0075 SS 112310rev

SUPPORTING STATEMENT
FOREIGN FISHING REPORTING REQUIREMENTS
OMB CONTROL NO. 0648-0075

A.

JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.
This request is for renewal of the current information collection.
This information collection is necessary to comply with the Magnuson-Stevens Fishery
Conservation and Management Act (MSA), 16 U.S.C. 1801 et seq and the Marine Mammal
Protection Act (MMPA), 16 U.S.C. 1361 et seq. Pursuant to regulations promulgated under the
MSA at 50 CFR Part 600, Subpart F, foreign fishing vessels may be authorized to fish in United
States (U.S.) waters.
Permits are provided to foreign fishing vessels authorized to fish in U.S. waters. Each foreign
nation and the owners or operators of that nation's fishing vessels must comply with the MSA,
requirements at 50 CFR Part 600 Subpart F, conditions included in any permit issued under the
MSA, and conditions included in the relevant governing international fishery agreement, as well
any regulations promulgated to implement fishery management plans.
Certain amounts of fish specified in a fishery management plan as the “Total Allowable Level of
Foreign Fishing” (TALFF) may be allocated to a foreign nation for harvest directly by permitted
foreign vessels of that nation. Also, the vessels of a foreign nation may be permitted to engage
in joint ventures, wherein U.S. vessels’ catch of certain species can be transferred at-sea to
permitted foreign vessels up to an amount specified as “Joint Venture Processing” (JVP) in a
fishery management plan. TALFFs and JVP amounts are established by deducting the estimated
domestic harvest from the optimum yield of a fish stock. Permits could also be issued to
authorize foreign transport vessels to receive transshipments from U.S. or foreign vessels, of
processed fish or fish products, destined for landing at foreign ports.
Reports from permitted foreign vessels are required in 50 CFR 600.502 and 600.507. National
Marine Fisheries Service (NMFS) must collect information on catch by foreign fishing vessels
and the U.S. catch delivered at sea to foreign fishing vessels (FFVs) in joint ventures. This
information is necessary in order to know when to close directed and joint venture fisheries in a
timely manner, to avoid exceeding the specified TALFF and JVP amounts. NMFS must also
monitor directed foreign fishing/joint ventures to ensure that directed foreign catches or joint
venture catches by U.S. vessels delivered to FFVs do not adversely affect supplies for domestic
processors. To monitor the activities of permitted foreign vessels, it is necessary for these
vessels to submit reports indicating their catch, effort, or received fish and whereabouts when in
U.S. waters.
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U.S. observers are placed aboard virtually all foreign vessels conducting directed fishing or
participating in joint ventures. However, the observers cannot provide coverage around the
clock and observer data are primarily a means of verifying reports submitted under requirements
of 50 CFR Part 600, Subpart F.
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 required by 50 CFR 600.502 and 600.507 generally falls into reporting and
recordkeeping categories, respectively:
Section 600.502 requires reports on the activities of FFVs. The operator of each FFV must
report the FFV’s movements and activities before or upon the event in messages submitted to the
appropriate Coast Guard commander and NMFS office. The instructions for the messages are
contained in the conditions of the FFV’s permit. Similar messages are required if the FFVs will
receive or have received fish from U.S. vessels. The following messages, identified by the word
within quotes, are required:
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“BEGIN” messages must indicate date, time, position, and area the FFV will begin
fishing in the Exclusive Economic Zone (EEZ). The message must be delivered at least
24 hours before the vessel begins to fish.
“DEPART” messages must specify the date, time, position, and area the FFV will depart
the EEZ to embark or debark an observer, to visit a U.S. port, to conduct a joint venture
in internal waters, or to otherwise temporarily leave an authorized fishing area, but not
depart the seaward limit of the EEZ. The message must be transmitted before the FFV
departs the present fishing area and delivered within 24 hours of its transmittal.
‘‘RETURN’’ messages must specify the date, time, position, and area the FFV will return
to the EEZ following a temporary departure, and the species, product, and quantity of all
fish and fish products on board that were received in a joint venture in internal waters.
The message must be transmitted before returning to the EEZ and delivered within 24
hours of its transmittal.
‘‘SHIFT’’ messages must specify the date, time, and position the FFV will start fishing,
and the new area. The message must be transmitted before leaving the original area and
delivered within 24 hours of its transmittal.
‘‘JV OPS’’ messages must specify the date, time, position, and area at which the FFV
will start or end joint venture operations. These reports must be made in addition to other
activity reports made under this section. Each message must be transmitted before the
event and delivered within 24 hours of its transmittal.
‘‘TRANSFER’’ messages are submitted when an FFV anticipates a transshipping
operation in which the FFV will receive fish or fisheries products. These reports must
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specify the date, time, position, and area the FFV will conduct the transfer and the name
and International Radio Call Sign (IRCS) of the other FFV or U.S. vessel involved. The
message must be transmitted prior to the transfer.
‘‘OFFLOADED’’ messages must specify the date, time, position, and area the FFV
offloads fish or fisheries products to another FFV or a U.S. vessel in a transfer, the other
FFV’s or U.S. vessel’s name, and other information. The message must be transmitted
within 12 hours after the transfer is completed and delivered within 24 hours of its
transmittal and before the FFV ceases fishing in the EEZ.
‘‘RECEIVED’’ messages must specify the date, time, position and area the vessel
received fish or fisheries products from another FFV in a transfer, the other FFV’s or
U.S. vessel’s name and other information. The message must be transmitted within 12
hours after the transfer is completed and delivered within 24 hours of its transmittal and
before the vessel ceases fishing in the EEZ.
‘‘CEASE’’ Each operator must specify the date, time, position, and area the FFV will
cease fishing in order to leave the EEZ. The message must be delivered at least 24 hours
before the FFV’s departure.
‘‘CHANGE’’ messages must be submitted if there are any changes to the FFV’s
operations.
‘‘CANCEL’’ messages must be submitted if the operator wants to cancel a previous
message. The message must be transmitted and delivered prior to the date and time of
the event in the original message.

