0565 Amend 80 permits 07 2510 ss rev

0565 Amend 80 permits 07 2510 ss rev.pdf

Alaska Region Amendment 80 Permits and Reports

OMB: 0648-0565

Document [pdf]
Download: pdf | pdf
SUPPORTING STATEMENT
ALASKA REGION AMENDMENT 80 PERMITS AND REPORTS
OMB CONTROL NO. 0648-0565

INTRODUCTION
This action is a renewal of an existing collection of information.
The Secretary of Commerce is responsible for the conservation and management of marine
fishery resources within the Exclusive Economic Zone (EEZ) of the United States through
National Oceanic and Atmospheric Administration/National Marine Fisheries Service
(NOAA/NMFS). NMFS Alaska Region manages the groundfish fisheries in the EEZ under the
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management
Area (FMP). The North Pacific Fishery Management Council (Council) prepared the FMP under
the authority of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C.
1801 et seq. (Magnuson-Stevens Act). Regulations implementing the FMP appear at 50 CFR
part 679.
Amendment 80 to the FMP permits the formation of harvesting cooperatives in the nonAmerican Fisheries Act (non-AFA) trawl catcher/processor sector. Non-AFA trawl
catcher/processors are vessels that have harvested the required amount of Bering Sea and
Aleutian Islands Management Area (BSAI) groundfish during the qualifying period and are not
listed by name in the AFA as being eligible to participate in the directed pollock target fisheries.
The BSAI groundfish species directly affected by Amendment 80 are Atka mackerel, Aleutian
Islands Pacific ocean perch, flathead sole, Pacific cod, rock sole, and yellowfin sole. In addition,
Amendment 80 modifies the management of Pacific halibut, king crab, and Tanner crab
prohibited species catch (PSC) limits.
The objectives of the Amendment 80 Program are as follows:
♦ To improve retention and utilization of fishery resources by the non-AFA trawl
catcher/processor fleet, by extending the groundfish retention standard to non-AFA trawl
catcher/processor vessels of all lengths;
♦ Allocate fishery resources among BSAI trawl harvesters in consideration of historic and
present harvest patterns, and future harvest needs;
♦ Authorize the allocation of groundfish species to harvesting cooperatives and establishing
a limited access privilege program for the non-AFA trawl catcher/processors to reduce
potential groundfish retention standard compliance costs, encourage fishing practices
with lower discard rates, and improve the opportunity for increasing the value of
harvested species; and
♦ Limit the ability of non-AFA trawl catcher/processors to expand their harvesting capacity
into other fisheries, not managed under a limited access privilege program.

1

Participants in the non-AFA trawl catcher/processor sector have traditionally harvested over 90
percent of each of the allocated BSAI species. One of the primary reasons for the relatively high
discard rates of groundfish by non-AFA trawl catcher/processors is the nature of the fisheries in
which those vessels participate. The non-AFA trawl catcher/processor sector primarily
participates in non-pollock groundfish fisheries. The non-pollock groundfish fisheries are
primarily comprised of groups of species that share similar habitat (e.g., flatfish fisheries such as
rock sole, flathead sole, and yellowfin sole). Because these species occur together, they are
typically harvested together. When a non-AFA trawl catcher/processor retrieves its net, very
often multiple species of fish are present. Additionally, non-pollock groundfish fisheries are
constrained by catch limits for non-target species, such as halibut, red king crab, Tanner crab
(Chionoecetes bairdi), and snow crab (C. opilio).
Sector allocations and the formation of cooperatives are intended to assist compliance with the
groundfish retention standards by allowing participants to focus less on harvest rate
maximization and more on optimizing their harvest. This type of management applies retention
standards on an aggregate basis to all activities of a cooperative, allowing participants within the
cooperative to coordinate fishing and retention practices across the cooperative to meet the
retention requirements. This, in turn, could allow a reduction in unwanted incidental catch,
improved retention, improved utilization, and improved economic health of the non-AFA trawl
catcher/processor sector.
NMFS Alaska Region created a set of permits to manage the Amendment 80 Program; these
permits are described in this document. Section 303(b)(1) of the Magnuson-Stevens Act
specifically recognizes the need for permit issuance. The requirement of a permit for marine
resource users is one of the regulatory steps taken to carry out conservation and management
objectives. The issuance of a permit is an essential ingredient in the management of fishery
resources needed for identification of the participants and expected activity levels and for
regulatory compliance (e.g., withholding of permit issuance pending collection of unpaid
penalties).
A.

