0711 (BM40) rev Supporting Statement A_FR

SUPPORTING STATEMENT

U.S. Department of Commerce

National Oceanic & Atmospheric Administration

Alaska Cost Recovery and Fee Programs

OMB Control No. 0648-0711

Abstract

This is a resubmission with the final rule, of a request by the National Marine Fisheries Service Alaska Regional Office (NMFS) for revision of this currently approved information collection that contains requirements for the NMFS Alaska Region fee programs.

This information collection is necessary under the Magnuson-Stevens Act, which authorizes observer deployment fees and requires cost recovery fees to be collected for all limited access privilege programs and community development quota programs.

This information collection is revised due to a final rule to implement electronic monitoring (EM) for pelagic trawl pollock catcher vessels and tender vessels delivering pollock to shoreside processors or stationary floating processors in the Bering Sea, Aleutian Islands, and Gulf of Alaska (RIN 0648-BM40). This action is intended to improve salmon accounting, reduce monitoring costs, and improve the quality of monitoring data.

This collection is revised to add the submission of the new full coverage trawl EM fee. This fee increases the total respondents, responses, and burden for this collection.

This final rule also affects information collection requirements approved under OMB Control Numbers 0213, -0318, -0330, and -0515. NMFS is submitting separate requests to revise these collections.

One change was made to this supporting statement from the proposed rule. The hourly wage rate in the response to question #12 was updated to use the most current rate available from the U.S. Bureau of Labor Statistics.

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.

Under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.), the Secretary of Commerce is responsible for the conservation and management of marine fishery resources within the Exclusive Economic Zone (EEZ) of the United States through National Oceanic and Atmospheric Administration/National Marine Fisheries Service. NMFS Alaska Region manages the groundfish fisheries in the EEZ of the Bering Sea and Aleutian Islands Management Area (BSAI) and Gulf of Alaska under fishery management plans prepared by the North Pacific Fishery Management Council (Council) under the authority of the Magnuson-Stevens Act and other applicable laws.

This information collection contains requirements for the NMFS Alaska Region cost recovery fee programs and the observer coverage fee program. This information collection is necessary under the Magnuson-Stevens Act, which authorizes observer deployment fees and requires cost recovery fees to be collected for all limited access privilege (LAP) programs and community development quota programs. The fee calculation forms and the volume and value reports contained in this collection are necessary to track, verify, and enforce the fee collection systems.

This information collection is required in Federal regulations at 50 CFR parts 679 and 680. The specific regulations for the instruments in this information collection are provided in the table in question #2 below. Information on the observer coverage fee and cost recovery fee programs is provided on the cost recovery programs, fee collection, and fee payment website for the NMFS Alaska Region.

Cost Recovery Fees

Section 304(d) of the Magnuson-Stevens Act authorizes and requires the collection of cost recovery fees for LAP programs and community development quota programs. The cost recovery fees may not exceed 3 percent of the ex-vessel value of the fish harvested under the program, and must recover incremental (program) costs associated with the management, data collection and analysis, and enforcement of these programs that are directly incurred by government agencies tasked with overseeing these fisheries.

NMFS recovers the program costs associated with management, data collection and analysis, and enforcement of the cost recovery programs in this information collection (see the table under #2). For any of these tasks, NMFS may recover only those costs for activities or aspects of activities that NMFS did not have to undertake prior to implementation or establishment of the program. Examples of the specific management activities undertaken by staff at the NMFS Alaska Region or the Alaska Fishery Science Center that are recoverable include at-sea scale inspections, creation and maintenance of software programs to track exclusive harvest privileges, development and implementation of regulation changes for programs subject to cost recovery, and staff time devoted to monitoring and tracking catch associated with a fishery subject to cost recovery.

Observer Coverage Fee

Section 313 of the Magnuson-Stevens Act authorizes a system of fees to support a fisheries research plan and deploy observers in the North Pacific fisheries. Unlike the cost recovery fees, this is a straight fee and does not recover incremental costs associated with the program. NMFS assesses a fee of 1.65 percent of the ex-vessel value of groundfish and halibut landed in the partial coverage category under the North Pacific Observer Program (Observer Program) (85 FR 41424, July 10, 2020). The fee percentage is set in regulations at § 679.55 and reviewed periodically by the Council. Vessels and processing plants in the full coverage category under the Observer Program directly pay observer providers for the observer on their vessel or in their plant. Information on the Observer Program is provided on the Observer Program website for the NMFS Alaska Region.

The observer coverage fee funds deployment of observers and electronic monitoring in the partial coverage category of the Observer Program. NMFS is authorized to use the observer fees for stationing observers and electronic monitoring systems on board fishing vessels and processing plants that have been selected for observer coverage in the partial coverage category. The information collected by observers provides scientific information for minimizing bycatch and managing the groundfish and halibut fisheries in the BSAI and Gulf of Alaska.

