Notice2023-27248
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
Primary source
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Published
December 12, 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.
Full Text
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<title>Federal Register, Volume 88 Issue 237 (Tuesday, December 12, 2023)</title>
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[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86117-86118]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#1e5f7a6c777b70707b306a7671737f6d5e70717f7f30797168"><span class="__cf_email__" data-cfemail="e3a287918a868d8d86cd978b8c8e8290a38d8c8282cd848c95">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#f2919e9b9494dc9a878686b29c9d9393dc959d84"><span class="__cf_email__" data-cfemail="0a6966636c6c24627f7e7e4a64656b6b246d657c">[email protected]</span></a>.
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]
BILLING CODE 3510-22-P
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