[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16415-16416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06649]



[[Page 16415]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R7-FHC-2017-N039; FF07CAMM00-178-FXES111607MRG01]


Information Collection Request Sent to the Office of Management 
and Budget for Approval; Incidental Take of Marine Mammals During 
Specified Activities

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice; request for comments.

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SUMMARY: We (U.S. Fish and Wildlife Service) have sent an Information 
Collection Request (ICR) to the Office of Management and Budget (OMB) 
for review and approval. We summarize the ICR below and describe the 
nature of the collection and the estimated burden and cost. This 
information collection is scheduled to expire on March 31, 2017. We may 
not conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number. However, under OMB regulations, we may continue to 
conduct or sponsor this information collection while it is pending at 
OMB.

DATES: You must submit comments on or before May 4, 2017.

ADDRESSES: Send your comments and suggestions on this information 
collection to the Desk Officer for the Department of the Interior at 
OMB-OIRA at (202) 395-5806 (fax) or [email protected] (email). 
Please provide a copy of your comments to the Service Information 
Collection Clearance Officer, U.S. Fish and Wildlife Service, MS BPHC, 
5275 Leesburg Pike, Falls Church, VA 22041-3803 (mail), or 
[email protected] (email). Please include ``1018-0070'' in the 
subject line of your comments. You may review the ICR online at http://www.reginfo.gov. Follow the instructions to review Department of the 
Interior collections under review by OMB.

FOR FURTHER INFORMATION CONTACT: Christopher Putnam, Supervisory Fish 
and Wildlife Biologist, Marine Mammals Management, U.S. Fish and 
Wildlife Service, 1011 East Tudor Rd., MS 341, Anchorage, AK 99503-6199 
(mail), or at [email protected] (email).

SUPPLEMENTARY INFORMATION:

I. Abstract

    This information collection includes requirements associated with 
specified oil and gas industry activities and their incidental taking 
of polar bears, Pacific walruses, and northern sea otters in Alaska. 
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 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.
    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. 
This is a nonform collection. Regulations at 50 CFR 18.27 outline the 
procedures and requirements for submitting a request. Specific 
regulations governing authorized activities in the Beaufort Sea are in 
50 CFR part 18, subpart J. Regulations governing authorized activities 
in the Chukchi Sea are in 50 CFR part 18, subpart I. These regulations 
provide the applicant with a detailed description of information that 
we need to evaluate the proposed activity and determine if it is 
appropriate to issue specific regulations and, subsequently, LOAs.
    We use the information to verify the findings required to issue 
incidental take regulations, to decide if we should issue an LOA, and, 
if issued, what conditions should be included the LOA. In addition, we 
analyze the information to determine impacts to polar bears and Pacific 
walruses and the availability of those marine mammals for subsistence 
purposes of Alaska Natives.

II. Data

    OMB Control Number: 1018-0070.
    Title: Incidental Take of Marine Mammals During Specified 
Activities, 50 CFR 18.27 and 50 CFR 18, Subparts I and J.
    Service Form Number(s): None.
    Type of Request: Extension of a currently approved collection.
    Description of Respondents: Oil and gas industry companies.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Estimated Number of Annual Respondents: 20.
    Frequency of Collection: On occasion.

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                                       Number of      Number of                       Average
          Type of action                annual        responses     Total annual     completion    Total annual
                                      respondents        each         responses     time (hours)   burden hours
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Incidental Take of Marine Mammals--             20           0.1                2          150               300
 Application for Regulations\1\...
Incidental Take of Marine Mammals--             20           1.25              25           24               600
 LOA Requests.....................
Incidental Take of Marine Mammals--             20          15                300            1.5             450
 Onsite Monitoring and Observation
 Reports..........................
Incidental Take of Marine Mammals--             20           1.25              25           10               250
 Final Monitoring Report..........
Polar Bear Den Detection Report...               4           1                  4           50               200
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    Total.........................              84  .............             356  .............           1,800
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\1\ Occurs once every 5 years.

    Estimated Nonhour Cost Burden: We estimate the nonhour cost burden 
to be $200,000 for the Polar Bear Den Detection Survey and Report (4 
responses X $50,000 each).

III. Comments

    On January 11, 2017, we published a notice in the Federal Register 
(82 FR 3350) informing the public of our intent to request revisions of 
this information collection and soliciting comments for 60 days. The 
public comment period closed on March 13, 2017. We received six 
comments in response to that notice. The comments and our responses are 
summarized below.
    Comment (1): The Marine Mammal Commission (Commission) expressed 
support for the information collection

