60-day FRN

0648-0364 60day 88 FR 9252_20220213.pdf

Gear-Marking Requirements for Atlantic Large Whale Take Reduction Plan

60-day FRN

OMB: 0648-0364

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9252

Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Notices
TABLE 1—TAKE ANALYSIS—Continued
Authorized take 1

Species
Melon-headed whale ...............................................................................................
Pygmy killer whale ...................................................................................................
False killer whale .....................................................................................................
Killer whale ..............................................................................................................
Short-finned pilot whale ...........................................................................................

Abundance 2

369
87
138
0
107

7,003
2,126
3,204
267
1,981

Percent abundance
5.3
4.1
4.3
n/a
5.4

1 Scalar

ratios were not applied in this case due to brief survey duration.
abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to
be the model-predicted abundance (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was
produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual
abundance is available. For the killer whale, the larger estimated SAR abundance estimate is used.
3 Includes 5 takes by Level A harassment and 94 takes by Level B harassment.
4 Modeled take of 63 increased to account for potential encounter with group of average size (Maze-Foley and Mullin, 2006).
2 Best

Based on the analysis contained
herein of Shell’s proposed survey
activity described in its LOA
application and the anticipated take of
marine mammals, NMFS finds that
small numbers of marine mammals will
be taken relative to the affected species
or stock sizes (i.e., less than one-third of
the best available abundance estimate)
and therefore the taking is of no more
than small numbers.
Authorization
NMFS has determined that the level
of taking for this LOA request is
consistent with the findings made for
the total taking allowable under the
incidental take regulations and that the
amount of take authorized under the
LOA is of no more than small numbers.
Accordingly, we have issued an LOA to
Shell authorizing the take of marine
mammals incidental to its geophysical
survey activity, as described above.
Dated: February 7, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–02960 Filed 2–10–23; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration

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Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Atlantic Large Whale Take
Reduction Plan Regulations
National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:

The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995

SUMMARY:

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(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before April 14, 2023.
ADDRESSES: Interested persons are
invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer,
at [email protected]. Please
reference OMB Control Number 0648–
0364 in the subject line of your
comments. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Dr.
Marisa Trego, Atlantic Large Whale
Take Reduction Team Coordinator,
Greater Atlantic Regional Fisheries
Office, 55 Great Republic Drive,
Gloucester, MA 01970, (978) 282–8484,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Abstract
This request is for extension of a
current information collection. In 1996,
pursuant to section 118 of the MMPA,
the National Marine Fisheries Service
(NMFS) established and convened an
Atlantic Large Whale Take Reduction
Team (Team) to assist in the
development of the Atlantic Large
Whale Take Reduction Plan (Plan).
Throughout this process, the Team has
provided NMFS with recommended
measures designed to reduce mortality
and serious injury to North Atlantic
right (Eubalaena glacialis), humpback
(Megaptera novaeangliae), minke
(Balaenoptera acutorostrata), and fin

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(Balaenoptera physalus) whales from
incidental interactions with commercial
fishing gear. To gather information on
where entanglements are occurring and
what type of gear is involved, the Team
developed gear marking requirements.
As a result, any person setting trap/pot
or gillnet gear to fish commercially in
some areas of the Atlantic Ocean are
required to paint or otherwise mark
their gear with specific color codes,
designating the type of gear and area
where it is set, in addition to specific
buoy marking requirements.
NMFS is continuing the gear marking
regulations amended in the 2021 rule
for the Northeast Region Trap/Pot
Management Area (northeast region)
commercial trap/pot fisheries because
increased gear marking continues to be
necessary to improve our understanding
of where entanglement incidents occur
(RIN 648–BJ09). The gear modifications
required by the rule became effective
May 1, 2022, which is at the start of the
American lobster/Jonah crab fishing
year.
The continuation of this data
collection allows for improved
information on entanglement origins
that will further enable NMFS to reduce
injuries and deaths of large whales,
especially North Atlantic right whales,
due to incidental entanglement in
United States commercial fishing gear.
In order to develop fair and effective
management measures, the Team
requires comprehensive data on when,
where, and how fixed gear vessels fish,
and where whales become entangled in
fishing gear.
The 2021 rule modified gear marking
requirements by establishing a statespecific color for Maine (purple), New
Hampshire (yellow), Massachusetts
(red), and Rhode Island (silver/gray) on
buoy lines used in the lobster and Jonah
crab trap/pot fishery, except those
fishing in LMA 3 which retains black as
the primary gear mark color. For
ropeless fishing operations working
under EFPs or state authorizations, gear

