Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Federal Fish and Wildlife Permit Applications and Reports-Migratory Birds, 29963-29968 [2020-10707]
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Federal Register / Vol. 85, No. 97 / Tuesday, May 19, 2020 / Notices
collections. We appreciate these
comments and will work with our
regional permit offices to resolve the
inconsistent approach to setting permit
durations and requiring annual reports.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we are again soliciting
comments from the public and other
Federal agencies on the proposed ICR
that is described below. We are
especially interested in public comment
addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email 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.
Abstract: Information collection
requirements associated with the
Federal fish and wildlife permit
applications and reports for both
migratory birds and eagles are currently
approved under a single OMB control
number, 1018–0022, ‘‘Federal Fish and
Wildlife Permit Applications and
Reports—Migratory Birds and Eagles; 50
CFR 10, 13, 21, 22.’’ With this
submission to OMB, we are proposing to
reinstate OMB Control Number 1018–
0167, ‘‘Eagle Take Permits and Fees, 50
CFR 22,’’ in order to transfer the eagle
requirements back in to a separate
information collection to facilitate easier
management of the information
collection requirements associated with
eagles.
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The Bald and Golden Eagle Protection
Act (Eagle Act; 16 U.S.C. 668–668d)
prohibits take of bald eagles and golden
eagles except pursuant to Federal
regulations. The Eagle Act regulations at
title 50, part 22 of the Code of Federal
Regulations (CFR) define the ‘‘take’’ of
an eagle to include the following broad
range of actions: To ‘‘pursue, shoot,
shoot at, poison, wound, kill, capture,
trap, collect, destroy, molest, or
disturb.’’ The Eagle Act allows the
Secretary of the Interior to authorize
certain otherwise prohibited activities
through regulations.
All Service permit applications
associated with eagles are in the 3–200
and 3–202 series of forms, each tailored
to a specific activity based on the
requirements for specific types of
permits. For this reinstatement, we
combined Forms 3–200–10c and 3–200–
10d into one form (3–200–10c) to reduce
the number of application forms and
help streamline the application process.
Since both forms dealt with possession
for education purposes, and asked
virtually the same questions of the
applicant, there was no need to have
separate forms. We collect standard
identifier information for all permits.
The information that we collect on
applications and reports is the
minimum necessary for us to determine
if the applicant meets/continues to meet
issuance requirements for the particular
activity.
In addition to reinstating this
information collection, the Service will
request OMB approval to automate
certain eagle permit forms. The
Service’s new ‘‘ePermits’’ initiative is an
automated permit application system
that will allow the agency to move
towards a streamlined permitting
process to reduce public burden. Public
burden reduction is a priority for the
Service; the Assistant Secretary for Fish,
Wildlife, and Parks; and senior
leadership at the Department of the
Interior. The intent of the ePermits
initiative is to fully automate the
permitting process to improve the
customer experience and to reduce time
burden on respondents. This new
system will enhance the user experience
by allowing users to enter data from any
device that has internet access,
including personal computers, tablets,
and smartphones. It will also link the
permit applicant to the Pay.gov system
for payment of the associated permit
application fee.
We anticipate including the following
Service forms in the ePermits initiative:
FWS Forms 3–200–14, 3–200–15a,
3–200–16, 3–200–18, 3–200–69, 3–200–
72, 3–200–77, 3–200–78, 3–200–82, 3–
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202–11 through 3–202–16, 3–1552, and
3–1591.
Title of Collection: Eagle Take Permits
and Fees, 50 CFR 22.
OMB Control Number: 1018–0167.
Form Numbers: FWS Forms 3–200–
14, 3–200–15a, 3–200–16, 3–200–18,
3–200–71, 3–200–72, 3–200–77, 3–200–
78, 3–200–82, 3–202–11 through 3–202–
16, 3–1552, 3–1591, and 3–2480.
Type of Review: Reinstatement of a
previously approved information
collection with revisions.
Respondents/Affected Public:
Individuals and businesses. We expect
the majority of applicants seeking longterm permits will be in the energy
production and electrical distribution
business.
Total Estimated Number of Annual
Respondents: 4,068.
Total Estimated Number of Annual
Responses: 4,318.
Estimated Completion Time per
Response: Varies from 15 minutes to
228 hours, depending on activity.
Total Estimated Number of Annual
Burden Hours: 25,894.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion
for applications; annually or on
occasion for reports.
Total Estimated Annual Nonhour
Burden Cost: $1,369,200 (primarily
associated with application processing
fees).
An agency 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.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Dated: May 14, 2020.
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2020–10708 Filed 5–18–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–MB–2020–N052; FF09M21200–
190–FXMB1231099BPP0; OMB Control
Number 1018–0022]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Federal Fish and
Wildlife Permit Applications and
Reports—Migratory Birds
AGENCY:
Fish and Wildlife Service,
Interior.
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Notice of information collection;
request for comment.
ACTION:
In accordance with the
Paperwork Reduction Act, we, the U.S.
Fish and Wildlife Service, are proposing
to renew an existing information
collection with revisions.
DATES: Interested persons are invited to
submit comments on or before June 18,
2020.
ADDRESSES: Send written comments on
this information collection request to
the Office of Management and Budget’s
Desk Officer for the Department of the
Interior by email at OIRA_Submission@
omb.eop.gov; or via facsimile to (202)
395–5806. Please provide a copy of your
comments to the Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, MS: PRB/PERMA
(JAO), 5275 Leesburg Pike, Falls
Church, VA 22041–3803 (mail); or by
email to Info_Coll@fws.gov. Please
reference OMB Control Number ‘‘1018–
0022’’ in the subject line of your
comments.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Madonna L. Baucum, Service
Information Collection Clearance
Officer, by email at Info_Coll@fws.gov,
or by telephone at (703) 358–2503.
Individuals who are hearing or speech
impaired may call the Federal Relay
Service at 1–800–877–8339 for TTY
assistance. You may also view the ICR
at https://www.reginfo.gov/public/do/
PRAMain.
In
accordance with the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C.
3501 et seq.), we, the U.S. Fish and
Wildlife Service (Service, we), are
proposing to renew an existing
information collection with revisions.
In accordance with the PRA, we
provide the general public and other
Federal agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
On October 28, 2019, we published in
the Federal Register (84 FR 57746) a
notice of our intent to request that OMB
approve this information collection. In
that notice, we solicited comments for
60 days, ending on December 27, 2019.
We received the following comments in
response to that notice:
Comment 1: Comment received via
email on October 31, 2019:
SUPPLEMENTARY INFORMATION:
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The commenter states that the current
application process is quite
cumbersome and archaic, and that
annual reporting is difficult. The
commenter indicated they are reporting
two different ways, using both the
online system and the Excel spreadsheet
form. They asked if they could capture
all the reporting information through
the online (IMR) system only.
Agency Response to Comment 1: We
talked with the company about the
duplicate reporting they appeared to be
doing. We clarified that they should not
be required to submit the information
twice in two different forms, and made
sure they would only be using the
online system in the future. We also
corrected an issue in the online system
that was showing them an extended
version of the form with additional
fields they weren’t required to fill out.
