[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16654-16657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05550]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-ES-2023-N012; FXES11130900000/234/FF09E32000; OMB Control 
Number 1018-0095]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Endangered and 
Threatened Wildlife, Experimental Populations

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

[[Page 16655]]

(Service), are proposing to renew an existing information collection 
without change.

DATES: Interested persons are invited to submit comments on or before 
April 19, 2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to https://www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by selecting ``Currently under 
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 ``1018-0095'' 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. 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.
    On October 4, 2022, we published in the Federal Register (87 FR 
60197) a notice of our intent to request that OMB approve this 
information collection. In that notice, we solicited comments for 60 
days, ending on December 5, 2022. In an effort to increase public 
awareness of, and participation in, our public commenting processes 
associated with information collection requests, the Service also 
published the Federal Register notice on Regulations.gov (Docket FWS-
HQ-ES-2022-0140) to provide the public with an additional method to 
submit comments (in addition to the typical [email protected] email and 
U.S. mail submission methods). We received the following comments in 
response to that notice:
    Comment 1: Electronic comment received via Regulations.gov (FWS-HQ-
ES-2022-0140-0002) from Jean Publiee on October 7, 2022. The comment 
did not address the information collection requirements.
    Agency Response to Comment 1: No response required.
    Comment 2: Anonymous electronic comment received via 
Regulations.gov (FWS-HQ-ES-2022-0140-0003) on October 19, 2022. The 
comment did not address the information collection requirements.
    Agency Response to Comment 2: No response required.
    Comment 3: Anonymous electronic comment received via 
Regulations.gov (FWS-HQ-ES-2022-0140-0004) on December 5, 2022. The 
comment did not address the information collection requirements.
    Agency Response to Comment 3: No response required.
    Comment 4: Electronic comment received via Regulations.gov (FWS-HQ-
ES-2022-0140-0005) from Francisco Santiago-Avila on December 2, 2022. 
Mr. Santiago-Avila supports this information collection and provides 
suggestions on ways to enhance the quality, utility, and clarity of the 
information to be collected. Specifically, he suggests collaboration 
with volunteers to perform monitoring, recommends publication of 
specific mortality data, and recommends analyzing the effectiveness of 
management interventions.
    Agency Response to Comment 4: We appreciate Mr. Santiago-Avila's 
suggestions and acknowledge that many of the recommended actions are 
already under way. This information collection includes all 
experimental population monitoring and reporting requirements described 
by regulation under 50 CFR 17.84, where species-specific requirements 
are described in further detail. It is the responsibility of the lead 
office for an experimental population to engage with the public for any 
assistance needed for the monitoring of these populations, if 
appropriate. The lead field office tracks, manages, and analyzes 
mortality data, as appropriate for the species, as part of the 
requirement to periodically evaluate the success or failure of the 
reintroduction. The requirements for the periodic evaluation of 
effectiveness are also specified in each species-specific experimental 
population final rule.
    Publishing location-specific mortality information, as the 
commenter suggested, is not feasible because it could result in an 
increased risk of illegal/unauthorized take. Furthermore, for 
monitoring the effectiveness of management interventions, it is not 
always feasible to measure effectiveness of indirect preventative 
techniques due to the variability in year-to-year variation in where 
experimental populations overlap with livestock, and landowners are not 
required to report on their use of indirect preventative techniques to 
the Service as they are often voluntary measures.
    Comment 5: Electronic comment received via Regulations.gov (FWS-HQ-
ES-2022-0140-0006) from Michael Robinson on December 5, 2022. Mr. 
Robinson suggested additional categories of information that could be 
collected under this information collection, including: (1) 
preventative techniques implemented to protect livestock from predation 
by animals in an experimental population, (2) time elapsed between 
initial and subsequent predations on livestock by a particular animal 
of an experimental population, (3) information regarding illegal take 
of animals of experimental populations, and (4) identities of 
individuals having or intending to illegally take animals of 
experimental populations.
    Agency Response to Comment 5: Mr. Robinson's suggestions for 
information collection include data that are already collected and 
tracked by Service employees as specified in 50 CFR part 17 subpart H 
(existing data collections approved under OMB Control Number 1018-
0095), as well as in each species-specific final rule issued by the 
Service establishing an experimental population. If we issue a permit 
for take of a listed animal of an experimental population relative to 
depredation prevention, the reporting requirements would be specified 
under the permit's terms and conditions and be covered under OMB 
Control Number 1018-0094. The Service acknowledges the importance of 
this type of information and affirms that this information is being 
collected in this collection or within 1018-0094.
    Additionally, the commenter's third and fourth suggestions request 
information regarding investigations performed by the Service's Office 
of Law Enforcement. This information cannot be shared during ongoing 
investigations; however, once investigations are resolved, the outcomes 
of cases may be shared at https://www.fws.gov/program/office-of-law-enforcement/news.
    Comment 6: Electronic comment received via Regulations.gov (FWS-HQ-
ES-2022-0140-0007) from Joe Bushyhead on December 5, 2022. Mr. 
Bushyhead supports the renewal and

