Supplemental Statement A FINAL_3-13-19

SUPPORTING STATEMENT

ALASKA COMMUNITY QUOTA ENTITY PROGRAM

OMB CONTROL NO. 0648-0665

This request is for extension of a currently approved information collection. This information collection contains applications, permits, and reports required under the Community Quota Entity (CQE) Program.

BACKGROUND

Under the Magnuson-Stevens Fishery Conservation and Management Act 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act), 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 the National Oceanic and Atmospheric Administration/National Marine Fisheries Service (NMFS). NMFS Alaska Region manages the groundfish fisheries in the EEZ of the Bering Sea and Aleutian Islands Management Area (BSAI) and Gulf of Alaska (GOA) under fishery management plans (FMPs) developed by the North Pacific Fishery Management Council for groundfish in the respective areas. Regulations governing U.S. fisheries and implementing the groundfish FMPs are at 50 CFR parts 600 and 679.

The Pacific halibut fishery off Alaska is managed by NMFS under the authority of the Northern Pacific Halibut Act of 1982, and in coordination with annual fishery management measures adopted by the International Pacific Halibut Commission (IPHC) under the Convention between the United States and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea (Convention). Regulations pursuant to the Convention are set forth at 50 CFR 300.60 through 300.65.

The CQE Program allocates to eligible communities in Alaska a portion of the harvest quotas for groundfish, halibut, crab, and prohibited species. The allocations provide these communities the means for starting or supporting commercial fisheries activities that will result in an ongoing, regionally based, fisheries-related economy. The CQE Program is a Federal program administered by NMFS. The Alaska Department of Community and Economic Development CQE Program assists communities with funding and forming nonprofit entities, called CQEs, to participate on their behalf in certain Federal limited access programs.

Under the CQE Program, 46 communities are authorized to form CQEs. The eligible communities and the community governing body that recommends the CQE are listed in Table 21 to 50 CFR Part 679.

An eligible community must form a CQE in order to participate in the Federal limited access programs that provide eligible Alaska communities special fishery-related privileges. Under the Individual Fishing Quota (IFQ) Program, a CQE may purchase commercial halibut and sablefish quota share (QS) for lease to residents of the eligible community. Under the Charter Halibut Limited Access Program, a CQE may request community charter halibut permits for use in southeast Alaska and the central Gulf of Alaska by charter vessel operators designated by the CQE. Under the License Limitation Program (LLP), a CQE may request non-trawl groundfish LLP licenses endorsed for Pacific cod in the central or western Gulf of Alaska for use on vessels designated by the CQE.

A. JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary.

This information collection is necessary for NMFS Alaska Region to manage the CQE Program. NMFS requires this information to evaluate the ability of a specific CQE to represent an eligible community and to augment fisheries management. The information collected is used to establish eligibility of the CQEs; review each CQE’s business operations and fishing activity; monitor participation of the eligible communities in the CQE Program and associated limited access programs; and gather information on distribution and use among these communities of LLP groundfish licenses, charter halibut permits, and halibut and sablefish QS and IFQ.

This information collection contains the following applications and reports:

Limited Access Program		Requirement	Form?1	Submission Method2
All CQEs
Application for Nonprofit Corporation to be Designated as a CQE		50 CFR 679.41(l)(3)	Y	mail or delivery3
CQE Annual Report		50 CFR 679.5(t)	N	mail or delivery
Halibut and Sablefish IFQ Program
Application for Transfer of Quota Share to or from a Community Quota Entity		50 CFR 679.41(b) and (c)	Y	mail or delivery3
Application for a CQE to Transfer IFQ to an Eligible Community Resident or Non-resident		50 CFR 679.41(b) and (c)	Y	mail, delivery, or fax
Application for Transfer (Lease) Between IFQ and Guided Angler Fish by a Community Quota Entity (CQE)		50 CFR 300.65(c)(5)	Y	mail, delivery, or fax
License Limitation Program
Application for a CQE to Receive a Non-trawl Groundfish LLP License		50 CFR 679.4(k)(10)(vi)	Y	mail, delivery, or fax
CQE License Limitation Program Authorization letter		50 CRF 679.4(k)(10)(vi)(D) and (E)	N	mail, delivery, or fax
Charter Halibut Limited Access Program
Application for Community Charter Halibut Permit		50 CFR 300.67(k)	Y	mail, delivery, or fax

¹ Forms are available as fillable pdfs on the NMFS Alaska Region website.

² Mail: NMFS Alaska Region, Restricted Access Management, P.O. Box 21668, Juneau, AK 99802-1668

Delivery: 709 West 9^th Street, Room 713, Juneau, AK, 99801

Fax: (907) 586-7354

Email: RAM.Alaska@noaa.gov

³ Fax submittal is not accepted due to notary requirements.

