PVIV ss 102008rev

SUPPORTING STATEMENT
PERMITTING, VESSEL IDENTIFICATION AND VESSEL MONITORING SYSTEM
REQUIREMENTS FOR THE COMMERCIAL BOTTOMFISH FISHERY IN THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
OMB CONTROL NO. 0648-xxxx
A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson Act) established
regional fishery management councils, including the Western Pacific Fishery Management
Council (Council), to develop fishery management plans for fisheries in the United States (U.S.)
exclusive economic zone (EEZ). These plans, if approved by the Secretary of Commerce, are
implemented by Federal regulations, which are enforced by the National Oceanic and
Atmospheric Administration (NOAA) and the U.S, Coast Guard (USCG), in cooperation with
State agencies to the extent possible. The fishery management plans are intended to regulate
fishing to ensure sustained productivity and achievement of optimum yield from the resources
for the benefit of the United States.
The Council prepared, and the Secretary approved and implemented through regulations at
50 CFR Part 665, an amendment to the Fishery Management Plan (FMP) for Bottomfish and
Seamount Groundfish Fisheries of the Western Pacific Region. The regulations require the
owners of commercial fishing vessels in the bottomfish fishery in the Commonwealth of the
Northern Mariana Islands (CNMI) to register their vessels to a valid Federal bottomfish permit
issued by the National Marine Fisheries Service (NMFS). This collection of information is
needed for permit issuance, to identify actual or potential participants in the fishery, determine
qualifications for permits, and to help measure the impacts of management controls on the
participants in the fishery. The permit program is also an effective tool in the enforcement of
fishery regulations and serves as a link between NMFS and fishermen.
The Federal vessel identification requirements were created for large commercial fishing vessels
to assist in aerial and at-sea enforcement of fishing regulations. The typical CNMI-based
commercial bottomfish vessel, however, is not large enough to have the superstructure or
deckhouse to support the Federal vessel identification markings. The proposed rule would
exempt CNMI-based commercial bottomfish vessels from the Federal vessel identification
requirements, if the vessels are less than 40 ft (12.2 m) long and in compliance with
vessel registration and marking requirements of the CNMI. Commercial CNMI bottomfish
vessels over 40 ft (12.2 m) would be required to be marked in compliance with Federal vessel
identification requirements.
Shipboard vessel monitoring system (VMS) units would be required on vessels over 40 ft (12.2
m). The VMS is an automated, satellite-based system that assists the NMFS Office for Law
Enforcement (OLE) and the USCG in monitoring compliance with CNMI closed areas in a
reliable and cost-effective manner.
This is a new request related to Proposed Rule, RIN: 0648-AV28, published on September 8,
2008, possibly to be merged in the future with OMB Control No. 0648-0490, Pacific Islands
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Region Permit Family of Forms. A related request for reporting and recordkeeping will be
submitted as a revision to OMB Control No. 0648-0214, Pacific Islands Region Logbook Family
of Forms.
2. Explain how, by whom, how frequently, and for what purpose the information will be
used. If the information collected will be disseminated to the public or used to support
information that will be disseminated to the public, then explain how the collection
complies with all applicable Information Quality Guidelines.
Permits
Information is collected via a NMFS permit application process. Permits are valid for one
calendar year and may be renewed annually. Information from the permit application form will
allow NMFS to confirm the identity of the permit holder and applicant, and to determine whether
the applicant qualifies for the permit. Vessel-related information such as vessel documentation or
registration, ownership, managing ownership, etc., are used by NMFS to determine whether the
applicant is an owner of a U.S. documented/registered vessel. The information may also be used
by OLE, the USCG, and the Council. Private information will not be disseminated to the public,
and will be reported only in non-confidential or aggregate form.
Vessel Identification and Vessel Monitoring System (VMS)
On a broad level, the VMS reports provide authorized users (primarily OLE and USCG) with the
near real-time vessel location and activity information. These reports are used to facilitate
enforcement of the area closures in the fishery, and may also be used to check the accuracy of
vessel position information reported by the vessel operator in the daily fishing logbooks required
by regulations. The information collected will not be disseminated to the public inasmuch as it is
primarily for use internally by authorized users (including personnel from OLE, NMFS, USCG,
and others per National Marine Fisheries Service Policy Directive Pd 06-101 June 17, 2006,
VMS Data Access and Dissemination Policy, and NOA 216-00, Protection of Confidential
Fisheries Statistics).
The information will not be disseminated to the public except in non-confidential or aggregate
form in summary and analytical reports. Any information that might be used to support publicly
disseminated information would first be aggregated and/or summarized to maintain the
confidentiality of the information pertaining to the individual vessels.
As explained in the preceding paragraphs, the information gathered has utility. NMFS will retain
control over the information and safeguard it from improper access, modification, and
destruction, consistent with Federal law and regulations, and NOAA policies for confidentiality,
privacy, and electronic information. See response to Question 10 of this Supporting Statement
for more information on confidentiality and privacy. The information collection is designed to
yield data that meet all applicable information quality guidelines. Prior to dissemination, the
information will be subjected to quality control measures and a pre-dissemination review
pursuant to Section 515 of Public Law 106-554.