JUSTIFICATION

Several pieces of legislation affect various aspects of the Program.
♦ Section 219 of the Consolidated Appropriations Act of 2005 (Public Law No. 108447; December 8, 2004) referred to as the Capacity Reduction Program (CRP). The elements of
the CRP relevant to the Program: legislates who may participate in the non-AFA trawl
catcher/processor sector in the BSAI for “non-pollock groundfish fisheries;” and defines the nonpollock groundfish fisheries in the BSAI as “target species of Atka mackerel, flathead sole,
Pacific cod, Pacific ocean perch, rock sole, turbot, or yellowfin sole harvested in the BSAI.”
Because all of the Amendment 80 species are included in the CRP’s definition of non-pollock
groundfish fishery, the CRP’s eligibility requirements for the non-AFA trawl catcher/processor
sector apply to the Program’s eligibility criteria for the Amendment 80 sector. Therefore, the
Program would incorporate the CRP’s definition of a non-AFA trawl catcher/processor.

2

♦ Section 416 of the Coast Guard and Maritime Transportation Act of 2006 (Public
Law No. 109-241; July 11, 2006) referred to as the Coast Guard Act. The elements of the Coast
Guard Act relevant to the Program are the species or species groups allocated to the Western
Alaska Community Development Quota (CDQ) Program, the regulation of harvest of these
allocations, and the percentage allocations of all of the groundfish species allocated to the CDQ
Program, except pollock and sablefish.
♦ The Magnuson-Stevens Act includes amendments relating to Limited Access
Privilege Programs (LAPPs), the CDQ Program, and cost recovery and fee collection provisions
and other measures applicable to LAPPs. A LAPP involves a federal permit specifying the
amount of catch a privilege holder may harvest. Privileges and shares may be revoked, limited,
or modified at any time, with no right to compensation. The LAPP must contribute to rebuilding
overfished stocks and reducing excess harvest capacity; promote fishing safety, conservation and
management, and social and economic benefits.
1. Explain the circumstances that make the collection of information necessary.
The Capacity Reduction Program (CRP) provided the eligibility criteria for the non-AFA trawl
catcher/processor sector. In order to qualify for the non-AFA trawl catcher/processor sector; a
person must have a License Limitation Program (LLP) license with trawl and catcher/processor
endorsements and must own a non-AFA vessel that caught and processed 150 mt of groundfish
with trawl gear between 1997 and 2002. Under the provisions of the Program, non-AFA trawl
catcher/processor vessel operators could choose to either:
♦ Form a harvesting cooperative that could receive an exclusive annual harvest
privilege of specific groundfish species; or
♦ Fish in a limited access fishery comprised of fishery participants that choose not to
join a cooperative.
Most eligible participants in the non-AFA trawl catcher/processor sector are likely to join a
cooperative, since operations in the limited access fishery are likely to be less efficient (and less
profitable). Fishery participants that join a cooperative receive an exclusive harvest privilege not
subject to harvest by other vessel operators; could consolidate fishing operations on a specific
vessel or subset of vessels, thereby reducing monitoring and enforcement and other operational
costs; and harvest fish in a more economically efficient and less wasteful manner. To operate as
a cooperative, membership must include at least three separate entities and be composed of at
least 30 percent of the qualified vessels, including LLP licenses with associated catch history.

3

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.
a. Application for Amendment 80 Quota Share (QS)
Quota share (QS) is the basis for the annual calculation of the amount of fish that may be
harvested or used if that QS is assigned to an Amendment 80 cooperative. Once an Amendment
80 QS permit is assigned to a person, it authorizes that QS holder to fish in the Amendment 80
sector. A person who wishes to receive an Amendment 80 QS permit must submit a timely and
complete application for Amendment 80 QS. Once a person receives NMFS approval, an
application for Amendment 80 QS is not required to be resubmitted.
An Application for Amendment 80 QS may be submitted to NMFS using any one of the
following methods:
By mail:

NMFS Alaska Region, Administrator
c/o Restricted Access Management Program
P.O. Box 21668
Juneau, AK 99802–1668

By fax:

907–586–7354

By hand delivery or carrier:
NMFS, Room 713
709 West 9th Street
Juneau, AK 99801
Application forms are available through the Internet on the NMFS Alaska Region Web site at
http://www.fakr.noaa.gov/sustainablefisheries/amds/80/default.htm#apps or by contacting NMFS
at 800–304–4846, Option 2.
A completed application for Amendment 80 QS must be received by NMFS no later than 1700
hours A.l.t. on October 15 of the year prior to the fishing year for which the applicant is
applying, or if sent by U.S. mail, postmarked by that time. Applications received or postmarked
after the deadline are not eligible to receive an Amendment 80 QS permit for the upcoming
fishing year.
Application for A80 Quota Share
Indicate the type of application
Applicant identification
Applicant name and NMFS person ID
Permanent business mailing address
Business telephone number, business fax number, and business e-mail address (if available)
If applicant is a U.S. citizen, enter date of birth
If applicant is a U.S. corporation, partnership, association or other business entity, enter the date of
incorporation

