With few exceptions, businesses or
individuals must file FWS Form 3-177 with the Fish and Wildlife
Service prior to importing into or exporting from the United States
any fish, wildlife, or wildlife products. The information on FWS
Form 3-177 helps us fulfill the statutory requirements of the
Endangered Species Act and our obligations under the Convention on
International Trade in Endangered Species. This request updates our
collection of Form 3-177 through paper and eDecs to reflect 2016
shipment figures. It also breaks down collection by imports and
exports rather than total collections as previously reported in
order to provide a better correlation to other electronic systems.
Primarily, however, we are requesting approval for electronic
collection of data through ACE as an alternative electronic option
for importers and exporters to eDecs. The Safe Port Act requires
the Service to participate in the International Trade Data System
and the Executive Order on Streamlining Exports and Imports
establishes U.S. Customs and Border Protection’s Automated
Commercial Environment (ACE) as the primary means for collection of
international trade data by the government. The latter includes the
use of Census’s Automated Export System (AES) to collect agency
licenses and other permissions for exports. Although importers or
exporters are not mandated to use ACE and AES to file Service data
at this time, the Service will begin collection of data in ACE as
an alternative to eDecs. If importers file in ACE, they will not
file in eDecs. We provide estimates of burden and costs for these
new electronic systems, although collection in ACE or AES has not
yet begun. The burden information in this request lays out three
categories of collection. First, we provide collection burdens and
costs for collecting Form 3-177 and the accompanying documents in
paper, and electronically in eDecs and ACE, broken down by imports
and exports which reflect 2016 figures. Second, we provide the
burden and cost of collecting the eDecs confirmation number in AES
for exports. Third, we provide the burden and cost of collecting a
disclaimer of “no wildlife” as part of automation efforts under ACE
and AES. This submission also clarifies the submission of forms
3-177 will occur both electronically and via paper
submission.
This request, associated with
RIN 1018-BB93 (interim final rule - copy uploaded as a supplemental
document), updates our collection of Form 3-177 through paper and
eDecs to reflect 2016 shipment figures. It also breaks down
collection by imports and exports rather than total collections as
previously reported in order to provide a better correlation to
other electronic systems. Primarily, however, we are requesting
approval for electronic collection of data through ACE as an
alternative electronic option for importers and exporters to eDecs.
The Safe Port Act requires the Service to participate in the
International Trade Data System and the Executive Order on
Streamlining Exports and Imports establishes U.S. Customs and
Border Protection’s Automated Commercial Environment (ACE) as the
primary means for collection of international trade data by the
government. The latter includes the use of Census’s Automated
Export System (AES) to collect agency licenses and other
permissions for exports. Although importers or exporters are not
mandated to use ACE and AES to file Service data at this time, the
Service will begin collection of data in ACE as an alternative to
eDecs. If importers file in ACE, they will not file in eDecs. We
provide estimates of burden and costs for these new electronic
systems, although collection in ACE or AES has not yet begun. The
burden information in this request lays out three categories of
collection. First, we provide collection burdens and costs for
collecting Form 3-177 and the accompanying documents in paper, and
electronically in eDecs and ACE, broken down by imports and exports
which reflect 2016 figures. Second, we provide the burden and cost
of collecting the eDecs confirmation number in AES for exports.
Third, we provide the burden and cost of collecting a disclaimer of
“no wildlife” as part of automation efforts under ACE and AES.
Clarification regarding the electronic vs. paper submission: Since
2000, the Service has allowed for the electronic transmission of
data elements representing Form 3–177 and the upload of electronic
images of documents, including licenses and permits where
appropriate, via the Service’s electronic declaration filing system
(eDecs). Certain licenses and permits must be submitted in original
paper as required under other regulations even if uploaded in eDecs
for review prior to importation or exportation. As the Service
moves forward with implementation of the International Trade Data
System (ITDS), under Executive Order 13659 Streamlining the
Export/Import Process for America’s Businesses (79 FR 10657,
February 25, 2014), we wish to ensure that the public is aware of
their ability to submit Form 3-177 as a set of electronic data
elements and certain documents as electronic data sets or images in
lieu of filing a paper form or paper documents and to provide
information electronically to demonstrate any exemptions to filing
of Form 3-177. This information can all be filed through either
eDecs or through a CBP-approved electronic data interchange (EDI)
such as the Automated Commercial Environment (ACE), part of ITDS.
This electronic ability will facilitate the movement of imports and
exports under the Service’s broad inspection authority.
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:
(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;
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.
Form 3-177, 3-177a Declaration for Importation or Exportation of Fish or Wildlife (Hard Copy - Upon Export) - Individual
1018-0012 Justification for Change in Supplemental Documents 01172017.docx
Lacey Act Amendments 16 U.S.C. §§ 3371-3378.pdf
Declaration for Importation or Exportation of Fish or Wildlife (Hard Copy - Upon Export) - Individual