Notice2024-08507

Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Highly Migratory Species (HMS) Scientific Research Permits, Exempted Fishing Permits, Letters of Acknowledgement, Display Permits, and Shark Research Fishery Permits

Primary source

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Published
April 22, 2024

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Full Text

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<title>Federal Register, Volume 89 Issue 78 (Monday, April 22, 2024)</title>
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[Federal Register Volume 89, Number 78 (Monday, April 22, 2024)]
[Notices]
[Pages 29306-29307]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08507]


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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; Highly Migratory Species (HMS) Scientific Research Permits, 
Exempted Fishing Permits, Letters of Acknowledgement, Display Permits, 
and Shark Research Fishery Permits

    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

[[Page 29307]]

collection requirements and minimize the public's reporting burden. 
Public comments were previously requested via the Federal Register on 
December 12, 2023, 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: Highly Migratory Species (HMS) Scientific Research Permits, 
Exempted Fishing Permits, Letters of Acknowledgement, Display Permits, 
and Shark Research Fishery Permits.
    OMB Control Number: 0648-0471.
    Form Number(s): None.
    Type of Request: Renewal [request for extension of a currently 
approved information collection].
    Number of Respondents: 57 unique respondents.
    Average Hours 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; 12 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.
    Burden Hours: 226.
    Needs and Uses: Exempted fishing permits (EFPs), scientific 
research permits (SRPs), display permits, letters of acknowledgment 
(LOAs), and shark research fishery permits are issued under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.) and/or the Atlantic 
Tunas Convention Act (ATCA) (16 U.S.C. 971 et seq.). Issuance of EFPs 
and related permits is necessary for the collection of Atlantic Highly 
Migratory Species (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 635.32 govern scientific research 
activity, exempted fishing, and exempted educational activities with 
respect to Atlantic 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 Atlantic 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 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 Atlantic HMS Management Division 
within NMFS new EFP online portal or emailed. The authority for NMFS 
requiring this information is found at 50 CFR 635.32.
    Affected Public: Businesses or other for-profit organizations 
(vessel owners or aquariums); Not-for-profit institutions (academic 
researchers); State, Local, or Tribal governments (state agency 
researchers); Federal government (federal agency researchers).
    Frequency: Permit applications, scientific research plans, and 
annual reports are submitted annually; interim and no catch reports are 
submitted monthly; departure notifications are submitted for each trip; 
permit amendment applications are submitted as needed. Interim reports 
are submitted via our new EFP online portal or emailed, while annual 
reports are created in our new EFP online portal or emailed.
    Respondent's Obligation: Mandatory.
    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.).
    This information collection request may be viewed at <a href="http://reginfo.gov">reginfo.gov</a>. 
Follow the instructions to view 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 0648-0471.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Under Secretary for 
Economic Affairs, Commerce Department.
[FR Doc. 2024-08507 Filed 4-19-24; 8:45 am]
BILLING CODE 3510-22-P


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Indexed from Federal Register on April 22, 2024.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.