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OMB Control No: 0648-0230	ICR Reference No: 202409-0648-015
Status: Received in OIRA	Previous ICR Reference No: 202108-0648-008
Agency/Subagency: DOC/NOAA	Agency Tracking No:
Title: Permits for Incidental Taking of Endangered or Threatened Species
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: 10/03/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2025
Responses	35	33
Time Burden (Hours)	427	408
Cost Burden (Dollars)	0	990

Abstract: This request is for an extension of a current information collection. The Endangered Species Act of 1973 (ESA; 16 U.S.C. 1531 et. seq.) imposed prohibitions against the taking of endangered species. In 1982, Congress revised the ESA to allow permits authorizing the taking of endangered species incidental to otherwise lawful activities. The corresponding regulations (50 CFR part 222) established procedures for persons to apply for such a permit. In addition, the regulations set forth specific reporting requirements for such permit holders. The regulations contain three sets of information collections: (l) applications for incidental take permits, (2) applications for certificates of inclusion, and (3) reporting requirements for permits issued. Certificates of inclusion are only required if a general permit is issued to a representative of a group of potential permit applicants, rather than requiring each entity to apply for and receive a permit. The required information is used to evaluate the impacts of the proposed activity on endangered species, to make the determinations required by the ESA prior to issuing a permit, and to establish appropriate permit conditions. When a species is listed as threatened, section 4(d) of the ESA requires the Secretary to issue whatever regulations are deemed necessary or advisable to provide for conservation of the species. In many cases those regulations contain a blanket application of the ESA’s section 9 take prohibition. However, the National Marine Fisheries Service (NMFS) recognizes certain exceptions to that prohibition, including habitat restoration actions taken in accord with approved state watershed action plans. While watershed plans are prepared for other purposes in coordination with or fulfillment of various state programs, a watershed group wishing to take advantage of the exception for restoration activities (rather than obtaining a section 10 permit) would have to submit the plan for NMFS review.

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

Citations for New Statutory Requirements: None

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

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 48398	06/06/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 80541	10/03/2024
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	35	33	2
Annual Time Burden (Hours)	427	408	19
Annual Cost Burden (Dollars)	0	990	-990

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: There are anticipated increases in the volume of permit applications due to several factors: Increased Non-Compliance Cases: More state fisheries are receiving Notices of Intent (NOIs) due to non-compliance with the Endangered Species Act (ESA). As a result, these states are required to apply for Incidental Take Permits, leading to a higher number of permit applications. Growth in Survey Projects: There has been a rise in survey projects related to Offshore Wind (OSW) development. These projects require permits, contributing to the increased application volume. Increased Permit Transfers: Although transfer requests have not been prevalent in the past, we expect to see more requests as the number of issued permits rises. These permits typically have long durations, leading to an increased likelihood of permit transfers over time. These factors are expected to impact the number of applicants seeking permits, though the information collection process itself remains unchanged.

Annual Cost to Federal Government: $30,999

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? No

Agency Contact: Celeste Stout 301 247-8436

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