MGOM ss new 091009rev

SUPPORTING STATEMENT
MODIFICATION TO GULF OF MAINE/GEORGES BANK HERRING
LETTER OF AUTHORIZATION
OMB CONTROL NO. 0648-xxxx

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
Under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens
Act), the Secretary of Commerce (Secretary) has responsibility for the conservation and
management of marine fishery resources off the coast of the U.S. The majority of this
responsibility has been delegated to the Regional Fishery Management Councils and National
Oceanic and Atmospheric Administration’s (NOAA) National Marine Fisheries Service
(NMFS). The New England Fishery Management Council (Council) develops management
plans for fishery resources in New England.
The Council voted at the April 8, 2009, Council meeting, to request that the Regional
Administrator modify the Herring Midwater Trawl Gulf of Maine/Georges Bank Letter of
Authorization (LOA) to increase observer coverage of midwater trawl vessels fishing in Closed
Area I to 100 percent; be prohibited from slipping codends (the practice of opening the codend of
the net and releasing the catch before all of it is brought on board); and be required to pump
aboard the vessel all fish caught, to allow sampling by the observer.
The final rule implementing Framework Adjustment 18 (FW 18) to the Northeast (NE)
Multispecies Fishery Management Plan (FMP) (RIN 0648-AJ79, February 17, 1998, 63 FR
7727) authorized midwater trawl vessels to fish in the groundfish year-round closed areas with
specific conditions regarding bycatch of regulated multispecies. The FW 18 implementing
regulations (50 CFR 648.81(a)(2)(iii)), grant the Regional Administrator the authority to place
restrictions and conditions in the LOA if it is determined that the bycatch of regulated
multispecies in the groundfish closed areas exceeds or is likely to exceed one percent of herring
and mackerel harvested, by weight, in the fishery or by any individual fishing operation. Recent
analysis of at-sea observer data presented by NMFS at the April 8, 2009, Council meeting
demonstrated that the bycatch of regulated multispecies in groundfish Closed Area I exceeded
one percent of herring caught on at least two individual fishing trips between May 2004 and
October 2008. Based on this information, the intent of the Council’s motion is to collect
additional information on bycatch of regulated multispecies by the midwater trawl directed
herring fishery in Closed Area I to determine whether revisions should be made to the exemption
allowing these vessels to fish in groundfish closed areas.
Therefore, NMFS proposes to implement the Council’s recommendation by adding language to
the existing LOA to prohibit midwater trawl vessels, with All Areas and/or Areas 2 and 3 limited
access Atlantic herring permits, from fishing in Closed Area I without a NMFS-approved at-sea
observer aboard. The LOA would also stipulate that such vessels, while operating in Closed
Area I, would be prohibited, except under certain circumstances, from releasing fish from the net
before all of the catch has been pumped aboard and made available to the observer for sampling.

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NMFS recognizes that there are conditions, under which fish must be released from the codend
without being sampled. Therefore, this provision is not intended to limit the discretion of the
captain to regulate the stability of the vessel in adverse sea conditions and the operator would be
permitted to dump fish if bringing them aboard the vessel could compromise the safety of the
vessel or her crew. In addition, mechanical failure of the pump may preclude bringing some or
all of a catch aboard the vessel. That part of the catch that could not be pumped aboard because
of mechanical failure could be released. Mechanical or safety problems of sufficient magnitude,
as determined by the vessel operator, to warrant slipping a codend would also result in
termination of the fishing.
NMFS recognizes that species composition in the catch, specifically a high concentration of
spiny dogfish, can cause the fish pump to clog, slowing the pump-out process and potentially
damaging the rest of the catch. Therefore, NMFS proposes allowing fish to be released
unsampled if spiny dogfish are determined to comprise more than 50 percent of the catch, by
weight. Pumping operations would have to be started so that the observer could determine that
the quantity of spiny dogfish in the catch is sufficient to make pumping the remainder of the
catch nearly impossible. A vessel would not be required to end the trip following a slipped
codend due to a high concentration of spiny dogfish.
If a codend is slipped, the vessel operator would be required to sign and submit an affidavit to
NOAA’s Office of Law Enforcement attesting to the specific reason for the release, a good faith
estimate of both the total weight of fish caught, and the weight of fish released.
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 several NMFS offices to monitor the bycatch in the
Atlantic herring fishery. The intention of this action is to collect additional information on
bycatch in the midwater trawl fishery. There is potential for vessels to slip a codend with high
bycatch to avoid sampling by the NMFS observer. Such action would bias the bycatch
information collected. The information collected through the affidavit will provide needed data
regarding where and how often codends are slipped as well as how much fish is released. The
signed affidavit will also serve as an aid to law enforcement and a disincentive for vessels to
dump fish to avoid sampling by the observer.
Information collected through this information request would enable enforcement officials,
including the United States Coast Guard (USCG), to monitor compliance with the provisions of
the NE multispecies and Atlantic herring FMPs.
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 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

