SUPPORTING STATEMENT
U.S. Department of Commerce
National Oceanic & Atmospheric Administration
NMFS Alaska Region Scale & Catch Weighing Requirements
OMB Control No. 0648-0330
Abstract
This is a resubmission, with the final rule, of a request by the National Marine Fisheries Service (NMFS) Alaska Region for extension and revision of this currently approved information collection.
The At-Sea Scales Program provides catch accounting methods that are more precise and verifiable at the level of the individual haul and less dependent on estimates generated by at-sea observers. This program is necessary due to the large-scale catch share programs that require NMFS to provide verifiable and defensible estimates of quota harvest. This collection provides the benefits of allowing vessels to fully harvest the total allowable catch in a catch share program while ensuring these fisheries can be adequately monitored.
This collection is revised due to the final rule (RIN 0648-BL69) to revise the monitoring requirements for pot gear catcher/processors participating in Bering Sea/Aleutian Islands (BSAI) groundfish fisheries. This rule is necessary to address management challenges through improved observer data collection. This rule also affects information collection requirements approved under OMB Control Numbers 0648-0318 and -0515. NMFS is submitting separate requests to revise these collections.
Due to the rule, this collection is revised to add two voluntary monitoring options for BSAI pot catcher/processors. A vessel may choose to install an observer sampling station for use by an observer. A vessel may also choose to install a motion-compensated, NMFS-approved scale to measure total catch of Pacific cod, in conjunction with an MCP scale for testing, electronic logbook, and video monitoring. Separate from the rule changes, the name of the collection instrument Video Monitoring is changed to Video Monitoring Data Submission to clarify its use.
Justification
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.
The Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act) authorizes the North Pacific Fishery Management Council to prepare and amend fishery management plans for any fishery in waters under its jurisdiction.
NMFS manages the U.S. Groundfish fisheries of the exclusive economic zone off Alaska under the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) and the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP). NMFS manages the crab fisheries in the waters off the coast of Alaska under the Fishery Management Plan for Bering Sea and Aleutian Islands Crab. Catcher/processors participate in Crab Rationalization (CR) Program fisheries in the BSAI. The fishery management plans were approved by the Secretary of Commerce under authority of the Magnuson-Stevens Act as amended in 2006. The fishery management plans are implemented by regulations at 50 CFR parts 679 and 680.
The At-Sea Scales Program was developed in response to the need for catch accounting methods that were more precise and verifiable at the level of the individual haul and less dependent on estimates generated by at-sea observers. This was necessary due to the implementation of large-scale catch share programs that required NMFS to provide verifiable and defensible estimates of quota harvest. The requirements for weighing catch at sea were implemented in 1998 (63 FR 5836, February 4, 1998) and affected only trawl catcher/processors participating in the Western Alaska Community Development Quota Program (CDQ Program).
Since implementation, the At-Sea Scales Program has been expanded several times. It expanded significantly in 2000 because of statutory requirements of the American Fisheries Act (AFA) that required all at-sea catch by specified vessels in the BSAI pollock fishery to be weighed (65 FR 4520, January 28, 2000). Further expansion occurred in 2007 to include trawl catcher/processors participating in the Central Gulf of Alaska (GOA) Rockfish Pilot Program (71 FR 67210, November 20, 2006) and non-AFA catcher/processors participating in BSAI trawl fisheries (72 FR 52668, September 14, 2007). The program expanded in 2013 to include freezer longliners that participate in BSAI Pacific cod fisheries (77 FR 59053, September 26, 2012). The program was refined in 2015 to address advancements to scale technology that improve scale accuracy monitoring and reporting, and address enforcement concerns about compliance with at-sea scale regulations (79 FR 68610, November 18, 2014).
Shoreside processors participating in catch share programs have many of the same catch accounting and monitoring goals as those described above. However, two differences require unique monitoring tools to obtain precise and verifiable catch amounts for quota management. First, shoreside processors vary more in size, facilities, and layout than catcher/processors or motherships. Second, the State of Alaska is responsible for approving scales used for trade by shoreside processors and has developed an effective program for their inspection and approval.
Because of the wide variations in factory layout, a performance-based catch monitoring system is more appropriate for shoreside processors than a type approval process used for at-sea scales. Catch Monitoring and Control Plans (CMCPs) and Crab Monitoring Plans (CMPs) are submitted by the representative from the shoreside processor and approved by NMFS. CMCPs and CMPs detail a series of performance based standards set out in regulation that ensure that all delivered catch can be effectively monitored by NMFS-authorized personnel, that NMFS-authorized personnel can effectively conduct their monitoring duties, and that all catch is accurately sorted and weighed by species.
The requirements for CMCPs were implemented in 2002 (67 FR 79692, December 20, 2002) and affected all shoreside processors receiving deliveries from AFA catcher vessels. The AFA shoreside processor CMCP program was modified in 2010 (75 FR 53026, August 30, 2010) to include provisions to ensure an observer could count all Chinook salmon. Shoreside processors receiving deliveries from vessels participating in the CR Program implemented the use of CMPs in 2005 (70 FR 10174, March 2, 2005). Further expansion occurred in 2007 (71 FR 67210, November 20, 2006) to include shoreside processors participating in the Rockfish Pilot Program. This program was refined in 2012 and renamed the Central GOA Rockfish Program (76 FR 81248, December 27, 2011).
More information on catch weighing and monitoring requirements is available on the Catch Weighing and Monitoring page of the NMFS Alaska Region website.
This collection of information is required in regulations at 50 CFR parts 679 and 680. Specific regulations for each element of this collection are provided under Question #2 with the description for each element.
Reasons for Revisions Due to the Rule (RIN 0648-BL69)
This information collection is revised due to the final rule to revise the monitoring requirements for pot gear catcher/processors participating in BSAI groundfish fisheries (RIN 0648-BL69).
NMFS proposes improvements to existing data collected by observers deployed by the North Pacific Observer Program (Observer Program) for management of the BSAI pot catcher/processor sector. The BSAI pot catcher/processor fleet is managed in part under the License Limitation Program (LLP), which requires an LLP license endorsed for the directed fishing of groundfish in the BSAI (see OMB Control No 0648-0334). The pot catcher/processor fleet targets primarily Pacific cod using pot gear with single lines. The BSAI pot catcher/processor fleet is relatively small, and seasons in the BSAI are often short, lasting approximately one to two weeks during the A season (beginning January 1) and the B season (beginning September 1) in recent years. The fast pace of fishing with single pot gear, high sampling workload, and the need for close communication between the captain and observer make this fleet one of the most difficult fisheries for the Observer Program to sample. This fleet is separate from catcher/processors using pot gear for the groundfish Community Development Quota (CDQ) Program (63 FR 30381; June 4, 1998), and this action will not change the groundfish CDQ regulations.
This rule is necessary to address management challenges through improved observer data collection. Observer data is NMFS’s preferred source of information for estimating catch and discards in the BSAI pot catcher/processor fishery. Observer data is used by NMFS for inseason management in near real time, making it imperative this data is as complete and accurate as possible. Currently, NMFS’s management of the BSAI pot catcher/processor fishery is difficult due to a high rate of observer data loss, either by deletion by the Observer Program due to flawed data collection or by observers failing to collect data in the first place.
Accurate observer haul estimates are important to the fleet, as well as NMFS. Participants in the BSAI pot catcher/processor fishery have expressed concern with observer haul estimates compared to vessel production weights. Precise haul estimates are important to the fleet for catch accounting during their short seasons. NMFS has received feedback and inquiries from several active vessels about adding observer coverage, workstations, and scales to address concerns about extrapolated estimates. Since at least 2014, where deletion of observer data has occurred in the fishery due to data collection errors, it has resulted in substantial changes to the estimates of catch and bycatch.
This action provides three voluntary monitoring options for pot catcher/processors to install equipment or operational requirements that may further improve the precision of observer data. Specifying the requirements of the voluntary options through regulations provides NMFS the authority to enforce the monitoring standards needed to ensure the quality of data collected. Although some substantial costs to participants may be associated with installing the equipment for these monitoring options, these options, and therefore costs, are voluntary. Some vessels expected to participate already have this equipment installed because it is required for other fisheries in which they participate.
This information collection is revised to include two of the voluntary options: the observer sampling station and the scales options.
The rule adds an option at 50 CFR 679.101(c)(1) to provide a certified observer sampling station with a NMFS-approved motion compensated platform (MCP) scale for the observer’s use. An observer sampling station provides an organized work space and higher precision equipment for the observer’s use that will improve observer data collection.
