Green Sturgeon ESA 4(d) Rule Take Exceptions and Exemptions

OMB Control No: 0648-0613	ICR Reference No: 201912-0648-009
Status: Historical Active	Previous ICR Reference No: 201611-0648-007
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Green Sturgeon ESA 4(d) Rule Take Exceptions and Exemptions
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/02/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/06/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2023	36 Months From Approved	10/31/2020
Responses	47	0	58
Time Burden (Hours)	1,510	0	1,760
Cost Burden (Dollars)	126	0	155

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Abstract: The National Marine Fisheries Service (NMFS) listed the Southern Distinct Population Segment of North American green sturgeon (Acipenser medirostris; hereafter, “Southern DPS”) as a threatened species in April 2006. In June 2010, NMFS established protective regulations for the Southern DPS under an ESA 4(d) rule. This 4(d) rule prohibits the take of Southern DPS green sturgeon, but also established exceptions and exemptions from the take prohibitions for certain activities that meet the criteria described in the 4(d) rule. To ensure that activities meet the 4(d) criteria for an exception or exemption, the affected entities (including local, state, and federal agencies; tribes; non-governmental organizations; academic researchers; and private organizations) are asked to submit information regarding their activity, on a schedule to be determined by NMFS staff. NMFS uses this information to (1) evaluate the effects of each action on the Southern DPS; (2) confirm or approve requests for exceptions or exemptions; (3) track the number of Southern DPS fish taken as a result of each action; and (4) evaluate the effectiveness of protections for the Southern DPS and the need for additional protections or changes to the exceptions/exemptions.

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Authorizing Statute(s): US Code: 16 USC 1361 Name of Law: Endangeres Species Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 47497	09/10/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 70961	12/26/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

IC Title Form No. Form Name Emergency Fish Rescue Report FMEP report (biannual, annualized) Fishery Management and Evaluation Plans Habitat Restoration Exception Report Habitat Restoration Exception Research Reports Research applications Scientific Research/Monitoring Exception Scientific Resesarch/Monitoring Exception Report State Research Program Tribal Fishery Management Plans

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	47	58	0	0	-11	0
Annual Time Burden (Hours)	1,510	1,760	0	0	-250	0
Annual Cost Burden (Dollars)	126	155	0	0	-29	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Reduced responses to account for habitat restoration exceptions, state research programs, and decreased interest in developing an FMEP. Number of burden hours and cost burden are reduced accordingly.

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Annual Cost to Federal Government: $59,840

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Susan Wang 5629804199

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 01/06/2020

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