[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]
[[Page 43317]]
_______________________________________________________________________
Part VI
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
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.
[[Page 43319]]
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
[[Page 43320]]
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