83_FR_63719 83 FR 63483 - Proposed Information Collection; Comment Request; Limits of Application of the Take Prohibitions

83 FR 63483 - Proposed Information Collection; Comment Request; Limits of Application of the Take Prohibitions

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 236 (December 10, 2018)

Page Range63483-63483
FR Document2018-26683

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

Federal Register, Volume 83 Issue 236 (Monday, December 10, 2018)
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Page 63483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26683]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Proposed Information Collection; Comment Request; Limits of 
Application of the Take Prohibitions

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before February 8, 
2019.

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW, Washington, DC 20230 (or via the internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Gary Rule, NOAA Fisheries, 1201 NE Lloyd Blvd. Suite 
1100, Portland, OR 97232, (503) 230-5424 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    This request is for extension of a currently approved information 
collection.
    Section 4(d) of the Endangered Species Act of 1973 (ESA; 16 U.S.C. 
1531 et. seq.) requires the National Marine Fisheries Service (NMFS) to 
adopt such regulations as it ``deems necessary and advisable to provide 
for the conservation of'' threatened species. Those regulations may 
include any or all of the prohibitions provided in section 9(a)(1) of 
the ESA, which specifically prohibits ``take'' of any endangered 
species (``take'' includes actions that harass, harm, pursue, kill, or 
capture). The first salmonid species listed by NMFS as threatened were 
protected by virtually blanket application of the section 9 take 
prohibitions. There are now 23 separate Distinct Population Segments 
(DPS) of west coast salmonids listed as threatened, covering a large 
percentage of the land base in California, Oregon, Washington and 
Idaho. NMFS is obligated to enact necessary and advisable protective 
regulations. NMFS makes section 9 prohibitions generally applicable to 
many of those threatened DPS, but also seeks to respond to requests 
from states and others to both provide more guidance on how to protect 
threatened salmonids and avoid take, and to limit the application of 
take prohibitions wherever warranted (see 70 FR 37160, June 28, 2005, 
71 FR 834, January 5, 2006, and 73 FR 55451, September 25, 2008). The 
regulations describe programs or circumstances that contribute to the 
conservation of, or are being conducted in a way that limits impacts 
on, listed salmonids. Because we have determined that such programs/
circumstances adequately protect listed salmonids, the regulations do 
not apply the ``take'' prohibitions to them. Some of these limits on 
the take prohibitions entail voluntary submission of a plan to NMFS 
and/or annual or occasional reports by entities wishing to take 
advantage of these limits, or continue within them.
    The currently approved application and reporting requirements apply 
to Pacific marine and anadromous fish species, as requirements 
regarding other species are being addressed in a separate information 
collection.

II. Method of Collection

    Submissions may be electronically or on paper.

III. Data

    OMB Control Number: 0648-0399.
    Form Number(s): None.
    Type of Review: Regular submission (extension of a current 
information collection).
    Affected Public: Federal government; State, local, or tribal 
government; business or other for-profit organizations.
    Estimated Number of Respondents: 331.
    Estimated Time per Response: 5 hours for a diversion screening 
limit project; 20 hours for a road maintenance agreement; 30 hours for 
an urban development package; 20 hours for a tribal plan; 10 hours for 
a fishery harvest plan; 5 hours for a report of aided, salvaged, or 
disposed of salmonids; 2 hours for research permits; 5 hours for 
artificial propagation plans; and 2 hours for annual reports.
    Estimated Total Annual Burden Hours: 935.
    Estimated Total Annual Cost to Public: $580.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: December 4, 2018.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2018-26683 Filed 12-7-18; 8:45 am]
 BILLING CODE 3510-22-P



                                Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Notices                                                  63483

