SUPPORTING STATEMENT
PACIFIC HALIBUT FISHERIES: CHARTER PERMITS
OMB CONTROL NO. 0648-0592
This request is for revision and extension of an existing information collection. One element that was inadvertently omitted has been added.
INTRODUCTION
Management of and regulations for Pacific halibut (Hippoglossus stenolepis) in Alaska are developed on the international, Federal, and state levels by the International Pacific Halibut Commission (IPHC), the North Pacific Fishery Management Council (Council), the National Marine Fisheries Service (NMFS), Alaska Region, and the State of Alaska Department of Fish and Game (ADF&G). The IPHC and NMFS manage fishing for Pacific halibut through regulations established under authority of the Convention between the United States Halibut Fishery of the Northern Pacific Ocean and Bering Sea (Convention), the Northern Pacific Halibut Act of 1982, 16 U.S.C. 773c (Halibut Act), and Section 303(b) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.).
Regulations for the guided sport fishery for Pacific halibut (charter halibut fishery) in Alaska are determined annually by the Council and the IPHC. NMFS publishes these regulations each year as part of the IPHC annual management measures. Regulations for the Pacific halibut fisheries are at 50 CFR 300 subpart E.
In 2010, NMFS implemented the Charter Halibut Limited Access Program (CHLAP) to meet allocation objectives in the charter halibut fishery and provide stability in this fishery by limiting the number of charter vessels that operate in IPHC regulatory areas 2C (Southeast Alaska; Area 2C) and 3A (Central Gulf of Alaska; Area 3A) (75 FR 554, January 5, 2010). The CHLAP established new Federal charter halibut permits (CHPs) for operators in the charter halibut fishery in Areas 2C and 3A.
Since February 1, 2011, all vessel operators in these areas with charter anglers catching and retaining halibut must have an original, valid CHP on board during every charter halibut vessel fishing trip. CHPs are endorsed for the appropriate regulatory area and, except for military CHPs, the number of anglers catching and retaining halibut on a trip. A CHP remains valid until amended, revoked, suspended, or superseded by a more recent version issued by NMFS. To receive a CHP (other than a military CHP or a community CHP), an eligible applicant needed to apply during the application period, which ran from February 4 through April 5, 2010 (75 FR 1595, January 12, 2010). Eligible applicants may apply for military or community CHPs at any time.
In January 2014, NMFS implemented the Pacific Halibut Catch Sharing Plan (CSP) for the commercial and charter halibut fisheries in Areas 2C and 3A to maintain stability, economic viability, and diversity of halibut user groups by addressing allocation conflicts between participants in the commercial and charter halibut fisheries (78 FR 75844, December 12, 2013). The CSP defines an annual process for allocating halibut between the commercial and charter halibut fisheries in Areas 2C and 3A. It establishes sector allocations that vary in proportion with levels of annual halibut abundance and that balance the needs of the charter and commercial halibut fisheries over a wide range of halibut abundance in each area. Under the CSP, the Council develops recommendations to the IPHC for charter angler harvest restrictions that are intended to limit harvest to the annual charter halibut fishery catch limit in each area. The CSP replaced the Guideline Harvest Level Program for the charter halibut fishery in Areas 2C and 3A that specified predetermined harvest targets that changed in relation to changes in Pacific halibut abundance.
The CSP includes the Guided Angler Fish (GAF) Program, which authorizes limited annual transfers of commercial halibut individual fishing quota (IFQ) as GAF to qualified CHP holders for harvest by charter vessel anglers in Areas 2C or 3A. GAF and GAF permits enable CHP holders to lease a limited amount of IFQ from commercial quota share holders to allow charter vessel anglers to harvest halibut in addition to, or instead of, the halibut harvested under the daily bag limit for charter anglers. GAF harvested in the charter halibut fishery is accounted for as commercial halibut IFQ harvest.
More information on the CHLAP, the CSP, and the GAF Program is on the NMFS, Alaska Region, website1 and at 50 CFR 300.65 and 300.67.
This information collection describes the applications and transfer requirements associated with CHPs and GAF permits. Associated information collections for CHP and GAF permit holders are approved under OMB control numbers 0648-0575 (Charter Recordkeeping), and 0648-0665 (Alaska Community Quota Entity [CQE] Program).
