[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86117-86118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27248]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Comment 
Request; Atlantic Highly Migratory Species Scientific Research, 
Exempted Fishing, and Exempted Activity Submissions

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 the Office of Management and 
Budget.

DATES: To ensure consideration, comments regarding this proposed 
information collection must be received on or before February 12, 2024.

ADDRESSES: Interested persons are invited to submit written comments to 
Adrienne Thomas, NOAA PRA Officer, at [email protected]. Please 
reference OMB Control Number 0648-0471 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 Cliff Hutt, Fisheries Management Specialist, National Marine 
Fisheries Service (NMFS), Highly Migratory Species (HMS) Management 
Division, 1315 East-West Highway, SSMC3, Silver Spring, MD 20910; 301-
427-8503; or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    Atlantic highly migratory species (HMS) fisheries are managed under 
the 2006 Consolidated HMS Fishery Management Plan (FMP) and its 
amendments, pursuant to the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and 
consistent with the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 
et seq.). The implementing regulations for HMS fisheries are found at 
50 CFR part 635.
    Issuance of exempted fishing permits (EFPs), scientific research 
permits (SRPs), display permits, letters of acknowledgment (LOAs), and 
shark research fishery permits is necessary for the collection of HMS 
for public display and scientific research that requires exemption from 
regulations (e.g., seasons, prohibited species, authorized gear, 
minimum sizes) that otherwise may prohibit such collection. Display 
permits are issued for the collection of HMS for the purpose of public 
display, and a limited number of shark research fishery permits are 
issued for the collection of fishery-dependent data for future stock 
assessments and cooperative research with commercial fishermen to meet 
the shark research objectives of the Agency.
    Regulations at 50 CFR 600.745 and 50 CFR 635.32 govern scientific 
research activity, exempted fishing, and exempted educational 
activities with respect to HMS. Since the Magnuson-Stevens Act does not 
include scientific research within the definition of ``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 only regulated 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 scientific 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 (i.e., 
tunas, swordfish, billfish, and some shark species), 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 such species occurs

[[Page 86118]]

from commercial or recreational fishing platforms.
    To regulate these fishing activities, NMFS needs information to 
determine the justification for granting an EFP, LOA, SRP, display, or 
shark research fishery 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 (excluding LOAs). The authority for NMFS requiring this 
information is found at 50 CFR 635.32.
    NMFS has updated the burden estimates based on participation in the 
HMS Management Division's exempted fishing program from 2021 through 
2023 and the Shark Research Fishery from 2021 through 2023.

II. Method of Collection

    Respondents can submit the required information via email via 
electronic forms (PDF or spreadsheet). NMFS is currently developing an 
online electronic reporting portal for the submission of required EFP 
reports, which will be available in 2024.

III. Data

    OMB Control Number: 0648-0471.
    Form Number(s): None.
    Type of Review: Regular submission (extension of a currently 
approved collection).
    Estimated Number of Respondents: 58.
    Estimated Time per Response: 2 hours for a scientific research 
plan; 40 minutes for an application for an EFP, display permit, SRP, 
LOA, or shark research fishery permit; 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; 10 minutes for calls to request and observer; and 2 
minutes for ``no-catch'' reports.
    Estimated Total Annual Burden Hours: 224.
    Estimated Total Annual Cost to Public: None.
    Respondent's Obligation: Voluntary for applications and Mandatory 
for reporting and notifications.
    Legal Authority: Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.), and the Atlantic Tunas 
Convention Act of 1975. (16 U.S.C. 971 et seq.)

IV. Request for Comments

    We are soliciting public comments to permit the Department/NMFS to: 
(a) Evaluate whether the proposed information collection is necessary 
for the proper functions of the Department/NMFS, 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 Under Secretary for 
Economic Affairs, Commerce Department.
[FR Doc. 2023-27248 Filed 12-11-23; 8:45 am]
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