82 FR 52009 - 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

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 216 (November 9, 2017)

Page Range		52009-52011
FR Document		2017-24324

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.

Federal Register, Volume 82 Issue 216 (Thursday, November 9, 2017)

[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Rules and Regulations]
[Pages 52009-52011]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24324]


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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

Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 52009

between the national government and G. Protest Activities (d) Enforcement period. This rule will
the States, or on the distribution of The Coast Guard respects the First be enforced from 7 a.m. on November 5,
power and responsibilities among the Amendment rights of protesters. 2017 through 7 a.m. on November 12,
various levels of government. We have Protesters are asked to contact the 2017, unless sooner terminated by the
analyzed this rule under that Order and person listed in the FOR FURTHER COTP San Juan.
have determined that it is consistent INFORMATION CONTACT section to Dated: November 3, 2017.
with the fundamental federalism coordinate protest activities so that your Francisco S. Rego,
principles and preemption requirements message can be received without Captain, U.S. Coast Guard, Acting Captain
described in Executive Order 13132. jeopardizing the safety or security of of the Port San Juan.
Also, this rule does not have tribal people, places or vessels. [FR Doc. 2017–24375 Filed 11–8–17; 8:45 am]
implications under Executive Order List of Subjects in 33 CFR Part 165 BILLING CODE 9110–04–P
13175, Consultation and Coordination Harbors, Marine safety, Navigation
with Indian Tribal Governments, (water), Reporting and record keeping
because it does not have a substantial requirements, Security measures, DEPARTMENT OF THE INTERIOR
direct effect on one or more Indian Waterways.
tribes, on the relationship between the Fish and Wildlife Service
For the reasons discussed in the
Federal Government and Indian tribes, preamble, the Coast Guard amends 33
or on the distribution of power and 50 CFR Parts 32 and 36
CFR part 165 as follows:
responsibilities between the Federal [Docket No. FWS–R7–NWRS–2014–0005;
Government and Indian tribes. If you PART 165—REGULATED NAVIGATION FF07R00000 FXRS12610700000 178
believe this rule has implications for AREAS AND LIMITED ACCESS AREAS Obligation # 4500093321]
federalism or Indian tribes, please RIN 1018–BA31
contact the person listed in the FOR ■ 1. The authority citation for Part 165
FURTHER INFORMATION CONTACT section continues to read as follows: Effectuating Congressional
above. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Nullification of the Non-Subsistence
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Take of Wildlife, and Public
E. Unfunded Mandates Reform Act Department of Homeland Security Delegation Participation and Closure Procedures,
No. 0170.1.
The Unfunded Mandates Reform Act on National Wildlife Refuges in Alaska
of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T07–1034 to read as Under the Congressional Review Act
Federal agencies to assess the effects of follows:
AGENCY: Fish and Wildlife Service,
their discretionary regulatory actions. In § 165.T07–1034 Safety Zone; Port of Ponce Interior.
particular, the Act addresses actions Turning Basin, Bahı́a de Ponce, Ponce, PR.
ACTION: Final rule; CRA revocation.
that may result in the expenditure by a (a) Location. The following area is a
State, local, or tribal government, in the safety zone: All navigable waters within SUMMARY: By operation of the
aggregate, or by the private sector of 100 yards of the salvage vessel and Congressional Review Act (CRA), the
$100,000,000 (adjusted for inflation) or associated machinery operating in Port ‘‘Non-subsistence Take of Wildlife, and
more in any one year. Though this rule of Ponce Turning Basin, Ponce, PR in Public Participation and Closure
will not result in such an expenditure, approximate position 17°58′13.50″ N. Procedures, on National Wildlife
we do discuss the effects of this rule 066°37′10.92″ W. Refuges in Alaska’’ (non-subsistence
elsewhere in this preamble. (b) Definition. As used in this section, take of wildlife rule) shall be treated as
the term ‘‘designated representative’’ if it had never taken effect. The U.S.
F. Environment includes Coast Guard coxswains, petty Fish and Wildlife Service issues this
We have analyzed this rule under officers, and other officers operating document to effect the removal of any
Department of Homeland Security Coast Guard vessels, and Federal, state, amendments, deletions, or other
Management Directive 023–01 and and local officers designated by or modifications made by the nullified rule
Commandant Instruction M16475.lD, assisting the COTP San Juan in the and the reversion to the text of the
enforcement of the safety zone. regulations in effect immediately prior
which guide the Coast Guard in
(c) Regulations. (1) All persons and to the effective date of the non-
complying with the National vessels are prohibited from entering,
Environmental Policy Act of 1969 (42 subsistence take of wildlife rule.
transiting through, anchoring in, or DATES: This rule is effective November
U.S.C. 4321–4370f), and have remaining within the safety zone unless
determined that this action is one of a 9, 2017.
authorized by the COTP San Juan or a
category of actions that do not ADDRESSES: Previous documents related
designated representative.
individually or cumulatively have a (2) Persons and vessels desiring to to the Non-subsistence Take of Wildlife,
significant effect on the human enter, transit through, anchor in, or and Public Participation and Closure
environment. This rule involves a safety remain within the safety zone may Procedures, on National Wildlife
zone that will prohibit entry within 100 contact the COTP San Juan by telephone Refuges in Alaska rule (non-subsistence
yards of vessels and associated at (787) 729–6800, option #4, or the take of wildlife rule) of August 5, 2016
machinery being used by personnel to Resident Inspection Office (RIO) Ponce (81 FR 52248), may be found on the
remove an obstruction in the Port of at (787) 284–8423, or a designated internet at www.regulations.gov in
Docket No. FWS–R7–NWRS–2014–
nshattuck on DSK9F9SC42PROD with RULES