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 a Nonprofit Corporation to be Designated as a Community Quota Entity (CQE) [changed]

This application is required for each nonprofit entity seeking to become a CQE. A CQE must be a new nonprofit entity incorporated under the State of Alaska or a new nonprofit entity formed by an aggregation of several eligible communities. A CQE must be incorporated after April 10, 2002, and must represent at least one eligible community listed in Table 21 of 50 CFR 679. A CQE must be approved by NMFS in order to, on behalf of an eligible community, request charter halibut permits; buy, sell, and hold halibut and sablefish QS; and request Pacific cod endorsements for non-trawl groundfish LLP licenses.

A CQE must have the written approval of each community it represents. A CQE may represent more than one community, but a community may be represented by only one CQE.

This application is submitted only once, unless a community withdraws support from its CQE. A separate application is submitted for each community that the CQE will represent.

As part of the approval process, NMFS provides a copy of the complete application to the Alaska Department of Community and Economic Development and considers comments received from it.

Currently, 33 CQEs are active. A list of CQEs and the community represented by each is posted on the NMFS Alaska Region website. Currently, no CQE represents more than one community.

The application was revised to include fields for taxpayer identification number and NMFS person ID as these are required for a complete application under § 679.41(l)(3)(iii)(D).

Application for a Nonprofit Corporation to be Designated as a CQE

Block A–Identification of applicant

Name of nonprofit organization

Name of contact person

Taxpayer identification number

CQE NMFS person ID

Permanent business mailing address

Business telephone number, fax number, and email address

Name of community represented by nonprofit organization

Name of contact person for community governing body

Block B – Required Information

Checklist of required attachments

Block C – Notary Certification

Printed name and signature of applicant or authorized representative and date signed. If representative, attach authorization.

Signature, date when commission expires, and stamp of Notary

Application to be Designated a CQE, Respondent
Estimated number of respondents Total annual responses Number of responses = 1 (one time only) Total Time burden Time per response = 200 hr Total personnel cost ($150/hr x 200 hr) Total miscellaneous cost (18.05) Postage (0.55 x 1 response = 0.55) Photocopy (0.15 x 50 pp x 1 response = 7.50) Notary ($10 x 1 response = 10)	1 1 200 hr $30,000 $18

Application to Designated a CQE, Federal Government
Total annual responses Total Time burden Time per response = 4 hr Total personnel cost ($42 x 4 hr) Total miscellaneous cost	1 4 hr $168 0

b. Community Quota Entity (CQE) Annual Report [adjusted]

A CQE must submit an annual report for any calendar year in which it held any community charter halibut permits, IFQ, or LLP licenses. The report describes the CQE’s administrative activities, business operation, and community fishing activities for that calendar year.

By January 31, the CQE must submit a complete annual report for the prior calendar year to NMFS and to the governing body of each community represented by the CQE as identified in Table 21 to part 679. The report is submitted by mail or delivery.

NMFS does not have a form for this report because of the unknown nature of the responses that may come from each CQE that is required to report. Each CQE holds different permits and has different mechanisms for deciding how to distribute those permits. Each CQE is free to format their own annual report provided that it covers all the required criteria set out in the regulations at § 679.5(t).

A complete annual report must contain all general report requirements and all program specific report requirements applicable to the CQE, as follows:

Community Entity Quota (CQE) Program Annual Report

General report requirements:

Each CQE must report business operations and fishing activity for the charter halibut permit, IFQ, and LLP programs for each eligible community represented by the CQE and must provide;

Name of eligible community or communities

Any new communities

Any withdrawn communities

Any changes in the bylaws of the CQE, board of directors, or other key management personnel; and

Attach copies of minutes and other relevant decision making documents from all CQE board meetings held during the prior calendar year

Charter Halibut Permit (CHP) Limited Access Program

For each community issued one or more CHPs by a CQE, the program-specific report must include:

Total number of CHPs held by the CQE

At the start of the calendar year

At the end of the calendar year

Projected to be held in the next calendar year

Process used by the CQE to solicit applications from persons to use CHPs

Total number of persons who applied to use one or more CHPs

Name, business address, and number of CHPs requested by each person who applied for a CHP held by CQE

Criteria used by the CQE to distribute CHPs among persons who applied to use one or more CHPs

For each person issued one or more CHPs, provide

Name

Business address, city, and state

ADF&G logbook number(s)

Number(s) of each CHP authorized to use with the corresponding regulatory area endorsement and angler endorsement

For each vessel authorized to participate in the charter halibut fishery using one or more CHPs, provide

Vessel name

ADF&G vessel registration number

USCG documentation number

Length overall

Home port

Each CHP number held by the CQE and used on board the vessel

Each set of ports from which the vessel departed and to which it returned

Total number of trips that occurred to and from each set of ports

For each community represented by the CQE, provide any payments made to the CQE for use of the CHPs.

