Effectuating Congressional Nullification of the Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska Under the Congressional Review Act, 52009-52011 [2017-24324]
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Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit entry within 100
yards of vessels and associated
machinery being used by personnel to
remove an obstruction in the Port of
Ponce. It is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
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13:39 Nov 08, 2017
Jkt 244001
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T07–1034 to read as
follows:
■
§ 165.T07–1034 Safety Zone; Port of Ponce
´
Turning Basin, Bahıa de Ponce, Ponce, PR.
(a) Location. The following area is a
safety zone: All navigable waters within
100 yards of the salvage vessel and
associated machinery operating in Port
of Ponce Turning Basin, Ponce, PR in
approximate position 17°58′13.50″ N.
066°37′10.92″ W.
(b) Definition. As used in this section,
the term ‘‘designated representative’’
includes Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels, and Federal, state,
and local officers designated by or
assisting the COTP San Juan in the
enforcement of the safety zone.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the safety zone unless
authorized by the COTP San Juan or a
designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the safety zone may
contact the COTP San Juan by telephone
at (787) 729–6800, option #4, or the
Resident Inspection Office (RIO) Ponce
at (787) 284–8423, or a designated
representative via VHF–FM radio on
channel 16 to request authorization. If
authorization is granted, all persons and
vessels receiving such authorization
must comply with the instructions of
the COTP San Juan or a designated
representative.
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52009
(d) Enforcement period. This rule will
be enforced from 7 a.m. on November 5,
2017 through 7 a.m. on November 12,
2017, unless sooner terminated by the
COTP San Juan.
Dated: November 3, 2017.
Francisco S. Rego,
Captain, U.S. Coast Guard, Acting Captain
of the Port San Juan.
[FR Doc. 2017–24375 Filed 11–8–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 32 and 36
[Docket No. FWS–R7–NWRS–2014–0005;
FF07R00000 FXRS12610700000 178
Obligation # 4500093321]
RIN 1018–BA31
Effectuating Congressional
Nullification of the Non-Subsistence
Take of Wildlife, and Public
Participation and Closure Procedures,
on National Wildlife Refuges in Alaska
Under the Congressional Review Act
Fish and Wildlife Service,
Interior.
ACTION: Final rule; CRA revocation.
AGENCY:
By operation of the
Congressional Review Act (CRA), the
‘‘Non-subsistence Take of Wildlife, and
Public Participation and Closure
Procedures, on National Wildlife
Refuges in Alaska’’ (non-subsistence
take of wildlife rule) shall be treated as
if it had never taken effect. The U.S.
Fish and Wildlife Service issues this
document to effect the removal of any
amendments, deletions, or other
modifications made by the nullified rule
and the reversion to the text of the
regulations in effect immediately prior
to the effective date of the nonsubsistence take of wildlife rule.
DATES: This rule is effective November
9, 2017.
ADDRESSES: Previous documents related
to the Non-subsistence Take of Wildlife,
and Public Participation and Closure
Procedures, on National Wildlife
Refuges in Alaska rule (non-subsistence
take of wildlife rule) of August 5, 2016
(81 FR 52248), may be found on the
internet at www.regulations.gov in
Docket No. FWS–R7–NWRS–2014–
0005.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Stephanie Brady, Chief of Conservation
Planning and Policy, National Wildlife
Refuge System, Alaska Regional Office,
1011 E. Tudor Rd., Mail Stop 211,
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09NOR1
52010
Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations
Anchorage, AK 99503; telephone (907)
306–7448. If you use a
telecommunications device for the deaf
(TDD), call the Federal Relay Service at
800–877–8339.
SUPPLEMENTARY INFORMATION:
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Background
The U.S. Fish and Wildlife Service
published the Non-subsistence Take of
Wildlife, and Public Participation and
Closure Procedures, on National
Wildlife Refuges in Alaska (nonsubsistence take of wildlife rule) on
August 5, 2016 (81 FR 52248). The rule
became effective on September 6, 2016.
