Agency Information Collection Activities; Approval Procedures for Incidental Harassment Authorizations of Marine Mammals, 4277-4280 [2022-01593]
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Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Notices
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Non-hour
Burden Cost: $1,100,000 (22 annual
responses × $50,000 each).
Estimated
number of
annual
responses
Activity/requirement
Application for Temporary Access and Operations Permit (§ 29.71) (FWS Form 3–2469) ........
Preexisting Operations (§ 29.61) .................................................................................................
Accessing Oil and Gas Rights from Non-Federal Surface Location (§ 29.80) ...........................
Pre-application Meeting for Operations Permit (§ 29.91) ............................................................
Operations Permit Application (§§ 29.94–29.97) .........................................................................
Financial Assurance (§§ 29.103(b), 29.150) ................................................................................
Identification of Wells and Related Facilities (§ 29.119(b)) .........................................................
Completion
time per
response
(hours)
Estimated
total annual
burden
hours
17
20
2
22
22
22
22
17
50
1
2
140
1
2
289
1,000
2
44
3,080
22
44
150
17
2,550
10
10
10
120
1
1
16
4
10
10
160
480
2
5
1
16
2
80
10
9
1
8
40
8
80
360
8
5
2
140
16
700
32
Affidavit in Support of Claim of Confidentiality (§ 29.210(c) and (d)) ..........................................
Confidential Information (§ 29.210(e) and (f)) .............................................................................
Maintenance of Confidential Information (§ 29.210(h)) ...............................................................
Generic Chemical Name Disclosure (§ 29.210(i)) .......................................................................
1
1
1
1
1
1
1
1
1
1
1
1
Totals: ...................................................................................................................................
465
........................
8,957
Reporting (§ 29.121)
Third-Party Monitor Report (§ 29.121(b)) ....................................................................................
Notification—Injuries/Mortality to Fish and Wildlife and Threatened/Endangered Plants
(§ 29.121(c)) .............................................................................................................................
Notification—Accidents involving Serious Injuries/Death and Fires/Spills (§ 29.121(d)) ............
Written Report—Accidents Involving Serious Injuries/Deaths and Fires/Spills (§ 29.121(d)) .....
Report—Verify Compliance with Permits (§ 29.121(e)) ...............................................................
Notification—Chemical Disclosure of Hydraulic Fracturing Fluids uploaded to FracFocus
(§ 29.121(f)) ..............................................................................................................................
Permit Modifications (§ 29.160(a)) ...............................................................................................
Change of Operator § 29.170
Transferring Operator Notification (§ 29.170) ..............................................................................
Acquiring Operator’s Requirements for Wells Not Under a Service Permit (§ 29.171(a)) ..........
Acquiring Operator’s Acceptance of an Existing Permit (§ 29.171(b)) ........................................
Extension to Well Plugging (§ 29.181(a))
Application for Permit ..................................................................................................................
Modification ..................................................................................................................................
Public Information (§ 29.210)
An agency 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.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2022–01643 Filed 1–26–22; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–ES–2021–0151; FF09420000/223/
FXES111609M0000; OMB Control Number
1018–New]
Agency Information Collection
Activities; Approval Procedures for
Incidental Harassment Authorizations
of Marine Mammals
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service
(Service), are proposing a new
information collection in use without an
Office of Management and Budget
control number.
SUMMARY:
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Interested persons are invited to
submit comments on or before March
28, 2022.
ADDRESSES: Send your comments on the
information collection request (ICR) by
one of the following methods (please
reference ‘‘1018–IHA’’ in the subject
line of your comments):
• Internet (preferred): https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–HQ–ES–2021–
0151.
• Email: Info_Coll@fws.gov.
