Basic Requirements for Special Exemption Permits and Authorizations to Take, Import, and Export Marine Mammals, Threatened and Endangered Species, and for Maintaining a Captive

Forms and Documents

Document Name	Status
Form NOAA 89-880 Reports to existing permits and authorizations and for public display inventory Form and Instruction	New
0084 ss ren 082809rev.pdf Supporting Statement A	2009-09-03

IC Document Collections

IC ID	Document Title	Status
43569	Permit and Authorization Applications Instruction	Modified
190478	Retain or transfer rehabilitated animals	New
190477	Recordkeeping associated with Reports to existing permits and authorizations and for public display inventory	New
190476	Reports to existing permits and authorizations and for public display inventory Form and Instruction	New
190475	Amendments to existing permits and authorizations Instruction	New

ICR Details

OMB Control No: 0648-0084	ICR Reference No: 200908-0648-007
Status: Historical Active	Previous ICR Reference No: 200709-0648-002
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Basic Requirements for Special Exemption Permits and Authorizations to Take, Import, and Export Marine Mammals, Threatened and Endangered Species, and for Maintaining a Captive
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 without change	Conclusion Date: 06/23/2010
	Date Received in OIRA: 09/03/2009
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for 3 years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2013	36 Months From Approved	06/30/2010
Responses	939	0	993
Time Burden (Hours)	7,716	0	6,728
Cost Burden (Dollars)	2,000	0	2,000

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Abstract: The information in this collection will be used to determine whether a proposed activity is consistent with the requirements of the Marine Mammal Protection Act, Fur Seal Act, and Endangered Species Act for issuance of permits and authorizations for research, enhancement, photography, and public display. Reports on activities are also required. Respondents will be researchers, photographers, other members of the general public, and holders of marine mammals in public display facilities.

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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:
	74 FR 15458	04/06/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 45610	09/03/2009
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
Permit and Authorization Applications
Amendments to existing permits and authorizations
Reports to existing permits and authorizations and for public display inventory	NA, NOAA 89-880	Person/Holder Facility Sheet ,   Marine mammal data sheet
Recordkeeping associated with Reports to existing permits and authorizations and for public display inventory
Retain or transfer rehabilitated animals

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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	939	993	0	0	-54	0
Annual Time Burden (Hours)	7,716	6,728	0	0	988	0
Annual Cost Burden (Dollars)	2,000	2,000	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: Summary of Changes in 2009: There was a net decrease of 4 respondents and 54 responses, and a net increase of 988 hours due to adjustments. SR/EN Permits – Decrease from 40 to 35 scientific research and enhancement permit applications per year: this resulted from averaging the number of permit applications received over the past three years. We do not anticipate large increases in the number of applications received each year, as permits are valid for a 5-year period. The number of permits expiring and the number of new applications received are usually similar in number each year. Average increase from 32 hours to 50 hours to complete a scientific research and enhancement permit application: this is considered an average processing times for both non-ESA listed marine mammal permits issued under the MMPA, and threatened and endangered species permits issued under the ESA and MMPA. The processing time for non-ESA listed species is considerably lower than for ESA species. For the latter, NMFS is required to complete increasingly detailed environmental analyses when permits involve threatened and endangered species or their critical habitats; and therefore, additional information is often required from the applicant to obtain the appropriate information needed for NEPA and ESA section 7 consultations. This increase takes into account these analyses as well as feedback we have received from our permit applicants. Increase from 20 to 35 hours to complete a major amendment request: increased requirements under the ESA and NEPA, as discussed above. In general, major amendment requests are similar to but less involved than a permit application request, and thus require less time to complete. Major amendment requests will require some, but not all, of the same information to be submitted as for a new permit application, and are subject to the same level of NEPA and ESA analysis when threatened or endangered species are involved. Public Display Permits – Decrease from 4 to 3 permits per year and increase from 20 to 30 hours to complete an application: The number of public display permits is estimated based on the number received annually over the past three years. The increase from 20 to 30 hours is based on the increased requirements under NEPA. This also takes into consideration time factored in during the application process when substantial public comments are received, which often occurs with public display permits. Photography Permits – Decrease from 10 to 3 photography permits received annually and decrease from 25 to 10 reports received annually: This is based on the average number of photography permits received over the past three years, and there are fewer holders of photography permits requiring reports. Many photography permits have expired and generally, photography permits are for discrete projects and are not renewed after expiration. General Authorization (GA) – Decrease from 50 to 35 reports and record keeping: there are fewer holders of Letters of Confirmation under the GA requiring reports because many Letters of Confirmation have expired. There has not been an increase in the number of Letters of Intent under the GA over the past three years. Holders/Marine Mammals – Increase from 194 to 213 Holders and PD inventories: there was an increase in the number of facilities holding marine mammals for public display purposes. Costs increased from $1,800 to $2,000 due to postage increases. This change is not reflected in ROCIS, as it was previously rounded up to $2,000 in the system.

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Annual Cost to Federal Government: $372,505

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: 09/03/2009

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