Revision to Application for Temporary Transfer of Halibut/Sablefish Individual Fishing Quota (IFQ) in 2021

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Information collection document groups

IC ID	Collection	Type	Status	Form
246279	Revision to Application for Temporary Transfer of Halibut/Sablefish Individual Fishing Quota (IFQ) in 2021	Form	New

ICR Details

OMB Control No:	ICR Reference No: 202103-0648-004
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Revision to Application for Temporary Transfer of Halibut/Sablefish Individual Fishing Quota (IFQ) in 2021
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 03/26/2021
Date Submitted to OIRA: 03/18/2021

table that charts list comparision

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	650	0
Time Burden (Hours)	1,300	0
Cost Burden (Dollars)	6,500	0

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Abstract: This emergency rule will be effective for a period of 180 days after the date of publication. This emergency rule adds regulations at 50 CFR 679.41(h)(3) and 679.41(p) to allow temporary IFQ transfers in 2021. Any temporary IFQ transfer under § 679.41(p) will be applicable only during the 2021 IFQ fishing year. This emergency rule also adds § 679.41(h)(2) to correct a regulation that was inadvertently removed when the 2020 emergency rule (85 FR 38100, June 25, 2020) expired on December 22, 2020. Paragraph (h)(2) will be effective upon expiration of this emergency rule thereby correcting the inadvertent deletion and restoring previously effective regulatory text. Existing regulatory limitations on the transfer of IFQ constrain the transfer of allocations to other fishery participants. Due to these limitations and recent and unforeseen limitations on the IFQ fisheries, this emergency action is necessary to provide individual catcher vessel QS holders the ability to transfer IFQ. This emergency rule is intended to provide flexibility to QS holders in 2021 while preserving the long-standing objective of maintaining an owner-operated IFQ fishery in future years. This information collection is necessary for individual IFQ holders to obtain the benefits and additional flexibility allowed under this emergency rule.

Emergency Justfication: National Marine Fisheries Service (NMFS) Alaska Region is submitting this emergency request for a new information collection due to an emergency rule (RIN 0648-BK41) that will modify the temporary transfer provision of the Individual Fishing Quota Program for the fixed-gear commercial Pacific halibut and sablefish fisheries (IFQ Program) for the 2021 IFQ fishing year. This emergency rule temporarily modifies the IFQ Program to provide flexibility for quota share (QS) holders to temporarily transfer their IFQ to an eligible individual for harvest in 2021. Any individual holding catcher vessel QS will be able to temporarily transfer their IFQ during the remaining 2021 IFQ fishing season in the same manner as the emergency rule implemented in 2020 (85 FR 38100, June 25, 2020). The unexpected continuation of the COVD-19 pandemic without widespread vaccinations poses risks to harvesters and processors and continues to cause unforeseen management and operational issues in fisheries. This emergency action will not impose additional restrictions on the IFQ halibut and sablefish fisheries but will alleviate one limitation relating to transfers to address an unprecedented situation. This action makes a minor revision to the Application for Temporary Transfer of Halibut/Sablefish Individual Fishing Quota and will increase the estimated respondents, responses, burden hours, and costs for this form, which is approved under OMB Control Number 0648-0272. Because 0648-0272 is currently undergoing renewal and that overlaps with this emergency rule, and due to the urgent need to implement this rule and that this change is needed only through the end of the 2021 fishing year, a new information collection is being used. This new control number covers only the additional respondents, responses, burden hours, and costs that result from this emergency rule, and will be discontinued after the end of the 2021 IFQ fishing year.

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Authorizing Statute(s): PL: Pub.L. 94 - 265 303 Name of Law: Magnuson-Stevens Fishery Conservation and Management Act as amended in 2006
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0648-BK41	Final or interim final rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Revision to Application for Temporary Transfer of Halibut/Sablefish Individual Fishing Quota (IFQ) in 2021	NA	Application for Temporary Transfer of Halibut/Sablefish Individual Fishing Quota (IFQ)

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ICR Summary of Burden

table that charts list of burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	650	0	0	650	0	0
Annual Time Burden (Hours)	1,300	0	0	1,300	0	0
Annual Cost Burden (Dollars)	6,500	0	0	6,500	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This emergency action is in response to the government health advisories and restrictive travel policies implemented to minimize spread of the COVID-19 pandemic that remain in place and are likely to continue through the 2021 fishing year. The unexpected continuation of the COVD-19 pandemic without widespread vaccinations poses risks to harvesters and processors and continues to cause unforeseen management and operational issues in fisheries. This information collection is necessary for individual IFQ holders to obtain the benefits and additional flexibility allowed under this emergency action. If the information collection that is sought through this emergency ICR were not conducted or conducted without timely implementation, some fishery participants may forego harvesting catch due to additional costs and logistical challenges. The associated loss in harvesting and processing revenues would likely impact the harvesters, crew, and communities that are active in the IFQ Program. Specific regulatory criteria must be met before NMFS approves a temporary transfer. The information required by the Application for Temporary Transfer of Halibut/Sablefish IFQ is necessary to ensure that IFQ are transferred in compliance with the regulations governing the buying, selling, or gifting of IFQ.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Yes

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/18/2021

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