[Federal Register: December 14, 2010 (Volume 75, Number 239)]
[Proposed Rules]
[Page 77801-77817]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de10-17]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2010-0041; MO 92210-0-0008]
RIN 1018-AV97
Endangered and Threatened Wildlife and Plants; Endangered Status
for Dunes Sagebrush Lizard
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, propose to list the
dunes sagebrush lizard (Sceloporus arenicolus), a lizard known from
southeastern New Mexico and adjacent west Texas, as endangered under
the Endangered Species Act of 1973, as amended. If we finalize the rule
as proposed, it would extend the Act's protections to this species. We
have determined that critical habitat for the dunes sagebrush lizard is
prudent but not determinable at this time.
DATES: We will consider comments received or postmarked on or before
February 14, 2011. We must receive requests for public hearings, in
writing, at the address shown in the FOR FURTHER INFORMATION CONTACT
section by January 28, 2011.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Search for docket FWS-R2-ES-2010-0041 and then follow the instructions
for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R2-ES-2010-0041; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all information received on http://
www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more details).
FOR FURTHER INFORMATION CONTACT: Wally ``J'' Murphy, Field Supervisor,
New Mexico Ecological Services Field Office, 2105 Osuna, NE.,
Albuquerque, NM 87113; by telephone 505-761-4718 or by facsimile 505-
346-2542. Persons who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 800-877-
8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from other concerned governmental agencies,
Native American Tribes, the scientific community, industry, or any
other interested parties concerning this proposed rule. We particularly
seek comments concerning:
(1) The historical and current status and distribution of the dunes
sagebrush lizard, its biology and ecology, and ongoing conservation
measures for the species and its habitat.
(2) Information relevant to the factors that are the basis for
making a listing determination for a species under section 4(a) of the
Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et
seq.), which are:
(a) The present or threatened destruction, modification, or
curtailment of the species' habitat or range;
(b) Overutilization for commercial, recreational, scientific, or
educational purposes;
(c) Disease or predation;
(d) The inadequacy of existing regulatory mechanisms; or
(e) Other natural or manmade factors affecting its continued
existence and threats to the species or its habitat.
(3) Which areas would be appropriate as critical habitat for the
species and why they should be proposed for designation as critical
habitat.
(4) The reasons why areas should or should not be designated as
critical habitat as provided by section 4 of the Act of 1973, including
whether the benefits of designation would outweigh threats to the
species that designation could cause, such that the designation of
critical habitat is or is not prudent.
Please note that submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, as section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or threatened
species must be made ``solely on the basis of the best scientific and
commercial data available.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section.
If you submit a comment via http://www.regulations.gov, your entire
[[Page 77802]]
submission--including any personal identifying information--will be
posted on the Web site. If your submission is made via a hard copy that
includes personal identifying information, you may request at the top
of your document that we withhold this information from public review.
However, we cannot guarantee that we will be able to do so. We will
post all hardcopy comments on http://www.regulations.gov. Please
include sufficient information with your comments to allow us to verify
any scientific or commercial information you include.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the New Mexico Ecological
Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Background
Previous Federal Action
On December 30, 1982, we published our notice of review classifying
the sand dune lizard (dunes sagebrush lizard) as a Category 2 species
(47 FR 58454). Category 2 status included those taxa for which
information in the Service's possession indicated that a proposed rule
was possibly appropriate, but for which sufficient data on biological
vulnerability and threats were not available to support a proposed
rule. Please note that we will be referring to this species throughout
this finding using the currently accepted common name of dunes
sagebrush lizard (Crother et al. 2008, p. 39).
On September 18, 1985, we published our notice of review re-
classifying the dunes sagebrush lizard as a Category 3C species (50 FR
37958). Category 3C status included taxa that were considered more
abundant or widespread than previously thought or not subject to
identifiable threats. Species in this category were not included in our
subsequent notice of reviews unless their status had changed.
Therefore, in our notice of review on November 21, 1991 (56 FR 58804),
the dunes sagebrush lizard was not listed as a candidate species.
