Notice2022-24211
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
Primary source
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Published
November 7, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Full Text
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<title>Federal Register, Volume 87 Issue 214 (Monday, November 7, 2022)</title>
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[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Notices]
[Pages 67018-67019]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<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
[[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
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