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[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Notices]
[Pages 6414-6415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2283]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 020105F]

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

AGENCY: National Oceanic and Atmospheric Administration (NOAA).

ACTION: Notice.

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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.

DATES: Written comments must be submitted on or before April 8, 2005.

ADDRESSES: Direct all written comments to Diana Hynek, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th 
and Constitution Avenue, NW, Washington, DC 20230 (or via the Internet 
at [email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument(s) and instructions 
should be directed to Susan Pultz, F/PR3Room 13661, 1315 East-West 
Highway, Silver Spring MD 20910-3282 (phone 301-713-1401, ext. 116).

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 (50 CFR part 222.222) 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.
    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.
    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, NMFS recognizes certain exceptions to that 
prohibition, including habitat restoration actions taken in accord with 
approved state watershed action plans. 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

    Currently, most information is collected on paper, but in some 
instances, there is electronic access and capability.

III. Data

    OMB Number: 0648-0230.
    Form Number: None.
    Type of Review: Regular submission.
    Affected Public: Individuals or households; business or other for-
profit organizations; not-for-profit institutions; and state, local, or 
tribal government.
    Estimated Number of Respondents: 11.
    Estimated Time Per Response: 80 hours for a permit application 
(including Habitat Conservation Plans); 30 minutes for an application 
for a Certificate of Inclusion; 8 hours for a permit report; and 10 
hours for a watershed plan.
    Estimated Total Annual Burden Hours: 880.
    Estimated Total Annual Cost to Public: $15,840.

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 collected; and (d) ways to minimize the

[[Page 6415]]

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: January 27, 2005.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 05-2283 Filed 2-4-05; 8:45 am]
BILLING CODE 3510-22-S
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