Ponce. It is categorically excluded from representative via VHF–FM radio on
further review under paragraph 34(g) of channel 16 to request authorization. If 0005.
Figure 2–1 of the Commandant authorization is granted, all persons and FOR FURTHER INFORMATION CONTACT:
Instruction. A Record of Environmental vessels receiving such authorization Stephanie Brady, Chief of Conservation
Consideration supporting this must comply with the instructions of Planning and Policy, National Wildlife
determination is available in the docket the COTP San Juan or a designated Refuge System, Alaska Regional Office,
where indicated under ADDRESSES. representative. 1011 E. Tudor Rd., Mail Stop 211,

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52010 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations

Anchorage, AK 99503; telephone (907) Executive Order 13771 § 36.1 [Amended]
306–7448. If you use a This final rule is considered an E.O. ■ 4. Amend § 36.1 by:
telecommunications device for the deaf 13771 deregulatory action. We estimate ■ a. Removing paragraph (a); and
(TDD), call the Federal Relay Service at the cost savings of this rule to be ■ b. Redesignating paragraphs (b), (c),
800–877–8339. negligible. The average trip-related and (d) as paragraphs (a), (b), and (c),
SUPPLEMENTARY INFORMATION: expenditures for big game hunting ($139 respectively.
per day) yields approximately $5.9 § 36.2 [Amended]
Background million annually in big game hunting-
related expenditures on national ■ 5. Amend § 36.2 by removing the
The U.S. Fish and Wildlife Service definitions for ‘‘Bait’’, ‘‘Big game’’, ‘‘Cub
published the Non-subsistence Take of wildlife refuges (NWRs) in Alaska.
Since only a small fraction of big game bear’’, ‘‘Furbearer’’, ‘‘Natural diversity’’,
Wildlife, and Public Participation and ‘‘Predator control’’, ‘‘Sport hunting’’,
Closure Procedures, on National hunters would likely have chosen to not
hunt on NWRs because of the original and ‘‘Trapping’’.
Wildlife Refuges in Alaska (non-
rule, the impact is minimal. The effect ■ 6. Amend § 36.11 by redesignating
subsistence take of wildlife rule) on
to the local communities is far less than paragraph (d) as paragraph (e) and
August 5, 2016 (81 FR 52248). The rule
$5.9 million annually because few adding a new paragraph (d) to read as
became effective on September 6, 2016.
hunters use the prohibited methods and follows:
On February 16, 2017, the United States
House of Representatives passed a those hunters that do would have likely § 36.11 Purpose and policy.
resolution of disapproval [H.J. Res. 69] chosen a substitute site.
* * * * *
of the non-subsistence take of wildlife List of Subjects (d) The State of Alaska is authorized
rule under the Congressional Review to regulate the taking of fish and
Act (CRA), 5 U.S.C. 801 et seq. The 50 CFR Part 32
wildlife for subsistence uses within
Senate then passed a resolution of Fishing, Hunting, Reporting and Alaska National Wildlife Refuges to the
disapproval [S.J. Res. 18] on March 21, recordkeeping requirements, Wildlife, extent such regulation is consistent with
2017 (Cong. Rec. p. S1884). President Wildlife refuges. applicable Federal law, including but
Trump then signed the resolution into not limited to ANILCA.
law as Public Law 115–20 on April 3, 50 CFR Part 36
* * * * *
2017. Therefore, under the terms of the Alaska, Recreation and recreation ■ 7. Revise § 36.13 to read as follows:
CRA, the U.S. Fish and Wildlife Service areas, Reporting and recordkeeping
non-subsistence take of wildlife rule requirements, Wildlife refuges. § 36.13 Subsistence fishing.
shall be ‘‘treated as though such rule Fish may be taken by local rural
had never taken effect.’’ 5 U.S.C. 801(f). Regulation Promulgation
residents for subsistence uses in
However, because the CRA does not For the reasons set forth in the compliance with applicable State and
include direction regarding the removal, preamble, and under the authority of the Federal law. To the extent consistent
by the Office of the Federal Register or Congressional Review Act (5 U.S.C. 801 with the provisions of this part and
