[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Rules and Regulations]
[Pages 45706-45708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22849]



[[Page 45705]]

_______________________________________________________________________

Part II





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



_______________________________________________________________________



50 CFR Part 20



Migratory Bird Harvest Information Program; Final Rule

Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / 
Rules and Regulations

[[Page 45706]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AD08


Migratory Bird Harvest Information Program

AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Fish and Wildlife Service (Service) and State wildlife 
agencies (States) are cooperatively establishing a national Migratory 
Bird Harvest Information Program (Program). The Program requires 
licensed migratory game bird hunters to supply their names, addresses, 
and other necessary information to the hunting licensing authority of 
the State in which they hunt. The Program improves the quality and 
extent of information about the harvests of migratory game birds to 
better manage these populations. The Program requires hunters to have 
evidence of current Program participation (Program validation) on their 
person while hunting migratory game birds in participating States. 
Hunters' names and addresses will provide a sample frame for voluntary 
hunter surveys needed to improve harvest estimates for all migratory 
game birds. States will gather migratory bird hunters' names and 
addresses and the Service will conduct the harvest surveys. This 
specific action adds five States to the list of those participating in 
the Program, bringing the total to 22.

DATE: This rule takes effect on September 1, 1997.

FOR FURTHER INFORMATION CONTACT: Paul I. Padding, Office of Migratory 
Bird Management, U.S. Fish and Wildlife Service, 10815 Loblolly Pine 
Drive, Laurel, Maryland 20708-4028, (301) 497-5980, FAX (301) 497-5981.

SUPPLEMENTARY INFORMATION: This final rule facilitates the collection 
of needed information about migratory game bird harvests. A proposed 
rule was published in the March 14, 1997, Federal Register (62 FR 
12524). This final rule amends Section 20.20 of 50 CFR by adding 
Arizona, Delaware, Florida, Kentucky, and North Carolina to the list of 
participating States. Licensed hunters, as a condition for hunting 
migratory game birds in these States, will be required to annually 
provide their names, addresses, and other necessary information to the 
licensing authority of the State in which they hunt. This information 
will provide a nationwide sampling frame of migratory bird hunters, 
from which representative samples of hunters will be selected and asked 
to participate in voluntary harvest surveys that the Service will 
conduct annually.
    The Service and States are currently implementing this Program over 
a 5-year period, starting with the 1994-95 hunting season. During this 
implementation, the Program's participation requirement will not apply 
on Federal Indian Reservations or to tribal members hunting on ceded 
lands. Participating States will provide the sample frame by annually 
collecting the name, address, and date of birth of each State licensed 
migratory bird hunter. To reduce survey costs and to identify hunters 
who hunt less commonly-hunted species, States will also request that 
each migratory bird hunter provide a brief summary of his or her 
migratory bird hunting activity for the previous year. States will send 
this information to the Service, and the Service will sample hunters 
and conduct national hunter activity and harvest surveys.
    A notice of intent to establish the Program was published in the 
June 24, 1991, Federal Register (56 FR 28812). A final rule 
establishing the Program and initiating a 2-year pilot phase in three 
volunteer States (California, Missouri, and South Dakota) was published 
in the March 19, 1993, Federal Register (58 FR 15093). The pilot phase 
was completed following the 1993-94 migratory bird hunting seasons in 
California, Missouri, and South Dakota.
    The Service formed a State/Federal group to evaluate Program 
requirements, the different approaches used by the pilot States, and 
the Service's survey procedures during the pilot phase. Their 
evaluation resulted in Program changes specified in a final rule, 
published in the October 21, 1994, Federal Register (59 FR 53334), 
initiating the implementation phase of the Program.
    Currently, all licensed migratory game birds hunters in 
participating States are required to have a Program validation, 
indicating that they have identified themselves as migratory bird 
hunters and have provided the required information to the State 
wildlife agency. Hunters must provide the required information to each 
State in which they hunt migratory birds. Validations are printed on or 
attached to the annual State hunting license or on a State-specific 
supplementary permit.
    Names, addresses, and other information are needed in time to 
distribute hunting record forms to selected hunters before they forget 
the details of their hunts. Previously, the Service's survey design 
required participating States to send the required information to the 
Service within 5 business days of the hunting license or permit 
issuance (10 business days if the information is in electronic form). 
Several States expressed concern that they could not meet this time 
requirement. The Service conducted an experiment during the 1994-95 
hunting season to determine whether extending the time requirement 
would adversely affect the accuracy of survey results. Based on the 
results of that experiment, the Service now requires participating 
States to forward hunter information to the Service within 30 calendar 
days from the date of license or permit issuance.
    The Service does not require hunters exempted from State permit and 
licensing requirements to participate in the Program. This would 
include junior hunters, senior hunters, landowners, and other special 
categories. Exemptions vary on a State-by-State basis. Excluding these 
hunters from the Program also excludes their harvest from the estimates 
which may result in serious bias. Thus States may require exempted 
hunters to participate; and the Service encourages States to provide 
any available information about these groups (for example, junior 
hunter safety course participant lists and State harvest estimates for 
exempted categories) to the Service for use in improving harvest 
estimates. Methodology may vary by State and will be incorporated into 
individual Memoranda of Agreement with the Service.
    The Service will use the names and addresses only for conducting 
hunter surveys, and will delete names and addresses after the surveys. 
State uses of these names and addresses will be governed by State laws.
    Under 5 U.S.C. 553(d)(3), at least 30 days is required for a rule 
to become effective unless an agency has good cause to make it sooner. 
The Service and the States are currently implementing this Program over 
a five-year period at the request of the International Association of 
Fish and Wildlife Agencies. The States added by this rule to the list 
of participating States, Arizona, Delaware, Florida, Kentucky, and 
North Carolina, have prepared for a September 1 implementation date of 
the Program. Generally, migratory game bird hunting seasons may begin 
as early as September 1, 1997, and since migratory game bird hunters 
are required to have a Program validation on their person while hunting 
migratory game birds in these States, the Service believes good cause 
exists to make this rule effective on September 1, 1997.