The rule adds an option at § 679.101(c)(3) for a motion-compensated, NMFS-approved scale to measure total catch of Pacific cod, in conjunction with an MCP scale for testing, electronic logbook, and video monitoring. Use of a NMFS-approved scale to measure total catch of Pacific cod will simplify observer data collection of Pacific cod total haul weights on pot catcher/processors and improve precision of catch estimates. With proper maintenance and testing, these types of haul-level measurements exclude the uncertainty involved from estimating total catch using a randomized sample approach. If vessel operators choose to acquire such scales, the scales must be maintained within the scale requirements at § 679.28(b) to ensure data quality. These requirements include an initial inspection and annual re-inspections by a NMFS-staff scale inspector. Additionally, daily testing by the vessel operator will be required in the presence of an observer for each calendar day the scale is used at sea. Finally, vessels choosing this option must record test results through an electronic logbook, and use video to monitor the flow of catch and ensure no scale tampering has occurred similar to the requirements of the BSAI Pacific cod hook-and-line fishery (79 FR 68610, November 18, 2014).
Six BSAI pot catcher/processors are directly regulated by this rule. NMFS expects one vessel to choose the observer sampling station option and one vessel to choose the scales option. Both of these vessels already have all the equipment installed and comply with the requirements due to their participation in other fisheries. Therefore, these vessels were already included in the number of respondents and responses and the burden for this collection (0648-0330), and no changes to the respondents, responses, or burden were needed due to the rule.
This rule also affects two other information collections (OMB Control Numbers 0648-0318 and -0515). NMFS is submitting separate requests for the revisions to those collections.
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.
This information collection ensures that the fisheries in Alaskan waters are managed to provide precise and verifiable catch amounts for quota management. This collection is used for multiple purposes. First, a real-time, accurate depiction and representation of the entire fishing effort is crucial for the planning, controlling, and management of our fisheries. Second, aspects of this collection are used to ensure that fisheries observers, NOAA Office of Law Enforcement personnel, and fisheries managers can verify that the data collected for fisheries management is accurate and not subject to misreporting. Finally, this collection allows both the stakeholders as well as the fisheries managers to have one single estimate of quota harvested that is verifiable and defensible.
The Alaska Region’s Sustainable Fisheries Division is the nexus for the collection, processing, qualitative integration, statistical analysis, and stewardship of the catch data information used to make management decisions. The many systems and methods used to collect information are justified in meeting the goals of the Magnuson-Stevens Act. Provided below are the requirements, regulations, and needs and uses of the elements of this collection of information.
Two types of at-sea motion-compensated scales for weighing large volumes of catch are currently approved by NMFS. Flow scales (used for groundfish) continuously weigh fish as they move across the weighing platform on a belt. Hopper scales (used by the CR Program) fill a container until the hopper reaches a known weight and then release the fish into a sorting area. Currently four programs, totaling 59 vessels, require catcher/processors or motherships to weigh their catch at sea (Table 1). This information collection is needed to provide the weight of catch at sea to manage the fishery and ensure a precise, verifiable, and defensible amount of quota harvested.
Table 1. Programs requiring catcher/processors or motherships to weigh their catch at sea.
Fishery |
Number of Vessels with Current Scale Approvals |
American Fisheries Act |
19 |
Amendment 80/Rockfish |
16 |
BSAI Freezer Longliner |
22 |
CR Program |
2 |
TOTAL |
59 |
* Includes vessels authorized by statute, FMP, or regulation to participate in a fishery that may require at-sea scale use. |
|
American Fisheries Act (AFA). Section 208(e) of the AFA, which took effect on January 1, 1999, lists by name catcher/processors and motherships that are eligible to harvest the catcher/processor sector BSAI pollock directed fishing allowance. Under statute, section 211 (b) of the AFA requires catcher/processors and motherships to weigh all catch at sea. The regulations requiring the use of at-sea scales can be found at § 679.63(a)(1). All AFA participating vessels must also provide a motion-compensated platform scale for the observer’s use.
Amendment 80 catcher/processor and Central GOA rockfish catcher/processors. Amendment 80 to the BSAI FMP established a quota-based program for non-AFA catcher/processors in the BSAI. Amendment 88 to the GOA FMP established a similar program for catcher/processors that harvest rockfish in the Central GOA. All of the vessels that participate in the catcher/processor sector of the GOA rockfish fishery also participate in Amendment 80 fisheries in the BSAI. Under § 679.84(c)(1) for Central GOA rockfish and § 679.93(c)(1) for Amendment 80, all catcher/processors that participate in these fisheries must weigh all catch at sea on a NMFS-approved scale as well as provide a motion-compensated platform scale for the observer’s use.
Bering Sea/Aleutian Islands (BSAI) Pacific cod freezer longliners. BSAI Pacific cod freezer longliners formed a voluntary cooperative in 2012 and requested additional monitoring requirements to assist in management of quota allocations. Under § 679.100(b)(2), all BSAI Pacific cod freezer longliners must either weigh all Pacific cod caught at sea on a NMFS-approved scale or carry two observers at all times when directed fishing for Pacific cod is open in the BSAI. The vessel must provide a motion-compensated platform scale for the observer’s use.
Crab Rationalization (CR) Program catcher/processors. Amendments 18 and 19 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs established requirements that all catcher/processors participating in the CR Program must weigh all crab harvested and processed at sea. Because of the smaller amounts of catch and the need to prevent damage to the crab, these catcher/processors use motion-compensated hopper scales that weigh approximately fifty pounds of crab in each batch. The catcher/processor must provide a motion-compensated platform scale for the observer’s use. The regulations requiring the use of at-sea scales can be found at § 680.23(e)(1).
The owner of a catcher/processor or mothership must use an at-sea scale from the list of scales approved by NMFS for weighing catch at sea. To be added to this list, the scale must have completed type evaluation and testing.
Type evaluation and testing must be conducted by a laboratory accredited by the government of the country in which the tests are conducted. Before NMFS can approve a model of scale for use, the manufacturer must submit the scale to a certified laboratory for evaluation and testing to ensure that the scale meets scale standards. Scales must meet the performance and technical requirements specified in Appendix A to 50 CFR part 679.
A scale manufacturer may request that NMFS approve a custom built automatic hopper scale under the following conditions: the scale electronics are the same as those used in other scales on the list displayed on the NMFS Alaska Region website; the load cells have received Certificates of Conformance from National Type Evaluation Program (NTEP) or International Organization of Legal Metrology Certificates of Conformance (OIML); the scale compensates for motion in the same manner as other scales made by that manufacturer on the list displayed on the NMFS Alaska Region website; and the scale meets all the requirements in section 3 of Appendix A to 50 CFR part 679, except section 3.2.1.1.
NMFS received no requests for scale evaluation in the past three years. A scale type evaluation is only triggered if someone wants a new type of scale approved for use at sea. Currently there is one manufacturer with approved scales and one manufacturer that has discussed getting an undefined scale approved. Because details are not available on these scales, the estimate of costs is provided based on previous scale type evaluations. The number of hours required to document a scale’s characteristics varies, depending on the type of scale and the similarity to models that have already been approved. For purposes of this analysis, one response is used in the tables in Q12 and Q13.
No form exists for this evaluation; however, descriptions of the required data elements are provided at § 679.28(b)(1). Evaluation information provided to NMFS by the scale manufacturers identifies and describes the scale, provides contact information for the manufacturer, information about the laboratory where the scale was tested, and provides the results of required scale type evaluations and testing. This information is collected once for each scale type or model. NMFS staff uses this information to determine if a model of scale meets the requirements for approval.
Installation and Maintenance
This is required when new or replacement vessels enter a fishery that requires an at-sea scale.
The need and use for at-sea scales is described in the introduction to this question. The purchase, installation, and crew training of a new scale is estimated to cost between $115,300 and $458,800 (median $287,050) and depends on the needs to adjust the factory. No vessels are expected to install a new motion-compensated at-sea scale in the near future. The tables in Q12 and Q13 provide information on maintenance only. Annual maintenance of the at-sea scales generally occurs before the annual scale inspection and is completed in order to ensure that the scale is in working order prior to the beginning of the fishing year. No form exists for installation or maintenance of at-sea scales.