On February 16, 2017, the United States
House of Representatives passed a
resolution of disapproval [H.J. Res. 69]
of the non-subsistence take of wildlife
rule under the Congressional Review
Act (CRA), 5 U.S.C. 801 et seq. The
Senate then passed a resolution of
disapproval [S.J. Res. 18] on March 21,
2017 (Cong. Rec. p. S1884). President
Trump then signed the resolution into
law as Public Law 115–20 on April 3,
2017. Therefore, under the terms of the
CRA, the U.S. Fish and Wildlife Service
non-subsistence take of wildlife rule
shall be ‘‘treated as though such rule
had never taken effect.’’ 5 U.S.C. 801(f).
However, because the CRA does not
include direction regarding the removal,
by the Office of the Federal Register or
otherwise, of the voided language from
the Code of Federal Regulations (CFR),
the U.S. Fish and Wildlife Service must
publish this document to effect the
removal of the voided text. This
document will enable the Office of the
Federal Register to effectuate
congressional intent to remove the
voided text of the non-subsistence take
of wildlife rule as if it had never taken
effect, and restore the previous language
and prior state of the CFR.
This action is not an exercise of the
Department’s rulemaking authority
under the Administrative Procedure
Act, because the Department is not
‘‘formulating, amending, or repealing a
rule’’ under 5 U.S.C. 551(5). Rather, the
Department is effectuating changes to
the CFR to reflect what congressional
action has already accomplished—
namely, the nullification of any changes
purported to have been made to the CFR
by the non-subsistence take of wildlife
rule and the reversion to the regulatory
text in effect immediately prior to
September 6, 2016, the effective date of
the non-subsistence take of wildlife
rule. Accordingly, the Department is not
soliciting comments on this action.
Moreover, this action is not a final
agency action subject to judicial review.
VerDate Sep<11>2014
13:39 Nov 08, 2017
Jkt 244001
Executive Order 13771
§ 36.1
This final rule is considered an E.O.
13771 deregulatory action. We estimate
the cost savings of this rule to be
negligible. The average trip-related
expenditures for big game hunting ($139
per day) yields approximately $5.9
million annually in big game huntingrelated expenditures on national
wildlife refuges (NWRs) in Alaska.
Since only a small fraction of big game
hunters would likely have chosen to not
hunt on NWRs because of the original
rule, the impact is minimal. The effect
to the local communities is far less than
$5.9 million annually because few
hunters use the prohibited methods and
those hunters that do would have likely
chosen a substitute site.
■
■
■
List of Subjects
50 CFR Part 32
Fishing, Hunting, Reporting and
recordkeeping requirements, Wildlife,
Wildlife refuges.
50 CFR Part 36
Alaska, Recreation and recreation
areas, Reporting and recordkeeping
requirements, Wildlife refuges.
Regulation Promulgation
For the reasons set forth in the
preamble, and under the authority of the
Congressional Review Act (5 U.S.C. 801
et seq.) and Public Law 115–20 (April 3,
2017), the Service amends title 50,
chapter I, subchapter C, of the Code of
Federal Regulations as follows:
PART 32—HUNTING AND FISHING
1. The authority citation for part 32 is
revised to read as follows:
■
Authority: 5 U.S.C. 301; 16 U.S.C. 460k,
664, 668dd–668ee, and 715i; Pub. L. 115–20,
131 Stat. 86.
2. Amend § 32.2 by revising the last
sentence of paragraph (h) to read as
follows:
■
§ 32.2 What are the requirements for
hunting on areas of the National Wildlife
Refuge System?
*
*
*
*
*
(h) * * * (Baiting is authorized in
accordance with State regulations on
national wildlife refuges in Alaska).
*
*
*
*
*
§ 36.2
3. The authority citation for part 36 is
revised to read as follows:
■
Authority: 16 U.S.C. 460(k) et seq., 668dd–
668ee, 3101 et seq., Pub. L. 115–20, 131 Stat.
86.
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Fmt 4700
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[Amended]
5. Amend § 36.2 by removing the
definitions for ‘‘Bait’’, ‘‘Big game’’, ‘‘Cub
bear’’, ‘‘Furbearer’’, ‘‘Natural diversity’’,
‘‘Predator control’’, ‘‘Sport hunting’’,
and ‘‘Trapping’’.
■ 6. Amend § 36.11 by redesignating
paragraph (d) as paragraph (e) and
adding a new paragraph (d) to read as
follows:
■
§ 36.11
Purpose and policy.
