[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 
[email protected]. 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 [email protected], 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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