Permits for Incidental Taking of Endangered or Threatened Species

Forms and Documents

Document Name	Status
0230 revision_extension Supporting Statement 052918_revised 101118.docx Supporting Statement A	2018-10-11
0230 30day FRN pub 053118_24977.pdf Supplementary Document	2018-05-31
0230 60d FRN pub 022718_8436.pdf Supplementary Document	2018-05-29

IC Document Collections

IC ID	Document Title	Status
4145	Permit Applications Instruction	Unchanged
186210	Transfer of incidental take permits Instruction	Removed
186209	Permit Reports Instruction	Unchanged

ICR Details

OMB Control No: 0648-0230	ICR Reference No: 201806-0648-002
Status: Active	Previous ICR Reference No: 201805-0648-010
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Permits for Incidental Taking of Endangered or Threatened Species
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 10/11/2018
	Date Received in OIRA: 06/05/2018
Terms of Clearance: The agency must submit an ICR revision request to add a Watershed Plan and/or a Transfer of Permits option if either of these additional information collections becomes necessary during the timeframe for which this information collection is approved.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2021	36 Months From Approved	10/31/2018
Responses	33	0	15
Time Burden (Hours)	768	0	394
Cost Burden (Dollars)	990	0	450

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Abstract: The Endangered Species Act (ESA) prohibits the taking of endangered species. Section 10 of the ESA allows for certain exceptions to the prohibitions, such as taking that is incidental to an otherwise lawful activity. The corresponding regulations provide application and reporting requirements for such exceptions. The required information is used to evaluate the proposed activity (application) and ongoing activities (reports) and is necessary for NMFS to ensure the conservation of the species under the ESA.

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Authorizing Statute(s): US Code: 16 USC 1531 et seq. Name of Law: Endangerd Species Act of 1973
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 8436	02/27/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 24977	05/31/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Permit Applications
Permit Reports
Transfer of incidental take permits

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	33	15	0	0	18	0
Annual Time Burden (Hours)	768	394	0	0	374	0
Annual Cost Burden (Dollars)	990	450	0	0	540	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Adjustments: We are anticipating an increase in applications, as the Clean Water Act (CWA) Sections 316(a) and (b) would necessitate sampling plans related to impacts of such environmental changes as power plants, of which there is an increasing number: Section 316(a) allows for a variance from applicable thermal limitations to surface water if the permittee can demonstrate that the balanced indigenous community of aquatic organisms is protected and maintained. Section 316(b) requires the determination of whether the withdrawal of cooling water causes or has the potential to cause adverse environmental impacts on aquatic populations and communities. Thus, we would expect an increase from 12 to 22 applications over a three-year period (annualized, from 4 to 7, annualized burden from 320 to 560, and a corresponding increase in annual reports. We are not including burden for permit transfers as there have been none for several years. This removes two responses, two hours and $60 in recordkeeping/reporting costs.

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Annual Cost to Federal Government: $24,600

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/05/2018

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