[[Page 16416]]

request. The Commission stated that they believe that the requested 
information is necessary for the Service to evaluate incidental take 
applications and to determine whether to issue incidental take 
regulations and associated LOAs, as required under the MMPA. The 
Commission also agrees that the cost and burden estimates are 
appropriate. The Commission suggested that the Service should request 
that oil and gas industry companies submit information electronically 
(including both the applications and monitoring reports) and then make 
that information publicly accessible, barring any confidentiality 
concerns. The Commission further suggested that the Service make the 
collected information publicly accessible consistent with the manner in 
which the National Marine Fisheries Service handles its incidental take 
authorizations and regulations.
    Our Response: We agree with the Commission that our information 
requests are necessary and appropriate for us to meet our obligations 
under the MMPA. We note that we recommend that oil and gas industry 
companies submit information electronically, though we do accept 
information in a variety of formats to accommodate convenience. We 
collect information primarily via electronic mail. Information that is 
restricted for confidentiality or privacy reasons is summarized and 
anonymized prior to public availability. The Service periodically posts 
issued authorizations and summaries of monitoring report data on our 
Web site and in other public media. The Service believes that we 
provide the public access to relevant information in a transparent 
manner while also fulfilling our responsibility to protect confidential 
information.
    Comment (2): One commenter opposed the killing of polar bears, 
walrus, seals, or any other wildlife by the oil and gas industry. The 
commenter also thinks the Artic should not be open to energy 
exploration and suggested significant fines for anyone killing those 
animals.
    Our Response: The information collection authorization, and the 
associated MMPA incidental take regulations, do not authorize the 
lethal or injurious take of any wildlife, including polar bears and 
walruses, nor do they authorize any activities, including oil and gas 
industry activities. The MMPA provides for both civil and criminal 
penalties for violations of the MMPA. The commenter did not address the 
information collection requirements, and we did not make any changes to 
our information collection; we therefore have no further response.
    Comment (3): One commenter claimed that the proposed information 
collection does not comply with the MMPA and that the proposed method 
of information collection would constitute an unlawful taking under the 
MMPA. The commenter claimed that the proposed information collection 
allows for intentional takings of polar bears. The commenter suggested 
that the proposed information collection must impose much stricter 
standards on obtaining data. The commenter further suggested that 
mandatory polar bear disturbance mitigation requirements should be 
imposed for any LOAs issued under the MMPA incidental take regulations.
    Our Response: We disagree with the commenter's understanding and 
interpretation of the MMPA, the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this information collection authorization, and 
related enacting regulations, terms, and requirements. The commenter 
did not address the information collection requirements, and we did not 
make any changes to our information collection; we therefore have no 
further response.
    Comments (4-6): Three oil and gas industry companies operating in 
Alaska and subject to our collection of information under this 
authorization provided substantially similar comments. The commenters 
support our request for information collection authorization and agree 
that our collection of information is necessary and useful, is not 
overly burdensome at current levels, and that our estimate of the 
burden and costs associated with collecting information is generally 
accurate. However, the commenters expressed a concern that the burden 
and costs in certain cases are occasionally greater than our estimate. 
For example, the location and monitoring of maternal polar bear dens or 
situations when individual polar bears linger in an area for an 
extended time require additional monitoring. The commenters suggested 
that it would improve the usefulness of the collected information, and 
provide a benefit for the regulated public, if the Service would 
provide more frequent public summaries and analyses of collected 
information. For example, the commenters suggested more frequent 
summary and analysis of numbers of reported polar bear observations. 
The commenters also supported the continued use of electronic methods 
of information collection and reporting to reduce the burden and 
increase efficiency.
    Our Response: We agree that our collection of information from oil 
and gas industry companies is necessary and useful, is not overly 
burdensome, and that our estimate of the burden and costs is generally 
accurate. Regarding specific cases where the burden or cost is greater 
than the estimate, we point out that the estimate we provide is an 
annualized average over the 3-year period of the information collection 
authorization for all of the regulated public subject to our collection 
of information. We are confident that the overall estimates are 
generally accurate. Nevertheless, we will continue to work with the 
regulated public to ensure that our information collection is not 
unduly burdensome and that our estimates accurately reflect reality. 
Furthermore, we are currently developing additional technological 
capability to collect information electronically and to enhance our 
ability to provide feedback to the public with relevant information 
products based on the information we collect.
    We again invite comments concerning this information collection on:
     Whether or not the collection of information is necessary, 
including whether or not the information will have practical utility;
     The accuracy of our estimate of the burden for this 
collection of information;
     Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
     Ways to minimize the burden of the collection of 
information on respondents.
    Comments that you submit in response to this notice are a matter of 
public record. Before including your address, phone number, email 
address, or other personal identifying information in your comment, you 
should be aware that your entire comment, including your personal 
identifying information, may be made publicly available at any time. 
While you can ask OMB in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that it 
will be done.

    Authority: The authorities for this action are the Marine Mammal 
Protection Act (MMPA) of 1972, as amended (16 U.S.C. 1361 et seq.), 
and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    Dated: March 30, 2017.
Tina A. Campbell,
Chief, Division of Policy, Performance, and Management Programs, U.S. 
Fish and Wildlife Service.
[FR Doc. 2017-06649 Filed 4-3-17; 8:45 am]
 BILLING CODE 4333-15-P