WACDII ss 062310rev

SUPPORTING STATEMENT
WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA (CDQ) PROGRAM II
OMB CONTROL NO. 0648-xxxx

This action is request for a temporary new collection-of-information to implement MagnusonStevens Act amendments by the United States Coast Guard (USCG) Act through a proposed and
final rule (RIN No. 0648-AV33). This collection will be combined with the Office of
Management and Budget (OMB) Control No. 0648-0269 collection after renewal is approved.
National Marine Fisheries Service (NMFS) manages the groundfish fisheries in the exclusive
economic zone (EEZ) off Alaska. The North Pacific Fishery Management Council (Council)
prepared the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands
(BSAI) Management Area (FMP) under the authority of the Magnuson-Stevens Fishery
Conservation & Management Act (16 U.S.C. 1801 et seq.) as amended in 2006. Regulations
implementing the FMP appear at 50 CFR part 679.
The Western Alaska Community Development Quota (CDQ) Program is an economic
development program implemented under the Magnuson-Stevens Act and the FMP. The
purposes of the Program are to provide western Alaska communities the opportunity to
participate and invest in BSAI fisheries, to support economic development in western Alaska, to
alleviate poverty and provide economic and social benefits for residents of western Alaska, and
to achieve sustainable and diversified local economies in western Alaska.
Section 305(i)(1) of the Magnuson-Stevens Act was amended on July 11, 2006, by the Coast
Guard and Maritime Transportation Act (USCG Act). These amendments replaced much of the
existing language with new language. The new requirements in section 305(i)(1) address all
aspects of management and oversight of the CDQ Program including: the purpose of the CDQ
Program; allocations of groundfish, halibut, and crab to the program; allocations of program
allocations among the CDQ entities; management of the CDQ fisheries; which communities may
participate in the program; eligibility criteria for participation in the program; limits on allowable
investments; the creation of a CDQ administrative panel; compliance with State reporting
requirements; a decennial review and allocation adjustment process; and other features of
program administration and oversight by the State and NMFS. Most of the new CDQ Program
requirements in the Magnuson-Stevens Act must be implemented through revisions to federal
regulations at 50 CFR parts 679 and 680.