Change due to the rule: The rule (RIN 0648-BL69) adds regulatory requirements for a voluntary monitoring option at § 679.101(c)(3) to authorize a motion-compensated, NMFS-certified scale, such as a flow or hopper scale, to measure total catch of Pacific cod, in conjunction with a motion compensated platform scale for testing, electronic logbook (OMB Control No. 0648-0515), and video monitoring. Use of a NMFS-approved scale to measure total catch of Pacific cod will simplify observer data collection of Pacific cod total haul weights on pot catcher/processors and improve precision of catch estimates. Vessels choosing this option will be required to maintain the scales within the scale requirements at § 679.28(b) to ensure data quality. If a vessel chooses this option, the analysis prepared for this rule estimates the purchase and installation of a flow scale to range from $65,000 to $76,000.1 A motion compensated platform scale is estimated to cost between $7,000 and $10,000, and some vessels may additionally acquire a second backup scale, or spare parts costing between $5,000 and $6,000.2 Firms will also incur ongoing annual costs for scale maintenance. At this time, NMFS does not expect any vessels to install scales due to this rule. NMFS expects only one vessel to choose this voluntary option. This vessel already has the scales installed due to its participation in another fishery and should not incur any additional costs because of the rule. As this vessel was already included in the annual respondents, responses, and burden in the tables in questions #12 and #13 below, no changes to the respondents, responses, or burden for installation or maintenance of at-sea scales was needed due to this rule.
#3. Installation and Maintenance of Video Monitoring Systems [Revised to include the video monitoring requirement for the voluntary scales option for BSAI pot catcher/processors]
Video monitoring systems are used for compliance with regulatory requirements. Video monitoring systems exist under several regulatory programs: an Amendment 80 vessel or a vessel fishing under the Central GOA Rockfish Program (§ 679.28(i)) chooses the video monitoring or bin monitoring option; BSAI freezer longliners (§ 679.28(k)); an Amendment 80 vessel that sorts Pacific halibut bycatch on deck (§ 679.28(l)); AFA catcher/processors to monitor salmon sorting (§ 679.28(j)); and any vessel that is required to use a motion-compensated flow scale (§ 679.28(b)(8)). These systems consist of cameras and a digital video recorder (dvr) to record and retain video data. Many vessels have several video monitoring systems, and one camera may cover the requirements for several programs. More information about the needs and uses of the various video monitoring systems is described in #15 below.
No new video monitoring systems are expected to be installed during this three-year renewal period.
Installation of video monitoring systems is estimated at 12 hours. Previous cost estimates to install a video monitoring system ranged between $7,000 (for a two-camera system with minimal installation costs) and $36,000 (for a five-camera system with high installation fees). The cost estimates of a video monitoring system for halibut deck sorting were reported from $10,000 to $16,000 for equipment and installation depending on the complexity of the system and the number of cameras on the system.
Annual maintenance costs are estimated to cost between $1,000 and $4,000. These costs include any ongoing operation costs as well as any service conducted prior to the annual inspection of these video monitoring systems to ensure the system is functioning properly prior to the beginning of the fishing year.
No form exists for installation or maintenance of video monitoring systems.
Change due to the rule: The rule (RIN 0648-BL69) adds regulatory requirements for a voluntary monitoring option at § 679.101(c)(3) to authorize BSAI pot catcher/processors to use a motion-compensated, NMFS-certified scale to measure total catch of Pacific cod, in conjunction with a motion compensated platform scale for testing, electronic logbook (OMB Control No. 0648-0515), and video monitoring. Vessels that choose this option must comply with video monitoring requirements described at § 679.28(k). Video monitoring is necessary to monitor the flow of catch and ensure that no scale tampering has occurred. If a vessel were to install a video monitoring system, the analysis prepared for this rule estimates it would range between $7,000 (for a two-camera system with minimal installation costs) and $36,000 (for a five-camera system with high installation fees).3 At this time, NMFS does not expect any vessels to install a video monitoring system due to this rule. NMFS expects only one vessel to choose this voluntary option. This vessel already has the video monitoring system installed due to its participation in another fishery and should not incur any additional costs because of the rule. As this vessel was already included in the annual respondents, responses, and burden in the tables in questions #12 and #13 below, no changes to the respondents, responses, or burden for installation or maintenance of video monitoring systems was needed due to this rule.
#4. Installation and Maintenance of Observer Sampling Stations [Revised to include the voluntary monitoring option for an observer sampling station option]
Observer sampling stations are a key component to the At-Sea Scales Program as they improve an observer’s ability to collect quality samples based on weights obtained from at-sea scales. These stations provide a location where observers can work safely and effectively. The sampling stations include a table, a motion-compensated platform scale, slip-proof grating, adequate lighting, and access to fresh- or saltwater. These requirements can be found at § 679.28(d). Observer sampling station installations in the factory are estimated to cost from $30,000 to $100,000 depending on the amount of modifications to the vessel factory that are required. Costs include the physical installation, engineering design work, the purchase of a scale, materials for construction, and the actual costs of installation and of modifications necessary to provide room for the observer station and the motion compensated scales in the factory.
In 2019, NMFS implemented catch handling and monitoring requirements to allow Pacific halibut bycatch to be sorted on the deck of trawl catcher/processors and motherships participating in the non-pollock groundfish fisheries off Alaska (84 FR 55044, October 15, 2019). The rule added regulations at § 679.28(d) that require installation and maintenance of a second observer sampling station on the deck of vessels that participate in halibut deck sorting. This station is necessary for accurate catch accounting of deck sorted halibut. This station provides a location on deck where the observer can work safely and effectively when performing their duties associated with halibut deck sorting. Installation of an on-deck observer sampling station costs about $16,000 and requires approximately 12 hours to install, depending on the amount of modifications to the vessel deck that are required. There are currently 21 vessels participating in this program.
No factory observer sampling stations or deck observer stations are expected to be installed during this three-year renewal period.
Annual maintenance of observer sampling stations both in the factory and on deck is expected to be minimal and will likely be done with other modifications initiated by the vessel to improve processing efficiency.
No form exists for installation or maintenance of the observer sampling stations.
Change due to the rule: The rule (RIN 0648-BL69) adds regulatory requirements for a voluntary monitoring option at § 679.101(c)(1) for BSAI pot catcher/processors to provide an observer sampling station meeting the requirements at § 679.28(d), unless otherwise approved by NMFS, for the observer’s use in the factory. The sampling station includes a working area of 4.5 square meters, a work table, and a NMFS-approved motion compensated platform scale. This will provide an organized work space and higher precision equipment for the observer’s use that will improve observer data collection. If a vessel were to install an observer sampling station, the analysis prepared for this rule estimated the total installation costs would likely fall between $30,000 and $100,000.4 Costs include the physical installation, engineering design work, the purchase of a scale, and materials for construction, and the actual costs of installation and of modifications necessary to provide room for the observer station and the motion compensated scales in the factory. The largest cost may arise from the fabrication of the workstation, which may vary considerably from vessel to vessel. At this time, NMFS does not expect any vessels to install an observer sampling station due to this rule. NMFS expects only one vessel to choose this voluntary option. This vessel already has a NMFS-certified observer sampling station with a motion compensated platform scale installed due to its participation in another fishery and should not incur any additional costs because of the rule. As this vessel was already included in the annual respondents, responses, and burden in the tables in questions #12 and #13 below, no changes to the respondents, responses, or burden for installation or maintenance of observer sampling stations was needed due to this rule.
#5. Inspection Request Form (Observer Sampling Station, Video, Bin Monitoring and At-Sea Scales)
Each scale must be inspected and approved annually before the vessel may participate in any fishery requiring the weighing of catch at sea with an approved scale. A scale inspection is a visual assessment and test of a scale after it is installed on the vessel, while the vessel is tied up at a dock. The regulations requiring an inspection of at-sea scales can be found at § 679.28(b)(2) and § 680.23(e).
Each observer sampling station must be inspected and approved by NMFS prior to its use for the first time and then one time each year within 12 months of the date of the most recent inspection. In addition, if the observer sampling station is moved or if the space or equipment available to the observer is reduced or removed when use of the observer sampling station is required, the observer sampling station must be re-inspected and approved by NMFS. The observer sampling station inspection confirms that the station meets all specifications for size, location, and content. The requirement for observer sampling station inspections can be found at § 679.28(d).
Each video monitoring system must be inspected and approved annually by NMFS before a vessel may participate in any fishery requiring the use of a video monitoring system. Any change to the video monitoring system that would affect the system's functionality must be submitted on an inspection request and approved by NMFS. The video monitoring system inspection consists of verification that the camera views show the required elements and the system is able to record the required amount of data. The requirements for video monitoring can be found at § 679.28(e).
Inspection requests for observer sampling station, at-sea scales, and video monitoring all require similar information to be obtained, and the inspections are often conducted at the same time. In order to improve efficiency and reduce the burden to the public, one form is used to request these inspections.
The information provided on the form identifies the vessel, location of the vessel, and contact information for the owner or operator; the requested inspection date; the type of system to inspect; for at-sea scales and video monitoring, the name of the installation company and if they will be onsite for the inspection; and includes diagrams for the system to be inspected.
