**GAO-02-1065R**                      Sep 09, 2002                  

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## Highlights

GAO reviewed the Fish and Wildlife Service new rule on final early-season frameworks for early season bird hunting regulations. GAO found that (1) the rule establishes the early-season frameworks from which states, Puerto Rico, and the Virgin Islands may select dates and other options available to them for the 2002-2003 migratory bird hunting season; and (2) the Service complied with the applicable requirements in promulgating the rule.

##  Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations, GAO-02-1065R, September 9,2002

B-291177September 9, 2002The Honorable James M. Jeffords     Chairman     The Honorable Bob Smith     Ranking Minority Member     Committee on Environment and Public Works     United States SenateThe Honorable James V. Hansen     Chairman     The Honorable Nick J. Rahall II     Ranking Minority Member     Committee on Resources     House of Representatives     Subject:Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting    RegulationsPursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of the    Interior, Fish and Wildlife Service (Service), entitled Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations (RIN: 1018-AI30).  We    received the rule on August 21, 2002.  It was published in the Federal Register as a final rule on August 23, 2002.  67 Fed. Reg. 54702.     The final rule establishes the early-season frameworks from which states, Puerto Rico, and the Virgin Islands may select dates and other options available to them for the 2002-2003 migratory    bird hunting seasons.     Enclosed is our assessment of the Service's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.  Our review indicates    that the Service complied with the applicable requirements.     If you have any questions about this report, please contact James W. Vickers, Assistant General Counsel, at (202) 512-8210.  The official responsible for GAO evaluation work relating to the    subject matter of the rule is Robert Robinson, Managing Director, Natural Resources and Environment.  Mr. Robinson can be reached at (202) 512-3841.                 signed     Kathleen E. Wannisky     Managing Associate General Counsel     cc:       David P. Smith     Acting Assistant Secretary for       Fish and Wildlife and Parks     Department of the Interior            ENCLOSURE     ANALYSIS UNDER 5 U.S.C.  801(a)(1)(B)(i)-(iv) OF A MAJOR RULE     ISSUED BY THE     DEPARTMENT OF THE INTERIOR,     FISH AND WILDLIFE SERVICE     ENTITLED     "MIGRATORY BIRD HUNTING; FINAL FRAMEWORKS     FOR EARLY-SEASON MIGRATORY BIRD HUNTING REGULATIONS"     (RIN: 1018-AI30)(i) Cost-benefit analysis     The migratory bird hunting regulations (of which this final rule is a part) collectively have an economic impact in excess of $1.2 billion.(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C.  603-605, 607, and 609     The Service's compliance with the Regulatory Flexibility Act consisted of a Small Entity Flexibility Analysis based on the 1996 National Hunting and Fishing Survey issued in    1998.  The survey is updated on a 5-year basis.  It appears that the analysis was limited because the regulation's impact is primarily beneficial to a very substantial number of small    entities.  The survey estimated that bird hunters would spend between $429 million and $1.084 billion at small businesses in 1998.(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C.  1532-1535     The final rule will not impose either an intergovernmental or private sector mandate, as defined in title II, of more than $100 million in any one year.(iv) Other relevant information or requirements under acts and executive orders     Administrative Procedure Act, 5 U.S.C.  551 etseq.     The final rule was issued using the notice and comment procedures contained at 5 U.S.C. 553.  From March 19, 2002, through July 17, 2002, the Service published three Notices of    Proposed Rulemaking (NPRM) covering the various aspects of the migratory bird hunting regulations.  The comments received in response to the NPRM's are discussed in the preamble to the final    rule.     Paperwork Reduction Act, 44 U.S.C.  3501-3520     The Service states that it uses various information collection requirements to develop future migratory game bird hunting regulations.  The information requirements of the Migratory Bird    Harvest Information Programs have been approved by the Office of Management and Budget (OMB) and assigned Control No. 1018-0015, expiration date of October 31, 2004.  OMB has also approved    the Sandhill Crane Harvest Questionnaire, Control No. 1018-0023, with an expiration date of July 31, 2003.     Statutory authorization for the rule     The rules concerning migratory waterfowl hunting are authorized by 16 U.S.C. 703-712 and 742a-j.     Executive Order No. 12866     Collectively, the rules for migratory bird hunting are reviewed by OMB and are considered to be economically significant.     Executive Order No. 13132 (Federalism)     According to the Service, the final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

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