0648-0269 Supporting Statement A

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Western Alaska Community Development Quota Program

OMB: 0648-0269

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SUPPORTING STATEMENT

U.S. Department of Commerce

National Oceanic & Atmospheric Administration

Western Alaska Community Development Quota Program

OMB Control No. 0648-0269

Abstract


The National Marine Fisheries Service (NMFS), Alaska Regional Office (AKRO), requests extension of this currently approved information collection.


This information collection is necessary for NMFS to manage the Western Alaska Community Development Quota Program (CDQ Program). The purposes of the CDQ Program are to provide eligible western Alaska communities the opportunity to participate and invest in fisheries in the Bering Sea and Aleutian Islands Management Area, to support economic development in western Alaska, to alleviate poverty and provide economic and social benefits for residents of western Alaska, and to achieve sustainable and diversified local economies in western Alaska. The four components of this information collection are used by NMFS to manage the small vessel CDQ fisheries, transfer quota among the CDQ groups, and authorize the use of alternative harvest regulations under certain circumstances.


Minor administrative changes were made to the forms to increase clarity and to increase consistency with the region’s other forms. No other changes were made to this collection other than adjustments to reflect the most current data available.



Justification


  1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.


National Marine Fisheries Service (NMFS) and the North Pacific Fishery Management Council (Council) manage the groundfish fisheries in the exclusive economic zone (EEZ) off Alaska under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) (Magnuson-Stevens Act). The groundfish fisheries in the Bering Sea and Aleutian Islands are managed under the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP).

The Western Alaska Community Development Quota (CDQ) Program is an economic development program authorized under the Magnuson Stevens Act to provide eligible western Alaska villages with the opportunity to participate and invest in fisheries in the Bering Sea and Aleutian Islands Management Area (BSAI); to support economic development in western Alaska; to alleviate poverty and provide economic and social benefits for residents of western Alaska; and to achieve sustainable and diversified local economies in western Alaska.

The Magnuson-Stevens Act allocates a portion of the annual catch limit for each directed fishery of the BSAI among six non-profit corporations (CDQ groups) representing 65 western Alaska villages. The CDQ groups and the villages associated with each of the groups are specifically named in section 305(i)(1) of the Magnuson-Stevens Act. The CDQ groups are the Aleutian Pribilof Island Community Development Association, the Bristol Bay Economic Development Corporation, the Central Bering Sea Fishermen’s Association, the Coastal Villages Region Fund, the Norton Sound Economic Development Corporation, and the Yukon Delta Fisheries Development Association. The CDQ groups’ boards of directors and staff manage and administer CDQ allocations, investments, and economic development projects. The person authorized and required to submit information to NMFS on behalf of a CDQ group is a “CDQ group representative.”

This information collection contains four components necessary to manage the CDQ fisheries.1 The components of this information collection are used by NMFS to manage the small vessel CDQ fisheries, transfer quota among the CDQ groups, and authorize the use of alternative harvest regulations under certain circumstances.

  1. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.


The table below lists the instruments in this collection, and for each provides the regulations for the requirements, who submits the information, the submission method, whether a form is available, and the frequency of submission.

Requirement

Regulation

Respondent

Submission Method 1, 2

Form

Frequency

CDQ Vessel Registration System

50 CFR 679.32(c)(3)(iii) and 50 CFR 679.5(m)

CDQ group representative

eFISH

No

As needed.

Groundfish/Halibut CDQ and Prohibited Species Quota (PSQ) Transfer Request

50 CFR 679.5(n)

CDQ group representative

eFISH

Mail

Fax

email

Yes

As needed whenever a CDQ group wants to transfer CDQ or PSQ to another CDQ group.

Application for Approval of Use of Non-CDQ Harvest Regulations

50 CFR 679.32(e)

CDQ group representative; association representing CDQ groups; a voluntary fishing cooperative

Mail

Fax

Yes

As needed.

Appeals

50 CFR 679.32(e) and 15 CFR part 906

CDQ group representative

Fax

Mail

Delivery

No

By choice of the CDQ group if NMFS were to disapprove an Application for Approval of Use of Non-CDQ Harvest Regulations.

