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 “big cats” 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.
“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)).
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 3-200-11 Amendments (Form 3-200-11) - Private Sector
1018-0192 SSA BCPSA Interim Rule updated 06012023_PB1_FWS_Response_Final_10192023.docx
1018-New 60-day Federal Register Notice BCPSA 03202023 88FR16657.pdf
Recordkeeping – 50 CFR 14.257(b) Documentation of Date of Breeding - Government