Individual Fishing Quota Program Specific Report

For each community that leased halibut and sablefish IFQ derived from the QS held by a CQE, the program specific report must include:

Total amount of halibut QS and total amount of sablefish QS held by the CQE:

at the start of the calendar year

at the end of the calendar year

projected to be held in the next calendar year

Describe process used by the CQE to solicit applications from eligible community residents to use IFQ

Total number of eligible community residents and non-residents who applied to use IFQ derived from QS held by the CQE;

For each person who applied to use IFQ, provide

Name

Business address, city and state

Amount of IFQ requested

Describe CQE criteria to distribute IFQ among eligible community residents who applied to use IFQ

For each person who leased IFQ derived from QS held by the CQE, provide

Name

Business address, city, and state

Each IFQ permit number

Total pounds of halibut IFQ authorized through each IFQ permit number

Total pounds of sablefish IFQ authorized through each IFQ permit number

For each vessel used to harvest IFQ derived from QS

Vessel name

ADF&G vessel registration number

USCG documentation number

Length overall

Home port

Each IFQ permit number(s) used on board

Describe efforts to ensure crew members on board vessels harvesting IFQ are residents of CQE eligible community

For each person employed as a crew member, provide

Name

Resident city and state

For each community whose eligible residents and non-residents landed IFQ, provide any payments made to the CQE for use of the IFQ

License Limitation Program Specific Report

For each community that was assigned one or more Pacific cod endorsed non-trawl groundfish licenses, the program specific report must include:

Total number of LLP groundfish licenses by gear type endorsement held by the CQE

At the start of the calendar year

At the end of the calendar year

Projected to be held in the next calendar year

Describe process used by the CQE to solicit applications from residents to use LLP groundfish license(s)

Total number of community residents who applied to use an LLP groundfish license

Name, business address, and number of LLP groundfish licenses requested by each person who applied to use a LLP groundfish license

Describe criteria used by the CQE to distribute LLP groundfish licenses among eligible community residents

For each person assigned one or more LLP groundfish licenses, provide

Name, business address, city and state

LLP groundfish license numbers for each gear endorsement type

For each vessel authorized to harvest LLP groundfish using one or more LLP groundfish licenses, provide:

Vessel name

ADF&G vessel registration number

USCG documentation number

Length overall

Home port

Each LLP groundfish license number used on board

For each person employed as a crew member on each vessel using one or more LLP groundfish licenses

Name

Resident city and state

For each community whose residents made landings using one or more LLP groundfish licenses, provide any payments made to the CQE for use of the LLP groundfish licenses.

CQE Annual Report, Respondent
Estimated number of respondents Total annual responses 33 respondents x 1 response per respondent) Total burden hours (33 responses x 40 hr/response) Time per response = 40 hr Total personnel cost ($37/hr x 1,320 hr) Total miscellaneous costs (42.90) Photocopy (5 pp x .15 x 33 responses = 24.75) Postage (0.55 x 33 responses = 18.15)	33 33 1,320 hr $48,840 $43

Halibut CDQ and PSQ transfer

CQE Annual Report, Federal Government
Total annual responses Total burden hours = 4 hr Total personnel cost ($42/hr x 132 hr) Total miscellaneous cost	33 132 hr $5,544 0

c. Application for Transfer of QS to or from a CQE [adjusted]

To participate in a fishery, an eligible community must first form a CQE and purchase catcher vessel QS through a transfer. Once QS is held, the CQE may lease the annual IFQ resulting from the QS to individual community residents.

This application is used to apply for a transfer of QS to or from a CQE. Persons receiving the QS transfer must hold a Transfer Eligibility Certificate (TEC) (approved under OMB 0648-0272). If the application is to permanently transfer QS from a CQE to another party, the application must be signed by a representative of the community for whom the CQE holds the QS. Transfers of charter halibut permits or License Limitation Program (LLP) licenses are not allowed in the CQE program.

A CQE may transfer QS for the following reasons (§ 679.41(g)(7)):

• to generate revenue to provide funds to meet administrative costs for managing the community QS holdings;

• to generate revenue to improve the ability of residents within the community to participate in the halibut and sablefish IFQ fisheries;

• to generate revenue to purchase QS to yield IFQ for use by community residents

• to dissolve the CQE; or

• as a result of a court order, operation of law, or as part of a security agreement.

