Endangered and Threatened Wildlife and Plants; Reinstatement of ESA Listing for the Grizzly Bear in the Greater Yellowstone Ecosystem in Compliance With Court Order, 37144-37145 [2019-16350]
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37144
Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations
Needs and Uses: On May 9, 2019, the
Commission adopted a Report and
Order, Amendment of Part 74 of the
Commission’s Rules Regarding FM
Translator Interference, FCC 19–40, MB
Docket No. 18–119, adopting proposals
to streamline the rules relating to
interference caused by FM translators
and to expedite the translator
interference complaint resolution
process. These measures are designed to
limit or avoid protracted and
contentious interference disputes,
provide translator licensees additional
investment certainty and flexibility to
remediate interference, and provide
affected stations earlier and expedited
resolution of interference complaints.
In the FM Translator Interference
Report and Order, the Commission
adopted its proposal to offer additional
flexibility to FM translator licensees, by
allowing them to resolve interference
issues using the effective and low-cost
method of submitting a minor
modification application to change
frequency to any available same-band
FM channel. This method will reduce
the number of opposition pleadings
filed and the obligation to defend an
interference claim.
Specifically, the FM Translator
Interference Report and Order pertains
to this Information Collection as it
modifies Section 74.1233(a)(1) of the
rules to define an FM translator station’s
change to any available same-band
frequency using a minor modification
application, filed using FCC Form 349,
upon a showing of interference to or
from any other broadcast station. Prior
to the FM Translator Interference Report
and Order, if an existing FM translator
caused actual interference, as prohibited
by Section 74.1203(a), it was limited to
remedial channel changes, filing FCC
Form 349 as a minor change
application, to only first, second, or
third adjacent, or IF channels. A change
to any other channel was considered a
major change on FCC Form 349, which
could only be submitted during a filing
window. The FM Translator
Interference Report and Order enables
more translator stations to cure
interference by simply changing
channels within the same band by filing
Form 349 as a minor change
application, rather than other costlier
and less efficient remedies.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019–16334 Filed 7–30–19; 8:45 am]
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19:26 Jul 30, 2019
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R6–ES–2019–0015;
FXES11130900000C6–190–FF09E42000]
RIN 1018–BD86
Endangered and Threatened Wildlife
and Plants; Reinstatement of ESA
Listing for the Grizzly Bear in the
Greater Yellowstone Ecosystem in
Compliance With Court Order
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 had the effect of reinstating
the regulatory protections under the
Endangered Species Act of 1973, as
amended (ESA), for the grizzly bear
(Ursus arctos horribilis) in the Greater
Yellowstone Ecosystem (GYE). Thus,
this final rule is required to reflect the
change effected by that order to the GYE
grizzly bear population’s status on the
List of Endangered and Threatened
Wildlife.
SUMMARY:
This action is effective July 31,
2019. However, the court order had
legal effect immediately upon being
filed on September 24, 2018.
ADDRESSES: This final rule is available:
• Electronically at https://
www.regulations.gov in Docket No.
FWS–R6–ES–2019–0015;
• From U.S. Fish and Wildlife
Service, Grizzly Bear Recovery Office,
University of Montana, University Hall
#309, Missoula, MT 59812; telephone
406–243–4903. Persons who use a
telecommunications device for the deaf
may call the Federal Relay Service at
800–877–8339.
FOR FURTHER INFORMATION CONTACT: Dr.
Hilary Cooley, Grizzly Bear Recovery
Coordinator, U.S. Fish and Wildlife
Service, University Hall, Room #309,
University of Montana, Missoula, MT
59812; telephone 406–243–4903. For
Tribal inquiries, contact Anna Munoz,
Native American Liaison, U.S. Fish and
Wildlife Service; telephone 303–236–
4510. Persons who use a
telecommunications device for the deaf
may call the Federal Relay Service at
800–877–8339.