4

If applicant is a successor-in-interest to a deceased individual or to a non-individual no longer in existence,
attach evidence of death or dissolution
Agreement with A80 Official Record
Indicate whether you
agree with the A80 Official Record Summary,
do not agree with the A80 Official Record Summary, or
did not receive an A80 Official Record Summary from NMFS
Owner of A80 Vessel
List each Amendment 80 LLP license for which applying for A80 QS
A80 vessel originally assigned to each license
Vessel name
LLP No., ADF&G No., and USCG No.
Attachment:
documentation that the A80 vessel has suffered an actual total loss, total constructive loss, or is permanently
ineligible to receive a fishery endorsement under 46 U.S.C. 12108.
Attachment:
if the holder of the LLP license is not the same person(s) who owns the A80 vessel, a copy of a written contract
held by the applicant that clearly and unambiguously indicates that the owner of the A80 vessel that has
suffered an actual total loss, total constructive loss, or is permanently ineligible to receive a fishery
endorsement under 46 U.S.C. 12108 has transferred all rights and privileges to use A80 legal landings and
any resulting A80 QS or exclusive harvest privilege from that A80 vessel to the person holding the A80
LLP license originally assigned to that A80 vessel.
Applicant certification
Printed name and signature and date signed
If representative, attach authorization of the cooperative membership agreement or contract

Application for A80 QS, Respondent
Number of respondents
Total annual responses
Responses per respondent = 1
Total burden hours
Time per response = 2 hr (including
recordkeeping burden)
Total personnel cost ($25/hr)
Total miscellaneous costs (113.96)
Postage (0.44 x 14 = 6.16)
Fax ($5 x 14 = 70)
Photocopy cost (0.05 x 27 (7 pp form
+ 20pp contract)] x 28 = 37.80
Application for A80 QS, Federal Government
Total annual responses
Total burden hours
Time per response = 0.50
Total personnel cost ($25/hr)
Total miscellaneous cost

5

28

56

$1,400
$114

28
14
$350
0

b. Application for Amendment 80 Cooperative and CQ Permit
An Amendment 80 cooperative quota (CQ) permit authorizes a cooperative to participate in the
Amendment 80 Program.
NMFS uses the CQ application information
♦ to assign CQ quantities to each cooperative prior to the fishing year
♦ to determine the Amendment 80 species interim total allowable catch assignments to the
Amendment 80 limited access fishery
♦ to determine which vessels must be tracked for catch accounting
♦ to review ownership and control information for various QS holders to ensure that QS
and CQ use caps are not exceeded.
NMFS issues a CQ permit annually to an Amendment 80 cooperative which has submitted a
complete and timely CQ application. The cooperative must designate an authorized
representative to be responsible for submitting the CQ application on behalf of all the members.
To be considered timely, the application must be received by NMFS no later than 5:00 p.m.,
Alaska local time, on November 1 of the year prior to fishing under the CQ permit. The
application may be submitted to NMFS by mail, fax, or in person.
By mail to:

Regional Administrator, NMFS
Restricted Access Management Program (RAM)
P.O. Box 21668,
Juneau, AK 99802-1668

By hand delivery or carrier to:
Federal Building, Room 713
709 West 9th Street
Juneau, AK 99801.
By fax to: 907-586-7354.
Forms are available through the Internet on the NMFS Alaska Region website at
http://www.fakr.noaa.gov/ram/amd80/coop_cq_permitapp.pdf or by contacting NMFS at
800-304-4846, Option 2.
Every member of the Amendment 80 cooperative must submit a timely and complete EDR for
each Amendment 80 QS permit held by that person during the previous calendar year. The
annual EDR submission deadline is June 1.

