[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69219-69224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22181]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-HQ-LE-2023-N075; FF09L00200-FX-LE18110900000; OMB 
Control Number 1018-0012]


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

AGENCY: Fish and Wildlife Service, Interior.

[[Page 69220]]


ACTION: Notice of information collection; request for comment.

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

DATES: Interested persons are invited to submit comments on or before 
November 6, 2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be submitted within 30 days of 
publication of this notice at 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, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church, VA 22041-
3803 (mail); or by email to [email protected]. Please reference ``1018-
0012'' in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: Madonna L. Baucum, Service Information 
Collection Clearance Officer, by email at [email protected], or by 
telephone at (703) 358-2503. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act (PRA, 44 U.S.C. 3501 et seq.) and its implementing regulations at 5 
CFR 1320.8(d)(1), all information collections require approval under 
the PRA. We may not conduct or sponsor and you are not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.
    On May 5, 2023, we published in the Federal Register (88 FR 29145) 
a notice of our intent to request that OMB approve this information 
collection. In that notice, we solicited comments for 60 days, ending 
on July 5, 2023. In an effort to increase public awareness of, and 
participation in, our public commenting processes associated with 
information collection requests, the Service also published the Federal 
Register notice on Regulations.gov (Docket No. FWS-HQ-LE-2023-0049) 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). We received the following comments in response to 
that notice:
    Comment 1: Electronic comment received May 5, 2023, via 
Regulations.gov (FWS-HQ-LE-2023-0049-0003) from Jean Public.
    Agency Response to Comment 1: The commenter did not address the 
information collection requirements. No response is required.
    Comment 2: Electronic comment received June 8, 2023, via 
Regulations.gov (FWS-HQ-LE-2023-0049-0004) from Laura Bies, on behalf 
of the Ornithological Council. First, the commenter stated that it is 
difficult to enter many specimens into the e-Decs system individually 
rather than being able to upload a spreadsheet or a batch of 
information. Individual entry takes several hours, and the eDecs system 
appears to time out. Second, the commenter stated that automatic 
recognition of species' protected status under the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES), the Endangered Species Act (ESA or Act), the Migratory Bird 
Treaty Act (MBTA), etc., by the eDecs system when the importer/exporter 
is entering them, would be helpful and would save a lot of time. Third, 
the commenter agreed that the average estimate for an eDec with one 
species is 10 minutes, but for a scientific eDec with many species, it 
may take hours.
    Agency Response to Comment 2: First, we are working on a tool in 
eDecs that will allow bulk entry of species comparable to what the 
commenter describes. Second, it is up to the importer/exporter to know 
the status and the requirements for the species they are importing or 
exporting; further, we are concerned that if the system flags a species 
as protected, dishonest importers/exporters will simply choose a 
different species and declare the species as that one instead. Third, 
we note the commenter's points about the burden estimate and have 
addressed them below, along with the comments we received from the 
outreach regarding the burden estimate.
    Comment 3: Electronic comment received June 26, 2023, via 
Regulations.gov (FWS-HQ-LE-2023-0049-0005) from Jose D. Gonzalez, 
President, on behalf of the National Customs Brokers & Forwarders 
Association of America, Inc. First, the commenter stated that the 
container number is available in Automated Commercial Environment 
(ACE). Relatedly, the commenter said that the container number is not 
known for exports, because the container is loaded after inspection. 
Second, the commenter notes that the permit number and port exception 
number are available in ACE, while the CITES tag number is available on 
the CITES certificate. Third, the commenter states that the additional 
data elements may not apply to exports and asks for an N/A option. 
Fourth, the commenter states that ACE does not support the generation 
of multiple eDecs per entry. Fifth, the commenter provided burden 
estimates for declaration filing; 15-20 minutes for eDecs, 10-15 
minutes for a complete data set in ACE, and 15-25 minutes for a limited 
data set in ACE. The commenter added that the burden goes beyond the 
actual data entry and includes preparation and post-entry elements.
    Agency Response to Comment 3: First, not all declarations are 
submitted through ACE, so we need to ask for the container number in 
eDecs and on the 3-177. The container number is sometimes known for 
exports, but we will not make this a required field. Second, again, not 
all declarations are submitted through ACE, and we note that the CITES 
certificate has the tag number, but it will better enable our 
inspection efforts to have it on the declaration in eDecs, and in ACE 
as well. Third, we disagree that these additional elements do not apply 
to exports, as all of them could; a field may be required based on the 
commodity and location of export. Fourth, we recognize that the systems 
have this limitation; it is a problem we hope to address in the future, 
recognizing that there are budget constraints. Fifth, we note the 
comments about additional efforts relating to the import process from 
the commenter. Lastly, we note the burden estimates and have addressed 
them below, along with the comments we received from the outreach 
regarding the burden estimate.
    Comment 4: Anonymous comment received July 2, 2023, via 
Regulations.gov (FWS-HQ-LE-2023-0049-0006).
    Agency Response to Comment 4: The commenter did not address the 
information collection requirements. No response is required.
    Comment 5: Electronic comment received July 4, 2023, via 
Regulations.gov (FWS-HQ-LE-2023-0049-0007) from John McLaurin, 
President, on behalf of Safari Club International. The commenter 
expressed concern about the personal information of hunters who import 
and export