BEGIN and CEASE reports are required for actually placing and debarking observers, verifying
that the reporting vessel has a valid permit for the planned activity before fishing, or scheduling
exit boardings. The time and position data are needed for at-sea boardings by the Coast Guard to
intercept reporting FFVs to verify the reported product on board and check for illegal gear.
TRANSFER, OFFLOADED, RECEIVED messages are critical to enforcement. They enable the
Coast Guard to prepare for vessel boardings during transfers between fishing and cargo vessels
to compare the respective amounts of products reported by the fishing vessel captain against
products received and reported by the cargo vessel. Product recovery rates are used to convert
product weight to raw weight to verify that raw fish reported to have been caught in the EEZ or
received from U.S. fishing vessels are correctly recorded in vessel logs required by §600.507.
Messaged reports on joint venture operations (JVOPS) are used by the NMFS and the Coast
Guard to verify that the reporting foreign vessel is authorized to receive U.S.-harvested fish, for
placing observers, and to confirm that the operations are confined to the areas and times
authorized.
CHANGE and CANCEL messages provide a mechanism for changing or canceling previous
reports. These provide the vessel captain with a standard message for keeping Coast Guard and
NMFS advised of last minute changes to avoid potential enforcement actions when unanticipated
changes or errors occur in previously transmitted messages.
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These messages, in combination with the SHIFT message, provide a means for Coast Guard and
NMFS to monitor activities at-sea and areas of operation of foreign vessels; to plan occasional,
unannounced boardings; to account for all fish aboard foreign vessels; and to distinguish fish
taken in the EEZ from fish carried into the EEZ; to verify, by boardings, the information
provided in transfer reports, the data maintained in vessel logs under §600.507, and compliance
with regulations to protect U.S. fishery resources from illegal fishing.
Section 600.502(f) requires radioed weekly messages reporting catch, receipts of U.S.-harvested
fish, and incidental catch of marine mammals. The nation's designated representative is
responsible for transmitting these reports which originate with an FFV operator. These reports
must be submitted to the appropriate NMFS Regional Administrator or Center Director on the
Wednesday following the end of the reporting period. No reports are required if fish were not
taken or received during the week.
Weekly reports must summarize weekly catches in round weight of each species or species group
by area and days fished (CATREPS) and weekly receipts of U.S. harvested fish by round weight
of species or species group (RECREPS). RECREPs must identify the U.S. vessels from which
the fish were received, the numbers of vessels transferring and the codends received, the
prohibited species received, and round weight of fish returned to U.S. fishermen. These reports,
in conjunction with observer reports, provide timely information on which to base management
actions.
Regional Administrators and Center Directors use weekly reports to monitor the rate at which
FFVs are taking national allocations of fish and the total U.S. harvest available for receipt by
FFVs; to project dates of fishery closures by country or management area to avoid exceeding the
optimum yield of a species or species group; and to comply with the MSA requirement to protect
the portion of the optimum yield set aside for domestic processors. Reports of receipts of U.S.harvested fish are similarly used to determine when the aggregate JVP will be achieved. The
data are similarly processed and JVP fisheries closed when analyses of weekly reports indicate
JVPs will be achieved.
Weekly catch reports are compared with observer data to test their accuracy. They are used to
develop rates of catch by species, area, and nation. Notices of projected closures are sent to
country agents based on the above information. A comparison of the data reported by each
vessel can also signal underreporting.
Marine mammal reports (MAMREP; section 600.502(f)(4)) must be transmitted if marine
mammals are incidentally taken. The MAMREP must list the geographic position of the taking,
the numbers of animals by species, and their condition. Reports of the take or receipts of marine
mammals are required as part of NMFS responsibilities under the Marine Mammal Protection
Act. The reports can support enforcement actions if a vessel has not been issued an appropriate
Marine Mammal Permit Program certificate and either captures or receives a marine mammal
during its operations.
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Recordkeeping provisions are consolidated under section 600.507. They require that FFV
owners and operators maintain timely and accurate records for inspection by an authorized
officer or observer. The required logs include a communications log of the messages submitted
in accordance with 600.502, a transfer log that includes quantities transferred or offloaded
outside the EEZ, and a daily fishing log of fishing effort, catch and production. The forms for
the daily fishing log and the daily joint venture are attached. FFVs that receive fish from foreign
catching vessels for processing or U.S.-harvest fish from U.S. fishing vessels in a joint venture
must maintain a daily consolidated fishing or joint venture log, in addition to the
communications log and transfer log. These logs provide the record of such activities for
inspection aboard the vessel and a history of its activities within and outside the EEZ. The logs
are important enforcement tools when prosecuting violations to determine a history of any illegal
activities.
Logbooks must be retained over a period of time because enforcement is not limited to the
current year. Three years was selected as appropriate for retention since it is a reasonable period
of time and violations occurring prior to the three-year period could be difficult to corroborate.
The need for retention of logbooks was borne out in a case involving the Nichiro Company. This
case concerned a long-term conspiracy between a Japanese transport vessel and Japanese
trawlers. Although the case was settled for two million dollars and permit sanctions for 20
vessels, other vessels were not penalized because the information needed to corroborate the
violations which would have been found in prior year logs (and which NOAA knew existed in
some form) was not available to enforcement officials. NOAA and the Coast Guard consider
retention of logs vital to the prosecution of violations.
Logbooks must be maintained in the formats prescribed, although section 600.507(i) provides for
alternative formats if approved by the relevant Regional Administrator. Generally, foreign
nations print and provide log forms for these FFVs. The data required to be logged is standard
information recorded in any well-run fishing operation, and collection does not impose a
significant burden. For example, the attached effort log form which contains information on the
gear, time and position of the set, course, sea depth, depth of set, haul time and position, as well
as mesh size, is information used by vessel captains and fishing companies to improve their
fishing efficiency. That information is used by observers or authorized officers boarding a FFV
for inspection to assess, for example, the potential for an unreported excess bycatch of prohibited
species such as American lobster which may be found at a certain depth in the water column or
whether undersized fish may be included in the frozen production because the mesh size was less
than prescribed. Logs on the catch provide information during boardings to correlate and verify
total catches by FFVs on a daily basis versus their production to account for all fish. The
consolidated log includes the receipt of unprocessed fish from other FFVs and the log only
applies to processing vessels or motherships. The joint venture log requires similar information
on receipts from U.S. fishermen. Together the logs provide an account of removals from the
EEZ and their disposition and are a necessary component of enforcement of the MSA.

