Agency Information Collection Activities; Submission to the Office of Management and Budget; Federal Fish and Wildlife Permit Applications and Reports--Requirements for African Elephants

Issuing agencies

Abstract

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

Full Text

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<title>Federal Register, Volume 91 Issue 212 (Wednesday, November 4, 2026)</title>
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[Federal Register Volume 91, Number 212 (Wednesday, November 4, 2026)]
[Notices]
[Pages 69570-69574]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22486]


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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; Submission to the 
Office of Management and Budget; 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 revise 
an existing information collection.

DATES: Interested persons are invited to submit comments on or before 
December 4, 2026.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to <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#ce87a0a8a1918da1a2a28ea8b9bde0a9a1b8"><span class="__cf_email__" data-cfemail="c48daaa2ab9b87aba8a884a2b3b7eaa3abb2">[email&#160;protected]</span></a>. Please reference ``1018-0186'' 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#b2fbdcd4ddedf1dddedef2d4c5c19cd5ddc4"><span class="__cf_email__" data-cfemail="642d0a020b3b270b0808240213174a030b12">[email&#160;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. You may also view the 
information collection request (ICR) at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>.

SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction 
Act (PRA; 44 U.S.C. 3501 et seq.) and its implementing regulations in 
the Code of Federal Regulations (CFR) at 5 CFR part 1320, 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 June 8, 2026, we published in the Federal Register (91 FR 34639) 
a notice of our intent to request that OMB approve this information 
collection. In that notice, we solicited comments for 60 days, ending 
on August 7, 2026. We also published the Federal Register notice on 
<a href="http://Regulations.gov">Regulations.gov</a> (Docket No. FWS-HQ-IA-2026-1948). We received the 
following six comments in response to that notice:
    Comment 1: Electronic comment received from Victoria Lopez 
submitted via <a href="http://Regulations.gov">Regulations.gov</a> (FWS-HQ-IA-2026-1948-0003) on August 3, 
2026. The commenter requests that the Service stop allowing the import 
of African elephants into the United States and stop authorizing the 
killing of elephants for trophies. The commenter expresses broader 
opposition to elephant hunting and trophy imports and raises concerns 
about threats to African elephant populations. The commenter also cites 
information regarding elephant populations and trophy hunting in 
Botswana and other African countries and urges the Service to provide 
greater protection for elephants and deny permits for the import of 
elephant trophies.
    Agency Response to Comment 1: The Service appreciates the 
commenter's concern for the conservation of African elephants. However, 
the comments regarding whether African elephants should be hunted, 
whether elephant hunting should be permitted in range countries, and 
whether the Service should issue permits for the import of elephant 
specimens are outside the scope of this information collection renewal. 
The commenter did not address the information collection requirements; 
therefore, no response is required.
    Comment 2: Anonymous electronic comment submitted via 
<a href="http://Regulations.gov">Regulations.gov</a> [FWS-HQ-IA-2026-1948-0004] on August 5, 2026. The 
commenter states that they are unclear about the changes regarding 
elephant trophies and generally support sport hunting when conducted 
within biological limits established by range countries. The commenter 
opposes unnecessary burdens on hunting and indicates they take no 
position otherwise. The commenter also states that the action appears 
to primarily concern live elephants and expresses support for the 
Service's judgment.
    Agency Response to Comment 2: We appreciate the commenters support 
regarding the import of African elephant specimens and feel there are 
no unnecessary burdens on hunting. Therefore, the Service is taking no 
action in response to the comment.
    Comment 3: Anonymous electronic comment submitted via 
<a href="http://Regulations.gov">Regulations.gov</a> [FWS-HQ-IA-2026-1948-0005] on August 7, 2026. The 
commenter recommends prohibiting the import and export of wildlife for 
hunting purposes and expresses concerns about climate change and the 
impacts of hunting on threatened species, including elephants.
    Agency Response to Comment 3: This renewal does not propose changes 
to the African elephant 4(d) rule, the conservation status of African 
elephants, or the Service's substantive

