Proposed Information Collection; 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 the Marine Mammal Protection Act, the Fur Seal Act, and/or the Endangered Species Act, 50409-50412 [2019-20767]
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Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Atlantic Large
Whale Take Reduction Plan
Regulations
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
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 November 25,
2019.
ADDRESSES: Direct all written comments
to Adrienne Thomas, PRA Officer,
NOAA, 151 Patton Avenue, Room 159,
Asheville, NC 28801 (or via the internet
at PRAcomments@doc.gov). Comments
will generally be posted without change.
All Personally Identifiable Information
(for example, name and address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. You may submit
attachments to electronic comments in
Microsoft Word, Excel, or Adobe PDF
file formats.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Colleen Coogan,
Marine Mammal Take Reduction Team
Coordinator, Greater Atlantic Regional
Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930; 978–281–
9181, Colleen.Coogan@noaa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Abstract
Type of review: regular submission
(extension of a current information
collection).
Any persons setting trap/pot of gillnet
gear to fish commercially in some areas
of the Atlantic Ocean are required to
paint or otherwise mark their gear with
one or two color codes, designating the
type of gear and area where the gear is
set. The surface buoys of this gear need
to be marked to identify the vessel or
fishery. These marking requirements
apply in the various management areas
under the Atlantic Large Whale Take
Reduction Plan (ALWTRP), developed
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under the authority of the Marine
Mammal Protection Act.
The goal of this collection of
information is to enable the National
Marine Fisheries Service (NMFS) to
reduce injuries and deaths of large
whales, especially right whales, due to
incidental entanglement in United
States commercial fishing gear. In order
to develop fair and effective
management measures, the Take
Reduction Team (Team) requires
comprehensive data on when, where,
and how fixed gear vessels fish, and
where whales become entangled in
fishing gear. Last updated in 2015, the
Plan requires buoy lines in fixed gear
fisheries to be marked. All buoy lines
must be marked with three 12 inch
(30.5. 48 cm), colored marks unique to
particular fishing areas: one at the top
of the buoy line, one midway along the
buoy line, and one at the bottom of the
buoy line. No additional markings are
being proposed at this time. This gear
marking, when observed on entangled
whales, allows fishery managers to
identify the gear type and area the
entangling gear may have originated
from, to tailor management measures to
reduce the risk of mortality and serious
injury of marine mammal incidental to
commercial fishing operations. Without
the information provided by the gearmarking requirements informing where
entanglements occur and what type of
gear is involved, future management
measures may be overly broad and affect
more individuals than necessary.
Therefore, knowing which geographic
areas and fisheries pose the greatest risk
to large whales will minimize the
economic impact to fishermen while
maximizing the benefits for these
species.
II. Method of Collection
Information collected is in the form of
gear marking.
III. Data
OMB Control Number: 0648–0364.
Form Number(s): None.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations, and individuals or
households.
Estimated Number of Respondents:
Approximately 4,008 vessels.
Estimated Time per Response: Each
mark requires approximately 5 minutes
of time.
Estimated Total Annual Burden
Hours: Estimated 3 burden hours each
year, per vessel, for vessels who are remarking existing gear. This results in a
total of 12,024 hours per year total, for
all vessels.
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50409
Estimated Total Annual Cost to
Public: Estimated cost of $2.31 each
year, per vessel, for vessels who are remarking existing gear. This results in a
total expense of $9,258.48 per year, for
all vessels who are re-marking existing
gear.
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.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–20769 Filed 9–24–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
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 the Marine
Mammal Protection Act, the Fur Seal
Act, and/or the Endangered Species
Act
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
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
SUMMARY:
E:\FR\FM\25SEN1.SGM
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Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Notices
jbell on DSK3GLQ082PROD with NOTICES
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before November 25,
2019.
ADDRESSES: Direct all written comments
to Adrienne Thomas, PRA Officer,
NOAA, 151 Patton Avenue, Room 159,
Asheville, NC 28801 (or via the internet
at PRAcomments@doc.gov). Comments
will generally be posted without change.