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The logs also provide information for inspection by U.S. observers and can be used to resolve
conflicts between data recorded by the observer and by the vessel captain. The data are no
different from data normally recorded in commercial fishing operations, except that they must be
recorded in English.
Certain other reports are also required. Sec. 600.504(e)(2) requires that all records maintained
on the FFV be available during a boarding to allow enforcement officers to review the
correctness of the logs. Section 600.506(b) requires effort plans for general observer planning
and for assessing observer fees which must be paid in advance of fishing. That section also
allows for notification of changes in fishing plans by a FFV captain to avoid errors in planning or
billing. This section also provides observers authority to inspect and copy logs and records
during comparisons with the observer's records. Section 600.510 requires a vessel operator to
report an incident of sighting, or accidental or emergency placement in the EEZ of any substance
or article which may interfere with other vessels or gear, or catch fish and cause damage to
marine resources, including mammals and birds. In the case of articles which may interfere with
vessels or gear, such reports must be made to allow the Coast Guard to alert other vessels of such
hazards and thereby prevent the unnecessary losses and expenses which could result for not only
U.S. vessels but other foreign vessels as well. Since each foreign fishing nation agrees to
reimburse U.S. fishermen for losses caused by gear, it is in the interest of all FFV captains
involved in a gear conflict (or retrieving the gear of another FFV) to report such hazards or
incidents. Section 600.512(b) requires the submission of a copy of any cruise report or other
publication created as a result of scientific research conducted in the EEZ; however, no such
research is expected to be conducted during the period for which PRA approval is sought and no
estimate for this item is included in the burden estimate.
It is anticipated that 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 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.
Electronic copies of forms for weekly reports and logs are available at
http://www.nmfs.noaa.gov/gpea_forms/forms.htm. Activity reports may be submitted via e-mail.