1 eFISH: https://alaskafisheries.noaa.gov/webapps/efish/login

Mail: NMFS Alaska Region, Sustainable Fisheries Division, P.O. Box 21668, Juneau, AK 99802-1668

Fax: (907) 586-7131

2 AppealsFax: (301) 713–2384; Mail or delivery: National Appeals Office, 1315 East-West Highway, Silver Spring, MD 20910.


The following addresses the purpose for which the information is collection and some additional information about the components of this information collection. No changes have been made to this information collection since the previous renewal was approved by OMB in 2020.


Dissemination of Information


This information collection is designed to yield data that meet all applicable information quality guidelines. Prior to dissemination, the information will be subjected to quality control measures and a pre-dissemination review pursuant to Section 515 of Public Law 106-554 (the Information Quality Act), which requires NMFS to ensure the quality, objectivity, utility, and integrity of information it publicly disseminates. Public dissemination of data collected by this information collection is governed by NOAA's information quality guidelines, which were issued on October 30, 2014.


Reports and analyses prepared using the information obtained through the CDQ and PSQ transfer request generally fall under NOAA's information quality category "synthesized products." These products have been developed through analysis of original data by applying methods that require some scientific evaluation and judgment; however, these methods of analysis generally are well documented and relatively routine. Therefore, peer review is generally not required for reports and analyses prepared using these data.


Reports and analyses undergo internal agency review by people familiar with the underlying data and fisheries being described. In addition, analyses presented to the North Pacific Fishery Management Council are reviewed by its Scientific and Statistical Committee.


It is anticipated that some of the information collected will be disseminated to the public or used to support publicly disseminated information. NMFS and the National Appeals Office will retain control over the information and safeguard it from improper access, modification, and destruction, consistent with NOAA standards for confidentiality, privacy, and electronic information. See Question 10 of this Supporting Statement for more information on confidentiality and privacy. See Question 16 of this Supporting Statement for information from this collection that is posted on the NMFS Alaska Region website and the NMFS National Appeals Office website.


CDQ Vessel Registration System


Participation in most federally managed groundfish fisheries in the BSAI require that catcher vessels greater than 32-ft in length overall (LOA) must be named on a License Limitation Program (LLP) license. Only a limited number of licenses were issued, and people or entities such as the CDQ groups who want to use a vessel that is not named on an LLP license must obtain an LLP license by transfer, generally at a cost. Through Amendment 109 to the BSAI FMP, the Council authorized the CDQ groups to use catcher vessels up to 46-ft LOA in the BSAI groundfish fisheries without an LLP license, under certain circumstances. More information about the small vessel groundfish CDQ fisheries authorized under Amendment 109 is in the final rule for this action (81 FR 26738; May 4, 2016).

The CDQ Vessel Registration System is the means through which NMFS maintains a list of vessels that have received exemptions from the LLP license requirements.


The CDQ Vessel Registration System is necessary for the CDQ group to register with NMFS those vessels that will be participating in groundfish CDQ fisheries in the BSAI under an LLP exemption and under different and less restrictive prohibited species catch requirements and observer coverage requirements.

The CDQ group representative may add vessels to the CDQ vessel registration list at any time by logging into the CDQ vessel registration system through eFISH. eFISH is NMFS’s online application used to perform many information collection functions for the NMFS Alaska Region. The CDQ group representative must log into the online system using the group’s existing NMFS Person ID and password. Use of the NMFS Person ID and password certifies that all information is true, correct, and complete. The CDQ group representative may add vessels to or remove vessels from the CDQ vessel registration system at any time during the year by logging into the online system. Through the CDQ registration system, each registered vessel is added to the CDQ vessel registration list on the NMFS Alaska Region Web site. Once registered, a vessel will remain on the CDQ vessel registration list until removed by a CDQ group representative.

For those vessels that are eligible for an LLP exemption, the CDQ vessel registration system provides a letter documenting that the exemption applies while the vessel is groundfish CDQ fishing. The CDQ group representative must provide a copy of the LLP exemption letter to each vessel operator. The vessel operator must maintain a legible copy of the LLP exemption letter on board at all times while that vessel is groundfish CDQ fishing.