All Personally Identifiable Information
(for example, name and address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. You may submit
attachments to electronic comments in
Microsoft Word, Excel, or Adobe PDF
file formats.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Amy Sloan or Carrie Hubard,
NOAA Fisheries Office of Protected
Resources, 1315 East-West Highway,
Silver Spring, MD 20910, (301) 427–
8401, Amy.Sloan@noaa.gov or
Carrie.W.Hubard@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This request is for a revision and
extension of a currently approved
information collection.
The Marine Mammal Protection Act
(16 U.S.C. 1361 et seq.; MMPA), Fur
Seal Act (16 U.S.C. 1151 et seq.; FSA),
and Endangered Species Act (16 U.S.C.
1531 et seq.; ESA) prohibit certain
activities affecting marine mammals and
endangered and threatened species,
with exceptions. Pursuant to Section
104 of the MMPA and Section
10(a)(1)(A) of the ESA, special exception
permits may be obtained for scientific
research and enhancing the survival or
recovery of a species or stock of marine
mammals or endangered or threatened
species. Section 104 of the MMPA also
provides for Letters of Confirmation
under a General Authorization for
scientific research and permits for
commercial and educational
photography of marine mammals that
involve only Level B harassment of
marine mammals; permits for capture
and/or import of marine mammals for
public display; and inventory reporting
pertaining to marine mammals in public
display facilities.
The regulations pertaining to permits
and associated reporting requirements
under the MMPA and FSA are at 50 CFR
part 216; the regulations for permit
requirements under the ESA are at 50
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18:25 Sep 24, 2019
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CFR part 222. The required information
in this collection is used to make the
determinations required by the MMPA,
FSA, ESA and their implementing
regulations prior to issuing a permit; to
establish appropriate permit conditions;
to evaluate the impacts of the proposed
activity on protected species; and, to
ensure compliance with the Acts. The
marine mammal inventory forms ensure
compliance with MMPA reporting
requirements and allow NMFS to
maintain the National Inventory of
Marine Mammals (NIMM), as required
by the MMPA.
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: Sawfish
(largetooth and smalltooth), sea turtles
(in water), sturgeon (Atlantic and
shortnose), and certain foreign ESAlisted species. This information
collection may be used for future ESAlisted species.
We propose to revise the currentlyapproved special exception permit
application instructions to: (1) Improve
readability by changing the font, adding
color, removing jargon, eliminating
extraneous text, incorporating bullets
and numbered lists, and reorganizing
sentence structure; (2) be more userfriendly by consolidating pages,
shortening and moving background
information to the end, and removing
sections that don’t apply to specific
permit types; (3) eliminate the
requirement for applicants to provide
scientific names of protected species; (4)
update the information required to use
unmanned aircraft systems; (5) reduce
time spent asking for additional
information from applicants by
eliminating the requirement for
proposed take numbers to be included
in both the narrative and table sections
of the application; (6) require most
permit personnel to use a specialized
qualifications form instead of
submitting resumes, thus reducing time
spent clarifying personnel experience;
(7) provide examples of qualification
forms for different personnel types; (8)
provide detailed procedure options for
those requesting parts permits; (9) put
questions about potential effects to the
environment in plain language; (10)
improve organizational structure of the
public display instructions, since those
applicants do not submit via our online
system; and (11) include examples of
take tables for import and capture from
the wild in the public display
instructions. In addition, we propose to
remove the requirement that permit
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applicants provide the name and
contact information of Authorized
Recipients who may receive protected
species parts. Moving forward, we
propose to allow permit holders to
designate their own Authorized
Recipients, which will give them more
flexibility and autonomy and will save
time by removing the need to request an
authorization letter. We also propose to
make photography and parts permit
applications accessible via our online
application system known as APPS
(Authorizations and Permits for
Protected Species; https://
apps.nmfs.noaa.gov).
The MMPA requires NMFS to
establish and maintain an inventory of
marine mammals in zoos and
aquariums. On February 15, 2019, we
published a Federal Register notice (84
FR 4443) seeking comment on policies
and procedures for implementing
NMFS’ National Inventory of Marine
Mammals (NIMM). We extended the
public comment period to July 31, 2019
(84 FR 15593). After review and
consideration of public comments
(available at: https://
www.regulations.gov/docket?D=NOAANMFS-2019-0012), we are proposing
certain inventory reporting revisions.
