Published 60-day Federal Register Notice (88 FR 16657)

16657

Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices
Annual
number of
respondents

Requirement
Government .....................................................................................................

Total
annual
responses

29

Completion
time per
response

Total annual
burden
hours *

29

.5

15

25
2
9

.5
.5
.5

13
1
5

Notification—Depredation-Related Take
Individuals ........................................................................................................
Private Sector ..................................................................................................
Government .....................................................................................................

25
2
9

Notification—Specimen Collection
Individuals ........................................................................................................
Private Sector ..................................................................................................
Government .....................................................................................................

3
2
16

3
2
16

.5
.5
.5

2
1
8

Totals ........................................................................................................

105

105

........................

55

* Rounded.

An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2023–05550 Filed 3–17–23; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–HQ–IA–2023–0031;
FF09S00000/XXX/FXSC42050900000/4205;
OMB Control Number 1018—New]

Agency Information Collection
Activities; Big Cat Public Safety Act
Registration
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service
(Service), are proposing emergency
clearance of a new collection of
information.

SUMMARY:

Interested persons are invited to
submit comments on or before May 19,
2023.
ADDRESSES: Send your comments on the
information collection request (ICR) by
one of the following methods (reference
‘‘1018–BCPSA Registration’’ in the
subject line of your comment):
• Internet (preferred): https://
www.regulations.gov. Follow the

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DATES:

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instructions for submitting comments
on Docket No. FWS–HQ–IA–2023–0031.
• Email: [email protected].
• U.S. mail: Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, 5275 Leesburg
Pike, MS: PRB (JAO/3W), Falls Church,
VA 22041–3803.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Madonna L. Baucum,
Service Information Collection
Clearance Officer, by email at Info_
[email protected], or by telephone at (703)
358–2503. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act (PRA, 44 U.S.C. 3501 et
seq.) and its implementing regulations
at 5 CFR 1320.8(d)(1), all information
collections require approval under the
PRA. We may not conduct or sponsor
and you are not required to respond to
a collection of information unless it
displays a currently valid OMB control
number.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we invite the public and other
Federal agencies to comment on new,
proposed, revised, and continuing
collections of information. This helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand our
information collection requirements and
provide the requested data in the
desired format.

PO 00000

Frm 00079

Fmt 4703

Sfmt 4703

We are especially interested in public
comment addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: The Service intends to seek
emergency clearance of a new
information collection under the
authority of 16 U.S.C. 3372(e), pursuant
to the Big Cat Public Safety Act
(BCPSA), Public Law 117–243,
December 20, 2022, 136 Stat. 2336
(amending the Captive Wildlife Safety
Act, and Lacey Act Amendments of

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16658

Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices

1981, 16 U.S.C. 3371–3374 and 3376,
and 7 U.S.C. 1997). ‘‘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

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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)). These other exceptions
apply only to qualifying entities
exhibiting big cats to the public under
a Class C license from the Department
of Agriculture, or a Federal facility
registered with the Department of
Agriculture that exhibits animals; State
colleges, State universities, State
agencies, or State-licensed veterinarians;
qualifying wildlife sanctuaries; or
qualifying transporters only when in
custody of any big cat solely for the
purpose of expeditiously transporting
the big cat to a person who qualifies for
an exception under the BCPSA.
To meet the requirements for an
exception from the prohibition on
possession under 16 U.S.C.
3372(e)(2)(E), the registrant must:
• Register each individual big cat in
their possession with the U.S. Fish and
Wildlife Service by no later than 180
days after the date of enactment of the
BCPSA, December 20, 2022 (i.e., no later
than June 18, 2023) (16 U.S.C.
3372(e)(2)(E)(i));
• Not breed, acquire, or sell any big
cat after the date of the enactment of the
BCPSA, December 20, 2022 (The
requirement that the registrant not
breed, acquire, or sell any prohibited
wildlife species after December 20,
2022, applies regardless of whether the
activity is intrastate, interstate, or
international) (16 U.S.C.
3372(e)(2)(E)(ii)); and
• Not allow direct contact between
the public and any big cat after the date
of the enactment of the BCPSA,
December 20, 2022 (16 U.S.C.
3372(e)(2)(E)(iii).
To meet the requirements under 16
U.S.C. 3372(e)(2)(E), the big cat(s) in the
registrant’s possession must:
• Have been born before the date of
enactment of the BCPSA, December 20,
2022 (16 U.S.C. 3372(e)(2)(E));
• Not have been acquired by the
registrant after the date of enactment,
December 20, 2022 (i.e., legally in the

