[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Pages 9252-9253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02926]


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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; Atlantic Large Whale Take Reduction Plan Regulations

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 April 14, 2023.

ADDRESSES: Interested persons are invited to submit written comments to 
Adrienne Thomas, NOAA PRA Officer, at [email protected]. Please 
reference OMB Control Number 0648-0364 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 Dr. Marisa Trego, Atlantic Large Whale Take Reduction Team 
Coordinator, Greater Atlantic Regional Fisheries Office, 55 Great 
Republic Drive, Gloucester, MA 01970, (978) 282-8484, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    This request is for extension of a current information collection. 
In 1996, pursuant to section 118 of the MMPA, the National Marine 
Fisheries Service (NMFS) established and convened an Atlantic Large 
Whale Take Reduction Team (Team) to assist in the development of the 
Atlantic Large Whale Take Reduction Plan (Plan). Throughout this 
process, the Team has provided NMFS with recommended measures designed 
to reduce mortality and serious injury to North Atlantic right 
(Eubalaena glacialis), humpback (Megaptera novaeangliae), minke 
(Balaenoptera acutorostrata), and fin (Balaenoptera physalus) whales 
from incidental interactions with commercial fishing gear. To gather 
information on where entanglements are occurring and what type of gear 
is involved, the Team developed gear marking requirements. As a result, 
any person setting trap/pot or gillnet gear to fish commercially in 
some areas of the Atlantic Ocean are required to paint or otherwise 
mark their gear with specific color codes, designating the type of gear 
and area where it is set, in addition to specific buoy marking 
requirements.
    NMFS is continuing the gear marking regulations amended in the 2021 
rule for the Northeast Region Trap/Pot Management Area (northeast 
region) commercial trap/pot fisheries because increased gear marking 
continues to be necessary to improve our understanding of where 
entanglement incidents occur (RIN 648-BJ09). The gear modifications 
required by the rule became effective May 1, 2022, which is at the 
start of the American lobster/Jonah crab fishing year.
    The continuation of this data collection allows for improved 
information on entanglement origins that will further enable NMFS to 
reduce injuries and deaths of large whales, especially North Atlantic 
right whales, due to incidental entanglement in United States 
commercial fishing gear. In order to develop fair and effective 
management measures, the Team requires comprehensive data on when, 
where, and how fixed gear vessels fish, and where whales become 
entangled in fishing gear.
    The 2021 rule modified gear marking requirements by establishing a 
state-specific color for Maine (purple), New Hampshire (yellow), 
Massachusetts (red), and Rhode Island (silver/gray) on buoy lines used 
in the lobster and Jonah crab trap/pot fishery, except those fishing in 
LMA 3 which retains black as the primary gear mark color. For ropeless 
fishing operations working under EFPs or state authorizations, gear

[[Page 9253]]

marking is likely to be recommended as a permit condition for any 
stored buoy line that is retrieved remotely, and that unique color 
combination is anticipated to be defined in future rule making. All 
lobster and Jonah crab trap/pot vessels in the Northeast Region are 
required to include a 3-foot (0.9-meter (m)) solid mark within the 
surface system using paint or tape, at least three 1-foot state 
specific marks (in the top, middle and bottom of the buoy line), and at 
least four 1-foot (0.3-m) green marks (no marking convention defined; 
tape, paint, twine, etc.) within 6 inches (15.24 centimeters (cm)) of 
each area-specific gear mark to distinguish state from Federal waters 
or, in the case of LMA 3 vessels, to distinguish Northeast Region 
vessels from vessels fishing in the southern and western LMA 3 waters. 
Gear marks are all required to be 1-foot (0.3-m) long or greater when 
installed to distinguish them from Canadian marks, which currently are 
required to be at least 6 inches (15.24 cm) in length. The term 
``state'' refers to the state associated with the vessel's principal 
port as declared on state and Federal permits. A principal port is 
considered the city and state where the majority of landings occur. 
Although more than 90 percent of lobster and Jonah crab Federal permit 
holders identify the same state as their principal port, mailing 
address, and home port (city and state where a vessel is moored), the 
port of landing was selected based on recommendations from some state 
managers, and is considered to be the area where fishing occurs.
    The only changes to this collection since the 2021 submission were 
to update material and labor costs based on current data.

II. Method of Collection

    Information collected is in the form of gear marking.

III. Data

    OMB Control Number: 0648-0364.
    Form Number(s): None.
    Type of Review: Regular submission, extension of a current 
information collection.
    Affected Public: Primary respondents are business or other for-
profit organizations (fishermen), and individuals or households.
    Estimated Number of Respondents: 3,970.
    Estimated Time per Response: The time to mark each line varies on 
the number of marks required by area, but it is estimated that each 
mark takes between 6.7-8.6 minutes.
    Estimated Total Annual Burden Hours: The estimated total annual 
burden is between 43.2-56.0 hours per year, per vessel. For all 3,970 
vessels, the total burden hours is between 171,367-222,391 hours.
    Estimated Total Annual Cost to Public: The estimated cost is 
$25.66-$74.34 per vessel per year. For all 3,970 vessels, the estimated 
total annual cost is between $101,870-$295,130.
    Respondent's Obligation: Mandatory.
    Legal Authority: Marine Mammal Protection Act and 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. 2023-02926 Filed 2-10-23; 8:45 am]
BILLING CODE 3510-22-P