• U.S. mail: Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, 5275 Leesburg
Pike, MS: PRB (JAO/3W), Falls Church,
VA 22041–3803.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Madonna L. Baucum,
Service Information Collection
DATES:
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27JAN1
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Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Notices
Clearance Officer, by email at Info_
Coll@fws.gov, or by telephone at (703)
358–2503. Individuals who are hearing
or speech impaired may call the Federal
Relay Service at 1–800–877–8339 for
TTY assistance.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act (PRA, 44 U.S.C. 3501 et
seq.) and its implementing regulations
at 5 CFR 1320.8(d)(1), all information
collections require approval under the
PRA. We may not conduct or sponsor
and you are not required to respond to
a collection of information unless it
displays a currently valid Office of
Management and Budget (OMB) control
number.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we invite the public and other
Federal agencies to comment on new,
proposed, revised, and continuing
collections of information. This helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand our
information collection requirements and
provide the requested data in the
desired format.
We are especially interested in public
comment addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. 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 us in your comment
to withhold your personal identifying
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17:53 Jan 26, 2022
Jkt 256001
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: Section 101(a)(5)(D) of the
Marine Mammal Protection Act of 1972
(MMPA; 16 U.S.C. 1361 et seq.)
authorizes the Secretary of the Interior
(Secretary) to allow, upon request, the
incidental, but not intentional, taking by
harassment of small numbers of marine
mammals of a species or population
stock by U.S. citizens who engage in a
specified activity (other than
commercial fishing) within a specific
geographic region for periods of not
more than 1 year. The Service may
authorize incidental take by harassment
if statutory and regulatory procedures
are followed and the Service finds: (i)
Take is of a small number of marine
mammals of a species or stock, (ii) take
will have a negligible impact on the
species or stock, and (iii) take will not
have an unmitigable adverse impact on
the availability of the species or stock
for taking for subsistence uses by Alaska
Natives.
The term ‘‘take’’ means to harass,
hunt, capture, or kill, or attempt to
harass, hunt, capture, or kill, any marine
mammal. Harassment means any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (the MMPA defines this as ‘‘Level
A harassment’’), or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns,
including, but not limited to, migration,
breathing, nursing, breeding, feeding, or
sheltering (the MMPA defines this as
‘‘Level B harassment’’).
The terms ‘‘negligible impact,’’ ‘‘small
numbers,’’ and ‘‘unmitigable adverse
impact’’ are defined in 50 CFR 18.27
(i.e., the Service’s regulations governing
small takes of marine mammals
incidental to specified activities).
‘‘Negligible impact’’ is an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
‘‘Unmitigable adverse impact’’ means an
impact resulting from the specified
activity (1) that is likely to reduce the
availability of the species to a level
insufficient for a harvest to meet
subsistence needs by (i) causing the
marine mammals to abandon or avoid
hunting areas, (ii) directly displacing
subsistence users, or (iii) placing
physical barriers between the marine
mammals and the subsistence hunters;
and (2) that cannot be sufficiently
mitigated by other measures to increase
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Sfmt 4703
the availability of marine mammals to
allow subsistence needs to be met.
The term ‘‘small numbers’’ is also
defined in 50 CFR 18.27. However, we
do not rely on that definition here as it
conflates ‘‘small numbers’’ with
‘‘negligible impacts.’’ We recognize
‘‘small numbers’’ and ‘‘negligible
impact’’ as separate and distinct
considerations when reviewing requests
for incidental harassment authorizations
(IHA) under the MMPA (see Natural
Res. Def. Council, Inc. v. Evans, 232 F.
Supp. 2d 1003, 1025 (N.D. Cal. 2003)).
Instead, for our small numbers
determination, we estimate the likely
number of takes of marine mammals
and evaluate if that take is small relative
to the size of the species or stock.
The term ‘‘least practicable adverse
impact’’ is not defined in the MMPA or
its enacting regulations. The Service
ensures the least practicable adverse
impact through mitigation measures that
are effective in reducing the impact of
project activities but are not so
restrictive as to make project activities
unduly burdensome or impossible to
undertake and complete.
If the requisite findings are made, the
Service issues an IHA, which may set
forth the following: (i) Permissible
methods of taking; (ii) other means of
effecting the least practicable impact on
the species or stock and its habitat,
paying particular attention to rookeries,
mating grounds, and areas of similar
significance, and on the availability of
the species or stock for taking for
subsistence uses by coastal dwelling
Alaska Natives (if applicable); and (iii)
requirements for monitoring and
reporting such take by harassment.
