1018-0022 Supporting Statement A and attachment

Supporting Statement A for
Paperwork Reduction Act Submission
OMB Control Number 1018-0022
Federal Fish and Wildlife Permit Applications and Reports-Migratory Birds and Eagles
50 CFR 10, 13, 21, and 22
FWS Forms 3-200-6—3-200-18, 3-200-67, 3-200-68,
3-200-77—3-200-79, 3-202-1—3-202-14, 3-186, and 3-186A
Terms of Clearance: There were no terms of clearance for the last renewal of 1018-0022. In
2006, the Office of Management and Budget (OMB) approved our information collection request
(ICR) associated with the control and management of resident Canada geese and assigned
OMB Control No. 1018-0133 with the following terms of clearance: ”Reductions in burden to
1018-0022 as a result of this new program should be reflected in DOI’s next request for
extension in July 2007.”
Response: This ICR for renewal of 1018-0022 includes the reductions in burden resulting from
the four new depredation/control orders authorizing take of resident Canada geese without a
permit under certain circumstances (71 FR 45964; August 10, 2006). The Fish and Wildlife
Service (we, Service) is implementing the airport control order and the nest and egg destruction
depredation order. The States must implement the agriculture depredation order and the public
health control order. Implementation of the airport control order and the nest and egg
destruction order has reduced the number of respondents and responses by at least 800 for the
depredation permit applications (3-200-13) and the depredation report (3-202-9). The nest/egg
depredation order requires those who want to destroy nests/eggs to register online with the
Service before they conduct the work. Approximately 1,600 people registered in 2007.
Therefore, we believe that the reduction in the number of people who are no longer obtaining
resident Canada goose nest/egg and airport permits is far greater than 800; however, the
number of requests for depredation permits for other activities has increased, offsetting the
decrease in resident Canada goose applicants.
1. Explain the circumstances that make the collection of information necessary.
We collect information on application forms and in reports to determine if applicants for
permits meet the requirements mandated by:
•
•

Migratory Bird Treaty Act (MBTA, 16 U.S.C 703-712; 50 CFR 21).
Bald and Golden Eagle Protection Act (Eagle Act, 16 U.S.C. 668-668d; 50 CFR 22).

Service regulations implementing these statutes are in Chapter I, Subchapter B of Title 50,
Code of Federal Regulations. These regulations stipulate general and specific requirements
that when met allow us to issue permits to authorize activities that are otherwise prohibited.

2. Indicate how, by whom, how frequently, and for what purpose the information is to
be used. If the information collected will be disseminated to the public or used to
support information that will be disseminated to the public, explain how the
collection complies with all applicable Information Quality Guidelines.
All Service permit applications are in the 3-200 series of forms, each tailored to a specific
activity based on the requirements for specific types of permits. We collect standard
identifier information for all permits, such as the name of the applicant and the applicant’s
address, telephone and fax numbers, social security or tax identification number, and e-mail
address. Standardizing general information common to the application forms will make filing
of applications easier for the public as well as expedite our review of applications.
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. Respondents submit application forms periodically, as necessary.
Submission of reports is generally on an annual basis, although some are dependent on
specific transactions. We examined applications in this collection, focusing on questions
frequently misinterpreted or not addressed by applicants. This ICR includes modifications to
the format and content of the currently approved applications so that they (a) are easier to
understand and complete and (b) will accommodate future electronic permitting.
We deleted Forms 3-200-69 (Eagle/Import/Transport of Bald and Golden Eagle for Scientific
or Exhibition Purposes (CITES)) and 3-200-70 (Export/Re-Import/Transport of Bald and
Golden Eagle for Indian Religious Purposes (CITES)) from this ICR. These forms are
included in the renewal request for OMB Control 1018-0093, which is at OMB for approval.
We developed four new application forms (3-200-15B, 3-200-77, 3-200-78, and 3-200-79)
and two new report forms (3-202-13 and 3-202-14) to simplify the application and reporting
process for respondents:
•

3-200-15B (Re-order Request for Eagle Parts for Native American Religious
Purposes) corresponds with new procedures that allow Native Americans to send reorders directly to the National Eagle Repository, which distributes the parts, instead
of to the Regional permit office. Currently, applicants use from 3-200-15A, which
serves as an Eagle Indian Religious Permit Application, a First-Order Request, and a
Re-order Request. When using this form for re-orders, the permittee must send this
form to the appropriate permit office and the permit office forwards the re-order
request to the Repository. The new form, 3-200-15B, splits the re-order request from
the current form. Once a Native American receives his/her permit from the permit
office and the first order from the Repository, he/she can send subsequent re-orders
directly to the Repository.

