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GAO-15-836R 1 (2015-09-16)

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


B-327330


September 16, 2015

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

The Honorable Rob Bishop
Chairman
The Honorable RadI M. Grijalva
Ranking Member
Committee on Natural Resources
House of Representatives

Subject: Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; Early
        Seasons and Bag and Possession Limits for Certain Migratory Game Birds in the
        Contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands

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; Early Seasons and Bag and Possession Limits for Certain Migratory
Game Birds in the Contiguous United States, Alaska, Hawaii, Puerto Rico, and the Virgin
Islands (RIN: 1018-BA67). We received the rule on August 31, 2015. It was published in the
Federal Register as a final rule on September 1, 2015. 80 Fed. Reg. 52,645.

The final rule prescribes final early-season hunting seasons, hours, areas, and daily bag and
possession limits of mourning, white-winged, and white-tipped doves; band-tailed pigeons; rails;
moorhens and gallinules; woodcock; common snipe; sandhill cranes; sea ducks; early
(September) waterfowl seasons; migratory game birds in Alaska, Hawaii, Puerto Rico, and the
Virgin Islands; youth waterfowl day; and some extended falconry seasons. Taking of migratory
birds is prohibited unless specifically provided for by annual regulations. This rule permits
taking of designated species during the 2015-16 season.

The Congressional Review Act requires a 60-day delay in 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 commercial, recreational, or subsistence activity related 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, therefore, is exempt from the 60-day delay requirement. This
final rule became effective on September 1, 2015.


GAO-15-836R

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