*
*
*
*
*
(d) The State of Alaska is authorized
to regulate the taking of fish and
wildlife for subsistence uses within
Alaska National Wildlife Refuges to the
extent such regulation is consistent with
applicable Federal law, including but
not limited to ANILCA.
*
*
*
*
*
■ 7. Revise § 36.13 to read as follows:
§ 36.13
Subsistence fishing.
Fish may be taken by local rural
residents for subsistence uses in
compliance with applicable State and
Federal law. To the extent consistent
with the provisions of this part and
other Federal law, applicable State laws
and regulations governing the taking of
fish which are now or will hereafter be
in effect are hereby incorporated by
reference as a part of these regulations.
■ 8. Revise § 36.14 to read as follows:
§ 36.14
Subsistence hunting and trapping.
Local rural residents may hunt and
trap wildlife for subsistence uses in
Alaska National Wildlife Refuges in
compliance with applicable State and
Federal laws. To the extent consistent
with the provisions of this part and
other Federal law, applicable State laws
and regulations governing the taking of
wildlife which are now or will hereafter
be in effect are hereby incorporated by
reference as a part of these regulations.
■ 9. Revise the heading of subpart D to
read as follows:
Subpart D—Other Refuge Uses
■
PART 36—ALASKA NATIONAL
WILDLIFE REFUGES
[Amended]
4. Amend § 36.1 by:
a. Removing paragraph (a); and
b. Redesignating paragraphs (b), (c),
and (d) as paragraphs (a), (b), and (c),
respectively.
10. Revise § 36.32 to read as follows:
§ 36.32
Taking of fish and wildlife.
(a) The taking of fish and wildlife for
sport hunting, trapping, and sport
fishing is authorized in accordance with
applicable State and Federal law and
such laws are hereby adopted and made
a part of these regulations; Provided
E:\FR\FM\09NOR1.SGM
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Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations
however, That the Refuge Manager,
pursuant to § 36.42, may designate areas
where, and establish periods when, no
taking of a particular population of fish
or wildlife shall be permitted.
(b) The exercise of valid commercial
fishing rights or privileges obtained
pursuant to existing law, including any
use of refuge areas for campsites, cabins,
motorized vehicles, and aircraft landing
directly incident to the exercise of such
rights or privileges, is authorized;
Provided, however, That the Refuge
Manager may restrict or prohibit the
exercise of these rights or privileges or
uses of federally owned lands directly
incident to such exercise if he
determines, after conducting a public
hearing in the affected locality, that they
are inconsistent with the purposes of
the refuge and that they constitute a
significant expansion of commercial
fishing activities within such refuge
beyond the level of such activities in
1979.
(c) The following provisions shall
apply to any person while engaged in
the taking of fish and wildlife within an
Alaska National Wildlife Refuge:
(1) Trapping and sport hunting. (i)
Each person shall secure and possess all
required State licenses and shall comply
with the applicable provisions of State
law unless further restricted by Federal
law;
(ii) Each person shall comply with the
applicable provisions of Federal law;
and
(iii) In addition to the requirements of
paragraphs (a) and (b) of this section,
each person shall continue to secure a
trapping permit from the appropriate
Refuge Manager prior to trapping on the
Kenai, Izembek and Kodiak Refuges and
the Aleutian Islands Unit of the Alaska
Maritime Refuge.
(iv) It shall be unlawful for a person
having been airborne to use a firearm or
any other weapon to take or assist in
taking a wolf or wolverine until after
3:00 a.m. on the day following the day
in which the flying occurred, except
that a trapper may use a firearm or any
other weapon to dispatch a legally
caught wolf or wolverine in a trap or
snare on the same day in which the
flying occurred. This prohibition does
not apply to flights on regularly
scheduled commercial airlines between
regularly maintained public airports.
(2) Sport and commercial fishing. (i)
Each person shall secure and possess all
required State licenses and shall comply
with the applicable provisions of State
law unless further restricted by Federal
law; and
(ii) Each person shall comply with the
applicable provisions of Federal law.
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16:30 Nov 08, 2017
Jkt 244001
(d) Nothing in this section shall apply
to the taking of fish and wildlife for
subsistence uses.