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3. Describe whether, and to what extent, the collection of information involves the use of
automated, electronic, mechanical, or other technological techniques or other forms of
information technology.
Permits
At this time, the information will be collected on paper forms and the collection of information
does not require any knowledge of automated, electronic, mechanical or other forms of
information technology. Once this information collection request is approved, the permit
application forms will be posted at http://www.fpir.noaa.gov/SFD/SFD_permits_11.html for
downloading, filling and printing.
There is the possibility of allowing participants to submit their permit applications online to
NMFS, but this would only be an option. A web-based national fisheries permit system is
currently under development.
Vessel Identification
Vessel identification is done manually.
Vessel Monitoring System (VMS)
The VMS is an automated, satellite-based system that assists OLE and the USCG in monitoring
compliance with closed areas in a reliable and cost-effective manner. Electronic VMS shipboard
equipment installed permanently on board a vessel provides information about the vessel’s
position and activity. That information is communicated between the shipboard VMS unit and
the monitoring agency’s fishery monitoring center, where the identity and location of the vessels
are shown on a map display, comparing vessel positions with features of interest, such as closed
area boundaries.
4. Describe efforts to identify duplication.
Permits
There is no similar CNMI permit requirement for the commercial CNMI bottomfish fishery.
Vessel Identification
The information is not duplicative; it is a unique requirement for vessels over 40 feet (12.2 m)
participating in the commercial CNMI bottomfish fishery.
Vessel Monitoring System (VMS)
There is a similar comparable program for collection of real-time location information in the
Western Pacific pelagic longline fishery. Requiring vessel operators to report vessel locations at
sea would have been much more costly and difficult, and would have imposed a direct reporting
burden on the vessel operator. The VMS unit is passive and automatic, requiring no reporting
time of the vessel.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
Federal CNMI bottomfish permit applications would be available online and from Pacific Islands
Regional Office (PIRO) to reduce the burden of time spent applying or ordering by mail.
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Applications may be downloaded, filled, printed, and then mailed to NMFS. Permits will be
issued by NMFS and delivered via U.S. mail.
VMS units will be purchased, installed, and maintained by NMFS. Appointments for installation
and maintenance inspections will be arranged with the vessel owner and operator to minimize
time burden and business disruption by these activities. Also, at time of installation and
maintenance, NMFS will train the vessel owner and operator regarding VMS requirements to
minimize burden of learning and allow efficient use of vessel equipment that may be attached to
the VMS unit.
Vessel identification instructions provided by NMFS are straightforward and the task is to
minimize the burden of meeting the requirements.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Permits
Without this collection or if it is collected less frequently, NMFS would be unable to properly
evaluate activity, participation, and reporting compliance in the commercial CNMI bottomfish
fishery. It would be difficult to monitor the fisheries and their participants, determine entry and
exit patterns, and provide information needed to ensure full impact analysis for fisheries
management programs. Without this information, enforcement agents would not be able to
identify current fishery participants for compliance monitoring purposes and NMFS would be
unable to consult with permit holders on regulatory changes.
Vessel Identification
Vessel identification and VMS verification of activity via air and surface patrol would be
difficult for enforcement agencies.
Vessel Monitoring System (VMS)
If VMS is not operational, OLE, USCG, and cooperating states would be tasked with monitoring
CNMI fishing closed areas via air and surface patrols.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
None.

