GAO-01-1126R

United States General Accounting Office

Washington, DC 20548

B-288766

September 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; Migratory Bird Hunting Regulations on Certain Federal Indian

Reservations and Ceded Lands for the 2001-02 Early 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; Migratory Bird Hunting Regulations on

Certain Federal Indian Reservations and Ceded Lands for the 2001-02 Early Season”

(RIN: 1018-AH79). We received the rule on August 28, 2001. It was published in the

Federal Register as a final rule on August 31, 2001. 66 Fed. Reg. 46200.

The final rule prescribes special early 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
Page 2 GAO-01-1126R

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
GAO-01-1126R

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; MIGRATORY BIRD HUNTING

REGULATIONS ON CERTAIN FEDERAL INDIAN RESERVATIONS

AND CEDED LANDS FOR THE 2001-02 EARLY 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 et seq.

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. In the preamble to the final

rule, the Service responds to the one comment it received.
Page 2 GAO-01-1126R

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 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.