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A. JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary.
The USCG Act made certain changes to the Magnuson-Stevens Act in 2006 which caused the
removal of regulations at 50 CFR part 679 that formerly provided Federal government oversight
of how the CDQ entities used the CDQ allocations to provide benefits to the eligible
communities. New regulations defining the role of the Federal government in oversight of the
CDQ Program, consistent with the new requirements of the Magnuson-Stevens Act, are being
developed and will be implemented through a proposed rule (RIN: 0648-AV33). Removal of
the CDQ Program regulations caused a similar removal of requirements from this PRA
collection.
2. Explain how, by whom, how frequently, and for what purpose the information will be
used. If the information collected will be disseminated to the public or used to support
information that will be disseminated to the public, then explain how the collection
complies with applicable NOAA Information Quality Guidelines.
The regulation of CDQ harvest is directly addressed in the Magnuson-Stevens Act at section
305(i)(1)(B)(iv). This paragraph states:
The harvest of allocations under the program for fisheries with individual quotas
or fishing cooperatives shall be regulated by the Secretary in a manner no more
restrictive than for other participants in the applicable sector, including with
respect to the harvest of non-target species.
NMFS interprets the statement “in a manner no more restrictive than for other participants in the
applicable sector” from the Magnuson-Stevens Act to mean that the fishery management
regulations associated with regulating the harvest of CDQ allocations should be no more costly,
complex, or burdensome than those that apply to comparable non-CDQ sectors managed under
individual fishing quotas or cooperative allocations.
The following is an overview of the proposed revisions to CDQ fisheries management
regulations.
♦ Add definitions of “sablefish CDQ fishing” and “pollock CDQ fishing” to provide a basis
for establishing which fishery-specific regulations a vessel operator must comply with
when participating in a particular CDQ fishery. The terms “halibut CDQ fishing” and
“groundfish CDQ fishing” already are defined in regulation, but would be revised under
this proposed rule.
♦ Exclude sablefish CDQ from the definition of “license limitation groundfish,” which
would, in turn, exempt vessel operators from the requirement to have a License
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Limitation Program (LLP) groundfish license while fishing for sablefish CDQ under the
CDQ Program. This would be consistent with the exemption allowed for vessels fishing
for sablefish IFQ.
♦ Revise CDQ catch monitoring and accounting requirements for the halibut, sablefish, and
pollock CDQ fisheries to incorporate other applicable changes, which includes
eliminating requirements that groundfish bycatch be retained for full catch accounting of
all species caught by catcher vessels targeting halibut, sablefish, or pollock CDQ.
♦ Revise regulations to align observer coverage requirements for the sablefish CDQ, halibut
CDQ, and pollock CDQ fisheries with comparable non-CDQ fisheries.
Only quota transfers, alternative fishing plan, and prior notice to observers are included in this
collection. The collection of data necessary to monitor CDQ Program quotas will be
accomplished through the existing eLandings system (OMB Control No. 0648-0515) and other
groundfish reporting regulations (OMB Control No. 0648-0213).
a. CDQ or PSQ transfer request (currently approved under OMB Control No. 0648-0269,
will be merged after this request and the OMB Control No. 0648-0269 renewal are
approved)
The transfer process is an in-season management function of NMFS. NMFS will not approve
transfers to cover overages of CDQ or PSQ. CDQ groups may transfer groundfish CDQ, halibut
CDQ, or Prohibited Species Quota (PSQ) from one group to another by each group submitting a
transfer request directly to NMFS, unless submitting on line (see below). The transfer of either
CDQ or PSQ may occur during any month of the year and either may be transferred without the
other. A CDQ group may transfer all or part of its annual CDQ or PSQ to another group for
several reasons, including but not limited to:
♦ Changes in, or the non-availability of, a group’s harvesting partner;
♦ Length of a particular non-CDQ fishery season;
♦ Availability of a given target species; and
♦ Weather or seasonal conditions impacting smaller vessels
In order for an inter-CDQ group transfer to be approved, both parties must be already established
and recognized by NMFS as a CDQ group prior to the transfer. CDQ groups may transfer
groundfish CDQ, halibut CDQ, and PSQ online from one CDQ group to another, instead of each
group submitting a transfer request directly to NMFS. Rather than NMFS reviewing each
request prior to transfer to ensure that the group providing CDQ has adequate quota available to
transfer, this check would be done automatically by NMFS’ catch accounting system. The CDQ
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or PSQ would be transferred as of the date NMFS approves the transfer request. Transfers will
continue to be effective only for the remainder of the calendar year in which a transfer occurs.
Six CDQ groups are in the CDQ Program, and all six have the hardware and software to
accomplish online transfers. Industry requested the option to submit transfer requests
electronically in order to react quickly to changing conditions and to realize harvesting
efficiencies. When using the online submittal method, the respondent must enter the NMFS
Person ID, password, and Transfer Key, previously provided by NMFS, instead of name, address,
telephone number, fax number, and email address. These three pieces of information are
provided by NMFS after an applicant is approved for participation in the CDQ Program. A paper
or electronic request form must be completed with all information fields accurately filled in by
transferors and transferees, and all required additional documentation must be attached.
a. CDQ or PSQ transfer request
Transferring CDQ group information.
Name or initials and CDQ group number.
CDQ representative
Telephone number
Fax number
e-mail address
Name and signature
Certification of transferor
Non-electronic submittal
Transferor's designated representative signature and date signed
Electronic submittal
Transferor's designated representative must log into the system and create a transfer request as indicated on
the computer screen.
By using the transferor's NMFS ID, password, and Transfer Key and submitting the transfer request, the
designated representative certifies that all information is true, correct, and complete
Receiving CDQ group information
Name or initials and CDQ group number
CDQ representative
Telephone number
Fax number
e-mail address
Name and signature
Certification of transferee
Non-electronic submittal
Transferee's designated representative signature and date signed.
Electronic submittal
Transferee's designated representative must log into the system and create a transfer request as indicated on
the computer screen.
By using the transferee's NMFS ID, password, and Transfer Key and submitting the transfer request, the
designated representative certifies that all information is true, correct, and complete.
CDQ amount transferred.
Species name or species category
Area
Amount
For groundfish and halibut, specify transfer amounts in metric tons
For crab and salmon, specify transfer amounts in numbers of animals.

