[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Rules and Regulations]
[Pages 38358-38375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12636]
[[Page 38357]]
Vol. 88
Monday,
No. 112
June 12, 2023
Part IV
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 14
Regulations To Implement the Big Cat Public Safety Act; Interim Rule
Federal Register / Vol. 88, No. 112 / Monday, June 12, 2023 / Rules
and Regulations
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 14
[Docket No. FWS-HQ-IA-2023-0068; FXIA16710900000-234-FF09A30000]
RIN 1018-BH23
Regulations To Implement the Big Cat Public Safety Act
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Interim rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are amending
our implementing regulations for the Captive Wildlife Safety Act (CWSA)
by incorporating the requirements of the Big Cat Public Safety Act
(BCPSA) in the CWSA regulations. On December 20, 2022, the BCPSA
amended the Lacey Act Amendments of 1981 to clarify provisions enacted
by the CWSA and to further the conservation of certain wildlife
species. The BCPSA makes it unlawful to import, export, transport,
sell, receive, acquire, or purchase in interstate or foreign commerce,
or in a manner substantially affecting interstate or foreign commerce,
or breed or possess prohibited wildlife species (lions, tigers,
leopards, snow leopards, clouded leopards, jaguars, cheetahs, and
cougars, or any hybrids thereof), with certain exceptions. The BCPSA
also requires an entity or individual who does not qualify for one of
the other exceptions and is in possession of any prohibited wildlife
species to register each such animal with the Service not later than
June 18, 2023, allowing pre-BCPSA owners to register their pre-BCPSA
big cats to continue to possess them under the pre-BCPSA exception.
DATES: This rule is effective June 12, 2023. Comments on this interim
rule and the information collection requirements contained in it must
be received by August 11, 2023.
Information collection requirements: If you wish to comment on the
information collection requirements in this rule, please note that the
Office of Management and Budget (OMB) is required to make a decision
concerning the collection of information contained in this rule between
30 and 60 days after publication of this rule in the Federal Register.
Therefore, comments should be submitted to OMB, with a copy to the
Service Information Collection Clearance Officer, U.S. Fish and
Wildlife Service, (see ``Information Collection'' section below under
ADDRESSES) by August 11, 2023.
ADDRESSES: You may submit comments on this interim rule by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-HQ-IA-2023-0068,
which is the docket number for this rulemaking. Then click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, click on the Rules link to
locate this document. You may submit a comment by clicking on
``Comment.'' Please ensure that you have found the correct rulemaking
before submitting your comment.
(2) By hard copy: U.S. mail: Public Comments Processing, Attn: FWS-
HQ-IA-2023-0068; U.S. Fish and Wildlife Service; MS: PRB/3W; 5275
Leesburg Pike; Falls Church, VA 22041-3803.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).
Send comments on the information collection requirements contained
in this interim rule to the Service Information Collection Clearance
Officer, U.S. Fish and Wildlife Service, by email to [email protected];
or by mail to 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, VA
22041-3803.
Information collection requirements: Written comments and
suggestions on the information collection requirements should be
submitted within 60 days of publication of this document to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. Please provide a copy of
your comments to the Service Information Collection Clearance Officer,
U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W),
Falls Church, VA 22041-3803 (mail); or [email protected] (email).
Please reference ``OMB Control Number 1018-0192'' in the subject line
of your comments.
FOR FURTHER INFORMATION CONTACT: Naimah Aziz, U.S. Fish and Wildlife
Service, Department of the Interior, MS: IA, 5275 Leesburg Pike, Falls
Church, VA 22041-3803; (571) 218-5019. 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:
Background
The Big Cat Public Safety Act (BCPSA) was signed into law on
December 20, 2022 (Pub. L. 117-243). The purpose of the BCPSA is to
amend the Lacey Act Amendments of 1981 (16 U.S.C. 3371-3378) to clarify
provisions enacted by the Captive Wildlife Safety Act (CWSA) and to
further the conservation of certain wildlife species, including to end
private ownership of big cats as pets and also to prohibit exhibitors
from allowing direct public contact with big cats, including cubs. The
BCPSA helps to ensure the health and welfare of big cats, protects the
public from the dangers associated with private ownership of big cats,
and strengthens the Service's ability to combat wildlife trafficking.
In this interim rule, we are implementing the BCPSA by amending subpart
K of part 14, Importation, Exportation, and Transportation of Wildlife,
in title 50 of the Code of Federal Regulations (CFR) to incorporate the
new definitions, prohibitions, and exceptions under the BCPSA.
In the early 1900s, Congress recognized the need to support States
in protecting game animals and birds by prohibiting the interstate
shipment of wildlife killed in violation of State or Territorial laws.
Today this legislation is known as the Lacey Act. Most significantly
amended in 1981, the Lacey Act makes it unlawful to import, export,
transport, sell, receive, acquire, or purchase fish, wildlife, or
plants taken, possessed, transported, or sold in violation of any
Federal, State, foreign, or Native American Tribal law, treaty, or
regulation. The Lacey Act applies to all fish and wildlife (including
their parts or products) and to wild plants (including plant parts)
that are indigenous to the United States and are included in the
Appendices to the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) or are listed under a State
conservation law.
The CWSA was signed into law on December 19, 2003 (Pub. L. 108-
191). The purpose of the CWSA was to amend the Lacey Act Amendments of
1981 to further the conservation of certain wildlife species and to
protect the public from dangerous animals. The CWSA was enacted in
response to concerns that the Lacey Act did not explicitly address the
problem of the increasing trade in big cat species. Although the number
of big cats kept as
[[Page 38359]]
pets cannot be reliably estimated due to the patchwork nature of State
laws regarding possession of big cats and other exotic wildlife, at the
time of enactment of the CWSA, the number of big cats kept as pets in
the United States was estimated to number in the thousands. That trade
has been driven in part by an increase in internet sales and auctions,
and the increase in popularity of this trade has raised concerns for
public safety as well as for the welfare of the big cats. The CWSA made
it illegal to import, export, transport, sell, receive, acquire, or
purchase, in interstate or foreign commerce, live lions, tigers,
leopards, snow leopards, clouded leopards, cheetahs, jaguars, or
cougars, or any hybrid thereof, unless certain exceptions applied.
Prior to the enactment of the BCPSA, the United States had no
Federal law regarding the possession or breeding of big cats, except
where there is a violation of another Federal law, such as take under
the Endangered Species Act or international trade contrary to CITES.
The legislative history of the BCPSA, and in particular U.S. House of
Representatives Report No. 117-428 (July 22, 2022), notes that State
laws vary, with some having no restrictions, some requiring
registration, and others altogether banning ownership of big cats as
pets. According to the House report, an estimated 20,000 big cats,
including tigers, lions, jaguars, leopards, cougars, and hybrids, are
currently kept in private ownership in the United States. The report
also notes that privately owned big cats are often purchased as cubs or
bred for photo opportunities, but then, as the animals outgrow that
use, they are sold into the exotic pet trade or the illegal market.
The House report notes that privately owned big cats typically live
in inadequate conditions that also threaten public safety. It
references a Humane Society of the United States publication noting
that, since 1990, around 300 dangerous incidents involving big cats in
the United States have resulted in human injuries, mauling, and death.
Furthermore, big cats are often purchased when young, and many owners
are unable to cope with the high-maintenance needs of mature big cats.
The report points out that the burden of caring for big cats that are
abandoned because they are too dangerous to keep or too expensive to
care for properly often falls to already financially strained
sanctuaries or humane societies.
Taking into account the above information, Congress has recognized
the need to end the private ownership of big cats as pets and prohibit
exhibitors from allowing public contact with big cats, including cubs.
The BCPSA builds on and amends the CWSA by making it illegal to
privately possess or breed lions, tigers, leopards, snow leopards,
clouded leopards, cheetahs, jaguars, or cougars, or any hybrid thereof.
The BCPSA also makes it illegal to import, export, transport, sell,
receive, acquire, or purchase big cats in a manner substantially
affecting interstate or foreign commerce, including intrastate
activities. The BCPSA also makes it illegal to attempt to commit any of
these new prohibitions with big cats.
Current private owners are granted a one-time 180-day period in
which to register their big cats under the BCPSA, allowing them to keep
their current animals if they register them with the Service and meet
all the BCPSA requirements, as described below. Certain entities
outlined in the statute, including exhibitors with valid U.S.
Department of Agriculture (USDA) Class C licenses, State agencies,
State colleges and universities, State-licensed veterinarians, and
wildlife sanctuaries, that meet the requirements for other BCPSA
exceptions are not required to register their big cats with the
Service.
Basis for Regulatory Changes
As noted above, in this interim rule, we are implementing the BCPSA
by amending 50 CFR part 14, subpart K, Importation, Exportation, and
Transportation of Wildlife, to incorporate the new definitions,
prohibitions, and exceptions under the BCPSA. The BCPSA, at 16 U.S.C.
3376(a)(3), provides that the Secretary shall promulgate any
regulations necessary to implement the prohibitions and exceptions of
the BCPSA (16 U.S.C. 3372(e)).
As previously noted, the BCPSA was signed into law on December 20,
2022 (Pub. L. 117-243, December 20, 2022, 136 Stat. 2336 (amending the
CWSA and Lacey Act Amendments of 1981, 16 U.S.C. 3371-3374, 3376, and 7
U.S.C. 1997)). The BCPSA clarifies and updates provisions enacted by
the CWSA, placing new restrictions on commerce in and possession,
breeding, and use (including public contact) of certain big cat species
(referred to in the BCPSA as ``prohibited wildlife species'') to
address threats to public safety posed by lions, tigers, leopards, snow
leopards, clouded leopards, jaguars, cheetahs, cougars, and any hybrids
thereof, particularly those currently kept in private ownership in the
United States, and to further the conservation of these wildlife
species.
The new provisions of the BCPSA are addressed in this interim rule.
The BCPSA:
added a new definition of ``breed'' (16 U.S.C. 3371(a));
added a new prohibition on breeding any prohibited
wildlife species (16 U.S.C. 3372(e)(1)(B));
added a new prohibition on possession of any prohibited
wildlife species (16 U.S.C. 3372(e)(1)(B));
maintained prohibitions on import, export, transport,
sale, receipt, acquisition, or purchase in interstate or foreign
commerce of any prohibited wildlife species (16 U.S.C. 3372(e)(1)(A);
added new prohibitions on import, export, transport, sale,
receipt, acquisition, or purchase in a manner substantially affecting
interstate or foreign commerce of any prohibited wildlife species,
including intrastate activities (16 U.S.C. 3372(e)(1)(A));
updated the prohibition on attempting to commit any act
prohibited by the CWSA to include any act prohibited by the BCPSA (16
U.S.C. 3372(a)(4));
revised exceptions for USDA-licensed/registered
exhibitors, including by:
[cir] limiting the exception to an entity exhibiting animals to the
public under a Class C license from the USDA, or a Federal facility
registered with the USDA that exhibits animals, if such entity or
facility holds such license or registration in good standing (16 U.S.C.
3372(e)(2)(A));
[cir] prohibiting physical contact with big cats except for people
who meet certain professional training requirements, licensed
veterinarians (or a veterinary student accompanying such a
veterinarian), or noncommercial contact necessary to directly support
conservation needs for the species pursuant to a species-specific,
publicly available, peer-edited population management and care plan
submitted to the Service for consideration and approval in accordance
with specific criteria in the BCPSA (16 U.S.C. 3372(e)(2)(A)(i));
[cir] prohibiting public contact with big cats through the
establishment of requirements that during public exhibition of a lion,
tiger, leopard, snow leopard, jaguar, cougar, or any hybrid thereof,
the animal is at least 15 feet from the public or behind a permanent
barrier sufficient to prevent public contact (16 U.S.C.
3372(e)(2)(A)(ii));
maintained exceptions for State colleges, State
universities, State agencies, and State-licensed veterinarians, but
removed the
[[Page 38360]]
exception for State-licensed wildlife rehabilitators (16 U.S.C.