•

FWS Forms 3-200-77 (Native American Eagle Take), 3-200-78 (Native American
Eagle Aviary), and 3-200-79 (Special Purpose-Abatement Using Raptors) will
provide the public with applications specifically designed to address information
necessary to issue permits for these activities.

•

FWS Form 3-202-13 (Eagle Exhibition Annual Report) will simplify reporting under
Eagle Exhibition permits by clarifying that we need information about eagles only.
Currently, permittees use FWS Form 3-202-5 (Special Purpose Possession
Live/Dead (Education) Annual Report), which requests information on other
migratory birds.
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•

FWS Form 3-202-14 (Native American Eagle Aviary Annual Report) will facilitate
reporting under the permits for Native American religious use.

3. Describe whether, and to what extent, the collection of information involves the use
of automated, electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic submission of
responses, and the basis for the decision for adopting this means of collection. Also
describe any consideration of using information technology to reduce burden [and
specifically how this collection meets GPEA requirements.].
Forms in this collection will be available to applicants in a fillable format on our forms and
permits websites, by mail, or by fax. Applicants may complete the fillable application online,
but must send the application form with an original signature and the applicable processing
fee by mail. Applicants may send supporting information by e-mail or fax, if we already have
their application and they are able to reference an application number.
At this time, we do not have a system for electronic submission of permit application forms
or reports; however, we are actively developing the system and are pilot testing two Service
application forms that have current OMB approval.
4. Describe efforts to identify duplication.
The information that we collect is unique to the applicant and is not available from any other
source. Other than the general identifying information standard for each application,
collection of duplicate information is minimal.
Many permittees renew permits for ongoing activities. We retain information from their
original application so they do not have to duplicate information that is unchanged for the
new permit. If an existing permittee requests a new type of permit (such as a rehabilitator
who applies for an education permit), applicants may reference existing permit files for
information relevant to the new application. This allows the applicant to submit only the
additional information necessary to meet the requirements of a new type of permit.
We developed an electronic permit issuance and tracking system that greatly improves
retrieval of file information, further reducing duplicate information requests for use in
renewals, extensions, and repeat applications. Ongoing development of our permit
issuance and tracking system will ensure that no duplication arises among Service
offices.
5. If the collection of information impacts small businesses or other small entities,
describe the methods used to minimize burden.
This collection will not have a significant impact on small entities. Small businesses or small
entities must provide the same information required of individual applicants. We collect only
the minimum information necessary to establish eligibility and to assess the effect of the
permit program.

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6. Describe the consequence to Federal program or policy activities if the collection is
not conducted or is conducted less frequently, as well as any technical or legal
obstacles to reducing burden.
If we do not collect the information or if we collect the information less frequently, we
could not implement many wildlife protection programs that are mandated by law.
Further, we could not issue applicants a permit since the collected information is either
required on the permit or authorization itself or is needed to make the necessary biological
and legal findings under applicable statutes and treaties.
7. Explain any special circumstances that would cause an information collection to be
conducted in a manner:
*
*
*
*
*
*
*

*

requiring respondents to report information to the agency more often than
quarterly;
requiring respondents to prepare a written response to a collection of information
in fewer than 30 days after receipt of it;
requiring respondents to submit more than an original and two copies of any
document;
requiring respondents to retain records, other than health, medical, government
contract, grant-in-aid, or tax records, for more than three years;
in connection with a statistical survey, that is not designed to produce valid and
reliable results that can be generalized to the universe of study;
requiring the use of a statistical data classification that has not been reviewed and
approved by OMB;
that includes a pledge of confidentiality that is not supported by authority
established in statute or regulation, that is not supported by disclosure and data
security policies that are consistent with the pledge, or which unnecessarily
impedes sharing of data with other agencies for compatible confidential use; or
requiring respondents to submit proprietary trade secrets, or other confidential
information unless the agency can demonstrate that it has instituted procedures
to protect the information's confidentiality to the extent permitted by law.
Permit regulations (50 CFR 21.27(c)(5), 21.28(d)(4), and 21.30(d)(6)) require that
Special Purpose Game Bird, Falconry, and Raptor Propagation permit holders file an
FWS Form 3-186A (Migratory Bird Acquisition and Disposition Report) with the Service
within 5 days of a transaction (take from the wild, buy, sell, or transfer). Permit
regulations (50 CFR 21.25(c)(5)) require that Waterfowl Sale and Disposal permit
holders file an FWS Form 3-186 with the Service by the end of the month during which a
waterfowl sale is conducted. The MBTA, which was enacted to protect migratory birds
from market hunting, strictly regulates commerce. These are the only four permits that
authorize sale and purchase. Current information regarding commercial activity under
the permits is necessary to enforce the regulations.
Permit regulations (50 CFR 13.46) require that records of any taking, possession,
transportation, sale, purchase, barter, export or import of wildlife pursuant to a permit be
maintained for 5 years from the expiration date of the permit. The statute of limitations
for enforcement is 5 years.

