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

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone that will prohibit entry within 100 

yards of vessels and associated 

machinery being used by personnel to 

remove an obstruction in the Port of 

Ponce. It is categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of the Commandant 

Instruction. A Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for Part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T07–1034 to read as 

follows: 

§ 165.T07–1034 Safety Zone; Port of Ponce 

Turning Basin, Bahı ́a de Ponce, Ponce, PR. 

(a) Location. The following area is a 

safety zone: All navigable waters within 

100 yards of the salvage vessel and 

associated machinery operating in Port 

of Ponce Turning Basin, Ponce, PR in 

approximate position 17°58′13.50′′ N. 

066°37′10.92′′ W. 

(b) Definition. As used in this section, 

the term ‘‘designated representative’’ 

includes Coast Guard coxswains, petty 

officers, and other officers operating 

Coast Guard vessels, and Federal, state, 

and local officers designated by or 

assisting the COTP San Juan in the 

enforcement of the safety zone. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the safety zone unless 

authorized by the COTP San Juan or a 

designated representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the safety zone may 

contact the COTP San Juan by telephone 

at (787) 729–6800, option #4, or the 

Resident Inspection Office (RIO) Ponce 

at (787) 284–8423, or a designated 

representative via VHF–FM radio on 

channel 16 to request authorization. If 

authorization is granted, all persons and 

vessels receiving such authorization 

must comply with the instructions of 

the COTP San Juan or a designated 

representative. 

(d) Enforcement period. This rule will 

be enforced from 7 a.m. on November 5, 

2017 through 7 a.m. on November 12, 

2017, unless sooner terminated by the 

COTP San Juan. 

Dated: November 3, 2017. 

Francisco S. Rego, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port San Juan. 

[FR Doc. 2017–24375 Filed 11–8–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Parts 32 and 36 

[Docket No. FWS–R7–NWRS–2014–0005; 

FF07R00000 FXRS12610700000 178 

Obligation # 4500093321] 

RIN 1018–BA31 

Effectuating Congressional 

Nullification of the Non-Subsistence 

Take of Wildlife, and Public 

Participation and Closure Procedures, 

on National Wildlife Refuges in Alaska 

Under the Congressional Review Act 

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 nonsubsistence take of wildlife rule. 

DATES: This rule is effective November 

9, 2017. 

ADDRESSES: Previous documents related 

to the Non-subsistence Take of Wildlife, 

and Public Participation and Closure 

Procedures, on National Wildlife 

Refuges in Alaska rule (non-subsistence 

take of wildlife rule) of August 5, 2016 

(81 FR 52248), may be found on the 

internet at www.regulations.gov in 

Docket No. FWS–R7–NWRS–2014– 

0005. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Brady, Chief of Conservation 

Planning and Policy, National Wildlife 

Refuge System, Alaska Regional Office, 

1011 E. Tudor Rd., Mail Stop 211, 


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

Anchorage, AK 99503; telephone (907) 

306–7448. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Relay Service at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

The U.S. Fish and Wildlife Service 

published the Non-subsistence Take of 

Wildlife, and Public Participation and 

Closure Procedures, on National 

Wildlife Refuges in Alaska (nonsubsistence take of wildlife rule) on 

August 5, 2016 (81 FR 52248). The rule 

became effective on September 6, 2016. 

On February 16, 2017, the United States 

House of Representatives passed a 

resolution of disapproval [H.J. Res. 69] 

of the non-subsistence take of wildlife 

rule under the Congressional Review 

Act (CRA), 5 U.S.C. 801 et seq. The 

Senate then passed a resolution of 

disapproval [S.J. Res. 18] on March 21, 

2017 (Cong. Rec. p. S1884). President 

Trump then signed the resolution into 

law as Public Law 115–20 on April 3, 

2017. Therefore, under the terms of the 

CRA, the U.S. Fish and Wildlife Service 

non-subsistence take of wildlife rule 

shall be ‘‘treated as though such rule 

had never taken effect.’’ 5 U.S.C. 801(f). 

However, because the CRA does not 

include direction regarding the removal, 

by the Office of the Federal Register or 

otherwise, of the voided language from 

the Code of Federal Regulations (CFR), 

the U.S. Fish and Wildlife Service must 

publish this document to effect the 

removal of the voided text. This 

document will enable the Office of the 

Federal Register to effectuate 

congressional intent to remove the 

voided text of the non-subsistence take 

of wildlife rule as if it had never taken 

effect, and restore the previous language 

and prior state of the CFR. 

This action is not an exercise of the 

Department’s rulemaking authority 

under the Administrative Procedure 

Act, because the Department is not 

‘‘formulating, amending, or repealing a 

rule’’ under 5 U.S.C. 551(5). Rather, the 

Department is effectuating changes to 

the CFR to reflect what congressional 

action has already accomplished— 

namely, the nullification of any changes 

purported to have been made to the CFR 

by the non-subsistence take of wildlife 

rule and the reversion to the regulatory 

text in effect immediately prior to 

September 6, 2016, the effective date of 

the non-subsistence take of wildlife 

rule. Accordingly, the Department is not 

soliciting comments on this action. 

