12524 Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AE13

Migratory Bird Harvest Information

Program; Participating States for the

1997–98 Season

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The Fish and Wildlife Service

(hereinafter Service) herein proposes to

amend the Migratory Bird Harvest

Information Program (hereinafter

Program) regulations. The Service plans

to add Arizona, Florida, Kentucky,

North Carolina, and Texas (beginning

with the 1997–98 hunting season) to the

list of participating States. This

regulatory action will continue to

require all licensed hunters who hunt

migratory game birds in participating

States to register as migratory game bird

hunters and provide their name,

address, and date of birth to the State

licensing authority. Hunters will be

required to have evidence of current

participation in the Program on their

person while hunting migratory game

birds in participating States. The quality

and extent of information about harvests

of migratory game birds must be

improved in order to better manage

these populations. Hunters’ names and

addresses are necessary to provide a

sample frame for voluntary hunter

surveys 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.

DATES: The written comment period for

the proposed rule will end on May 13,

1997.

ADDRESSES: Written comments should

be sent to the Chief, Office of Migratory

Bird Management, U.S. Fish and

Wildlife Service, 10815 Loblolly Pine

Drive, Laurel, Maryland 20708–4028.

Comments received will be available for

public inspection during normal

business hours in Building 158, 10815

Loblolly Pine Drive (Gate 4, Patuxent

Wildlife Research Center), Laurel,

Maryland 20708–4028.

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: The

purpose of this rule is to expand the

Program to include the States of

Arizona, Florida, Kentucky, North

Carolina, and Texas beginning in the

1997–98 hunting season.

Background

The purpose of this cooperative

Program is to annually obtain a

nationwide sample frame of migratory

bird hunters, from which representative

samples of hunters will be selected and

asked to participate in voluntary harvest

surveys. State wildlife agencies will

provide the sample frame by annually

collecting the name, address, and date

of birth of each licensed migratory bird

hunter in the State. 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 that established the Program

and initiated 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.

A State/Federal technical group was

formed to evaluate Program

requirements, the different approaches

used by the pilot States, and the

Service’s survey procedures during the

pilot phase. Changes incorporated into

the Program as a result of the technical

group’s evaluation were specified in a

final rule, published in the October 21,

1994, Federal Register (59 FR 53334),

that initiated the implementation phase

of the Program.

Currently, all licensed hunters who

hunt migratory game birds 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. The State may

charge hunters a handling fee to

compensate hunting-license agents and

to cover the State’s administrative costs

for the Program.

The State/Federal technical group

continues to evaluate the Program to

determine the adequacy and timeliness

of the sample frame and the time

burden, cost, and other impacts on

hunters, State license agents, State

wildlife agencies, and the Service.

Emphasis is currently on the time

requirement for the sample frame and

on alternative survey methods for

special groups of unlicensed hunters

(e.g., junior and senior hunters).

The Service’s survey design calls for

hunting-record forms to be distributed

to hunters selected for the survey before

they forget the details of their hunts.

Because of this design requirement,

States have only a short time to obtain

hunter names and addresses from

license vendors and to provide those

names and addresses to the Service.

Currently, participating States must

send the required information to the

Service within 30 calendar days of

issuance of the hunting license or

permit.

The Service has requested the

cooperation of participating States to

facilitate obtaining harvest estimates for

hunters who are exempted from a

permit requirement and those that are

also exempted from State licensing

requirements. This includes several

categories of hunters such as junior

hunters, senior hunters, landowners,

and other special categories. Because

exemptions and the methods for

obtaining harvest estimates for exempt

groups vary from State to State, the

Service will incorporate these methods

into individual memoranda of

understanding with participating States.

Excluding from the Program those

hunters who are not required to obtain

an annual State hunting license also

excludes their harvest from the

estimates. The level of importance of the

excluded harvest on the resulting

estimates depends on how many

hunters are excluded and on the number

of birds they bag. If the level of

importance is significant, excluding

these hunters will result in serious bias.

Minimum survey standards are being

developed for exempted categories.

States may require exempted hunters to

obtain permits (e.g., Maryland required

exempted hunters to obtain permits

upon entry to the Program in 1994).

Previously, the Service stated that

States will continue to be added to the

Program until all States participate in

1998. A suggested implementation

schedule was published in the October

21, 1994, Federal Register (59 FR

53334), and was revised in a final rule

published in the August 30, 1996,
Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Proposed Rules 12525

Federal Register (61 FR 46350). Ohio

has requested a one-year delay to enable

the State to implement improved license

procedures that will better

accommodate the Program.

Proposed Modifications to the Program

In addition to implementation of the

Program in Arizona, Florida, Kentucky,

North Carolina, and Texas, the Service

proposes to modify the Program’s

implementation schedule by granting a

one-year delay to Ohio.

NEPA Consideration

The establishment of the Harvest

Information Program and options have

been considered 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 recordkeeping burden for this collection of

information is estimated to average

0.015 hours per response for 2,090,000

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 31,350

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 considers 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 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.

OMB is required to make a decision

concerning the collection of information

contained in these proposed regulations

between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

to OMB is best assured of having its full

effect if OMB receives it within 30 days

of publication. This does not effect the

deadline for the public to comment to

the Department on the proposed

regulations.

Executive Order 12866

This rule was not subject to Office of

Management and Budget review under

Executive Order 12866.

Unfunded Mandates

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

The Department has determined that

these proposed 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.

For the reasons set out in the

preamble, 50 CFR part 20 is proposed to

be 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:

§ 20.20 Migratory Bird Harvest Information

Program.

(a) Information collection

requirements. The collections of

information contained in § 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
12526 Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Proposed Rules

burden for this information is estimated

to average 0.015 hours per response for

2,090,000 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 recordkeeping burden for this collection is

estimated to be 31,350 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, Florida,

Georgia, Idaho, Illinois, Kentucky,

Maine, Maryland, Michigan, Minnesota,

Mississippi, Missouri, North Carolina,

Oklahoma, Oregon, Pennsylvania, South

Dakota, Tennessee, Texas, and Vermont

shall 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 shall 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

1.3 million additional migratory bird

hunters. It is proposed that the

following States participate in 1998:

—Alaska, Arkansas, Colorado,

Connecticut, Delaware, Indiana, Iowa,

Kansas, Louisiana, Massachusetts,

Montana, Nebraska, Nevada, New

Hampshire, New Jersey, New Mexico,

New York, North Dakota, Ohio, Rhode

Island, South Carolina, Utah, Virginia,

Washington, West Virginia, Wisconsin,

and Wyoming.

Dated: March 5, 1997.

Don Barry,

Deputy Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 97–6485 Filed 3–13–97; 8:45 am]

BILLING CODE: 4310–55–F