Reasons for Revisions Due to the Rule (RIN 0648-BM40)

This information collection is revised due to the final rule to implement Amendment 126 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 114 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (RIN 0648-BM40). Amendments 126/114 and this final rule implement electronic monitoring (EM) for pelagic trawl pollock catcher vessels and tender vessels delivering pollock to shoreside processors or stationary floating processors in the Bering Sea, Aleutian Islands, and GOA (trawl EM category). The trawl EM category applies to eligible pelagic trawl catcher vessels and tender vessels in the full coverage and partial coverage categories of the North Pacific Observer Program. Participation in trawl EM is voluntary under Amendments 126/114, and a vessel owner or operator may annually request placement in the trawl EM category. This action is intended to improve salmon accounting, reduce monitoring costs, and improve the quality of monitoring data. The North Pacific Fishery Management Council and NMFS developed this final action based on input received from the Trawl EM Committee, three years of data gathered through the exempted fishing permit process, and public input through the Council process.

To pay for video review services for vessels in the full coverage trawl EM category, this rule establishes a new full coverage trawl EM fee at § 679.56 under authority of section 313 of the Magnuson-Stevens Act. Under section 313, the fees shall not exceed 2 percent of the fishery ex-vessel value. NMFS will use this new fee to pay for the costs of data review, storage, and transmission of EM data for vessels in the full coverage trawl EM category. Owners of catcher vessels in the full coverage trawl EM category will be responsible for paying the full coverage trawl EM fee for all pollock landings.

There will be no change for vessels in the partial coverage trawl EM category. Consistent with regulations at § 679.55, NMFS uses funds from the existing observer fees to pay for EM hardware and review services for vessels in the partial coverage category. Catcher vessels and tender vessels in the partial coverage category (vessel operating in the GOA and AI pollock fisheries) continue to pay the existing observer fee as specified at § 679.55. The partial coverage observer category is funded through a system of fees collected from fishery participants (vessels and processors) under authority of section 313 of the Magnuson-Stevens Act. NMFS uses partial coverage fees to procure shoreside observers, deploy and support EM equipment on selected vessels, and pay for EM video review and data storage.

As participation in the trawl EM category is voluntary, an entity that would be subject to the trawl EM requirements would only participate if the benefits from doing so outweighed the burden. Development of the program was requested and supported by industry. NMFS estimates 69 catcher vessels will participate in the full coverage trawl EM category and need to submit the new fee. Adding this fee increases the total respondents, responses, and burden for this collection.

This rule also affects information collection requirements approved under OMB Control Numbers 0648-0213 (Alaska Region Logbook and Activity Family of Forms); -0318 (North Pacific Observer Program); -0330 (Alaska Region Scale and Catch Weighing Requirements); and -0515 (Alaska Interagency Electronic Reporting System). NMFS is submitting separate requests for these collections.

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.

This information collection contains the following NMFS Alaska Region fee payments, reports, and appeals. All are submitted annually except for the two fee calculation forms and appeals, which are submitted when needed.