Comment 2: Comment received via
mail on December 30, 2019:
The commenter indicated that it is
sometimes difficult for someone to
know if a permit is needed, and that
finding, reading, and understanding the
application of the regulations requires a
degree of expertise. They suggest a
decision key, or a similar tool within an
online system to help determine the
type of permit needed. They also
mentioned some confusion concerning
the words ‘‘scientific collecting’’ and
what exactly that means. They
suggested some revisions to the
Migratory Bird and Eagle Scientific
Collecting (3–200–7) and Eagle
Exhibition (3–200–14) application forms
to help clarify some potential perceived
overlap between and to help avoid
confusion in the future. With respect to
3–200–7, they pointed out that one
region is requiring a museum to obtain
a scientific collecting permit in order to
receive a bald eagle carcass from the
Service, rather than obtaining it under
the museum’s ‘‘Federal Eagle
Exhibition’’ permit. They indicate this
should not be the case, and suggest
clarifications to the application form are
needed so it’s clear what permits should
be issued and for what permit.
Agency Response to Comment 2: In
response to the comment about
information being difficult to find and
confusion about what permit to get, we
are continuously working to improve
our websites and forms to make it easier
for the public to find information. For
instance, we’ve recently co-located all of
our forms on our Migratory Bird web
page at: https://www.fws.gov/birds/
policies-and-regulations/permits/needa-permit.php and provided links to
instructions and FAQs directly in the
application and report forms. As we
continue to work to modernize the way
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we collect and deliver information, this
should alleviate some, if not all the
current difficulties in locating
documents and information.
Responses to comments with regard to
Form 3–200–14 are addressed in the
information collection package for OMB
Control Number 1018–0167.
With regard to the comment
concerning overlap between the
authority of Forms 3–200–14 and 3–
200–7, there is no overlap between the
types of activities that are authorized
under these two permits. A scientific
collecting permit is required to collect/
salvage migratory birds and eagles from
the wild. Acquisitions and transfers of
eagle remains already in the possession
of the Service or a permittee do not
require a scientific collecting permit. An
eagle exhibition permit (which is
applied for using form 3–200–14),
would be required to display eagle
remains for educational use; and the
specimen can be acquired and
transferred from the Service to the
museum once the specimen has been
added to the list of specimens covered
under that permit (which can be done
via an amendment if that specimen was
not on the original application). We
believe the application forms and
associated FAQs are pretty clear on the
purpose of these two permits, but have
made some minor clarifications to the
Scientific Collecting application form
and FAQ that may help clarify some of
the concerns and confusion that have
been raised by this comment. If a
regional permit office is requiring a
Scientific Collection permit to obtain a
Bald Eagle from the Service, then the
region may be in error, and you should
contact your Regional Migratory Bird
Permit Office to discuss this further and
correct the error, if appropriate.
Falconry Database Comments—
Additionally, on August 13, 2019, we
published in the Federal Register (84
FR 40086) a notice of our intent to
request that OMB approve the
information collection requirements
associated with the falconry database. In
that notice, we solicited comments for
60 days, ending on October 15, 2019.
Subsequently, the Service decided to
incorporate those requirements into this
collection as a revision, rather than
request OMB approval of a new
collection, because falconry activities
are permitted under regulations
implementing the MBTA. We reviewed
and considered all comments received
in response to that notice as part of this
revision to OMB Control No. 1018–
0022. We fully considered all
substantive comments we received.
Below, we have grouped our responses
to comments by issue rather than by
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individual commenter. This avoids
repetition in our responses, and benefits
commenters, who will be interested in
seeing other commenters’ views on
topics of interest, along with our
responses.
We received the following comments
in response to the falconry database
notice:
Comment 1: Comment received via
email on August 13, 2019: The
commenter is not in favor of the
information collecting being used for
law enforcement purposes. They believe
that if a falconer has a falconry license
and the raptor is reported into the
appropriate database, law enforcement
authority ends at that point, and the
authority of FWS to gather raptor
harvest information ends once a WILD
raptor has been legally taken and
reported. They believe that if falconers
wish to transfer a wild taken raptor to
other properly licensed individuals, this
is beyond the scope of MBTA authority.
In addition, they believe the progeny of
domestic bred raptors—whether pure
species/subspecies or hybrids—is
beyond the scope of the MBTA
especially since the 2004 MBTA
Revision excluded non-naturally
occurring birds.
Agency Response to Comment 1:
Wildlife law enforcement actions
related to falconry remains important to
maintain compliance with state rules
and regulations regarding species of
take, bird transfers and humane
treatment of Falconry birds.
Comment 2: Comment received via
email on August 28, 2019: In California
the state bears the burden of collecting
falconry data and reporting it to the
USFWS.
Comment 3: Comment received via
email on August 22, 2019: The state
agencies could execute an annual bulk
upload of all take reports to the federal
system.
Agency Response to Comments 2 and
3: California has authority to collect
falconry information on their own
database. This collection system was
approved by the Service, as it mirrors
the federal 3–186 A database used by all
other States. Falconry data from
California have been regularly
transferred to the Service to aid in
review of take of falconry species and
subsequent impact to wild raptor
populations across State lines. All other
States have decided to use the Federal
3–186A database for collection of
falconry information.
Comment 4: Comment received via
email on August 28, 2019: The
commenter indicates that since
domestically bred raptors are not wild,
some of them not having seen the wild
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for generations, the information about
them should be outside the scope of the
USFWS. They believe this reporting
requirement is redundant, burdensome
and does not improve management of
wild raptors.
Comment 5: Comment received via
email on October 14, 2019: The
commenter states the Service should
only track raptors taken from the wild.
They state that captive-bred raptors and
hybrids of exotic crosses are no longer
migratory birds due to their origin, that
the Services classification of them is in
error, and creates unnecessary burden.
Comment 6: Comment received via
email on August 28, 2019: Collecting
information about domestically bred
and kept raptors should not be in the
scope of the system.
Agency Response to Comments 4, 5
and 6: Federal and State regulations
governing falconry and raptors removed
from the wild consider all falconry birds
‘‘wild’’ regardless of the length of time
in captivity or if it has been transferred
to another permittee or permit type.
Domestically bred raptors were from
wild lineage at some point, and are for
the most part, similar in appearance and
behavior to wild-caught birds.
Information collected on these birds
assists State and Federal agencies with
compliance of rules and regulations, as
codified by the Migratory Bird Treaty
Act, which prohibits any person from
taking, possessing, purchasing,
bartering, selling or offering to purchase,
barter, or sell, among other things,
raptors (birds of prey) protected by the
Act, unless the activities are allowed by
Federal permit.
Comment 7: Comment received via
email on October 14, 2019: The
commenter asked why, since the Service
did away with the Federal Falconry
Permit in 2014, it is still requiring the
States to administer/maintain databases
of Falconers. They comment that the
new database does not enhance the user
experience due to its complexity and
the fact you must have internet to access
it.
Agency Response to Comment 7: The
latest revision of the 3–186A database
has been used by State and Federal
agencies to compile information
regarding wild and captive bred raptors
for the sport of falconry. State agencies
provide falconers guidance to comply
with their regulations; a part of this is
to maintain current information on
falconry take and disposition of falconry
birds. While the new 3–186A database
is internet based, some States have
allowed paper forms to be submitted to
falconry administrators when the
internet is unavailable to the falconer.