[[Page 69221]]

harvested wildlife and therefore use the 3-177 form. The commenter 
suggested changes to the existing Privacy Act and Paperwork Reduction 
Act statements on the form that would reflect a commitment to withhold 
declarants' personal private information under Freedom of Information 
Act (FOIA) Exemptions 6 and 7(A). The commenter also requested that we 
add a place on the form where declarants could indicate they want their 
personal information withheld from disclosure.
    Agency Response to Comment 5: The commenter submitted comments on 
the existing Privacy Act and Paperwork Reduction Act Statements. We 
included revised statements with the draft form we placed in the docket 
along with the 60-day notice. We have since revised the Privacy Act and 
Paperwork Reduction Act, and FOIA statements. In particular, we revised 
the FOIA statement to address personal identifiable information under 
Exemption 6. With this addition to the statement, there is no need for 
declarants to identify personal information for withholding. We did not 
make changes to the Paperwork Reduction Act Statement, as submissions 
are voluntary.
    Comment 6: Electronic comment received July 4, 2023, via 
Regulations.gov (FWS-HQ-LE-2023-0049-0008) from Tanya Sanerib, 
International Legal Director, Center for Biological Diversity, and from 
Nicholas Arrivo, Managing Attorney, on behalf of The Humane Society of 
the United States. First, the commenter notes that the information we 
receive on Forms 3-177 is essential for law enforcement functions, for 
meeting CITES obligations, and for us and the public to understand and 
monitor trade. Second, the commenter makes several suggestions 
regarding the FOIA statement, including that the statement should 
reflect that all information received will be disclosed, except for 
some personally identifiable information under FOIA exemptions 6 and 
7(A), and that the commercial information exemption (exemption 4), 
should not apply. The commenter also states that we should not continue 
to engage in a submitter notice review process that is burdensome on us 
and on data submitters, and their changes would allow us to avoid this. 
Third, the commenter states that the form should say that imports/
exports will be denied if the 3-177 is not completed. Fourth, the 
commenter states that the full scientific and common name of each 
species needs to be on the 3-177; for example, marine aquarium tropical 
fish importers do not provide that information, so it is not clear what 
species are being imported. Fifth, the commenter states that submitters 
do not always fill out the number of specimens imported/exported, but 
rather the number of cartons; we should require both. Lastly, the 
commenter states that our recent application of FOIA exemption 4 has 
created an incredibly onerous system for data submitters and for us, 
and their suggested changes to the FOIA statement would resolve this.
    Agency Response to Comment 6: Regarding the FOIA statement 
suggestion that all information should be disclosed except for 
personally identifiable information, we agree in part. We will continue 
to apply Exemption 4 as explained in the draft form's FOIA statement, 
and we added a statement reflecting that personally identifiable 
information will be withheld as appropriate under Exemption 6. We are 
retaining our previous language and proposed process under Exemption 4 
of the FOIA regarding submitted commercial information. The Service 
believes that it is possible that a submitter could make an appropriate 
showing, in some circumstances, that Exemption 4 applies to information 
on the 3-117. Because Exemption 4 relies upon information provided by a 
submitter, it is necessary that the Service include instructions for 
transmitting that information. We believe the approach outlined on the 
draft form's statement is appropriate. Because various FOIA requesters 
ask for import/export data in a variety of ways, we think that an 
approach led by the FOIA Officer will lead to less burden on the day-
to-day requester and allow the Service to apply Exemption 4 more 
accurately.
    Next, regarding the commenter's statement that the notices on the 
form should say that authorization to import/export wildlife will be 
denied if the form is incomplete, we made some changes in this language 
so that the public knows submission of the information is voluntary. We 
also clarified that information submission is required to receive 
import/export authorization and that failure to provide all requested 
information may result in denial of authorization. We will not select 
automatic denial in all cases and state that on this form; we routinely 
work with importers/exporters to correct mistakes, and we have 
enforcement discretion that we do not want to limit without compelling 
justification.
    Regarding requiring the full and scientific names, we are working 
on programming that will allow improved/bulk entry of species names, 
and we hope will increase the number of species identified in the 3-177 
vs. in supporting documents. As for the number of specimens, that is a 
required item. Lastly, we appreciate the commenter's efforts to suggest 
improvements to overcome the challenges presented to the Service by the 
application of FOIA exemptions to such an expansive database. The 
Service looks forward to working with the public to better inform its 
Exemption 4 practice in ways that enhance our mission and fully comply 
with the law.
    As part of our continuing effort to reduce paperwork and respondent 
burdens, we invite the public and other Federal agencies to comment on 
new, proposed, revised, and continuing collections of information. This 
helps us assess the impact of our information collection requirements 
and minimize the public's reporting burden. It also helps the public 
understand our information collection requirements and provide the 
requested data in the desired format.
    We are especially interested in public comment addressing the 
following:
    (1) Whether or not the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether or not the information will have practical utility;
    (2) The accuracy of our estimate of the burden for this collection 
of information, including the validity of the methodology and 
assumptions used;
    (3) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (4) How might the agency minimize the burden of the collection of 
information on those who are to respond, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of response.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this information collection request (ICR). Before 
including your address, phone number, email address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.