Applicants seeking to conduct
activities may request an IHA for the
specified activity. If the IHA is issued,
the applicants must submit on-site
monitoring reports and a final report of
the activity to the Secretary.
This is a non-form collection.
Applicants must comply with the
regulations at 50 CFR 18.27, which
outline the procedures and
requirements for submitting a request.
These regulations provide the applicant
with a detailed description of
information the Service needs in order
to evaluate the proposed activity and
make the required determinations.
Specifically, applicants must submit the
following information to the Service as
part of the IHA application process:
• A description of the specific
activity or class of activities that can be
expected to result in incidental taking of
marine mammals, and
• The dates and duration of such
activity and the specific geographical
region where it will occur.
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Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Notices
• Based on the best available
scientific information, each applicant
must also:
—Estimate the species and numbers of
marine mammals likely to be taken by
age, sex, and reproductive conditions,
and the type of taking (e.g.,
disturbance by sound, injury or death
resulting from collision, etc.) and the
number of times such taking is likely
to occur;
—Describe the status, distribution, and
seasonal distribution (when
applicable) of the affected species or
stocks likely to be affected by such
activities;
—Describe the anticipated impacts of an
activity upon the species or stocks;
—Discuss the anticipated impact of the
activity on the availability of the
species or stocks for subsistence uses;
• Discuss the anticipated impact of
the activity upon the habitat of the
marine mammal populations and the
likelihood of restoration of the affected
habitat;
• Describe the anticipated impact of
the loss or modification of the habitat on
the marine mammal population
involved;
• Describe availability and feasibility
(economic and technological) of
equipment, methods, and manner of
conducting such activity or other means
of effecting the least practicable adverse
impact upon the affected species or
stocks, their habitat, and, where
relevant, on their availability for
subsistence uses, paying particular
attention to rookeries, mating grounds,
and areas of similar significance;
• Discuss the suggested means of
accomplishing the necessary monitoring
and reporting which will result in
increased knowledge of the species
through an analysis of the level of taking
or impacts, and suggested means of
minimizing burdens by coordinating
such reporting requirements with other
schemes already applicable to persons
conducting such activity; and
• Suggest means of learning of,
encouraging, and coordinating research
opportunities, plans, and activities
relating to reducing such incidental
taking from such specified activities,
and evaluating their effects.
The Service uses the information to
draft the proposed IHA, including
proposed determinations and mitigation
measures to ensure the least practicable
adverse impacts on the species or stock
and its habitat. Upon IHA issuance,
applicants must submit monitoring and
final reports indicating the nature and
extent of all takes of marine mammals
that occurred incidentally to the
specified activity. The purpose of
monitoring requirements is to assess the
effects of project activities on the
species or stock, ensure that take is
consistent with that anticipated in the
negligible impact and subsistence use
analyses, and detect any unanticipated
effects on the species or stock. Because
Average
number of
annual
respondents
Requirement
Average
number of
responses
each
the length of project activities varies by
project (a few weeks to a few months),
some projects require weekly reports
during project activities.
OMB previously approved
information collection requirements
associated with incidental take
regulations (ITRs) and letters of
authorization (LOAs) contained in 50
CFR 18, subparts J (Beaufort Sea) and K
(Cook Inlet) under OMB Control
Number 1018–0070. Because the ITRs
and associated LOAs authorize specific
entities to incidentally take marine
mammals while engaged in specified
activities within a specific geographic
region for periods of not more than 5
years, the Service will request a separate
OMB control number for information
collection requirements associated with
IHAs.
Title of Collection: Approval
Procedures for Incidental Harassment
Authorizations of Marine Mammals (50
CFR 18.27).
OMB Control Number: 1018–New.
Form Number: None.
Type of Review: Existing collection in
use without an OMB control number.
Respondents/Affected Public: Private
sector and State/local/Tribal
government.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: None.
Average
completion
time per
response
(hours)
Average
number of
annual
responses
Estimated
annual burden
hours
Incidental Harassment Authorization—Application
Private Sector ......................................................................
Government .........................................................................
