[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Proposed Rules]
[Pages 18936-18938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10524]




[[Page 18935]]


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Part IX





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; 
Proposed Rule

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

[[Page 18936]]



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.

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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 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

[[Page 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

[[Page 18938]]

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:

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 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 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 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