[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Notices]
[Pages 58124-58129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20662]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-HQ-MB-2022-0139; FF07CAFB00/223/FXFR13350700001; OMB
Control Number 1018-0146]
Agency Information Collection Activities; Depredation and Control
Orders
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 to renew an
information collection.
DATES: Interested persons are invited to submit comments on or before
November 22, 2022.
ADDRESSES: Send your comments on the information collection request
(ICR) by one of the following methods (please reference 1018-0146 in
the subject line of your comments):
Internet (preferred): https://www.regulations.gov. Follow
the instructions for submitting comments on Docket No. FWS-HQ-MB-2022-
0139.
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 Clearance Officer, by email at Info_Coll@fws.gov, or by
telephone at (703) 358-2503. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
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 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
[[Page 58125]]
information from public review, we cannot guarantee that we will be
able to do so.
Abstract: The Migratory Bird Treaty Act (MBTA; 16 U.S.C. 703 et
seq.) implements four treaties concerning migratory birds signed by the
United States with Canada, Mexico, Japan, and Russia. These treaties
require that we preserve most U.S. species of birds, and prohibit
activities involving migratory birds, except as authorized by
regulation. Under the MBTA, it is unlawful to take, possess, import,
export, transport, sell, purchase, barter--or offer for sale, purchase,
or barter--migratory birds or their parts, nests, or eggs, except as
authorized by regulation. This information collection is associated
with our regulations that implement the MBTA. We collect information
concerning depredation actions taken to determine the number of take of
birds of each species each year and whether the control actions are
likely to affect the populations of those species.
FWS Form 3-2436, ``Depredation and Control Orders--Annual Reporting''
Regulations at 50 CFR 21 establish depredation orders and impose
reporting and recordkeeping requirements. All persons or entities
acting under depredation orders must provide an annual report. The
capture and disposition of all non-target migratory birds, including
Endangered, Threatened, or Candidate species must be reported on the
Annual Report. In addition to the name, address, phone number, and
email address of each person or entity operating under the Order, we
collect the following information for each target and non-target
species taken:
Species taken,
Number of birds taken,
Months and years in which the birds were taken,
State(s) and county(ies) in which the birds were taken,
General purpose for which the birds were taken (such as
for protection of agriculture, human health and safety, property, or
natural resources), and
Disposition of non-target species (released, sent to
rehabilitation facilities, etc.).
We use the information to:
Identify the person or entity acting under depredation
orders;
Assess the impact to non-target migratory birds or other
species;
Ensure that agencies and individuals operate in accordance
with the terms, conditions, and purpose of the orders;
Inform us as to whether there are areas in which control
activities are concentrated and might be conducted more efficiently;
and
Help gauge the effectiveness of the following orders in
mitigating order-specific related damages:
Sec. 21.43--Depredation order for blackbirds, cowbirds, crows,
grackles, and magpies;
Sec. 21.44--Depredation order for horned larks, house finches, and
white-crowned sparrows in California;
Sec. 21.46--Depredation order for depredating California scrub
jays and Steller's jays in Washington and Oregon;
Sec. 21.49--Control order for resident Canada geese at airports
and military airfields;
Sec. 21.50--Depredation order for resident Canada geese nests and
eggs;
Sec. 21.51--Depredation order for resident Canada geese at
agricultural facilities;
Sec. 21.52--Public health control order for resident Canada geese;
Sec. 21.53--Control order for purple swamphens;
Sec. 21.54--Control Order for Muscovy ducks in the United States;
Sec. 21.55--Control order for invasive migratory birds in Hawaii;
Sec. 21.60--Conservation Order for light geese; and
Sec. 21.61--Population control of resident Canada geese.
Recordkeeping Requirements (50 CFR 13.48)
Persons and entities operating under these orders must keep
accurate records to complete Forms 3-2436. The records of any taking
must be legibly written or reproducible in English and maintained for 5
years after the persons or entities have ceased the activity authorized
by this Order. Persons or entities who reside or are located in the
United States and persons or entities conducting commercial activities
in the United States who reside or are located outside the United
States must maintain records at a location in the United States where
the records are available for inspection.