OMB Control Number 0648-0575 contains the charter halibut fishery recordkeeping requirements: the ADF&G Saltwater Sport Fishing Charter Trip Logbook, the GAF landing report, and the GAF permit log. The logbook is the primary reporting requirement for charter vessel operators, and collects information including where and when charter fishing occurs and the species and numbers of fish kept and released by the individual charter anglers. The GAF landing report collects information on each GAF halibut retained by an angler on a charter vessel fishing trip in Area 2C or 3A. GAF permit holders submit the GAF landing report through eFISH, the NMFS-approved electronic reporting system, or submit a manual GAF landing report if unable to submit electronically. A GAF permit log is printed on the back of each GAF permit and must be used by the GAF permit holder to record the confirmation number issued by eFISH and information on GAF halibut after a trip in which GAF halibut were retained.
OMB Control Number 0648-0665 includes three collections that apply to CQEs representing communities that participate in the charter halibut fishery in Area 2C or 3A: the application for a community CHP; the CQE Annual Report; and the application for transfer between IFQ and GAF for CQEs. The community CHP application is used by CQEs that represent eligible communities to apply for a CHP. A CQE holding one or more community CHPs in a calendar year must submit to NMFS an annual report that provides information on business operations and fishing activity associated with the community CHP for each eligible community represented by the CQE. The transfer application is used when a CQE is either the transferor or transferee in a transfer between Area 2C or 3A commercial halibut IFQ and GAF.
A. JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary.
Under the CHLAP, CHPs and military CHPS are required at 50 CFR 300.67 for charter vessels operating in Areas 2C and 3A. As the application period and selection process for initial issuance of CHPs has ended, no new CHPs (other than military and community CHPs) will be issued, and CHPs may only be obtained through transfer. This information collection currently supports transfer of CHPs and the application for a military CHP.
This information collection also supports transfers between commercial halibut IFQ and GAF, the issuance of GAF permits, and appeals for disapproval of transfer between IFQ and GAF. Under the CSP, regulations at 50 CFR 300.65 enable CHP holders to receive by transfer commercial halibut IFQ as GAF to provide charter vessel anglers an opportunity to harvest a number or size of halibut over and above the CSP restriction in place for Area 2C or 3A. Use of GAF and the associated GAF permit are voluntary, but the regulations require submittal and approval of a complete application for transfer in order to transfer between IFQ and GAF and for the CHP holder to receive a GAF permit.
This information collection contains the components listed in the following table.
Component |
Regulations 50 CFR part 300 |
Application for Transfer of CHP |
§ 300.67(i) |
Application for Military CHP |
§ 300.67(l) |
Application for Transfer Between IFQ and GAF and issuance of GAF Permit |
§§ 300.65(c)(5)(ii) and (c)(5)(iii) |
Appeal for Disapproval of an Application to Transfer Between IFQ and GAF |
§ 300.65(c)(5)(ii)(B)(4)(iii) |
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 Transfer of Charter Halibut Permit (CHP) [adjusted]
CHP permit holders use this application to transfer a transferrable CHP to an individual or non-individual entity that meets the eligibility requirements. Both the transferor and the transferee are required to complete and sign the application. The information collected on this application is necessary for NMFS to determine whether the transfer meets all regulatory requirements.
This application is not used by holders of military CHPs or community CHPs. Military CHPs are non-transferrable, and transferors of community CHPs use a separate application approved under OMB Control No. 0648-0665.
The application period and initial issuance of CHPs ended in 2010 (other than for military CHPs, see below, and community CHPs, see OMB # 0648-0665); therefore, a CHP may be obtained only through transfer. The CHPs were issued as either transferrable or non-transferrable, based on certain minimum participation criteria. Non-transferrable CHPs are invalid once the permit holder dies or the entity dissolves, or new shareholders or partners are added to the business.
Applications for transfer of CHPs are available from the NMFS, Alaska Region, website.
The CHP transfer application may be submitted to the NMFS, Alaska Region, Restricted Management Program by mail or hand delivery. Electronic or fax submittal of the application is not accepted because the application requires return of the original permits and notarized signatures of the transferor and the transferee or their authorized representatives.
The application collects the following information:
Attachments
Check each applicable box to ensure that application is complete
Completed Application
Current original CHP(s) enclosed
Transferee ownership and affiliation
Power of Attorney (if applicable)
Block A – Required documentation
Checklist to help participant ensure application is complete
Block B – Identification of CHP(s) to be transferred
List permit number(s)
Indicate if this transfer is a single group of “grandfathered” CHPs
If YES, indicate whether the transfer of these permits includes the sale or purchase of the transferor’s entire charter halibut business.