     applicant. The applicant has withdrawn                  endangered species (‘‘take’’ includes                 aided, salvaged, or disposed of
     the application from further                            actions that harass, harm, pursue, kill,              salmonids; 2 hours for research permits;
     consideration.                                          or capture). The first salmonid species               5 hours for artificial propagation plans;
       Dated: December 4, 2018.                              listed by NMFS as threatened were                     and 2 hours for annual reports.
                                                             protected by virtually blanket                          Estimated Total Annual Burden
     Julia Marie Harrison,
                                                             application of the section 9 take                     Hours: 935.
     Chief, Permits and Conservation Division,                                                                       Estimated Total Annual Cost to
     Office of Protected Resources, National                 prohibitions. There are now 23 separate
     Marine Fisheries Service.                               Distinct Population Segments (DPS) of                 Public: $580.
     [FR Doc. 2018–26666 Filed 12–7–18; 8:45 am]             west coast salmonids listed as                        IV. Request for Comments
                                                             threatened, covering a large percentage
     BILLING CODE 3510–22–P
                                                             of the land base in California, Oregon,                  Comments are invited on: (a) Whether
                                                             Washington and Idaho. NMFS is                         the proposed collection of information
                                                             obligated to enact necessary and                      is necessary for the proper performance
     DEPARTMENT OF COMMERCE                                                                                        of the functions of the agency, including
                                                             advisable protective regulations. NMFS
     National Oceanic and Atmospheric                        makes section 9 prohibitions generally                whether the information shall have
     Administration                                          applicable to many of those threatened                practical utility; (b) the accuracy of the
                                                             DPS, but also seeks to respond to                     agency’s estimate of the burden
     Proposed Information Collection;                        requests from states and others to both               (including hours and cost) of the
     Comment Request; Limits of                              provide more guidance on how to                       proposed collection of information; (c)
     Application of the Take Prohibitions                    protect threatened salmonids and avoid                ways to enhance the quality, utility, and
                                                             take, and to limit the application of take            clarity of the information to be
     AGENCY: National Oceanic and                                                                                  collected; and (d) ways to minimize the
     Atmospheric Administration (NOAA),                      prohibitions wherever warranted (see 70
                                                             FR 37160, June 28, 2005, 71 FR 834,                   burden of the collection of information
     Commerce.                                                                                                     on respondents, including through the
     ACTION: Notice.
                                                             January 5, 2006, and 73 FR 55451,
                                                             September 25, 2008). The regulations                  use of automated collection techniques
     SUMMARY:    The Department of                           describe programs or circumstances that               or other forms of information
     Commerce, as part of its continuing                     contribute to the conservation of, or are             technology.
                                                                                                                      Comments submitted in response to
     effort to reduce paperwork and                          being conducted in a way that limits
                                                                                                                   this notice will be summarized and/or
     respondent burden, invites the general                  impacts on, listed salmonids. Because
                                                                                                                   included in the request for OMB
     public and other Federal agencies to                    we have determined that such
                                                                                                                   approval of this information collection;
     take this opportunity to comment on                     programs/circumstances adequately
                                                                                                                   they also will become a matter of public
     proposed and/or continuing information                  protect listed salmonids, the regulations
                                                                                                                   record.
     collections, as required by the                         do not apply the ‘‘take’’ prohibitions to
     Paperwork Reduction Act of 1995.                        them. Some of these limits on the take                  Dated: December 4, 2018.
     DATES: Written comments must be                         prohibitions entail voluntary                         Sarah Brabson,
     submitted on or before February 8, 2019.                submission of a plan to NMFS and/or                   NOAA PRA Clearance Officer.
     ADDRESSES: Direct all written comments                  annual or occasional reports by entities              [FR Doc. 2018–26683 Filed 12–7–18; 8:45 am]
     to Jennifer Jessup, Departmental                        wishing to take advantage of these                    BILLING CODE 3510–22–P
     Paperwork Clearance Officer,                            limits, or continue within them.
     Department of Commerce, Room 6616,                         The currently approved application
     14th and Constitution Avenue NW,                        and reporting requirements apply to                   DEPARTMENT OF COMMERCE
     Washington, DC 20230 (or via the                        Pacific marine and anadromous fish
                                                             species, as requirements regarding other              National Oceanic and Atmospheric
     internet at pracomments@doc.gov).
                                                             species are being addressed in a                      Administration
     FOR FURTHER INFORMATION CONTACT:
     Requests for additional information or                  separate information collection.                      RIN 0648–XG561
     copies of the information collection                    II. Method of Collection
     instrument and instructions should be                                                                         2019 Annual Determination To
                                                                Submissions may be electronically or               Implement the Sea Turtle Observer
     directed to Gary Rule, NOAA Fisheries,                  on paper.
     1201 NE Lloyd Blvd. Suite 1100,                                                                               Requirement
     Portland, OR 97232, (503) 230–5424 or                   III. Data                                             AGENCY:  National Marine Fisheries
     gary.rule@noaa.gov.                                        OMB Control Number: 0648–0399.                     Service (NMFS), National Oceanic and
     SUPPLEMENTARY INFORMATION:                                 Form Number(s): None.                              Atmospheric Administration (NOAA),
                                                                Type of Review: Regular submission                 Commerce.
     I. Abstract                                             (extension of a current information                   ACTION: Notice.
        This request is for extension of a                   collection).
     currently approved information                             Affected Public: Federal government;               SUMMARY:   The National Marine
     collection.                                             State, local, or tribal government;                   Fisheries Service (NMFS) is providing
        Section 4(d) of the Endangered                       business or other for-profit                          notification that the agency will not
     Species Act of 1973 (ESA; 16 U.S.C.                     organizations.                                        identify additional fisheries to observe
     1531 et. seq.) requires the National                       Estimated Number of Respondents:                   on the 2019 Annual Determination
     Marine Fisheries Service (NMFS) to                      331.                                                  (AD), pursuant to its authority under the
     adopt such regulations as it ‘‘deems                       Estimated Time per Response: 5 hours               Endangered Species Act (ESA or Act).
     necessary and advisable to provide for                  for a diversion screening limit project;              Through the AD, NMFS identifies U.S.
     the conservation of’’ threatened species.               20 hours for a road maintenance                       fisheries operating in the Atlantic
     Those regulations may include any or                    agreement; 30 hours for an urban                      Ocean, Gulf of Mexico, and Pacific
     all of the prohibitions provided in                     development package; 20 hours for a                   Ocean that will be required to take
     section 9(a)(1) of the ESA, which                       tribal plan; 10 hours for a fishery                   observers upon NMFS’ request. The
     specifically prohibits ‘‘take’’ of any                  harvest plan; 5 hours for a report of                 purpose of observing identified fisheries


VerDate Sep<11>2014   17:10 Dec 07, 2018   Jkt 247001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\10DEN1.SGM   10DEN1



Document Created: 2018-12-08 00:21:18
Document Modified: 2018-12-08 00:21:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWritten comments must be submitted on or before February 8, 2019.
ContactRequests for additional information or copies of the information collection instrument and instructions should be directed to Gary Rule, NOAA Fisheries, 1201 NE Lloyd Blvd. Suite 1100, Portland, OR 97232, (503) 230-5424 or [email protected]
FR Citation83 FR 63483 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR