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

Forms and Documents

Document Name	Status
Appendix B - PRA Request Letter 4.24.13.pdf Supplementary Document	2013-12-20
0151 SS 122013.docx Supporting Statement A	2013-12-20

IC Document Collections

IC ID	Document Title	Status
4021	IHA Application Instruction	Modified
194741	LOA draft and fianl annual reports and draft and final comprehensive reports	Modified
180573	LOA initial application, preparation for regs and annual LOA application	Modified
180572	IHA draft interim and annual reports and final annual report	Modified

ICR Details

OMB Control No: 0648-0151	ICR Reference No: 201312-0648-015
Status: Historical Active	Previous ICR Reference No: 201009-0648-008
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Applications and Reporting Requirements for Incidental Taking of Marine Mammals by Specified Activities Under the Marine Mammal Protection Act.
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: 03/06/2014
	Date Received in OIRA: 01/29/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2017	36 Months From Approved	03/31/2014
Responses	96	0	87
Time Burden (Hours)	13,486	0	26,410
Cost Burden (Dollars)	100,700	0	361,575

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Abstract: 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.

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Authorizing Statute(s): US Code: 16 USC 1361 Name of Law: Marine Mammal Protection Act
  

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:
	78 FR 54866	09/06/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 4660	01/29/2014
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
IHA draft interim and annual reports and final annual report
LOA initial application, preparation for regs and annual LOA application
IHA Application
LOA draft and fianl annual reports and draft and final comprehensive reports

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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	96	87	0	0	9	0
Annual Time Burden (Hours)	13,486	26,410	0	0	-12,924	0
Annual Cost Burden (Dollars)	100,700	361,575	0	0	-260,875	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: We based our burden estimates on discussions with current Authorization holders from four different sectors (e.g., oil and gas, state agency, offshore energy, and non-profit) and an accounting of the number and different types of actions that we have processed during the past three years (2010 – 2013). The total number of respondents has increased (95 compared to 71) and the total annual burden hours have decreased (13,486 compared to 26,410); however, the makeup of our applicant pool and the nature and complexity of their requested activities may vary from one information collection request cycle to the next. This inter-cycle variability will contribute to fluctuations in estimations. Based on our review of the 2010-2013 data, we observed an increase of non-federal respondents requesting Incidental Harassment Authorizations (45 in 2007-2010; 59 in 2010-2013). Based on the 2013 survey results, we estimated an approximately 900-hour decrease in the estimated length of time response related to Incidental Harassment Authorization requests compared to our 2010 estimates. This resulted in an estimated decrease of 7,514 total burden hours (15,070 hours in 2010; 7,556 hours in 2013). Conversely, we observed a decrease in the number of respondents requesting regulations based on our review of the 2010-2013 data. NMFS has adjusted the total annual cost to the respondents from the previous estimate of $361,575 to $100,700 (approximately $1,060 per respondent). The previous capital cost of $358,000 is no longer applicable, based on surveying representatives from the oil and gas industry.

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Annual Cost to Federal Government: $385,700

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]? No

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: 01/29/2014

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