(e) Nothing in these rules shall be
interpreted as waiving the requirements
of other fish and wildlife conservation
statutes such as the Airborne Hunting
Act or those provisions of subchapter C
of title 50 CFR regarding the taking of
depredating wildlife. Animal control
programs shall only be conducted in
accordance with a special use permit
issued by the Refuge Manager.
■ 11. Amend § 36.42 by revising
paragraphs (a), (c), (d), (e), (f), (g), and
(h) to read as follows:
§ 36.42 Public participation and closure
procedures.
(a) Authority. The Refuge Manager
may close an area or restrict an activity
on an emergency, temporary, or
permanent basis.
*
*
*
*
*
(c) Emergency closures or restrictions.
(1) Emergency closures or restrictions
relating to the use of aircraft,
snowmachines, motorboats, or nonmotorized surface transportation shall
be made after notice and hearing;
(2) Emergency closures or restrictions
relating to the taking of fish and wildlife
shall be accompanied by notice with a
subsequent hearing;
(3) Other emergency closures or
restrictions shall become effective upon
notice as prescribed in paragraph (f) of
this section; and
(4) No emergency closure or
restriction shall be for a period
exceeding 30 days.
(d) Temporary closures or restrictions.
(1) Temporary closures or restrictions
relating to the use of aircraft,
snowmachines, motorboats or nonmotorized surface transportation, or to
the taking of fish and wildlife, shall not
be effective prior to notice and hearing
in the vicinity of the area(s) affected by
such closures or restriction, and other
locations as appropriate;
(2) Other temporary closures shall be
effective upon notice as prescribed in
paragraph (f) of this section; and
(3) Temporary closures or restrictions
shall extend only for so long as
necessary to achieve their purposes, and
in no case may exceed 12 months or be
extended beyond that time.
(e) Permanent closures or restrictions.
Permanent closures or restrictions shall
be made only after notice and public
hearings in the affected vicinity and
other locations as appropriate, and after
publication in the Federal Register.
(f) Notice. Emergency, temporary, or
permanent closures or restrictions shall
be:
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Fmt 4700
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52011
(1) Published in at least one
newspaper of general circulation in the
State and in at least one local
newspaper if available, posted at
community post offices within the
vicinity affected, made available for
broadcast on local radio stations in a
manner reasonably calculated to inform
residents in the affected vicinity, and
designated on a map which shall be
available for public inspection at the
office of the Refuge Manager and other
places convenient to the public; or
(2) Designated by the posting of
appropriate signs; or
(3) Both.
(g) Openings. In determining whether
to open an area to public use or activity
otherwise prohibited, the Refuge
Manager shall provide notice in the
Federal Register and shall, upon
request, hold a hearing in the affected
vicinity and other location, as
appropriate, prior to making a final
determination.
(h) Prohibitions. Except as otherwise
specifically permitted under the
provisions of this part, entry into closed
areas or failure to abide by restrictions
established under this section is
prohibited.
Dated: August 30, 2017.
Todd Willens,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2017–24324 Filed 11–8–17; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 679 and 680
[Docket No. 170412391–7999–02]
RIN 0648–BG84
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands Management Area;
American Fisheries Act; Bering Sea
and Aleutian Islands Crab
Rationalization Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement Amendment 48 to the
Fishery Management Plan for Bering
Sea/Aleutian Islands King and Tanner
Crabs (Crab FMP) and to revise
regulations implementing the American
Fisheries Act (AFA) Program and the
SUMMARY:
E:\FR\FM\09NOR1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Rules and Regulations]
[Pages 52009-52011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24324]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Parts 32 and 36
[Docket No. FWS-R7-NWRS-2014-0005; FF07R00000 FXRS12610700000 178
Obligation # 4500093321]
RIN 1018-BA31
Effectuating Congressional Nullification of the Non-Subsistence
Take of Wildlife, and Public Participation and Closure Procedures, on
National Wildlife Refuges in Alaska Under the Congressional Review Act
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule; CRA revocation.
