SGFS ss part A 090209rev

SUPPORTING STATEMENT
SNAPPER-GROUPER FISHERY OF THE SOUTH ATLANTIC REGION
AMENDMENT 15B
OMB CONTROL NO. 0648-xxxx

INTRODUCTION
The National Oceanic and Atmospheric Administration (NOAA) and NOAA’s National Marine
Fisheries Service (NMFS) have been delegated the authority and responsibility for stewardship
of the marine resources of the Nation. The authority was first granted in the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) of 1976. The
reauthorizations of the Magnuson-Stevens Act in 1996 and 2006 continued and in some way
extended this authority. Under this authority, the Secretary of Commerce, and his designee,
NMFS, has promulgated separate rules that require specific types of record keeping and data
submissions. These data collection/submission regulations are intended to provide reliable and
accurate information from the fishing industry and communities that support scientifically viable
management actions to achieve the stewardship responsibilities, including monitoring bycatch in
various fisheries.
The first step in reducing and minimizing bycatch is to characterize the magnitude and species
composition of animals that are discarded. The United States (U.S.) Congress established
Section 303(a) (11) of the Magnuson-Stevens Act, which states that any Fishery Management
Plan (FMP) prepared by any Council, or by the Secretary of Commerce, with respect to any
fishery, shall “establish a standardized reporting methodology to assess the amount and type of
bycatch occurring in the fishery...” To support this mandate, the National Standard Guidelines
call for development of a database for each fishery to house bycatch and bycatch mortality
information (63 FR 24212).
NMFS defines a standard bycatch reporting methodology as a description of both the data
collection and analyses used to estimate bycatch in a fishery. Development of a standardized
reporting methodology will ensure the collection and distribution of timely, reliable, and
standardized bycatch data to the public and policy decision-makers. Currently there is no such
methodology fully implemented for the southeast snapper-grouper fishery due to a lack of
adequate funding. During the 1990s, there were a number of ad hoc studies to estimate bycatch
in the South Atlantic. The Council is seeking to implement a long-term, standardized monitoring
and assessment program as part of this snapper-grouper amendment.
The need for information to support fishery management decisions, including information from
at-sea observer programs and/or, logbooks, electronic logbooks (ELB), and video monitoring is
increasing due to demands for additional data. The information collected is vital in assessing the
economic, social, and environmental effects of the fishery management decisions and regulations
for commercial, for-hire, and private recreational fisherman. Amendment 15B to the SnapperGrouper Fishery of the South Atlantic Region (Amendment 15B), will be implemented through
Proposed Rule 0648-AW12, seeks to enhance data needed to monitor bycatch, support
development and monitoring of annual catch limits, and providing adequate data for stock
assessments. However, monies are currently not available to fund and implement these
programs.
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Currently, data collection using logbooks and trip reports in the South Atlantic snapper-grouper
fishery is limited to the commercial and for-hire sectors. No logbook reporting is required for
the private recreational sector; however, the Marine Recreational Fishing Statistics Survey
(MRFSS) does collect data at random from the private recreational sector. No other means of
data collection have been implemented for the private recreational fishery, and there has never
been a requirement for observer coverage, video monitoring, or ELBs. In order to supplement
available data on catch in the South Atlantic snapper-grouper fishery, the South Atlantic Fishery
Management Council (Council) voted to select any or all of the following as means of gathering
bycatch data in the commercial, for-hire, and private recreational sectors of the fishery, which
require Office of Management and Budget (OMB) approval: 1) Submission of logbooks by
private recreational vessel owners; 2) observer coverage with notification of vessel trips related
to vessel observers; 3) ELBs and video monitoring with preparation of vessel and gear
characterization forms for vessels selected to participate in the ELB and video monitoring
program along with installation of ELBs and data downloads. However, at this time, although we
have information on the number of trips by private recreational vessels, we have no way of
determining the number of vessels involved, as state registration for private recreational vessels
does not include information on whether there are fishing trips in the exclusive economic zone
(EEZ). There is also currently no way to enforce the above information collection requirements
for private recreational vessels. Therefore, requirements for this group of respondents will not be
included in this request, but will be added at a later date if feasible.
As the proposed rule contains additions to or modifications of information collection