Requirements	Regulations (50 CFR)	Who submits the fee or information?	How is the payment or information submitted?	Is there a form?	Payment or Submission Deadline
Observer Coverage Fee
Observer Coverage Fee Payment	§ 679.55	While the owners of catcher vessels and processors in the partial coverage category of the Observer Program are each responsible for paying their portion of the fee, the owners of shoreside or stationary floating processors and registered buyers are responsible for collecting the fees from catcher vessels, and remitting the full fee to NMFS. Owners of catcher/processors in the partial coverage category are responsible for remitting the full fee to NMFS.	eFISH	N	February 15 of the year following the calendar year in which the groundfish or halibut landings subject to the observer coverage fee were made
Electronic Monitoring Fee
Full Coverage Trawl Electronic Monitoring Fee Payment [Added new fee]	§ 679.56(a) [Added new regulation]	Owners of catcher vessels in the full coverage trawl electronic monitoring category	eFISH	N	May 31 of the calendar year following the year in which the pollock landings occurred
Cost Recovery Fees
Pacific Halibut and Sablefish Individual Fishing Quota (IFQ) Program	§§ 679.5(l)(7)(ii) and 679.45	IFQ permit holder with IFQ and/or guided angler fish (GAF) landings RQE representative CDQ groups that lease (receive by transfer) halibut IFQ	eFISH	N	January 31 following the calendar year in which the IFQ and/or GAF landings were made
Crab Rationalization (CR) Program	§§ 680.5(g) and 680.44	Each Registered Crab Receiver (RCR) who receives CR crab	eFISH	N	July 31 following the crab fishing year in which the CR crab landings were made
Rockfish Program	§ 679.85	Rockfish cooperative quota (CQ) permit holders who hold a rockfish CQ permit against which landings were made	eFISH	N	February 15 of the year following the calendar year in which the rockfish CQ landings were made
Western Alaska Community Development Quota (CDQ) Program for groundfish and halibut	§ 679.33	Representative at the time of landing of each CDQ group that receives a CDQ allocation of groundfish and halibut	eFISH	N	December 31 of the calendar year in which the CDQ groundfish and halibut landings were made
American Fisheries Act (AFA) Program	§ 679.66	The designated representative on the AFA inshore cooperative permit at the time of a Bering Sea pollock landing is responsible for submitting the fee. The AFA catcher/processor and mothership sectors are no longer subject to the fee.	eFISH	N	December 31 of the calendar year in which the Bering Sea pollock landings were made
Aleutian Islands Pollock Program	§ 679.67	Authorized representative designated by the Aleut Corporation	eFISH	N	December 31 of the calendar year in which the Aleutian Islands pollock landings were made
Amendment 80 Program	§§ 679.5(u) and 679.95	Authorized representative designated by the Amendment 80 cooperative	eFISH	N	December 31 of the calendar year in which the Amendment 80 CQ landings were made
Pacific Cod Trawl Cooperative Program	§ 679.135	Authorized representative designated by PCTC Program cooperative application	eFish	N	December 31 of the calendar year in which the PCTC Program landings were made
IFQ Permit Holder Fee Calculation Form	§ 679.5(l)(7)(ii)	IFQ fishery participants paying their actual fee rather than their NMFS assessed fee liability use this form to submit calculations and documentation supporting their revised fee liability.	mail (OMD) fax (OMD)	Y	January 31
Registered Crab Receiver Fee Calculation Form	§ 680.5(g)	RCRs paying their actual fee rather than their NMFS assessed fee liability use this form to submit calculations and documentation supporting their revised fee liability.	mail (OMD) fax (OMD)	Y	July 31
Volume and Value Reports
IFQ Registered Buyer Ex-vessel Volume and Value Report (IFQ Buyer Report)	§ 679.5(l)(7)(i)	IFQ Registered Buyers that operate as shoreside processors and receive and purchase IFQ landings of sablefish or halibut or CDQ landings of halibut	eFISH mail (RAM) fax (RAM)	Y	October 15 following the reporting period in which the IFQ Registered Buyer receives the IFQ fish or CDQ halibut. Reporting period: October 1–September 30 of the following year
CR Registered Crab Receiver Ex-vessel Volume and Value Report	§ 680.5(m)	RCR that operates as a shoreside processor or stationary floating crab processor and receives and purchases landings of CR crab for each reporting period in which the RCR receives CR crab	eFISH	N	May 31 of the reporting period in which the RCR received the CR crab. Reporting period: August 1–May 31 of the following year
Rockfish Ex-vessel Volume and Value Report	§ 679.5(r)(10)	Shoreside processors that receive Rockfish Program CQ groundfish	eFISH	N	December 1 of the year in which the rockfish processor received the rockfish CQ groundfish Reporting period: May 1–November 15 of each year
Pacific Cod Ex-vessel Volume and Value Report	§§ 679.5(u)(1) and 679.134(f)(7)	Shoreside processor designated on an FPP or a mothership designated on an FFP and that processes landings of either CDQ Pacific cod or BSAI Pacific cod harvested by a vessel using trawl gear for each reporting period for which received Pacific cod A PCTC processor (as defined at 50 CFR 679.2) that receives and purchases landings of PCTC CQ for each reporting period for which the PCTC processor receives PCTC CQ	eFISH	N	November 10 of the year in which the processor or mothership received the Pacific cod. Reporting period: January 1–October 31 of the year in which the landings were made
First Wholesale Volume and Value Report	§ 679.5(u)(2)	Amendment 80 vessel owner that harvests Amendment 80 and CDQ species, other than Pacific cod, for each reporting period for which the vessel harvests Amendment 80 and CDQ species	eFISH	N	November 10 of the year in which the Amendment 80 vessel received the groundfish species, other than Pacific cod. Reporting period: All species but rock sole, January 1–October 31; Rock sole (2 reporting periods), January 1–March 31 and April 1–October 31
Appeals
Appeals	50 CFR 679.43 and 15 CFR 906	Any person who receives an initial administrative determination for incomplete fee payment	mail fax	N	As needed

eFISH: https://alaskafisheries.noaa.gov/webapps/efish/login

OMD — Mail: NMFS Alaska Region, Attn: Fee Coordinator, Operations and Management Division, P.O. Box 21668, Juneau, Alaska 99802-1668; Fax: 907-586-7255.

RAM — Mail: NMFS Alaska Region, Attn: RAM Program, P.O. Box 21668, Juneau, AK 99802-1668; Fax: 907-586-7354.

Appeals — Mail: National Appeals Office, 1315 East-West Highway, Silver Spring, MD 20910; Fax 307-713-2384.

eFISH

NMFS collects fees and the volume and value reports through eFISH, which is NMFS Alaska Region’s online Fisheries Information System. Participants access eFISH using their user ID and temporary password issued by NMFS.

All fee payments must be made electronically through eFISH in U.S. dollars by automated clearing house, credit card, or electronic check drawn on a U.S. bank account. Payment instructions are posted on the NMFS Alaska Region website. To pay a fee, participants select the payments tab and select the link for the appropriate fee. The fee payment page summarizes their fee liability and transactions. After selecting “submit payment,” the participant is redirected to a pay.gov payment entry screen. The participant provides the following information in pay.gov: payment amount, billing address, account holder name, payment method, and information associated with the payment method.

To submit a volume and value report, for each species the participant enters in the volume and value report the landing month, the pounds landed, and the value of the pounds purchased.

Dissemination of Information

This 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.

It is anticipated that some of the information collected will be disseminated to the public or used to support publicly disseminated information. 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. See Question 16 of this Supporting Statement for information from this collection that is posted on the NMFS National Appeals Office website.

