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Notice2026-11412

Agency Information Collection Activities; Federal Fish and Wildlife Permit Applications and Reports--Requirements for African Elephants

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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&#160;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

[[Page 34641]]

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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Indexed from Federal Register on June 8, 2026.

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.