[Federal Register: July 22, 2004 (Volume 69, Number 140)]
[Notices]               
[Page 43860-43862]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jy04-90]                         

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

 
Information Collection Submitted to the Office of Management and 
Budget (OMB) for Approval under the Paperwork Reduction Act; Federal 
Fish and Wildlife Permit Application; Native Endangered and Threatened 
Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice; request for comments.

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SUMMARY: The U.S. Fish and Wildlife Service has submitted the 
collection of information described below to OMB for approval under the 
provisions of the Paperwork Reduction Act of 1995. A description of the 
information collection requirement is included in this notice. If you 
wish to obtain copies of the proposed information collection 
requirement, related forms, or explanatory material, contact the 
Service Information Collection Clearance Officer at the address or 
telephone number listed below.

DATES: OMB has up to 60 days to approve or deny information collection 
but may respond after 30 days. Therefore, to ensure maximum 
consideration, you must submit comments on or before August 23, 2004.

ADDRESSES: Submit your comments on the information collection 
requirement to the Desk Officer for the Department of the Interior at 
OMB-OIRA via fax at (202) 395-6566; or via e-mail at 
OIRA_DOCKET@omb.eop.gov. Also, please submit a copy of your comments to the 

Fish and Wildlife Service's Information Collection Clearance Officer
via mail at: Information Collection Clearance Officer, U.S. Fish and
Wildlife Service, 4401 North Fairfax Drive, Mail Stop 222-ARLSQ,
Arlington, Virginia 22203; or via fax at (703) 358-2269; or via e-mail
at Anissa_Craghead@fws.gov.

FOR FURTHER INFORMATION CONTACT: To request a copy of the information
collection requirement, explanatory information, or related forms,
contact Anissa Craghead, Information Collection Clearance Officer by
telephone at (703) 358-2445, or by e-mail at Anissa_Craghead@fws.gov.
You may also contact Mary Klee, Endangered Species Program, by
telephone at (703) 358-2061 or by e-mail at Mary_Klee@fws.gov.

SUPPLEMENTARY INFORMATION: The Endangered Species Act (ESA) provides
for the protection of listed species through establishment of programs
for their recovery and through prohibition of harmful activities. The
ESA also provides for a number of exceptions to its prohibitions
against ``take'' of listed species. Under sections 6 and 10 of the ESA,
regulations have been promulgated at 50 CFR 17.22 (endangered wildlife
species), 17.32 (threatened wildlife species), 17.62 (endangered plant
species), and 17.72 (threatened plant species) to guide implementation
of these exceptions to the ``take'' prohibitions through permitting
programs. The U.S. Fish and Wildlife Service's general permit
regulations can be found at 50 CFR 13. Take authorized under this
permit program would otherwise be prohibited by the ESA. The permit
issuance criteria are designed to ensure that the requirements of the
ESA are met, i.e., that conduct of the requested actions and issuance
of the permit will enhance the survival of the species.
The Office of Management and Budget (OMB) regulations at 5 CFR
1320, which implement provisions of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), require that interested members of the public
and affected agencies have an opportunity to comment on information
collection and recordkeeping activities (see 5 CFR 1320.8(d)). The U.S.
Fish and Wildlife Service (we) have submitted a request to OMB to renew
its existing approval of the collection of information for Native
Endangered and Threatened Species Permit Applications, OMB control
number 1018-0094, which expires on July 31, 2004. We are requesting a
3-year term of approval for this information collection activity. 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.
A previous 60-day notice on this information collection requirement
was published in the Federal Register on April 9, 2004 (69 FR 18924)
inviting public comment. In addition to publishing a Federal Register
notice, we sent surveys to 9 permittees and asked them to review the
forms relating to the permits they hold and comment on the clarity and
relevance of the information collection, the burden associated with the
collection, and whether there is something the Service could do to
minimize the burden. We received a total of 7 comments, 1 comment on
the Federal Register notice and 6 comments on the survey. Three of the
comments were from individuals and four of the comments were from
organizations.
We received one comment on the previous Federal Register notice
from an individual. The commenter opposed the information collection
and suggested that we should eliminate the permit application forms. We
will continue to use the permit application forms because the
information collection in the forms is necessary in order to satisfy
public requests for permits. Elimination of this information collection
would result in the Service's inability to respond to permit requests.
Six of the 9 permittee surveys were completed and returned to us.
The comments we received on the application forms were very favorable.
Respondents believed the forms were easily available, and the
instructions were clear. Their burden hour estimates for completing the
permit application forms and annual reports were generally within the
numerical range of estimates provided by our Regions, and within the
Service's estimated national averages.
One respondent for form 3-200-54 (Enhancement of Survival)
suggested we develop guidelines for permit applicants on determining
the baseline conditions and habitat enhancement/restoration practices.
They also suggested that these guidelines should be based on different
groups of species because the baseline conditions for a large mammal is
quite different than that of an amphibian. We will forward this
suggestion to our permit staff.
One respondent for form 3-200-55 (Recovery and Interstate Commerce)
suggested that we include an example of a completed permit application
to show the level of detail desired. They also suggested that we send a
reminder letter when a permit is going to expire. We already have such
a letter that can be automatically generated from a query in our permit
database. We will forward this suggestion to our permit staff and
prompt them to send out the reminder letters.
The respondents' varying estimates for the burden hours for form 3-
200-56 (Incidental Take) was due to the fact that their permitted
activities had varying complexities. For example, one respondent may
have two complex, multi-species Habitat Conservation Plans while
another respondent may have a simple, low impact HCP. The information
collection burden of the permit application for a complex action

