65 FR 175 pgs. 54500-54501 - Regulations Under the Marine Mammal Protection ActGoverning the Small Take of Marine Mammals Incidental to SpecificActivities
Type: NOTICEVolume: 65Number: 175Pages: 54500 - 54501
Docket number: [I.D. 090100B]
FR document: [FR Doc. 00-23134 Filed 9-7-00; 8:45am]
Agency: Commerce Department
Sub Agency: National Oceanic and Atmospheric Administration
Official PDF Version: PDF Version
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 090100B]
Regulations Under the Marine Mammal Protection ActGoverning the Small Take of Marine Mammals Incidental to SpecificActivities
AGENCY:
National Oceanic and Atmospheric Administration (NOAA).
ACTION:
Proposed information collection; comment request.
SUMMARY:
The Department of Commerce, as part of its continuing effortto reduce paperwork and respondent burden, invites the generalpublic and other Federal agencies to take this opportunity tocomment on proposed and/or continuing information collections, asrequired by the Paperwork Reduction Act of 1995, Pub. L. 104-13(44 U.S.C. 3506(c)(2)(A)).
DATES:
Written comments must be submitted on or before November 7, 2000.
ADDRESSES:
Direct all written comments to Madeleine Clayton, DepartmentalForms Clearance Officer, Department of Commerce, Room 6086, 14thand Constitution Avenue NW, Washington DC 20230 (or via Internetat MClayton@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or copies of theinformation collection instrument(s) and instructions should bedirected to Kenneth R. Hollingshead, Marine Mammal ConservationDivision, Office of Protected Resources, National MarineFisheries Service (NMFS), 1315 East-West Highway, Silver Spring,MD 20910-3226, Telephone: (301) 713-2055, ext. 128.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Marine Mammal Protection Act of 1972 (MMPA, 16 U.S.C. 1361et seq.) imposed, with certain exceptions, a moratorium on thetaking of marine mammals. Taking means to harass, hunt, capture,or kill, or attempt to harass, hunt, capture or kill any marinemammal. Sections 101(a)(5)(A) and 101(a)(5)(D) of the MMPAdirect the Secretary of Commerce (Secretary) to allow, uponrequest, the taking of small numbers of marine mammals incidentalto specified regulations that, among other things, establishpermissible methods of taking provided NMFS determines that thetaking is having a negligible impact on affected marine mammals.If a negligible impact on marine mammals can be determined, theMMPA allows the Secretary to authorize the activity providedmonitoring and reporting of the activity's impact on marinemammals can be carried out. Procedural regulations outlining therequirements for the submission of requests for taking arecontained in 50 CFR 216 Subpart I. Specific regulationsgoverning authorized activities are contained in subsequentsubparts to Subpart I. These regulations also require authorizedactivities to monitor and report interactions with marinemammals.
Information in a request for a Letter of Authorization (LOA)(to conduct activities under the regulations) varies by activity.It is used to determine if the applicant falls within the scopeof the specific regulations, needs new regulations, or if anauthorization for an Incidental Harassment Authorization (IHA)is warranted. Information required concerns the dates, location,methods and level of activity to determine if the potentialtaking is covered by the specific regulations and thestatute.
Because the negligible impact determination had not been madepreviously under regulations, information in a request for an IHAneeds to include both a description of the activity and anassessment of the impacts on marine mammals in the vicinity ofthe activity. In this case, the application for a harassmentauthorization needs to be as detailed as those submitted in arequest for regulations that authorize marine mammals takingsincidental to the activity.
Reporting takings incidental to the activity is required bythe MMPA. Generally, an interim report is required approximately90 days after completion of an activity or at the end of theauthorization, whichever is earlier. If complex data analysesare required, a final report may be required. Ninety-dayreports, annual reports, and final reports must include adescription of the activity including time, location, and place;a summary of the monitoring program, an assessment of the effectsof the activity on marine mammals including the estimated levelof take by species, and any other additional requirements listedin either the LOA or IHA.
II. Method of Collection
Written submissions are made responding to requirements inregulations.
III. Data
OMB Number : 0648-0151.
Form Number : None.
Type of Review : Regular submission.
Affected public : Business and other for-profitorganizations, not-for-profit institutions, federal and stategovernments.
Estimated Number of Respondents :24-30/year.
Estimated Time Per Response : Varies from 3 hrsto 480 hrs depending upon type and complexity.
Estimated Total Annual Burden Hours : 4,565.
Estimated Total Annual Cost to Public :$1,200.
IV. Request for Comments
Comments are invited on: (a) Whether the proposed collectionof information is necessary for the proper performance of thefunctions of the agency, including whether the information shallhave practical utility; (b) the accuracy of the agency'sestimate of the burden (including hours and cost) of the proposedcollection of information; (c) ways to enhance the quality,utility, and clarity of the information to be collected; and (d)ways to minimize the burden of the collection of information onrespondents, including through the use of automated collectiontechniques or other forms of information technology.
Comments submitted in response to this notice will besummarized and/or included in the request for OMB approval ofthis information collection; they also will become a matter ofpublic record.
Dated: August 31, 2000.
Madeleine Clayton,
Departmental Forms Clearance Officer, Office of the ChiefInformation Officer.
[FR Doc. 00-23134 Filed 9-7-00; 8:45am]
BILLING CODE 3510-22-S