0648-0330 (BM40) rev Supporting Statement A

0648-0330 (BM40) rev Supporting Statement A.docx

NMFS Alaska Region Scale and Catch Weighing Requirements

OMB: 0648-0330

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SUPPORTING STATEMENT

U.S. Department of Commerce

National Oceanic & Atmospheric Administration

NMFS Alaska Region Scale & Catch Weighing Requirements

OMB Control No. 0648-0330


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 revision of this currently approved information collection.

This collection is revised due to the final rule to implement electronic monitoring 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 collection is revised because this rule requires shoreside and stationary floating processors to have an approved Catch Monitoring and Control Plan (CMCP) in place before receiving deliveries from catcher vessels and tender vessels participating in the trawl EM category. This increases the respondents for the CMCP annual submission and printed report. With this revision, NMFS added a template that a processer may use to develop their CMCP. Minor editorial and formatting changes were made to this template from the proposed rule to the final rule. The hourly wage rate in the response to question #12 was updated to use the most current rate available from the U.S. Bureau of Labor Statistics.

This final rule also affects information collection requirements approved under OMB Control Numbers -0213, -0318, -0515, and -0711. NMFS is submitting separate requests to revise these collections.




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.

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 Program (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-BM40)


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 electronic monitoring 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 collection is revised because this final rule requires all shoreside processors and stationary floating processors receiving pollock from vessels in the trawl EM category to have an approved CMCP in place before receiving deliveries from catcher vessels or tender vessels in the trawl EM category. Processors will indicate annually during their CMCP process whether they intend to receive deliveries, or use tenders to receive deliveries, from vessels in a trawl EM category.


NMFS estimates at least five processors that that do not currently submit a CMCP will begin doing so due to this rule. Some processors that receive deliveries from vessels in the trawl EM category already submit a CMCP because they currently receive deliveries from AFA catcher vessels, which requires submission of the CMCP. This revision adds five respondents to the CMCP annual submission and CMCP printed record from scales used to weight catch, which increases the total annual responses and burden for this collection.


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.


This rule also affects information collection requirements approved under OMB Control Numbers -0213, -0318, -0515, and -0711. NMFS is submitting separate requests to revise these collections.


Changes from the Proposed Rule to Final Rule


Two changes were made from the proposed rule to the final rule.

  • Minor editorial and formatting changes were made to the new CMCP template from the proposed rule to the final rule. The changes were made to make it more practical and clarify the information needed to develop a CMCP. The Public Burden Statement was updated to include a short sentence identifying the purpose of the template. These changes did not affect the number of respondents, responses, or burden for the CMCP.

  • The hourly wage rate in the response to question #12 was updated to use the most current rate available from the U.S. Bureau of Labor Statistics.


  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 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.


Catcher/Processors Catch Weighing and Monitoring Systems

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 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).


Voluntary Catch Weighing and Monitoring Options for BSAI pot gear catcher/processors in the BSAI. In 2023, NMFS revised the monitoring requirements for pot gear catcher/processors participating in BSAI groundfish to include voluntary monitoring options fisheries (88 FR 43072, July 6, 2023). This action improves observer data collection by requiring participants to carry a Level 2 observer and comply with pre-cruise meeting notifications, and by requiring certification and testing standards for participants choosing any of the following voluntary monitoring options: providing observer sampling stations, installing motion-compensated platform and flow scales, and carrying additional observers on the vessel. Vessels choosing the voluntary observer sampling station option § 679.101(c)(1) must provide a certified observer sampling station with a NMFS-approved motion compensated platform (MCP) scale for the observer’s use. Vessels choosing the scales option § 679.101(c)(3) must provide a motion-compensated, NMFS-approved scale to measure total catch of Pacific cod, in conjunction with using an MCP scale for testing, using electronic logbook (OMB Control No. 0648-0515), and using video monitoring.

#1. Scale Type Evaluation

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

#2. Installation and Maintenance of Motion-compensated At-sea Scales

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.

#3. Installation and Maintenance of Video Monitoring Systems

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.

#4. Installation and Maintenance of Observer Sampling Stations

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.

#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.


#6. Notify the Observer of Daily Scale Tests


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).


#7. Record of Daily Flow Scale Test


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).