The sections below provide additional information on the requirements for the fees, volume and value reports, and appeals.

1. Observer Coverage Fee Payment [no change]

NMFS collects the annual observer coverage fee to support the funding and deployment of observers and electronic monitoring (EM) on vessels and in plants in the Observer Program’s partial coverage category. As of 2019, the funds from this fee have also been used to deploy EM in the fixed gear fleet. This system of fees fairly and equitably distributes the cost of monitoring among all vessels and processors in the partial coverage category.

The observer coverage fee is assessed on landings by vessels in the partial coverage category. The total fee amount is determined by the sum of the fees reported for each landing at that processor or registered buyer in the prior calendar year. NMFS annually publishes in the Federal Register the standard ex-vessel prices for groundfish and halibut by port, species, and gear type to provide participants the prices that will be used to calculate the observer fee.

Catcher vessel owners split the fee with the registered buyers or owners of shoreside or stationary floating processors. While the owners of catcher vessels and processors in the partial coverage category are each responsible for paying their portion of the fee, the owners of shoreside or stationary floating processors and registered buyers are responsible for collecting the fees from catcher vessels, and remitting the full fee to NMFS. Owners of small catcher/processors in the partial coverage category are responsible for remitting the full fee to NMFS.

NMFS sends invoices to processors and registered buyers by January 15 of each calendar year. The invoice includes their fee amount for the landings in the previous year, the date due, and instructions for submitting payment. Payment is due through eFISH by February 15. Full payment of the fee is required before NMFS will issue a new or renewed Federal processor permit or registered buyer permit.

More information on the observer fee is provided on the observer fee collection and payment website for the NMFS Alaska Region.

2. Full Coverage Trawl EM Fee Payment [New fee]

The Full Coverage Trawl EM Fee Payment is added to this collection because the rule adds new regulations at 50 CFR 679.56(a) that require the owner of a catcher vessel in the full coverage trawl EM category of the Observer Program to submit the full coverage trawl EM fee payment for all pollock landings.

NMFS will use this new fee to pay for the costs of data review, storage, and transmission of EM data for vessels in the full coverage trawl EM category. The annual cost of EM review, data storage, and transmission is divided among full coverage vessels in the trawl EM category. NMFS will use the pollock catch history (i.e., actual harvest amount) from the previous year to divide the cost equitably among full coverage participants in the trawl EM category that year.

NMFS will calculate and announce the trawl EM fee percentage in a Federal Register notice by December 1 of the year following the year in which the full coverage pollock landings were made. NMFS will calculate the trawl EM fee percentage based on the calculations described in § 679.56(c)(2).

Instructions for electronic payment will be made available on both the payment website and a fee liability summary letter mailed to each designated representative. Payment is due by May 31. Failure to pay the full coverage trawl electronic monitoring fee will result in not being selected for the trawl EM category in the following year.

This revision adds 69 annual respondents and responses to this collection. NMFS estimates the burden to the respondents at 1 minute per response, which is the same as the burden for most of the fee payments in this collection.

3. Cost Recovery Fee Payments [no change]

Cost recovery fees are the second type of fee collected annually by NMFS Alaska Region, which is approved under this information collection. More information on the cost recovery fees is provided on the cost recovery programs, fee collection, and fee payment website for the NMFS Alaska Region.

NMFS collects cost recovery fees to recover costs incurred by the agency for program management, data collection, and enforcement of the LAP programs and the Western Alaska Community Development Quota (CDQ) Program. A permit holder incurs a cost recovery fee for all the pounds of fish landed on their permit(s) in the particular program, and is responsible for self-collecting the fee for those landings. Except for an RQE, the fee is based on the sum of all payments made to fishermen for the sale of the fish during the year. This includes any retroactive payments (e.g., bonuses, delayed partial payments, post-season payments) made to the permit holder for previously landed fish. An RQE’s fee is based on standard ex-vessel halibut prices and the annual recreational fishing quota (RFQ) pounds that are issued to the RQE, rather than RFQ harvest at each location of charter halibut landings.

For each program, NMFS annually publishes in the Federal Register the fee percentage and standard ex-vessel prices used to calculate the cost recovery fee. Additionally, NMFS sends persons subject to the fees an invoice that includes their fee amount, the date due, and instructions for submitting their payment.

d. Fee Calculation Forms [no change]

The fee calculation forms are used by permit holders who do not agree with their NMFS assessed fee liability and are paying a revised fee. IFQ permit holders who pay their actuals instead of their assessed amount use the IFQ Permit Holder Fee Calculation Form to calculate and submit documentation supporting their revised fee. Registered crab receivers who pay their actual fee instead of their assessed amount use the Registered Crab Receiver Fee Calculation Form to calculate and submit documentation supporting their revised fee. Examples of documentation supporting revised fees include valid fish tickets; sales receipts; check stubs that clearly identify the IFQ landing amount, species, date, time, and ex-vessel value or price; and check stubs that clearly identify the CR landing amount, species, date, time, and ex-vessel value or price. These forms are available as fillable pdfs on the NMFS Alaska Region website.

The IFQ Permit Holder Fee Calculation Form collects the following information:

Overpayment

• Check if apply overpayment to future fees or issue refund.

