[Federal Register Volume 66, Number 45 (Wednesday, March 7, 2001)]
[Notices]
[Pages 13779-13781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5552]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Information Collection Submitted to the Office of Management and 
Budget (OMB) for Reinstatement Approval Under the Paperwork Reduction 
Act

AGENCY: Fish and Wildlife Service, Interiors.

ACTION: Notice; request for comments.

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SUMMARY: The U.S. Fish and Wildlife Service has submitted the 
collection of information listed below to OMB for approval under the 
provisions of the Paperwork Reduction Act. A copy of the information 
collection requirement is included in this notice. Copies of the 
proposed information collection requirement, related forms, and 
explanatory material may be obtained by contacting the Service 
Information Collection Clearance Officer at the address listed below.

DATES: OMB has up to 60 days to approve or disprove information 
collection but may respond after 30 days. Therefore, to ensure maximum 
consideration, you must submit comments on or before April 6, 2001.

ADDRESSES: Comments and suggestions on the requirement should be sent 
directly to the Office of Information and Regulatory Affairs; Office of 
Management and Budget; Attention: Desk Officer for the Department of 
the Interior; 725 17th Street, N.W., Washington, DC 20503; and a copy 
of the comments should be sent to Rebecca A. Mullin, Service 
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, 4401 North Fairfax Drive, Mail Stop 224-ARLSQ; Arlington, 
Virginia 22203.

FOR FURTHER INFORMATION CONTACT: Rebecca A. Mullin, Service Information 
Collection Clearance Officer at (703) 358-2287, or electronically at 
[email protected].

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 
(Pub. L. 104-13), 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) will submit a request to OMB to renew 
its existing approval of the collection of information for Native 
Endangered and Threatened Species Permit Applications, which expires on 
February 28, 2001. We are requesting a 3-year term of approval for this 
information collection activity.
    A previous 60-day notice on this information collection requirement 
was published in the Federal Register on December 21, 2000 (65 FR 
80449) inviting public comment. No comments on the previous notice were 
received as of February 20, 2001. This notice provides an additional 30 
days in which to comment on the following information.
    Federal agencies 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 current OMB control number 
for this collection of information is 1018-0094.
    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) contained in Service 
regulations in Chapter I, Subchapter B of Title 50 of the Code of 
Federal Regulations (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

[[Page 13780]]

the issuance, suspension, revocation, or denial of permits. The 
obligation to respond is, ``required to obtain a benefit.'' An agency 
may not conduct or sponsor a collection of information unless the 
collection of information displays a currently valid OMB control 
number. 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 2.5 hours per respondent for the application and 5 hours per 
respondent for the annual report of permitted activities. The Total 
Annual Burden hours is 125 hours for the application and 750 hours for 
the annual report on the permitted activities.
    Total Annual Responses: The number of respondents is estimated to 
average 50 respondents for the application and 150 for the annual 
report of the permitted activities.
    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 2 hours per respondent for the application and 2 hours per 
respondent for the annual report on the permitted activities. The Total 
Annual Burden hours is 1,050 hours for the application and 200 hours 
for the annual report on the permitted activities.
    Total Annual Responses: The number of respondents is estimated to 
average 525 respondents for the application and 100 respondents for the 
annual report of the permitted activities.
    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 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 2.5 hours per respondent for the application and 5 hours per 
respondent for the annual report on the permitted activities. The Total 
Annual Burden hours is 250 hours for the application and 1,750 hours 
for the annual report on the permitted activities.
    Total Annual Responses: The number of respondents is estimated to 
be 100 respondents for the application and 350 respondents for the 
annual report of the permitted activities.
    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 invite comments concerning this renewal on: (1) whether the 
collection of information is necessary for the proper performance of 
our 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)).


[[Page 13781]]


    Dated: February 23, 2001
Jack Kraus,
Chief, Division of Policy and Directives, Management.
[FR Doc. 01-5552 Filed 3-6-01; 8:45 am]
BILLING CODE 4310-55-P