Notice2026-11412
Agency Information Collection Activities; Federal Fish and Wildlife Permit Applications and Reports--Requirements for African Elephants
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
June 8, 2026
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 without change.
Full Text
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<title>Federal Register, Volume 91 Issue 109 (Monday, June 8, 2026)</title>
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[Federal Register Volume 91, Number 109 (Monday, June 8, 2026)]
[Notices]
[Pages 34639-34642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11412]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-HQ-IA-2026-1948; FXES111609C0000-267-FF09E41000; OMB
Control Number 1018-0186]
Agency Information Collection Activities; Federal Fish and
Wildlife Permit Applications and Reports--Requirements for African
Elephants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of information collection; request for comment.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service (Service), are proposing to renew an
information collection without change.
DATES: Comments will be accepted on or before August 7, 2026. Comments
submitted electronically using the Federal eRulemaking Portal (see
ADDRESSES, below) must be received by 11:59 p.m. eastern time on the
closing date. To ensure your comment is received and considered, you
must submit it using one of the methods identified in the ADDRESSES
section of this document. Comments submitted through any method not
authorized in this document, or sent to an address not listed here,
will not be considered.
ADDRESSES:
Comment submission: All submissions must include the docket number
[FWS-HQ-IA-2026-1948] for this document. You must submit comments using
one of the following methods:
<bullet> Electronic submission: Federal eRulemaking Portal at:
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-HQ-IA-2026-
1948, which is the docket number for this action. Then click the Search
button. On the resulting page, you may submit a comment by clicking on
``Comment.'' Please ensure that you have found the correct document
before submitting your comments.
<bullet> U.S. mail: Service Information Collection Clearance
Officer, Attn: Docket No. FWS-HQ-IA-2026-1948, U.S. Fish and Wildlife
Service, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church, VA 22041-
3803.
Comments submitted through any method not authorized in this
document, or sent to an address not listed here, will not be
considered. We will not accept comments via email, fax, or hand
delivery. We are not required to consider comments that are submitted
after the comment period ends or that are submitted via a method
outside of these instructions. Comments containing profanity,
vulgarity, threats, or other inappropriate content will not be
considered. We will post all comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Madonna Baucum, Service Information
Collection Clearance Officer, by email at <a href="/cdn-cgi/l/email-protection#db92b5bdb48498b4b7b79bbdaca8f5bcb4ad"><span class="__cf_email__" data-cfemail="7930171f16263a161515391f0e0a571e160f">[email protected]</span></a>, or by
telephone at (703) 358-2503. Individuals who are hearing or speech
impaired may call the Federal Relay Service at 1-800-877-8339 for TTY
assistance. You may also view the information collection request (ICR)
at <a href="http://www.reginfo.gov/public/do/PRAMain">http://www.reginfo.gov/public/do/PRAMain</a>.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), we provide
the general public and other Federal agencies with an opportunity 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.
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 Office of Management and Budget (OMB) control number.
As part of our continuing effort to reduce paperwork and respondent
burdens, we are soliciting comments from the public and other Federal
agencies on the proposed ICR described below. We are especially
[[Page 34640]]
interested in public comments 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. Before including your address, phone number, email
address, or other personally identifiable information in your comment,
you should be aware that your entire comment--including your personally
identifiable information--may be publicly available at any time. While
you can ask us in your comment to withhold your personally identifiable
information from public review, we cannot guarantee that we will be
able to do so.
Abstract: The general permit provisions in 50 CFR part 13 provide
the uniform rules, conditions, and procedures for activities requiring
a permit under all laws, treaties, and regulations administered by the
Service. The requirements in 50 CFR part 13 are in addition to any
other permit regulations that may apply to a specific circumstance.
When a species is listed as threatened, section 4(d) of the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1533), gives
discretion to the Secretary of the Interior (Secretary) to issue
regulations that the Secretary deems necessary and advisable to provide
for the conservation of such species. Considering the rise in
international trade of live elephants, particularly of wild-sourced
elephants, and recent CITES developments concerning regulation of trade
in live elephants, as well as a need to clarify our enhancement
standards and improve the permitting process for import of sport-hunted
elephant trophies, we reevaluated the provisions of the regulations
that were issued under section 4(d) of the ESA for the African
elephant. We found it is appropriate for the United States to adopt
requirements under the ESA to ensure that activities with live African
elephants under U.S. jurisdiction enhance the conservation of the
species and that live African elephants are well cared for, so that any
domestic demand for live African elephants enhances their conservation
and does not contribute to their decline in the wild.
In addition, clarifying the enhancement requirement for the import
of African elephant sport-hunted trophies and receiving information
from the range countries enables us to ensure that authorized imports
contribute to enhancing the conservation of the species and do not
contribute to the decline of the species. Clarifying the enhancement
standards in the decision-making process for the import of African
elephant sport-hunted trophies increases transparency with
stakeholders. To support U.S. African elephant conservation efforts, we
allow certain types of imports only from countries that have achieved a
Category One designation under the CITES National Legislation Project,
which is accomplished by meeting the basic requirements to implement
CITES through the Party's adoption of national laws to implement the
treaty.
