0401 ss rev 042307v2

SUPPORTING STATEMENT
ALASKA COOPERATIVES IN THE BERING SEA AND ALEUTIAN ISLANDS
OMB CONTROL NO.: 0648-0401

INTRODUCTION
National Marine Fisheries Service (NMFS) manages the groundfish fisheries in the Exclusive
Economic Zone (EEZ) of the Bering Sea and Aleutian Islands Management Area (BSAI). The
North Pacific Fishery Management Council (Council) prepared the Fishery Management Plan for
Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.
(Magnuson-Stevens Act) as amended by Public Law 109-479. Regulations implementing the
FMP appear at 50 CFR part 679. On October 21, 1998, the President signed into law the
American Fisheries Act, 16 U.S.C. 1851 (AFA) which imposed major structural changes on the
BSAI pollock fishery.
Amendment 84 proposes a management program, called the salmon bycatch reduction intercooperative agreement (ICA), which would enable the pollock fleet to utilize its internal
cooperative structure to reduce salmon bycatch. If Amendment 84 is approved and
implemented, salmon savings area closures would not apply to vessels that operate under a
salmon bycatch reduction ICA.
BACKGROUND
Pacific salmon are caught incidentally in the BSAI trawl fisheries, especially in the pollock
fishery. Of the five species of Pacific salmon, Chinook salmon (Onchorynchus tshawytscha) and
chum salmon (O. keta) are most often incidentally caught in the pollock fishery. Pacific salmon
are placed into two categories for purposes of salmon bycatch management: Chinook and nonChinook. The non-Chinook category is comprised of chum, sockeye (O. nerka), pink (O.
gorbuscha), and coho (O. kisutch) salmon. However, from 2001 through 2004, chum salmon
represented about 98% of non-Chinook salmon harvested incidentally in the pollock trawl
fishery. For convenience, all non-Chinook salmon are referred to as chum salmon.
The Chinook and Chum Salmon Savings Areas were adopted by the Council based on historic
observed salmon bycatch rates and were designed to avoid high spatial and temporal levels of
salmon bycatch in the BSAI trawl fisheries. The Chinook Salmon Savings Area (see Figure 8 to
50 CFR part 679) closes when a total BSAI Chinook salmon trawl bycatch reaches a certain
number of fish. The Chinook Salmon Savings Area is divided into two subareas. The Aleutian
Islands subarea is designated area 1; the Bering Sea subarea is designated as area 2.
The Chum Salmon Savings Area (see Figure 9 to 50 CFR part 679) is closed to all trawling from
August 1 through August 31 of each year. Additionally, if a certain number of non-Chinook
salmon are caught in the Catcher Vessel Operational Area (CVOA) during the period August 15
through October 14, the area remains closed for the remainder of the calendar year.

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A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
The ICA would be defined as a voluntary civil agreement among pollock cooperatives, Western
Alaska Community Development Quota (CDQ) groups, and western Alaska subsistence salmon
user groups that is intended to coordinate the pollock fishery in a manner that reduces incidental
catch rates of salmon. The ICA would be incorporated into existing cooperative agreements
among participants in the AFA BSAI pollock fishery.
The purpose of the ICA is to use real-time salmon bycatch information to avoid unacceptably
high incidental catch rates of chum and Chinook salmon. All parties to the ICA would agree to
comply with ICA provisions, including requirements to retain the services of a private contractor
to collect and analyze bycatch data and report salmon bycatch information to the ICA parties.
The ICA would require that the bycatch rate of a participating cooperative be compared to a predetermined bycatch rate (base rate). All ICA provisions for fleet bycatch avoidance behavior,
closures, and enforcement would be based on the ratio of the cooperative’s rate to the base rate.
An ICA cooperative would be assigned to one of three tiers based on its bycatch rate relative to
the base rate. Higher tiers correspond to higher bycatch rates. Tier assignments determine
access privileges to specific fishing areas.
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 applicable NOAA Information Quality Guidelines.
a. Salmon Bycatch Reduction Inter-Cooperative Agreement (ICA)
In order for any ICA participant to be exempt from salmon savings area closures as described at
§ 679.21(e)(7)(ix)(A), § 679.21(e)(7)(ix)(B) and § 679.22(a)(10), the ICA must be approved by
NMFS. The initial ICA must be received by NMFS by December 1, 2007, for the 2008 fishing
year and the ICA would remain in effect until it expires or is amended. An amendment of the
ICA would require submission of an amended ICA signed by all parties and approval of the
amended ICA by NMFS. Exemptions from salmon savings area closures will expire upon
termination of the initial ICA, expiration of the initial ICA, or if superseded by an approved
amended ICA.
The ICA representative must submit a signed copy of the initial ICA and any amended ICA to
the NMFS Alaska Region. The mailing address for the Regional Administrator, NMFS Alaska
Region is P.O. Box 21668, Juneau, AK 99802. The street address for courier delivery is 709
West 9th St., Suite 401, Juneau, AK 99801.
NMFS will approve the initial or an amended ICA if it meets all the specified requirements. If
NMFS disapproves an ICA, the representative may resubmit a revised ICA or file an
administrative appeal.