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PSQ amount transferred.
Species name or species category
Crab Zone
Number of animals or metric tons
For crab and salmon, specify transfer amounts in number of animals
For halibut, specify the amount in metric tons.
Transfer year
CDQ or PSQ transfer request, Respondent
Number of respondents
Total annual responses
Frequency of response = 8
Total burden hours (11.75)
Electronic response = 15/60 = 0.25 hr x 47
Total personnel cost ($25 x 12 hr)
Personnel cost = $25/hr
Total miscellaneous costs (2.40)
Online (0.05 x 48)
CDQ or PSQ transfer request, Federal Government
Total annual responses
Total burden hours (15.84)
Time per response (20 minutes/60) = 0.33 hr
Total personnel cost ($25 x 16)
Personnel cost = $25/hr
Total miscellaneous cost

6
48
12 hr

$300
$2

48
16 hr
$400
0

b. Alternative fishing plan (currently approved under OMB Control No. 0648-0269, will
be merged after this request and the OMB Control No. 0648-0269 renewal are
approved)
A CDQ group may propose the use of an alternative method for verification of CDQ and PSQ
catch by submitting an alternative fishing plan. NMFS will review the alternative fishing plan
and approve it or notify the qualified applicant in writing if the proposed alternative does not
meet the requirements.
♦ The alternative proposed must provide equivalent or better estimates than use of the
NMFS standard data source would provide and the estimates must be independently
verifiable.
♦ Each haul or set on an observed vessel must be able to be sampled by an observer for
species composition.
♦ Any proposal to sort catch before it is weighed must ensure that the sorting and weighing
process will be monitored by an observer.

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♦ The time required for the level 2 observer 1 to complete sampling, data recording, and data
communication duties must not exceed 12 hours in each 24-hour period and the level 2
observer must not be required to sample more than 9 hours in each 24-hour period.
NMFS will not approve an alternative fishing plan that would require the observer to
divide a 12-hour shift into shifts of less than 6 hours.
The CDQ group must provide a copy of the approved alternative fishing plan to the operator of
the approved vessel. A copy of the NMFS-approved alternative fishing plan must be maintained
onboard the vessel at all times while it is operating under the alternative fishing plan.
Alternative fishing plans are valid for the remainder of the calendar year in which they are
approved. Alternatives to the requirement for a certified scale or an observer sampling station
will not be approved.
Alternate fishing plan, Respondent
Number of respondents
Total annual responses
Frequency of response = 2
Total burden hours (12 x 4 hr)
Time per response = 4 hr
Total personnel cost ($25 x 48 hr)
Personnel cost = $25/hr
Total miscellaneous costs (60.60)
FAX ($5/page x 12 x 1 pg = 60)
Photocopies (0.05 x 1 pg x 12 = 0.60)
Alternate fishing plan, Federal Government
Total annual responses
Total burden hours (12 x 0.5 = 6.0)
Time per response (30minutes/60) = 0.5 hr
Total personnel cost ($25 x 6)
Personnel cost = $25/hr
Total miscellaneous cost

6
12
48 hr
$1,200
$61

12
6 hr
$150
0

c. Prior notice to the Observers in Shoreside Plants (currently approved under OMB
Control No. 0648-0269, will be merged after this request and the OMB Control No.
0648-0269 renewal are approved)
The manager of each shoreside processor or stationary floating processor that is required to have
a CDQ observer must notify the level 2 observer of the offloading schedule of each CDQ
delivery at least 1 hour prior to offloading. This notification would provide the level 2 observer
an opportunity to monitor the sorting and weighing of the entire delivery. This notice typically
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A certified observer may obtain a Level 2 endorsement to their certification. A Level 2 endorsement is required for
purposes of performing observer duties aboard vessels or stationary floating processors or at shoreside processors
participating in the CDQ or AFA fisheries. An observer who has achieved a Level 2 endorsement to their observer
certification may additionally receive a Level 2 “lead” observer endorsement

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consists of plant personnel verbally informing the observer that an incoming vessel will make a
CDQ delivery.
Prior Notice to Observer Shoreside, Respondent
Number of respondents
Total annual responses (4 x 14)
Frequency of response = 14
Total burden hours (1.68)
Time per response (2 minutes/60) = 0.03 hr
Total personnel cost
Personnel cost = $25/hr
Total miscellaneous cost

