Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests; Correction, 41177-41178 [2017-18414]

Download as PDF Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations the Captain of the Port Charleston or a designated representative. (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. (d) Enforcement period. This rule will be enforced from August 4, 2017 through November 30, 2017, during demolition activity. Dated: August 25, 2017. G.G. Stump, Captain, U.S. Coast Guard, Captain of the Port Charleston. [FR Doc. 2017–18432 Filed 8–29–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 13 [Docket No. FWS–R9–MB–2011–0094; FF09M20300–167–FXMB123109EAGLE] RIN 1018–AY30 Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests; Correction AGENCY: Fish and Wildlife Service, Interior. Correcting amendments. ACTION: SUMMARY: We, the U.S. Fish and Wildlife Service, published a final rule to revise our regulations regarding permits that we issue for certain activities involving eagles. In that final rule, we revised the permit application fees for certain eagle permits. These permits are included in a table of permit application fees for numerous Service programs. Because of a formatting error in the rule, the revisions to the fee table were not incorporated into the Code of Federal Regulations (CFR) as intended. With this document, we correct the formatting error to properly reflect current application fees for eagle permits in the CFR and also remove two entries in the fee table pertaining to permits that no longer exist. This rule is purely an administrative action and does not affect the provisions of the original rule in any substantive way. DATES: This correction is effective August 30, 2017. VerDate Sep<11>2014 13:47 Aug 29, 2017 Jkt 241001 FOR FURTHER INFORMATION CONTACT: Susan Wilkinson, Division of Policy, Performance, and Management Programs; 703–358–2506. SUPPLEMENTARY INFORMATION: Background On December 16, 2016, the U.S. Fish and Wildlife Service published a final rule (81 FR 91494) to revise the regulations in title 50 of the Code of Federal Regulations (CFR) authorizing certain activities involving eagles. These regulations are in parts 13 and 22 of title 50. While the majority of the changes in the rule were to the regulations in part 22, we also revised application fees associated with some part 22 eagle permits and the administration fee for eagle permits over 5 years and incorporated those changes into the permit fee table at 50 CFR 13.11(d)(4), which sets forth user fees for permits issued by several Service programs. The amendatory instruction that published in that final rule to revise the table in 50 CFR 13.11(d)(4) would have reduced the number of columns in the table from five to four. Because one column (the ‘‘Administration fee’’ column) had an entry for only one type of permit, we intended to remove that column and insert the information regarding the administration fee for that permit as a footnote to the table. While the Office of the Federal Register (OFR) allowed the final rule to be published with that instruction, upon reviewing the rule for codification into the Code of Federal Regulations, OFR decided that the amendatory instruction removing the Administration fee column was inappropriate. Instead of revising the table as we intended, OFR left the table unchanged and instead included this footnote to the table in 50 CFR 13.11(d)(4): ‘‘Editorial Note: At 81 FR 91549, Dec. 16, 2016, § 13.11 was amended; however, the amendment could not be incorporated due to inaccurate amendatory instruction.’’ This rule corrects the amendatory instruction in the December 16, 2016, final rule (81 FR 91494), so that the CFR properly incorporates all the revisions made by that rule. We are also taking this opportunity to correct two longstanding errors in the table at § 13.11(d)(4). In the section ‘‘Migratory Bird Treaty Act’’ is an entry for ‘‘Falconry,’’ and in the section ‘‘Bald PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 41177 and Golden Eagle Protection Act’’ is an entry for ‘‘Eagle falconry.’’ We are removing both of these entries from the table as they remain there in error: They should have been removed via a former rulemaking action. On October 8, 2008, we published a final rule (73 FR 59448) that revised the regulations pertaining to falconry. In that rule, we stated that Federal permitting for falconry would cease as of January 1, 2014, and, as of that date, States, territories, and Tribes would be responsible for issuing falconry permits. The rule revised pertinent sections of 50 CFR parts 21 and 22 but failed to make the necessary corresponding changes to the fee table in part 13. Accordingly, since we no longer issue Federal permits for falconry, we hereby remove two entries regarding application fees for falconry permits from the table in § 13.11(d)(4). Authority: We issue this final rule under the authority of the Bald and Golden Eagle Protection Act (16 U.S.C. 668–668d). List of Subjects in 50 CFR Part 13 Administrative practice and procedure, Exports, Fish, Imports, Plants, Reporting and recordkeeping requirements, Transportation, Wildlife. Regulation Promulgation For the reasons described in the preamble, we hereby amend subchapter B of chapter I, title 50 of the Code of Federal Regulations, as set forth below: PART 13—GENERAL PERMIT PROCEDURES 1. The authority citation for part 13 continues to read as follows: ■ Authority: 16 U.S.C. 668a, 704, 712, 742j– l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 U.S.C. 9701. 