Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Notices 28815 

interactions with protected species. 

NMFS had sought to withdraw its 

proposed hard caps rule, after public 

comment had demonstrated closures 

would cause fishermen economic 

hardships NMFS had not anticipated. In 

February 2021, the federal court in the 

District of Columbia vacated the rule, 

agreeing that NMFS had found that the 

rule did not comply with National 

Standard 7’s requirement to, where 

practicable, minimize costs and avoid 

unnecessary duplication. 

NMFS made a NID for the CA thresher 

shark/swordfish drift gillnet fishery’s 

current bycatch using the process 

outlined in the directive, and, based on 

the best available scientific information 

(NMFS 2020). While implementation of 

future fishery management actions in 

the CA thresher shark/swordfish drift 

gillnet fishery could affect marine 

mammal bycatch rates, consideration of 

those actions are not relevant to or 

needed to support the determinations 

for this permit. 

Comment 4: Oceana comments 

NMFS’s NID is biased towards inflating 

PBR and underestimating M/SI in the 

CA drift gillnet fishery. They state that, 

in 2016, NMFS established separate 

DPSs for humpback whales, including 

the Mexican and Central American 

DPSs. However, both the SAR and NID 

combine the Mexican and Central 

American DPSs into the CA/OR/WA 

stock of humpback whale and do not 

consider declines in the humpback 

population since 2018. 

Oceana also notes that the NID 

analysis does not include two observed 

entanglements in drift gillnet gear in 

2021. They note that observer coverage 

for the 2021–22 fishing season is not yet 

available, as the fishing season has not 

concluded. However, using an estimate 

of 20 percent observer coverage, the two 

observed entanglements would be 

approximately five total takes using a 

ratio estimator approach. 

Response: Humpback whales were 

listed globally as endangered under the 

ESA in 1970 (35 FR 18319). On 

September 8, 2016, NMFS published a 

final rule dividing the globally listed 

endangered humpback whale into 14 

DPSs and categorizing four DPSs as 

endangered and one as threatened (81 

FR 62259). NMFS is in the process of 

revising humpback whale stock 

structure under the MMPA in light of 

the 2016 final rule on humpback whale 

DPSs as established under the ESA. In 

doing so, NMFS is following the process 

laid out in ‘‘Procedural Directive 02– 

204–03: Reviewing and Designating 

Stocks and Issuing Stock Assessment 

Reports under the Marine Mammal 

Protection Act’’ (NMFS 2019). As noted 

by the commenter, the CA/OR/WA stock 

of humpback whales does not align with 

the DPSs established under the ESA and 

comprises animals from the endangered 

Central American DPS, the threatened 

Mexico DPS, and the unlisted Hawaii 

DPS. 

Because we cannot manage one 

portion of an MMPA stock as ESA-listed 

and another portion of a stock as not 

ESA-listed, until humpback whale stock 

structure has been revised, NMFS 

continues to use the existing MMPA 

stock structure for MMPA management 

purposes, including NIDs and 

101(a)(5)(E) authorizations. Therefore, 

for purposes of evaluating the impact of 

the CA thresher shark/swordfish drift 

gillnet fishery under the MMPA, NMFS 

used the current MMPA designation of 

the CA/OR/WA stock of humpback 

whales. In the case of the CA/OR/WA 

stock of humpback whales, for the 

purposes of this NID analysis, NMFS 

considers the entire stock to be 

endangered under the ESA and depleted 

under the MMPA. In addition, because 

the CA/OR/WA humpback whale stock 

is considered to be transboundary, 

NMFS assumed NITt is exceeded and 

conducted the more conservative Tier 2 

analysis with the lower NITs criterion. 

The most recent (draft 2021) CA/OR/ 

WA humpback whale SAR has 

documented M/SI of the CA/OR/WA 

stock of humpback whale incidental to 

this fishery (Carretta et al. 2021). The 

draft 2021 SAR includes observer data 

through the 2019 fishing season. NMFS 

anticipates that future SARs will 

incorporate bycatch estimates for the CA 

thresher shark/swordfish drift gillnet 

fishery that include recent observed M/ 

SI in 2021 after they have been 

completed. 