The owner or operator must submit an Inspection Request Form within 10 working days of date of the desired inspection to NMFS by email, fax, or online. This request form is available on the Catch Weighing and Monitoring in Alaska page on the NMFS Alaska Region Web site.
Daily Scale Tests
To verify that the scale is weighing accurately at sea and meets the Maximum Permissible Errors, the vessel operator must test each scale or scale system used by the vessel to weigh catch at least one time during each calendar day. No more than 24 hours may elapse between tests when use of the scale is required. The vessel owner must ensure that these tests are performed in an accurate and timely manner. The at-sea scale tests are conducted daily.
Each vessel operator must notify the observer at least 15 minutes before the time that a scale test will be conducted and must conduct the test while the observer is present. No form exists for this notice; vessel personnel verbally inform the observer that a scale test is scheduled. Flow scale inspection notification requirements can be found at § 679.28(b)(3)(iii)(A). Hopper scale inspection notification requirements can be found § 680.23(e)(1)(v)(A).
The Record of Daily Flow Scale Test form is used to record the daily material test that must be conducted by weighing no less than 400 kg of test material, supplied by the scale manufacturer or approved by a NMFS-authorized scale inspector, on the scale being tested. The scale test is conducted by placing the test material or test weights on or across the scale multiple times in order to total 400 kg; however, no single batch of test material may weigh less than 40 kg. The known weight of the test material must be determined at the time of each scale test by weighing it on a platform scale approved for use.
The vessel operator must report the information from all scale tests, including failed tests. Additional recordkeeping is required when multiple tests occur. The reporting of failed tests results in less bias in overall test results and improves NMFS’ ability to monitor scale results. In addition, this results in better consistency in reporting through time.
Information provided on this form includes the vessel name; signature of vessel operator; date and time of test; information on the number and weight of sandbags, and the time each bag goes across the scale; error information; name of person conducting the test; and the observer cruise number. The Record of Daily Flow Scale Test form is available on the Catch Weighing and Monitoring in Alaska page on the NMFS Alaska Region Web site.
The regulations describing the requirements for the daily flow scale test can be found at § 679.28(b)(3)(iii).
The Record of Daily Automatic Hopper Scale Tests form is used for the scale test that must be conducted once every 24 hours when the hopper scale is being used to weigh crab at sea. If the scale fails the daily test, it may be re-tested at any time; however, it may not be used to weigh crab until it passes the daily test. The scale is tested by placing known weights of 25 lb and 50 lb in the center of the scale and recording the result.
Information provided on this form includes the vessel name; signature of vessel operator; date and time of test; minimum and maximum capacity of the scale; error information; and sea conditions at the time of the test. The Record of Daily Automatic Hopper Scale Tests form is available on Catch Weighing and Monitoring in Alaska page on the NMFS Alaska Region Web site.
The regulations describing the requirements for the daily automatic hopper scale test can be found at § 680.23(e)(1)(v).
The printed outputs from the flow scale are used by NMFS staff, observers, and NOAA Office of Law Enforcement (OLE) personnel to maintain accurate records of catch and to ensure compliance with quotas. These forms may be used in investigations of scale tampering. NMFS requires four printed reports: 1) the printed report of catch weight and cumulative weight, 2) the printed report of the audit trail, 3) the printed report from the calibration log, and 4) the printed report from the fault log.
All of these reports must be in electronic format that cannot be changed or erased by the vessel operator and can only be cleared by NMFS or other NMFS authorized personnel.
NMFS requires vessels to maintain copies of these reports aboard the vessel and reviews the data at the time of the annual scale inspection. These reports must also be available to NOAA OLE when scale tampering is suspected.
The regulations detailing the requirements for the printed reports from the flow scale are at § 679.28(b)(5).
#9. Printed Report of Catch Weight and Cumulative Weight.
The printed report of catch weight and cumulative weight records the weight of each haul as well as the total weight accrued on the scale since the last annual scale inspection. The vessel operator must print the catch weight and cumulative weight daily when the flow scale is in use. This report also includes the vessel name and FFP or FPP number and the date and time the information is printed.
#10. Printed Report, Audit Trail
The audit trail records the metrological adjustments to the scale. An audit trail can only be cleared by NMFS or other authorized personnel. This report must be printed on request by NMFS staff or NMFS authorized personnel and must also be printed and retained by the vessel owner before any information stored in the scale computer memory is replaced.
This report also includes the vessel name and FFP or FPP number, the haul or set number, the date and time the adjustments were made, name or type of adjustment made, and the initial and final parameters being changed.
#11. Printed Report from the Calibration Log
The scale calibration log records the magnitude and direction of a calibration relative to the previous calibration as well as the date and time a calibration occurred. This report must be printed on request by NMFS staff or NMFS authorized personnel and must also be printed and retained by the vessel owner before any information stored in the scale computer memory is replaced. This report also includes the vessel name, FFP or FPP number, the haul or set number, and the weight used for calibration.
#12. Printed Report from the Fault Log
A fault, for the purposes of the fault log, is any condition detected by the scale electronics that could affect the metrological accuracy of the scale. This report must be printed on request by NMFS staff or NMFS authorized personnel and must also be printed and retained by the vessel owner before any information stored in the scale computer memory is replaced. This report includes the vessel name and FFP or FPP number; and the date and time of each startup, the date and time each fault began, and the date and time each fault was resolved.
The hopper scale must produce a complete and accurate printed report of the weight of each species in a landing. All of the crab in a delivery must be weighed on a scale capable of producing a complete printed report. The printed reports must be provided in an electronic form that cannot be changed or erased by the scale operator, can be printed at any time, and can only be cleared by the scale manufacturer’s representative upon direction by NMFS or by an authorized scale inspector. These reports must be printed on request by NMFS staff or NMFS authorized personnel and must also be printed and retained by the vessel owner before any information stored in the scale computer memory is replaced. These reports must also be available to NOAA OLE when scale tampering is suspected.
The requirements detailing the components of both the printed report for catch weight and the audit trail are at § 680.23(e)(3).
#13. Printed Report for Catch Weight
A printed report for catch weight of each landing must be printed before the registered crab receiver submits a CR Program crab landing report (see OMB collection number 0648-0515). These printed reports must be printed at least once every 24 hours prior to submitting a CR crab landing report as described in § 680.5. This report includes the vessel name and Federal crab vessel permit number, weight of each load in the weighing cycle, date and time the information was printed, total amount weighed since the last printout was made, and the total cumulative weight of all crab or other material weighed on the scale.
#14. Printed Report, Audit Trail
An audit trail in the form of an event logger must be provided to document changes made using adjustable components. NMFS requires the vessel operator to maintain the audit trail aboard the vessels and reviews the data at the time of the annual scale inspection. This report includes the vessel name and FFP or FPP number, haul or set number, date and time the adjustment was made, name or type of adjustment made, and the initial and final values of the parameter being changed.
#15. Video Monitoring Data Submission [Revised heading to clarify this is for submission of video data from the video monitoring system and not installation and maintenance of the video monitoring system]
Video monitoring is used as a compliance tool in several fisheries managed by the Alaska Region. Video monitoring systems may be used in several different fisheries in which the vessel participates. The video monitoring system does not need to be unique for each of the fisheries, and a vessel owner may use one system to meet the requirements for several fisheries.
NMFS does not specify the number of cameras, rather describes performance standards that each program must meet. The vessel owner may decide the number of cameras needed to meet those performance standards.
The video data must be maintained by the vessel operator and made available to NMFS staff or any NMFS authorized individuals on request. NMFS staff or any NMFS authorized individuals must be able to view any footage from any point in the trip using a color monitor that can display all cameras simultaneously and must be assisted by crew knowledgeable in the operation of the system. The video data must be retained aboard the vessel for no less than 120 days after the date the video is recorded, unless NMFS has notified the vessel operator that the video data may be retained for less than 120 days. After 120 days, the video data may be overwritten. Section 679.28(e) describes these requirements.
No form exists for this submission. Video data is requested when NOAA OLE suspects a potential violation or when the NMFS inspection staff requests one hour of video from each vessel to verify camera placements and views remain unobstructed and function as intended. Additionally, NMFS reviews video from the last 120 days during the annual inspection. The time it takes to download one hour of the video data varies depending on the amount of data to be downloaded, the number of cameras on the system, and the operating system used. The average time to download the video data and provide it to NMFS is estimated at 2 hours. The vessel operator may also need to provide a USB drive to NMFS to record the video data. NOAA OLE requests for video data are potentially much larger and, because of chain of custody requirements, NOAA OLE officers or agents download the data on a government furnished hard drive and do not require action by the vessel operator.
