[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16657-16660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05590]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-HQ-IA-2023-0031; FF09S00000/XXX/FXSC42050900000/4205;
OMB Control Number 1018--New]
Agency Information Collection Activities; Big Cat Public Safety
Act Registration
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 (Service), are proposing emergency
clearance of a new collection of information.
DATES: Interested persons are invited to submit comments on or before
May 19, 2023.
ADDRESSES: Send your comments on the information collection request
(ICR) by one of the following methods (reference ``1018-BCPSA
Registration'' in the subject line of your comment):
Internet (preferred): https://www.regulations.gov. Follow
the instructions for submitting comments on Docket No. FWS-HQ-IA-2023-
0031.
Email: Info_Coll@fws.gov.
U.S. mail: Service Information Collection Clearance
Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB
(JAO/3W), Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Madonna L. Baucum, Service Information
Collection Clearance Officer, by email at Info_Coll@fws.gov, or by
telephone at (703) 358-2503. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act (PRA, 44 U.S.C. 3501 et seq.) and its implementing regulations at 5
CFR 1320.8(d)(1), all information collections require approval under
the PRA. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies 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.
We are especially interested in public comment addressing the
following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this ICR. 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 made publicly available
at any time. While you may 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: The Service intends to seek emergency clearance of a new
information collection under the authority of 16 U.S.C. 3372(e),
pursuant to the Big Cat Public Safety Act (BCPSA), Public Law 117-243,
December 20, 2022, 136 Stat. 2336 (amending the Captive Wildlife Safety
Act, and Lacey Act Amendments of
[[Page 16658]]
1981, 16 U.S.C. 3371-3374 and 3376, and 7 U.S.C. 1997). ``Prohibited
wildlife species'' (also referred to as ``big cats'') is defined as
``any live species of lion, tiger, leopard, cheetah, jaguar, or cougar
or any hybrid of such species'' (16 U.S.C. 3371(h)). This includes any
of the following species, or hybrids of any of these species: Lion
(Panthera leo), tiger (Panthera tigris), leopard (Panthera pardus),
snow leopard (Uncia uncia), clouded leopard (Neofelis nebulosa), jaguar
(Panthera onca), cheetah (Acinonyx jubatus), cougar (Puma concolor) (50
CFR 14.252).
The BCPSA makes it unlawful for any person to--(A) import, export,
transport, sell, receive, acquire, or purchase in interstate or foreign
commerce, or in a manner substantially affecting interstate or foreign
commerce, or (B) breed or possess any live prohibited wildlife species
(16 U.S.C. 3372(e)(1)). The BCPSA also makes it unlawful for any person
to attempt to commit any of these acts with prohibited wildlife species
(16 U.S.C. 3372(a)(4)). Violators of the BCPSA are subject to civil and
criminal penalties (16 U.S.C. 3373), and big cats bred, possessed,
imported, exported, transported, sold, received, acquired, or purchased
contrary to the provisions of the BCPSA shall be subject to forfeiture
to the United States (16 U.S.C. 3374).
The BCPSA also authorizes a limited exception from the prohibition
on possession for a person or entity to register live specimens of
prohibited wildlife species if certain requirements are met and
continue to be met (16 U.S.C. 3372(e)(2)(E)). The exception is intended
to allow current owners of big cats at the time of enactment of the
BCPSA to keep their big cats; however, they must register with the
Service; are not allowed to breed, acquire, or sell big cats; and
cannot allow direct contact between the public and their big cats (H.
Rept. No. 117-428, p. 17 (July 22, 2022)). By registering their big
cats no later than the statutory deadline (June 18, 2023), the person
or entity (registrant) may continue to possess registered big cats that
were born before the date of enactment (December 20, 2022) and legally
in their possession on or before the date of enactment, as long as the
registrant meets and continues to meet all requirements of 16 U.S.C.
3372(e)(2)(E).
To qualify to continue to possess live specimens of prohibited
wildlife species (also referred to as ``big cats'') under 16 U.S.C.
3372(e)(2)(E), a registrant must register all live specimens of
prohibited wildlife species in their possession with the United States
Fish and Wildlife Service no later than June 18, 2023. The purpose of
the registration form is to enable owners of big cats who want to
continue to possess their big cats in accordance with 16 U.S.C.