4
1
1
1
4
1
50
50
200
50
48
12
1.5
1.5
72
18
Incidental Harassment Authorization—Monitoring and Observation Reports
Private Sector ......................................................................
Government .........................................................................
4
1
12
12
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Incidental Harassment Authorization—Final Report
Private Sector ......................................................................
Government .........................................................................
4
1
1
1
4
1
5
5
20
5
Totals: ...........................................................................
15
........................
70
........................
365
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
VerDate Sep<11>2014
17:53 Jan 26, 2022
Jkt 256001
unless it displays a currently valid OMB
control number.
PO 00000
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Sfmt 4703
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
E:\FR\FM\27JAN1.SGM
27JAN1
4280
Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Notices
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2022–01593 Filed 1–26–22; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWY–926000–223–L14400000–BJ0000–
LXSSK15600000; LLWY–926000–XXX–
L19100000–BJ0000–LRCSKX103300;
LLWY–926000–XXX–L19100000–BJ0000–
LRCSKX103600]
Filing of Plats of Survey, Wyoming
Bureau of Land Management,
Interior.
ACTION: Notice of official filing.
AGENCY:
The Bureau of Land
Management (BLM) is scheduled to file
plats of survey 30 calendar days from
the date of this publication in the BLM
Wyoming State Office, Cheyenne,
Wyoming. These surveys, which were
executed at the request of the Bureau of
Indian Affairs and U.S. Forest Service,
are necessary for the management of
these lands.
DATES: Protests must be received by the
BLM prior to the scheduled date of
official filing by February 28, 2022.
ADDRESSES: You may submit written
protests to the Wyoming State Director
at WY926, Bureau of Land Management,
5353 Yellowstone Road, Cheyenne,
Wyoming 82009.
FOR FURTHER INFORMATION CONTACT:
Sonja Sparks, BLM Wyoming Chief
Cadastral Surveyor, by telephone at
(307) 775–6225 or by email at
s75spark@blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service at 1–800–877–8339 to contact
this office during normal business
hours. The Service is available 24 hours
a day, 7 days a week, to leave a message
or question with this office. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: The plats
of survey of the following described
lands are scheduled to be officially filed
in the BLM Wyoming State Office,
Cheyenne, Wyoming.
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
Wind River Meridian, Wyoming
T. 1 S., R. 4 E., Group No. 962, dependent
resurvey and survey, accepted January 7,
2022
SIXTH PRINCIPAL MERIDIAN, WYOMING
T. 14 N., R. 86 W., Group No. 1026,
dependent resurvey and survey,
accepted January 7, 2022
T. 18 N., R. 80 W., Group No. 1027,
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17:53 Jan 26, 2022
Jkt 256001
dependent resurvey and survey,
accepted January 7, 2022
T. 18 N., R. 81 W., Group No. 1027,
dependent resurvey and survey,
accepted January 7, 2022
T. 14 N., R. 87 W., Group No. 1055,
supplemental plat, accepted January 7,
2022
A person or party who wishes to
protest one or more plats of survey
identified in this notice must file a
written notice of protest within 30
calendar days from the date of this
publication with the Wyoming State
Director at the above address. Any
notice of protest received after the
scheduled date of official filing will be
untimely and will not be considered. A
written statement of reasons in support
of a protest, if not filed with the notice
of protest, must be filed with the State
Director within 30 calendar days after
the notice of protest is filed. If a notice
of protest against a plat of survey is
received prior to the scheduled date of
official filing, the official filing of the
plat of survey identified in the notice of
protest will be stayed pending
consideration of the protest. A plat of
survey will not be officially filed until
the next business day following
dismissal or resolution of all protests of
the plat.
Before including your address, phone
number, email address, or other
personal identifying information in your
protest, you should be aware that your
entire protest—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so.
Copies of the preceding described plat
and field notes are available to the
public at a cost of $4.20 per plat and
$0.15 per page of field notes. Requests
can be made to blm_wy_survey_
records@blm.gov or by telephone at
307–775–6222.
(Authority: 43 U.S.C., Chapter 3).
Dated: January 7, 2022.
Sonja S. Sparks,
Chief Cadastral Surveyor of Wyoming.
