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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0648-0651
ICR Reference No:
202412-0648-008
Status:
Historical Inactive
Previous ICR Reference No:
202203-0648-005
Agency/Subagency:
DOC/NOAA
Agency Tracking No:
Title:
Fishery Products Subject to Trade Restrictions Pursuant to Certification Under the High Seas Driftnet Fishing (HSDF) Moratorium Protection Act
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:
06/03/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/17/2024
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
06/30/2025
36 Months From Approved
07/31/2025
Responses
5,000
0
5,000
Time Burden (Hours)
835
0
835
Cost Burden (Dollars)
33,800
0
33,800
Abstract:
This request is for a revision of the current information collection pursuant to proposed rule 0648-BK86. NMFS is requesting OMB approval for the expanded information set on the paper form and the requirement for electronic submission of certain data elements from the form as part of entry filing through the Automated Commercial Environment (ACE). Importers would also be required to keep records of the form for a period of two years from the date of the import and obtain International Fisheries Trade Permit, if one is not already in possession, and include the permit number on the Certificate of Admissibility (COA) form. In addition, the proposed revisions would allow a foreign nation to use its own COA form, subject to approval by the National Marine Fisheries Service (NMFS). Pursuant to the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act), the Marine Mammal Protection Act (MMPA), and the Atlantic Tunas Convention Act (ACTA), certain fish products may be excluded from U.S. markets. For example, if a nation is identified under the Moratorium Protection Act and fails to receive a positive certification decision from the Secretary of Commerce, certain fish or fish products from that nation may be prohibited from import to the United States. Similarly, if a nation does not receive a comparability finding for a fishery under the MMPA, products from that nation's fishery may also be prohibited. For ATCA, National Marine Fisheries Service (NMFS) is authorized to make determinations that fish subject to regulation or investigation by the International Commission for the Conservation of Atlantic Tunas (ICCAT) are ineligible for entry into the United States under specific circumstances. In each case, if certain fish or fish products of a nation are subject to import prohibitions (e.g., harvest of a particular fishery), NMFS requires that similar fish or fish products from that nation that are not subject to the import prohibitions must be accompanied by Certification of Admissibility (COA) fish harvest record form to be eligible for entry into the United States. A duly authorized official/agent of the applicant’s Government must certify that the fish being imported into the United States are of a species, or from a fishery, not subject to the import restriction.
Authorizing Statute(s):
US Code:
16 USC 1826d-k
Name of Law: High Seas Driftnet Fishing Protection Moratorium Act
US Code:
16 USC 1361 et seq
Name of Law: Marine Mammal Protection Act
US Code:
16 USC 971 et seq
Name of Law: Atlantic Tunas Convention Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0648-BK86
Proposed rulemaking
89 FR 102091
12/17/2024
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
4
IC Title
Form No.
Form Name
Completion/Submission of COA Fish Harvest Record Form & Data Set
N/A
Certification of Admissibility Harvest Record Form
International Fisheries Trade Permit Application
Post-release Submission to the ACE/DIS
Verification Response
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:
In pursuant of upcoming rule 0648-BK86, adjustment to the burden estimate is based on recent prior year experience with import restrictions and speculation on a potential increase under the statutory authorities. As part of the proposed rulemaking, the increased hourly burden is also a result of the new requirement to electronically enter information to the ACE portal and obtain an International Fisheries Trade Permit.
Annual Cost to Federal Government:
$42,748
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:
Bryan Keller 520 270-1226
Common Form ICR:
No
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:
12/17/2024