Southeast Region Vessel Monitoring System (VMS) and Related Requirements

Forms and Documents

Document Name	Status
Installation and Activation/Checklists Form and Instruction	Modified
0648-BM98 (-0544) Supporting Statement FINAL.docx Supporting Statement A	2024-08-28
Reef Fish Fishery Management Plan.pdf Supplementary Document	2024-08-28
Magnuson-Stevens Fishery Conservation and Management Act - 2007 Blue Book.pdf Supplementary Document	2024-08-28
Amendment 11 to the Fishery Management Plan for the Shrimp Fishery of the South Atlantic Region.pdf Supplementary Document	2024-08-28

IC Document Collections

IC ID	Document Title	Status
4658	Annual VMS Operation and Maintenance	Modified
270499	Physical Installation (purchase, setup, and installation oversight)	New
189198	Trip Declarations	Modified
189197	Power Down Exemption Requests Other-PRA Burden Statement	Modified
189195	Installation and Activation/Checklists Form and Instruction	Modified

ICR Details

OMB Control No: 0648-0544	ICR Reference No: 202408-0648-010
Status: Received in OIRA	Previous ICR Reference No: 202204-0648-006
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Southeast Region Vessel Monitoring System (VMS) and Related Requirements
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/29/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2026
Responses	13,580	14,380
Time Burden (Hours)	2,618	2,628
Cost Burden (Dollars)	457,571	517,991

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Abstract: The NMFS, Office of Law Enforcement, Southeast Enforcement Division is submitting this request for a revision and an extension of a currently approved information collection. Pursuant to proposed rule 0648-BM98, the changes proposed to this collection are the elimination of the current paper-based “Vessel Monitoring System Mobile Transceiver Unit (MTU) Power-Down Exemption Request for Vessels in the Gulf of Mexico Reef Fish Fishery” to be replaced with an online form submission. The online form also includes the addition of two data elements; the email address of the submitter, and an option for the submitter to identify themselves as the “permit holder” or “vessel operator.” Additionally, the change proposes to eliminate the current requirement for vessel owners to submit the Vessel Monitoring System (VMS) Installation and Activation Certification for the Reef Fish Fishery of the Gulf of Mexico form. The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) authorizes the Gulf of Mexico Fishery Management Council (Gulf Council) and South Atlantic Fishery Management Council (South Atlantic Council) to prepare and amend fishery management plans (FMP) for any fishery in Federal waters under their respective jurisdictions. NMFS and the Gulf Council manage the reef fish fishery in the Gulf of Mexico (Gulf) under the FMP for the Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP). NMFS and the South Atlantic Council manage the fishery for rock shrimp in the South Atlantic under the FMP for the Shrimp Fishery in the South Atlantic Region (Shrimp FMP). The FMPs and the implementing regulations contain several specific management areas where fishing is restricted; enforcement for which is most effectively conducted using VMS technology. The information collected on the soon-to-be-eliminated ‘‘Vessel Monitoring System Installation and Activation Certification for the Reef Fish Fishery of the Gulf of Mexico’’ form provides NMFS assurance that vessels are compliant with the requirements to install and activate an approved VMS unit. The requirement for vessel owners to install a VMS unit properly will remain in regulation, but there is little utility to requiring vessel owners to submit a form attesting to their compliance. Accordingly, we no longer seek to require that documentation. Information collected on the current ‘‘Vessel Monitoring System Mobile Transceiver Unit (MTU) Power-Down Exemption Request for Vessels in the Gulf of Mexico Reef Fish Fishery’’ form and online “Power Down Exemption Request form” provide information that allows NMFS to exempt a vessel from the VMS reporting requirement under specific criteria. Information collected in fishing activity declarations is used to identify fishing activities, necessary for law enforcement operational planning, so law enforcement will know in real time, with what fishing activities the vessels are engaged.

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Authorizing Statute(s): PL: Pub.L. 194 - 265 303 Name of Law: Magnuson-Stevens Fishery Management and Conservation Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0648-BM98	Proposed rulemaking	89 FR 51295	06/17/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
Annual VMS Operation and Maintenance
Installation and Activation/Checklists	NA	Rock Shrimp VMS certification and checklist
Physical Installation (purchase, setup, and installation oversight)
Power Down Exemption Requests	N/A	Online Form for Powerdown Exemption
Trip Declarations

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	13,580	14,380	0	0	-800	0
Annual Time Burden (Hours)	2,618	2,628	0	0	-10	0
Annual Cost Burden (Dollars)	457,571	517,991	0	0	-60,420	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The proposed amendment (rule 0648- BM98) would eliminate the Installation and Activation Certification /Checklist requirement for the Gulf reef fish vessels, which were the majority of respondents. This IC previously combined the Installation & Activation / Checklist with the Purchase and Physical Installation of a VMS. The new IC is being broken out for increased granularity. The reduced number of respondents results in a reduction of the labor and miscellaneous costs. The replacing of froms from paper to online also decreased burded, cost, and responses.

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Annual Cost to Federal Government: $416,500

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/29/2024

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