0648-CIS Supporting Statement A_PR BM42

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Cook Inlet EEZ Commercial Salmon Fishery

OMB: 0648-0818

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SUPPORTING STATEMENT

U.S. Department of Commerce

National Oceanic & Atmospheric Administration

Cook Inlet EEZ Commercial Salmon Fishery

OMB Control No. 0648-XXXX


SUPPORTING STATEMENT PART A

Abstract


The National Marine Fisheries Service (NMFS), Alaska Regional Office, requests a new collection for the Cook Inlet Exclusive Economic Zone (EEZ) commercial salmon fishery. This request is due to a proposed rule (RIN 0648-BM42) to implement Amendment 16 to the Fishery Management Plan for the Salmon Fisheries in the EEZ Off Alaska (Salmon FMP).


Amendment 16 and the rule would establish Federal fishery management for all salmon fishing that occurs in the Cook Inlet EEZ, which includes commercial drift gillnet and sport (recreational) salmon fisheries. This action is necessary to comply with rulings from the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the District of Alaska, and to ensure the Salmon FMP is consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).


This new collection contains the applications and processes used by harvesters, processors, and other entities receiving deliveries of Cook Inlet EEZ salmon to apply for and manage their permits; provide catch, landings, and processing data; and mark drift gillnet buoys. The data would be used to ensure that the fishery participants adhere to harvesting, processing, and other requirements necessary to manage the Cook Inlet EEZ commercial salmon fishery.


This proposed rule also affects OMB Control Number 0648-0445 (NMFS Alaska Region Vessel Monitoring System Program). NMFS is submitting a separate request to revise 0648-0445.



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.


NMFS manages U.S. salmon fisheries off Alaska under the Salmon FMP. The Council prepared, and the Secretary of Commerce approved, the Salmon FMP under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Regulations implementing the Salmon FMP are located at 50 CFR part 679.


This new information collection is necessary because NMFS has determined that it is necessary and appropriate, under section 304(c)(1)(A) of the Magnuson-Stevens Act, to develop a Secretarial Amendment and proposed regulations in order to comply with rulings from the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the District of Alaska, and to ensure the Salmon FMP is consistent with the Magnuson-Stevens Act.


NMFS is proposing Amendment 16 to the Salmon FMP and implementing Federal regulations (RIN 0648-BM42) to comply with the Ninth Circuit Court and Alaska District Court decisions, the Magnuson-Stevens Act, and other applicable law. This action, if approved, would incorporate the Cook Inlet EEZ into the Salmon FMP as the Cook Inlet EEZ Area, thereby bringing the salmon fisheries that occur within it under Federal management by the Council and NMFS.


The Cook Inlet EEZ has two salmon fisheries—the commercial drift gillnet salmon fishery and the recreational salmon fishery. The commercial drift gillnet fishery harvests over 99.99 percent of salmon in the Cook Inlet EEZ Area. Previously, both of these salmon fisheries have occurred in both the State and EEZ waters of Cook Inlet under State management without regard to the boundary. Under this action, the Cook Inlet EEZ salmon fisheries will be managed by NMFS and the Council separately from, but accounting for harvest in other fisheries.


This action would implement new recordkeeping, reporting, and compliance requirements necessary for required Federal management and monitoring of the Cook Inlet EEZ Area salmon fisheries.


Vessels commercially fishing for salmon in the Cook Inlet EEZ Area would be required to obtain a Salmon Federal Fisheries Permit (SFFP), complete a Federal fishing logbook, and install and maintain an operational vessel monitoring system. The vessel would also be required to mark buoys at each end of their drift gillnet with their SFFP number.


Processors and other entities receiving landings of commercially caught Cook Inlet salmon from the Cook Inlet EEZ Area would be required to obtain a Salmon Federal Processor Permit, or a Registered Salmon Receiver Permit, and report landings through eLandings by noon of the day following completion of the delivery.


