83 FR 23867 - Little Creek Harbor, Fisherman's Cove, Joint Expeditionary Base Little Creek-Fort Story, Little Creek, Virginia, Restricted Areas

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Federal Register Volume 83, Issue 100 (May 23, 2018)

Page Range		23867-23869
FR Document		2018-11017

The Corps of Engineers is proposing to establish a restricted area in the waters of Fisherman's Cove and Little Creek Harbor at Joint Expeditionary Base Little Creek-Fort Story, Little Creek (JEBLCFS) in Virginia Beach, Virginia. JEBLCFS is the homeport of numerous ships, small boats and special operational units. The proposed amendment is necessary to better protect vessels and personnel assigned to JEBLCFS by implementing a waterside security program. The proposed amendment establishes the restricted area waters within the boundaries of the existing installation and in the entry channel into the harbor.

Federal Register, Volume 83 Issue 100 (Wednesday, May 23, 2018)

[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Proposed Rules]
[Pages 23867-23869]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11017]



[[Page 23867]]

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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[COE-2017-0006]


Little Creek Harbor, Fisherman's Cove, Joint Expeditionary Base 
Little Creek-Fort Story, Little Creek, Virginia, Restricted Areas

AGENCY: United States Army Corps of Engineers, Department of Defense.

ACTION: Notice of proposed rulemaking and request for comments.

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

SUMMARY: The Corps of Engineers is proposing to establish a restricted 
area in the waters of Fisherman's Cove and Little Creek Harbor at Joint 
Expeditionary Base Little Creek-Fort Story, Little Creek (JEBLCFS) in 
Virginia Beach, Virginia. JEBLCFS is the homeport of numerous ships, 
small boats and special operational units. The proposed amendment is 
necessary to better protect vessels and personnel assigned to JEBLCFS 
by implementing a waterside security program. The proposed amendment 
establishes the restricted area waters within the boundaries of the 
existing installation and in the entry channel into the harbor.

DATES: Written comments must be submitted on or before June 22, 2018.

ADDRESSES: You may submit comments, identified by docket number COE-
2017-0006, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2017-0006, in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (David B. 
Olson), 441 G Street NW, Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2017-0006. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
email. The regulations.gov website is an anonymous access system, which 
means we will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email directly 
to the Corps without going through regulations.gov, your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the internet. If 
you submit an electronic comment, we recommend that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If we cannot read your comment because 
of technical difficulties and cannot contact you for clarification, we 
may not be able to consider your comment. Electronic comments should 
avoid the use of any special characters, any form of encryption, and be 
free of any defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922, or Ms. Nicole Woodward, Corps of Engineers, Norfolk District, 
Regulatory Branch, at 757-201-7122.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of 
the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and 
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 
U.S.C. 3), the Corps of Engineers is proposing amendments to 
regulations in 33 CFR part 334 for the establishment of a new 
restricted area in the waters of Fisherman's Cove and Little Creek at 
JEBLCFS in Virginia Beach, Virginia. In a memorandum dated May 1, 2017, 
the Department of the Navy requested that the Corps modify 33 CFR 334 
to establish a permanent restricted area. The proposed amendment is 
necessary to better protect vessels and personnel assigned to JEBLCFS 
by implementing a waterside security program. The request is in 
response to the possible risks associated with the potential for 
unfettered access to the harbor and the close proximity of a civilian 
marina to naval assets. The proposed amendment establishes the 
restricted area in waters within the boundary of the existing 
installation and in the entry channel into the harbor.

Procedural Requirements

a. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This proposed rule has 
not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, this proposed rule has not been 
reviewed by the Office of Management and Budget (OMB), and pursuant to 
OMB guidance it is exempt from the requirements of Executive Order 
13771.
    The Corps has made a determination this proposed rule is not a 
significant regulatory action. This regulatory action determination is 
based on the proposed rules governing the restricted areas, which allow 
any vessel that needs to transit the restricted areas to do so if the 
operator of the vessel obtains permission from Little Creek Port 
Control or the Commanding Officer, JEBLCFS, and/or other persons or 
agencies as he/she may designate.

b. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Corps certifies under 5 U.S.C. 605(b) that this rule would not 
have a significant economic impact on a substantial number of small 
entities. While some owners or operators of vessels that intend to 
transit the restricted areas may be small entities, for the reasons 
stated in paragraph (a) above this rule would not have a significant 
economic impact on any vessel owner or operator. In addition, the 
restricted areas are necessary to protect vessels and personnel 
assigned to JEBLCFS by implementing a waterside security program. Small

[[Page 23868]]

entities can also utilize navigable waters outside of the restricted 
areas. Small entities that need to transit the restricted areas may do 
so as long as the operator of the vessel obtains permission from Little 
Creek Port Control or the Commanding Officer, JEBLCFS, and/or other 
persons or agencies as he/she may designate. The restricted areas are 
necessary for security of JEBLCFS. Unless information is obtained to 
the contrary during the comment period, the Corps expects that the 
economic impact of the proposed restricted areas would have practically 
no impact on the public, any anticipated navigational hazard or 
interference with existing waterway traffic. After considering the 
economic impacts of this restricted area regulation on small entities, 
I certify that this action will not have a significant impact on a 
substantial number of small entities.

c. Review Under the National Environmental Policy Act

    Due to the administrative nature of this action and because there 
is no intended change in the use of the area, the Corps expects that 
this regulation, if adopted, will not have a significant impact to the 
quality of the human environment and, therefore, preparation of an 
environmental impact statement will not be required. An environmental 
assessment will be prepared after the public notice period is closed 
and all comments have been received and considered.

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty among the 
private sector and, therefore, it is not a Federal private sector 
mandate and it is not subject to the requirements of either Section 202 
or Section 205 of the Unfunded Mandates Act. We have also found under 
Section 203 of the Act, that small governments will not be 
significantly and uniquely affected by this rulemaking.

List of Subjects in 33 CFR Part 334

    Danger zones, Marine safety, Navigation (water), Restricted areas, 
Waterways.

    For the reasons set out in the preamble, the Corps proposes to 
amend 33 CFR part 334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
1. The authority citation for 33 CFR part 334 continues to read as 
follows:

    Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

0
2. Add Sec.  334.305 to read as follows:


Sec.  334.305   Little Creek Harbor, Fisherman's Cove, Joint 
Expeditionary Base Little Creek-Fort Story, Little Creek, Virginia, 
Restricted Areas.

