0648-0433 Supporting Statement Part A

SUPPORTING STATEMENT

U.S. Department of Commerce

National Oceanic & Atmospheric Administration

Reporting Requirements for the Ocean Salmon Fishery Off the Coasts

of Washington, Oregon, and California

OMB Control No. 0648-0433

Abstract

Timely and accurate accounting of salmon catch data for a regulatory area subject to quota management is necessary for quota assessment. Requirements to land salmon within specific time frames and in specific areas may be implemented to aid in the catch monitoring process. However, if unsafe weather conditions or mechanical problems prevent compliance with landing requirements, salmon fishermen are exempt, provided the appropriate notification is made as specified annually in the preseason regulations. Therefore, the annual management measures will include provisions to exempt commercial salmon fishermen from compliance with the landing requirements when they experience unsafe weather conditions or mechanical problems at sea, so long as the appropriate notifications are made by, for example, at-sea radio and cellular telephone, and information on catch and other required information is given, under this collection of information. The annual management measures will specify the contents and procedure of the notifications, and the entities receiving the notifications (e.g., U.S. Coast Guard). The purpose and benefit of the collection are to manage salmon quotas while providing for safety at sea. The scope of the collection is landing data that would normally be reported directly to the appropriate state. There are no changes or revisions to this collection.

Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

Based on the management regime specified each year by NOAA’s National Marine Fisheries Service (NMFS), designated regulatory areas in the commercial ocean salmon fishery off the coasts of Washington, Oregon, and California may be managed by numerical quotas (by salmon species). Quotas are necessary to ensure that the allowable levels of ocean harvest of salmon are not exceeded in these areas. To accurately assess catches relative to quota attainment during the fishing season, catch data by regulatory area must be collected in a timely manner. Requirements to land salmon within specific time frames and in specific areas may be implemented in the preseason regulations to aid in timely and accurate catch accounting for a regulatory area.

If unsafe weather conditions or mechanical problems prevent compliance with landing requirements, fishermen are exempt from these landing requirements so long as the appropriate notifications are made by at-sea radio and cellular telephone, and information on catch and other required information is given. The preseason regulations will specify annually the contents and procedure of the notifications, and the entities receiving the notifications. The information collection is intended to be general in scope by leaving the specifics of the notifications for annual determination, thus providing flexibility in responding to salmon management concerns in any given year.

This federal collection of information concerning alternative reporting in unsafe conditions has implemented uniform reporting requirements across the entire geographic range of the commercial ocean salmon fishery and, thus, resolves the problem associated with reliance on each state to independently implement the same requirements in the territorial waters off of each state (Washington, Oregon, and California).

Authority for the collection is provided by: (1) 50 CFR 660.408, and (2) the Magnuson-Stevens Fishery Conservation and Management Act of 1996, 16 USC 1801 et seq., as amended through 2007, which states at 16 USC 1855(d) that "The Secretary shall have general responsibility to carry out any fishery management plan or amendment approved or prepared by him, in accordance with the provisions of this Act."

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The alternative reporting information will be collected by a federal or state entity to be specified annually (e.g., U.S. Coast Guard), and then transmitted to the appropriate state fishery agencies in a timely manner. The specific contents of the reports and the procedure for submitting the reports (e.g., via radio or cell phone) will be specified annually, and will likely include the name of the vessel, port where delivery will be made, approximate amount of salmon (by species) on board, and estimated time of arrival. The information will be collected from commercial salmon fishermen seeking to deviate from landing requirements specified in the annual management measures due to unsafe weather conditions or mechanical problems may put fishermen at risk.

Regular landings information, although required by NMFS, is already being collected by the states and thus is not counted in this collection as burden. The state fishery managers will use the information collected on vessel name, port of delivery, and estimated time of arrival to facilitate monitoring of the actual catch reports submitted in accordance with state landing requirements under existing state data collection and reporting systems.

The information collected will allow accurate accounting of commercial salmon catches for those regulatory areas subject to quota management. The state fishery managers will use the salmon catch data and associated vessel effort data to assess total catches by regulatory area and to determine when a quota for a regulatory area may be attained. Therefore, catch data needs to be available in a timely manner for implementation of in-season management actions such as fishery closures. The best available catch and effort data and projections are presented by the state fishery managers in telephone conference calls involving the NMFS West Coast Regional Administrator and representatives of the Pacific Fishery Management Council. Based on the data, projections, and recommendations presented by the state fishery managers, the NMFS West Coast Regional Administrator implements the appropriate in-season management action in the exclusive economic zone (EEZ) (3 to 200 nautical miles of shore), with the state managers taking concurrent action in territorial waters (0 to 3 nautical miles of shore).

