Notice2023-13711
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Basic Requirements for Special Exception Permits and Authorizations To Take, Import, and Export Marine Mammals, Threatened and Endangered Species, and for Maintaining a Captive Marine Mammal Inventory Under Section 104 of the Marine Mammal Protection Act, the Fur Seal Act, and/or Section 10(a)(1)(A) of the Endangered Species Act
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 28, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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 (OMB).
Full Text
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<title>Federal Register, Volume 88 Issue 123 (Wednesday, June 28, 2023)</title>
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[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 41887-41888]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13711]
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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; Basic Requirements for Special Exception Permits and
Authorizations To Take, Import, and Export Marine Mammals, Threatened
and Endangered Species, and for Maintaining a Captive Marine Mammal
Inventory Under Section 104 of the Marine Mammal Protection Act, the
Fur Seal Act, and/or Section 10(a)(1)(A) of the Endangered Species Act
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 (OMB).
DATES: To ensure consideration, comments regarding this proposed
information collection must be received on or before August 28, 2023.
ADDRESSES: Interested persons are invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer, at <a href="/cdn-cgi/l/email-protection#d896979999f6888a9998b6b7b9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="2c62636d6d027c7e6d6c42434d4d024b435a">[email protected]</span></a>. Please
reference OMB Control Number 0648-0084 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 Amy Sloan or Carrie Hubard, National Marine Fisheries Service
(NMFS), Office of Protected Resources, Permits and Conservation
Division, 1315 East-West Highway, Silver Spring, MD 20910 (301-427-
8401), <a href="/cdn-cgi/l/email-protection#ec8d8195c29f80838d82ac82838d8dc28b839a"><span class="__cf_email__" data-cfemail="f7969a8ed9849b989699b799989696d9909881">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#4a292b3838232f643d64223f282b382e0a24252b2b642d253c"><span class="__cf_email__" data-cfemail="791a180b0b101c570e57110c1b180b1d3917161818571e160f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Abstract
The NMFS, Office of Protected Resources, Permits and Conservation
Division is proposing an extension and revision of the currently
approved information collection OMB Control Number 0648-0084. The
information collection request (IRC) is under the authority of the
Marine Mammal Protection Act (16 U.S.C. 1361 et seq.; MMPA), the Fur
Seal Act (16 U.S.C. 1151 et seq.; FSA), and the Endangered Species Act
(16 U.S.C. 1531 et seq.; ESA). This information collection applies to
certain protected species for which NMFS is responsible: cetaceans
(whales, dolphins and porpoises) and pinnipeds (seals and sea lions);
and, for ESA scientific research and enhancement permits: smalltooth
sawfish, sea turtles (in water), sturgeon (Atlantic and shortnose), and
certain foreign ESA-listed species. This information collection may be
used for future ESA-listed species.
MMPA Section 104 and ESA Section 10(a)(1)(A) Permit Applications
The MMPA, FSA, and ESA prohibit ``take'' (e.g., to harass or harm),
import, and export of marine mammals and endangered and threatened
species, with limited exceptions. Pursuant to Section 104 of the MMPA
and Section 10(a)(1)(A) of the ESA, individuals, business or other for-
profit organizations, not-for-profit institutions, and government
agencies may obtain special exception permits to take, import, or
export marine mammals or endangered or threatened species for
scientific research or enhancement purposes. Section 104 of the MMPA
also provides for Letters of Confirmation under a General Authorization
for scientific research; permits for commercial and educational
photography of marine mammals; and permits for capture and/or import of
marine mammals for public display.
Persons or institutions seeking to take, import, or export
protected species must apply for a permit or authorization and
demonstrate the statutory and regulatory requirements are met. The
regulations pertaining to permits and associated reporting under the
MMPA and FSA are at 50 CFR part 216; the regulations for permit
requirements under the ESA are at 50 CFR part 222. The required
information in this collection is used by NMFS to make the
determinations required by the MMPA, FSA, ESA, and their implementing
regulations prior to issuing a permit or authorization; to establish
appropriate conditions; to evaluate the impacts on protected species;
and, to ensure compliance with the Acts.
Information required includes the name, affiliation, contact
information and qualifications of the applicant and others listed on
the application; the purpose of the request; the species, age, sex, and
number of animals; the proposed methods and mitigation to minimize
impacts to the species; a description of the impacts to the species and
environment; and the requested time frame of the permit. Permit and
authorization holders must submit reports on the activities they carry
out.
For this renewal, the only change we propose is to provide
additional guidance to improve take number estimates and reporting. The
intent is to improve the reasonableness of our applicant's take
estimates and the accuracy of their subsequent reporting. In reviewing
permit reports, we have found that the takes requested are, in many
cases, substantially greater than that used. This new guidance will be
included in all relevant application instructions.
