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B-335432 Jul 12, 2023 1 (2023-07-12)

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                     U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-335432


July 12, 2023

The Honorable Thomas  R. Carper
Chairman
The Honorable Shelley Moore Capito
Ranking Member
Committee  on Environment and Public Works
United States Senate

The Honorable Bruce Westerman
Chairman
The Honorable RaGl Grijalva
Ranking Member
Committee  on Natural Resources
House  of Representatives

Subject: Department of the Interior, Fish and Wildlife Service: Regulations To Implement the
         Big Cat Public Safety Act

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of the Interior, Fish and Wildlife Service (FWS) entitled
Regulations To Implement the Big Cat Public Safety Act (RIN: 1018-BH23). We received the
rule on June 30, 2023. It was published in the Federal Register as an interim rule on June 12,
2023. 88 Fed. Reg. 38358. The effective date is June 12, 2023.

The interim rule, according to FWS, amends implementing regulations for the Captive Wildlife
Safety Act, Pub. L. No. 108-191, 117 Stat. 2871 (Dec. 19, 2003), by incorporating the
requirements of the Big Cat Public Safety Act (BCPSA), Pub. L. No. 117-243, 136 Stat. 2336
(Dec. 20, 2022). Specifically, FWS stated that BCPSA amended the Lacey Act Amendments of
1981, Pub. L. No. 97-79, 95 Stat. 1073 (Nov. 16, 1981), to clarify provisions enacted by the
Captive Wildlife Safety Act and to further the conservation of certain wildlife species. According
to FWS, BCPSA   makes it unlawful to import, export, transport, sell, receive, acquire, or
purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or
foreign commerce, or breed or possess prohibited wildlife species, with certain exceptions.
FWS  stated the BCPSA also requires an entity or individual who does not qualify for one of the
other exceptions and is in possession of any prohibited wildlife species to register each such
animal with FWS not later than June 18, 2023, allowing pre-BCPSA owners to register their
pre-BCPSA  big cats to continue to possess them under the pre-BCPSA exception.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived,
however, if the agency finds for good cause that delay is impracticable, unnecessary, or
contrary to the public interest, and the agency incorporates a statement of the findings and its

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