Reporting Requirements under Sections 101 and 118 of the Marine Mammal Protection Act

Forms and Documents

Document Name	Status
Reporting Requirements for Commercial Fisheries Authorization under Section 118 of the Marine Mammal Protection Act Form and Instruction	Modified
Reporting Marine Mammal Mortalities and Injuries While Using Deterrents Under Section 101 of the Marine Mammal Protection Act Form and Instruction	New
0648-0292 Supplement Statement A.docx Supporting Statement A	2020-08-19

IC Document Collections

IC ID	Document Title	Status
43574	Reporting Requirements for Commercial Fisheries Authorization under Section 118 of the Marine Mammal Protection Act Form and Instruction	Modified
243244	Reporting Marine Mammal Mortalities and Injuries While Using Deterrents Under Section 101 of the Marine Mammal Protection Act Form and Instruction	New

ICR Details

OMB Control No: 0648-0292	ICR Reference No: 202008-0648-005
Status: Historical Inactive	Previous ICR Reference No: 201903-0648-006
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Reporting Requirements under Sections 101 and 118 of the Marine Mammal Protection Act
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 10/21/2020
	Date Received in OIRA: 09/01/2020
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. In accordance with 5 CFR 1320, OMB is withholding approval at this time. Prior to publication of the final rule, the agency must submit to OMB a summary of all comments related to the information collection contained in the proposed rule and the agency response. The agency should clearly indicate any changes made to the information collection as a result of these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2022	12/31/2022	12/31/2022
Responses	200	0	200
Time Burden (Hours)	50	0	50
Cost Burden (Dollars)	0	0	0

---

Abstract: This request is for the revision of an existing information collection. Reporting injury and /or mortalities of marine mammals is mandated under Section 118 of the Marine Mammal Protection Act. This information is required to determine the impacts of commercial fishing on marine mammal populations. This information is also used to categorize commercial fisheries into Category I, II or III. Participants in the first two categories have to be authorized to take marine mammals, while those in Category III are exempt from that requirements. All categories must report injuries or mortalities on the NMFS Marine Mammal Authorization Program marine mammal mortality/injury form. Revision to the current MMAP M/I form (0648-0292) add fields to collect information on if a deterrent device was used and if a marine mammal was incidentally killed or injured during deterrence use. The proposed rule 0648-BG55 would add a new information collection (IC) that will be used by recreational fishermen and private and public property owners to report marine mammal mortalities and injuries incidental to deterring marine mammals. The title for 0648-0292 will be revised to “Reporting Requirements Under Sections 101and 118 of the Marine Mammal Protection Act,” due to the addition of a new IC pursuant to proposed rule 0648-BG55.

---

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

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0648-BG55	Proposed rulemaking	85 FR 53763	08/31/2020

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Reporting Marine Mammal Mortalities and Injuries While Using Deterrents Under Section 101 of the Marine Mammal Protection Act	N/A	Deterring Marine Mammals: Mortality/Injury Reporting Form
Reporting Requirements for Commercial Fisheries Authorization under Section 118 of the Marine Mammal Protection Act	NA	Marine Mammal Authorization Program Injury/Mortality Reporting Form

---

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: Increase in responses and annual time burden due to new form added pursuant to requirements in proposed rule 0648-BG55

---

Annual Cost to Federal Government: $11,255

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.     Yes

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

---

Common Form ICR:  No

---

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: 09/01/2020

---