[Federal Register Volume 85, Number 233 (Thursday, December 3, 2020)]
[Notices]
[Pages 78143-78145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26614]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-ES-2020-N139; FF09E00000 190 FXES11130900000; OMB Control
Number 1018-0094]
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Federal Fish
and Wildlife Permit Applications and Reports--Native Endangered and
Threatened Species
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 (Service), are proposing to renew an
information collection with revisions.
DATES: Interested persons are invited to submit comments on or before
January 4, 2021.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day 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 OMB Control Number 1018-0094 in the
subject line of your comments.
FOR FURTHER INFORMATION CONTACT: Madonna L. Baucum, Service Information
Collection 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. You may also view the information collection request (ICR)
at http://www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), we
provide the general public and other Federal agencies with an
opportunity 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.
On July 6, 2020, we published in the Federal Register (85 FR 40309)
a notice of our intent to request that OMB approve this information
collection. In that notice, we solicited comments for 60 days, ending
on September 4, 2020. We received one comment in response to that
notice:
Comment 1: The respondent commented on the Southeast Geographic
Area Bat Reporting Form (3-202-55c), the Mussel Reporting Form (3-
2523), and the Bumblebee Reporting Form (3-2526). They supported the
southeast bat reporting form, stating their opinion that the form is
useful, and an improvement over their State's reporting form. They also
recommended providing forms in an electronic input format for use in
the field.
Agency Response to Comment 1: We appreciate the respondent's
response on the utility of the Southeast Geographic Area Bat Reporting
Form. The respondent is not within the geographic area where they would
be using the Mussel or Bumblebee Reporting Forms, so their comments are
not germane to the information collection at this time. We will update
the form names accordingly to reduce confusion. At this time, we are
not exploring creating an electronic input data form, but we will
consider this as a potential streamlining tool for future information
collection renewals.
As part of our continuing effort to reduce paperwork and respondent
burdens, we are again soliciting comments from the public and other
Federal agencies on the proposed information collection request (ICR)
that is described below. 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. 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: The Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.)
provides a means to conserve the ecosystems upon which endangered and
threatened species depend, to provide a program for the conservation of
these endangered and threatened species, and to take the appropriate
steps that are necessary to bring any endangered or threatened species
to the point where measures provided for under the ESA are no longer
necessary. Section 10(a)(1)(A) of the ESA authorizes us to issue
permits for otherwise prohibited activities in order to enhance the
propagation or survival of the affected species. Section 10(a)(1)(B) of
the ESA authorizes us to issue permits if the taking is incidental to
the carrying out of an otherwise lawful activity. ESA section 10(d)
requires that such permits be applied for in good faith and, if
granted, that the permit not operate to the disadvantage of endangered
species, and that the permit be consistent with the purposes of the
ESA.
Our regulations implementing the ESA are in chapter I, subchapter B
of title 50 of the Code of Federal
[[Page 78144]]
Regulations (CFR) (50 CFR 13 and 50 CFR 17). The regulations stipulate
general and specific requirements that, when met, allow us to issue
permits to authorize activities that are otherwise prohibited. Upon
receipt of a complete application, the Director may issue a permit
authorizing any activity otherwise prohibited by Sec. 17.21, in
accordance with the issuance criteria of this section, for scientific
purposes, for enhancing the propagation or survival, or for the
incidental taking of endangered wildlife. Such permits may authorize a
single transaction, a series of transactions, or a number of activities
over a specific period of time. (See Sec. 17.32 for permits for
threatened species.)
We collect information associated with application forms to
determine the eligibility of applicants for permits requested in
accordance with the criteria in section 10 of the ESA. The Service uses
the following permit application forms for activities associated with
native endangered and threatened species:
Form 3-200-54, Enhancement of Survival Permits Associated
with Safe Harbor Agreement & Candidate Conservation Agreement with
Assurances;
Form 3-200-56, Incidental Take Permits Associated with a
Habitat Conservation Plan;
Form 3-200-59, Recovery Permit Application Form; and
Form 3-200-60, Interstate Commerce Application Form.
