B-318737

October 8, 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 Late-Season Migratory Bird Hunting Regulations

Pursuant to section 801(a)(2)(A)of title 5, United States Code, this is our report on a major rule promulgatedby the Department of the Interior, Fish and Wildlife Service (Service),entitled "Migratory Bird Hunting; Final Frameworks for Late-Season MigratoryBird Hunting Regulations" (RIN: 1018-AW31).We received the rule on September 22, 2009. It was published in the Federal Register as a final rule on September 24, 2009. 74 Fed. Reg. 48,822.

The final rule prescribes final late-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 Service's 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 September 24, 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: RonW. 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
LATE-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 Commerce'sCounty 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 August 13, 2009. 74Fed. Reg. 16,339 (April 10, 2009); 74 Fed. Reg. 25,209 (May 27, 2009); 74 Fed.Reg. 41,008 (August 13, 2009). TheService received comments on these proposed rules, to which they responded in thefinal rule. 74 Fed. Reg. 48,822. 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 Budget's (OMB) approval. OMB has approved the existing informationcollection requirements of the Migratory Bird Surveys and assigned controlnumber 1018-0023, which expires on February 28, 2011. OMB has also approved the existinginformation collection requirements of the Alaska Subsistence Household Survey,an associated voluntary annual household survey used to determine levels ofsubsistence take in Alaska, and assigned control number 1018-0124, whichexpires 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 2008-2009 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.