Agency Information Collection Activities; Approval Procedures for Incidental Harassment Authorizations of Marine Mammals, 4277-4280 [2022-01593]

Download as PDF 4277 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: VerDate Sep<11>2014 17:53 Jan 26, 2022 Jkt 256001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 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: E:\FR\FM\27JAN1.SGM 27JAN1 lotter on DSK11XQN23PROD with NOTICES1 4278 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 VerDate Sep<11>2014 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 PO 00000 Frm 00088 Fmt 4703 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. E:\FR\FM\27JAN1.SGM 27JAN1 4279 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 lotter on DSK11XQN23PROD with NOTICES1 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 Frm 00089 Fmt 4703 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, VerDate Sep<11>2014 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 Frm 00090 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 27JAN1

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]


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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.

----------------------------------------------------------------------------------------------------------------
                                                                                      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
                                 -------------------------------------------------------------------------------
    Totals:.....................              15  ..............              70  ..............             365
----------------------------------------------------------------------------------------------------------------

    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