3372(e)(2)(B));
revised exceptions for wildlife sanctuaries, including by
clarifying terminology and prohibiting the transportation and display
of any prohibited wildlife species offsite (16 U.S.C. 3372(e)(2)(C));
and
added a new pre-BCPSA exception allowing pre-BCPSA owners
to register their pre-BCPSA big cats to continue to possess them, as
described in greater detail below (16 U.S.C. 3372(e)(2)(E)).
The prohibitions and exceptions of the BCPSA entered into effect
when the BCPSA was signed into law on December 20, 2022 (also referred
to as the date of enactment). This rulemaking action updates the
regulations in 50 CFR part 14, subpart K, to conform to current law.
Notwithstanding 50 CFR part 14, subpart K, any act prohibited by the
BCPSA following its enactment is currently unlawful, unless a relevant
exception under the BCPSA applies. To the extent of a conflict or
inconsistency with the regulations implementing the CWSA at 50 CFR part
14, subpart K, the BCPSA statute is controlling.
``Prohibited wildlife species'' (also referred to as ``big cats'')
is defined by statute 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 list 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) (16 U.S.C. 3371(h); 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 was
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 within 180 days after the date of enactment; must not
breed, acquire, or sell big cats after the date of enactment; and must
not allow direct contact between the public and their big cats (16
U.S.C. 3372(e)(2)(E)(i)-(iii); 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 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 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 Service no later than June 18, 2023. To comply with
the requirements of the BCPSA, the Service provided the public with
notice of the BCPSA registration form and sought Office of Management
and Budget (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 information to verify eligibility to
possess big cats under the BCPSA in accordance with 16 U.S.C.
3372(e)(2)(E). The BCPSA emergency information collection for the BCPSA
registration form was approved and assigned OMB Control Number 1018-
0192. The OMB approval is valid for only 6 months and expires October
31, 2023 (See 88 FR 16657, March 20, 2023, Agency Information
Collection Activities; Big Cat Public Safety Act Registration.).
The Service further announced the availability of the registration
form on its website on April 18, 2023: https://www.fws.gov/media/3-200-11-big-cat-public-safety-act-registration-form Big cats bred or
possessed in violation of the BCPSA and any big cat that is not
registered on or before June 18, 2023, is 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)). The other exceptions apply only to
qualifying entities exhibiting big cats to the public under a Class C
license from the USDA, or a Federal facility registered with the USDA
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 Service by no later than 180 days after the date of enactment of
the BCPSA (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 (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 enactment of the BCPSA (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 December 20, 2022, the date of
enactment of the BCPSA, except as described below for a big cat born on
or after December 20, 2022, from breeding that occurred before that
date (16 U.S.C. 3372(e)(2)(E));
Not have been acquired by the registrant after the date of
enactment (i.e., was legally in the registrant's possession on or
before December 20, 2022, and has 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 Service by no
later than 180 days after the date of enactment of the BCPSA (i.e., no
later than June 18, 2023) (16 U.S.C. 3372(e)(2)(E)(i)).
To register with the Service and thereby ensure compliance with
these requirements for each individual big cat and ensure sufficient
information to differentiate among individual big cats, the registrant
must:
Mark each individual animal of each prohibited wildlife
species with a unique identifier that is either a tattoo or a
microchip.
Provide the Service with detailed information for each big
cat or hybrid big cat:
1. Common name of big cat or hybrid big cat;
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2. Name given to individual big cat, if applicable;
3. Genus, species, and subspecies;
4. Birthdate and date of acquisition, including supporting
documentation;
5. Unique identifier information (i.e., microchip or tattoo);
6. Sex;
7. Description (e.g., eye color, scars, ear tags);
8. Photographs of big cat;
9. Physical location of individual big cat (if different from
registrant's contact information);
10. Protocols taken to prevent intentional or unintentional
breeding;
11. Protocols taken to prevent direct contact between the public
and prohibited wildlife species; and
12. Copies of all local, State, or Federal licenses held in
relation to the big cats, if applicable.
Update the registration with the Service within 10
calendar days when a big cat dies or when there is any change in:
1. The location where the big cat is housed;
2. Protocols taken to prevent breeding;
3. Protocols taken to prevent direct contact between the public and
big cat;
4. Ownership; or
5. Unique identifier.
As has previously been the case for excepted wildlife sanctuaries,
excepted USDA-licensed entities, USDA-registered Federal facilities,
and registered pre-BCPSA owners will also be required to maintain
records of their BCPSA activities with big cats.
The Service recognizes that some big cats may have been conceived
before the effective date of the BCPSA that were subsequently born on
or after the effective date of the BCPSA. The BCPSA provides for
registration under 16 U.S.C. 3372(e)(2)(E) by an individual or entity
in possession of one or more big cats born before the effective date of
the BCPSA. 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 in 16 U.S.C. 3372(e)(2)(E) 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 (See Vartelas v. Holder, 566 U.S. 257 (2012)
(recognizing deeply rooted presumption against retroactive application
of legislation unless Congress has unambiguously instructed
retroactivity).). Under the requirements of 16 U.S.C.
3372(e)(2)(E)(ii)-(iii), after December 20, 2022, the registrant is
prohibited from breeding, acquiring, or selling big cats, and from
allowing direct contact between the public and big cats. The BCPSA
requires that, to keep and possess the parent under the limited
exception of 16 U.S.C. 3372(e)(2)(E), the owner must register the
parent and each big cat legally in the owner's possession (16 U.S.C.
3372(e)(2)(E)(i)), which the Service reads to include any cub conceived
before but born to the parent after 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 retain possession of big cats that were
born on or after the effective date of the BCPSA from breeding that
occurred legally before the effective date of the BCPSA, such big cats
will be considered eligible for registration under 16 U.S.C.
3372(e)(2)(E)(i). In addition to meeting all the other requirements
above, such big cats may be registered if the registrant includes
documentation demonstrating that the conception of the big cat occurred
before the date of enactment of the BCPSA (December 20, 2022). 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, except as otherwise 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.
This reading of the BCPSA recognizes that a prerequisite for
registration under 16 U.S.C. 3372(e)(2)(E) is ownership of one or more
big cats born before the enactment of the BCPSA. However, reading the
provisions of 16 U.S.C. 3372(e)(2)(E) and subparagraphs (i)-(iii)
together, Congress did not intend to prohibit registration of the cubs
of such big cats legally bred before the enactment of the BCPSA,
provided they and all other big cats owned by the registrant were not
acquired by the owner after December 20, 2022, are registered by June
18, 2023, and are not bred, sold, or allowed in direct contact with the
public after December 20, 2022. The public safety and conservation
purposes of the BCPSA are met through this reading, because: All pre-
BCPSA owners of prohibited wildlife species that do not qualify for
another BCPSA exception are required to register each of their big cats
to continue to possess them and must not allow them to come into direct
contact with the public; no new breeding, acquisition, or sale of
prohibited wildlife species by registrants may occur after the
enactment of the BCPSA; and no new cubs resulting from such prohibited
breeding, acquisition, or sale may be registered.
An alternative reading that is not adopted by this rulemaking would
preclude a pre-BCPSA owner from registering big cats conceived before
the date of enactment of the BCPSA, that were subsequently born on or
after the date of enactment of the BCPSA, even though such big cats
were not bred or acquired in violation of the BCPSA. The alternative
reading would therefore subject the pre-BCPSA owner to potential
penalties and their big cats to forfeiture under the BCPSA, through
engaging in no prohibited action other than continued possession of the
cub after it is born. The pre-BCPSA owner's only options would be to
abandon the cub to the Federal Government or donate it to a BCPSA-
excepted exhibitor, State college, State university, State agency,
State-licensed veterinarian, or wildlife sanctuary. The legislative
history of the BCPSA does not indicate that this alternative reading
was the intent of Congress in enacting the BCPSA.
Once registered, it remains the responsibility of registrants and
other individuals or entities engaging in otherwise prohibited
activities under a BCPSA exception to follow all local, territorial,
Tribal, State, and Federal laws and regulations for possession of and
other activities with prohibited wildlife species. Registration and
other exceptions under the BCPSA do 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
[[Page 38362]]
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). The
legislative history is clear that where State laws have varied in their
restrictions on commerce in or possession, breeding, or use (including
public contact) of big cats, the BCPSA establishes uniform Federal
policy, and Congress intended the BCPSA to supersede or preempt State
law under the Supremacy Clause of the Constitution to the extent that
it may permit what is prohibited by the BCPSA with regard to commerce
in, possession, breeding, or use (including public contact) of big cats
(H. Rept. No. 117-428, pp. 4, 32; July 22, 2022).
For any individual or entity that does not qualify for another
BCPSA exception, does not qualify for the pre-BCPSA exception, does not
want to register, or otherwise no longer wishes to possess their big
cat, there are responsible options available to comply with the BCPSA.
The pre-BCPSA exception at 16 U.S.C. 3372(e)(2)(E) does not allow pre-
BCPSA owners to acquire additional big cats after December 20, 2022.
They may register their pre-BCPSA big cats only to continue to possess
their pre-BCPSA big cats; they may not acquire big cats from other
owners. Therefore, such persons may make arrangements to donate their
big cat to another person or entity that qualifies to possess big cats
under one of the other exceptions of the BCPSA outlined in 16 U.S.C.
3372(e)(2)(A)-(C). Pursuant to the requirements of the BCPSA, the
disposition transaction must not be reasonably likely to result in
economic use, gain, or benefit, including, but not limited to, profit
(whether in cash or in kind). As noted above, these are qualifying
entities exhibiting animals to the public under a Class C license from
the USDA, or a Federal facility registered with the USDA that exhibits
animals; State colleges, State universities, State agencies, or State-
licensed veterinarians; or a qualifying wildlife sanctuary.
Each person involved in an otherwise prohibited activity must
qualify for a BCPSA exception that applies to that activity for the
activity to be excepted from BCPSA prohibitions. A licensed exhibitor
that qualifies under 16 U.S.C. 3372(e)(2)(A) may, for example, sell to,
purchase from, or engage in a breeding loan with another licensed
exhibitor that qualifies under 16 U.S.C. 3372(e)(2)(A). However, for
example, in accordance with 16 U.S.C. 3372(e)(1), (e)(2)(C), and
(e)(2)(E), a licensed exhibitor may not sell to, purchase from, or
engage in a breeding loan with a person or entity that does not qualify
for a BCPSA exception, a wildlife sanctuary, or an individual or entity
that registers under the pre-BCPSA exception. This is the case because
a person who does not qualify for a BCPSA exception, a wildlife
sanctuary, or an individual or entity that registers under the pre-
BCPSA exception may neither engage in commerce with big cats nor breed
big cats.
For additional example, under the BCPSA a prohibited wildlife
species may not be exported from the United States to a foreign entity
except for purposes of reintroduction to the wild in coordination with
and under the authority of a foreign government. The BCPSA, and the
CWSA it amends, are intended to regulate activities with big cats in
captivity; they are not intended to foreclose the possibility of
reintroduction to the wild, if the need and opportunity arise in the
future for such conservation activities. The only foreign entity that
might qualify for a BCPSA exception to possess the wildlife in
captivity would be a wildlife sanctuary under 16 U.S.C. 3372(e)(2)(C),
and at this time we have no ability to verify and enforce compliance
with the requirements of the BCPSA for a potential foreign wildlife
sanctuary. Thus, at this time we would be unable to issue a permit to
authorize export to a foreign entity for holding in captivity, even if
all of the other requirements of subchapter B of chapter I of title 50
CFR are met (including parts 13, 14, 17, and 23). We will consider
comments on whether our final regulations should include provisions for
establishing comity agreements with foreign governments to allow for
transfer of big cats to a foreign wildlife sanctuary that meets all of
the requirements of 16 U.S.C. 3372(e)(2)(C). On the other hand, we may
be able to authorize import of prohibited wildlife species to an entity
that qualifies for a BCPSA exception under 16 U.S.C. 3372(e)(2)(A)-(C)
if all of the other requirements of subchapter B of chapter I of title
50 CFR are met (including parts 13, 14, 17, and 23).
The Service is not presently aware of specific issues with the
management of prohibited wildlife species possessed by State colleges,
State universities, State agencies, or State-licensed veterinarians
under the BCPSA exception at 16 U.S.C. 3372(e)(2)(B). However,
consistent with the BCPSA at 16 U.S.C. 3376, the Service intends to
consult with relevant State agencies on whether there should be any
uniform recordkeeping requirements for State colleges, State
universities, State agencies, or State-licensed veterinarians, which
might later be included in the regulations. To meet the deadline for
the 180-day registration period, we have been unable to engage in such
consultations prior to publication of this interim rule and accordingly
have made no changes to the regulatory requirements for State colleges,
State universities, State agencies, or State-licensed veterinarians at
this time.