-----------------------------------------------------------------------
SUMMARY: By operation of the Congressional Review Act (CRA), the ``Non-
subsistence Take of Wildlife, and Public Participation and Closure
Procedures, on National Wildlife Refuges in Alaska'' (non-subsistence
take of wildlife rule) shall be treated as if it had never taken
effect. The U.S. Fish and Wildlife Service issues this document to
effect the removal of any amendments, deletions, or other modifications
made by the nullified rule and the reversion to the text of the
regulations in effect immediately prior to the effective date of the
non-subsistence take of wildlife rule.
DATES: This rule is effective November 9, 2017.
ADDRESSES: Previous documents related to the Non-subsistence Take of
Wildlife, and Public Participation and Closure Procedures, on National
Wildlife Refuges in Alaska rule (non-subsistence take of wildlife rule)
of August 5, 2016 (81 FR 52248), may be found on the internet at
www.regulations.gov in Docket No. FWS-R7-NWRS-2014-0005.
FOR FURTHER INFORMATION CONTACT: Stephanie Brady, Chief of Conservation
Planning and Policy, National Wildlife Refuge System, Alaska Regional
Office, 1011 E. Tudor Rd., Mail Stop 211,
[[Page 52010]]
Anchorage, AK 99503; telephone (907) 306-7448. If you use a
telecommunications device for the deaf (TDD), call the Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Fish and Wildlife Service published the Non-subsistence
Take of Wildlife, and Public Participation and Closure Procedures, on
National Wildlife Refuges in Alaska (non-subsistence take of wildlife
rule) on August 5, 2016 (81 FR 52248). The rule became effective on
September 6, 2016. On February 16, 2017, the United States House of
Representatives passed a resolution of disapproval [H.J. Res. 69] of
the non-subsistence take of wildlife rule under the Congressional
Review Act (CRA), 5 U.S.C. 801 et seq. The Senate then passed a
resolution of disapproval [S.J. Res. 18] on March 21, 2017 (Cong. Rec.
p. S1884). President Trump then signed the resolution into law as
Public Law 115-20 on April 3, 2017. Therefore, under the terms of the
CRA, the U.S. Fish and Wildlife Service non-subsistence take of
wildlife rule shall be ``treated as though such rule had never taken
effect.'' 5 U.S.C. 801(f).
However, because the CRA does not include direction regarding the
removal, by the Office of the Federal Register or otherwise, of the
voided language from the Code of Federal Regulations (CFR), the U.S.
Fish and Wildlife Service must publish this document to effect the
removal of the voided text. This document will enable the Office of the
Federal Register to effectuate congressional intent to remove the
voided text of the non-subsistence take of wildlife rule as if it had
never taken effect, and restore the previous language and prior state
of the CFR.
This action is not an exercise of the Department's rulemaking
authority under the Administrative Procedure Act, because the
Department is not ``formulating, amending, or repealing a rule'' under
5 U.S.C. 551(5). Rather, the Department is effectuating changes to the
CFR to reflect what congressional action has already accomplished--
namely, the nullification of any changes purported to have been made to
the CFR by the non-subsistence take of wildlife rule and the reversion
to the regulatory text in effect immediately prior to September 6,
2016, the effective date of the non-subsistence take of wildlife rule.
Accordingly, the Department is not soliciting comments on this action.
Moreover, this action is not a final agency action subject to judicial
review.
Executive Order 13771
This final rule is considered an E.O. 13771 deregulatory action. We
estimate the cost savings of this rule to be negligible. The average
trip-related expenditures for big game hunting ($139 per day) yields
approximately $5.9 million annually in big game hunting-related
expenditures on national wildlife refuges (NWRs) in Alaska. Since only
a small fraction of big game hunters would likely have chosen to not
hunt on NWRs because of the original rule, the impact is minimal. The
effect to the local communities is far less than $5.9 million annually
because few hunters use the prohibited methods and those hunters that
do would have likely chosen a substitute site.
List of Subjects
50 CFR Part 32
Fishing, Hunting, Reporting and recordkeeping requirements,
Wildlife, Wildlife refuges.
50 CFR Part 36
Alaska, Recreation and recreation areas, Reporting and
recordkeeping requirements, Wildlife refuges.
