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

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
0648-0613 30-Day 91 FR 45260 2026-0720.pdf	Supplementary Document	Uploaded 2026-07-20	Available
0648-0613 SUPPORTING STATEMENT Part A.docx	Supporting Statement A	Uploaded 2026-07-11	Available
16 U.S.C. 1531 Endangered Species Act.pdf	Supplementary Document	Uploaded 2026-07-11	Available
50 CFR 223.210 (up to date as of 7-02-2026).pdf	Supplementary Document	Uploaded 2026-07-11	Available
0648-0613 60-day 91 FR 23969 2026-0504.pdf	Supplementary Document	Uploaded 2026-07-11	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
208674	Research applications	Instruction	Modified
192087	Research Reports	Instruction	Modified
192086	State Research Program	Instruction	Modified
192085	Tribal Fishery Management Plans	Instruction	Modified
192084	FMEP report (biannual, annualized)	Instruction	Modified
192083	Fishery Management and Evaluation Plans	Instruction	Modified
192082	Habitat Restoration Exception Report	Instruction	Modified
192081	Habitat Restoration Exception	Instruction	Modified
192080	Emergency Fish Rescue Report	Instruction	Modified
192079	Scientific Resesarch/Monitoring Exception Report	Instruction	Modified
192078	Scientific Research/Monitoring Exception	Instruction	Modified

ICR Details

OMB Control No: 0648-0613	ICR Reference No: 202607-0648-008
Status: Received in OIRA	Previous ICR Reference No: 202211-0648-003
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	Date Submitted to OIRA: 07/21/2026

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2026
Responses	65	47
Time Burden (Hours)	1,915	1,510
Cost Burden (Dollars)	0	0

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Abstract: We request to extend a currently approved information collection for activities involving threatened green sturgeon (Acipenser medirostris). In April 2006, the National Marine Fisheries Service (NMFS) listed the Southern Distinct Population Segment of North American green sturgeon (hereafter, “Southern DPS”) as threatened under the Endangered Species Act (ESA). In June 2010, NMFS established protective regulations for the Southern DPS under section 4(d) of the ESA (“ESA 4(d) rule”). The ESA 4(d) rule prohibits “take” of Southern DPS fish, unless the take is covered by an exception or exemption. The ESA defines “take” as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The ESA 4(d) rule established several exceptions and exemptions for activities including fish rescue and salvage, scientific research, habitat restoration, fisheries, and tribal resource management. To qualify for a 4(d) exception or exemption, entities prepare and submit information to NMFS to show that the proposed activity meets the criteria established in the ESA 4(d) rule. NMFS uses this information to (1) track the number of Southern DPS fish taken as a result of each action; (2) evaluate the effects of each action on the Southern DPS; and (3) determine whether additional protections, exceptions, or exemptions are needed. The information collection is necessary for NMFS to evaluate and minimize effects on the Southern DPS, while still allowing activities to occur.

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Authorizing Statute(s): US Code: 16 USC 1361 Name of Law: Endangered 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:
	91 FR 23969	05/04/2026
30-day Notice:	Federal Register Citation:	Citation Date:
	91 FR 45260	07/20/2026
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

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

table that charts list of burden

	Total Request	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	65	47	0	0	18	0
Annual Time Burden (Hours)	1,915	1,510	0	0	405	0
Annual Cost Burden (Dollars)	0	0	0	0	0	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: The number of respondents for two 4(d) exceptions (scientific research/monitoring and habitat restoration) was reduced based on the number of respondents for these exceptions over the past three years. The number of respondents for research applications and reports was increased from 10 to 25 per year, based on the number of respondents for this exemption over the past three years. These changes resulted in an overall increase in the number of respondents, responses, and burden hours.

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Annual Cost to Federal Government: $73,684

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

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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: 07/21/2026

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