[Federal Register Volume 85, Number 28 (Tuesday, February 11, 2020)]
[Notices]
[Pages 7780-7782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02656]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-MB-2020-N001; FF07CAFB00-201-FXFR13350700001; OMB Control 
Number 1018-0146]


Agency Information Collection Activities; Depredation and Control 
Orders

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 
April 10, 2020.

ADDRESSES: Send your comments on the information collection request by 
mail to the Service Information Collection

[[Page 7781]]

Clearance Officer, U.S. Fish and Wildlife Service, MS: PRB/PERMA (JAO/
1N), 5275 Leesburg Pike, Falls Church, VA 22041-3803 (mail); or by 
email to [email protected]. Please reference OMB Control Number 1018-
0146 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 [email protected], or by 
telephone at (703) 358-2503.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, 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.
    We are soliciting comments on the proposed information collection 
request (ICR) that is described below. We are especially interested in 
public comment addressing the following issues: (1) Is the collection 
necessary to the proper functions of the Service; (2) will this 
information be processed and used in a timely manner; (3) is the 
estimate of burden accurate; (4) how might the Service enhance the 
quality, utility, and clarity of the information to be collected; and 
(5) how might the Service minimize the burden of this collection on the 
respondents, including through the use of information technology.
    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: The Migratory Bird Treaty Act (MBTA; 16 U.S.C. 703 et 
seq.) implements four treaties concerning migratory birds signed by the 
United States with Canada, Mexico, Japan, and Russia. These treaties 
require that we preserve most U.S. species of birds, and prohibit 
activities involving migratory birds, except as authorized by 
regulation. Under the MBTA, it is unlawful to take, possess, import, 
export, transport, sell, purchase, barter--or offer for sale, purchase, 
or barter--migratory birds or their parts, nests, or eggs, except as 
authorized by regulation. This information collection is associated 
with our regulations that implement the MBTA. We collect information 
concerning depredation actions taken to determine the number of take of 
birds of each species each year and whether the control actions are 
likely to affect the populations of those species.
    Annual Report (FWS Form 3-2436)--Regulations at 50 CFR 21 establish 
depredation orders and impose reporting and recordkeeping requirements. 
All persons or entities acting under depredation orders must provide an 
annual report. The capture and disposition of all non-target migratory 
birds, including Endangered, Threatened, or Candidate species must be 
reported on the Annual Report. In addition to the name, address, phone 
number, and email address of each person or entity operating under the 
Order, we collect the following information for each target and non-
target species taken:
     Species taken,
     Number of birds taken,
     Months and years in which the birds were taken,
     State(s) and county(ies) in which the birds were taken,
     General purpose for which the birds were taken (such as 
for protection of agriculture, human health and safety, property, or 
natural resources), and
     Disposition of non-target species (released, sent to 
rehabilitation facilities, etc.).
    We use the information to:
     Identify the person or entity acting under depredation 
orders;
     Assess the impact to non-target migratory birds or other 
species;
     Ensure that agencies and individuals operate in accordance 
with the terms, conditions, and purpose of the orders;
     Inform us as to whether there are areas in which control 
activities are concentrated and might be conducted more efficiently; 
and,
     Help gauge the effectiveness of the following orders in 
mitigating order-specific related damages:
    Sec.  21.43--Depredation order for blackbirds, cowbirds, crows, 
grackles, and magpies;
    Sec.  21.44--Depredation order for horned larks, house finches, and 
white-crowned sparrows in California;
    Sec.  21.46--Depredation order for depredating California scrub 
jays and Steller's jays in Washington and Oregon;
    Sec.  21.49--Control order for resident Canada geese at airports 
and military airfields;
    Sec.  21.50--Depredation order for resident Canada geese nests and 
eggs;
    Sec.  21.51--Depredation order for resident Canada geese at 
agricultural facilities;
    Sec.  21.52--Public health control order for resident Canada geese;
    Sec.  21.53--Control order for purple swamphens;
    Sec.  21.54--Control Order for Muscovy ducks in the United States;
    Sec.  21.55--Control order for invasive migratory birds in Hawaii;
    Sec.  21.60--Conservation Order for light geese; and
    Sec.  21.61--Population control of resident Canada geese.
    Recordkeeping Requirements (50 CFR 13.48)--Persons and entities 
operating under these orders must keep accurate records to complete 
Forms 3-436. The records must be legibly written or reproducible in 
English of any taking and maintained for five years after they have 
ceased the activity authorized by this Order. Persons or entities who 
reside or are located in the United States and persons or entities 
conducting commercial activities in the United States who reside or are 
located outside the United States must maintain records at a location 
in the United States where the records are available for inspection.
    Endangered, Threatened, and Candidate Species Take Report (50 CFR 
21)--If attempts to trap any species under a depredation order injure a 
bird of a non-target species that is federally listed as endangered or 
threatened, or that is a candidate for listing, the bird must be 
delivered to a rehabilitator and must be reported by phone or email to 
the nearest U.S. Fish and Wildlife Service Field Office or Special 
Agent. Capture and disposition of all non-target migratory birds must 
also be reported on the annual report.

