0648-0819 (BM40) Supporting Statement Part A_FR

SUPPORTING STATEMENT

U.S. Department of Commerce

National Oceanic & Atmospheric Administration

Paper Logbook: Trawl EM Category Catcher Vessels Less Than 60 Ft LOA

OMB Control No. 0648-0819

SUPPORTING STATEMENT PART A

Abstract

This is a resubmission with the final rule, of a request by the National Marine Fisheries Service (NMFS), Alaska Regional Office, for a new temporary collection. This request is due to a final rule to implement electronic monitoring (EM) for pelagic trawl pollock catcher vessels and tender vessels delivering pollock to shoreside processors or stationary floating processors in the Bering Sea, Aleutian Islands, and Gulf of Alaska (RIN 0648-BM40). This action is intended to improve salmon accounting, reduce monitoring costs, and improve the quality of monitoring data. This rule necessitates revising an existing information collection, OMB Control Number 0648-0213. Due to a concurrent action for -0213, NMFS is requesting this temporary collection for this revision to -0213. After completion of the concurrent action, NMFS will submit a request to merge this temporary collection with -0213.

Catcher vessels less than 60 ft length overall that are not currently required to submit a logbook will need to begin doing so if they participate in the trawl EM category. This increases the total annual respondents, responses, and burden for the catcher vessel trawl gear daily fishing logbook, approved under OMB Control Number 0648-0213. This logbook requirement is added in this new temporary collection.

This final rule also affects OMB Control Numbers -0318, -0330, -0515, and -0711. NMFS is submitting separate requests to revise these collections.

One change was made to this supporting statement from the proposed rule. The hourly wage rate in question #12 was updated to use the most current rate.

Justification

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

National Marine Fisheries Service (NMFS), Alaska Region manages the groundfish and crab fisheries in the exclusive economic zone (EEZ) of the Bering Sea and Aleutian Islands Management Area (BSAI) and the groundfish fisheries of the Gulf of Alaska (GOA) under fishery management plans (FMPs) for the respective areas. The North Pacific Fishery Management Council prepared, and NMFS approved, the FMPs under the authority of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act). The FMPs are implemented by regulations at 50 CFR parts 679 and 680.

NMFS requires vessels and processors participating in federally managed groundfish and crab fisheries off Alaska to provide information on catch, production, effort, and other information necessary for conservation and management of the fisheries. Collecting reliable data is essential to the effective conservation, management, and scientific understanding of the fishery resources. Daily logbooks are required in the groundfish, crab, and halibut fisheries. The information collected through logbooks promotes the goals and objectives of the fishery management plans, the Magnuson-Stevens Act, and other applicable laws.

NMFS Office for Law Enforcement and the United States Coast Guard use logbook information during vessel boardings and site visits to ensure conservation of groundfish, compliance with regulations, and reporting accuracy by the fishing industry. The logbooks are an important source of information for NMFS to determine where (vessel position coordinates) and when fishing activity occurs and the number of sets and hauls.

NMFS is implementing Amendment 126 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 114 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (RIN 0648-BM40). Amendments 126/114 and this final rule implement EM for pelagic trawl pollock catcher vessels and tender vessels delivering pollock to shoreside processors or stationary floating processors in the Bering Sea, Aleutian Islands, and GOA (trawl EM category). The trawl EM category applies to eligible pelagic trawl catcher vessels and tender vessels in the full coverage and partial coverage categories of the North Pacific Observer Program. Participation in trawl EM is voluntary under Amendments 126/114, and a vessel owner or operator may annually request placement in the trawl EM category. This action is intended to improve salmon accounting, reduce monitoring costs, and improve the quality of monitoring data. The North Pacific Fishery Management Council and NMFS developed this final action based on input received from the Trawl EM Committee, three years of data gathered through the exempted fishing permit process, and public input through the Council process.

This final rule requires logbooks for all participants in the trawl EM category. This will be a new requirement for catcher vessels less than 60 ft (18.3m) LOA in the Western GOA that currently do not have a logbook requirement. This final rule adds catcher vessels in the trawl EM category to the list of exceptions to the logbook exemption at § 679.5(a)(4). Catcher vessels in the trawl EM category would follow the logbook regulations at § 679.5(a) and may use NMFS-approved paper logbooks (OMB Control No. 0648-0213) or electronic logbooks (OMB Control No. 0648-0515).

