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

the Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement period. This rule will 

be enforced from August 4, 2017 

through November 30, 2017, during 

demolition activity. 

Dated: August 25, 2017. 

G.G. Stump, 

Captain, U.S. Coast Guard, Captain of the 

Port Charleston. 

[FR Doc. 2017–18432 Filed 8–29–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 13 

[Docket No. FWS–R9–MB–2011–0094; 

FF09M20300–167–FXMB123109EAGLE] 

RIN 1018–AY30 

Eagle Permits; Revisions to 

Regulations for Eagle Incidental Take 

and Take of Eagle Nests; Correction 

AGENCY: Fish and Wildlife Service, 

Interior. 

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, § 13.11 was 

amended; however, the amendment 

could not be incorporated due to 

inaccurate amendatory instruction.’’ 

This rule corrects the amendatory 

instruction in the December 16, 2016, 

final rule (81 FR 91494), so that the CFR 

properly incorporates all the revisions 

made by that rule. 

We are also taking this opportunity to 

correct two longstanding errors in the 

table at § 13.11(d)(4). In the section 

‘‘Migratory Bird Treaty Act’’ is an entry 

for ‘‘Falconry,’’ and in the section ‘‘Bald 

and Golden Eagle Protection Act’’ is an 

entry for ‘‘Eagle falconry.’’ We are 

removing both of these entries from the 

table as they remain there in error: They 

should have been removed via a former 

rulemaking action. On October 8, 2008, 

we published a final rule (73 FR 59448) 

that revised the regulations pertaining to 

falconry. In that rule, we stated that 

Federal permitting for falconry would 

cease as of January 1, 2014, and, as of 

that date, States, territories, and Tribes 

would be responsible for issuing 

falconry permits. The rule revised 

pertinent sections of 50 CFR parts 21 

and 22 but failed to make the necessary 

corresponding changes to the fee table 

in part 13. Accordingly, since we no 

longer issue Federal permits for 

falconry, we hereby remove two entries 

regarding application fees for falconry 

permits from the table in § 13.11(d)(4). 

Authority: We issue this final rule under 

the authority of the Bald and Golden Eagle 

Protection Act (16 U.S.C. 668–668d). 

List of Subjects in 50 CFR Part 13 

Administrative practice and 

procedure, Exports, Fish, Imports, 

Plants, Reporting and recordkeeping 

requirements, Transportation, Wildlife. 

Regulation Promulgation 

For the reasons described in the 

preamble, we hereby amend subchapter 

B of chapter I, title 50 of the Code of 

Federal Regulations, as set forth below: 

PART 13—GENERAL PERMIT 

PROCEDURES 

■ 1. The authority citation for part 13 

continues to read as follows: 

Authority: 16 U.S.C. 668a, 704, 712, 742j– 

l, 1374(g), 1382, 1538(d), 1539, 1540(f), 3374, 

4901–4916; 18 U.S.C. 42; 19 U.S.C. 1202; 31 

U.S.C. 9701. 

■ 2. Amend the table in § 13.11(d)(4) by: 

■ a. Removing the entry ‘‘Falconry’’ 

under the section ‘‘Migratory Bird 

Treaty Act’’; and 

■ b. Revising the section ‘‘Bald and 

Golden Eagle Protection Act’’ and 

footnote 1 to read as follows: 

§ 13.11 Application procedures. 

* * * * * 

(d) * * * 

(4) * * * 

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

Type of permit CFR 

citation 

Permit 

application 

fee 

Administration 

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 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 ................ ........................ ........................

* * * * * * * 

1An 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF646 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch in the 

Western Aleutian district (WAI) of the 

Bering Sea and Aleutian Islands 

management area (BSAI) by vessels 

participating in the BSAI trawl limited 

access fishery. This action is necessary 

to prevent exceeding the 2017 total 

allowable catch (TAC) of Pacific ocean 

perch in this area allocated to vessels 

participating in the BSAI trawl limited 

access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 25, 2017, through 

2400 hrs, A.l.t., December 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2017 TAC of Pacific ocean perch, 

in the WAI, allocated to vessels 

participating in the BSAI trawl limited 

access fishery was established as a 

directed fishing allowance of 161 metric 

tons by the final 2017 and 2018 harvest 

specifications for groundfish in the 

BSAI (82 FR 11826; February 27, 2017). 

In accordance with § 679.20(d)(1)(iii), 

the Regional Administrator finds that 

this directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

ocean perch in the WAI by vessels 

participating in the BSAI trawl limited 

access fishery. 

After the effective dates of this 

closure, the maximum retainable 

amounts at § 679.20(e) and (f) apply at 

any time during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA) finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such a requirement 

is impracticable and contrary to the 

public interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of the Pacific ocean 

perch directed fishery in the WAI for 

vessels participating in the BSAI trawl 

limited access fishery. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of August 22, 2017. The 

Acting AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 25, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–18442 Filed 8–25–17; 4:15 pm] 

BILLING CODE 3510–22–P