Supporting Statement A for
Paperwork Reduction Act Submission
Marine Mammal Marking, Tagging, and Reporting Certificates and
Registration of Certain Dead Marine Mammal Hard Parts
50 CFR 18.23(f) and 18.26
FWS-30, 82 FR 11598
OMB Control Number 1018-0066
Terms of Clearance: None.
Under section 101(b) of the Marine Mammal Protection Act of 1972, (MMPA) as amended, Alaska Natives residing in Alaska and dwelling on the coast of the North Pacific or Arctic Ocean may harvest polar bear (Ursus maritimus), northern sea otter (Enhydra lutris kenyoni), and Pacific walrus (Odobenus rosmarus divergens) for subsistence or handicraft purposes. Section 109(i) of the MMPA authorizes the Secretary of the Interior (Secretary) to prescribe marking, tagging, and reporting regulations applicable to the Alaska Native subsistence and handicraft take. Under section 50 CFR 18.26, collection of certain dead marine mammal hard parts by non-Natives is permitted. Any bones, teeth, or ivory of any dead marine mammal may be collected from a beach or from land within ¼-mile of the ocean.
This collection of information allows us to track who has registered beach found hard parts and determine if marine mammal hard parts were legally taken. Without authority to collect this information, we would not be able to distinguish between Native legal harvests and non-Native collection. Acting on behalf of the Secretary, the U.S. Fish and Wildlife Service (we, Service) published regulations at 50 CFR 18.23(f) and 50 CFR 18.26(a)(b)(c)(d). These regulations require, among other things, that Alaska Natives and non-Natives report harvest or collection of marine mammals to the Service and have them tagged.
The information collected from Alaska Natives is used to operate the Marking, Tagging, and Reporting Program (MTRP). This program improves our decision making ability by substantially expanding the quality and quantity of harvest and biological data upon which we base future management decisions. Further, it provides us the ability to make inferences about the condition and general health of the populations. Without authority to collect this harvest information, our ability to measure the take of polar bears, northern sea otters, and walrus would be inadequate. Harvest information allows us to make rational, knowledgeable decisions regarding the Alaska Native harvest.
We use three forms to collect harvest information on Alaska Native harvest:
FWS Form 3-2414, “Polar Bear Tagging Certificates”,
FWS Form 3-2415, “Walrus Tagging Certificates”, and
FWS Form 3-2416, “Sea Otter Tagging Certificates”.
We are not proposing any changes to the information collected from Alaska Natives. We collect information on:
Date of kill. The date of kill provides information on chronology of the harvest that will be used in population modeling and in determining which cohorts are being killed.
Sex of the animal. This information is used in population modeling, determining the status of populations, and predicting population trends.
Kill/collection Location. This information yields insights on the distribution and relative abundance of the three species, the level and intensity of the harvest, and the harvest impacts on the species and their subpopulations.
Form of transportation used to make the kill of polar bears (Form 3-2414). This provides information on the level of use of available transportation methods. Such data are useful in determining trends toward the use of more modern and efficient means of transportation, which may increase the mobility of Alaska Natives and possibly increase the level of harvest.
Amount of time (i.e., hours/days) spent hunting each polar bear (Form 3-2414). The amount of effort exerted to harvest these animals varies with the availability of animals, individual hunter skills, weather conditions, etc. With other factors being constant, the amount of time necessary to take these species is an indicator of density and/or availability. The use of catch per unit effort is well established as a requirement of effective wildlife management.
Condition of the polar bear and whether or not cubs were present (Form 3-2414). We use this information (1) as an indicator of polar bear physiological condition across their range based upon five newly standardized condition categories and (2) to supplement basic polar bear production and survival information based upon hunter observations.
Type of take for walrus (LK = live killed, BF = beach found; (Form 3-2415)). This information increases the accuracy of the known mortality and harvest data by discriminating between a walrus killed for subsistence purposes or found dead and salvaged. Requiring all ivory that has been taken or collected (pursuant to the Alaska Native exemption) to be marked, tagged, and reported also simplifies Service enforcement efforts.
