Limits on Application of Take Prohibitions

OMB Control No: 0648-0399	ICR Reference No: 202206-0648-002
Status: Active	Previous ICR Reference No: 201904-0648-006
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Limits on Application of Take Prohibitions
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 with change	Conclusion Date: 11/21/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/23/2022
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2026	36 Months From Approved	11/30/2023
Responses	1,140	0	331
Time Burden (Hours)	167,872	0	935
Cost Burden (Dollars)	0	0	580

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Abstract: This is a request for extension of an approved information collection. 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 endangered species (‘‘take’’ includes actions that harass, harm, pursue, kill, or capture). On July 10, 2000, NMFS adopted a rule prohibiting the take of 14 groups of salmon and steelhead listed as threatened under the ESA (65 FR 42422, 50 CFR 223.203). On June 28, 2005, January 5, 2006, February 11, 2008, and September 25, 2008 NMFS issued final listing determinations and protective regulations for 26 threatened and endangered salmon and steelhead species (70 FR 37160, 71 FR 834, 73 FR 7816, 73 FR 55451). The protective regulations extended the 4(d) rule to all 23 threatened salmonid species.

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Authorizing Statute(s): US Code: 16 USC 31 Name of Law: Marine Mammal Protection Act of 1972

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:
	87 FR 4002	01/26/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 37313	06/22/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 23

IC Title Form No. Form Name Annual reports Limit 10 - OR - 5-year plan submission Limit 10 - OR - Annual Reporting Limit 10 – CA - Annual Reporting Limit 14 – CA - Annual Reporting Limit 3 – Fish Rescue Limit 4 – CA - FMEP Annual Reporting Limit 4 – CA - FMEP Development / Submission Limit 4 – ID - FMEP Development / Inseason Reporting/Submission of Annual Reports Limit 4 – OR - FMEP Development / Submission of Annual Reports Limit 4 – WA - FMEP Development / Submission of Annual Reports Limit 4, 6 and 14 - Puget Sound/ Klamath Basins - Development of RMP Limit 4, 6 and 14 - Puget Sound/Klamath Basins - Annual Reporting Limit 4, 6 and 14 - Puget Sound/Klamath Basins - Submittal of RMP Limit 4, 6, and 14 - Puget Sound/Klamath Basins - Litigation Assistance Limit 5 and 6 – ID - RMP/HGMP Development / Submission of Annual Reports Limit 5 and 6 – OR - RMP/HGMP Development / Submission of Annual Reports Limit 5 and 6 – WA - RMP/HGMP Development / Submission of Annual Reports Limit 5 – CA - HGMP Annual Reporting Limit 5 – CA - HGMP Development / Submission Limit 6 - Fisheries - Columbia River Basin Limit 7 - State Research Programs - Applications Limit 7 - State Research Programs - Modifications Limit 7 - State Research Programs -Reports Reports of aided/rescued salmon Research and other applications N/A APPS Screen Shot 2019

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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	1,140	331	0	0	809	0
Annual Time Burden (Hours)	167,872	935	0	0	166,937	0
Annual Cost Burden (Dollars)	0	580	0	0	-580	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: Recent merger of the Southwest and Northwest Regions prompted a comprehensive re-assessment of how the 4(d) rules are being used. The Northwest Region maintains this collection and did not previously include the Southwest region in the assessment, hence a significant increase in burden. There were initially only 3 ICs listed. However, the ICs were not aggregated correctly and did not include the Southwest Region. Therefore, the 3 initial ICs are removed and additional, more comprehensive ICs have been added.

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Annual Cost to Federal Government: $2,512,177

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.     Yes

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.     Yes

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: Gary Rule 5032305424

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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: 06/23/2022

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