81 FR 47047 - Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken Removed From the List of Endangered and Threatened Wildlife

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 139 (July 20, 2016)

We, the U.S. Fish and Wildlife Service, are issuing a final rule to comply with a court order that vacated the final rule listing the lesser prairie-chicken (Tympanuchus pallidicinctus) as a threatened species under the Endangered Species Act of 1973, as amended (Act). This final rule amends our regulations by removing the lesser prairie- chicken from the Federal List of Endangered and Threatened Wildlife and by removing the rule issued under section 4(d) of the Act for the lesser prairie-chicken.

[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47047-47048]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17149]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2016-0028; 4500030113]
RIN 1018-BB67


Endangered and Threatened Wildlife and Plants; Lesser Prairie-
Chicken Removed From the List of Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, are issuing a final 
rule to comply with a court order that vacated the final rule listing 
the lesser prairie-chicken (Tympanuchus pallidicinctus) as a threatened 
species under the Endangered Species Act of 1973, as amended (Act). 
This final rule amends our regulations by removing the lesser prairie-
chicken from the Federal List of Endangered and Threatened Wildlife and 
by removing the rule issued under section 4(d) of the Act for the 
lesser prairie-chicken.

DATES: This rule is effective July 20, 2016.

FOR FURTHER INFORMATION CONTACT: Debra Bills, Field Supervisor, 
Arlington Ecological Services Field Office, 2005 NE. Green Oaks Blvd., 
Suite 140, Arlington, TX 76006; by telephone 817-277-1100; or by 
facsimile 817-277-1129. Persons who use a telecommunications device for 
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 
800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    On April 10, 2014, we published in the Federal Register a final 
rule (79 FR 19974) listing the lesser prairie-chicken (Tympanuchus 
pallidicinctus) as a threatened species under the Act (16 U.S.C. 1531 
et seq.) in part 17 of title 50 of the Code of Federal Regulations (50 
CFR 17.11(h)). On the same day, we published a final rule under section 
4(d) of the Act (``4(d) rule'') for the lesser prairie-chicken (79 FR 
20074) at 50 CFR 17.41(d). Please see the April 10, 2014, final listing 
rule for a complete discussion of previous Federal actions.
    On June 9, 2014, the Permian Basin Petroleum Association; Chaves 
County, New Mexico; Roosevelt County, New Mexico; Eddy County, New 
Mexico; and Lea County, New Mexico (plaintiffs) filed a lawsuit 
challenging the Service's final rule to list the lesser prairie-chicken 
as a threatened species under the Act. On September 1, 2015, the U.S. 
District Court for the District of West Texas issued an order vacating 
the final listing rule for the lesser prairie-chicken. By invalidating 
the rule listing the species, the court decision also had the effect of 
invalidating the 4(d) rule.

Administrative Procedure

    This rulemaking is necessary to comply with the September 1, 2015, 
court order. Therefore, under these circumstances, the Director has 
determined, pursuant to 5 U.S.C. 553(b)(3)(B), that prior notice and 
opportunity for public comment are unnecessary. Because the court order 
had legal effect immediately upon being filed on September 1, 2015, the 
Director has further determined, pursuant to 5 U.S.C. 553(d)(3), that 
the agency has good cause to make this rule effective immediately upon 
publication.

Effects of the Rule

    This rule is an administrative action to remove the lesser prairie-
chicken from the Federal List of Endangered and Threatened Wildlife at 
50 CFR 17.11(h) to reflect the court's order to vacate the final rule 
listing this species. Consequently, this rule also removes the 
regulations specific to the lesser prairie-chicken at 50 CFR 17.41(d).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    Accordingly, for the reasons given in the preamble, we amend part 
17, subchapter B of chapter I, title 50 of the Code of Federal 
Regulations, as set forth below.

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, 
unless otherwise noted.


Sec.  17.11  [Amended]

0
2. Amend Sec.  17.11(h) by removing the entry for ``Prairie-chicken, 
lesser'' from the List of Endangered and Threatened Wildlife.

[[Page 47048]]

Sec.  17.41  [Amended]

0
3. Amend Sec.  17.41 by removing and reserving paragraph (d).

    Dated: July 7, 2016.
 Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-17149 Filed 7-19-16; 8:45 am]
 BILLING CODE 4333-15-P