Number of otters present in and number of otters harvested from a pod (Form 3-2416). The information is used as an indicator of both otter density across range and hunter effort.
Name of the hunter, collector, or possessor of the specified parts at the time of marking, tagging, and reporting. The tagging officials located in the individual villages are paid based on the number of animals tagged. The name and signature of the hunter/collector are intended for purposes of internal control, and to reduce the chance of false reporting for the tagging official's economic gain.
We do not place any additional reporting burden on the Alaska Natives. Service personnel or authorized Service representatives will obtain other information on the reporting forms without input from the Alaska Native hunter.
We collect information from non-Native collectors on FWS Form 3-2406 (non-Native Marine Mammal Certificate). U.S. Fish and Wildlife marking, tagging, and reporting employees and law enforcement personnel collect information from non-Native collectors. Non-Native collectors may retain marine mammal hard parts, if they are registered within 30 days. This collection of information allows us to track who has registered beach found hard parts and determine if marine mammal hard parts were legally taken. We collect information on:
Date tusks are tagged.
Village or town where tusks are tagged.
Tag number of plastic-headed wire tag used for left tusk.
Tag number of plastic-headed wire tag used for right tusk.
Date found.
Age of walrus.
Sex of walrus.
Tusk circumference at gum line.
Tusk length from gum line to tip along front side following the curve of the tusk.
Record the date tusks are tagged.
Exact location of kill or find.
Tag number for polar bear skull.
Tag number for sea otter skull.
Location and date collected of any polar bear, sea otter or (non-tusk) walrus hard part.
Any information of interest about the beach found hard part collected.
Name of the person that collected the hard part.
Collector’s address.
Collector’s phone number.
Collector’s date of birth. For example – 3 miles east of Barrow or 6 miles S.W. of South Lawrence Island. Be specific.
The forms are currently available in paper format only. We considered the possibility of using improved information technology to reduce burden on the Alaska Natives, but were unable to identify any such technology at this time. Much of the improved information collection and reporting technology that is commonplace in the contiguous 48 States does not yet reliably exist in coastal Alaska due to the remoteness and the social economic conditions in many of these communities.
The requested information is unique to each individual Alaska Native hunter, or non-Native collector, and no other sources are available. The information changes with each location and each animal killed or collected, and it is necessary for the individual hunter(s) and collector(s) to provide the required parts of each animal killed/collected and the information associated with those kills/finds. We have attempted to minimize the burden on Alaska Natives by establishing a network of individuals in this program at strategic locations around the State. These individuals are in place to receive reports from Alaska Native hunters so that time necessary for complying with these marking and reporting stipulations is minimized. However, it is necessary for hunters to report in person each individual kill so that Service representatives can (1) attach marks and tags to the marine mammal parts and (2) collect information important for wildlife management purposes from the parts provided (e.g., measurements of polar bear and northern sea otter skulls and walrus tusks).
No similar real-time information is currently being collected for these species and populations nor are we aware of any similar marking program currently in use.
This information collection does not impact small businesses or other small entities.
If the collection were not conducted or conducted less frequently, we would lose the ability to census the entire harvest annually and to mark all available specimens for law enforcement purposes. Our capability to scientifically manage polar bear, Pacific walrus, and northern sea otter harvest in Alaska would be seriously compromised. If non-Native collected beach found hard parts were not tagged, we would not be able to distinguish between Native legal harvests and non-Native collection. There is no information otherwise available that can be used in place of the information that we currently collect on the reporting forms.