[FR Doc. 2022–01571 Filed 1–26–22; 8:45 am]
BILLING CODE 4310–22–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCA942000 L57000000.BX0000
20XL5017AR; MO#4500159595]
Filing of Plats of Survey: California
AGENCY:
Bureau of Land Management,
Interior.
PO 00000
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Fmt 4703
Sfmt 4703
ACTION:
Notice of official filing.
The plats of survey of lands
described in this notice are scheduled to
be officially filed in the Bureau of Land
Management (BLM), California State
Office, Sacramento, California, 30
calendar days from the date of this
publication. The surveys, which were
executed at the request of the General
Services Administration, Department of
Defense, U.S. Fish and Wildlife Service,
U.S. Forest Service, and BLM, are
necessary for the management of these
lands.
DATES: Unless there are protests to this
action, the plats described in this notice
will be filed on February 28, 2022.
ADDRESSES: You may submit written
protests to the BLM California State
Office, Cadastral Survey, 2800 Cottage
Way, W–1623, Sacramento, CA 95825.
A copy of the plats may be obtained
from the BLM California State Office,
Public Room, 2800 Cottage Way, W–
1623, Sacramento, California 95825,
upon required payment.
FOR FURTHER INFORMATION CONTACT: Joan
Honda, Chief, Branch of Cadastral
Survey, Bureau of Land Management,
California State Office, 2800 Cottage
Way, W–1623, Sacramento, California
95825; (916) 978–4316; jhonda@
blm.gov.
Persons who use a
telecommunications device for the deaf
may call the Federal Relay Service (FRS)
at (800) 877–8339 to contact Joan Honda
during normal business hours. The
Service is available 24 hours a day, 7
days a week, to leave a message or
question. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: The lands
surveyed are:
SUMMARY:
Mount Diablo Meridian, California
T. 13 S., R. 27 E., dependent resurvey and
subdivision, for Group No. 1771,
accepted April 7, 2021.
T. 14 S., R. 27 E., dependent resurvey and
subdivision, for Group No. 1771,
accepted April 12, 2021.
T. 22 S., R. 36 E., dependent resurvey and
subdivision of sections, for Group No.
1334, accepted May 3, 2021.
T. 26 N., R. 7 E., dependent resurvey and
subdivision, for Group No. 1729,
accepted July 20, 2021.
T. 30 S., R. 41 E., supplemental plat of a
portion of the NE 1/4 of section 6,
accepted July 20, 2021.
Tps. 3 & 4 N., R. 5 W., meander survey and
metes-and-bounds survey, for Group No.
1781, accepted September 23, 2021.
T. 25 N., R. 17 E., dependent resurvey and
metes-and-bounds survey, for Group No.
1792, accepted October 26, 2021.
T. 13 S., R. 11 E., dependent resurvey,
subdivision of sections, and metes-andbounds survey, for Group No. 1793,
E:\FR\FM\27JAN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Notices]
[Pages 4277-4280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01593]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-ES-2021-0151; FF09420000/223/FXES111609M0000; OMB Control
Number 1018-New]
Agency Information Collection Activities; Approval Procedures for
Incidental Harassment Authorizations of Marine Mammals
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service (Service), are proposing a new
information collection in use without an Office of Management and
Budget control number.
DATES: Interested persons are invited to submit comments on or before
March 28, 2022.
ADDRESSES: Send your comments on the information collection request
(ICR) by one of the following methods (please reference ``1018-IHA'' in
the subject line of your comments):
Internet (preferred): https://www.regulations.gov. Follow
the instructions for submitting comments on Docket No. FWS-HQ-ES-2021-
0151.
Email: [email protected].
U.S. mail: Service Information Collection Clearance
Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB
(JAO/3W), Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Madonna L. Baucum, Service Information
Collection
[[Page 4278]]
Clearance Officer, by email at [email protected], or by telephone at
(703) 358-2503. Individuals who are hearing or speech impaired may call
the Federal Relay Service at 1-800-877-8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act (PRA, 44 U.S.C. 3501 et seq.) and its implementing regulations at 5
CFR 1320.8(d)(1), all information collections require approval under
the PRA. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid Office of Management and Budget (OMB) control number.
