[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29147-29151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09578]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-IA-2023-N034; FXIA16710900000/234/FF09A30000; OMB Control 
Number 1018-0093]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Federal Fish 
and Wildlife Permit Applications and Reports--Management Authority

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 
June 5, 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 ``1018-0093'' 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 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.

[[Page 29148]]

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 in 
the Code of Federal Regulations (CFR) at 5 CFR 1320, 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 June 30, 2022, we published in the Federal Register (87 FR 
39112) a notice of our intent to request that OMB approve this 
information collection. In that notice, we solicited comments for 60 
days, ending on August 29, 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-IA-2022-0067) 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: Email comment dated July 18, 2022, from the Marine 
Mammal Commission. The Marine Mammal Commission provided the following 
recommendations regarding marine mammal permit applications:
    1. Recommended that we (1) remove the requirement to denote 
procedures as Level A or B harassment or other take, and (2) ensure 
that mortality takes are denoted on separate rows and classified 
appropriately in the tables.
    2. Recommended that we adopt a clearer means of collecting 
principal investigator (PI) and co-investigator (CI) activities by 
providing a table based on comments they provided on November 26, 2019.
    3. Recommended that the Service establish a standardized 
qualification system similar to National Marine Fisheries Service 
(NMFS) standards, authorize PI and CIs to conduct activities according 
to this system, and require that in lieu of a curriculum vitae (CV), 
each PI or CI submit a qualification table based on the qualification 
standards that we establish.
    4. Expressed concern that we under-reported the burden hours as 
indicated on our application forms for marine mammals, and provided 
suggested burden hours for information collection.
    Agency Response to Comment 1: We accepted these changes and have 
incorporated them in our revised marine mammal permit application forms 
to include the removal of the requirement to denote procedures as Level 
A or B harassment or other take, adopting a clearer means of collecting 
PI and CI activities, and adjusting the burden hours for information 
collection.
    Comment 2: Email comment dated August 15, 2022, from The 
Ornithological Council. The Ornithological Council's comment supports 
our electronic permitting system. The Council is encouraged to see 
improvements and the continued development of the system and encourages 
continued improvements to the digitization of the application forms. 
The commenter hopes that the Service can be more responsive to their 
requests for assistance when needed. For Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES) permits, 
the commenter indicated that it can be problematic to obtain the 
endorsements that were adopted in 2002 (Resolution Conf. 12.3 Rev. 
CoP19). For Wild Bird Conservation Act (WBCA) permits, the commenter 
indicated that there is some question on interpretation of the 
exemption for requiring a permit under the WBCA for dead museum 
specimens and dead scientific specimens. Finally, the commenter 
requested that we change the title of Form 3-200-47 to ``Import of Live 
Birds for Scientific Research or Zoological Breeding and Display under 
the Wild Bird Conservation Act.''
    Agency Response to Comment 2: We are pleased to see that the 
commenter is in support of our ePermits system, along with the 
commenter's acknowledgement that we continue to build and improve the 
system. We continue to work to improve our responsiveness to our 
customers' questions. For WBCA permits, the Service's position is that 
this exemption is only allowed for those specimens that are accessioned 
into a museum or scientific institution's collection. Specimens that 
are subject to collection under a researcher's activities and are not 
accessioned into an institution's collection would not be eligible for 
this exemption and the researcher should apply for the necessary import 
permits.
    For CITES permit endorsements, Resolution Conf. 12.3 (Rev CoP19) 
provides that ``export permits and re-export certificates be endorsed, 
with quantity, signature, and stamp, by an inspecting official, such as 
Customs, in the export endorsement block of the document. If the export 
document has not been endorsed at the time of export, the Management 
Authority of the importing country should liaise with the exporting 
country's Management Authority, considering any extenuating 
circumstances or documents, to determine the acceptability of the 
document.'' As this is a regulatory requirement and recommendation 
under a CITES resolution, the commenter has continued to experience 
barriers to obtaining the required endorsements; consequently, they 
submitted a petition requesting we eliminate this requirement from our 
regulations. These regulations are currently being updated at this time 
and may address the Ornithological Society's concerns. For application 
Form 3-200-47, based on our discussion above, this change would 
preclude researchers that obtain dead specimens that are not 
accessioned into a museum or scientific institution from applying for a 
permit. Therefore, we will not make this change.
    The commenter also discussed issues specific to the Migratory Bird 
Treaty Act (MBTA). Since we collect information regarding CITES and the 
U.S. Endangered Species Act (ESA), we can only provide the comments to 
the Service program that handles MBTA permits.
    Comment 3: Email comment dated August 29, 2022, from Safari Club 
International. The Safari Club International (SCI) opposes the 
information collected on Forms 3-200-19, 3-200-20, 3-200-21, and 3-200-
22, regarding the sex and age of the sport-hunted trophy. The commenter 
also suggested changes to the Notices section of the application under 
the Privacy Act Statement and Paperwork Reduction Act Statement.
    Agency Response to Comment 3: In response to the request to remove 
the questions asking for the age and sex of the trophy, our regulations 
at 50 CFR 23.61 require us to find that a proposed import of an 
Appendix I specimen is for purposes that would not be detrimental to 
the survival of the species, prior to issuing a CITES document. The 
regulations stipulate, at 50 CFR 23.61(c), that the applicant must 
provide sufficient information for us to make a finding of non-
detriment, and outline those criteria for which a finding of non-
detriment can be made. Specifically, 50 CFR 23.61(c)(2) states that we 
must be able to find that the removal of the animal or plant from the 
wild is part of a biologically based sustainable-use management plan 
that is designed to eliminate overutilization of the species. Under 
CITES, the import permit must be