7. Explain any special circumstances that would cause an information collection to be conducted in a manner:
* requiring respondents to report information to the agency more often than quarterly;
* requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
* requiring respondents to submit more than an original and two copies of any document;
* requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
* in connection with a statistical survey that is not designed to produce valid and reliable results that can be generalized to the universe of study;
* requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
* that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
* requiring respondents to submit proprietary trade secrets, or other confidential information, unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
We ask respondents to report information more often than quarterly. The MTRP is intended to gather reports of all kills and to tag or mark, as appropriate, all skins, skulls, and tusks of marine mammals to reduce illegal trade in walrus ivory and polar bear and northern sea otter skins. Collecting information from non-Natives is required to inhibit illegal trade of marine mammal hard parts.
We use the data from the reports for management of polar bears, northern sea otters, and walruses. If these reports were submitted quarterly rather than as now required (i.e., within 30 days of take), the accuracy of the data would be seriously compromised, thereby reducing our ability to make sound management decisions. Increased illegal traffic of marine mammal parts could ensue. There are no other circumstances that require us to collect information in a manner inconsistent with OMB guidelines
8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and in response to the PRA statement associated with the collection over the past three years, and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.
Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.
Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every three years — even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.
On 02/24/2017, we published in the Federal Register (82 FR 11598) a notice of our intent to request that OMB approve this information collection. In that notice, we solicited comments for sixty (60) days, ending on 04/25/2017. We received one comment in response to that notice:
Email Comment from the Marine Mammal Commission via email on 04/24/2017:
The Marine Mammal Commission supports the continuation of the information collection programs related to the taking of marine mammals for subsistence and handicraft purposes by Alaska Natives. Collection of this information is authorized under section 109(i) of the Marine Mammal Protection Act. This information is important for tracking Native use of marine mammals and to provide the documentation that marine mammal parts were legally taken.
The Commission also supports the continued use of FWS Form 3-2406 for registering marine mammal hard parts found on beaches and near shore areas. Under applicable regulations, these parts can be retained only if they are registered with the FWS (or NMFS). As such, retention of the registration form is necessary.
FWS Response/Action Taken: None required
In addition to the Federal Register Notice, we consulted with nine (9) individuals familiar with this collection of information in order to validate our time burden estimate. The outreach conducted did not include organizations or companies. The nine individuals are contracted by the Service to mark and tag subsistence harvested walrus, sea otter and polar bear. The taggers we contract with are private citizens living in the communities where they conduct tagging on our three trust species. As private citizens, their names are being withheld from this document to protect their personally identifiable information but will be made available to OMB, upon request. Specifically, we asked the individuals we contacted for their comments on the questions below:
“Whether or not the collection of information is necessary, including whether or not the information will have practical utility; whether there are any questions they felt were unnecessary”
Comments: The information is necessary to the Marking Tagging and Reporting Program. No one indicated that there were any questions that they felt were unnecessary.
FWS Response/Action Taken: No actions were taken.
“The accuracy of our estimate of the burden for this collection of information”
Comments: Most of the individuals surveyed thought we estimated the time it takes to complete the certificates was adequate. One individual indicated it takes a little longer to complete the tagging certificate and pull a sea otters tooth.
NPS Response/Action Taken: No actions were taken.
“Ways to enhance the quality, utility, and clarity of the information to be collected”
Comments: One individual indicted it might be easier to create an electronic fillable certificate form. No one provided comments regarding the quality or clarity of the questions asked on the certificate forms.
NPS Response/Action Taken: No actions were taken.
And
“Ways to minimize the burden of the collection of information on respondents”
Comments: Individuals interviewed did not express concerns with any undue burden placed upon respondents.
NPS Response/Action Taken: No actions were taken.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
We do not provide payments or gifts to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.
"The hunter must print his name and sign the certification containing harvest information, but we do not ask for social security numbers or other sensitive information. We ask for the following information from the non-Native collectors: name, date of birth, phone number, and address of the collector. This information is protected by provisions of the Privacy Act of 1974 and we will maintain the information in a secure system of records (“Marine Mammals Management, Marking, Tagging and Reporting Program—Interior, FWS-30”, 82 FR 11598)."
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
We do not ask questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information. The statement should:
* Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
* If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
* Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here.
