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B-335614 Oct 11, 2023 1 (2023-10-11)

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


B-335614


October 11, 2023

The Honorable Thomas   R. Carper
Chairman
The Honorable  Shelley Moore Capito
Ranking Member
Committee  on Environment and Public Works
United States Senate

The Honorable  Bruce Westerman
Chairman
The Honorable  RaGl Grijalva
Ranking Member
Committee  on Natural Resources
House  of Representatives

Subject: Department  of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; Migratory
         Game  Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded
         Lands

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; Migratory Game Bird Hunting Regulations on Certain Federal Indian
Reservations and Ceded  Lands (RIN: 1018-BF64).  We  received the rule on September 26,
2023.  It was published in the Federal Register as a final rule on September 1, 2023. 88 Fed.
Reg. 60375.  The effective date is September 1, 2023.

According to FWS, as part of the rulemaking process for the 2023-2024 season for migratory
game  bird hunting, it has revised the process for establishing regulations for certain tribes on
federal Indian reservations, off-reservation trust lands, and ceded lands. FWS stated that it
recognizes Tribal treaty rights and the reserved hunting rights and management authority of
Indian tribes and seeks to strengthen Tribal sovereignty. FWS also stated that it will no longer
require that tribes annually submit a proposal to FWS for its review and approval and no longer
publish in the Federal Register the annual Tribal migratory bird hunting regulations. Instead,
FWS  stated, its regulations will include elements of its current guidelines for establishing
migratory game bird hunting regulations on federal Indian reservations (including off-reservation
trust lands) and ceded lands. FWS explained that, since 1985, Tribal migratory bird harvest has
been small with negligible impact to bird population status, and that it anticipates that Tribal
hunting of migratory birds will continue to have similar negligible impacts to bird populations in
the future. Lastly, FWS noted that this final rule will reduce administrative burdens on both the
tribes and FWS while continuing to sustain healthy migratory game bird populations for future
generations.

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