[Federal Register Volume 63, Number 94 (Friday, May 15, 1998)]
[Notices]
[Pages 27050-27051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12956]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Permits for Incidental Taking of Endangered or Threatened 
Species; Proposed Collection

ACTION: Proposed collection; comment request.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 
3506(c)(2)(A)).

DATES: Written comments must be submitted on or before July 14, 1998.

ADDRESSES: Direct all written comments to Linda Engelmeier, 
Departmental Forms Clearance Officer, Department of Commerce, Room 
5327, 14th and Constitution Avenue, NW, Washington DC 20230.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument(s) and instructions 
should be directed to Karen Salvini--F/PR3, Office of Protected 
Resources, Room 13623, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3226 (301-713-1401 ext.130).

SUPPLEMENTARY INFORMATION:

I. Abstract

    The Endangered Species Act of 1973 (ESA; 16 U.S.C. 1531 et. seq.) 
imposed prohibitions against the taking of endangered species. In 1982, 
Congress revised the ESA to allow permits authorizing the taking of 
endangered species incidental to otherwise lawful activities. The 
corresponding regulations established procedures for persons to apply 
for such a permit. In addition, the regulations set forth specific 
reporting requirements for such permit holders.
    The regulations contain three sets of information collections: (l) 
Applications for incidental take permits, (2) applications for 
certificates of inclusion, and (3) reporting requirements for permits 
issued. Certificates of inclusion are only required if a general permit 
is issued to a representative of a group of potential permit 
applicants, rather than requiring each entity to apply for and receive 
a permit. There are currently no general incidental take permits, and 
no certificates of inclusion, and none are expected in the next three 
years.
    The required information is used to evaluate the impacts of the 
proposed activity on endangered species, to make the determinations 
required by the ESA prior to issuing a permit, and to establish 
appropriate permit conditions. In order to issue a permit as required 
by ESA section 10(a)(2)(B), NMFS must determine that (i) the taking 
will be incidental; (ii) the applicant will, to the maximum extent 
practicable, minimize and mitigate the impacts of such taking; (iii) 
the applicant will ensure that adequate funding for the plan will be 
provided; (iv) the taking will not appreciably reduce the likelihood of 
the survival and recovery of the species in the wild; and (v) any 
additional measures required by NMFS as being necessary or appropriate 
for the purposes of the conservation plan will be met.
    When a species is listed as threatened, section 4(d) of the ESA 
requires the Secretary to issue whatever regulations are deemed 
necessary or advisable to provide for conservation of the species. In 
many cases those regulations reflect blanket application of the section 
9 take prohibition. However, in an interim rule for protection of 
listed coho salmon NMFS recognized certain exceptions to that 
prohibition, including one for restoration actions taken in accord with 
approved watershed action plans in Oregon or California. While 
watershed plans are prepared for other purposes in coordination with or 
fulfillment of various state programs, a watershed group wishing to 
take advantage of the exception for restoration activities (rather than 
obtaining a section 10 permit) would have to submit the plan for NMFS 
review.

II. Method of Collection

    Permit applicants must submit an application to NMFS, including all 
appropriate information listed on the instructions. These instructions 
are a user-friendly version of the requirements at 50 CFR 222.22(b) for 
applications for incidental take permits.
    Once issued, the permit requires that permit holders submit an 
annual report on activities. These reports must include information on: 
The activity causing incidental take, any endangered species taken 
(species, dates, location, and condition of animal), and the status of 
implementing a conservation plan to offset the impact to the species.
    For watershed plans, a watershed council or other local group would 
submit its watershed plan to NMFS (and the state) for review against 
state guidance which meets the standards of 50 CFR 222.22(c). If the 
plan is found consistent with the state guidance, the group would not 
need to apply for a section 10 permit for any incidental take that 
might be associated with a restoration action called for in the plan. 
No annual or other reporting is associated with the restoration 
activity exception.

III. Data

    OMB Number: 0648-0230.
    Form Number: None.
    Type of Review: Regular submission.
    Affected Public: State, local, or tribal government; business or 
other for-profit; individuals; not-for-profit institutions.
    Estimated Number of Respondents: 21 (11 permit-related, 10 for 
watershed plans).
    Estimated Time Per Response: 80 hours for a permit application, 10 
hours for a watershed plan, 8 hours for a permit report, and 30 minutes 
for a Certificate of Inclusion application.
    Estimated Total Annual Burden Hours: 1,068.
    Estimated Total Annual Cost to Public: $0 (no capital 
expenditures).

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be

[[Page 27051]]

collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: May 12, 1998.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and 
Organization.
[FR Doc. 98-12956 Filed 5-14-98; 8:45 am]
BILLING CODE 3510-22-P