On June 6, 2020, we requested and obtained approval from OMB to
split the previously approved Form 3-200-55 to two separate permit
applications (asking the applicant to select either Recovery Permit or
Interstate Commerce) to reduce the overall form length and confusion.
Based on which permits are issued, we also require reports to monitor
activities associated with permitted activities in accordance with
their permits issued based on 50 CFR 17. Annual reports associated with
permits are tailored to a specific activity based on the requirements
for specific types of permits. In some cases, we developed specific
information collection forms to facilitate and standardize the
reporting and review, and to facilitate development of electronic forms
and electronic reporting and retrieval of that information.
Annual reporting of the results subsequent to the activity
authorized by the permit is required in most cases (under the authority
of section 10(a)(1)(A) and 10(a)(1)(B) of the ESA and its implementing
regulations at 50 CFR 17). These reports allow us to evaluate the
success of the project, formulate further research, and develop and
adjust management and recovery plans for the species. We currently use
the following reports specific to particular species (and regions,
where appropriate):
Form 3-202-55b, Region 3 [Midwest] Bat Reporting
Spreadsheet;
Form 3-202-55c, Region 4 [Southeast] Bat Reporting
Spreadsheet;
Form 3-202-55d, Region 5 [Northeast] Bat Reporting
Spreadsheet;
Form 3-202-55e, Region 6 [Mountain-Prairie] Bat Reporting
Spreadsheet;
Form 3-202-55f, Non-Releasable Sea Turtle Annual Report;
and
Form 3-202-55g, Sea Turtle Rehabilitation Annual Report.
Additionally, we require that the following notifications be made
to the Service:
Private landowners who have an Enhancement of Survival
Permit (and accompanying Safe Harbor Agreement or Candidate
Conservation Agreement with Assurances) must notify us if their land
management activities incidentally take a listed or candidate species
covered under their permit.
We issue Enhancement of Survival Permits to landowners,
and their name is printed on the permit. If ownership of the land
changes, this permit does not automatically transfer to the new
landowner. Therefore, we ask the permittee to notify us if there is a
change in land ownership so that we may update the permit; and
If a recovery or interstate commerce permit authorizes
activities that include keeping wildlife in captivity, we ask the
permittee to notify us if any of the captive wildlife escape.
Proposed Revisions
Although the Service announced its intention to seek OMB approval
of a new form 3-2531, General Recovery Permit Reporting Form, in the
published 60-day Federal Register notice (FRN), we no longer plan to
proceed with this form. Should the Service decide to move forward with
this new form at a later date, we will initiate a new revision to this
collection by publishing the required 60-day FRN to solicit comments
from the public in accordance with 5 CFR 1320.
Revised Forms
The Service is proposing to revise FWS Forms 3-200-54,
``Enhancement of Survival Permits Associated with Safe Harbor
Agreements and Candidate Conservation Agreements with Assurances,'' and
3-200-56, ``Incidental Take Permits Associated with a Habitat
Conservation Plan.'' We propose to remove program contact information
currently in both application form, and instead link to a permanent
website. This website will be frequently maintained and will provide
the public with the most accurate contact information.
The Service is proposing to revise and rename the following five
forms associated with bat surveys:
Form 3-202-55a, U.S. Fish and Wildlife Service Geographic
Area: Southwestern Bat Reporting Form;
Form 3-202-55b, U.S. Fish and Wildlife Service Geographic
Area: Midwestern Bat Reporting Form;
Form 3-202-55c, U.S. Fish and Wildlife Service Geographic
Area: Southeastern Bat Reporting Form;
Form 3-202-55d, U.S. Fish and Wildlife Service Geographic
Area: Northeastern Bat Reporting Form; and
Form 3-202-55e, U.S. Fish and Wildlife Service Geographic
Area: Plains/Rockies Bat Reporting Form.
