Rule2026-03883
Endangered and Threatened Wildlife and Plants; Removal of Northern and Southern Distinct Population Segments of the Lesser Prairie-Chicken From the List of Endangered and Threatened Wildlife in Compliance With Court Order
Primary source
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Published
February 26, 2026
Effective
February 26, 2026
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
In response to a court order, we, the U.S. Fish and Wildlife Service (Service) are removing the northern and the southern distinct population segments (DPSs) of the lesser prairie-chicken (Tympanuchus pallidicinctus) from the Federal List of Endangered and Threatened Wildlife. Additionally, we are rescinding the rule issued under section 4(d) of the Act for the northern DPS. As a result of the court's orders, the regulatory protections under the Endangered Species Act of 1973, as amended (Act) no longer apply to either DPS.
Full Text
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<title>Federal Register, Volume 91 Issue 38 (Thursday, February 26, 2026)</title>
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[Federal Register Volume 91, Number 38 (Thursday, February 26, 2026)]
[Rules and Regulations]
[Pages 9474-9475]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03883]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R2-ES-2021-0015; FXES1111090FEDR-267-FF09E21000]
RIN 1018-BB27
Endangered and Threatened Wildlife and Plants; Removal of
Northern and Southern Distinct Population Segments of the Lesser
Prairie-Chicken From the List of Endangered and Threatened Wildlife in
Compliance With Court Order
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: In response to a court order, we, the U.S. Fish and Wildlife
Service (Service) are removing the northern and the southern distinct
population segments (DPSs) of the lesser prairie-chicken (Tympanuchus
pallidicinctus) from the Federal List of Endangered and Threatened
Wildlife. Additionally, we are rescinding the rule issued under section
4(d) of the Act for the northern DPS. As a result of the court's
orders, the regulatory protections under the Endangered Species Act of
1973, as amended (Act) no longer apply to either DPS.
DATES: This rule is effective February 26, 2026. However, the court's
orders had legal effect upon filing on March 29, 2025, and August 12,
2025.
ADDRESSES: This final rule is available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R2-ES-2021-0015.
FOR FURTHER INFORMATION CONTACT: Clay Nichols, Biologist, Southwest
Regional Office, 817-277-1100, <a href="/cdn-cgi/l/email-protection#b0d3dcd1c9efded9d3d8dfdcc3f0d6c7c39ed7dfc6"><span class="__cf_email__" data-cfemail="a3c0cfc2dafccdcac0cbcccfd0e3c5d4d08dc4ccd5">[email protected]</span></a>. 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:
Background
On September 8, 2016, we received a petition from WildEarth
Guardians, Defenders of Wildlife, and Center for Biological Diversity
to list the lesser prairie-chicken as an endangered species throughout
its entire range or in three distinct population segments (DPSs) under
the Endangered Species Act (Act). On November 25, 2022, we published a
final rule listing the northern DPS of the lesser prairie-chicken
(Tympanuchus pallidicinctus) as a threatened species and the southern
DPS of the lesser prairie-chicken as an endangered species (87 FR
72674). The final rule was effective March 27, 2023 (88 FR 4087).
Please see our proposed listing rule (86 FR 29432 at 29434; June 1,
2021) for a complete discussion of previous Federal actions.
On March 21, 2023, the States of Texas, Oklahoma, and Kansas filed
a lawsuit challenging the Service's November 25, 2022, final listing
rule for the lesser prairie-chicken and the protective regulations
under section 4(d) of the Act (4(d) rule) for the northern DPS (State
of Texas, et al. v. Dep't of the Interior, et al., No. 23-cv-00047
(W.D. TX)). On March 21, 2023, the Permian Basin Petroleum Association;
the National Cattlemen's Beef Association; Texas Cattle Feeder's
Association; Kansas Livestock Association; Oklahoma Cattlemen's
Association; New Mexico Cattle Grower's Association; Kansas Independent
Oil & Gas Association; Petroleum Alliance of Oklahoma; Chaves County,
New Mexico; Roosevelt County, New Mexico; and Lea County, New Mexico,
similarly filed a lawsuit challenging the final listing rule and 4(d)
rule (Permian Basin Petroleum Association, et. al., v. Dep't of the
Interior, No. 23-cv-00049 (W.D. TX); this case was consolidated into
No. 23-cv-00047 above). On July 20, 2023, the Kansas Natural Resource
Coalition; Cameron Edwards; Lone Butte Farm, LLC; Schilling Land, LLC;
and JDC Farms, Inc. filed a lawsuit challenging the 4(d) rule for the
northern DPS (Kansas Natural Resource Coalition, et al. v. United
States Fish and Wildlife Service, et al., No. 7:23-cv-00159 (W.D.
Tex.)). On March 29, 2025, the U.S. District Court for the Western
District of Texas vacated the 4(d) rule for the northern DPS of the
lesser prairie-chicken (Kan. Nat. Res. Coal., v. U.S. Fish and Wildlife
Serv., No. 7:23-cv-00159 (W.D. Tex.) ECF No. 39). On August 12, 2025,
the U.S. District Court for the Western District of Texas issued an
order vacating the final listing rule for both the northern and
southern DPSs of the lesser prairie-chicken (State of Texas, v. Dep't
of the Interior, No. 23-cv-00047 (W.D. TX) ECF No. 109).
Administrative Procedure
This rulemaking is necessary to comply with the March 29, 2025, and
August 12, 2025, court orders. Therefore, the Service Director has
determined, pursuant to 5 U.S.C. 553(b)(4)(B), that prior notice and
opportunity for public comment are impractical and unnecessary. Because
the court orders had legal effect immediately upon being filed on March
29, 2025, and August 12, 2025, 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
As a result of the March 29, 2025, and August 12, 2025, district
court orders, all protections under the Act were removed for the
northern and southern DPSs of the lesser-prairie chicken. We are
issuing this rule to amend the regulations to reflect that removal of
protections. This rule removes the northern and southern DPSs of the
lesser prairie-chicken from the Federal List of Endangered and
Threatened Wildlife at 50 CFR 17.11(h). This rule also removes the rule
issued under section 4(d) of the Act for the northern DPS at 50 CFR
17.41(k).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Plants,
Reporting and recordkeeping requirements, Transportation, Wildlife.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
[[Page 9475]]
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
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1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless
otherwise noted.
Sec. 17.11 [Amended]
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2. In Sec. 17.11, in paragraph (h), amend the List of Endangered and
Threatened Wildlife by removing the entry for ``Prairie-chicken, lesser
[Northern DPS]'' and the entry for ``Prairie-chicken, lesser [Southern
DPS]'' under BIRDS.
Sec. 17.41 [Amended]
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3. Amend Sec. 17.41 by removing and reserving paragraph (k).
Brian R. Nesvik,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2026-03883 Filed 2-25-26; 8:45 am]
BILLING CODE 4333-15-P
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