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8. Provide the date and page number of publication in the Federal Register of the
agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the
information collection prior to submission to OMB. Summarize public comments
received in response to that notice (or in response to a PRA statement) and describe
actions taken by the agency in response to these comments.
Describe efforts to consult with persons outside the agency to obtain their views on
the availability of data, frequency of collection, the clarity of instructions and
recordkeeping, disclosure, or reporting format (if any), and on the data elements to be
recorded, disclosed, or reported. [Please list the names, titles, addresses, and phone
numbers of persons contacted.]
On March 23, 2007, we published in the Federal Register (72 FR 13815) a notice of our
intent to request that OMB approve this ICR. In that notice, we solicited comments for 60
days, ending on May 22, 2007. We received one comment. The comment did not address
issues surrounding the proposed collection of information or the cost and hour burden
estimates, but instead objected to other aspects of our program, such as the killing of
eagles. We have not made any changes to this collection as a result of the comment.
We contacted the following groups that consistently use our forms and solicited
comments on the applications and report forms:
Ellen Paul
Nelson Luna, CEO
Executive Director
Zuni Tribe
The Ornithological Council
[email protected] (505) 782-5851
[email protected]
*Pete Poulos/Janet Bucknell
Benjamin H. Nuvamsa, CEO
National Coordinators,
Hopi Tribe
USDA/APHIS Wildlife Services
[email protected]
[email protected]
(928) 734-3000
Getty Pollard, B-1RD LLC
Victor Robideaux, CEO
69602 Warnock Rd
Iowa Tribe
Lostine, OR 97857
[email protected]
(866) 712-7127 office
(405) 547-2402
(866) 701-4952 fax
[email protected]
Gary Sifter, Oklahoma Raptor Center
Broken Arrow, OK 918-455-6627
[email protected]
*APHIS assists the public with completing depredation applications and conducting damage control)

Necessity of Collection.
FWS Form 3-200-78 (new application).
•

One commenter said that a question on the application asking why live eagle specimens
are needed and how they will be used is culturally insensitive. Similarly, another
commenter said that questions regarding the religious practices of the tribe would not be
proper except to the extent that they relate to biological resource issues and humane
possession of eagles.
Response: We agree with the commenters and have removed the question.
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•

A commenter said that a question asking about the source of eagles for the aviary would
not be understood and noted that most birds would come from rehabilitators.
Response: We revised this question for clarity. We agree that most birds will come from
rehabilitators, but some may come from other sources such as other aviaries or
exhibitors.

•

Two commenters disagreed with a notation in the application that the facilities for aviary
eagles must be separate from any rehabilitation facilities.
Response: We have removed this requirement and will address this issue prior to the
next renewal of this ICR.

•

Two commenters stated that tribal aviaries are located on tribal trust property and that
we should remove our requirement for copies of State permits or approvals and a
recommendation from the local State wildlife conservation officer.
Response: We agree with the commenters and have removed the question.

FWS Form 3-200-79 (new application).
•

One commenter suggested that: (1) it is not necessary to ask Abatement
applicants for a copy of their Master Class falconer permit, (2) we should not ask
for the address where applicants will maintain records, and (3) we should not ask if
the State requires a permit or other approval to conduct the activity, and, if so, to
attach a copy.
Response: We retained the requirement for a copy of the applicant’s Master Class
Falconry permit. A Master Falconry permit demonstrates that the applicant has
adequate experience handling raptors. We have proposed delegating falconry
permitting to the States. If the rule is finalized as proposed, we will no longer issue or
have copies of these permits. We retained the questions about where the applicant’s
records are kept and whether they have State approval to conduct the activity. These
are standard questions on nearly all applications. We need the address where
applicants keep records for enforcement purposes. Information about State approval is
relevant because a Federal permit is not valid if an activity does not comply with State
law.

Burden Estimates.
FWS Form 3-200-79.
•

One commenter indicated that the time burden estimate of 2 hours was high. This
commenter holds other migratory bird permits.
Response: We believe that the approximate time burdens for each application
accurately reflect the estimated time for the average first-time applicant to read the
instructions and pertinent regulations and complete the application in question. We
generally allotted approximately 45 minutes to 1 hour for reading the instructions and
reviewing the regulations, and the remaining time for responding to the questions.