[[Page 43861]]

will naturally be greater than the burden for a simple action due to
the need to comply with additional permit application requirements such
as preparing an Environmental Impact Statement under the National
Environmental Policy Act. In addition, the annual report for a complex
activity will need to contain more information than the annual report
for a simple action. Another respondent commented that form 3-200-56
was unclear as to what type of map would be acceptable. As a result of
this comment, the map requirements were clarified. Another comment on
form 3-200-56 was that the frequency for annual reports was too high
and that we should request only one annual report. Since form 3-200-56
currently authorizes many long-term activities (some activities for up
to 100 years), in order to manage the permitted activities we need more
than one annual report over the life of the permit. Another comment
suggested that we provide guidance on the format of the annual report.
Since the permitted activities vary greatly in both complexity and the
number of species covered, there is no standardized format for annual
reports. However, we will forward this suggestion for additional
guidance to our permit staff.
One respondent commented that the permit application fee of $25 for
form 3-200-56 was insignificant compared to the cost of preparing and
submitting the information required in the application. They
recommended that the fee should be eliminated. The Service as a whole
is evaluating its permit application fees, and on August 26, 2003 (68
FR 51222), we published a proposed rule to increase our permit
application fees. We are proposing to revise the standard permit
application fee, designated under title 50 of the Code of Federal
Regulations (CFR) at Sec. 13.11(d)(4), which has not been revised
since 1982, in order to recoup more of the costs associated with
providing permitting services. The fee increase is being proposed under
the Federal user fee policy in OMB Circular No. A-25, which requires
Federal agencies to recoup the costs of special services that provide
benefits to identifiable recipients.
The information provided in these three application forms (3-200-
54, 3-200-55, 3-200-56) is used by the Regional Endangered Species
Permit Offices to evaluate requests for permits. Part of the permit
evaluation process includes soliciting comments from our Field Offices
or other offices within the Service, from other Federal agencies, and/
or State or governments. If the permit requested involves endangered
wildlife, the completed permit application may be reviewed by the
public as well. Our permit regulations at 50 CFR 17.22 require us to
publish a Federal Register notice and allow the public 30 days to
comment on permit applications for requested activities impacting
endangered wildlife. The information collection requirements in this
submission implement the regulatory requirements of the Endangered
Species Act (16 U.S.C. 1539), the Migratory Bird Treaty Act (16 U.S.C.
704), and the Bald Eagle Protection Act (16 U.S.C. 668), and the Marine
Mammal Protection Act (16 U.S.C. 1374) contained in Service regulations
in Chapter I, Subchapter B of Title 50 of the CFR.
The information to be supplied on the application form and the
attachments will be used to review the application and allow the
Service to make decisions, according to criteria established in various
Federal wildlife conservation statutes and regulations on the issuance,
suspension, revocation, or denial of permits. The obligation to respond
is required to obtain a benefit, in this instance to receive a permit.
We have revised the following requirements, and they are included in
this submission:
1. Title: Native Endangered and Threatened Species--Enhancement of
Survival Permits associated with Safe Harbor Agreements, and Candidate
Conservation Agreements with Assurances.
Approval Number: 1018-0094.
Service Form Number: 3-200-54.
Frequency of Collection: Annually.
Description of Respondents: Individuals, households, businesses,
State agencies, private organizations.
Total Annual Burden Hours: The reporting burden is estimated to
average 3 hours per respondent for the application and 8 hours per
respondent for the annual report of permitted activities. The Total
Annual Burden hour is 66 hours for the application and 424 hours for
the annual report on the permitted activities.
Total Annual Responses: The number of respondents is estimated to
average 22 respondents for the application and 53 for the annual report
of the permitted activities.
Background Explanation: Regulations have been promulgated at
17.22(c) and (d) for endangered wildlife species and 17.32(c) and (d)
for threatened wildlife species to guide implementation of these
permitting programs for Enhancement of Survival permits associated with
Safe Harbor Agreements and with Candidate Conservation Agreements with
Assurances under section 10(a)(1)(A) of the ESA. Service form 3-200-54
was developed to facilitate collection of information required by these
regulations.
An Enhancement of Survival permit authorizes incidental take that
may occur under the Safe Harbor Agreement or Candidate Conservation
Agreement with Assurances. Under the Safe Harbor policy, non-Federal
property owners who voluntarily enter into a Safe Harbor Agreement for
implementation of conservation measures for listed species will receive
assurances from the Service that additional regulatory restrictions
will not be imposed beyond those existing at the time of the Agreement.
Under the Candidate Conservation Agreements with Assurances policy,
non-Federal property owners who voluntarily enter into such an
Agreement for implementation of conservation measures for species
proposed for listing, species that are candidates for listing, or
species that are likely to become candidates in the near future will
receive assurances from the Service that additional conservation
measures will not be required and additional regulatory restrictions
will not be imposed should the species become listed in the future.
2. Title: Native Endangered and Threatened Species--Permits for
Scientific Purposes, Enhancement of Propagation or Survival (i.e.,
Recovery Permits) and Interstate Commerce.
Approval Number: 1018-0094.
Service Form Number: 3-200-55.
Frequency of Collection: Annually.
Description of Respondents: Individuals, scientific and research
institutions.
Total Annual Burden Hours: The reporting burden is estimated to
average 4 hours per respondent for the application and 8 hours per
respondent for the annual report on the permitted activities. The Total
Annual Burden hours is 3,280 hours for the application and 11,680 hours
for the annual report on the permitted activities.
Total Annual Responses: The number of respondents is estimated to
average 820 respondents for the application and 1,460 respondents for
the annual report of the permitted activities.
Background Explanation: Regulations have been promulgated at
17.22(a) for endangered wildlife species, 17.32(a) for threatened
wildlife species, 17.62 for endangered plant species, and 17.72 for
threatened plant species to guide implementation of these permitting
programs for Recovery and Interstate Commerce permits under section
10(a)(1)(A) of the ESA. Service form 3-200-55 was developed to
facilitate collection of information required by

