Fishery Products Subject to Trade Restrictions Pursuant to Certification Under the High Seas Driftnet Fishing (HSDF) Moratorium Protection Act

Forms and Documents

Document Name	Status
Supporting Statement A 0648-BK86.docx Supporting Statement A	2024-12-17
Magnuson-Stevens Fishery Conservation and Management Act - 2007 Blue Book.pdf Supplementary Document	2024-12-17
50 CFR Part 600.pdf Supplementary Document	2024-12-17
50 CFR Part 635 (up to date as of 12-13-2024).pdf Supplementary Document	2024-12-17
50 CFR Part 216 (up to date as of 12-13-2024).pdf Supplementary Document	2024-12-17
50 CFR Part 300 Subpart N.pdf Supplementary Document	2024-12-17
Atlantic Tunas Convention Act (ATCA).pdf Supplementary Document	2024-12-17
Marine Mammal Protection Act (16 U.S.C. 1361 et seq.; MMPA).pdf Supplementary Document	2024-12-17
High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act).pdf Supplementary Document	2024-12-17

IC Document Collections

IC ID	Document Title	Status
273102	Verification Response	New
273101	International Fisheries Trade Permit Application Other-Screenshot: IFTP Homepage	New
273099	Post-release Submission to the ACE/DIS	New
200764	Completion/Submission of COA Fish Harvest Record Form & Data Set Instruction	Modified

ICR Details

OMB Control No: 0648-0651	ICR Reference No: 202412-0648-008
Status: Received in OIRA	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	Date Submitted to OIRA: 12/17/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2025
Responses	10,600	5,000
Time Burden (Hours)	2,616	835
Cost Burden (Dollars)	24,900	33,800

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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.

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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

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0648-BK86	Proposed rulemaking	89 FR 102091	12/17/2024

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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: 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

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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	10,600	5,000	0	5,600	0	0
Annual Time Burden (Hours)	2,616	835	0	1,116	665	0
Annual Cost Burden (Dollars)	24,900	33,800	0	4,900	-13,800	0

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.

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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

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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: 12/17/2024

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