While these measures do increase costs to commercial fishery participants, all of these elements are required by NMFS to manage the fishery and prevent overfishing. Specific consideration was given in their development to minimize burden to the extent practicable while also providing required information to Federal fishery managers in a timely manner. All entities that would be directly regulated by this action could also choose to continue participating in only the State waters fisheries to avoid being subject to these Federal requirements.


No additional Federal recordkeeping and reporting requirements would be established for the recreational salmon fishery participants. The existing recordkeeping and reporting requirements implemented by the State are expected to be sufficient to inform management and satisfy Magnuson-Stevens Act requirements given the small scale and limited removals of the fishery sector. These include creel sampling, the Statewide Harvest Survey, harvest records for annual limits, and the Saltwater Charter Logbooks.


This new information collection contains the applications and processes for participants in the Cook Inlet EEZ commercial salmon fishery to apply for and manage their permits; provide catch, landings, and processing data; and mark drift gillnet buoys. The data would be used to ensure that the fishery participants adhere to harvesting limits, processing, and other requirements necessary to manage the Cook Inlet EEZ commercial salmon fishery.


This rule also affects OMB Control Number 0648-0445 (NMFS Alaska Region Vessel Monitoring System Program). Concurrent with this request for a new OMB control number, NMFS is submitting a separate request for the revision to 0648-0445.


  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.


This table lists each requirement, the associated regulations, and summarizes who submits the information; how it is submitted and how often; whether a form is available; the purpose for the collection; and who the information is shared with. The forms will be posted on the NMFS Alaska Region website at http://alaskafisheries.noaa.gov. More information on each requirement is provided in the subsections below.


Requirement

Regulations

50 CFR

From whom is the information collected?

How is the information collected?

Frequency

Form?

Needs and Uses of Information Collection

Is information shared with other organizations inside or outside the DOC or the government?

Application For Salmon Federal Fisheries Permit (SFFP)

679.114(b)

Owner or authorized representative of catcher vessel used to commercially fish for salmon within the Cook Inlet EEZ Area

Mail, fax, or delivery

3-yr cycle

Y

Used by the public to obtain, amend, renew, or surrender an SFFP.

Used by NMFS to determine permit eligibility and to identify fishery participants.

NMFS, NOAA Office of Law Enforcement, the U.S. Coast Guard (USCG), Council

Application For Salmon Federal Processor Permit (SFPP)

679.114(c)

Owner or authorized representative of processors that receive landings of commercially caught Cook Inlet EEZ salmon and process it at the facility receiving the delivery

Mail, fax, or delivery

Annually

Y

Used by the public to obtain, amend, renew, or surrender an SFPP.

Used by NMFS to determine permit eligibility and to identify fishery participants.

NMFS, NOAA Office of Law Enforcement, USCG, Council

Application for Registered Salmon Receiver Permit (RSRP)

679.114(d)

Any person other than an SFPP holder who receives salmon harvested in the Cook Inlet EEZ Area from the person(s) who harvested the fish.

Email, mail, fax, or delivery

Annually

Y

Used by the public to obtain, amend, renew, or surrender an RSRP.

Used by NMFS to determine permit eligibility and to identify fishery participants.

NMFS, NOAA Office of Law Enforcement

Salmon eLandings Processor Registration

679.115(b)(2) and (b)(3)

New eLandings users who have an SFPP or RSRP

Electronic and either mail, fax, or delivery

Once, prior to using the eLandings system

N

Used by the public to request authorization to use eLandings, create a unique User ID, and obtain a password.

Used by NMFS to identify the participants and authorize the participants to use eLandings.

NMFS, State of Alaska Commercial Fisheries Division

Salmon Receiver Landing Report

679.115(b)(4), and (b)(5)

The manager of a shoreside processor or a registered salmon receiver that receives salmon from a catcher vessel issued an SFFP under § 679.114 and that is required to have an SFPP or RSRP under § 679.114(c) or (d)

Electronic

By 1200 hours, A.l.t., of the day following completion of the delivery.

