Notice2026-04530
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
March 9, 2026
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 revision and renewal of this NOAA collection to OMB.
Full Text
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<title>Federal Register, Volume 91 Issue 45 (Monday, March 9, 2026)</title>
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[Federal Register Volume 91, Number 45 (Monday, March 9, 2026)]
[Notices]
[Pages 11289-11292]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04530]
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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
[[Page 11290]]
notice is to allow for 60 days of public comment preceding submission
of the revision and renewal of this NOAA collection to OMB.
DATES: To ensure consideration, comments regarding this proposed
information collection must be received on or before May 8, 2026.
ADDRESSES: Interested persons are invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer, at <a href="/cdn-cgi/l/email-protection#4f01000e0e611f1d0e0f21202e2e61282039"><span class="__cf_email__" data-cfemail="1a54555b5b344a485b5a74757b7b347d756c">[email protected]</span></a>. Please
reference OMB Control Number 0648-0084 in the subject line of your
comments. All comments received are part of the public record and will
generally be posted on <a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. 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 Hapeman, Biologist, 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#03626e7a2d6b6273666e626d436d6c62622d646c75"><span class="__cf_email__" data-cfemail="21404c580f494051444c404f614f4e40400f464e57">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Abstract
The NMFS, Office of Protected Resources, Permits and Conservation
Division is requesting a revision and extension of the currently
approved information collection OMB Control Number 0648-0084. The
information collection request (ICR) 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 revision incorporates
endangered corals into the list of 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 kill),
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 that 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 permit conditions; to evaluate the impacts on protected
species; and to ensure compliance with the Acts.
Information currently required includes the name, affiliation,
contact information and qualifications of the applicant and others
listed on the application; the purpose and justification for the
request; the species, age, sex, and number of animals; the locations of
the activities; 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.
To be consistent with NMFS' final rule (89 FR 100393; December 12,
2024) effective on January 13, 2025, we are revising all MMPA Section
104 permit and authorization application instructions to remove the 5-
year limit on MMPA permit and authorization durations. The revised
instructions provide guidance to applicants about what to consider when
requesting their permit duration and require applicants to justify
their requested permit duration. This revision applies to MMPA Section
104 permit and authorization applications. For consistency, we are also
revising the ESA Section 10(a)(1)(A) scientific research and
enhancement permit application instructions to clarify applicants must
provide a justification for the requested permit duration (there is no
duration limit on ESA permits, and guidance on duration is already
provided in these application instructions).
We also propose to create a separate set of ESA Section 10(a)(1)(A)
scientific research and enhancement permit application instructions for
corals because pillar corals (Dendrogyra cylindrus) have been listed as
endangered under the ESA (89 FR 101993; December 17, 2024). Creating a
separate set of instructions is designed to tailor and streamline the
application process for pillar coral applicants. These revisions may be
applied to other species of coral requiring an ESA Section 10(a)(1)(A)
scientific research or enhancement permit in the future.
In addition, we propose to change the estimating and reporting of
takes during uncrewed aircraft system (UAS) operations in MMPA Section
104 permit applications to follow the guidance for vessel or ground-
based activities (within 100 yards for baleen and sperm whales and 50
yards for other cetaceans and pinnipeds), rather than the current 1,000
feet guidance used for crewed aircraft. This change will include
additional guidance in MMPA Section 104 permit application instructions
that will improve take number estimates and reporting. The intent is to
reduce burden on applicants, improve the reasonableness of take
estimates, and increase the accuracy of their subsequent reporting.
These proposed changes will be included in all instructions involving
Level B harassment of marine mammals in the wild, including MMPA permit
applications for scientific research and enhancement, commercial and
educational photography, and public display (those authorizing capture
in the wild); and MMPA Letters of Intent under the General
Authorization for scientific research.
We propose to revise the MMPA Letter of Intent under the General
Authorization for scientific research application instructions to be
consistent with the implementing regulations at 50 CFR 216.45. The
proposed changes include reducing the amount of information requested
from applicants when describing the purpose of the project (e.g., take
number rationale), anticipated effects and mitigation. As described
above for MMPA Section 104 permit applications, we propose to provide
additional guidance in the application instructions to improve take
number estimates and reporting for UAS
[[Page 11291]]
operations and revise the application instructions to remove the 5-year
limit on the requested duration. These changes will better align our
guidance with the statutory definition of Level B harassment under the
MMPA (16 U.S.C. 1362(18)) and allow us to accurately quantify and
assess the impacts of the takes that are likely to occur.
We are also streamlining the amount of information required in the
instructions for importing marine mammals for public display to better
align with the statutory requirements. This will ensure we can make a
determination that the manner of taking or importation is humane, as
required by the MMPA, and is consistent with the Animal Welfare Act.
Last, we are in the process of revising the current 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>), which dates back to
2008, for MMPA Section 104 and ESA Section 10(a)(1)(A) permit
applications. The revision of the online application system is
necessary for many reasons, including to improve information security
and ease of use. As part of the redesign, we have split the information
fields of the application instructions into small text boxes in APPS
that ask briefer and more specific questions. This allows applicants to
provide less information overall while still adequately addressing the
required application criteria and providing better alignment with the
Word and PDF application instructions included in this instrument
collection. The overall user experience and functionality of the online
application system will be improved and streamlined from the currently
available APPS system, although the specific information requested
remains limited to what is described in our application instructions.
MMPA Section 104 National Inventory of Marine Mammals
The MMPA requires NMFS to maintain an inventory of captive marine
mammals held in permanent care 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. We are not proposing any changes to the MMDS
or the other NIMM forms at this time.
NMFS previously published a Federal Register notice (84 FR 4443;
February 15, 2019) and extension (84 FR 15593; April 16, 2019) seeking
comments on implementing NIMM, including clarification on reporting
requirements and levels of constituent access to the database. We are
not proposing any access changes to NIMM at this time and will seek
public comment on proposed final policies and procedures for NIMM
through a separate process in the future.
The proposed revisions to the instructions are available for review
as downloadable PDF versions online at <a href="https://www.fisheries.noaa.gov/national/permits/proposed-revisions-application-instructions-permits-and-authorizations-directed">https://www.fisheries.noaa.gov/national/permits/proposed-revisions-application-instructions-permits-and-authorizations-directed</a>. When the revised online application system
is launched, the URL for the online system will change. The revised
system will be able to accept all application types, whereas the
current APPS system cannot accept photography and public display permit
applications.
II. Method of Collection
Current permit applications and permit report form information, 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 applications, forms, and reports by
email, mail, or APPS (Authorizations and Permits for Protected Species;
<a href="https://apps.nmfs.noaa.gov">https://apps.nmfs.noaa.gov</a>). Reports for most permits can also be
submitted online via APPS. NIMM inventory forms may be downloaded as
fillable Word documents at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/national-inventory-marine-mammals">https://www.fisheries.noaa.gov/national/marine-mammal-protection/national-inventory-marine-mammals</a> or requested
via email. Inventory forms can be submitted via email or mail.
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 and extension 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: 427.
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. This represents costs for mailing in applications,
forms, and reports.
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 information collection request. 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
[[Page 11292]]
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,
Departmental PRA Compliance Officer, Office of the Under Secretary for
Economic Affairs, Commerce Department.
[FR Doc. 2026-04530 Filed 3-6-26; 8:45 am]
BILLING CODE 3510-22-P
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