If NO, your transfer will not be approved as submitted.
Block C – Transferor (seller) information
Name of Transferor (as it appears on the permits)
NMFS Person ID(s)
Business name
Permanent business mailing address and temporary mailing address (if applicable)
Business telephone number, business fax number, and e-mail address
Block D – Transferee (receiver) information
Indicate whether the person applying to receive the permit(s) is a U.S. Citizen or a U.S. Business with 75% U.S. ownership (individual, corporation, partnership, or other association).
If NO, STOP HERE. This person is not eligible to receive a permit.
Name of Receiver(s) (as it will appear on the permit)
Business mailing address and temporary mailing address (if applicable)
Business telephone number, business fax number, and e-mail address
Block E1 – Ownership documentation (to be completed by transferee)
Names of each person, to the individual level, holding an ownership or control interest of 10% or more in the CHP(s) being transferred
Percentage ownership each person and individual will hold in the CHP(s)
If the Transferee is a non-individual (i.e., a corporation, partnership or other entity), provide the names of and the percentage of ownership held by, all of its owners to the individual level.
Block E2 – Identification of affiliation (to be completed by transferee)
Provide the names of the persons with whom the applicant is affiliated at 10% or greater level of ownership or control.
Enter percentage of interest. Do not repeat owner names provided in Block E1.
Block F – To be completed by the transferor
Total amount being paid for the permit(s) in this transaction, including all fees
Whether this amount includes the price of the charter halibut business
Reason(s) for transferring the permit(s) (check all that apply)
Block G – To be completed by the transferee
If CHP is being used as collateral for a loan, enter name of party holding security interest or lien.
If the transfer of this CHP includes the sale of the charter halibut business, enter name of business.
If transferee currently holds other CHPs, transfer of “grandfathered” CHPs cannot be approved.
If there is an agreement to return the permit to the transferor (seller) or to transfer it to any other person, explain (use attachment if necessary).
If there is any condition requiring the resale or conveyance of the permit, explain (use attachment if necessary).
Block H – Certification of transferor
Signature, date signed, and printed name of transferor. If signed by agent, attach authorization.
Notary Public Signature, Notary Stamp or Seal, and date commission expires
Block I – Certification of Transferee
Signature, date signed, and printed name of transferee. If signed by agent, attach authorization.
Notary Public Signature, Notary Stamp or Seal, and date commission expires
The number of respondents and responses indicated in this analysis is greater than in prior statements to reflect the number of respondents and responses in 2017. Future annual numbers are expected to remain similar. The transferee and transferor are included in the number of respondents, since both must complete and sign the application; therefore, there are two respondents per response (the transfer application). The cost of postage increased from 45 cents to 49 cents. The total notary cost was increased to reflect that both the transferor and transferee need to have their signatures notarized. The total photocopy cost was increased to reflect that the transferor and transferee may each keep a copy of the application. Federal government personnel costs increased from $37/hr to $42/hr.
Application for Transfer of CHP, Respondents |
|
Total number of respondents Total annual responses Total annual time burden Estimated response time = 2 hr x 37 Total personnel costs ($37/hr x 74) Total miscellaneous costs (776.63) Mail ($0.49 x 37 = 18.13) Notary ($10 x 74 = 740) Photocopy ($0.05 x 5 pp x 74 = 18.50) |
74 37 74 hr
$2,738 $777
|
Application for Transfer of CHP, Federal Government |
|
Total responses Total annual time burden (18.50 hr) Estimated response time = 30 minutes Total personnel costs ($42/hr x 19) Total miscellaneous costs |
37 19 hr
$798 $0 |
b. Application for Military Charter Halibut Permit [adjusted]
The Application for Military CHP is used by a Morale, Welfare, and Recreation (MWR) Program of the U.S. Armed Services to apply for a military CHP for use by the program in Area 2C or 3A. The information collected is necessary for NMFS to determine the applicant’s authority to apply for a CHP on behalf of the MWR Program and the eligibility of the program to receive a military CHP.
Military CHPs are required for charter halibut vessels operated in Areas 2C and 3A by an MWR Program. A military CHP is non-transferable and is valid only in the regulatory area designated on the permit. An MWR Program may hold multiple military CHPs; however, NMFS reserves the right to limit the number of permits.
