[Federal Register Volume 59, Number 49 (Monday, March 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5787]


[[Page Unknown]]

[Federal Register: March 14, 1994]


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Part II





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; Proposed Rule
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AC37

 
Migratory Bird Harvest Information Program

AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.

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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]
BILLING CODE 4310-55-F