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OMB Control No: 0648-0544	ICR Reference No: 202404-0648-014
Status: Historical Inactive	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
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 08/21/2024
	Date Received in OIRA: 06/17/2024
Terms of Clearance: In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2026	36 Months From Approved	07/31/2026
Responses	14,380	0	14,380
Time Burden (Hours)	2,628	0	2,628
Cost Burden (Dollars)	517,991	0	517,991

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 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 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 Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico. 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. 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.

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

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

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: South Atlantic Rock Shrimp and Gulf Reef Fish permits are under a limited entry program, and as such, no new permits are issued, and some attrition to the industry occurs every year. The reduced number of respondents reflects that attrition. The proposed amendment would eliminate the Installation and Activation Certification /Checklist requirement for the Gulf of Mexico Reef fish vessels, which were the majority of respondents. The increase in annual Power Down Exemption requests is thought to be a consequence of NMFS’ increased outreach to participants, advising of the requirement to submit a Power Down Exemption request before turning off their VMS unit. Additionally, the switch from paper-based submissions to electronic submissions has reduced the time per response from 5 minutes to 3 minutes. The reduction of the number of vessels with Gulf of Mexico Reef Fish permits, through attrition, reduces the number of declarations expected to be submitted by the fishery. The burden for purchase of a VMS unit and overseeing the work of a Marine Electrician were not considered independent of the Installation & Activation / Checklist in years past. The time burden for Marine electrician oversight is combined with the time burden of purchasing a new VMS unit, which are collectively estimated to be 5 hours per respondent.

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

Agency Contact: Carolyn Sramek 727 824-5346

View ICR - OIRA Conclusion