Notice2022-13289
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Limits of Application of Take Prohibitions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 22, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Full Text
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<title>Federal Register, Volume 87 Issue 119 (Wednesday, June 22, 2022)</title>
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[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Notices]
[Pages 37313-37314]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13289]
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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; Limits of Application of Take Prohibitions
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 January 26, 2022, during a 60-day comment period.
This notice allows for an additional 30 days for public comments.
Agency: National Oceanic and Atmospheric Administration (NOAA),
Commerce.
Title: Limits of Application of the Take Prohibitions.
OMB Control Number: 0648-0399.
Form Number(s): None.
Type of Request: Regular (Extension of an approved information
collection).
Number of Respondents: 1,140.
Average Hours per Response: Limit 3--Fish Rescue, 4 hours. Limit 4:
CA--FMEP Annual Reporting, 4 hours; CA--FMEP Development/Submission,
1,230 hours; ID--FMEP Development/Inseason Reporting/Submission of
Annual Reports, 120 hours; OR--FMEP Development/Submission of Annual
Reports, 120 hours; WA--FMEP Development/Submission of Annual Reports,
100 hours. Limit 4, 6 and 14--Puget Sound/Klamath Basins: Annual
Reporting, 104 hours; Development of RMP, 624 hours; Submittal of RMP,
150 hours; Litigation Assistance, 416 hours. Limit 5: CA--HGMP Annual
Reporting, 8 hours; CA--HGMP Development/Submission, 2,080 hours. Limit
5 and 6: ID--RMP/HGMP Development/Submission of Annual Reports, 18,000
hours; OR--RMP/HGMP Development/Submission of Annual Reports, 7,200
hours; WA--RMP/HGMP Development/Submission of Annual Reports, 7,200
hours. Limit 6--Fisheries--Columbia River Basin, 1,800 hours. Limit 7--
State Research Programs: Applications, 1,000 hours; Modifications, 40
hours; Reports, 600 hours. Limit 10: OR--5-year plan submission, 160
hours; OR--Annual Reporting, 40 hours; CA--Annual Reporting, 4 hours.
Limit 14--CA--Annual Reporting, 8 hours.
Total Annual Burden Hours: 167,872.
Needs and Uses: Section 4(d) of the Endangered Species Act of 1973
(ESA; 16 U.S.C. 1531 et. seq.) requires the National Marine Fisheries
Service (NMFS) to adopt such regulations as it ``deems necessary and
advisable to provide for the conservation of'' threatened species.
Those regulations may include any or all of the prohibitions provided
in section 9(a)(1) of the ESA, which specifically prohibits ``take'' of
any endangered species (``take'' includes actions that harass, harm,
pursue, kill, or capture). The first salmonid species listed by NMFS as
threatened were protected by virtually blanket application of the
section 9 take prohibitions. There are now 23 separate Distinct
Population Segments (DPS) of west coast salmonids listed as threatened,
covering a large percentage of the land base in California, Oregon,
Washington and Idaho. NMFS is obligated to enact necessary and
advisable protective regulations. NMFS makes section 9 prohibitions
generally applicable to many of those threatened DPS, but also seeks to
respond to requests from states and others to both provide more
guidance on how to protect threatened salmonids and avoid take, and to
limit the application of take prohibitions wherever warranted (see 70
FR 37160, June 28, 2005, 71 FR 834, January 5, 2006, and 73 FR 55451,
September 25, 2008). The regulations describe programs or circumstances
that contribute to the conservation of or are being conducted in a way
that limits impacts on, listed salmonids. Because we have determined
that such programs/circumstances adequately protect listed salmonids,
the regulations do not apply the ``take'' prohibitions to them. Some of
these limits on the take prohibitions entail voluntary submission of a
plan to NMFS and/or annual or occasional reports by entities wishing to
take advantage of these limits, or continue within them.
The currently approved application and reporting requirements apply
to Pacific marine and anadromous fish species, as requirements
regarding other species are being addressed in a separate information
collection.
Affected Public: Federal government; State, local, or tribal
government; business or other for-profit organizations.
Frequency: Annual.
Respondent's Obligation: Mandatory.
[[Page 37314]]
Legal Authority: Section 4(d) of the Endangered Species Act of 1973
(ESA; 16 U.S.C. 1531 et seq.).
This information collection request may be viewed at
<a href="http://www.reginfo.gov">www.reginfo.gov</a>. 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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Find this particular information collection by selecting ``Currently
under 30-day Review--Open for Public Comments'' or by using the search
function and entering either the title of the collection or the OMB
Control Number 0648-0399.
Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information
Officer, Commerce Department.
[FR Doc. 2022-13289 Filed 6-21-22; 8:45 am]
BILLING CODE 3510-22-P
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