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issued prior to the export permit. Our requirement for the applicant to 
state the sex and age of the sport-hunted trophy provides us with the 
complete information we need to make a non-detriment finding.
    Additionally, in accordance with regulations at 50 CFR 23.60, in 
order to issue a permit for this activity, the Division of Management 
Authority (DMA) must determine that the trophy was legally acquired. 
This involves reviewing records such as permits, licenses, and tags, 
plus harvest locations and capture means, that demonstrate the specimen 
was legally removed from the wild under relevant wildlife or forestry 
laws or regulations. In some cases, this may include the sex and age of 
the animal, evidence of firearms license where restricted and relevant, 
and invoices related to hiring of guides or professional hunters.
    Additionally, for species listed as threatened or endangered under 
the U.S. Endangered Species Act, we are required to find that the 
activity enhances the survival of the species. We understand that 
management plans in many foreign countries limit hunters to sport-
hunting of animals of a certain age and/or sex. The requirement for the 
applicant to state the sex and age of the sport-hunted trophy 
information, in addition to the current enhancement questionnaire, 
makes it unnecessary for us to ask the country for this information. We 
do not ask for the age and/or sex for a trophy that has not yet been 
hunted. Therefore, in summary, we appreciate the comment submitted; 
however, the topics addressed in the comment submitted will remain 
unchanged in the application. In response to the commenter's request 
that we incorporate their suggested changes to our Notices under the 
Privacy Act Statement and Paperwork Reduction Act Statement, we did not 
make the suggested changes as these statements apply to all permit 
application forms.
    Additionally, we are required to publish in the Federal Register 
the name, city, and State of any applicant who requests activities with 
a species that is listed as endangered. The information that is 
collected is voluntary in that the General Permit Procedures, outlined 
in 50 CFR 13.12(a), require this information be disclosed if a person 
wishes to obtain a permit.
    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: The General Permit Requirements at 50 CFR 13 provide the 
uniform rules, conditions, and procedures for the application for, and 
the issuance, denial, suspension, revocation, and general 
administration of, all permits for all of the laws, treaties, and 
regulations administered by the Service that authorize activities 
requiring permits. The requirements in 50 CFR part 13 are in addition 
to any other permit regulations that may apply to a specific 
circumstance and are outlined in other sections of our regulations.
    The Wild Bird Conservation Act (WBCA; 16 U.S.C. 4901-4916) and the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES; 27 U.S.T. 1087, March 3, 1973) use a system of 
permits and certificates to help ensure that international trade is 
legal and does not threaten the survival of wildlife or plant species 
in the wild. Permits under the U.S. Endangered Species Act (ESA; 16 
U.S.C. 1531 et seq.) and the Marine Mammal Protection Act (MMPA; 16 
U.S.C. 1361 et seq.) ensure that activities are consistent with the 
intent and purposes of the ESA and MMPA. Permitted activities under the 
Bald and Golden Eagle Act (BGEPA; 16 U.S.C. 668-668d) must be 
compatible with the preservation of eagles. Permitted activities 
regarding injurious wildlife under the Lacey Act (18 U.S.C. 42; 16 
U.S.C. 3371-3378) regulate the importation into the United States and 
any shipment between the continental United States, the District of 
Columbia, Alaska, Hawaii, the Commonwealth of Puerto Rico, or any 
possession of the United States, of animal species determined to be 
injurious by the Secretary of the Interior. Such importation and 
shipments are prohibited, except by permit. Although the Service's 
Division of Management Authority does not administer the Migratory Bird 
Treaty Act (MBTA; 16 U.S.C. 704), we receive authorization from the 
Migratory Bird Program to issue import/export permits under the MBTA.
    Prior to the import or export of species listed under the MBTA, 
MMPA, BGEPA, Lacey Act, WBCA, ESA, and/or CITES, the Management 
Authority and Scientific Authority must make appropriate determinations 
and issue the appropriate documents. Section 8A of the ESA designates 
the Secretary of the Interior as the U.S. Management Authority and U.S. 
Scientific Authority for CITES. The Secretary in turn delegated these 
authorities to the Service.
    Before a country can issue an export permit for CITES Appendix I or 
II specimens, the CITES Scientific Authority of the exporting country 
must determine that the export will not be detrimental to the survival 
of the species, and the Management Authority must be satisfied that the 
specimens were acquired legally. For the export of Appendix III 
specimens, the Management Authority must be satisfied that the 
specimens were acquired legally (CITES does not require findings from 
the Scientific Authority). Prior to the importation of Appendix I 
specimens, both the Scientific Authority and the Management Authority 
of the importing country must make required findings. The Scientific 
Authority must also monitor trade of all species to ensure that the 
level of trade is sustainable.
    Article VIII(3) of the CITES treaty states that participating 
parties should

