[Federal Register Volume 62, Number 50 (Friday, March 14, 1997)]
[Proposed Rules]
[Pages 12524-12526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6485]


      

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Part IV





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Harvest Information Program; Participating States for 
the 1997-98 Season; Proposed Rule

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

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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.

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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,

[[Page 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 record-keeping 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:


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

[[Page 12526]]

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 record-
keeping 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