[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Pages 41375-41376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17092]



National Oceanic and Atmospheric Administration

Proposed Information Collection; Comment Request; Limits on 
Applications of Take Prohibitions

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 

ACTION: Notice.


SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before September 11, 

ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th 
and Constitution Avenue NW., Washington, DC 20230 (or via the Internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Steve Stone at (503) 231-2317, or [email protected].


I. Abstract

    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

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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 22 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.

II. Method of Collection

    Submissions may be in paper or electronic format.

III. Data

    OMB Control Number: 0648-0399.
    Form Number: None.
    Type of Review: Regular submission (extension of a currently 
approved information collection).
    Affected Public: State, Local, or Tribal Government; business or 
other for-profit organizations.
    Estimated Number of Respondents: 301.
    Estimated Time per Response: 20 hours for a road maintenance 
agreement; 5 hours for a diversion screening limit project; 30 hours 
for an urban development package; 10 hours for an urban development 
report; 20 hours for a tribal plan; and 5 hours for a report of aided, 
salvaged, or disposed of salmonids.
    Estimated Total Annual Burden Hours: 1,705.
    Estimated Total Annual Cost to Public: $1,000.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: July 10, 2012.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 2012-17092 Filed 7-12-12; 8:45 am]