Incidental Take of Marine Mammals During Specified Activities (50 CFR 18.27 and 50 CFR 18, Subpart J)
Revision of a currently approved collection
No
Regular
Approved without change
08/27/2025
06/26/2025
In accordance with 5 CFR 1320, the information collection is approved for three years. OMB
reminds the Agency, however, it should consult with up to 9 outside entities at least once every 3
years even if the collection of information has not changed.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
08/31/2028
36 Months From Approved
07/31/2026
201
0
316
1,426
0
4,947
350,000
0
200,000
The Marine Mammal Protection Act (MMPA) of 1972, as amended (16 U.S.C. 1361 et seq.) imposed, with certain exceptions, a moratorium on the taking of marine mammals. Section 101(a)(5)(A) of the MMPA directs the Secretary of the Interior (Secretary) to allow, upon request by citizens of the United States, the taking of small numbers of marine mammals incidental to specified activities (other than commercial fishing) if the Secretary makes certain findings and prescribes specific regulations that, among other things, establish permissible methods of taking. Once the U.S. Fish and Wildlife Service (Service or we) issue specific regulations, applicants seeking to conduct activities must request a Letter of Authorization (LOA) for the specific activity and submit onsite monitoring reports and a final report of the activity to the Secretary.
Procedural regulations outlining the requirements for the submission of a request are contained in 50 CFR 18.27. We request OMB approval of the specific regulations governing authorized incidental take of marine mammals activities as separate control numbers for each subpart to facilitate simultaneous rulemaking actions when we receive applications for an ITR.
With this submission, we are reporting a discretionary burden decrease of -118 annual responses and a discretionary burden decrease of -3,671 annual burden hours. These discretionary burden decreases are a result of removing the ICs and associated burden for the expired subpart K, and transferring the burden for subpart L to a new control number.
We are also reporting a change due to adjustment in agency estimate of $150,000 for the annual cost burden associated with the updated response and burden hour estimates.
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.
1018-0070 SSA FR RIN 1018-BI09 (Subpart J - AOGA) 03062025.docx
RIN 1018-BI09 Attachment A - Burden Calculations 01152025.xlsx
50 CFR 18 Subpart J as of 09052024.pdf
Mitigation – Plan of Cooperation (Federal Government)