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Federal Register / Vol. 88, No. 29 / Monday, February 13, 2023 / Notices
marking is likely to be recommended as
a permit condition for any stored buoy
line that is retrieved remotely, and that
unique color combination is anticipated
to be defined in future rule making. All
lobster and Jonah crab trap/pot vessels
in the Northeast Region are required to
include a 3-foot (0.9-meter (m)) solid
mark within the surface system using
paint or tape, at least three 1-foot state
specific marks (in the top, middle and
bottom of the buoy line), and at least
four 1-foot (0.3-m) green marks (no
marking convention defined; tape,
paint, twine, etc.) within 6 inches (15.24
centimeters (cm)) of each area-specific
gear mark to distinguish state from
Federal waters or, in the case of LMA 3
vessels, to distinguish Northeast Region
vessels from vessels fishing in the
southern and western LMA 3 waters.
Gear marks are all required to be 1-foot
(0.3-m) long or greater when installed to
distinguish them from Canadian marks,
which currently are required to be at
least 6 inches (15.24 cm) in length. The
term ‘‘state’’ refers to the state
associated with the vessel’s principal
port as declared on state and Federal
permits. A principal port is considered
the city and state where the majority of
landings occur. Although more than 90
percent of lobster and Jonah crab
Federal permit holders identify the
same state as their principal port,
mailing address, and home port (city
and state where a vessel is moored), the
port of landing was selected based on
recommendations from some state
managers, and is considered to be the
area where fishing occurs.
The only changes to this collection
since the 2021 submission were to
update material and labor costs based
on current data.

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II. Method of Collection
Information collected is in the form of
gear marking.
III. Data
OMB Control Number: 0648–0364.
Form Number(s): None.
Type of Review: Regular submission,
extension of a current information
collection.
Affected Public: Primary respondents
are business or other for-profit
organizations (fishermen), and
individuals or households.
Estimated Number of Respondents:
3,970.
Estimated Time per Response: The
time to mark each line varies on the
number of marks required by area, but
it is estimated that each mark takes
between 6.7–8.6 minutes.
Estimated Total Annual Burden
Hours: The estimated total annual

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burden is between 43.2–56.0 hours per
year, per vessel. For all 3,970 vessels,
the total burden hours is between
171,367–222,391 hours.
Estimated Total Annual Cost to
Public: The estimated cost is $25.66$74.34 per vessel per year. For all 3,970
vessels, the estimated total annual cost
is between $101,870-$295,130.
Respondent’s Obligation: Mandatory.
Legal Authority: Marine Mammal
Protection Act and Endangered Species
Act.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2023–02926 Filed 2–10–23; 8:45 am]
BILLING CODE 3510–22–P

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9253

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Antarctic Marine Living
Resources Conservation and
Management Measures
National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:

The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before April 14, 2023.
ADDRESSES: Interested persons are
invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer,
at [email protected]. Please
reference OMB Control Number 0648–
0194 in the subject line of your
comments. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to MiAe
Kim, Office of International Affairs,
Trade, and Commerce, 1315 East-West
Hwy, Silver Spring, MD, 20910; (301)
427–8365, [email protected].
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Abstract
The Office of International Affairs,
Trade, and Commerce of the National
Marine Fisheries Service requests
renewal of an existing information
collection.
The 1982 Convention on the
Conservation of Antarctic Marine Living
Resources (Convention) established the
Commission for the Conservation of
Antarctic Marine Living Resources
(CCAMLR) for the purpose of protecting
and conserving the marine living
resources in the waters surrounding
Antarctica. The Convention is based

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