Application for Transfer of QS to or from a CQE

Block A – Transferor Information

Name and NMFS Person ID

Name of community represented by the CQE

Business mailing address (indicate whether permanent or temporary)

Business telephone number, business fax number, and business email address

Block B – Transferee Information

Name and NMFS Person ID

Name of community represented by the CQE

Business mailing address (indicate whether permanent or temporary)

Business telephone number, business fax number, and email address

Block C –Questions for Transferee

If QS is to be included in a sweep-up, list the identifier on the QS certificate into which this new piece should be combined

For sweep-up, attach the original QS Certificates of both the transferor and the transferee

If this is a transfer of catcher vessel CDQ compensation QS and the vessel category has never been declared, designate the catcher vessel category in which QS should be issued

Block D – Identification of QS to be Transferred

Quota Share to be transferred

Total QS units

Designation of QS, as shown on the QS certificate: from and to

Block E – Required Transferor Supplemental Information

Indicate the reason(s) transfer being proposed

Price per unit of QS

Total amount paid for the QS in this transaction, including all fees

If a broker is used for this transaction, indicate amount paid in brokerage fees or percentage of total price

Indicate reasons for transferring QS/IFQ

Block F – Required Transferee Supplemental Information

If QS will have a lien attached, identify the lien holder

Primary source of financing for this transfer

How the QS was located

Relationship to the transferor

If an agreement exists to return the QS to the transferor or any other person or a condition placed on resale, explain

Block G -- Certification of Transferor

Printed name and signature of Transferor or authorized representative and date signed

If authorized representative, attach authorization

Signature, commission expiration date, and stamp of notary

Block H -- Certification of Transferee

Printed name and signature of Transferee or authorized representative and date signed.

If authorized representative, attach authorization.

Signature, commission expiration date, and stamp of notary

Block I -- Certification of CQE Community Representative

Printed name, title, and signature of Community Representative and date signed

Signature, commission expiration date, and stamp of notary

The application is completed by two respondents, the transferor and the transferee. NMFS estimates one application will be submitted annually, resulting in a total of two respondents.

Application for Transfer of QS to or from a CQE, Respondent
Estimated number of respondents 2 respondents per response (transferor and transferee) Total annual responses Total Time burden (1 response x 2 hr per response) Total personnel cost ($37/hr x 2 hr) Total miscellaneous cost (21.75) Postage (.55 x 1 response = 0.55) Photocopy (0.15 x 4 pp x 2 respondents = 1.20) Notary ($10 x 2 respondents = 20)	2 1 2 hr $74 $22

Application for Transfer of QS to or from a CQE, Federal Government
Total annual responses Total Time burden Time per response = 30 min Total personnel cost ($42/hr x 1 hr) Total miscellaneous cost	1 1 hr $42 0

d. Application for a CQE to Transfer IFQ to an Eligible Community Resident or Non-resident [adjusted]

A CQE that receives transferred halibut or sablefish QS on behalf of an eligible community may lease the resulting IFQ to persons who are residents of the eligible community. On NMFS approval of the transfer of QS to a CQE (see 2b, above), the CQE may transfer halibut and sablefish IFQ to individual, eligible community residents and non-residents.

This application is used by CQEs to apply for transfer of IFQ. Persons receiving the IFQ must hold a TEC (approved under OMB 0648-0272).

Application for a CQE to Transfer IFQ to an Eligible Community Resident or Non-resident

Block A – Transferor (Seller) Information

Name of transferor as it appears on the QS Certificate or TEC

NMFS Person ID

Name of the community represented by the CQE

Business mailing address. Indicate whether permanent or temporary address

Include street or P.O. box, city, state, and zip code

Business telephone number, business fax number, and email address

Block B – Transferee (Buyer) Information

Name of transferee

NMFS Person ID (as set out on the QS Certificate or the TEC)

Business mailing address. Indicate whether permanent or temporary address.

Include street or P.O. box, city, state, and zip code.

Business telephone number, business fax number, and email address

Block C – Transfer (Lease) of IFQ

Note: For Adak, the transferee does not need to be a community resident for the first five years of the program.

Identify IFQ to be transferred by entering the IFQ Permit Number(s) and Year

Name of the community to which IFQ are currently assigned

Indicate if a resident of the Aleutian Islands

If NO, enter city and state of residence

Note: Transferee must be a resident of the community represented by the CQE unless that community is Adak

Name of city and state

Block D – Required Transferor Supplemental Information

Price per pound of IFQ

Indicate whether a broker is used for this transaction.

If YES, indicate amount paid in brokerage fees or percentage of total price

Block E – Certification of Transferor

Printed name and signature of Transferor or authorized representative and date signed

If completed by representative, attach authorization

Block F – Certification of Resident Transferee

Printed name and signature of Transferee or authorized representative and date signed

If completed by representative, attach authorization

Block G – Certification of Non-Resident Transferee

Printed name and signature of Transferee or authorized representative and date signed

If completed by representative, attach authorization

The application is completed by two respondents, the transferor and the transferee. NMFS estimates four applications will be submitted annually, resulting in a total of 8 respondents.

