B-310412
October 5, 2007
The Honorable BarbaraBoxer
Chairman
The Honorable James M. Inhofe
Ranking Minority Member
Committee on Environment and Public Works
United States Senate
The Honorable Nick J.Rahall II
Chairman
The Honorable Don Young
Ranking Minority Member
Committee on Natural Resources
House of Representatives
Subject: Department of the Interior, Fish and Wildlife Service: Migratory BirdHunting; Late Seasons and Bag and Possession Limits for Certain Migratory GameBirds
Pursuant to section801(a)(2)(A) of title 5, United States Code, this is our report on a major rulepromulgated by the Department of the Interior, Fish and Wildlife Service(Service), entitled Migratory Bird Hunting; Late Seasons and Bag andPossession Limits for Certain Migratory Game Birds (RIN: 1018-AV12). We received the rule on September 20, 2007. It was published in the Federal Register as afinal rule on September 21, 2007. 72 Fed. Reg. 54,158.
The final rule prescribes the hunting seasons, hours,areas, and daily bag and possession limits for general waterfowl seasons andthose early seasons for which states previously deferred selection.
Enclosed is our assessment of the Services compliancewith the procedural steps required by section 801(a)(1)(B)(i) through (iv) oftitle 5 with respect to the rule. Ourreview indicates that the Service complied with the applicable requirements.
If you have any questions about this report, pleasecontact Michael R. Volpe, Assistant General Counsel, at (202) 512-8236. The official responsible for GAO evaluationwork relating to the subject matter of the rule is Robert Robinson, ManagingDirector, Natural Resources and Environment.Mr. Robinson can be reached at (202) 512-3841.
signed
Robert J. Cramer
Associate General Counsel
Enclosure
cc: DavidM. Verhey
Assistant Secretary for Fish and
Wildlife and Parks
Department of the Interior
ENCLOSURE
REPORT UNDER 5 U.S.C. sect.801(a)(2)(A) ON A MAJORRULE
ISSUED BY THE
DEPARTMENT OF THE INTERIOR,
FISH AND WILDLIFE SERVICE
ENTITLED
"MIGRATORY BIRD HUNTING; LATE SEASONS AND BAG AND
POSSESSION LIMITS FOR CERTAIN MIGRATORY GAME BIRDS"
(RIN: 1018-AV12)
(i) Cost-benefit analysis
The Fish and Wildlife Service (Service) has determinedthat the expected welfare benefit of the annual migratory bird huntingframeworks ranges from $734 million to $1.064 billion, with a mid-pointestimate of $899 million. The benefitestimate is based on an analysis from 2004.The Service updated the 2004 analysis with respect to duck hunting anddetermined that the total consumer surplus of the annual duck huntingframeworks is on the order of $220 to $360 million, with a mid-point estimateof $291 million.
(ii) Agency actions relevant to the RegulatoryFlexibility Act, 5 U.S.C. sections603-605, 607, and 609
The Service determined that the regulations will have asignificant impact on a substantial number of small entities under theRegulatory Flexibility Act. The Serviceissued a Small Entity Flexibility Analysis (Analysis) to comply with the requirementsof the Act. The Analysis as relates toall migratory bird hunting was last updated in 2004. The 2004 Analysis estimated that migratorybird hunters would spend between $481 million and $1.2 billion at smallbusinesses in 2004. The Service updatedthe 2004 Analysis with regards to duck hunting and estimates that duck hunterswill spend between $291 and $473.5 million at small businesses in 2007. The Service plans a full update of theAnalysis in 2008 when the full results of the 2006 National Hunting and FishingSurvey will be available.
(iii) Agency actions relevant to sections 202-205 ofthe Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections1532-1535
The Service determined and has certified that therulemaking will not impose a cost of more than $100 million dollars in anygiven year on local or state governments or private entities. As a result, the rule is not significantunder the Unfunded Mandates Reform Act of 1995.
(iv) Other relevantinformation or requirements under acts and executive orders
Administrative ProcedureAct, 5 U.S.C. sections551 et seq.
The Service published a series of proposed rules relatingto late-season migratory bird hunting from April 11, 2007, to August 31, 2007. 72 Fed. Reg.18,328 (April 11, 2007); 72Fed. Reg. 31,789 (June 8, 2007);72 Fed. Reg. 50,613 (Aug. 31, 2007).The Service received comments on theseproposed rules, to which they responded in a previous rule establishinglate-season frameworks. 72 Fed. Reg. 53,88253,888.The Service found good cause undersection 553(d)(3) of title 5, allowing this final rule to take effectimmediately on publication. 72 Fed. Reg.54,158, 54,160. See also 5U.S.C. sect.808(1).
Paperwork Reduction Act, 44 U.S.C. sections3501-3520
There are no new information collections under this rulethat would require the Office of Management and Budgets (OMB) approval. OMB has approved the existing informationcollection requirements of the surveys associated with the Migratory BirdHarvest Information Program and assigned clearance number 1018-0015, which expires on February 29, 2008.
Statutory authorization for the rule
The rules concerning migratory bird hunting are authorizedby sections 703 to 712 and 742a to 742j of title 16, United States Code.
Executive Order No. 12,866
The final rule, as part of the migratory bird huntingregulation, was determined to be economically significant by the Service andwas reviewed by the Office of Management and Budget under Executive Order No.12,866. The Service relied on itscost-benefit analysis from 2004 to conclude that the expected welfare benefitof the annual migratory bird hunting frameworks ranges from $734 million to$1.064 billion, with a mid-point estimate of $899 million. The Service updated the 2004 analysis withrespect to duck hunting and determined that the total consumer surplus of theannual duck hunting frameworks is on the order of $220 to $360 million, with amid-point estimate of $291 million.
Executive Order No. 13,132 (Federalism)
The Service determined that the regulations do not havesufficient federalism implications to warrant the preparation of a federalism assessmentunder the Order.