    (a) The Little Creek Restricted Areas. The Little Creek Restricted 
Areas consist of two distinct areas: The Outer Harbor Restricted Area 
and the Inner Harbor Restricted Area. The datum for the coordinates in 
this section is NAD-83.
    (1) The Outer Harbor Restricted Area. The waters within an area 
beginning at a point on shore at latitude 36[deg]55'57.7'' N, longitude 
76[deg]10'35'' W, thence southwesterly to a point on the opposite shore 
at latitude 36[deg]55'53'' N, longitude 76[deg]10'44'' W, thence 
southerly to latitude 36[deg]55'21.2'' N, longitude 76[deg]10'42'' W, 
thence southwesterly to latitude 36[deg]55'17.8'' N, longitude 
76[deg]10'49'' W, thence northwesterly to a point in Fisherman's Cove 
at latitude 36[deg]55'22'' N, longitude 76[deg]11'15.5'' W, thence 
southerly to latitude 36[deg]55'19.2'' N, longitude 76[deg]11'16'' W, 
thence easterly along the southern shoreline of Fisherman's Cove, to 
latitude 36[deg]55'15.8'' N, longitude 76[deg]10'58.8'' W, and ending 
at latitude 36[deg]55'18'' N, longitude 76[deg]10'30'' W, thence to the 
point of origin.
    (2) The Inner Harbor Restricted Area. The waters within Little 
Creek Harbor south of a line beginning at latitude 36[deg]55'15.8'' N, 
longitude 76[deg]10'58.8'' W, and ending at latitude 36[deg]55'19.3'' 
N, longitude 76[deg]10'29.5'' W.
    (b) The Regulations. (1) All vessels intending to transit inbound/
outbound of the Little Creek Restricted Areas shall notify the Little 
Creek Port Control of their destination and intentions.
    (2) The Outer Harbor Restricted Area. All privately owned vessels 
properly registered and bearing identification in accordance with 
Federal and/or State laws and regulations, and all Government owned 
vessels (public vessels) may enter or exit the waters described in 
paragraph (a)(1) of this section at any time and transit inbound/
outbound of the marked dredged channel leading to Little Creek Harbor 
between jetties 8 miles westward of Cape Henry Light. All vessels 
entering or exiting the channel must notify Little Creek Port Control 
using VHF-FM channel 12, stating their destination/intention. All 
vessels transiting inbound/outbound of the channel except as noted in 
paragraph (c)(2) of this section shall proceed at speeds commensurate 
with minimum wake unless approved by Little Creek Port Control
    (3) The Inner Harbor Restricted Area. Vessels or persons intending 
to transit inbound/outbound within the waters described in paragraph 
(a)(2) of this section shall request permission from Little Creek Port 
Control with the exception of those listed in paragraph (c)(2) of this 
section. This permission shall suffice for Outer Harbor notification. 
The Inner Harbor Restricted Area is restricted to those privately owned 
vessels or persons calling upon the commercial/private piers located 
within the Inner Harbor and Government owned vessels (public vessels) 
transiting to and from U.S. Navy or U.S. Coast Guard facilities, and 
authorized Department of Defense patrons of the U.S. Navy recreational 
marina. No other vessels or persons may enter or exit this area unless 
specific authorization is granted by Commanding Officer, Joint 
Expeditionary Base Little Creek-Fort Story, and/or other persons or 
agencies as he/she may designate.
    (4) All vessels or persons transiting inbound/outbound of the Outer 
and Inner Harbor restricted areas are subject to all applicable federal 
and state laws including laws or regulations designed to protect the 
naval facility, and persons or vessels assigned therein. Federal and 
State law enforcement officials may at any time take action to ensure 
compliance with their respective laws. In addition, this regulation 
authorizes Navy security personnel, designated by Commander, Joint 
Expeditionary Base Little Creek-Fort Story or persons authorized to act 
in his/her behalf, the authority to ascertain the identity and intent 
of any vessels and/or persons transiting the restricted area that 
indicate by way of appearance or action they are a possible threat to 
government assets. If a determination is made that the vessel and/or 
persons are a threat to government assets located within the restricted 
area, Navy security units may take actions as provided by law or 
regulation that are deemed necessary to protect government personnel 
and assets located within the restricted area.
    (c) Enforcement. (1) The regulations in this section shall be 
enforced by the Commanding Officer, Joint Expeditionary Base Little 
Creek-Fort Story and/or persons or agencies as he/she may designate.
    (2) Federal and State Law enforcement vessels and personnel may 
enter anywhere in the restricted area at any time in the operation of 
their statutory missions or to enforce their respective laws.
    (3) Nothing in this regulation is deemed to preempt 33 CFR 165.501.
    (4) Vessels or persons calling upon the commercial/private piers 
located within the Inner Harbor with proper identification and 
clearance will be allowed entry subject to the same

[[Page 23869]]

provisions described in paragraph (b) of this section. Commander, Joint 
Expeditionary Base Little Creek-Fort Story reserves the right to 
temporarily deny entry in emergency situations, elevated Department of 
Defense Force Protection conditions in the Harbor, or other safety of 
navigation constraints.

    Dated: May 11, 2018.
Thomas P. Smith,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2018-11017 Filed 5-22-18; 8:45 am]
 BILLING CODE 3720-58-P