requirements in several currently approved information collections, we are requesting a new
collection, with individual requirements to be merged later into the existing collections if
practical/ as time allows. In addition, there will be a revision to “Observer Programs’
Information That Can Be Gathered Only Through Questions” after its approval (the request is
currently at OMB).
A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
Notification of vessel trips related to vessel observer
Amendment15B proposes an observer program for selected commercial and for-hire vessels in
the South Atlantic snapper grouper fishery. This will require a revision to “Observer Programs’
Information That Can Be Gathered Only Through Questions” after its approval to allow the
collection data associated with the vessel owners notifying the agency regarding their fishing
activities, by telephonic communication, so that observers can arrange to board the vessel and
observe the fishing trip, as well as any other information collected by observers through
standardized questions.
Installation of ELBs, video monitoring, and data downloads
With the large number of vessels of differing sizes, gear used, and fishing capabilities
compounded by seasonal variability in abundance and price of fish as well as the broad
geographic distribution of the fleet, it is not possible to estimate the actual amount of bycatch
and regulatory discards using current methods and data. The only practical way of improving the
estimates of the amount and type of bycatch is by having a more precise means of estimating
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effort, such as the electronic logbook described below. Completion of these forms by captains of
vessels selected for electronic monitoring will provide data to supplement information collected
from paper logbooks (already required under OMB Control No. 0648-0016), electronic
logbooks/video camera monitors, and observers.
Current regulations (50 CFR §622.5) require commercial and recreational for-hire participants in
the South Atlantic snapper-grouper fishery who are selected by the Science and Research
Director (SRD) to maintain and submit a fishing record on forms provided by the NMFS
Southeast Region Science and Research Director (OMB Control No. 0648-0016). The key
advantage of logbooks is the ability to use them to cover all fishing activity relatively
inexpensively. However, in the absence of any observer data, there are concerns about the
accuracy of logbook data in collecting bycatch information. Biases associated with logbooks
primarily result from inaccuracy in reporting of species that are caught in large numbers or are of
little economic interest (particularly of bycatch species), and from low compliance rates. In the
future, it may be possible to implement ELB in the fishery and studies are being conducted to
determine the efficacy of ELB on commercial boats in the South Atlantic. The electronic
logbook would provide data on fishing effort and location. Electronic logbooks have the
potential to automatically collect information on date, time, location, and fishing times. In some
ELB systems, information (species, length, and disposition) of released species can be manually
entered into the system at the end of a fishing event. If the electronic format prompts a
fisherman to record data as bycatch occurs, an electronic logbook may provide better estimates
of bycatch than a paper logbook.
Video monitoring hardware and software could provide a cost-effective and reliable system of
monitoring bycatch, release mortality, handling of fishes, and other shipboard practices. These
systems have been shown to be useful in monitoring bycatch in other parts of the country.
Pertinent data collected by a video electronic monitoring system would include species caught,
number of hooks, location, depth, date, time, and disposition of released organisms. These data
would provide information needed to help rebuild and maintain sustainable fisheries and
determine what impact the fishery has on the survival of species. Data collected can be used to
assess the fish species composition associated with the habitat affected by fishing gear, allowing
for a better understanding of the ecosystem. Information would also be collected on protected
resources encountered by fishing gear. The use of technology to record species, capture position,
and disposition of released fishes has the potential to augment the collection of bycatch
information and lessen the need for observers. Video technology can be used on vessels that
cannot take a human observer for safety reasons or vessel limitations. Previous experience
indicates video monitoring is very effective for monitoring catches from longline gear due to the
size and types of species collected. It is also substantially less expensive than observer coverage
for comparable data collection.
There is currently no funding for an ELB or video monitoring program. When funding becomes
available it is anticipated that these programs would be designed to improve the accuracy and
precision of the data being collected in the snapper-grouper fishery. Vessels used for ELB and
video monitoring would be chosen randomly by the SRD from the permits database and once
selected, the vessel would remain as part of the sample.