3372(e)(2)(E) to register all live specimens of big cats in their
possession with the Service no later than June 18, 2023. The Service
will use the information collected to verify eligibility to possess big
cats under the BCPSA in accordance with 16 U.S.C. 3372(e)(2)(E).
Big cats bred or possessed in violation of the BCPSA and any big
cat that is not registered on or before June 18, 2023, shall be subject
to forfeiture for violation of the BCPSA prohibition on possession,
unless another limited exception applies in accordance with the BCPSA.
(16 U.S.C. 3372(e)(2)(A)-(D), 3374(a)). These other exceptions apply
only to qualifying entities exhibiting big cats to the public under a
Class C license from the Department of Agriculture, or a Federal
facility registered with the Department of Agriculture that exhibits
animals; State colleges, State universities, State agencies, or State-
licensed veterinarians; qualifying wildlife sanctuaries; or qualifying
transporters only when in custody of any big cat solely for the purpose
of expeditiously transporting the big cat to a person who qualifies for
an exception under the BCPSA.
To meet the requirements for an exception from the prohibition on
possession under 16 U.S.C. 3372(e)(2)(E), the registrant must:
Register each individual big cat in their possession with
the U.S. Fish and Wildlife Service by no later than 180 days after the
date of enactment of the BCPSA, December 20, 2022 (i.e., no later than
June 18, 2023) (16 U.S.C. 3372(e)(2)(E)(i));
Not breed, acquire, or sell any big cat after the date of
the enactment of the BCPSA, December 20, 2022 (The requirement that the
registrant not breed, acquire, or sell any prohibited wildlife species
after December 20, 2022, applies regardless of whether the activity is
intrastate, interstate, or international) (16 U.S.C.
3372(e)(2)(E)(ii)); and
Not allow direct contact between the public and any big
cat after the date of the enactment of the BCPSA, December 20, 2022 (16
U.S.C. 3372(e)(2)(E)(iii).
To meet the requirements under 16 U.S.C. 3372(e)(2)(E), the big
cat(s) in the registrant's possession must:
Have been born before the date of enactment of the BCPSA,
December 20, 2022 (16 U.S.C. 3372(e)(2)(E));
Not have been acquired by the registrant after the date of
enactment, December 20, 2022 (i.e., legally in the registrant's
possession on or before December 20, 2022, and have remained
continually in the registrant's possession) (16 U.S.C.
3372(e)(2)(E)(ii)); and
Have been registered by the owner with the U.S. Fish and
Wildlife Service by no later than 180 days after the date of enactment
of the BCPSA, December 20, 2022 (i.e., no later than June 18, 2023) (16
U.S.C. 3372(e)(2)(E)(i)).
The Service recognizes that there may have been big cats bred
before the effective date of the BCPSA, that were subsequently born on
or after the effective date of the BCPSA. The text of the BCPSA only
allows big cats born before the effective date of the BCPSA to be
registered under 16 U.S.C. 3372(e)(2)(E). If a big cat is not
registered, then it may not be possessed by its owner under the limited
exception of 16 U.S.C. 3372(e)(2)(E); and, if each big cat owned by a
registrant is not registered by the statutory deadline (i.e., no later
than June 18, 2023), then the registrant does not qualify to possess
any of their big cats under 16 U.S.C. 3372(e)(2)(E). However, the BCPSA
does not specifically address big cats born on or after the effective
date of the BCPSA from breeding that occurred before the effective date
of the BCPSA. As noted above, the exception is intended to allow
current owners of big cats to keep big cats that were legally in their
possession at the time of enactment of the BCPSA, if they register
their big cats and comply with the BCPSA, including by not breeding any
big cats on or after the effective date of the BCPSA. (H. Rept. No.
117-428, p. 17 (July 22, 2022).) The BCPSA was not intended to
retroactively prohibit breeding that occurred before the enactment of
the BCPSA. Recognizing these intentions, and to avoid a reading of the
BCPSA that would lead to an impossibility for some current owners of
big cats both to comply with the law and possess big cats that are born
on or after the effective date of the BCPSA from breeding that occurred
before the effective date of the BCPSA, such big cats will be
considered eligible for registration. In addition to meeting all the
other requirements above, such big cats may be registered if the
registrant includes documentation demonstrating that the breeding of
the big cat occurred before December 20, 2022 (the effective date of
the BCPSA). The gestation period for all big cats is substantially less
than the 180-day registration period provided in the BCPSA, meaning
that any owners of big cats that are affected still must meet the
statutory deadline to register (June 18, 2023). Accordingly,
[[Page 16659]]
except as provided by the BCPSA (16 U.S.C. 3372(e)(2)(A)-(D)),
possession of any big cat born on or after December 20, 2022, violates
the BCPSA, unless: documentation is provided to prove the big cat was
born on or after December 20, 2022, from breeding that occurred before
December 20, 2022, and all other registration requirements of 16 U.S.C.