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Frm 00080

Fmt 4703

Sfmt 4703

registrant’s possession on or before
December 20, 2022, and have remained
continually in the registrant’s
possession) (16 U.S.C. 3372(e)(2)(E)(ii));
and
• Have been registered by the owner
with the U.S. Fish and Wildlife Service
by no later than 180 days after the date
of enactment of the BCPSA, December
20, 2022 (i.e., no later than June 18,
2023) (16 U.S.C. 3372(e)(2)(E)(i)).
The Service recognizes that there may
have been big cats bred before the
effective date of the BCPSA, that were
subsequently born on or after the
effective date of the BCPSA. The text of
the BCPSA only allows big cats born
before the effective date of the BCPSA
to be registered under 16 U.S.C.
3372(e)(2)(E). If a big cat is not
registered, then it may not be possessed
by its owner under the limited
exception of 16 U.S.C. 3372(e)(2)(E);
and, if each big cat owned by a
registrant is not registered by the
statutory deadline (i.e., no later than
June 18, 2023), then the registrant does
not qualify to possess any of their big
cats under 16 U.S.C. 3372(e)(2)(E).
However, the BCPSA does not
specifically address big cats born on or
after the effective date of the BCPSA
from breeding that occurred before the
effective date of the BCPSA. As noted
above, the exception is intended to
allow current owners of big cats to keep
big cats that were legally in their
possession at the time of enactment of
the BCPSA, if they register their big cats
and comply with the BCPSA, including
by not breeding any big cats on or after
the effective date of the BCPSA. (H.
Rept. No. 117–428, p. 17 (July 22,
2022).) The BCPSA was not intended to
retroactively prohibit breeding that
occurred before the enactment of the
BCPSA. Recognizing these intentions,
and to avoid a reading of the BCPSA
that would lead to an impossibility for
some current owners of big cats both to
comply with the law and possess big
cats that are born on or after the
effective date of the BCPSA from
breeding that occurred before the
effective date of the BCPSA, such big
cats will be considered eligible for
registration. In addition to meeting all
the other requirements above, such big
cats may be registered if the registrant
includes documentation demonstrating
that the breeding of the big cat occurred
before December 20, 2022 (the effective
date of the BCPSA). The gestation
period for all big cats is substantially
less than the 180-day registration period
provided in the BCPSA, meaning that
any owners of big cats that are affected
still must meet the statutory deadline to
register (June 18, 2023). Accordingly,

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16659

Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices
except as provided by the BCPSA (16
U.S.C. 3372(e)(2)(A)–(D)), possession of
any big cat born on or after December
20, 2022, violates the BCPSA, unless:
documentation is provided to prove the
big cat was born on or after December
20, 2022, from breeding that occurred
before December 20, 2022, and all other
registration requirements of 16 U.S.C.
3372(e)(2)(E) are met as described
above.
It remains the responsibility of
registrants to follow all local, State, and
Federal laws and regulations for
possession of and other activities with
prohibited wildlife species, and
registration under the BCPSA does not
constitute authorization to engage in
any activity prohibited by such laws
and regulations. For example, most big
cats are listed as either endangered or
threatened under the Endangered
Species Act and take of such species
and their offspring is prohibited, with
limited exceptions for take authorized
by statute, regulation, or permit (16
U.S.C. 1531 et seq.; 50 CFR part 17).
To comply with the requirements of
the BCPSA, the Service will seek OMB
approval of FWS Form 3–200–11,
‘‘Registration Form—Big Cat Public
Safety Act (Pub. L. 117–243, December
20, 2022, 136 Stat 2336), which will
collect the following information:
• Name, birth date, and contact
information of individual applicant;
• Name, tax ID number, and contact
information of business, corporation, or
trust, if applicable;
• Information for officer of business,
corporation, or trust, if applicable;
• Detailed information for big cats
possessed (not including hybrids), to
include:
—Common name of big cat;