Change of ownership of a vessel with a transferable commercial vessel permit. \
The current regulations to transfer a commercial vessel permit are listed in 50 CFR 622.4 and
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require the back page of the Federal Fisheries Permit form (OMB Control No. 0648-0205) to be
completed by the seller and a Notary Public. The only difference with the proposed amendment
would be a requirement for a corporation to submit their annual report with a list of its
shareholders during the transfer application process.
The proposed amendment would allow an individual to transfer his or her individual transferable
vessel permit to a corporation whose shares are all held by the individual or the individual and
one or more of his or her immediate family members. Immediate family members include only
the following: husband, wife, son, daughter, brother, sister, mother, or father. Such transfer may
be done on a one to one permit transfer basis. At the time of permit renewal, the corporation
must also submit to NMFS a current annual report, which specifies all shareholders of the
corporation.
If the annual report shows a shareholder other than the shareholders listed in the original
corporate documentation, the permit shall not be renewed unless such new shareholder is an
immediate family member of the individual who originally transferred the vessel permit to the
family corporation.
Thus, the only additional burden to the public would be five minutes to submit their
corporation’s annual report along with the required Permit/License/Endorsement Transfer
application.
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.
The information requested is used by various offices of NMFS, Regional Fishery Management
Council staff, the U.S. Coast Guard and state fishery agencies under contract to NMFS to
develop, implement and monitor fishery management strategies. Analyzes and summarizations
of data are used by NMFS, the Regional Councils, the Departments of State and Commerce,
OMB, the fishing industry, Congressional staff and the public to answer questions about the
nature of the Nation’s fishery resources.
These data serve as input for a variety of uses, such as: biological analyzes and stock
assessments; Executive Order (E.O.) 12291 regulatory impact analyzes; quota and allocation
selections and monitoring; economic profitability profiles; trade and import tariff decisions;
allocations of grant funds among states; identify ecological interactions among species. The
NMFS would be significantly hindered in its ability to fulfill the majority of its scientific
research and fishery management missions without these data.
Notification of vessel trips related to vessel observers, ELB, and video monitoring
Each selected vessel would be notified via a registered letter one to two months before the
observer is to board or they are to use electronic data collection equipment. This notification
would give a time period during which a vessel would be required to notify NMFS 24 hours in
advance of fishing so that an observer may accompany the trip. Vessels which inform the NMFS
they do not plan to fish in the next few months would be placed in a holding pattern for
observation but those selected for electronic monitoring would still have that equipment
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installed. Vessels not currently fishing would be asked to notify NMFS when they next plan to
fish so they can be assigned an observer. Once selected to carry an observer, a vessel must
obtain a Coast Guard safety inspection through a dockside examination. Note: the burdens for
notification of trips for the purpose of observer placement, and the safety inspection, will be
included in the revision to “Observer Programs’ Information That Can Be Gathered Only
Through Questions.”
In an ideal world, 100% observer coverage for all fishing effort and catch would provide fishery
managers with very accurate measures of catch. The costs associated with 100% observer
coverage and the issue of accommodating observers on small vessels limit the amount of
monitoring NMFS will be proposing.
The number of commercial snapper-grouper fishing trips to the South Atlantic in 2006 was
13,159, for 857 vessels landing snapper-grouper species. In 2006, the number of for-hire trips
totaled 15,242 for 1,681 permitted vessels. The number of private recreational trips in 2006 was
24,094 but, as stated in the introduction, the number of vessels participating is unknown at this
time. Based upon recommendations from the NMFS December 2003 Evaluating Bycatch: A
National Approach To Standardized Bycatch Monitoring Programs, the proposed sample size
would be a randomly selected 2% samples of commercial and for-hire vessels and trips for
observer coverage, and independent samples of 2% of commercial and for-hire vessels for
electronic monitoring (as it has not been decided how to distribute the electronic monitoring
devices, at this point we are assuming that all selected vessels may have both an ELB and an
video camera, and thus we are accounting for the maximum possible burden.
Table 1. Number of permitted vessels, trips, observed trips, ELBs and video monitoring
equipment for proposed data collection actions in Amendment 15B. (2006 Data)