The decision to use paper forms, or
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other forms of data entry has been left
to the States. However, due to staffing
issues, some States that currently allow
paper forms are transitioning to an
online data entry system. If a State
choses to allow the use of paper forms,
the State assumes the responsibility for
entering the required information into
the 3–186A database system.
Comment 8: Comment received via
email on October 14, 2019: The
commenter suggests that the Service’s
overregulation of Falconry is
discriminatory towards a tiny minority
of sportsmen and sportswomen and they
should expend their resources and
efforts in data collection instead toward
things like identification and regulation/
registration of the owners of military
assault weapons.
Agency Response to Comment 8:
Thank you for your comment. Your
response is helpful and will be part of
the public record.
Comment 9: Comment received via
email on August 16, 2019: The
commenter states that there are less than
200 falconers in the United States and
asked why tax payers are paying to
support such a small group. They state
it’s a waste of taxpayer dollars, and
think the program should be shut down.
Agency Response to Comment 9:
Thank you for your comment. Your
response is helpful and will be part of
the public record.
Comment 10: Comment received via
email on August 21, 2019: The
commenter is a user of the online
system. The commenter says the system
is not user friendly. Specific complaints
are missing dispositions and the random
ability to view other Permittee’s
dispositions.
Comment 11: Comment received via
email on October 15, 2019: The
commenter has used both the original
and new database, and finds the newer
much more confusing and time
consuming. They think the new system
should look and work more like the old
system. They also state they’ve lost
records because the state has edited or
removed them. They state there’s no
reason for a state to go in and edit a
falconer’s form. They said it’s become a
nightmare to use and maintain and get
original records back in place within the
system. They suggest what the system
generates needs to be a standard looking
3–186 that a state cannot remove or edit
once a registered falconer records the
info in the system.
Comment 12: Comment received via
postal mail on October 15, 2019: The
commenter finds the online system
unnecessarily cumbersome, tedious and
error prone. They suggest form-based,
rather than field-based data entry
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validation, which they feel would
greatly simplify the data-entry process.
Also, they comment that the burden
estimates state that 2.5 hours to
complete the form. In their experience
it takes approximately 30 minutes to
complete a 3–186A online. However,
they believe this time could be and
should be reduced to approximately 10
minutes with proper website design
including the use of form-based rather
than field-based data entry validation.
Comment 13: Comment received via
postal mail on September 17, 2019: The
commenter states that the Service could
enhance the utility of the information
and minimize the burden of the
collection of information upon the
respondents if the application was made
more user friendly.
Agency Response to Comments 10–13:
In the quest to get the database
functioning again quickly, we had to
adhere to recent changes in Federal
computer standards. We agree the
accurate data entry for most acquisition
and transfers should take 10 to 30
minutes, depending on the situation and
details related to the falconry bird. At
this time due to federal database
standards and platform specific code, as
well as resources available to us, we
cannot change the 3–186A database
online appearance to mimic the paper
format.
Comment 14: Comment received via
postal mail on August 22, 2019: The
commenter asks if the database is
necessary. The commenter suggests that
in collaboration with the States, the
Service should be monitoring falconry
take to ensure that take does not exceed
5% as recommended by the USFWS in
Millsap and Allen 2006.
Agency Response to Comment 14: The
3–186A database is the mechanism that
the Service established to accomplish
that exact task, to track the number of
raptors removed from the wild annually
by falconers to ensure compliance with
the take limits established in the 2008
environmental assessment. The current
framework, where permitting authority
is delegated to the States, hinges on the
ability for take to be tracked nationally
via the 3–186A database. In addition,
the 3–186A database provides
information within and across State
boundaries to allow State and Federal
wildlife officials for periodic review of
take of raptors used for falconry, and to
be cognizant of potential impacts to
wild raptors where species issues have
been suggested or documented by
credible data, and/or independent, peer
reviewed research.
Comment 15: Comment received via
postal mail on August 22, 2019: The
commenter asks if the information in
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the database will be processed and used
in a timely manner. After talking with
some agency biologists, it sounds to
them that there is essentially zero
capacity at the state level to monitoring
these databases for accuracy,
compliance, or take levels among other
reasons. So, they feel that the existence
of the system itself is possibly
unjustified. They state that since
falconers are already submitting annual
reports to their state F&W agency every
year, they are, in effect, submitting
duplicate records for no reason.
Comment 16: Comment received via
postal mail on August 22, 2019: The
commenter suggests that to enhance the
quality, utility, and clarity of the
information to be collected, the system
should replace annual reporting at the
state level and should be highly userfriendly. They state that due to the
dysfunction of the last system, a lot of
people were just submitting paper
copies anyway to their state falconry
staff person. They suggest the Service
improve the system to provide the state
agency with the necessary information
while maintaining a safe and accurate
database of record submissions for each
permittee.
Comment 17: Comment received via
postal mail on August 22, 2019: The
commenter states that the Service can
minimize the burden of this collection
on the respondents by advising states
that annual report requirements are
being met by the database reporting
system and are thus unnecessary.
Comment 18: Comment received via
postal mail on August 22, 2019: The
commenter states that the process can
be streamlined by elimination of
reporting by falconers because it is
redundant for both falconers and state
wildlife agencies to report the same
information.
Agency Response to Comment 15–18:
State biologists, in concert with
biologists and computer specialists from
the Service’s Division of Migratory
Birds, regularly look at data provided by
falconers. When questions of accuracy,
compliance or take levels are derived
from information supplied by falconers,
state falconry administrators reach out
to falconers to maintain quality
assurance. In response to questionable
information, state administrators may
reach out to their Wildlife Law
Enforcement branch for potential
follow-up with the falconer. Data
submission on the 3–186A database, as
well as via additional annual reporting
has been considered standard practice
by some states. If falconers perceive an
issue with the system recognizing other
permit types, they should interact with
their state falconry administrator, as
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states vary in their insistence of other
permit types being reported via the 3–
186A database. Reporting requirements
may vary, as each state may do what
they deem appropriate for record
keeping as long as those standards are
within the sideboards of Federal
Falconry regulations (50 CFR 21.29)
Comment 19: Comment received via
postal mail on August 22, 2019: The
commenter suggests the database be
made to allow transfer and acquisitions
between all possible legal permit types.
They suggest making sure the database
serves the permittee by saving all
submissions and allowing the permittee
to search and print all past submissions
easily.
They also suggest linking the
transfers, so that when one permittee
fills out a transfer on the database, it
will prompt that other involved
permittee by email.
Comment 20: Comment received via
postal mail on August 31, 2019: The
commenter says the database needs a
complete re-write. They state that
signing in is nearly impossible, and the
PDF forms are difficult to use, and often
deletes their information as they are
typing it. They suggest there should be
a PDF ’send/save’ mode where we send
the PDF as an attachment, and a
confirmation number/email for their
records that we note the data sent on
our records. They also suggest a
comments section on the form is
needed, and a description of the bird if
it has unusual markings, etc. They state
it should be easily used with any
browser type.
Agency Response to Comment 19–20:
Your comments are helpful as the
Service and States look to improve the
3–186A database and falconry record
keeping. If falconers perceive an issue
with the system for access, recognizing
or saving data, they should interact with
their state falconry administrator, as
states vary in their insistence of other
permit types being reported via the 3–
186A database. Reporting requirements
may vary, as each state may do what
they deem appropriate for record
keeping as long as those standards are
within the sideboards of Federal
Falconry regulations (50 CFR 21.29).
