B-335615
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 Raúl Grijalva
Ranking Member
Committee on Natural Resources
House of Representatives
Subject: Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting;
2023–2024 Seasons for Certain Migratory Game Birds
Pursuant to part 801(a)(2)(A) of title 5, United States Code, that is our report on a serious rule promulgated by the Department of the Interior, Fish and Wildlife Service (FWS) entitled “Migratory Bird Hunting; 2023–2024 Seasons for Certain Migratory Game Birds” (RIN: 1018-BF64). We obtained the rule on September 26, 2023. It was printed within the Federal Register as a ultimate rule on August 18, 2023. 88 Fed. Reg. 56489. The efficient date is August 18, 2023.
According to FWS, the ultimate rule prescribes the seasons, hours, areas, and each day bag and possession limits for looking migratory birds. FWS acknowledged the taking of migratory birds is prohibited until particularly supplied for by annual rules. FWS moreover acknowledged the ultimate rule permits the taking of designated species in the course of the 2023–2024 season.
The Congressional Review Act (CRA) requires a 60-day delay within the efficient date of a serious rule from the date of publication within 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 efficient date will be waived, nonetheless, for any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a business, leisure, or subsistence exercise associated to looking, fishing, or tenting. 5 U.S.C. § 808(1). Here, FWS acknowledged that this rule establishes rules for looking seasons; thus, FWS didn’t defer the efficient date in accordance with 5 U.S.C. 808(1).
Enclosed is our evaluation of FWS’s compliance with the procedural steps required by part 801(a)(1)(B)(i) via (iv) of title 5 with respect to the rule. If you have got any questions on this report or want to contact GAO officers chargeable for the analysis work regarding the subject material of the rule, please contact Shari Brewster, Assistant General Counsel, at (202) 512-6398.
Shirley A. Jones
Managing Associate General Counsel
Enclosure
cc: Gregory W. Fleming
Wildlife Biologist
Fish and Wildlife Service
ENCLOSURE
REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
DEPARTMENT OF THE INTERIOR,
FISH AND WILDLIFE SERVICE
ENTITLED
“MIGRATORY BIRD HUNTING;
2023–2024 SEASONS FOR CERTAIN MIGRATORY GAME BIRDS”
(RIN: 1018-BF64)
(i) Cost-benefit evaluation
The Department of the Interior, Fish and Wildlife Service (FWS) acknowledged an financial evaluation was ready for the 2023–2024 migratory chicken looking season. FWS acknowledged this evaluation was based mostly on knowledge from the 2011 and 2016 National Survey of Fishing, Hunting, and Wildlife-Associated Recreation, probably the most recent years for which knowledge are available. FWS estimated the ultimate rule would create client surplus throughout all flyways of $356 million.
(ii) Agency actions related to the Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 603–605, 607, and 609
FWS estimated that migratory chicken hunters will spend roughly $2.2 billion at small businesses in 2023.
(iii) Agency actions related to sections 202–205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. §§ 1532–1535
FWS concluded the ultimate rule won’t impose a cost of $100 million or extra in any given yr on native or state authorities or personal entities.
(iv) Agency actions related to the Administrative Pay-As-You-Go-Act of 2023, Pub. L.
No. 118-5, div. B, title III, 137 Stat 31 (June 3, 2023)
Section 270 of the Administrative Pay-As-You-Go-Act of 2023 amended 5 U.S.C. § 801(a)(2)(A) to require GAO to evaluate company compliance with the Act, which establishes necessities for administrative actions that have an effect on direct spending, in GAO’s main rule stories. In steerage to Executive Branch businesses, issued on September 1, 2023, the Office of Management and Budget (OMB) instructed that businesses ought to embody an announcement explaining that both: “the Act does not apply to this rule because it does not increase direct spending; the Act does not apply to this rule because it meets one of the Act’s exemptions (and specifying the relevant exemption); the OMB Director granted a waiver of the Act’s requirements pursuant to section 265(a)(1) or (2) of the Act; or the agency has submitted a notice or written opinion to the OMB Director as required by section 263(a) or (b) of the Act” of their submissions of guidelines to GAO below the Congressional Review Act. OMB, Memorandum for the Heads of Executive Departments and Agencies, Subject: Guidance for Implementation of the Administrative Pay-As-You-Go Act of 2023, M-23-21 (Sept. 1, 2023), at 11–12. OMB additionally states that directives within the memorandum that complement the necessities within the Act don’t apply to proposed guidelines which have already been submitted to the Office of Information and Regulatory Affairs, nonetheless businesses should adjust to any relevant necessities of the Act earlier than finalizing such guidelines.
FWS didn’t talk about the Act within the ultimate rule.
(v) Other related data or necessities below acts and govt orders
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
On January 30, 2023, FWS printed a proposed rule. 88 Fed. Reg. 6054. FWS addressed feedback obtained within the ultimate rule.
Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501–3520
FWS decided the ultimate rule didn’t include any new data assortment necessities topic to the PRA.
Statutory authorization for the rule
FWS promulgated the ultimate rule pursuant to sections 703 et seq. and 742a–j of title 16, United States Code.
Executive Order No. 12866 (Regulatory Planning and Review)
FWS acknowledged the ultimate rule had been reviewed by the OMB, and decided to be vital below the Order, as amended.
Executive Order No. 13132 (Federalism)
FWS concluded the ultimate rule doesn’t have vital federalism results and doesn’t have enough federalism implications to warrant the preparation of a federalism abstract impression assertion.