2. Amend the table in § 13.11(d)(4) by: a. Removing the entry ‘‘Falconry’’ under the section ‘‘Migratory Bird Treaty Act’’; and ■ b. Revising the section ‘‘Bald and Golden Eagle Protection Act’’ and footnote 1 to read as follows: ■ ■ § 13.11 * Application procedures. * * (d) * * * (4) * * * E:\FR\FM\30AUR1.SGM 30AUR1 * * 41178 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations * Permit application fee CFR citation Type of permit * * * * Administration fee 1 Amendment fee * * Bald and Golden Eagle Protection Act Eagle Scientific Collecting ....................................................................... Eagle Exhibition ....................................................................................... Eagle—Native American Religion ........................................................... Eagle Take permits—Depredation and Protection of Health and Safety Golden Eagle Nest Take ......................................................................... Eagle Transport—Scientific or Exhibition ................................................ Eagle Transport—Native American Religious Purposes ......................... Eagle Incidental Take—Up to 5 years, Commercial ............................... Eagle Incidental Take—Non-commercial ................................................ Eagle Incidental Take—5–30 years ........................................................ Eagle Incidental Take—Transfer of a permit .......................................... Eagle Nest Take—Single nest, Commercial ........................................... Eagle Nest Take—Single nest, Non-commercial .................................... Eagle Nest Take—Multiple nests ............................................................ Eagle Take—Exempted under ESA ........................................................ * 1 An * * * 50 50 50 50 50 50 50 50 50 50 50 50 50 50 50 CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR CFR part part part part part part part part part part part part part part part 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. * 100 ..................... 75 ....................... No fee ................ 100 ..................... 100 ..................... 75 ....................... No fee ................ 2,500 .................. 500 ..................... 36,000 ................ 1,000 .................. 2,500 .................. 500 ..................... 5,000 .................. No fee ................ * ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ 1 8,000 ........................ ........................ ........................ ........................ ........................ 50 ........................ ........................ ........................ 50 ........................ ........................ 500 150 ........................ ........................ 500 150 500 ........................ * * additional Administration Fee of $8,000 will be assessed every 5 years for permits with durations longer than 5 years for permit review. * * * * Effective 1200 hrs, Alaska local time (A.l.t.), August 25, 2017, through 2400 hrs, A.l.t., December 31, 2017. DATES: Dated: August 25, 2017. Tina A. Campbell, Chief, Division of Policy, Performance, and Management Programs, U.S. Fish and Wildlife Service. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2017–18414 Filed 8–29–17; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985–7181–02] RIN 0648–XF646 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Aleutian district (WAI) of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2017 total allowable catch (TAC) of Pacific ocean perch in this area allocated to vessels participating in the BSAI trawl limited access fishery. VerDate Sep<11>2014 18:03 Aug 29, 2017 Jkt 241001 Steve Whitney, 907–586–7228. NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2017 TAC of Pacific ocean perch, in the WAI, allocated to vessels participating in the BSAI trawl limited access fishery was established as a directed fishing allowance of 161 metric tons by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826; February 27, 2017). In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch in the WAI by vessels participating in the BSAI trawl limited access fishery. After the effective dates of this closure, the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. PO 00000 Frm 00022 Fmt 4700 Sfmt 9990 Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA) finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such a requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of the Pacific ocean perch directed fishery in the WAI for vessels participating in the BSAI trawl limited access fishery. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of August 22, 2017. The Acting AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 25, 2017. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–18442 Filed 8–25–17; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Rules and Regulations]
[Pages 41177-41178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18414]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 13