Given this approach and ongoing 

efforts to revise humpback whale stock 

structure in the Pacific, NMFS has 

proceeded with a final NID for the CA 

thresher shark/swordfish drift gillnet 

fishery with respect to the CA/OR/WA 

stock of humpback whales and is 

issuing a 101(a)(5)(E) permit for this 

fishery. Nevertheless, if, during the 3- 

year authorization, there is a significant 

change in the information or conditions 

used to support any of these 

determinations, including a change in 

MMPA stock structure and associated 

estimates of abundance and M/SI 

incidental to commercial fisheries, 

NMFS may re-evaluate the NID. 

References 

Carretta, J.W., K.A. Forney, E.M. Olson, D.W. 

Weller, A.R. Lang, J. Baker, M.M. Muto, 

B. Hanson, A.J. Orr, J. Barlow, J.E. 

Moore, and R.L. Brownell. 2021. Draft 

U.S. Pacific Marine Mammal Stock 

Assessments: 2021. NOAA–TM–NMFS– 

SWFSC–XXX. 

Carretta, J.W., K.A. Forney, E.M. Olson, D.W. 

Weller, A.R. Lang, J. Baker, M.M. Muto, 

B. Hanson, A.J. Orr, J. Barlow, J.E. 

Moore, and R.L. Brownell. 2021. U.S. 

Pacific Marine Mammal Stock 

Assessments: 2020. NOAA–TM–NMFS– 

SWFSC–646. 

National Marine Fisheries Service (NMFS). 

2020. National Marine Fisheries Service 

Procedure 02–204–02: Criteria for 

Determining Negligible Impact under 

MMPA Section 101(a)(5)(E). 20 p. 

Available online: https://

www.fisheries.noaa.gov/national/lawsand-policies/protected-resources-policydirectives. 

National Marine Fisheries Service (NMFS). 

2019. National Marine Fisheries Service 

Procedure 02–204–03: Reviewing and 

designating stocks and issuing Stock 

Assessment Reports under the Marine 

Mammal Protection Act. 9 p. Available 

online: https://www.fisheries.noaa.gov/ 

national/laws-and-policies/protectedresources-policy-directives. 

National Marine Fisheries Service (NMFS). 

2016. National Marine Fisheries Service 

Procedure 02–204–01: Guidelines for 

preparing stock assessment reports 

pursuant to the 1994 amendments to the 

Marine Mammal Protection Act. 23 p. 

Available online: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/guidelinesassessing-marine-mammal-stocks. 

National Marine Fisheries Service (NMFS). 

2014. National Marine Fisheries Service 

Procedure 02–238–01: Process for 

Distinguishing Serious from Non-Serious 

Injury of Marine Mammals. 42 p. 

Available online: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-protection-act-policiesguidance-and-regulations. 

Dated: May 5, 2022. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–10066 Filed 5–10–22; 8:45 am] 

BILLING CODE 3510–22–P 

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; Highly Migratory Species 

Tournament Registration and 

Reporting 

The Department of Commerce will 

submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 


jspears on DSK121TN23PROD with NOTICES1
28816 Federal Register / Vol. 87, No. 91 / Wednesday, May 11, 2022 / Notices 

1995, on or after the date of publication 

of this notice. We invite 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. Public 

comments were previously requested 

via the Federal Register on February 4, 

2022, during a 60-day comment period. 

This notice allows for an additional 30 

days for public comments. 

Agency: National Oceanic & 

Atmospheric Administration (NOAA), 

Commerce. 

Title: Highly Migratory Species 

Tournament Registration and Reporting. 

OMB Control Number: 0648–0323. 

Form Number(s): None. 

Type of Request: Regular submission 

(extension of a current information 

collection). 

Number of Respondents: 300. 

Average Hours per Response: 

Tournament registration, 2 minutes; 

tournament summary report, 20 

minutes. 

Total Annual Burden Hours: 110. 