Public access to NIMM is not the subject
of this notice and is not addressed here.
We will provide a separate opportunity
to comment on public access to NIMM.
This notice only pertains to inventory
reporting requirements.
In addition to providing holders of
marine mammals (i.e., Owners and
Facilities) electronic forms to complete
and submit marine mammal inventory
information via email, fax, or mail (as is
currently done), we propose to make the
online inventory, NIMM, accessible to
holders of marine mammals for those
who would like to report their inventory
information online. We propose
revisions to the current inventory form
known as the marine mammal data
sheet (MMDS) to (1) define birth and
clarify that a birth must be reported if
the marine mammal is born alive, no
matter how long it lives; (2) clarify that
stillbirths are not required to be
reported; and (3) standardize reporting
of cause of death (when determined) to
include a simple, two-tier system that
reflects the primary body system or
circumstance of the cause of death (Tier
1) with the significant findings
underlying that body system or
circumstance (Tier 2). This information
could also be entered in the online
format noted above. Below we respond
to comments received regarding these
three points during the February 15 to
July 31, 2019 comment period on
NIMM.
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Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Notices
Birth and Stillbirth: Several
commenters opposed the reporting of
stillbirths, suggested we modify our
proposed definition of birth to clarify it
only pertains to live animals, and
remove any reference to reporting
stillbirths in the cause of death section
of the MMDS. We have done so in the
proposed revised MMDS. One comment
suggested that a stillbirth should be
reported as a birth and that such
information has scientific and welfare
value. While we acknowledge that
information in the inventory is of value
to the U.S. Department of Agriculture,
Animal and Plant Health Inspection
Service (the agency with oversight for
the humane handling care, treatment
and transportation of marine mammals),
we believe that the intent of the
inventory is to track individual marine
mammals over their lifetime. The
inventory requires both birth and death
information for each animal. We
interpret this to imply that a marine
mammal must be born alive to enter the
inventory. We also propose to clarify on
the MMDS that a birth of a live marine
mammal must be reported regardless of
how long the animal lives, as some zoos
and aquariums have interpreted the
requirement to report births as only
including marine mammals in the
inventory if they live for 30 days.
Cause of Death: Some commenters
supported the proposed two-tier system
cause of death reporting as a ‘‘muchneeded improvement’’ and an
‘‘innovative method of standardizing
and reporting’’ to allow ‘‘enough detail
to accurately characterize the event.’’
We received suggestions to improve the
accuracy of the cause of death
information, which we have
incorporated into the revised MMDS.
Once a body system or circumstance is
selected for the underlying cause of
death (Tier 1), multiple selections can
be made from the associated Tier 2
level. However, because we are seeking
the primary body system or
circumstance to be reported, and due to
associated programming challenges, we
propose that only a single Tier 1 factor
may be selected at this time.
We also received opposing comments
to the use of the two-tier system,
including that it exceeded the required
statement of ‘‘cause of death,’’ was ‘‘too
complicated,’’ should only have one
tier, and could only be based on
findings that would be developed
through a necropsy. We first clarify that
we do not require necropsy reports be
submitted to the inventory to report
cause of death. The MMPA states that
cause of death must be reported ‘‘when
determined,’’ implying that analyses be
performed (such as necropsy and tissue
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18:25 Sep 24, 2019
Jkt 247001
analysis, as is standard when
determining cause of death), before
reporting it to the inventory. As one
commenter noted, cause of death
reporting has been ‘‘uneven and
variable’’ via ad libitum reports of death
as provided in a text field. For example,
we have received reports with vague
information such as ‘‘expired after a
prolonged illness’’ compared to reports
with information such as ‘‘metastatic
squamous cell carcinoma.’’ The two-tier
system provides a mechanism to
provide a standardized, simple
statement of the cause of death (e.g.,
Liver [Tier 1 Body System]; Cancer/
Neoplastic—Primary [Tier 2 Significant
Finding]).