Respondents

# Permitted vessels

# Trips

Commercial
For-Hire
TOTALS

857
1,667

13,159
15,242

# Observer
Trips

# ELBs
Installed

# Video
Cameras
Installed

263
305
568

17
33
50

17
33
50

Installation of ELBs and data downloads
There is currently no funding for an ELB or video monitoring programs. When funding becomes
available it is anticipated that these programs would be designed to improve the accuracy and
precision of the data being collected in the snapper-grouper fishery. Vessels used for ELB and
video monitoring would be chosen randomly by the SRD from the permits database and once
selected, the vessel would remain as part of the sample.
To initiate an ELB or video monitoring program, NMFS would send a letter to an owner or
operator of a selected vessel advising of his or her obligation to participate in the program. In
cooperation with the owner or operator, NMFS staff or an authorized representative would meet
at the selected vessel to install the NMFS furnished ELB and/or video monitor on the vessel and
to collect basic vessel and gear information that would later be correlated with the ELB or video
monitoring information. Using the Global Positioning System, an ELB would automatically
record vessel position information over time from which conclusions could be drawn regarding
vessel activity, e.g., the vessel is fishing or transiting. At intervals determined by NMFS, the
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ELB memory unit or video monitor tape would be removed and provided to the SRD. The
owner or operator could either mail the memory unit or tape to the SRD or arrange for a NMFS
or state port agent to collect the unit or tape. The ELB program would supplement existing posttrip interview data and is intended to provide better estimates of the amount and location of effort
occurring during a trip. NMFS would use total effort estimates based on best available scientific
information to extrapolate observer-collected data into overall estimates of total finfish and
invertebrate bycatch. A pilot program using ELBs started in 1999 (OMB Control No. 06480543), with increasing coverage each year. The units have proved to be reliable and the data
retrieved have provided substantial new information regarding the effort of the fishery in which
it was used.
Pertinent data collected by a video electronic monitoring system would include species caught,
number of hooks, location, depth, date, time, and disposition of released organisms. These data
would provide information needed to help rebuild and maintain sustainable fisheries and
determine what impact the fishery has on the survival of species. Data collected can be used to
assess the fish species composition associated with the habitat affected by fishing gear, allowing
for a better understanding of the ecosystem. Information would also be collected on protected
resources encountered by fishing gear.
Change of ownership of a vessel with a transferable commercial vessel permit.
The current regulations to transfer a commercial vessel permit are listed in 50 CFR 622.4 and
require the back page of the Federal Fisheries Permit form to be completed by the seller and a
Notary Public. The only difference with the proposed amendment would be a requirement for a
corporation to submit their annual report with a list of its shareholders during the transfer
application process.
The estimated public burden for annual reports to accompany 127 annual transfers (based on data
from 2007 and 2008) is provided in Table 2, in Question 12.
It is expected 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. 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 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 predissemination 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.
Using the Global Positioning System, an ELB would automatically record vessel position
information over time from which conclusions could be drawn regarding vessel activity, e.g., the
vessel is fishing or transiting. At intervals determined by NMFS, the ELB memory unit or video
monitor tape would be removed and provided to the SRD. The owner or operator could either
mail the memory unit or tape to the SRD or arrange for a NMFS or state port agent to collect the
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unit or tape. The electronic logbook autonomously collects effort data and is downloaded by
NMFS personnel every 2-3 months. The downloading process takes less than one minute.
Video monitoring systems require about eight hours to set up equipment but hard drives
containing data can be removed and replaced with new hard drives in less than one minute.
For this program, there is no other electronically submitted/collected information.
4. Describe efforts to identify duplication.
The Magnuson-Stevens Act’s operational guidelines require each FMP to evaluate existing state
and federal laws that govern the fisheries in question, and the findings are made part of each
FMP. Each Fishery Management Council membership is comprised of state and federal officials
responsible for resource management in their area. These two circumstances identify other
collections that may be gathering the same or similar information. In addition, each FMP
undergoes extensive public comment periods where potential applicants review the proposed
permit application requirements. Therefore, NMFS is confident it is aware of similar collections
if they exist. The other information proposed to be collected is not being collected elsewhere;
therefore, this data collection would not cause duplication. Although the Southeast Region uses
Vessel Monitoring Systems (VMS) for some of its commercial fishing fleets, currently, no such
program exists in the snapper-grouper fishery fleet; therefore, no duplication exists between the
ELB and VMS programs.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
Because all applicants are considered small businesses, separate requirements based on size of
business have not been developed. Only the minimum data to meet the current and future needs
of NMFS' fisheries management are requested from the vessel owners.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
If the amount and type of bycatch for the snapper-grouper fishery in the South Atlantic cannot be
identified and characterized, the effect of management measures are not realized and information
used in stock assessments is less certain. The Southeast Region would be in violation of the
Magnuson-Stevens Act Section 303 (a) (11) if bycatch amount and type is not identified in the
snapper-grouper fishery. In addition, due to the seasonal variability in abundance and price of
species and the broad geographic distribution of the fleet, it is very difficult to estimate the actual
amount of bycatch using current methods and data.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
There are no special circumstances that require the collection to be conducted in a manner
inconsistent with Office of Management and Budget (OMB) guidelines.