N

Used by SFFP and RSRP holders to report salmon deliveries.

Used by NMFS to identify the fishery participants, monitor the deliveries of fish to processing facilities, as well as discard and disposition of species, and for management of the Cook Inlet EEZ commercial salmon fisheries.

NMFS, State of Alaska Commercial Fisheries Division

Catcher Vessel Daily Fishing Logbook Salmon Gillnet Gear

679.115(a) and (c)

The operator of a catcher vessel that is required to have an SFFP under § 679.114(b) and that is using gillnet gear to harvest salmon in the Cook Inlet EEZ Area

mail or email

Within 2 hours after completion of catch delivery, submit logsheet to SFPP or RSRP authorized representative that receives the harvest

Within 30 days of season closure, submit all log sheets to NOAA OLE

Y

Used by operator of catcher vessels to report fishing effort, fishing location, and discarded catch.

Used by NMFS to provide data about where and when salmon fishing effort occurs and record discard information of prohibited species.

NMFS, NOAA Office of Law Enforcement

Salmon Drift Gillnet Marker Buoys

679.118(f)(2)

Vessel owner or operator marks information on buoys

n/a

Buoys are marked as needed to keep the information legible.

N

Used by the permit holder to identify their fishing gear.

Used by NMFS to link fishing gear to the vessel owner or operator and facilitate fisheries enforcement.

NMFS, NOAA Office of Law Enforcement, USCG

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.


It is anticipated that some of the information collected will be disseminated to the public or used to support publicly disseminated information. NMFS 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.


Fishing gear is marked with buoys painted with identification information as described below. The identification information on the fishing gear is not disseminated to the public because the information is marked on the buoys and is not submitted to NMFS.


Application For Salmon Federal Fisheries Permit


Harvesting vessels would be required to have a Salmon Federal Fisheries Permit (SFFP) to commercially fish for salmon in the Cook Inlet EEZ Area. An SFFP would authorize the vessel to conduct fishing operations, subject to all other Federal requirements. Each vessel used to commercially fish for salmon within the Cook Inlet EEZ Area must have a legible copy of a valid SFFP on board at all times, which must be presented for inspection upon the request of any authorized officer.


A vessel with an SFFP would be required to have on board a functioning Vessel Monitoring System (see OMB Control No. 0648-0445) to commercially fish for salmon in the Cook Inlet EEZ Area. The vessel would be required to keep its VMS active within State waters to ensure that entire fishing trips are monitored and to help verify that no fishing occurred within State waters during a fishing trip that included salmon harvest in the Cook Inlet EEZ.


An SFFP would be nontransferable and valid for three years. As with other Federal fisheries, if a vessel surrendered an SFFP, it could not obtain a new SFFP until the start of the next 3-year permit cycle. This prevents vessels from regularly surrendering and reobtaining SFFPs to avoid Federal monitoring requirements.


The Application For Salmon Federal Fisheries Permit would be used by the owner or authorized representative of a catcher vessel to obtain, renew, amend, or surrender an SFFP. Only persons who are U.S. citizens are authorized to receive or hold an SFFP. NMFS would issue an SFFP at no charge after receipt and review of a complete SFFP application.


The information collected on this application includes the type of request; owner name and contact information; vessel information; and signature of the applicant or their authorized representative. If completed by an authorized representative, authorization must be attached. If ownership has changed or if it is an application for a vessel to which an FFP has never been issued, documentation of vessel ownership must be provided.




Application For Salmon Federal Processor Permit


Processors that receive landings of commercially caught Cook Inlet EEZ salmon and process it at the facility receiving the delivery would be required to obtain a Salmon Federal Processor Permit (SFPP). This includes any person, facility, vessel, or stationary floating processor (SFP) that receives, purchases, or arranges to purchase and process unprocessed salmon harvested in the Cook Inlet EEZ Area, except registered salmon receivers. One SFPP per processing facility would be required, even if that facility was controlled by the same company already holding an SFPP at another processing facility. For direct-marketing operations where the owner or operator of a harvesting vessel catches and processes their catch, both an SFFP and an SFPP would be required. A legible copy of a valid SFPP must be on site at the processor at all times and must be presented for inspection upon request of any authorized officer.