Comment 21: Comment received via
postal mail on August 22, 2019: The
commenter suggests increasing the
length of time a permittee has to report
a transfer or acquisition to make it less
likely that violations are a matter of
plain forgetting.
Agency Response to Comment 21:
Current timelines by Federal and State
regulations are 10 days for the length of
time necessary to report an acquisition
or transfer. This requirement may vary
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to be more restrictive, as each State may
do what they deem appropriate for
record keeping as long as those
standards are within the sideboards of
Federal Falconry regulations (50 CFR
21.29).
Comment 22: Comment received via
postal mail on October 15, 2019: The
commenter is confused by some
statements in the posting. The posting
indicated that the service anticipated
about 40 annual respondents. They state
that since the 3–186A form is required
for every raptor taken, release or
transferred, and nearly 700 birds are
taken annually, we would expect closer
to 1,000 3–186A forms to be submitted
every year.
Agency Response to Comment 22: We
admit the error of the Service statement
in the Federal Register notice and thank
the commenter for pointing this out. In
review of our statements, the Service
was indicating the time expected to be
interacting with all State falconry
administrators regarding the 3–186A
database. The commenter is correct on
the approximate time necessary for
falconers across the United States to
provide their pertinent data under their
permit to the states via the 3–186A
database.
Comment 23: Comment received via
postal mail on September 17, 2019: The
commenter supports the collection of
data regarding acquisition and
dispositions of wild raptors used in
falconry. They state that while the
Environmental Assessment by Millsap,
et al. found that falconry take of raptors
has no impact on raptor populations,
they acknowledge that comprehensive
collection of this information on a
nation-wide basis may be of value to
biologists and historians. They state that
collection of such data should also
support the following functions:
enforcing federal wildlife laws,
protecting endangered species and
managing migratory birds.
Agency Response to Comment 23: We
appreciate the commenter’s perspective.
The 3–186A database provides
information within and across State
boundaries to allow State and Federal
wildlife officials for periodic review of
take of raptors used for falconry, and to
be cognizant of potential impacts to
wild raptors where species issues have
been suggested or documented by
credible data, and/or independent, peer
reviewed research.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we are again soliciting
comments from the public and other
Federal agencies on the proposed ICR
that is described below. We are
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especially interested in public comment
addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your that your
entire comment—including your
personal identifying information—may
be 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.
Abstract: Our Regional Migratory Bird
Permit Offices use information that we
collect on permit applications to
determine the eligibility of applicants
for permits requested in accordance
with the criteria in various Federal
wildlife conservation laws and
international treaties, including:
(1) Migratory Bird Treaty Act (16
U.S.C. 703 et seq.).
(2) Lacey Act (18 U.S.C. 42; 16 U.S.C.
3371 et seq.).
(3) Bald and Golden Eagle Protection
Act (16 U.S.C. 668 et seq.).
Service regulations implementing
these statutes and treaties are in chapter
I, subchapter B of title 50 of the Code
of Federal Regulations (CFR). These
regulations stipulate general and
specific requirements that, when met,
allow us to issue permits to authorize
activities that are otherwise prohibited.
With the exception of Forms 3–186
and 3–186a, all Service permit
applications are in the 3–200 and 3–202
series of forms, each tailored to a
specific activity based on the
requirements for specific types of
permits. For this revision, we combined
Forms 3–200–10c and 3–200–10d into
one form (3–200–10c) to reduce the
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29967
number of application forms and help
streamline the application process.
Since both forms dealt with possession
for education purposes, and asked
virtually the same questions of the
applicant, there was no need to have
separate forms. We collect standard
identifier information for all permits.
The information that we collect on
applications and reports is the
minimum necessary for us to determine
if the applicant meets/continues to meet
issuance requirements for the particular
activity.
Proposed Revisions to This Information
Collection
With this submission, we are
proposing the following revisions to the
existing information collection:
Transfer of Eagle Requirements to OMB
Control No. 1018–0167
Information collection requirements
associated with the Federal fish and
wildlife permit applications and reports
for both migratory birds and eagles are
currently approved under a single OMB
control number, 1018–0022, ‘‘Federal
Fish and Wildlife Permit Applications
and Reports—Migratory Birds and
Eagles; 50 CFR 10, 13, 21, 22.’’ With this
submission to OMB, we are proposing to
reinstate OMB Control Number 1018–
0167, ‘‘Eagle Take Permits and Fees, 50
CFR 22.’’ Transferring the eagle
requirements back to its original
information collection will facilitate
easier management of the information
collection requirements associated with
eagles.
ePermits Initiative
The Service will request OMB
approval to automate certain migratory
bird permit forms. The Service’s new
‘‘ePermits’’ initiative is an automated
permit application system that will
allow the agency to move towards a
streamlined permitting process to
reduce public burden. Public burden
reduction is a priority for the Service;
the Assistant Secretary for Fish,
Wildlife, and Parks; and senior
leadership at the Department of the
Interior. The intent of the ePermits
initiative is to fully automate the
permitting process to improve the
customer experience and to reduce time
burden on respondents. This new
system will enhance the user experience
by allowing users to enter data from any
device that has internet access,
including personal computers (PCs),
tablets, and smartphones. It will also
link the permit applicant to the Pay.gov
system for payment of the associated
permit application fee.
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We anticipate including the following
Service forms in the ePermits system: 3–
186, 3–186A, 3–200–6 through 3–200–9,
3–200–10a through 3–200–10c, 3–200–
10e, 3–200–10f, 3–200–12 through 3–
200–13, 3–200–67, 3–200–79, 3–200–81,
3–202–1 through 3–202–10, 3–202–12,
and 3–202–17.
Falconry Program Requirements
Additionally, we propose to
incorporate the information collection
requirements associated with the
Service’s falconry program into this
collection (OMB Control No. 1018–
0022). Beginning in 2014, the Service
passed the authority to issue permits for
the practice of falconry to individual
States (50 CFR 21.29; 78 FR 72830,
December 4, 2013). As part of this
change in authority, we required States
to maintain databases of falconers
authorized to conduct falconry in their
States and required falconers to report
transfers of falconry birds using the
paper version of FWS Form 3–186A. We
require each State that maintains its
own database to ensure that it is
compatible with the Service’s database.
To date, 47 States utilize the system
provided by the Service. The Service’s
database continues to track take of birds
from the wild by falconers and to
maintain records of persons permitted
by the States to practice falconry, as
required by 50 CFR 21.29(k)(1).
The primary purpose of this database
is to allow the Service to track take of
raptors from the wild by falconers to
ensure take does not exceed levels
established in the Service’s 2008
environmental assessment of the
impacts of the falconry regulations on
wild raptor populations. The ability to
track and document the effects of the
wild take of raptors by falconers
remains a responsibility of the Service.
The database also: (1) Provides falconers
and States with the information
necessary to allow the efficient
movement of falconers and raptors held
under falconry permits among States;
and (2) ensures that falconers can
formally document their experience
regardless of the States in which they
have resided, which is required to
advance from the apprentice- to generalto master-class permit levels.