This is a collection renewal and has not changed from previous renewals.

Information Requirements and Needs and Uses of Information Collected

Item #	Requirement	Statute	Regulation	Form #	Needs and Uses
1	Notify designated entity (e.g., U.S. Coast Guard) of the following information: vessel name, destination, and catch on board.	316 USC 1801 et seq.	50 CFR 660.408	Not Applicable	Used by the public to deviate from landing requirements due to unsafe conditions, promoting health and safety at sea. Used by the states and NMFS to manage commercial salmon fisheries in a sustainable manner, consistent with quotas and other catch restrictions set annually.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burden.

Information is submitted via the available technology for at sea communication, e.g., radio and cellular telephone transmissions, for reporting during unsafe conditions. The form of communication is set annually and is consistent with currently available technology. Should an electronic alternative become available and feasible, it would be implemented; however, this collection of information only applies when unsafe conditions are encountered and the normal means of communication at sea under such conditions is currently radio or cellular telephone transmission.

During normal conditions information is collected by the states (Washington, Oregon, and California) in person from fishermen as they are landing their catch in port or via other reporting means set by each state and specified in the annual management measures and state regulations.

Specific information on the reporting requirements is made available in a booklet of Federal regulations which is made available to the public on the NMFS West Coast Region website each year.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Question 2

Commercial salmon landing requirements are specified in the annual management measures. To facilitate managing fisheries under quotas, commercial fishing vessels may be required to land and deliver their catch in specified area or to notify the appropriate state when a commercial fishing vessel in possession of salmon that were caught in one management area are transported to a different management area for landing and delivery.

In the event that a commercial fishing vessel encounters hazardous weather or mechanical failure, they can deviate from the landing requirements by following the notification procedures specified in the annual management measures. For example, notifying the U.S. Coast Guard by radio or cellular phone, and providing the information that would, absent the need to deviate from landing requirements due to unsafe conditions, usually be provided directly to the states. The notification includes the name of the vessel, port where delivery would be made, approximate amount of salmon (by species) on board, and estimated time of arrival; exact notification requirements are specified annually.

Information on notification is given to the Washington Department of Fish and Wildlife, the Oregon Department of Fish and Wildlife, and the California Department of Fish and Wildlife as required for quota assessment.

Federal regulations affecting the EEZ would not be duplicative of state regulations because state regulations subsequently would either conform or defer to Federal regulations. Concurrent Federal and state regulations are desirable for regulatory consistency and enforceability.

As commercial salmon fishery landings are usually reported to the state in which the landing occurs, there is no other source of this information within Commerce, from other government sources, or from outside sources.

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

The burden on small entities to report information during unsafe conditions is minimized by requiring notification when unsafe conditions prevent normal compliance with landing requirements and notification procedures. This burden is more than offset by its purpose, which is to provide a safe alternative to regulatory requirements when unsafe weather conditions or mechanical problems may put fishermen at risk. During normal conditions the collection is taken in person while the fishermen are already in port, lessening the burden on them since they will already be in port offloading their catch.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Given the tremendous fishing power of the commercial salmon fleet, it is possible for a quota to be greatly exceeded if the necessary in-season action, e.g., fishery closure, is not taken quickly. By exceeding a quota, salmon stocks of concern could be severely impacted. Fish mortalities above the levels estimated preseason are of particular consequence for those stocks listed under the Endangered Species Act. Conversely, if the information collected indicates that an earlier projection of quota attainment is premature, the commercial fishery could be allowed to continue as regularly scheduled without unnecessary disruption. Furthermore, if a fishery has been closed under a quota based on overestimate of actual catch, the fishery could be reopened in a timely manner for all or part of the remaining original season.

If the collection could not be conducted, a safe alternative to regulatory requirements would not be available to fishermen when dealing with unsafe weather conditions or mechanical problems. The collection is made on occasion as necessary, so thus could not be conducted less frequently.

The consequences of this collection not occurring would be the inaccurate management of the fishery during the fishing season. During normal conditions the collection of information by the states of Washington, Oregon, and California provide fishery managers with up-to-date catch information which is essential to the management of the fisheries.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

Commercial salmon fishermen must provide this information any time they need to deviate from the landing requirements due to unsafe circumstances. The salmon fishing season occurs in limited times and areas; therefore, while is it possible that a respondent may have to report more than once in a quarter, the circumstances requiring a response are uncommon and it is likely that most fishermen will never need to be a respondent.