Proposed Revision

    Previously, all persons or entities acting under depredation orders 
provided information on the annual report via FWS Form 3-202-21-2143, 
``Annual Report--Depredation Order for Blackbirds, Cowbirds, Grackles, 
Magpies, and Crows'' or FWS Form 3-2500, ``Depredation Order for 
Depredating Jays in Washington and Oregon.'' In February 2019, the 
Service received OMB approval to pretest FWS

[[Page 7782]]

Form 3-2436 under the Department of the Interior ``Fast Track'' generic 
clearance process (OMB Control Number 1090-0011). With this submission, 
in an effort to streamline submissions and reduce public burden, the 
Service is proposing to discontinue FWS Forms 3-202-21-2143 and 3-2500 
and use FWS Form 3-2436, ``Depredation and Control Orders--Annual 
Reporting'' as the sole annual reporting form. Additionally, to more 
accurately reflect the purpose of this collection, the Service is 
proposing to change the title of the collection from ``Depredation 
Orders Under 50 CFR 21.43 and 21.46'' to ``Depredation and Control 
Orders Under 50 CFR 21.''
    As part of this revision, we will also request OMB approval to 
automate FWS Form 3-2436 in the Service's new ``ePermits'' initiative, 
an automated system that will allow the agency to move towards a 
streamlined permitting and reporting process to improve customer 
experience and 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. 
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.
    Title of Collection: Depredation and Control Orders Under 50 CFR 
21.
    OMB Control Number: 1018-0146.
    Form Number: FWS Form 3-2436.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: State and Federal wildlife damage 
management personnel, farmers, and individuals.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion for take reports and annually 
for annual reports.
    Total Estimated Annual Nonhour Burden Cost: None.

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                                                                                             Number of                     Avg. time per
                Respondent                            Activity             Annual number    submissions    Total annual      response      Total  annual
                                                                          of respondents       each          responses        (hours)      burden hours
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                                                    Depredation Order Annual Report (FWS Form 3-2436)
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Individuals...............................  Reporting...................              15               1              15               2              30
                                            Recordkeeping...............  ..............  ..............  ..............               2              30
Private Sector............................  Reporting...................              15               1              15               2              30
                                            Recordkeeping...............                                                               2              30
Government................................  Reporting...................              21               1              21               2              42
                                            Recordkeeping...............                                                               2              42
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Subtotals:................................                                            51                              51                             204
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                                         Endangered, Threatened, and Candidate Species Take Report 50 CFR 21.43
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Individuals...............................  Reporting...................               1               1               1               1               1
Private Sector............................  Reporting...................               1               1               1               1               1
Government................................  Reporting...................               3               1               3               1               3
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    Subtotals:............................                                             5                               5                               5
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        Totals:...........................  ............................              56  ..............              56  ..............             209
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    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: February 6, 2020.
Madonna L. Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service.
[FR Doc. 2020-02656 Filed 2-10-20; 8:45 am]
BILLING CODE 4333-15-P