—Name given to individual big cat, if
applicable,
—Genus, species, and subspecies;
—Birthdate and date of acquisition,
including supporting documentation;
—Unique identifier information (i.e.,
microchip or tattoo);
—Sex;
—Description (e.g., eye color, scars, ear
tags);
—Photographs of big cat
—Physical location of individual big cat
(if different from registrant’s contact
information);
—Protocols taken to prevent breeding;
—Protocols taken to prevent direct
contact between public and
prohibited wildlife species; and
—Copies of all local, State, or Federal
licenses held in relation to the big
cats, if applicable.
• Detailed information for hybrid big
cats possessed, to include:
—Name of hybrid big cat;
—Name given to individual big cat, if
applicable,
—Genus, species, and subspecies;
—Birthdate and date of acquisition,
including supporting documentation;
—Unique identifier information (e.g.,
microchip or tattoo);
—Sex;
—Description (e.g., eye color, scars, ear
tags);
—Photographs of big cat
—Physical location of big cat (if
different from registrant’s contact
information);
—Protocols taken to prevent breeding;
—Protocols taken to prevent direct
contact between public and
prohibited wildlife species; and
—Copies of all local, State, or Federal
licenses held in relation to the big
cats, if applicable.
Average
number of
annual
respondents

Requirement

Initial Registration (Form 3–200–11):
Individuals .....................................................................
Private Sector ...............................................................
Amendments (Form 3–200–11):
Individuals .....................................................................
Private Sector ...............................................................

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Totals .....................................................................

An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information

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Average
number of
responses
each

Average
number of
annual
responses

Frm 00081

Average
completion
time per
response

Estimated
annual
burden hours

2,000
2,000

1.25
1.25

2,500
2,500

1
1

2,500
2,500

250
250

1
1

250
250

0.2
0.2

50
50

4,500

........................

5,500

........................

5,500

unless it displays a currently valid OMB
control number.

PO 00000

• Information collected to amend
original registration, to include:
—Genus, species, subspecies, name of
big cat, and unique identifier;
—Information for new location when
individual big cat is relocated after
registration;
—Description of any changes in
protocols to prevent breeding as
previously described in original
registration;
—Description of any changes in
protocols to prevent direct contact
between the public and the prohibited
wildlife as previously described in
original registration;
—Change in unique identifier (i.e.,
microchip or tattoo);
—Contact information for new owner;
—Notification of big cat’s death, to
include date; and
—The manner of disposal of big cat’s
remains (requires documentation from
veterinarian or other authority
describing cause of death and how the
remains were disposed).
A copy of FWS Form 3–200–11 is
available to the public by submitting a
request to the Service Information
Collection Clearance Officer using one
of the methods identified in the
ADDRESSES section of this notice.
Title of Collection: Big Cat Public
Safety Act Registration.
OMB Control Number: 1018—New.
Form Number: 3–200–11.
Type of Review: Emergency clearance
of a new collection of information.
Respondents/Affected Public:
Individuals and private sector.
Respondent’s Obligation: Voluntary.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: None.

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The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).

