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GAO-15-145R 1 (2014-10-14)

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G      A              U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-326293


October 14, 2014

The Honorable Barbara Boxer
Chairman
The Honorable David Vitter
Ranking Member
Committee on Environment and Public Works
United States Senate

The Honorable Doc Hastings
Chairman
The Honorable Peter DeFazio
Ranking Member
Committee on Natural Resources
House of Representatives

Subject: Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; Late
        Seasons and Bag and Possession Limits for Certain Migratory Game Birds

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
Migratory Bird Hunting; Late Seasons and Bag and Possession Limits for Certain Migratory
Game Birds (RIN: 1018-AZ80). We received the rule on September 25, 2014. It was published
in the Federal Register as a final rule on September 26, 2014. 79 Fed. Reg. 58,198.

The final rule prescribes final late-season hunting seasons, hours, areas, and daily bag and
possession limits for general waterfowl seasons and those early seasons for which states
previously deferred selection. Taking of migratory birds is prohibited unless specifically
provided for by annual regulations. This rule permits the taking of designated species during
the 2014-15 season.

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 27, 2014.

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. Our review of the procedural steps
taken indicates that FWS complied with the applicable requirements.


GAO-15-145R

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