To remove a registered vessel from the CDQ vessel registration list, a CDQ group representative must—

  • Provide notice to the operator of the registered vessel that the vessel is being removed from the vessel registration list;

  • Certify at the time of removal that the vessel operator was given notice by the CDQ group that the vessel was going to be removed from the list; and

  • Certify that the vessel was not groundfish CDQ fishing at the time of removal.


If a vessel is removed from the CDQ vessel registration list, eFISH will provide a printable confirmation that a vessel has been removed. Once a vessel is removed from the CDQ vessel registration list, that vessel is no longer exempt from the LLP requirements, even if the operator is still in possession of the LLP exemption letter.

To date, since this exemption opportunity was implemented in 2016, NMFS has received no registrations through the CDQ Vessel Registration System. The CDQ groups requested this program because they wanted the opportunity to develop small boat fisheries without having to purchase potentially expensive LLP licenses or to comply with some of the other catch monitoring requirements that apply in the CDQ fisheries. The Council approved and NMFS implemented this program. However, thus far, the CDQ groups have not wanted to use vessels in their groundfish fisheries that needed an LLP license exemption. Therefore, no information has yet been collected by NMFS through this system.

Groundfish/Halibut CDQ and Prohibited Species Quota (PSQ) Transfer Request

The CDQ Program is a catch share program that allocates a portion of the BSAI total allowable catch limits for specific groundfish species, a portion of the commercial catch limits for halibut, and portions of certain prohibited species catch (PSC) limits to the CDQ Program. These amounts are then further allocated among the six CDQ groups as allocations that may be transferred among the CDQ groups. The transferable allocations of the groundfish species or halibut are called groundfish CDQ or halibut CDQ. The transferable allocation of the prohibited species are called prohibited species quota (PSQ).

All of the CDQ groups are annually issued account balances for amounts of groundfish and halibut that may be harvested by vessels fishing on behalf of the group that year. In addition, all of the CDQ groups are issued annual account balances for halibut PSQ. These allocations may be transferred among the CDQ groups. If a CDQ group wishes to transfer groundfish CDQ, halibut CDQ, or halibut PSQ to another CDQ group, it must submit a transfer request to NMFS. The transfer request provides NMFS with the necessary information to transfer the CDQ or PSQ from one CDQ group’s account to another.

The transfer request may be submitted electronically through eFISH or by mail or fax. All CDQ transfer requests in the last six years have been submitted electronically through eFISH. For online transfer requests, the transferor's and transferee’s designated representative must log into the system and create a transfer request following the instructions on the computer screen. By using the transferor's NMFS Person ID, password, and Transfer Key and submitting the transfer request, the designated representative certifies that all information is true, correct, and complete. The information that is required in eFISH is the same information that is indicated on the form associated with this collection.

The information collected includes identification and contact information for the transferring and receiving CDQ group; amount of CDQ transferred, amount of PSQ transferred, whether the halibut PSQ should be converted to halibut PSC, the year the transfer applies, and signature of the transferor and transferee or their authorized representatives.

Application for Approval of Use of Non-CDQ Harvest Regulations

Section 305(i)(1)(B)(iv) of the Magnuson-Stevens Act requires that “the harvest of allocations under the program (the CDQ Program) for fisheries with individual quotas or fishing cooperatives shall be regulated by the Secretary in a manner no more restrictive than for other participants in the applicable sector, including with respect to the harvest of nontarget species.” NMFS interprets the statement “in a manner no more restrictive than for other participants in the applicable sector” to mean that the fishery management regulations associated with regulating the harvest of CDQ allocations should be no more costly, complex, or burdensome than those that apply to comparable non-CDQ sectors managed under individual fishing quotas (IFQs) or cooperative allocations. The harvest regulations that apply to non-CDQ sectors for IFQs or cooperative allocations that are regulated by NMFS are described in Federal regulations. However, in rare cases, a group of fishing vessel owners may form a voluntary cooperative that is not licensed or permitted by NMFS.