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4. Describe efforts to identify duplication.
Data collected regarding catches, receipts from U.S. vessels, transshipments, etc., are unique to
each foreign fishing nation's particular vessels and circumstances. Although observers would be
aboard virtually all FFVs engaged in directed fishing or participating in joint ventures, they are
unable to monitor catches or production around the clock because FFVs may conduct 24-hour
fishing operations and operate more than one product line at the same time in separate areas of
the FFV.
The activity reports required by §600.502 are unique. Foreign fishermen may keep for their own
use catch reports and logs in their own language and in a variety of formats. The regulations in
section 600.507 establish standard formats for submission of catch reports, receipt reports, and
the logs kept aboard FFVs. This requirement is necessary to have this information in English
and available to enforcement personnel and observers and in a standard format. This will avoid
any claims of incorrect translations by the U.S. Government in enforcement cases.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
This collection will not have a significant impact on small businesses, organizations or
governmental entities.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Failure to collect the information would make it impossible for NMFS to carry out its
responsibilities under the MSA. If this information were to be collected less frequently, the
management of fisheries stocks would be impaired and the fish stocks might be harmed. The
frequency of collection employed represents a minimum. If reporting were to be lengthened to a
quarterly basis, the overrun could result in a very serious violation of the MSA and possibly
cause damage to U.S. fish processors. Because of the dynamic nature of fishing and fish stocks,
failure to accurately track foreign catch, joint venture receipts, the incidental catch of prohibited
species, and the current and projected foreign catch rates might result in overfishing of that stock
and subsequently reduce its availability. An incidental catch of species for which caps have been
imposed, for example, river herring in the Atlantic mackerel joint venture fishery, even if the
incidental catch is discarded by FFVs, could severely damage valuable U.S. stocks. The MSA
prohibition on exceeding the optimum yield would, in the case of the Atlantic mackerel fishery,
require a reduction of the amount available for other U.S. fishermen and fish processors.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
Not Applicable.
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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 Federal Register Notice was published on July 7, 2010 (75 FR 38975). No comments were
received.
There are continuing communications, as appropriate, with NMFS personnel who administer the
NMFS National Observer Program and with the designated agents and representatives of foreign
fishing nations. These contacts provide ongoing opportunities for the exchange of ideas
regarding the requirements of this information collection.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No gifts or payments are provided.
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, data submitted based on this information collection will be accorded
confidentiality pursuant to 50 CFR Part 600, Subpart E.
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 included in this information collection.
12. Provide an estimate in hours of the burden of the collection of information.
We are estimating an annual burden of 56 hours for reporting and recordkeeping under this
collection. While there has not been any FFV fishing or participating in joint ventures in the
U.S. EEZ in several years, it is possible that an FFV could be authorized to conduct such
activities in the U.S. EEZ. For the purposes of estimating the annual reporting burden, we are
assuming one vessel is permitted to harvest fish and participate in a joint venture for a period of
16 weeks.

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With respect to the reporting requirements, we assume that an FFV would make 90 activity
reports per year and 16 weekly reports per year, spending 6 minutes per report, for an estimated
annual reporting burden of 11 hours [(90+16)(6) = 636/60 = 10.6 rounded up to 11].
For the annual recordkeeping requirements, we assume the FFV would need 30 minutes per day
to maintain the appropriate logs. Assuming the vessel permitted to harvest fish and participate in
a JV requires 30 minutes per record-keeping day for 90 days per year, the recordkeeping burden
is estimated to be 45 hours [(30)(90) = 2,700/60 = 45].
The total estimated annual responses and burden hours are, therefore, 196 and 56 (11 hours for
reporting and 45 for recordkeeping).
There are no respondents to the other requirements and none are expected for the next three
years, as no directed foreign fishing is likely to take place.
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).
The costs to the respondents include fax transmissions, copying and/or phone calls to the
appropriate NMFS and Coast Guard offices – averaging $2.00 per weekly report and daily log,
totaling $212.
14. Provide estimates of annualized cost to the Federal government.
There will be no costs beyond the normal labor costs of staff.
15. Explain the reasons for any program changes or adjustments.
An adjustment to the estimated burden has been made to reflect a reduction in the anticipated
level of activity by foreign vessels in the U.S. EEZ. Foreign vessels have not harvested fish or
participated in joint ventures since 2003. For the one respondent, however, numbers of reports
have been corrected to more accurate estimates.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
The results 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.
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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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