Endangered, Threatened, and Candidate Species Take Report (50 CFR 21)
If attempts to trap any species under a depredation order injure a
bird of a non-target species that is federally listed as endangered or
threatened, or that is a candidate for listing, the bird must be
delivered to a rehabilitator and must be reported by phone or email to
the nearest Service Field Office or Special Agent. Capture and
disposition of all non-target migratory birds must also be reported on
the annual report.
Required Notifications (50 CFR 21)
Sec. 21.43--Report take of nontarget federally protected
migratory birds to the nearest Service Field Office or Special Agent.
Sec. 21.49--Airports and military airfields or their
agents must obtain authorization from landowners for all management
activities conducted outside the airport or military airfield's
boundaries.
Sec. 21.49--Airports and military airfields or their
agents must notify USFWS Ecological Service offices if control
activities are proposed in or around occupied habitats.
Sec. 21.50--Registrants may conduct resident Canada goose
nest and egg destruction activities at any time of year. Homeowners'
associations and local governments or their agents must obtain
landowner consent prior to destroying nests and eggs on private
property within the homeowners' association or local government's
jurisdiction and be in compliance with all State and local laws and
regulations.
Sec. 21.50--To protect certain species from being
adversely affected by management actions, registrants must contact the
Service if control activities are proposed in or around occupied
habitats to discuss the proposed activity and ensure that
implementation will not adversely affect protected species or their
habitat.
Sec. 21.52--Information on birds carrying metal leg bands
must be submitted to the Bird Banding Laboratory by means of a toll-
free telephone number at 1-800-327-BAND (or 2263). (U.S. Geological
Survey OMB Control Number 1028-0082)
Sec. 21.52--Information on birds carrying metal leg bands
must be submitted to the Bird Banding Laboratory by means of a toll-
free telephone number at 1-800-327-BAND (or 2263).
Sec. 21.52--Any State or Tribal employee or designated
agent conducting such activities must promptly furnish whatever
information is required concerning such activities to any such wildlife
officer.
Sec. 21.52--To protect certain species from being
adversely affected by management actions, registrants must contact the
Service if control activities are proposed in or around occupied
habitats to discuss the proposed activity and ensure that
implementation will not adversely affect protected species or their
habitat.
Sec. 21.53--Authorized individuals operating this
regulation must immediately report the take of any other species
protected under the Endangered
[[Page 58126]]
Species Act (ESA), the MBTA, or the Bald and Golden Eagle Protection
Act to the nearest Ecological Services office of the Fish and Wildlife
Service.
Sec. 21.54--Authorized individuals operating this order
must immediately report the take of any species protected under the
ESA, or any other bird species protected under the MBTA, to the Fish
and Wildlife Service Ecological Services Office for the State or
location in which the take occurred.
Sec. 21.54--Authorized individuals operating this order
must obtain appropriate landowner permission before conducting
activities authorized by this order.
Sec. 21.55--Authorized personnel must obtain
authorization from landowners prior to conducting management activities
authorized by this order.
Sec. 21.55--Authorized individuals operating this order
must immediately report the take of any species protected under the ESA
or MBTA within 72 hours the take to the Pacific Region Migratory Bird
Permit Office in Portland, Oregon.
Sec. 21.61--Authorized individuals operating under this
section must immediately report the take of any species protected under
the Endangered Species Act to the Service.
Conservation Order for Light Geese (50 CFR 21.60)
We published a final Environmental Impact Statement on light goose
management in June 2007 and reaffirmed Sec. 21.60 in a final rule
published on November 5, 2008 (73 FR 65926). Publication of this final
rule now supersedes the Arctic Tundra Habitat Emergency Conservation
Act which is no longer in effect. These regulations impose require
States and Tribes keep annual records of activities carried out under
the authority of the conservation order and submit an annual report
summarizing activities conducted under the conservation order on or
before September 15 of each year. Specifically, information must be
collected on:
The number of persons participating in the conservation
order;
The number of days people participated in the conservation
order;
The number of light geese shot and retrieved under the
conservation order; and
The number of light geese shot but not retrieved.
