[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Pages 43004-43005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15340]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Green Sturgeon 4(d) Rule Take Exceptions and Exemptions

AGENCY: National Oceanic & Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of information collection, request for comment.

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SUMMARY: The Department of Commerce, in accordance with the Paperwork 
Reduction Act of 1995 (PRA), invites the general public and other 
Federal agencies to comment on proposed and continuing information 
collections, which helps us assess the impact of our information 
collection requirements and minimize the public's reporting burden. The 
purpose of this notice is to allow for 60 days of public comment 
preceding submission of the collection to OMB.

DATES: To ensure consideration, comments regarding this proposed 
information collection must be received on or before September 19, 
2022.

ADDRESSES: Interested persons are invited to submit written comments to 
Adrienne Thomas, NOAA PRA Officer, at [email protected]. Please 
reference OMB Control Number 0648-0613 in the subject line of your 
comments. Do not submit Confidential Business Information or otherwise 
sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
specific questions related to collection activities should be directed 
to Susan Wang, Fishery Biologist, NMFS West Coast Region, 501 West 
Ocean Boulevard, Suite 4200, Long Beach, CA 90802, [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    This request is for an extension, without change, of a currently 
approved information collection.
    Section 4(d) of the Endangered Species Act of 1973 (ESA) authorizes 
the Secretary of Commerce to adopt regulations determined to be 
necessary and advisable for the conservation of species listed as 
threatened. Such regulations may include any or all of the prohibitions 
described in section 9(a)(1) of the ESA. As the agency with 
jurisdiction over the Southern Distinct Population Segment of North 
American green sturgeon (Acipenser medirostris; hereafter, ``Southern 
DPS''), the National Oceanic and Atmospheric Administration's (NOAA's) 
National Marine Fisheries Service (NMFS) determined that protective 
regulations (a ``4(d) rule'') are necessary and advisable for the 
conservation of the Southern DPS after it was listed as a threatened 
species in April 2006. Protective regulations under section 4(d) of the 
ESA were promulgated for the species on June 2, 2010 (75 FR 30714) (the 
final ESA 4(d) Rule) and codified at 50 CFR 223.210. To comply with the 
ESA and the protective regulations, entities must obtain take 
authorization prior to engaging in activities involving take of 
Southern DPS fish unless the activity is covered by an exception or 
exemption. ``Take'' is defined as to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture or collect, or to attempt to engage in any 
such conduct. Certain activities described in the ``exceptions'' 
provision of 50 CFR 223.210(b) are not subject to the take prohibitions 
if they adhere to specific criteria and reporting requirements. Under 
the ``exemption'' provision of 50 CFR 223.210(c), the take prohibitions 
do not apply to scientific research, scientific monitoring, and 
fisheries activities conducted under an approved 4(d) program or plan; 
similarly, take prohibitions do not apply to tribal resource management 
activities conducted under a Tribal Plan for which the requisite 
determinations described in 50 CFR 223.210(c)(3) have been made.
    To ensure that activities qualify under exceptions to or exemptions 
from the take prohibitions, local, state, and federal agencies, non-
governmental organizations, academic researchers, and private 
organizations are asked to voluntarily submit detailed information 
regarding their activity on a schedule to be determined by National 
Marine Fisheries Service (NMFS) staff. This information is used by NMFS 
to (1) track the number of Southern DPS fish taken as a result of each 
action; (2) understand and evaluate the cumulative effects of each 
action on the Southern DPS; and (3) determine whether additional 
protections are needed for the species, or whether additional 
exceptions may be warranted. NMFS designed the criteria to ensure that 
plans meeting the criteria would adequately limit effects on threatened 
Southern DPS fish, such that additional protections in the form of a 
federal take prohibition would not be necessary and advisable.

[[Page 43005]]

II. Method of Collection

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

III. Data

    OMB Control Number: 0648-0613.
    Form Number(s): None.
    Type of Review: Regular submission (extension of a currently 
approved collection).
    Affected Public: Not-for-profit institutions; State, Local, or 
Tribal government; Federal government; business or other for-profit 
organizations.
    Estimated Number of Respondents: 58.
    Estimated Time per Response: Written notification describing 
research, monitoring or habitat restoration activities, 40 hours; 
development of fisheries management and evaluation plans or state 4(d) 
research programs, 40 hours; reports, 5 hours; development of a tribal 
fishery management plan, 20 hours.
    Estimated Total Annual Burden Hours: 1,760.
    Estimated Total Annual Cost to Public: $200.
    Respondent's Obligation: Required to Obtain or Retain Benefits.
    Legal Authority: Endangered Species Act.

IV. Request for Comments

    We are soliciting public comments to permit the Department/Bureau 
to: (a) Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department, including whether 
the information will have practical utility; (b) Evaluate the accuracy 
of our estimate of the time and cost burden for this proposed 
collection, including the validity of the methodology and assumptions 
used; (c) Evaluate ways to enhance the quality, utility, and clarity of 
the information to be collected; and (d) Minimize the reporting burden 
on those who are to respond, including the use of automated collection 
techniques or other forms of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this ICR. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you may ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2022-15340 Filed 7-18-22; 8:45 am]
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