[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Rules and Regulations]
[Pages 77528-77529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31216]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

[Docket No. 070910507-0576-03]
RIN 0648-AV94


Endangered and Threatened Wildlife and Plants: Final Rulemaking 
To Establish Take Prohibitions for the Threatened Southern Distinct 
Population Segment of North American Green Sturgeon; Permit and 
Reporting Requirements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; approval of collection-of-information requirements.

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

SUMMARY: NMFS announces the approval of collection-of-information 
requirements contained in protective regulations established under the 
Endangered Species Act (ESA) for the threatened Southern Distinct 
Population Segment of North American green sturgeon (Acipenser 
medirostris; hereafter, Southern DPS). The intent of this final rule is 
to inform the public of the permitting and reporting requirements.

DATES: The amendment to 15 CFR 902.1 is effective January 12, 2011. The 
collection-of-information requirements in 50 CFR 223.210 are approved 
on January 12, 2011.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this final rule may be submitted to the Assistant Regional 
Administrator, Protected Resources Division, Southwest Region (SWR), 
NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213, 
and by e-mail to <a href="/cdn-cgi/l/email-protection#6827213a29373b1d0a05011b1b0107062807050a460d0718460f071e"><span class="__cf_email__" data-cfemail="c08f8992819f93b5a2ada9b3b3a9afae80afada2eea5afb0eea7afb6">[email protected]</span></a> or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Melissa Neuman, NMFS SWR, 562-980-
4115.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is also accessible at the Web site 
of the Office of the Federal Register: http://www.gpoaccess.gov/fr/index.html.

Background

    A final rule to establish protective regulations under section 4(d) 
of the ESA for the Southern DPS was published in the Federal Register 
on June 2, 2010 (75 FR 30714) (the final ESA 4(d) Rule). The final ESA 
4(d) Rule, other than the collection-of-information requirements, went 
into effect on July 2, 2010. When the final rule was published, the 
Office of Management and Budget (OMB) had not yet approved the 
collection-of-information requirements under the Paperwork Reduction 
Act (PRA), and therefore the effective date of the permitting and 
reporting requirements in that rule was delayed. No public comments 
were received regarding the permitting and reporting requirements in 
the final ESA 4(d) Rule.
    OMB approved the collection-of-information requirements contained 
in the final ESA 4(d) Rule on October 5, 2010. Accordingly, this final 
rule announces the approval January 12, 2011 of the collection-of-
information requirements at 50 CFR 223.210, as published in the final 
ESA 4(d) Rule.
    Under NOAA Administrative Order 205-11, dated December 17, 1990, 
the Under Secretary for Oceans and Atmosphere has delegated authority 
to sign material for publication in the Federal Register to the 
Assistant Administrator for Fisheries, NOAA.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.
    This final rule concerns the following collection-of-information 
requirements subject to the PRA and approved by OMB under control 
number 0648-0613: (1) Exception for Federal, State, or private-
sponsored research or monitoring--written notification regarding 
Federal, State, or private-sponsored research or monitoring activities 
that meet the exception criteria in the ESA 4(d) Rule, to be submitted 
at least 60 days prior to the start of the research or monitoring 
activities, and regular reports summarizing project results and total 
numbers of takes of ESA listed species, to be submitted on a schedule 
to be determined by NMFS; (2) Exception for habitat restoration 
activities--written notification regarding habitat restoration 
activities that meet the exception criteria in the ESA 4(d) Rule, to be 
submitted at least 60 days prior to the start of the restoration 
project, and regular progress reports to be submitted on a schedule to 
be determined by NMFS; (3) Exception for emergency fish rescue 
activities--written reports regarding emergency fish rescue activities 
conducted under the ESA 4(d) Rule exception, to be submitted within 30 
days after conducting emergency fish rescue activities; (4) Fishery 
Management and Evaluation Plans (FMEPs) for NMFS review and approval 
and biannual reports providing the number of green sturgeon taken in 
the fishery and an evaluation and summary of the effectiveness of the 
FMEP; (5) Tribal Fishery Management Plans (TFMPs) for NMFS review and 
approval; and (6) State ESA 4(d) research programs for NMFS review and 
approval and annual reports summarizing project results and the

[[Page 77529]]

number of green sturgeon taken directly or incidentally for each 
project under the NMFS-approved State ESA 4(d) research program.
    The public reporting burden per response for this collection-of-
information is estimated to average: (1) 40 hours to prepare a written 
notification describing Federal, State, or private-sponsored research 
or monitoring activities that comply with the ESA 4(d) Rule exception 
criteria and 5 hours to prepare reports summarizing those activities; 
(2) 40 hours to prepare a written notification describing habitat 
restoration activities that comply with the ESA 4(d) Rule exception 
criteria and 5 hours to prepare progress reports summarizing those 
activities; (3) 5 hours to prepare reports on emergency fish rescue 
activities for Southern DPS fish; (4) 40 hours for development of an 
FMEP and 5 hours to prepare the biannual reports; (5) 20 hours for 
development of a TFMP; and (6) 40 hours for development of a State ESA 
4(d) research program and 5 hours to prepare the annual reports. These 
estimates include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection-of-information. Send comments 
regarding these burden estimates or any other aspect of this data 
collection, including suggestions for reducing the burden, to the 
Assistant Regional Administrator, Protected Resources Division, SWR, 
NMFS (see ADDRESSES) and by e-mail to <a href="/cdn-cgi/l/email-protection#26696f7467797553444b4f55554f494866494b440843495608414950"><span class="__cf_email__" data-cfemail="f8b7b1aab9a7ab8d9a95918b8b919796b897959ad69d9788d69f978e">[email protected]</span></a> or 
fax to 202-395-7285.

List of Subjects in 15 CFR Part 902

    Reporting and recordkeeping requirements.

    Dated: December 8, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, NMFS amends 15 CFR part 902 as 
follows:

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority:  44 U.S.C. 3501 et seq.

0
2. In Sec.  902.1, amend the table in paragraph (b), under the entry 
``50 CFR'' by adding an entry for ``223.210'' in numerical order, to 
read as follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                             Current OMB control number
 CFR part or section where the information  (all numbers begin with 0648-
     collection requirement is located                    )
------------------------------------------------------------------------
 
                                * * * * *   ............................
50 CFR
 
                                * * * * *
223.210...................................  -0613
 
                                * * * * *
------------------------------------------------------------------------

[FR Doc. 2010-31216 Filed 12-10-10; 8:45 am]
BILLING CODE 3510-22-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>