Identification of IFQ Permit Holder or RQE

• IFQ permit holder or RQE name, NMFS Person ID

• Permanent business mailing address, telephone number, and email address

Applicant Signature

• Printed name and signature of IFQ permit holder or RQE (if representative, attach authorization)

• Date signed

Fee Calculation Worksheet (Is not applicable to an RQE.)

• List all permit numbers and associated dates of landing, port locations, IFQ pounds, GAF pounds, standard ex-vessel price, actual ex-vessel price, and total.

The RCR Fee Calculation Form collects the following information:

Identification of RCR

• RCR name, NMFS Person ID, taxpayer ID, and date of birth or incorporation

• All RCR permit numbers held by permit holder

• Permanent business mailing address, telephone number, fax number, and email address

Applicant Signature

• Printed name and signature of RCR (if representative, attach authorization)

• Date signed

Crab Fee Calculation Worksheet

List all permit numbers and associated month and year of landing, port locations, fishery, species, CR Program, CR pounds, NMFS calculated ex-vessel price, actual ex-vessel price, and total.

e. Volume and Value Reports [no change]

Processors that receive and purchase landings of IFQ halibut or sablefish, rockfish, groundfish, PCTC CQ, or crab subject to observer and/or cost recovery fees must annually submit an ex-vessel volume and value report that provides information on the pounds purchased and value paid. NMFS uses information from volume and value reports to establish the total ex-vessel value of the fishery, to calculate standard prices, and to establish annual fee percentages in each fishery.

All but one of the reports must be submitted electronically through eFISH. Only the IFQ Register Buyer Ex-vessel Volume and Value Report has an option to submit by mail or fax. To submit this report by mail or fax, a form is available as a fillable pdf on the NMFS Alaska Region website.

The IFQ Register Buyer Ex-vessel Volume and Value Report form collects the following information:

Identification of Registered Buyer

• Check yes or no if performed any shoreside activity this IFQ fishing year. If no, you do not need to submit the report.

• Registered Buyer name, permit number, NMFS person ID number, taxpayer ID number, and date of birth or incorporation

• Facility or vessel location (port location)

• Business mailing address: check if permanent or temporary

• Business telephone number, fax number, and email address

Non-Electronic Certification

• Printed name and signature of IFQ Registered Buyer Representative (attach authorization)

• Date signed

Pounds Purchased and Value Report

• For each period for IFQ halibut, CDQ halibut, and sablefish, list pounds purchased, and total gross ex-vessel value paid

f. Appeals [no change]

Any person who receives an initial administrative determination (IAD) for non-payment of the fee obligation may appeal. The appeals process is described under 50 CFR 679.43. An appeal to an IAD must be submitted under the following the appeals procedures at 15 CFR part 906.

Administrative appeals of adverse decisions made by NMFS Alaska Region must be submitted to the NMFS National Appeals Office (NAO) in Silver Spring, Maryland. Instructions for submitting an appeal are provided on the NAO website. The appeal may be submitted by fax (307-713-2384) or by mail or commercial carrier to National Appeals Office, 1315 East-West Highway, Silver Spring, MD 20910.

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.

NMFS collects all fees and the volume and value reports online through eFISH. eFISH is the NMFS Alaska Region online Fisheries Information System. In addition to providing a method to pay fees and submit volume and value reports, eFISH provides an online method to submit applications and access to participants’ NMFS permit accounts. eFISH allows participants to check account balances, vessel balances, and landing ledger reports; quota share holdings reports, processor quota share holding reports from various fisheries; report landings; conduct quota transfers; renew certain fishery permits; report a GAF landing; and check a GAF permit balance. Persons access eFISH through a User ID and initial password issued by NMFS. User guides for eFISH are posted on the NMFS Alaska Region website.

The IFQ Permit Holder Fee Calculation Form, Registered Crab Receiver Fee Calculation Form, and the IFQ Register Buyer Ex-vessel Volume and Value Report form are available as fillable pdfs on the NMFS Alaska Region website. These forms may be completed electronically by the participant, downloaded, printed, and submitted to NMFS by mail or fax.

NMFS Alaska Region is working toward offering more online services. The current data entry and retrieval system is nearing the end of its life, and a new database is in development. NMFS Alaska Region is working toward offering more online services.

Administrative appeals cannot be submitted electronically because the National Appeals Office requires submission of documents by fax, mail, or delivery to provide the appropriate record for legal proceedings.

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

No duplication exists with other information collections. In general, Alaska Region information collections are prepared and reviewed by staff familiar with all of the information collection requirements for the region. Staff work together to develop information collection requirements for new programs. In addition, NMFS staff work closely with the staff of the Alaska Department of Fish and Game and the International Pacific Halibut Commission to reduce duplication in information collection requirements to the extent possible given overlapping jurisdictions and complex fisheries. Senior staff at the Alaska Region, NMFS headquarters, and the Department of Commerce General Counsel review all new and revised information collection requirements that are associated with rulemakings. This process minimizes the potential for duplication of information collection requirements for participants in the Federal fisheries off Alaska.

