[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Pages 30905-30906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13156]



Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management 
and Budget (OMB) for clearance the following proposal for collection of 
information under the provisions of the Paperwork Reduction Act (44 
U.S.C. Chapter 35).
    Agency: National Oceanic and Atmospheric Administration (NOAA).
    Title: Highly Migratory Species (HMS) Scientific Research Permits, 
Exempted Fishing Permits, Letters of Acknowledgment, Display Permits, 
and Shark Research Fishery Permits.
    OMB Control Number: 0648-0471.
    Form Number(s): NA.
    Type of Request: Regular submission (extension with revisions of a 
current information collection).
    Number of Respondents: 75.
    Average Hours per Response: Research plans, 2 hours; permit 
applications and annual reports, 40 minutes; amendments to permits, 15 
minutes; interim reports, 1 hour; departure calls for collection of 
display animals, 5 minutes; notifications for observer coverage, 10 
minutes; tag applications, 2 minutes.
    Burden Hours: 236.
    Needs and Uses: Exempted Fishing Permits (EFPs), Scientific 
Research Permits (SRPs), Display Permits, Letters of Acknowledgment 
(LOAs), and Shark Research Permits are issued under the authority of 
the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.) 
and/or the Atlantic Tunas Convention Act (ATCA) (16 U.S.C. 971 et 
seq.). Issuance of EFPs and related permits are necessary for the 
collection of Highly Migratory Species (HMS) for public display and 
scientific research that is exempt from regulations (e.g., seasons, 
prohibited species, authorized gear, and minimum sizes) that may 
prohibit the collection of live animals or biological samples. A 
Display Permit is issued for the collection of HMS for the purpose of 
public display whereas a Shark Research Permit allows the National 
Marine Fisheries Service (NMFS) and commercial shark fishermen to 

[[Page 30906]]

cooperative research to collect fishery-dependent data for management 
of the Atlantic shark fishery.
    Regulations at 50 CFR 600.745 and 50 CFR 635.32 govern scientific 
research activity, exempted fishing, and exempted educational 
activities with respect to Atlantic HMS. Since the Magnuson-Stevens Act 
does not consider scientific research to be ``fishing,'' scientific 
research is exempt from this statute, and NMFS does not issue EFPs for 
bona fide research activities (e.g., research conducted from a research 
vessel and not a commercial or recreational fishing vessel) involving 
species that are regulated only under the Magnuson-Stevens Act (e.g., 
most species of sharks) and not under ATCA. NMFS requests copies of 
scientific research plans for these activities and indicates 
concurrence by issuing a LOA to researchers to indicate that the 
proposed activity meets the definition of research and is therefore 
exempt from regulation.
    Scientific research is not exempt from regulation under ATCA. NMFS 
issues SRPs for collection of species managed under this statute (e.g., 
tunas, swordfish, billfish), which authorize researchers to collect HMS 
from bona fide research vessels (e.g., NMFS or university research 
vessel.) NMFS will issue an EFP when research/collection involving 
Atlantic tunas, swordfish, and billfishes occurs from commercial or 
recreational fishing platforms.
    To regulate these fishing activities, NMFS needs information to 
determine the justification of granting an EFP, LOA, SRP, Display or 
Shark Research Permit. The application requirements are detailed at 50 
CFR 600.745(b)(2). Interim, annual and no-catch/fishing reports must 
also be submitted to the HMS Management Division within NMFS. The 
authority for the HMS Management Division for requiring this 
information is found at 50 CFR 635.32(a).
    Revisions: Shark research permit application forms are now separate 
from those for other research permits. In addition, shark research 
observers are no longer required to apply for research permits.
    Affected Public: Business or other for-profit organizations.
    Frequency: Annually and on occasion.
    Respondent's Obligation: Required to obtain or maintain benefits.
    OMB Desk Officer: [email protected].
    Copies of the above information collection proposal can be obtained 
by calling or writing Diana Hynek, Departmental Paperwork Clearance 
Officer, (202) 482-0266, Department of Commerce, Room 6616, 14th and 
Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at 
[email protected]).
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to [email protected].

    Dated: May 24, 2011.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2011-13156 Filed 5-26-11; 8:45 am]