An MWR Program may apply for a military CHP at any time. Military CHP applications are available from the NMFS, Alaska Region, website.
The application may be submitted to the NMFS, Alaska Region, Restricted Management Program by mail, hand delivery, or fax. Electronic submittal other than fax is not accepted because the application requires the original signature of the applicant.
The application collects the following information:
Attachment
Attach official documentation showing the individual completing the application has the authority to apply for a military CHP on behalf of the MWR Program.
Block A – Military information
Enter the branch of the United States Armed Services represented.
Block B – Applicant information
Applicant’s name
Business mailing address (street or P.O. Box, city, state, zip code)
Business telephone number, business fax number, and business e-mail address
Block C – Military charter halibut permit(s) request
List the number of MWR permits requested for each area, 2C and 3A.
Block D – MWR Program applicant signature
Signature, printed name, and rank in service of individual completing this application
Date signed
At present, NMFS has issued seven military CHPs, but none have been issued since 2012. For purposes of this analysis, one response is used. The estimated response time was decreased from 1 hour to 30 minutes. The cost of postage increased from 45 cents to 49 cents, and Federal government personnel costs increased from $37/hr to $42/hr.
Application for Military CHP, Respondents |
|
Total number of respondents Total annual responses Total annual time burden (0.5 hr) Estimated response time = 30 minutes Total personnel costs ($37/hr) Total miscellaneous costs (0.59) Mail (0.49 x 1 = 0.49) Photocopy (0.05 x 2 pp x 1 = 0.10) |
1 1 1 hr
$37 $1
|
Application for Military CHP, Federal Government |
|
Total responses Total annual time burden (0.5 hr) Estimated response time = 30 minutes Total personnel costs ($42/hr) Total miscellaneous costs |
1 1 hr
$42 $0 |
c. Application for Transfer Between IFQ and GAF and issuance of GAF permit [adjusted]
A CHP or military CHP holder may voluntarily participate in the GAF Program, which allows transfer of commercial halibut IFQ for use as GAF by charter vessel anglers. This application is used to transfer Area 2C or 3A commercial halibut IFQ for use as GAF or to return unused GAF to the IFQ permit holder from which it was obtained. Both the transferor and the transferee must complete and sign the application. The information collected is necessary for NMFS to determine the eligibility of the transfer to occur, to transfer GAF to the CHP holder or return unused GAF to the IFQ permit holder, and to issue a GAF permit.
On approval of the application, NMFS issues a GAF permit to the CHP holder receiving GAF. A GAF permit authorizes the CHP holder designated on that GAF permit to allow charter vessel anglers to retain halibut in excess of the effective CSP restriction, up to the limits on GAF use at § 300.65(c)(5)(iv).
CHP holders requesting GAF must specify the CHP to which the GAF permit will be linked. Each GAF permit is linked to only one CHP or military CHP in Area 2C or Area 3A, and the link may not be changed during that year. NMFS will issue a revised GAF permit to the GAF permit holder each time during the year that it approves a transfer between IFQ and GAF for that GAF permit.
CQEs that hold community CHPs are also eligible to receive IFQ as GAF. The application for transfer between IFQ and GAF by a CQE is approved under OMB # 0648-0665.
GAF permits expire at 11:59 pm on the day prior to the automatic GAF return date. NMFS returns unused GAF to the IFQ permit from which it originated 15 days before the end of the commercial halibut fishing season for that year. GAF may not be retained by charter vessel anglers on or after this return date. No application is required for the automatic return of unused GAF.
GAF permit holders who wish to return unused GAF prior to the automatic GAF return date may use this application to transfer the GAF back to the IFQ permit holder from which it was obtained. Applications to return unused GAF are accepted only from August 1 through August 31.
NMFS will not approve an application to transfer IFQ to GAF before annual IFQ is issued for each year or after one month prior to the closing of the commercial halibut fishing season for that year. Applications to transfer IFQ to GAF will not be accepted during the one month prior to the automatic GAF return date to ensure that all GAF transactions are completed before the automatic return date.
Persons who submit an Application for Transfer Between IFQ and GAF will receive notification of NMFS’s decision to approve or disapprove the transfer.