Conservation Order Participants--Provide Information to States (50 CFR
21.60)
Persons acting under the authority of the conservation order must
permit at all reasonable times, including during actual operations, any
Federal or State game or deputy game agent, warden, protector, or other
game law enforcement officer free and unrestricted access over the
premises on which such operations have been or are being conducted and
must promptly furnish whatever information an officer requires
concerning the operation.
Control and Management of Resident Canada Geese (50 CFR 20.21, 21.49,
21.50, 21.51, 21.52 and 21.61)
We use the information required in 50 CFR part 21, subpart E to
monitor the status of resident Canada goose populations and to assess
the impacts that this alternative regulatory strategy may have on
resident Canada goose populations.
Except for the nest and egg depredation order, there is no
specified form for providing the information. The nest and egg
depredation order employs a web-based computer registration system with
screens designed to collect the appropriate information.
Annual Report--Airport Control Order (50 CFR 21.49)
Airports and military airfields exercising the privileges granted
by this section must:
Submit information on birds carrying metal leg bands to
the Bird Banding Laboratory (Sec. 21.49(d)(4)). OMB has approved this
information collection under OMB Control No. 1028-0082. We use this
information to track geographic movement and survival of individual
birds.
Submit an annual report summarizing activities, including
the date and numbers and location of birds, nests, and eggs taken by
December 31 (Sec. 21.49(d)(8)). We use this information to monitor the
resident Canada goose populations in different areas of the country.
Immediately report to the appropriate migratory bird
office, the take of any species protected under the ESA (Sec.
21.49(d)(8)). This information ensures that the program does not exceed
incidental take limits authorized under section 7 of the ESA. Further,
to protect certain species from being adversely affected by management
actions, registrants must notify USFWS Ecological Service offices if
control activities are proposed in or around occupied habitats.
Nest and Egg Depredation Order (50 CFR 21.50)
Landowners operating under this order must:
Register with the Service using our web-based registration
system (https://epermits.fws.gov/eRCGR) (Sec. 21.50(d)(1)).
Registration includes name of landowner, names of designated agents,
location of management activities, and contact information. The
registration is valid for 1 year; the registrant must renew the
registration each year he or she wishes to take nests and eggs. To
renew the registration, the registrant must review the information and
certify that it is correct. If any information entered during initial
registration has changed, the registrant only needs to enter the
revised information. We use this information for enforcement purposes
and to contact registrants when there are questions regarding their
report information. We uploaded screen shots of the registration
website and a copy of the User Guide as supplementary documents in
ROCIS.
Complete an annual report summarizing the date (month),
numbers, and location of nests and eggs taken by October 31 (Sec.
21.50(d)(6)). We use this information to monitor the effectiveness of
the program and the cumulative effect of the take of nests and eggs on
various subpopulations of resident Canada goose populations in
different areas of the country. We distribute reports of the numbers of
nests and eggs taken, by State and county, annually to the States,
Flyway Councils, and Service biologists for their use in determining
allowable take by other methods, including hunting seasons. We now also
include this information on the registration website.
Immediately report to the appropriate migratory bird
office, the take of any species protected under the ESA (Sec.
21.50(d)(8)). This information ensures that the program does not exceed
incidental take limits authorized under section 7 of the ESA.
Agricultural Depredation Order (50 CFR 21.51)
Authorized agricultural producers and their employees and
agents must submit information on birds carrying metal leg bands to the
Bird Banding Laboratory (Sec. 21.51(d)(5)). This information is used
to track geographic movement and survival of individual birds. OMB has
approved this information collection under OMB Control No. 1028-0082
(Interior--US Geological Survey).
Recordkeeping Requirement (Private Sector Only)--
Authorized agricultural producers must:
[[Page 58127]]
--Keep and maintain a log that indicates the date and number of birds
killed and the date and number of nests and eggs taken under this
authorization;
--Maintain the log for a period of 3 years (and records for 3 previous
years of takings at all times thereafter); and
--Make the log and any related records available to Federal, State, or
Tribal wildlife enforcement officers (Sec. 21.51(d)(8)).
Reporting Requirement (States and Tribes Only)--States and
Tribes must submit by December 31 an annual report summarizing
activities, including the numbers of birds, nests, and eggs taken and
county where taken (Sec. 21.51(d)(10)). We use this information to
monitor the resident Canada goose populations in different areas of the
country.