6

Application for A80 cooperative and CQ Permit
Cooperative identification.
Cooperative's legal name
Type of business entity under which the A80 Cooperative is organized
State in which the A80 Cooperative is legally registered as a business entity
Permanent business address
Business telephone number, business fax number, and e-mail address (if available)
Printed name of A80 designated representative
Members of the A80 Cooperative (A80 QS Permit Holder and Ownership Documentation)
Full name and NMFS Person ID of all members
A80 QS Permit Number(s)
Names of all persons, to the individual level, holding an ownership interest in the QS Permit
Percentage ownership each person holds in the A80 QS Permit(s)
Identification of A80 cooperative member vessels and A80 LLP licenses
Vessel name
ADF&G vessel registration No. and USCG documentation number
A80 LLP number
Identification of vessels on which the CQ issued to the A80 Cooperative will be used
Vessel name
ADF&G vessel registration No. and USCG documentation number
EDR submittal
Indicate whether the each member submitted a timely and complete EDR for each A80 QS permit
Certification of cooperative authorized representative
Printed name and signature of Cooperative authorized representative and date signed
Attach explicit authorization
Attachment
Copy of the cooperative membership agreement or contract
Application for A80 cooperative and CQ permit,
Respondent
Number of respondents
Total annual responses
Responses per respondent = 1
Total burden hours
Time per response = 2 hr (including 5 minutes for
recordkeeping)
Total personnel cost ($25/hr)
Total miscellaneous costs (1.84)
Postage (0.44 x 1 = 0.44)
Photocopy cost (0.05 x 8pp (form)
+ 20pp contract = 1.40)
Application for A80 cooperative and CQ permit,
Federal Government
Total annual responses
Total burden hours
Time per response = 0.50
Total personnel cost ($25/hr)
Total miscellaneous cost

7

1
1
2 hr
$50
$2

1
1
$25
0

c. Application for an Amendment 80 Limited Access Fishery Permit
An Amendment 80 limited access fishery permit is required for an Amendment 80 QS holder to
catch, process, and receive Amendment 80 species assigned to the Amendment 80 limited access
fishery, or use halibut and crab PSC assigned to the Amendment 80 limited access fishery. An
Amendment 80 limited access fishery permit is issued annually to an Amendment 80 QS holder
who has submitted a timely and complete:
♦ Application for the Amendment 80 limited access fishery (see
§ 679.91(b)(4)) that is approved by NMFS; and
♦ Amendment 80 EDR for all Amendment 80 QS permits held by that person
(see § 679.94).
An Amendment 80 EDR is required from any person who held an Amendment 80 QS permit
during the previous calendar year. An EDR must be submitted for each Amendment 80 QS
permit held by a person. The annual EDR submission deadline is June 1.
An Application for an A80 Limited Access Fishery may be submitted to NMFS by mail, fax, or
in person.
By mail to:

Regional Administrator, NMFS
Restricted Access Management Program (RAM)
P.O. Box 21668,
Juneau, AK 99802-1668

By hand delivery or carrier to:
Federal Building, Room 713
709 West 9th Street
Juneau, AK 99801.
By fax to: 907-586-7354.
This application must be submitted annually and received by NMFS no later than 1700 hours
Alaska local time on November 1 of the year prior to the year for which the applicant wishes to
participate in an Amendment 80 fishery; or if sent by U.S. mail, the application must be
postmarked by that time.
Forms are available through the Internet on the NMFS Alaska Region website at
http://www.fakr.noaa.gov/ram/amd80/fisheryapp.pdf or by contacting NMFS at
800-304-4846, Option 2.
Application for an A80 limited access fishery
Applicant identification.
Applicant’s name and NMFS person ID
Permanent business mailing address
Business telephone number, business fax number, and business e-mail address (if available)

8

A80 Vessel identification.
Name, ADF&G vessel registration number, and USCG documentation number of applicant’s vessel
A80 LLP identification
A80 LLP license number(s) held by the applicant
A80 QS permit information
A80 QS permit number(s) held by the applicant
A80 QS ownership documentation.
Names of all persons, to individual level, holding an ownership interest in the A80 QS permit
Percentage ownership each person holds in the A80 QS permit
EDR Submission
Indicate whether the applicant has submitted a timely and complete EDR for each A80 QS permit
Applicant certification.
Applicant printed name, signature, and date signed.
If completed by authorized representative, attach authorization

Application for an A80 limited access fishery
permit, Respondent
Number of respondents
8
Total annual responses
8
Number responses per respondent = 1/yr
Total burden hours
16
Time per response = 2 hr (including
recordkeeping time)
$400
Total personnel cost ($25/hr)
$23
Total miscellaneous costs (22.96)
Postage (0.44 x 4 = 1.76)
Photocopy cost (0.05 x 3 x 8 = 1.20)
FAX cost ($5 x 4 = 20)
Application for an A80 limited access fishery
permit, Federal Government
Total annual responses
Total burden hours
Time per response = 0.50
Total personnel cost ($25/hr)
Total miscellaneous cost

8
4
$100
0

d. Application to Transfer Amendment 80 QS
On an annual basis a QS holder may choose either to assign his/her QS to a cooperative with
other eligible QS holders, or assign that QS to the Amendment 80 limited access fishery. NMFS
approves QS transfers to track ownership and use cap accounting.
Once issued, an Amendment 80 vessel owner assigned QS could transfer (or sell) that QS in one
of three ways:
♦ Transfer the Amendment 80 vessel and the QS permit assigned to that Amendment 80
vessel to another person eligible to own a U.S. fishing vessel (i.e., document that
Amendment 80 vessel under U.S. Department of Transportation, Maritime
Administration (MARAD) regulations);