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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-AW12 was published in the Federal Register on June 30, 2009 (74
FR 31225), soliciting public comment.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
There are no payments or other remunerations to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
All data submitted under the proposed collection will be handled as confidential material in
accordance with the Magnuson-Stevens Act, Section 402b, and NOAA Administrative Order
216-100, Protection of Confidential Fishery Statistics. Respondents are given this assurance as a
part of the initial package received with the ELB.
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 of a sensitive nature are asked.
12. Provide an estimate in hours of the burden of the collection of information.
Table 2. Number of selected vessels, responses and public hours involved for proposed data
collection actions in Amendment 15B (2006 Data).
Hours @ 
1 min. 
per 
month 

Annual 
report 
sub. 
with 
transfer 
request 

Hours @ 
5 min. per 
response 

Public 
hours 

127 

11 

11 

400 

600 

10 

478 

600 

127 

Responses: 
3,427 

Respondent 
vessels 

ELB 
install 

Hours 
@ 30 
min. 
per 
install 

Weekly 
ELB 
download 
(vessels 
*52) 

Hours @ 
1 min. 
per 
week 

Video 
cam 
install 

Hours @ 
8 hours 
per 
install 

Commercial 
‐ all 

50 

25 

2,600 

43  

50 

50 

2,600 

50 

Commercial  
(17) and for‐
hire (33) 
selected 
vessels 
Total 
responses 

Monthly 
video cam 
Download 
(vessels 
*12) 

Hours:  489

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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 Question
12 above).
There are no capital or recordkeeping/reporting costs anticipated for this collection.
14. Provide estimates of annualized cost to the Federal government.
Current estimates of unit costs of aspects of the programs are available, such as the cost of an
electronic logbook, approximately $500 per unit, and video monitoring, estimated to cost 2060% of an observer program (with one observer day estimated at $1,000) (McElderry 2003). A
rough estimate of providing either an ELB or video monitoring for 50 vessels would be $50,000
($25,000 for equipment and an equal amount for installs, downloading and reviewing of the
data).
15. Explain the reasons for any program changes or adjustments.
This is a new program.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
The results from this collection are not planned for statistical publication, although NMFS may
distribute the results of the observations for general information.
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.
N/A.

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