[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Notices]
[Pages 58124-58129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20662]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-HQ-MB-2022-0139; FF07CAFB00/223/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.

DATES: Interested persons are invited to submit comments on or before 
November 22, 2022.

ADDRESSES: Send your comments on the information collection request 
(ICR) by one of the following methods (please reference 1018-0146 in 
the subject line of your comments):
     Internet (preferred): https://www.regulations.gov. Follow 
the instructions for submitting comments on Docket No. FWS-HQ-MB-2022-
0139.
     Email: [email protected].
     U.S. mail: Service Information Collection Clearance 
Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB 
(JAO/3W), Falls Church, VA 22041-3803.

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. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act (PRA, 44 U.S.C. 3501 et seq.) and its implementing regulations at 5 
CFR 1320.8(d)(1), all information collections require approval under 
the PRA. 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.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we invite the public and other Federal agencies 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 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. 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

[[Page 58125]]

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.

FWS Form 3-2436, ``Depredation and Control Orders--Annual Reporting''

    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 3-2436. The records of any taking 
must be legibly written or reproducible in English and maintained for 5 
years after the persons or entities 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 Service Field Office or Special Agent. Capture and 
disposition of all non-target migratory birds must also be reported on 
the annual report.

Required Notifications (50 CFR 21)

     Sec.  21.43--Report take of nontarget federally protected 
migratory birds to the nearest Service Field Office or Special Agent.
     Sec.  21.49--Airports and military airfields or their 
agents must obtain authorization from landowners for all management 
activities conducted outside the airport or military airfield's 
boundaries.
     Sec.  21.49--Airports and military airfields or their 
agents must notify USFWS Ecological Service offices if control 
activities are proposed in or around occupied habitats.
     Sec.  21.50--Registrants may conduct resident Canada goose 
nest and egg destruction activities at any time of year. Homeowners' 
associations and local governments or their agents must obtain 
landowner consent prior to destroying nests and eggs on private 
property within the homeowners' association or local government's 
jurisdiction and be in compliance with all State and local laws and 
regulations.
     Sec.  21.50--To protect certain species from being 
adversely affected by management actions, registrants must contact the 
Service if control activities are proposed in or around occupied 
habitats to discuss the proposed activity and ensure that 
implementation will not adversely affect protected species or their 
habitat.
     Sec.  21.52--Information on birds carrying metal leg bands 
must be submitted to the Bird Banding Laboratory by means of a toll-
free telephone number at 1-800-327-BAND (or 2263). (U.S. Geological 
Survey OMB Control Number 1028-0082)
     Sec.  21.52--Information on birds carrying metal leg bands 
must be submitted to the Bird Banding Laboratory by means of a toll-
free telephone number at 1-800-327-BAND (or 2263).
     Sec.  21.52--Any State or Tribal employee or designated 
agent conducting such activities must promptly furnish whatever 
information is required concerning such activities to any such wildlife 
officer.
     Sec.  21.52--To protect certain species from being 
adversely affected by management actions, registrants must contact the 
Service if control activities are proposed in or around occupied 
habitats to discuss the proposed activity and ensure that 
implementation will not adversely affect protected species or their 
habitat.
     Sec.  21.53--Authorized individuals operating this 
regulation must immediately report the take of any other species 
protected under the Endangered

[[Page 58126]]

Species Act (ESA), the MBTA, or the Bald and Golden Eagle Protection 
Act to the nearest Ecological Services office of the Fish and Wildlife 
Service.
     Sec.  21.54--Authorized individuals operating this order 
must immediately report the take of any species protected under the 
ESA, or any other bird species protected under the MBTA, to the Fish 
and Wildlife Service Ecological Services Office for the State or 
location in which the take occurred.
     Sec.  21.54--Authorized individuals operating this order 
must obtain appropriate landowner permission before conducting 
activities authorized by this order.
     Sec.  21.55--Authorized personnel must obtain 
authorization from landowners prior to conducting management activities 
authorized by this order.
     Sec.  21.55--Authorized individuals operating this order 
must immediately report the take of any species protected under the ESA 
or MBTA within 72 hours the take to the Pacific Region Migratory Bird 
Permit Office in Portland, Oregon.
     Sec.  21.61--Authorized individuals operating under this 
section must immediately report the take of any species protected under 
the Endangered Species Act to the Service.

