82 FR 41177 - Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests; Correction

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 167 (August 30, 2017)

Page Range		41177-41178
FR Document		2017-18414

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.

Federal Register, Volume 82 Issue 167 (Wednesday, August 30, 2017)

[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Rules and Regulations]
[Pages 41177-41178]
From the Federal Register Online  [www.thefederalregister.org]
[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

Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations 41177

the Captain of the Port Charleston or a FOR FURTHER INFORMATION CONTACT: and Golden Eagle Protection Act’’ is an
designated representative. Susan Wilkinson, Division of Policy, entry for ‘‘Eagle falconry.’’ We are
(3) The Coast Guard will provide Performance, and Management removing both of these entries from the
notice of the regulated area by Local Programs; 703–358–2506. table as they remain there in error: They
Notice to Mariners, Broadcast Notice to SUPPLEMENTARY INFORMATION: should have been removed via a former
Mariners, and on-scene designated rulemaking action. On October 8, 2008,
representatives. Background we published a final rule (73 FR 59448)
(d) Enforcement period. This rule will On December 16, 2016, the U.S. Fish that revised the regulations pertaining to
be enforced from August 4, 2017 and Wildlife Service published a final falconry. In that rule, we stated that
through November 30, 2017, during rule (81 FR 91494) to revise the Federal permitting for falconry would
demolition activity. regulations in title 50 of the Code of cease as of January 1, 2014, and, as of
Dated: August 25, 2017. Federal Regulations (CFR) authorizing that date, States, territories, and Tribes
G.G. Stump, certain activities involving eagles. These would be responsible for issuing
Captain, U.S. Coast Guard, Captain of the
regulations are in parts 13 and 22 of title falconry permits. The rule revised
Port Charleston. 50. While the majority of the changes in pertinent sections of 50 CFR parts 21
the rule were to the regulations in part and 22 but failed to make the necessary
[FR Doc. 2017–18432 Filed 8–29–17; 8:45 am]
22, we also revised application fees corresponding changes to the fee table
BILLING CODE 9110–04–P
associated with some part 22 eagle in part 13. Accordingly, since we no
permits and the administration fee for longer issue Federal permits for
eagle permits over 5 years and falconry, we hereby remove two entries
DEPARTMENT OF THE INTERIOR incorporated those changes into the regarding application fees for falconry
permit fee table at 50 CFR 13.11(d)(4), permits from the table in § 13.11(d)(4).
Fish and Wildlife Service
which sets forth user fees for permits
Authority: We issue this final rule under
issued by several Service programs.
50 CFR Part 13 The amendatory instruction that the authority of the Bald and Golden Eagle
Protection Act (16 U.S.C. 668–668d).
[Docket No. FWS–R9–MB–2011–0094; published in that final rule to revise the
FF09M20300–167–FXMB123109EAGLE] table in 50 CFR 13.11(d)(4) would have List of Subjects in 50 CFR Part 13
RIN 1018–AY30 reduced the number of columns in the
table from five to four. Because one Administrative practice and
column (the ‘‘Administration fee’’ procedure, Exports, Fish, Imports,
Eagle Permits; Revisions to Plants, Reporting and recordkeeping
Regulations for Eagle Incidental Take column) had an entry for only one type
of permit, we intended to remove that requirements, Transportation, Wildlife.
and Take of Eagle Nests; Correction
column and insert the information Regulation Promulgation
AGENCY: Fish and Wildlife Service, regarding the administration fee for that
Interior. permit as a footnote to the table. While For the reasons described in the
ACTION: Correcting amendments. the Office of the Federal Register (OFR) preamble, we hereby amend subchapter
allowed the final rule to be published B of chapter I, title 50 of the Code of
SUMMARY: We, the U.S. Fish and Federal Regulations, as set forth below:
with that instruction, upon reviewing
Wildlife Service, published a final rule the rule for codification into the Code of
to revise our regulations regarding Federal Regulations, OFR decided that PART 13—GENERAL PERMIT
permits that we issue for certain the amendatory instruction removing PROCEDURES
activities involving eagles. In that final the Administration fee column was
rule, we revised the permit application inappropriate. Instead of revising the ■ 1. The authority citation for part 13
fees for certain eagle permits. These table as we intended, OFR left the table continues to read as follows:
permits are included in a table of permit unchanged and instead included this Authority: 16 U.S.C. 668a, 704, 712, 742j–
application fees for numerous Service footnote to the table in 50 CFR l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374,
programs. Because of a formatting error 13.11(d)(4): ‘‘Editorial Note: At 81 FR 4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31
in the rule, the revisions to the fee table 91549, Dec. 16, 2016, § 13.11 was U.S.C. 9701.
were not incorporated into the Code of amended; however, the amendment ■ 2. Amend the table in § 13.11(d)(4) by:
Federal Regulations (CFR) as intended. could not be incorporated due to
With this document, we correct the ■ a. Removing the entry ‘‘Falconry’’
inaccurate amendatory instruction.’’ under the section ‘‘Migratory Bird
formatting error to properly reflect This rule corrects the amendatory
current application fees for eagle Treaty Act’’; and
instruction in the December 16, 2016,
permits in the CFR and also remove two final rule (81 FR 91494), so that the CFR ■ b. Revising the section ‘‘Bald and
entries in the fee table pertaining to properly incorporates all the revisions Golden Eagle Protection Act’’ and
permits that no longer exist. This rule is made by that rule. footnote 1 to read as follows:
purely an administrative action and We are also taking this opportunity to § 13.11 Application procedures.
does not affect the provisions of the correct two longstanding errors in the
original rule in any substantive way. table at § 13.11(d)(4). In the section * * * * *
DATES: This correction is effective ‘‘Migratory Bird Treaty Act’’ is an entry (d) * * *
August 30, 2017. for ‘‘Falconry,’’ and in the section ‘‘Bald (4) * * *

