In accordance with 5 CFR 1320, the information collection is approved for six months.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
04/30/2024
6 Months From Approved
10/31/2023
7,263
0
5,500
7,263
0
5,500
3,016
0
3,466
This is a request for a new control number in conjunction with an emergency clearance request associated with the requirement to register prohibited wildlife species (also referred to as âbig catsâ under the authority of 16 U.S.C. § 3372(e), pursuant to the Big Cat Public Safety Act (BCPSA), Pub. L. 117-243, December 20, 2022, 136 Stat. 2336 (amending the Captive Wildlife Safety Act, and Lacey Act Amendments of 1981, 16 U.S.C. §§ 3371-3374 and § 3376, and 7 U.S.C. § 1997).
The Service intends to seek emergency clearance of a new information collection under the authority of the BCPSA. âProhibited wildlife speciesâ (also referred to as âbig catsâ) is defined as âany live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such speciesâ (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 toâ(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 âbig catsâ) 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)).
This is the next step in our initial emergency clearance request in conjunction with our March 20, 2023 emergency clearance request associated with the requirement to register prohibited wildlife species (also referred to as âbig catsâ under the authority of 16 U.S.C. § 3372(e), pursuant to the Big Cat Public Safety Act (BCPSA), Pub. L. 117-243, December 20, 2022, 136 Stat. 2336 (amending the Captive Wildlife Safety Act, and Lacey Act Amendments of 1981, 16 U.S.C. §§ 3371-3374 and § 3376, and 7 U.S.C. § 1997). On April 4, 2023, OMB approved our emergency request and assigned OMB Control No. 1018-0192 with an expiration date of October 31, 2023. The comment period for this interim rule ends August 11, 2023 and we request OMB final approval of this emergency clearance process on or before October 31, 2023.
As required by regulations at 5 CFR § 1320.13, this interim rule submission, in addition to the initial 60-day comment period provided on Regulations.gov (Docket FWS-HQ-IA-2023-0031), provides a second public comment opportunity to comply with the requirement at 5 CFR § 1320.13(c) to take practical steps to consult with interested agencies and members of the public in order to minimize the burden of this collection of information. We will provide the public with a third opportunity to comment on this information collection at the final rule stage.
We are reporting the following program changes/adjustments (since OMBâs approval of the emergency clearance and assignment of OMB Control No. 1018-0192):
Change Due to Statute (expiration of initial registration requirement on June 19, 2023)
-5,000 Annual Responses
-5,000 Annual Burden Hours
-3,150 Annual Cost Burden
Agency Discretion
6,763 Annual Responses
6,763 Annual Burden Hours
2,700 Annual Cost Burden
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.
Recordkeeping – 50 CFR 14.257(b) Documentation of Date of Breeding - Government