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, 41887-41888 [2023-13711]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 41887-41888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13711]



[[Page 41887]]

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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 notice is to allow for 60 days of public comment 
preceding submission of the collection to the Office of Management and 
Budget (OMB).

DATES: To ensure consideration, comments regarding this proposed 
information collection must be received on or before August 28, 2023.

ADDRESSES: Interested persons are invited to submit written comments to 
Adrienne Thomas, NOAA PRA Officer, at [email protected]. Please 
reference OMB Control Number 0648-0084 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 Amy Sloan or Carrie Hubard, National Marine Fisheries Service 
(NMFS), Office of Protected Resources, Permits and Conservation 
Division, 1315 East-West Highway, Silver Spring, MD 20910 (301-427-
8401), [email protected] or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The NMFS, Office of Protected Resources, Permits and Conservation 
Division is proposing an extension and revision of the currently 
approved information collection OMB Control Number 0648-0084. The 
information collection request (IRC) 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 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 harm), 
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 the 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 conditions; to evaluate the impacts on protected species; 
and, to ensure compliance with the Acts.
    Information required includes the name, affiliation, contact 
information and qualifications of the applicant and others listed on 
the application; the purpose of the request; the species, age, sex, and 
number of animals; 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.
    For this renewal, the only change we propose is to provide 
additional guidance to improve take number estimates and reporting. The 
intent is to improve the reasonableness of our applicant's take 
estimates and the accuracy of their subsequent reporting. In reviewing 
permit reports, we have found that the takes requested are, in many 
cases, substantially greater than that used. This new guidance will be 
included in all relevant application instructions.

MMPA Section 104 National Inventory of Marine Mammals

    The MMPA requires NMFS to maintain an inventory of marine mammals 
in public display 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. Based on public comment on the previous PRA notice, we simplified 
the blank MMDS to only include information necessary for reporting a 
birth, release, or death, and included definitions for the fields on 
the MMDS. We are not proposing any changes to the MMDS or the other 
NIMM forms at this time.
    Prior to the previous PRA notice, NMFS published a Federal Register 
notice (84 FR 4443; February 15, 2019) and extension (84 FR 15593; 
April 16, 2019) seeking comments on implementing NIMM. After 
consideration of public comments (available at: https://www.regulations.gov/docket?D=NOAA-NMFS-2019-0012), we had proposed

[[Page 41888]]

certain inventory reporting revisions in the previous PRA notice. This 
included proposed revisions 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 via a two-
tier system. We received comments both for and against these proposed 
changes as well as comments about public access to NIMM. Commenters 
also asserted that the use of the February 15, 2019, Federal Register 
notice seeking comment on ``proposed policies and procedures for the 
administration and maintenance of the online inventory database'' did 
not clearly state that the agency would finalize these policies and 
procedures through the PRA process. These same commenters expressed 
concern about the agency's proposal to exclude stillbirths from the 
``birth'' definition.
    The agency takes the views of our constituents seriously and 
because of the substantive comments received, we will not propose those 
changes to NIMM at this time. Instead, the agency will seek public 
comment on the final policies and procedures for NIMM through a 
separate process in the future.

II. Method of Collection

    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 or mail. Respondents may also submit scientific research and 
enhancement permit applications and Letters of Intent under the General 
Authorization via our online application system known as APPS 
(Authorizations and Permits for Protected Species; https://apps.nmfs.noaa.gov).

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 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: 423.
    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.
    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 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 Under Secretary for 
Economic Affairs, Commerce Department.
[FR Doc. 2023-13711 Filed 6-27-23; 8:45 am]
BILLING CODE 3510-22-P