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Renewal letter
If an ICA was previously filed with NMFS, then the ICA representative may submit a renewal
letter to NMFS by the filing deadline in lieu of an ICA. The renewal letter must provide notice
that the previously filed ICA will remain in effect for the subsequent fishing year. The renewal
letter also must detail any material modifications to the ICA that have been made since the last
filing including, but not limited to, any changes to vessels participating in the ICA.
Salmon bycatch reduction inter-cooperative agreement (ICA)
Names of the AFA cooperatives, CDQ groups, and third party groups that are parties to the ICA
Name of one entity retained to facilitate vessel bycatch avoidance behavior and information sharing.
Name(s), Federal fisheries permit numbers, and USCG documentation number(s) of vessels subject to ICA
Provisions that dictate salmon bycatch avoidance behaviors for vessel operators subject to the ICA, including
“A” season salmon bycatch management.
Initial base rate calculation for Chinook salmon
Inseason adjustments to the Chinook salmon base rate calculation
ICA salmon savings area notices
Fishing restrictions for vessels assigned to Tiers
“B” season salmon bycatch management.
“B” season Chinook salmon
Non-Chinook salmon
Inseason adjustments to the non-Chinook base rate calculation
ICA salmon savings area notices
Fishing restrictions for vessels assigned to Tiers
Cooperative tier assignments.
Internal monitoring and enforcement provisions to ensure compliance of fishing activities with the
provisions of the ICA, including a penalty schedule for violations to the terms and agreements.
The ICA must include provisions allowing any party of the ICA to bring suit or initiate a binding
arbitration action against another for breach of the agreement. The ICA must include minimum
annual uniform assessments for any violation of savings area closures of $10,000 for the first
offense, $15,000 for the second offense, and $20,000 for each offense thereafter;
Name, telephone number, and business address of the ICA representative
Provisions requiring the parties to conduct an annual compliance audit, and to cooperate fully
in such audit, including providing information required by the auditor.
Provisions requiring data dissemination in certain circumstances.

ICA, Respondent
Number of respondents
Total annual responses
Responses per year = 1
Total burden hours
Estimated time per response = 40 hr for initial
application; 15 minutes for renewal letters, years 2
and 3; annualized = 13.5 hours (14)
Total personnel cost
Cost per hour = $25
Total miscellaneous cost ($1.67)
Photocopy (10 pp x .05 x 1=0.50)
Postage (1.17 x 1=1.17)

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1
1
14

$350
$2

ICA, Federal Government
Total annual responses
Total burden hours
Estimated time per response = 2 hr for initial
application; 15 minutes for renewal letters, years 2
and 3; annualized = 0.83 hours (1)
Total personnel cost
Cost per hour = $25
Total miscellaneous cost

