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 2004-05 Early Season, GAO-04-1082R, September 14, 2004

B-294651

September 14, 2004

The Honorable James M. Inhofe

Chairman

The Honorable James M. Jeffords

Ranking Minority Member

Committee on Environment and Public Works

United States Senate

The Honorable Richard W. Pombo

Chairman

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; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2004-05 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 (Service), entitled "Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2004-05 Early Season" (RIN: 1018-AT53). We received the rule on September 1, 2004. It was published in the Federal Register as a final rule on September 3, 2004. 69 Fed. Reg. 53990.

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.

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.

signed

Kathleen E. Wannisky

Managing Associate General Counsel

Enclosure

cc: Craig Manson

Assistant Secretary for Fish and

Wildlife and Parks

Department of the Interior

ENCLOSURE

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

ENTITLED

"MIGRATORY BIRD HUNTING; MIGRATORY BIRD HUNTING REGULATIONS

ON CERTAIN FEDERAL INDIAN RESERVATIONS AND

CEDED LANDS FOR THE 2004-05 EARLY SEASON"

(RIN: 1018-AT53)

(i) Cost-benefit analysis

The migratory bird hunting regulations (of which this final rule is a part) collectively have an expected welfare benefit of734 million to $1.064 billion with a mid-point estimate of $899 million.

(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 2001 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 between481 million and $1.2 billion at small businesses in 2003.

(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 does not impose either an intergovernmental or private sector mandate, as defined in title II, of more than100 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 published using the notice and comment procedures contained at 5U.S.C. 553. On August 17, 2004, the Service published a Notice of Proposed Rulemaking in the Federal Register. 68 Fed. Reg. 47424. The Service responds to the comments received in the preamble to the final rule.

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.