GAO-01-1121R

United States General Accounting Office

Washington, DC 20548

B-288748

September 11, 2001

The Honorable James M. Jeffords

Chairman

The Honorable Bob Smith

Ranking Minority Member

Committee on Environment and Public Works

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; Early Seasons and Bag and Possession Limits for Certain

Migratory Game Birds in the Contiguous United States, Alaska, Hawaii,

Puerto Rico, and the Virgin Islands

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; Early Seasons and Bag and Possession

Limits for Certain Migratory Game Birds in the Contiguous United States, Alaska,

Hawaii, Puerto Rico, and the Virgin Islands” (RIN: 1018-AH79). We received the rule

on August 24, 2001. It was published in the Federal Register as a final rule on

August 29, 2001. 66 Fed. Reg. 45730.

The final rule prescribes the hunting seasons, hours, areas, and daily bag and

possession limits of various migratory game birds in the contiguous United States,

Alaska, Hawaii, Puerto Rico, and the Virgin Islands and some extended falconry

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.
Page 2 GAO-01-1121R

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
GAO-01-1121R

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; EARLY SEASONS AND BAG AND

POSSESSION LIMITS FOR CERTAIN MIGRATORY GAME BIRDS

IN THE CONTIGUOUS UNITED STATES, ALASKA, HAWAII,

PUERTO RICO, AND THE VIRGIN ISLANDS"

(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

business 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. From April 30, 2001, through July 31, 2001, 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 responded to in the preamble to the final rule.
Page 2 GAO-01-1121R

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.