Additional Comments: Regarding
additional comments we received such
as on historical information in NIMM
and providing a mechanism for zoos
and aquariums to verify the accuracy of
their information in NIMM, we propose
to address those comments in a separate
notice prior to making NIMM available
for online reporting by marine mammal
holders. As mentioned previously,
public access to NIMM will be
addressed in a separate notice.
II. Method of Collection
Currently-approved permit
applications, permit report form
information, and inventory forms are
available as downloadable Word or PDF
versions online at https://
www.fisheries.noaa.gov/permits-andforms#protected-resources or via email.
Respondents may submit all
applications, forms, and reports by
email, facsimile, or mail. Respondents
may currently also submit scientific
research and enhancement permit
applications (including parts permit
applications) and Letters of Intent under
the General Authorization online via
APPS. Reports for most permits can be
submitted online via APPS.
Under the proposed revision, in
addition to the modes of access and
submission listed above, photography
permit applications would be made
available online via APPS, a simplified
parts permit application module would
be developed in APPS, and marine
mammal inventory reporting would be
made available online via NIMM.
III. Data
OMB Control Number: 0648–0084.
Form Number(s): None.
Type of Review: Regular submission
(revision and extension of previouslyapproved collection).
Affected Public: Individuals; Business
or other for-profit organizations; Not-forprofit institutions; State, Local, or Tribal
government; Federal government.
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50411
Estimated Number of Respondents:
415. This is the estimated total number,
annually, of persons or organizations
anticipated to (1) apply for an MMPA,
FSA, and/or ESA permit or
authorization; (2) submit annual permit
reports and modification requests; and
(3) submit marine mammal inventory
reports. This number is, respectively,
based on (1) the number of permit
applications anticipated to be received
annually (from reviewing data from
2016–2018); (2) the number of current
permit holders required to submit
annual reports and who may request to
modify their permit; and (3) the total
number of currently active marine
mammal facilities subject to inventory
reporting requirements.
Estimated Time per Response: The
estimated average amount of time it
takes to complete each information
collection instrument is as follows.
Scientific research permit applications,
50 hours; public display permit
applications, 30 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: 6,711.
Estimated Total Annual Cost to
Public: $1,000 in recordkeeping/
reporting costs. This represents costs for
mailing in applications, forms, and
reports. The majority of respondents use
electronic submission formats but some
still mail in applications, forms, and
reports. This estimate excludes time
required to complete the applications,
forms, and reports, and any equipment
such as computers needed to complete
them.
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
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Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Notices
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.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–20767 Filed 9–24–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Estuary Habitat
Restoration Program Inventory
[Formerly National Estuaries
Restoration Inventory]
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
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 November 25,
2019.
SUMMARY:
Direct all written comments
to Adrienne Thomas, PRA Officer,
NOAA, 151 Patton Avenue, Room 159,
Asheville, NC 28801 (or via the internet
at PRAcomments@doc.gov). Comments
will generally be posted without change.
All Personally Identifiable Information
(for example, name and address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. You may submit
attachments to electronic comments in
Microsoft Word, Excel, or Adobe PDF
file formats.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Julia Royster, Office of
Habitat Conservation, Restoration
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ADDRESSES:
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18:25 Sep 24, 2019
Jkt 247001
Center, 1315 East-West Highway, Silver
Spring, MD 20910, 301–427–8686, or
julia.royster@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This request is for a revision and
renewal of a currently approved biannual information collection. The
Estuary Restoration Act of 2000
established an Estuary Habitat
Restoration Program that provides
funding to restoration projects. Funded
projects are required to complete the
collection tool so project information
(e.g., location, habitat type, goals, status,
monitoring information) can be
included in the Estuary Habitat
Restoration Program database mandated
by the Estuary Restoration Act of 2000.
The benefit of data collection is to
document the restoration actions
implemented, as well as the monitoring
results to understand the success of
each project. Estuary habitat restoration
program project information will be
submitted by habitat restoration project
managers and will be accessible to the
public via internet. The collection
method includes paper or electronic
forms, not web-based data entry.
II. Method of Collection
Respondents have a choice of either
electronic or paper forms. Methods of
submittal include email of electronic
forms, and mail and facsimile
transmission of paper forms.
III. Data
OMB Control Number: 0648–0479.
Form Number(s): None.
