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Legal Status

Rule

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

A Rule by the Fish and Wildlife Service on 07/20/2016

Document Details
Published Content - Document Details

Agencies

Department of the Interior

Fish and Wildlife Service

Agency/Docket Numbers

Docket No. FWS-R2-ES-2016-0028

4500030113

CFR

50 CFR 17

Document Citation

81 FR 47047

Document Number

2016-17149

Document Type

Rule

Pages

47047-47048 (2 pages)

Publication Date

07/20/2016

RIN

1018-BB67

Published Content - Document Details

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Official Content
Document Details
Published Content - Document Details

Agencies

Department of the Interior

Fish and Wildlife Service

Agency/Docket Numbers

Docket No. FWS-R2-ES-2016-0028

4500030113

CFR

50 CFR 17

Document Citation

81 FR 47047

Document Number

2016-17149

Document Type

Rule

Pages

47047-47048 (2 pages)

Publication Date

07/20/2016

RIN

1018-BB67

Published Content - Document Details
Document Dates
Published Content - Document Dates

Effective Date

2016-07-20

Dates Text

This rule is effective July 20, 2016.

Published Content - Document Dates
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4500030113 (388 Documents)
Date		Action	Title
	07/20/2016	Final rule.	Endangered and Threatened Wildlife and Plants; Lesser Prairie-Chicken Removed From the List of Endangered and Threatened Wildlife
	10/13/2015	Proposed rule.	Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Five Species From American Samoa
	10/08/2015	Proposed rule.	Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Kentucky Arrow Darter
	10/08/2015	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Sierra Nevada Red Fox as an Endangered or Threatened Species
	10/08/2015	Proposed rule.	Endangered and Threatened Wildlife and Plants; Threatened Species Status for Kentucky Arrow Darter With 4(d) Rule
	10/08/2015	Notice of 12-month petition findings.	Endangered and Threatened Wildlife and Plants; 12-Month Findings on Petitions To List 19 Species as Endangered or Threatened Species
	10/07/2015	Proposed rule.	Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Headwater Chub and a Distinct Population Segment of the Roundtail Chub
	10/06/2015	Final rule.	Endangered and Threatened Wildlife and Plants; Endangered Species Status for Trichomanes punctatum ssp. floridanum (Florida Bristle Fern)
	10/06/2015	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Sonoran Desert Tortoise as an Endangered or Threatened Species
	10/06/2015	Proposed rule; 12-month finding and status review.	Endangered and Threatened Wildlife and Plants; Proposed Threatened Species Status for the Suwannee Moccasinshell
	10/06/2015	Final rule.	Endangered and Threatened Wildlife and Plants; Threatened Species Status for Black Pinesnake With 4(d) Rule
	10/01/2015	Final rule.	Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Dakota Skipper and Poweshiek Skipperling
	10/01/2015	Final rule.	Endangered and Threatened Wildlife and Plants; Endangered Status for 16 Species and Threatened Status for 7 Species in Micronesia
	09/30/2015	Proposed rule.	Endangered and Threatened Wildlife and Plants; Endangered Status for 49 Species From the Hawaiian Islands
	09/30/2015	Proposed rule.	Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Elfin-woods Warbler
	09/30/2015	Proposed rule.	Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Eastern Massasauga Rattlesnake
	09/15/2015	Proposed rule.	Endangered and Threatened Wildlife and Plants; Threatened Species Status for Platanthera integrilabia (White Fringeless Orchid)
	09/15/2015	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the New England Cottontail as an Endangered or Threatened Species
	08/27/2015	Notice; request for comments.	Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Policy for Evaluation of Conservation Efforts When Making Listing Decisions (PECE)
	08/11/2015	Final rule.	Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Diplacus vandenbergensis (Vandenberg Monkeyflower)
	08/07/2015	Final rule.	Endangered and Threatened Wildlife and Plants; 4(d) Rule for the Georgetown Salamander
	07/17/2015	Proposed rule; extension of the comment period.	Endangered and Threatened Wildlife and Plants; Revisions to the Regulations for Petitions
	06/23/2015	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List Leona's Little Blue Butterfly as Endangered or Threatened
