Endangered and Threatened Wildlife and Plants; Reinstatement of Listing Protections for the Preble's Meadow Jumping Mouse, 47490-47491 [2011-19895]
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Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Rules and Regulations
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket ID FWS–R6–ES–2011–0062; 92220–
1113–0000; ABC Code: C6]
RIN 1018–AX93
Endangered and Threatened Wildlife
and Plants; Reinstatement of Listing
Protections for the Preble’s Meadow
Jumping Mouse
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are issuing
this final rule to comply with a court
order that vacates our most recent rule
and reinstates the regulatory protections
under the Endangered Species Act of
1973, as amended (Act), for the Preble’s
meadow jumping mouse (Zapus
hudsonius preblei) (Preble’s) in
Wyoming. The United States District
Court for the District of Colorado, by
order dated July 7, 2011, vacated and
remanded the 2008 Final Rule to
Amend the Listing for the Preble’s
Meadow Jumping Mouse To Specify
Over What Portion of Its Range the
Subspecies is Threatened (2008
Amended Listing Decision) and
reinstated the 1998 Final Rule Listing
the Preble’s Meadow Jumping Mouse as
Threatened Throughout Its Range,
effective August 6, 2011. This rule
reinstates the listing of Preble’s in
Wyoming. It also reinstates the special
rule that exempts activities related to
rodent control, ongoing agricultural
activities, landscape maintenance,
existing uses of water, noxious weed
control, and ongoing ditch maintenance
activities from the take provisions of the
Act throughout the entire range of the
Preble’s.
DATES: This action is effective August 6,
2011.
ADDRESSES: This final rule and the U.S.
District Court decision is available on
the Internet at https://
www.regulations.gov at Docket No.
FWS–R6–ES–2011–0062.
FOR FURTHER INFORMATION CONTACT:
Susan Linner, Field Supervisor, U.S.
Fish and Wildlife Service, Colorado
Ecological Services Office, 134 Union
Boulevard, Suite 670, Lakewood, CO
80225; telephone: 303–236–4773;
facsimile: 303–236–4005. Individuals
who are hearing-impaired or speechimpaired may call the Federal Relay
Service at (800) 877–8337 for TTY.
SUPPLEMENTARY INFORMATION:
erowe on DSKG8SOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:55 Aug 04, 2011
Jkt 223001
Background
On July 10, 2008, we published a final
rule amending the listing determination
for the Preble’s to remove protections
for the mouse in Wyoming (73 FR
39790). In that rule, we determined that
the Preble’s was not threatened
throughout all of its range, but the
portion of its range located in Colorado
represented a significant portion of the
range where the Preble’s should retain
its threatened status. The 2008
Amended Listing Decision relied on a
March 2007 Memorandum Opinion
from the Department of the Interior’s
Office of the Solicitor (Opinion M–
37013) and applied Opinion M–37013’s
interpretation of the Act’s term
‘‘significant portion of the range’’ (SPR)
to determine that a difference in status
was warranted between the Wyoming
and Colorado portions of the range.
On June 23, 2009, a petition for
review of the 2008 amended listing
decision was filed in the United States
District Court for the District of
Colorado. Petitioners challenged, among
other things, our interpretation of SPR
as applied to the Preble’s decision. In
the time since that lawsuit was filed,
two courts vacated final listing
decisions that relied on the same
statutory interpretation contained in
Opinion M–37013 and applied in the
Preble’s 2008 Amended Listing
Decision. On May 4, 2011, after careful
review of the statutory interpretation
contained in Opinion M–37013 and
those two court decisions, the Solicitor
of the Department of the Interior issued
a memorandum (‘‘M–37024’’)
withdrawing Opinion M–37013, and the
Service announced its intent to propose
in the near future, for notice and
comment, a joint policy with the
National Marine Fisheries Service
(‘‘NMFS’’) regarding the interpretation
and implementation of the Act’s
statutory phrase ‘‘in danger of extinction
throughout all or a significant portion of
its range’’ (‘‘SPR Language’’). This
announcement is available at: https://
www.fws.gov/home/feature/2011/pdf/
Wolf_Actions_FAQs.pdf.
The Service determined it necessary
to reconsider the Preble’s status in light
of recent court decisions and the
subsequent withdrawal of Opinion M–
37013. Accordingly, the Service filed a
motion for voluntary remand and
vacatur of the Preble’s 2008 Amended
Listing Decision, and requested that the
special rule promulgated pursuant to
Section 4(d) of the Act and published in
the Federal Register in 2001 (66 FR
28125, May 22, 2001), amended in 2002
(67 FR 61531, October 1, 2002), and
extended indefinitely in 2004 (69 FR
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
29101, May 20, 2004), be reinstated
throughout the species’ range. On July 7,
2011, the United States District Court
for the District of Colorado granted this
motion and ordered the 2008 Amended
Listing Decision vacated as of August 6,
2011 (Center for Native Ecosystems, et
al. v. Salazar, et al., 09–cv–01463–AP–
JLK, 2011 U.S. Dist. LEXIS 72664 (D.
