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

Forms and Documents

Document Name	Status
GSES ss new 022410rev.pdf Supporting Statement A	2010-04-02

IC Document Collections

IC ID	Document Title	Status
192087	State Research Program Reports	New
192086	State Research Program	New
192085	Tribal Fishery Management Plans	New
192084	FMEP report (biannual, annualized)	New
192083	Fishery Management and Evaluation Plans	New
192082	Habitat Restoration Exception Report	New
192081	Habitat Restoration Exception	New
192080	Emergency Fish Rescue Report	New
192079	Scientific Resesarch/Monitoring Exception Report	New
192078	Scientific Research/Monitoring Exception	New

ICR Details

OMB Control No: 0648-0613	ICR Reference No: 201002-0648-005
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Green Sturgeon ESA 4(d) Rule Take Exceptions and Exemptions
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 06/24/2010
	Date Received in OIRA: 04/02/2010
Terms of Clearance: In accordance with 5 CFR 1320, OMB is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OMB a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Southern Distinct Population Segment of North American green sturgeon (Acipenser medirostris; hereafter, “Southern DPS”) was listed as a threatened species in April 2006. Section 4(d) of the Federal Endangered Species Act (ESA) authorizes the Secretary of Commerce to adopt regulations determined to be necessary and advisable for the conservation of species listed as threatened. Such regulations may include any or all of the prohibitions described in section 9(a)(1) of the ESA. To comply with the ESA and the proposed regulations, entities must obtain take authorization prior to engaging in activities involving take of Southern DPS fish, apart from a small number of exceptions. Exceptions do not require take authorization because these activities are not prohibited if they adhere to specific criteria and reporting requirements. In order to ensure that activities are exceptions to or exemptions from the take prohibitions, local, state, and federal agencies, non-governmental organizations, academic researchers, and private organizations are asked to voluntarily submit detailed information regarding their activity on a schedule to be determined by NMFS staff. This information will be used by NMFS to (1) track the number of Southern DPS fish taken as a result of each action; (2) understand and evaluate the cumulative effects of each action on the Southern DPS; and (3) determine whether additional protections are needed for the species, or whether additional exceptions may be warranted. NMFS designed the criteria to ensure that plans meeting the criteria would adequately limit impacts on threatened Southern DPS fish, such that additional protections in the form of a federal take prohibition would not be necessary and advisable.

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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:
0648-AV94	Proposed rulemaking	74 FR 23822	05/21/2009

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 10

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

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This is a new program.

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Annual Cost to Federal Government: $17,406

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

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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]? Uncollected

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

Is this ICR related to the Pandemic Response? Uncollected

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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: 04/02/2010

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