[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Proposed Rules]
[Pages 18936-18938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10524]
[[Page 18935]]
_______________________________________________________________________
Part IX
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Migratory Bird Harvest Information Program: Participating States;
Proposed Rule
Federal Register / Vol. 61, No. 83 / Monday, April 29, 1996 /
Proposed Rules
[[Page 18936]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AD73
Migratory Bird Harvest Information Program; Participating States
for the 1996-97 Season
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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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]
BILLING CODE 4310-55-F
