[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Rules and Regulations]
[Pages 38570-38572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15525]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2012-0042; FF09E21000 FXES11110900000 212]
RIN 1018-AX13
Endangered and Threatened Wildlife and Plants; Revision of the
Critical Habitat Designation for the Jaguar in Compliance With a Court
Order
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing
this final rule to comply with a court order to vacate Unit 6 and the
New Mexico portion of Unit 5 from the March 5, 2014, final rule
designating approximately 764,207 acres (309,263 hectares) of land in
New Mexico and Arizona as critical habitat for the jaguar (Panthera
onca) under the Endangered Species Act of 1973, as amended (Act). In
compliance with the court order, this final rule removes approximately
110,438 acres (44,693 hectares) of land within New Mexico from the
designation of critical habitat for the jaguar.
DATES: This rule is effective July 22, 2021. However, the court order
had legal effect immediately upon being filed on January 27, 2021.
FOR FURTHER INFORMATION CONTACT: U.S. Fish and Wildlife Service, Attn:
Jeff Humphrey, at 9828 North 31st Avenue #C3, Phoenix, Arizona 85051,
by telephone at 602-242-0210, or by email at incomingazcorr@fws.gov.
Persons who use a telecommunications device for the deaf (TDD) may call
the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2014, we published in the Federal Register a final rule
(79 FR 12572) designating approximately 764,207 acres (309,263
hectares) of land in New Mexico and Arizona as critical habitat for the
jaguar under the Act (16 U.S.C. 1531 et seq.). The jaguar's critical
habitat designation is set forth in our regulations in title 50 of the
Code of Federal Regulations (CFR) at Sec. 17.95(a) (50 CFR 17.95(a)).
Please see the March 5, 2014, final rule for a complete discussion of
previous Federal actions.
On May 20, 2015, the New Mexico Farm & Livestock Bureau, New Mexico
Cattlegrowers' Association, and New Mexico Federal Lands Council filed
a lawsuit challenging the March 5, 2014, final rule's designation of
Unit 6 and the portions of Unit 5 in New Mexico, and seeking
declaratory judgment and injunctive relief. On October 25, 2017, the
district court denied plaintiffs' petition for injunctive relief and
affirmed the Service's decision.
On January 7, 2019, plaintiffs appealed the district court decision
to the U.S. Court of Appeals for the Tenth Circuit. On March 17, 2020,
the appellate court reversed the decision of the district court and
remanded the relevant portions of the jaguar critical habitat rule for
proceedings consistent with its decision. See New Mexico Farm &
Livestock Bureau, New Mexico Cattlegrowers' Association, and New Mexico
Federal Lands Council v. United States Department of the Interior, 952
F.3d 1216 (March 17, 2020). Upon remand, on January 27, 2021, the
district court ordered the Service to vacate the March 5, 2014, final
rule's designation of Unit 6 and the New Mexico portion of Unit 5. This
rule implements the January 27, 2021, order of the district court.
[[Page 38571]]
Administrative Procedure
This rulemaking is necessary to comply with the January 27, 2021,
court order. Therefore, under these circumstances, the Service Director
(Director) has determined, pursuant to 5 U.S.C. 553(b)(3)(B), that
prior notice and opportunity for public comment are impracticable and
unnecessary. Because the court order had legal effect immediately upon
being filed on January 27, 2021, 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 approximately
110,438 acres (44,693 hectares) of land within New Mexico from the
jaguar's critical habitat designation at 50 CFR 17.95(a).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Amendment
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.
0
2. Amend Sec. 17.95, in paragraph (a), in the entry for ``Jaguar
(Panthera onca),'' by:
0
a. Removing the words ``and Hidalgo County, New Mexico,'' in paragraph
(1); and
0
b. Revising paragraphs (5) and (7).
The revisions read as follows:
Sec. 17.95 Critical habitat--fish and wildlife.
(a) * * *
Jaguar (Panthera onca)
* * * * *
(5) Note: Index map follows:
[GRAPHIC] [TIFF OMITTED] TR22JY21.021
* * * * *
(7) Unit 5: Peloncillo Unit, Cochise County, Arizona. Map of Unit 5
follows:
[[Page 38572]]
[GRAPHIC] [TIFF OMITTED] TR22JY21.022
* * * * *
Martha Williams,
Principal Deputy Director Exercising the Delegated Authority of the
Director U.S. Fish and Wildlife Service.
[FR Doc. 2021-15525 Filed 7-21-21; 8:45 am]
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