1
1

$25
0

Annual preliminary and final reports
The purposes of the preliminary and final reports are to provide the Council information upon
which decisions are made on coop allocations and on sideboard protection measures. Each
fishery cooperative must submit a preliminary report, covering fishing activities through
November 1, by December 1 of each year, and a final report by February 1 of the following year
to:
North Pacific Fishery Management Council
605 West 4th Ave, Suite 306
Anchorage, AK 99501
Annual reports must be postmarked by the submission deadline or received by a private courier
service by the submission deadline. The final report may be the preliminary report with a title
change or it may incorporate additional material.
Each cooperative collects and summarizes information on its allocated target species all through
the year. A private company performs parallel accounting of “sideboard” species for each
cooperative. Sideboard species are non-pollock groundfish species allocated annually as
incidental catch to AFA and other fishery cooperatives. A summary of each cooperative’s target
species and sideboard information is done by another private company which maintains
comparable analyses of cooperatives compared with each other in order to keep any one and all
cooperatives from overfishing. All three types of information for each cooperative are included
in the preliminary and final reports.
Cooperative Preliminary and final written reports must include:
Cooperative's allocation of pollock and sideboard species
Any sub-allocations of pollock and sideboard species made by the cooperative on a vessel-by-vessel basis
Cooperative's actual retained catch and discards of pollock, sideboard species, and prohibited species catch
(PSC) on an area-by-area and vessel-by-vessel basis
Description of the cooperative’s method to monitor fisheries in which cooperative vessels participate
Description of any cooperative’s actions taken in response to vessels that exceed their allowed catch and
bycatch in pollock and all sideboard fisheries
Total weight of pollock landed outside State of Alaska waters on a vessel-by-vessel basis
Number of violations of the ICA, the nature of those violations, and the penalty imposed, if any, against the
violating entity

If the Council determined that the salmon ICA did not effectively reduce salmon bycatch, it
could initiate a separate action to accomplish salmon bycatch reduction goals. Additionally,
NMFS is concerned about the effective execution of the terms and conditions of the ICA. To
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address these concerns, regulations at § 679.61(f)(2)(vi) would require AFA preliminary and
annual reports to include additional information:
ICA additions to Preliminary and Annual reports
Number of salmon taken by species and season
Estimated number of salmon avoided as demonstrated by the movement of fishing effort away from salmon
savings areas
Results of the compliance audit
List of number of appearances vessels appeared on the weekly dirty 20 lists for both salmon species
Number of violations of the ICA and the nature of those violations
Penalty imposed, if any, against the violating party.

b. Cooperative preliminary report
Only the increases due to the new salmon ICA information requirement are shown for burden
hours, personnel costs, and miscellaneous costs. The number of respondents does not change
with this new requirement.
Cooperative preliminary report, Respondent
Estimated number of respondents
Total annual responses
Estimated responses per respondent = 1
Total burden hours
Estimated hours per response = 8
Total personnel cost
Personnel cost per hour = 25
Total miscellaneous cost (2.20)
Annual photocopy (2 pg x .10 x 11=2.20)
Cooperative preliminary report, Federal Government
Total annual responses
Total burden hours
Estimated hours per response = 1 hr
Total personnel cost
11 x $25 = $275
Total miscellaneous cost
Photocopy 2 copies for public (2 x 2 x 0.10 = 0.40)

11
11
88
$2,200
$2

11
11
$275
$1

c. Cooperative final report
Only the increases due to the new salmon ICA information requirement are shown for burden
hours, personnel costs, and miscellaneous costs. The number of respondents does not change
with this new requirement.

