[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Notices]
[Pages 36616-36619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15987]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-HQ-LE-2019-N065; FF09L00200-FX-LE18110900000; OMB Control Number 
1018-0012]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Declaration 
for Importation or Exportation of Fish or Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we, 
the U.S. Fish and Wildlife Service (Service), are proposing to renew an 
information collection.

DATES: Interested persons are invited to submit comments on or before 
August 28, 2019.

ADDRESSES: Send written comments on this information collection request 
(ICR) to the Office of Management and Budget's Desk Officer for the 
Department of the Interior by email at [email protected]; or 
via facsimile to (202) 395-5806. Please provide a copy of your comments 
to the Service Information Collection Clearance Officer, U.S. Fish and 
Wildlife Service, MS: AMAD-ARM-PPM, 5275 Leesburg Pike, Falls Church, 
VA 22041-3803 (mail); or by email to [email protected]. Please 
reference OMB Control Number 1018-0012 in the subject line of your 
comments.

FOR FURTHER INFORMATION CONTACT: To request additional information 
about this ICR, contact Madonna L. Baucum, Service Information 
Collection Clearance Officer, by email at [email protected], or by 
telephone at (703) 358-2503. You may also view the ICR at http://www.reginfo.gov/public/do/PRAMain.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act of 1995, we provide the general public and other Federal agencies 
with an opportunity 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.
    On February 1, 2019, we published a Federal Register notice 
soliciting

[[Page 36617]]

