[Federal Register Volume 69, Number 140 (Thursday, July 22, 2004)]
[Notices]
[Pages 43860-43862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16754]


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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 [email protected]. 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 [email protected].

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 [email protected]. 
You may also contact Mary Klee, Endangered Species Program, by 
telephone at (703) 358-2061 or by e-mail 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 
(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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