Endangered and Threatened Wildlife and Plants; Revision of the Critical Habitat Designation for the Jaguar in Compliance With a Court Order, 46822-46824 [2024-11758]
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Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Rules and Regulations
NIST.SP.800-171’’ and adding ‘‘https://
csrc.nist.gov/publications/sp800’’ in its
place; and
■ c. In paragraph (b)(2)(ii)(D) by
removing ‘‘https://www.fedramp.gov/
resources/documents/’’ and adding
‘‘https://www.fedramp.gov/documentstemplates/.’’ in its place.
The revision reads as follows:
252.204–7012 Safeguarding Covered
Defense Information and Cyber Incident
Reporting.
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Safeguarding Covered Defense
Information and Cyber Incident
Reporting (MAY 2024)
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[FR Doc. 2024–11516 Filed 5–29–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2023–0215;
FXES1111090FEDR–245–FF09E21000]
RIN 1018–BH68
Endangered and Threatened Wildlife
and Plants; Revision of the Critical
Habitat Designation for the Jaguar in
Compliance With a 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 to vacate Subunit 4b and a portion
of Unit 3 in Arizona from the March 5,
2014, final rule designating lands in
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 64,797
acres (26,222 hectares) of land within
Arizona from the designation of critical
habitat for the jaguar. The remaining
total acreage of designated critical
habitat for the jaguar is approximately
640,124 acres (259,049 hectares) in
Pima, Santa Cruz, and Cochise Counties,
Arizona.
DATES: This rule is effective May 30,
2024. However, the court order had
legal effect immediately upon being
filed on August 11, 2023.
FOR FURTHER INFORMATION CONTACT:
Heather Whitlaw, U.S. Fish and Wildlife
Service, 9828 North 31st Avenue #C3,
Phoenix, AZ 85051; telephone: 602–
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:52 May 29, 2024
Jkt 262001
242–0210; email at incomingazcorr@
fws.gov. Individuals in the United States
who are deaf, deafblind, hard of hearing,
or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
On March 5, 2014, we published in
the Federal Register (79 FR 12572) a
final rule 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 § 17.95(a)
(50 CFR 17.95(a)). Please see the March
5, 2014, final rule for a complete
discussion of previous Federal actions
pertaining to this designation.
On July 22, 2021, we published in the
Federal Register (86 FR 38570) a final
rule revising the critical habitat
designation for the jaguar in compliance
with a different court order to remove
Unit 6 and the New Mexico portion of
Unit 5 from the designation. In that final
rule, we erroneously stated that the rule
removed approximately 110,438 acres
(44,693 hectares) of land within New
Mexico from the designation of critical
habitat for the jaguar. On February 2,
2022, we published a correction in the
Federal Register (87 FR 5737); the
correction stated that the July 22, 2021,
rule removed 59,286 acres (23,993
hectares) in New Mexico from the
designation of critical habitat for the
jaguar.
Background
In 2016, we issued a biological
opinion, as required under the Act (16
U.S.C. 1536), regarding the development
of a copper mine by the Rosemont
Copper Company (Rosemont) on lands
administered by the Coronado National
Forest. The action area of the proposed
mine and associated infrastructure
included portions of the critical habitat
designation for the jaguar, specifically
portions of Unit 3 and Subunit 4b. In
our biological opinion, we found that
the proposed mine was not likely to
jeopardize the continued existence of
the jaguar or result in the destruction or
adverse modification of its critical
habitat.
On September 25, 2017, the Center for
Biological Diversity filed a lawsuit
against the Service and the U.S. Forest
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
Service. The Center for Biological
Diversity alleged that we violated the
Act and the Administrative Procedure
Act (APA; 5 U.S.C. 551 et seq.) in
concluding that the mine would not
destroy or adversely modify the
designated critical habitat. Rosemont
intervened and filed a crossclaim
challenging the March 5, 2014, final
rule’s designation of Subunit 4b and a
portion of Unit 3 in the Santa Rita
Mountains as critical habitat for the
jaguar. On February 10, 2020, the
Arizona district court denied in part and
affirmed in part the Service’s critical
habitat designation. As part of its
decision, the district court found that
we erred in designating Unit 3 as
occupied critical habitat but granted
summary judgement in favor of
designating Unit 3 and subunit 4B as
unoccupied critical habitat.
Rosemont appealed the district court
decision to the U.S. Court of Appeals for
the Ninth Circuit. On May 17, 2023, the
appellate court affirmed in part and
reversed in part the decision of the
district court and remanded the relevant
portions of the jaguar critical habitat
rule for proceedings consistent with its
decision. See Ctr. for Biological
Diversity v. U.S. Fish and Wildlife Serv.,
67 F.4th 1027 (May 17, 2023), which is
available in Docket No. FWS–R2–ES–
2023–0215 on https://
www.regulations.gov. Upon remand, on
August 11, 2023, the Arizona district
court ordered the Service to vacate a
portion of Unit 3 and all of Subunit 4b
as critical habitat. This rule implements
the district court’s August 11, 2023,
order.