Colo. July 7, 2011).
This court ruling reinstates the 1998
Final Rule listing the Preble’s as
threatened throughout its range (63 FR
26517), effective August 6, 2011.
Accordingly, Federal protections that
were in place prior to our 2008
Amended Listing Decision are
reinstated for the Preble’s in Wyoming.
Further, the special rule promulgated
pursuant to section 4(d) of the Act and
published in the Federal Register in
2001, amended in 2002, and extended
indefinitely in 2004, is reinstated
throughout the species’ range (50 CFR
17.40(l)). The Service must complete its
status review of the Preble’s and publish
a 12-month finding in the Federal
Register for two petitions submitted by
the State of Wyoming and Coloradans
for Water Conservation and
Development to delist the Preble’s by
the sooner of either 12 months after its
formulation of the new joint policy with
NMFS interpreting ‘‘significant portion
of its range’’ language or June 1, 2013.
We published a statement on our Web
site to notify the public of the ruling and
its impact shortly after the order was
released. We intend to notify the public
again when this notice is published to
ensure awareness of the ruling.
Administrative Procedure
This rulemaking is necessary to
comply with the July 7, 2011, 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
impractical and unnecessary. 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 August 6, 2011.
Effects of the Rule
As of August 6, 2011, the Preble’s is
again listed as threatened in Wyoming
(50 CFR 17.11(h)) and the section 4(d)
rule is reinstated throughout the
species’ range (50 CFR 17.40(l)). Please
see the above-cited Federal Register
publications for more detailed
information regarding the Preble’s
listing and the special rule.
This rule will not affect the status of
the Preble’s under State laws or suspend
E:\FR\FM\05AUR1.SGM
05AUR1
47491
Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Rules and Regulations
any other legal protections provided by
State law.
Lists of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal
Regulations, as set forth below.
PART 17—[AMENDED]
§ 17.11 Endangered and threatened
wildlife.
1. The authority citation for part 17
continues to read as follows:
■
Regulation Promulgation
Accordingly, in order to comply with
the court orders discussed above, we
*
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
Species
Historic range
Common name
2. Amend § 17.11 by revising the entry
in the table at paragraph (h) for ‘‘Mouse,
Preble’s meadow jumping’’ to read as
follows:
■
Vertebrate
population where
endangered or
threatened
Status
*
U.S.A. (CO, WY)
*
Entire ..................
T
Scientific name
*
*
(h) * * *
When listed
*
*
Critical
habitat
Special rules
*
17.95(a)
*
17.40(l)
MAMMALS
*
Mouse, Preble’s
meadow jumping.
*
Zapus hudsonius
preblei.
*
*
*
3. In § 17.40, revise paragraphs
(l)(2)(vi)(E) and (l)(4) to read as follows:
■
§ 17.40
Special rules—mammals.
*
*
*
*
*
(l) * * *
(2) * * *
(vi) * * *
(E) Any future revisions to the
authorities listed in paragraphs
(l)(2)(vi)(A) through (D) of this section
that apply to the herbicides proposed
for use within the species’ range.
*
*
*
*
*
(4) Where does this rule apply? The
take exemptions provided by this rule
are applicable within the entire range of
the Preble’s meadow jumping mouse.
*
*
*
*
*
Dated: July 27, 2011.
James J. Slack,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2011–19895 Filed 8–4–11; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
erowe on DSKG8SOYB1PROD with RULES
[Docket No. 101029427–0609–02]
RIN 0648–XA555
Fisheries of the Northeastern United
States; Scup Fishery; Adjustment to
the 2011 Winter II Quota
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
VerDate Mar<15>2010
16:28 Aug 04, 2011
Jkt 223001
*
*
636
*
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
NMFS adjusts the 2011
Winter II commercial scup quota. This
action complies with Framework
Adjustment 3 (Framework 3) to the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan, which
established a process to allow the
rollover of unused commercial scup
quota from the Winter I period to the
Winter II period.
DATES: Effective August 5, 2011 through
December 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Carly Knoell, Fishery Management
Specialist, (978) 281–9224.