MMPA Section 104 National Inventory of Marine Mammals
The MMPA requires NMFS to maintain an inventory of marine mammals
in public display facilities and for those facilities to report certain
information to NMFS' (via the National Inventory of Marine Mammals
[NIMM]). The NIMM forms include an institutional contact form, a marine
mammal data sheet (MMDS), and a transfer/transport notification form.
Inventory information required by the MMPA includes the animal's name
or other identification; sex; birth date; date animal enters and leaves
a collection; source of the animal (e.g., stranding); where an animal
is transferred or transported; and date and cause of death (when
determined). Exporting facilities must provide documentation to NMFS
that the recipient facility meets standards comparable to those
required in the United States. The NIMM forms facilitate compliance
with MMPA reporting requirements and allow NMFS to keep NIMM up to
date. Based on public comment on the previous PRA notice, we simplified
the blank MMDS to only include information necessary for reporting a
birth, release, or death, and included definitions for the fields on
the MMDS. We are not proposing any changes to the MMDS or the other
NIMM forms at this time.
Prior to the previous PRA notice, NMFS published a Federal Register
notice (84 FR 4443; February 15, 2019) and extension (84 FR 15593;
April 16, 2019) seeking comments on implementing NIMM. After
consideration of public comments (available at: <a href="https://www.regulations.gov/docket?D=NOAA-NMFS-2019-0012">https://www.regulations.gov/docket?D=NOAA-NMFS-2019-0012</a>), we had proposed
[[Page 41888]]
certain inventory reporting revisions in the previous PRA notice. This
included proposed revisions MMDS to (1) define birth and clarify that a
birth must be reported if the marine mammal is born alive, no matter
how long it lives; (2) clarify that stillbirths are not required to be
reported; and, (3) standardize reporting of cause of death via a two-
tier system. We received comments both for and against these proposed
changes as well as comments about public access to NIMM. Commenters
also asserted that the use of the February 15, 2019, Federal Register
notice seeking comment on ``proposed policies and procedures for the
administration and maintenance of the online inventory database'' did
not clearly state that the agency would finalize these policies and
procedures through the PRA process. These same commenters expressed
concern about the agency's proposal to exclude stillbirths from the
``birth'' definition.
The agency takes the views of our constituents seriously and
because of the substantive comments received, we will not propose those
changes to NIMM at this time. Instead, the agency will seek public
comment on the final policies and procedures for NIMM through a
separate process in the future.
II. Method of Collection
Permit applications, permit report form information, and inventory
forms are available as downloadable Word or PDF versions online at
<a href="https://www.fisheries.noaa.gov/permits-and-forms#protected-resources">https://www.fisheries.noaa.gov/permits-and-forms#protected-resources</a> or
via email. Respondents may submit all applications, forms, and reports
by email or mail. Respondents may also submit scientific research and
enhancement permit applications and Letters of Intent under the General
Authorization via our online application system known as APPS
(Authorizations and Permits for Protected Species; <a href="https://apps.nmfs.noaa.gov">https://apps.nmfs.noaa.gov</a>).
III. Data
OMB Control Number: 0648-0084.
Form Number(s): NOAA FORMs 89-880, 89-881, and 89-882.
Type of Review: Regular submission (revision of a current
information collection).
Affected Public: Individuals; Business or other for-profit
organizations; Not-for-profit institutions; State, Local, or Tribal
government; Federal government.
Estimated Number of Respondents: 423.
Estimated Time per Response: The estimated average amount of time
it takes to complete each information collection instrument is as
follows. Scientific research and enhancement permit applications, 50
hours; public display permit applications, 50 hours; protected species
parts applications, 20 hours; photography permit applications, 10
hours; General Authorization Letters of Intent, 10 hours; major permit
modification requests, 35 hours; minor permit modification requests, 3
hours; scientific research permit reports, 12 hours; scientific
research parts only permit reports, 8 hours; General Authorization
reports, 8 hours; public display permit reports, 2 hours; photography
permit reports, 2 hours; public display inventory reporting, 2 hours;
and general record keeping, 2 hours per each type.
Estimated Total Annual Burden Hours: 6,568.
Estimated Total Annual Cost to Public: $80.00 in recordkeeping/
reporting costs.
Respondent's Obligation: Mandatory.
Legal Authority: MMPA (16 U.S.C. 1361 et seq.), FSA (16 U.S.C. 1151
et seq.), and ESA (16 U.S.C. 1531 et seq.).
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 Under Secretary for
Economic Affairs, Commerce Department.
[FR Doc. 2023-13711 Filed 6-27-23; 8:45 am]
BILLING CODE 3510-22-P
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