The performance standards for each type of video monitoring system are described below.
Flow Scale Monitoring
Catcher/processors and motherships required to use at-sea flow scales must also provide and maintain a NMFS-approved video monitoring system. The system must provide sufficient resolution and field of view to monitor all areas where catch enter the scale, move across the scale, and leave the scale; any access point to the scale from which the scale may be adjusted or modified by vessel crew; and the scale display and the indicator for the scale operating in fault mode. The system must also record and retain video for all periods when catch that must be weighed is on board the vessel. The vessel owner must also provide a color monitor in the observer station at eye level that can display all cameras simultaneously. The purpose of this collection is to ensure that no scale tampering occurs and that all catch required goes over the at sea scale. Section 679.28(b)(8) describes these requirements.
Chinook Salmon Bycatch Monitoring
Catcher/processors and motherships participating in Bering Sea pollock fisheries, including pollock CDQ, are required to use video to monitor the sorting and retention of salmon. The system must provide sufficient resolution and field of view to monitor all areas where salmon are sorted from the catch, all crew actions in these areas, and salmon in the salmon storage container. The system must also record and retain video for all periods when fish are flowing past the sorting area or salmon are in the storage container. The vessel owner must also provide a color monitor in the observer station at eye level that can display all cameras simultaneously. The purpose of these collection is to ensure all salmon caught by a vessel are accounted for by the fishery observer aboard the vessel. §679.28(j) describes these requirements.
BSAI Freezer Longliners
Catcher/processor longliners participating in the BSAI Pacific cod fishery are required to use video to monitor the sorting and weighing of Pacific cod. The system must provide sufficient resolution and field of view to monitor all areas where Pacific cod are sorted from the catch, all fish passing over the flow scale, and all crew actions in these areas. The system must also record and retain video for all periods when Pacific cod are being sorted and weighed. The purpose of this collection is to ensure that all Pacific cod are weighed and that only Pacific cod are weighed on the at-sea scale. Section 679.28(k) describes these requirements.
Deck Video Monitoring
In order to allow Pacific halibut bycatch to be sorted on the deck of trawl catcher/processors and motherships participating in the non-pollock groundfish fisheries off Alaska, NMFS implemented catch handling and monitoring requirements to record and retain video for the entire trip where halibut deck sorting may occur and to maintain full video coverage of all areas where halibut may be sorted from the catch and/or discarded on deck. The regulations are described at § 679.28(l). These video monitoring requirements are needed to ensure that all halibut collected from an individual haul can be tracked and accounted for once on the vessel. There are currently 21 vessels participating in this program.
Video Option for Bin Monitoring
Catcher/processors and motherships participating in the Amendment 80 fishery or the Central GOA Rockfish Program must select one of two monitoring options: 1) no crew in the bin, or 2) video monitoring option. The no-crew-in-the-bin option does not require NMFS approval, and the vessel owner is not required to submit anything to NMFS to use this option. If a vessel operator selects the video monitoring option, they must complete the video monitoring inspection request and select the bin monitoring option. These options are required because crew frequently enter the bins to assist fish movement, and past enforcement cases have highlighted this activity as a source of significant biasing of observer data. The video monitoring option ensures that if crew do enter the bin, fishery observers are able to see the activities of the crew to verify no biasing of the data to be collected. Section 679.28(i) describes these requirements.
Owners of longline catcher/processors that participate in BSAI Pacific cod fisheries may annually opt out of the fisheries subject to the increased monitoring requirements. If owners of longline catcher/processors that participate in BSAI Pacific cod fisheries do not opt out, the owner must select between two monitoring options: increased observer coverage or scales. The selected option may not be changed during the calendar year. Once a vessel owner selects an option, the vessel is required to operate under that option until the owner notifies NMFS of a change in the selected option. The purpose of this collection is to ensure that NMFS is using the correct data sources for debiting catch for quota accounting.
The requirements for notification of opting out and selecting a monitoring option can be found at § 679.100(a) and § 679.100(b). The notification form is available on the Catch Weighing and Monitoring in Alaska page on the NMFS Alaska Region Web site.
Shoreside processors have similar monitoring, management, and enforcement concerns as their at-sea counterparts in several catch share programs. However, shoreside processors greatly vary in layout, processing capacity, and organization. Therefore, the prescriptive requirements established for the at-sea contingent are not appropriate or efficient. To meet the monitoring, management, and enforcement concerns, NMFS established a set of performance-based standards to allow the shoreside processors to describe how they will meet the standards while allowing flexibility for individual operations. CMCPs and CMPs detail how the shoreside processor will ensure that all delivered catch can be effectively monitored by NMFS-authorized personnel, that NMFS-authorized personnel can effectively conduct their monitoring duties, and that all catch is accurately sorted and weighed by species. The purpose of these collections is to ensure precise, verifiable, and defensible accounting of quota harvested.
The State of Alaska is responsible for approving scales used for trade by inshore processors and has developed an effective program for their inspection and approval; therefore, NMFS does not need to develop a separate testing and approval program.
Currently three programs, totaling 22 shoreside processors, require CMCPs or CMPs; however, this number changes slightly by year. For purposes of this analysis, 22 processors are used in the tables in Q12 and Q13.
Table 2. Programs requiring shoreside/floating processor catch monitoring systems.
Fishery |
Number of Processors |
American Fisheries Act |
7 |
Central GOA Rockfish Program |
6 |
CR Program |
9 |
TOTAL |
22 |
A CMCP is a plan submitted by the owner or manager of each shoreside processor or stationary floating processor (SFP) and approved by NMFS, detailing how the processing plant will meet the catch monitoring and control standards detailed in § 679.28(g)(7). NMFS will approve a CMCP for one year if it meets all the performance standards. The CMCP must be maintained on the premises and made available to authorized officers or NMFS-authorized personnel upon request.
#17. CMCP Annual Submission
The owner or manager of a shoreside processor or SFP receiving fish harvested in the following fisheries must prepare, submit, and have approved a CMCP prior to the receipt of fish harvested in these fisheries:
AFA pollock
Aleutian Islands directed pollock
Central GOA Rockfish Program.
There is no form for the CMCP annual submission. The components that must be in a CMCP are at §§ 679.28(g)(4) and 679.28(g)(7). These components include the name and contact information of the person submitting the CMCP; a description of the catch sorting location, number of staff, and rate of flow; scale identification information; scale testing plan; printed record; request for exemption from printed record; description of the delivery point; an observation area; an observer work station; description of communication equipment used to facilitate communications between the plant personnel and the observer; scale drawing of the plant showing locations in the CMCP; and for processors receiving deliveries from vessels fishing in the Rockfish Program, a description of how the CMCP specialist will be notified of deliveries.
The processor must be inspected by NMFS prior to approval of the CMCP to ensure that the processor conforms to the elements addressed in the CMCP. The owner or manager may arrange for a CMCP inspection by submitting a completed CMCP to NMFS within 10 working days of the requested inspection.
An owner or manager of a shoreside processor or SFP must notify NMFS in writing if changes are made in plant operations or layout that does not conform to the CMCP. An owner or manager may change an approved CMCP by submitting a CMCP addendum to NMFS describing the changes to the CMCP. NMFS will approve the modified CMCP if it continues to meet the performance standards. Not all owners or managers of a shoreside processor will request a change to the CMCP. No form exists for this submission. The instructions to change the CMCP are at § 679.28(g)(6).
A scale identified in a CMCP must produce a printed record for each delivery, or portion of a delivery, weighed on that scale. All the groundfish in a delivery must be weighed on a scale capable of producing a complete printed record. Printouts must be retained and made available to NMFS-authorized personnel including observers. NMFS may exempt scales not designed for automatic bulk weighing from some or all of the printed record requirements if the CMCP identifies any scale that cannot produce a complete printed record, states how the processor will use the scale, and states how the processor intends to produce a complete record of the total weight of each delivery. The items that must be in the printed record and reported are at § 679.28(c)(3). These include the processor name, weight of each load, the total weight for the delivery and the cumulative weight since the last inspection, date and time the record is printed, and vessel information.
The plant manager or plant liaison must notify the observer of the offloading schedule for each delivery of Bering Sea pollock or pollock CDQ by a catcher vessel at least 1 hour prior to offloading. The regulations requiring this notification can be found at § 679.63(d)(2). The purpose of this notification is to ensure the observer is available to monitor the offload of the catch and account for the salmon in the delivery. No form exists for this notice. This notice consists of plant personnel verbally informing the observer that a pollock delivery is scheduled.
