Notice2023-22181
Agency Information Collection Activities; Submission to the Office of Management and Budget; Declaration for Importation or Exportation of Fish or Wildlife
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 5, 2023
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 192 (Thursday, October 5, 2023)</title>
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69219-69224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. 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 <a href="/cdn-cgi/l/email-protection#b7fed9d1d8e8f4d8dbdbf7d1c0c499d0d8c1"><span class="__cf_email__" data-cfemail="6821060e07372b070404280e1f1b460f071e">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#763f1810192935191a1a3610010558111900"><span class="__cf_email__" data-cfemail="80c9eee6efdfc3efececc0e6f7f3aee7eff6">[email protected]</span></a>, 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 <a href="http://Regulations.gov">Regulations.gov</a> (Docket No. FWS-HQ-LE-2023-0049) to
provide the public with an additional method to submit comments (in
addition to the typical <a href="/cdn-cgi/l/email-protection#da93b4bcb58599b5b6b69abcada9f4bdb5ac"><span class="__cf_email__" data-cfemail="87cee9e1e8d8c4e8ebebc7e1f0f4a9e0e8f1">[email protected]</span></a> 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
<a href="http://Regulations.gov">Regulations.gov</a> (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
<a href="http://Regulations.gov">Regulations.gov</a> (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
<a href="http://Regulations.gov">Regulations.gov</a> (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
<a href="http://Regulations.gov">Regulations.gov</a> (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
<a href="http://Regulations.gov">Regulations.gov</a> (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
<a href="http://Regulations.gov">Regulations.gov</a> (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 <a href="https://edecs.fws.gov">https://edecs.fws.gov</a>. These forms are also available in
fillable format at <a href="http://www.fws.gov/forms/">http://www.fws.gov/forms/</a>. The information that we
collect enables us to:
<bullet> Accurately inspect the contents of the shipment;
<bullet> Enforce any regulations that pertain to the fish,
wildlife, or plants contained in the shipment; and
<bullet> 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.
----------------------------------------------------------------------------------------------------------------
Completion
Annual number Total annual time per Total annual
Requirement of respondents responses response burden hours *
(minutes)
----------------------------------------------------------------------------------------------------------------
FWS Form 3-177 Hard Copy (Upon Import)
----------------------------------------------------------------------------------------------------------------
Individuals..................................... 2,884 3,107 15 777
Private Sector.................................. 1 1 15 0
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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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.