The logbooks are necessary for trawl EM data flow, and the trawl EM category will not work without this component. While location and effort are collected by the EM systems, logbooks collect other data necessary for catch accounting and stock assessments, which are either used to report catch or are annotated by EM reviewers during review.

As participation in the trawl EM category is voluntary, an entity that would be subject to the trawl EM requirements would only participate if the benefits from doing so outweighed the burden. Development of the program was requested and supported by industry. NMFS estimates up to 20 vessels less than 60 ft length overall will need to begin submitting a logbook. Therefore, this logbook requirement increases the total annual respondents, responses, and burden for the catcher vessel trawl daily fishing logbook, which is approved under OMB Control Number 0648-0213. This logbook requirement is added in this new temporary collection.

This new temporary information collection is necessary because the rule necessitates revising OMB Control Number 0648-0213 (Alaska Region Logbook and Activity Family of Forms). Concurrent with this rule, a separate request would extend -0213 for three years. After OMB has approved the extension request for -0213 and the final rule for RIN 0648-BM40, this temporary collection will be merged into -0213 and discontinued.

This rule also affects information collection requirements approved under OMB Control Numbers -0318, -0330, -0515, and -0711. NMFS is submitting separate requests to revise these collections.

2. 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.

Catcher Vessel Trawl Gear Daily Fishing Logbook (DFL)

The paper catcher vessel trawl DFL is approved under OMB Control Number 0648-0213. A trawl gear DFL is currently required for catcher vessels 60 ft or greater LOA that are required to have a Federal Fishing Permit under § 679.4(b) and that use trawl gear to harvest groundfish (§ 679.5(c)(4)(i)(A)). A trawl gear DFL is also currently required for catcher vessels, regardless of LOA, participating in the Pacific Cod Trawl Cooperative Program (§ 679.134(f)(1)(i)).

This final rule (RIN 0648-BM40) requires catcher vessels, regardless of LOA, participating in the trawl EM category to maintain a trawl gear DFL as described in § 679.5. NMFS estimates up to 20 catcher vessels less than 60 ft LOA will need to begin submitting a catcher vessel trawl gear DFL if they participate in the trawl EM category.

The operator must account for each day of the fishing year, January 1 through December 31, in the trawl gear DFL and indicate whether the vessel was inactive or active during the time period. Information that must be recorded in the logbook includes harvest information, discard or disposition information, and transfer information. Tables 3 and 4 in the supporting statement for OMB Control Number 0648-0213 list the data fields that must be completed on the catcher vessel DFL paper logbooks.

Table 3 lists all the information that must be recorded on one logbook page in the catcher vessel trawl gear DFL during inactive periods. Table 4 describes all of the information that the operator must enter into the catcher vessel trawl gear DFL on each active day.

The paper DFL has multiple self-copy logsheets that the operator must distribute as described in the Table 1. A trawl gear catcher vessel electronic logbook (approved under OMB 0648-0515) is available for optional use instead of the DFL (§ 679.5(f)(1)(iii)).

The logbooks are designed to provide a convenient method to enter information that serves both the business needs of the fishing industry and the data collection requirements of NMFS.

Table 1. Disposition of the five copies of the Catcher Vessel Trawl DFL logbook pages, where they are submitted, and the time limits for submission.

Log sheet Color	Submit To	Time Limit
White	Permanent copy stays in logbook
Goldenrod	Observer	After signature of operator and prior to departure of observer from the vessel.
Yellow	NMFS Office for Law Enforcement*	Quarter 1: May 1 Quarter 2: August 1 Quarter 3: November 1 Quarter 4: Feb 1 of following year
Blue	Processor that receives the harvest	Within 2 hours after completion of catch delivery
Green	International Pacific Halibut Commission	After catch is off-loaded

* NMFS Office for Law Enforcement Alaska Region Logbook Program

P.O. Box 21767

Juneau, AK 99802-1767

3. 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.

This collection contains the paper catcher vessel trawl logbook, which cannot be submitted electronically. Electronic logbooks are available and approved under OMB Control No. 0648-0515 (Alaska Interagency Electronic Reporting System). Vessel operators who complete electronic logbooks are not required to complete the paper logbook in this collection. Copies of the logbook forms and instructions are available at https://www.fisheries.noaa.gov/alaska/resources-fishing/alaska-recordkeeping-and-reporting-logbook-logsheets.