A CMP is a plan submitted by a shoreside processor or SFP authorized to receive deliveries of CR Program crab that details how the processors will meet the catch monitoring standards detailed in § 680.23(g)(5). NMFS will approve a CMP for one year if it meets all the performance standards. The CMP must be maintained on the premises and made available to authorized officers or NMFS-authorized personnel upon request.
#21. CMP Annual Submission
The CMP must be approved before the processor receives any CR Program crab deliveries. The CMP template is available on the Catch Weighing and Monitoring in Alaska page on the NMFS Alaska Region Web site. The components include the name and contact information of the person submitting the CMP; description of how and where crab will be sorted and weighed; scale identification information and testing procedures; printed record; designated observation area; designated plant liaison; and scale drawing of delivery location;
The processor must be inspected by NMFS prior to approval of the CMP to ensure that the processor conforms to the elements addressed in the CMP. The owner or manager arranges for a CMP inspection by submitting a completed CMP to NMFS within 10 working days of the requested inspection.
An owner or manager of a shoreside or floating processor may change an approved CMP by submitting a CMP addendum to NMFS. Depending on the nature and magnitude of the change requested, NMFS may require a CMP inspection. NMFS will approve the CMP addendum if it continues to meet the performance standards. The method to request a CMP addendum is at § 680.23(g)(4). The information submitted consists of the submitter’s name and contact information and a description of the proposed change to the CMP. There is no form for the CMCP annual submission.
A scale used to weigh any portion of a landing of CR Program crab must produce a printed record for each landing, or portion of a landing, weighed on that scale. Printouts must be retained and made available to NMFS-authorized personnel. The elements that must be included in the printed record are at § 680.23(f)(3). These elements consist of the processor name, weight information, date and time the record was printed, and vessel identification information.
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.
Installation and maintenance of the scales, sampling station, and video monitoring systems, and notifying observer of tests and pollock or pollock CDQ delivery do not require submission of a form. Electronic submission is not possible for these collections. The Record of Daily Automatic Hopper Scale Tests does not have an electronic submission, but the form is available on the NMFS Alaska Region website.
The following table represents the use of automated, electronic, and other technology used in this collection.
Table 3. Collection by Automated, Electronic, or Other Technology.
Description |
Paper/fax or email |
Electronic Submission |
Automatic |
Other Technology |
Scale Type Evaluation |
♦ |
|
|
|
Inspection Requests |
♦ |
♦ |
|
|
Daily Scale Tests |
|
|
|
|
Record of Flow Scale Test |
|
♦ |
|
|
Printed Report - Flow Scale |
|
|
|
|
Catch & Cumulative Weight |
|
|
♦ |
|
Audit Trail |
|
|
♦ |
|
Calibration Log |
|
|
♦ |
|
Fault Log |
|
|
♦ |
|
Printed Report - Hopper Scale |
|
|
|
|
Catch Weight |
|
|
♦ |
|
Audit Trail |
|
|
♦ |
|
Video Monitoring |
|
|
|
♦ |
Notification of Pacific Cod Monitoring Option |
♦ |
|
|
|
CMCP |
|
|
|
|
Annual Submission |
♦ |
|
|
|
CMCP Addendum |
♦ |
|
|
|
Printed Report from Scale |
|
|
♦ |
|
CMP |
|
|
|
|
Annual Submission |
♦ |
|
|
|
CMP Addendum |
♦ |
|
|
|
Printed Record from Scale |
|
|
♦ |
|
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
None of the information collected as part of this information collection duplicates other 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.
If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.
None of the firms affected by these information collection requirements are small entities for the purpose of the Regulatory Flexibility Act. NMFS attempts to minimize the burden of this collection on all respondents.
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.
This collection is necessary to provide precise and verifiable estimates of total catch and bycatch by species for NMFS management of catch share allocated species amounts. Without the Catcher/Processors Catch Weighing and Monitoring Systems and the Shoreside and Floating Processor Catch Monitoring Systems, NMFS would be unable to effectively manage catch share programs or be able to detect tampering or other fraudulent activities. Collecting this information less frequently would create gaps in the data available for catch share program management and lessen the veracity of enforcement actions.
Explain any special circumstances that would cause an information collection to be conducted in a manner inconsistent with OMB guidelines.
Some collections may require a respondent to report information to the agency more often than quarterly. Daily scale tests and printed reports must be recorded within the required time while the vessel is at sea, which could result in information being submitted more often than quarterly. NMFS uses this information to verify the scales are accurate, to maintain accurate records of catch, and to ensure compliance with quotas in order to monitor and manage the fisheries.
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 proposed rule (RIN 0648-BL69) soliciting public comments published on July 6, 2023 (88 FR 43072). The comment period ended on August 7, 2023. In addition to publishing the proposed rule, 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 from the proposed rule that specifically addressed this information collection. However, one comment was received on the rule. The commenter stated this action is needed to address known catch accounting issues in the fishery and strongly support these changes.
Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
No payment or gift is provided under this program.
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).
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 information collection does not involve information of a sensitive nature.
Provide estimates of the hour burden of the collection of information.
NMFS expects only two catcher/processors will choose one of the voluntary monitoring options added by the rule (RIN 0648-BL69). Both vessels already have all the equipment installed and comply with the monitoring and testing requirements because of their participation in another fishery. As these two vessels were already included in the annual respondents, responses, and burden in the table below, no changes were made to these numbers because of this rule.
The table below depicts the annual estimate of burden hours and labor costs for this collection of information. The hourly wage rate has been updated to use the most current U. S. Bureau of Labor Statistics (BLS) hourly wage rate available (May 2022). The hourly wage rate estimate of $22.52 is the BLS mean hourly wage for Alaska for Occupation Code 45-0000 (Farming, Fishing, and Forestry Occupations; https://www.bls.gov/oes/current/oes_ak.htm#:~:text=1.5%25-,45%2D0000,5.7%25,-45%2D1011).
Table 4. Total Annual Burden Hours and Labor Costs for Respondents.
|
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) |
1 |
Scale Type Evaluation |
Owner/Manager |
1 |
1 |
1 |
50 Hours |
50 |
22.52 |
1,126 |
|
Installation and Maintenance |
|
|
|
|
|
|
|
|
2 |
At-Sea Scales (maintenance only) |
|
65 |
1 |
65 |
1 Minute |
1 |
22.52 |
23 |
3 |
Video Monitoring System (installation) |
|
0 |
0 |
0 |
12 hours |
0 |
22.52 |
0 |
|
Video Monitoring System (maintenance) |
Vessel Operator |
62 |
1 |
62 |
1 Minute |
1 |
22.52 |
23 |
4 |
Observer Sampling Station (installation) |
|
0 |
0 |
0 |
12 hours |
0 |
22.52 |
0 |
|
Observer Sampling Station (maintenance) |
|
65 |
1 |
65 |
1 minute |
1 |
22.52 |
23 |
5 |
Inspection Request Form (Observer Sampling Station, Video, Bin Monitoring and At-Sea Scales) |
Vessel Operator |
65 |
1 |
65 |
10 Minutes |
11 |
22.52 |
248 |
|
Daily Scale Tests |
Vessel Operator
|
|
|
|
|
|
|
|
6 |
Observer Notification |
62 |
200 |
12,400 |
2 Minutes |
413 |
22.52 |
9,301 |
|
7 |
Record of Daily Flow Scale Tests |
62 |
250 |
15,500 |
10 Minutes |
2,583 |
22.52 |
58,169 |
|
8 |
Record of Daily Hopper Scale Tests |
3 |
135 |
405 |
10 Minutes |
68 |
22.52 |
1,531 |
|
|
Printed Reports - Flow Scale |
Vessel Operator
|
|
|
|
|
|
|
|
9 |
Catch & Cumulative Weight |
65 |
200 |
13,000 |
1 Minute |
217 |
22.52 |
4,887 |
|
10 |
Audit Trail |
65 |
1 |
65 |
1 Minute |
1 |
22.52 |
23 |
|
11 |
Calibration Log |
65 |
1 |
65 |
1 Minute |
1 |
22.52 |
23 |
|
12 |
Fault Log |
65 |
1 |
65 |
1 Minute |
1 |
22.52 |
23 |
|
|
Printed Reports - Hopper Scale |
|
|
|
|
|
|
|
|
13 |
Catch Weight |
Vessel Operator |
3 |
135 |
405 |
1 Minute |
7 |
22.52 |
158 |
14 |
Audit Trail |
|
3 |
1 |
3 |
1 Minute |
1 |
22.52 |
23 |
15 |
Video Monitoring Data Submission |
Vessel Operator |
65 |
1 |
65 |
2 hours |
130 |
22.52 |
2,928 |
16 |
Notification of Pacific Cod Monitoring Option |
Vessel Operator |
1 |
1 |
1 |
10 Minutes |
1 |
22.52 |
23 |
|
CMCP |
Plant Manager
|
|
|
|
|
|
|
|
17 |
Annual Submission |
12 |
1 |
12 |
40 Hours |
480 |
22.52 |
10,810 |
|
18 |
CMCP Addendum |
1 |
1 |
1 |
8 Hours |
8 |
22.52 |
180 |
|
19 |
Printed Record from Scale |
12 |
135 |
1,620 |
1 Minute |
27 |
22.52 |
608 |
|
20 |
Notify Observer |
7 |
135 |
945 |
1 Minute |
16 |
22.52 |
360 |
|
|
CMP |
Plant Manager
|
|
|
|
|
|
|
|
21 |
Annual Submission |
9 |
1 |
9 |
16 Hours |
144 |
22.52 |
3,243 |
|
21 |
CMP Addendum |
1 |
1 |
1 |
8 Hours |
8 |
22.52 |
180 |
|
23 |
Printed Record from Scale |
9 |
135 |
1,215 |
1 Minute |
20 |
22.52 |
450 |
|
|
Totals |
|
|
|
46,035 |
|
4,190 |
|
$94,363 |
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).