As outlined above, exhibitors with valid USDA Class C licenses and
Federal facilities registered with USDA are excepted from the BCPSA
registration requirement. However, they are prohibited by the BCPSA
from allowing direct physical contact with their big cats, except under
one of three conditions outlined in the statute. The first two
exceptions cover necessary physical contact by an individual who is (1)
a trained professional employee or contractor of the USDA-licensed
entity or USDA-registered Federal facility (or an accompanying employee
receiving professional training) or (2) a licensed veterinarian (or a
veterinary student accompanying such veterinarian) (16 U.S.C.
3372(e)(2)(A)(i)(I)-(II)). Finally, the BCPSA provides an exception if
there is direct physical contact necessary for the conservation of the
species (16 U.S.C. 3372(e)(2)(A)(i)(III)).
Under that limited conservation exception, the physical contact by
the individual must be necessary to directly support conservation
programs of the entity or facility, must not be in the course of
commercial activity (as evidenced by advertisement or promotion of such
activity or other relevant evidence), and must only be incidental to
humane husbandry conducted pursuant to a species-specific, publicly
available, peer-edited population management and care plan with
necessary justifications, which has been provided to the Service for
review and approval in accordance with the BCPSA. For example, a
financial conservation contribution (whether through ticket sales,
donation, or otherwise) in exchange for physical contact with big cats
does not qualify for an exception under the BCPSA because it would be
incompatible with these requirements and the purposes of the statute.
In considering direct physical contact with big cats that would be
allowed under such population management and care plans consistent with
the conservation purposes of the exception, we anticipate that it could
be by a trained professional employee or contractor of another excepted
entity or facility operating in accordance with the approved plan, or
by a third party researcher in the course of bona fide scientific
research on the conservation
[[Page 38363]]
of big cat species and in accordance with the approved plan.
We invite comments on elements that should be included in
population management and care plans under the BCPSA, including the
scenarios under which an individual who is not a trained professional
employee or contractor of the entity or facility, or licensed
veterinarian, would need to come into direct physical contact with the
prohibited wildlife species to directly support conservation of the
species. We also invite comments on whether any of the terms in 16
U.S.C. 3372(e)(2)(A)(i)(III) require further regulatory definition to
ensure successful implementation of population management and care
plans in accordance with the conservation purposes of this BCPSA
exception. See Public Comments below for more information.
Required Determinations
Clarity of This Rule: Executive Orders 12866 and 12988 and the
Presidential Memorandum of June 1, 1998, require us to write all rules
in plain language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in ADDRESSES. To better help us
revise the rule, your comments should be as specific as possible. For
example, you should tell us the numbers of the sections or paragraphs
that are unclearly written, which sections or sentences are too long,
the sections where you feel lists or tables would be useful, etc.
Regulatory Planning and Review--Executive Orders 12866, 13563, and
14094: Executive Order 14094 reaffirms the principles of E.O. 12866 and
E.O. 13563 and states that regulatory analysis should facilitate agency
efforts to develop regulations that serve the public interest, advance
statutory objectives, and are consistent with E.O. 12866, E.O. 13563,
and the Presidential Memorandum of January 20, 2021 (Modernizing
Regulatory Review). Regulatory analysis, as practicable and
appropriate, shall recognize distributive impacts and equity, to the
extent permitted by law. We have developed this interim rule in a
manner consistent with these requirements.
E.O. 12866, as reaffirmed by E.O. 13563 and E.O. 14094, provides
that the Office of Information and Regulatory Affairs (OIRA) in the
Office of Management and Budget (OMB) will review all significant
rules. OIRA has determined that this rulemaking action is significant.
The Service is proceeding under the emergency provision at E.O.
12866 section 6(a)(3)(D) based on the need to move expeditiously to
implement the new prohibitions and exceptions enacted under the BCPSA.
For transparency, the Service is presenting potential impacts of this
interim rule, which implements the statutory directive as enacted under
the BCPSA. The Service has minimal regulatory discretion because the
statutory requirements are self-implementing even in the absence of the
regulatory action. To clarify these impacts, we use two baselines: (1)
a pre-statutory baseline showing the substantial portions of the
impacts are a result of the statute, and (2) a post-statutory baseline
showing the minimal discretionary elements of the action.
As noted above, the BCPSA applies to live specimens of ``prohibited
wildlife species'' (also referred to as ``big cats''), which includes
the following big cat species, or hybrids of any of these species:
lion, tiger, leopard, snow leopard, clouded leopard, jaguar, cheetah,
and cougar. Current law prohibits the import, export, purchase, sale,
receipt, transport, or acquisition of big cats in interstate or foreign
commerce, including across State lines or the national border. State
regulations are fragmented, and there are no standardized databases on
private ownership.
The BCPSA set forth new prohibitions on breeding, possession, and
import, export, purchase, sale, receipt, transport, or acquisition of
big cats in a manner substantially affecting interstate or foreign
commerce, including intrastate activities. The BCPSA also revised
exceptions for USDA-licensed/registered exhibitors, specifying
applicable USDA-licensing/registration requirements and establishing
requirements to disallow physical contact with the public; revised
exceptions for wildlife sanctuaries by prohibiting transport offsite
for display; and established new exceptions for registered owners of
big cats owned on the date of enactment (December 20, 2022), including
prohibiting registered pre-BCPSA owners from breeding, acquiring, or
selling any big cats, or allowing their big cats to come into physical
contact with the public.
U.S. market data for these regulated categories are not typically
collected; however, the Congressional Budget Office (CBO) compiled a
cost estimate to accompany the U.S. House Report 263 and BCPSA (July
2022).\1\ All estimates are from the CBO cost estimate to depict the
interim rule's impacts for the pre-statutory baseline scenario. CBO
does not indicate the dollar year for the estimates. The CBO report
does not identify any of the data sources informing its cost estimates
nor how it otherwise produced its estimates of forgone income. CBO
states all cost estimates are forgone revenue. Under the pre-statutory
baseline, CBO estimates that some businesses (such as zoos and
exhibitors) that own big cats will incur costs. The bulk of these costs
will be incurred by businesses that allow direct contact between the
public and prohibited wildlife species. CBO estimates that 30
exhibitors and 150 privately owned facilities offer physical contact
with big cats. Under the BCPSA, CBO estimates the cost of prohibiting
these encounters would be $80 million annually in forgone income.
Additionally, CBO estimates licensed owners and trainers that offer big
cats for movies would incur costs of $20 million annually in forgone
income.
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\1\ The U.S. House Report 263 and the CBO's cost estimate are
available in the docket on www.regulations.gov. They are also
available at https://www.govinfo.gov/content/pkg/CRPT-117hrpt428/pdf/CRPT-117hrpt428.pdf and https://www.cbo.gov/system/files/2022-07/hr0263_0.pdf.
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It is unknown whether exhibitors or facilities will choose to
continue encounters and ensure that no member of the public comes into
direct physical contact with the animals and ensure that, during public
exhibition of a lion, tiger, leopard, snow leopard, jaguar, cougar, or
any hybrid thereof, the animal is at least 15 feet from members of the
public unless there is a permanent barrier sufficient to prevent public
contact, as required under the BCPSA. Facilities are not required to
upgrade their infrastructure unless doing so is necessary to meet the
requirements of 16 U.S.C. 3372(e)(2)(A) to prevent public contact based
on the activities in which they choose to engage with big cats. CBO
does not estimate costs that would be incurred to ensure no direct
physical contact with the public and that during exhibition the public
remains 15 feet away from the animals or the cost of a permanent
barrier sufficient to prevent public contact. Furthermore, transporting
and displaying big cats will also be prohibited unless excepted under
the BCPSA, but CBO does not estimate the cost incurred due to this
prohibition.
[[Page 38364]]
CBO estimates the costs for current private owners of big cats owned on
the date of the statute's enactment. Examples of exceptions under the
BCPSA include exhibitors with USDA Class C licenses, State agencies,
State colleges, State universities, State-licensed veterinarians, and
wildlife sanctuaries. Additionally, under the BCPSA, an exception is
provided for possession by registered pre-BCPSA owners, who are
prohibited from breeding, acquiring, or selling any big cats, or
allowing their big cats to come into physical contact with the public.
According to CBO, forgone revenue of approximately $1.6 million may be
incurred by private owners due to the prohibition of breeding,
acquiring, and selling big cats because about 200 cubs with an average
value of $8,000 each will no longer be allowed to be bred, bartered,
traded, or sold. CBO states that the value of cubs was derived from
industry sources. CBO does not estimate forgone revenue incurred by
private owners that can no longer sell adult big cats. The statute
requires that protocols also be taken to prevent breeding, which could
include sterilization, segregating by sex, or other methods. CBO does
not estimate the cost of these protocols, and it is unknown how private
owners will choose to prevent breeding. Furthermore, current private
owners will be required to register their big cats by June 18, 2023,
and the House report estimates 20,000 big cats are currently in private
ownership in the United States. CBO expects registration costs for
current owners that do not sell or trade big cats to be small.
Estimating the black market and illegal trade is beyond the scope of
this analysis.
The Service estimates approximately $259,000 to administer the
information collection ($17,000 for amendment and recordkeeping
activities and $242,000 for law enforcement activities). While the
number of future enforcement actions is unknown, CBO estimates that the
Service would incur costs of less than $500,000 annually after 2023 to
maintain the registration database and conduct enforcement.
Under the pre-statutory baseline, benefits are expected to accrue
due to the consistent regulations for big cats, which the Service
presumes to include increased benefits to the general public in knowing
that big cats will be taken care of and individual workers will be
protected from risk of injury from big cats for which they provide
care. According to the Animal Legal and Historical Center at Michigan
State University, 20 States prohibit the private possession of wild or
exotic pets, 27 States have a partial ban on possession of big cats or
require permits for their possession, and 3 States have no ban (but may
require health certificates or import permits).\2\ The House report
notes that privately owned big cats typically live in inadequate
conditions that also threaten public safety. It references a Humane
Society of the United States publication noting that, since 1990,
around 300 dangerous incidents involving big cats in the United States
have resulted in human injuries, mauling, and death. The Humane Society
publication highlights a number of incidents, including a county
caseworker bitten by a cougar at a private home, a child mauled by a
cougar at a relative's home, a volunteer bitten by an adult tiger at a
big cat rescue center, and a child clawed by a leopard during an
encounter at a zoo.
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\2\ https://www.animallaw.info/content/map-private-exotic-pet-ownership-laws.
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Furthermore, big cats are often purchased when young, and many
owners are unable to cope with the high-maintenance needs of mature big
cats. The report points out that the burden of caring for big cats that
have been abandoned because they are too dangerous to keep or too
expensive to care for properly often lands on already financially
strained sanctuaries or humane societies. The CBO report does not
quantify these costs. While many wildlife sanctuaries depend on
donations to support the abandoned big cats, it is beyond the scope of
this analysis to estimate the willingness to pay among the general
population to avoid big cats being euthanized versus adopted by a
sanctuary. If there are fewer abandoned big cats, then there may be a
reduced cost for sanctuaries supporting big cats. It is beyond the
scope of this analysis to estimate the benefit of reducing costs for
sanctuaries.