In 2018, the Service requested and
received OMB approval under the
Department of the Interior Fast Track
generic clearance (OMB Control No.
1090–0011) to conduct usability testing
of the revised/repaired application and
database functionality. The revised/
repairs falconry database (database)
replaced a legacy system based on
outdated programming. It reduced the
cost to the government by eliminating
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17:57 May 18, 2020
Jkt 250001
the need for Service personnel to enter
data for each new falconer, and simply
required the entry of data for State
administrators. In addition, this new
database enhances the user experience
by allowing them to enter data from any
device that has internet access,
including PCs, tablets, and smart
phones. The usability testing helped the
Service to address problems and
recommendations prior to the database
going live. We are now ready to request
full OMB approval of the falconry
database and the information collection
requirements associated with the
falconry program.
Title of Collection: Federal Fish and
Wildlife Permit Applications and
Reports—Migratory Birds; 50 CFR 10,
13, 21.
OMB Control Number: 1018–0022.
Form Number: FWS Forms 3–186, 3–
186A, 3–200–6 through 3–200–9, 3–
200–10a through 3–200–10c, 3–200–
10e, 3–200–10f, 3–200–12 through 3–
200–13, 3–200–67, 3–200–79, 3–200–81,
3–202–1 through 3–202–10, 3–202–12,
and 3–202–17.
Type of Review: Revision of an
existing information collection.
Respondents/Affected Public:
Individuals; zoological parks; museums;
universities; scientists; taxidermists;
businesses; utilities; and Federal, State,
local, and Tribal governments.
Total Estimated Number of Annual
Respondents: 27,980.
Total Estimated Number of Annual
Responses: 53,510.
Estimated Completion Time per
Response: Varies from 15 minutes to
260 hours, depending on activity.
Total Estimated Number of Annual
Burden Hours: 394,967.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion
for applications; annually or on
occasion for reports.
Total Estimated Annual Nonhour
Burden Cost: $491,050 (primarily
associated with application processing
fees).
An agency 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.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Dated: May 14, 2020.
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2020–10707 Filed 5–18–20; 8:45 am]
BILLING CODE 4333–15–P
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–IA–2020–N051;
FXIA16710900000–190–FF09A30000; OMB
Control Number 1018–0093]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Federal Fish and
Wildlife Permit Applications and
Reports—Management Authority
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act, we, the U.S.
Fish and Wildlife Service, are proposing
to renew an existing information
collection with revisions.
DATES: Interested persons are invited to
submit comments on or before June 18,
2020.
ADDRESSES: Send written comments on
this information collection request to
the Office of Management and Budget’s
Desk Officer for the Department of the
Interior by email at OIRA_Submission@
omb.eop.gov; or via facsimile to (202)
395–5806. Please provide a copy of your
comments to the Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, MS: PRB/PERMA
(JAO), 5275 Leesburg Pike, Falls
Church, VA 22041–3803 (mail); or by
email to Info_Coll@fws.gov. Please
reference OMB Control Number ‘‘1018–
0093’’ in the subject line of your
comments.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Madonna L. Baucum, Service
Information Collection Clearance
Officer, by email at Info_Coll@fws.gov,
or by telephone at (703) 358–2503. You
may also view the ICR at https://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C.
3501 et seq.), we, the U.S. Fish and
Wildlife Service (Service, we), are
proposing to renew an existing
information collection with revisions.
In accordance with the PRA, we
provide the general public and other
Federal agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
E:\FR\FM\19MYN1.SGM
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Agencies
[Federal Register Volume 85, Number 97 (Tuesday, May 19, 2020)]
[Notices]
[Pages 29963-29968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10707]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-MB-2020-N052; FF09M21200-190-FXMB1231099BPP0; OMB Control
Number 1018-0022]
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Federal Fish
and Wildlife Permit Applications and Reports--Migratory Birds
AGENCY: Fish and Wildlife Service, Interior.
[[Page 29964]]
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act, we, the U.S.
Fish and Wildlife Service, are proposing to renew an existing
information collection with revisions.
DATES: Interested persons are invited to submit comments on or before
June 18, 2020.
ADDRESSES: Send written comments on this information collection request
to the Office of Management and Budget's Desk Officer for the
Department of the Interior by email at [email protected]; or
via facsimile to (202) 395-5806. Please provide a copy of your comments
to the Service Information Collection Clearance Officer, U.S. Fish and
Wildlife Service, MS: PRB/PERMA (JAO), 5275 Leesburg Pike, Falls
Church, VA 22041-3803 (mail); or by email to [email protected]. Please
reference OMB Control Number ``1018-0022'' in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT: Madonna L. Baucum, Service Information
Collection Clearance Officer, by email at [email protected], or by
telephone at (703) 358-2503. Individuals who are hearing or speech
impaired may call the Federal Relay Service at 1-800-877-8339 for TTY
assistance. You may also view the ICR at https://www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995 (PRA, 44 U.S.C. 3501 et seq.), we, the U.S. Fish and
Wildlife Service (Service, we), are proposing to renew an existing
information collection with revisions.
In accordance with the PRA, we provide the general public and other
Federal agencies with an opportunity to comment on new, proposed,
revised, and continuing collections of information. This helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. It also helps the public
understand our information collection requirements and provide the
requested data in the desired format.
On October 28, 2019, we published in the Federal Register (84 FR
57746) a notice of our intent to request that OMB approve this
information collection. In that notice, we solicited comments for 60
days, ending on December 27, 2019. We received the following comments
in response to that notice:
Comment 1: Comment received via email on October 31, 2019:
The commenter states that the current application process is quite
cumbersome and archaic, and that annual reporting is difficult. The
commenter indicated they are reporting two different ways, using both
the online system and the Excel spreadsheet form. They asked if they
could capture all the reporting information through the online (IMR)
system only.
Agency Response to Comment 1: We talked with the company about the
duplicate reporting they appeared to be doing. We clarified that they
should not be required to submit the information twice in two different
forms, and made sure they would only be using the online system in the
future. We also corrected an issue in the online system that was
showing them an extended version of the form with additional fields
they weren't required to fill out.
Comment 2: Comment received via mail on December 30, 2019:
The commenter indicated that it is sometimes difficult for someone
to know if a permit is needed, and that finding, reading, and
understanding the application of the regulations requires a degree of
expertise. They suggest a decision key, or a similar tool within an
online system to help determine the type of permit needed. They also
mentioned some confusion concerning the words ``scientific collecting''
and what exactly that means. They suggested some revisions to the
Migratory Bird and Eagle Scientific Collecting (3-200-7) and Eagle
Exhibition (3-200-14) application forms to help clarify some potential
perceived overlap between and to help avoid confusion in the future.
With respect to 3-200-7, they pointed out that one region is requiring
a museum to obtain a scientific collecting permit in order to receive a
bald eagle carcass from the Service, rather than obtaining it under the
museum's ``Federal Eagle Exhibition'' permit. They indicate this should
not be the case, and suggest clarifications to the application form are
needed so it's clear what permits should be issued and for what permit.
Agency Response to Comment 2: In response to the comment about
information being difficult to find and confusion about what permit to
get, we are continuously working to improve our websites and forms to
make it easier for the public to find information. For instance, we've
recently co-located all of our forms on our Migratory Bird web page at:
https://www.fws.gov/birds/policies-and-regulations/permits/need-a-permit.php and provided links to instructions and FAQs directly in the
application and report forms. As we continue to work to modernize the
way we collect and deliver information, this should alleviate some, if
not all the current difficulties in locating documents and information.