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8. Provide information on the PRA Federal Register Notice that solicited public comments
on the information collection prior to this submission. Summarize the public comments
received in response to that notice and describe the actions taken by the agency in response
to those comments. Describe the efforts to consult with persons outside the agency to obtain
their views on the availability of data, frequency of collection, the clarity of instructions
and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be
recorded, disclosed, or reported.
A proposed rule, RIN: 0648-AV28 (73 FR 51992), published on September 8, 2008, solicited
public comments on this submission. No comments of a substantive nature relating to this
collection were received.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payments or gifts are provided
10. Describe any assurance or confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
Under Section 402(b) of the Magnuson-Stevens Act, as amended in 2006, and NOAA
Administrative Order 216-100, information submitted in accordance with regulatory
requirements under the Act is confidential. This includes personal and proprietary information
contained in the permits, logbooks and sales reports. Respondents are informed of these
protections on the forms.
11. Provide additional justification for any questions of a sensitive nature, such as sexual
behavior and attitudes, religious beliefs, and other matters that are commonly considered
private.
No questions are asked of a sensitive nature.
12. Provide an estimate in hours of the burden of the collection of information.
Permits
NMFS expects to receive and process up to 125 permit applications for Federal CNMI
bottomfish permits each year. Applicants are expected to spend 30 minutes completing the
application, and renewing a permit would require 30 minutes annually. Thus, the total collectionof-information burden to fishermen for permit applications is estimated at 62.5 (63) hours per
year.
Vessel Identification
For the medium and large vessel identification requirements, the burden is estimated at 45
minutes to paint each vessel (15 minutes for each of three locations on the vessel where marking
is required). Assuming 6 medium and large bottomfish vessels are active, the total collection-ofinformation burden estimate is 4.5 (5) hours.
Total hours: 6 vessels x 45 min. per vessel = 5 hours.
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Vessel Monitoring System (VMS)
For the medium and large vessel VMS requirements, the estimated time per response is four
hours to install a VMS unit, and two hours per year to repair and maintain a VMS unit.
Assuming 6 medium and large bottomfish vessels are active, the total collection-of-information
burden estimate for compliance with VMS requirements is 24 hours the first year and 12 hours
annually after that. Averaged over three years, the annualized burden would be 16 hours.
Summary of Response and Hours
The total number of responses stated above and hours needed is summarized below.

Total number of responses:
125 applications + 6 vessel markings + VMS installation/maintenance for 6 vessels = 137.
Total number of hours: 63 + 5 + 16 = 84.
13. Provide an estimate of the total annual cost burden to the respondents or recordkeepers resulting from the collection (excluding the value of the burden hours in #12
above).
Permits
There is no Astart up@ capital cost for complying with this requirement. Paper forms provided by
NMFS will be used by the respondents for providing information. Electronic forms are an option
that will be provided later, but would be voluntary on the respondent’s part and presumably
would be used only if the respondent already possessed the requisite equipment. The maximum
estimated cost to respondents for postage, faxes, copies, etc., related to this collection is $75 per
year, or $0.60 per response.
Vessel Identification
For the medium and large vessel identification requirements, the burden is estimated at about
$10 for paint and supplies to paint each vessel. Assuming six medium and large bottomfish
vessels are active, the total collection-of-information burden estimate is $60.
Vessel Monitoring System (VMS)
There is no cost to the respondent.
Total costs: $75 + $60 = $135.
14. Provide estimates of annualized cost to the Federal government.
Permits
The estimated annual cost to the Federal government to administer this collection of information
is up to $1,250. This includes the cost to process permit applications and issue permits at $1,250
per year (125 permits x 30 min/permit x $20/hr).
Vessel Identification
No cost.
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Vessel Monitoring System (VMS)
The NMFS would pay for the shipboard VMS equipment, installation, maintenance, and official
communications. The estimated cost of the VMS for a projected six vessels over 40 ft would be
$48K for the purchase and installation of VMS units on these vessels, and approximately
$15K/yr for communications and maintenance costs. An additional one-time cost of $10K is
anticipated to design and implement the new closed areas in the VMS geographical information
system (GIS) platform, and to program the VMS units for proper reporting. The VMS figures are
approximate estimates at this time and reflect the geographical and logistical scenario presented
in terms of cost per installation.

15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
This is a new program.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
No formal scientific publications based on these collections are planned at this time. NMFS and
the Council will use the data (primarily in an aggregated, non-confidential format) for
developing management reports and fishery management plan amendments and evaluations.
However, subsequent use of the data collected over a series of years may include scientific
papers and publications.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons why display would be inappropriate.
N/A
18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
N/A

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
No statistical methods are employed.

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