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B-334065 Mar 04, 2022 1 (2022-03-04)

handle is hein.gao/gaomvt0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-334065 March 4, 2022 The Honorable Thomas R. Carper Chairman The Honorable Shelley Moore Capito Ranking Member Committee on Environment and Public Works United States Senate The Honorable RaGl M. Grijalva Chairman The Honorable Bruce Westerman Ranking Member Committee on Natural Resources House of Representatives Subject: Department of the Interior, Fish and Wildlife Service: Regulations Governing Take of Migratory Birds; Revocation of Provisions 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 (FWS) entitled Regulations Governing Take of Migratory Birds; Revocation of Provisions (RIN: 1018-BD76). We received the rule on February 24, 2022. It was published in the Federal Register as a final rule on October 4, 2021. 86 Fed. Reg. 54642. The effective date is December 3, 2021. According to FWS, the final rule revokes a rule previously issued on January 7, 2021. 86 Fed. Reg. 1134. FWS stated that the immediate effect of this final rule is to return to implementing the Migratory Bird Treaty Act, 16 U.S.C. §§ 703 et seq., as prohibiting incidental take and applying enforcement discretion, consistent with judicial precedent and longstanding FWS practice prior to 2017. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). However, any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity relating to hunting, fishing, or camping is exempt from the 60-day delay requirement. 5 U.S.C. § 808(1). This rule relates to hunting and, according to the Service, is therefore exempt from the 60-day delay requirement. Enclosed is our assessment of FWS's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the

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