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
0648-0151 30-Day 90 FR 35280 2025-0725.pdf Supplementary Document	2025-07-25
0648-0151 Supporting Statement Part A.docx Supporting Statement A	2025-07-23
Endangered Species Act of 1973.pdf Supplementary Document	2025-07-23
42 USC 4321 et seq - National Environmental Policy Act (NEPA).pdf Supplementary Document	2025-07-23
MMPA Sec 101(a)(5)(A) and (D).pdf Supplementary Document	2025-07-23
50 CFR 216.105 (up to date as of 7-21-2025).pdf Supplementary Document	2025-07-23
50 CFR § 216.104 - Submission of requests.pdf Supplementary Document	2025-07-23
0648-0151 60-day 90 FR 14249 2025-0331.pdf Supplementary Document	2025-07-23
Appendix C.docx Supplementary Document	2021-04-19

IC Document Collections

IC ID	Document Title	Status
4021	IHA - Application Instruction	Modified
276663	LOA - GOA Annual LOA Application	New
246871	Passive Acoustic Monitoring (PAM) / Protected Species Observer (PSO) Other-Regulation	Removed
240979	GOA - Draft / Final Annual Reports	Modified
194741	LOA - Draft / Final 5-year Report	Modified
180573	LOA - Initial Application Preparation, Draft & Final Annual Report	Modified
180572	IHA - Draft Interim / Annual Reports and Final Annual Report	Modified

ICR Details

OMB Control No: 0648-0151	ICR Reference No: 202507-0648-008
Status: Received in OIRA	Previous ICR Reference No: 202105-0648-004
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: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/28/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2025
Responses	582	699
Time Burden (Hours)	77,056	259,743
Cost Burden (Dollars)	629,724	756,318

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Abstract: This request is for an extension and revision of an existing information collection under OMB Control No. 0648-0151. NMFS does not anticipate that the extension will substantially add to the burden to individual private applicants for incidental take authorizations under the existing Control Number. The main difference we expect related to this extension is that there will be a smaller number of applicants/respondents than accounted for in the existing OMB Control Number. This renewal removes the passive acoustic monitoring (PAM) and protected species observer (PSO) burden estimates. The Office of Protected Resources determined that those activities do not fall under the burden associated with this collection. The Marine Mammal Protection Act of 1972 (MMPA; 16 U.S.C. 1361 et. seq.) prohibits the “take” of marine mammals unless otherwise authorized or exempted by law. Among the provisions that allow for lawful take of marine mammals, sections 101(a)(5)(A) and (D) of the MMPA direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing), within a specified geographical region if, after notice and opportunity for public comment, we find that the taking will have a negligible impact on the affected species or stock(s) and will not have an immitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant). NMFS also must set forth the permissible methods of taking; other means of effecting the least practicable adverse impact on the species or stock and its habitat (mitigation); and requirements pertaining to the monitoring and reporting of such taking. Issuance of an incidental take authorization (Authorization) under MMPA section 101(a)(5)(A) (through issuance of a Letter of Authorization (LOA) following issuance of incidental take regulations) or 101(a)(5)(D) (through issuance of an Incidental Harassment Authorization (IHA)) requires three sets of information collection: (1) a complete application for an Authorization, as set forth in NMFS’ implementing regulations at 50 CFR 216.104, which provides the information necessary to make the required statutory determinations, including estimates of take and an assessment of impacts on the affected species and stocks; (2) information relating to required monitoring; and (3) information related to required reporting. As required by the MMPA, these collections of information enable NMFS to: (1) prospectively evaluate the proposed activity’s impact on marine mammals; (2) arrive at the appropriate determinations required by the MMPA and other applicable laws prior to issuing the Authorization; and (3) monitor impacts of activities for which Authorizations have been issued to determine if predictions regarding impacts on marine mammals remain valid.

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Authorizing Statute(s): US Code: 16 USC 1531 et seq Name of Law: Endangered Species Act
   US Code: 16 USC 1361 Name of Law: Marine Mammal Protection Act
   US Code: 42 USC 4321 et seq Name of Law: National Environmental Policy 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:
	90 FR 14249	03/31/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 35280	07/25/2025
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
GOA - Draft / Final Annual Reports
IHA - Application
IHA - Draft Interim / Annual Reports and Final Annual Report
LOA - Draft / Final 5-year Report
LOA - GOA Annual LOA Application
LOA - Initial Application Preparation, Draft & Final Annual Report
Passive Acoustic Monitoring (PAM) / Protected Species Observer (PSO)

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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	582	699	0	0	-117	0
Annual Time Burden (Hours)	77,056	259,743	0	0	-182,687	0
Annual Cost Burden (Dollars)	629,724	756,318	0	0	-126,594	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: Increased number of LOA applications/reports. Removed the PAM/PSO IC. Gulf of America LOA Annual Application was broken out into its own IC for clarity.

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Annual Cost to Federal Government: $3,118,581

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.     No

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: 07/28/2025

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