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. In 2009, we implemented
a new user fee system intended to recover the costs of the
compliance portion of the wildlife inspection program. Since that
time, we have been made aware that we may have placed an undue
economic burden on businesses that exclusively trade in small
volumes of low-value, non-Federally protected wildlife parts and
products. To address this issue, we implemented a program that
exempts certain businesses from the designated port base inspection
fees as an interim measure while we reassess the current user fee
system. In order to participate in our user fee exemption program
for low-risk importations and exportations, importers or exporters
must certify electronically that they meet the criteria for
inclusion in the program.
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. 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 Form 3-177 Hard Copy (Upon Import) - Private Sector
electronic submission interim rule 1.12.17.docx
30 Day FRN 2016-09952.pdf
eDecs/ACE (Upon Import) - Private Sector