[[Page 45707]]

Review of Comments and the Service's Response

    The Service received comments on the proposed rule from two States.

1. Implementation Phase--Schedule of State Participation

    Comment: Delaware requested that its scheduled implementation be 
advanced from 1998 to 1997. Delaware will implement a telephone license 
sales system in 1997 and prefers to implement the Program at the same 
time.

    Service Response: The Service welcomes Delaware's proposed advance 
and will accommodate this change in the schedule.

    Comment: Texas indicated that it experienced some technical 
difficulties with the electronic license sales system that it 
implemented last year. Texas requested that the Program's requirements 
be waived for a portion of its 1997-98 hunting license year, to give 
the State additional time to resolve those problems. Thus, Texas 
proposed to begin collecting the required information from migratory 
bird hunters on October 1, 1997.

    Service Response: The Service recognizes the unique problems 
associated with implementing a new electronic license system in Texas, 
where the number of licensed hunters exceeds 1,000,000. However, this 
proposal will result in an incomplete sample frame from Texas. 
Therefore, the Service will not conduct Harvest Information Program 
surveys of Texas' migratory bird hunters during the 1997 hunting 
season. The Service will conduct the traditional waterfowl harvest 
survey based upon a sample of Federal duck stamp purchasers in Texas. 
To avoid confusion among hunters and law enforcement personnel in 
Texas, the Service will omit Texas from the list of States in which 
hunters are required to participate in the Program in 1997.

NEPA Consideration

    The Service considered the establishment of this Harvest 
Information Program and options in the ``Environmental Assessment: 
Migratory Bird Harvest Information Program.'' Copies of this document 
are available from the Service at the address indicated under the 
caption FOR FURTHER INFORMATION CONTACT.

Regulatory Flexibility Act

    On June 14, 1991, the Assistant Secretary for Fish and Wildlife and 
Parks concluded that the rule would not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). This rule will eventually 
affect about 3-5 million migratory game bird hunters when it is fully 
implemented. It will require licensed migratory game bird hunters to 
identify themselves and to supply their names, addresses, and birth 
dates to the State licensing authority. Additional information will be 
requested in order that they can be efficiently sampled for a voluntary 
national harvest survey. Hunters will be required to have evidence of 
current participation in the Program on their person while hunting 
migratory game birds.
    The States may require a handling fee to cover their administrative 
costs. Many of the State hunting-license vendors are small entities, 
but this rule should not economically impact those vendors. Only 
migratory game bird hunters, individuals, would be required to provide 
this information, so this rule should not adversely affect small 
entities.

