Approval Procedures for Incidental Harassment Authorizations of Marine Mammals, 50 CFR 18.27

Forms and Documents

Document Name	Status
1018-New SSA IHAs Updated 05262022.docx Supporting Statement A	2022-05-26
1018-New 30-day IHAs 08222022 87FR51443.pdf Supplementary Document	2022-08-22
1018-New IHAs 60-day FRN 87FR4277 01272022.pdf Supplementary Document	2022-05-25
SORN FWS-30 06042008 73 FR 31877.pdf Supplementary Document	2022-05-25
50 CFR 18.27 (up to date as of 5-09-2022).pdf Supplementary Document	2022-05-25
MMPA 16 USC 1361 et seq as of 01132021.pdf Supplementary Document	2022-05-25

IC Document Collections

IC ID	Document Title	Status
253845	Incidental Harassment Authorization – Final Report (Government) Instruction	New
253844	Incidental Harassment Authorization – Final Report (Private Sector) Instruction	New
253843	Incidental Harassment Authorization – Monitoring and Observation Reports (Government) Instruction	New
253842	Incidental Harassment Authorization – Monitoring and Observation Reports (Private Sector) Instruction	New
253841	Incidental Harassment Authorization – Application (Government) Instruction	New
253840	Incidental Harassment Authorization – Application (Private Sector) Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202205-1018-005
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOI/FWS	Agency Tracking No:
Title: Approval Procedures for Incidental Harassment Authorizations of Marine Mammals, 50 CFR 18.27
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/22/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	70	0
Time Burden (Hours)	365	0
Cost Burden (Dollars)	0	0

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Abstract: Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972 (MMPA; 16 U.S.C. 1361 et seq.) authorizes the Secretary of the Interior (Secretary) to allow, upon request, the incidental, but not intentional, taking by harassment of small numbers of marine mammals of a species or population stock by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specific geographic region for periods of not more than 1 year. The U.S. Fish and Wildlife Service (we, Service) will authorize incidental take by harassment if statutory and regulatory procedures are followed and the Service finds: (i) take is of a small number of marine mammals of a species or stock, (ii) take will have a negligible impact on the species or stock, and (iii) take will not have an unmitigable adverse impact on the availability of the species or stock for taking for subsistence uses by Alaska Natives.

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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:
	87 FR 4277	01/27/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 51443	08/22/2022
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
Incidental Harassment Authorization – Application (Government)
Incidental Harassment Authorization – Application (Private Sector)
Incidental Harassment Authorization – Final Report (Government)
Incidental Harassment Authorization – Final Report (Private Sector)
Incidental Harassment Authorization – Monitoring and Observation Reports (Government)
Incidental Harassment Authorization – Monitoring and Observation Reports (Private Sector)

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ICR Summary of Burden

	Total Request	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	70	0	0	70	0	0
Annual Time Burden (Hours)	365	0	0	365	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a request for a new OMB control number in conjunction with an existing collection in use without OMB approval.

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Annual Cost to Federal Government: $100,334

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 08/22/2022

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