Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Limits of Application of Take Prohibitions, 4002 [2022-01485]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 17 (Wednesday, January 26, 2022)]
[Notices]
[Page 4002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01485]



[[Page 4002]]

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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; Limits of Application of Take Prohibitions

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 notice is to allow for 60 days of public comment 
preceding submission of the collection to OMB.

DATES: To ensure consideration, comments regarding this proposed 
information collection must be received on or before March 28, 2022.

ADDRESSES: Interested persons are invited to submit written comments to 
Adrienne Thomas, NOAA PRA Officer, at [email protected]. Please 
reference OMB Control Number 0648-0399 in the subject line of your 
comments. 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 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.

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.
    Respondent's Obligation: Required to Obtain or Retain Benefits.
    Legal Authority: Section 4(d) of the Endangered Species Act of 1973 
(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 ICR. 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 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,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2022-01485 Filed 1-25-22; 8:45 am]
BILLING CODE 3510-22-P