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make efforts to ensure that CITES specimens are traded with a minimum 
of delay. Section XIII of Resolution Conf. 12.3 (Rev. CoP19) recommends 
use of simplified procedures for issuing CITES documents to expedite 
trade that will have no impact, or a negligible impact, on conservation 
of the species involved.
    All Service permit applications are in the 3-200 series of forms, 
each tailored to a specific activity based on the requirements for 
specific types of permits. In accordance with Federal regulations at 50 
CFR 13.12, we collect standard identifier information for all permit 
applications, such as:
     Applicant's full name, whether an individual or business, 
and address (street address, city, county, State, and zip code; and 
mailing address, if different from street address); main and alternate 
telephone numbers; and an email address (required if filing 
electronically, optional for a mail-in application), and

--If the applicant resides or is located outside the United States, an 
address in the United States, and, if the applicant is conducting 
commercial activities, the name and address of the applicant's agent 
inside the United States; and
--If the applicant is a business, corporation, public agency, or 
institution, the tax identification number; description of the business 
type, corporation, agency, or institution; and the name and title of 
the person responsible for the permit (such as president, principal 
officer, or director);

     Location where the requested permitted activity is to 
occur or be conducted;
     Reference to the part(s) and section(s) of subchapter B as 
listed in paragraph (b) of 50 CFR 13 under which the application is 
made for a permit or permits, together with any additional 
justification, including supporting documentation as required by the 
referenced part(s) and section(s);
     If the requested permitted activity involves the import or 
re-export of wildlife or plants from or to any foreign country, and the 
country of origin, or the country of export or re-export restricts the 
taking, possession, transportation, exportation, or sale of wildlife or 
plants, documentation as indicated in Sec.  14.52(c) of subchapter B;
     Certification containing the following language:

--I hereby certify that I have read and am familiar with the 
regulations contained in title 50, part 13, of the Code of Federal 
Regulations and the other applicable parts in subchapter B of chapter I 
of title 50, Code of Federal Regulations, and I further certify that 
the information submitted in this application for a permit is complete 
and accurate to the best of my knowledge and belief. I understand that 
any false statement herein may subject me to suspension or revocation 
of this permit and to the criminal penalties of 18 U.S.C. 1001.