Needs and Uses: This request is for 

extension of a currently approved 

information collection. Under the 

provisions of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (16 U.S.C. 1801 et seq.), NOAA’s 

National Marine Fisheries Service 

(NMFS) is responsible for management 

of the nation’s marine fisheries. Existing 

regulations require operators of 

tournaments involving Atlantic highly 

migratory species (HMS; Atlantic 

swordfish, sharks, billfish, and tunas) to 

register four weeks in advance of the 

tournament. Operators must provide 

contact information and the 

tournament’s date(s), location(s), and 

target species. If selected by NMFS, 

operators are required to submit an 

HMS tournament summary report 

within seven days after tournament 

fishing has ended. Most of the catch 

data in the summary report is routinely 

collected in the course of regular 

tournament operations. NMFS uses the 

data to estimate the total annual catch 

of HMS and the impact of tournament 

operations in relation to other types of 

fishing activities. In addition, HMS 

tournament registration provides a 

method for tournament operators to 

request educational and regulatory 

outreach materials from NMFS. No 

changes to the reporting requirements 

are being made at this time.. 

Affected Public: Business or other forprofit organizations; Not-for-profit 

institutions. 

Frequency: Annually; on occasion. 

Respondent’s Obligation: Mandatory. 

Legal Authority: Magnuson-Stevens 

Fishery Conservation and Management 

Act (16 U.S.C. 1801 et seq.), and the 

Atlantic Tunas Convention Act of 1975 

(16 U.S.C. 971 et seq.) 

This information collection request 

may be viewed at www.reginfo.gov. 

Follow the instructions to view the 

Department of Commerce collections 

currently under review by OMB. 

Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function and 

entering either the title of the collection 

or the OMB Control Number 0648–0323. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Chief Information Officer, Commerce 

Department. 

[FR Doc. 2022–10112 Filed 5–10–22; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No. CPSC–2012–0056] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Safety Standard for 

Omnidirectional Citizens Band Base 

Station Antennas 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: Pursuant to the Paperwork 

Reduction Act of 1995, the Consumer 

Product Safety Commission 

(Commission or CPSC) requests 

comments on a proposed extension of 

approval for a collection of information 

associated with the Commission’s Safety 

Standard for Omnidirectional Citizens 

Band Base Station Antennas, approved 

previously under OMB Control No. 

3041–0006. CPSC will consider all 

comments received in response to this 

notice before requesting an extension of 

this collection of information from the 

Office of Management and Budget 

(OMB). 

DATES: Submit written or electronic 

comments on the collection of 

information by July 11, 2022. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2012– 

0056, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: https://

www.regulations.gov. Follow the 

instructions for submitting comments. 

CPSC typically does not accept 

comments submitted by electronic mail 

(email), except as described below. 

CPSC encourages you to submit 

electronic comments by using the 

Federal eRulemaking Portal, as 

described above. 

Mail/Hand Delivery/Courier/ 

Confidential Written Submissions: 

Submit comments by mail, hand 

delivery, or courier to: Division of the 

Secretariat, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, MD 20814; telephone: (301) 

504–7479. If you wish to submit 

confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public, you 

may submit such comments by mail, 

hand delivery, or courier, or you may 

email them to: cpsc-os@cpsc.gov. 

Instructions: All submissions must 

include the agency name and docket 

number. CPSC may post all comments 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to: 

https://www.regulations.gov. Do not 

submit through this website: 

Confidential business information, trade 

secret information, or other sensitive or 

protected information that you do not 

want to be available to the public. If you 

wish to submit such information, please 

submit it according to the instructions 

for mail/hand delivery/courier/ 

confidential written submissions. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: https://

www.regulations.gov, and insert the 

docket number, CPSC–2012–0056, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Gillham, Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, MD 20814; (301) 

504–7991, or by email to: cgillham@

cpsc.gov. 

SUPPLEMENTARY INFORMATION: CPSC 

seeks to renew the following currently 

approved collection of information: 

Title: Safety Standard for 

Omnidirectional Citizens Band Base 

Station Antennas. 

OMB Number: 3041–0006. 

Type of Review: Renewal of 

collection. 

Frequency of Response: On occasion. 

Affected Public: Manufacturers, 

importers, and private labelers of 


jspears on DSK121TN23PROD with NOTICES1