4
56
2 hr
$50
0

Prior Notice to Observer Shoreside, Federal Government
Total responses
0
Total burden hours
0
Total personnel cost
0
Total miscellaneous cost
0

d. Prior notice to Observers of CDQ Delivery on Vessels (currently approved under
OMB Control No. 0648-0269, will be merged after this request and the OMB Control
No. 0648-0269 renewal are approved)
For catcher/processors, motherships, and catcher vessels required to have a CDQ observer, each
vessel operator must notify the level 2 observer(s) before CDQ catch is brought on board the
vessel. In addition, the operator must provide the CDQ group and CDQ number associated with
the CDQ catch to the level 2 observer(s). This notice consists of vessel personnel verbally
informing the observer that an incoming haul is a CDQ haul.
Prior notice to Observers on Vessels, Respondent
Number of respondents
Total annual responses (83 x 56)
Frequency of response = 56
Total burden hours (154.94)
Time per response 2 minutes/60)
Total personnel cost ($25 x 155 hr)
Personnel cost = $25/hr
Total miscellaneous cost

83
4,648
155 hr
$3,875

Prior notice to Observers on Vessels, Federal Government
Total responses
Total burden hours
Total personnel cost
Total miscellaneous cost

7

0

0
0
0
0

It is anticipated that the information collected will be disseminated to the public or used to
support publicly disseminated information. As explained in the preceding paragraphs, the
information gathered has utility. NOAA Fisheries 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 response to Question 10 of
this Supporting Statement for more information on confidentiality and privacy. The 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 predissemination review pursuant to Section 515 of Public Law 106-554.
3. Describe whether, and to what extent, the collection of information involves the use of
automated, electronic, mechanical, or other technological techniques or other forms of
information technology.
All CDQ forms with instructions are available in a fillable format on the NMFS Alaska Region
website at http://www.alaskafisheries.noaa.gov, from which the public may download copies of
current forms. The quota transfers may be submitted online in order for respondents to react
quickly to changing conditions and to realize harvesting efficiencies. The exact Web site,
https://alaskafisheries.noaa.gov/webapps/coopaccounts/Login, must be requested the first time an
applicant uses it; it is not visible to the general public.
4. Describe efforts to identify duplication.
No duplication exists with other information collections.
5. If the collection of information involves small businesses or other small entities, describe
the methods used to minimize burden.
The collection-of-information does not impose a significant impact on small entities. The only
small entities that are directly regulated by this action are the six CDQ groups, and they are not
significantly impacted.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
If most of the PRA requirements related to OMB Control No. 0648-0269 were not removed, in
response to amendments that replaced all of the existing language in regulations, there would be
great confusion.
7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
No inconsistencies occur in this collection.
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8. Provide Information on the PRA Federal Register Notice that solicited public comments
on the information collection prior to this submission. Summarize the public comments
received in response to that notice and describe the actions taken by the agency in response
to those comments. Describe the efforts to consult with persons outside the agency to
obtain their views on the availability of data, frequency of collection, the clarity of
instructions and recordkeeping, disclosure, or reporting format (if any), and on the data
elements to be recorded, disclosed, or reported.
The NMFS Alaska Region will submit a proposed rule, RIN 0648-AV33, coincident with this
submission, requesting comments from the public.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
No payment or gift will be provided under this program.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
As stated on the transfer form and in the regulations, the information collected 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 and attitudes, religious beliefs, and other matters that are commonly considered
private.
This information collection does not involve information of a sensitive nature. All information
collected is part of a system of records: NOAA #19, notice published June 11, 2008
(73 FR 20914).
12. Provide an estimate in hours of the burden of the collection of information.
Estimated total unique respondents: 93. Estimated total responses: 4,764. Estimated total
burden: 217 hours. Estimated total personnel cost: $5,425, based on the average wage
equivalent to a GS-9 employee in Alaska, including COLA, $25 per hour.

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13. Provide an estimate of the total annual cost burden to the respondents or recordkeepers resulting from the collection (excluding the value of the burden hours in Question
12 above).
Estimated total miscellaneous costs are $63.
14. Provide estimates of annualized cost to the Federal government.
Estimated total responses: 4,764. Estimated total burden: 22 hours. Estimated total personnel
cost: $550, based on the average wage equivalent to a GS-9 employee in Alaska, including
COLA, $25 per hour. Estimated total miscellaneous cost: $0.
15. Explain the reasons for any program changes or adjustments.
This is a new collection.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
No plans for publication exist.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons why display would be inappropriate.
NA.
18. Explain each exception to the certification.
NA.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection does not employ statistical methods.

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