[[Page 43862]]

these regulations. Recovery permits allow ``take'' of listed species as
part of scientific research and management actions, enhancement of
propagation or survival, zoological exhibition, educational purposes,
or special purposes consistent with the ESA designed to benefit the
species involved. Interstate Commerce permits allow transport and sale
of listed species across State lines as part of breeding programs
enhancing the survival of the species. Detailed descriptions of the
proposed taking, its necessities for success of the proposed action,
and benefits to the species resulting from the proposed action are
required under the implementing regulations cited above.
3. Title: Native Endangered and Threatened Species--Incidental Take
Permits Associated With a Habitat Conservation Plan.
Approval Number: 1018-0094.
Service Form Number: 3-200-56.
Frequency of Collection: Annually.
Description of Respondents: Individuals, households, businesses,
local and State agencies.
Total Annual Burden Hours: The reporting burden is estimated to
average 3 hours per respondent for the application and 20 hours per
respondent for the annual report on the permitted activities. The Total
Annual Burden hours is 288 hours for the application and 4,020 hours
for the annual report on the permitted activities.
Total Annual Responses: The number of respondents is estimated to
be 96 respondents for the application and 201 respondents for the
annual report of the permitted activities.
Background Explanation: Regulations have been promulgated at
17.22(b) for endangered wildlife species and 17.32(b) for threatened
wildlife species to guide implementation of these permitting programs
for Incidental Take permits associated with a Habitat Conservation Plan
under section 10(a)(1)(B) of the ESA. Form number 3-200-56 was
developed to facilitate collection of information required by these
regulations. These permits allow ``take'' of listed species that is
incidental to otherwise lawful non-Federal actions. The Service's
Incidental Take permit program provides a flexible process for
addressing situations in which a property owner's otherwise lawful
activities might result in incidental take of a listed species. The
Incidental Take permit program's major strength is that it provides a
process that readily allows the development of local solutions to
wildlife conservation as an alternative to comprehensive Federal
regulation. Local entities and private landowners are given assurances
that they will not be required to make additional commitments of land,
water, or money; or be subject to additional restrictions on the use of
land, water, or other natural resources for species adequately covered
by a properly implemented Habitat Conservation Plan.
We again invite comments concerning this information collection on:
(1) Whether the collection of information is necessary for the proper
performance of our native endangered and threatened species management
functions, including whether the information will have practical
utility; (2) the accuracy of our estimate of the burden of the
collection of information; (3) ways to enhance the quality, utility,
and clarity of the information to be collected; and, (4) ways to
minimize the burden of the collection of information on respondents.
The information collections in this program are part of a system of
records covered by the Privacy Act (5 U.S.C. 552(a)).

Dated: June 18, 2004.
Anissa Craghead,
Information Collection Clearance Officer.
[FR Doc. 04-16754 Filed 7-21-04; 8:45 am]

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