[[Page 69222]]

    Abstract: The Endangered Species Act (Act; 16 U.S.C. 1531 et seq.) 
makes it unlawful to import or export fish, wildlife, or plants without 
filing a declaration or report as necessary for enforcing the Act or 
upholding the Convention on International Trade in Endangered Species 
(CITES; 16 U.S.C. 1538(e)). With some exceptions, individuals, 
businesses, and others importing into or exporting from the United 
States any fish or wildlife must complete and submit to the Service an 
FWS Form 3-177 (Declaration for Importation or Exportation of Fish or 
Wildlife). This form, as well as FWS Form 3-177a (Continuation Sheet) 
and instructions for completion, are available for electronic 
submission at https://edecs.fws.gov. These forms are also available in 
fillable format at http://www.fws.gov/forms/. The information that we 
collect enables us to:
     Accurately inspect the contents of the shipment;
     Enforce any regulations that pertain to the fish, 
wildlife, or plants contained in the shipment; and
     Maintain records of the importation and exportation of 
these commodities.
    Individuals, businesses, and others must file FWS Forms 3-177 and 
3-177a with us at the time of import or export of fish or wildlife. Our 
regulations allow certain species of fish or wildlife to be imported or 
exported between the United States and Canada or Mexico at U.S. Customs 
and Border Protection ports, even though our wildlife inspectors may 
not be present. In these instances, importers and exporters may submit 
the hard copy of the completed forms to U.S. Customs and Border 
Protection (CBP). We later collect these submitted forms from CBP and 
enter the information into the Service's Law Enforcement Management 
Information System (LEMIS). Form 3-177 collects the following 
information:
    1. Date of the import/export;
    2. Import/export license number;
    3. Whether the shipment is an import or export;
    4. Port of clearance;
    5. Purpose code;
    6. Customs documents number(s);
    7. Name of carrier;
    8. Transportation code;
    9. Bonded location for inspection;
    10. Whether the importer/exporter is based in the United States or 
in a foreign country;
    11. Name, address, phone, and email of importer/exporter;
    12. Identifier number and ID type of importer/exporter;
    13. Name, phone, fax, email address, and contact person for customs 
broker, shipping agent, or freight forwarder;
    14. Identifier number and ID type of customs broker, shipping 
agent, or freight forwarder;
    15. Scientific and common name of the fish or wildlife;
    16. Permit numbers (if permits are required);
    17. Description, quantity, and value of the fish or wildlife;
    18. Natural country of origin of the fish or wildlife; and
    19. Whether the wildlife is live and venomous.
    In addition, certain information, such as the airway bill or bill 
of lading number, the location of the shipment containing the fish or 
wildlife for inspection, and the markings on cartons and number of 
cartons containing fish or wildlife, assists our wildlife inspectors if 
a physical examination of the shipment is necessary.
    We are also requesting OMB's continued approval for electronic 
collection of data through CBP's Automated Commercial Environment (ACE) 
portal as an alternative electronic option for importers to eDecs. ACE 
is the system through which the trade community transmits international 
trade data required by CBP and all other participating government 
agencies. The Safe Port Act requires the Service to participate in the 
International Trade Data System, and the Executive Order on 
Streamlining Exports and Imports establishes ACE as the primary means 
for collection of international trade data by the government. Although 
the Service does not mandate importers to use ACE to file Service data 
at this time, if the filer chooses to file in ACE, we will collect the 
data from ACE as an alternative to eDecs. If importers file in ACE, 
they should not file in eDecs.