The Application for Approval of Use of Non-CDQ Harvest Regulations provides the information NMFS needs to verify that a fishing sector has formed a voluntary cooperative and is be eligible to fish in the CDQ fisheries under regulations developed for a non-CDQ fishing sector. More information about this provision of the CDQ Program is in the final rule that implemented the authorizing regulations (77 FR 6492; February 8, 2012).

The CDQ group representative, an association representing CDQ groups, or a voluntary fishing cooperative may submit an Application for Approval to Use Non-CDQ Harvest Regulations. A completed application consists of the application form and a copy of the cooperative contract or an affidavit. The application may be submitted to NMFS at any time. The information collected on the application includes name and contact information for the voluntary fishing cooperative; applicant name and contact information if different from the information for the cooperative; name, FFP number, and LLP number of each vessel in the cooperative; and the signature of the applicant or representative.

NMFS approves the application if it contains of the information required in 50 CFR § 679.32(e), the vessels listed on the application form represent a majority of vessels participating in an applicable sector, and the CDQ harvest regulations are more restrictive than the non-CDQ regulations for the applicable sector. NMFS documents approval of an application through a letter to the applicant.

If NMFS determines that the application is deficient, NMFS will notify the applicant in writing to identify the discrepancies and provide the applicant with an opportunity to correct them. If the applicant fails to address the deficiencies, NMFS will issue an initial administrative determination (IAD) denying the application. The applicant may appeal this IAD under the process described below for Appeals.

One application was received in 2012, and it was submitted by a representative of the CDQ groups. NMFS approved this application and the vessels in the Freezer Longline Cooperative have been fishing under non-CDQ Program harvest regulations since mid-2012.

Appeals

The decision to approve or disapprove an Application for Approval of Use of Non-CDQ Harvest Regulations is an administrative determination. NMFS must provide an opportunity for an administrative appeal if NMFS issues an initial administrative determination to deny this application. An explanation of the right to an administrative appeal are at 50 CFR § 679.32(e).

Appeals of any NOAA initial administrative determination are handled by the NOAA’s National Appeals Office (NAO). The information required to be submitted for an appeal is necessary to provide the NAO with the information that the appellant wishes NAO to consider in its appeal of NMFS’s IAD.

The instructions for filing an administrative appeal are at 50 CFR part 906. Instructions for submitting an appeal are also provided on the NAO website at

https://www.fisheries.noaa.gov/national/rules-and-regulations/appeals. These regulations require that appeals be submitted to NOA via facsimile, unless the person does not have access to a fax machine, in which case they may file by regular mail or commercial carrier.


  1. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burden.


The CDQ Vessel Registration System and the Groundfish/Halibut CDQ and Prohibited Species Quota (PSQ) Transfer Request are submitted through eFISH at https://alaskafisheries.noaa.gov/webapps/efish/login. In addition to providing a method to submit applications, eFISH provides online access to participants’ NMFS permit accounts. eFISH allows participants to check account balances, vessel balances, and landing ledger reports; quota share holdings reports, processor quota share holding reports from various fisheries; report landings; conduct quota transfers; renew certain fishery permits; report a GAF landing; and check a GAF permit balance.

The Groundfish/Halibut CDQ and Prohibited Species Quota (PSQ) Transfer Request and the Application for Approval of Use of Non-CDQ Harvest Regulations are available as fillable pdfs on the NMFS Alaska Region website at https://www.fisheries.noaa.gov/permit/alaska-community-development-quota-cdq-program-applications-and-forms. They may be printed and submitted by mail or fax. eFISH must be used to enter and submit information for the CDQ Vessel Registration System.


The Application for Approval of Use of Non-CDQ Harvest Regulations currently cannot be submitted electronically because, in addition to the form, the submission likely involves a written description of circumstances that are conveyed to NMFS by letter and may contain additional attached documents. NMFS Alaska Region is working toward offering more online services. The current data entry and retrieval system is nearing the end of its life, and a new integrated system is in development. As this system is developed, we will be transitioning to the new system that will allow applications to be submitted and processed electronically.


Administrative appeals cannot be submitted electronically because the National Appeals Office requires submission of documents by fax, mail, or delivery to provide the appropriate record for legal proceedings.


  1. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Question 2


NMFS has reviewed this information collection and identified no duplication with other information collections.