[[Page 16656]]

suggests that the information collection include mandatory reporting 
and that information collection should be conducted at regular 
intervals with subsequent public disclosure, as appropriate.
    Agency Response to Comment 6: The Service cannot require the public 
or its partners to report on information broadly. However, if we issue 
a permit for take of a listed animal of an experimental population, the 
reporting requirements would be specified under the permit's terms and 
conditions and be covered under OMB Control Number 1018-0094. Where 
specific reporting requirements exist with regards to permits, 
especially as to whether the reporting is mandatory, would be contained 
in that permit's terms and conditions. Failure to adhere to the terms 
of the permit could result in permit revocation or non-renewal. The 
required timing interval for reporting of take, if any, is specified in 
each species' specific regulations under 50 CFR 17.84.
    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 information from public review, we cannot 
guarantee that we will be able to do so.
    Abstract: Section 10(j) of the Endangered Species Act of 1973, as 
amended (ESA; 16 U.S.C. 1531 et seq.), authorizes the Secretary of the 
Interior to establish experimental populations of endangered or 
threatened species. Because the ESA protects individuals of 
experimental populations, the information we collect is important for 
monitoring the success of reintroduction and recovery efforts. This is 
a nonform collection (meaning there is no designated form associated 
with this collection). Regulations at 50 CFR 17.84 contain information 
collection requirements for experimental populations of vertebrate 
endangered and threatened species. These regulations identify and 
describe the three categories of information we collect, which include:
    (1) General take or removal. ``Take'' is defined by the ESA as 
``[to] harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, 
or collect, or to attempt to engage in any such conduct.'' In this 
information collection, take most commonly is considered to be in the 
form of human-related mortality, including:
    a. Unintentional taking incidental to otherwise lawful activities 
(e.g., highway mortalities);
    b. Animal husbandry actions authorized to manage the population 
(e.g., translocation or providing aid to sick, injured, or orphaned 
individuals);
    c. Take in defense of human life;
    d. Take related to defense of property (if authorized); or
    e. Take in the form of authorized harassment.
    (2) Depredation-related take. Involves take for management purposes 
of documented livestock depredation, and may include authorized 
harassment or authorized lethal take of experimental population animals 
in the act of attacking livestock. See 50 CFR 17.84 for specific 
provisions of harassment for each species within this section.
    The information that we collect includes:
    a. Name, address, and phone number of reporting party,
    b. Species involved,
    c. Type of incident,
    d. Quantity of take,
    e. Location and time of the reported incident, and
    f. Description of the circumstances related to the incident.
    (3) Specimen collection, recovery, or reporting of dead 
individuals. This information documents incidental or authorized 
scientific collection. Most of the information collected addresses the 
reporting of sightings of experimental population animals or the 
inadvertent discovery of an injured or dead individual.
    Service recovery specialists use this information to determine the 
success of reintroductions in relation to established recovery plan 
goals for the experimental populations of vertebrate endangered and 
threatened species involved. In addition, this information helps us to 
assess the effectiveness of control activities in order to develop 
better means to reduce problems with livestock for those species where 
depredation is a problem.
    Title of Collection: Endangered and Threatened Wildlife, 
Experimental Populations, 50 CFR 17.84.
    OMB Control Number: 1018-0095.
    Form Numbers: None.
    Type of Review: Extension without change of a currently approved 
collection.
    Respondents/Affected Public: Individuals and households, private 
sector, and State/local/Tribal governments.
    Respondent's Obligation: Voluntary.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: None.

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                                                                                    Completion
                   Requirement                     Annual number   Total annual      time per      Total annual
                                                  of respondents     responses       response     burden hours *
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                                      Notification--General Take or Removal
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Individuals.....................................              12              12              .5               6
Private Sector..................................               7               7              .5               4

[[Page 16657]]

 
Government......................................              29              29              .5              15
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                                     Notification--Depredation-Related Take
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Individuals.....................................              25              25              .5              13
Private Sector..................................               2               2              .5               1
Government......................................               9               9              .5               5
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                                        Notification--Specimen Collection
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Individuals.....................................               3               3              .5               2
Private Sector..................................               2               2              .5               1
Government......................................              16              16              .5               8
                                                 ---------------------------------------------------------------
    Totals......................................             105             105  ..............              55
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* Rounded.

    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. 2023-05550 Filed 3-17-23; 8:45 am]
BILLING CODE 4333-15-P