[Federal Register Volume 76, Number 7 (Tuesday, January 11, 2011)]
[Notices]
[Pages 1602-1603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-275]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Proposed Information Collection; Comment Request; Scientific 
Research, Exempted Fishing, and Exempted Activity Submissions

AGENCY: National Oceanic and Atmospheric Administration (NOAA).

ACTION: Notice.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before March 14, 2011.

ADDRESSES: Direct all written comments to Diana Hynek, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Jackie Wilson, (240) 338-3936 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    Exempted Fishing Permits (EFPs), Scientific Research Permits 
(SRPs), Display Permits, Letters of Acknowledgment (LOAs), and Shark 
Research Permits are issued under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Reauthorization Act (Magnuson-
Stevens Act) (16 U.S.C. 1801 et seq.) and/or the

[[Page 1603]]

Atlantic Tunas Convention Act (ATCA) (16 U.S.C. 971 et seq.). Issuance 
of EFPs and related permits are necessary for the collection of Highly 
Migratory Species (HMS) for public display and scientific research that 
is exempt from regulations (e.g., seasons, prohibited species, 
authorized gear, and minimum sizes) that may prohibit the collection of 
live animals or biological samples. A Display Permit is issued for the 
collection of HMS for the purpose of public display whereas a Shark 
Research Permit allows the National Marine Fisheries Service (NMFS) and 
commercial shark fishermen to conduct cooperative research to collect 
fishery-dependent data for management of the Atlantic shark fishery.
    The regulations at 50 CFR 600.745 and 50 CFR 635.32 govern 
scientific research activity, exempted fishing, and exempted 
educational activities with respect to Atlantic HMS. Since the 
Magnuson-Stevens Act does not consider scientific research to be 
``fishing,'' scientific research is exempt from this statute, and NMFS 
does not issue EFPs for bona fide research activities (e.g., research 
conducted from a research vessel and not a commercial or recreational 
fishing vessel) involving species that are regulated only under the 
Magnuson-Stevens Act (e.g., most species of sharks) and not under ATCA. 
NMFS requests copies of scientific research plans for these activities 
and indicates concurrence by issuing a LOA to researchers to indicate 
that the proposed activity meets the definition of research and is 
therefore exempt from regulation.
    Scientific research is not exempt from regulation under ATCA. NMFS 
issues SRPs for collection of species managed under this statute (e.g., 
tunas, swordfish, billfish), which authorize researchers to collect HMS 
from bona fide research vessels (e.g., NMFS or university research 
vessel.) NMFS will issue an EFP when research/collection involving 
Atlantic tunas, swordfish, and billfishes occurs from commercial or 
recreational fishing platforms.
    To regulate these fishing activities, NMFS needs information to 
determine the justification of granting an EFP, LOA, SRP, Display or 
Shark Research Permit. The application requirements are detailed at 50 
CFR 600.745(b)(2). Interim, annual and no-catch/fishing reports must 
also be submitted to the HMS Management Division within NMFS. The 
authority for the HMS Management Division for requiring this 
information is found at 50 CFR 635.32(a).

II. Method of Collection

    Respondents have a choice of either electronic or paper forms. 
Methods of submittal include e-mail of electronic forms, mail and 
facsimile transmission of paper forms.

III. Data

    OMB Control Number: 0648-0471.
    Form Number: None.
    Type of Review: Regular submission (extension of a currently 
approved collection).
    Affected Public: Non-profit institutions; State, local, or tribal 
government; business or other for-profit organizations.
    Estimated Number of Respondents: 75.
    Estimated Time Per Response: 2 hours for a scientific research 
plan; 40 minutes for an application for an EFP, Display Permit, SRP, 
Shark Research Permit or LOA for HMS; 1 hour for an interim report; 40 
minutes for an annual fishing report; 15 minutes for an application for 
an amendment; 5 minutes for notification of departure phone calls to 
NMFS Enforcement; 2 minutes for ``no-catch'' reports; and 2 minutes for 
tag applications.
    Estimated Total Annual Burden Hours: 236.
    Estimated Total Annual Cost to Public: $119 in recordkeeping/
reporting costs.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: January 5, 2011.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2011-275 Filed 1-10-11; 8:45 am]
BILLING CODE 3510-22-P