     Desired effective date of permit (except where issuance 
date is fixed by the part under which the permit is issued);
     Signature date;
     Signature of the applicant;
     Such other information as the Director determines relevant 
to the processing of the application, including but not limited to 
information on the environmental effects of the activity consistent 
with 40 CFR 1506.5 and Departmental procedures at 516 DM 6, appendix 
1.3A; and
     Additional information required on applications for other 
types of permits may be found by referring to table 1 in paragraph (b) 
in 50 CFR 13.12.
    Standardization of general information common to the application 
forms makes the filing of applications easier for the public, as well 
as expediting our review of applications. The information that we 
collect on applications and reports is the minimum necessary for us to 
determine if the applicant meets/continues to meet issuance 
requirements for the particular activity.

Proposed Revisions

    In 2020, the Service implemented a new electronic permit 
application called ePermits. The ePermits system allowed the Service to 
move towards a streamlined permitting process to reduce the information 
collection burden on the public, particularly small businesses. Public 
burden reduction is a priority for the Service, the Assistant Secretary 
for Fish and Wildlife and Parks, and senior leadership at the 
Department of the Interior. The intent of the ePermits system is to 
fully modernize the permitting process to improve the customer 
experience and to reduce time burden on respondents. This system 
enhances the user experience by allowing users to enter data from any 
device that has internet access, including personal computers, tablets, 
and smartphones. It also links the permit applicant to the Pay.gov 
system for payment of the associated permit application fee.
    Users of the ePermits system register for and use an account which 
will then automatically populate the forms they complete with the 
required identification information. The system eliminates the need for 
applicants to enter their information multiple times when they apply 
for separate permits and therefore reduces the burden on the applicant. 
The account registration process will also provide private sector users 
an opportunity to self-identify as a small business, which will enable 
the Service to more accurately report burden associated with 
information collection requirements placed on them.
    At this time, the ePermits system is unable to fully digitize 
section E of the permit application process. Section E of each permit 
application is customized based on the permit type. We anticipate being 
able to begin digitizing section E on our application forms within the 
year. As a result of challenges with the development of forms within 
the ePermits system, we do not have a timeline for full digitization of 
section E. We anticipate beginning the digitization of the report forms 
contained in this collection within the year, and believe the 
digitization of section E on application forms should be finalized by 
fiscal year 2024, as funding and resources become available.
    We anticipate changes to 12 application forms outlined below; 
however, we do not anticipate significant changes to the questions 
within section E of the other application forms. We have identified 
questions that could be simplified into plain language. Our proposed 
changes to the application forms are described below:
     Changes to trophy applications (FWS Forms 3-200-19, 
``Import of Sport-Hunted Trophies of Southern African Leopard and 
Namibian Southern White Rhinoceros''; 3-200-20, ``Import of Sport-
Hunted Trophies (Appendix I of CITES and/or ESA)''; 3-200-21, ``Import 
of Sport-Hunted Trophies of Argali''; and 3-200-22, ``Import of Sport-
Hunted Bontebok Trophies from South Africa''), to include specific 
questions on the sex and approximate age of the trophy, and copies of 
the specific forms provided by each country to the hunter as part of 
their application.
     Updating FWS Form 3-200-31, ``Introduction from the Sea 
(CITES),'' to add information requirements necessary to identify ports 
of entry to ensure proper inspection/clearance of specimens imported 
under the introduction from the sea.
     Updating FWS Form 3-200-32, ``Export/Re-Export of Plants 
(CITES),'' to ensure that each section of the application requests 
receipts documenting the legal acquisition of the species requested.

