Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; Final Framework for Early-Season Migratory Bird Hunting Regulations
GAO-02-1065R: Sep 9, 2002
- Full Report:
GAO reviewed the Fish and Wildlife Service new rule on final early-season frameworks for early season bird hunting regulations. GAO found that (1) the rule establishes the early-season frameworks from which states, Puerto Rico, and the Virgin Islands may select dates and other options available to them for the 2002-2003 migratory bird hunting season; and (2) the Service complied with the applicable requirements in promulgating the rule.
Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations, GAO-02-1065R, September 9, 2002
September 9, 2002
The Honorable James M. Jeffords
The Honorable Bob Smith
Ranking Minority Member
Committee on Environment and Public Works
United States Senate
The Honorable James V. Hansen
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; Final Frameworks for Early-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 promulgated by the Department of the Interior, Fish and Wildlife Service (Service), entitled Migratory Bird Hunting; Final Frameworks for Early-Season Migratory Bird Hunting Regulations (RIN: 1018-AI30). We received the rule on August 21, 2002. It was published in the Federal Register as a final rule on August 23, 2002. 67 Fed. Reg. 54702.
The final rule establishes the early-season frameworks from which states, Puerto Rico, and the Virgin Islands may select dates and other options available to them for the 2002-2003 migratory bird hunting 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.
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.
Kathleen E. Wannisky
Managing Associate General Counsel
cc: David P. Smith
Acting Assistant Secretary for
Fish and Wildlife and Parks
Department of the Interior
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
"MIGRATORY BIRD HUNTING; FINAL FRAMEWORKS
FOR EARLY-SEASON MIGRATORY BIRD HUNTING REGULATIONS"
(i) Cost-benefit analysis
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 survey estimated that bird hunters would spend between $429 million and $1.084 billion at small businesses in 1998.
(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 either an intergovernmental or private sector mandate, as defined in title II, of more than $100 million in any one year.
(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 March 19, 2002, through July 17, 2002, 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 discussed in the preamble to the final rule.
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 October 31, 2004. OMB has also approved the Sandhill Crane Harvest Questionnaire, Control No. 1018-0023, with an 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.