comments on this collection of information for 60 days, ending on April 
2, 2019 (84 FR 1197). We received the following comments in response to 
the Federal Register notice:
    Comment 1: Email comment received on February 1, 2019. The 
commenter requested the law be changed to prohibit international trophy 
hunting.
    FWS Response to Comment 1: These comments did not address the 
collection of information using Form 3-177 and the related burden. No 
action taken.
    Comment 2: Email comment on behalf of Robertson, Monagle & 
Eastaugh, received March 29, 2019. The author requested the Service 
revise its user fee system as it applies to commercial squid fisheries.
    FWS Response to Comment 2: These comments did not address the 
collection of information using Form 3-177 and the related burden. 
Adoption of these comments would require a proposed rule to revise 50 
CFR part 14. A Service rulemaking action would be a process separate 
from these information collection requirements.
    Comment 3: Email comment on behalf of the Humane Society of the 
United States, received April 1, 2019. The comments were supportive of 
the need to collect information using Form 3-177 and our estimation of 
the related burden. However, the commenter raised the concern that 
submission of information through U.S. Customs and Border Protection's 
(CBP) Automated Commercial Environment (ACE), including the use of 
Census' Automated Export System (AES), could result in the information 
possibly being no longer available to enable the Service to implement 
its legislative and CITES Treaty obligations, and that the information 
might be no longer available to the public to exercise their rights to 
petition the government or take other actions.
    FWS Response to Comment 3: The submission of information through 
CBP's ACE and AES systems will not result in a loss of data impacting 
the Service's ability to meet its obligations or the ability of the 
public to exercise their rights. Rather, we will re-route this 
information for entry into the Service's Law Enforcement Management 
Information System (LEMIS).
    Comment 4: Letter dated March 28, 2019, on behalf of Friends of 
Animals, received by the Service on April 2, 2019. These comments 
addressed the Service's Low Risk Fee Exemption Program and its negative 
impact on wildlife resources and the Service's inspection program.
    FWS Response to Comment 4: These comments did not address the 
collection of information using Form 3-177 and the related burden. 
Adoption of these comments would require a proposed rule to revise 50 
CFR part 14. A Service rulemaking action would be a process separate 
from these information collection requirements.
    Comment 5: Email on behalf of Safari Club International (SCI), 
dated April 2, 2019. SCI's comments did not address the collection of 
information using Form 3-177 and the related burden. Rather, these 
comments addressed the disclosure of personal information contained on 
Form 3-177 and found in LEMIS. See below for descriptions of and FWS 
responses to the comments.
    FWS Response to Comment 5: SCI requested changes to Form 3-177 and 
its supporting information, requesting that the Service amend Form 3-
177 to include a statement, to which the respondent could opt to agree, 
that the Service must maintain information contained on Form 3-177 in 
confidence and that we will not disclose the information in response to 
requests made under the Freedom of Information Act (FOIA) or any other 
law. However, the Service cannot include such an amendment to Form 3-
177, because we must release information included on the form when 
requested, subject to the provisions of the FOIA.
    In addition, SCI requested revisions to the language to the 
supporting information contained on Form 3-177, in particular, the 
``Routine Uses'' and ``Disclosure'' text on the Notices page. SCI 
requested that the information included on Form 3-177 only be used for 
law enforcement purposes, and that information other than personal 
information may be subject to disclosure under the FOIA. The Service 
cannot include such a revision because we must release information 
included on the form when requested, subject to the provisions of the 
FOIA. SCI also requested additional revisions to the language to the 
supporting information contained on Form 3-177, in particular, the 
``Disclosure'' and ``Paperwork Reduction Act Statement'' text on the 
Notices page. SCI requested that the language used in these statements 
be revised to indicate that the information requested on the form is 
involuntary, rather than voluntary. However, the Service considers the 
information requested on the form to be voluntary, in order to obtain 
or retain a benefit.
    We are again soliciting comments on the proposed ICR that is 
described below. We are especially interested in public comment 
addressing the following issues: (1) Is the collection necessary to the 
proper functions of the Service; (2) will this information be processed 
and used in a timely manner; (3) is the estimate of burden accurate; 
(4) how might the Service enhance the quality, utility, and clarity of 
the information to be collected; and (5) how might the Service minimize 
the burden of this collection on the respondents, including through the 
use of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. 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 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 Endangered Species Act (Act; 16 U.S.C. 1531 et seq.) 
makes it unlawful to import or export fish, wildlife, or plants without 
filing a declaration or report deemed necessary for enforcing the Act 
or upholding the Convention on International Trade in Endangered 
Species (CITES) (see 16 U.S.C. 1538(e)). With a few exceptions, 
businesses, individuals, or government agencies importing into or 
exporting from the United States any fish, wildlife, or wildlife 
product must complete and submit to the Service an FWS Form 3-177 
(Declaration for Importation or Exportation of Fish or Wildlife). This 
form, as well as FWS Form 3-177a (Continuation Sheet) and instructions 
for completion, are available for electronic submission at https://edecs.fws.gov. These forms are also available in fillable format at 
http://www.fws.gov/forms/. The information that we collect is unique to 
each wildlife shipment and enables us to:
     Accurately inspect the contents of the shipment;
     Enforce any regulations that pertain to the fish, 
wildlife, or wildlife products contained in the shipment; and
     Maintain records of the importation and exportation of 
these commodities.
    Businesses or individuals must file FWS Forms 3-177 and 3-177a with 
us at the time when and at the port where they request clearance of the 
import or export of wildlife or wildlife products. Our regulations 
allow certain species of wildlife to be imported or exported between 
the United States and Canada or Mexico at U.S. Customs and Border 
Protection ports, even though our wildlife inspectors may not be 
present. In these instances, importers and exporters may file the forms 
with U.S.

[[Page 36618]]