Moreover, this action is not a final 

agency action subject to judicial review. 

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 huntingrelated expenditures on national 

wildlife refuges (NWRs) in Alaska. 

Since only a small fraction of big game 

hunters would likely have chosen to not 

hunt on NWRs because of the original 

rule, the impact is minimal. The effect 

to the local communities is far less than 

$5.9 million annually because few 

hunters use the prohibited methods and 

those hunters that do would have likely 

chosen a substitute site. 

List of Subjects 

50 CFR Part 32 

Fishing, Hunting, Reporting and 

recordkeeping requirements, Wildlife, 

Wildlife refuges. 

50 CFR Part 36 

Alaska, Recreation and recreation 

areas, Reporting and recordkeeping 

requirements, Wildlife refuges. 

Regulation Promulgation 

For the reasons set forth in the 

preamble, and under the authority of the 

Congressional Review Act (5 U.S.C. 801 

et seq.) and Public Law 115–20 (April 3, 

2017), the Service amends title 50, 

chapter I, subchapter C, of the Code of 

Federal Regulations as follows: 

PART 32—HUNTING AND FISHING 

■ 1. The authority citation for part 32 is 

revised to read as follows: 

Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 

664, 668dd–668ee, and 715i; Pub. L. 115–20, 

131 Stat. 86. 

■ 2. Amend § 32.2 by revising the last 

sentence of paragraph (h) to read as 

follows: 

§ 32.2 What are the requirements for 

hunting on areas of the National Wildlife 

Refuge System? 

* * * * * 

(h) * * * (Baiting is authorized in 

accordance with State regulations on 

national wildlife refuges in Alaska). 

* * * * * 

PART 36—ALASKA NATIONAL 

WILDLIFE REFUGES 

■ 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. 

§ 36.1 [Amended] 

■ 4. Amend § 36.1 by: 

■ a. Removing paragraph (a); and 

■ b. Redesignating paragraphs (b), (c), 

and (d) as paragraphs (a), (b), and (c), 

respectively. 

§ 36.2 [Amended] 

■ 5. Amend § 36.2 by removing the 

definitions for ‘‘Bait’’, ‘‘Big game’’, ‘‘Cub 

bear’’, ‘‘Furbearer’’, ‘‘Natural diversity’’, 

‘‘Predator control’’, ‘‘Sport hunting’’, 

and ‘‘Trapping’’. 

■ 6. Amend § 36.11 by redesignating 

paragraph (d) as paragraph (e) and 

adding a new paragraph (d) to read as 

follows: 

§ 36.11 Purpose and policy. 

* * * * * 

(d) The State of Alaska is authorized 

to regulate the taking of fish and 

wildlife for subsistence uses within 

Alaska National Wildlife Refuges to the 

extent such regulation is consistent with 

applicable Federal law, including but 

not limited to ANILCA. 

* * * * * 

■ 7. Revise § 36.13 to read as follows: 

§ 36.13 Subsistence fishing. 

Fish may be taken by local rural 

residents for subsistence uses in 

compliance with applicable State and 

Federal law. To the extent consistent 

with the provisions of this part and 

other Federal law, applicable State laws 

and regulations governing the taking of 

fish which are now or will hereafter be 

in effect are hereby incorporated by 

reference as a part of these regulations. 

■ 8. Revise § 36.14 to read as follows: 

§ 36.14 Subsistence hunting and trapping. 

Local rural residents may hunt and 

trap wildlife for subsistence uses in 

Alaska National Wildlife Refuges in 

compliance with applicable State and 

Federal laws. To the extent consistent 

with the provisions of this part and 

other Federal law, applicable State laws 

and regulations governing the taking of 

wildlife which are now or will hereafter 

be in effect are hereby incorporated by 

reference as a part of these regulations. 

■ 9. Revise the heading of subpart D to 

read as follows: 

Subpart D—Other Refuge Uses 

■ 10. Revise § 36.32 to read as follows: 

§ 36.32 Taking of fish and wildlife. 

(a) The taking of fish and wildlife for 

sport hunting, trapping, and sport 

fishing is authorized in accordance with 

applicable State and Federal law and 

such laws are hereby adopted and made 

a part of these regulations; Provided 


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Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 52011 

however, That the Refuge Manager, 

pursuant to § 36.42, may designate areas 

where, and establish periods when, no 

taking of a particular population of fish 

or wildlife shall be permitted. 

(b) The exercise of valid commercial 

fishing rights or privileges obtained 

pursuant to existing law, including any 

use of refuge areas for campsites, cabins, 

motorized vehicles, and aircraft landing 

directly incident to the exercise of such 

rights or privileges, is authorized; 

Provided, however, That the Refuge 

Manager may restrict or prohibit the 

exercise of these rights or privileges or 

uses of federally owned lands directly 

incident to such exercise if he 

determines, after conducting a public 

hearing in the affected locality, that they 

are inconsistent with the purposes of 

the refuge and that they constitute a 

significant expansion of commercial 

fishing activities within such refuge 

beyond the level of such activities in 

1979. 