Collection of Information: Migratory Bird Harvest Information 
Program

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507 
(d)), the U.S. Fish and Wildlife Service has received approval for this 
collection of information, with approval number 1018-0015, with the 
expiration date of August 31, 1998.
    The information to be collected includes: the name, address, and 
date of birth of each licensed migratory bird hunter in each 
participating State. Hunters' names, addresses, and other information 
will be used to provide a sample frame for voluntary hunter surveys to 
improve harvest estimates for all migratory game birds. The Service 
needs and uses the information to improve the quality and extent of 
information about harvests of migratory game birds in order to better 
manage these populations.
    All information is to be collected once annually from licensed 
migratory bird hunters in participating States by the State license 
authority. Participating States are required to forward the hunter 
information to the Service within 30 calendar days of license or permit 
issuance. Annual reporting and record keeping burden for this 
collection of information is estimated to average 0.015 hours per 
response for 1,650,000 respondents, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Thus, the total annual reporting and record 
keeping burden for this collection is estimated to be 24,750 hours. 
Organizations and individuals desiring to submit comments on the 
information collection requirements should direct them to the Service 
Information Collection Clearance Officer, ms 224--ARLSQ, U.S. Fish and 
Wildlife Service, 1849 C Street, NW., Washington, DC 20240, or the 
Office of Management and Budget, Paperwork Reduction Project 1018-0015, 
Washington, DC 20503.
    The Department considered comments by the public on this proposed 
collection of information in--
    (1) Evaluating whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility;
    (2) Evaluating the accuracy of the Department's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
    (3) Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
    (4) Minimizing the burden or 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 responses.

Executive Order 12866

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866.

Unfunded Mandates Reform Act

    The Service has determined and certifies pursuant to the Unfunded 
Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not 
impose a loss of $100 million or more in any given year on local or 
state governments or private entities.

Civil Justice Reform--Executive Order 12988

    The Department has determined that these regulations meet the 
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive 
Order 12988.

Authorship

    The primary author of this rule is Paul I. Padding, Office of 
Migratory Bird Management.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and record keeping 
requirements, Transportation, Wildlife.

[[Page 45708]]

    For the reasons set out in the preamble, 50 CFR part 20 is amended 
as set forth below.

PART 20--MIGRATORY BIRD HUNTING

    1. The authority citation for part 20 continues to read as follows:

    Authority: 16 U.S.C. 703-711, 16 U.S.C. 712, and 16 U.S.C. 742 
a--j.

    2. In Section 20.20 paragraphs (a), (b) and (e) are revised to read 
as follows:


Sec. 20.20  Migratory Bird Harvest Information Program.

    (a) Information collection requirements. The collections of 
information contained in Sec. 20.20 have been approved by the Office of 
Management and Budget under 44 U.S.C. 3501 et seq. and assigned 
clearance number 1018-0015. The information will be used to provide a 
sampling frame for the national Migratory Bird Harvest Survey. Response 
is required from licensed hunters to obtain the benefit of hunting 
migratory game birds. Public reporting burden for this information is 
estimated to average 0.015 hours per response for 1,650,000 
respondents, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Thus the total 
annual reporting and record keeping burden for this collection is 
estimated to be 24,750 hours. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden, to the Service 
Information Collection Clearance Officer, MS--224 ARLSQ, Fish and 
Wildlife Service, Washington, DC 20240, or the Office of Management and 
Budget, Paperwork Reduction Project 1018-0015, Washington, DC 20503.
    (b) General provisions. Each person hunting migratory game birds in 
Alabama, Arizona, California, Delaware, Florida, Georgia, Idaho, 
Illinois, Kentucky, Maine, Maryland, Michigan, Minnesota, Mississippi, 
Missouri, North Carolina, Oklahoma, Oregon, Pennsylvania, South Dakota, 
Tennessee, and Vermont must have identified himself or herself as a 
migratory bird hunter and given his or her name, address, and date of 
birth to the respective State hunting licensing authority and must have 
on his or her person evidence, provided by that State, of compliance 
with this requirement.

* * * * *

    (e) Implementation schedule. The Service is completing the 
implementation of this Program in 1998, which will incorporate 
approximately 1.6 million additional migratory bird hunters. The State 
of Texas will collect the name, address, and other necessary 
information from migratory bird hunters who are issued hunting licenses 
in Texas on or after October 1, 1997. All States must participate in 
the Program in 1998.

    Dated: August 21, 1997.
William L. Leary,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-22849 Filed 8-27-97; 8:45 am]
BILLING CODE 4310-55-F