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GAO-16-124R 1 (2015-10-13)

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


B-327395


October 13, 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 Rail M. Grijalva
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-BA67). We received the rule on September 25, 2015. It was
published in the Federal Register as a final rule on September 25, 2015. 80 Fed. Reg. 58,166.

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 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 26, 2015.

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-16-124R

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