9

♦ Transfer the Amendment 80 QS permit to the LLP license originally issued for that
Amendment 80 vessel upon the actual loss, total constructive loss, or permanent
ineligibility of an Amendment 80 vessel assigned QS. Clear and unambiguous written
documentation must be attached from which NMFS can verify that the Amendment 80
vessel for which that Amendment 80 LLP license was originally assigned is no longer
able to be used in the Program due to the actual total loss, constructive total loss, or
permanent ineligibility of that vessel.
♦ Transfer an Amendment 80 LLP license with QS assigned to it to another person through
the existing LLP transfer provisions (see 50 CFR 679.4(k)(7)). All Amendment 80 QS
units for all Amendment 80 species on that Amendment 80 QS permit must be transferred
in their entirety. An Amendment 80 QS permit assigned to an Amendment 80 LLP
license as an endorsement on that LLP license may not be transferred separately from that
Amendment 80 LLP license.
An Application to Transfer an Amendment 80 QS permit may be submitted to NMFS by mail,
fax, or in person.
By mail to:

Regional Administrator, NMFS
Restricted Access Management Program (RAM)
P.O. Box 21668,
Juneau, AK 99802-1668

By hand delivery or carrier to:
Federal Building, Room 713
709 West 9th Street
Juneau, AK 99801.
By fax to: 907-586-7354.
Forms are available through the Internet on the NMFS Alaska Region website at
http://www.fakr.noaa.gov/ram/amd80/transferappqs.pdf or by contacting NMFS at
800-304-4846, Option 2.
Application to Transfer A80 QS
Indicate the type of transfer being requested
Indicate the A80 QS permit number to be transferred.
Identification of transferor
Name and NMFS person ID
Date of incorporation or date of birth
Permanent business mailing address
Business telephone number, business fax number, and e-mail address (if available)
Identification of transferee
Name and NMFS person ID
Date of incorporation or date of birth
Permanent business mailing address
Business telephone number, fax number, and e-mail (if available)

10

Transfers of A80 QS permits to another person
Attachment: If transferring an A80 QS permit to another person, attach abstract of title or USCG documentation
which clearly and unambiguously indicates that the A80 QS transferee is named on the abstract of title or
USCG documentation as the owner of the A80 vessel to which that A80 QS permit would be assigned
Attachment: original QS Permit(s) being transferred
Identify A80 QS Permit(s) being transferred
Transfers of A80 QS to an A80 LLP license
Attachment: If transferring A80 QS from an A80 QS permit to the A80 LLP license originally assigned to that A80
vessel, provide clear and unambiguous written documentation that can be verified by NMFS that the A80 vessel
for which that A80 LLP license was originally issued is no longer able to be used in the A80 Program due to the
actual loss, constructive total loss, or permanent ineligibility of that vessel of that vessel to receive a fishery
endorsement
Identify A80 LLP license to which the A80 QS Permit is transferring
Identify A80 QS Permit(s) being transferred
Attachment: original QS Permit(s) being transferred
Certification of transferor.
Transferor signature, printed name, and date signed
If representative, attach authorization
Certification of transferee
Transferee signature, printed name, and date signed
If representative, attach authorization
Application to Transfer A80 QS, Respondent
Number of respondents
Total annual responses
Number responses per respondent = 1
Total burden hours
Time per response = 2 hr (including recordkeeping)
Total personnel cost ($25/hr)
Total miscellaneous costs (35.05)
Postage (0.44 x 20 = 8.80)
Photocopy cost (0.05 x 25 = 1.25)
FAX cost ($5 x 5 = 25)

25
25
50
$1,250
$35

Application to Transfer A80 QS, Federal Government
Total annual responses
Total burden hours (12.5)
Time per response = 0.50
Total personnel cost ($25/hr)
Total miscellaneous cost

25
13
$325
0

e. Application for Inter-Cooperative Transfer of Amendment 80 CQ
NMFS will process an application for inter-cooperative transfer of Amendment 80 cooperative
quota (CQ) provided that a paper or electronic application is completed by the transferor and
transferee, with all applicable fields accurately filled in, and all required additional
documentation is attached. In order for an inter-cooperative CQ transfer to be approved, both
parties must be already established and recognized by NMFS as a cooperative. NMFS will notify
the transferor and transferee once the application has been received and approved. A transfer of
CQ is not effective until approved by NMFS.