	06/19/2015	Notice; request for comments.	Proposed Information Collection; Policy for Evaluation of Conservation Efforts When Making Listing Decisions (PECE)
	06/10/2015	Proposed rule; reopening of comment period.	Endangered and Threatened Wildlife and Plants; Designating Critical Habitat on Molokai, Lanai, Maui, and Kahoolawe for 135 Species
	05/21/2015	Proposed rule.	Endangered and Threatened Wildlife and Plants; Revisions to the Regulations for Petitions
	04/23/2015	Proposed rule; withdrawal.	Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rule To List the Bi-State Distinct Population Segment of Greater Sage-Grouse and Designate Critical Habitat
	04/14/2015	Proposed rule; reopening of comment period.	Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Zuni Bluehead Sucker
	04/14/2015	Proposed rule; reopening of the comment period.	Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination on the Proposed Threatened Status for the West Coast Distinct Population Segment of Fisher
	04/09/2015	Revised proposed rule.	Endangered and Threatened Wildlife and Plants; 4(d) Rule for the Georgetown Salamander
	04/07/2015	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Humboldt Marten as an Endangered or Threatened Species
	04/07/2015	Proposed rule; 12-month finding and status review.	Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Big Sandy Crayfish and the Guyandotte River Crayfish
	04/02/2015	Final rule, and interim rule with request for comments.	Endangered and Threatened Wildlife and Plants; Threatened Species Status for the Northern Long-Eared Bat With 4(d) Rule
	03/10/2015	Final rule.	Endangered and Threatened Wildlife and Plants; Taxonomy of the Hawaiian Monk Seal
	02/13/2015	Proposed rule; reopening of comment period.	Endangered and Threatened Wildlife and Plants; Remove the Modoc Sucker From the Federal List of Endangered and Threatened Wildlife
	02/03/2015	Notice of petition finding; correction.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Island Marble Butterfly as an Endangered Species; Correction
	01/30/2015	Proposed rule; correction.	Endangered and Threatened Wildlife and Plants; Listing the Northern Long-Eared Bat With a Rule Under Section 4(d) of the Act; Correction
	01/26/2015	Final rule.	Endangered and Threatened Wildlife and Plants; Adding Five Species of Sawfish to the List of Endangered and Threatened Wildlife
	01/16/2015	Proposed rule and reopening of comment period.	Endangered and Threatened Wildlife and Plants; Listing the Northern Long-Eared Bat With a Rule Under Section 4(d) of the Act
	01/12/2015	Proposed rule; reopening of public comment period and notice of public hearings.	Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for 21 Species and Proposed Threatened Status for 2 Species in Guam and the Commonwealth of the Northern Mariana Islands
	12/31/2014	Notice of petition findings and initiation of status reviews.	Endangered and Threatened Wildlife and Plants; 90-Day Findings on Two Petitions
	12/23/2014	Proposed rule; extension of comment period.	Endangered and Threatened Wildlife and Plants; Threatened Species Status for West Coast Distinct Population Segment of Fisher
	03/29/2013	Proposed rule; reopening of comment period and availability of draft economic analysis.	Endangered and Threatened Wildlife and Plants; Endangered Status for the Diamond Darter and Designation of Critical Habitat
	03/28/2013	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Rosemont Talussnail as Endangered or Threatened
	03/28/2013	Proposed rule; reopening of comment period.	Endangered and Threatened Wildlife and Plants; Listing as Endangered and Designation of Critical Habitat for Acuña Cactus and the Fickeisen Plains Cactus
	03/28/2013	Proposed rule; reopening of comment period.	Endangered and Threatened Wildlife and Plants; Listing as Endangered and Designation of Critical Habitat for the Gierisch Mallow
	03/19/2013	Notice of initiation of status review.	Endangered and Threatened Wildlife and Plants; Status Review of the West Coast Distinct Population Segment of the Fisher as Endangered or Threatened
	03/13/2013	Proposed rule; extension of comment period.	Endangered and Threatened Wildlife and Plants; Endangered Status and Critical Habitat Designation for Gunnison Sage-Grouse
	02/20/2013	Final rule; availability of environmental assessment and Finding of No Significant Impact.	Endangered and Threatened Wildlife and Plants; Special Rule for the Polar Bear Under Section 4(d) of the Endangered Species Act
