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 2013-14 Early Season
GAO-13-860R: Sep 12, 2013
- Full Report:
GAO reviewed the Department of Interior's (Interior) new rule on migratory bird hunting regulations on certain Federal Indian reservations and ceded lands for the 2013-14 early season. GAO found that (1) 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; and (2) Interior complied with applicable requirements in promulgating the rule.
September 12, 2013
The Honorable Barbara Boxer
The Honorable David Vitter
Committee on Environment and Public Works
United States Senate
The Honorable Doc Hastings
The Honorable Nick J. Rahall III
Committee on Natural 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 2013-14 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, entitled Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2013-14 Early Season (RIN: 1018-AY87). We received the rule on August 26, 2013. It was published in the Federal Register as a final rule on August 28, 2013. 78 Fed. Reg. 53,218.
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. This rule responds to tribal requests for U.S. Fish and Wildlife Service recognition of tribal authority to regulate hunting under established guidelines. This rule allows the establishment of season bag limits and, thus, harvest, at levels compatible with populations and habitat conditions.
Enclosed is our assessment of Interiors 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 of the procedural steps taken indicates that Interior complied with the applicable requirements.
Section 808(1) of title 5, United States Code, exempts any rule that establishes, modifies, opens, closes, or conducts a regulatory program for commercial, recreational, or subsistence activity related to hunting, fishing, or camping from the 60-day delay in the effective date otherwise required by section 801(a)(3)(A). This is a rule relating to hunting and, therefore, the 60-day delay is not applicable. This final rule became effective on September 1, 2013.
If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Shirley A. Jones, Assistant General Counsel, at (202) 512-8156.
Robert J. Cramer
Managing Associate General Counsel
cc: Ron W. Kokel
U.S. Fish and Wildlife Service
Department of the Interior
REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
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 2013-14 Early Season"
(i) Cost-benefit analysis
Interior prepared an economic analysis for the 201314 season. This analysis was based on data from the 2011 National Hunting and Fishing Survey, the most recent year for which data are available. This analysis estimated consumer surplus for three alternatives for duck hunting (estimates for other species are not quantified due to lack of data). The alternatives are (1) issue restrictive regulations allowing fewer days than those issued during the 201213 season, (2) issue moderate regulations allowing more days than those in alternative 1, and (3) issue liberal regulations identical to the regulations in the 201213 season. For the 201314 season, Interior chose alternative 3, with an estimated consumer surplus across all flyways of $317.8$416.8 million. Interior also pointed out that it also chose alternative 3 for the previous seasons since 2009-10. Interior included the 201314 analysis in the record.
(ii) Agency actions relevant to the Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 603-605, 607, and 609
Interior determined that this final rule will have a significant impact on a substantial number of small entities. Interior relied on a small entity flexibility analysis that was last updated in 2013. The primary source of information about hunter expenditures for migratory game bird hunting is the National Hunting and Fishing Survey, which is conducted at 5-year intervals. The 2013 analysis was based on the 2011 National Hunting and Fishing Survey and the U.S. Department of Commerces County Business Patterns, from which it was estimated that migratory bird hunters would spend approximately $1.5 billion at small businesses in 2013.
(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. §§ 1532-1535
Interior certified that this final rule will not impose a cost of $100 million or more in any given year on local or state government or private entities.
(iv) Other relevant information or requirements under acts and executive orders
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Interior published a series of proposed rules relating to migratory bird hunting from April 9, 2013, to August 22, 2013. 78 Fed. Reg. 21,200 (April 9, 2013); 78 Fed. Reg. 35,844 (June 14, 2013); 78 Fed. Reg. 45,376 (July 26, 2013); 78 Fed. Reg. 52,337 (Aug. 22, 2013). Interior received comments on these proposed rules to which they respond in the final rule. Interior found good cause under section 553(d)(3) of title 5, allowing this final rule to take effect immediately upon publication.
Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501-3520
There are no new information collections under this final rule that would require the Office of Management and Budgets (OMB) approval. OMB has approved the existing information collection requirements of the Migratory Bird Surveys and assigned control numbers 1018-0010Mourning Dove Call Count Survey, which expires on April 30, 2015; 1018-0019North American Woodcock Singing Ground Survey; which expires on April 30, 2015; and 1018-0023Migratory Bird Surveys, which expires on April 30, 2014.
Statutory authorization for the rule
Interior promulgated this final rule under authority of the Migratory Bird Treaty Act (July 3, 1918), as amended, 16 U.S.C. §§ 703-711.
Executive Order No. 12,866 (Regulatory Planning and Review)
OMB determined that this rule is a significant regulatory action and, therefore, has reviewed the rule under Executive Order 12,866.
Executive Order No. 13,132 (Federalism)
Interior determined that the regulations that prescribe frameworks from which the states make selections regarding the hunting of migratory birds do not have sufficient federalism implications to warrant the preparation of a federalism assessment.