Administrative Procedure
This rulemaking is necessary to
comply with the August 11, 2023, court
order remanding to the agency to vacate
the critical habitat designations
challenged by Rosemont. 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 August 11, 2023, 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 64,797 acres
(26,222 hectares) of land within Arizona
from the jaguar’s critical habitat
designation at 50 CFR 17.95(a).
E:\FR\FM\30MYR1.SGM
30MYR1
Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Rules and Regulations
List of Subjects in 50 CFR Part 17
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
Endangered and threatened species,
Exports, Imports, Plants, Reporting and
recordkeeping requirements,
Transportation, Wildlife.
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
Regulation Amendment
Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as set forth
below.
by revising paragraphs (5) and (6), to
read as follows:
§ 17.95
1. The authority citation for part 17
continues to read as follows:
■
2. Amend § 17.95, in paragraph (a), in
the entry for ‘‘Jaguar (Panthera onca)’’,
■
46823
Critical habitat—fish and wildlife.
(a) * * *
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Jaguar (Panthera onca)
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(5) Note: Index map follows:
BILLING CODE 4333–15–P
Critical Habitat for Jaguar - Overview
I
UNIT1
Baboquivari
4
,..
Ar~ona
I
Pima
i'
County
I
•
I
'
I
J
Cochise
County
UNITS
Peloncillo
Sonora
MEXICO
i
0
ddrumheller on DSK120RN23PROD with RULES1
(6) Units 1, 2, 3, and 4: Baboquivari,
Atascosa, Patagonia, and Whetstone
VerDate Sep<11>2014
15:52 May 29, 2024
Jkt 262001
t
I
10
1
l
20
40 MlleS
20
Frm 00027
I
County Boundary
40 Kltometers
Fmt 4700
Critical Habitat
CJ State Boundary
Units, Pima, Santa Cruz, and Cochise
PO 00000
•
Sfmt 4700
Counties, Arizona. Map of Units 1, 2, 3,
and 4 follows:
E:\FR\FM\30MYR1.SGM
30MYR1
ER30MY24.016</GPH>
10
0
46824
Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Rules and Regulations
Pima
County
toneuca
,~~
•
Critical Habitat
C State Boundary
County Boundary
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the open fishing dates listed for the
Washington South Coast subarea fishery
and a reference to the subarea allocation
amount for the Oregon Central Coast
nearshore fishery. The date and
allocation corrections are to address
minor inadvertent transcriptional errors,
non-substantive changes to the final
rule, and this rule is needed to avoid
confusion with the public, enforcement,
and management agencies.
DATES: Effective May 29, 2024.
FOR FURTHER INFORMATION CONTACT:
Melissa Mandrup, phone: 562–980–
3231, or email: melissa.mandrup@
noaa.gov.
*
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024–11758 Filed 5–29–24; 8:45 am]
BILLING CODE 4333–15–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 240523–0145]
RIN 0648–BM75
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
ddrumheller on DSK120RN23PROD with RULES1
AGENCY:
This action makes two
corrections to the 2024 Area 2A Pacific
halibut recreational management
measures implemented on April 4,
2024. Specifically, NMFS is correcting
SUMMARY:
VerDate Sep<11>2014
15:52 May 29, 2024
Jkt 262001
NMFS
manages the Pacific halibut fishery in
International Pacific Halibut
Commission (IPHC) Regulatory Area 2A
(waters off Washington, Oregon, and
California) in accordance with the
Northern Pacific Halibut Act of 1982
(Halibut Act), 16 U.S.C. 773–773k. As
provided in the Halibut Act, the
regional fishery management council
having authority for the geographic area
concerned may develop, and the
Secretary of Commerce may implement,
regulations governing Pacific halibut
fishing in U.S. waters that are in
addition to, and not in conflict with,
SUPPLEMENTARY INFORMATION:
Pacific Halibut Fisheries of the West
Coast; 2024 Catch Sharing Plan and
Recreational Management Measures;
Correction
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
approved IPHC regulations (16 U.S.C.
773c(c)). Since 1988, the Pacific Fishery
Management Council (Council) has
developed a Catch Sharing Plan,
through the Council’s public process,
that allocates the Area 2A Pacific
halibut catch limit, also known as the
Fishery Constant Exploitable Yield
(FCEY), between treaty tribal and nontribal harvesters, and among non-tribal
commercial and recreational (sport)
fisheries, and adopts management
measures for these fisheries. NMFS has
implemented at 50 CFR 300.63 et seq.
certain provisions of the Catch Sharing
Plan and implemented, in annual rules,
annual management measures
consistent with the Catch Sharing Plan.
A final rule (89 FR 22966, April 3, 2024)
implemented management measures for
the 2024 recreational fishery, consistent
with the recommendations made by the
Council in its 2024 Catch Sharing Plan,
including the days the fishery is open
and subarea allocations in Area 2A. The
final rule was effective on April 4, 2024.
However, it contained two transcription
errors, one for the Washington South
Coast subarea and one for the Oregon
Central Coast subarea.