In general, Alaska Region information collections are prepared and reviewed by staff familiar with all of the information collection requirements for the region. Staff work together to develop information collection requirements for new programs. In addition, NMFS staff work closely with the staff of the Alaska Department of Fish and Game and the International Pacific Halibut Commission to reduce duplication in information collection requirements to the extent possible given overlapping jurisdictions and complex fisheries. Senior staff at the Alaska Region, NMFS headquarters, and the Department of Commerce General Counsel review all new and revised information collection requirements that are associated with rulemakings. This process minimizes the potential for duplication of information collection requirements for participants in the Federal fisheries off Alaska.

  1. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.


The CDQ groups are considered small entities under the Regulatory Flexibility Act because they are non-profit corporations. In most cases, use of the online application eFISH to submit applications and requests is the preferred and most cost effective method for the CDQ groups to submit information to NMFS. Allowing the back-up method of submitting a form by fax or mail provides options in the case of internet outages or other operational difficulties.

  1. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.


Most of the components of this collection were established at the request of the CDQ groups and the North Pacific Fishery Management Council and are not used frequently, if at all. Although some of the components of this collection must be submitted if a CDQ group wants to invoke a provision allowed in regulation, none have a specific deadline. All may be submitted at any time that the CDQ group wishes to apply for a beneficial provision of the program or a CDQ or PSQ transfer that they wish to have completed by NMFS.

If this information collection was not established, NMFS would not have a reliable way to collect the information necessary to evaluate a CDQ group’s request or application for a particular program component or quota transfer.

  1. Explain any special circumstances that would cause an information collection to be conducted in a manner inconsistent with OMB guidelines.

Except for the groundfish and PSC transfer requests that occur as frequently as CDQ groups wish to transfer groundfish or PSC, this collection does not require respondents to report information to the agency more often than quarterly.


  1. If applicable, provide a copy and identify the date and page number of publications in the Federal Register of the agency's notice, required by 5 CFR 1320.8 (d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.


A Federal Register Notice published on May 16, 2023 (88 FR 31245), that solicited public comments. In addition to the Federal Register notice, NMFS contacted stakeholders outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format, and on the data elements to be recorded, disclosed, or reported. No comments were received from the stakeholders or the Federal Register notice.


  1. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.


No payment or gift will be provided under this program.

  1. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.


All information collections by NMFS, Alaska Region, are protected under confidentiality provisions of section 402(b) of the Magnuson-Stevens Act as amended in 2006 (16 U.S.C. 1801, et seq.) and under NOAA Administrative Order 216-100, which sets forth procedures to protect confidentiality of fishery statistics.


The System of Records Notice that covers this information collection is COMMERCE/NOAA-19, Permits and Registrations for United States Federally Regulated Fisheries. An amended Privacy Act system of records notice was published in the Federal Register on August 7, 2015 (80 FR 47457), and became effective September 15, 2015 (80 FR 55327).


The Privacy Impact Assessment that covers this information collection is NOAA NMFS Alaska Region Local Area Network (NOAA4700).


  1. Provide additional justification for any questions of a sensitive nature, such as sexual behavior or attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.


This collection of information does not include questions of a sensitive nature.


  1. Provide estimates of the hour burden of the collection of information.


The rate $54.43 is the U. S. Bureau of Labor Statistics (BLS) mean hourly wage for Occupation Code 11-9121 (Natural Sciences Managers; https://www.bls.gov/oes/current/oes_ak.htm) for Alaska. The rate has been updated to use the most current BLS rate available (May 2022) and to improve consistency in the rates used for the same respondent types in NMFS Alaska Region information collections.



Information Collection

Type of Respondent (e.g., Occupational Title)

# of Respondents/year
(a)

Annual # of Responses / Respondent
(b)

Total # of Annual Responses
(c) = (a) x (b)

Burden Hrs / Response
(d)

Total Annual Burden Hrs
(e) = (c) x (d)

Hourly Wage Rate (for Type of Respondent)
(f)

Total Annual Wage Burden Costs
(g) = (e) x (f)

CDQ Vessel Registration System 1

CDQ group representative

0

0

0

10 min.

