[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Notices]
[Pages 67018-67019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24211]


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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 ESA 4(d) Rule Take Exceptions and Exemptions

    The Department of Commerce will submit the following information 
collection request to the Office of Management and Budget (OMB) for 
review and clearance in accordance with the Paperwork Reduction Act of 
1995, on or after the date of publication of this notice. We invite 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. Public comments were previously requested via the 
Federal Register on July 19, 2022 during a 60-day comment period. This 
notice allows for an additional 30 days for public comments.
    Agency: National Marine Fisheries Service (NMFS), Commerce.
    Title: Green Sturgeon ESA 4(d) Rule Take Exceptions and Exemptions.
    OMB Control Number: 0648-0613.
    Form Number(s): None.
    Type of Request: Regular submission (extension of a current 
information collection).
    Number of Respondents: 45.
    Average Hours Per Response: Written notification describing 
research, monitoring, habitat restoration, or emergency fish rescue and 
salvage activities, 40 hours; research applications, 40 hours; 
development of state 4(d) research programs, 40 hours; development of a 
tribal fishery management or fishery management and evaluation plan, 
160 hours; FMEP report, 20 hours; reports, 5 hours.
    Total Annual Burden Hours: 1,510.
    Needs and Uses: The Southern Distinct Population Segment of North 
American green sturgeon (Acipenser medirostris; hereafter, ``Southern 
DPS'') 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.
    Affected Public: Not-for-profit institutions; State, local, or 
Tribal government; Federal government; business or other for-profit 
organizations.
    Frequency: Written notification describing research, monitoring, 
habitat restoration, or emergency fish rescue and salvage activities, 
on occasion; development of fisheries management and evaluation plans, 
state 4(d) research programs, or tribal fishery management plans, on 
occasion; fisheries management and evaluation plan reports, biannually; 
all other reports, annually.
    Respondent's Obligation: Required to Obtain or Retain Benefits.
    Legal Authority: Endangered Species Act.
    This information collection request may be viewed at 
www.reginfo.gov. Follow the instructions to view the Department of 
Commerce collections currently under review by OMB.
    Written comments and recommendations for the proposed information 
collection should be submitted within 30 days of the publication of 
this notice on the following website www.reginfo.gov/public/do/PRAMain. 
Find this particular information collection by selecting ``Currently 
under 30-day Review--Open for Public Comments'' or by using the search 
function and

[[Page 67019]]

entering either the title of the collection or the OMB Control Number 
0648-0613.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2022-24211 Filed 11-4-22; 8:45 am]
BILLING CODE 3510-22-P