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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.
This information is submitted in hard copy, delivered through the mail or in person. The need to
obtain an original signature of the vessel operator on the affidavit necessitates paper format and
prevents electronic formats from being viable means of exchange. No improved information
collection technology has been identified to reduce this burden further. Every effort will be
made in the future to use computer technology to reduce the public burden. The affidavit used to
collect the information is available in a fillable format at NOAA’s Northeast Regional Office
(NERO) website (www.nero.noaa.gov).
4. Describe efforts to identify duplication.
Other than information needed to identify the vessel (i.e. vessel name, permit number), no
information will be collected that is already collected through other means.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
Only the minimum data to meet the requirements of the above data needs are requested from all
participants. Since most of the respondents are small businesses, separate requirements based on
the size of the business are not necessary.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Not conducting the collection of information as described could hinder NMFS enforcement of
these proposed provisions and could prevent NMFS from accurately monitoring the bycatch in
the Atlantic herring fishery.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
The data collection is consistent 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 (Regulation Identifier Number (RIN) 0648-AX93) was published for public
comment on September 4, 2009.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
Neither payments nor gifts are given to the respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
All data will be kept confidential as required by NOAA Administrative Order 216-100,
Confidentiality of Fisheries Statistics, and will not be released for public use except in aggregate
statistical form (and without identifying the source of data, i.e., vessel name, owner, etc.). Only
authorized personnel have access to this information as necessary to monitor the amount of
regulated multispecies bycatch in the herring fishery. The confidentiality information is not
repeated in the applicable regulations.
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.
There are no questions of sensitive nature.
12. Provide an estimate in hours of the burden of the collection of information.
Herring Category A and B permit holders (46 vessels) who fish in Closed Area I would be
required to submit an affidavit detailing the specific reason for a release and a good-faith
estimate of the total weight of fish released when a codend is slipped. One form is required to be
completed, signed and submitted to the agency to document the event.
During the 2008 fishing year, a total of 28 trips were taken by 10 vessels in Closed Area I,
averaging approximately 3 trips per vessel. Based on this data from the previous fishing year
and expanded to the total number of permit holders, a total of 138 responses (46 vessels x 3 trips)
are anticipated to be collected annually. It is estimated that the public reporting for the affidavit
would average 5 minutes per response. Using this estimated burden, a total of 11 hours (138
responses x 5 minutes / 60 minutes/response) is estimated to be the burden for participants in this
data collection annually. These figures are summarized in Table 1.

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Table 1. Burden Hours and Cost
Collection
Number
Items per
of Entities
Entity

CAI
Affidavit

46

3 trips

Total
Number
of Items

Response
Time

Total
Burden
(Hours)

138

5 minutes

11

Cost ($)
to
Govern
ment
$0

Recordkeeping/
Reporting
Cost ($) to
Public
$75

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).
This information collection does not require respondents to purchase new or additional
equipment or services. Most computers, telephones and/or facsimile machines utilized by the
respondents would have already been purchased as part of customary and usual business
practices, thus start up costs associated with these programs are negligible. The estimates of the
total annual cost burden to respondents resulting from this collection are summarized in Table 1.
The vessel operator would be required to complete, sign, and mail an affidavit to NMFS.
Additionally, vessel owners may wish to make a copy of this completed form for their own
records. The total cost for mailing the affidavit to NMFS amounts to $61 in postage costs (138
responses x $0.44 postage). Additionally, copying costs associated with this provision would
total approximately $14 (138 responses x 1 page copied/participant x $0.10/copy). Together, the
total cost for record keeping totals $75 ($61 + $14).
14. Provide estimates of annualized cost to the Federal government.
The Federal government would incur no costs associated with this collection.
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.
Results from this collection may be used in scientific, management, technical or general
informational publications such as Fisheries of the United States which follows prescribed
statistical tabulations and summary table formats. Data are available to the general public on
request in summary form only; data are available to NMFS employees in detailed form on a
need-to-know basis only.
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.
Not applicable.

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18. Explain each exception to the certification statement.
Not applicable.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

This collection does not employ statistical methods.

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