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In addition to this specific public outreach, we also attend meetings of groups where a
significant portion of the membership submits applications. At these meetings, we provide
guidance on submitting applications and receive general feedback on the forms. We
attempt to incorporate the general comments in our application forms where appropriate.
9. Explain any decision to provide any payment or gift to respondents, other than
remuneration of contractors or grantees.
We do not provide payments or gifts to respondents.
10. Describe any assurance of confidentiality provided to respondents and the basis
for the assurance in statute, regulation, or agency policy.
We do not provide any assurance of confidentiality. The information collected is subject to
the requirements of the Privacy Act and the Freedom of Information Act as explained in
the notices portion of all applications.
11. Provide additional justification for any questions of a sensitive nature, such as
sexual behavior and attitudes, religious beliefs, and other matters that are commonly
considered private.
We do not ask questions of a sensitive nature.
12. Provide estimates of the hour burden of the collection of information.
We estimate that there will be approximately 29,844 respondents annually for the
applications and reports included in this ICR. We anticipate receiving approximately 55,674
responses annually, totaling 47,331 annual burden hours. The completion times vary
substantially depending on the activity. At an average rate of $35 per hour for salary and
benefits, we estimate the dollar value of the annual burden hours for this collection to be
$1,656,585. See Attachment A for a breakout of burden hours and costs for each
information collection.
13. Provide an estimate of the total annual [non-hour] cost burden to respondents or
record keepers resulting from the collection of information.
We estimate the nonhour cost burden to respondents for this information collection to be
$706,300. These costs are primarily for application processing fees, which range from $0 to
$100. There are no processing fees for reports. Federal, tribal, State, and local government
agencies and those acting in their behalf are exempt from processing fees. See Attachment
A for a breakout of nonhour burden costs for each information collection.
14. Provide estimates of annualized costs to the Federal Government.
The annual cost to the Federal Government for this information collection is approximately
$1,741,988. These costs are primarily for staff time to review and process applications and
reports. We estimate an average of $50 per hour for salary and benefits.
Review/processing time varies from 10 minutes to 8 hours depending on the activity. See
Attachment A for a breakout for each information collection.

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15. Explain the reasons for any program changes or adjustments.
We are estimating 55,674 responses, totaling 47,331 annual burden hours for this collection.
This is an increase of 5,764 responses and 3,451 annual burden hours from our previous
request. We are reporting 45 responses totaling 104 burden hours as a program change
associated with three new applications (3-200-77, 3-200-78, and 3-200-79) and one report
(3-202-14). The nonhour cost burden associated with this program change is $2,500. The
remaining increase is a result of adjustments to our estimates, based on experience over
the past 3 years. The reduction in nonhour burden costs of $273,700 from our previous
request is primarily because our previous request erroneously included application
processing fees for exempt entities. However, a portion of the decrease in the nonhour cost
burden is due to the removal of two forms (3-200-69 and 3-200-70) from this collection and
a reduction in the number of Canada goose permits.
16. For collections of information whose results will be published, outline plans for
tabulation and publication.
There are no plans for publication of the results of these information collections.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons that display would be inappropriate.
We will display the OMB control number and expiration date.
18. Explain each exception to the certification statement identified in Item 19,
"Certification for Paperwork Reduction Act Submissions," of OMB Form 83-I.
There are no exceptions to the certification statement.

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Attachment A

CONSOLIDATED BURDEN TABLE
OMB 1018-0022
Activity

Number of
annual
respondents

Number of
annual
responses

Total
annual
burden
hours*

Average
completion
time per
response
(minutes)

Total dollar
value of
burden hours
($35/hr)