Responses to comments with regard to Form 3-200-14 are addressed in
the information collection package for OMB Control Number 1018-0167.
With regard to the comment concerning overlap between the authority
of Forms 3-200-14 and 3-200-7, there is no overlap between the types of
activities that are authorized under these two permits. A scientific
collecting permit is required to collect/salvage migratory birds and
eagles from the wild. Acquisitions and transfers of eagle remains
already in the possession of the Service or a permittee do not require
a scientific collecting permit. An eagle exhibition permit (which is
applied for using form 3-200-14), would be required to display eagle
remains for educational use; and the specimen can be acquired and
transferred from the Service to the museum once the specimen has been
added to the list of specimens covered under that permit (which can be
done via an amendment if that specimen was not on the original
application). We believe the application forms and associated FAQs are
pretty clear on the purpose of these two permits, but have made some
minor clarifications to the Scientific Collecting application form and
FAQ that may help clarify some of the concerns and confusion that have
been raised by this comment. If a regional permit office is requiring a
Scientific Collection permit to obtain a Bald Eagle from the Service,
then the region may be in error, and you should contact your Regional
Migratory Bird Permit Office to discuss this further and correct the
error, if appropriate.
Falconry Database Comments--Additionally, on August 13, 2019, we
published in the Federal Register (84 FR 40086) a notice of our intent
to request that OMB approve the information collection requirements
associated with the falconry database. In that notice, we solicited
comments for 60 days, ending on October 15, 2019. Subsequently, the
Service decided to incorporate those requirements into this collection
as a revision, rather than request OMB approval of a new collection,
because falconry activities are permitted under regulations
implementing the MBTA. We reviewed and considered all comments received
in response to that notice as part of this revision to OMB Control No.
1018-0022. We fully considered all substantive comments we received.
Below, we have grouped our responses to comments by issue rather than
by
[[Page 29965]]
individual commenter. This avoids repetition in our responses, and
benefits commenters, who will be interested in seeing other commenters'
views on topics of interest, along with our responses.
We received the following comments in response to the falconry
database notice:
Comment 1: Comment received via email on August 13, 2019: The
commenter is not in favor of the information collecting being used for
law enforcement purposes. They believe that if a falconer has a
falconry license and the raptor is reported into the appropriate
database, law enforcement authority ends at that point, and the
authority of FWS to gather raptor harvest information ends once a WILD
raptor has been legally taken and reported. They believe that if
falconers wish to transfer a wild taken raptor to other properly
licensed individuals, this is beyond the scope of MBTA authority. In
addition, they believe the progeny of domestic bred raptors--whether
pure species/subspecies or hybrids--is beyond the scope of the MBTA
especially since the 2004 MBTA Revision excluded non-naturally
occurring birds.
Agency Response to Comment 1: Wildlife law enforcement actions
related to falconry remains important to maintain compliance with state
rules and regulations regarding species of take, bird transfers and
humane treatment of Falconry birds.
Comment 2: Comment received via email on August 28, 2019: In
California the state bears the burden of collecting falconry data and
reporting it to the USFWS.
Comment 3: Comment received via email on August 22, 2019: The state
agencies could execute an annual bulk upload of all take reports to the
federal system.
Agency Response to Comments 2 and 3: California has authority to
collect falconry information on their own database. This collection
system was approved by the Service, as it mirrors the federal 3-186 A
database used by all other States. Falconry data from California have
been regularly transferred to the Service to aid in review of take of
falconry species and subsequent impact to wild raptor populations
across State lines. All other States have decided to use the Federal 3-
186A database for collection of falconry information.
Comment 4: Comment received via email on August 28, 2019: The
commenter indicates that since domestically bred raptors are not wild,
some of them not having seen the wild for generations, the information
about them should be outside the scope of the USFWS. They believe this
reporting requirement is redundant, burdensome and does not improve
management of wild raptors.
Comment 5: Comment received via email on October 14, 2019: The
commenter states the Service should only track raptors taken from the
wild. They state that captive-bred raptors and hybrids of exotic
crosses are no longer migratory birds due to their origin, that the
Services classification of them is in error, and creates unnecessary
burden.
Comment 6: Comment received via email on August 28, 2019:
Collecting information about domestically bred and kept raptors should
not be in the scope of the system.
Agency Response to Comments 4, 5 and 6: Federal and State
regulations governing falconry and raptors removed from the wild
consider all falconry birds ``wild'' regardless of the length of time
in captivity or if it has been transferred to another permittee or
permit type. Domestically bred raptors were from wild lineage at some
point, and are for the most part, similar in appearance and behavior to
wild-caught birds. Information collected on these birds assists State
and Federal agencies with compliance of rules and regulations, as
codified by the Migratory Bird Treaty Act, which prohibits any person
from taking, possessing, purchasing, bartering, selling or offering to
purchase, barter, or sell, among other things, raptors (birds of prey)
protected by the Act, unless the activities are allowed by Federal
permit.
Comment 7: Comment received via email on October 14, 2019: The
commenter asked why, since the Service did away with the Federal
Falconry Permit in 2014, it is still requiring the States to
administer/maintain databases of Falconers. They comment that the new
database does not enhance the user experience due to its complexity and
the fact you must have internet to access it.
Agency Response to Comment 7: The latest revision of the 3-186A
database has been used by State and Federal agencies to compile
information regarding wild and captive bred raptors for the sport of
falconry. State agencies provide falconers guidance to comply with
their regulations; a part of this is to maintain current information on
falconry take and disposition of falconry birds. While the new 3-186A
database is internet based, some States have allowed paper forms to be
submitted to falconry administrators when the internet is unavailable
to the falconer. The decision to use paper forms, or other forms of
data entry has been left to the States. However, due to staffing
issues, some States that currently allow paper forms are transitioning
to an online data entry system. If a State choses to allow the use of
paper forms, the State assumes the responsibility for entering the
required information into the 3-186A database system.
Comment 8: Comment received via email on October 14, 2019: The
commenter suggests that the Service's overregulation of Falconry is
discriminatory towards a tiny minority of sportsmen and sportswomen and
they should expend their resources and efforts in data collection
instead toward things like identification and regulation/registration
of the owners of military assault weapons.
Agency Response to Comment 8: Thank you for your comment. Your
response is helpful and will be part of the public record.
Comment 9: Comment received via email on August 16, 2019: The
commenter states that there are less than 200 falconers in the United
States and asked why tax payers are paying to support such a small
group. They state it's a waste of taxpayer dollars, and think the
program should be shut down.
Agency Response to Comment 9: Thank you for your comment. Your
response is helpful and will be part of the public record.
Comment 10: Comment received via email on August 21, 2019: The
commenter is a user of the online system. The commenter says the system
is not user friendly. Specific complaints are missing dispositions and
the random ability to view other Permittee's dispositions.
