Proposed Information Collection; Comment Request; Permits for Incidental Taking of Endangered or Threatened Species, 19821 [E8-7653]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Notices]
[Page 19821]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7653]



[[Page 19821]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


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

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce.

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 June 10, 2008.

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 dHynek@doc.gov).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to Naomi Lundberg, (301) 713-1401 or 
Naomi.Lundberg@noaa.gov.

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 222.22) 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: (1) 
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 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, the National Marine Fisheries Service 
(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: 13.
    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: 1,048.
    Estimated Total Annual Cost to Public: $660.

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 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: April 7, 2008.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
 [FR Doc. E8-7653 Filed 4-10-08; 8:45 am]
BILLING CODE 3510-22-P