Submission of Conservation Efforts to Make Listings Unnecessary under the Endangered Species Act

Forms and Documents

Document Name	Status
0648-0466 30-Day 90 FR 10888 2025-0228.pdf Supplementary Document	2025-02-28
0648-0466 Supporting Statment A.docx Supporting Statement A	2025-02-07
The Freedom of Information Act, 5 U.S.C. § 552.pdf Supplementary Document	2025-02-03
Section 515 of Public Law 106-554.pdf Supplementary Document	2025-02-03
Endangered Species Act (ESA).pdf Supplementary Document	2025-02-03
0648-0466 60-Day 89 FR 79528 2024-0930.pdf Supplementary Document	2025-02-03
68 FR 15100.pdf Supplementary Document	2025-02-03

IC Document Collections

IC ID	Document Title	Status
4558	Developing Agreement Instruction	Modified
187429	Report Preparation Instruction	Modified
187428	Monitoring Instruction	Modified

ICR Details

OMB Control No: 0648-0466	ICR Reference No: 202502-0648-001
Status: Received in OIRA	Previous ICR Reference No: 202112-0648-004
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Submission of Conservation Efforts to Make Listings Unnecessary under the Endangered Species Act
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/28/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2025
Responses	3	3
Time Burden (Hours)	2,900	2,900
Cost Burden (Dollars)	100	100

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Abstract: This request is for extension of a current information collection under the Policy for Evaluation of Conservation Efforts When Making Listing Decisions (PECE), which was finalized jointly by the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) in 2003 (see 68 FR 15100, March 28, 2003). There are no changes or revisions to this collection request. The Endangered Species Act of 1973, as amended (ESA) (16 U.S.C. 1531 et seq.), specifies the process by which NMFS and FWS (the Services) can list species as threatened or endangered. When considering whether to list a species, the ESA requires the Services to take into account “those efforts, if any, being made by any State . . . or any political subdivision of a State . . . to protect such species.” Conservation efforts are often formalized in conservation agreements, conservation plans, management plans, or other similar documents and are often developed with the specific intent of making the listing of species as threatened or endangered unnecessary. Sometimes these agreements or plans have yet to be implemented or demonstrate their effectiveness at the time the Services must make a listing decision. In such instances, the Services use the criteria identified in the PECE to evaluate the conservation efforts. The development of such an agreement or plan that has the specific intention of making listing unnecessary constitutes a new information collection. One of the criteria identified in PECE is that such agreements and plans contain a provision for monitoring and reporting the progress and results of implementation of conservation efforts. This criterion also constitutes a new information collection, in addition to the agreement.

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Authorizing Statute(s): US Code: 16 USC 1531 et seq. Name of Law: Endangered 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:
	89 FR 79528	09/30/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 10888	02/28/2025
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Developing Agreement
Monitoring
Report Preparation

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ICR Summary of Burden

	Total Request	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	3	3	0	0	0	0
Annual Time Burden (Hours)	2,900	2,900	0	0	0	0
Annual Cost Burden (Dollars)	100	100	0	0	0	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:

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Annual Cost to Federal Government: $10,635

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.     No

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.     No

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? No

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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: 02/28/2025

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