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

The requirements added by the rule (RIN 0648-BM40) have been designed to meet management, enforcement, and scientific information needs, while minimizing the burden of collecting those data on all participants. As a voluntary program, entities would participate, and thus be directly regulated, only if there is a net benefit to doing so. Entities that individually judge the operational costs of participating in the EM program to be burdensome could continue fishing under the existing human observer selection protocols.

NMFS attempts to minimize the burden of this information collection on all respondents by collecting only information necessary to manage the programs, by providing and supporting the online data collection program eFISH, and by providing assistance to users online and by phone. The burden on all participants is minimized by providing for electronic payment of fees and submission of the volume and value reports. eFISH, the electronic technology used to submit payment and some reports, is used by participants for other reporting and recordkeeping requirements in their fisheries. Electronic payment and submission improves data security, reduces the administrative costs of processing payments and reports, and provides an efficient and more accurate method for persons to submit the fees and reports.

eFish has a “help” link within the application for users to access help options and user guides. User guides are posted at https://www.fisheries.noaa.gov/resource/document/user-guides-efish-online-services. NMFS also maintains documentation about eFISH in the eLandings Wiki (Confluence), at https://elandings.atlassian.net/wiki/spaces/doc/pages/31096857/eFISH+Web+Application. In addition, NMFS maintains a help/support call center with contractors available by phone Monday through Friday.

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.

This information collection is necessary to comply with the Magnuson-Stevens Act, which requires cost recovery fees to be collected for all limited access privilege programs and community development quota programs and authorizes observer deployment fees. It would not be possible to carry out the mandates of the Magnuson-Stevens Act and other laws if approval to continue this previously approved collection were to be denied.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner inconsistent with OMB guidelines.

This collection will be conducted in a manner consistent to 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 proposed rule (89 FR 7660) soliciting public comments published on February 5, 2024. The comment period ended on April 5, 2024. Additionally, per section 313 of the Magnuson-Stevens Act, NMFS conducted public hearings to accept oral and written comments on the proposed rule in-person for Alaska and virtually for Oregon and Washington. The first public hearing was held on February 28, 2024, in Kodiak, AK. The second public hearing was held virtually for Washington and Oregon on March 12, 2024.

Three comments were received regarding the proposed rule. No comments were made regarding the information collection itself. No changes were made because of the comments received. The comments and NMFS’ responses are below.

Comment 1: Full coverage vessels will be responsible for paying costs associated with EM video review. Therefore, they should be able to choose between EM review service providers similar to how EM hardware service providers are selected. This would require NMFS to contract with more than one EM review service provider.

Response: NMFS has not received any new resources to establish EM programs and does not have the additional staff capacity to administer multiple EM review service provider contracts. The trawl EM program is voluntary; there is no requirement for a vessel to participate in the program if they prefer a different EM review provider.

Comment 2: The Council deliberations during the development of this program made clear that observer fees should cover the costs for the GOA processors regarding observers. Please clarify that the partial coverage fee will cover these additional costs.

Response: The partial coverage fee will be used to pay for observers stationed at non-AFA shoreside processors and stationary floating processors.

Comment 3: Please define how trawl EM category costs would be covered for vessels participating in both the full and partial coverage pollock fisheries.

Response: Vessels participating in AFA pollock, for any number of trips, are considered to be full coverage vessels and are subject to the EM service requirements for full coverage vessels as specified at § 679.51(g)(ix)(B). Full coverage catcher vessels and tender vessels will procure their EM hardware service provider and pay the EM review fee. Vessels participating only in the partial coverage pollock fishery are considered to be partial coverage vessels and are subject to the EM service requirements for partial coverage vessels as specified at § 679.51(g)(ix)(A). Partial coverage catcher vessels and tender vessels will be covered by the observer fee.

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

No payment or gift is provided.

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.

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).

The Privacy Impact Assessment that covers this information collection is NOAA NMFS Alaska Region Local Area Network (NOAA4700).

Additionally, electronic fee payment improves data security. When making a payment in eFISH, users are redirected to pay.gov. Pay.gov is a secure payment service offered by the Department of Treasury used to process payments for many government agencies, including NMFS. Pay.gov offers the highest level of security for personal and financial information submitted to pay fees. It uses the latest industry-standard methods and encryption to safely collect, store, and transmit information that is submitted.

By using pay.gov, NMFS does not handle, store, or process credit/debit card or bank account information.

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.

The IFQ Registered Buyer Ex-vessel Volume and Value Report form, CR Registered Crab Receiver Ex-vessel Volume and Value Report, and the Registered Crab Receiver (RCR) Fee Calculation Form collect the applicant’s taxpayer identification number (TIN). A TIN may be an applicant’s social security number, which is sensitive personal identifiable information (PII).

NMFS must collect and store an entity’s TIN for the purpose of complying with the Debt Collection Act of 1996. All IFQ registered buyers may incur a debt to the government because of fee liabilities charged under the IFQ Program cost recovery fee program authorized under section 304(d)(2)(A) of the Magnuson-Stevens Act and implemented by regulations at 50 CFR 679.45. All registered crab receivers may incur a debt to the government because of fee liabilities charged under the CR Program cost recovery fee program authorized under section 304(d)(2)(A) of the Magnuson-Stevens Act and implemented by regulations at 50 CFR 680.44. Therefore, NMFS must collect and store every IFQ registered buyer’s TIN and every registered crab receiver’s TIN.