NMFS issues GAF in numbers of fish, basing the conversion between annual IFQ and GAF on average weight of halibut landed in each region’s charter halibut fishery (Area 2C or 3A) during the previous year, as determined by the State of Alaska Department of Fish and Game. The number of GAF requested is deducted from or added to the annual IFQ permit in round weight equivalent pounds.
The IFQ permit holder is responsible for all IFQ cost recovery fees resulting from the transferred GAF. No fees will be assessed for any unused GAF unless it is later harvested by the IFQ permit holder. IFQ cost recovery fees are authorized under OMB Control No. 0648-0711.
To report GAF landings, the GAF permit holder must submit a GAF landing report using eFISH, the NMFS-approved electronic reporting system on the NMFS, Alaska Region. The GAF landing report is authorized under OMB Control No. 0648-0575.
As the GAF program is voluntary, CHP holders can weigh their own costs and benefits of participating in the program.
GAF transfer applications are available from the NMFS, Alaska Region, website.
The application may be submitted to the NMFS, Alaska Region, Restricted Management Program by mail, hand delivery, or fax. Electronic submittal other than fax is not accepted because the application requires the original signatures of the transferor and transferee.
The application collects the following information:
Attachments
Check each applicable box to ensure that application is complete.
Completed application
Copy of IFQ permit(s) enclosed
Copy of CHP (Transferee receiving GAF must have a valid CHP)
Power of Attorney (if applicable)
Block A – Identification of transferor (lessor)
Name and NMFS Person ID of Transferor
Permanent Business Mailing Address and temporary Business Mailing Address (if applicable)
Business Telephone Number and Business Fax Number
Business E-mail Address
Block B – Identification of transferee (lessee)
Name and NMFS Person ID of Transferee
Permanent Business Mailing Address and Temporary Business Mailing Address (if applicable)
Business Telephone Number and Business Fax Number
Business E-mail Address
Block C – Identification of IFQ and/or GAF to be transferred
IFQ Permit Number
IPHC Area
CHP Number
GAF Permit Number (only when GAF is returning to the IFQ permit holder)
Number of GAF
Block D –Transferor supplemental information
Indicate if this was a gift.
If NO, add total amount paid for the IFQ, including fees.
Add price per pound of IFQ.
Indicate if a broker was used to facilitate the transfer.
If YES, indicate amount paid in brokerage fees.
Block E – Certification of transferor
Signature and printed name of Transferor and date signed
If authorized representative, attach authorization.
Block F – Certification of transferee
Signature and printed name of Transferee and date signed
If authorized representative, attach authorization.
The number of respondents and responses was increased in this analysis from prior statements to reflect the number of respondents and responses in 2017. Future annual numbers are expected to remain similar. The transferee and transferor are included in the number of respondents, since both must complete and sign the application. The number of respondents also was adjusted to reflect that the same respondents may make multiple transfers. The total cost of photocopies was increased to reflect that the transferor and transferee may each keep a copy of the application.
Federal government personnel costs increased from $37/hr to $42/hr, and the total Federal miscellaneous costs decreased because this collection no longer has the annual equipment costs and updates reported in the supporting statement for the 2015 renewal.
Application for Transfer Between IFQ and GAF, Respondent |
|
Number of respondents Total annual responses Total burden hours Time per response = 90 minutes Total personnel costs ($37/hr x 480) Total miscellaneous costs (505.20) Mail ($0.49 x 280 = 137.20) Fax ($6 x 40 = 240) Photocopy ($0.05 x 4 pp x 640 = 128) |
160 320 480 hr
$17,760 $505
|
Application for Transfer Between IFQ and GAF, Federal Government |
|
Number of responses Total burden hours Time per response = 30 minutes Total personnel costs ($42/hr x 160) Total miscellaneous costs |
320 160 hr
$6,720 $0 |
d. Appeal of Disapproval of an Application for Transfer Between IFQ and GAF [added]
The 2012 revision and 2015 renewal of this information collection inadvertently omitted appeals for disapproval of a transfer between IFQ and GAF. This supporting statement adds this component.
If NMFS disapproves an Application for Transfer Between IFQ and GAF, NMFS will provide the reason in writing by mail, posted on the date of that decision. The applicant may appeal the decision pursuant to 50 CFR 679.43.
No appeals have been made. For purposes of this analysis, one response is used.
