Marine Fisheries Advisory Committee Survey on Marine Mammal Deterrents

Forms and Documents

Document Name	Status
Marine Mammal Deterrent Survey Form and Instruction	New
0648-MAFAC 30-day 88 FR 69622 2023-1006.pdf Supplementary Document	2023-10-06
0648-MAFAC SUPPORTING STATEMENT Part A.docx Supporting Statement A	2023-09-30
0648-MAFAC Supporting Statement B.docx Supporting Statement B	2023-09-30
0648-MAFAC 60-day FR 88 41081 2023-0623.pdf Supplementary Document	2023-09-30

IC Document Collections

IC ID	Document Title	Status
262618	Marine Mammal Deterrent Survey Form and Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202309-0648-018
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOC/NOAA	Agency Tracking No: 0648-MAFAC
Title: Marine Fisheries Advisory Committee Survey on Marine Mammal Deterrents
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/06/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	15,000	0
Time Burden (Hours)	1,250	0
Cost Burden (Dollars)	0	0

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Abstract: This is a request for a new collection of information. The summary of a series of marine mammal deterrent workshops by NOAA Fisheries states, “under a recent proposed rule, NOAA Fisheries developed guidelines for deterring marine mammals under its jurisdiction, and recommended specific measures for species listed under the Endangered Species Act (ESA). The guidelines focus on how to safely use deterrents to avoid injuring or killing marine mammals. However, evaluation of the efficacy of each deterrent was beyond the scope of the rulemaking process, and available data on deterrent effectiveness is lacking.” Consequently, the Protected Resources Subcommittee of the Marine Fisheries Advisory Committee (MAFAC) was asked to help NMFS narrow down the scope for assessing the effectiveness of the marine mammal deterrents listed in the proposed guidelines and create a decision making process to prioritize areas to begin characterizing the effectiveness. To achieve this, the Subcommittee plans to rank relative risk of expected losses from interactions with marine mammals by various user groups nationwide, which will identify where the biggest impacts of marine mammals are likely to be occurring. The information for the relative risk and expected loss analysis will be generated through a survey of five user groups (commercial fishermen, recreational fishermen, tribal fishermen (inclusive of tribal nations and other coastal indigenous populations), aquaculture operators, and waterfront property managers (e.g. harbormasters and harbor facility assistants).

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Authorizing Statute(s): US Code: 16 USC 1361 Name of Law: Marine Mammal Protection Act of 1972, as Amended
  

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:
	88 FR 41081	06/23/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 69622	10/06/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Marine Mammal Deterrent Survey	N/A	Marine Mammal Deterrents Survey

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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	15,000	0	0	15,000	0	0
Annual Time Burden (Hours)	1,250	0	0	1,250	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 new collection of information.

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Annual Cost to Federal Government: $9,052

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

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: 10/06/2023

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