18936 Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AD73

Migratory Bird Harvest Information

Program; Participating States for the

1996–97 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 Alabama, Georgia, Idaho, Illinois,

Maine, Minnesota, Mississippi,

Pennsylvania, Tennessee, and Vermont

(beginning with the 1996–97 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 29,

1996.

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:

Larry J. Hindman, Office of Migratory

Bird Management, U.S. Fish and

Wildlife Service, P.O. Box 68, Wye

Mills, Maryland 21679, (410) 827–8612,

FAX (410) 827–5186.

SUPPLEMENTARY INFORMATION: The

purpose of this rule is to expand the

Program to include the States of

Alabama, Georgia, Idaho, Illinois,

Maine, Minnesota, Mississippi,

Pennsylvania, Tennessee, and Vermont

beginning in the 1996–97 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).

The Service previously 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
Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Proposed Rules 18937

published in the August 18, 1995,

Federal Register (59 FR 43318). Three

States (Arkansas, North Carolina, and

Wisconsin) have requested one-year

delays to enable them to implement

improved licensing systems to better

accommodate the Program.

Proposed Modifications to the Program

In addition to implementation of the

Program in Alabama, Georgia, Idaho,

Illinois, Maine, Minnesota, Mississippi,

Pennsylvania, Tennessee, and Vermont,

the Service proposes to modify the

Program’s implementation schedule by

granting one-year delays to Arkansas,

North Carolina, and Wisconsin.

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 1,301,000

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 19,515

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 public

comments 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.

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 OMB

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

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.

These rules do not constitute a

significant regulatory action as defined

by Executive Order 12866, therefore an

assessment of their effects on State
18938 Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 / Proposed Rules

governments, under the Unfunded

Mandates Reform Act of 1995 (Pub. L.

104-4), is not required. The States may

require a handling fee from licensed

migratory bird hunters to cover the

administrative costs of implementing

the Program, thus these rules will not

have a significant economic impact on

the States.

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

Larry J. Hindman, 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. 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

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

1,301,000 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 19,515 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, California, Georgia, Idaho,

Illinois, Maine, Maryland, Michigan,

Minnesota, Mississippi, Missouri,

Oklahoma, Oregon, Pennsylvania, South

Dakota, Tennessee, 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.

(c) Tribal exemptions. Nothing in

paragraph (b) shall apply to hunters on

Federal Indian Reservations or to tribal

members hunting on ceded lands.

(d) State exemptions. Nothing in

paragraph (b) shall apply to those

hunters who are exempted from Statelicensing requirements in the State in

which they are hunting.

(e) Implementation schedule. The

Service is continuing to implement this

Program over the next 2-year period

from 1997–1998, which will incorporate

approximately 1.5 million additional

migratory bird hunters. It is proposed

that the States participate on or before

the following schedule:

1997—Arizona, Colorado, Florida,

Kentucky, North Carolina, Ohio, South

Carolina, Texas, and Virginia.

1998—Alaska, Arkansas, Connecticut,

Delaware, Indiana, Iowa, Kansas,

Louisiana, Massachusetts, Montana,

Nebraska, Nevada, New Hampshire,

New Jersey, New Mexico, New York,

North Dakota, Rhode Island, Utah,

Washington, West Virginia, Wisconsin,

and Wyoming.

Dated: March 25, 1996

Robert P. Davison

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 96–10524 Filed 4–26–96; 8:45 am]

BILLING CODE 4310–55–F