Proposed Information Collection; Comment Request; Limits on Applications of Take Prohibitions, 14961-14962 [E9-7389]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Notices]
[Pages 14961-14962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7389]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Proposed Information Collection; Comment Request; Limits on 
Applications of Take Prohibitions

AGENCY: National Oceanic and Atmospheric Administration (NOAA).

ACTION: Notice.

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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 June 1, 2009.

ADDRESSES: Direct all written comments to Diana Hynek, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 7845, 14th 
and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet 
at dHynek@doc.gov).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Steve Stone at (503) 231-2317, or steve.stone@noaa.gov.

SUPPLEMENTARY INFORMATION:

I. Abstract

    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 22 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.

II. Method of Collection

    Submissions may be in paper or electronic format.

III. Data

    OMB Control Number: 0648-0399.
    Form Number: None.
    Type of Review: Regular submission.
    Affected Public: State, local, or tribal government; business or 
other for-profit organizations.
    Estimated Number of Respondents: 301.
    Estimated Time per Response: 20 hours for a road maintenance 
agreement; 5 hours for a diversion screening limit project; 30 hours 
for an urban development package; 10 hours for an urban development 
report; 20 hours for a tribal plan; and 5 hours for a report of aided, 
salvaged, or disposed of salmonids.
    Estimated Total Annual Burden Hours: 1,705.
    Estimated Total Annual Cost to Public: $1,000.

[[Page 14962]]

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: March 30, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
 [FR Doc. E9-7389 Filed 4-1-09; 8:45 am]
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