SUPPLEMENTARY INFORMATION:
DATES:
Background
On June 30, 2017, we published a
final rule establishing a distinct
PO 00000
Frm 00086
Fmt 4700
Sfmt 4700
population segment (DPS) of the grizzly
bear (Ursus arctos horribilis) for the
GYE and removing this DPS from the
List of Endangered and Threatened
Wildlife in title 50 of the Code of
Federal Regulations at 50 CFR 17.11(h)
(82 FR 30502, June 30, 2017; ‘‘2017
delisting rule’’). In the 2017 delisting
rule, we determined that the GYE
grizzly bear population was no longer
an endangered or threatened population
pursuant to the ESA, based on the best
scientific and commercial data
available. Additional background
information on the grizzly bear in the
GYE and on this decision, including
previous Federal actions, is found in our
2017 delisting rule.
Subsequently, six lawsuits
challenging our 2017 delisting rule were
filed in Federal district courts in
Missoula, Montana, and Chicago,
Illinois. The Chicago lawsuit was
transferred to Missoula, Montana, and
all six lawsuits were consolidated as
Crow Indian Tribe, et al. v. United
States, et al., case no. CV 17–89–M–DLC
(D. Mont. 2018). Plaintiffs’ allegations
focused primarily on violations of the
ESA and the Administrative Procedure
Act (5 U.S.C. 500, et seq.).
On September 24, 2018, the Montana
District Court issued an order in Crow
Indian Tribe, et al. v. United States, et
al., 343 F.Supp.3d 999 (D. Mont. 2018),
that vacated the 2017 delisting rule and
remanded it back to the Service. Thus,
this final rule is required to reflect the
change in the GYE grizzly bear
population’s status effected by that
order.
Rule Effective Upon Publication
This rulemaking is necessary to
comply with the September 24, 2018,
court order. Therefore, under these
circumstances, the Director has
determined, pursuant to 5 U.S.C. 553(b),
that prior notice and opportunity for
public comment are impracticable and
unnecessary. The Director has further
determined, pursuant to 5 U.S.C. 553(d),
that the agency has good cause to make
this rule effective upon publication.
Effects of the Rule
Per the September 24, 2018, court
order, any and all grizzly bears in the
GYE are once again listed as a
threatened species under the ESA.
Because the Court vacated the entire
2017 delisting rule, all grizzly bears in
the lower 48 States are again listed as
threatened. Accordingly, we are revising
the entry for grizzly bear in the List of
Endangered and Threatened Wildlife at
50 CFR 17.11(h). An existing rule under
section 4(d) of the ESA governing the
regulation of grizzly bears in the lower
E:\FR\FM\31JYR1.SGM
31JYR1
37145
Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations
48 States (50 CFR 17.40(b)) again
applies to this entire population.
We are also taking this opportunity to
correct an omission in the ‘‘Listing
citations and applicable rules’’ column.
Per 50 CFR 17.11(f), the information in
this column ‘‘is for reference and
navigational purposes only.’’ We have
become aware that the list of citations
in this column does not include a final
rule that published in 2010:
‘‘Endangered and Threatened Wildlife
and Plants; Reinstatement of Protections
for the Grizzly Bear in the Greater
Yellowstone Ecosystem in Compliance
With Court Order.’’ Therefore, we are
adding this citation in chronological
order to the list: 75 FR 14496, 3/26/
2010. This change is purely
Common name
administrative and has no regulatory
effect.
This rule will not affect the grizzly
bear’s Appendix II status under the
Convention on International Trade in
Endangered Species of Wild Fauna and
Flora (CITES).
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.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Amendment
Accordingly, in order to comply with
the court order discussed above, we
amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal
Regulations, as set forth below:
Scientific name
Where listed
*
*
Ursus arctos horribilis ....
*
U.S.A., conterminous
(lower 48) States, except where listed as
an experimental population.
2. Amend § 17.11(h) by revising the
first entry for ‘‘Bear, grizzly’’ under
‘‘Mammals’’ in the List of Endangered
and Threatened Wildlife to read as
follows:
■
Status
§ 17.11 Endangered and threatened
wildlife.
*
*
*
(h) * * *
*
*
Listing citations and applicable rules
Mammals
*
Bear, grizzly ....................