Under the post-statutory baseline, the Service has not added any
additional measures beyond those necessary to implement the
requirements of the BCPSA. The Service is incorporating the new
prohibitions, requirements, and exceptions of the BCPSA into its
regulations. To comply with the BCPSA's requirements for each
registrant and each individual big cat, and to ensure sufficient
information to differentiate among individual big cats, to register
with the Service, the registrant must mark each individual big cat with
a unique identifier that is either a tattoo or a microchip. Each
registrant must also provide the Service with detailed identifying
information for each big cat and information regarding compliance with
protocols taken to prevent breeding and direct contact between the
public and prohibited wildlife species, and update this information
when changes occur. As noted above, the approved BCPSA registration
form is available on the Service website at: https://www.fws.gov/media/3-200-11-big-cat-public-safety-act-registration-form. BCPSA-excepted
USDA-licensed entities, USDA-registered Federal facilities, wildlife
sanctuaries, and registered pre-BCPSA owners will be required to
maintain records of their BCPSA activities with big cats and provide
access to their big cats and big cat facilities by Service officials at
reasonable hours to ensure ongoing compliance with all requirements of
these limited BCPSA exceptions. The Service's registration and record
maintenance processes ensure the public is in compliance with the
BCPSA. All incurred costs and benefits are due to the statute and not
any of the Service's discretionary actions under the interim rule.
This rule will not create inconsistencies with other agencies'
actions. We are the lead Federal agency regulating international
wildlife trade, the issuance of permits to conduct activities affecting
federally protected wildlife and their habitats, and carrying out the
United States' obligations under CITES. Therefore, this rule has no
effect on other agencies' responsibilities and will not create
inconsistencies with other agencies' actions.
This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
This rule will not change the fee schedule for any permits issued by
the Service or any licenses or registrations issued by the USDA.
This rule is based upon Congress' passage of the BCPSA, which
reflects a heightened concern for public safety resulting from the use
of big cats as pets and the increased risk of danger to members of the
public when given opportunities for direct contact with big cats. This
rule would decrease the risk to public safety as is reflected in the
Humane Society report cited in the House report as discussed
previously. This rulemaking does not establish new prohibitions for big
cats outside of those already established by statute. As directed by
Congress' passage of the BCPSA, this rulemaking includes the BCPSA's
new registration requirement. This rulemaking will update the
regulations to conform to the new statutory requirements and enable
affected members of the public to comply with the statute's requirement
to register big cats that fall under the statute's pre-BCPSA exception
by June 18, 2023.
[[Page 38365]]
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and Small
Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)): The
Regulatory Flexibility Act (RFA) generally requires that when an agency
issues a proposed rule, or a final rule pursuant to section 553(b) of
the Administrative Procedure Act (APA) or another law, the agency must
prepare a regulatory flexibility analysis that meets the requirements
of the RFA and publish such analysis in the Federal Register (5 U.S.C.
603, 604). Specifically, the RFA normally requires agencies to describe
the impact of a rulemaking on small entities by providing a regulatory
impact analysis that determines whether impacts exceed a threshold for
``significant impact'' and a threshold for a ``substantial number of
small entities.'' Under the interim rule, impacted small entities
include zoos (North American Industry Classification System (NAICS)
712130) with receipts less than $34 million and travelling exhibits
(NAICS 712110) with receipts less than $34 million. As noted
previously, all impacts under the interim rule are due to the statute
and not the Service's discretionary actions.
As discussed below in the Need for Interim Rule section, consistent
with the APA, the Service has determined for good cause that general
notice and opportunity for public comment is impracticable,
unnecessary, and contrary to the public interest, and, therefore, the
Service is not issuing a notice of proposed rulemaking. Rules that are
exempt from notice and comment are also exempt from the RFA
requirements, including conducting a regulatory flexibility analysis,
when among other things the agency for good cause finds that notice and
public procedure are impracticable, unnecessary, or contrary to the
public interest (Small Business Administration's Office of Advocacy
guide: How to Comply with the Regulatory Flexibility Act, Ch. 1, p. 9
(August 2017)). Accordingly, the Service is not required to conduct a
regulatory flexibility analysis.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.): Under the
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.), this rule will
have no effects. This rule will not significantly or uniquely affect
small governments. A small government agency plan is not required. We
are the lead Federal agency regulating international wildlife trade,
the issuance of permits to conduct activities affecting federally
protected wildlife and their habitats, and carrying out the United
States' obligations under CITES. No small government assistance or
impact is expected as a result of this rule.
This rule will not produce a Federal requirement that may result in
the combined expenditure by State, local, or Tribal governments of $100
million or greater in any year, so it is not a ``significant regulatory
action'' under the Unfunded Mandates Reform Act. This rule will not
result in any combined expenditure by State, local, or Tribal
governments.
Executive Order 12630 (Takings): Under Executive Order 12630, this
rule does not have significant takings implications or affect any
constitutionally protected property rights. We have analyzed this
regulation under Executive Order 12630 and have determined that it does
not result in takings: This rule will not result in physical occupancy
of property or physical invasion of property by the Government or in a
regulatory taking. This rule is based upon Congress' passage of the
BCPSA.
Executive Order 13132 (Federalism): Under Executive Order 13132,
this rule does not have significant federalism effects. This rule is
based upon Congress' passage of the BCPSA. The legislative history is
clear that where State laws have varied in their restrictions on
commerce in or possession, breeding, or use (including public contact)
of big cats, the BCPSA establishes uniform Federal policy, and Congress
intended the BCPSA to supersede or preempt State law under the
Supremacy Clause of the Constitution to the extent that it may permit
what is prohibited by the BCPSA with regard to commerce in, possession,
breeding, or use (including public contact) of big cats (H. Rept. No.
117-428, pp. 4, 32; July 22, 2022). Therefore, a federalism assessment
is not required.
Executive Order 12988 (Civil Justice Reform): Under Executive Order
12988, the Office of the Solicitor has determined that this rule does
not overly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of the Order. Specifically,
this rule has been reviewed to eliminate errors and ensure clarity, has
been written to minimize lawsuits, provides a clear legal standard for
affected actions, and specifies in clear language the effect on
existing Federal law or regulation.
Paperwork Reduction Act: This interim rule contains existing and
new information collections. All information collections require
approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid Office of Management and Budget (OMB) control number.
On March 20, 2023, we published in the Federal Register (88 FR
16657) a notice of our intent to request that OMB approve our request
for emergency clearance of information collections associated with the
BCPSA. OMB reviewed and approved the emergency clearance request
associated with the initial registration and registration amendment
information collections and assigned OMB Control Number 1018-0192,
``Big Cat Public Safety Act Registration'' (expires 10/31/2023). OMB
previously reviewed and approved the recordkeeping requirements under
the CWSA and assigned OMB Control Number 1018-0129, ``Captive Wildlife
Safety Act, 50 CFR 14.250-14.255'' (expires 07/31/2025).
In an effort to increase public awareness of, and participation in,
our public commenting processes associated with information collection
requests, the Service also posted the Federal Register notice on
Regulations.gov (Docket No. FWS-HQ-IA-2023-0031) to provide the public
with an additional method to submit comments (in addition to the
typical [email protected] email and U.S. mail submission methods). As
of May 19, 2023, we received the following comments in response to the
Federal Register notice:
Comment 1: Electronic comment received March 20, 2023, via
Regulations.gov (FWS-HQ-IA-2023-0031-0002) from Jean Publiee. The
commenter expressed concern about exhibition of cats in the United
States and trophy hunting of large cats outside of the United States.
Agency Response to Comment 1: We consider this comment to be beyond
the scope of this information collection request. As part of our
continuing effort to reduce paperwork and respondent burdens, we have
invited the public and other Federal agencies to comment on this new
collection of information. The comment did not address the information
collections. We did not make any changes to our approval request to OMB
as a result of this comment.
Comment 2: Electronic comment received March 20, 2023, via
Regulations.gov (FWS-HQ-IA-2023-0031-0003) from Jean Publiee. The
commenter provided a personal commentary regarding the Service's
conservation efforts and other agency's land management practices.
Agency Response to Comment 2: We consider this comment to be beyond
the scope of this information collection request. As part of our
continuing effort
[[Page 38366]]
to reduce paperwork and respondent burdens, we have invited the public
and other Federal agencies to comment on this new collection of
information. The comment did not address the information collections.
We did not make any changes to our approval request to OMB as a result
of this comment.
Comment 3: Anonymous electronic comment received March 21, 2023,
via Regulations.gov (FWS-HQ-IA-2023-0031-0004). The commenter submitted
an inquiry regarding the Federal Government's role in the regulation of
intrastate ownership and breeding of big cats.
Agency Response to Comment 3: We consider this comment to be beyond
the scope of this information collection request. The information
collection is required to implement the registered pre-BCPSA owner
exception of the BCPSA (16 U.S.C. 3372(e)(2)(E)). Additionally, the
BCPSA, at 16 U.S.C. 3376(a)(3), provides that the Secretary shall
promulgate any regulations necessary to implement the prohibitions and
exceptions of the BCPSA (16 U.S.C. 3372(e)). As part of our continuing
effort to reduce paperwork and respondent burdens, we have invited the
public and other Federal agencies to comment on this new collection of
information. The comment did not address the information collections.
We did not make any changes to our approval request to OMB as a result
of this comment.
Comment 4: Anonymous electronic comment received March 24, 2023,
via Regulations.gov (FWS-HQ-IA-2023-0031-0008 duplicated at FWS-HQ-IA-
2023-0031-0009). The commenter submitted a question regarding concern
with a possible future scenario after the BCPSA registration period
where a current licensed exhibiter no longer has a USDA Class C license
and, therefore, is no longer excepted from prohibitions under the
BCPSA. Two additional commenters (Comment 6 and Comment 9) also raised
this concern and the possibility of registering now as a backup option
if a current USDA Class C license holder later no longer has a USDA
Class C license.
Agency Response to Comment 4: We consider this comment to be beyond
the scope of this information collection request. The BCPSA provides a
one-time 180-day period from December 20, 2022, to June 18, 2023, to
current private owners in which to register their big cats under the
BCPSA, allowing them to keep their current animals if they register
them with the Service and meet all the BCPSA requirements for a
registered pre-BCPSA owner. The Service does not have discretion to
extend the statutory deadline. Certain entities outlined in the
statute, including exhibitors with valid USDA Class C licenses, USDA-
registered Federal facilities, State agencies, State colleges and
universities, State-licensed veterinarians, and sanctuaries, are
excepted from the requirement to register their big cats with the
Service subject to certain requirements.
There may be some circumstances where an entity that is in
possession of only pre-BCPSA big cats meets the criteria of both 16
U.S.C. 3372(e)(2)(A) and (e)(2)(E). It is up to a USDA-licensed Class C
exhibitor to decide if they wish to register under the BCPSA, if they
meet the requirements for a registered pre-BCPSA owner. Registration
would prohibit any otherwise qualifying USDA-licensed Class C exhibitor
from breeding, acquiring, or selling any big cats, and any USDA-
licensed Class C exhibitor that has engaged in breeding, acquiring, or
selling any big cats after December 20, 2022, does not qualify for the
registration exception under the BCPSA.
Please also see response to Comment 11. Under the BCPSA, if the
individual no longer qualifies for an exception, then they are
prohibited from possessing prohibited wildlife species. For any
individual or entity that does not qualify for another BCPSA exception,
does not qualify for the registered pre-BCPSA owner exception, does not
want to register, or otherwise no longer wishes to possess their big
cat, there are responsible options available to comply with the BCPSA.
Such persons may make arrangements to donate their big cat to another
person or entity that qualifies to possess big cats under one of the
other exceptions of the BCPSA outlined in 16 U.S.C. 3372(e)(2)(A)-(C).
As part of our continuing effort to reduce paperwork and respondent
burdens, we have invited the public and other Federal agencies to
comment on this new collection of information. The comments did not
address the information collections, and we did not make any changes to
our approval request to OMB as a result of these comments.
Comment 5: Anonymous electronic comment received March 27, 2023,
via Regulations.gov (FWS-HQ-IA-2023-0031-0010). The commenter asked
whether USDA C class holders are still able to legally breed and
transport (across State lines) prohibited wildlife species under the
BCPSA.