The table below depicts cost estimates associated with the respondent’s operations. The miscellaneous costs to respondents varies due to size and configurations of operations, specific fishery, and whether land based or on a vessel. Initial equipment purchase and annual maintenance requirements are the most expensive factors contributing to the cost burden to respondents.
Some respondents for the collection submit more than one type of information collection in this information collection review (ICR). Therefore, the number of unique respondents is used to show the estimated annual number of separate participants who are expected to submit information during the period for which this ICR is approved.
The total estimated number of unique respondents equals 83. This total is determined by tallying the currently active participants in each category: 2 scale manufacturers, 19 AFA catcher/processors, 16 Amendment 80 / Central GOA Rockfish Program catcher/processors, 22 BSAI longline catcher/processors, 2 CR Program catcher/processors, 7 AFA shoreside processors, 6 Central GOA Rockfish Program shoreside processors, and 9 CR Program shoreside processors. The actual response numbers correspond to the average number of fishing days per respondent and the number of responses received annually.
Table 5. Total Annual Miscellaneous Costs for Respondents
|
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) |
1 |
Scale Type Evaluation1 |
1 |
1 |
1 |
$12,025 |
$12,025 |
|
Installation and Maintenance |
|
|
|
|
|
2 |
At-Sea Scales2 (maintenance) |
65 |
1 |
65 |
$7,850 |
$510,250 |
3 |
Video Monitoring System (installation) |
0 |
0 |
0 |
0 |
0 |
|
Video Monitoring System3 (maintenance) |
62 |
1 |
62 |
$2,500 |
$155,000 |
4 |
Observer Sampling Station (installation) |
0 |
0 |
0 |
0 |
0 |
|
Observer Sampling Station4 (maintenance) |
65 |
1 |
65 |
0 |
0 |
5 |
Inspection Request Form (Observer Sampling Station, Video, Bin Monitoring and At-Sea Scales)5 |
65 |
1 |
65 |
$5 |
$325 |
|
Daily Scale Tests |
|
|
|
|
|
6 |
Observer Notification |
62 |
200 |
12,400 |
0 |
0 |
7 |
Record of Daily Flow Scale Tests |
62 |
250 |
15,500 |
0 |
0 |
8 |
Record of Daily Hopper Scale Tests |
3 |
135 |
405 |
0 |
0 |
|
Printed Reports - Flow Scale6 |
|
|
|
|
|
9 |
Catch & Cumulative Weight |
65 |
200 |
13,000 |
|
|
10 |
Audit Trail |
65 |
1 |
65 |
$63 |
$4,095 |
11 |
Calibration Log |
65 |
1 |
65 |
|
|
12 |
Fault Log |
65 |
1 |
65 |
|
|
|
Printed Reports - Hopper Scale6 |
|
|
|
$63 |
$189 |
13 |
Catch Weight |
3 |
135 |
405 |
||
14 |
Audit Trail |
3 |
1 |
3 |
||
15 |
Video Monitoring Data Submission 7 |
65 |
1 |
65 |
$15 |
$975 |
16 |
Notification of Pacific Cod Monitoring Option5 |
1 |
1 |
1 |
$10 |
$10 |
|
CMCP |
|
|
|
|
|
17 |
Annual Submission5 |
12 |
1 |
12 |
$10 |
$120 |
18 |
CMCP Addendum5 |
1 |
1 |
1 |
$10 |
$10 |
19 |
Printed Record from Scale6 |
12 |
135 |
1,620 |
$63 |
$756 |
20 |
Notify Observer |
7 |
135 |
945 |
0 |
0 |
|
CMP |
|
|
|
|
|
21 |
Annual Submission5 |
9 |
1 |
9 |
$10 |
$90 |
22 |
CMP Addendum5 |
1 |
1 |
1 |
$10 |
$10 |
23 |
Printed Record from Scale6 |
9 |
135 |
1,215 |
$63 |
$567 |
|
Totals |
83 unique respondents |
U |
46,035 |
|
$684,422 |
1 The laboratory tests costs include the actual evaluation ($12,000), supplies ($15), and operating costs ($10). |
||||||
2 The annual maintenance costs include replacing scale components and having the scale serviced by a qualified scale technician. Replacing scale components includes belts, load cells, sprockets, and scale control heads, as well as updating software. |
||||||
3 Annual maintenance costs for video monitoring systems already in place ($2,500) include replacing video system components and having the video system serviced by a qualified technician. Potential components that may need to be replaced include cameras, wiring, hard drives, software, and dvrs. |
||||||
4 Annual maintenance costs for observer sampling stations are minimal as any maintenance that would be done is part of the annual general maintenance aboard the entire vessel. |
||||||
5 Operating costs account for the typical inclusive general office services packages that include expenses such as email, fax, copying, mailing, printing, and internet. |
||||||
6 Costs for all printed reports combined as resources needed are the same, including paper ($50), binders ($3), and printer supplies ($10). |
||||||
7 USB drive to download video data ($15.00). |
||||||
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 Monitoring Branch of the Alaska Region Sustainable Fisheries Division is responsible for ensuring information collection is specific to the needs of data analysts and fisheries managers. There are two NOAA ZP-2 full time equivalent (FTE) positions that are 100 percent dedicated to ensuring information collection is timely, consistent, and accurate. There are two other FTE positions, one ZP-4 and one ZP-3, that dedicate an estimated 5 to 20 percent of their time to information collection requirements. Travel costs to meet requirements for inspection and testing of respondent equipment are provided. Additionally, costs associated with equipment and storage of NMFS equipment is provided in the table below. The grade and step are from the Department of Commerce Alternative Personnel System (CAPS) 2023 pay tables (https://www.commerce.gov/hr/practitioners/caps/pay-administration). The general schedule grade equivalent for CAPS is included in parentheses.
Table 6. Annualized Costs to Federal Government
Cost Descriptions |
Grade/Step |
Loaded Salary /Cost |
% of Effort |
Fringe (if Applicable) |
Total Cost to Government |
Federal Oversight |
ZP-4 step 31 (GS 13/14) |
$259,245 |
5% |
|
$12,962 |
Other Federal Positions |
ZP-3 step 32 (GS 11/12) |
$184,495 |
20% |
|
$36,899 |
|
ZP-2 step 33 (GS 7/10) |
$140,104 |
200% |
|
$280,208 |
Contractor Cost |
|
- |
- |
- |
- |
Travel 4 |
|
|
|
|
$41,500 |
Other Costs: 5 |
|
|
|
|
$2,250 |
TOTAL |
|
|
|
|
$373,819 |
For loaded salary, add 52% of salary— |
|||||
1 ZP-4 step 3 (2023 rate): $170,556 * 1.52 = $259,245 loaded salary. |
|||||
2 ZP-3 step 3 (2023 rate): $121,378 * 1.52 = $184,495 loaded salary. |
|||||
3 ZP-2 step 3 (2023 rate): $92,174 * 1.52 = $140,104 loaded salary. |
|||||
4 Estimated travel total for 2 inspectors. |
|||||
5 Equipment storage, weight certifications, security seals and related equipment |
|||||
Explain the reasons for any program changes or adjustments reported in ROCIS.
