0179 ss ren 020309rev

SUPPORTING STATEMENT
APPLICATIONS AND REPORTS FOR REGISTRATION AS AN AGENT OR TANNER
OMB CONTROL NO.: 0648-0179

A.

JUSTIFICATION

This request is for renewal of this information collection.
1. Explain the circumstances that make the collection of information necessary.
The Marine Mammal Protection Act (MMPA) (16 U.S.C. 1361 et seq., Sections 1371, 1373,
1374 and 1379) mandates the protection and conservation of marine mammals and makes the
taking, killing or serious injury of marine mammals, except under permit or exemption, a
violation of the Act. An exemption is provided for Alaskan natives to take marine mammals if
the taking is for subsistence or for creating and selling authentic native articles of handicraft and
clothing. The possession of marine mammals and marine mammal parts by other than Alaskan
natives is therefore prohibited (exception, 50 CFR 216.26: beach-found non-Endangered
Species Act (ESA) teeth or bones that have been registered with National Marine Fisheries
Service (NMFS)). As native handicrafts are allowed by the MMPA to enter interstate commerce,
an exemption is also needed to allow non-natives to handle the skins or other marine mammal
produce, whether to tan the pinniped hide or to act as an agent for the native to sell his handicraft
products.
2. Explain how, by whom, how frequently, and for what purpose the information will be
used. If the information collected will be disseminated to the public or used to support
information that will be disseminated to the public, then explain how the collection
complies with all applicable Information Quality Guidelines.
The information required by 50 CFR 216.23 is of two types:
Applications: Information is required to identify the applicant as a tanner/agent in order to
preclude prosecution under the MMPA and to determine that he/she has an acceptable record
keeping program to accurately account for those marine mammal products received. This
information serves as a deterrent for those individuals who might use this registration program
for entering prohibited marine mammal products into interstate commerce.
Reports: Information is also needed annually to evaluate the agent/tanner’s activities during the
year, and his/her procedures for bookkeeping and yearly inventory to assure NMFS, the Marine
Mammal Commission and the general public that prohibited marine mammal products were not
being transshipped through registered agents.
The reporting requirements are:
(a) Report in writing to the NMFS Assistant Administrator for Fisheries any changes in the facts
stated in Registrant’s application within 30 days of such change;
(b) Maintain current records of each transaction authorized stating the marine mammals or
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marine mammal parts or products involved, from whom received, any processing accomplished,
to whom returned, and the date of each such transaction. These records shall be kept separate and
apart from other records maintained in the ordinary course of business and shall be retained for not
less than three years;
(c) Annually, during the month of January, send certified copies of such records (annual report)
to the Assistant Administrator for Fisheries.
As explained in the preceding paragraphs, the information gathered has utility. NMFS will retain
control over the information and safeguard it from improper access, modification, and
destruction, consistent with National Oceanic and Atmospheric Administration (NOAA)
standards for confidentiality, privacy, and electronic information. See response to Question 10 of
this Supporting Statement for more information on confidentiality and privacy. The information
collection is designed to yield data that meet all applicable information quality guidelines.
Although the information collected is not expected to be disseminated directly to the public,
results may be used in scientific, management, technical or general informational publications.
Should NOAA/NMFS decide to disseminate the information, it will be subject to the quality
control measures and pre-dissemination review pursuant to Section 515 of Public Law 106-554.
3. Describe whether, and to what extent, the collection of information involves the use of
automated, electronic, mechanical, or other technological techniques or other forms of
information technology.
The process is a simplified registration and reporting system. All forms are sent to the Agent or
Tanner applicant and returned to the NOAA/NMFS/Enforcement Office by United States (U.S.)
mail. The collection of information does not involve the use of automated, electronic,
mechanical, or other technological techniques or other forms of information technology.
4. Describe efforts to identify duplication.
No known duplication exists. A similar registration system exists with the U.S. Fish and Wildlife
Service for those marine mammal species for which, they have statutory responsibility. These
species are different from those marine mammals’ species under the purview of NMFS.
5. If the collection of information involves small businesses or other small entities,
describe the methods used to minimize burden.
The information requested is already at a minimum; sufficient only to identify the applicant and to
assure NMFS that these specific illegal marine mammal products are not entering interstate
commerce.
6. Describe the consequences to the Federal program or policy activities if the collection is
not conducted or is conducted less frequently.
Annual reporting is considered the minimum acceptable limit to adequately monitor activities.
Less frequent monitoring would require NMFS to consider alternate methods (i.e., enforcement
investigations) to assess the level of marine mammal products in interstate commerce.
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7. Explain any special circumstances that require the collection to be conducted in a
manner inconsistent with OMB guidelines.
The collection is consistent with OMB guidelines.
8. Provide information on the PRA Federal Register Notice that solicited public comments
on the information collection prior to this submission. Summarize the public comments
received in response to that notice and describe the actions taken by the agency in response
to those comments. Describe the efforts to consult with persons outside the agency to obtain
their views on the availability of data, frequency of collection, the clarity of instructions
and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be
recorded, disclosed, or reported.
A Federal Register Notice published on October 9, 2008 (73 FR 59604) solicited public
comments. No comments were received.
9. Explain any decisions to provide payments or gifts to respondents, other than
remuneration of contractors or grantees.
None are provided.
10. Describe any assurance of confidentiality provided to respondents and the basis for
assurance in statute, regulation, or agency policy.
No assurance of confidentiality is given. However, annual reports will be reviewed and any
business information that would aid competition and impact on the registrant would be precluded
from release.
11. Provide additional justification for any questions of a sensitive nature, such as sexual
behavior and attitudes, religious beliefs, and other matters that are commonly considered
private.
No sensitive questions are asked of applicants.
12. Provide an estimate in hours of the burden of the collection of information.
There are currently 52 registered respondents who submit reports annually and there are, on
average, two new applicants per year. Experience indicates that it takes about two hours to
complete an application and to complete a yearly report.
Applications: 2 applicants/year x 2 hours/application = 4 hours
Reports:
First year: 52 registrants x 1 report/year x 2 hour/report = 104 hours.
Second year: 54 registrants x 1 report/year x 2 hours/report = 108 hours.
Third year: 56 registrants x 1 report/year x 2 hours/report = 112 hours.

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Average annual registrant reporting hours: 108 hours.
Total annualized registrant burden hours: 4 hours + 108 hours = 112 hours.
Annualized responses and hours: 56 responses and 112 hours.
The estimated annual labor cost to the general public based on a rate of $25 is $2,800: 112 hours
x $25.
13. Provide an estimate of the total annual cost burden to the respondents or recordkeepers resulting from the collection (excluding the value of the burden hours in Question
12 above).
The only costs are for mailing and copying. At an estimated $1 per response, total annual costs
would be $56.
14. Provide estimates of annualized cost to the Federal government.
Cost to the government estimated at 20 hours @ $25 per hour = $500.
15. Explain the reasons for any program changes or adjustments.
Based on the assumption of 2 additional applicants per year, with none withdrawing during the
next three years, the average responses and burden hours will increase by two and four,
respectively. The cost will increase by $2. NOTE: when the information collection request was
migrated to ROCIS, the cost was rounded down to zero: the previous cost was, in fact, $54.
16. For collections whose results will be published, outline the plans for tabulation and
publication.
There are no plans to publish this information.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons why display would be inappropriate.
N/A.
18. Explain each exception to the certification statement identified in Item 19 of the OMB
83-I.
N/A.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

Our collection does not employ statistical methods.

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