[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Notices]
[Pages 63722-63724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31491]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Information Collection Submitted to the Office of Management and 
Budget (OMB) for Reinstatement Approval under the Paperwork Reduction 
Act

ACTION: Notice.

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SUMMARY: The collection of information listed below has been submitted 
to OMB for approval under the provisions of the Paperwork Reduction 
Act. Copies of the proposed information collection requirement, related 
forms, and explanatory material may be obtained by contacting the 
Service Information Collection Clearance Officer at the address listed 
below.

DATES: Comments must be submitted on or before January 2, 1998.

ADDRESSES: Comments and suggestions on the requirement should be sent 
directly to the Office of Information and Regulatory Affairs; Office of 
Management and Budget; Attention: Desk Officer for the Department of 
the Interior; Washington, DC 20503; and a copy of the comments should 
be sent to the Information Collection Clearance Officer, U.S. Fish and 
Wildlife Service, MS 224-ARLSQ; 1849 C Street, NW., Washington, DC 
20240.

FOR FURTHER INFORMATION CONTACT: Phyllis H. Cook, Service Information 
Collection Clearance Officer, 703/358-1943; 703/358-2269 (fax).

SUPPLEMENTARY INFORMATION: The Service has submitted the following 
information collection requirements to OMB for review and approval 
under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments 
are invited on (1) whether the collection of information is necessary 
for the proper performance of the functions of the agency, including 
whether the information will have practical utility; (2) the accuracy 
of the agency's estimate of the burden of the collection of 
information; (3) ways to enhance the quality, utility, and clarity of 
the information to be collected; and, (4) ways to minimize the burden 
of the collection of information on respondents, including through the 
use of appropriate automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology.
    The information collection requirements in this submission 
implement the regulatory requirements of the Endangered Species Act (16 
U.S.C. 1539), the Migratory Bird Treaty Act (16 U.S.C. 704), the Lacey 
Act (18 U.S.C. 42-44), the Bald Eagle Protection Act (16 U.S.C. 668), 
the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora, (CITES) (27 UST 108), the Marine Mammal Protection Act 
(16 U.S.C. 1374), and the Wild Bird Conservation Act of 1992, 
contained, or will be contained in Service regulations in Chapter I, 
Subchapter B of Title 50 of the Code of Federal Regulations (CFR). 
Common permit application and record keeping requirements have been 
consolidated in 50 CFR 13, and unique requirements of the various 
statutes in separate parts as identified below.
    The Service has redesigned the standard license/permit application 
form 3-200 to assist persons in applying for Service permits issued 
under Subchapter B. Under the present clearance, the Service 
consolidated all requirements in one submission, and they were assigned 
OMB Approval Number 1018-0022, the Federal Fish and Wildlife License/
Permit and Related Reports. In an attempt to take the application 
process more ``user friendly,'' and to aid the public in commenting on 
specific license/permit requirements without having to comment on the 
entire package, similar types of permits have been grouped together and 
numbered. The permits have been divided into four groups: migratory 
bird permits, law enforcement, endangered species and Office of 
Management Authority. The application to apply for Service permits 
issued under Subchapter B of 50 CFR, will still require completion of 
the Service form 3-200, which has been revised and renumbered and is 
now Service form 3-200-1. In addition to the permit application, 
attachments are often necessary to provide additional information 
required for each specific type of permit, and these attachments have 
been assigned numbers, e.g., 3-200-2.
    The information to be supplied on the application form and the 
attachments will be used to review the application and allow the 
Service to make decisions, according to criteria

[[Page 63723]]