SUPPLEMENTARY INFORMATION: NMFS
published a final rule in the Federal
Register on November 3, 2003 (68 FR
62250), implementing a process, for
years in which the full Winter I
commercial scup quota is not harvested,
to allow unused quota from the Winter
I period (January 1 through April 30) to
be added to the quota for the Winter II
period (November 1 through December
31), and to allow adjustment of the
commercial possession limit for the
Winter II period commensurate with the
amount of quota rolled over from the
Winter I period.
For 2011, the initial Winter II quota is
3,245,500 lb (1,472 mt), and the best
available landings information indicates
that 3,366,913 lb (1,527 mt) remain of
the Winter I quota of 9,184,725 lb (4,166
mt). Consistent with the intent of
Framework 3, the full amount of unused
SUMMARY:
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
*
*
2011 Winter I quota is transferred to
Winter II, resulting in a revised 2011
Winter II quota of 6,612,413 lb (2,999
mt). Because the amount transferred is
greater than 2,000,000 lb (907 mt), the
possession limit per trip will increase to
8,000 lb (3,629 kg) during the Winter II
quota period, consistent with the final
rule Winter I to Winter II possession
limit increase table (table 3) published
in the 2011 final scup specifications (75
FR 81498, December 28, 2010).
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA (AA), finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comment on this in-season
adjustment because it is impracticable
and contrary to the public interest. The
landings data upon which this action is
based are not available on a real-time
basis and were compiled only a short
time before the determination was made
that this action is warranted. If
implementation of this in-season action
is delayed to solicit prior public
comment, the objective of the fishery
management plan to achieve the
optimum yield from the fishery could be
compromised; deteriorating weather
conditions during the later part of the
fishery year will reduce fishing effort
and could result in the annual quota
from being fully harvested. This would
conflict with the agency’s legal
obligation under the Magnuson-Stevens
Fishery Conservation and Management
E:\FR\FM\05AUR1.SGM
05AUR1
]]>Agencies
[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Rules and Regulations]
[Pages 47490-47491]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19895]
[[Page 47490]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket ID FWS-R6-ES-2011-0062; 92220-1113-0000; ABC Code: C6]
RIN 1018-AX93
Endangered and Threatened Wildlife and Plants; Reinstatement of
Listing Protections for the Preble's Meadow Jumping Mouse
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing
this final rule to comply with a court order that vacates our most
recent rule and reinstates the regulatory protections under the
Endangered Species Act of 1973, as amended (Act), for the Preble's
meadow jumping mouse (Zapus hudsonius preblei) (Preble's) in Wyoming.
The United States District Court for the District of Colorado, by order
dated July 7, 2011, vacated and remanded the 2008 Final Rule to Amend
the Listing for the Preble's Meadow Jumping Mouse To Specify Over What
Portion of Its Range the Subspecies is Threatened (2008 Amended Listing
Decision) and reinstated the 1998 Final Rule Listing the Preble's
Meadow Jumping Mouse as Threatened Throughout Its Range, effective
August 6, 2011. This rule reinstates the listing of Preble's in
Wyoming. It also reinstates the special rule that exempts activities
related to rodent control, ongoing agricultural activities, landscape
maintenance, existing uses of water, noxious weed control, and ongoing
ditch maintenance activities from the take provisions of the Act
throughout the entire range of the Preble's.
DATES: This action is effective August 6, 2011.
ADDRESSES: This final rule and the U.S. District Court decision is
available on the Internet at https://www.regulations.gov at Docket No.
FWS-R6-ES-2011-0062.
FOR FURTHER INFORMATION CONTACT: Susan Linner, Field Supervisor, U.S.
Fish and Wildlife Service, Colorado Ecological Services Office, 134
Union Boulevard, Suite 670, Lakewood, CO 80225; telephone: 303-236-
4773; facsimile: 303-236-4005. Individuals who are hearing-impaired or
speech-impaired may call the Federal Relay Service at (800) 877-8337
for TTY.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2008, we published a final rule amending the listing
determination for the Preble's to remove protections for the mouse in
Wyoming (73 FR 39790). In that rule, we determined that the Preble's
was not threatened throughout all of its range, but the portion of its
range located in Colorado represented a significant portion of the
range where the Preble's should retain its threatened status. The 2008
Amended Listing Decision relied on a March 2007 Memorandum Opinion from
the Department of the Interior's Office of the Solicitor (Opinion M-
37013) and applied Opinion M-37013's interpretation of the Act's term
``significant portion of the range'' (SPR) to determine that a
difference in status was warranted between the Wyoming and Colorado
portions of the range.
