Migratory Bird Harvest Information Program

SUMMARY: The Fish and Wildlife Service (Service) and State wildlife

agencies (States) are cooperatively establishing a national Migratory

Bird Harvest Information Program (Program). The Program requires

licensed migratory game bird hunters to supply their names, addresses,

and other necessary information to the hunting licensing authority of

the State in which they hunt. The Program improves the quality and

extent of information about the harvests of migratory game birds to

better manage these populations. The Program requires hunters to have

evidence of current Program participation (Program validation) on their

person while hunting migratory game birds in participating States.

Hunters' names and addresses will provide a sample frame for voluntary

hunter surveys needed 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. This

specific action adds five States to the list of those participating in

the Program, bringing the total to 22.

DATE: This rule takes effect on September 1, 1997.

FOR FURTHER INFORMATION CONTACT: Paul I. Padding, Office of Migratory

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

Drive, Laurel, Maryland 20708-4028, (301) 497-5980, FAX (301) 497-5981.

SUPPLEMENTARY INFORMATION: This final rule facilitates the collection

of needed information about migratory game bird harvests. A proposed

rule was published in the March 14, 1997, Federal Register (62 FR

12524). This final rule amends Section 20.20 of 50 CFR by adding

Arizona, Delaware, Florida, Kentucky, and North Carolina to the list of

participating States. Licensed hunters, as a condition for hunting

migratory game birds in these States, will be required to annually

provide their names, addresses, and other necessary information to the

licensing authority of the State in which they hunt. This information

will provide a nationwide sampling frame of migratory bird hunters,

from which representative samples of hunters will be selected and asked

to participate in voluntary harvest surveys that the Service will

conduct annually.

The Service and States are currently implementing this Program over

a 5-year period, starting with the 1994-95 hunting season. During this

implementation, the Program's participation requirement will not apply

on Federal Indian Reservations or to tribal members hunting on ceded

lands. Participating States will provide the sample frame by annually

collecting the name, address, and date of birth of each State licensed

migratory bird hunter. 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

establishing the Program and initiating 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.

The Service formed a State/Federal group to evaluate Program

requirements, the different approaches used by the pilot States, and

the Service's survey procedures during the pilot phase. Their

evaluation resulted in Program changes specified in a final rule,

published in the October 21, 1994, Federal Register (59 FR 53334),

initiating the implementation phase of the Program.

Currently, all licensed migratory game birds hunters 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.

Names, addresses, and other information are needed in time to

distribute hunting record forms to selected hunters before they forget

the details of their hunts. Previously, the Service's survey design

required participating States to send the required information to the

Service within 5 business days of the hunting license or permit

issuance (10 business days if the information is in electronic form).

Several States expressed concern that they could 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. Based on the

results of that experiment, the Service now requires participating

States to forward hunter information to the Service within 30 calendar

days from the date of license or permit issuance.

The Service does not require hunters exempted from State permit and

licensing requirements to participate in the Program. This would

include junior hunters, senior hunters, landowners, and other special

categories. Exemptions vary on a State-by-State basis. Excluding these

hunters from the Program also excludes their harvest from the estimates

which may result in serious bias. Thus States may require exempted

hunters to participate; and the Service encourages States to provide

any available information about these groups (for example, junior

hunter safety course participant lists and State harvest estimates for

exempted categories) to the Service for use in improving harvest

estimates. Methodology may vary by State and will be incorporated into

individual Memoranda of Agreement with the Service.

The Service will use the names and addresses only for conducting

hunter surveys, and will delete names and addresses after the surveys.

State uses of these names and addresses will be governed by State laws.

Under 5 U.S.C. 553(d)(3), at least 30 days is required for a rule

to become effective unless an agency has good cause to make it sooner.

The Service and the States are currently implementing this Program over

a five-year period at the request of the International Association of

Fish and Wildlife Agencies. The States added by this rule to the list

of participating States, Arizona, Delaware, Florida, Kentucky, and

North Carolina, have prepared for a September 1 implementation date of

the Program. Generally, migratory game bird hunting seasons may begin

as early as September 1, 1997, and since migratory game bird hunters

are required to have a Program validation on their person while hunting

migratory game birds in these States, the Service believes good cause

exists to make this rule effective on September 1, 1997.

[[Page 45707]]

Review of Comments and the Service's Response

The Service received comments on the proposed rule from two States.

1. Implementation Phase--Schedule of State Participation

Comment: Delaware requested that its scheduled implementation be

advanced from 1998 to 1997. Delaware will implement a telephone license

sales system in 1997 and prefers to implement the Program at the same

time.

Service Response: The Service welcomes Delaware's proposed advance

and will accommodate this change in the schedule.

Comment: Texas indicated that it experienced some technical

difficulties with the electronic license sales system that it

implemented last year. Texas requested that the Program's requirements

be waived for a portion of its 1997-98 hunting license year, to give

the State additional time to resolve those problems. Thus, Texas

proposed to begin collecting the required information from migratory

bird hunters on October 1, 1997.

Service Response: The Service recognizes the unique problems

associated with implementing a new electronic license system in Texas,

where the number of licensed hunters exceeds 1,000,000. However, this

proposal will result in an incomplete sample frame from Texas.

Therefore, the Service will not conduct Harvest Information Program

surveys of Texas' migratory bird hunters during the 1997 hunting

season. The Service will conduct the traditional waterfowl harvest

survey based upon a sample of Federal duck stamp purchasers in Texas.

To avoid confusion among hunters and law enforcement personnel in

Texas, the Service will omit Texas from the list of States in which

hunters are required to participate in the Program in 1997.

NEPA Consideration

The Service considered the establishment of this Harvest

Information Program and options 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 1,650,000 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 24,750 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 considered comments by the public 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.

Executive Order 12866

This rule was not subject to Office of Management and Budget review

under Executive Order 12866.

Unfunded Mandates Reform Act

The Service has determined and certifies pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not

impose a loss of $100 million or more in any given year on local or

state governments or private entities.

Civil Justice Reform--Executive Order 12988

The Department has determined that these regulations meet the

applicable standards provided in Sections 3(a) and 3(b)(2) of Executive

Order 12988.

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 record keeping

requirements, Transportation, Wildlife.

[[Page 45708]]

For the reasons set out in the preamble, 50 CFR part 20 is 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. In Section 20.20 paragraphs (a), (b) and (e) are 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 1,650,000

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 24,750 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, Arizona, California, Delaware, Florida, Georgia, Idaho,

Illinois, Kentucky, Maine, Maryland, Michigan, Minnesota, Mississippi,

Missouri, North Carolina, Oklahoma, Oregon, Pennsylvania, South Dakota,

Tennessee, and Vermont must 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 must have

on his or her person evidence, provided by that State, of compliance

with this requirement.

* * * * *

(e) Implementation schedule. The Service is completing the

implementation of this Program in 1998, which will incorporate

approximately 1.6 million additional migratory bird hunters. The State

of Texas will collect the name, address, and other necessary

information from migratory bird hunters who are issued hunting licenses

in Texas on or after October 1, 1997. All States must participate in

the Program in 1998.

Dated: August 21, 1997.

William L. Leary,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 97-22849 Filed 8-27-97; 8:45 am]

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