[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 <a href="/cdn-cgi/l/email-protection#dcb5b2bfb3b1b5b2bbbda6bfb3aeae9cbaabaff2bbb3aa"><span class="__cf_email__" data-cfemail="e58c8b868a888c8b82849f868a9797a5839296cb828a93">[email protected]</span></a>. 
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]
BILLING CODE 4333-15-P


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