Migratory Bird Harvest Information Program; Participating States for the 1996-97 Season

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]

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