	02/05/2013	Proposed rule; reopening of comment period.	Endangered and Threatened Wildlife and Plants; Listing as Endangered and Designation of Critical Habitat for Six West Texas Aquatic Invertebrate Species
	01/31/2013	Proposed rule; reopening of comment period.	Endangered and Threatened Wildlife and Plants; Listing 38 Species on Molokai, Lanai, and Maui as Endangered and Designating Critical Habitat on Molokai, Lanai, Maui, and Kahoolawe for 135 Species
	01/25/2013	Proposed rule.	Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Zuni Bluehead Sucker
	01/11/2013	Proposed rule.	Endangered and Threatened Wildlife and Plants; Endangered Status for Gunnison Sage-Grouse
	12/11/2012	Proposed rule.	Endangered and Threatened Wildlife and Plants; Listing Four Subspecies of Mazama Pocket Gopher and Designation of Critical Habitat
	12/04/2012	Notice of 90-day petition finding and initiation of status review.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Prairie Gray Fox, the Plains Spotted Skunk, and a Distinct Population Segment of the Mearn's Eastern Cottontail in East-Central Illinois and Western Indiana as Endangered or Threatened Species
	12/04/2012	Notice of 90-day petition finding.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List Phoenix dactylifera `Sphinx' (Sphinx Date Palm)
	11/14/2012	Notice of petition finding and initiation of status review.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List the Heller Cave Springtail as Endangered or Threatened
	10/16/2012	Proposed rule.	Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Neosho Mucket, Threatened Status for the Rabbitsfoot, and Designation of Critical Habitat for Both Species
	10/11/2012	Proposed rule.	Endangered and Threatened Wildlife and Plants; Endangered Species Status for Cape Sable Thoroughwort, Florida Semaphore Cactus, and Aboriginal Prickly-Apple, and Designation of Critical Habitat for Cape Sable Thoroughwort
	10/11/2012	Proposed rule.	Endangered and Threatened Wildlife and Plants; Listing Taylor's Checkerspot Butterfly and Streaked Horned Lark and Designation of Critical Habitat
	10/10/2012	Final rule.	Endangered and Threatened Wildlife and Plants; Determination of Endangered Species Status for the Alabama Pearlshell, Round Ebonyshell, Southern Kidneyshell, and Choctaw Bean, and Threatened Species Status for the Tapered Pigtoe, Narrow Pigtoe, Southern Sandshell, and Fuzzy Pigtoe, and Designation of Critical Habitat
	10/04/2012	Proposed rule.	Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Fluted Kidneyshell and Slabside Pearlymussel and Designation of Critical Habitat
	10/04/2012	Proposed rule; request for public comments.	Endangered and Threatened Wildlife and Plants; Proposed Endangered Species Status for the Florida Bonneted Bat
	10/03/2012	Proposed rule; 12-month finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding for the Lemmon Fleabane; Endangered Status for the Acuña Cactus and the Fickeisen Plains Cactus and Designation of Critical Habitat
	10/02/2012	12-Month finding; proposed rule.	Endangered and Threatened Wildlife and Plants; 12-Month Petition Finding, Listing of the Spring Pygmy Sunfish as Threatened, and Designation of Critical Habitat
	09/27/2012	Proposed rule.	Endangered and Threatened Wildlife and Plants; Endangered Status for Grotto Sculpin and Designation of Critical Habitat
	09/27/2012	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Spring Mountains Acastus Checkerspot Butterfly as an Endangered or Threatened Species
	09/11/2012	Proposed rule.	Endangered and Threatened Wildlife and Plants; Determination of Status for Texas Golden Gladecress and Neches River Rose-mallow and Designation of Critical Habitat
	09/05/2012	Final rule.	Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Arctostaphylos franciscana (Franciscan manzanita) Throughout Its Range
	09/04/2012	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Four Subspecies of Great Basin Butterflies as Endangered or Threatened Species
	09/04/2012	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Mardon Skipper as Threatened or Endangered
	08/30/2012	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Platte River Caddisfly as Endangered or Threatened
	08/29/2012	Notice of petition finding and initiation of status review.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List Mimulus gemmiparus (Rocky Mountain Monkeyflower) as Endangered or Threatened and To Designate Critical Habitat
	08/29/2012	Notice of 90-day petition finding.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Prince of Wales Flying Squirrel as Threatened or Endangered