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies to comment on
new, proposed, revised, and continuing collections of information. This
helps us assess the impact of our information collection requirements
and minimize the public's reporting burden. It also helps the public
understand our information collection requirements and provide the
requested data in the desired format.
We are especially interested in public comment addressing the
following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this ICR. 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 us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Abstract: Section 101(a)(5)(D) of the Marine Mammal Protection Act
of 1972 (MMPA; 16 U.S.C. 1361 et seq.) authorizes the Secretary of the
Interior (Secretary) to allow, upon request, the incidental, but not
intentional, taking by harassment of small numbers of marine mammals of
a species or population stock by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specific
geographic region for periods of not more than 1 year. The Service may
authorize incidental take by harassment if statutory and regulatory
procedures are followed and the Service finds: (i) Take is of a small
number of marine mammals of a species or stock, (ii) take will have a
negligible impact on the species or stock, and (iii) take will not have
an unmitigable adverse impact on the availability of the species or
stock for taking for subsistence uses by Alaska Natives.
The term ``take'' means to harass, hunt, capture, or kill, or
attempt to harass, hunt, capture, or kill, any marine mammal.
Harassment means any act of pursuit, torment, or annoyance which (i)
has the potential to injure a marine mammal or marine mammal stock in
the wild (the MMPA defines this as ``Level A harassment''), or (ii) has
the potential to disturb a marine mammal or marine mammal stock in the
wild by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (the MMPA defines this as ``Level B harassment'').
The terms ``negligible impact,'' ``small numbers,'' and
``unmitigable adverse impact'' are defined in 50 CFR 18.27 (i.e., the
Service's regulations governing small takes of marine mammals
incidental to specified activities). ``Negligible impact'' is an impact
resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival. ``Unmitigable adverse impact'' means an impact resulting from
the specified activity (1) that is likely to reduce the availability of
the species to a level insufficient for a harvest to meet subsistence
needs by (i) causing the marine mammals to abandon or avoid hunting
areas, (ii) directly displacing subsistence users, or (iii) placing
physical barriers between the marine mammals and the subsistence
hunters; and (2) that cannot be sufficiently mitigated by other
measures to increase the availability of marine mammals to allow
subsistence needs to be met.
The term ``small numbers'' is also defined in 50 CFR 18.27.
However, we do not rely on that definition here as it conflates ``small
numbers'' with ``negligible impacts.'' We recognize ``small numbers''
and ``negligible impact'' as separate and distinct considerations when
reviewing requests for incidental harassment authorizations (IHA) under
the MMPA (see Natural Res. Def. Council, Inc. v. Evans, 232 F. Supp. 2d
1003, 1025 (N.D. Cal. 2003)). Instead, for our small numbers
determination, we estimate the likely number of takes of marine mammals
and evaluate if that take is small relative to the size of the species
or stock.
The term ``least practicable adverse impact'' is not defined in the
MMPA or its enacting regulations. The Service ensures the least
practicable adverse impact through mitigation measures that are
effective in reducing the impact of project activities but are not so
restrictive as to make project activities unduly burdensome or
impossible to undertake and complete.
If the requisite findings are made, the Service issues an IHA,
which may set forth the following: (i) Permissible methods of taking;
(ii) other means of effecting the least practicable impact on the
species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of the species or stock for taking for subsistence
uses by coastal dwelling Alaska Natives (if applicable); and (iii)
requirements for monitoring and reporting such take by harassment.
Applicants seeking to conduct activities may request an IHA for the
specified activity. If the IHA is issued, the applicants must submit
on-site monitoring reports and a final report of the activity to the
Secretary.
This is a non-form collection. Applicants must comply with the
regulations at 50 CFR 18.27, which outline the procedures and
requirements for submitting a request. These regulations provide the
applicant with a detailed description of information the Service needs
in order to evaluate the proposed activity and make the required
determinations. Specifically, applicants must submit the following
information to the Service as part of the IHA application process:
A description of the specific activity or class of
activities that can be expected to result in incidental taking of
marine mammals, and
The dates and duration of such activity and the specific
geographical region where it will occur.