Conservation Order for Light Geese (50 CFR 21.60)

    We published a final Environmental Impact Statement on light goose 
management in June 2007 and reaffirmed Sec.  21.60 in a final rule 
published on November 5, 2008 (73 FR 65926). Publication of this final 
rule now supersedes the Arctic Tundra Habitat Emergency Conservation 
Act which is no longer in effect. These regulations impose require 
States and Tribes keep annual records of activities carried out under 
the authority of the conservation order and submit an annual report 
summarizing activities conducted under the conservation order on or 
before September 15 of each year. Specifically, information must be 
collected on:
     The number of persons participating in the conservation 
order;
     The number of days people participated in the conservation 
order;
     The number of light geese shot and retrieved under the 
conservation order; and
     The number of light geese shot but not retrieved.

Conservation Order Participants--Provide Information to States (50 CFR 
21.60)

    Persons acting under the authority of the conservation order must 
permit at all reasonable times, including during actual operations, any 
Federal or State game or deputy game agent, warden, protector, or other 
game law enforcement officer free and unrestricted access over the 
premises on which such operations have been or are being conducted and 
must promptly furnish whatever information an officer requires 
concerning the operation.

Control and Management of Resident Canada Geese (50 CFR 20.21, 21.49, 
21.50, 21.51, 21.52 and 21.61)

    We use the information required in 50 CFR part 21, subpart E to 
monitor the status of resident Canada goose populations and to assess 
the impacts that this alternative regulatory strategy may have on 
resident Canada goose populations.
    Except for the nest and egg depredation order, there is no 
specified form for providing the information. The nest and egg 
depredation order employs a web-based computer registration system with 
screens designed to collect the appropriate information.

Annual Report--Airport Control Order (50 CFR 21.49)

    Airports and military airfields exercising the privileges granted 
by this section must:
     Submit information on birds carrying metal leg bands to 
the Bird Banding Laboratory (Sec.  21.49(d)(4)). OMB has approved this 
information collection under OMB Control No. 1028-0082. We use this 
information to track geographic movement and survival of individual 
birds.
     Submit an annual report summarizing activities, including 
the date and numbers and location of birds, nests, and eggs taken by 
December 31 (Sec.  21.49(d)(8)). We use this information to monitor the 
resident Canada goose populations in different areas of the country.
     Immediately report to the appropriate migratory bird 
office, the take of any species protected under the ESA (Sec.  
21.49(d)(8)). This information ensures that the program does not exceed 
incidental take limits authorized under section 7 of the ESA. Further, 
to protect certain species from being adversely affected by management 
actions, registrants must notify USFWS Ecological Service offices if 
control activities are proposed in or around occupied habitats.

Nest and Egg Depredation Order (50 CFR 21.50)

    Landowners operating under this order must:
     Register with the Service using our web-based registration 
system (https://epermits.fws.gov/eRCGR) (Sec.  21.50(d)(1)). 
Registration includes name of landowner, names of designated agents, 
location of management activities, and contact information. The 
registration is valid for 1 year; the registrant must renew the 
registration each year he or she wishes to take nests and eggs. To 
renew the registration, the registrant must review the information and 
certify that it is correct. If any information entered during initial 
registration has changed, the registrant only needs to enter the 
revised information. We use this information for enforcement purposes 
and to contact registrants when there are questions regarding their 
report information. We uploaded screen shots of the registration 
website and a copy of the User Guide as supplementary documents in 
ROCIS.
     Complete an annual report summarizing the date (month), 
numbers, and location of nests and eggs taken by October 31 (Sec.  
21.50(d)(6)). We use this information to monitor the effectiveness of 
the program and the cumulative effect of the take of nests and eggs on 
various subpopulations of resident Canada goose populations in 
different areas of the country. We distribute reports of the numbers of 
nests and eggs taken, by State and county, annually to the States, 
Flyway Councils, and Service biologists for their use in determining 
allowable take by other methods, including hunting seasons. We now also 
include this information on the registration website.
     Immediately report to the appropriate migratory bird 
office, the take of any species protected under the ESA (Sec.  
21.50(d)(8)). This information ensures that the program does not exceed 
incidental take limits authorized under section 7 of the ESA.