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

NMFS reviews its requirements to identify any potential for duplication and seeks public comment through proposed rulemaking and periodic meetings with the affected industry. Where there is overlap, the public is not required to complete duplicate reports. Under the Interagency Electronic Reporting System collection (see OMB Control No. 0648-0515), NMFS offers optional use of the electronic logbook; if the operator completes an electronic logbook, then they are not required to complete the paper catcher vessel trawl DFL in this collection. The paper catcher vessel trawl DFL is approved under existing OMB Control Number 068-0213. This temporary collection will be merged into it and discontinued following completion of the three-year extension request for -0213 and issuance of the final rule for RIN 0648-BM40.

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

NMFS attempts to minimize the burden of this collection on all respondents, including small businesses or other small entities by collecting only information necessary to manage the fisheries. The requirements added by this rule (RIN 0648-BM40) have been designed to meet management, enforcement, and scientific information needs, while minimizing the burden of collecting those data on all participants. As a voluntary program, entities would participate, and thus be directly regulated, only if there is a net benefit to doing so. Directly regulated small entities that individually judge the operational costs of participating in the EM program to be burdensome could continue fishing under the existing human observer selection protocols.

NMFS staff are available to answer questions via email and telephone. In addition to agency support staff, a Help Desk phone number and centralized email is manned from 6 a.m. to midnight every day and provides assistance for logbooks. Step-by-step instructions for completing the forms are available on the NMFS AKR website.

NMFS also provides an electronic option for this logbook (see OMB Control Number 0648-0515).

6. 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.

Landings and processing data are collected on a trip basis as required for all harvest and processing in Federal fisheries off Alaska. This data collection is necessary for NMFS to continue efficient monitoring and effective management practices for the fisheries of the EEZ off Alaska. If this collection were not conducted, the quality of NMFS fishery data would be greatly reduced and negatively impact NMFS management of fisheries, resulting in adverse impacts on the long-term biological stability and economic yield of the groundfish resource, the efficiency and economic viability of the domestic groundfish industry, and the credibility of the fishery management process itself.

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

This collection may require respondents to report information to the agency more often than quarterly. The catcher vessel trawl DFL must be submitted by the required time following harvest, 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.

8. 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 (89 FR 7660) soliciting public comments published on February 5, 2024. The comment period ended on April 5, 2024. Additionally, per section 313 of the Magnuson-Stevens Act, NMFS conducted public hearings to accept oral and written comments on the proposed rule in-person for Alaska and virtually for Oregon and Washington. The first public hearing was held on February 28, 2024, in Kodiak, AK. The second public hearing was held virtually for Washington and Oregon on March 12, 2024. No comments were received on the requirements in this information collection.

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

No payment or gift to respondents is provided.

10. 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.

Disclosure of this information is permitted under the Privacy Act of 1974 (5 U.S.C. Section 552a), to be shared within NMFS offices, in order to coordinate monitoring and management of sustainability of fisheries and protected resources, as well as with the applicable State or Regional Marine Fisheries Commissions and International Organizations. The System of Records Notice (SORN) that covers this information collection is COMMERCE/NOAA-6, Fishermen's Statistical Data.

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

11. 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.

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

This rule (RIN 0648-BL08) requires catcher vessels in the trawl EM category to submit a logbook. This collection adds only the catcher vessels less than 60 ft LOA as new respondents for the catcher vessel trawl DFL because catcher vessels greater than or equal to 60 ft LOA already submit logbooks. As the paper catcher vessel trawl DFL is currently approved under OMB Control Number 0648-0213, to avoid double counting, the numbers for this logbook for this new temporary control number in the table below are only for the new respondents due to this rule. The tables in Question 15 show how the totals for the paper catcher vessel trawl DFL will change due to this rule when this temporary collection is merged into -0213.

NMFS estimates up to 20 catcher vessels less than 60 ft LOA will need to begin submitting a logbook if they choose to participate in the trawl EM category. As these 20 catcher vessels may use the electronic logbook approved under OMB Control Number 0648-0515 instead of this paper logbook, they are also being added to OMB Control Number 0648-0515. If this rule is implemented, future supporting statements for these collections will reflect the actual number of vessels that choose to use each type of logbook.