Agency Response to Comment 5: We consider this comment to be beyond
the scope of this information collection request. Each person involved
in an otherwise prohibited activity must qualify for a BCPSA exception
that applies to that activity for the activity to be excepted from
BCPSA prohibitions. A USDA-licensed Class C exhibitor that qualifies
under 16 U.S.C. 3372(e)(2)(A) may, for example, sell to, purchase from,
or engage in a breeding loan with another licensed exhibitor that
qualifies under 16 U.S.C. 3372(e)(2)(A). However, for example, in
accordance with 16 U.S.C. 3372(e)(1), (e)(2)(C), and (e)(2)(E), a
licensed exhibitor may not sell to, purchase from, or engage in a
breeding loan with a person or entity that does not qualify for a BCPSA
exception, a wildlife sanctuary, or an individual or entity that
registers under the registered pre-BCPSA owner exception. This is the
case because a person who does not qualify for a BCPSA exception, a
wildlife sanctuary, or an individual or entity that registers under the
pre-BCPSA exception may neither engage in commerce with big cats nor
breed big cats. As part of our continuing effort to reduce paperwork
and respondent burdens, we have invited the public and other Federal
agencies to comment on this new collection of information. The comments
did not address the information collections, and we did not make any
changes to our approval request to OMB as a result of these comments.
Comment 6: Anonymous electronic comment received April 2, 2023, via
Regulations.gov (FWS-HQ-IA-2023-0031-0011). The commenter raised three
issues in their comment: First, the commenter asserted that very few
private owners of prohibited wildlife species have access to
information to know that they need to register their cats by a certain
date. Second, the commenter is also concerned about the release of
information related to the names and addresses of registrants of pre-
BCPSA prohibited wildlife species through Freedom of Information Act
(FOIA) requests. Third, the commenter recommends reworking the
grandfather clause in the BCPSA to make it fairer to owners and the
captive big cats by providing a consideration for owners who no longer
qualify for a USDA license.
Agency Response to Comment 6: The BCPSA was enacted December 20,
2022. As stated above, to comply with the requirements of the BCPSA,
the Service provided the public with notice of the BCPSA registration
form and sought 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 collects information to verify eligibility to
[[Page 38367]]
possess big cats under the BCPSA in accordance with 16 U.S.C.
3372(e)(2)(E). The BCPSA emergency information collection for the BCPSA
registration form was approved and assigned OMB Control Number 1018-
0192. The OMB approval is valid for only 6 months and expires October
31, 2023 (See 88 FR 16657, March 20, 2023, Agency Information
Collection Activities; Big Cat Public Safety Act Registration.). The
Service further announced the availability of the registration form on
its website on April 18, 2023: https://www.fws.gov/media/3-200-11-big-cat-public-safety-act-registration-form. In addition to publishing
notice of this information collection in the Federal Register on March
20, 2023, and posting it to the Service's website, the Service has also
engaged in and continues to engage in public outreach to message
requirements to the public and ensure relevant individuals and entities
are aware of the requirements. We did not make any changes to our
approval request to OMB as a result of this comment.
In regard to the commenter's second concern, the Service has a
responsibility to protect personally identifiable information (PII) for
employees and members of the public as required by the Privacy Act of
1974 (5 U.S.C. 552a). The Service has a Privacy program that ensures
that all PII entrusted to the Service from members of the public,
project partners, and personnel is protected and handled according to
the Fair Information Practice Principles upon which the Privacy Act and
other privacy legislation is based. For more information, please visit:
https://www.fws.gov/program/privacy.
The third issue raised by the commenter is outside the scope of the
information requested and is addressed above in Comment 4. Please see
the response to Comment 4. We did not make any changes to our approval
request to OMB as a result of this comment.
Comment 7: Anonymous electronic comment received April 11, 2023,
via Regulations.gov (FWS-HQ-IA-2023-0031-0012). The commenter seeks
additional descriptions for ``permanent barrier'' terminology and
clarification on the ``15 feet'' distance requirements as required by
the form. The commenter questioned how the 15-foot distance would be
enforced if it is in a vertical orientation.
Agency Response to Comment 7: The information collection is to
implement the registered pre-BCPSA owner exception under the BCPSA and
does not specify a ``permanent barrier'' or 15-foot distance
requirement (16 U.S.C. 3372(e)(2)(E)). The comment refers to the
restriction on public contact by an exhibitor under a separate
exception of the BCPSA (16 U.S.C. 3372(e)(2)(A)). That exception
requires that a licensed entity or a registered Federal facility must
ensure that during public exhibition of a lion (Panthera leo), tiger
(Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia
uncia), jaguar (Panthera onca), cougar (Puma concolor), or any hybrid
thereof, the animal is at least 15 feet from members of the public
unless there is a permanent barrier sufficient to prevent public
contact (16 U.S.C. 3372(e)(2)(A)(ii)). The BCPSA places a similar
requirement on a registered pre-BCPSA owner not to allow direct contact
between the public and any prohibited wildlife species (16 U.S.C.
3372(e)(2)(E)(iii)). The information collection therefore requests
information on the protocols taken to prevent direct contact between
the public and prohibited wildlife species to ensure compliance with
this requirement.
While a registered pre-BCPSA owner may be able to provide evidence
of other ways to prevent all direct contact between the public and
prohibited wildlife species at all times, we consider that under the
BCPSA if a registered pre-BCPSA owner ensures at all times that any big
cat is at least 15 feet in every direction from any member of the
public or if there is a permanent barrier sufficient to prevent public
contact, then this requirement would be met. We did not make any
changes to our approval request to OMB as a result of this comment.
Comment 8: Anonymous electronic comment received April 22, 2023,
via Regulations.gov (FWS-HQ-IA-2023-0031-0013). The commenter provided
a personal commentary on big cat ownership and referred to the BCPSA as
a proposal.
Agency Response to Comment 8: The BCPSA was passed and became
Public Law 117-243 on December 20, 2022. It is a law and not a
proposal. This information collection will assist the public in
complying with the law. We did not make any changes to our approval
request to OMB as a result of this comment.
Comment 9: Electronic comment received April 22, 2023, via
Regulations.gov (FWS-HQ-IA-2023-0031-0014) from Lynn Culver. The
commenter expressed concern about the impacts to big cat owners due to
loss of licenses if commercial activities cease. Additionally, the
commenter recommended more detailed description on the registration
page that addresses the status of currently exempted entities and
includes encouragement to register now in order to secure a secondary
exemption status that would become primary should the big cat owner end
their exhibition license.
Agency Response to Comment 9: Please see response to Comment 4. We
did not make any changes to our approval request to OMB as a result of
this comment.
Comment 10: Anonymous electronic comment received April 23, 2023,
via Regulations.gov (FWS-HQ-IA-2023-0031-0015). The commenter expressed
concern about the requirement for the unique identifier of every big
cat to be either a tattoo or microchip, stating that this requirement
is unreasonable, unjustified, costly, and potentially deadly due to the
danger of sedating big cats.
Agency Response to Comment 10: No information was provided to
support the concern expressed in the comment regarding the costs
associated with these identifiers or dangers of sedation for big cats
for a short, minimally invasive procedure such as microchip
implantation or tattoo marking. The form requests a unique identifier
for registered big cats, which will allow the animals to be readily and
accurately identified and prevent laundering of unregistered big cats.
This requirement is necessary to accurately identify individual animals
in compliance with the registered pre-BCPSA owner exception (16 U.S.C.
3372(e)(2)(E)). We did not make any changes to our approval request to
OMB as a result of this comment.
Comment 11: Anonymous electronic comment received April 24, 2023,
via Regulations.gov (FWS-HQ-IA-2023-0031-0016). The commenter expressed
concern about the legality of the BCPSA registration form and
regulation of intrastate activities due to the reference to intrastate
activity, whereas this term is not included in 16 U.S.C.
3372(e)(2)(E)(ii).
Agency Response to Comment 11: The text of the BCPSA sets forth the
requirement that, in order to qualify for the registered pre-BCPSA
owner exception to the BCPSA prohibition on possession, the registrant
must not ``breed, acquire, or sell any prohibited wildlife species
after December 20, 2022'' (16 U.S.C. 3372(e)(2)(E)(ii)). The plain text
of this statutory requirement is without limitation to whether the
activity is intrastate, interstate, or international. We did not make
any changes to our approval request to OMB as a result of this comment.
Comment 12: Electronic comment received April 26, 2023, via
[[Page 38368]]
Regulations.gov (FWS-HQ-IA-2023-0031-0017) from Lynn Culver. The
commenter expressed concern that there are ``practically'' no privately
owned big cats in the United States and those held in facilities with
USDA Class B status should be exempted once they are registered. The
commenter also claims genetic diversity of big cat species is facing a
crisis and will become a greater issue if USDA Class B facilities are
prohibited.
Agency Response to Comment 12: This information collection will
assist the public in complying with the law. With the exception of cost
estimates, we consider the points raised in this comment to be beyond
the scope of this information collection request. The BCPSA provides a
one-time 180-day period from December 20, 2022, to June 18, 2023, to
current private owners in which to register their big cats under the
BCPSA, allowing them to keep their current animals if they register
them with the Service and meet all the BCPSA requirements for a
registered pre-BCPSA owner. The Service does not have discretion to
extend the statutory deadline.
Certain entities outlined in the statute, including exhibitors with
valid USDA Class C licenses, are excepted from the requirement to
register their big cats with the Service subject to certain
requirements. The Service does not have discretion to extend the
BCPSA's exhibitor exception for qualifying holders of Class C licenses
(16 U.S.C. 3372(e)(2)(A)) to holders of Class B licenses. Under the
BCPSA, individuals who do not qualify for an exception are prohibited
from possessing prohibited wildlife species. We did not make any
changes to our approval request to OMB as a result of this comment.
Regarding cost estimates, we estimate that we will receive 7,263
responses totaling 7,263 burden hours. We estimate the dollar value of
the burden hours for the initial registration will be $299,577. After
the initial registration, the annual cost for recordkeeping and
reporting will drop substantially. We did not make any changes to our
approval request to OMB as a result of this comment.
Comment 13: Anonymous electronic comment received May 15, 2023, via
Regulations.gov (FWS-HQ-IA-2023-0031-0018). The commenter urged the
Service to protect big cats and the general public.
Agency Response to Comment 13: We consider this comment to be
beyond the scope of this information collection request. As part of our
continuing effort to reduce paperwork and respondent burdens, we have
invited the public and other Federal agencies to comment on this new
collection of information. The comment did not address the information
collections. We did not make any changes to our approval request to OMB
as a result of this comment.
Comment 14: Anonymous electronic comment received May 15, 2023, via
Regulations.gov (FWS-HQ-IA-2023-0031-0019). The commenter states that
cheetahs and clouded leopards are not included under the BCPSA and asks
why the Service is requiring them to be registered.
Agency Response to Comment 14: As previously stated, ``prohibited
wildlife species'' (also referred to as ``big cats'') is defined by
statute as ``any live species of lion, tiger, leopard, cheetah, jaguar,
or cougar or any hybrid of such species'' (16 U.S.C. 3371(h)). These
are 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), and cougar (Puma concolor)
(50 CFR 14.252).
The comment refers to the restriction on public contact by an
exhibitor under a specific exception of the BCPSA, 16 U.S.C.
3372(e)(2)(A)(ii). The exception requires that a licensed entity or a
registered Federal facility must ensure that, during public exhibition
of a lion (Panthera leo), tiger (Panthera tigris), leopard (Panthera
pardus), snow leopard (Uncia uncia), jaguar (Panthera onca), cougar
(Puma concolor), or any hybrid thereof, the animal is at least 15 feet
from members of the public unless there is a permanent barrier
sufficient to prevent public contact (16 U.S.C. 3372(e)(2)(A)(ii)).
This specific provision does not apply to clouded leopard, cheetah, or
hybrids of only those two species. The provisions at 16 U.S.C.
3372(e)(2)(A)(ii) apply to all other prohibited wildlife species,
including for example, if a clouded leopard or cheetah were hybridized
with another big cat species. We did not make any changes to our
approval request to OMB as a result of this comment.
Comment 15: Electronic comment received May 18, 2023, via
Regulations.gov (FWS-HQ-IA-2023-0031-0020) from Lynn Culver. The
commenter questioned why an exhibitor that may at some point in the
future become a USDA-licensed C exhibitor should be required to sign a
certification statement on Form 3-200-11, ``Registration Form--Big Cat
Public Safety Act'' certifying that they will not breed, acquire, or
sell any big cat after December 20, 2022, if they may in the future be
eligible for an exception under the BCPSA.