On April 1, 2024, we issued a rule (89 FR 22522) which revised
regulations promulgated under ESA section 4(d) rule (50 CFR 17.40(e))
by adopting measures that were necessary and advisable for the current
conservation needs of the species, based on our evaluation of the
current threats to the African elephant. This final section 4(d) rule
removed from 50 CFR 17.40(e)(2) the exception from prohibitions for
import, export, interstate commerce, and foreign commerce in live
African elephants, except when a permit can be issued under 50 CFR part
17. The final rule also established the standards used to evaluate
``enhancement'' under the ESA for the import of wild-sourced live
African elephants under a new 50 CFR 17.40(e)(10). This provision
established an annual certification requirement for range countries
that allow for export of live African elephants destined for the United
States to provide the Service with information about the management and
status of African elephants in their country.
This final rule also clarified our evaluation of the existing
enhancement requirement regarding applications for the import of sport-
hunted trophies by adding a new provision to 50 CFR 17.40(e)(6). This
provision established an annual certification requirement for range
countries that allow for export of sport-hunted trophies destined for
the United States to provide the Service with information about the
management and status of African elephants and the hunting programs in
their country. This provision did not change the enhancement
requirement for the import of sport-hunted trophies under the previous
section 4(d) rule but clarified how that requirement can be met.
The final rule also incorporated the CITES National Legislation
Project category designations (see 50 CFR 23.7 and <a href="https://www.cites.org">https://www.cites.org</a>) into the acceptance of imports under 50 CFR 17.40(e)(2),
(e)(6), and (e)(10) under a new 50 CFR 17.40(e)(11).
Before a country can issue an export permit for CITES Appendix I or
II specimens, the CITES Scientific Authority of the exporting country
must determine that the export will not be detrimental to the species,
and the Management Authority must be satisfied that the specimens were
acquired legally. For the export of Appendix III specimens, the
Management Authority must be satisfied that the specimens were acquired
legally (CITES does not require findings from the Scientific
Authority). Prior to the importation of Appendix I specimens, both the
scientific and Management Authorities of the importing country must
make required findings. The Scientific Authority must also monitor
trade of all species to ensure that the level of trade is sustainable.
Article VIII(3) of the CITES treaty states that participating
parties should make efforts to ensure that CITES specimens are traded
with a minimum of delay. Section XII of Resolution Conf. 12.3 (Rev.
CoP20) Permits and certificates recommends use of simplified procedures
for issuing CITES documents to expedite trade that will have no impact,
or a negligible impact on conservation of the species involved.
All Service permit applications use forms in the 3-200 series, with
each form tailored to a specific activity and its corresponding
permitting requirements. We collect standard identifier information for
all permits, such as the name of the applicant and the applicant's
address, telephone numbers, tax identification number, email address,
and website address, if applicable. Standardization of general
information common to the application forms makes filing applications
easier for the public, as well as expediting our review of
applications.
The information that we collect on applications and reports is the
minimum necessary for us to determine if the applicant meets/continues
to meet issuance requirements for the particular
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activity. Respondents submit application forms periodically as needed;
submission of reports is generally on an annual basis, or as identified
conditionally as part of an issued permit. We examined applications in
this collection, focusing on questions frequently misinterpreted or not
addressed by applicants. We have made clarifications to many of our
applications to make it easier for the applicant to know what
information we need and to accommodate future electronic permitting.
Use of these forms:
<bullet> Reduces burden on applicants.
<bullet> Improves customer service.
<bullet> Allows us to process applications and finalize reviews
quickly.
We will request OMB approval to renew, without change, the
reporting and recordkeeping requirements identified below:
(1) Permit Application (Form 3-200-37h), ``Interstate Commerce,
Transfer, Export, or Foreign Commerce of Live African Elephants under
the U.S. Endangered Species Act (ESA)'' 50 CFR 17.40--Form 3-200-37h
will cover activities involving the interstate commerce, transfer,
export, or foreign commerce of live African elephants. The application
form applies to both wild-sourced and captive-bred live African
elephants. The information provided in the application form will be
used to determine whether a permit can be issued to the applicant under
the relevant Federal regulations pertaining to the requested activity.
We collect the following information from domestic entities (i.e.,
individuals, private sector, State/local/Tribal governments), noting
applicants may need to provide information from the foreign entity as
part of their application submission:
<bullet> Standardized identifier information required in 50 CFR
13.12.
<bullet> Name and address where the permit is to be mailed, if
different from physical address.
<bullet> Name, phone number, and email of individual(s) for the
Service to contact with questions.
<bullet> Whether the applicant or any owners of the business (if
applying as a business, corporation, or institution) have been assessed
a civil penalty or convicted of any criminal provision of any statute
or regulation relating to the activity for which the application is
filed; been convicted, or entered a plea of guilty or nolo contendere,
for a felony violation of the Lacey Act, the Migratory Bird Treaty Act,
or the Bald and Golden Eagle Protection Act; forfeited collateral; or
are currently under charges for any violation of the laws.
<bullet> Type of activity requested (interstate commerce, transfer,
export, or foreign commerce).
<bullet> The current location of the animal(s) (if different from
the physical address).