3372(e)(2)(E) are met as described above.
It remains the responsibility of registrants to follow all local,
State, and Federal laws and regulations for possession of and other
activities with prohibited wildlife species, and registration under the
BCPSA does not constitute authorization to engage in any activity
prohibited by such laws and regulations. For example, most big cats are
listed as either endangered or threatened under the Endangered Species
Act and take of such species and their offspring is prohibited, with
limited exceptions for take authorized by statute, regulation, or
permit (16 U.S.C. 1531 et seq.; 50 CFR part 17).
To comply with the requirements of the BCPSA, the Service will seek
OMB approval of FWS Form 3-200-11, ``Registration Form--Big Cat Public
Safety Act (Pub. L. 117-243, December 20, 2022, 136 Stat 2336), which
will collect the following information:
Name, birth date, and contact information of individual
applicant;
Name, tax ID number, and contact information of business,
corporation, or trust, if applicable;
Information for officer of business, corporation, or
trust, if applicable;
Detailed information for big cats possessed (not including
hybrids), to include:
--Common name of big cat;
--Name given to individual big cat, if applicable,
--Genus, species, and subspecies;
--Birthdate and date of acquisition, including supporting
documentation;
--Unique identifier information (i.e., microchip or tattoo);
--Sex;
--Description (e.g., eye color, scars, ear tags);
--Photographs of big cat
--Physical location of individual big cat (if different from
registrant's contact information);
--Protocols taken to prevent breeding;
--Protocols taken to prevent direct contact between public and
prohibited wildlife species; and
--Copies of all local, State, or Federal licenses held in relation to
the big cats, if applicable.
Detailed information for hybrid big cats possessed, to
include:
--Name of hybrid big cat;
--Name given to individual big cat, if applicable,
--Genus, species, and subspecies;
--Birthdate and date of acquisition, including supporting
documentation;
--Unique identifier information (e.g., microchip or tattoo);
--Sex;
--Description (e.g., eye color, scars, ear tags);
--Photographs of big cat
--Physical location of big cat (if different from registrant's contact
information);
--Protocols taken to prevent breeding;
--Protocols taken to prevent direct contact between public and
prohibited wildlife species; and
--Copies of all local, State, or Federal licenses held in relation to
the big cats, if applicable.
Information collected to amend original registration, to
include:
--Genus, species, subspecies, name of big cat, and unique identifier;
--Information for new location when individual big cat is relocated
after registration;
--Description of any changes in protocols to prevent breeding as
previously described in original registration;
--Description of any changes in protocols to prevent direct contact
between the public and the prohibited wildlife as previously described
in original registration;
--Change in unique identifier (i.e., microchip or tattoo);
--Contact information for new owner;
--Notification of big cat's death, to include date; and
--The manner of disposal of big cat's remains (requires documentation
from veterinarian or other authority describing cause of death and how
the remains were disposed).
A copy of FWS Form 3-200-11 is available to the public by
submitting a request to the Service Information Collection Clearance
Officer using one of the methods identified in the ADDRESSES section of
this notice.
Title of Collection: Big Cat Public Safety Act Registration.
OMB Control Number: 1018--New.
Form Number: 3-200-11.
Type of Review: Emergency clearance of a new collection of
information.
Respondents/Affected Public: Individuals and private sector.
Respondent's Obligation: Voluntary.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: None.
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Average
Average number Average number Average number completion Estimated
Requirement of annual of responses of annual time per annual burden
respondents each responses response hours
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Initial Registration (Form 3-200-
11):
Individuals................. 2,000 1.25 2,500 1 2,500
Private Sector.............. 2,000 1.25 2,500 1 2,500
Amendments (Form 3-200-11):
Individuals................. 250 1 250 0.2 50
Private Sector.............. 250 1 250 0.2 50
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Totals.................. 4,500 .............. 5,500 .............. 5,500
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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.).
[[Page 16660]]
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2023-05590 Filed 3-17-23; 8:45 am]
BILLING CODE 4333-15-P