11

Amendment 80 cooperatives may transfer CQ during a calendar year with the following
restrictions.
♦ May only transfer CQ to another Amendment 80 cooperative;
♦ May only receive CQ from another Amendment 80 cooperative; and
♦ When receiving Amendment 80 species CQ by transfer, must assign that Amendment 80
species CQ to a member(s) of the Amendment 80 cooperative for the purposes of use
caps calculation as established under § 679.92(a).
This application cannot be processed or approved unless all parties to the proposed transfer
(including the proposed transferor, the proposed transferee, and the receiving Qualifying
Member) have met all the requirements and conditions of the Amendment 80 Program. Any
person who held an Amendment 80 CQ permit during a calendar year must submit to NMFS an
EDR for that calendar year for each Amendment 80 CQ permit held by that person (see §
679.94). The annual EDR submission deadline is June 1.
Application for Inter-Cooperative Transfer of Amendment 80 Cooperative Quota may be
submitted to NMFS electronically or non-electronically.
By mail to:

NMFS Alaska Region, Administrator
Restricted Access Management (RAM)
P.O. Box 21668
Juneau, AK 99802-1668

By fax to:

907-586-7354

Applications may be faxed to RAM at 907-586-7354; however, permits will not be returned by
fax. The original, signed permit must be on board the vessel.
Hand deliver to:
NMFS Alaska Region (RAM)
Federal Building
709 W. 9th Street, Suite 713
Juneau, Alaska 99801
Attachment to an e-mail: RAM.Alaska@noaa.gov
Online to:

http://www.alaskafisheries.noaa.gov

When using the online submittal method, the respondent must provide a NMFS Person ID and
transfer key. These two pieces of information are provided by NMFS after an applicant is
approved for participation in the Amendment 80 Program.

12

Application for Inter-Cooperative Transfer of Amendment 80 CQ
Identification of transferor cooperative
Name and NMFS Person ID of transferor
Name of transferor’s designated representative
Permanent business mailing address (and temporary mailing address if appropriate)
Business telephone number, business fax number, and business e-mail address (if available)
Indicate whether transferor submitted an EDR, if required to do so under § 679.94
Identification of transferee cooperative
Name and NMFS Person ID of transferee
Name of transferee’s designated representative
Permanent business mailing address (and temporary mailing address if appropriate)
Business telephone number, business fax number, and business e-mail address (if available)
Indicate whether transferee submitted an EDR, if required to do so under § 679.94
Identification of Amendment 80 CQ to be transferred (leased) to transferor cooperative member(s)
Amendment 80 Species CQ
Type of CQ (Area/Species)
Amount (metric tons (mt))
Amendment 80 PSC CQ
Type of PSC (Area/Species)
Amount (mt)
Number of QS units
Identification of Amendment 80 transferee cooperative member(s)
Name and NMFS Person ID of the qualifying member(s) of the receiving Amendment 80 cooperative to whom
the CQ pounds being transferred will be attributed
Species
Amount of CQ
Certification of transferor
Transferor’s designated representative signature, printed name, and date signed
Attach representative’s authorization
Certification of transferee
Transferee’s designated representative signature, printed name, and date signed
Attach representative’s authorization

Only one cooperative exists in the Amendment 80 Program, and this form has not been used.
However, one potential cooperative is added to retain approval of this form if needed.
Application for Inter-coop CQ Transfer, Respondent
Number of respondents
1
Total annual responses
1
Number responses per respondent = 1
Total burden hours
2
Time per response = 2 hr (including recordkeeping
burden)
$50
Total personnel cost ($25/hr)
$1 (rounded
Total miscellaneous costs (0.10)
down to 0 in
Attachment to email (0.05 x 1 = 0.05)
ROCIS)
Photocopy cost .05 x 1 = .05
Application for Inter-coop CQ Transfer, Federal Government
Total annual responses
1
Total burden hours
1
Time per response = 0.50
Total personnel cost ($25/hr)
25
Total miscellaneous cost
0

13

f. Amendment 80 Cooperative Report
An Amendment 80 cooperative issued a CQ permit must submit annually to the Regional
Administrator an Amendment 80 cooperative report detailing the use of the cooperative’s CQ.
The annual Amendment 80 cooperative report for fishing activities under a CQ permit issued for
the prior calendar year must be received by the Regional Administrator not later than 1700 hours,
A.l.t. on March 1 of each year.
The cooperative report must be submitted to the Regional Administrator
By an electronic data file in a NMFS-approved format
By fax:

907-586-7557

or by mail:

Regional Administrator
NMFS Alaska Region
P.O. Box 21668
Juneau, AK 99802-1668

Amendment 80 cooperative report
The cooperative's actual retained and discarded catch of CQ and GOA sideboard limited fisheries
(if applicable) by statistical area and on a vessel-by-vessel basis;
A description of the method used by the cooperative to monitor fisheries in which cooperative vessels participated;
and
A description of any actions taken by the cooperative against specific members in response to a member that
exceeded the amount of CQ that the member was assigned to catch for the Amendment 80 cooperative.