<bullet> Name and physical address of the recipient of the
specimen.
<bullet> For each animal involved in the export/transport, the
applicant must provide the following information:
[cir] Scientific name (genus, species, and if applicable,
subspecies);
[cir] Common name;
[cir] Approximate birth date (mm/dd/yyyy);
[cir] Wild or captive-bred;
[cir] Quantity;
[cir] Sex (males, females, e.g., 10, 2); and
[cir] Permanent markings or identification (microchip #, leg band
#, tattoos, studbook #, etc.).
<bullet> Information regarding source of specimen(s).
<bullet> A description and justification for the requested
activity.
<bullet> Information regarding technical expertise and facilities.
<bullet> Information confirming that the receiving facility meets
the CITES ``suitably equipped to house and care for'' requirements.
<bullet> The transportation/shipment condition of the live animals.
A. Recordkeeping Requirements--Completion of Form 3-200-37h
requires the retention of records regarding details on the
identification of the elephants, as well as regarding their
acquisition, original source, and subsequent transfers, as well as
records documenting staff technical expertise and facility information
for the species.
B. Permit Fee--Form 3-200-37h imposes a nonhour burden cost of $100
per application. Amendments will incur a $50 processing fee.
(2) Range Country Certification Requirements--As described above,
the final rule establishes an annual certification requirement for
range countries to provide the Service with information about the
management and status of African elephants and their habitat, within
their country. This is not part of the application form itself, but a
separate certification document/report/letter from the foreign
country's government. The foreign government may provide the
certification and information directly to the Service, or the applicant
may provide it to the Service. The certification and information will
be subject to verification by the Service.
This annual certification from the range country will be kept on
file and made available to the public. Without this properly documented
and verifiable annual certification, the Service would be unable to
issue the requested import permit. This annual certification is
specifically for requests to import live, wild-sourced African
elephants or African elephant sport-hunted trophies.
Information to be collected from the range country for the import
of live, wild-sourced elephants includes specific information on
whether family units were kept intact and whether any of the animals
collected are pregnant. Alternatively, information collected for the
import of sport-hunted trophies includes specific information on the
use of the meat of the animal.
A copy of the Form 3-200-37h, ``Interstate Commerce, Transfer,
Export, or Foreign Commerce of Live African Elephants under the U.S.
Endangered Species Act (ESA)'' is available to the public by submitting
a request to the Service Information Collection Clearance Officer using
one of the methods identified in ADDRESSES.
Title of Collection: Federal Fish and Wildlife Permit Applications
and Reports--Requirements for African Elephants.
OMB Control Number: 1018-0186.
Form Numbers: Form 3-200-37h.
Type of Review: Extension without change of a currently approved
collection.
Respondents/Affected Public: Individuals (including hunters);
private sector (including biomedical companies, circuses, zoological
parks, botanical gardens, nurseries, museums, universities, antique
dealers, exotic pet industry, taxidermists, commercial importers/
exporters of wildlife and plants, freight forwarders/brokers); State,
local, Tribal, and Federal governments; and foreign governments.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion or annually, depending on
activity.
Total Estimated Annual Nonhour Burden Cost: $2,800 for costs
associated with application processing fees, which range from $0 to
$250. State, local, Tribal, and Federal government agencies and those
acting on their behalf are exempt from processing fees.
[[Page 34642]]
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Average Average Average
number of Average number of completion Estimated
Requirement annual number of annual time per annual burden
respondents responses each responses response hours *
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Hardcopy Application--Interstate Commerce, Transfer, Export, or Foreign Commerce of Live African Elephants under
the U.S. Endangered Species Act (ESA) (Form 3-200-37h) 50 CFR 17.40(e)
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Individuals..................... 1 1 1 6 6
Private Sector.................. 10 1 10 6 60
Government...................... 5 1 5 6 30
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ePermits Application--Interstate Commerce, Transfer, Export, or Foreign Commerce of Live African Elephants under
the U.S. Endangered Species Act (ESA) (Form 3-200-37h) 50 CFR 17.40(e)
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Individuals..................... 1 1 1 5.25 5
Private Sector.................. 10 1 10 5.25 53
Government...................... 5 1 5 5.25 26
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Amendment--Interstate Commerce, Transfer, Export, or Foreign Commerce of Live African Elephants under the U.S.
Endangered Species Act (ESA) (Form 3-200-37h) 50 CFR 17.40(e)
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Individuals..................... 1 1 1 4 4
Private Sector.................. 5 1 5 4 20
Government...................... 3 1 3 4 12
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ePermits Amendment--Interstate Commerce, Transfer, Export, or Foreign Commerce of Live African Elephants under
the U.S. Endangered Species Act (ESA) (Form 3-200-37h) 50 CFR 17.40(e)
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Individuals..................... 1 1 1 3.5 4
Private Sector.................. 5 1 5 3.5 18
Government...................... 3 1 3 3.5 11
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Range Country Certification Requirements 50 CFR 17.40(e) NEW
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Foreign Government.............. 37 1 37 10 370
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Totals...................... 87 .............. 87 .............. 619
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* Rounded.
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. 2026-11412 Filed 6-5-26; 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.