Applications and Reporting Requirements for Incidental Taking of Marine Mammals by Specified Activities Under the Marine Mammal Protection Act.

ICR 201009-0648-008

OMB: 0648-0151

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2010-10-19
ICR Details
0648-0151 201009-0648-008
Historical Active 200706-0648-002
DOC/NOAA
Applications and Reporting Requirements for Incidental Taking of Marine Mammals by Specified Activities Under the Marine Mammal Protection Act.
Extension without change of a currently approved collection   No
Regular
Approved without change 01/07/2011
Retrieve Notice of Action (NOA) 10/19/2010
  Inventory as of this Action Requested Previously Approved
01/31/2014 36 Months From Approved 01/31/2011
87 0 142
26,410 0 20,456
361,575 0 1,361

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
  
None

Not associated with rulemaking

  75 FR 27295 05/14/2010
75 FR 64245 10/19/2010
Yes

  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 87 142 0 0 -55 0
Annual Time Burden (Hours) 26,410 20,456 0 0 5,954 0
Annual Cost Burden (Dollars) 361,575 1,361 0 0 360,214 0
No
No
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 organization’s 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

  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.
10/19/2010


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