The final rule (RIN 0648-BL69) adds regulatory requirements for voluntary monitoring options for BSAI pot catcher/processors. NMFS expects two catcher/processors will choose a voluntary monitoring option that is being added by the rule. Both vessels already have the equipment installed and comply with the requirements because of their participation in other fisheries. Therefore, these vessels were already included in the number of respondents and responses and the burden for this collection, and no change to the numbers were made because of this rule (no program changes).
The tables below identify the adjustments made to this collection.
Table 7. Adjustments to the Respondents, Responses, and Burden Hours.
|
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 |
|||
1 |
Scale Type Evaluation |
1 |
1 |
1 |
1 |
50 |
50 |
No change |
|
Installation and Maintenance |
|
|
|
|
|
|
|
2 |
At-Sea Scales (maintenance only) |
65 |
65 |
65 |
65 |
1 |
1 |
No change |
3 |
Video Monitoring System (Installation) |
0 |
0.3 |
0 |
0.3 |
0 |
4 |
No new video monitoring systems are expected to be installed during the 3-year renewal period. |
|
Video Monitoring System (maintenance) |
62 |
62 |
62 |
62 |
1 |
1 |
No change |
4 |
Observer Sampling Station (installation) |
0 |
0.3 |
0 |
0.3 |
0 |
4 |
No observer sampling stations are expected to be installed during the 3-year renewal period. |
|
Observer Sampling Station (maintenance) |
65 |
65 |
65 |
65 |
1 |
1 |
No change |
5 |
Inspection Request Form (Observer Sampling Station, Video, Bin Monitoring and At-Sea Scales) |
65 |
65 |
65 |
65 |
11 |
11 |
No change |
|
Daily Scale Tests |
|
|
|
|
|
|
|
6 |
Observer Notification |
62 |
62 |
12,400 |
12,400 |
413 |
413 |
No change |
7 |
Record of Daily Flow Scale Tests |
62 |
62 |
15,500 |
15,500 |
2,583 |
2,583 |
No change |
8 |
Record of Daily Hopper Scale Tests |
3 |
3 |
405 |
405 |
68 |
68 |
No change |
|
Printed Reports - Flow Scale |
|
|
|
|
|
|
|
9 |
Catch & Cumulative Weight |
65 |
65 |
13,000 |
13,000 |
217 |
217 |
No change |
10 |
Audit Trail |
65 |
65 |
65 |
65 |
1 |
1 |
No change |
11 |
Calibration Log |
65 |
65 |
65 |
65 |
1 |
1 |
No change |
12 |
Fault Log |
65 |
65 |
65 |
65 |
1 |
1 |
No change |
|
Printed Reports - Hopper Scale |
|
|
|
|
|
|
|
13 |
Catch Weight |
3 |
3 |
405 |
405 |
7 |
7 |
No change |
14 |
Audit Trail |
3 |
3 |
3 |
3 |
1 |
1 |
No change |
15 |
Video Monitoring Data Submission |
65 |
65 |
65 |
65 |
130 |
130 |
Changed title from Video Monitoring to Video Monitoring Data Submission. |
16 |
Notification of Pacific Cod Monitoring Option |
1 |
1 |
1 |
1 |
1 |
1 |
No change |
|
CMCP |
|
|
|
|
|
|
|
17 |
Annual Submission |
12 |
12 |
12 |
12 |
480 |
480 |
No change |
18 |
CMCP Addendum |
1 |
1 |
1 |
1 |
8 |
8 |
No change |
18 |
Printed Record from Scale |
12 |
12 |
1,620 |
1,620 |
27 |
27 |
No change |
20 |
Notify Observer |
7 |
7 |
945 |
945 |
16 |
16 |
No change |
|
CMP |
|
|
|
|
|
|
|
21 |
Annual Submission |
9 |
9 |
9 |
9 |
144 |
144 |
No change |
22 |
CMP Addendum |
1 |
1 |
1 |
1 |
8 |
8 |
No change |
23 |
Printed Record from Scale |
9 |
9 |
1,215 |
1,215 |
20 |
20 |
No change |
|
Total for Collection |
83* |
85* |
46,035 |
46,037 |
4,190 |
4,198 |
|
|
Difference |
-2 (adjustment) |
-2 (adjustment) |
-8 (adjustment) |
|
|||
* Unique respondents
Table 8. Adjustments to the Labor Costs and Miscellaneous Costs.
|
Information Collection |
Labor Costs |
Miscellaneous Costs |
Reason for change or adjustment |
||
Current |
Previous |
Current |
Previous |
|||
1 |
Scale Type Evaluation |
1,126 |
1,850 |
12,025 |
12,025 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
|
Installation and Maintenance |
|
|
|
|
|
2 |
At-Sea Scales (maintenance only) |
23 |
37 |
510,250 |
510,250 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
3 |
At-Sea Scales Video Monitoring System (Installation) |
0 |
148 |
0 |
4,333 |
No new video monitoring systems are expected to be installed during the 3-year renewal period. |
|
At-Sea Scales Video Monitoring (maintenance only) |
23 |
37 |
155,000 |
155,000 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
4 |
Observer Sampling Station (installation) |
0 |
148 |
0 |
5,333 |
No observer sampling stations are expected to be installed during the 3-year renewal period. |
|
Observer Sampling Station (maintenance) |
23 |
37 |
0 |
0 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
5 |
Inspection Request Form (Observer Sampling Station, Video, Bin Monitoring and At-Sea Scales) |
248 |
407 |
325 |
325 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
|
Daily Scale Tests |
|
|
|
|
|
6 |
Observer Notification |
9,301 |
15,281 |
0 |
0 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
7 |
Record of Daily Flow Scale Tests |
58,169 |
95,571 |
0 |
0 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
8 |
Record of Daily Hopper Scale Tests |
1,531 |
2,516 |
0 |
0 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
|
Printed Reports - Flow Scale |
|
|
|
|
|
9 |
Catch & Cumulative Weight |
4,887 |
8,029 |
|
|
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
10 |
Audit Trail |
23 |
37 |
|
|
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
11 |
Calibration Log |
23 |
37 |
4,095 |
4,095 |
Costs for flow scale printed reports logged here Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
12 |
Fault Log |
23 |
37 |
|
|
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
|
Printed Reports - Hopper Scale |
|
|
|
|
|
13 |
Catch Weight |
158 |
259 |
|
|
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
14 |
Audit Trail |
23 |
37 |
189 |
189 |
Costs for hopper scale printed reports logged here Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
15 |
Video Monitoring Data Submission |
2,928 |
910 |
975 |
975 |
Changed title from Video Monitoring to Video Monitoring Data Submission. Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
16 |
Notification of Pacific Cod Monitoring Option |
23 |
37 |
10 |
10 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
|
CMCP |
|
|
|
|
|
17 |
Annual Submission |
10,810 |
17,760 |
120 |
120 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
18 |
CMCP Addendum |
180 |
1,896 |
10 |
10 |
Labor: (Adjustment) The rate was corrected and updated to use the most recent BLS hourly wage rate. A typographical error in the last supporting statement showed the labor rate as $237/hour. |
18 |
Printed Record from Scale |
608 |
999 |
756 |
756 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
20 |
Notify Observer |
360 |
592 |
0 |
0 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
|
CMP |
|
|
|
|
|
21 |
Annual Submission |
3,243 |
5,328 |
90 |
90 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
22 |
CMP Addendum |
180 |
296 |
10 |
10 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
23 |
Printed Record from Scale |
450 |
740 |
567 |
567 |
Labor: (Adjustment) Updated to use the most recent BLS hourly wage rate. |
Total for Collection |
94,363 |
153,026 |
684,422 |
694,088 |
|
|
Difference |
-58,663 (adjustment) |
-9,666 (adjustment) |
|
|||
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 collected will not be published.
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.
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 NMFS 2022. Section 4.2.4. Regulatory Impact Review for a Proposed Regulatory Amendment to Revise Monitoring Requirements for Pot Catcher/Processors Participating in Bering Sea/Aleutian Islands Groundfish Fisheries. Secretarial Review Draft.
2 Ibid. Section 4.2.3.
3 NMFS 2022. Section 4.2.4. Regulatory Impact Review for a Proposed Regulatory Amendment to Revise Monitoring Requirements for Pot Catcher/Processors Participating in Bering Sea/Aleutian Islands Groundfish Fisheries. Secretarial Review Draft.
4 NMFS 2022. Section 4.2.3. Regulatory Impact Review for a Proposed Regulatory Amendment to Revise Monitoring Requirements for Pot Catcher/Processors Participating in Bering Sea/Aleutian Islands Groundfish Fisheries. Secretarial Review Draft.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Vernon.Shoemaker |
| File Modified | 0000-00-00 |
| File Created | 2023-11-20 |