SFPP holders would be required to report all salmon landings through eLandings by noon of the day following completion of the delivery (see the sections on eLandings below).


An SFPP would be transferrable and valid for one year. The shorter timeframe reflects the need to maintain a current and comprehensive inventory of all Federal salmon landings in Cook Inlet given frequent business or ownership changes for Cook Inlet salmon processing and buying operations.


The Application For Salmon Federal Processor Permit would be used to obtain, renew, amend, or surrender an SFPP. NMFS would issue an SFPP at no charge after receipt and review of a complete SFFP application.


The information collected on this application includes the type of request; processor identification and contact information; processor ownership information; and signature of the applicant or their authorized representative. If completed by an authorized representative, authorization must be attached. If ownership has changed or if it is an application for a vessel to which an FFP has never been issued, documentation of vessel ownership must be provided.


Application For Registered Salmon Receiver Permit


A Registered Salmon Receiver Permit (RSRP) would be required for any person other than an SFPP holder who receives salmon harvested in the Cook Inlet EEZ Area from the person(s) who harvested the fish. Persons or businesses that receive landings (deliveries) of Cook Inlet EEZ salmon from harvesting vessels but do not immediately process it, or transport it to another location for processing, would be required to obtain an RSRP.


An RSRP would be required for each entity receiving but not processing landings of Cook Inlet EEZ salmon at the location of the delivery. This includes fish transporters or buying stations that receive deliveries from harvesting vessels. This is to ensure that there is not a significant time lag between a landing occurring and that information being reported to Federal managers across all seafood operation types common to Cook Inlet.


For catcher-seller operations where the owner or operator of a harvesting vessel catches and sells unprocessed salmon (e.g., whole fish or headed and gutted) themselves, both an SFFP and an RSRP would be required.


A legible copy of the RSRP must be present at the location of a landing and must be made available by an individual representing the Registered Salmon Receiver for inspection on request of any authorized officer.


RSRP holders would be required to report all salmon landings through eLandings by noon of the day following completion of the delivery (see the sections on eLandings below).


An RSRP would be valid for one year. The shorter timeframe reflects the need to maintain a current and comprehensive inventory of all Federal salmon landings in Cook Inlet given frequent business or ownership changes for Cook Inlet salmon processing and buying operations.


The Application For Registered Salmon Receiver Permit would be used by the owner or authorized representative to obtain, renew, amend, or surrender an RSRP. NMFS would issue an RSRP at no charge after receipt and review of a complete RSRP application.


The information collected on this application includes the type of request; applicant name and contact information; type of salmon receiver operation and identification information; and signature of the applicant or their authorized representative. If completed by an authorized representative, authorization must be attached.


Salmon eLandings Processor Registration


SFPP and RSRP holders who do not already have access to eLandings due to their participation in other fisheries, will need to complete the salmon eLandings processor registration before using the eLandings system. Registration is necessary to request authorization to use the system, create a unique User ID, and obtain a password.


eLandings registration for other fisheries is approved under OMB Control Number 0648-0515. The eLandings registration for SFPP and RSRP holders that already have access to eLandings would be updated when they submit their completed Application For Salmon Federal Processor Permit or Application For Registered Salmon Receiver Permit.


The registration is completed online at the eLandings registration page: https://elandings.alaska.gov/elandings/Register. Entering the information generates a User Agreement Form that the User must print, sign, and submit to NMFS. NMFS will email confirmation that the User is registered, authorized to use eLandings, and that the UserID and the User's account are enabled.