Transfer appeals, Respondent |
|
Number of respondents Total annual responses Total burden hours Time per response = 4 hr Total personnel costs ($37/hr x 4) Total miscellaneous costs (500.49) Attorney at $125 per hour: 500 Postage ($0.49 x 1 = 0.49) |
1 1 4 hr
$148 $500
|
Transfer appeals, Federal Government |
|
Number of responses Total burden hours Time per response = 4 hr Total personnel costs ($125/hr x 4) Total miscellaneous costs |
1 4 hr
$500 $0 |
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 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 (the Information Quality Act), which requires NMFS to ensure the quality, objectivity, utility, and integrity of information it publicly disseminates. Public dissemination of data collected by this information collection is governed by NOAA's information quality guidelines, which were issued on October 30, 2014.2
It is anticipated that the information collected will be disseminated to the public or used to support publicly disseminated information. CHP holders, GAF permit holders, CHP transfers, and GAF transfers are posted on the NMFS, Alaska Region, website. Personally identifiable information and confidential business information submitted in an administrative appeal are not released to the public. Final administrative appeal decisions with redactions are posted on the NMFS National Appeals Office website.3
NMFS and the National Appeals Office 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 Question 10 of this Supporting Statement for more information on confidentiality and privacy.
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.
NMFS, Alaska Region, is working toward offering more on-line services.
The applications described herein are available on the NMFS, Alaska Region, website as fillable pdfs for participants to download, print, and mail or deliver to NMFS. Electronic or fax submittal of the CHP transfer application is not accepted because the application requires return of the original permits and notarized signatures of the transferors and the transferees or their authorized representatives. The military CHP application and the application for transfer between IFQ and GAF may be submitted by fax. Electronic submittal other than fax is not accepted for these applications because they require original signatures.
Results of this information collection are available to the public over the internet. Lists of the current year’s CHP holders and GAF permit holders are posted on the NMFS Alaska Region website. This website also posts spreadsheets of CHP transfer data since 2012 that summarize transaction counts and prices, and posts spreadsheets of GAF transfer data since 2014 that summarize average price per pound and transaction counts and prices.
4. Describe efforts to identify duplication.
None of the information collected as part of this information collection duplicates other collections. This information collection is part of a specialized and technical program that is not like any other.
5. If the collection of information involves small businesses or other small entities, describe the methods used to minimize burden.
This information collection impacts small entities but does not impose a significant effect on them. NMFS has attempted to minimize the burden of this collection on small entities. Currently, CHPs do not expire and NMFS does not require CHP holders to renew their permits, which saves permit holders the time burden and expense of reapplying for their permits. CHP transfers and transfers between IFQ and GAF are voluntary and done only when the permit holder deems necessary.
Additionally, all of the applications in this information collection are available online as fillable pdfs. The military CHP application and the application to transfer between IFQ and GAF may also be submitted by fax. A toll-free phone number is available for participants to contact NMFS Restricted Access Management staff for help or information.
Fishermen can access their NMFS permit accounts using eFISH, the NMFS-approved electronic reporting system on the Alaska Region website, to check a GAF permit balance, enter GAF landings, and report a GAF landing.
6. Describe the consequences to the Federal program or policy activities if the collection is not conducted or is conducted less frequently.
It would not be possible to effectively manage the CHLAP, the CSP, or carry out the mandates of the Halibut Act and the Magnuson-Stevens Act if this collection were not conducted or conducted less frequently. This information collection is required to manage commercial and charter halibut fishing under the Halibut Act, the Magnuson-Stevens Act (16 U.S.C. 1801, et seq.), and under 50 CFR parts 300 and 679. It provides the Council and NMFS with information about the organization and fishing activity of charter halibut businesses, and provides a process to track and limit the number of CHPs and to transfer halibut between the commercial and charter halibut sectors. This information and process are necessary to reduce overcrowding of productive halibut grounds and address allocation conflicts between commercial and charter halibut fisheries participants, while balancing the needs of all who depend on halibut for food, sport, or livelihood.
7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.
Not applicable.
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 September 25, 2017 (82 FR 44581), solicited public comments. The comment period closed November 24, 2017. Two comments were received.
Comment 1: The Alaska Charter Association supports the continuation of the charter halibut permits. This information is vital for the sustainability of our fishery.
Response: NMFS acknowledges the comment.
