83 FR 59406 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Policy for Evaluation of Conservation Efforts When Making Listing Decisions (PECE)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 83, Issue 226 (November 23, 2018)

In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service, are proposing to renew an information collection with revisions.

[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Notices]
[Pages 59406-59408]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25454]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-ES-2018-N145; MO# 300030113; OMB Control Number 1018-0119]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Policy for 
Evaluation of Conservation Efforts When Making Listing Decisions (PECE)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the U.S. Fish and Wildlife Service, are proposing to renew an 
information collection with revisions.

DATES: Interested persons are invited to submit comments on or before 
December 24, 2018.

ADDRESSES: Send written comments on this information collection request 
(ICR) 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: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-
3803 (mail); or by email to [email protected]. Please reference OMB 
Control Number 1018-0119 in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Madonna L. Baucum, Service Information 
Collection Clearance Officer, by email at [email protected], or by 
telephone at (703) 358-2503. You may also view the ICR at http://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, 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.
    A Federal Register notice with a 60-day public comment period 
soliciting comments on this collection of information was published on 
February 28, 2018 (83 FR 8698). The following comments were received:
    Comment 1: Letter dated April 30, 2018, from Myles P. Culhane, 
Assistant General Counsel, Occidental Petroleum Corporation. Received 
via email on April 30, 2018.
    Occidental Petroleum Corporation provided comments on whether PECE 
is necessary to the proper functions of the Service, whether we will 
use the information in a timely manner, and how to enhance the 
information being collected. They stated that PECE is very important to 
encourage voluntary conservation efforts prior to listing decisions 
such that listing may not be necessary. They offered three suggestions 
to improve information collection in the context of specific listing 
decisions:
    (1) Ensure that we are collecting the right types of information by 
considering what will be useful in predicting future conservation 
actions and results, and articulating the factors we think will inform 
such predictions,
    (2) Ensure that we have the ability to update our listing decisions 
up until the last minute regarding current information about 
conservation efforts, and
    (3) Ensure that PECE analyses are cumulative and include all 
qualifying conservation efforts together rather than in isolation.
    FWS Response to Comment 1: The Service appreciates this comment and 
does consider the best available scientific and commercial information 
received through the public comment period, information solicitation, 
or other means related to conservation efforts when making listing 
determinations. The Service maintains that in every proposed or final 
listing decision, we articulate the species' needs, the threats to the 
species and its response to those threats, and any actions that may 
ameliorate or exacerbate those threats. Each particular situation is 
unique, but in the Service's final PECE, we articulated the non-
exhaustive list of criteria that we would use to evaluate each 
conservation effort that did not have a track record of implementation 
or effectiveness. The Service is required to consider best available 
scientific and commercial information in making listing decisions, 
including information on conservation efforts that do not have a track 
record of implementation or effectiveness. The Service evaluates the 
certainty of implementation and effectiveness by considering the 
criteria in the PECE, and those efforts that meet the PECE standard of 
sufficiently certain to be implemented and effective are then evaluated 
in the status assessment for the species. The Service understands that 
stakeholders want a transparent and flexible process, and the Service 
is open to communication and collaboration with these stakeholders 
which will encourage conservation of species.
    Comment 2: Letter dated April 27, 2018, from Steve Wright, General 
Manager, Public Utility District No. 1 of Chelan County, WA. Received 
via email on May, 7, 2018.
    Chelan Public Utility District No. 1 commented that it finds PECE 
useful because it encourages aggregation of information about 
conservation efforts, which can provide notice to permit applicants and 
other entities possibly affected by a listing, both of the listing and 
the efforts. It can also encourage entities to participate in 
conservation efforts, which can be meaningful for species. It finds 
that encouraging conservation efforts is consistent with the ESA and 
benefits species.
    FWS Response to Comment 2: The Service appreciates the District's 
comments about the utility and benefits of PECE.
    We are again soliciting comments on the proposed ICR that is 
described below. We are especially interested in public comment 
addressing the following issues: (1) Is the collection necessary to the 
proper functions of the Service; (2) will this information be processed 
and used in a timely manner; (3) is the estimate of burden accurate; 
(4) how might the Service enhance the quality, utility, and clarity of 
the