Section 679.115(b)(3) lists the information required for the eLandings processor registration. The following type of information is collected: operation name and type of operation; ADF&G processor code; Federal permit types and numbers; home port code; ADF&G vessel identification number (if a vessel); vehicle license information (if a vehicle); if a buying station, tender vessel, or custom processor, information that identifies the associated processor where the processing will take place; and identification and contact information for the primary eLandings User.


Salmon Receiver Landing Report


The manager of a shoreside processor or a registered salmon receiver that receives salmon from a catcher vessel issued an SFFP under § 679.114 and that is required to have an SFPP or RSRP under § 679.114(c) or (d) would be required to use eLandings or other NMFS-approved software to submit a daily landing report during the fishing year.


To manage the fishery successfully and avoid overfishing, Federal managers need accurate and rapidly reported catch data from the EEZ to deduct salmon catches from the total allowable catch. To achieve this, SFPP and RSRP holders would be required to report all salmon landings through eLandings by noon of the day following completion of the delivery. This would ensure that Federal fishery managers would receive timely catch information from all Federal landings to inform Federal management actions.


Section 679.115(b)(5) lists the information submitted on the salmon receiver landing report. The report would collection the following information: processor identification information, delivery information, catch information, and discard or disposition information.


Catcher Vessel Daily Fishing Logbook Salmon Gillnet Gear


The operator of a catcher vessel that is required to have an SFFP under § 679.114(b) and that is using gillnet gear to harvest salmon in the Cook Inlet EEZ Area, would be required to maintain a gillnet gear daily fishing logbook.


This logbook is necessary to collect catch and bycatch information. Currently, no quantitative information is available on discards of salmon and groundfish in the Cook Inlet drift gillnet salmon fisheries or other closely analogous fisheries to estimate bycatch amounts and mortality. The data provided by the logbooks would provide this information and satisfy the Magnuson-Stevens Act Standardized Bycatch Reporting Methodology requirement. Information from logbooks would also be used to corroborate vessel monitoring system data in the event of a suspected Federal fishery violation.


The logbook is a single page fillable pdf that can be either filled in by computer or printed and filled out. The logbook would be submitted either by mail or email. The vessel operator must distribute and submit accurate copies of the logsheets to the shoreside processor or Registered Salmon Receiver and to NOAA Office of Law Enforcement Alaska Region according to the logsheet instructions.


The operator of a catcher vessel using drift gillnet gear must record in the logbook the information from the following table for each set within the specified time limit (§ 679.115(c)(4)).


Required Information

Time Limit for Recording

SFFP number, set number, date and time gear set, date and time gear hauled, beginning and end positions of set, length of net deployed, total number of salmon, marine mammal interaction code, and estimated hail weight of groundfish for each set

Within 2 hours after completion of gear retrieval

Discard and disposition information

Prior to landing

Submit an accurate copy to shoreside processor or registered salmon receiver receiving catch

At the time of catch delivery

All other required information

At the time of catch delivery

Operator sign the completed logsheets

At the time of catch delivery



Salmon Drift Gillnet Marker Buoys


Drift gillnet gear would be required to be marked at both ends of the net with a buoy marked with the SFFP number. Markings must be in characters at least 4 inches (10.16 cm) in height and 0.5 inch (1.27 cm) in width in a contrasting color visible above the water line. Buoys must be maintained so the markings are clearly visible.


Regulations that fishing gear be marked with identification information are essential to facilitate fisheries enforcement and actions concerning damage, loss, and civil proceedings. The ability to link fishing gear to the vessel owner or operator is crucial to enforcement of regulations. NOAA Office of Law Enforcement and the United States Coast Guard (USCG) use the identification information on fishing gear when issuing violations, prosecutions, and other enforcement actions. Buoy marking reduces the costs to NOAA Office of Law Enforcement and the USCG for enforcement efforts and allows for more effective enforcement of fishing gear regulations. Cooperating fishermen also use the gear identification to report placement or occurrence in unauthorized areas.