Agricultural Depredation Order (50 CFR 21.51)

     Authorized agricultural producers and their employees and 
agents must submit information on birds carrying metal leg bands to the 
Bird Banding Laboratory (Sec.  21.51(d)(5)). This information is used 
to track geographic movement and survival of individual birds. OMB has 
approved this information collection under OMB Control No. 1028-0082 
(Interior--US Geological Survey).
     Recordkeeping Requirement (Private Sector Only)--
Authorized agricultural producers must:


[[Page 58127]]


--Keep and maintain a log that indicates the date and number of birds 
killed and the date and number of nests and eggs taken under this 
authorization;
--Maintain the log for a period of 3 years (and records for 3 previous 
years of takings at all times thereafter); and
--Make the log and any related records available to Federal, State, or 
Tribal wildlife enforcement officers (Sec.  21.51(d)(8)).

     Reporting Requirement (States and Tribes Only)--States and 
Tribes must submit by December 31 an annual report summarizing 
activities, including the numbers of birds, nests, and eggs taken and 
county where taken (Sec.  21.51(d)(10)). We use this information to 
monitor the resident Canada goose populations in different areas of the 
country.
     Persons operating under this order must immediately report 
to the appropriate migratory bird office, the take of any species 
protected under the ESA (Sec.  21.51(d)(12)). This ensures that the 
program does not exceed incidental take limits authorized under section 
7 of the ESA.

Public Health Control Order (50 CFR 21.52)

    States and Tribes must:
     Submit information on birds carrying metal leg bands to 
the Bird Banding Laboratory (Sec.  21.52(e)(4)). This information is 
used to track geographic movement and survival of individual birds. OMB 
has approved this information collection under OMB Control No. 1028-
0082.
     Promptly furnish whatever information is required 
concerning such activities to any Service special agent or refuge 
officer, State or Tribal wildlife or deputy wildlife agent, warden, 
protector, or other wildlife law enforcement officer (Sec.  
21.52(e)(8)).
     Submit by December 31 an annual report summarizing 
activities, including the numbers and county of birds taken (Sec.  
21.52(e)(9)). We use this information to monitor the resident Canada 
goose populations in different areas of the country.
     Immediately report to the appropriate migratory bird 
office, the take of any species protected under the ESA (Sec.  
21.52(e)(10)). This ensures that the program does not exceed incidental 
take limits authorized under section 7 of the ESA.
     Notify USFWS Ecological Service offices if control 
activities are proposed in or around occupied habitats (Sec.  
21.52(e)(10)(iv) and (v)).

Population Control of Resident Canada Geese (50 CFR 21.61)

    States and Tribes:
     May request approval for the population control program. 
Requests must include a discussion of the State's or Tribe's efforts to 
address its injurious situations or a discussion of the reasons why the 
methods authorized by these regulations are not feasible for dealing 
with, or applicable to, the injurious situations that require further 
action. Requests must provide detailed information of the injuries that 
continue, why the authorized methods have not worked, and why methods 
not utilized could not resolve the injuries (Sec.  21.61(d)). This 
information is necessary for us to access whether or not the program 
should be authorized.
     Must keep annual records of activities carried out under 
the authority of the program including:
    (1) The number of individuals participating in the program;
    (2) The number of days each individual participated in the program;
    (3) The total number of resident Canada geese shot and retrieved 
during the program; and
    (4) The number of resident Canada geese shot but not retrieved 
(Sec.  21.61(d)(7)).
    We use this information, in conjunction with take under other 
methods and hunting seasons, to determine cumulative impacts on the 
various goose populations.
     Must submit by June 1 an annual report summarizing 
activities conducted under the program and an assessment of the 
continuation of injuries (Sec.  21.61(d)(7)(iv)). We use this 
information to determine if we should continue to authorize program 
activities.
     Must provide by August 1 an annual estimate of the 
breeding population and distribution of resident Canada geese in their 
State (Sec.  21.61(h)). We use this information to monitor the impacts 
of this program, as well as other authorized activities, on the 
population and to determine if we should continue to authorize program 
activities.

Endangered or Threatened Species Take Report (50 CFR 21.51 and 21.61)

    Persons operating under Sec.  21.51 must immediately report the 
take of any species protected under the Endangered Species Act to the 
Service. States may not undertake any actions under Sec.  21.61 if the 
activities adversely affect other migratory birds or species designated 
as endangered or threatened under the authority of the Endangered 
Species Act. Persons operating under Sec.  21.61 must immediately 
report the take of any species protected under the Endangered Species 
Act to the Service.
    Title of Collection: Depredation and Control Orders Under 50 CFR 
21.
    OMB Control Number: 1018-0146.
    Form Number: FWS Forms 3-2436.
    Type of Review: Renewal without change 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: $78,000 (each 
participating State/Tribe will incur for overhead costs (materials, 
printing, postage, etc.) associated with mailing surveys to 
conservation order participants).