0

$54.28

0

Groundfish/Halibut CDQ and Prohibited Species Quota (PSQ) Transfer Request

CDQ group representative

6

12

72

30 min.

36

$54.28

$1,954

Application for Approval of Use of Non-CDQ Harvest Regulations 2

CDQ group representative

0

0

0

5 hrs

0

$54.28

0

Appeals 3

CDQ group representative

0

0

0

4 hrs

0

$54.28

0





72


36


$1,954

1 NMFS has not received any registrations through the CDQ Vessel Registration System since it was implemented in 2016. NMFS is not expecting to receive any during the 3-year renewal period of this information collection.

2 NMFS does not expect to receive any during the 3-year renewal period of this information collection. The one voluntary cooperative that exists in the BSAI groundfish fisheries submitted its application in 2012 and has not submitted any amendments or withdrawn its application since then.

3 NMFS has not received any administrative appeals related to this collection because NMFS has not issued any disapprovals of an Application for Approval of Use of Non-CDQ Harvest Regulations, nor does NMFS expect to during the 3-year renewal period of this information collection. The opportunity to submit an administrative appeal must be provided in our regulations, but it is very rarely used except for issuance of initial allocations or permits for Alaska Region catch share programs.




  1. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).


Operating costs account for the typical inclusive general office services packages that include expenses for email, fax, copying, mailing, printing, and internet. Submission of information for the CDQ Vessel Registration System and the Groundfish/Halibut CDQ and Prohibited Species Quota (PSQ) Transfer Request are done online and assumed to have zero additional cost burden to the respondent because the costs of using the internet to submit this information through eFISH would not change their overall annual costs for internet services.


In addition to the 4 hours that are estimated for a CDQ group representative to prepare and submit information necessary for an appeal, the CDQ group would be likely to hire an attorney to prepare the actual appeal documents. NMFS estimates that preparation of the appeal would take 4 hours of an attorney’s time. The cost of $219 is based on the BLS mean hourly wage for Occupation Code 23-1011 (Lawyers; $57.98/hr; https://www.bls.gov/oes/current/oes_ak.htm) for Alaska, May 2022.


Information Collection

# of Respondents/year
(a)

Annual # of Responses / Respondent
(b)

Total # of Annual Responses
(c) = (a) x (b)

Cost Burden / Respondent
(h)

Total Annual Cost Burden
(i) = (c) x (h)

CDQ Vessel Registration System

0

0

0

$0

0

Groundfish/Halibut CDQ and Prohibited Species Quota (PSQ) Transfer Request

6

12

72

$0

0

Application for Approval of Use of Non-CDQ Harvest Regulations

0

0

0

Operating costs - $5

0

Appeals

0

0

0

attorney - $2321

Operating costs - $5

0

TOTALS

6


72


0

1 4 hours * $57.98/hour = $231.92




  1. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.



The direct program costs for the CDQ Program in fiscal year 2022 were $567,984.


The following are examples of the types of tasks that were included under the 2022 CDQ direct program costs:

• Patrols, investigations, outreach and education, and compliance assistance

• Analysis and rulemaking activities

• At-sea scale inspections and video equipment inspections

• Cost recovery fee determination and collection process

• Responding to questions about permits

• Maintenance of the catch accounting system and eLandings

• Inseason operations, sampling, and quality control


A cost recovery program is in effect for the CDQ Program (81 FR 150; January 5, 2016). Under this cost recovery program, NMFS is authorized to collect direct program costs from the CDQ groups.




  1. Explain the reasons for any program changes or adjustments reported in ROCIS.


The respondents and responses were adjusted to reflect the most current data available, and any changes to these numbers will have affected the total burden hours and costs of those collection instruments. Additional reasons for adjustments are noted in the tables.


