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B-332539 1 (2020-09-23)

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


B-332539



September 23, 2020

The Honorable John Barrasso
Chairman
The Honorable Thomas R. Carper
Ranking Member
Committee on Environment and Public Works
United States Senate

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

Subject: Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; 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 (Service) entitled
Migratory Bird Hunting; Seasons and Bag and Possession Limits for Certain Migratory Game
Birds (RIN: 1018-BD89). We received the rule on September 10, 2020. It was published in the
Federal Register as a final rule on August 28, 2020. 85 Fed. Reg. 53260. The effective date of
the final rule is August 28, 2020.

The final rule, according to the Service, prescribes the seasons, hours, areas, and daily bag and
possession limits for hunting migratory birds. The Service stated that this rule prohibits the
taking of migratory birds unless specifically provided for by annual regulations. The Service
stated further that this rule permits the taking of designated species during the 2020-2021
season.

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). The 60-day delay in effective date can be waived,
however, for any rule that establishes, modifies, opens, closes, or conducts a regulatory
program for a commercial, recreational, or subsistence activity related to hunting, fishing, or
camping. 5 U.S.C. § 808(1). According to the Service, this final rule establishes regulations for
hunting seasons. Thus, The Service stated it did not defer the effective date pursuant to the
exemption in 5 U.S.C. § 808(1).

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