NMFS Observer Programs’ Information That Can Be Gathered Only Through Questions

Forms and Documents

Document Name	Status
Southeast Pelagic Observer Program Form and Instruction	New
Pacific Islands Region Observer Program Form and Instruction	New
Alaska Marine Mammal Observer program Form and Instruction	New
Northeast Fisheries Observer Program (forms all/mostly completed by fishermen at end) Form	New
OPIT ss 071009rev Part B.pdf Supporting Statement B	2009-08-03
OPIT ss 071009rev PART A.pdf Supporting Statement A	2009-08-03
OPIT ATT C - summary of sampling methods.pdf Supplementary Document	2009-08-03
OPT_ATT B_Questions that need PRA clearance.pdf Supplementary Document	2009-07-10
OPIT_ATT A_PFMC groundfish plan.pdf Supplementary Document	2009-07-10
OPIT_memo explaining violation.pdf Supplementary Document	2009-07-10

IC Document Collections

IC ID	Document Title	Status
189859	Southwest Region Observer Program - currently unfunded but requesting burden approval Other-PRA statement	New
189855	Southwest Region Observer Program - Funded Other-PRA statement	New
189854	Gulf of Mexico Reef Fish and Shrimp Observer Program Instruction	New
189853	Southeast Pelagic Observer Program Form and Instruction	New
189852	Southeast Shark Fishery Observer Program Instruction	New
189851	Pacific Islands Region Observer Program Form and Instruction	New
189850	WCGOP: West Coast Groundfish Observer Program Instruction	New
189842	At-Sea Hake Observer Program (Northwest) Other-PRA statement	New
189838	Alaska Marine Mammal Observer program Form and Instruction	New
189835	North Pacific Groundfish Observer Program Other-PRA statement	New
189834	Northeast Fisheries Observer Program (forms all/mostly completed by fishermen at end) Form	New

ICR Details

OMB Control No: 0648-0593	ICR Reference No: 200907-0648-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: NMFS Observer Programs’ Information That Can Be Gathered Only Through Questions
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/17/2009
	Date Received in OIRA: 08/03/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2012	36 Months From Approved
Responses	13,927	0	0
Time Burden (Hours)	17,455	0	0
Cost Burden (Dollars)	1,000	0	0

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Abstract: National Marine Fisheries Service (NMFS) observer programs provide the only reliable and/or most effective method for obtaining information that is critical for the conservation and management of living marine resources. Most of the information collected by the observer programs is obtained through direct observations or through non-standardized oral communication in connection with such direct observations; and such collections generally do not require a Paperwork Reduction |Act (PRA) clearance. There was confusion on National Oceanic and Atmospheric Administration (NOAA)'s part as to whether the NMFS observer programs were essentially exempt from the requirements of the PRA for all of their information collections. After a recent review of this issue, NOAA and Department of Commerce (DOC) General Counsels agreed that only information obtained through direct observations or through non-standardized oral communication in connection with such direct observations is currently definitionally excluded by the PRA and NOAA should seek PRA clearance for observer information collections that require such a clearance and should seek Office of Management and Budget (OMB) approval under normal procedures as quickly as possible. This request is for the current non-exempt information collections in which information is collected principally by asking fishing vessel permit holders, captains, and crew questions concerning the operations of their fishing vessels and by asking fish processing plant managers and staff very limited plant operation questions.

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Authorizing Statute(s): PL: Pub.L. 94 - 265 303 Name of Law: Magnuson-Stevens Fishery Conservation and Management Act
   US Code: 16 USC 1531-1544 Name of Law: Endangered Species Act of 1973
   US Code: 16 USC 31 Name of Law: Marine Mammal Protection Act of 1972
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 9387	03/04/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 38393	08/03/2009
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 11

IC Title	Form No.	Form Name
Southwest Region Observer Program - Funded	NA, NA	Safety checklist ,   Drift gillnet trip expenditure form
Northeast Fisheries Observer Program (forms all/mostly completed by fishermen at end)	NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA, NA	Beach Sein Gear/Beach Anchored Gillnet Gear Characteristics ,   Beach seine/beach anchored gillnet haul log ,   Carch composition log ,   Catch Estimation Worksheet ,   Clam/quohog dredge gear characteristics log ,   Clam/Quahog Dredge Haul Log ,   Clam/Quohog dredge off-watch haul log ,   Crustacean Sample Log ,   Gillnet Characteristics Log ,   Gillnet haul log ,   Individual Animal Log ,   Length Frequency Log ,   Lobster, crab and fish pot gear characteristics ,   Lobster, crab and fish pot haul log ,   Longline gear characteristics log ,   Longline haul log ,   Marine mammal biological sample log ,   Marine mammal/sea turtle/sea bird incidental take log ,   Pair and single midwater gear characteristics log ,   Pair and single midwater haul log ,   Protected species sighting log ,   Purse seine gear characteristics log ,   Purse Seine Set Log ,   Scallop dredge gear characteristics log ,   Scallop dredge haul log ,   Scallop dredge off-watch haul log ,   Scallop trawl gear characteristics log ,   Scallop trawl haul log ,   Scallop trawl off-watch haul log ,   Sea turtle biological sample log ,   Trawl gear characteristics log ,   Trawl haul log ,   Twin trawl haul log ,   Data release form ,   Fishermen's Comment Card ,   Fishermen's Comment Log ,   NEFOP captain interview form ,   Pre-Deployment Safety Checklist ,   Safety checklist ,   Vessel and Trip Information Log ,   Vessel reimbursement form
North Pacific Groundfish Observer Program	NA, NA, NA, NA	Vessel/Plant Operator Comment Form ,   Vessel/Plant Operator Comment Card Follow-up Form ,   Safety checklist ,   Tagged Fish and Crab Form
At-Sea Hake Observer Program (Northwest)	NA, NA	Safety checklist ,   Fishermen's Data Request Form
WCGOP: West Coast Groundfish Observer Program	NA, NA	Safety checklist ,   Fishermen's data request form
Gulf of Mexico Reef Fish and Shrimp Observer Program	NA, NA, NA, NA	Observer notification form_reef fish ,   Observer notification form_shripm ,   Reef fish and shrimp safety checklist ,   Reef fish and shrimp observer evaluation form
Pacific Islands Region Observer Program	NA, NA, NA, NA, NA	Placement meeting questions and checklist ,   Post cruise observer evaluation ,   Longline Gear Configuration ,   Longline trip expenditures for American Samoa ,   Longline trip expenditures for Hawaiian Islands
Southwest Region Observer Program - currently unfunded but requesting burden approval	NA, NA	Safety checklist ,   Drift gillnet trip expense form
Southeast Shark Fishery Observer Program	NA, NA, NA, NA	Observer notification form ,   Safety checklist ,   Reimbursement form ,   Observer evaluation form
Alaska Marine Mammal Observer program	NA, NA	Fishermen's comment card ,   Data release form
Southeast Pelagic Observer Program	NA, NA, NA, NA, NA, NA	Reimbursement for for assistance with bluefin tuna samplin ,   Observer Notification Form ,   Safety checklist ,   Observer evaluation form ,   Reimbursement for equipment expenses ,   Reimbursement for insurance expenses

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ICR Summary of Burden

	Total Approved	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	13,927	0	0	13,927	0	0
Annual Time Burden (Hours)	17,455	0	0	17,455	0	0
Annual Cost Burden (Dollars)	1,000	0	0	1,000	0	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This is a new program.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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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: 08/03/2009

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