[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Rules and Regulations]
[Pages 41177-41178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18414]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 13
[Docket No. FWS-R9-MB-2011-0094; FF09M20300-167-FXMB123109EAGLE]
RIN 1018-AY30
Eagle Permits; Revisions to Regulations for Eagle Incidental Take
and Take of Eagle Nests; Correction
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Correcting amendments.
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SUMMARY: We, the U.S. Fish and Wildlife Service, published a final rule
to revise our regulations regarding permits that we issue for certain
activities involving eagles. In that final rule, we revised the permit
application fees for certain eagle permits. These permits are included
in a table of permit application fees for numerous Service programs.
Because of a formatting error in the rule, the revisions to the fee
table were not incorporated into the Code of Federal Regulations (CFR)
as intended. With this document, we correct the formatting error to
properly reflect current application fees for eagle permits in the CFR
and also remove two entries in the fee table pertaining to permits that
no longer exist. This rule is purely an administrative action and does
not affect the provisions of the original rule in any substantive way.
DATES: This correction is effective August 30, 2017.
FOR FURTHER INFORMATION CONTACT: Susan Wilkinson, Division of Policy,
Performance, and Management Programs; 703-358-2506.
SUPPLEMENTARY INFORMATION:
Background
On December 16, 2016, the U.S. Fish and Wildlife Service published
a final rule (81 FR 91494) to revise the regulations in title 50 of the
Code of Federal Regulations (CFR) authorizing certain activities
involving eagles. These regulations are in parts 13 and 22 of title 50.
While the majority of the changes in the rule were to the regulations
in part 22, we also revised application fees associated with some part
22 eagle permits and the administration fee for eagle permits over 5
years and incorporated those changes into the permit fee table at 50
CFR 13.11(d)(4), which sets forth user fees for permits issued by
several Service programs.
The amendatory instruction that published in that final rule to
revise the table in 50 CFR 13.11(d)(4) would have reduced the number of
columns in the table from five to four. Because one column (the
``Administration fee'' column) had an entry for only one type of
permit, we intended to remove that column and insert the information
regarding the administration fee for that permit as a footnote to the
table. While the Office of the Federal Register (OFR) allowed the final
rule to be published with that instruction, upon reviewing the rule for
codification into the Code of Federal Regulations, OFR decided that the
amendatory instruction removing the Administration fee column was
inappropriate. Instead of revising the table as we intended, OFR left
the table unchanged and instead included this footnote to the table in
50 CFR 13.11(d)(4): ``Editorial Note: At 81 FR 91549, Dec. 16, 2016,
Sec. 13.11 was amended; however, the amendment could not be
incorporated due to inaccurate amendatory instruction.''
This rule corrects the amendatory instruction in the December 16,
2016, final rule (81 FR 91494), so that the CFR properly incorporates
all the revisions made by that rule.
We are also taking this opportunity to correct two longstanding
errors in the table at Sec. 13.11(d)(4). In the section ``Migratory
Bird Treaty Act'' is an entry for ``Falconry,'' and in the section
``Bald and Golden Eagle Protection Act'' is an entry for ``Eagle
falconry.'' We are removing both of these entries from the table as
they remain there in error: They should have been removed via a former
rulemaking action. On October 8, 2008, we published a final rule (73 FR
59448) that revised the regulations pertaining to falconry. In that
rule, we stated that Federal permitting for falconry would cease as of
January 1, 2014, and, as of that date, States, territories, and Tribes
would be responsible for issuing falconry permits. The rule revised
pertinent sections of 50 CFR parts 21 and 22 but failed to make the
necessary corresponding changes to the fee table in part 13.
Accordingly, since we no longer issue Federal permits for falconry, we
hereby remove two entries regarding application fees for falconry
permits from the table in Sec. 13.11(d)(4).
Authority: We issue this final rule under the authority of the
Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d).
List of Subjects in 50 CFR Part 13
Administrative practice and procedure, Exports, Fish, Imports,
Plants, Reporting and recordkeeping requirements, Transportation,
Wildlife.
Regulation Promulgation
For the reasons described in the preamble, we hereby amend
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 13--GENERAL PERMIT PROCEDURES
0
1. The authority citation for part 13 continues to read as follows:
Authority: 16 U.S.C. 668a, 704, 712, 742j-l, 1374(g), 1382,
1538(d), 1539, 1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C.
1202; 31 U.S.C. 9701.
0
2. Amend the table in Sec. 13.11(d)(4) by:
0
a. Removing the entry ``Falconry'' under the section ``Migratory Bird
Treaty Act''; and
0
b. Revising the section ``Bald and Golden Eagle Protection Act'' and
footnote 1 to read as follows:
Sec. 13.11 Application procedures.
* * * * *
(d) * * *
(4) * * *
[[Page 41178]]
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Permit application Administration
Type of permit CFR citation fee fee \1\ Amendment fee
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Bald and Golden Eagle Protection Act
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Eagle Scientific Collecting....... 50 CFR part 22....... 100.................. .............. 50
Eagle Exhibition.................. 50 CFR part 22....... 75................... .............. ..............
Eagle--Native American Religion... 50 CFR part 22....... No fee............... .............. ..............
Eagle Take permits--Depredation 50 CFR part 22....... 100.................. .............. ..............
and Protection of Health and
Safety.
Golden Eagle Nest Take............ 50 CFR part 22....... 100.................. .............. 50
Eagle Transport--Scientific or 50 CFR part 22....... 75................... .............. ..............
Exhibition.
Eagle Transport--Native American 50 CFR part 22....... No fee............... .............. ..............
Religious Purposes.
Eagle Incidental Take--Up to 5 50 CFR part 22....... 2,500................ .............. 500
years, Commercial.
Eagle Incidental Take--Non- 50 CFR part 22....... 500.................. .............. 150
commercial.
Eagle Incidental Take--5-30 years. 50 CFR part 22....... 36,000............... \1\ 8,000 ..............
Eagle Incidental Take--Transfer of 50 CFR part 22....... 1,000................ .............. ..............
a permit.
Eagle Nest Take--Single nest, 50 CFR part 22....... 2,500................ .............. 500
Commercial.
Eagle Nest Take--Single nest, Non- 50 CFR part 22....... 500.................. .............. 150
commercial.
Eagle Nest Take--Multiple nests... 50 CFR part 22....... 5,000................ .............. 500
Eagle Take--Exempted under ESA.... 50 CFR part 22....... No fee............... .............. ..............
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\1\ An additional Administration Fee of $8,000 will be assessed every 5 years for permits with durations longer
than 5 years for permit review.
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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]
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