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

This rule (RIN 0648-BM40) adds the full coverage trawl EM fee. NMFS estimates 69 catcher vessels will participate in the full coverage trawl EM category and need to submit this new fee. NMFS estimates the burden per response at 1 minute for fee, which is comparable to the other fee burdens in this collection.

The hourly wage rates are based on U. S. Bureau of Labor Statistics (BLS) wage rates and rates reported by industry. The rates are the most current BLS hourly wage rates available (May 2023) and those used for the same respondent types in other NMFS Alaska Region information collections. The BLS hourly wage rates used in the supporting statement submitted for the proposed rule have been updated because more current rates are now available. The wage rate estimate of $24.21 is the BLS mean hourly wage for Occupation Code 45-0000 (Farming, Fishing, and Forestry Occupations; https://www.bls.gov/oes/current/oes_ak.htm) for Alaska. The other hourly wage rates are based on BLS wage rates or industry reported rates and are identified in the notes at the end of the table. Burden and wage rate estimates are updated and revised when new rates are available and when public comment supports doing so. Differences in the estimated time per response, the total annual burden hours, and total labor cost may occur due to rounding.

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)
Observer Coverage Fee Payment	Registered buyers, owners of shoreside or stationary floating processors, and vessel owners	102	1	102	1 min.	2 hrs	24.21	$48
Full Coverage Trawl Electronic Monitoring Fee Payment	Vessel owners	69	1	69	1 min.	1 hr	24.21	$24
Cost Recovery Fee Payments
IFQ Program	QS holders	1,579	1	1,579	1 min.	26 hrs	40.751	1,060
CR Program	Processor representative	18	1	18	1 min.	18 min	24.21	7
Rockfish Program	Rockfish cooperative representative	7	1	7	2 hours	14 hrs	352	490
CDQ Program	CDQ group representatives	6	1	6	1 min.	6 min	57.283	6
AFA Program	AFA inshore cooperative representatives	8	1	8	1 min.	8 min	752	10
Aleutian Islands Pollock	Aleut Corporation authorized representative	1	1	1	1 min.	1 min	57.283	1
Amendment 80 Program	Amendment 80 cooperative representative	1	1	1	1 min.	1 min	452	1
Pacific Cod Trawl Cooperative Program	PCTC Program cooperative representative	10	1	10	1 min.	10 min	75	13
Cost Recovery Fee Payments Total	—	1,630	—	1,630	—	41 hrs	—	$1,588
IFQ Permit Holder Fee Calculation Form	QS holders	66	1	66	30 min.	33 hrs	40.751	$1,345
Registered Crab Receiver Fee Calculation Form	Processor Representative	7	1	7	30 min.	4 hrs	24.21	$97
Volume and Value Reports
IFQ Registered Buyer	Processor Representative	69	1	69 (eFISH-64; non-elec. 5)	eFISH - 1 min.; non-elec. - 2 hrs	11 hrs (eFISH -1 hr; non-elec. - 10 hrs )	24.21	266
CR RCR	Processor Representative	29	1	29	1 min.	29 min.	24.21	12
Rockfish	Rockfish processors	7	1	7	1 min.	7 min.	24.21	3
Pacific Cod	Shoreside processors or motherships	6	1	6	1 min.	6 min.	39.654	4
First Wholesale	Vessel owners	2	1	2	1 min.	2 min.	24.21	1
Volume and Value Reports Total	—	113	—	113	—	12 hrs	—	$286
Appeals	Permit holders; vessel or processor owners; registered buyers; registered crab receivers; representatives of CDQ groups, cooperatives, or the Aleut Corporation	1	1	1	4 hrs	4 hrs	24.21	$97
Totals				1,988		97		$3,485

¹ The wage rate used is an average of $24.21, and the wage rate used for CDQ group representatives (see note #3 below). $40.75 = ($24.21 + 57.28)/2

² Industry reported.

³ The wage rate is based on the May 2023 U.S. Bureau of Labor Statistics mean hourly wage estimate for Occupation Code 11-9121 (Natural Sciences Managers; https://www.bls.gov/oes/current/oes_ak.htm) for Alaska.

⁴ The wage rate is based on the May 2023 U.S. Bureau of Labor Statistics mean hourly wage estimate for Occupation Code 13-2011 (Accountants and Auditors; https://www.bls.gov/oes/current/oes_ak.htm) for Alaska.

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).

Most of these information collections are submitted online, and the costs for those are estimated to be $0. Operating costs account for the typical inclusive general office services packages that include expenses for email, fax, copying, mailing, printing, and internet.