Information Collection

Respondents

Responses

Burden Hours

Reason for change or adjustment

Current Renewal / Revision

Previous Renewal / Revision

Current Renewal / Revision

Previous Renewal / Revision

Current Renewal / Revision

Previous Renewal / Revision

CDQ Vessel Registration System

1

1

1

1

0

0

Decrease in number of respondents. No registrations are expected during the 3-year renewal period of this information collection. 1 response added for administrative reasons in ROCIS

Groundfish/Halibut CDQ and Prohibited Species Quota (PSQ) Transfer Request

6

6

72

72

36

36

No change

Application for Approval of Use of Non-CDQ Harvest Regulations

1

1

1

1

0

5

Decrease in number of respondents. No applications are expected during the 3-year renewal period of this information collection. 1 response added for administrative reasons in ROCIS

Appeals

1

1

1

1

0

4

Decrease in number of respondents. No appeals are expected during the 3-year renewal period of this information collection. 1 response added for administrative reasons in ROCIS

Total for Collection

61

6 1

75

75

36

45

 

Difference

0

0

-9

 

1Some participants in the CDQ Program submit more than one instrument in this information collection. Therefore, the number of unique respondents is used to show the estimated number of individual participants who are expected annually to submit information during the renewal period for this information collection. The estimated number of unique respondents consist of the representatives of the six CDQ groups.


Information Collection

Labor Costs

Miscellaneous Costs

Reason for change or adjustment

Current

Previous

Current

Previous

CDQ Vessel Registration System

0

54

0

0

There are no costs because no registrations are expected during this 3-year renewal period.

Groundfish/Halibut CDQ and Prohibited Species Quota (PSQ) Transfer Request

1,954

1,949

0

0

Labor costs were updated to use the most current BLS wage rate available.

Application for Approval of Use of Non-CDQ Harvest Regulations

0

271

0

20

There are no costs because no applications are expected during this 3-year renewal period.

Appeals

0

217

0

254

There are no costs because no appeals are expected during this 3-year renewal period.

Total for Collection

$1,954

$2,491

0

$274

 

Difference

- $537

- $274

 



  1. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.


The information obtained from this collection will not be tabulated or published in a report specifically about this data collection. Some of the information may be summarized qualitatively or quantitatively in general reports about the CDQ Program or for analyses of proposed revisions to CDQ Program regulations in the future. This information may be provided to the North Pacific Fishery Management Council or the public with appropriate application of confidentiality requirements.


The list of vessels that have been granted an exemption to the LLP license requirement to participate in the groundfish CDQ fisheries is maintained through the CDQ Vessel Registration List. If a CDQ group registers a vessel under this provision in the future, the name of that vessel would be posted on the NMFS Alaska Region Web site so that information about the exemption is readily available to the public and law enforcement. Because no vessel registrations have been received by NMFS, to date, no information has been disseminated to the public from this system.


Information about individual CDQ or PSQ transfers are not disseminated to the public. Information summarizing the number of transfers or the types of transfers may be included in analysis of proposed management measures under consideration by the North Pacific Fishery Management Council. If this information were to be provided in summary form, the identity of the CDQ groups transferring CDQ or PSQ and the actual amounts transferred would not be disseminated to the public.


For the single Application for Approval of Use of Non-CDQ Harvest Regulations that NMFS received in 2012, NMFS issued a letter approving the application and providing a list of vessel names and associated LLP license numbers. None of the information included in NMFS’s approval letter is considered confidential.

The National Appeals Office posts its appeal decisions on its website. However, it redacts any information that would identify the appellant or any identifying information about the appeals case. Therefore, no information from respondent’s submission is disseminated to the public.


Section 515 of Public Law 106-554 (the Information Quality Act) requires NMFS to ensure the quality, objectivity, utility, and integrity of information it publicly disseminates. If data submitted under this collection is released to the public, it either is not confidential information or it is aggregated, synthesized, summarized, and presented in a non-confidential format to the public.


  1. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.


The agency plans to display the expiration date for OMB approval of the information collection on all instruments.


  1. Explain each exception to the certification statement identified in “Certification for Paperwork Reduction Act Submissions."

The agency certifies compliance with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

1 The CDQ groups also are required under section 305(i)(1)(E)(v) of the Magnuson-Stevens Act to submit an Annual Statement of Compliance to the Secretary of Commerce. Because this statement is required by statute, it does not require OMB approval or inclusion in this supporting statement or information collection budget.

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File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
AuthorDumas, Sheleen (Federal)
File Modified0000-00-00
File Created2023-08-18

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