14194 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules

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: 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 Michigan, Oklahoma, and Oregon

(beginning with the 1995–96 hunting

season) to the list of participating States,

and to implement some additional

modifications to the Program. This

regulatory action will continue to

require all licensed hunters who hunt

migratory game birds in participating

States to identify themselves as

migratory bird hunters to the State

licensing authority, and to supply their

name, address, and date of birth to the

State. 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 April 1,

1995.

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

Environmental Science Center), Laurel,

Maryland 20708–4028.

FOR FURTHER INFORMATION CONTACT: Paul

I. Padding, Office of Migratory Bird

Management, U.S. Fish and Wildlife

Service, (301) 497–5980, FAX (301)

497–5981.

SUPPLEMENTARY INFORMATION: The

purpose of this rule is to expand the

Program to include the States of

Michigan, Oklahoma, and Oregon

beginning in the 1995–96 hunting

season, and to make minor

modifications to the Program.

Background

The purpose of this cooperative

Program is to obtain annually 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 small handling fee to

compensate agents and to cover the

State’s administrative costs associated

with conducting this 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 current 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 5

business days of issuance of the hunting

license or permit (10 business days if

the information is provided in

electronic form). Several States have

expressed concern that they can 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. The results and

implications of that experiment will be

discussed at the next meeting of the

State/Federal technical group, prior to

publication of a final rule in 1995.

The Service previously stated that

additional States will continue to be

added until all States participate in

1998. The suggested schedule was

included in a final rule published in the

October 21, 1994, Federal Register (59

FR 53334). Seven States requested

changes to the suggested schedule; in

response to those requests, four States

were moved back in the agenda

(Louisiana, Minnesota, Pennsylvania,

and Texas) while three States were

advanced (Idaho, Michigan, and Ohio).

Several States have subsequently

indicated that they may not be able to

implement the Program by the year that

the current schedule requires them to

enter the Program. The States and the

Service are presently developing

mutually acceptable measures for

ensuring that the Program will achieve

full implementation on schedule.

Proposed Modifications to the Program

In addition to implementation of the

Program in Michigan, Oklahoma, and

Oregon, the Service is proposing several

other modifications to the Program. One
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules 14195

such modification would increase the

time allowed for providing names and

addresses to the Service. Results of the

Service’s experiment (described above)

will provide the basis for determining

the extent to which the time

requirement should be changed.

Another modification being proposed

is to require harvest estimates for

hunters who are exempted from a

permit requirement and those that are

also exempted from State licensing

requirements. This would include

several categories of hunters such as

junior hunters, senior hunters,

landowners, and other special

categories. These exemptions vary on a

State-by-State basis. The requirement

would likewise vary by State and be

incorporated into individual

cooperative agreements with the

Service.

Excluding those hunters who are not

required to obtain an annual State

hunting license from the Program also

excludes their harvest from the

estimates. The importance of their

harvest depends on how many hunters

are excluded and on the number of birds

they bag. Excluding these hunters may

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).

NEPA Consideration

The establishment of this 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 and the

Paperwork Reduction Act

On June 14, 1991, the Assistant

Secretary for Fish and Wildlife and

Parks concluded that the rule would not

have a significant effect on a substantial

number of small entities under the

Regulatory Flexibility Act 5 USC 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 small

handling fee to compensate their

hunting-license vendors and 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.

The collection of information

contained in this rule has 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 is required from

licensed hunters to obtain the benefit of

hunting migratory game birds.

The public reporting burden for this

collection of information is estimated to

average 0.015 hours per response,

including the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Comments regarding the burden

estimate or any other aspect of these

reporting requirements should be

directed 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.

Executive Order 12866

This rule was not subject to Office of

Management and Budget review under

Executive Order 12866.

Executive Order 12612 - Federalism

The regulations do not have

significant Federalism effects as

provided in Executive Order 12612. Due

to the migratory nature of certain

species of birds, the Federal

Government has been given

responsibility over these species by the

Migratory Bird Treaty Act. State harvest

surveys presently cannot provide

adequate national estimates of migratory

game bird harvests for the following

reasons: (1) some States do not now

conduct annual harvest surveys or

maintain accessible lists of hunter

names and addresses; (2) comparable

information is not available from all

States because States have different

licensing laws regulating who must buy

a hunting license and different survey

procedures; (3) currently, many State

license lists are not available in time to

permit distribution of hunter records

early in the hunting season; and (4)

budget constraints often prevent States

from conducting harvest surveys during

certain years or could cause some States

to eliminate them completely.

These rules do not have a substantial

direct effect on fiscal capacity, change

the roles or responsibilities of Federal or

State Governments, or intrude on State

policy or administration. Therefore,

these regulations do not have significant

Federalism effects and do not have

sufficient Federalism implications to

warrant the preparation of a Federalism

Assessment. In fact, the Service would

cooperate with States in providing

special surveys to meet mutual

management needs, and increased

cooperation between Federal and State

agencies would reduce duplication of

survey efforts.

Executive Order 12360 - Taking of

Individual Property Rights

Executive Order 12360 discussed

guidelines for the taking of individual

property rights. These rules, authorized

by the Migratory Bird Treaty Act, do not

affect any constitutionally-protected

property rights. These rules would not

result in the physical occupancy of

property, the physical invasion of

property, or the regulatory taking of any

property.

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 recordkeeping 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: The Migratory Bird Treaty Act

(July 3, 1918), as amended, (16 U.S.C. 703–

711); the Fish and Wildlife Improvement Act

of 1978 (November 8, 1978), as amended, (16

U.S.C. 712); and the Fish and Wildlife Act of

1956 (August 8, 1956), as amended, (16

U.S.C. 742 a—d and e—j).

2. Section 20.20 is 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
14196 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules

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,

including the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

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

California, Maryland, Michigan,

Missouri, Oklahoma, Oregon, and South

Dakota 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.

(c) Tribal exemptions. Nothing in

paragraph (b) of this section shall apply

to hunters on Federal Indian

Reservations or to tribal members

hunting on ceded lands.

(d) State exemptions. Nothing in

paragraph (b) of this section shall apply

to those hunters who are exempted from

State-licensing requirements in the State

in which they are hunting.

(e) Implementation schedule. The

Service is continuing to implement this

Program over the next 3-year period

from 1996–1998, which will incorporate

approximately a half million additional

migratory bird hunters each year. It it

proposed that the States participate on

or before the following schedule:

1996—Alabama, Georgia, Idaho,

Illinois, Louisiana, Maine, Minnesota,

Mississippi, North Carolina,

Pennsylvania, Tennessee, Texas, and

Vermont.

1997—Arizona, Arkansas, Colorado,

Florida, Kentucky, Ohio, South

Carolina, Virginia, and Wisconsin.

1998—Alaska, Connecticut, Delaware,

Indiana, Iowa, Kansas, Massachusetts,

Montana, Nebraska, Nevada, New

Hampshire, New Jersey, New Mexico,

New York, North Dakota, Rhode Island,

Utah, Washington, West Virginia, and

Wyoming.

Dated: February 27, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95–6292 Filed 3–14–95; 8:45 am]

BILLING CODE 4310–55–F