[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16657-16660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05590]


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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

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 emergency 
clearance of a new collection of information.

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 ``1018-BCPSA 
Registration'' in the subject line of your comment):
     Internet (preferred): https://www.regulations.gov. Follow 
the 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 [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-of-contact 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.
    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

[[Page 16658]]

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 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 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,

[[Page 16659]]

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.

     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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                                                                                      Average
                                  Average number  Average number  Average number    completion       Estimated
           Requirement               of annual     of responses      of annual       time per      annual burden
                                    respondents        each          responses       response          hours
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Initial Registration (Form 3-200-
 11):
    Individuals.................           2,000            1.25           2,500               1           2,500
    Private Sector..............           2,000            1.25           2,500               1           2,500
Amendments (Form 3-200-11):
    Individuals.................             250               1             250             0.2              50
    Private Sector..............             250               1             250             0.2              50
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        Totals..................           4,500  ..............           5,500  ..............           5,500
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    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.).


[[Page 16660]]


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