On November 15, 1994, our animal candidate notice of review once
again included the dune sagebrush lizard as a Category 2 species (59 FR
58982), indicating that its conservation status had changed. On
February 28, 1996, we published a Candidate Notice of Review (CNOR)
that announced changes to the way we identify candidates for listing
under the Act (61 FR 7596). In that document, we provided notice of our
intent to discontinue maintaining a list of Category 2 species, and we
dropped all former Category 2 species from the list. This was done in
order to reduce confusion about the conservation status of those
species, and to clarify that we no longer regarded them as candidate
species. As a result, the dunes sagebrush lizard did not appear as a
candidate in our 1996 (61 FR 7596; February 28, 1996), 1997 (62 FR
49398; September 19, 1997), or 1999 (64 FR 57534; October 25, 1999)
notices of review.
In our 2001 CNOR, the dunes sagebrush lizard was placed on our
candidate list with listing priority number (LPN) of 2 (66 FR 54807;
October 30, 2001). Service policy (48 FR 43098, September 21, 1983)
requires the assignment of an LPN to all candidate species that are
warranted for listing. This listing priority system was developed to
ensure that the Service has a rational system for allocating limited
resources in a way that ensures that the species in greatest need of
protection are the first to receive such protection. A smaller LPN
reflects a need for greater protection than a larger LPN. The LPN is
based on the magnitude and immediacy of threats and the species'
taxonomic uniqueness with a value range from 1 to 12. A listing
priority number of 2 for the dunes sagebrush lizard means that the
magnitude and the immediacy of the threats to the species are high.
Since 2001, the species has remained on our candidate list with an LPN
of 2.
On June 6, 2002, the Service received a petition from the Center
for Biological Diversity to list the dunes sagebrush lizard. On June
21, 2004, the United States District court for the District of Oregon
(Center for Biological Diversity v. Norton, Civ. No. 03-1111-AA) found
that our resubmitted petition findings for the southern Idaho ground
squirrel, the dunes sagebrush lizard, and the Tahoe yellow cress that
we published as part of the CNOR on May 4, 2004 (69 FR 24876), were not
sufficient. The court indicated we did not specify what listing action
is proposed for the higher priority species that precluded publishing a
proposed rule for these three species, and that we did not adequately
explain the reasons why actions for the identified species are deemed
higher in priority, or why such actions result in the preclusion of
listing actions for the southern Idaho ground squirrel, sand dune
lizard, or Tahoe yellow cress. The court ordered that we publish
updated findings for these species within 180 days of the order.
On December 27, 2004, the Service published its 12-month finding,
which determined that listing was warranted, but precluded by higher
priorities (69 FR 77167). In that finding, the species remains on the
candidate list with a LPN of 2.
Species Information
The dunes sagebrush lizard is a small, light brown phrynosomatid
lizard (family Phrynosomatidae, genus Sceloporus) with a maximum snout-
to-vent length of 70 millimeters (mm) (2.8 inches (in)) for females and
65 mm (2.6 in) for males (Degenhardt et al. 1996, p. 160). Sabath
(1960, p. 22) first described the occurrence of light-colored sagebrush
lizards in southeastern New Mexico and western Texas. Kirkland L. Jones
collected the type specimen for Sceloporus arenicolus on April 27,
1968, in eastern Chaves County, New Mexico (Degenhardt et al. 1996, p.
159). Degenhardt and Jones (1972, p. 213) described the dunes sagebrush
lizard (Sceloporus graciosus arenicolus) as a subspecies of the
sagebrush lizard (Sceloporus graciosus). The dunes sagebrush lizard was
elevated to a species in 1992 and this elevation was validated with
molecular and morphological evidence in 1997 (Painter et al. 1999, p.
3). Much of the previous literature concerning Sceloporus arenicolus
refers to it by the common name of sand dune lizard (e.g., Degenhardt
et al. 1996, p. 159); however, the currently accepted common name is
dunes sagebrush lizard (Crother et al. 2008, p. 39).
