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 organizations 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.