#8. Record of Daily Automatic Hopper Scale Tests


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).


Printed Reports from Flow Scale


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.

Printed Reports from the Hopper Scale


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 Program 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


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.



#16. Notification of Pacific Cod Freezer Longline Monitoring Option

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.


The information collected on this form identifies the vessel, provides contact information for the vessel owner or operator, and uses check boxes to either opt out or select one of the monitoring options.

Shoreside and Floating Processor Catch Monitoring Systems

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

Catch Monitoring and Control Plan (CMCP)

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. Regulations for the CMCP are at § 679.28(g). 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 [REVISED: Added shoreside processors and stationary floating processors receiving deliveries from catcher vessels and tender vessels in the trawl EM category. Added a template that processors can use to develop their CMCP.]


Currently, 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 and CDQ pollock

  • Aleutian Islands directed pollock

  • Central GOA Rockfish Program.


The final rule (RIN 0648-BM40) adds § 679.28(g)(2)(iv) that requires shoreside processors and stationary floating processors to have an approved CMCP in place before receiving deliveries from catcher vessels and tender vessels in the trawl EM category. Processors will indicate annually during their CMCP process whether they intend to receive deliveries, or use tenders to receive deliveries, from vessels in the trawl EM category. The CMCP ensures that observers can collect fishery data and biological information related to catch and prohibited species. Additionally the CMCP facilitates communication between the processors and the observers collecting data related to the pollock fishery.


Some processors that will receive deliveries from vessels in the trawl EM category already submit a CMCP because they receive fish harvested in the AFA fishery. NMFS expects at least five processors that do not currently submit a CMCP will begin doing so due to this final rule. This rule does not change the burden or cost estimates for the CMCP. The burden per response is estimated to average 40 hours for the new participants required to submit a CMCP and in the first two years after implementation for existing CMCPs, but in the following years the burden is expected to be reduced.

There is no form for the CMCP annual submission but with this revision a template has been created for processors to use to develop a CMCP. NMFS will post this template on the NMFS AKR website.


The components that must be included in a CMCP are currently at 679.28(g)(7), but this rule clarifies and reorganizes the regulations to be at § 679.28(g)(7) through (g)(10). The CMCP includes 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; description of the delivery point; observer sampling station; description of communication equipment used to facilitate communications between the plant personnel and the observer; identification of staff responsible for ensuring reasonable assistance is provided to observers; scale drawing of the plant showing locations in the CMCP; and plant liaison. CMCPs for processors receiving deliveries from vessels fishing in the Rockfish Program include a description of how the CMCP specialist will be notified of deliveries. CMCPs for processors receiving AFA pollock and CDQ pollock—and after this rule is implemented, trawl EM deliveries—also include additional information for monitoring salmon.


This rule also revises § 679.28(g)(3) to clarify that NMFS may do an inspection, as external factors may prevent an in-person inspection of a processor in a given year. Currently, 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.


#18. CMCP Addendum


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 CMCP addendum includes the name and contact information of the person submitting the addendum and a description of the proposed CMCP change.


#19. Printed Record from Scales Used to Weigh Catch [Revised: Increased the number of respondents.]


This rule (RIN 0648-BM40) increases the number of responses for the printed record. NMFS estimates an additional five processors will submit a CMCP due to the rule. These five processors are added as respondents for the printed record.


Regulations at § 679.28(c)(3)(ii) require that 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.


#20. Notify Observer of Bering Sea Pollock or Pollock CDQ Delivery

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.


Crab Monitoring Plan (CMP)


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.


#22. CMP Addendum

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.


#23. Printed Record from Scales Used to Weigh Crab


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.


  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.


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





  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 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.

  1. 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.


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 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.


  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 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.


  1. 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.


  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 (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 made regarding the information collection.


  1. 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.


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


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

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

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


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


This information collection does not involve information of a sensitive nature.


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


NMFS expects at least five processors that do not currently submit a CMCP to begin doing so due to this rule (RIN 0648-BM40); therefore, five respondents and five responses have been added to the CMCP annual submission in the table below. These processors have also been added to the number of respondents for the CMCP printed record from scales used to weigh catch, which increases the number of responses. Other processors expected to receive deliveries from catcher vessels and tender vessels participating in the trawl EM category are already included in the totals below because they currently receive deliveries from AFA catcher vessels, which requires submission of the CMCP.