Based on a comment received from the Amendment 80 cooperative, the time to complete the
Amendment 80 cooperative report is changed from 4 hr to 25 hr. This involves 15 hours to draft
the report and summarize the data, 7 hours for cooperative member review and comment
(7 cooperative members @ 1 hour each), and 3 hours to respond to comments from NMFS on the
cooperative report.
In addition, the description of the cooperative report is revised to remove errors. Previously an
additional cooperative catch report was described in connection with the cooperative report.
This catch report was mistakenly described as combined and integrated into the cooperative
report.
Amendment 80 cooperative report, Respondent
Number of respondents
Total annual responses
Number responses per respondent = 1
Total burden hours
Time per response = 25 hr (including recordkeeping
burden)
Total personnel cost ($25/hr)
Total miscellaneous costs (1.05)
Photocopy cost (0.05 x 20 = 1)
Attachment to email (0.05 x 1 = 0.05)

14

1
1
25
$625
$1

Amendment 80 cooperative report, Federal Government
Total annual responses
Total burden hours
Time per response = 2 hr
Total personnel cost ($25/hr)
Total miscellaneous cost

1
2 hr
$50
0

g. Annual Amendment 80 Cooperative Catch Report [REMOVED]
This report is removed. It was incorrectly included in this collection; however, it is not and
never has been a requirement.
h. Appeals
An Amendment 80 qualified vessel owner or Amendment 80 LLP license holder who believes
that NMFS has incorrectly identified his or her vessel or LLP license as meeting the criteria for a
sideboard limitation may make a contrary claim and provide evidence to NMFS.
All claims must be submitted in writing to the RAM Program, Alaska Region, NMFS, P.O. Box
21668, Juneau, AK 99802-1668, together with any documentation or evidence supporting the
request within 30 days of receiving a denial. If an applicant is notified by an Initial
Administrative Determination (IAD) that inconsistent claims made by the applicant on a permit
application have been denied, that applicant may appeal that IAD under the provisions described
at § 679.43.
Appeals, Respondent
Number of respondents
Total annual responses
Number responses per respondent = 1
Total burden hours
Time per response = 4 hr (including recordkeeping
burden)
Total personnel cost ($25/hr)
Total miscellaneous costs (0.64)
Postage (0.44 x 1 = 0.44)
Photocopy cost (0.05 x 4 pg x 1 = 0.20)
Appeals, Federal Government
Total annual responses
Total burden hours
Time per response = 4 hr
Total personnel cost ($50)
Total miscellaneous cost

1
1
4
$100
$1

1
4
$200
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. NOAA Fisheries will retain control over the information and
safeguard it from improper access, modification, and destruction, consistent with NOAA

15

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 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.
The application for inter-cooperative transfer of Amendment 80 cooperative quota may be
submitted online at http://www.alaskafisheries.noaa.gov. The cooperative report may be
submitted as an attachment to email to RAM.Alaska@noaa.gov. Applications are “fillable” on
the computer screen by participant at the NMFS Alaska Region Home Page at
www.alaskafisheries.noaa.gov, then downloaded, printed, and faxed or mailed to NMFS. Future
plans include interactive permit applications completed through the Internet.
4. Describe efforts to identify duplication.
No duplication exists with other information collections.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
There is currently only one Amendment 80 cooperative. Most firms operating vessels in this
cooperative are large entities, with annual gross revenues in excess of $4.0 million. Thus, the
cooperative composed of these firms is, itself, a large entity, by definition. The 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.
This collection describes a structure to allow the non-AFA trawl catcher/processors to form
cooperatives, thus facilitating bycatch reduction and improved utilization. Without the specified
permitting scheme described in this Supporting Statement, the program would be jeopardized.
The consequences of not collecting this information would be that NMFS could not fulfill the
intent of the laws mentioned earlier.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
Not Applicable.

16

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 Federal Register Notice published on March 9, 2010 (75 FR 10757) solicited public comments
on the information collection. One comment was received from the one Amendment 80
cooperative. The commenter said that the estimated time needed to complete the annual
Amendment 80 cooperative report is inaccurate and provided new estimates as follows:
NMFS
Estimated Time
(hr)
-

Task
Drafting report and summarizing data
Cooperative member review and
comment
Response to comments
Total

4

Coop
Recommended Time
(hr)
15
7
(7 cooperative members
@ 1 hr each)
3
25

NMFS’ estimate for completion of the cooperative report was originally 4 hr. The cooperative
has submitted two coop reports, one for 2009 and one for 2010, and timed the creation of the
report. With this experience, NMFS has confidently changed the estimate for this report to
match the cooperative’s estimate.
The cooperative’s comment goes on to state that, in their opinion, most of the information in the
annual Amendment 80 cooperative report submitted to NMFS is available to NMFS staff. In
fact, the information that Best Use Cooperative staff uses to complete the report is collected from
a NMFS website. Therefore, reporting this information back to NMFS is unnecessary.
NMFS believes that construction of the Amendment 80 cooperative report by persons that are
most closely tied to that information provides the most efficient and accurate summary of events
and information and thus will maintain this requirement.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payment or gift will be provided under this program.