Agency Response to Comment 15: To meet the requirements of 16
U.S.C. 3372(e)(2)(E)(ii), a registrant is required to certify that they
have not bred, acquired, or sold and will not breed, acquire, or sell
any big cat after December 20, 2022. As noted in response to Comment 4,
there may be some circumstances where an entity that is in possession
of only pre-BCPSA big cats meets the criteria of both 16 U.S.C.
3372(e)(2)(A) and 16 U.S.C. 3372(e)(2)(E). If a registered pre-BCPSA
owner later becomes a USDA-licensed Class C exhibitor, the registration
requirements of 16 U.S.C. 3372(e)(2)(E)(ii) that allow for continued
possession of the big cats would prohibit that registrant from
breeding, acquiring, or selling any big cats after December 20, 2022.
We did not make any changes to our approval request to OMB as a result
of this comment.
The existing and new reporting and/or recordkeeping requirements
identified below require approval by OMB under OMB Control Number 1018-
0192 in conjunction with this interim rule:
(1) Discontinuation of Initial Registration Requirement--Form 3-
200-11, ``Registration Form-Big Cat Public Safety Act'' (Pub. L. 117-
243, December 20, 2022, 136 Stat. 2336)--There are no exceptions to the
June 18, 2023, deadline to comply with the requirements of the BCPSA
requiring registration of big cats. Therefore, effective June 19, 2023
(or on the date of OMB approval of this submission), we are requesting
OMB approval to discontinue the previously approved information
collection associated with the initial registration.
(2) Amendments--Form 3-200-11, ``Registration Form-Big Cat Public
Safety Act'' (Pub. L. 117-243, December 20, 2022, 136 Stat. 2336)--
Following the initial registration, as is also required under Form 3-
200-11, owners must provide the Service with updates if information
concerning the registered big cats changes, as follows:
50 CFR 14.255(d)--Within 10 calendar days as required by the
Service in Form 3-200-11, a registered pre-BCPSA owner must update the
registration with the Service when a prohibited wildlife species dies
or any of the following information changes: The location where the
prohibited wildlife species is housed; the protocols taken to prevent
breeding; the protocols taken to prevent direct contact between
[[Page 38369]]
the public and big cat; ownership; or a unique identifier.
(3) Population Management and Care Plan (50 CFR 14.254(a)(3))--To
qualify for an exception in Sec. 14.257, under certain circumstances a
USDA-licensed entity or USDA-registered Federal facility must provide a
population management and care plan to the Service for consideration in
accordance with the BCPSA (16 U.S.C. 3372(e)(2)(A)(i)(III)). If a
licensed entity or registered Federal facility allows any person who is
neither (1) a trained professional employee or contractor of the
licensed entity (or an accompanying employee receiving professional
training) nor (2) a licensed veterinarian (or a veterinary student
accompanying such a veterinarian) to come into direct physical contact
with prohibited wildlife, then prior to allowing any such individual to
come into direct physical contact with prohibited wildlife species the
conservation program of the licensed entity or registered Federal
facility must meet certain requirements. One requirement is that the
licensed entity or registered Federal facility must provide a species-
specific, publicly available, peer-edited population management and
care plan to the Director with justifications that the plan:
Reflects established conservation science principles;
Incorporates genetic and demographic analysis of a multi-
institution population of animals covered by the plan; and
Promotes animal welfare by ensuring that the frequency of
breeding is appropriate for the species.
(4) Recordkeeping Requirements--We do not anticipate the
recordkeeping requirements will impose any significant burden, because
the maintenance of these records is typically a normal business
practice. Therefore, complying with the requirement to make records
available can likely be met by making available and copying, if needed,
a small number of documents pertaining to the possession,
transportation, acquisition, disposition, importation, or exportation
of the prohibited wildlife species, which we estimate can be completed
in an hour or less.
a. 50 CFR 14.254(c), Licensed Entity or Registered Federal
Facility--To qualify for an exception in Sec. 14.257, a licensed
entity or a registered Federal facility must maintain complete and
accurate records of any possession, breeding, transportation,
acquisition, receipt, purchase, sale, disposition, importation, or
exportation of prohibited wildlife species.
1. These records must be up to date and include the names and
addresses of persons to or from whom any prohibited wildlife species
has been acquired, received, imported, exported, purchased, sold, or
otherwise transferred (including loans for exhibition, breeding, or
otherwise), and the dates of these transactions.
2. The licensed entity or registered Federal facility must maintain
these records for the lifespan of each prohibited wildlife species and
for 5 years after its death or disposition and must copy these records
for Service officials, if requested.
3. The licensed entity or registered Federal facility must make
these records available and allow access to its facilities and its
prohibited wildlife specimens for inspection by Service officials at
reasonable hours.
b. 50 CFR 14.255(e), Registered Pre-BCPSA Owners--A registered pre-
BCPSA owner must maintain complete and accurate records of information
for each individual prohibited wildlife species in their possession as
required by the Service in the BCPSA registration form (Form 3-200-11)
for the lifespan of each individual prohibited wildlife species and for
5 years after its death or disposition and must copy these records for
Service officials, if requested.
1. While the pre-BCPSA owner may not sell or otherwise engage in
commerce with prohibited wildlife species, if the pre-BCPSA owner is no
longer able to continue to possess their prohibited wildlife species,
the pre-BCPSA owner may make arrangements to donate the prohibited
wildlife species to a licensed entity, State college, State university,
State agency, State-licensed veterinarian, or a wildlife sanctuary, or
may make arrangements to abandon the prohibited wildlife species to the
Federal Government. The disposition must not be reasonably likely to
result in the registered pre-BCPSA owner's economic use, gain, or
benefit, including, but not limited to, profit (whether in cash or in
kind).
2. These records must be up to date, and the registered pre-BCPSA
owner must make these records available and allow access to their
facilities and prohibited wildlife specimens for inspection by Service
officials at reasonable hours.
c. 50 CFR 14.256(b), Wildlife Sanctuaries--A wildlife sanctuary
must maintain complete and accurate records of any possession,
transportation, acquisition, receipt, disposition, importation, or
exportation of prohibited wildlife species.
1. These records must be up to date and must include the names and
addresses of persons to or from whom any prohibited wildlife species
has been acquired, received, imported, exported, or otherwise
transferred, and the dates of these transactions.
2. The wildlife sanctuary must maintain these records for the
lifespan of each prohibited wildlife species and for 5 years after its
death or disposition and must copy these records for Service officials,
if requested.
3. The wildlife sanctuary must make these records available and
allow access to its facilities and its prohibited wildlife specimens
for inspection by Service officials at reasonable hours.
d. 50 CFR 14.257(a), Documentation To Transport Live Prohibited
Wildlife--The prohibitions of Sec. 14.253 do not apply to licensed
entities or registered Federal facilities that meet all of the
requirements of Sec. 14.254; State colleges, State universities, or
State agencies; State-licensed veterinarians; wildlife sanctuaries that
meet all of the requirements of Sec. 14.256; or persons who:
1. Can produce documentation showing that they are transporting
live prohibited wildlife species solely for the purpose of
expeditiously transporting the prohibited wildlife species between
individuals or entities that are excepted from the prohibitions in
Sec. 14.253; and
2. Has no financial interest (whether in cash or in kind) in the
prohibited wildlife species other than payment received for
transporting them.
e. 50 CFR 14.257(b), Documentation of Date of Breeding--The
prohibition on possession in Sec. 14.253 does not apply to a
registered pre-BCPSA owner who is in possession of any prohibited
wildlife species that was:
1. Born and possessed by the registered pre-BCPSA owner before the
date of enactment of the BCPSA and meets all of the requirements of
Sec. 14.255 for each of the prohibited wildlife species in their
possession; or
2. Bred before and born on or after the date of enactment of the
BCPSA, to a prohibited wildlife species possessed by the registered
pre-BCPSA owner before the date of enactment of the BCPSA, if the
registered pre-BCPSA owner provides documentation demonstrating that
the breeding occurred before the date of enactment of the BCPSA, and
the person meets all of the requirements of Sec. 14.255 for each of
the prohibited wildlife species in their possession.
Title of Collection: Big Cat Public Safety Act Requirements.
OMB Control Number: 1018-0192.
Form Number: 3-200-11.
Type of Review: Revision of a currently approved collection.
[[Page 38370]]
Respondents/Affected Public: Individuals, private sector, and
State/local/Tribal governments.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: $3,016.
----------------------------------------------------------------------------------------------------------------
Number of Average
Type of action annual Number of Total annual completion Total annual
respondents responses each responses time (hours) burden hours
----------------------------------------------------------------------------------------------------------------
Amendments--Form 3-200-11,
``Registration Form-Big Cat
Public Safety Act '':
Reporting--Individuals...... 250 1 250 .5 250
Recordkeeping--Individuals.. .............. .............. .............. .5 ..............
Reporting--Private Sector... 250 1 250 .5 250
Recordkeeping--Private .............. .............. .............. .5 ..............
Sector.....................
Population Management and Care
Plan (50 CFR 14.254):
Reporting--Private Sector... 5 1 5 .5 5
Recordkeeping--Private .............. .............. .............. .5 ..............
Sector.....................
Reporting--State/Local/ 1 1 1 .5 1
Tribal Govt................
Recordkeeping--State/Local/ .............. .............. .............. .5 ..............
Tribal Govt................
Recordkeeping--50 CFR 14.254(c)
Licensed Entity or a Registered
Federal Facility:
Reporting--Individuals...... 500 1 500 .25 500
Recordkeeping--Individuals.. .............. .............. .............. .75 ..............
Reporting--Private Sector... 500 1 500 .25 500
Recordkeeping--Private .............. .............. .............. .75 ..............
Sector.....................
Reporting--State/Local/ 1 1 1 .25 1
Tribal Govt................
Recordkeeping--State/Local/ .............. .............. .............. .75 ..............
Tribal Govt................
Recordkeeping--50 CFR 14.255(d)
Registered Pre-BCPSA Owners:
Reporting--Individuals...... 2,500 1 2,500 .25 2,500
Recordkeeping--Individuals.. .............. .............. .............. .75 ..............
Reporting--Private Sector... 2,500 1 2,500 .25 2,500
Recordkeeping--Sector....... .............. .............. .............. .75 ..............
Recordkeeping--50 CFR 14.256(b)
Wildlife Sanctuaries:
Reporting--Private Sector... 750 1 750 .25 750
Recordkeeping--Private .............. .............. .............. .75 ..............
Sector.....................
Recordkeeping--50 CFR 14.257(a)
Documentation to Transport Live
Prohibited Wildlife:
Reporting--Individuals...... 1 1 1 .25 1
Recordkeeping--Individuals.. .............. .............. .............. .75 ..............
Reporting--Private Sector... 1 1 1 .25 1
Recordkeeping--Private .............. .............. .............. .75 ..............
Sector.....................
Reporting--State/Local/ 1 1 1 .25 1
Tribal Govt................
Recordkeeping--State/Local/ .............. .............. .............. .75 ..............
Tribal Govt................
Recordkeeping--50 CFR 14.257(b)
Documentation of Date of
Breeding:
Reporting--Individuals...... 1 1 1 .25 1
Recordkeeping--Individuals.. .............. .............. .............. .75 ..............
Reporting--Private Sector... 1 1 1 .25 1
Recordkeeping--Private .............. .............. .............. .75 ..............
Sector.....................
Reporting--State/Local/ 1 1 1 .25 1
Tribal Govt................
Recordkeeping--State/Local/ .............. .............. .............. .75 ..............
Tribal Govt................
-------------------------------------------------------------------------------
Totals:................. 7,263 .............. 7,263 .............. 7,263
----------------------------------------------------------------------------------------------------------------
We also propose to discontinue OMB Control Number 1018-0129 in
conjunction with this interim rule:
(1) Recordkeeping--Captive Wildlife Safety Act, 50 CFR 14.250-
14.255--With this submission, the interim rule amends the recordkeeping
requirements contained in this collection. We propose to merge the
updated recordkeeping requirements into OMB Control Number 1018-0192.