The hourly wage rate has been updated from the rate submitted in the supporting statement for the proposed rule because updated rates from the U. S. Bureau of Labor Statistics (BLS) are now available. The hourly 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).

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

24.21

1,211


Installation and Maintenance









2

At-Sea Scales (maintenance only)


65

1

65

1 Minute

1

24.21

24

3

Video Monitoring System (installation)


0

0

0

12 hours

0

24.21

0

4

Video Monitoring System (maintenance)

Vessel Operator

62

1

62

1 Minute

1

24.21

24

5

Observer Sampling Station (installation)


0

0

0

12 hours

0

24.21

0

6

Observer Sampling Station (maintenance)


65

1

65

1 minute

1

24.21

24

7

Inspection Request Form (Observer Sampling Station, Video, Bin Monitoring and At-Sea Scales)

Vessel Operator

65

1

65

10 Minutes

11

24.21

266


Daily Scale Tests

 

Vessel Operator 

 

 

 

 

 

 



8

Observer Notification

62

200

12,400

2 Minutes

413

24.21

9,999

9

Record of Daily Flow Scale Tests

62

250

15,500

10 Minutes

2,583

24.21

62,534

10

Record of Daily Hopper Scale Tests

3

135

405

10 Minutes

68

24.21

1,646


Printed Reports - Flow Scale

 

 

 Vessel Operator

 

 

 

 

 

 



11

Catch & Cumulative Weight

65

200

13,000

1 Minute

217

24.21

5,254

12

Audit Trail

65

1

65

1 Minute

1

24.21

24

13

Calibration Log

65

1

65

1 Minute

1

24.21

24

14

Fault Log

65

1

65

1 Minute

1

24.21

24


Printed Reports - Hopper Scale


 

 

 

 

 



15

Catch Weight

 Vessel Operator

3

135

405

1 Minute

7

24.21

170

16

Audit Trail

 

3

1

3

1 Minute

1

24.21

24

17

Video Monitoring Data Submission

Vessel Operator

65

1

65 

 2 hours

 130

24.21

3,147

18

Notification of Pacific Cod Monitoring Option

Vessel Operator

1

1

1

10 Minutes

1

24.21

24


CMCP

 

 Plant Manager


 

 

 

 

 



19

Annual Submission

17

1

17

40 Hours

680

24.21

16,463

20

CMCP Addendum

1

1

1

8 Hours

8

24.21

194

21

Printed Record from Scale

17

135

2,295

1 Minute

38

24.21

920

22

Notify Observer

7

135

945

1 Minute

16

24.21

387


CMP

 

Plant Manager 

 

 

 

 

 

 



23

Annual Submission

9

1

9

16 Hours

144

24.21

3,486

24

CMP Addendum

1

1

1

8 Hours

8

24.21

194

25

Printed Record from Scale

9

135

1,215

1 Minute

20

24.21

484


Totals

 

 

 

46,715

 

4,401

 

$106,547


  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).


The table below depicts cost estimates associated with the respondent’s operations. The miscellaneous costs to respondents varies due to size and configuration 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

4

Video Monitoring System3 (maintenance)

62

1

62

$2,500

$155,000

5

Observer Sampling Station (installation)

0

0

0

0

0

6

Observer Sampling Station4 (maintenance)

65

1

65

0

0

7

Inspection Request Form (Observer Sampling Station, Video, Bin Monitoring and At-Sea Scales)5

65

1

65

$5

$325


Daily Scale Tests

 

 

 

 

 

8

Observer Notification

62

200

12,400

0

 0

9

Record of Daily Flow Scale Tests

62

250

15,500

0

 0

10

Record of Daily Hopper Scale Tests

3

135

405

0

0


Printed Reports - Flow Scale6

 

 

 

 

 

11

Catch & Cumulative Weight

65

200

13,000



12

Audit Trail

65

1

65

$63

$4,095 

13

Calibration Log

65

1

65


 

14

Fault Log

65

1

65


 


Printed Reports - Hopper Scale6

 

 

 

 

$63

 