Proposed Revisions to This Information Collection

    With this submission, we propose the following revisions to this 
information collection for OMB approval:
    1. We propose to collect the container number for fish or wildlife 
shipped via ocean cargo. When fish or wildlife are imported and 
exported on cargo ships, they are packed in shipping containers, which 
have unique numbers. When our inspectors receive documents for these 
shipments, the documents often, but do not always, include the 
container number. However, Form 3-177 currently does not have a field 
for the container number. It is difficult for our wildlife inspectors 
to locate a shipment at a seaport without the container number, as 
ocean cargo shipments are tracked by container number. By adding a 
field for the container number to Form 3-177 and thus requiring this 
information on the form, we will improve our ability to inspect ocean 
cargo shipments and expedite the inspection process for individuals, 
businesses, and others who ship via ocean cargo.
    2. Second, we propose to add a field to collect U.S. permit numbers 
other than CITES. Currently, we require importers and exporters to 
include the number for a U.S. CITES permit for those CITES listed 
species that require a U.S. CITES permit. They may also or instead have 
other U.S.-issued wildlife permits, such as those required under the 
Endangered Species Act, Migratory Bird Treaty Act, Marine Mammal 
Protection Act, Wild Bird Conservation Act, Bald and Golden Eagle 
Protection Act, and Lacey Act. These additional permit numbers will 
enable us to link the Form 3-177 to the permit. This will improve data 
collection and analysis, as we will be able to better ascertain what 
fish or wildlife is being imported and exported and tie it to what is 
being permitted. It will also help us ensure that permits are not 
duplicated and are used the allowable number of times, aiding 
enforcement.
    3. Next, we propose to add a field to collect the designated port 
exception permit number. We have designated certain ports for import 
and export of fish and wildlife (see 50 CFR 14.12). Generally, 
individuals, businesses, and others who seek to import and export fish 
and wildlife at non-designated ports must obtain a designated port 
exception permit by submitting an application and paying the 
appropriate fees (see 50 CFR part 13). When they file Form 3-177, they 
must also include the issued designated port exception permit in their 
document package. Requiring importers and exporters to put the permit 
number on Form 3-177, along with the import-export license number 
(which we already require on Form 3-177), will assist us in tracking 
permits and making sure that importers and exporters are authorized to 
use the ports they are seeking to use. Having the number easily 
accessible on Form 3-177 will help to streamline the review process. If 
they are not authorized because they have not obtained the designated 
port exemption permit for the particular port, it will assist us with 
enforcement.
    4. Next, we propose to add a field to collect the CITES tag or 
marking number for sport-hunted wildlife species that require a CITES 
tag or marking for import, export, and in-transit shipments (see 50 CFR 
23.74(e)). Those species include black rhinoceros, crocodilians (all 
members of the order Crocodilia, which includes alligators, caimans,