Upon receiving OMB approval of the transfer request, we will
discontinue OMB Control Number 1018-0129 to avoid a duplication of
burden.
Title of Collection: Captive Wildlife Safety Act, 50 CFR 14.250-
14.255.
OMB Control Number: 1018-0129.
Form Number: None.
Type of Review: Discontinuance of a currently approved collection.
Total Estimated Number of Annual Respondents: 750.
Total Estimated Number of Annual Responses: 750.
Estimated Completion Time per Response: 1 hour.
Total Estimated Number of Annual Burden Hours: 750.
Respondents/Affected Public: Private sector.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: $300.
Send your written comments and suggestions on these information
collections by the date indicated in DATES to OMB, with a copy to the
Service Information Collection Clearance Officer, U.S. Fish and
Wildlife Service, MS: PRB/PERMA (JAO), 5275 Leesburg Pike, Falls
Church, VA 22041-3803 (mail); or by email to [email protected]. Please
reference OMB Control Number 1018-
[[Page 38371]]
0192 in the subject line of your comments.
National Environmental Policy Act: The Service has analyzed this
rule under the criteria of the National Environmental Policy Act of
1969, as amended (NEPA; 42 U.S.C. 4321, et seq.), Council on
Environmental Quality NEPA regulations (40 CFR parts 1500-1508), and
the Department of the Interior (DOI) NEPA regulations (43 CFR part 46).
This rule will not amount to a major Federal action significantly
affecting the human environment. Additionally, the NEPA compliance for
this rulemaking is covered under a categorical exclusion pursuant to 43
CFR 46.210(i) in that this rule implements regulations that are of an
administrative or procedural nature. Therefore, preparation of an
environmental assessment or an environmental impact statement is not
required.
Executive Order 13175 (Tribal Consultation) and 512 DM 2
(Government-to-Government Relationship With Tribes): Under the
President's memorandum of April 29, 1994, ``Government-to Government
Relations with Native American Tribal Governments'' (59 FR 22951),
Executive Order 13175, and 512 DM 2, we have evaluated possible effects
on federally recognized Indian Tribes and have determined that there
are no adverse effects. Individual Tribal members must meet the same
regulatory requirements as other individuals who breed, possess, or
import, export, transport, sell, receive, acquire, or purchase, in
interstate or foreign commerce, the prohibited wildlife species.
Executive Order 13211 (Energy Supply, Distribution, or Use):
Executive Order 13211 pertains to regulations that significantly affect
energy supply, distribution, and use. The Executive order requires
agencies to prepare statements of energy effects when undertaking
certain actions. As noted above, the purpose of this rule is to
implement the BCPSA by amending 50 CFR part 14, subpart K, Importation,
Exportation, and Transportation of Wildlife, to incorporate the new
definitions, prohibitions, and exceptions under the BCPSA. This rule is
not expected to significantly affect energy supplies, distribution, or
use. Therefore, this action is not a significant energy action, and no
statement of energy effects is required.
Need for Interim Rule
The Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.)
provides that, when an agency for good cause finds that notice and
public procedure are impracticable, unnecessary, or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for prior public comment. 5 U.S.C. 553(b)(B). The
Service finds that there is good cause to issue this interim rule
without first providing for public comment. The primary purpose of the
BCPSA is to amend the Lacey Act Amendments of 1981 to clarify and
update provisions enacted by the CWSA with regard to prohibited
activities with prohibited wildlife species--including by adding
prohibitions on possession and breeding; import, export, transport,
sale, receipt, acquisition, or purchase in a manner substantially
affecting interstate or foreign commerce; prohibiting otherwise
excepted exhibitors, sanctuaries, and registered owners from allowing
public contact with big cats, including cubs; and prohibiting attempts
to commit any of these acts--to address threats to public safety posed
by lions, tigers, leopards, snow leopards, clouded leopards, jaguars,
cheetahs, cougars, and any hybrids thereof, particularly those
currently kept in private ownership in the United States, and to
further the conservation of these wildlife species (16 U.S.C. 3371(a),
(h), 3372(a)(4), (e); H. Rept. No. 117-428, pp. 3-4, July 22, 2022).
Certain limited statutory exceptions are also provided by the BCPSA (16
U.S.C. 3372(e)(2)). 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).
As of December 20, 2022, the regulations implementing the CWSA at
50 CFR part 14, subpart K, are, therefore, not in compliance with the
new prohibitions and exceptions enacted by the BCPSA. To the extent of
a conflict or inconsistency, the statute is controlling.
Notwithstanding 50 CFR part 14, subpart K, any act prohibited by the
BCPSA is currently unlawful, unless a relevant exception under the
BCPSA applies. However, it undermines the public safety and
conservation purposes of the BCPSA to maintain regulations in 50 CFR
part 14, subpart K, that do not conform to current law. Additionally,
publication of an interim rule will provide entities and individuals
who must register their animal(s) with the Service an appropriate
amount of time to comply with the requirement. As provided in the
BCPSA, prohibited wildlife species required to be registered must be
registered within 180 days after the date of enactment (i.e., by June
18, 2023). It would not be possible to update the implementing
regulations in advance of the 180-day deadline imposed by the BCPSA if
we were first to publish a proposed rule, allowing for a public comment
period and time to analyze comments received, followed by a final rule.
The Service is issuing this interim rule to implement the statutory
directive in the BCPSA. The Service has no discretion to vary the
amount of time available to register under the statute, nor does it
have discretion to change the new prohibitions and exceptions enacted
under the BCPSA. Delay in publishing updates to reflect and implement
the new prohibitions and exceptions enacted under the BCPSA would
undermine the public safety and conservation purposes of the BCPSA
described in greater detail above, as it may result in delays in
compliance by the regulated public and put the public at greater risk
to the threats posed by big cats in private ownership. As noted above,
U.S. House of Representatives Report No. 117-428 (July 22, 2022)
provides an estimate of 20,000 big cats in private ownership in the
United States and around 300 dangerous incidents since 1990 involving
big cats and resulting in human injury or death, as well as the killing
of big cats by first responders to restore public safety. Additionally,
the House report notes that unwanted big cats may be sold into the
exotic pet trade or the illegal market, or surrendered to already
overburdened and financially strained wildlife sanctuaries. In addition
to increased public safety, the BCPSA strengthens the Service's ability
to combat wildlife trafficking, which will lead to benefits for the
conservation of big cats. These concerns support the Service's decision
to issue an interim rule to implement the statutory directive in the
BCPSA. Accordingly, it would serve no purpose to provide an opportunity
for public comment on a proposed rule prior to publication of this
rule. Thus, pre-publication notice and public comment is impracticable,
unnecessary, and contrary to the public interest.
For these reasons, we also find good cause in accordance with 5
U.S.C. 553(d)(3) to make the interim rule effective less than 30 days
after the date of publication. Due to the significant risk to public
safety posed by prohibited wildlife species and the need to ensure
clarity on activities with prohibited wildlife species that are
prohibited and excepted under the BCPSA; the fact that the activities
prohibited by this rulemaking are already prohibited by
[[Page 38372]]
the BCPSA, as of December 20, 2022; and the effect of this rulemaking
in recognizing and implementing exceptions provided by the BCPSA
(providing additional grounds for an immediate effective date for those
parts of this rule that recognize and implement an exception in
accordance with 5 U.S.C. 553(d)(1)), this interim rule takes effect on
the date of publication in the Federal Register.
Pursuant to subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (the Congressional Review Act), the Office of
Information and Regulatory Affairs designated this rule as falling
within the scope of 5 U.S.C. 804(2). For the same reasons given above,
however, we find good cause to make this rule effective immediately
under 5 U.S.C. 808(2).
Public Comments
We invite interested persons to submit written comments,
suggestions, or recommendations regarding the interim rule. As noted
above, we also specifically invite comments on the following:
whether our final regulations should include provisions
for establishing comity agreements with foreign governments to allow
for transfer of big cats to a foreign wildlife sanctuary that meets all
of the requirements of 16 U.S.C. 3372(e)(2)(C);
whether there should be any uniform recordkeeping
requirements for State colleges, State universities, State agencies, or
State-licensed veterinarians;
elements that should be included in population management
and care plans under 16 U.S.C. 3372(e)(2)(A)(i)(III), including the
scenarios under which an individual who is not a trained professional
employee or contractor of the entity or facility, or licensed
veterinarian, would need to come into direct physical contact with the
prohibited wildlife species to directly support conservation of the
species;
whether any of the terms in 16 U.S.C.
3372(e)(2)(A)(i)(III) require further regulatory definition to ensure
successful implementation of population management and care plans in
accordance with the conservation purposes of this BCPSA exception.
We request comments or information from other governmental
agencies, States, Native American Tribes, the scientific community,
industry, or any other interested parties concerning this rule. We will
consider all comments received, and, based on the comments and any
additional information received, the final regulations may differ from
this interim rule. We note that our ability to make changes to this
interim rule will necessarily be limited by the statutory provisions of
the BCPSA as described above. Please note that submissions merely
stating support for, or opposition to, the action without providing
supporting information, although noted, do not provide substantive
information necessary to support a determination.
You may submit your comments and materials concerning this rule by
one of the methods listed in ADDRESSES. We will not accept comments
sent by email or fax. We will not consider mailed comments that are not
postmarked by the date specified above in DATES. We will post all
comments in their entirety--including your personal identifying
information--on https://www.regulations.gov. 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.
Comments and materials we receive, as well as supporting
documentation we used in preparing this interim rule, will be available
for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, International Affairs, 5275 Leesburg Pike, Falls
Church, VA 22041-3803.
List of Subjects in 50 CFR Part 14
Animal welfare, Exports, Fish, Imports, Labeling, Reporting and
recordkeeping requirements, Transportation, Wildlife.
Regulation Promulgation
For the reasons described above, we amend part 14, subchapter B of
chapter I, title 50 of the Code of Federal Regulations as set forth
below:
PART 14--IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE
0
1. The authority citation for part 14 continues to read as follows:
Authority: 16 U.S.C. 668, 704, 712, 1382, 1538(d)-(f), 1540(f),
3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 9701.
0
2. Revise Sec. 14.3 to read as follows:
Sec. 14.3 Information collection requirements.
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this part under 44
U.S.C. 3507 and assigned OMB Control Numbers 1018-0012, 1018-0092, and
1018-0192. The Service 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. You may direct comments regarding
these information collection requirements to the Service's Information
Collection Clearance Officer at the address provided at 50 CFR 2.1(b).
0
3. Revise subpart K to read as follows:
Subpart K--Captive Wildlife Safety Act as Amended by the Big Cat Public
Safety Act
Sec.
14.250 What is the purpose of the regulations in this subpart?
14.251 What other regulations may apply?
14.252 What definitions do I need to know?
14.253 What are the restrictions contained in the regulations in
this subpart?
14.254 What are the requirements for a licensed entity or registered
Federal facility?
14.255 What are the requirements for a registered pre-BCPSA owner?
14.256 What are the requirements for a wildlife sanctuary?
14.257 Are there any exceptions to the restrictions contained in the
regulations in this subpart?
Subpart K--Captive Wildlife Safety Act as Amended by the Big Cat
Public Safety Act
Sec. 14.250 What is the purpose of the regulations in this subpart?
The regulations in this subpart implement the Big Cat Public Safety
Act (BCPSA), 136 Stat. 2336, which amended the Captive Wildlife Safety
Act (CWSA), 117 Stat. 2871, which amended the Lacey Act Amendments of
1981, 16 U.S.C. 3371-3378.
Sec. 14.251 What other regulations may apply?
The provisions of this subpart are in addition to, and are not in
place of, other regulations of this subchapter, or other Federal,
State, Tribal, or territorial laws or regulations, that may require a
permit or describe additional restrictions or conditions for the
importation, exportation, transportation, sale, receipt, acquisition,
or purchase of any prohibited wildlife species in interstate or foreign
commerce, or in a manner substantially affecting interstate or foreign
commerce, or breeding of any prohibited wildlife species, or possessing
of any prohibited wildlife species.