Persons operating under this order must immediately report
to the appropriate migratory bird office, the take of any species
protected under the ESA (Sec. 21.51(d)(12)). This ensures that the
program does not exceed incidental take limits authorized under section
7 of the ESA.
Public Health Control Order (50 CFR 21.52)
States and Tribes must:
Submit information on birds carrying metal leg bands to
the Bird Banding Laboratory (Sec. 21.52(e)(4)). This information is
used to track geographic movement and survival of individual birds. OMB
has approved this information collection under OMB Control No. 1028-
0082.
Promptly furnish whatever information is required
concerning such activities to any Service special agent or refuge
officer, State or Tribal wildlife or deputy wildlife agent, warden,
protector, or other wildlife law enforcement officer (Sec.
21.52(e)(8)).
Submit by December 31 an annual report summarizing
activities, including the numbers and county of birds taken (Sec.
21.52(e)(9)). We use this information to monitor the resident Canada
goose populations in different areas of the country.
Immediately report to the appropriate migratory bird
office, the take of any species protected under the ESA (Sec.
21.52(e)(10)). This ensures that the program does not exceed incidental
take limits authorized under section 7 of the ESA.
Notify USFWS Ecological Service offices if control
activities are proposed in or around occupied habitats (Sec.
21.52(e)(10)(iv) and (v)).
Population Control of Resident Canada Geese (50 CFR 21.61)
States and Tribes:
May request approval for the population control program.
Requests must include a discussion of the State's or Tribe's efforts to
address its injurious situations or a discussion of the reasons why the
methods authorized by these regulations are not feasible for dealing
with, or applicable to, the injurious situations that require further
action. Requests must provide detailed information of the injuries that
continue, why the authorized methods have not worked, and why methods
not utilized could not resolve the injuries (Sec. 21.61(d)). This
information is necessary for us to access whether or not the program
should be authorized.
Must keep annual records of activities carried out under
the authority of the program including:
(1) The number of individuals participating in the program;
(2) The number of days each individual participated in the program;
(3) The total number of resident Canada geese shot and retrieved
during the program; and
(4) The number of resident Canada geese shot but not retrieved
(Sec. 21.61(d)(7)).
We use this information, in conjunction with take under other
methods and hunting seasons, to determine cumulative impacts on the
various goose populations.
Must submit by June 1 an annual report summarizing
activities conducted under the program and an assessment of the
continuation of injuries (Sec. 21.61(d)(7)(iv)). We use this
information to determine if we should continue to authorize program
activities.
Must provide by August 1 an annual estimate of the
breeding population and distribution of resident Canada geese in their
State (Sec. 21.61(h)). We use this information to monitor the impacts
of this program, as well as other authorized activities, on the
population and to determine if we should continue to authorize program
activities.
Endangered or Threatened Species Take Report (50 CFR 21.51 and 21.61)
Persons operating under Sec. 21.51 must immediately report the
take of any species protected under the Endangered Species Act to the
Service. States may not undertake any actions under Sec. 21.61 if the
activities adversely affect other migratory birds or species designated
as endangered or threatened under the authority of the Endangered
Species Act. Persons operating under Sec. 21.61 must immediately
report the take of any species protected under the Endangered Species
Act to the Service.
Title of Collection: Depredation and Control Orders Under 50 CFR
21.
OMB Control Number: 1018-0146.
Form Number: FWS Forms 3-2436.
Type of Review: Renewal without change of a currently approved
collection.
Respondents/Affected Public: State and Federal wildlife damage
management personnel, farmers, and individuals.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion for take reports and annually
for annual reports.