[[Page 69223]]

crocodiles, and gavials), elephants, leopards, and markhor. A CITES tag 
or marking is specific to an individual wildlife item and may not be 
used for multiple wildlife items. Each CITES tag or marking has a 
unique alphanumeric identifier. Requiring placement of the CITES tag or 
marking number on Form 3-177 will help ensure we can match the tag or 
marking to the Form 3-177 declaration and verify that the tag or 
marking has only been used once. Thus, we will improve our ability to 
inspect shipments of these species, expedite inspections, and improve 
enforcement. It will also bolster our ability to meet our obligations 
under the CITES treaty.
    As part of the renewal of and proposed changes for this information 
collection, we also will review the instructions pages of Form 3-177 to 
determine what updates are appropriate.
    The public may request copies of any form or document contained in 
this information collection by sending a request to the Service 
Information Collection Clearance Officer in ADDRESSES, above.
    Title of Collection: Declaration for Importation or Exportation of 
Fish or Wildlife, 50 CFR 14.61-14.64 and 14.94(k)(4).
    OMB Control Number: 1018-0012.
    Form Number: 3-177 and 3-177a.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: Individuals, businesses, or others 
that import or export fish, wildlife, or plants; scientific 
institutions that import or export fish, wildlife, or plant scientific 
specimens; and government agencies that import or export fish, 
wildlife, or plant specimens for various purposes.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: None.

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                                                                                    Completion
                                                   Annual number   Total annual      time per      Total annual
                   Requirement                    of respondents     responses       response     burden hours *
                                                                                     (minutes)
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                                     FWS Form 3-177 Hard Copy (Upon Import)
----------------------------------------------------------------------------------------------------------------
Individuals.....................................           2,884           3,107              15             777
Private Sector..................................               1               1              15               0
                                                 ---------------------------------------------------------------
    Subtotals...................................           2,885           3,108  ..............             777
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                                     FWS Form 3-177 Hard Copy (Upon Export)
----------------------------------------------------------------------------------------------------------------
Individuals.....................................              76              76              15              19
Private Sector..................................               1               1              15               0
                                                 ---------------------------------------------------------------
    Subtotals...................................              77              77  ..............              19
----------------------------------------------------------------------------------------------------------------
                                               eDecs (Upon Import)
----------------------------------------------------------------------------------------------------------------
Individuals.....................................           1,273          15,576              12           3,115
Private Sector..................................           1,563         110,653              12          22,131
Government......................................              89             347              12              69
                                                 ---------------------------------------------------------------
    Subtotals...................................           2,925         126,576  ..............          25,315
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                                               eDecs (Upon Export)
----------------------------------------------------------------------------------------------------------------
Individuals.....................................             642          15,782              12           3,156
Private Sector..................................             429          16,258              12           3,252
Government......................................              61             213              12              43
                                                 ---------------------------------------------------------------
    Subtotals...................................           1,132          32,253  ..............           6,451
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                                                ACE (Upon Import)
----------------------------------------------------------------------------------------------------------------
Individuals.....................................               1               1              10               0
Private Sector..................................              81          12,828              10           2,138
Government......................................               1               1              10               0
                                                 ---------------------------------------------------------------
    Subtotals...................................              83          12,830  ..............           2,138
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                                               ACE/AES Disclaimer
----------------------------------------------------------------------------------------------------------------
Private Sector..................................             819         149,820               1           2,497
                                                 ---------------------------------------------------------------
    ............................................           7,921         324,664  ..............          37,197
----------------------------------------------------------------------------------------------------------------
* Rounded.


[[Page 69224]]

    An agency may not conduct or sponsor and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.
    The authority for this action is the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.).

Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service.
[FR Doc. 2023-22181 Filed 10-4-23; 8:45 am]
BILLING CODE 4333-15-P