Regulation Promulgation
For the reasons set forth in the preamble, and under the authority
of the Congressional Review Act (5 U.S.C. 801 et seq.) and Public Law
115-20 (April 3, 2017), the Service amends title 50, chapter I,
subchapter C, of the Code of Federal Regulations as follows:
PART 32--HUNTING AND FISHING
0
1. The authority citation for part 32 is revised to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and
715i; Pub. L. 115-20, 131 Stat. 86.
0
2. Amend Sec. 32.2 by revising the last sentence of paragraph (h) to
read as follows:
Sec. 32.2 What are the requirements for hunting on areas of the
National Wildlife Refuge System?
* * * * *
(h) * * * (Baiting is authorized in accordance with State
regulations on national wildlife refuges in Alaska).
* * * * *
PART 36--ALASKA NATIONAL WILDLIFE REFUGES
0
3. The authority citation for part 36 is revised to read as follows:
Authority: 16 U.S.C. 460(k) et seq., 668dd-668ee, 3101 et seq.,
Pub. L. 115-20, 131 Stat. 86.
Sec. 36.1 [Amended]
0
4. Amend Sec. 36.1 by:
0
a. Removing paragraph (a); and
0
b. Redesignating paragraphs (b), (c), and (d) as paragraphs (a), (b),
and (c), respectively.
Sec. 36.2 [Amended]
0
5. Amend Sec. 36.2 by removing the definitions for ``Bait'', ``Big
game'', ``Cub bear'', ``Furbearer'', ``Natural diversity'', ``Predator
control'', ``Sport hunting'', and ``Trapping''.
0
6. Amend Sec. 36.11 by redesignating paragraph (d) as paragraph (e)
and adding a new paragraph (d) to read as follows:
Sec. 36.11 Purpose and policy.
* * * * *
(d) The State of Alaska is authorized to regulate the taking of
fish and wildlife for subsistence uses within Alaska National Wildlife
Refuges to the extent such regulation is consistent with applicable
Federal law, including but not limited to ANILCA.
* * * * *
0
7. Revise Sec. 36.13 to read as follows:
Sec. 36.13 Subsistence fishing.
Fish may be taken by local rural residents for subsistence uses in
compliance with applicable State and Federal law. To the extent
consistent with the provisions of this part and other Federal law,
applicable State laws and regulations governing the taking of fish
which are now or will hereafter be in effect are hereby incorporated by
reference as a part of these regulations.
0
8. Revise Sec. 36.14 to read as follows:
Sec. 36.14 Subsistence hunting and trapping.
Local rural residents may hunt and trap wildlife for subsistence
uses in Alaska National Wildlife Refuges in compliance with applicable
State and Federal laws. To the extent consistent with the provisions of
this part and other Federal law, applicable State laws and regulations
governing the taking of wildlife which are now or will hereafter be in
effect are hereby incorporated by reference as a part of these
regulations.
0
9. Revise the heading of subpart D to read as follows:
Subpart D--Other Refuge Uses
0
10. Revise Sec. 36.32 to read as follows:
Sec. 36.32 Taking of fish and wildlife.
(a) The taking of fish and wildlife for sport hunting, trapping,
and sport fishing is authorized in accordance with applicable State and
Federal law and such laws are hereby adopted and made a part of these
regulations; Provided
[[Page 52011]]
however, That the Refuge Manager, pursuant to Sec. 36.42, may
designate areas where, and establish periods when, no taking of a
particular population of fish or wildlife shall be permitted.
(b) The exercise of valid commercial fishing rights or privileges
obtained pursuant to existing law, including any use of refuge areas
for campsites, cabins, motorized vehicles, and aircraft landing
directly incident to the exercise of such rights or privileges, is
authorized; Provided, however, That the Refuge Manager may restrict or
prohibit the exercise of these rights or privileges or uses of
federally owned lands directly incident to such exercise if he
determines, after conducting a public hearing in the affected locality,
that they are inconsistent with the purposes of the refuge and that
they constitute a significant expansion of commercial fishing
activities within such refuge beyond the level of such activities in
1979.
