Migratory Bird Harvest Information Program; Proposed Rule DEPARTMENT OF THE INTERIOR

SUMMARY: The Fish and Wildlife Service (Service) herein proposes to

amend the Migratory Bird Harvest Information Program (Program)

regulations. The Service plans to add Texas and Maryland (beginning

with the 1994-95 hunting season) to the list of participating States,

and to implement some additional modifications to the Program. This

regulatory action will require that licensed hunters in all

participating States have evidence of current participation in the

Program on their person while hunting migratory game birds. 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 sampling frame for a voluntary

hunter survey to improve harvest estimates for all migratory game

birds.

DATE: The comment period for the proposed rule will end on May 13,

1994.

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: Robert L. Jessen, Migratory Bird

Harvest Information Program Coordinator, Office of Migratory Bird

Management, U.S. Fish and Wildlife Service, 10815 Loblolly Pine Drive,

Laurel, Maryland 20708-4028, (301) 497-4986, FAX (301) 497-5981.

SUPPLEMENTARY INFORMATION: The purpose of this rule is to expand the

Harvest Information Program (Program) to include the States of Texas

and Maryland beginning in the 1994-95 hunting season, and to make minor

modifications to the Program. One such modification is proposed to

limit the requirement for participation to only State-licensed

migratory bird hunters. Another modification would require compliance

with the Program in each State in which an individual hunts migratory

game birds.

Background

A notice of intent to establish the Program was published in the

Federal Register on June 24, 1991. The proposed rule was published in

the Federal Register on June 10, 1992. State wildlife agencies

expressed a number of concerns in response to the proposed rule. The

majority of comments were positive and constructive in nature. However,

many States were severely disappointed that the sole remaining option

placed the major cost burden on the State wildlife agency. The

identification of licensed migratory bird hunters and the collection of

names, addresses and other information from them would be the State's

responsibility and represents the major portion of the cost burden;

while conduct of the harvest survey would be a Federal responsibility.

Many States would have preferred the opportunity of using a

separate Federal permit card. A State/Federal technical working group

is continuing to develop procedures that would improve harvest

estimates without placing unnecessary burdens on State agencies,

license vendors or the hunters. Alternative survey designs continue to

be investigated. Specifically, alternative survey methods for special

groups of unlicensed hunters (e.g., junior and senior hunters) are

being investigated to determine if any resulting biases in the

estimates would compromise the quality of the survey and if other

procedures could be developed that would conform to accepted

statistical standards.

The final rule was published in the Federal Register on March 19,

1993. The effect of that final rule was to establish the Program and

implement the pilot phase in three States.

Implementation of Pilot Phase

State wildlife agencies and the Service began implementing and

studying the Program in 1992 with a 2-year pilot phase in three

volunteer States (California, Missouri, and South Dakota). These States

are providing the names and addresses of migratory bird hunters and

other necessary information, from which the Service is conducting a

national Migratory Bird Harvest Survey.

The pilot phase of the Program is being preliminarily evaluated to

determine the adequacy and timeliness of the sample and the time

burden, cost, and other impacts on hunters, State license agents, State

wildlife agencies, and the Service. The approaches used in different

States are being compared for costs, efficiency, convenience and survey

performance.

The Service previously stated that after evaluation in 1994 of this

pilot phase and consideration of any proposed changes, other States

will be phased into the Program until all States will participate in

1998. The suggested schedule was published in the June 10, 1992,

proposed rule. Consistent with that schedule, Texas will participate in

the Program beginning in 1994. Maryland has requested to participate in

the Program earlier than scheduled. Revision of the implementation

schedule is being proposed in this rulemaking document.

Description of Program (1992-1994)

Currently, all migratory game bird hunters in participating States

are required to have a Program validation indicating that they have

provided their names and addresses to the State wildlife agency.

Validations are printed on their annual State hunting license or

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. Individual migratory bird

hunters are not required to obtain evidence of Program participation in

more than one State per year.

The names, current addresses, and necessary information for an

adequate sample of migratory bird hunters are needed in time for

hunting-record forms to be distributed to selected hunters before they

forget the details of their hunts. Because of this fundamental need,

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.

Proposed Modifications to the Program

In addition to implementation of the Program in Texas and Maryland,

the Service is proposing several other modifications to the Program.

One such modification would require persons who hunt migratory game

birds in more than one State to identify themselves as migratory game

bird hunters and provide their names, addresses, and dates of birth to

each State in which they hunt migratory game birds. Currently,

individual hunters are not required to participate in more than one

State per year; however, hunters must still adhere to the licensing

requirements of all individual States in which they hunt.

Another modification being proposed is to exempt hunters from a

permit requirement if they are also exempt 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.

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. Therefore, the Service is

currently evaluating the effects of excluding these hunters and would

appreciate any information that may be available. Minimum survey

standards are also being developed for exempt categories. One

suggestion is to allow a class of hunters to be excluded from

participating in the Program if 1) it is periodically demonstrated that

only minimal bias in the estimates results from their exclusion or 2) a

statistically sound alternate sampling procedure is implemented. States

entering the program will individually address the effects of exempting

unlicensed hunters through a cooperative agreement with the Service.

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.

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:

Some States do not now conduct annual harvest surveys or maintain

accessible lists of hunter names and addresses. 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. Currently, many State license lists are not

available in time to permit distribution of hunter records early in the

hunting season. 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 authors of this rule are Robert L. Jessen and William

O. Vogel, 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

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, Missouri, South Dakota, and Texas 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 exempt from State-licensing requirements in the State

in which they are hunting.

(e) Implementation schedule. The Service is implementing this

Program over a 5-year period from 1994-1998 which will incorporate

approximately a half million additional migratory bird hunters each

year. States must participate on or before the following schedule:

1994 - California, Maryland, Missouri, South Dakota, and Texas.

1995 - Georgia, Louisiana, Minnesota, and Pennsylvania

1996 - Alabama, Illinois, Michigan, Mississippi, North Carolina,

Oklahoma, and Tennessee.

1997 - Arizona, Arkansas, Colorado, Florida, Kentucky, South

Carolina, Virginia, and Wisconsin.

1998 - Alaska, Connecticut, Delaware, Idaho, Indiana, Iowa,

Kansas, Maine, Massachusetts, Montana, Nebraska, Nevada, New

Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio,

Oregon, Rhode Island, Utah, Vermont, Washington, West Virginia, and

Wyoming.

Dated: February 11, 1994.

George T. Frampton,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 94-5787 Filed 3-11-94; 8:45 am]

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