23868 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Proposed Rules

entities can also utilize navigable waters § 334.305 Little Creek Harbor, Fisherman’s section shall request permission from
outside of the restricted areas. Small Cove, Joint Expeditionary Base Little Creek- Little Creek Port Control with the
entities that need to transit the restricted Fort Story, Little Creek, Virginia, Restricted exception of those listed in paragraph
Areas. (c)(2) of this section. This permission
areas may do so as long as the operator
of the vessel obtains permission from (a) The Little Creek Restricted Areas. shall suffice for Outer Harbor
Little Creek Port Control or the The Little Creek Restricted Areas consist notification. The Inner Harbor
Commanding Officer, JEBLCFS, and/or of two distinct areas: The Outer Harbor Restricted Area is restricted to those
other persons or agencies as he/she may Restricted Area and the Inner Harbor privately owned vessels or persons
designate. The restricted areas are Restricted Area. The datum for the calling upon the commercial/private
necessary for security of JEBLCFS. coordinates in this section is NAD–83. piers located within the Inner Harbor
Unless information is obtained to the (1) The Outer Harbor Restricted Area. and Government owned vessels (public
contrary during the comment period, The waters within an area beginning at vessels) transiting to and from U.S.
the Corps expects that the economic a point on shore at latitude 36°55′57.7″ Navy or U.S. Coast Guard facilities, and
impact of the proposed restricted areas N, longitude 76°10′35″ W, thence authorized Department of Defense
would have practically no impact on the southwesterly to a point on the opposite patrons of the U.S. Navy recreational
public, any anticipated navigational shore at latitude 36°55′53″ N, longitude marina. No other vessels or persons may
hazard or interference with existing 76°10′44″ W, thence southerly to enter or exit this area unless specific
waterway traffic. After considering the latitude 36°55′21.2″ N, longitude authorization is granted by
economic impacts of this restricted area 76°10′42″ W, thence southwesterly to Commanding Officer, Joint
regulation on small entities, I certify latitude 36°55′17.8″ N, longitude Expeditionary Base Little Creek-Fort
that this action will not have a 76°10′49″ W, thence northwesterly to a Story, and/or other persons or agencies
significant impact on a substantial point in Fisherman′s Cove at latitude as he/she may designate.
number of small entities. 36°55′22″ N, longitude 76°11′15.5″ W, (4) All vessels or persons transiting
thence southerly to latitude 36°55′19.2″ inbound/outbound of the Outer and
c. Review Under the National N, longitude 76°11′16″ W, thence Inner Harbor restricted areas are subject
Environmental Policy Act easterly along the southern shoreline of to all applicable federal and state laws
Due to the administrative nature of Fisherman’s Cove, to latitude including laws or regulations designed
this action and because there is no 36°55′15.8″ N, longitude 76°10′58.8″ W, to protect the naval facility, and persons
intended change in the use of the area, and ending at latitude 36°55′18″ N, or vessels assigned therein. Federal and
the Corps expects that this regulation, if longitude 76°10′30″ W, thence to the State law enforcement officials may at
adopted, will not have a significant point of origin. any time take action to ensure
impact to the quality of the human (2) The Inner Harbor Restricted Area. compliance with their respective laws.
environment and, therefore, preparation The waters within Little Creek Harbor In addition, this regulation authorizes
of an environmental impact statement south of a line beginning at latitude Navy security personnel, designated by
will not be required. An environmental 36°55′15.8″ N, longitude 76°10′58.8″ W, Commander, Joint Expeditionary Base
assessment will be prepared after the and ending at latitude 36°55′19.3″ N, Little Creek-Fort Story or persons
public notice period is closed and all longitude 76°10′29.5″ W. authorized to act in his/her behalf, the
comments have been received and (b) The Regulations. (1) All vessels authority to ascertain the identity and
considered. intending to transit inbound/outbound intent of any vessels and/or persons
of the Little Creek Restricted Areas shall transiting the restricted area that
d. Unfunded Mandates Act notify the Little Creek Port Control of indicate by way of appearance or action
This proposed rule does not impose their destination and intentions. they are a possible threat to government
an enforceable duty among the private (2) The Outer Harbor Restricted Area. assets. If a determination is made that
sector and, therefore, it is not a Federal All privately owned vessels properly the vessel and/or persons are a threat to
private sector mandate and it is not registered and bearing identification in government assets located within the
subject to the requirements of either accordance with Federal and/or State restricted area, Navy security units may
Section 202 or Section 205 of the laws and regulations, and all take actions as provided by law or
Unfunded Mandates Act. We have also Government owned vessels (public regulation that are deemed necessary to
found under Section 203 of the Act, that vessels) may enter or exit the waters protect government personnel and
small governments will not be described in paragraph (a)(1) of this assets located within the restricted area.
significantly and uniquely affected by section at any time and transit inbound/ (c) Enforcement. (1) The regulations
this rulemaking. outbound of the marked dredged in this section shall be enforced by the
channel leading to Little Creek Harbor Commanding Officer, Joint
List of Subjects in 33 CFR Part 334
between jetties 8 miles westward of Expeditionary Base Little Creek-Fort
Danger zones, Marine safety, Cape Henry Light. All vessels entering Story and/or persons or agencies as he/
Navigation (water), Restricted areas, or exiting the channel must notify Little she may designate.
Waterways. Creek Port Control using VHF–FM (2) Federal and State Law
For the reasons set out in the channel 12, stating their destination/ enforcement vessels and personnel may
preamble, the Corps proposes to amend intention. All vessels transiting enter anywhere in the restricted area at
33 CFR part 334 as follows: inbound/outbound of the channel any time in the operation of their
except as noted in paragraph (c)(2) of statutory missions or to enforce their
daltland on DSKBBV9HB2PROD with PROPOSALS