(c) The following provisions shall apply to any person while
engaged in the taking of fish and wildlife within an Alaska National
Wildlife Refuge:
(1) Trapping and sport hunting. (i) Each person shall secure and
possess all required State licenses and shall comply with the
applicable provisions of State law unless further restricted by Federal
law;
(ii) Each person shall comply with the applicable provisions of
Federal law; and
(iii) In addition to the requirements of paragraphs (a) and (b) of
this section, each person shall continue to secure a trapping permit
from the appropriate Refuge Manager prior to trapping on the Kenai,
Izembek and Kodiak Refuges and the Aleutian Islands Unit of the Alaska
Maritime Refuge.
(iv) It shall be unlawful for a person having been airborne to use
a firearm or any other weapon to take or assist in taking a wolf or
wolverine until after 3:00 a.m. on the day following the day in which
the flying occurred, except that a trapper may use a firearm or any
other weapon to dispatch a legally caught wolf or wolverine in a trap
or snare on the same day in which the flying occurred. This prohibition
does not apply to flights on regularly scheduled commercial airlines
between regularly maintained public airports.
(2) Sport and commercial fishing. (i) Each person shall secure and
possess all required State licenses and shall comply with the
applicable provisions of State law unless further restricted by Federal
law; and
(ii) Each person shall comply with the applicable provisions of
Federal law.
(d) Nothing in this section shall apply to the taking of fish and
wildlife for subsistence uses.
(e) Nothing in these rules shall be interpreted as waiving the
requirements of other fish and wildlife conservation statutes such as
the Airborne Hunting Act or those provisions of subchapter C of title
50 CFR regarding the taking of depredating wildlife. Animal control
programs shall only be conducted in accordance with a special use
permit issued by the Refuge Manager.
0
11. Amend Sec. 36.42 by revising paragraphs (a), (c), (d), (e), (f),
(g), and (h) to read as follows:
Sec. 36.42 Public participation and closure procedures.
(a) Authority. The Refuge Manager may close an area or restrict an
activity on an emergency, temporary, or permanent basis.
* * * * *
(c) Emergency closures or restrictions. (1) Emergency closures or
restrictions relating to the use of aircraft, snowmachines, motorboats,
or non-motorized surface transportation shall be made after notice and
hearing;
(2) Emergency closures or restrictions relating to the taking of
fish and wildlife shall be accompanied by notice with a subsequent
hearing;
(3) Other emergency closures or restrictions shall become effective
upon notice as prescribed in paragraph (f) of this section; and
(4) No emergency closure or restriction shall be for a period
exceeding 30 days.
(d) Temporary closures or restrictions. (1) Temporary closures or
restrictions relating to the use of aircraft, snowmachines, motorboats
or non-motorized surface transportation, or to the taking of fish and
wildlife, shall not be effective prior to notice and hearing in the
vicinity of the area(s) affected by such closures or restriction, and
other locations as appropriate;
(2) Other temporary closures shall be effective upon notice as
prescribed in paragraph (f) of this section; and
(3) Temporary closures or restrictions shall extend only for so
long as necessary to achieve their purposes, and in no case may exceed
12 months or be extended beyond that time.
(e) Permanent closures or restrictions. Permanent closures or
restrictions shall be made only after notice and public hearings in the
affected vicinity and other locations as appropriate, and after
publication in the Federal Register.
(f) Notice. Emergency, temporary, or permanent closures or
restrictions shall be:
(1) Published in at least one newspaper of general circulation in
the State and in at least one local newspaper if available, posted at
community post offices within the vicinity affected, made available for
broadcast on local radio stations in a manner reasonably calculated to
inform residents in the affected vicinity, and designated on a map
which shall be available for public inspection at the office of the
Refuge Manager and other places convenient to the public; or
(2) Designated by the posting of appropriate signs; or
(3) Both.
(g) Openings. In determining whether to open an area to public use
or activity otherwise prohibited, the Refuge Manager shall provide
notice in the Federal Register and shall, upon request, hold a hearing
in the affected vicinity and other location, as appropriate, prior to
making a final determination.
(h) Prohibitions. Except as otherwise specifically permitted under
the provisions of this part, entry into closed areas or failure to
abide by restrictions established under this section is prohibited.
Dated: August 30, 2017.
Todd Willens,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2017-24324 Filed 11-8-17; 8:45 am]
BILLING CODE 4333-15-P
