**GAO-02-109R**                      Oct 11, 2001                  

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## Highlights

This report reviews the Department of the Interior, Fish and Wildlife Service's, new rule on "Migratory Bird Hunting; Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2001-02 Late Season." GAO found that (1) the rule would prescribe 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 2001-02 Late Season,GAO-02-109R, October 11, 2001

B-288980

October 11, 2001

The Honorable Daniel K. Inouye     Chairman     The Honorable Ben Nighthorse Campbell     Ranking Minority Member     Committee on Indian Affairs     United States Senate

The 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; Regulations on Certain Federal Indian      Reservations and Ceded Lands for the 2001-02 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 2001-02 Late Season" (RIN:    1018-AH79). We received the rule on September 24, 2001. It was published in the Federal Register as a final rule on September 28, 2001. 66 Fed. Reg. 49774.

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 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

Enclosure

cc: Mr. Joseph E. Doddridge       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; REGULATIONS ON     CERTAIN FEDERAL INDIAN RESERVATIONS     AND CEDED LANDS FOR THE 2001-02 LATE SEASON"     (RIN: 1018-AH79)

(i) Cost-benefit analysis

According to the cost-benefit analysis contained in the filing with our Office, 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    Service believes as many as 738,000 small businesses will share in sales of between $429 and $1,084 million.

(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 a federal mandate, as defined in title II, of more than $100 million in any one year on either state, local, or tribal governments or the private    sector.

(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. On August 14, 2001, the Service published a Notice of Proposed Rulemaking in the    Federal Register. 66 Fed. Reg. 42712.

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 September 30, 2001. OMB has also approved the Sandhill Crane Harvest Questionnaire, Control No. 1018-0023, expiration date of July 31, 2003.

Statutory authorization for the rule

The rules concerning migratory waterfowl hunting are authorized under 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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