PART 334—DANGER ZONE AND this section shall proceed at speeds respective laws.
RESTRICTED AREA REGULATIONS commensurate with minimum wake (3) Nothing in this regulation is
■ 1. The authority citation for 33 CFR unless approved by Little Creek Port deemed to preempt 33 CFR 165.501.
Control (4) Vessels or persons calling upon
part 334 continues to read as follows:
(3) The Inner Harbor Restricted Area. the commercial/private piers located
Authority: 40 Stat. 266 (33 U.S.C. 1) and Vessels or persons intending to transit within the Inner Harbor with proper
40 Stat. 892 (33 U.S.C. 3). inbound/outbound within the waters identification and clearance will be
■ 2. Add § 334.305 to read as follows: described in paragraph (a)(2) of this allowed entry subject to the same

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Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Proposed Rules 23869

provisions described in paragraph (b) of FOR FURTHER INFORMATION CONTACT: Ron United States and Great Britain (for
this section. Commander, Joint W. Kokel, U.S. Fish and Wildlife Canada) for the Protection of Migratory
Expeditionary Base Little Creek-Fort Service, Department of the Interior, MS: Birds (Treaty). The guidelines apply to
Story reserves the right to temporarily MB, 5275 Leesburg Pike, Falls Church, those Tribes having recognized reserved
deny entry in emergency situations, VA 22041–3803; (703) 358–1967. hunting rights on Federal Indian
elevated Department of Defense Force SUPPLEMENTARY INFORMATION: As part of reservations (including off-reservation
Protection conditions in the Harbor, or the Department of the Interior’s (DOI’s) trust lands) and on ceded lands. They
other safety of navigation constraints. retrospective regulatory review, we also apply to establishing migratory bird
Dated: May 11, 2018. developed a schedule for migratory hunting regulations for nontribal
game bird hunting regulations that is hunters on all lands within the exterior
Thomas P. Smith,
more efficient and will provide dates boundaries of reservations where Tribes
Chief, Operations and Regulatory Division, have full wildlife management authority
Directorate of Civil Works. much earlier than was possible under
the old process. This will facilitate over such hunting or where the Tribes
[FR Doc. 2018–11017 Filed 5–22–18; 8:45 am]
planning for the States and all parties and affected States otherwise have
BILLING CODE 3720–58–P reached agreement over hunting by
interested in migratory bird hunting.
Beginning in the summer of 2015, with nontribal hunters on lands owned by
the development of the 2016–17 hunting non-Indians within the reservation.
DEPARTMENT OF THE INTERIOR seasons, we are using a new schedule Tribes usually have the authority to
regulate migratory bird hunting by
for establishing our annual migratory
Fish and Wildlife Service nonmembers on Indian-owned
game bird hunting regulations. We will
reservation lands, subject to Service
combine the current early- and late-
50 CFR Part 20 approval. The question of jurisdiction is
season regulatory actions into a single
more complex on reservations that
process, based on predictions derived
[Docket No. FWS–HQ–MB–2017–0028; include lands owned by non-Indians,
FF09M21200–178–FXMB1231099BPP0] from long-term biological information
especially when the surrounding States
and harvest strategies, to establish
have established or intend to establish
RIN 1018–BB73 migratory bird hunting seasons much
regulations governing hunting by non-
earlier than the system we have used for
Migratory Bird Hunting; Proposed Indians on these lands. In such cases,
many years. Under the new process, we we encourage the Tribes and States to
Migratory Bird Hunting Regulations on will develop proposed hunting season
Certain Federal Indian Reservations reach agreement on regulations that
frameworks for a given year in the fall would apply throughout the
and Ceded Lands for the 2018–19 of the prior year. We will finalize those reservations. When appropriate, we will
Season frameworks a few months later, thereby consult with a Tribe and State with the
enabling the State agencies to select and aim of facilitating an accord. We also
AGENCY: Fish and Wildlife Service,
publish their season dates in early will consult jointly with tribal and State
Interior.
summer. This rulemaking is part of that officials in the affected States where