Total Estimated Annual Nonhour Burden Cost: $78,000 (each
participating State/Tribe will incur for overhead costs (materials,
printing, postage, etc.) associated with mailing surveys to
conservation order participants).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Average time
Respondent Activity Annual number submissions Total annual per response Total annual
of respondents each responses (hours) burden hours *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Report--Depredation Order (Form 3-2436)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Individuals............................... Reporting................... 8 1 8 3 24
Recordkeeping............... 1 8
Private Sector............................ Reporting................... 8 1 8 3 24
Recordkeeping............... 1 8
Government................................ Reporting................... 11 1 11 3 33
Recordkeeping............... 1 11
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 58128]]
ePermits Annual Report--Depredation Order (Form 3-2436)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Individuals............................... Reporting................... 8 1 8 2.5 20
Recordkeeping............... 1 8
Private Sector............................ Reporting................... 8 1 8 2.5 20
Recordkeeping............... 1 8
Government................................ Reporting................... 11 1 11 2.5 28
Recordkeeping............... 1 11
--------------------------------------------------------------------------------------------------------------------------------------------------------
Report Take--Endangered, Threatened, and Candidate Species Sec. 21.43, Sec. 21.49-21.55, and Sec. 21.61
--------------------------------------------------------------------------------------------------------------------------------------------------------
Individuals............................... Reporting................... 1 1 1 .75 1
Recordkeeping............... .25 0
Private Sector............................ Reporting................... 3 1 3 .75 2
Recordkeeping............... .25 1
Government................................ Reporting................... 3 1 3 .75 2
Recordkeeping............... .25 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Conservation Order for Control of Light Geese Sec. 21.60
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government................................ Reporting................... 39 1 39 106 4,134
Recordkeeping............... 8 312
--------------------------------------------------------------------------------------------------------------------------------------------------------
Conservation Order Participants--Provide Information to States Sec. 21.60
--------------------------------------------------------------------------------------------------------------------------------------------------------
Individuals............................... Reporting................... 21,538 1 21,538 .13333 2,872
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Report--Airport Control Order Sec. 21.49
--------------------------------------------------------------------------------------------------------------------------------------------------------
Private Sector............................ Reporting................... 25 1 25 1 25
Recordkeeping............... .5 13
Government................................ Reporting................... 25 1 25 1 25
Recordkeeping............... .5 13
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Registration--Nest & Egg Depredation Order Sec. 21.50
--------------------------------------------------------------------------------------------------------------------------------------------------------
Individuals............................... Reporting................... 126 1 126 .5 63
Private Sector............................ Reporting................... 674 1 674 .5 337
Government................................ Reporting................... 200 1 200 .5 100
--------------------------------------------------------------------------------------------------------------------------------------------------------
Renew Registration--Nest & Egg Depredation Order Sec. 21.50
--------------------------------------------------------------------------------------------------------------------------------------------------------
Individuals............................... Reporting................... 374 1 374 0.25 94
Private Sector............................ Reporting................... 2,026 1 2,026 0.25 507
Government................................ Reporting................... 600 1 600 0.25 150
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Report--Nest & Egg Depredation Order Sec. 21.50
--------------------------------------------------------------------------------------------------------------------------------------------------------
Individuals............................... Reporting................... 500 1 500 .17 85
Recordkeeping............... .08 40
Private Sector............................ Reporting................... 2,700 1 2,700 .17 459
Recordkeeping............... .08 216
Government................................ Reporting................... 800 1 800 .17 136
Recordkeeping............... .08 64
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recordkeeping--Agricultural Depredation Order Sec. 21.51
--------------------------------------------------------------------------------------------------------------------------------------------------------
Private Sector............................ Recordkeeping............... 600 1 600 0.5 300
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Report--Agricultural Depredation Order Sec. 21.51
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government................................ Reporting................... 20 1 20 7 140
Recordkeeping............... 1 20
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Report--Public Health Order Sec. 21.52
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government................................ Reporting................... 20 1 20 .75 15
Recordkeeping............... .25 5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Report and Recordkeeping--Population Control Approval Request Sec. 21.61
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government................................ Reporting................... 3 1 3 12 36
Recordkeeping............... 12 36
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 58129]]
Population Control Approval Request (Population and Distribution Estimates) Sec. 21.61
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government................................ Reporting................... 3 1 3 160 480
-------------------------------------------------------------------------------
Totals:............................... ............................ 30,334 .............. 30,334 .............. 10,887
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Rounded to match ROCIS.
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. 2022-20662 Filed 9-22-22; 8:45 am]
BILLING CODE 4333-15-P