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16660

Federal Register / Vol. 88, No. 53 / Monday, March 20, 2023 / Notices

Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2023–05590 Filed 3–17–23; 8:45 am]
BILLING CODE 4333–15–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R7–MB–2023–0001;
FF07M01000–234–FXMB12310700000; OMB
Control Number 1018–0168]

Agency Information Collection
Activities; Alaska Native Handicrafts
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act, we, the U.S.
Fish and Wildlife Service, are proposing
to renew an information collection
without change.
DATES: Interested persons are invited to
submit comments on or before May 19,
2023.
ADDRESSES: Send your comments on the
information collection request (ICR) by
one of the following methods (reference
Office of Management and Budget
(OMB) Control Number 1018–0168 in
the subject line of your comment):
• Internet (preferred): https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–R7–MB–2023–
0001.
• Email: [email protected].
• U.S. mail: Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, 5275 Leesburg
Pike, MS: PRB (JAO/3W), Falls Church,
VA 22041–3803.
FOR FURTHER INFORMATION CONTACT:
Madonna L. Baucum, Service
Information Collection Clearance
Officer, by email at [email protected],
or by telephone at (703) 358–2503.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act (PRA; 44 U.S.C. 3501 et
seq.) and its implementing regulations
at 5 CFR 1320.8(d)(1), all information
collections require approval under the

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SUMMARY:

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17:19 Mar 17, 2023

Jkt 259001

PRA. We may not conduct or sponsor
and you are not required to respond to
a collection of information unless it
displays a currently valid OMB control
number.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we invite the public and other
Federal agencies to comment on new,
proposed, revised, and continuing
collections of information. This helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand our
information collection requirements and
provide the requested data in the
desired format.
We are especially interested in public
comment addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: The Migratory Bird Treaty
Act of 1918 (16 U.S.C. 712(1))
authorizes the Secretary of the Interior,
in accordance with the treaties with
Canada, Mexico, Japan, and Russia, to
‘‘issue such regulations as may be
necessary to assure that the taking of
migratory birds and the collection of
their eggs, by the indigenous inhabitants
of the State of Alaska, shall be permitted
for their own nutritional and other

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essential needs, as determined by the
Secretary of the Interior, during the
Alaska spring and summer migratory
bird subsistence harvest seasons so as to
provide for the preservation and
maintenance of stocks of migratory
birds.’’ Article II(4)(b) of the Protocol
between the United States and Canada
amending the 1916 Convention for the
Protection of Migratory Birds in Canada
and the United States (Protocol)
provides a legal basis for Alaska Native
people to be able to sell handicrafts that
contain the inedible parts of birds taken
for food during the Alaska spring and
summer migratory bird subsistence
harvest. The Protocol also dictates that
sales would be allowed in strictly
limited situations, pursuant to a
regulation by a competent authority in
cooperation with management bodies.
The Protocol does not authorize the
taking of migratory birds for commercial
purposes.
In 2017, we issued a final rule (July
24, 2017, 82 FR 34263), developed
under a co-management process
involving the Alaska Department of Fish
and Game and Alaska Native
representatives, that amended the
permanent migratory bird subsistence
harvest regulations at 50 CFR 92.6 to
enable Alaska Native people to sell
authentic native articles of handicraft or
clothing that contain inedible
byproducts from migratory birds that
were taken for food during the Alaska
migratory bird subsistence harvest
season. Article II(4)(b) of the Protocol
dictates that sales will be under strictly
limited situations. The sale by Alaska
Native people of a limited number of
handicrafts containing inedible
migratory bird parts provides a small
source of additional income that we
conclude is necessary for the ‘‘essential
needs’’ of Alaska Native people in
predominantly rural Alaska. This
limited opportunity for sale is
consistent with the language of the
Protocol and is expressly noted in the
Letter of Submittal dated May 20, 1996,
for the Treaty Protocol, specifically
Article II(4)(b) of the Protocol, to be
consistent with the customary and
traditional uses of Alaska Native people.
The activity by Alaska Native people is
also consistent with the preservation
and maintenance of migratory bird
stocks.
Alaska Native artists will show
eligibility with a Tribal enrollment card,
Bureau of Indian Affairs card, or
membership in the Silver Hand
program. The State of Alaska Silver
Hand program helps Alaska Native
artists promote their work in the
marketplace and enables consumers to
identify and purchase authentic Alaska

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