ACTION: Proposed rule. process. Tribes wish to establish special hunting
SUMMARY: The U.S. Fish and Wildlife We developed the guidelines for regulations for tribal members on ceded
Service (hereinafter, Service or we) establishing special migratory bird lands. Because of past questions
proposes special migratory bird hunting hunting regulations for Indian Tribes in regarding interpretation of what events
regulations for certain Tribes on Federal response to tribal requests for trigger the consultation process, as well
Indian reservations, off-reservation trust recognition of their reserved hunting as who initiates it, we provide the
lands, and ceded lands for the 2018–19 rights and, for some Tribes, recognition following clarification.
migratory bird hunting season. of their authority to regulate hunting by We routinely provide copies of
both tribal and nontribal hunters on Federal Register publications pertaining
DATES: You must submit comments on
their reservations. The guidelines to migratory bird management to all
the proposed regulations by June 22, include possibilities for:
2018. State Directors, Tribes, and other
(1) On-reservation hunting by both interested parties. It is the responsibility
ADDRESSES: Comments: You may submit tribal and nontribal hunters, with of the States, Tribes, and others to notify
comments on the proposals by one of hunting by nontribal hunters on some us of any concern regarding any
the following methods: reservations to take place within Federal feature(s) of any regulations. When we
• Federal eRulemaking Portal: http:// frameworks but on dates different from receive such notification, we will
www.regulations.gov. Follow the those selected by the surrounding initiate consultation.
instructions for submitting comments State(s); Our guidelines provide for the
on Docket No. FWS–HQ–MB–2017– (2) On-reservation hunting by tribal continued harvest of waterfowl and
0028. members only, outside of the usual other migratory game birds by tribal
• U.S. mail or hand delivery: Public Federal frameworks for season dates and members on reservations where such
Comments Processing, Attn: FWS–HQ– length, and for daily bag and possession harvest has been a customary practice.
MB–2017–0028; Division of Policy, limits; and We do not oppose this harvest, provided
Performance, and Management (3) Off-reservation hunting by tribal it does not take place during the closed
Programs; U.S. Fish and Wildlife members on ceded lands, outside of season defined by the Treaty, and does
daltland on DSKBBV9HB2PROD with PROPOSALS

Service; MS: BPHC; 5275 Leesburg Pike; usual framework dates and season not adversely affect the status of the
Falls Church, VA 22041–3803. length, with some added flexibility in migratory bird resource. Before
We will post all comments on http:// daily bag and possession limits. developing the guidelines, we reviewed
www.regulations.gov. This generally In all cases, the regulations available information on the current
means that we will post any personal established under the guidelines must status of migratory bird populations,
information you provide us (see Public be consistent with the March 10 to reviewed the current status of migratory
Comments, below, for more September 1 closed season mandated by bird hunting on Federal Indian
information). the 1916 Convention between the reservations, and evaluated the potential

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Document Created: 2018-05-22 23:48:33
Document Modified: 2018-05-22 23:48:33

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		Proposed Rules
Action		Notice of proposed rulemaking and request for comments.
Dates		Written comments must be submitted on or before June 22, 2018.
Contact		Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922, or Ms. Nicole Woodward, Corps of Engineers, Norfolk District, Regulatory Branch, at 757-201-7122.
FR Citation		83 FR 23867
CFR Associated		Danger Zones; Marine Safety; Navigation (water); Restricted Areas and Waterways

83 FR 23867 - Little Creek Harbor, Fisherman's Cove, Joint Expeditionary Base Little Creek-Fort Story, Little Creek, Virginia, Restricted Areas

DEPARTMENT OF DEFENSEDepartment of the Army, Corps of Engineers

Federal Register Volume 83, Issue 100 (May 23, 2018)

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers