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GAO-09-76R 1 (2008-10-08)

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T I   IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-317199


          October 8, 2008

          The Honorable Barbara Boxer
          Chairman
          The Honorable James M. Inhofe
          Ranking Minority Member
          Committee on Environment and Public Works
          United States Senate

          The Honorable Nick J. Rahall II
          Chairman
          The Honorable Don Young
          Ranking Minority 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 Migratoiy
                  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
          (Service), entitled Migratory Bird Hunting; Late Seasons and Bag and Possession
          Limits for Certain Migratory Game Birds (RIN: 1018-AV62). We received the rule on
          September 23, 2008. It was published in the Federal Register as a final rule on
          September 25, 2008. 73 Fed. Reg. 55,630.

          The final rule prescribes 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 2008-09 season.

          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.

          Section 808(1) of title 5, United State Code, exempts any rule that establishes,
          modifies, opens, closes, or conducts a regulatory program for a commercial,


GAO-09-76R

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