Application for CQE to Transfer IFQ to Eligible Community Resident or Non-resident, Respondent
Estimated number of respondents 2 respondents per response (transferor and transferee) Total annual responses Total burden hours (4 responses x 2 hr per response) Total personnel cost = ($37/hr x 8 hr) Total miscellaneous costs (33.50) Photocopy (2 pp x .15 x 8 respondents = 2.40) Postage (0.55 x 2 responses = 1.10) Fax ($1/page x 15 pp x 2 response = 30)	8 4 8 hr $296 $34

Application for CQE to Transfer IFQ to Eligible Community Resident or Non-resident, Federal Government
Total annual responses Total burden hours Time per response = 30 minutes Total personnel cost = ($42/hr x 2 hr) Total miscellaneous cost	4 2 hr $84 0

e. Application for Transfer (Lease) Between IFQ and GAF by a Community Quota Entity (CQE) [adjusted]

This form is used only if a CQE is the transferor or the transferee of the IFQ. This form is for use in transferring IPHC Areas 2C (Southeast GOA) and 3A (Central GOA) commercial IFQ for use as guided angler fish (GAF) by a community resident holding one or more charter halibut permits for IPHC Areas 2C or 3A.

• A CQE applying for a transfer between IFQ and GAF must be eligible to hold IFQ on behalf of an eligible community in Area 2C or Area 3A and have received NMFS’ notification of approval of eligibility to receive IFQ for that community.

• A CQE applying to receive GAF must hold one or more valid community charter halibut permits.

• A CQE applying to transfer IFQ to GAF must submit a complete annual report(s) as required by 50 CFR part 679.5(l)(8).

• An individual applying to receive GAF from Area 2C or Area 3A IFQ held by a CQE must be an eligible community resident of the eligible community in whose name the CQE is holding IFQ.

This form is also used to return unused GAF to the CQE from which it was obtained. NMFS will accept applications to return GAF to IFQ from August 1 to August 31 only. NMFS will return unused GAF to the IFQ permit holder from which they were obtained on or about 15 calendar days prior to the closing of the commercial halibut fishing season.

NMFS will not approve an application before the annual IFQ is issued, one month prior to the close of the commercial IFQ fishing season, or after November 1. NMFS will return all unharvested GAF to the CQE on or about November 1 each year.

The IFQ permit holder is responsible for all cost recovery fees (OMB Control No. 0648-0711) resulting from the GAF harvested as a result of this transfer. No fees will be assessed for any unused GAF.

Application for Transfer Between IFQ and GAF by a CQE

Attachments

Completed Application

Copy of IFQ permit(s)

Valid Charter Halibut Permit

Power of Attorney (if applicable)

Block A -- Identification of transferor

Name and NMFS Person ID

Name of Community represented by the CQE

Permanent or Temporary Business Mailing Address.

Business Telephone No., Business Fax No., Business email address

Block B -- Identification of transferee

Name and NMFS Person ID

Name of Community represented by the CQE

Indicate whether or not you intend to begin or end your charter halibut fishing trip in the community represented by the CQE listed in Block A

Permanent or Temporary Business Mailing Address.

Business Telephone No., Business Fax No., Business email address

Block C -- Identification of IFQ and/or GAF to be Transferred

IFQ Permit Number

IPHC Area

Charter Halibut Permit Number

GAF Permit Number (only required when GAF is returning to the IFQ permit holder)

Number of GAF

Block D -- Transferor Supplemental Information

Was this a gift?

If NO, total amount paid for the IFQ in this transaction, including fees:

Give the price per pound/pound of IFQ

Was a broker used to facilitate this transfer?

If YES, indicate amount paid in brokerage fees

Block E -- Certification of transferor

Signature and printed name of transferor or authorized representative and date signed

If a representative, attach authorization

Block F -- Certification of transferee

Signature and printed name of transferee or authorized representative and date signed

If a representative, attach authorization

The application is completed by two respondents, the transferor and the transferee. NMFS estimates two applications will be submitted annually, resulting in a total of four respondents.

Application for Transfer Between IFQ and GAF by CQE, Respondent
Number of respondents 2 respondents per response (transferor and transferee) Total annual responses Total burden hours (2 responses x 2 hr per response) Total personnel costs ($37/hr x 4 hr) Total miscellaneous costs ($41.35) Mail (1.35 x 1 response = 1.35) Photocopy (.15 x 25 pp x 4 respondents = 15.00) Fax ($1/page x 25 pp x 1 response = 25)	4 2 4 hr $148 $41

Application for Transfer Between IFQ and GAF by CQE, Federal Government
Number of responses Total burden hours Time per response = 30 min Total personnel costs ($42/hr x 1 hr) Total miscellaneous costs	2 1 hr $42 0

f. Application for a CQE to Receive a Non-trawl Groundfish LLP License [adjusted]

The LLP authorizes CQEs to request non-trawl LLP groundfish licenses endorsed for Pacific cod in the central or western GOA. A license holder must have a Pacific cod endorsement on his or her groundfish license to conduct directed fishing for Pacific cod in the Western Gulf of Alaska (Western GOA) or Central Gulf of Alaska (Central GOA) with hook-and-line gear, pot gear, or jig gear. A license holder may only use the specific non-trawl gear(s) indicated on his or her license to conduct directed fishing for Pacific cod in the Western GOA or Central GOA.

This application is used by a CQE to request LLP groundfish licenses endorsed for Pacific cod on behalf of the communities it represents. A CQE may apply for and may receive a maximum number of LLP groundfish licenses designated in the regulatory area specified for each community it represents. Licenses will have a maximum length overall designation of 60 ft. Western GOA licenses will be endorsed for pot gear, and Central GOA CQEs may choose either a pot or hook-and-line endorsement. The licenses may only be used on vessels designated by the CQEs representing the communities.

An application needs to be submitted and approved only once.

Application for a CQE to Receive a Non-trawl Groundfish LLP License

Block A – Identification

Name of CQE

Name of CQE contact person

CQE NMFS person ID number

Permanent business mailing address

Business telephone number, business fax number, and business email address

Block B – Gulf of Alaska Non-Trawl LLP Licenses & Non-Trawl Gear Designations

Total number of LLP groundfish licenses being requested

Non-trawl gear type to be designated on each groundfish license requested

Block C – Attachments with Additional Information

Procedures used to determine the distribution of LLP licenses to residents of the community

Procedures used to solicit requests from residents to be assigned an LLP license.

Criteria for distribution of the use of LLP licenses among qualified community residents and the relative weighting of those criteria.

Block D – CQE Certification

Printed name and signature of applicant or authorized representative and date signed

If representative, attach authorization

Application for a CQE to receive a Non-trawl groundfish LLP license, Respondent
Total respondents Total responses (5 responses x 1 response per respondent) Total burden hours (5 responses x 20 hr per response) Total personnel cost ($37/hr x 100 hr) Total miscellaneous costs (19.70) Postage (0.55 x 4 responses = 2.20) Fax ($1/page x 10 pp x 1 response = 10) Photocopy (0.15 x 10 pp x 5 respondents = 7.50)	5 5 100 hr $3,700 $20

Application for a CQE to receive a Non-trawl groundfish LLP license, Federal Government
Total responses Total burden hours Time per response = 4 hr Total personnel costs ($42/hr x 20 hr) Total miscellaneous costs	5 20 hr $840 0

g. CQE LLP Authorization Letter [adjusted]

A CQE must annually assign each community LLP license to a user and vessel. This is done through the CQE LLP authorization letter. A CQE must provide a copy of the authorization letter, and any subsequent amendment to that authorization letter to both NMFS and the vessel operator prior to use of the LLP license by the person(s) designated. A copy of the authorization letter must be on board the vessel when that vessel is directed fishing for Pacific cod under authority of that license. The person specified for the LLP license in the authorization letter must be on board the vessel during directed fishing.

CQE LLP Authorization Letter

Assign each community LLP license to a specific vessel and designate the vessel operator

CQE attest that the authorized representative using a groundfish license issued to a CQE

Is a citizen of the United States;

Has maintained a domicile in a CQE community in the Central GOA or Western GOA eligible to receive an LLP license endorsed for Pacific cod for the 12 consecutive months immediately preceding the time when the assertion of residence is made; and

Is not claiming residency in another community, state, territory, or country, except that residents of the Village of Seldovia shall be considered to be eligible community residents of the City of Seldovia for the purposes of eligibility to serve as an authorized vessel operator. The residency requirements for a vessel operator using a CQE license ensures that residents of a specific community actively participate in the Pacific cod fishery consistent with the overall goal the Council established for CQE LLP licenses.

CQE Letter of authorization, Respondent
Total respondents Total responses (3 respondents x 1 responses per respondent) Total burden hours (3 responses x 1 hr per response) Total personnel cost ($37/hr x 3 hr) Total miscellaneous costs ($2.55) Postage (0.55 x 2 responses = 1.10 ) Photocopy (0.15 x 1 pp x 3 respondents = .45) Fax ($1/page x 1p x 1 response = 1)	3 3 3 hr $111 $3

CQE Letter of authorization, Federal Government
Total responses Total burden hours Time per response = 1 hr Total personnel costs ($42/hr x 3 hr) Total miscellaneous costs	3 3 hr $126 0

h. Application for Community Charter Halibut Permit (CCHP) [adjusted]

The Charter Halibut Limited Access Program (CHLAP) established Federal charter halibut permits for operators in the charter halibut fishery in IPHC Areas 2C (Southeast Alaska) and 3A (South Central Alaska). All vessel operators in IPHC Areas 2C and 3A with charter anglers on board must have an original, valid permit on board during every charter vessel fishing trip on which Pacific halibut are caught and retained. Charter halibut permits are endorsed for the appropriate regulatory area and the number of anglers that may catch and retain charter halibut on a trip.

The CHLAP also provides a limited number of permits issuable on request to CQEs representing specified rural communities to give these communities the opportunity to benefit economically from the charter halibut industry.

