[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Rules and Regulations]
[Pages 43318-43320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20463]




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Part VI





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; Final Rule

  Federal Register / Vol. 60, No. 160 / Friday, August 18, 1995 /  
Rules and Regulations  

[[Page 43318]]


DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AD08


Migratory Bird Harvest Information Program

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) and State wildlife 
agencies (States) are cooperatively establishing a national Migratory 
Bird Harvest Information Program (Program) in which licensed migratory 
game bird hunters will be required to participate by supplying their 
names, addresses, and other necessary information to the hunting 
licensing authority of the State in which they hunt. The purpose of the 
Program is to improve the quality and extent of information about 
harvests of migratory game birds in order to better manage these 
populations. Hunters will be required to have evidence of current 
participation in the Program on their person while hunting migratory 
game birds in participating States. Hunters' names and addresses will 
be used 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.

EFFECTIVE DATE: This rule takes effect on September 1, 1995.

FOR FURTHER INFORMATION CONTACT: Larry J. Hindman, Migratory Bird 
Harvest Information Program Coordinator, Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, (410) 827-8612, FAX (410) 
827-5186.

SUPPLEMENTARY INFORMATION: The purpose of this final rule is to 
facilitate the collection of needed information about the harvest of 
migratory game birds. A proposed rule was published in the March 15, 
1995, Federal Register (60 FR 14194). This final rule revises the 
migratory bird hunting regulations to require licensed hunters, as a 
condition for hunting migratory game birds, 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 requirement to participate in the Program will not 
apply on Federal Indian Reservations or to tribal members hunting on 
ceded lands. The participating States 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/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 names, addresses, and other information for an adequate sample 
of hunters are needed in time for hunting record forms to be 
distributed to selected hunters before they forget the details of their 
hunts. The Service's survey design previously called for participating 
States to send the required information to the Service within 5 
business days of issuance of the hunting license or permit (10 business 
days if the information is provided 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, participating States are now required to forward the hunter 
information to the Service within 30 calendar days from the date of 
license or permit issuance.
    Hunters who are exempted from State permit and licensing 
requirements are not required to participate in the Program. 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 these hunters from the 
Program also excludes their harvest from the estimates. While the 
importance of their harvest depends on how many hunters are excluded 
and on the number of birds they harvest, excluding these hunters may 
result in serious bias. As a result, States may require exempted 
hunters to participate (e.g., Maryland required exempted hunters to 
obtain permits upon entry to the Program in 1994), and States are 
encouraged to provide any available information about these groups (for 
example, junior hunter safety course participant lists, names and 
addresses of landowners, State harvest estimates for exempted 
categories) to the Service for use in improving harvest estimates. The 
methodology used may vary by State and will be incorporated into 
individual Memoranda of Agreement with the Service.
    To protect hunters' privacy, it is the policy of the Service to use 
the names and addresses only for conducting hunter surveys. Names and 
addresses will not be used for any other purpose. 

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All records of hunters' names and addresses will be deleted after the 
surveys, and no permanent record of names and addresses will be 
maintained by the Service. State uses of these names and addresses will 
be governed by State laws.
    The provisions of 5 U.S.C. 553(d)(3) provide for a minimum of 30 
days for a rule to become effective unless an agency, for good cause, 
has reason 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. This rule will 
add Michigan, Oklahoma and Oregon to the list of States already 
participating. Migratory game bird hunting seasons can begin as early 
as September 1, 1995. Since migratory game bird hunters would be 
required to have evidence of current participation in the Program on 
their person while hunting migratory game birds in these States, the 
Service finds good cause to make this rule effective on September 1, 
1995.

Review of Comments and the Service's Response

    Comments on the proposed rule were received from five States. None 
of the comments questioned the need for the Program or for improved 
migratory bird harvest estimates. Two States requested a delay in their 
implementation date. Five States, Arkansas, Louisiana, Michigan, Texas, 
and Wisconsin, expressed support for the Program.