$189 

15

Catch Weight

3

135

405

16

Audit Trail

3

1

3

17

Video Monitoring Data Submission 7

65

1

 65

$15

 $975

18

Notification of Pacific Cod Monitoring Option5

1

1

1

$10

$10


CMCP

 

 

 

 

 

19

Annual Submission5

17

1

17

$10

$170

20

CMCP Addendum5

1

1

1

$10

$10

21

Printed Record from Scale6

17

135

2,295

$63

$1,071

22

Notify Observer

7

135

945

0

 0


CMP

 

 

 

 

 

23

Annual Submission5

9

1

9

$10

$90

24

CMP Addendum5

1

1

1

$10

$10

25

Printed Record from Scale6

9

135

1,215

$63

$567


Totals

 83 unique respondents


 46,715

 

$684,787

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).



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


The 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



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


The tables below identify the program changes made to this collection due to the final rule (RIN 0648-BM40). NMFS expects five processors to begin submitting a CMCP, which increases the respondents for the CMCP annual submission and the CMCP printed record from scales used to weigh catch. The labor costs were adjusted because the most current BLS hourly wage rate was used to calculate the costs.


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

0

0

0

0

No change


Video Monitoring System (maintenance)

62

62

62

62

1

1

No change

4

Observer Sampling Station (installation)

0

0

0

0

0

0

No change


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

No change

16

Notification of Pacific Cod Monitoring Option

1

1

1

1

1

1

No change


CMCP



17

Annual Submission

17

12

17

12

680

480

Program change: NMFS estimates the rule adds 5 respondents to this collection, which increases the total annual responses and burden hours.

18

CMCP Addendum

1

1

1

1

8

8

No change

18

Printed Record from Scale

17

12

2,295

1,620

38

27

Program change: NMFS estimates the rule adds 5 respondents to this collection, which increases the total annual responses and burden hours.

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* 

 83*

46,715

 46,035

 4,401

 4,190

 


Difference

0

680

(Program change)

211

(Program change)

 

* 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

1,211

1,126

 12,025

12,025

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.


Installation and Maintenance



 


2

At-Sea Scales (maintenance only)

24

23

 510,250

510,250

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

3

At-Sea Scales Video Monitoring System (Installation)

0

0

0

0

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.


At-Sea Scales Video Monitoring (maintenance only)

24

23

 155,000

155,000

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

4

Observer Sampling Station (installation)

0

0

0

0

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.


Observer Sampling Station (maintenance)

24

23

0

0

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

5

Inspection Request Form (Observer Sampling Station, Video, Bin Monitoring and At-Sea Scales)

266

248

325

325

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.


Daily Scale Tests






6

Observer Notification

9,999

9,301

0

0

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

7

Record of Daily Flow Scale Tests

62,534

58,169

0

0

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

8

Record of Daily Hopper Scale Tests

1,646

1,531

0

0

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.


Printed Reports - Flow Scale






9

Catch & Cumulative Weight

5,254

4,887



Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

10

Audit Trail

24

23



Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

11

Calibration Log

24

23

4,095

4,095

Costs for flow scale printed reports logged here. Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

12

Fault Log

24

23



Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.


Printed Reports - Hopper Scale






13

Catch Weight

170

158



Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

14

Audit Trail

24

23

189

189

Costs for hopper scale printed reports logged here. Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

15

Video Monitoring Data Submission

3,147

2,928

975

975

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

16

Notification of Pacific Cod Monitoring Option

24

23

10

10

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.


CMCP




17

Annual Submission

16,463

10,810

170

120

Program change: The revision due to the rule increases the respondents, which increases the total labor costs.

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

18

CMCP Addendum

194

180

10

10

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

18

Printed Record from Scale

920

608

1,071

756

Program change: The revision due to the rule increases the respondents, which increases the total labor costs.

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

20

Notify Observer

387

360

0

0

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.


CMP




21

Annual Submission

3,486

3,243

90

90

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

22

CMP Addendum

194

180

10

10

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

23

Printed Record from Scale

484

450

567

567

Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.

Total for Collection

$106,547

 $94,363

$684,787

$684,422

 

Difference

$12,184

(Program change: $4,751; Adjustment $7,433)

$365

(program change)

 



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


The information collected will not be published.


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


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


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

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


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