established in various Federal wildlife conservation statutes and 
regulations on the issuance, suspension, revocation, or denial of 
permits. The obligation to respond is, ``required to obtain a 
benefit.'' An agency may not conduct or sponsor a collection of 
information unless the collection of information displays a currently 
valid OMB control number. The following requirements are included in 
this submission:
    1. Native Endangered/Threatened Species--Incidental Take. The 
regulations in 50 CFR 17.22[b][1] & [3] and 17.32[b][1] & [3], and the 
parts listed below, implement the Endangered Species Act (ESA), except 
for those provisions in the ESA concerning the Convention on 
International Trade in Endangered Species of Fauna and Flora, for which 
regulations are provided in Part 23 of this subchapter. The ESA 
provides for the protection of listed species through establishments of 
programs for their recovery and through prohibition of harmful 
activities.
    The ESA also provides for a number of exceptions against ``take'' 
of listed species. The Federal regulations cited above have been 
promulgated to guide implementation of these exceptions to the ``take'' 
prohibitions through permitting programs. Form 3-200-56, was developed 
to facilitate collection of information required by these regulations.
    Form 3-200-56 addresses applications and reporting requirements for 
Incidental Take Permits under Section 10[a][1][B] of ESA. These permits 
will allow ``take'' of listed species that is incidental to otherwise 
lawful non-federal actions. Take authorized under this permit program 
would otherwise be prohibited by the ESA.
    2. Native Endangered and Threatened Species--Recovery and 
Interstate Commerce. Service form number 3-200-55 addresses application 
and reporting information requirements for Interstate Commerce and for 
Scientific Research permits under Section 10[a][1][A] of the ESA. 
Interstate Commerce permits allow transport and sale of listed species 
across State lines as part of breeding programs enhancing the survival 
of the species. Scientific Research permits allow ``take'' of listed 
species as part of research and management actions, enhancement of 
propagation or survival, or zoological exhibition, or educational 
purposes, or special purposes consistent with the ESA designed to 
benefit the species involved. Detailed descriptions of the proposed 
taking, its necessities for success of the proposed action, and 
benefits to the species resulting from the proposed action are required 
under the implementing regulations cited above. Take authorized under 
this permit program would otherwise be prohibited by the ESA.
    3. Safe Harbor and Candidate Conservation Agreements. The ESA 
provides number of exceptions to its prohibitions against ``take'' of 
listed species. Regulations have not been promulgated at 50 CFR 17.22 
(endangered species) and 17.32 (threatened species) to guide 
implementation of these exceptions to the ``take'' prohibitions through 
permitting programs. However, a proposed rule was published in the 
Federal Register on June 12, 1997 (62 FR 32189). (NOTE: The current 
Part 17.22[c] and 17.32[c] will be redesignated 17.22 [e] and 17.32[e], 
respectively, to allow insertion of the new subsections). Currently, 
Part 17.22 [a] and [b] contain application requirements, issuance, 
criteria, and permit conditions for permits for scientific research, 
enhancement of propagation and survival, and incidental take. The 
regulations for which this information collection clearance is sought, 
have not yet been promulgated.
    Service form number 3-200-54 addresses application requirements for 
permits for enhancement of survival through safe harbor and candidate 
conservation agreements. The permittee will be required to notify the 
Service of any transfer of lands subject to the Safe Harbor Agreement 
so that any landowners may be offered the opportunity to continue the 
actions which the original landowner agreed to and thus he or she may 
be offered the same legal assurances. A major incentive for landowner 
participation in the Safe Harbor program is the long-term certainty the 
program provides, including the certainty that the incidental takes 
authorization will stay with the land when it changes hands. The 
Service also requires the permittee/landowner to notify the Service as 
far in advance as possible when he or she expects to incidentally take 
any species covered under the permit and provide the Service with an 
opportunity to translocate affected individual specimens if possible 
and appropriate.
    Description of respondents: Individuals and households.

   Burden Estimate for the Federal Fish and Wildlife License/Permit--   
                           Endangered Species                           
------------------------------------------------------------------------
                                    Number of    Completion     Annual  
          Permit/report            respondents      time        burden  
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Safe Harbor & Candidate                                                 
 Agreements, 3-200-54............           50          2.5          125
Annual Report....................          150          5.0          750
Native E/T Species Recovery &                                           
 Comm. 3-200-55..................          525          2.0        1,050
Annual Report....................          100          2.0          200
Native E/T Species Incidental                                           
 Take 3-200-56...................          100          2.5          250
Annual Report....................          350          5.0        1,750
                                  --------------------------------------
      Totals.....................        1,275  ...........        4,125
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[[Page 63724]]

    Dated: November 25, 1997.
Gerry A. Jackson,
Acting Assistant Director--Ecological Services.
[FR Doc. 97-31491 Filed 12-1-97; 8:45 am]
BILLING CODE 4310-55-P