We estimate that we will receive 2,140 annual responses totaling 535 annual burden hours. We estimate the total dollar value of the annual burden hours is $15,124 (rounded). The Bureau of Labor Statistics May 2015 State Occupational Employment and Wage Estimates Alaska lists the mean hourly wage for persons in farming, fishing, and forestry occupations as $19.85. We multiplied the hourly wage by 1.46 to account for benefits in accordance Bureau of Labor Statistics (BLS) News Release USDL-17-0321, March 17, 2017, Employer Costs for Employee Compensation—December 2016, resulting in a total hourly cost factor of $28.96. This rate is likely high for most subsistence users.
Activity |
Annual Number of Respondents |
Average Number of Responses Each |
Annual Number of Responses |
Completion Time per Response |
Total Annual Burden Hours |
$ Value of Annual Burden Hours ($28.98/hr) |
3-2414 (Polar Bear) |
25 |
2.4 |
60 |
15 minutes |
15 |
$ 434.70 |
3-2415 (Walrus) |
100 |
5 |
500 |
15 minutes |
125 |
3,622.50 |
3-2416 (Sea Otter) |
75 |
17.07 |
1,280 |
15 minutes |
320 |
9,273.60 |
3-2406 (Non-Native) |
300 |
1 |
300 |
15 minutes |
75 |
2,173.50 |
TOTALS: |
500 |
|
2,140 |
|
535 |
$ 15,504.30 |
13. Provide an estimate of the total annual non-hour cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected in item 12.)
* The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information (including filing fees paid for form processing). Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
* If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
* Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.
There is no nonhour burden cost. The only foreseeable nonhour burden cost would be travel expenses that could be incurred by the Alaska Native hunters to comply with the rule. Since we have personnel or authorized representatives in individual villages or in nearby villages to do the actual marking and tagging, travel costs to Alaska Natives are not significant and in the majority of instances do not occur.
14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.
We estimate the total annual cost to the Federal Government to administer this information collection is $244,436 ($173,436 – salaries and $71,000 – program costs). To calculate salary costs, we used Office of Personnel Management Salary Table 2017-AK to obtain the most up-to-date wages for staff. We used BLS News Release USDL-17-0321, March 17, 2017, Employer Costs for Employee Compensation—December 2016, to calculate the fully burdened wages for each staff member. We estimated the percentage of time spent by each staff person annually to administer this information collection.
Position/Cost |
Grade/ Step |
Annual Wages |
Fully Burdened Wages (1.59 X annual wages) |
Percent of time working on MTRP |
Total Annual Cost (rounded) |
Salary Costs |
|||||
Wildlife Biologist MTRP |
GS-11/05 |
$ 75,394 |
$ 119,876.46 |
67% |
$ 80,317 |
Natural Resource Specialist - MTRP |
GS-09/05 |
62,318 |
99,085.62 |
67% |
66,387 |
Clerical |
GS-07/05 |
50,947 |
81,005.73 |
33% |
26,732 |
Subtotal – Salary Costs |
173,436 |
||||
Other Program Costs |
|||||
Payments to Taggers |
35,000 |
||||
Cost of Tags and supplies |
6,000 |
||||
Travel |
30,000 |
||||
Subtotal – Other Program Costs |
71,000 |
||||
Total |
$ 244,436 |
||||
15. Explain the reasons for any program changes or adjustments in hour or cost burden.
We are not reporting any program changes or adjustments in hour or cost burden since our previous submission.
16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
Results are tabulated quarterly, for management purposes and, along with population census data, a determination is made if a population is depleted as defined in the MMPA. Summarized information is occasionally presented at both internal external technical and scientific meetings.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
We will display the OMB control number and expiration date.
18. Explain each exception to the topics of the certification statement identified in "Certification for Paperwork Reduction Act Submissions."
There are no exceptions to the certification statement.
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | Supporting Statement for Paperwork Reduction Act Submission |
| Author | Anissa Craghead |
| File Modified | 0000-00-00 |
| File Created | 2021-01-22 |