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41178 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations

Permit
CFR Administration Amendment
Type of permit application
citation fee 1 fee
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 and Protection of Health and Safety 50 CFR part 22 .. 100 ..................... ........................ ........................
Golden Eagle Nest Take ......................................................................... 50 CFR part 22 .. 100 ..................... ........................ 50
Eagle Transport—Scientific or Exhibition ................................................ 50 CFR part 22 .. 75 ....................... ........................ ........................
Eagle Transport—Native American Religious Purposes ......................... 50 CFR part 22 .. No fee ................ ........................ ........................
Eagle Incidental Take—Up to 5 years, Commercial ............................... 50 CFR part 22 .. 2,500 .................. ........................ 500
Eagle Incidental Take—Non-commercial ................................................ 50 CFR part 22 .. 500 ..................... ........................ 150
Eagle Incidental Take—5–30 years ........................................................ 50 CFR part 22 .. 36,000 ................ 1 8,000 ........................
Eagle Incidental Take—Transfer of a permit .......................................... 50 CFR part 22 .. 1,000 .................. ........................ ........................
Eagle Nest Take—Single nest, Commercial ........................................... 50 CFR part 22 .. 2,500 .................. ........................ 500
Eagle Nest Take—Single nest, Non-commercial .................................... 50 CFR part 22 .. 500 ..................... ........................ 150
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.