A CQE may apply at any time for community charter halibut permits (CCHP) for eligible communities, if they meet criteria for limited participation in the charter halibut fishery. The communities eligible for a CCHP include those CQE communities in which 10 or fewer active charter vessel businesses terminated charter vessel trips in the community in each of the qualifying years, 2004 and 2005. The communities shown in Table 21 to 50 CFR part 679 are eligible to obtain CCHPs in the area designated for the community.

A CQE may receive a maximum of four CCHPs for each eligible community it represents in Area 2C, and a maximum of seven CCHPs for each eligible community it represents in Area 3A. The larger number of community permits allowed in Area 3A reflects the larger resource base in that area.

The CQE designates charter vessel operators to use its CCHPs, although the CCHP itself is retained by the CQE. A charter vessel operator using a CCHP is subject to all charter fishing regulations and must either begin or end the charter vessel fishing trip within the community designated on the permit. The purpose of this requirement is to assure that the charter vessel anglers on such a fishing trip have an opportunity to use the goods and services of the community.

A CCHP has an angler endorsement of six and is nontransferable. A CCHP may not be transferred to a different CQE or to a non-CQE entity.

CCHPs are issued at no cost and do not expire as long as the CQE maintains its status. Currently, 20 CQEs hold CCHPs. To request CCHPs, the CQE must submit a separate application for each community that it represents. Applications may be submitted by mail, delivery, or fax. Electronic submissions other than fax are not acceptable due to the requirement for original signature of the applicant.

Application for Community Charter Halibut Permit (CCHP)

Block A – Type of permit

Indicate type of permit for which applying.

Complete Blocks A, B, and C. Sign Block D

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 email address

Block C – Community Charter Halibut Permit request

Name of the community that the CQE represents

List number of permits requested for that community

List location boundaries of community, including latitude and longitude, where all trips will begin or end

Block D – CQE applicant signature

Signature, printed name, and title of individual completing this application on behalf of CQE

Date signed.

Attach authorizing documentation.

Application for CCHP, Respondents
Total number of respondents Total annual responses (20 respondents x 1 response per respondent) Total annual time burden (20 responses x 1 hr per response) Total personnel costs ($37/hr x 20 hr) Total miscellaneous costs (31.50) Mail (0.55 x 10 responses = 5.50) Fax ($1/page x 2 pp x 10 responses = 20) Photocopy (2 pp x 0.15 x 20 respondents = 6.00)	20 20 20 hr $740 $32

Application for CCHP, Federal Government
Total responses Frequency per response = 1 Total annual time burden Estimated response time = 30 minutes Total personnel costs ($42/hr x 10 hr) Total miscellaneous costs	20 10 hr $420 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.

It is anticipated that some of the information collected will be disseminated to the public or used to support publicly disseminated information. 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 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 applications are available as fillable pdfs on the NMFS Alaska Region website and can be printed and submitted by mail or fax. All but three of the elements of this information collection may be submitted by fax. Fax submittal is not accepted for the Application for a Nonprofit Corporation to be Designated as a CQE and the Application for Transfer of QS to or from a CQE due to the Notary requirements. The CQE annual report is a large report with various sizes of pages that must be submitted by mail or in person.

4. Describe efforts to identify duplication.

None of the information collected duplicates other collections.

5. If the collection of information involves small businesses or other small entities, describe the methods used to minimize burden.

NMFS attempts to minimize the burden of this collection on all respondents by collecting only information necessary to manage the CQE Program. All of the applications in this information collection are available online as fillable pdfs. In addition to email, a toll-free phone number is available for participants to contact the NMFS Restricted Access Management Program for help or information on the elements in this information collection.

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 CQE Program or carry out the mandates of the Magnuson-Stevens Act and Halibut Act if this collection were not conducted or conducted less frequently.

The lack of adequate information to manage the CQE Program would result in the fishery management decision-making process being less objective, more political, and potentially less equitable. This would decrease the credibility of the fishery management process and result in an unnecessarily costly and ineffective management system. The cost of making decisions based on inadequate information would adversely affect the viability of the CQE fishing industry, and impact the economic health of the participating communities.

7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.

No special circumstances exist.

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 October 9, 2018 (83 FR 50644), solicited public comment. The comment period ended December 10, 2018. No comments were received from the notice. NMFS Alaska Region contacted CQEs for comments on this information collection. Two comment letters were received, which contained three distinct comments.

Comment 1: All of the collection information is necessary for the Agency to do its job managing the CQE Program.

Response: NMFS acknowledges the comment.

Comment 2: It is difficult to get information required for the CQE annual report regarding the permits used to make the landing on a vessel. The fishermen use one fish ticket, and if they have multiple permits, they can print out an eLandings IFQ Permit Report when they do their fish tickets. However, it is difficult for fishermen to give copies of this to the person responsible for the CQE annual report.

