B-318656
September 9, 2009
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 Doc Hastings
Ranking Minority Member
Committee on Natural Resources
House of Representatives
Subject: Department of the Interior, Fish and Wildlife Service: Migratory BirdHunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations
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; Final Frameworks for Early-SeasonMigratory Bird Hunting Regulations (RIN: 1018-AW31). We received the rule on August 24, 2009. It was published in the Federal Register as a final rule on August 25, 2009. 74 Fed. Reg. 43,008.
The final rule prescribes final early-season frameworksfrom which the states, Puerto Rico, and the Virgin Islands may select seasondates, limits, and other options for the 2009-10 migratory bird huntingseasons.
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 of the procedures taken indicates that the Service complied with theapplicable requirements.
Section 808(1) of title 5, United State Code, exempts anyrule that establishes, modifies, opens, closes, or conducts a regulatoryprogram for a commercial, recreational, or subsistence activity related tohunting, fishing, or camping from the 60-day delay in the effective dateotherwise required by section 801(a)(3)(A). This is a rule related to hunting; therefore,the 60-day delay is not applicable. Thefinal rule is effective on August 25, 2009.
If you have any questions about this report or wish tocontact GAO officials responsible for the evaluation work relating to thesubject matter of the rule, please contact Shirley A. Jones, Assistant GeneralCounsel, at (202) 512-8156.
signed
Robert J. Cramer
Managing Associate General Counsel
Enclosure
cc: RonaldW. Kokel
Wildlife Biologist
U.S. Fish and Wildlife Service
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; FINAL FRAMEWORKS FOR
EARLY-SEASON MIGRATORY BIRD HUNTING REGULATIONS"
(RIN: 1018-AW31)
(i) Cost-benefit analysis
The Service relied on the economic analysis that wasprepared for the 2008-2009 season, because it chose to issue identicalregulations to past seasons for ducks and made only minor modifications to theseason frameworks for some other species.According to the Service, the modifications will not significantlychange the economic impacts of the rule which were not quantified for otherspecies. The Service estimated aconsumer surplus of $205$270 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 therequirements of the Act. The Analysis asrelates to all migratory bird hunting was last updated in 2008. The 2008 Analysis was based on the 2006National Hunting and Fishing Survey and the U.S. Department of CommercesCounty Business Patterns. The 2008 Analysis estimated that migratory birdhunters would spend approximately $1.2 billion at small businesses in 2008.
(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 a significantregulatory action under 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 aseries of proposed rules relating to late-season migratory bird hunting fromApril 10, 2009, to July 24, 2009. 74Fed. Reg. 16,339 (April 10, 2009); 74 Fed. Reg. 25,209 (May 27, 2009); 74 Fed.Reg. 36,870 (July 24, 2009). The Servicereceived comments on these proposed rules, to which they responded in the finalrule. 74 Fed. Reg. 43,008. The Service found good cause under section553(d)(3) of title 5, allowing this final rule to take effect immediately onpublication.
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 Migratory Bird Surveys and assigned control number1018-0023, which expires on February 28, 2011.OMB has also approved the existing information collection requirementsof the Alaska Subsistence Household Survey, an associated voluntary annualhousehold survey used to determine levels of subsistence take in Alaska, andassigned control number 1018-0124, which expires on January 31, 2010.
Statutory authorization for the rule
The rules concerning migratory bird hunting are authorizedby the Migratory Bird Treaty Act, sections 703 to 711 of title 16, UnitedStates Code.
Executive Order No. 12,866 (Regulatory Planning andReview)
The final rule, as part of the migratory bird huntingregulations, 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 the 20082009 season.
Executive Order No. 13,132 (Federalism)
The Service determined that the regulations do not havesufficient federalism implications to warrant the preparation of a federalismassessment under the Order.