[Docket No. FWS-R9-MB-2011-0094; FF09M20300-167-FXMB123109EAGLE]
RIN 1018-AY30


Eagle Permits; Revisions to Regulations for Eagle Incidental Take 
and Take of Eagle Nests; Correction

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, published a final rule 
to revise our regulations regarding permits that we issue for certain 
activities involving eagles. In that final rule, we revised the permit 
application fees for certain eagle permits. These permits are included 
in a table of permit application fees for numerous Service programs. 
Because of a formatting error in the rule, the revisions to the fee 
table were not incorporated into the Code of Federal Regulations (CFR) 
as intended. With this document, we correct the formatting error to 
properly reflect current application fees for eagle permits in the CFR 
and also remove two entries in the fee table pertaining to permits that 
no longer exist. This rule is purely an administrative action and does 
not affect the provisions of the original rule in any substantive way.

DATES: This correction is effective August 30, 2017.

FOR FURTHER INFORMATION CONTACT: Susan Wilkinson, Division of Policy, 
Performance, and Management Programs; 703-358-2506.

SUPPLEMENTARY INFORMATION:

Background

    On December 16, 2016, the U.S. Fish and Wildlife Service published 
a final rule (81 FR 91494) to revise the regulations in title 50 of the 
Code of Federal Regulations (CFR) authorizing certain activities 
involving eagles. These regulations are in parts 13 and 22 of title 50. 
While the majority of the changes in the rule were to the regulations 
in part 22, we also revised application fees associated with some part 
22 eagle permits and the administration fee for eagle permits over 5 
years and incorporated those changes into the permit fee table at 50 
CFR 13.11(d)(4), which sets forth user fees for permits issued by 
several Service programs.
    The amendatory instruction that published in that final rule to 
revise the table in 50 CFR 13.11(d)(4) would have reduced the number of 
columns in the table from five to four. Because one column (the 
``Administration fee'' column) had an entry for only one type of 
permit, we intended to remove that column and insert the information 
regarding the administration fee for that permit as a footnote to the 
table. While the Office of the Federal Register (OFR) allowed the final 
rule to be published with that instruction, upon reviewing the rule for 
codification into the Code of Federal Regulations, OFR decided that the 
amendatory instruction removing the Administration fee column was 
inappropriate. Instead of revising the table as we intended, OFR left 
the table unchanged and instead included this footnote to the table in 
50 CFR 13.11(d)(4): ``Editorial Note: At 81 FR 91549, Dec. 16, 2016, 
Sec.  13.11 was amended; however, the amendment could not be 
incorporated due to inaccurate amendatory instruction.''
    This rule corrects the amendatory instruction in the December 16, 
2016, final rule (81 FR 91494), so that the CFR properly incorporates 
all the revisions made by that rule.
    We are also taking this opportunity to correct two longstanding 
errors in the table at Sec.  13.11(d)(4). In the section ``Migratory 
Bird Treaty Act'' is an entry for ``Falconry,'' and in the section 
``Bald and Golden Eagle Protection Act'' is an entry for ``Eagle 
falconry.'' We are removing both of these entries from the table as 
they remain there in error: They should have been removed via a former 
rulemaking action. On October 8, 2008, we published a final rule (73 FR 
59448) that revised the regulations pertaining to falconry. In that 
rule, we stated that Federal permitting for falconry would cease as of 
January 1, 2014, and, as of that date, States, territories, and Tribes 
would be responsible for issuing falconry permits. The rule revised 
pertinent sections of 50 CFR parts 21 and 22 but failed to make the 
necessary corresponding changes to the fee table in part 13. 
Accordingly, since we no longer issue Federal permits for falconry, we 
hereby remove two entries regarding application fees for falconry 
permits from the table in Sec.  13.11(d)(4).

    Authority: We issue this final rule under the authority of the 
Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d).

List of Subjects in 50 CFR Part 13

    Administrative practice and procedure, Exports, Fish, Imports, 
Plants, Reporting and recordkeeping requirements, Transportation, 
Wildlife.

Regulation Promulgation

    For the reasons described in the preamble, we hereby amend 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
as set forth below:

PART 13--GENERAL PERMIT PROCEDURES

0
1. The authority citation for part 13 continues to read as follows:

    Authority: 16 U.S.C. 668a, 704, 712, 742j-l, 1374(g), 1382, 
1538(d), 1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C. 
1202; 31 U.S.C. 9701.

0
2. Amend the table in Sec.  13.11(d)(4) by:
0
a. Removing the entry ``Falconry'' under the section ``Migratory Bird 
Treaty Act''; and
0
b. Revising the section ``Bald and Golden Eagle Protection Act'' and 
footnote 1 to read as follows:


Sec.  13.11  Application procedures.

* * * * *
    (d) * * *
    (4) * * *

[[Page 41178]]



----------------------------------------------------------------------------------------------------------------
                                                             Permit application   Administration
          Type of permit                 CFR citation               fee               fee \1\      Amendment fee
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Bald and Golden Eagle Protection Act
----------------------------------------------------------------------------------------------------------------
Eagle Scientific Collecting.......  50 CFR part 22.......  100..................  ..............              50
Eagle Exhibition..................  50 CFR part 22.......  75...................  ..............  ..............
Eagle--Native American Religion...  50 CFR part 22.......  No fee...............  ..............  ..............
Eagle Take permits--Depredation     50 CFR part 22.......  100..................  ..............  ..............
 and Protection of Health and
 Safety.
Golden Eagle Nest Take............  50 CFR part 22.......  100..................  ..............              50
Eagle Transport--Scientific or      50 CFR part 22.......  75...................  ..............  ..............
 Exhibition.
Eagle Transport--Native American    50 CFR part 22.......  No fee...............  ..............  ..............
 Religious Purposes.
Eagle Incidental Take--Up to 5      50 CFR part 22.......  2,500................  ..............             500
 years, Commercial.
Eagle Incidental Take--Non-         50 CFR part 22.......  500..................  ..............             150
 commercial.
Eagle Incidental Take--5-30 years.  50 CFR part 22.......  36,000...............       \1\ 8,000  ..............
Eagle Incidental Take--Transfer of  50 CFR part 22.......  1,000................  ..............  ..............
 a permit.
Eagle Nest Take--Single nest,       50 CFR part 22.......  2,500................  ..............             500
 Commercial.
Eagle Nest Take--Single nest, Non-  50 CFR part 22.......  500..................  ..............             150
 commercial.
Eagle Nest Take--Multiple nests...  50 CFR part 22.......  5,000................  ..............             500
Eagle Take--Exempted under ESA....  50 CFR part 22.......  No fee...............  ..............  ..............
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ An additional Administration Fee of $8,000 will be assessed every 5 years for permits with durations longer
  than 5 years for permit review.

* * * * *

    Dated: August 25, 2017.
Tina A. Campbell,
Chief, Division of Policy, Performance, and Management Programs, U.S. 
Fish and Wildlife Service.
[FR Doc. 2017-18414 Filed 8-29-17; 8:45 am]
BILLING CODE 4333-15-P
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