The Service is proposing changes to these forms to address comments
received. These changes include adding columns to increase flexibility
for user data entry, to increase accuracy of Global Positioning System
data, and to add three fields specifically requested by State natural
resource agencies in order to unify their State databases with that of
the Service. These additions eliminate the need for filing a separate
reporting form with the State and reduce the overall reporting burden
on the respondents. Completion of the information on the forms
regarding the activity(ies) to be authorized by the permit is required
in most cases (under the authority of section 10(a)(1)(A) of the ESA
and its implementing regulations at 50 CFR 17).
Note: Form 3-202-55a, ``U.S. Fish and Wildlife Service
Geographic Area: Southwestern Bat Reporting Form'' was added in
conjunction with the realignment of the geographical areas covered
in the revisions to the geographical areas covered by the above
referenced 3-202-55 series bat reporting forms.
New Forms
The Service is proposing to revise this collection to request OMB
approval of the following seven new forms:
Form 3-2523, Midwest Geographic Area: Freshwater Mussel
Reporting Form;
Form 3-2526, Midwest Geographic Area: Bumble Bee Reporting
Form;
Form 3-2530, California/Nevada/Klamath Basin, OR Recovery
Permit Annual Summary Report Form;
[[Page 78145]]
Form 3-2532, U.S. Fish and Wildlife Service Geographic
Area: Alaska Bat Reporting Form;
Form 3-2533, U.S. Fish and Wildlife Service Geographic
Area: Northwestern Bat Reporting Form; and
Form 3-2534, U.S. Fish and Wildlife Service Geographic
Area: Western Bat Reporting Form.
Annual reporting of the results subsequent to the activity
authorized by the permit is required in most cases (under the authority
of section 10(a)(1)(A) and 10(a)(1)(B) of the ESA and its implementing
regulations at 50 CFR 17). The Service designed the forms to facilitate
the electronic reporting specifically for each species. The Service
will use the reported data to evaluate the success of the permitted
project, formulate further research, and develop and adjust management
and recovery plans for the species. The data will also inform 5-year
reviews and Species Status Assessments conducted under the ESA.
ePermits Initiative
The Service's new ePermits initiative is an automated permit
application system that will allow the agency to move toward a
streamlined permitting process to reduce public burden. Public burden
reduction is a priority for the Service; the Assistant Secretary for
Fish, Wildlife, and Parks; and senior leadership at the Department of
the Interior. The intent of the ePermits initiative is to fully
automate the permitting process to improve the customer experience and
to reduce time burden on respondents. This new system will enhance the
user experience by allowing users to enter data from any device that
has internet access, including personal computers (PCs), tablets, and
smartphones. It will also link the permit applicant to the Pay.gov
system for payment of associated permit application fees, where
applicable.
Upon completion of the new ePermits system, applicants applying for
Recovery, Interstate Commerce, Habitat Conservation Plan Incidental
Take Permits, Candidate Conservation Agreements with Assurances, and
Safe Harbor Agreements Enhancement of Survival Permits will have the
opportunity to apply directly online through a secure, web-based
platform.
Title of Collection: Federal Fish and Wildlife Permit Applications
and Reports--Native Endangered and Threatened Species; 50 CFR 10, 13,
and 17.
OMB Control Number: 1018-0094.
Form Numbers: FWS Forms 3-200-54, 3-200-56, 3-200-59, 3-200-60, 3-
202-55a through 3-202-55g, 3-2523 (new), 3-2526 (new), 3-2530 (new),
and 3-2532 through 3-2534 (new).
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: Individuals; private sector; and
State/local/Tribal governments.
Total Estimated Number of Annual Respondents: 4,258.
Total Estimated Number of Annual Responses: 4,258.
Estimated Completion Time per Response: Varies from 30 minutes to
2,080 hours, depending on activity.
Total Estimated Number of Annual Burden Hours: 119,949.
Respondent's Obligation: Voluntary.
Frequency of Collection: On occasion, annually, one time.
Total Estimated Annual Nonhour Burden Cost: $54,910 for fees
associated with permit applications and amendments.
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.).
Dated: November 30, 2020.
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2020-26614 Filed 12-2-20; 8:45 am]
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