Information Collection	# of Respondents/year (a)	Annual # of Responses / Respondent (b)	Total # of Annual Responses (c) = (a) x (b)	Cost Burden / Respondent (h)	Total Annual Cost Burden (i) = (c) x (h)
Observer Coverage Fee Payment	102	1	102	0	0
Full Coverage Trawl Electronic Monitoring Fee Payment	69	1	69	0	0
Cost Recovery Fee Payments
IFQ Program	1,579	1	1,579	0	0
CR Program	18	1	18	0	0
Rockfish Program	7	1	7	0	0
CDQ Program	6	1	6	0	0
AFA Program	8	1	8	0	0
Aleutian Islands Pollock	1	1	1	0	0
Amendment 80 Program	1	1	1	0	0
Pacific Cod Trawl Cooperative Program	10	1	10	0	0
Cost Recovery Fee Total	1,630	—	1,630	—	0
IFQ Permit Holder Fee Calculation Form	66	1	66	Operating costs = $5	$330
Registered Crab Receiver Fee Calculation Form	7	1	7	Operating costs = $5	$35
Volume and Value Reports
IFQ Registered Buyer	69	1	69 (eFISH-64; non-elec. 5)	Operating costs = $5	25 (5 non-elec x $5 = $25)
CR RCR	29	1	29	0	0
Rockfish	7	1	7	0	0
Pacific Cod	6	1	6	0	0
First Wholesale	2	1	2	0	0
Volume and Value Reports Total	113	—	113	—	$25
Appeals	1	1	1	$505 (Operating costs - $5; Attorney - $5001)	$505
TOTALS	1,8012		1,988		$895

¹ 4 hours of attorney time at $125 per hour.

² Total respondents includes unique respondents only. Some respondents submit more than one instrument in this collection; 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 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.

Cost recovery fees do not increase agency budgets or expenditures. Under the Magnuson-Stevens Act, NMFS is authorized to collect direct program costs from the participants in cost recovery programs. Therefore, information collection for the cost recovery programs does not impose a cost on the Federal Government.

Total Annualized Cost to the Federal Government for Observer and EM Fees

The observer and EM fees are not part of a cost recovery program, and those costs are shown in the table below. Federal government costs are based on a single employee at ZP-3 Step 3 in Alaska, which is an annual salary of $121,378. The fully loaded salary cost includes 52 percent of the salary to account for benefits and other overhead costs, totaling $184,495. The grade and step are from the Department of Commerce Alternative Personnel System (CAPS) pay tables (https://www.commerce.gov/hr/practitioners/caps/pay-administration). The general schedule grade equivalent for CAPS is included in parentheses.

Cost Descriptions	Grade/Step	Loaded Salary/ Cost	% of Effort	Fringe (if Applicable)	Total Cost to Government
Federal Oversight	ZP-3 step 3 (GS 11-12)	$184,495	10%		$18,450
Other Federal Positions	—	—	—		—
Contractor Cost		—	—	—	—
Travel					—
Other Costs: Mailing costs	—	—	—	—	$50
TOTAL				—	$18,500

GS 11-12 (capped out ZP-3 Step 3, 2023 salary) = $121,378. To determine loaded salary, add 52% of salary ($121,378 * 1.52 = $184,495).

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

This collection has been revised to add the full coverage trawl EM fee for the trawl EM program. This program change increases the total respondents, responses, and burden for this collection. The labor costs were adjusted because the most current BLS hourly wage rate was used to calculate the costs.

Information Collection	Respondents		Responses		Burden Hours		Reason for change or adjustment
	Current Renewal / Revision	Previous Renewal / Revision	Current Renewal / Revision	Previous Renewal / Revision	Current Renewal / Revision	Previous Renewal / Revision
Observer Coverage Fee Payment	102	102	102	102	2	2	No change
Full Coverage Trawl Electronic Monitoring Fee Payment	69	—	69	—	1	—	Program change: New collection instrument that is added by this rule.
Cost Recovery Fee Payments	1,630	1,630	1,630	1,630	41	41	No Change
IFQ Permit Holder Fee Calculation Form	66	66	66	66	33	33	No change
Registered Crab Receiver Fee Calculation Form	7	7	7	7	4	4	No change
Volume and Value Reports	113	113	113	113	12	12	No change
Appeals	1	1	1	1	4	4	No change
Total for Collection	1,801*	1,732*	1,988	1,919	97	96
Difference	69 (Program Change)		69 (Program Change)		1 (Program Change)

* Total respondents includes unique respondents only. Some respondents submit more than one instrument in this collection; 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 information collection.

Information Collection	Labor Costs		Miscellaneous Costs		Reason for change or adjustment
	Current	Previous	Current	Previous
Observer Coverage Fee Payment	48	45	0	0	Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.
Full Coverage Trawl Electronic Monitoring Fee Payment	24	—	0	—	Program change: New collection instrument that is added by this rule. Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.
Cost Recovery Fee Payments	1,588	1,525	0	0	Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.
IFQ Permit Holder Fee Calculation Form	1,345	1,267	330	330	Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.
Registered Crab Receiver Fee Calculation Form	97	90	35	35	Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.
Volume and Value Reports	286	267	25	25	Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.
Appeals	97	90	505	505	Adjustment: Labor costs were adjusted to use the most current BLS hourly wage rate.
Total for Collection	$3,485	$3,284	$895	$895
Difference	$201 (Program change: $23; Adjustment: $178)		0

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.

Final administrative appeal decisions with redactions are posted on the NMFS National Appeals Office website. Personally identifiable information and confidential business information submitted in an administrative appeal are not released to the public.

No other information collected will 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 agency plans to display the expiration date for OMB approval of the information collection on all instruments.

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).