  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 eLandings registration and landing reports are submitted online through eLandings, the interagency electronic reporting system for commercial fishery landings in Alaska, at https://elandings.alaska.gov/. For catcher/processors and motherships that do not have reliable Internet service, a Desktop Client Application (seaLandings) can be used to generate report files for submitting via email. Tender vessels that do not have access to email or the Internet can enter the information electronically on a USB drive that is later uploaded to eLandings over the Internet.


The logbook would be available as a fillable pdf on the NMFS Alaska Region website. The logbook sheets may be submitted by mail or email.


All of the permit applications would be available as fillable pdfs on the NMFS Alaska Region website. They may be printed and then submitted to NMFS.


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 database is in development. NMFS is working on a new system whereby all of the information will be entered online and submitted directly and automatically into a database.


Marking fishing gear does not involve automated, electronic, mechanical, or other technological techniques or forms of information technology.


  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


None of the information collected duplicates other collections. Although information requirements for eLandings are approved under OMB Control Number 0648-0515, the salmon eLandings processor registration and salmon processor landing report are specific to the Cook Inlet EEZ commercial salmon fishery and do not duplicate the collection of information for 0648-0515. If a participant in the Cook Inlet EEZ commercial salmon fishery has previously registered to use eLandings due to participation in another fishery (see 0648-0515), they already have access to eLandings and will not need to complete the new salmon eLandings processor registration. They would update their existing eLandings registration by completing their Application For Salmon Federal Processor Permit or Application For Registered Salmon Receiver Permit.


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.


This information collection impacts small entities but does not impose a significant impact on them. NMFS attempts to minimize the burden of this information collection on all respondents by collecting only information necessary to manage the Cook Inlet EEZ commercial salmon fishery, by providing options for submitting the information when possible, and by providing help to participants by phone and through online help options and user guides.


While the requirements in this information collection would increase costs to participants of the Cook Inlet commercial salmon fishery, they are required by NMFS to manage the fishery and prevent overfishing. Specific consideration was given in their development to minimize burden to the extent practicable while also providing required information to Federal fishery managers in a timely manner. All entities that would be directly regulated by this action could choose to continue participating in only the State waters fisheries to avoid being subject to these Federal requirements.


Fishing gear is marked with the minimum information needed to identify the vessel owner or operator. Most fishermen properly identify marker buoys and are not adversely affected by this requirement. Fishermen marking their gear correctly ultimately benefit as unauthorized and illegal fishing is deterred and more burdensome regulations are avoided.


  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.


This information collection is required to implement, manage, and monitor the Cook Inlet EEZ commercial salmon fishery under the Magnuson-Stevens Act (16 U.S.C. 1801, et seq.). It would not be possible to effectively manage the Cook Inlet EEZ commercial salmon fishery or carry out the mandates of the Magnuson-Stevens Act if this collection were not conducted or conducted less frequently.

If this collection were not conducted or conducted less frequently, the quality of data from the fishery would be greatly reduced and negatively impact NMFS management of the fishery. This information collection provides data on salmon harvest and allows NMFS to ensure that participants in the commercial salmon fishery adhere to program regulations in order to achieve a sustainable fishery.


This information collection has been developed to ensure that Federal fishery managers receive timely catch information from Federal landings to inform Federal management actions. To manage the fishery successfully and avoid overfishing, Federal managers need accurate and rapidly reported catch data from the EEZ to deduct salmon catches from the total allowable catch. The permit system is an integral part of management of groundfish fisheries in the Alaska Region and ensures NMFS has accurate participant data to manage the fishery. Without data from logbooks or landing reports it would be difficult to estimate salmon harvest with any level of confidence. The ability to link fishing gear to the vessel owner or operator is crucial to enforcement of regulations and without it the ability of NMFS and the USCG to enforce the fishery management measures would be significantly impaired.


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

Some instruments in this collection may require respondents to report information to the agency more often than quarterly. Landing reports and logbooks must be submitted by the required time following harvest or delivery, which could result in information being submitted more often than quarterly. NMFS uses this information for inseason and inter-season management decisions and is necessary to monitor and manage the fisheries.