*
*
*
Dated: June 6, 2019.
Margaret E. Everson,
Principal Deputy Director, exercising the
authority of the Director for the U.S. Fish
and Wildlife Service.
[FR Doc. 2019–16350 Filed 7–30–19; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 190220141–9141–01]
RIN 0648–BI78
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Fishing
Restrictions in Purse Seine Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule; request for
comments.
AGENCY:
This interim final rule
establishes limits on fishing effort by
U.S. purse seine vessels in the U.S.
exclusive economic zone (EEZ) and on
SUMMARY:
VerDate Sep<11>2014
19:26 Jul 30, 2019
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*
*
T
*
*
32 FR 4001, 3/11/1967; 35 FR 16047, 10/13/1970;
40 FR 31734, 7/28/1975; 72 FR 14866, 3/29/
2007; 75 FR 14496, 3/26/2010; 82 FR 30502, 6/
30/2017; 84 FR [INSERT Federal Register
PAGE WHERE THE DOCUMENT BEGINS], 7/
31/2019; 50 CFR 17.40(b).4d
*
the high seas between the latitudes of
20° N. and 20° S. in the area of
application of the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Convention). The calendar year limit
for 2019 is 1,616 fishing days. The
calendar year limit for 2020 and
subsequent years is 1,828 fishing days.
This action is necessary for the United
States to implement provisions of a
conservation and management measure
adopted by the Commission for the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(WCPFC or Commission) and to satisfy
the obligations of the United States
under the Convention, to which it is a
Contracting Party. NMFS is seeking
comments on this interim final rule and
will respond to those comments in a
subsequent final rule.
Effective on July 31, 2019.
Comments must be submitted in writing
by August 30, 2019.
DATES:
You may submit comments
on this document, identified by NOAA–
NMFS–2019–0056, and the regulatory
impact review (RIR) prepared for the
interim final rule, by either of the
following methods:
ADDRESSES:
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*
*
• Electronic submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190056,
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
—OR—
• Mail: Submit written comments to
Michael D. Tosatto, Regional
Administrator, NMFS, Pacific Islands
Regional Office (PIRO), 1845 Wasp
Blvd., Building 176, Honolulu, HI
96818.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, might not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name and address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37144-37145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16350]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R6-ES-2019-0015; FXES11130900000C6-190-FF09E42000]
RIN 1018-BD86
Endangered and Threatened Wildlife and Plants; Reinstatement of
ESA Listing for the Grizzly Bear in the Greater Yellowstone Ecosystem
in Compliance With Court Order
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 had the effect of
reinstating the regulatory protections under the Endangered Species Act
of 1973, as amended (ESA), for the grizzly bear (Ursus arctos
horribilis) in the Greater Yellowstone Ecosystem (GYE). Thus, this
final rule is required to reflect the change effected by that order to
the GYE grizzly bear population's status on the List of Endangered and
Threatened Wildlife.
DATES: This action is effective July 31, 2019. However, the court order
had legal effect immediately upon being filed on September 24, 2018.
ADDRESSES: This final rule is available:
Electronically at https://www.regulations.gov in Docket No.
FWS-R6-ES-2019-0015;
From U.S. Fish and Wildlife Service, Grizzly Bear Recovery
Office, University of Montana, University Hall #309, Missoula, MT
59812; telephone 406-243-4903. Persons who use a telecommunications
device for the deaf may call the Federal Relay Service at 800-877-8339.
FOR FURTHER INFORMATION CONTACT: Dr. Hilary Cooley, Grizzly Bear
Recovery Coordinator, U.S. Fish and Wildlife Service, University Hall,
Room #309, University of Montana, Missoula, MT 59812; telephone 406-
243-4903. For Tribal inquiries, contact Anna Munoz, Native American
Liaison, U.S. Fish and Wildlife Service; telephone 303-236-4510.