17

10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
As stated on the forms and in the regulations, the information collected is confidential under
section 303(d) of the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.); and also under NOAA
Administrative Order (AO) 216-100, which sets forth procedures to protect confidentiality of
fishery statistics.
All information collected is in a system of records: NOAA #19, notice published April 17, 2008.
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.
Not Applicable.
12. Provide an estimate in hours of the burden of the collection of information.
Estimated total unique respondents, 38, reduced from 44. Estimated total annual responses, 65,
reduced from 1,062. Estimated total annual burden, 155 hr, reduced from 891 hr. Estimated
total annual personnel cost, $3,875, reduced from $22,175.
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).
Estimated annual total miscellaneous costs, $176, reduced from $2,732.
14. Provide estimates of annualized cost to the Federal government.
Estimated total annual burden, 39 hr, reduced from 605 hr. Estimated total annual personnel
cost, $1,075, reduced from $15,325.
15. Explain the reasons for any program changes or adjustments.
NMFS makes adjustments in this collection to number of participants and therefore to burden
hours and personnel costs. The burden time per response for the Amendment 80 cooperative
report is increased, based on a comment by the current cooperative. In addition, a correction is
made by removing a catch report which was incorrectly included in this collection.
Application for Amendment 80 Quota Share
A decrease of $20 miscellaneous cost, $114 instead of $134.
Application for Amend 80 Cooperative Quota Permit
a decrease of 43, respondents and responses, 1 instead of 44
a decrease of 86 burden hours, 2 hr instead of 88 hr

18

a decrease of $2,150 personnel cost, $50 instead of $2,200
a decrease of $121 miscellaneous cost, $2 instead of $123.
Application for an Amendment 80 Limited Access Fishery
a decrease of 36 respondents and responses, 8 instead of 44
a decrease of 72 burden hours, 16 instead of 88
a decrease of 1,800 personnel cost, 400 instead of 220
a decrease of $100 miscellaneous cost, $23 instead of $123.
Application to transfer Amendment 80 QS
an increase of 10 respondents and responses, 25 instead of 15
an increase of 20 hours, 30 instead of 50
an increase of $500 personnel cost, $1,250 instead of $750
a decrease of $8 miscellaneous cost, $35 instead of $43.
Application for inter-cooperative CQ transfer – burden and cost currently for only one
cooperative; one potential cooperative is added.
a decrease of 4 respondents and responses, 1 instead of 5
a decrease of 3 burden hours, 2 instead of 5
a decrease of 75 personnel cost, $50 instead of $125
a decrease of $2 miscellaneous cost, $0 instead of $2.
Amend 80 Cooperative Catch Report [REMOVED]
a decrease of 44 respondents, 0 instead of 44
a decrease of 880 responses, 0 instead of 880
a decrease of 440 burden hours, 0 hr instead of 440 hr
a decrease of $11,000 personnel cost, $0 instead of $11,000
a decrease of $2,266 miscellaneous cost, $0 instead of $2,266.
Amend 80 Cooperative Report
a decrease of 43, respondents and responses, 1 instead of 44
a decrease of 151 burden hours, 25 hr instead of 176 hr
a decrease of $3,775 personnel cost, $625 instead of $4,400
a decrease of $38 miscellaneous cost, $1 instead of $39.
Appeals
a decrease of 1 respondent and response, 1 instead of 2
a decrease of 4 hours, 4 instead of 8.
Total net adjustments:
A decrease of 6 respondents.
A decrease of 997 responses.
A decrease of 736 hours
A decrease of 18,300 personnel costs
A decrease of $2,556 miscellaneous costs.

19

(The decreases due to removal of the cooperative catch report are adjustments, but appear in
ROCIS as due to agency discretion, as there is no “adjustment”option to check when removing
an information collection).
16. For collections whose results will be published, outline the plans for tabulation and
publication.
The information collected 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.
Not Applicable.
18. Explain each exception to the certification statement.
Not Applicable.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection does not employ statistical methods.

20


File Typeapplication/pdf
File TitleSUPPORTING STATEMENT
Authorpbearden
File Modified2010-08-25
File Created2010-08-25

© 2024 OMB.report | Privacy Policy