Type of Review: Regular submission
(revision and extension of a currently
approved collection).
Affected Public: Non-profit
institutions; State, local, or tribal
government.
Estimated Number of Respondents:
20.
Estimated Time per Response: Data
entry of new projects, 4 hours; updates
to existing projects, 2 hours.
Estimated Total Annual Burden
Hours: 100.
Estimated Total Annual Cost to
Public: $100 in recordkeeping/reporting
costs.
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)
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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.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–20768 Filed 9–24–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XU003
Marine Fisheries Advisory Committee
Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of open public meeting.
AGENCY:
This notice sets forth the
proposed schedule and agenda of a
forthcoming meeting of the Marine
Fisheries Advisory Committee
(MAFAC). The members will discuss
and provide advice on issues outlined
under SUPPLEMENTARY INFORMATION
below.
DATES: The meeting will be held
October 15 and 16, 2019, from 8:30 a.m.
to 5 p.m., and October 17, from 8:30
a.m. to 1 p.m.
ADDRESSES: The meeting will be held at
the Sheraton Silver Spring Hotel, 8777
Georgia Ave., Silver Spring, MD 20910;
301–589–0800.
FOR FURTHER INFORMATION CONTACT:
Heidi Lovett, MAFAC Assistant
Director; 301–427–8034; email:
Heidi.Lovett@noaa.gov.
SUPPLEMENTARY INFORMATION: As
required by section 10(a)(2) of the
Federal Advisory Committee Act, 5
U.S.C. App. 2, notice is hereby given of
a meeting of MAFAC. The MAFAC was
established by the Secretary of
Commerce (Secretary), and, since 1971,
advises the Secretary on all living
marine resource matters that are the
responsibility of the Department of
Commerce. The complete charter and
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Notices]
[Pages 50409-50412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20767]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Proposed Information Collection; 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 the Marine
Mammal Protection Act, the Fur Seal Act, and/or the Endangered Species
Act
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
[[Page 50410]]
collections, as required by the Paperwork Reduction Act of 1995.
DATES: Written comments must be submitted on or before November 25,
2019.
ADDRESSES: Direct all written comments to Adrienne Thomas, PRA Officer,
NOAA, 151 Patton Avenue, Room 159, Asheville, NC 28801 (or via the
internet at [email protected]). Comments will generally be posted
without change. All Personally Identifiable Information (for example,
name and address) voluntarily submitted by the commenter may be
publicly accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. You may submit
attachments to electronic comments in Microsoft Word, Excel, or Adobe
PDF file formats.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection instrument and instructions should
be directed to Amy Sloan or Carrie Hubard, NOAA Fisheries Office of
Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910,
(301) 427-8401, [email protected] or [email protected].
SUPPLEMENTARY INFORMATION:
I. Abstract
This request is for a revision and extension of a currently
approved information collection.
The Marine Mammal Protection Act (16 U.S.C. 1361 et seq.; MMPA),
Fur Seal Act (16 U.S.C. 1151 et seq.; FSA), and Endangered Species Act
(16 U.S.C. 1531 et seq.; ESA) prohibit certain activities affecting
marine mammals and endangered and threatened species, with exceptions.
Pursuant to Section 104 of the MMPA and Section 10(a)(1)(A) of the ESA,
special exception permits may be obtained for scientific research and
enhancing the survival or recovery of a species or stock of marine
mammals or endangered or threatened species. Section 104 of the MMPA
also provides for Letters of Confirmation under a General Authorization
for scientific research and permits for commercial and educational
photography of marine mammals that involve only Level B harassment of
marine mammals; permits for capture and/or import of marine mammals for
public display; and inventory reporting pertaining to marine mammals in
public display facilities.
The regulations pertaining to permits and associated reporting
requirements 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 to make the
determinations required by the MMPA, FSA, ESA and their implementing
regulations prior to issuing a permit; to establish appropriate permit
conditions; to evaluate the impacts of the proposed activity on
protected species; and, to ensure compliance with the Acts. The marine
mammal inventory forms ensure compliance with MMPA reporting
requirements and allow NMFS to maintain the National Inventory of
Marine Mammals (NIMM), as required by the MMPA.