* * * * * DATES: Effective 1200 hrs, Alaska local Classification
Dated: August 25, 2017. time (A.l.t.), August 25, 2017, through This action responds to the best
Tina A. Campbell, 2400 hrs, A.l.t., December 31, 2017. available information recently obtained
Chief, Division of Policy, Performance, and FOR FURTHER INFORMATION CONTACT: from the fishery. The Assistant
Management Programs, U.S. Fish and Wildlife Steve Whitney, 907–586–7228. Administrator for Fisheries, NOAA,
Service. (AA) finds good cause to waive the
[FR Doc. 2017–18414 Filed 8–29–17; 8:45 am] SUPPLEMENTARY INFORMATION: NMFS requirement to provide prior notice and
BILLING CODE 4333–15–P manages the groundfish fishery in the opportunity for public comment
BSAI exclusive economic zone pursuant to the authority set forth at 5
according to the Fishery Management U.S.C. 553(b)(B) as such a requirement
DEPARTMENT OF COMMERCE Plan for Groundfish of the Bering Sea is impracticable and contrary to the
and Aleutian Islands Management Area public interest. This requirement is
National Oceanic and Atmospheric (FMP) prepared by the North Pacific impracticable and contrary to the public
Administration Fishery Management Council under interest as it would prevent NMFS from
authority of the Magnuson-Stevens responding to the most recent fisheries
50 CFR Part 679 Fishery Conservation and Management data in a timely fashion and would
[Docket No. 161020985–7181–02] Act. Regulations governing fishing by delay the closure of the Pacific ocean
U.S. vessels in accordance with the FMP perch directed fishery in the WAI for
RIN 0648–XF646 vessels participating in the BSAI trawl
appear at subpart H of 50 CFR part 600
and 50 CFR part 679. limited access fishery. NMFS was
Fisheries of the Exclusive Economic unable to publish a notice providing
Zone Off Alaska; Pacific Ocean Perch The 2017 TAC of Pacific ocean perch, time for public comment because the
in the Bering Sea and Aleutian Islands in the WAI, allocated to vessels most recent, relevant data only became
Management Area participating in the BSAI trawl limited available as of August 22, 2017. The
AGENCY: National Marine Fisheries access fishery was established as a Acting AA also finds good cause to
Service (NMFS), National Oceanic and directed fishing allowance of 161 metric waive the 30-day delay in the effective
Atmospheric Administration (NOAA), tons by the final 2017 and 2018 harvest date of this action under 5 U.S.C.
Commerce. specifications for groundfish in the 553(d)(3). This finding is based upon
ACTION: Temporary rule; closure.
BSAI (82 FR 11826; February 27, 2017). the reasons provided above for waiver of
In accordance with § 679.20(d)(1)(iii), prior notice and opportunity for public
SUMMARY: NMFS is prohibiting directed the Regional Administrator finds that comment.
fishing for Pacific ocean perch in the this directed fishing allowance has been This action is required by § 679.20
Western Aleutian district (WAI) of the reached. Consequently, NMFS is and is exempt from review under
Bering Sea and Aleutian Islands prohibiting directed fishing for Pacific Executive Order 12866.
management area (BSAI) by vessels Authority: 16 U.S.C. 1801 et seq.
ocean perch in the WAI by vessels
participating in the BSAI trawl limited
participating in the BSAI trawl limited Dated: August 25, 2017.
access fishery. This action is necessary
to prevent exceeding the 2017 total access fishery. Alan D. Risenhoover,
allowable catch (TAC) of Pacific ocean After the effective dates of this Director, Office of Sustainable Fisheries,
perch in this area allocated to vessels closure, the maximum retainable National Marine Fisheries Service.
participating in the BSAI trawl limited amounts at § 679.20(e) and (f) apply at [FR Doc. 2017–18442 Filed 8–25–17; 4:15 pm]
access fishery. any time during a trip. BILLING CODE 3510–22–P

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Document Created: 2017-08-30 04:08:11
Document Modified: 2017-08-30 04:08:11

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Correcting amendments.
Dates		This correction is effective August 30, 2017.
Contact		Susan Wilkinson, Division of Policy, Performance, and Management Programs; 703-358-2506.
FR Citation		82 FR 41177
RIN Number		1018-AY30
CFR Associated		Administrative Practice and Procedure; Exports; Fish; Imports; Plants; Reporting and Recordkeeping Requirements; Transportation and Wildlife

82 FR 41177 - Eagle Permits; Revisions to Regulations for Eagle Incidental Take and Take of Eagle Nests; Correction

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 167 (August 30, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service