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 Protectionâs Automated Commercial Environment (ACE) as the primary means for collection of international trade data by the government. The latter includes the use of Censusâs 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 âno wildlifeâ 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 3â177 and the upload of electronic images of documents, including licenses and permits where appropriate, via the Serviceâs 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 Americaâs 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 Serviceâs 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