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: Sawfish (largetooth and smalltooth),
sea turtles (in water), sturgeon (Atlantic and shortnose), and certain
foreign ESA-listed species. This information collection may be used for
future ESA-listed species.
We propose to revise the currently-approved special exception
permit application instructions to: (1) Improve readability by changing
the font, adding color, removing jargon, eliminating extraneous text,
incorporating bullets and numbered lists, and reorganizing sentence
structure; (2) be more user-friendly by consolidating pages, shortening
and moving background information to the end, and removing sections
that don't apply to specific permit types; (3) eliminate the
requirement for applicants to provide scientific names of protected
species; (4) update the information required to use unmanned aircraft
systems; (5) reduce time spent asking for additional information from
applicants by eliminating the requirement for proposed take numbers to
be included in both the narrative and table sections of the
application; (6) require most permit personnel to use a specialized
qualifications form instead of submitting resumes, thus reducing time
spent clarifying personnel experience; (7) provide examples of
qualification forms for different personnel types; (8) provide detailed
procedure options for those requesting parts permits; (9) put questions
about potential effects to the environment in plain language; (10)
improve organizational structure of the public display instructions,
since those applicants do not submit via our online system; and (11)
include examples of take tables for import and capture from the wild in
the public display instructions. In addition, we propose to remove the
requirement that permit applicants provide the name and contact
information of Authorized Recipients who may receive protected species
parts. Moving forward, we propose to allow permit holders to designate
their own Authorized Recipients, which will give them more flexibility
and autonomy and will save time by removing the need to request an
authorization letter. We also propose to make photography and parts
permit applications accessible via our online application system known
as APPS (Authorizations and Permits for Protected Species; https://apps.nmfs.noaa.gov).
The MMPA requires NMFS to establish and maintain an inventory of
marine mammals in zoos and aquariums. On February 15, 2019, we
published a Federal Register notice (84 FR 4443) seeking comment on
policies and procedures for implementing NMFS' National Inventory of
Marine Mammals (NIMM). We extended the public comment period to July
31, 2019 (84 FR 15593). After review and consideration of public
comments (available at: https://www.regulations.gov/docket?D=NOAA-NMFS-2019-0012), we are proposing certain inventory reporting revisions.
Public access to NIMM is not the subject of this notice and is not
addressed here. We will provide a separate opportunity to comment on
public access to NIMM. This notice only pertains to inventory reporting
requirements.
In addition to providing holders of marine mammals (i.e., Owners
and Facilities) electronic forms to complete and submit marine mammal
inventory information via email, fax, or mail (as is currently done),
we propose to make the online inventory, NIMM, accessible to holders of
marine mammals for those who would like to report their inventory
information online. We propose revisions to the current inventory form
known as the marine mammal data sheet (MMDS) to (1) define birth and
clarify that a birth must be reported if the marine mammal is born
alive, no matter how long it lives; (2) clarify that stillbirths are
not required to be reported; and (3) standardize reporting of cause of
death (when determined) to include a simple, two-tier system that
reflects the primary body system or circumstance of the cause of death
(Tier 1) with the significant findings underlying that body system or
circumstance (Tier 2). This information could also be entered in the
online format noted above. Below we respond to comments received
regarding these three points during the February 15 to July 31, 2019
comment period on NIMM.
[[Page 50411]]
Birth and Stillbirth: Several commenters opposed the reporting of
stillbirths, suggested we modify our proposed definition of birth to
clarify it only pertains to live animals, and remove any reference to
reporting stillbirths in the cause of death section of the MMDS. We
have done so in the proposed revised MMDS. One comment suggested that a
stillbirth should be reported as a birth and that such information has
scientific and welfare value. While we acknowledge that information in
the inventory is of value to the U.S. Department of Agriculture, Animal
and Plant Health Inspection Service (the agency with oversight for the
humane handling care, treatment and transportation of marine mammals),
we believe that the intent of the inventory is to track individual
marine mammals over their lifetime. The inventory requires both birth
and death information for each animal. We interpret this to imply that
a marine mammal must be born alive to enter the inventory. We also
propose to clarify on the MMDS that a birth of a live marine mammal
must be reported regardless of how long the animal lives, as some zoos
and aquariums have interpreted the requirement to report births as only
including marine mammals in the inventory if they live for 30 days.
