The taking by harassment, injury, or mortality of marine mammals is prohibited by the Marine Mammal Protection Act (MMPA) unless exempted or authorized by permit. The small-take program authorized the taking of marine mammals incidental to maritime activities (oil industry, shipping). It is the responsibility of the activity to determine if it might have a "taking" and, if it does, to apply for an authorization. Applications are necessary for NMFS to know that an authorization is needed and to determine whether authorization can be made under the MMPA. Reporting requirements are mandated by the MMPA and are necessary to ensure that determinations made in regard to the impact on marine mammals are valid.
US Code:
16 USC 1361
Name of Law: Marine Mammal Protection Act
Adjustments in Burden
NMFS has adjusted the total annual burden hours from the previous estimate of 20,456 to 26,410. The increase in burden hours is not due to a change in the requirements for an ITA, but instead reflects more realistic estimates of the current workload:
(1) implementation of a more accurate accounting method of burden hours by surveying nine current ITA holders that represent the current demographic of applicants.
(2) an increase in the number of applicants from the oil and gas industry and the increased complexity of conducting environmental analyses due to the: (a) level of controversy over the activity; (b) level and type of incidental take of marine mammals; and (c) level of unresolved questions involving the activity's long-term impact on marine mammals, habitat and/or subsistence needs for marine mammals.
(3) an increase in the applicants workload to meet the requirements for environmental analyses under NEPA and the ESA; the requirements per se have not changed, but there is an increasing understanding of the quality of documentation needed to fulfill the requirements under the laws.
Although there is a net decrease of only one respondent, there are actually 53 fewer responses estimated, as we now have a better process in place to account for responses.
Adjustments in Cost
NMFS has adjusted the total annual cost to the respondents from the previous estimate of $1,359 to $3,575. NMFS now has more applicants from the oil and gas industry seeking ITAs, as part of a net decrease of one respondent. While the average annualized expenses per response are approximately $4,000, these respondents expenditures are higher than a smaller organizationÂs costs, and may be as high as $100,000.
NMFS also estimates the total annual cost burden in capital and start-up costs at $358,000 from the previous estimate of $0. This revised estimate is based upon polling representatives from the oil and gas industry and reflects the costs associated with meeting the requirements for monitoring and environmental analyses.
$322,000
No
No
No
No
No
Uncollected
Jeannine Cody 301 713-2289
Reginfo record details
No
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:
(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;
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.
0151SS 092910_revised.pdf
IHA Application