[[Page 4279]]
Based on the best available scientific information, each
applicant must also:
--Estimate the species and numbers of marine mammals likely to be taken
by age, sex, and reproductive conditions, and the type of taking (e.g.,
disturbance by sound, injury or death resulting from collision, etc.)
and the number of times such taking is likely to occur;
--Describe the status, distribution, and seasonal distribution (when
applicable) of the affected species or stocks likely to be affected by
such activities;
--Describe the anticipated impacts of an activity upon the species or
stocks;
--Discuss the anticipated impact of the activity on the availability of
the species or stocks for subsistence uses;
Discuss the anticipated impact of the activity upon the
habitat of the marine mammal populations and the likelihood of
restoration of the affected habitat;
Describe the anticipated impact of the loss or
modification of the habitat on the marine mammal population involved;
Describe availability and feasibility (economic and
technological) of equipment, methods, and manner of conducting such
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks, their habitat, and, where
relevant, on their availability for subsistence uses, paying particular
attention to rookeries, mating grounds, and areas of similar
significance;
Discuss the suggested means of accomplishing the necessary
monitoring and reporting which will result in increased knowledge of
the species through an analysis of the level of taking or impacts, and
suggested means of minimizing burdens by coordinating such reporting
requirements with other schemes already applicable to persons
conducting such activity; and
Suggest means of learning of, encouraging, and
coordinating research opportunities, plans, and activities relating to
reducing such incidental taking from such specified activities, and
evaluating their effects.
The Service uses the information to draft the proposed IHA,
including proposed determinations and mitigation measures to ensure the
least practicable adverse impacts on the species or stock and its
habitat. Upon IHA issuance, applicants must submit monitoring and final
reports indicating the nature and extent of all takes of marine mammals
that occurred incidentally to the specified activity. The purpose of
monitoring requirements is to assess the effects of project activities
on the species or stock, ensure that take is consistent with that
anticipated in the negligible impact and subsistence use analyses, and
detect any unanticipated effects on the species or stock. Because the
length of project activities varies by project (a few weeks to a few
months), some projects require weekly reports during project
activities.
OMB previously approved information collection requirements
associated with incidental take regulations (ITRs) and letters of
authorization (LOAs) contained in 50 CFR 18, subparts J (Beaufort Sea)
and K (Cook Inlet) under OMB Control Number 1018-0070. Because the ITRs
and associated LOAs authorize specific entities to incidentally take
marine mammals while engaged in specified activities within a specific
geographic region for periods of not more than 5 years, the Service
will request a separate OMB control number for information collection
requirements associated with IHAs.
Title of Collection: Approval Procedures for Incidental Harassment
Authorizations of Marine Mammals (50 CFR 18.27).
OMB Control Number: 1018-New.
Form Number: None.
Type of Review: Existing collection in use without an OMB control
number.
Respondents/Affected Public: Private sector and State/local/Tribal
government.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: None.
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Average
Average number Average number Average number completion Estimated
Requirement of annual of responses of annual time per annual burden
respondents each responses response hours
(hours)
----------------------------------------------------------------------------------------------------------------
Incidental Harassment Authorization--Application
----------------------------------------------------------------------------------------------------------------
Private Sector.................. 4 1 4 50 200
Government...................... 1 1 1 50 50
----------------------------------------------------------------------------------------------------------------
Incidental Harassment Authorization--Monitoring and Observation Reports
----------------------------------------------------------------------------------------------------------------
Private Sector.................. 4 12 48 1.5 72
Government...................... 1 12 12 1.5 18
----------------------------------------------------------------------------------------------------------------
Incidental Harassment Authorization--Final Report
----------------------------------------------------------------------------------------------------------------
Private Sector.................. 4 1 4 5 20
Government...................... 1 1 1 5 5
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Totals:..................... 15 .............. 70 .............. 365
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An agency 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.
The authority for this action is the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
[[Page 4280]]
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2022-01593 Filed 1-26-22; 8:45 am]
BILLING CODE 4333-15-P