On June 23, 2009, a petition for review of the 2008 amended listing
decision was filed in the United States District Court for the District
of Colorado. Petitioners challenged, among other things, our
interpretation of SPR as applied to the Preble's decision. In the time
since that lawsuit was filed, two courts vacated final listing
decisions that relied on the same statutory interpretation contained in
Opinion M-37013 and applied in the Preble's 2008 Amended Listing
Decision. On May 4, 2011, after careful review of the statutory
interpretation contained in Opinion M-37013 and those two court
decisions, the Solicitor of the Department of the Interior issued a
memorandum (``M-37024'') withdrawing Opinion M-37013, and the Service
announced its intent to propose in the near future, for notice and
comment, a joint policy with the National Marine Fisheries Service
(``NMFS'') regarding the interpretation and implementation of the Act's
statutory phrase ``in danger of extinction throughout all or a
significant portion of its range'' (``SPR Language''). This
announcement is available at: https://www.fws.gov/home/feature/2011/pdf/Wolf_Actions_FAQs.pdf.
The Service determined it necessary to reconsider the Preble's
status in light of recent court decisions and the subsequent withdrawal
of Opinion M-37013. Accordingly, the Service filed a motion for
voluntary remand and vacatur of the Preble's 2008 Amended Listing
Decision, and requested that the special rule promulgated pursuant to
Section 4(d) of the Act and published in the Federal Register in 2001
(66 FR 28125, May 22, 2001), amended in 2002 (67 FR 61531, October 1,
2002), and extended indefinitely in 2004 (69 FR 29101, May 20, 2004),
be reinstated throughout the species' range. On July 7, 2011, the
United States District Court for the District of Colorado granted this
motion and ordered the 2008 Amended Listing Decision vacated as of
August 6, 2011 (Center for Native Ecosystems, et al. v. Salazar, et
al., 09-cv-01463-AP-JLK, 2011 U.S. Dist. LEXIS 72664 (D. Colo. July 7,
2011).
This court ruling reinstates the 1998 Final Rule listing the
Preble's as threatened throughout its range (63 FR 26517), effective
August 6, 2011. Accordingly, Federal protections that were in place
prior to our 2008 Amended Listing Decision are reinstated for the
Preble's in Wyoming. Further, the special rule promulgated pursuant to
section 4(d) of the Act and published in the Federal Register in 2001,
amended in 2002, and extended indefinitely in 2004, is reinstated
throughout the species' range (50 CFR 17.40(l)). The Service must
complete its status review of the Preble's and publish a 12-month
finding in the Federal Register for two petitions submitted by the
State of Wyoming and Coloradans for Water Conservation and Development
to delist the Preble's by the sooner of either 12 months after its
formulation of the new joint policy with NMFS interpreting
``significant portion of its range'' language or June 1, 2013.
We published a statement on our Web site to notify the public of
the ruling and its impact shortly after the order was released. We
intend to notify the public again when this notice is published to
ensure awareness of the ruling.
Administrative Procedure
This rulemaking is necessary to comply with the July 7, 2011, 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 impractical and unnecessary. 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 August 6, 2011.
Effects of the Rule
As of August 6, 2011, the Preble's is again listed as threatened in
Wyoming (50 CFR 17.11(h)) and the section 4(d) rule is reinstated
throughout the species' range (50 CFR 17.40(l)). Please see the above-
cited Federal Register publications for more detailed information
regarding the Preble's listing and the special rule.
This rule will not affect the status of the Preble's under State
laws or suspend
[[Page 47491]]
any other legal protections provided by State law.
Lists of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, in order to comply with the court orders discussed
above, we amend part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as set forth below.
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Amend Sec. 17.11 by revising the entry in the table at paragraph
(h) for ``Mouse, Preble's meadow jumping'' to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------- population where Critical
Historic range endangered or Status When listed habitat Special rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Mouse, Preble's meadow jumping Zapus hudsonius U.S.A. (CO, WY).. Entire.......... T 636 17.95(a) 17.40(l)
preblei.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
0
3. In Sec. 17.40, revise paragraphs (l)(2)(vi)(E) and (l)(4) to read
as follows:
Sec. 17.40 Special rules--mammals.
* * * * *
(l) * * *
(2) * * *
(vi) * * *
(E) Any future revisions to the authorities listed in paragraphs
(l)(2)(vi)(A) through (D) of this section that apply to the herbicides
proposed for use within the species' range.
* * * * *
(4) Where does this rule apply? The take exemptions provided by
this rule are applicable within the entire range of the Preble's meadow
jumping mouse.
* * * * *
Dated: July 27, 2011.
James J. Slack,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-19895 Filed 8-4-11; 8:45 am]
BILLING CODE 4310-55-P
