**GAO-04-137R**                      Oct 08, 2003                  

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## Highlights

GAO reviewed the Department of the Interior, Fish and Wildlife Service's rule on migratory bird hunting. GAO found that (1) the rule would require special late-season migratory bird hunting regulations for certain tribes on federal Indian reservations, off-reservation trust lands and ceded lands; and (2) the Service complied with the applicable requirements in promulgating the rule.

##  Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2003-04 Late Season,GAO-04-137R, October 8, 2003

B-292934October 8, 2003The Honorable James M. Inhofe     Chairman     The Honorable James M. Jeffords     Ranking Minority Member     Committee on Environment and Public Works     United States SenateThe Honorable Richard W. Pombo     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; Regulations on Certain Federal Indian Reservations and    Ceded Lands for the 2003-04 Late Season*Pursuant 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; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2003-04 Late Season (RIN:    1018-AI93). We received the rule on September 23, 2003. It was published in the Federal Register as a final rule on September 29, 2003.68 Fed. Reg. 56102. 

The final rule prescribes special late-season migratory bird hunting regulations for certain tribes on federal Indian reservations, off-reservation trust lands and ceded lands.     Enclosed is our assessment of the Services 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     Enclosurecc: Craig Manson     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; REGULATIONS ON     CERTAIN FEDERAL INDIAN RESERVATIONS AND     CEDED LANDS FOR THE 2003-04 LATE SEASON"     (RIN: 1018-AI93)(i) Cost-benefit analysis     Collectively, the migratory bird hunting regulations (of which this final rule is a part) have an expected welfare benefit of $50 million to $192 million.(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C.  603-605, 607, and 609     The Services 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 regulations 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 2003.(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 May 6, 2003, through August 29, 2003, the Service published four Notices of Proposed    Rulemaking (NPRMs) covering the various aspects of the migratory bird hunting regulations.  The comments received in response to the NPRMs 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 collection requirements of the    Migratory Bird Harvest Information Program 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 October 31, 2004.     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 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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