Customs and Border Protection. We collect the following information:
    (1) Name of the importer or exporter and broker.
    (2) Scientific and common name of the fish or wildlife.
    (3) Permit numbers (if permits are required).
    (4) Description, quantity, and value of the fish or wildlife.
    (5) Natural country of origin of the fish or wildlife.
    In addition, certain information, such as the airway bill or bill 
of lading number, the location of the shipment containing the fish or 
wildlife for inspection, and the number of cartons containing fish or 
wildlife, assists our wildlife inspectors if a physical examination of 
the shipment is necessary.
    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. 
Businesses that possess a valid Service import/export license may 
request to participate in the fee exemption program through our 
electronic filing system (eDecs). Qualified licensees must create an 
eDecs filer account as an importer or exporter if they do not already 
have one, and file their required documents electronically.
    To be an approved participating business in the program and receive 
an exemption from the designated port base inspection fee, the licensed 
business must certify that it will exclusively import or export 
nonliving wildlife that is not listed as injurious under 50 CFR part 16 
and does not require a permit or certificate under 50 CFR parts 15 
(Wild Bird Conservation Act), 17 (Endangered Species Act), 18 (Marine 
Mammal Protection Act), 20 and 21 (Migratory Bird Treaty Act), 22 (Bald 
and Golden Eagle Protection Act), or 23 (the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora). The 
requesting business also must certify that it will exclusively import 
or export the above types of wildlife shipments where the quantity in 
each shipment of wildlife parts or products is 25 or fewer and the 
total value of each wildlife shipment is $5,000 or less. Any licensed 
business that has more than two wildlife shipments that were refused 
clearance in the 5 years prior to its request is not eligible for the 
program. In addition, any licensees that have been assessed a civil 
penalty, issued a notice of violation, or convicted of a misdemeanor or 
felony violation involving wildlife import or export will not be 
eligible to participate in the program.
    We are also requesting OMB's continued 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 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 the Service does not mandate importers or exporters 
to use ACE and AES to file Service data at this time, we will begin 
collection of data in ACE as an alternative to eDecs. If importers file 
in ACE, they will not file in eDecs.
    Title of Collection: Declaration for Importation or Exportation of 
Fish or Wildlife, 50 CFR 14.61-14.64 and 14.94(k)(4).
    OMB Control Number: 1018-0012.
    Form Number: 3-177 and 3-177a.
    Type of Review: Extension of a currently approved collection.
    Respondents/Affected Public: Businesses or individuals that import 
or export fish, wildlife, or wildlife products; scientific institutions 
that import or export fish or wildlife scientific specimens; and 
government agencies that import or export fish or wildlife specimens 
for various purposes.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: None.

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                                                  Annual  number                    Completion
                   Requirement                           of        Total annual      time per      Total annual
                                                    respondents      responses       response     burden hours *
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                                     FWS Form 3-177 Hard Copy (Upon Import)
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Individuals.....................................           8,996           9,569      15 minutes           2,392
Private Sector..................................             128             347      15 minutes              87
Government......................................               0               0      15 minutes               0
                                                 ---------------------------------------------------------------
    Subtotals:..................................           9,124           9,916  ..............           2,479
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                                     FWS Form 3-177 Hard Copy (Upon Export)
----------------------------------------------------------------------------------------------------------------
Individuals.....................................             717             881      15 minutes             220
Private Sector..................................              30              43      15 minutes              11
Government......................................               0               0      15 minutes               0
                                                 ---------------------------------------------------------------
    Subtotals:..................................             747             924  ..............             231
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                                             eDecs/ACE (Upon Import)
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Individuals.....................................          21,567          25,030      10 minutes           4,172
Private Sector..................................          13,005         120,035      10 minutes          20,006
Government......................................              46              90      10 minutes              15
                                                 ---------------------------------------------------------------
    Subtotals:..................................          34,618         145,155  ..............          24,193
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                                               eDecs (Upon Export)
----------------------------------------------------------------------------------------------------------------
Individuals.....................................             975           1,930      10 minutes             322

[[Page 36619]]

 
Private Sector..................................           2,548          32,230      10 minutes           5,372
Government......................................              36              68      10 minutes              11
                                                 ---------------------------------------------------------------
    Subtotals:..................................           3,559          34,228  ..............           5,705
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                           eDecs--Confirmation Number (Automated Export System (AES))
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Private Sector..................................           1,824          35,175        1 minute             586
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               Automated Commercial Environment (ACE)/AES Disclaimer (and Accompanying Documents)
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Private Sector..................................           5,000         500,000        1 minute           8,333
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                                       eDecs--Fee Exemption Certification
----------------------------------------------------------------------------------------------------------------
Private Sector..................................              42           2,906        1 minute              48
                                                 ---------------------------------------------------------------
        Totals..................................          54,914         728,304  ..............          41,575
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* 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.).

    Dated: July 23, 2019.
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service.
[FR Doc. 2019-15987 Filed 7-26-19; 8:45 am]
BILLING CODE 4333-15-P