The information will be collected by specified federal or state entities and forwarded to the appropriate state fishery agencies. Assurance of confidentiality to respondents is based on the policies of the federal and/or state agencies involved. The information collected by NMFS is confidential under section 402(b) of the Magnuson-Stevens Act (16 U.S.C. 1801, et seq.). It is also confidential under NOAA Administrative Order 216-100, which sets forth procedures to protect confidentiality of fishery statistics.

This collection of information will otherwise be conducted in a manner consistent with OMB guidelines.

8. If applicable, provide a copy and identify the date and page number of publications in the Federal Register of the agency's notice, required by 5 CFR 1320.8 (d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

A notice was published in the Federal Register on March 27, 2020 (85 FR 17314) which solicited public comments. No comments were received.

The public, as well as federal and state fishery management and enforcement agencies, is consulted during all phases of the preseason process for setting the annual management measures in March and April. Public meetings, public hearings, and written comments provide interested persons the opportunity to express their views on the availability of data, the frequency of collection, the clarity of instructions, the amount of burden to be imposed, and ways to minimize the burden.

On March 3, 2020, for the specific purpose of the current extension request, the members of the Pacific Fishery Management Council’s Salmon Advisory Subpanel (SAS) who represent the Commercial Salmon Fishery in Washington, Oregon, and California, and the Chair of the SAS, were consulted on their views on the availability of data, the frequency of collection, the clarity of instructions, the amount of burden to be imposed, and ways to minimize the burden. The members of the SAS unanimously responded favorably to the continuing the collection without any modifications.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

No payment or gifts are provided to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.

The information will be collected by specified federal or state entities and forwarded to the appropriate state fishery agencies. Assurance of confidentiality to respondents is based on the policies of the federal and/or state agencies involved. The information collected by NMFS is confidential under section 402(b) of the Magnuson-Stevens Act (16 U.S.C. 1801, et seq.). It is also confidential under NOAA Administrative Order 216-100, which sets forth procedures to protect confidentiality of fishery statistics.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior or attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

No questions of a sensitive or private nature are included in this collection.

12. Provide estimates of the hour burden of the collection of information.

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under ‘Annual Cost to Federal Government’.

NOTE: The number of respondents is the actual number of individuals the collection is estimated to impact each year. For example, if an information collection will be valid for three years, and you expect 300 respondents the first year and none the second and third years, use the average of 100 respondents.

Information Collection	Type of Respondent (e.g., Occupational Title)	# of Respondents/year (a)	Annual # of Responses / Respondent (b)	Total # of Annual Responses (c) = (a) x (b)	Burden Hrs / Response (d)	Total Annual Burden Hrs (e) = (c) x (d)	Hourly Wage Rate (for Type of Respondent) (f)	Total Annual Wage Burden Costs (g) = (e) x (f)
Report of salmon landing information during unsafe conditions	Ship and Boat Captain	40	1	40	0.25	10	$41	$410
Totals				40		10		$410

Source of hourly wage rate: Bureau of Labor Statistics Occupational Outlook Handbook online (https://www.bls.gov/bls/blswage.htm, website accessed June 26, 2020).

*Cite official source of hourly wage rate - The estimate of average burden per response is based on expert review of proposed questions. BLS’s Occupational Outlook Handbook - a good wage source. https://www.bls.gov/bls/blswage.htm

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).

There are no capital/start-up or ongoing operation/maintenance costs associated with this information collection.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

If the entity collecting the information is a federal agency, the annual costs to the federal government would be based on the costs of receiving the reports. Estimated cost to U.S. Coast Guard, based on the estimated reporting in Item 12, above, of 10 hours annually, assuming maximum salary for an E-5 enlisted personnel ($3,502/month x 12 months = $42,024/year), federal cost is estimated at $210 annually; therefore the cost for 3 years is $630 (wage source: https://www.federalpay.org/military/coast-guard, website accessed June 26, 2020).

Cost Descriptions	Grade/Step	Loaded Salary /Cost	% of Effort	Fringe (if Applicable)	Total Cost to Government
Federal Oversight	E-5	$42,024/year	0.5%		$630
Contractor Cost
Travel
Other Costs:
TOTAL					$630

15. Explain the reasons for any program changes or adjustments reported in ROCIS.

There are no changes to the information collection since the last OMB approval.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

The results of the collection will not be published.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The OMB Control Number and expiration date are included in the Instruction document. There are no forms associated with this collection.

18. Explain each exception to the certification statement identified in “Certification for Paperwork Reduction Act Submissions."

The agency certifies compliance with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

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