Average
nonhour
burden cost
per
response**

Total nonhour
burden cost to
applicants

Average time Cost to
(hrs) per
Government
response for ($50/hr)
Govt review

3-200-6 - application

76

76

60

76

$2,660

$75

$4,200

1

$3,800

3-200-7 - application

210

210

300

1,050

$36,750

$100

$11,000

2.6

$27,300

3-200-8 - application

690

690

120

1,380

$48,300

$100

$69,000

1

$34,500

3-200-9 - application

370

370

90

555

$19,425

$75

$27,750

1

$18,500

3-200-10a application

190

190

90

285

$9,975

$75

$13,500

1.5

$14,250

3-200-10b application
3-200-10c application
3-200-10d application

175

175

720

2,100

$73,500

$50

$8,500

4

$35,000

250

250

270

1,126

$39,410

$75

$18,750

4

$50,000

65

65

150

163

$5,688

$75

$4,875

3

$9,750

3-200-10e application
3-200-10fapplication

15

15

90

23

$788

$75

$1,125

1

$750

105

105

150

264

$9,240

$100

$7,000

2

$10,500

470

470

75

588

$20,563

$100

$47,000

2

$47,000

3-200-12 application

55

55

240

220

$7,700

$100

$5,500

2

$5,500

3-200-13 application
3-200-14 application

2,220

2,220

176

6,432

$225,120

$71

$112,500

2.5

$277,500

120

120

330

660

$23,100

$75

$7,500

4

$24,000

3-200-15a application

1,345

1,345

60

1,345

$47,075

$0

$0

2

$134,500

3-200-11- application

* Total burden hours adjusted to reflect totals entered by ROCIS because of rounding.
** Nonhour burden cost is the application fee. If there is more than one application fee (e.g., for an amendment), number in chart is an average.

Attachment A

CONSOLIDATED BURDEN TABLE
OMB 1018-0022
Activity

Number of
annual
respondents

3-200-15b application
3-200-16 application

Number of
annual
responses

Average
completion
time per
response
(minutes)

Total
annual
burden
hours*

Total dollar
value of
burden hours
($35/hr)

Average
nonhour
burden cost
per
response**

Total nonhour
burden cost to
applicants

Average time Cost to
(hrs) per
Government
response for ($50/hr)
Govt review

895

895

20

298

$10,442

$0

$0

0.5

$22,375

6

6

180

18

$630

$100

$300

2

$600

3-200-17 application

4

4

195

13

$455

$100

$400

2

$400

3-200-18 application

4

4

390

26

$910

$100

$400

2

$400

3-200-67 application
3-200-68 application
3-200-77 application

1

1

420

7

$245

$0

$0

5

$250

5,050

5,050

90

7,575

$265,125

$90

$364,500

1.5

$378,750

10

10

135

22

$770

$0

$0

8

$4,000

3-200-78 application

5

5

300

25

$875

$0

$0

6

$1,500

3-200-79 application

25

25

150

63

$2,188

$100

$2,500

2

$2,500

3-202-1 - report

580

580

60

580

$20,300

$0

$0

1

$29,000

3-202-2 - report

1,050

1,050

30

526

$18,410

$0

$0

0.25

$13,125

3-202-3 - report

1,850

1,850

60

1,850

$64,750

$0

$0

0.25

$23,125

3-202-4 - report

1,650

1,650

180

4,950

$173,250

$0

$0

0.5

$41,250

3-202-5

1,160

1,160

90

1,740

$60,900

$0

$0

0.50

$29,000

- report

* Total burden hours adjusted to reflect totals entered by ROCIS because of rounding.
** Nonhour burden cost is the application fee. If there is more than one application fee (e.g., for an amendment), number in chart is an average.

Attachment A

CONSOLIDATED BURDEN TABLE
OMB 1018-0022

Activity

Number of
annual
respondents

Number of
annual
responses

Average
completion
time per
response
(minutes)

Total
annual
burden
hours*

Total dollar
value of
burden hours
($35/hr)

Average
nonhour
burden cost
per
response**

Total nonhour
burden cost to
applicants

Average time Cost to
(hrs) per
Government
response for ($50/hr)
Govt review

3-202-6 - report

95

95

30

48

$1,663

$0

$0

0.25

$1,188

3-202- 7 - report

700

700

30

350

$12,250

$0

$0

0.5

$17,500

3-202- 8 - report

425

425

60

425

$14,875

$0

$0

0.3

$6,375

3-202- 9 - report

2,220

2,220

60

2,220

$77,700

$0

$0

0.75

$83,250

3-202- 10 - report

18

18

60

18

$630

$0

$0

1.5

$1,350

3-202-11 - report

20

20

60

20

$700

$0

$0

0.3

$300

3-202-12 - report

800

800

90

1,200

$42,000

$0

$0

0.5

$20,000

3-202- 13 - report

1,200

1,200

60

1,200

$42,000

$0

$0

0.5

$30,000

3-202- 14- report

10

10

30

5

$175

$0

$0

0.5

$250

3-186 - report

1,050

12,900

15

3,225

$112,875

$0

$0

0.17

$109,650

3-186a - report

4,660

18,640

15

4,660

$163,100

$0

$0

0.25

$233,000

29,844

55,674

47,331

$1,656,585

Totals

$706,300

* Total burden hours adjusted to reflect totals entered by ROCIS because of rounding.
** Nonhour burden cost is the application fee. If there is more than one application fee (e.g., for an amendment), number in chart is an average.

$1,741,988