This collection does not require respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it.

This collection does not require respondents to submit more than an original and two copies of any document.

This collection does not require respondents to retain records, other than health, medical, government contract, grant-in- aid, or tax records for more than three years.

This collection is not in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study.

This collection does not require the use of a statistical data classification that has not been reviewed and approved by OMB.

This collection does not include a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use.

This collection does not require respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.


  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 proposed rule (RIN 0648-BM42) soliciting public comments will be published coincident with this submission.


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


No payment or gifts are provided to the respondents in this collection.


  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.


The marking of fishing gear is not confidential. There is no assurance of confidentiality provided, as marking of gear occurs on an individual basis.


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 Notices (SORNs) that cover this information collection is COMMERCE/NOAA-6, Fishermen's Statistical Data and COMMERCE/NOAA-19, Permits and Registrations for United States Federally Regulated Fisheries. An amended Privacy Act SORN was published for COMMERCE/NOAA-19 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.


This new information collection uses time burden estimates and hourly wage rates based on similar collection instruments and respondent types approved under other NMFS Alaska Region information collections. These estimates will be updated in the supporting statement for the final rule if any comments are received indicating changes are necessary.


The hourly wage rate is the most current rate available (May 2022) from the U. S. Bureau of Labor Statistics. The wage rate estimate of $22.52 is the Alaska mean hourly wage for Occupation Code 45-0000 (Farming, Fishing, and Forestry Occupations; https://www.bls.gov/oes/current/oes_ak.htm).


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)

Application For Salmon Federal Fisheries Permit

Vessel owner or representative

3611

1

361

15 min.

90

$22.52

$2,027

Application For Salmon Federal Processor Permit

Processor owner or representative

19

1

19

25 min.

8

$22.52

$180

Application For Registered Salmon Receiver Permit

Fish transporters and buyers

20

1

20

20 min.

7

$22.52

$158

Salmon eLandings Processor Registration

processors and registered salmon receivers

6 annualized`

(18/3)

1

6 annualized`

(18/3)

15 min.

2

$22.52

$45

Salmon Receiver Landing Report

processors and registered salmon receivers

39

Annual averages are calculated for these instead of average per entity.

6,1372

10 min.

1,023

$22.52

$23,038

Catcher Vessel Daily Fishing Logbook Salmon Gillnet Gear

Vessel owner or operator

361

6,4983

15 min.

1,625

$22.52

$36,595

Salmon Drift Gillnet Marker Buoys

Vessel owner or operator

1814

1

181

30 min. to mark each buoy

91

$22.52

$2,049

Totals




13,222


2,846


$64,092

1 NMFS estimates 361 SFFP holders annually based on the average number of active State of Alaska S03H Commercial Fisheries Entry Commission Limited Entry salmon permit holders (S03H permits) fishing in the Cook Inlet EEZ Area from 2019–2021.

2 The annual number of landing report responses is estimated by multiplying the number of SFFP holders (vessels potentially making deliveries) by the number of fishing periods over the year (361 SFFP holders x 17 fishing periods = 6,137 total annual responses). The actual number is likely to be lower than this estimate since fewer vessels participate at the beginning and end of a fishing season.

3 The annual number of logbook responses is estimated by multiplying the number of SFFP holders (vessels potentially making deliveries) by the number of fishing periods over the year (361 SFFP holders x 17 fishing periods = 6,137 total annual responses) and adding the number of SFFP holders because at the end of the season they each submit all logbook pages to NMFS OLE in one submission. The actual number is likely to be lower than this estimate since fewer vessels participate at the beginning and end of a fishing season.

4 NMFS estimates that each year, half of the SFFP holders (361 / 2 = 181) will need to repaint one buoy as the markings on the other buoy will still be legible and the information still correct.



  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.


