This material from the Federal Register invites public comment on the proposed guidelines outlined by the NMFS for acceptable methods for deterring marine mammals.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Taking and Importing Marine Mammals: Deterrence Regulations and Guidelines; Proposed Collection; Comment Request
Tuesday, February 24, 1998
*9202 SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before April 27, 1998.
ADDRESSES: Direct all written comments to Linda Engelmeier, Departmental Forms Clearance Officer, Department of Commerce, Room 5327, 14th and Constitution Avenue, NW, Washington DC 20230.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Michael Payne, Chief, Marine Mammal Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910-3226, telephone 301-713-2332.
The Marine Mammal Protection Act (MMPA) provides authority for individuals under the jurisdiction of the United States to deter marine mammals from: damaging private property, including fishing gear or catch, endangering public safety, and damaging public property. The MMPA requires the National Marine Fisheries Service (NMFS) to publish a list of guidelines for use in safely deterring marine mammals and to prohibit deterrence measures that have a significant adverse effect on marine mammals. A rule will set forth these guidelines and prohibitions, including requirements for reporting unintentional marine mammal mortality, petitioning NMFS to prohibit deterrent devices that might seriously injure or kill a marine mammal, and for the authorization to use certain measures to non-lethally deter marine mammals listed under the Endangered Species Act.
II. Method of Collection
Respondents will meet the requirements set forth in the regulation. No forms will be used.
OMB Number: None.
Form Number: None.
Type of Review: Regular Submission.
Affected Public: (1) Any member of the public having an interaction with a marine mammal that for reasons of personal safety, results in the death of the marine mammal. (2) Any member of the public wishing to petition NMFS to have certain deterrence measures either prohibited from use because they may seriously injure or kill a marine mammal or authorized for proper use on marine mammals listed as either threatened or endangered under the Endangered Species Act.
Estimated Number of Respondents: 3 (1 mortality report and 2 petitions per year).
Estimated Time Per Response: 30 minutes per mortality report, 40 hours per petition.
Estimated Total Annual Burden Hours: 81.
Estimated Total Annual Cost to Public: $ 0 (no capital expenditures are required).
IV. Request for Comments
Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.
Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.