Incidental Take of Marine Mammals During Specified Activities (50 CFR 18.27 and 50 CFR 18, Subpart J)

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
252809	Mitigation – Plan of Cooperation (Federal Government)	Removed
252808	Mitigation – Plan of Cooperation (Private Sector)	Modified
252807	Mitigation – Requests for Exemption Waivers (Federal Government)	Removed
252806	Mitigation – Requests for Exemption Waivers (Private Sector)	Modified
252805	Mitigation – 3rd Party Notifications (Federal Government)	Removed
252804	Mitigation – 3rd Party Notifications (Private Sector)	Modified
252803	Mitigation – Interaction Plan (Federal Government)	Removed
252802	Mitigation – Interaction Plan (Private Sector)	Modified
252796	Notification of LOA Incident Report (Federal Government)	Removed
252795	Notification of LOA Incident Report (Private Sector)	Modified
252794	In-season Monitoring – Polar Bear Observation Reports (Federal Government)	Removed
252792	In-season Monitoring – Observation Reports (Private Sector)	Modified
252791	In-season Monitoring – Activity Progress Reports (Federal Government)	Removed
252790	In-season Monitoring – Activity Progress Reports (Private Sector)	Modified
252789	Incidental Take of Marine Mammals - Final Monitoring Report (Federal Government)	Removed
252787	Incidental Take of Marine Mammals - LOA Request (Federal Government)	Removed
252786	Incidental Take of Marine Mammals - Application for Regulations (Federal Government)	Removed
209962	Polar Bear Den Detection Report (Private Sector)	Modified
180343	Incidental Take of Marine Mammals - Final Monitoring Report (Private Sector)	Modified
180341	Incidental Take of Marine Mammals - LOA Request (Private Sector)	Modified
10959	Incidental Take of Marine Mammals - Application for Regulations (Private Sector)	Modified

ICR Details

OMB Control No: 1018-0070	ICR Reference No: 202408-1018-002
Status: Received in OIRA	Previous ICR Reference No: 202211-1018-002
Agency/Subagency: DOI/FWS	Agency Tracking No: RIN 1018-BI09 (Proposed Rule)
Title: Incidental Take of Marine Mammals During Specified Activities (50 CFR 18.27 and 50 CFR 18, Subpart J)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/07/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2026
Responses	201	316
Time Burden (Hours)	1,426	4,947
Cost Burden (Dollars)	350,000	200,000

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Abstract: 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.

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Authorizing Statute(s): US Code: 16 USC 1361 et seq. Name of Law: Marine Mammal Protection Act of 1972
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1018-BI09	Proposed rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 88216	11/07/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

IC Title	Form No.	Form Name
In-season Monitoring – Activity Progress Reports (Federal Government)
In-season Monitoring – Activity Progress Reports (Private Sector)
In-season Monitoring – Observation Reports (Private Sector)
In-season Monitoring – Polar Bear Observation Reports (Federal Government)
Incidental Take of Marine Mammals - Application for Regulations (Federal Government)
Incidental Take of Marine Mammals - Application for Regulations (Private Sector)
Incidental Take of Marine Mammals - Final Monitoring Report (Federal Government)
Incidental Take of Marine Mammals - Final Monitoring Report (Private Sector)
Incidental Take of Marine Mammals - LOA Request (Federal Government)
Incidental Take of Marine Mammals - LOA Request (Private Sector)
Mitigation – 3rd Party Notifications (Federal Government)
Mitigation – 3rd Party Notifications (Private Sector)
Mitigation – Interaction Plan (Federal Government)
Mitigation – Interaction Plan (Private Sector)
Mitigation – Plan of Cooperation (Federal Government)
Mitigation – Plan of Cooperation (Private Sector)
Mitigation – Requests for Exemption Waivers (Federal Government)
Mitigation – Requests for Exemption Waivers (Private Sector)
Notification of LOA Incident Report (Federal Government)
Notification of LOA Incident Report (Private Sector)
Polar Bear Den Detection Report (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	201	316	0	-118	3	0
Annual Time Burden (Hours)	1,426	4,947	0	-3,671	150	0
Annual Cost Burden (Dollars)	350,000	200,000	0	0	150,000	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: 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 estimate of 7 responses as described in question 13 of the Supporting Statement A.

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Annual Cost to Federal Government: $115,672

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: 11/07/2024

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