The cost to annually mark the buoys is estimated at $100 per respondent. The cost covers materials such as paint ($85 per quart) and paintbrushes, permanent ink applicator, and stencils.


Some respondents for the collection submit more than one type of information collection in this collection. 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 initial 3-year approval period for this new collection. The unique respondents are the 361 SFFP holders, 19 SFPP holders, and 20 RSRP holders.


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)

Application For Salmon Federal Fisheries Permit

361

1

361

Operating costs: $5

$1,805

Application For Salmon Federal Processor Permit

19

1

19

Operating costs: $5

$95

Application For Registered Salmon Receiver Permit

20

1

20

Operating costs: $5

$100

Salmon eLandings Processor Registration

6 annualized`

(18/3)

1

6 annualized`

(18/3)

*

$0

Salmon Receiver Landing Report

39

Annual averages are calculated for these instead of average per entity.

6,137

*

$0

Catcher Vessel Daily Fishing Logbook Salmon Gillnet Gear

361

6,498

*

$0

Salmon Drift Gillnet Marker Buoys

181

1

181

Marking supplies: $100 per respondent

$18,100

TOTALS

400 (unique respondents)


13,222


20,100

* The annual cost burden per respondent for the applications, eLandings registration, landing report, and logbook are expected to be minimal. The operating costs estimate for the applications for the SFFP, SFPP, and RSRP are conservative and would cover any costs to these respondents for the eLandings registration, landing report, and logbook.



  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.


A logbook for the catcher vessel salmon drift gillnet fishery would need to be developed since there currently is not a State or Federal logbook for this fishery (or any other Alaska commercial salmon fishery). Section 4.7.2.2.2 of the Regulatory Impact Review prepared for this rule provided an upper bound approximation of $200,000 to $300,000 as the cost of developing and implementing an electronic logbook system; however, this was based on a more complex system than what would be needed for this fishery. Developing and implementing a logbook for this fishery is expected to be considerably less expensive. For purposes of this analysis, an estimate of $200,000 is used in the table below for development and implementation of the logbook, although that estimate is high.


No costs to the Federal Government are associated with the requirement for marking salmon drift gillnet gear because this involves the respondents marking the buoys, and no information is received by NMFS to process.


The fully loaded salary cost shown in the table below includes 52 percent of the salary to account for benefits and other overhead costs (e.g., $78,056 * 1.52 = $118,645 loaded salary). The grade and step are from the Department of Commerce Alternative Personnel System (CAPS) pay tables (https://www.commerce.gov/hr/practitioners/caps/pay-administration). The general schedule grade equivalent for CAPS is included in parentheses.


Cost Descriptions

Grade/Step

Loaded Salary /Cost

% of Effort

Fringe (if Applicable)

Total Cost to Government

Federal Oversight






Other Federal Positions






Agency project coordination, training, user support

ZP-2 step 3

(GS 7-10)

$140,104

50%


$70,052

Permit Assistant

ZS-4 step 4

(GS 7-8)

$118,645

1%


$1,186

Contractor Cost:

User support, software testing, and application development





$850

Travel





Other Costs

Logbook development and implementation $200,000 / 3 = $66,667 annualized





$ 66,667

TOTAL





$138,755




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


This is a request for a new information collection for the Cook Inlet EEZ commercial salmon fishery. due to a proposed rule to implement Amendment 16 to the Salmon FMP, which would establish Federal fishery management for all salmon fishing that occurs in the Cook Inlet EEZ (RIN 0648-BM42).


  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.


NMFS would post the list of SFFPs, SFPPs, and RSRPs from this collection on the NMFS Alaska Region website for permits and licenses issued in Alaska (https://www.fisheries.noaa.gov/alaska/commercial-fishing/permits-and-licenses-issued-alaska).


NMFS will maintain a list of permitted processors that may be disclosed for public inspection.


  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.


There are no forms associated with the salmon drift gillnet marker buoys on which to display an expiration date. The agency plans to display the expiration date for OMB approval of the information collection on all other 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).

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