Southwest Region Observer Program - currently unfunded but requesting burden approval

PAPERWORK REDUCTION ACT STATEMENT: Information collected through the
observer program will be used to: (1) monitor catch and bycatch; (2) understand the
population status and trends of fish stocks and protected species, as well as the
interactions between them; (3) determine the quantity and distribution of net benefits
derived from living marine resources; (4) predict the biological, ecological, and economic
impacts of existing management actions and proposed management options; and (5)
ensure that the observer programs can safely and efficiently collect the information
required for the previous four uses. In particular, the observer program provides
information that is used in analyses that support the conservation and management of
living marine resources and that are required under the Magnuson-Stevens Fishery
Conservation and Management Act (MSA), the Endangered Species Act (ESA), the
Marine Mammal Protection Act (MMPA), the National Environmental Policy Act
(NEPA), the Regulatory Flexibility Act (RFA), Executive Order 12866 (EO 12866), and
other applicable law. Most of the information collected by observers is obtained through
“direct observation by an employee or agent of the sponsoring agency or through nonstandardized oral communication in connection with such direct observations". Under
the Paperwork Reduction Act (PRA) regulations at 5 C.F.R. 1320.3(h)(3), facts or
opinions obtained through such observations and communications are not considered to
be "information" subject to the PRA. The public reporting burden for responding to the
questions that observers ask and that are subject to the PRA is estimated to average 60
minutes per trip, including the time for hearing and understanding the questions,
searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this
burden estimate or any other aspect of this collection of information, including
suggestions for reducing this burden, to: National Marine Fisheries Service, 501 W.
Ocean Blvd. #4200, Long Beach, CA 90802. Providing the requested safety information
is mandatory under regulations at 50 C.F.R. 600.746; however, providing the other
requested information is voluntary. All information collected by observers will be kept
confidential as required under Section 402(b) of the MSA (18 U.S.C. 1881a(b)) and
regulations at 50 C.F.R. Part 600, Subpart E, or as required under Section 118(d)(8) of
the MMPA (16 U.S.C. 1387(d)(8)) and regulations at 50 C.F.R. Part 229, Subpart A.
Notwithstanding any other provision of the law, no person is required to respond to, nor
shall any person be subject to a penalty for failure to comply with a collection of
information subject to the requirements of the Paperwork Reduction Act, unless that
collection of information displays a currently valid OMB Control Number.
OMB Control No. 0648-xxxx
Expires xx/xx/2012