1. Time Allowed for Providing Names and Addresses to the Service

    Comments: Arkansas expressed support for the modification in the 
time allowed for providing names, addresses, and other information to 
the Service from within 10 business days to within 30 calendar days of 
issuance of the State hunting license or permit. Louisiana indicated 
that the 30-day time period would not substantially improve their 
ability to provide the Service the names, addresses, dates of birth, 
and answers to screening questions from licensed migratory bird 
hunters, and encouraged the Service to consider extending the time 
frame (to more than 30 days) for providing the required information. 
They also requested the Service to evaluate the impact of using the 
names and addresses of hunters from previous hunting seasons as the 
Program sampling frame.
    Service Response: Previously, participating States were to send the 
required information to the Service within five business days of 
issuance of the hunting license or permit (10 business days if the 
information is provided in electronic form). Results of the Service's 
experiment during the 1994-95 hunting season, however, suggest that a 
longer reporting period (i.e., 30 days) may not adversely affect the 
accuracy of survey results. Therefore, the Service will allow States to 
provide the required information within 30 calendar days of issuance of 
hunting license or permit. The Service will continue to evaluate the 
impacts of reporting time on survey results.

2. Require Harvest Estimates from License-Exempt Hunters

    Comments: In response to the request for information on unlicensed 
hunters, only Minnesota and Louisiana responded. Minnesota has 
identified about 20,000 license-exempt hunters (e.g., hunters 12-15 
years old) that have taken hunter safety training. They indicated, 
however, that they would not be able to include them in the Program 
sampling frame until 1998. Furthermore, they commented that they are 
unable to obtain the names and addresses of certain categories of 
license exempt-hunters (e.g., military personnel on leave, resident 
landowners, and junior hunters). These categories include a few hundred 
migratory bird hunters and their migratory bird harvest would be 
``negligible.'' Louisiana commented that while they do not support 
requiring unlicensed hunters to participate in the Program, they would 
be able to identify a portion of their licensed-exempt hunters using 
their hunter education program registration. Louisiana also commented 
that as a data base of migratory bird hunters in the State is 
developed, it is likely that the required information from senior 
hunters (e.g., 60 years of age or older) could be maintained using 
date-of-birth records.
    Service Response: The Service does not require States to provide 
information on license-exempt migratory bird hunters. However, 
excluding those hunters who are not required to obtain an annual State 
hunting license from the Program also excludes their harvest from the 
estimates. As the Service has indicated, the importance of their 
harvest depends on how many hunters are excluded and on the number of 
birds taken, and further, that excluding these hunters may result in 
serious bias. The Service recognizes that these exemptions vary by 
State and proposes to work with each State as it enters the Program to 
develop mutually acceptable methods to determine the harvest of 
migratory birds by these hunter categories.

3. Implementation Phase--Schedule of State Participation

    Comment: Texas requested to delay implementation from 1996 to 1997. 
Texas will implement a major license system change in 1996 and would 
like to implement the Harvest Information Program after that change has 
been completed. Likewise, Louisiana requested a delay from 1996 to 
1998, also due to anticipated changes in their licensing system.
    Service Response: The Service has consistently encouraged States to 
advance in the implementation schedule, while discouraging any delays. 
However, the proposed delays by Texas and Louisiana are premised on 
improved license procedures that will better accommodate the Program. 
Therefore, a one-year delay will be granted for Texas enabling them to 
implement the Program in 1997 and a two-year delay will be granted for 
Louisiana enabling them to enter the Program in 1998.

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 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 fee to cover their administrative costs. 
State hunting-license vendors range from small to very large entities 
and this rule should not economically impact any vendors/agents. Only 
migratory game bird hunters (individuals) would be 

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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: 
(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.

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 Paul I. Padding, 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 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 amended by revising paragraphs (b) and (e) to 
read as follows:


Sec.  20.20  Migratory Bird Harvest Information Program.

* * * * *
    (b) General provisions. Each person hunting migratory game birds in 
California, Maryland, Michigan, Missouri, Oklahoma, Oregon, and South 
Dakota 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.
* * * * *
    (e) Implementation schedule. The Service is continuing to implement 
this Program over the next 3-year period from 1996-1998. States must 
participate on or before the following schedule:
    1996--Alabama, Georgia, Idaho, Illinois, Maine, Minnesota, 
Mississippi, North Carolina, Pennsylvania, Tennessee, and Vermont.
    1997--Arizona, Arkansas, Colorado, Florida, Kentucky, Ohio, South 
Carolina, Texas, Virginia, and Wisconsin.
    1998--Alaska, 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, and Wyoming.

    Dated: August 10, 1995.
Robert P. Davison,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-20463 Filed 8-17-95; 8:45 am]
BILLING CODE 4310-55-F