(c) The following provisions shall 

apply to any person while engaged in 

the taking of fish and wildlife within an 

Alaska National Wildlife Refuge: 

(1) Trapping and sport hunting. (i) 

Each person shall secure and possess all 

required State licenses and shall comply 

with the applicable provisions of State 

law unless further restricted by Federal 

law; 

(ii) Each person shall comply with the 

applicable provisions of Federal law; 

and 

(iii) In addition to the requirements of 

paragraphs (a) and (b) of this section, 

each person shall continue to secure a 

trapping permit from the appropriate 

Refuge Manager prior to trapping on the 

Kenai, Izembek and Kodiak Refuges and 

the Aleutian Islands Unit of the Alaska 

Maritime Refuge. 

(iv) It shall be unlawful for a person 

having been airborne to use a firearm or 

any other weapon to take or assist in 

taking a wolf or wolverine until after 

3:00 a.m. on the day following the day 

in which the flying occurred, except 

that a trapper may use a firearm or any 

other weapon to dispatch a legally 

caught wolf or wolverine in a trap or 

snare on the same day in which the 

flying occurred. This prohibition does 

not apply to flights on regularly 

scheduled commercial airlines between 

regularly maintained public airports. 

(2) Sport and commercial fishing. (i) 

Each person shall secure and possess all 

required State licenses and shall comply 

with the applicable provisions of State 

law unless further restricted by Federal 

law; and 

(ii) Each person shall comply with the 

applicable provisions of Federal law. 

(d) Nothing in this section shall apply 

to the taking of fish and wildlife for 

subsistence uses. 

(e) Nothing in these rules shall be 

interpreted as waiving the requirements 

of other fish and wildlife conservation 

statutes such as the Airborne Hunting 

Act or those provisions of subchapter C 

of title 50 CFR regarding the taking of 

depredating wildlife. Animal control 

programs shall only be conducted in 

accordance with a special use permit 

issued by the Refuge Manager. 

■ 11. Amend § 36.42 by revising 

paragraphs (a), (c), (d), (e), (f), (g), and 

(h) to read as follows: 

§ 36.42 Public participation and closure 

procedures. 

(a) Authority. The Refuge Manager 

may close an area or restrict an activity 

on an emergency, temporary, or 

permanent basis. 

* * * * * 

(c) Emergency closures or restrictions. 

(1) Emergency closures or restrictions 

relating to the use of aircraft, 

snowmachines, motorboats, or nonmotorized surface transportation shall 

be made after notice and hearing; 

(2) Emergency closures or restrictions 

relating to the taking of fish and wildlife 

shall be accompanied by notice with a 

subsequent hearing; 

(3) Other emergency closures or 

restrictions shall become effective upon 

notice as prescribed in paragraph (f) of 

this section; and 

(4) No emergency closure or 

restriction shall be for a period 

exceeding 30 days. 

(d) Temporary closures or restrictions. 

(1) Temporary closures or restrictions 

relating to the use of aircraft, 

snowmachines, motorboats or nonmotorized surface transportation, or to 

the taking of fish and wildlife, shall not 

be effective prior to notice and hearing 

in the vicinity of the area(s) affected by 

such closures or restriction, and other 

locations as appropriate; 

(2) Other temporary closures shall be 

effective upon notice as prescribed in 

paragraph (f) of this section; and 

(3) Temporary closures or restrictions 

shall extend only for so long as 

necessary to achieve their purposes, and 

in no case may exceed 12 months or be 

extended beyond that time. 

(e) Permanent closures or restrictions. 

Permanent closures or restrictions shall 

be made only after notice and public 

hearings in the affected vicinity and 

other locations as appropriate, and after 

publication in the Federal Register. 

(f) Notice. Emergency, temporary, or 

permanent closures or restrictions shall 

be: 

(1) Published in at least one 

newspaper of general circulation in the 

State and in at least one local 

newspaper if available, posted at 

community post offices within the 

vicinity affected, made available for 

broadcast on local radio stations in a 

manner reasonably calculated to inform 

residents in the affected vicinity, and 

designated on a map which shall be 

available for public inspection at the 

office of the Refuge Manager and other 

places convenient to the public; or 

(2) Designated by the posting of 

appropriate signs; or 

(3) Both. 

(g) Openings. In determining whether 

to open an area to public use or activity 

otherwise prohibited, the Refuge 

Manager shall provide notice in the 

Federal Register and shall, upon 

request, hold a hearing in the affected 

vicinity and other location, as 

appropriate, prior to making a final 

determination. 

(h) Prohibitions. Except as otherwise 

specifically permitted under the 

provisions of this part, entry into closed 

areas or failure to abide by restrictions 

established under this section is 

prohibited. 

Dated: August 30, 2017. 

Todd Willens, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2017–24324 Filed 11–8–17; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 679 and 680 

[Docket No. 170412391–7999–02] 

RIN 0648–BG84 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands Management Area; 

American Fisheries Act; Bering Sea 

and Aleutian Islands Crab 

Rationalization Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement Amendment 48 to the 

Fishery Management Plan for Bering 

Sea/Aleutian Islands King and Tanner 

Crabs (Crab FMP) and to revise 

regulations implementing the American 

Fisheries Act (AFA) Program and the 


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