[Federal Register Volume 65, Number 175 (Friday, September 8, 2000)]
[Notices]
[Pages 54500-54501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23134]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 090100B]


Regulations Under the Marine Mammal Protection Act Governing the 
Small Take of Marine Mammals Incidental to Specific Activities

AGENCY: National Oceanic and Atmospheric Administration (NOAA).

ACTION: Proposed information collection; comment request.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required 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, 
Departmental Forms Clearance Officer, Department of Commerce, Room 
6086, 14th and Constitution Avenue NW, Washington DC 20230 (or via 
Internet at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument(s) and instructions 
should be directed to Kenneth R. Hollingshead, Marine Mammal 
Conservation Division, Office of Protected Resources, National Marine 
Fisheries Service (NMFS), 1315 East-West Highway, Silver Spring, MD 
20910-3226, Telephone: (301) 713-2055, ext. 128.

SUPPLEMENTARY INFORMATION:   

[[Page 54501]]

I. Abstract

    The Marine Mammal Protection Act of 1972 (MMPA, 16 U.S.C. 1361 et 
seq.) imposed, with certain exceptions, a moratorium on the taking of 
marine mammals. Taking means to harass, hunt, capture, or kill, or 
attempt to harass, hunt, capture or kill any marine mammal. Sections 
101(a)(5)(A) and 101(a)(5)(D) of the MMPA direct the Secretary of 
Commerce (Secretary) to allow, upon request, the taking of small 
numbers of marine mammals incidental to specified regulations that, 
among other things, establish permissible methods of taking provided 
NMFS determines that the taking is having a negligible impact on 
affected marine mammals. If a negligible impact on marine mammals can 
be determined, the MMPA allows the Secretary to authorize the activity 
provided monitoring and reporting of the activity's impact on marine 
mammals can be carried out. Procedural regulations outlining the 
requirements for the submission of requests for taking are contained in 
50 CFR 216 Subpart I. Specific regulations governing authorized 
activities are contained in subsequent subparts to Subpart I. These 
regulations also require authorized activities to monitor and report 
interactions with marine mammals.
    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 scope of the 
specific regulations, needs new regulations, or if an authorization for 
an Incidental Harassment Authorization (IHA) is warranted. Information 
required concerns the dates, location, methods and level of activity to 
determine if the potential taking is covered by the specific 
regulations and the statute.
    Because the negligible impact determination had not been made 
previously under regulations, information in a request for an IHA needs 
to include both a description of the activity and an assessment of the 
impacts on marine mammals in the vicinity of the activity. In this 
case, the application for a harassment authorization needs to be as 
detailed as those submitted in a request for regulations that authorize 
marine mammals takings incidental to the activity.
    Reporting takings incidental to the activity is required by the 
MMPA. Generally, an interim report is required approximately 90 days 
after completion of an activity or at the end of the authorization, 
whichever is earlier. If complex data analyses are required, a final 
report may be required. Ninety-day reports, annual reports, and final 
reports must include a description of the activity including time, 
location, and place; a summary of the monitoring program, an assessment 
of the effects of the activity on marine mammals including the 
estimated level of take by species, and any other additional 
requirements listed in either the LOA or IHA.

II. Method of Collection

    Written submissions are made responding to requirements in 
regulations.

III. Data

    OMB Number: 0648-0151.
    Form Number: None.
    Type of Review: Regular submission.
    Affected public: Business and other for-profit organizations, not-
for-profit institutions, federal and state governments.
    Estimated Number of Respondents: 24-30/year.
    Estimated Time Per Response: Varies from 3 hrs to 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 collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection 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 on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: August 31, 2000.
Madeleine Clayton,
Departmental Forms Clearance Officer, Office of the Chief Information 
Officer.
[FR Doc. 00-23134 Filed 9-7-00; 8:45 am]
BILLING CODE 3510-22-S