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Cooperative final report, Respondent
Estimated number of respondents
Total annual responses
Estimated responses per respondent = 1
Total burden hours
Estimated hours per response = 4
Total personnel cost
Personnel cost per hour=25
Total miscellaneous costs (2.20)
Annual photocopy (2 pg x .10 x 11=2.20)
Cooperative final report, Federal Government
Total annual responses
Total burden hours
Estimated hours per response = 1 hr
Total personnel cost
(11 x $25 = $275)
Total miscellaneous cost
Photocopy 2 copies for public (2 x .10 x 2 = 2.40)

11
11
44
$1,100
$2

11
11
$275
$2

d. Appeals
NMFS would not enforce provisions of the salmon ICA. However, these proposed regulations
would require the ICA to include basic provisions necessary to reduce salmon bycatch in the
pollock fisheries. Additionally, NMFS would review the ICA for compliance with regulations.
NMFS will approve the initial or an amended salmon ICA if it meets all the requirements
specified in regulations. If NMFS disapproves a salmon ICA, the participants may submit a
revised salmon ICA or file an administrative appeal as set forth under the administrative appeals
procedures described at § 679.43
ICA appeals, Respondent
Number of respondents
Total annual responses
Responses per year = 1
Total burden hours
Estimated time per response = 4 hr
Total personnel cost
Cost per hour = $25
Total miscellaneous cost ($1.67)
Photocopy (10 pp x .05 x 1=0.50)
Postage (1.17 x 1=1.17)
ICA appeals, Federal Government
Total annual responses
Total burden hours
Estimated time per response = 2 hr
Total personnel cost
Cost per hour = $25
Total miscellaneous cost

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1
1
4
$100
$2

1
2
$50
0

It is anticipated that the information collected will be disseminated to the public or used to
support publicly disseminated information. As explained in the preceding paragraphs, the
information gathered has utility. National Oceanic and Atmospheric Administration (NOAA)
NMFS will retain control over the information and safeguard it from improper access,
modification, and destruction, consistent with NOAA standards for confidentiality, privacy, and
electronic information. See response #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.
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.
ICAs and appeals require a signature, and therefore may not be sent by fax or email. The reports
may be sent by email.
4. Describe efforts to identify duplication.
None of the information collected as part of this information collection duplicates other
collections. This information collection is part of a specialized and technical program that is not
like any other.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
This collection-of-information does not impose a significant impact on small entities.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
If the information were not collected annually, NMFS would be unable to implement and
maintain the ICA, and therefore to reduce salmon bycatch in the pollock trawl fishery.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
No special circumstances exist.

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8. Provide a copy of 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.
The NMFS Alaska Region will submit a proposed rule (RIN 0648-AU03) coincident with this
submission, requesting comments from the public
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payment or gift is provided under this program.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
The information collected is confidential under section 402(b) of the Magnuson-Stevens Act. It
is also confidential under NOAA Administrative Order 216-100, which sets forth procedures to
protect confidentiality of fishery statistics.
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.
This information collection does not involve information of a sensitive nature.
12. Provide an estimate in hours of the burden of the collection of information.
Estimated total respondents: 11. Estimated total responses: 167, increased from 165. Estimated
total burden: 470 hr, increased from 320 hr. Estimated total personnel costs: $11,750, increased
from $8,000.
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).
Estimated total miscellaneous costs: $225, increased from $216.
14. Provide estimates of annualized cost to the Federal government.
Estimated total burden: 48 hr, increased from 23 hr. Estimated total personnel cost: $1,201
increased from $576. Estimated total miscellaneous cost: $47, increased from $44.

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15. Explain the reasons for any program changes or adjustments reported in Items 13 or
14 of the OMB 83-I.
The salmon ICA is a new management approach to the AFA cooperatives. The Interagency
Agreement adds one response, 14 hours and $2 in miscellaneous costs. Additional burden and
costs for the cooperative preliminary and final reports are 132 hours and $4, and the appeal of
disapproval of a Salmon ICA adds 4 hours and $2. Total increases due to this revision are 150
hours and $8 (rounded up to $9 in ROCIS).
16. For collections whose results will be published, outline the plans for tabulation and
publication.
The results of this collection-of-information will not be published.
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.
The ICA, preliminary report, final report, and ICA appeals are not forms; therefore, the
expiration date is not displayed.
18. Explain each exception to the certification statement identified in Item 19 of the
OMB 83-I.
The ICA, preliminary report, final report, and ICA appeals are not forms; therefore, the
certification statement is not displayed.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection does not employ statistical methods.

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