Comment 11: Comment received via email on October 15, 2019: The
commenter has used both the original and new database, and finds the
newer much more confusing and time consuming. They think the new system
should look and work more like the old system. They also state they've
lost records because the state has edited or removed them. They state
there's no reason for a state to go in and edit a falconer's form. They
said it's become a nightmare to use and maintain and get original
records back in place within the system. They suggest what the system
generates needs to be a standard looking 3-186 that a state cannot
remove or edit once a registered falconer records the info in the
system.
Comment 12: Comment received via postal mail on October 15, 2019:
The commenter finds the online system unnecessarily cumbersome, tedious
and error prone. They suggest form-based, rather than field-based data
entry
[[Page 29966]]
validation, which they feel would greatly simplify the data-entry
process.
Also, they comment that the burden estimates state that 2.5 hours
to complete the form. In their experience it takes approximately 30
minutes to complete a 3-186A online. However, they believe this time
could be and should be reduced to approximately 10 minutes with proper
website design including the use of form-based rather than field-based
data entry validation.
Comment 13: Comment received via postal mail on September 17, 2019:
The commenter states that the Service could enhance the utility of the
information and minimize the burden of the collection of information
upon the respondents if the application was made more user friendly.
Agency Response to Comments 10-13: In the quest to get the database
functioning again quickly, we had to adhere to recent changes in
Federal computer standards. We agree the accurate data entry for most
acquisition and transfers should take 10 to 30 minutes, depending on
the situation and details related to the falconry bird. At this time
due to federal database standards and platform specific code, as well
as resources available to us, we cannot change the 3-186A database
online appearance to mimic the paper format.
Comment 14: Comment received via postal mail on August 22, 2019:
The commenter asks if the database is necessary. The commenter suggests
that in collaboration with the States, the Service should be monitoring
falconry take to ensure that take does not exceed 5% as recommended by
the USFWS in Millsap and Allen 2006.
Agency Response to Comment 14: The 3-186A database is the mechanism
that the Service established to accomplish that exact task, to track
the number of raptors removed from the wild annually by falconers to
ensure compliance with the take limits established in the 2008
environmental assessment. The current framework, where permitting
authority is delegated to the States, hinges on the ability for take to
be tracked nationally via the 3-186A database. In addition, the 3-186A
database provides information within and across State boundaries to
allow State and Federal wildlife officials for periodic review of take
of raptors used for falconry, and to be cognizant of potential impacts
to wild raptors where species issues have been suggested or documented
by credible data, and/or independent, peer reviewed research.
Comment 15: Comment received via postal mail on August 22, 2019:
The commenter asks if the information in the database will be processed
and used in a timely manner. After talking with some agency biologists,
it sounds to them that there is essentially zero capacity at the state
level to monitoring these databases for accuracy, compliance, or take
levels among other reasons. So, they feel that the existence of the
system itself is possibly unjustified. They state that since falconers
are already submitting annual reports to their state F&W agency every
year, they are, in effect, submitting duplicate records for no reason.
Comment 16: Comment received via postal mail on August 22, 2019:
The commenter suggests that to enhance the quality, utility, and
clarity of the information to be collected, the system should replace
annual reporting at the state level and should be highly user-friendly.
They state that due to the dysfunction of the last system, a lot of
people were just submitting paper copies anyway to their state falconry
staff person. They suggest the Service improve the system to provide
the state agency with the necessary information while maintaining a
safe and accurate database of record submissions for each permittee.
Comment 17: Comment received via postal mail on August 22, 2019:
The commenter states that the Service can minimize the burden of this
collection on the respondents by advising states that annual report
requirements are being met by the database reporting system and are
thus unnecessary.
Comment 18: Comment received via postal mail on August 22, 2019:
The commenter states that the process can be streamlined by elimination
of reporting by falconers because it is redundant for both falconers
and state wildlife agencies to report the same information.
Agency Response to Comment 15-18: State biologists, in concert with
biologists and computer specialists from the Service's Division of
Migratory Birds, regularly look at data provided by falconers. When
questions of accuracy, compliance or take levels are derived from
information supplied by falconers, state falconry administrators reach
out to falconers to maintain quality assurance. In response to
questionable information, state administrators may reach out to their
Wildlife Law Enforcement branch for potential follow-up with the
falconer. Data submission on the 3-186A database, as well as via
additional annual reporting has been considered standard practice by
some states. If falconers perceive an issue with the system recognizing
other permit types, they should interact with their state falconry
administrator, as states vary in their insistence of other permit types
being reported via the 3-186A database. Reporting requirements may
vary, as each state may do what they deem appropriate for record
keeping as long as those standards are within the sideboards of Federal
Falconry regulations (50 CFR 21.29)
Comment 19: Comment received via postal mail on August 22, 2019:
The commenter suggests the database be made to allow transfer and
acquisitions between all possible legal permit types. They suggest
making sure the database serves the permittee by saving all submissions
and allowing the permittee to search and print all past submissions
easily.
They also suggest linking the transfers, so that when one permittee
fills out a transfer on the database, it will prompt that other
involved permittee by email.
Comment 20: Comment received via postal mail on August 31, 2019:
The commenter says the database needs a complete re-write. They state
that signing in is nearly impossible, and the PDF forms are difficult
to use, and often deletes their information as they are typing it. They
suggest there should be a PDF 'send/save' mode where we send the PDF as
an attachment, and a confirmation number/email for their records that
we note the data sent on our records. They also suggest a comments
section on the form is needed, and a description of the bird if it has
unusual markings, etc. They state it should be easily used with any
browser type.
Agency Response to Comment 19-20: Your comments are helpful as the
Service and States look to improve the 3-186A database and falconry
record keeping. If falconers perceive an issue with the system for
access, recognizing or saving data, they should interact with their
state falconry administrator, as states vary in their insistence of
other permit types being reported via the 3-186A database. Reporting
requirements may vary, as each state may do what they deem appropriate
for record keeping as long as those standards are within the sideboards
of Federal Falconry regulations (50 CFR 21.29).
Comment 21: Comment received via postal mail on August 22, 2019:
The commenter suggests increasing the length of time a permittee has to
report a transfer or acquisition to make it less likely that violations
are a matter of plain forgetting.
Agency Response to Comment 21: Current timelines by Federal and
State regulations are 10 days for the length of time necessary to
report an acquisition or transfer. This requirement may vary
[[Page 29967]]
to be more restrictive, as each State may do what they deem appropriate
for record keeping as long as those standards are within the sideboards
of Federal Falconry regulations (50 CFR 21.29).
Comment 22: Comment received via postal mail on October 15, 2019:
The commenter is confused by some statements in the posting. The
posting indicated that the service anticipated about 40 annual
respondents. They state that since the 3-186A form is required for
every raptor taken, release or transferred, and nearly 700 birds are
taken annually, we would expect closer to 1,000 3-186A forms to be
submitted every year.
Agency Response to Comment 22: We admit the error of the Service
statement in the Federal Register notice and thank the commenter for
pointing this out. In review of our statements, the Service was
indicating the time expected to be interacting with all State falconry
administrators regarding the 3-186A database. The commenter is correct
on the approximate time necessary for falconers across the United
States to provide their pertinent data under their permit to the states
via the 3-186A database.
Comment 23: Comment received via postal mail on September 17, 2019:
The commenter supports the collection of data regarding acquisition and
dispositions of wild raptors used in falconry. They state that while
the Environmental Assessment by Millsap, et al. found that falconry
take of raptors has no impact on raptor populations, they acknowledge
that comprehensive collection of this information on a nation-wide
basis may be of value to biologists and historians. They state that
collection of such data should also support the following functions:
enforcing federal wildlife laws, protecting endangered species and
managing migratory birds.
