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OMB Control No: 1018-0192	ICR Reference No: 202304-1018-003
Status: Historical Active	Previous ICR Reference No: 202303-1018-004
Agency/Subagency: DOI/FWS	Agency Tracking No: RIN 1018-BH23 (Interim Rule)
Title: Big Cat Public Safety Act Requirements
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Emergency	Approval Requested By: 10/31/2023
OIRA Conclusion Action: Approved with change	Conclusion Date: 10/19/2023
	Date Received in OIRA: 06/12/2023
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for six months.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2024	6 Months From Approved	10/31/2023
Responses	7,263	0	5,500
Time Burden (Hours)	7,263	0	5,500
Cost Burden (Dollars)	3,016	0	3,466

Abstract: This is a request for a new control number in conjunction with an emergency clearance request associated with the requirement to register prohibited wildlife species (also referred to as “big cats” under the authority of 16 U.S.C. § 3372(e), pursuant to the Big Cat Public Safety Act (BCPSA), Pub. L. 117-243, December 20, 2022, 136 Stat. 2336 (amending the Captive Wildlife Safety Act, and Lacey Act Amendments of 1981, 16 U.S.C. §§ 3371-3374 and § 3376, and 7 U.S.C. § 1997). The Service intends to seek emergency clearance of a new information collection under the authority of the BCPSA. “Prohibited wildlife species” (also referred to as “big cats”) is defined as “any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species” (16 U.S.C. § 3371(h)). This includes any of the following species, or hybrids of any of these species: Lion (Panthera leo), tiger (Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia uncia), clouded leopard (Neofelis nebulosa), jaguar (Panthera onca), cheetah (Acinonyx jubatus), cougar (Puma concolor) (50 CFR 14.252). The BCPSA makes it unlawful for any person to—(A) import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or (B) breed or possess any live prohibited wildlife species (16 U.S.C. § 3372(e)(1)). The BCPSA also makes it unlawful for any person to attempt to commit any of these acts with prohibited wildlife species (16 U.S.C. § 3372(a)(4)). Violators of the BCPSA are subject to civil and criminal penalties (16 U.S.C. § 3373), and big cats bred, possessed, imported, exported, transported, sold, received, acquired, or purchased contrary to the provisions of the BCPSA shall be subject to forfeiture to the United States (16 U.S.C. § 3374). The BCPSA also authorizes a limited exception from the prohibition on possession for a person or entity to register live specimens of prohibited wildlife species if certain requirements are met and continue to be met (16 U.S.C. § 3372(e)(2)(E)). The exception is intended to allow current owners of big cats at the time of enactment of the BCPSA to keep their big cats; however, they must register with the Service; are not allowed to breed, acquire, or sell big cats; and cannot allow direct contact between the public and their big cats (H. Rept. No. 117-428, p. 17 (July 22, 2022)). By registering their big cats no later than the statutory deadline (June 18, 2023), the person or entity (registrant) may continue to possess registered big cats that were born before the date of enactment (December 20, 2022) and legally in their possession on or before the date of enactment, as long as the registrant meets and continues to meet all requirements of 16 U.S.C. § 3372(e)(2)(E). To qualify to continue to possess live specimens of prohibited wildlife species (also referred to as “big cats”) under 16 U.S.C. § 3372(e)(2)(E), a registrant must register all live specimens of prohibited wildlife species in their possession with the United States Fish and Wildlife Service no later than June 18, 2023. The purpose of the registration form is to enable owners of big cats who want to continue to possess their big cats in accordance with 16 U.S.C. § 3372(e)(2)(E) to register all live specimens of big cats in their possession with the Service no later than June 18, 2023. The Service will use the information collected to verify eligibility to possess big cats under the BCPSA in accordance with 16 U.S.C. § 3372(e)(2)(E). Big cats bred or possessed in violation of the BCPSA and any big cat that is not registered on or before June 18, 2023, shall be subject to forfeiture for violation of the BCPSA prohibition on possession, unless another limited exception applies in accordance with the BCPSA. (16 U.S.C. §§ 3372(e)(2)(A) - (D), 3374(a)).

Emergency Justfication: This is the next step in our initial emergency clearance request in conjunction with our March 20, 2023 emergency clearance request associated with the requirement to register prohibited wildlife species (also referred to as “big cats” under the authority of 16 U.S.C. § 3372(e), pursuant to the Big Cat Public Safety Act (BCPSA), Pub. L. 117-243, December 20, 2022, 136 Stat. 2336 (amending the Captive Wildlife Safety Act, and Lacey Act Amendments of 1981, 16 U.S.C. §§ 3371-3374 and § 3376, and 7 U.S.C. § 1997). On April 4, 2023, OMB approved our emergency request and assigned OMB Control No. 1018-0192 with an expiration date of October 31, 2023. The comment period for this interim rule ends August 11, 2023 and we request OMB final approval of this emergency clearance process on or before October 31, 2023. As required by regulations at 5 CFR § 1320.13, this interim rule submission, in addition to the initial 60-day comment period provided on Regulations.gov (Docket FWS-HQ-IA-2023-0031), provides a second public comment opportunity to comply with the requirement at 5 CFR § 1320.13(c) to take practical steps to consult with interested agencies and members of the public in order to minimize the burden of this collection of information. We will provide the public with a third opportunity to comment on this information collection at the final rule stage.

Authorizing Statute(s): US Code: 16 USC 3372(e) Name of Law: Prohibited Acts
   US Code: 16 USC 3371-3374, 3376 Name of Law: Lacey Act
   PL: Pub.L. 117 - 243 3 Name of Law: Big Cat Public Safety Act

Citations for New Statutory Requirements: PL: Pub.L. 17 - 243 3 Name of Law: Big Cat Public Safety Act

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1018-BH23	Final or interim final rulemaking	88 FR 38358	06/12/2023

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 16657	03/20/2023
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion
Annual Number of Responses	7,263	5,500	-5,000	6,763
Annual Time Burden (Hours)	7,263	5,500	-5,000	6,763
Annual Cost Burden (Dollars)	3,016	3,466	-3,150	2,700

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: We are reporting the following program changes/adjustments (since OMB’s approval of the emergency clearance and assignment of OMB Control No. 1018-0192): Change Due to Statute (expiration of initial registration requirement on June 19, 2023) -5,000 Annual Responses -5,000 Annual Burden Hours -3,150 Annual Cost Burden Agency Discretion 6,763 Annual Responses 6,763 Annual Burden Hours 2,700 Annual Cost Burden

Annual Cost to Federal Government: $259,486

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Madonna Baucum 202 354-1916 madonna_baucum@nps.gov

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