[[Page 29151]]

     Updating FWS Form 3-200-37d, ``Interstate or Foreign 
commerce of Live Animals/Samples/or Products (ESA),'' to add a question 
on the description of and justification for the requested activity. We 
will outline the information needed for each of the following purposes: 
scientific research, conservation education and/or zoological display, 
and captive propagation for the conservation and survival of the 
species.
     Based on requirements outlined in Resolution Conf. 11.20 
(Rev CoP18), we will be updating FWS Form 3-200-37f, ``Import of Live 
African Elephant from Botswana, Namibia, South Africa, and Zimbabwe and 
Southern White Rhino from Eswatini and South Africa,'' to request 
additional information required in order to make the finding of 
appropriate and acceptable destinations for the import of live African 
elephants and rhinoceros.
     Updates to FWS Form 3-200-41, ``Captive-Bred Wildlife 
Registration (U.S. Endangered Species Act),'' will be updated to 
include all new applicants completing sections 1, 2, and 4, as 
appropriate, and section 3 for renewing a captive-bred wildlife 
registration.
     Splitting FWS Form 3-200-43, ``Take/Import/Export of 
Marine Mammals for Public Display, Scientific Research, Enhancement, or 
Rescue/Rehabilitation/Release Activities or Renewal/Amendment of 
Existing Permit (MMPA and/or ESA),'' into smaller parts (3-200-43a, 3-
200-43b, 3-200-43c, 3-200-43d) to ensure the applicant can easily 
identify and submit the correct type of application for activities 
being requested under the MMPA.
     Clarification of information needed on FWS Form 3-200-46, 
``Import/Export/Re-Export of Personal Pets under the Conservation on 
International Trade in Endangered Species (CITES) and/or the U.S. 
Endangered Species Act (ESA),'' will include the requirement of the 
address of an applicant when they will be relocating with their pet.
     Updates to FWS Form 3-200-73, ``Re-Export of Wildlife 
(CITES),'' will be updated to align with our FWS Form 3-200-24, 
``Export of Live Captive-Born Animals and/or Part/Products from Non-
Native Species under the Convention on International Trade in 
Endangered Species (CITES),'' for information collected on live animals 
to include the sex and birth/hatch date of the live wildlife to be re-
exported.
    We do not plan to make changes to the annual report forms contained 
in this collection. We do make note that some permits are issued with 
specific reporting requirements at the termination of the permitted 
activity. The information varies based on the permitted activities. The 
report is submitted at the time a permit renewal is requested or at the 
termination of the permitted activity.
    The public may request copies of any form or document contained in 
this information collection by sending a request to the Service 
Information Collection Clearance Officer (see ADDRESSES, above).
    Title of Collection: Federal Fish and Wildlife Permit Applications 
and Reports--Management Authority; 50 CFR 13, 15, 16, 17, 18, 22, 23.
    OMB Control Number: 1018-0093.
    Form Numbers: FWS Forms 3-200-19 through 3-200-37, 3-200-39 through 
3-200-42, 3-200-43a through 3-200-43d, 3-200-46 through 3-200-53, 3-
200-58, 3-200-61, 3-200-64 through 3-200-66, 3-200-69, 3-200-70, 3-200-
73 through 3-200-76, 3-200-80, and 3-200-85 through 3-200-88.
    Type of Review: Revision of a currently approved collection.
    Description of Respondents/Affected Public: Individuals (including 
hunters); private sector (including biomedical companies, circuses, 
zoological parks, botanical gardens, nurseries, museums, universities, 
antique dealers, exotic pet industry, taxidermists, commercial 
importers/exporters of wildlife and plants, freight forwarders/
brokers); and State, local, Tribal, and Federal governments.
    Estimated Number of Annual Respondents: 6,139.
    Estimated Number of Annual Responses: 8,946.
    Estimated Completion Time per Response: Varies from 15 minutes to 
40 hours, depending on activity.
    Estimated Annual Burden Hours: 9,035.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion or annually, depending on 
activity.
    Total Estimated Annual Nonhour Burden Cost: $576,387 for costs 
associated with application processing fees, which range from $0 to 
$250. There is no fee for reports. State, local, Tribal, and Federal 
government agencies and those acting on their behalf are exempt from 
processing fees.
    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. 2023-09578 Filed 5-4-23; 8:45 am]
BILLING CODE 4333-15-P