Comment 2: (From the executive director of the Southeast Alaska Guides Organization) The collection of information through the CHP Program is necessary for State of Alaska and NMFS managers and analysts, and the information has practical utility. This work requires minimal staff hours, but maintains an updated database, facilitating communication, and assisting in the retirement of non-transferable permits. Moving forward, the Council is likely to implement an annual registration process for CHP holders to maintain their permit, and Southeast Alaska Guides Organization is supportive of this program, as well.
The quality, utility, and clarity of the information can be enhanced in a few different ways, which would ultimately minimize the burden of collection. A simple way to do this and improve information collection would be to turn fillable PDFs into an online form that can be submitted directly to NMFS, which can store and maintain CHP holder data. If CHP holders have sign-in access, NMFS details can be auto-filled within forms submitted to NMFS.
Response: NMFS, Alaska Region, is working toward offering more on-line services. Regulatory requirements sometimes prohibit electronic submission of the documents, especially in cases where confidential or business identifying information (BII) or Personally Identifiable Information (PII) is required on the application form.
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.
10. Describe any assurance of confidentiality provided to respondents and the basis for assurance in statute, regulation, or agency policy.
All information collections by NMFS, Alaska Region, are protected under confidentiality provisions of section 402(b) of the Magnuson-Stevens Act as amended in 2006 (16 U.S.C. 1801, et seq.) and under NOAA Administrative Order 216-100, which sets forth procedures to protect confidentiality of fishery statistics. The System of Records Notice that covers this information collection is COMMERCE/NOAA-19, Permits and Registrations for United States Federally Regulated Fisheries. An amended Privacy Act system of records notice was published in the Federal Register on August 7, 2015 (80 FR 47457), and became effective September 15, 2015 (80 FR 55327).
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.
This information collection does not involve information of a sensitive nature.
12. Provide an estimate in hours of the burden of the collection of information.
Estimated total respondents: 236, up from 68. All respondents are permit holders. Most of the 236 are charter halibut permit (CHP) holders, with about 80 being IFQ permit holders. Estimated total responses: 359, up from 68. Estimated total burden hours: 559, up from 98 hr. Estimated total personnel costs: $20,683, up from $3,626.
13. Provide an estimate of the total annual cost burden to the respondents or record-keepers resulting from the collection (excluding the value of the burden hours in #12 above).
Estimated total miscellaneous costs: $1,783, up from $196.
14. Provide estimates of annualized cost to the Federal government.
Estimated total responses: 359, up from 68. Estimated total burden hours: 184, up from 34 hr. Estimated total personnel costs: $8,060, up from $1,258. Estimated total miscellaneous costs: $0, down from $100,000.
15. Explain the reasons for any program changes or adjustments.
The adjustments reflect the most recently available data (2017), increased postage and notary costs, and the addition of appeals for disapproval of transfers between IFQ and GAF, which was inadvertently omitted in the 2012 revision and 2015 renewal of this information collection.
Application for Transfer of CHP
an increase of 56 respondents, 74 instead of 18
an increase of 19 responses, 37 instead of 18
an increase of 38 hr, 74 hr instead of 36 hr
an increase of $1,406 personnel costs, $2,738 instead of $1,332
an increase of $677 miscellaneous costs, $777 instead of $100
Application for Military CHP
a decrease of 25 respondents and responses, 1 instead of 26
a decrease of 25 hr, 1 hr instead of 26 hr
a decrease of $925 personnel costs, $37 instead of $962
a decrease of $47 miscellaneous costs, $1 instead of $48
Application for Transfer between IFQ and GAF
an increase of 136 respondents, 160 instead of 24
an increase of 296 responses, 320 instead of 24
an increase of 444 hr, 480 hr instead of 36 hr
an increase of $16,428 personnel costs, $17,760 instead of $1,332
an increase of $457 miscellaneous costs, $505 instead of $48
Appeals for disapproval of transfer between IFQ and GAF [added]
an increase of 1 respondent and response, 1 instead of 0
an increase of 4 hr, 4 hr instead of 0 hr
an increase of $148 personnel costs, $148 instead of $0
an increase of $500 miscellaneous costs, $500 instead of $0
16. For collections whose results will be published, outline the plans for tabulation and publication.
Lists of CHP holders, GAF permit holders, CHP transfers, and GAF transfers are posted on the NMFS, Alaska Region, website. Final administrative appeal decisions with redactions are posted on the NMFS National Appeals Office website.
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.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | Standards for initial allocation |
| Author | pbearden |
| File Modified | 0000-00-00 |
| File Created | 2021-01-21 |