[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16654-16657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05550]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-ES-2023-N012; FXES11130900000/234/FF09E32000; OMB Control
Number 1018-0095]
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Endangered and
Threatened Wildlife, Experimental Populations
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of information collection; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service
[[Page 16655]]
(Service), are proposing to renew an existing information collection
without change.
DATES: Interested persons are invited to submit comments on or before
April 19, 2023.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to https://www.reginfo.gov/public/do/PRAMain. Find this
particular information collection by selecting ``Currently under
Review--Open for Public Comments'' or by using the search function.
Please provide a copy of your comments to the Service Information
Collection Clearance Officer, U.S. Fish and Wildlife Service, MS: PRB
(JAO/3W), 5275 Leesburg Pike, Falls Church, VA 22041-3803 (mail); or by
email to Info_Coll@fws.gov. Please reference ``1018-0095'' in the
subject line of your comments.
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.
On October 4, 2022, we published in the Federal Register (87 FR
60197) a notice of our intent to request that OMB approve this
information collection. In that notice, we solicited comments for 60
days, ending on December 5, 2022. In an effort to increase public
awareness of, and participation in, our public commenting processes
associated with information collection requests, the Service also
published the Federal Register notice on Regulations.gov (Docket FWS-
HQ-ES-2022-0140) to provide the public with an additional method to
submit comments (in addition to the typical Info_Coll@fws.gov email and
U.S. mail submission methods). We received the following comments in
response to that notice:
Comment 1: Electronic comment received via Regulations.gov (FWS-HQ-
ES-2022-0140-0002) from Jean Publiee on October 7, 2022. The comment
did not address the information collection requirements.
Agency Response to Comment 1: No response required.
Comment 2: Anonymous electronic comment received via
Regulations.gov (FWS-HQ-ES-2022-0140-0003) on October 19, 2022. The
comment did not address the information collection requirements.
Agency Response to Comment 2: No response required.
Comment 3: Anonymous electronic comment received via
Regulations.gov (FWS-HQ-ES-2022-0140-0004) on December 5, 2022. The
comment did not address the information collection requirements.
Agency Response to Comment 3: No response required.
Comment 4: Electronic comment received via Regulations.gov (FWS-HQ-
ES-2022-0140-0005) from Francisco Santiago-Avila on December 2, 2022.
Mr. Santiago-Avila supports this information collection and provides
suggestions on ways to enhance the quality, utility, and clarity of the
information to be collected. Specifically, he suggests collaboration
with volunteers to perform monitoring, recommends publication of
specific mortality data, and recommends analyzing the effectiveness of
management interventions.
Agency Response to Comment 4: We appreciate Mr. Santiago-Avila's
suggestions and acknowledge that many of the recommended actions are
already under way. This information collection includes all
experimental population monitoring and reporting requirements described
by regulation under 50 CFR 17.84, where species-specific requirements
are described in further detail. It is the responsibility of the lead
office for an experimental population to engage with the public for any
assistance needed for the monitoring of these populations, if
appropriate. The lead field office tracks, manages, and analyzes
mortality data, as appropriate for the species, as part of the
requirement to periodically evaluate the success or failure of the
reintroduction. The requirements for the periodic evaluation of
effectiveness are also specified in each species-specific experimental
population final rule.
Publishing location-specific mortality information, as the
commenter suggested, is not feasible because it could result in an
increased risk of illegal/unauthorized take. Furthermore, for
monitoring the effectiveness of management interventions, it is not
always feasible to measure effectiveness of indirect preventative
techniques due to the variability in year-to-year variation in where
experimental populations overlap with livestock, and landowners are not
required to report on their use of indirect preventative techniques to
the Service as they are often voluntary measures.
Comment 5: Electronic comment received via Regulations.gov (FWS-HQ-
ES-2022-0140-0006) from Michael Robinson on December 5, 2022. Mr.
Robinson suggested additional categories of information that could be
collected under this information collection, including: (1)
preventative techniques implemented to protect livestock from predation
by animals in an experimental population, (2) time elapsed between
initial and subsequent predations on livestock by a particular animal
of an experimental population, (3) information regarding illegal take
of animals of experimental populations, and (4) identities of
individuals having or intending to illegally take animals of
experimental populations.
Agency Response to Comment 5: Mr. Robinson's suggestions for
information collection include data that are already collected and
tracked by Service employees as specified in 50 CFR part 17 subpart H
(existing data collections approved under OMB Control Number 1018-
0095), as well as in each species-specific final rule issued by the
Service establishing an experimental population. If we issue a permit
for take of a listed animal of an experimental population relative to
depredation prevention, the reporting requirements would be specified
under the permit's terms and conditions and be covered under OMB
Control Number 1018-0094. The Service acknowledges the importance of
this type of information and affirms that this information is being
collected in this collection or within 1018-0094.