The hourly wage rate has been updated from the rate submitted in the supporting statement for the proposed rule because update rates from the U. S. Bureau of Labor Statistics (BLS) are now available. The wage rate estimate of $24.21 is the most current rate available (May 2023) from the BLS for the Alaska mean hourly wage 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).

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)
Paper Catcher Vessel Trawl Daily Fishing Logbook	Operator of a Catcher Vessel	20	90	1,800	18 min.	540 hr	24.21	$13,073

13. 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).

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) = (a) x (h)
Paper Catcher Vessel Trawl Daily Fishing Logbook	20	90	1,800	Mail logsheets $5 x 4 qtrs = $20	$400

14. 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.

Annual costs include printing and mailing logbooks and personnel costs for review, data entry, and filing. As printing costs vary, an average cost of $14.62 per logbook is used based on recent printing costs for the logbooks. The tables below are from OMB Control Number 0648-0213. The estimates in these tables cover the small number of logbooks NMFS expects due to this rule. After this temporary collection is merged into -0213, these tables in future supporting statements for -0213 will reflect the actual number of vessels that choose to use the paper catcher vessel trawl DFL.

Cost Descriptions	Grade/Step	Loaded Salary /Cost	% of Effort	Fringe (if Applicable)	Total Cost to Government
Federal Oversight	—	—	—		$0
Other Federal Positions
Contractor Cost		—	—	—	$26,000
Travel					$0
Other Costs: Printing and mailing costs					$10,527
TOTAL					$36,527

Title	Form	Description	Costs
Paper Logbooks	Catcher vessel Trawl DFL	Printing costs: 1200 x $14.26 (2 booklets per respondent)	$17,112
		Review, data entry, filing quarterly = 10 min. (102 x 4 x 10 min. = 68 hours annually)
	Catcher vessel Longline/ Pot DFL	Printing costs: 800 x $14.26 (2 booklets per respondent)	$11,408
		Review, data entry, filing quarterly = 10 min. (109 x 4 x 10 min. = 73 hours annually)
	Catcher/ Processor Longline/ Pot DCPL	Printing costs: 100 x $14.26 (1 booklet per respondent)	$1,426
		Review, data entry, filing quarterly = 10 min. (4 x 4 x 10 min = 3 hours annually)
	Total costs to mail logbooks to each respondent		$1,636
Check-In/Out (CICO) Report	Shoreside Processor CICO Report	Review, data entry, filing = 10 min. (260 x 10 min = 43 hours annually)
	Mothership CICO Report	Review, data entry, filing = 5 min. (2 x 5 min = 10 min annually)
Product Transfer Report	Product Transfer Report	Review, data entry, filing = 2 min. (17,646 x 2 min = 588 hours annually)
Vessel Activity Report	Vessel Activity Report	Time per response = 3 min. (94 x 3 min = 5 hours annually)
Total for Collection			$31,582 ($10,527 annualized)

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

This request is for a new temporary information collection because of the timing of this rule (RIN 0648-BM40) and the three-year extension of OMB Control No. 0648-0213. This rule requires catcher vessels in the trawl EM category to submit a logbook. This requirement increases the total annual respondents, responses, and burden for the catcher vessel DFL because some catcher vessels less than 60 ft LOA currently do not submit a logbook. The tables below show how the annual respondents, responses, burden hours, and costs for the paper catcher vessel trawl DFL will be revised due to this rule once this temporary collection is merged into -0213. The labor costs were adjusted because the most current BLS hourly wage rate was used to calculate the costs.

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
Paper Catcher Vessel Trawl Daily Fishing Logbook	129	109	11,610	9,810	3,483	2,943	Program Change: The requirement for catcher vessels participating in the trawl EM category to submit a logbook adds up to 20 catcher vessels less than 60 ft LOA as new respondents for this logbook, which increases the total annual responses and burden hours.
Difference	20 (Program Change)		1,800 (Program Change)		540 hours (Program Change)

Information Collection	Labor Costs		Miscellaneous Costs		Reason for change or adjustment
	Current	Previous	Current	Previous
Paper Catcher Vessel Trawl Daily Fishing Logbook	$75,317	$62,244	$2,580	$2,180	Program Change: The new requirement for vessels to submit this logbook increases the respondents, which increases the labor costs and miscellaneous costs to this collection. Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.
Difference	$13,073 (Program change: $12,160; Adjustment: $913)		$400 (Program Change)

16. 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.

17. 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 the collection instrument.

18. 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).