[[Page 69571]]

standards for authorizing the import of African elephant specimens. The 
commenter did not address the information collection requirements; 
therefore, no response is required.
    Comment 4: Anonymous electronic comment submitted via 
<a href="http://Regulations.gov">Regulations.gov</a> [FWS-HQ-IA-2026-1948-0006] on August 7, 2026. The 
commenter asserts that the information collection does not have 
sufficient practical utility under the Paperwork Reduction Act because 
Form 3-200-37 may provide self-certified information concerning 
conservation benefits, population status, and facility suitability. The 
commenter recommends requiring third-party financial audits and peer-
reviewed biological population data before OMB approves the information 
collection.
    Agency Response to Comment 4: The Service considers the information 
collected through Form 3-200-37 necessary and to have practical utility 
in administering the existing requirements. Therefore, the Service is 
taking no action in response to the comment.
    Comment 5: Electronic comment received from Allyson Koop, volunteer 
with Animal Counsel, submitted via <a href="http://Regulations.gov">Regulations.gov</a> [FWS-HQ-IA-2026-
1948-0007] on August 7, 2026. The commenter supports the existing 
information collection and recognizes its utility in evaluating 
applications. The commenter recommends requiring applicants to provide 
additional corroboration of proposed activities, such as a letter of 
reference, facility photographs, or a detailed care plan, to help the 
Service assess an applicant's ability to properly care for an African 
elephant. The commenter also supports electronic applications as a 
means of reducing applicant burden.
    Agency Response to Comment 5: The Service appreciates the 
commenter's support for the form and electronic application process. 
Their recommendation to require additional information modifying the 
current requirements would require a separate regulatory action that is 
currently outside the scope of this renewal request. However, the 
Service will take the recommendation under consideration should we 
pursue any additional regulatory actions regarding the requirements for 
African elephants.
    Comment 6: Electronic comment received from W. Laird Hamberlin, 
President, Safari Club International, submitted via <a href="http://Regulations.gov">Regulations.gov</a> 
[FWS-HQ-IA-2026-1948-0008] on August 7, 2026. The commenter asserts 
that the 2024 African elephant 4(d) rule including its annual 
certification for African elephant range countries is unnecessary, 
duplicative, and overly burdensome, and recommends its elimination or 
amendment and that CITES requirements are sufficient.
    Agency Response to Comment 6: This renewal does not propose changes 
to the African elephant 4(d) rule, the conservation status of African 
elephants, or the Service's substantive standards for authorizing the 
import of African elephant specimens. Although the certification is 
part of the information collection, eliminating or modifying the 
requirement would require a separate regulatory action. The Service 
will take the recommendation under consideration should we pursue any 
additional regulatory actions regarding the requirements for African 
elephants.
    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 
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 U.S. 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 (see information for category designations below) 
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)

[[Page 69572]]

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 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:


--Scientific name (genus, species, and if applicable, subspecies);
--Common name;
--Approximate birth date (mm/dd/yyyy);
--Wild or captive-bred;
--Quantity;
--Sex (males, females, e.g., 10.2); and
--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.

[[Page 69573]]

    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 
rather 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.

Proposed Revisions

    With this submission, based on feedback from our targeted outreach 
to nine individuals (the maximum allowed limit) familiar with this 
collection, we propose the following revisions to Form 3-200-37h to 
clarify requested information, improve clarity and sustainability, and 
to reduce burden:
    (1) Remove the duplicative request for the mailing address from 
Part I, question 1, while retaining the expedited shipping 
instructions;
    (2) Clarify question 2 so that the applicant identifies the 
application-specific contact, if it differs from the institution's 
primary contact;
    (3) Remove duplicative funding language from question 29 and retain 
Question 30 as the separate funding question;
    (4) Revise question 19 to clarify the information requested 
concerning anticipated effects of a proposed transfer on elephants 
currently housed at the facility and any resulting planned transfers; 
and
    (5) Correct the identified typographical errors and the link to the 
list of designated ports.
    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: Revision 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 
$50. State, local, Tribal, and Federal government agencies and those 
acting on their behalf are exempt from processing fees.

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                                                                                      Average
                                  Average number  Average number  Average number    completion       Estimated
           Requirement               of annual     of responses      of annual       time per      annual burden
                                    respondents        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)
----------------------------------------------------------------------------------------------------------------
Individuals.....................               1               1               1            5.25               5
Private Sector..................              10               1              10            5.25              53
Government......................               5               1               5            5.25              26
----------------------------------------------------------------------------------------------------------------
 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)
----------------------------------------------------------------------------------------------------------------
Individuals.....................               1               1               1               4               4
Private Sector..................               5               1               5               4              20
Government......................               3               1               3               4              12
----------------------------------------------------------------------------------------------------------------
 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)
----------------------------------------------------------------------------------------------------------------
Individuals.....................               1               1               1             3.5               4
Private Sector..................               5               1               5             3.5              18
Government......................               3               1               3             3.5              11
----------------------------------------------------------------------------------------------------------------
                          Range Country Certification Requirements 50 CFR 17.40(e) NEW
----------------------------------------------------------------------------------------------------------------
Foreign Government..............              37               1              37              10             370
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[[Page 69574]]

 
    Totals......................              87  ..............              87  ..............             619
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* Rounded.

    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. 2026-22486 Filed 11-3-26; 8:45 am]
BILLING CODE 4333-15-P


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