[[Page 59407]]

information to be collected; and (5) how might the Service minimize the 
burden of this collection on the respondents, including through the use 
of information technology.
    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 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: Section 4 of the Endangered Species Act (ESA; 16 U.S.C. 
1531 et seq.) outlines the process by which we can list a species as a 
threatened species or an endangered species. When we consider whether 
to list a species, the ESA requires us to take into account the efforts 
made by any State or any political subdivision of a State to protect 
such species. We also take into account the efforts made by other 
entities. States or other entities often formalize conservation efforts 
in conservation agreements, conservation plans, management plans, or 
similar documents. The conservation efforts recommended or described in 
such documents could prevent some species from becoming so imperiled 
that they meet the definition of a threatened species or an endangered 
species under the ESA.
    The Policy for Evaluation of Conservation Efforts When Making 
Listing Decisions (PECE) (68 FR 15100, March 28, 2003) encourages the 
development of conservation agreements or plans and provides certainty 
about the standard that an individual conservation effort must meet in 
order for us to consider whether it is likely to make a difference in a 
species' status. PECE applies to ``formalized conservation efforts'' 
that have not been implemented or have been implemented but have not 
yet demonstrated if they are effective at the time of a listing 
decision.
    Under PECE, formalized conservation efforts are defined as 
conservation efforts (specific actions, activities, or programs 
designed to eliminate or reduce threats or otherwise improve the status 
of a species) identified in a conservation agreement, conservation 
plan, management plan, or similar document. To assist us in evaluating 
a formalized conservation effort under PECE, we collect information 
such as conservation plans, monitoring results, and progress reports. 
The development of any agreement or plan is voluntary. There is no 
requirement that the individual conservation efforts included in such 
documents be designed to meet the standard in PECE. The PECE policy is 
posted on our Candidate Conservation website at http://www.fws.gov/endangered/esa-library/pdf/PECE-final.pdf.
    We are not reporting an increase in burden with this renewal, 
although we revised the collection to include burden for individuals, 
businesses, and not-for-profit organizations who may develop 
agreements/plans or may agree to implement certain conservation efforts 
identified in a State agreement or plan. Previously, we reported all 
burden estimates as government, although it was possible to receive 
submissions from individuals and private sector respondents. This 
submission breaks their burden out separately, with a placeholder of 
one submission for each category, to account for the rare occasion that 
we may receive a submission from these additional respondent 
categories.
    Title of Collection: Policy for Evaluation of Conservation Efforts 
When Making Listing Decisions (PECE).
    OMB Control Number: 1018-0119.
    Form Number: None.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: Primarily State, local, or Tribal 
governments. However, individuals, businesses, and not-for-profit 
organizations could develop agreements/plans or may agree to implement 
certain conservation efforts identified in a State agreement or plan.
    Respondent's Obligation: Required to Obtain or Retain a Benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: None.

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                                     Estimated                       Estimated      Completion
                                     number of    Average number     number of       time per        Estimated
            Activity                  annual      of submissions      annual         response      annual burden
                                    respondents        each          responses        (hours)          hours
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                                                 PECE--Reporting
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Individuals.....................               1               1               1             120             120
Private Sector..................               1               1               1             120             120
Government......................               5               1               5             120             600
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                                                PECE--Monitoring
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Individuals.....................               1               1               1             600             600
Private Sector..................               1               1               1             600             600
Government......................               5               1               5             600           3,000
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                       PECE--Development of Conservation Plan/Agreement (One-Time Burden)
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Individuals.....................               1               1               1           2,000           2,000
Private Sector..................               1               1               1           2,000           2,000
Government......................               2               1               2           2,000           4,000
    Totals......................              18  ..............              18  ..............          13,040
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[[Page 59408]]

    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: November 16, 2018.
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service.
[FR Doc. 2018-25454 Filed 11-21-18; 8:45 am]
BILLING CODE 4333-15-P