Response: The purpose of the annual report is to help NMFS and the Council assess the performance of the CQEs in meeting the objectives of providing for community-held QS. One of the performance standards requires that community IFQ permits be leased by residents of the ownership community. NMFS acknowledges that the potential logistical challenges of record transmission in remote, coastal Alaska may increase the burden of information collection; however, we would like to continue to collect information on the distributional effects of the program within the communities.

Comment 3: Some of the information for the annual report is very relative and important for gathering statistics by NOAA and NMFS. That would be the information gathered through the lease of permits and specifically halibut sport permits. The information gathered and submitted will help the industry and NMFS as they review and implement measures that support the sustainability of this fishery. Other information required in the annual report like meeting minutes, criteria to lease, scoring process, notices, and how many permits held are really a repeat of information after the first annual report is submitted and should be a once and done deal. This should be the case as long as the CQE is in good standing with the State and Federal government in filing their annual or biannual reports. Reporting should be limited to CHP lease information because this would ease the burden on the entity reporting as well as NOAA.  

Response: NMFS acknowledges that the information collected through CQE annual reports provides essential information for the effective and sustainable management of the CQE Program and related fisheries. While certain pieces of information required by CQE annual reports may not change frequently for all CQEs, it is important for NMFS to have regularly updated information to ensure that program requirements and objectives are consistently met. For required information that does not typically change from year to year, previously submitted CQE annual reports may provide an easily accessible reference to reduce the burden of preparing future reports.

9. Explain any decisions to provide payments or gifts to respondents, other than remuneration of contractors or grantees.

No payment or gift is provided under this program.

10. Describe any assurance of confidentiality provided to respondents and the basis for assurance in statute, regulation, or agency policy.

The information collected is confidential under section 402(b) 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.

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 unique respondents: 36, decreased from 75. Estimated total responses: 69, decreased from 134. Estimated total burden: 1,657 hr, decreased from 1,884 hr. Estimated total personnel costs: $83,909, decreased from $92,308.

Except for the number of unique respondents, these amounts reflect a sum of the estimated amounts provided for each information collection in the tables above. The number of unique respondents is based on the number of separate participants who are expected to submit information during the 3-year renewal period for this information collection review (ICR). Unique respondents rather than a sum is used because some CQE Program participants submit more than one type of information collection in this ICR.

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 Question 12 above).

Estimated total miscellaneous costs: $213, decreased from $264. The specific miscellaneous costs estimated for each information collection are provided in the tables above. The total miscellaneous costs reflect a sum of the estimated miscellaneous costs provided for each information collection in the tables above.

14. Provide estimates of annualized cost to the Federal government.

Estimated total responses: 69, decreased from 134. Estimated total burden: 173 hr, decreased from 234 hr. Estimated total personnel costs: $7,266, decreased from $8,658. These amounts reflect a sum of the estimated amounts provided for each information collection in the tables above.

15. Explain the reasons for any program changes or adjustments.

Adjustments were made to reflect the most recent data available and increased postage, photocopy, notary, and Federal personnel costs. The number of respondents for the three transfer applications was adjusted to show that both the transferor and transferee are respondents to each response.

Summary of Current and Previous Requests

	Respondents		Responses		Burden Hours		Labor Costs		Miscellaneous Costs
	Current	Previous	Current	Previous	Current	Previous	Current	Previous	Current	Previous
Application for Nonprofit Corporation to be Designated as a CQE	1	1	1	1	200	200	30,000	30,000	18	8
CQE Annual Report	33	35	33	35	1,320	1,400	48,840	51,800	43	25
Application for Transfer of QS to or from a CQE	2	1	1	1	2	2	74	74	22	6
Application for a CQE to Transfer IFQ to an Eligible Community Resident or Non-resident	8	1	4	1	8	2	296	74	34	6
Application for Transfer Between IFQ and GAF by a CQE	4	32	2	32	4	64	148	2,368	41	93
Application for a CQE to Receive a Non-trawl Groundfish LLP License	5	8	5	8	100	160	3,700	5,920	20	8
CQE LLP Authorization letter	3	24	3	24	3	24	111	888	3	12
Application for a CCHP	20	32	20	32	20	32	740	1,184	32	106
Total for Collection	36*	75*	69	134	1,657	1,884	$83,909	$92,308	$213	$264

*Unique respondents. Some CQE Program participants submit more than one type of information collection in this information collection review (ICR). Therefore, the number of unique respondents is used to show the estimated annual number of separate participants who are expected to submit information during the 3-year renewal period for this ICR.

16. For collections whose results will be published, outline the plans for tabulation and publication.

The NMFS Alaska Region website posts the name and contact information of currently approved CQEs, and information on their charter halibut permits, LLP licenses, and QS held. Data are sorted alphabetically and are updated as needed.

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.

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