Agency Response to Comment 23: We appreciate the commenter's
perspective. The 3-186A database provides information within and across
State boundaries to allow State and Federal wildlife officials for
periodic review of take of raptors used for falconry, and to be
cognizant of potential impacts to wild raptors where species issues
have been suggested or documented by credible data, and/or independent,
peer reviewed research.
As part of our continuing effort to reduce paperwork and respondent
burdens, we are again soliciting comments from the public and other
Federal agencies on the proposed ICR that is described below. We are
especially interested in public comment addressing the following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. Before including your address, phone number, email
address, or other personal identifying information in your comment, you
should be aware that your that your entire comment--including your
personal identifying information--may be 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.
Abstract: Our Regional Migratory Bird Permit Offices use
information that we collect on permit applications to determine the
eligibility of applicants for permits requested in accordance with the
criteria in various Federal wildlife conservation laws and
international treaties, including:
(1) Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).
(2) Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371 et seq.).
(3) Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.).
Service regulations implementing these statutes and treaties are in
chapter I, subchapter B of title 50 of the Code of Federal Regulations
(CFR). These regulations stipulate general and specific requirements
that, when met, allow us to issue permits to authorize activities that
are otherwise prohibited.
With the exception of Forms 3-186 and 3-186a, all Service permit
applications are in the 3-200 and 3-202 series of forms, each tailored
to a specific activity based on the requirements for specific types of
permits. For this revision, we combined Forms 3-200-10c and 3-200-10d
into one form (3-200-10c) to reduce the number of application forms and
help streamline the application process. Since both forms dealt with
possession for education purposes, and asked virtually the same
questions of the applicant, there was no need to have separate forms.
We collect standard identifier information for all permits. The
information that we collect on applications and reports is the minimum
necessary for us to determine if the applicant meets/continues to meet
issuance requirements for the particular activity.
Proposed Revisions to This Information Collection
With this submission, we are proposing the following revisions to
the existing information collection:
Transfer of Eagle Requirements to OMB Control No. 1018-0167
Information collection requirements associated with the Federal
fish and wildlife permit applications and reports for both migratory
birds and eagles are currently approved under a single OMB control
number, 1018-0022, ``Federal Fish and Wildlife Permit Applications and
Reports--Migratory Birds and Eagles; 50 CFR 10, 13, 21, 22.'' With this
submission to OMB, we are proposing to reinstate OMB Control Number
1018-0167, ``Eagle Take Permits and Fees, 50 CFR 22.'' Transferring the
eagle requirements back to its original information collection will
facilitate easier management of the information collection requirements
associated with eagles.
ePermits Initiative
The Service will request OMB approval to automate certain migratory
bird permit forms. The Service's new ``ePermits'' initiative is an
automated permit application system that will allow the agency to move
towards a streamlined permitting process to reduce public burden.
Public burden reduction is a priority for the Service; the Assistant
Secretary for Fish, Wildlife, and Parks; and senior leadership at the
Department of the Interior. The intent of the ePermits initiative is to
fully automate the permitting process to improve the customer
experience and to reduce time burden on respondents. This new system
will enhance the user experience by allowing users to enter data from
any device that has internet access, including personal computers
(PCs), tablets, and smartphones. It will also link the permit applicant
to the Pay.gov system for payment of the associated permit application
fee.
[[Page 29968]]
We anticipate including the following Service forms in the ePermits
system: 3-186, 3-186A, 3-200-6 through 3-200-9, 3-200-10a through 3-
200-10c, 3-200-10e, 3-200-10f, 3-200-12 through 3-200-13, 3-200-67, 3-
200-79, 3-200-81, 3-202-1 through 3-202-10, 3-202-12, and 3-202-17.
Falconry Program Requirements
Additionally, we propose to incorporate the information collection
requirements associated with the Service's falconry program into this
collection (OMB Control No. 1018-0022). Beginning in 2014, the Service
passed the authority to issue permits for the practice of falconry to
individual States (50 CFR 21.29; 78 FR 72830, December 4, 2013). As
part of this change in authority, we required States to maintain
databases of falconers authorized to conduct falconry in their States
and required falconers to report transfers of falconry birds using the
paper version of FWS Form 3-186A. We require each State that maintains
its own database to ensure that it is compatible with the Service's
database. To date, 47 States utilize the system provided by the
Service. The Service's database continues to track take of birds from
the wild by falconers and to maintain records of persons permitted by
the States to practice falconry, as required by 50 CFR 21.29(k)(1).
The primary purpose of this database is to allow the Service to
track take of raptors from the wild by falconers to ensure take does
not exceed levels established in the Service's 2008 environmental
assessment of the impacts of the falconry regulations on wild raptor
populations. The ability to track and document the effects of the wild
take of raptors by falconers remains a responsibility of the Service.
The database also: (1) Provides falconers and States with the
information necessary to allow the efficient movement of falconers and
raptors held under falconry permits among States; and (2) ensures that
falconers can formally document their experience regardless of the
States in which they have resided, which is required to advance from
the apprentice- to general- to master-class permit levels.
In 2018, the Service requested and received OMB approval under the
Department of the Interior Fast Track generic clearance (OMB Control
No. 1090-0011) to conduct usability testing of the revised/repaired
application and database functionality. The revised/repairs falconry
database (database) replaced a legacy system based on outdated
programming. It reduced the cost to the government by eliminating the
need for Service personnel to enter data for each new falconer, and
simply required the entry of data for State administrators. In
addition, this new database enhances the user experience by allowing
them to enter data from any device that has internet access, including
PCs, tablets, and smart phones. The usability testing helped the
Service to address problems and recommendations prior to the database
going live. We are now ready to request full OMB approval of the
falconry database and the information collection requirements
associated with the falconry program.
Title of Collection: Federal Fish and Wildlife Permit Applications
and Reports--Migratory Birds; 50 CFR 10, 13, 21.
OMB Control Number: 1018-0022.
Form Number: FWS Forms 3-186, 3-186A, 3-200-6 through 3-200-9, 3-
200-10a through 3-200-10c, 3-200-10e, 3-200-10f, 3-200-12 through 3-
200-13, 3-200-67, 3-200-79, 3-200-81, 3-202-1 through 3-202-10, 3-202-
12, and 3-202-17.
Type of Review: Revision of an existing information collection.
Respondents/Affected Public: Individuals; zoological parks;
museums; universities; scientists; taxidermists; businesses; utilities;
and Federal, State, local, and Tribal governments.
Total Estimated Number of Annual Respondents: 27,980.
Total Estimated Number of Annual Responses: 53,510.
Estimated Completion Time per Response: Varies from 15 minutes to
260 hours, depending on activity.
Total Estimated Number of Annual Burden Hours: 394,967.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion for applications; annually or
on occasion for reports.
Total Estimated Annual Nonhour Burden Cost: $491,050 (primarily
associated with application processing fees).
An agency 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.
The authority for this action is the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Dated: May 14, 2020.
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2020-10707 Filed 5-18-20; 8:45 am]
BILLING CODE 4333-15-P