Cause of Death: Some commenters supported the proposed two-tier
system cause of death reporting as a ``much-needed improvement'' and an
``innovative method of standardizing and reporting'' to allow ``enough
detail to accurately characterize the event.'' We received suggestions
to improve the accuracy of the cause of death information, which we
have incorporated into the revised MMDS. Once a body system or
circumstance is selected for the underlying cause of death (Tier 1),
multiple selections can be made from the associated Tier 2 level.
However, because we are seeking the primary body system or circumstance
to be reported, and due to associated programming challenges, we
propose that only a single Tier 1 factor may be selected at this time.
We also received opposing comments to the use of the two-tier
system, including that it exceeded the required statement of ``cause of
death,'' was ``too complicated,'' should only have one tier, and could
only be based on findings that would be developed through a necropsy.
We first clarify that we do not require necropsy reports be submitted
to the inventory to report cause of death. The MMPA states that cause
of death must be reported ``when determined,'' implying that analyses
be performed (such as necropsy and tissue analysis, as is standard when
determining cause of death), before reporting it to the inventory. As
one commenter noted, cause of death reporting has been ``uneven and
variable'' via ad libitum reports of death as provided in a text field.
For example, we have received reports with vague information such as
``expired after a prolonged illness'' compared to reports with
information such as ``metastatic squamous cell carcinoma.'' The two-
tier system provides a mechanism to provide a standardized, simple
statement of the cause of death (e.g., Liver [Tier 1 Body System];
Cancer/Neoplastic--Primary [Tier 2 Significant Finding]).
Additional Comments: Regarding additional comments we received such
as on historical information in NIMM and providing a mechanism for zoos
and aquariums to verify the accuracy of their information in NIMM, we
propose to address those comments in a separate notice prior to making
NIMM available for online reporting by marine mammal holders. As
mentioned previously, public access to NIMM will be addressed in a
separate notice.
II. Method of Collection
Currently-approved permit applications, permit report form
information, and inventory forms are available as downloadable Word or
PDF versions online at https://www.fisheries.noaa.gov/permits-and-forms#protected-resources or via email. Respondents may submit all
applications, forms, and reports by email, facsimile, or mail.
Respondents may currently also submit scientific research and
enhancement permit applications (including parts permit applications)
and Letters of Intent under the General Authorization online via APPS.
Reports for most permits can be submitted online via APPS.
Under the proposed revision, in addition to the modes of access and
submission listed above, photography permit applications would be made
available online via APPS, a simplified parts permit application module
would be developed in APPS, and marine mammal inventory reporting would
be made available online via NIMM.
III. Data
OMB Control Number: 0648-0084.
Form Number(s): None.
Type of Review: Regular submission (revision and extension of
previously-approved 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: 415. This is the estimated total
number, annually, of persons or organizations anticipated to (1) apply
for an MMPA, FSA, and/or ESA permit or authorization; (2) submit annual
permit reports and modification requests; and (3) submit marine mammal
inventory reports. This number is, respectively, based on (1) the
number of permit applications anticipated to be received annually (from
reviewing data from 2016-2018); (2) the number of current permit
holders required to submit annual reports and who may request to modify
their permit; and (3) the total number of currently active marine
mammal facilities subject to inventory reporting requirements.
Estimated Time per Response: The estimated average amount of time
it takes to complete each information collection instrument is as
follows. Scientific research permit applications, 50 hours; public
display permit applications, 30 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: 6,711.
Estimated Total Annual Cost to Public: $1,000 in recordkeeping/
reporting costs. This represents costs for mailing in applications,
forms, and reports. The majority of respondents use electronic
submission formats but some still mail in applications, forms, and
reports. This estimate excludes time required to complete the
applications, forms, and reports, and any equipment such as computers
needed to complete them.
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
[[Page 50412]]
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.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the Chief Information Officer,
Commerce Department.
[FR Doc. 2019-20767 Filed 9-24-19; 8:45 am]
BILLING CODE 3510-22-P