E:\FR\FM\30MYR1.SGM
30MYR1
ER30MY24.017</GPH>
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]]>Agencies
[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Rules and Regulations]
[Pages 46822-46824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11758]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2023-0215; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BH68
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.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are issuing
this final rule to comply with a court order to vacate Subunit 4b and a
portion of Unit 3 in Arizona from the March 5, 2014, final rule
designating lands in 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 64,797 acres (26,222 hectares) of land within Arizona
from the designation of critical habitat for the jaguar. The remaining
total acreage of designated critical habitat for the jaguar is
approximately 640,124 acres (259,049 hectares) in Pima, Santa Cruz, and
Cochise Counties, Arizona.
DATES: This rule is effective May 30, 2024. However, the court order
had legal effect immediately upon being filed on August 11, 2023.
FOR FURTHER INFORMATION CONTACT: Heather Whitlaw, U.S. Fish and
Wildlife Service, 9828 North 31st Avenue #C3, Phoenix, AZ 85051;
telephone: 602-242-0210; email at [email protected]. Individuals
in the United States who are deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
On March 5, 2014, we published in the Federal Register (79 FR
12572) a final rule 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 pertaining to this designation.
On July 22, 2021, we published in the Federal Register (86 FR
38570) a final rule revising the critical habitat designation for the
jaguar in compliance with a different court order to remove Unit 6 and
the New Mexico portion of Unit 5 from the designation. In that final
rule, we erroneously stated that the rule removed approximately 110,438
acres (44,693 hectares) of land within New Mexico from the designation
of critical habitat for the jaguar. On February 2, 2022, we published a
correction in the Federal Register (87 FR 5737); the correction stated
that the July 22, 2021, rule removed 59,286 acres (23,993 hectares) in
New Mexico from the designation of critical habitat for the jaguar.
Background
In 2016, we issued a biological opinion, as required under the Act
(16 U.S.C. 1536), regarding the development of a copper mine by the
Rosemont Copper Company (Rosemont) on lands administered by the
Coronado National Forest. The action area of the proposed mine and
associated infrastructure included portions of the critical habitat
designation for the jaguar, specifically portions of Unit 3 and Subunit
4b. In our biological opinion, we found that the proposed mine was not
likely to jeopardize the continued existence of the jaguar or result in
the destruction or adverse modification of its critical habitat.
On September 25, 2017, the Center for Biological Diversity filed a
lawsuit against the Service and the U.S. Forest Service. The Center for
Biological Diversity alleged that we violated the Act and the
Administrative Procedure Act (APA; 5 U.S.C. 551 et seq.) in concluding
that the mine would not destroy or adversely modify the designated
critical habitat. Rosemont intervened and filed a crossclaim
challenging the March 5, 2014, final rule's designation of Subunit 4b
and a portion of Unit 3 in the Santa Rita Mountains as critical habitat
for the jaguar. On February 10, 2020, the Arizona district court denied
in part and affirmed in part the Service's critical habitat
designation. As part of its decision, the district court found that we
erred in designating Unit 3 as occupied critical habitat but granted
summary judgement in favor of designating Unit 3 and subunit 4B as
unoccupied critical habitat.
Rosemont appealed the district court decision to the U.S. Court of
Appeals for the Ninth Circuit. On May 17, 2023, the appellate court
affirmed in part and reversed in part the decision of the district
court and remanded the relevant portions of the jaguar critical habitat
rule for proceedings consistent with its decision. See Ctr. for
Biological Diversity v. U.S. Fish and Wildlife Serv., 67 F.4th 1027
(May 17, 2023), which is available in Docket No. FWS-R2-ES-2023-0215 on
https://www.regulations.gov. Upon remand, on August 11, 2023, the
Arizona district court ordered the Service to vacate a portion of Unit
3 and all of Subunit 4b as critical habitat. This rule implements the
district court's August 11, 2023, order.
Administrative Procedure
This rulemaking is necessary to comply with the August 11, 2023,
court order remanding to the agency to vacate the critical habitat
designations challenged by Rosemont. 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 August 11, 2023, 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
64,797 acres (26,222 hectares) of land within Arizona from the jaguar's
critical habitat designation at 50 CFR 17.95(a).
[[Page 46823]]
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Regulation Amendment
Accordingly, 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 revising paragraphs (5) and (6), to read as
follows:
Sec. 17.95 Critical habitat--fish and wildlife.
(a) * * *
* * * * *
Jaguar (Panthera onca)
* * * * *
(5) Note: Index map follows:
BILLING CODE 4333-15-P
[GRAPHIC] [TIFF OMITTED] TR30MY24.016
(6) Units 1, 2, 3, and 4: Baboquivari, Atascosa, Patagonia, and
Whetstone Units, Pima, Santa Cruz, and Cochise Counties, Arizona. Map
of Units 1, 2, 3, and 4 follows:
[[Page 46824]]
[GRAPHIC] [TIFF OMITTED] TR30MY24.017
* * * * *
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-11758 Filed 5-29-24; 8:45 am]
BILLING CODE 4333-15-C
