[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  

[[Page 38358]]


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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;

[[Page 38361]]

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \2\ https://www.animallaw.info/content/map-private-exotic-pet-ownership-laws.
---------------------------------------------------------------------------

    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