The dunes sagebrush lizard's nearest relative is the sagebrush
lizard (Sceloporus graciosus), which is found in sagebrush habitat in
northwestern New Mexico. The dunes sagebrush lizard and sagebrush
lizard were isolated from each other about 15,000 years ago during the
late Pleistocene era, when areas that had become warm and dry separated
suitable habitat for each species. It is estimated that the shinnery
oak sand dune habitat with which the dunes sagebrush lizard is
associated was also formed during this time (Bailey and Painter 1994,
p. 22; Chan et al. 2008, p. 8). The dunes sagebrush lizard is a habitat
specialist that is native to a small area of shinnery oak dunes in
southeastern New Mexico and adjacent western Texas. The shinnery oak
dune habitat extends from the San Juan Mesa in northeastern Chaves
County, Roosevelt County, through eastern Eddy and southern Lea
Counties in New Mexico (Fitzgerald et al. 1997, p. 15). In Texas, the
dunes sagebrush lizard is found in a narrow band of shinnery oak dunes
in Gaines, Ward, Winkler, and Andrews Counties (Laurencio et al. 2007,
p. 8).
[[Page 77803]]
Dunes sagebrush lizards are active between March and October and
are dormant underground during the colder winter months. Mating has
been observed in April and May (Sena 1985, p. 17). Females produce one
to two clutches per year, with three to five eggs per clutch.
Hatchlings appear between July and September (Hill and Fitzgerald 2007,
p. 2; Sena 1985, p. 6).
Habitat
The dunes sagebrush lizard is considered to be a habitat specialist
because it has adapted to thrive only in a narrow range of
environmental conditions that exist within shinnery oak dunes. Its
survival is directly linked to the quality and quantity of available
shinnery oak dune habitat (Fitzgerald et al. 1997, p. 8). Shinnery oak
dune habitat is dependent upon the existence of shinnery oak (Quercus
havardii) in areas of appropriate sediment availability. Each shinnery
oak tree occurs primarily under ground, with only one-tenth of the
plant standing 0.6 to 0.8 meters (m) (2 to 3 feet (ft)) above ground
level. Shinnery oaks are clonal, meaning that each plant in a clone is
descended asexually from a single ancestor. One clone can cover up to
81 hectares (ha) (205 acres (ac)) and can live over 13,000 years,
although individual stems on the surface may not be that old (Peterson
and Boyd 1998, p. 5). These trees, with large root and stem masses and
an extensive underground system of horizontal stems, support the
dynamic dune system that is required by this lizard. Shinnery oak
generally grows in permeable sandy soils, and does not grow in areas
with high amounts of calcium carbonate or caliche, a hardened deposit
of calcium carbonate (Peterson and Boyd 1998, p. 7), as discussed
further below. Shinnery oak is very drought-tolerant and has a vertical
root system that extends 4.6 to 6.1 m (15 to 20 ft) below the surface
(Peterson and Boyd 1998, p. 5).
The unique shinnery oak dune ecosystem was formed in the late
Pleistocene era when wind erosion of the Blackwater Draw formation and
shinnery oak encroachment formed the dune system. The prevailing winds
blow from the southwest to the northeast, creating the sand
accumulation along the western edge of the Llano Estacado (a large mesa
or tableland) (Muhs and Holliday 2001, p. 82). The dune fields of
western Texas and eastern New Mexico are being stabilized by the
shinnery oak cover and would flatten without the stability provided by
this vegetation (Muhs and Holliday 2001, p. 75). The dune system is
stable in most areas except where land practices have caused vegetation
removal and shifting sands (Muhs and Holliday 1995, p. 198). It is
estimated that shinnery oak historically covered 1,068,370 ha
(2,640,000 ac) in New Mexico and 1,416,400 ha (3,500,000 ac) in Texas
(Peterson and Boyd 1998, p. 2). Large portions of this shinnery oak
habitat have been converted to cropland and rangeland. The shinnery oak
community is not spreading, and its boundaries have not changed since
early surveys, suggesting that new habitat is not being created
(Peterson 1992, p. 2).
In 1982, it was estimated that there was one million acres (404,686
ha) of shinnery oak dunes in New Mexico (McDaniel et al. 1982, p.12).