Additionally, the commenter's third and fourth suggestions request
information regarding investigations performed by the Service's Office
of Law Enforcement. This information cannot be shared during ongoing
investigations; however, once investigations are resolved, the outcomes
of cases may be shared at https://www.fws.gov/program/office-of-law-enforcement/news.
Comment 6: Electronic comment received via Regulations.gov (FWS-HQ-
ES-2022-0140-0007) from Joe Bushyhead on December 5, 2022. Mr.
Bushyhead supports the renewal and
[[Page 16656]]
suggests that the information collection include mandatory reporting
and that information collection should be conducted at regular
intervals with subsequent public disclosure, as appropriate.
Agency Response to Comment 6: The Service cannot require the public
or its partners to report on information broadly. However, if we issue
a permit for take of a listed animal of an experimental population, the
reporting requirements would be specified under the permit's terms and
conditions and be covered under OMB Control Number 1018-0094. Where
specific reporting requirements exist with regards to permits,
especially as to whether the reporting is mandatory, would be contained
in that permit's terms and conditions. Failure to adhere to the terms
of the permit could result in permit revocation or non-renewal. The
required timing interval for reporting of take, if any, is specified in
each species' specific regulations under 50 CFR 17.84.
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 10(j) of the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.), authorizes the Secretary of the
Interior to establish experimental populations of endangered or
threatened species. Because the ESA protects individuals of
experimental populations, the information we collect is important for
monitoring the success of reintroduction and recovery efforts. This is
a nonform collection (meaning there is no designated form associated
with this collection). Regulations at 50 CFR 17.84 contain information
collection requirements for experimental populations of vertebrate
endangered and threatened species. These regulations identify and
describe the three categories of information we collect, which include:
(1) General take or removal. ``Take'' is defined by the ESA as
``[to] harass, harm, pursue, hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any such conduct.'' In this
information collection, take most commonly is considered to be in the
form of human-related mortality, including:
a. Unintentional taking incidental to otherwise lawful activities
(e.g., highway mortalities);
b. Animal husbandry actions authorized to manage the population
(e.g., translocation or providing aid to sick, injured, or orphaned
individuals);
c. Take in defense of human life;
d. Take related to defense of property (if authorized); or
e. Take in the form of authorized harassment.
(2) Depredation-related take. Involves take for management purposes
of documented livestock depredation, and may include authorized
harassment or authorized lethal take of experimental population animals
in the act of attacking livestock. See 50 CFR 17.84 for specific
provisions of harassment for each species within this section.
The information that we collect includes:
a. Name, address, and phone number of reporting party,
b. Species involved,
c. Type of incident,
d. Quantity of take,
e. Location and time of the reported incident, and
f. Description of the circumstances related to the incident.
(3) Specimen collection, recovery, or reporting of dead
individuals. This information documents incidental or authorized
scientific collection. Most of the information collected addresses the
reporting of sightings of experimental population animals or the
inadvertent discovery of an injured or dead individual.
Service recovery specialists use this information to determine the
success of reintroductions in relation to established recovery plan
goals for the experimental populations of vertebrate endangered and
threatened species involved. In addition, this information helps us to
assess the effectiveness of control activities in order to develop
better means to reduce problems with livestock for those species where
depredation is a problem.
Title of Collection: Endangered and Threatened Wildlife,
Experimental Populations, 50 CFR 17.84.
OMB Control Number: 1018-0095.
Form Numbers: None.
Type of Review: Extension without change of a currently approved
collection.
Respondents/Affected Public: Individuals and households, private
sector, and State/local/Tribal governments.
Respondent's Obligation: Voluntary.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: None.
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Completion
Requirement Annual number Total annual time per Total annual
of respondents responses response burden hours *
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Notification--General Take or Removal
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Individuals..................................... 12 12 .5 6
Private Sector.................................. 7 7 .5 4
[[Page 16657]]
Government...................................... 29 29 .5 15
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Notification--Depredation-Related Take
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Individuals..................................... 25 25 .5 13
Private Sector.................................. 2 2 .5 1
Government...................................... 9 9 .5 5
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Notification--Specimen Collection
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Individuals..................................... 3 3 .5 2
Private Sector.................................. 2 2 .5 1
Government...................................... 16 16 .5 8
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Totals...................................... 105 105 .............. 55
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* Rounded.
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. 2023-05550 Filed 3-17-23; 8:45 am]
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