[[Page 38373]]
Sec. 14.252 What definitions do I need to know?
In addition to the definitions contained in part 10 of this
subchapter, and unless the context otherwise requires, in this subpart:
Breed means to facilitate propagation or reproduction (whether
intentionally or negligently) or to fail to prevent propagation or
reproduction.
Date of enactment of the BCPSA means December 20, 2022.
Direct contact or direct physical contact means any situation in
which any individual may potentially touch or otherwise come into
physical contact with any live specimen of the prohibited wildlife
species.
Licensed entity means any individual, facility, agency, or other
entity that holds a valid Class ``C'' license from and is inspected by
the U.S. Department of Agriculture's Animal and Plant Health Inspection
Service (APHIS) under the Animal Welfare Act (AWA) (7 U.S.C. 2131 et
seq.) (See definition of ``Class ``C'' licensee (exhibitor)'' in 9 CFR
1.1.), holds such license in good standing, and meets the requirements
in Sec. 14.254.
Prohibited wildlife species (also referred to as ``big cats'')
means a specimen of any of the following eight species: lion (Panthera
leo), tiger (Panthera tigris), leopard (Panthera pardus), snow leopard
(Uncia uncia), clouded leopard (Neofelis nebulosa), jaguar (Panthera
onca), cheetah (Acinonyx jubatus), and cougar (Puma concolor) or any
hybrids resulting from the breeding of any of these species, for
example, a liger (a male lion and a female tiger) or a tiglon (a male
tiger and a female lion), whether naturally or artificially produced.
Propagation or reproduction means to allow or facilitate the
production of offspring of any of the prohibited wildlife species, by
any means.
Public contact means the same as direct contact.
Registered pre-BCPSA owner (also referred to as ``registrant'')
means an entity or individual that at the date of enactment of the
BCPSA was in possession of any prohibited wildlife species that was
born before the date of enactment of the BCPSA and that meets the
requirements in Sec. 14.255.
Registered Federal facility means any Federal facility that
exhibits animals and is registered with and inspected by APHIS under
the AWA (See definition of ``registrant'' in 9 CFR 1.1.), holds such
registration in good standing, and meets the requirements in Sec.
14.254.
Wildlife sanctuary means a facility that cares for live specimens
of one or more of the prohibited wildlife species, is a corporation
that is exempt from taxation under section 501(a) of the Internal
Revenue Code of 1986 and described in sections 501(c)(3) and
170(b)(1)(A)(vi) of such Code, and meets the requirements of Sec.
14.256.
Sec. 14.253 What are the restrictions contained in the regulations in
this subpart?
Except as provided in Sec. 14.257, it is 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, any live prohibited wildlife
species;
(b) Breed any live prohibited wildlife species;
(c) Possess any live prohibited wildlife species; or
(d) Attempt to commit any act described in paragraphs (a) through
(c) of this section.
Sec. 14.254 What are the requirements for a licensed entity or
registered Federal facility?
To qualify for an exception in Sec. 14.257, a licensed entity or a
registered Federal facility must meet all of the requirements of this
section.
(a) A licensed entity or a registered Federal facility must not
allow any individual to come into direct physical contact with a
prohibited wildlife species, unless that individual is a:
(1) Trained professional employee or contractor of the licensed
entity or registered Federal facility (or an accompanying employee
receiving professional training);
(2) Licensed veterinarian (or a veterinary student accompanying
such a veterinarian); or
(3) Person who is directly supporting conservation programs of the
licensed entity or registered Federal facility, the direct contact is
not in the course of commercial activity (which may be evidenced by
advertisement or promotion of such activity or other relevant
evidence), and the direct contact is incidental to humane husbandry
conducted pursuant to a species-specific, publicly available, peer-
edited population management and care plan that has been provided to
the Service with justifications that the plan--
(i) Reflects established conservation science principles;
(ii) Incorporates genetic and demographic analysis of a multi-
institution population of animals covered by the plan; and
(iii) Promotes animal welfare by ensuring that the frequency of
breeding is appropriate for the species.
(b) A licensed entity or a registered Federal facility must ensure
that during public exhibition of any lion (Panthera leo), tiger
(Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia
uncia), jaguar (Panthera onca), cougar (Puma concolor), or any hybrid
resulting from the breeding of any of these species, whether naturally
or artificially produced, the animal is at least 15 feet from members
of the public unless there is a permanent barrier sufficient to prevent
public contact.
(c) A licensed entity or a registered Federal facility must
maintain complete and accurate records of any possession, breeding,
transportation, acquisition, receipt, purchase, sale, disposition,
importation, or exportation of prohibited wildlife species.
(1) The records required by this paragraph (c) must be up to date
and include the names and addresses of persons to or from whom any
prohibited wildlife species has been acquired, received, imported,
exported, purchased, sold, or otherwise transferred (including loans
for exhibition, breeding, or otherwise), and the dates of these
transactions.
(2) The licensed entity or registered Federal facility must
maintain the records required by this paragraph (c) for the lifespan of
each prohibited wildlife species and for 5 years after its death or
disposition and must copy these records for Service officials, if
requested.
(3) The licensed entity or registered Federal facility must make
the records required by this paragraph (c) available and allow access
to its facilities and its prohibited wildlife specimens for inspection
by Service officials at reasonable hours.
Sec. 14.255 What are the requirements for a registered pre-BCPSA
owner?
To be a registered pre-BCPSA owner (also referred to as a
``registrant'') and qualify for an exception in Sec. 14.257, an entity
or individual must meet all of the requirements of this section.
(a) A registered pre-BCPSA owner must register each individual
prohibited wildlife species in their possession with the Service's
BCPSA registration form (Form Number 3-200-11) by no later than 180
days after the date of enactment of the BCPSA (i.e., no later than June
18, 2023). Each individual prohibited wildlife species in the
registrant's possession must:
(1) Have been born:
(i) Before the date of enactment of the BCPSA; or
(ii) On or after the date of enactment of the BCPSA from breeding
that occurred before the date of enactment of
[[Page 38374]]
the BCPSA, only if the registrant provides documentation to the Service
on the BCPSA registration form (Form Number 3-200-11) to prove the
individual prohibited wildlife species was born on or after the date of
enactment of the BCPSA from breeding that occurred before the date of
enactment of the BCPSA;
(2) Not have been acquired by the registrant after the date of
enactment of the BCPSA (i.e., legally in the registrant's possession on
or before the date of enactment of the BCPSA and have remained
continually in the registrant's possession); and
(3) Be marked with a unique identifier that is either a tattoo or a
microchip.
(b) A registered pre-BCPSA owner must not:
(1) Breed, acquire, or sell any prohibited wildlife species after
the date of the enactment of the BCPSA (This requirement applies
regardless of whether the activity is intrastate, interstate, or
international); or
(2) Allow direct contact between the public and any prohibited
wildlife species after the date of the enactment of the BCPSA.
(c) A registered pre-BCPSA owner must provide the Service with
detailed information for each individual prohibited wildlife species as
required by the Service in the BCPSA registration form (Form Number 3-
200-11), including:
(1) Common name of prohibited wildlife species;
(2) Name given to individual prohibited wildlife species, if
applicable;
(3) Genus, species, and subspecies;
(4) Birthdate and date of acquisition, including supporting
documentation;
(5) Unique identifier information (i.e., microchip or tattoo);
(6) Sex;
(7) Description (e.g., eye color, scars, ear tags);
(8) Photographs of individual prohibited wildlife species;
(9) Physical location of individual prohibited wildlife species (if
different from registrant's contact information);
(10) Protocols taken to prevent breeding;
(11) Protocols taken to prevent direct contact between the public
and the prohibited wildlife species; and
(12) Copies of all local, State, or Federal licenses held in
relation to the prohibited wildlife species, if applicable.
(d) Within 10 calendar days as required by the Service in the BCPSA
registration form (Form Number 3-200-11), a registered pre-BCPSA owner
must update the registration with the Service when a prohibited
wildlife species dies or any of the following information changes: The
location where the prohibited wildlife species is housed; the protocols
taken to prevent breeding; the protocols taken to prevent direct
contact between the public and big cat; ownership; or a unique
identifier.
(e) A registered pre-BCPSA owner must maintain complete and
accurate records of information for each individual prohibited wildlife
species in their possession as required by the Service in the BCPSA
registration form (Form Number 3-200-11) for the lifespan of each
individual prohibited wildlife species and for 5 years after its death
or disposition and must copy these records for Service officials, if
requested.
(1) While the pre-BCPSA owner may not sell or otherwise engage in
commerce with prohibited wildlife species, if the pre-BCPSA owner is no
longer able to continue to possess their prohibited wildlife species,
the pre-BCPSA owner may make arrangements to donate the prohibited
wildlife species to a licensed entity, registered Federal facility,
State college, State university, State agency, State-licensed
veterinarian, or a wildlife sanctuary, or may make arrangements to
abandon the prohibited wildlife species to the Federal Government. The
disposition must not be reasonably likely to result in the registered
pre-BCPSA owner's economic use, gain, or benefit, including, but not
limited to, profit (whether in cash or in kind).
(2) The records required by this paragraph (e) must be up to date,
and the registered pre-BCPSA owner must make these records available
and allow access to their facilities and prohibited wildlife specimens
for inspection by Service officials at reasonable hours.
Sec. 14.256 What are the requirements for a wildlife sanctuary?
To qualify for an exception in Sec. 14.257, a wildlife sanctuary
must meet all of the requirements of this section.
(a) A wildlife sanctuary must not:
(1) Commercially trade in any prohibited wildlife species,
including offspring, parts, and byproducts of such animals;
(2) Breed any prohibited wildlife species;
(3) Allow direct contact between the public and any prohibited
wildlife species; or
(4) Allow the transportation and display of any prohibited wildlife
species offsite.
(b) A wildlife sanctuary must maintain complete and accurate
records of any possession, transportation, acquisition, receipt,
disposition, importation, or exportation of prohibited wildlife
species.
(1) The records required by this paragraph (b) must be up to date
and must include the names and addresses of persons to or from whom any
prohibited wildlife species has been acquired, received, imported,
exported, or otherwise transferred, and the dates of these
transactions.
(2) The wildlife sanctuary must maintain the records required by
this paragraph (b) for the lifespan of each prohibited wildlife species
and for 5 years after its death or disposition and must copy these
records for Service officials, if requested.
(3) The wildlife sanctuary must make the records required by this
paragraph (b) available and allow access to its facilities and its
prohibited wildlife specimens for inspection by Service officials at
reasonable hours.
Sec. 14.257 Are there any exceptions to the restrictions contained in
the regulations in this subpart?
(a) The prohibitions of Sec. 14.253 do not apply to:
(1) A licensed entity or registered Federal facility that meets all
of the requirements of Sec. 14.254;
(2) A State college, State university, or State agency;
(3) A State-licensed veterinarian;
(4) A wildlife sanctuary that meets all of the requirements of
Sec. 14.256; or
(5) A person who:
(i) Can produce documentation showing that they are transporting
live prohibited wildlife species solely for the purpose of
expeditiously transporting the prohibited wildlife species between
individuals or entities that are excepted from the prohibitions in
Sec. 14.253; and
(ii) Has no financial interest (whether in cash or in kind) in the
prohibited wildlife species other than payment received for
transporting them.
(b) The prohibition on possession in Sec. 14.253 does not apply to
a registered pre-BCPSA owner who is in possession of any prohibited
wildlife species that was:
(1) Born and possessed by the registered pre-BCPSA owner before the
date of enactment of the BCPSA and meets all of the requirements of
Sec. 14.255 for each of the prohibited wildlife species in their
possession; or
(2) Bred before and born on or after the date of enactment of the
BCPSA, to a prohibited wildlife species possessed by the registered
pre-BCPSA owner before the date of enactment of the BCPSA, if the
registered pre-BCPSA owner provides documentation demonstrating that
the breeding
[[Page 38375]]
occurred before the date of enactment of the BCPSA and meets all of the
requirements of Sec. 14.255 for each of the prohibited wildlife
species in their possession.
Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2023-12636 Filed 6-9-23; 8:45 am]
BILLING CODE 4333-15-P