	08/28/2012	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Bay Skipper as Endangered or Threatened
	08/17/2012	Proposed rule.	Endangered and Threatened Wildlife and Plants; Determination of Status for the Gierisch Mallow and Designation of Critical Habitat
	08/16/2012	Proposed rule.	Endangered and Threatened Wildlife and Plants; Endangered Status for Six West Texas Aquatic Invertebrate Species and Designation of Critical Habitat
	08/15/2012	Notice of petition finding and initiation of status review.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Bicknell's Thrush (Catharus bicknelli) as Endangered or Threatened
	08/09/2012	Proposed rule; extension of comment period.	Endangered and Threatened Wildlife and Plants; Listing 38 Species on Molokai, Lanai, and Maui as Endangered and Designating Critical Habitat on Molokai, Lanai, Maui, and Kahoolawe for 135 Species
	08/08/2012	Notice of petition finding and initiation of status review.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List Graptopetalum bartramii (Bartram Stonecrop) and Pectis imberbis (Beardless Chinch Weed) as Endangered or Threatened and Designate Critical Habitat
	08/07/2012	Notice of petition finding and initiation of status review.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on Petitions To List the Two Spring Mountains Dark Blue Butterflies and Morand's Checkerspot Butterfly as Endangered or Threatened
	07/26/2012	Notice of petition finding and initiation of status review.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Gila Mayfly as Endangered
	07/26/2012	Proposed rule.	Endangered and Threatened Wildlife and Plants; Endangered Status for the Diamond Darter and Designation of Critical Habitat
	07/24/2012	Notice of petition finding and initiation of status review.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Sonoran Talussnail as Endangered or Threatened
	07/18/2012	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Six Sand Dune Beetles as Endangered or Threatened
	07/12/2012	Final rule.	Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the Chupadera Springsnail and Designation of Critical Habitat
	07/05/2012	Notice of 90-day petition finding.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List a Distinct Population Segment of the American Black Bear in Nevada as Endangered or Threatened
	07/05/2012	Notice of 90-day petition finding.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List Maytenus cymosa as Endangered or Threatened
	06/21/2012	Notice of petition finding and initiation of status review.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List the Black-Capped Petrel as Endangered or Threatened
	06/19/2012	Proposed rule; withdrawal.	Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rule To List Dunes Sagebrush Lizard
	05/01/2012	Notice of 12-month petition finding.	Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Sonoran Desert Area Bald Eagle as Threatened or Endangered
	04/19/2012	Proposed rule; availability of draft environmental assessment.	Endangered and Threatened Wildlife and Plants; Special Rule for the Polar Bear
	04/12/2012	Notice of petition finding and initiation of status review.	Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Eastern or Southern Rocky Mountain Population of the Boreal Toad as an Endangered or Threatened Distinct Population Segment
	04/06/2012	Final rule.	Endangered and Threatened Wildlife and Plants; Listing of the Miami Blue Butterfly as Endangered Throughout Its Range; Listing of the Cassius Blue, Ceraunus Blue, and Nickerbean Blue Butterflies as Threatened Due to Similarity of Appearance to the Miami Blue Butterfly in Coastal South and Central Florida
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This PDF is FR Doc. 2016-17149 as it appeared on Public Inspection on 07/19/2016 at 8:45 am.

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Published Document: 2016-17149 (81 FR 47047)

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Department of the Interior

Fish and Wildlife Service

50 CFR Part 17
[Docket No. FWS-R2-ES-2016-0028; 4500030113]
RIN 1018-BB67

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

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.

§ 17.11

[Amended]

2. Amend § 17.11(h) by removing the entry for “Prairie-chicken, lesser” from the List of Endangered and Threatened Wildlife.

( printed page 47048)

§ 17.41

[Amended]

3. Amend § 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]

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