[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Proposed Rules]
[Pages 14194-14196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6292]




[[Page 14193]]

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Part VIII





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; Proposed Rule

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


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.

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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 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 [[Page 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:


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 [[Page 14196]] 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