Persons who use a telecommunications device for the deaf may call the
Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2017, we published a final rule establishing a distinct
population segment (DPS) of the grizzly bear (Ursus arctos horribilis)
for the GYE and removing this DPS from the List of Endangered and
Threatened Wildlife in title 50 of the Code of Federal Regulations at
50 CFR 17.11(h) (82 FR 30502, June 30, 2017; ``2017 delisting rule'').
In the 2017 delisting rule, we determined that the GYE grizzly bear
population was no longer an endangered or threatened population
pursuant to the ESA, based on the best scientific and commercial data
available. Additional background information on the grizzly bear in the
GYE and on this decision, including previous Federal actions, is found
in our 2017 delisting rule.
Subsequently, six lawsuits challenging our 2017 delisting rule were
filed in Federal district courts in Missoula, Montana, and Chicago,
Illinois. The Chicago lawsuit was transferred to Missoula, Montana, and
all six lawsuits were consolidated as Crow Indian Tribe, et al. v.
United States, et al., case no. CV 17-89-M-DLC (D. Mont. 2018).
Plaintiffs' allegations focused primarily on violations of the ESA and
the Administrative Procedure Act (5 U.S.C. 500, et seq.).
On September 24, 2018, the Montana District Court issued an order
in Crow Indian Tribe, et al. v. United States, et al., 343 F.Supp.3d
999 (D. Mont. 2018), that vacated the 2017 delisting rule and remanded
it back to the Service. Thus, this final rule is required to reflect
the change in the GYE grizzly bear population's status effected by that
order.
Rule Effective Upon Publication
This rulemaking is necessary to comply with the September 24, 2018,
court order. Therefore, under these circumstances, the Director has
determined, pursuant to 5 U.S.C. 553(b), that prior notice and
opportunity for public comment are impracticable and unnecessary. The
Director has further determined, pursuant to 5 U.S.C. 553(d), that the
agency has good cause to make this rule effective upon publication.
Effects of the Rule
Per the September 24, 2018, court order, any and all grizzly bears
in the GYE are once again listed as a threatened species under the ESA.
Because the Court vacated the entire 2017 delisting rule, all grizzly
bears in the lower 48 States are again listed as threatened.
Accordingly, we are revising the entry for grizzly bear in the List of
Endangered and Threatened Wildlife at 50 CFR 17.11(h). An existing rule
under section 4(d) of the ESA governing the regulation of grizzly bears
in the lower
[[Page 37145]]
48 States (50 CFR 17.40(b)) again applies to this entire population.
We are also taking this opportunity to correct an omission in the
``Listing citations and applicable rules'' column. Per 50 CFR 17.11(f),
the information in this column ``is for reference and navigational
purposes only.'' We have become aware that the list of citations in
this column does not include a final rule that published in 2010:
``Endangered and Threatened Wildlife and Plants; Reinstatement of
Protections for the Grizzly Bear in the Greater Yellowstone Ecosystem
in Compliance With Court Order.'' Therefore, we are adding this
citation in chronological order to the list: 75 FR 14496, 3/26/2010.
This change is purely administrative and has no regulatory effect.
This rule will not affect the grizzly bear's Appendix II status
under the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Amendment
Accordingly, in order to comply with the court order 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--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. 17.11(h) by revising the first entry for ``Bear,
grizzly'' under ``Mammals'' in the List of Endangered and Threatened
Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Listing citations and
Common name Scientific name Where listed Status applicable rules
----------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Bear, grizzly................... Ursus arctos U.S.A., T 32 FR 4001, 3/11/1967;
horribilis. conterminous 35 FR 16047, 10/13/
(lower 48) 1970; 40 FR 31734, 7/
States, except 28/1975; 72 FR 14866,
where listed as 3/29/2007; 75 FR
an experimental 14496, 3/26/2010; 82
population. FR 30502, 6/30/2017;
84 FR [INSERT Federal
Register PAGE WHERE
THE DOCUMENT BEGINS],
7/31/2019; 50 CFR
17.40(b).\4d\
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: June 6, 2019.
Margaret E. Everson,
Principal Deputy Director, exercising the authority of the Director for
the U.S. Fish and Wildlife Service.
[FR Doc. 2019-16350 Filed 7-30-19; 8:45 am]
BILLING CODE 4333-15-P
