[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]


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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

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 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 http://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) * * *

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                                                                                          Listing citations and
           Common name              Scientific name      Where listed         Status         applicable rules
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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\
 
                                                  * * * * * * *
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    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