Proposed Information Collection; OMB Control Number 1018-0119; Policy for Evaluation of Conservation Efforts When Making Listing Decisions (PECE), 71041-71042 [E8-27831]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Notices]
[Pages 71041-71042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27831]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R9-ES-2008-N0308] [92210-1111-0000-B3]


Proposed Information Collection; OMB Control Number 1018-0119; 
Policy for Evaluation of Conservation Efforts When Making Listing 
Decisions (PECE)

AGENCY: Fish and Wildlife Service, Interior.

ACTION:  Notice; request for comments.

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SUMMARY:  We (Fish and Wildlife Service) will ask the Office of 
Management and Budget (OMB) to approve the information collection (IC) 
described below. As required by the Paperwork Reduction Act of 1995 and 
as part of our continuing efforts to reduce paperwork and respondent 
burden, we invite the general public and other Federal agencies to take 
this opportunity to comment on this IC. This IC is scheduled to expire 
on January 31, 2009. We 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.

DATES: Your comments must be received on or before January 23, 2009.

ADDRESSES: Send your comments on the IC to Hope Grey, Information 
Collection Clearance Officer, Fish and Wildlife Service, MS 222-ARLSQ, 
4401 North Fairfax Drive, Arlington, VA 22203 (mail), or hope_
grey@fws.gov (e-mail).

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Hope Grey by mail or e-mail (see ADDRESSES) or 
by telephone at (703) 358-2482.

SUPPLEMENTARY INFORMATION: 
I. Abstract
    Section 4 of the Endangered Species Act (ESA) specifies the process 
by which we can list species as threatened or endangered. When we 
consider whether or not to list a species, the ESA requires us to take 
into account the efforts being made by any State or any political 
subdivision of a State to protect such species. We also take into 
account the efforts being made by other entities. States or other 
entities often formalize conservation efforts in conservation 
agreements, conservation plans, management plans, or similar documents. 
The conservation efforts recommended or called for in such documents 
could prevent some species from becoming so imperiled that they meet 
the definition of a threatened or endangered species under the ESA.
    The Policy for Evaluation of Conservation Efforts When Making 
Listing Decisions (PECE) encourages the development of conservation 
agreements/plans and provides certainty about the standard that an 
individual conservation effort must meet for us to consider whether it 
contributes to forming a basis for making a decision about the listing 
of a species. PECE applies to ``formalized conservation efforts'' that 
have not been implemented or have been implemented but have not yet 
demonstrated if they are effective at the time of a listing decision.
    Under PECE, formalized conservation efforts are defined as 
conservation efforts (specific actions, activities, or programs 
designed to eliminate or reduce threats or otherwise improve the status 
of a species) identified in a conservation agreement, conservation 
plan, management plan, or similar document (68 FR 15100). The 
development of such agreements/plans is voluntary. There is no 
requirement that the individual conservation efforts included in such 
documents be designed to meet the standard in PECE.
    PECE specifies that to consider if a formalized conservation 
effort(s) contributes to forming a basis for making a listing decision, 
we must find that the effort is sufficiently certain to be implemented 
and effective so as to have contributed to the elimination or adequate 
reduction of one or more threats to the species identified through our 
analysis of listing factors specified in section 4(a)(1) of the ESA. To 
gauge whether or not this standard has been met, PECE includes criteria 
for evaluating the certainty of implementation and the certainty of 
effectiveness of individual conservation efforts.
    One criterion is whether provisions for monitoring and reporting 
progress on implementation and effectiveness of the effort are included 
in the plan or agreement. Also, if we use a conservation effort(s) that 
satisfies the PECE standard as part of the basis for a decision not to 
list a species or to list the species as threatened rather than 
endangered, we must:
    (1) Track the status of the effort(s), including the progress of 
its implementation and effectiveness and
    (2) If necessary, reevaluate the status of the species and consider 
whether or not initiating the listing process is necessary.
    The nature and frequency of the monitoring and reporting will vary 
according to the species addressed, land ownership, specific 
conservation efforts, expertise of participants, and other factors. 
Generally, monitoring and reporting occurs annually for several years 
as the conservation efforts are implemented and their effectiveness is 
evaluated. The information collected through monitoring is invaluable 
to the Service, the States, and other entities involved in agreements 
and plans, and to others concerned about the welfare of the species 
covered by the agreements/plans.
    Agreements/plans developed with the intent of influencing a listing 
decision and with involvement of the Service constitute an information 
collection that requires OMB approval under the Paperwork Reduction 
Act. Estimating the hours associated with developing a conservation 
agreement or plan is difficult because:
    (1) Development and associated monitoring of conservation efforts 
are completely voluntary, and we cannot predict who will decide to 
develop these efforts, how many entities they might involve, or the 
type and extent of the planning, monitoring, and reporting processes 
they might use.
    (2) We cannot predict which species are certain to become the 
subjects of conservation efforts, and, therefore, we cannot predict the 
number, nature, and extent of conservation efforts and monitoring that 
might be included in conservation agreements/plans designed with the 
intent of influencing a decision regarding listing a species.
    (3) Many agreements/plans are developed to satisfy requirements of 
other laws or for other purposes. We cannot predict whether or the 
extent to which some of these plans may be expanded to attempt to make 
listing unnecessary.
II. Data
    OMB Control Number: 1018-0119.
    Title: Policy for Evaluation of Conservation Efforts When Making 
Listing Decisions (PECE).
    Service Form Number(s): None.
    Type of Request: Extension of currently approved collection.

[[Page 71042]]

    Affected Public: Individuals; States, tribes, local governments; 
and not-for-profit institutions.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.

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                                   Number of annual    Number of annual   Completion time per    Annual burden
            Activity                  respondents          responses            response             hours
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Original Agreement..............                   4                   4  2,000 hours........              8,000
Monitoring......................                   7                   7  600 hours..........              4,200
Reporting.......................                   7                   7  120 hours..........                840
    Totals......................                  18                  18  ...................             13,040
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III. Request for Comments
     We invite comments concerning this IC on:
    (1) Whether or not the collection of information is necessary, 
including whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this 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.
    Comments that you submit in response to this notice are a matter of 
public record. We will include and/or summarize each comment in our 
request to OMB to approve this IC. Before including your address, phone 
number, e-mail 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.

    Dated: October 9, 2008.
Hope Grey,
Information Collection Clearance Officer, Fish and Wildlife Service.
FR Doc. E8-27831 Filed 11-21-08; 8:45 am
BILLING CODE 4310-55-S