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                                                                                             Number of                     Average time
                Respondent                            Activity             Annual number    submissions    Total annual    per response    Total annual
                                                                          of respondents       each          responses        (hours)     burden hours *
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                                                     Annual Report--Depredation Order (Form 3-2436)
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Individuals...............................  Reporting...................               8               1               8               3              24
                                            Recordkeeping...............                                                               1               8
Private Sector............................  Reporting...................               8               1               8               3              24
                                            Recordkeeping...............                                                               1               8
Government................................  Reporting...................              11               1              11               3              33
                                            Recordkeeping...............                                                               1              11
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[[Page 58128]]

 
                                                 ePermits Annual Report--Depredation Order (Form 3-2436)
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Individuals...............................  Reporting...................               8               1               8             2.5              20
                                            Recordkeeping...............                                                               1               8
Private Sector............................  Reporting...................               8               1               8             2.5              20
                                            Recordkeeping...............                                                               1               8
Government................................  Reporting...................              11               1              11             2.5              28
                                            Recordkeeping...............                                                               1              11
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                      Report Take--Endangered, Threatened, and Candidate Species Sec.   21.43, Sec.   21.49-21.55, and Sec.   21.61
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Individuals...............................  Reporting...................               1               1               1             .75               1
                                            Recordkeeping...............                                                             .25               0
Private Sector............................  Reporting...................               3               1               3             .75               2
                                            Recordkeeping...............                                                             .25               1
Government................................  Reporting...................               3               1               3             .75               2
                                            Recordkeeping...............                                                             .25               1
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                                               Conservation Order for Control of Light Geese Sec.   21.60
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Government................................  Reporting...................              39               1              39             106           4,134
                                            Recordkeeping...............                                                               8             312
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                                       Conservation Order Participants--Provide Information to States Sec.   21.60
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Individuals...............................  Reporting...................          21,538               1          21,538          .13333           2,872
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                                                    Annual Report--Airport Control Order Sec.   21.49
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Private Sector............................  Reporting...................              25               1              25               1              25
                                            Recordkeeping...............                                                              .5              13
Government................................  Reporting...................              25               1              25               1              25
                                            Recordkeeping...............                                                              .5              13
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                                             Initial Registration--Nest & Egg Depredation Order Sec.   21.50
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Individuals...............................  Reporting...................             126               1             126              .5              63
Private Sector............................  Reporting...................             674               1             674              .5             337
Government................................  Reporting...................             200               1             200              .5             100
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                                              Renew Registration--Nest & Egg Depredation Order Sec.   21.50
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Individuals...............................  Reporting...................             374               1             374            0.25              94
Private Sector............................  Reporting...................           2,026               1           2,026            0.25             507
Government................................  Reporting...................             600               1             600            0.25             150
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                                                Annual Report--Nest & Egg Depredation Order Sec.   21.50
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Individuals...............................  Reporting...................             500               1             500             .17              85
                                            Recordkeeping...............                                                             .08              40
Private Sector............................  Reporting...................           2,700               1           2,700             .17             459
                                            Recordkeeping...............                                                             .08             216
Government................................  Reporting...................             800               1             800             .17             136
                                            Recordkeeping...............                                                             .08              64
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                                               Recordkeeping--Agricultural Depredation Order Sec.   21.51
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Private Sector............................  Recordkeeping...............             600               1             600             0.5             300
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Annual Report--Agricultural Depredation Order Sec.   21.51
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government................................  Reporting...................              20               1              20               7             140
                                            Recordkeeping...............                                                               1              20
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Annual Report--Public Health Order Sec.   21.52
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Government................................  Reporting...................              20               1              20             .75              15
                                            Recordkeeping...............                                                             .25               5
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Annual Report and Recordkeeping--Population Control Approval Request Sec.   21.61
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Government................................  Reporting...................               3               1               3              12              36
                                            Recordkeeping...............                                                              12              36
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[[Page 58129]]

 
                                Population Control Approval Request (Population and Distribution Estimates) Sec.   21.61
--------------------------------------------------------------------------------------------------------------------------------------------------------
Government................................  Reporting...................               3               1               3             160             480
                                                                         -------------------------------------------------------------------------------
    Totals:...............................  ............................          30,334  ..............          30,334  ..............          10,887
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* Rounded to match ROCIS.

    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.).

Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service.
[FR Doc. 2022-20662 Filed 9-22-22; 8:45 am]
BILLING CODE 4333-15-P