otherwise, of the voided language from et seq.) and Public Law 115–20 (April 3, other Federal law, applicable State laws
the Code of Federal Regulations (CFR), 2017), the Service amends title 50, and regulations governing the taking of
the U.S. Fish and Wildlife Service must chapter I, subchapter C, of the Code of fish which are now or will hereafter be
publish this document to effect the Federal Regulations as follows: in effect are hereby incorporated by
removal of the voided text. This reference as a part of these regulations.
document will enable the Office of the PART 32—HUNTING AND FISHING
■ 8. Revise § 36.14 to read as follows:
Federal Register to effectuate ■ 1. The authority citation for part 32 is
congressional intent to remove the § 36.14 Subsistence hunting and trapping.
revised to read as follows:
voided text of the non-subsistence take Local rural residents may hunt and
of wildlife rule as if it had never taken Authority: 5 U.S.C. 301; 16 U.S.C. 460k, trap wildlife for subsistence uses in
effect, and restore the previous language 664, 668dd–668ee, and 715i; Pub. L. 115–20, Alaska National Wildlife Refuges in
131 Stat. 86. compliance with applicable State and
and prior state of the CFR.
■ 2. Amend § 32.2 by revising the last Federal laws. To the extent consistent
This action is not an exercise of the
sentence of paragraph (h) to read as with the provisions of this part and
Department’s rulemaking authority
follows: other Federal law, applicable State laws
under the Administrative Procedure
Act, because the Department is not and regulations governing the taking of
§ 32.2 What are the requirements for
‘‘formulating, amending, or repealing a hunting on areas of the National Wildlife wildlife which are now or will hereafter
rule’’ under 5 U.S.C. 551(5). Rather, the Refuge System? be in effect are hereby incorporated by
Department is effectuating changes to reference as a part of these regulations.
* * * * *
the CFR to reflect what congressional (h) * * * (Baiting is authorized in ■ 9. Revise the heading of subpart D to
action has already accomplished— accordance with State regulations on read as follows:
namely, the nullification of any changes national wildlife refuges in Alaska).
Subpart D—Other Refuge Uses
purported to have been made to the CFR * * * * *
by the non-subsistence take of wildlife ■ 10. Revise § 36.32 to read as follows:
rule and the reversion to the regulatory PART 36—ALASKA NATIONAL
nshattuck on DSK9F9SC42PROD with RULES

text in effect immediately prior to WILDLIFE REFUGES § 36.32 Taking of fish and wildlife.
September 6, 2016, the effective date of (a) The taking of fish and wildlife for
the non-subsistence take of wildlife ■ 3. The authority citation for part 36 is sport hunting, trapping, and sport
rule. Accordingly, the Department is not revised to read as follows: fishing is authorized in accordance with
soliciting comments on this action. Authority: 16 U.S.C. 460(k) et seq., 668dd– applicable State and Federal law and
Moreover, this action is not a final 668ee, 3101 et seq., Pub. L. 115–20, 131 Stat. such laws are hereby adopted and made
agency action subject to judicial review. 86. a part of these regulations; Provided

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Document Created: 2018-10-25 10:30:34
Document Modified: 2018-10-25 10:30:34

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		Final rule; CRA revocation.
Dates		This rule is effective November 9, 2017.
Contact		Stephanie Brady, Chief of Conservation Planning and Policy, National Wildlife Refuge System, Alaska Regional Office, 1011 E. Tudor Rd., Mail Stop 211, 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.
FR Citation		82 FR 52009
RIN Number		1018-BA31
CFR Citation		50 CFR 32 50 CFR 36
CFR Associated		Fishing; Hunting; Reporting and Recordkeeping Requirements; Wildlife; Wildlife Refuges; Alaska and Recreation and Recreation Areas

82 FR 52009 - 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

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 216 (November 9, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service