Currently, the amount of shinnery oak dune habitat is estimated to be
600,000 acres (248,811 ha), a 40 percent loss since 1982. Continued
loss of shinnery oak dunes within the geographic range of the dunes
sagebrush lizard since then has likely further decreased the amount of
habitat available.
The connection between dunes sagebrush lizards and the shinnery oak
dune system is very specific, and the range of the species is closely
linked to the distribution of shinnery oak dunes (Fitzgerald et al.
1997, p. 4). The landscape created by the shinnery oak dune community
is a spatially dynamic system. Shinnery oak and sand dunes form large
dune complexes that are separated by flat areas without dunes called
shinnery oak flats. It would be feasible to find dunes sagebrush
lizards in shinnery oak flats that are adjacent to occupied dunes.
Suitable habitat is separated by a mosaic of habitat types within or
near the range of dunes sagebrush lizard. Landforms separating habitat
may include mesquite hummocks, grasslands, and tabosa flats that are
lacking shinnery oak and dominated by tabosa grass (Hilaria mutica) and
scattered mesquite (Prosopis glandulosa).
Shinnery oak dune habitat is altered and moved by natural processes
like wind and rain. Over time, with wind and rain eroding sand dunes,
areas that contain dunes flatten out and new dunes form in the flats
(Muhs and Holliday 2001, p. 75). These new dune complexes may then
support dunes sagebrush lizards, so that areas that are currently
unoccupied may become occupied with shifts in dunes over time
(Fitzgerald et al. 1997, p. 27).
As discussed above, dunes sagebrush lizards are not found at sites
lacking shinnery oak dune habitat (Fitzgerald et al. 1997, p. 2).
Shinnery oak provides structure to the dune system, shelter for
thermoregulation (regulation of body temperature), and habitat for the
dunes sagebrush lizard's insect prey base (Bailey and Painter 1994, p.
22, Fitzgerald et al. 1997, p. 4). Within the shinnery oak dune system,
dunes sagebrush lizards are found in deep, wind-hollowed depressions
called blowouts, which are near vegetated edges where they escape under
leaf litter or loose sand during the hot part of the day and at night
(Painter et al. 2007, p. 3). The large, steep blowouts provide habitat
for thermoregulation, foraging, predator avoidance, and the dunes
sagebrush lizard's prey base. The diet of the dunes sagebrush lizard
includes ants (Order Hymenoptera, Family Formicidae) and their pupae;
small beetles (Order Coleoptera), including lady bird beetles (Family
Coccinellidae) and their larvae; crickets (Order Orthoptera);
grasshoppers (Order Orthoptera); and spiders (Order Araneae)
(Degenhardt et al. 1996, p. 160).
Sand grain size appears to be a limiting factor in the distribution
and occurrence of the dunes sagebrush lizard within the shinnery oak
dunes. Laboratory and field experiments designed to determine sand
grain preference demonstrated that dunes sagebrush lizards select sites
with more medium sand grains and do not use finer sands (Fitzgerald et
al. 1997, p. 6). Finer sand grain sizes are thought to limit the dunes
sagebrush lizard's ability to effectively breathe when they bury
themselves to avoid predators or to thermoregulate. Dunes sagebrush
lizards instead prefer sand that is suitable for burying but not too
fine to prevent respiration (Fitzgerald et al. 1997, p. 23). Sand grain
size is also important in the establishment of dune blowouts and can
influence the dune structure (Fitzgerald et al. 1997, p. 6).
The shinnery oak flats are used for movement of females to find
nesting sites and for possible dispersal of recent hatchlings (Hill and
Fitzgerald 2007, p. 5). Females often utilize more than one dune during
the nesting season and have home range sizes of about 436 square meters
(m\2\) (4,693 square feet (ft\2\)). The largest recorded home range is
2,799.7 m\2\ (9,185.4 ft\2\), which includes the movement of the
tracked female from her primary home range to her nesting site (Hill
and Fitzgerald 2007, p. 5). Females build nest chambers and lay eggs in
the moist soil below the surface. Nests have been observed on west-
facing, open sand slopes with little to no vegetation, approximately 18
centimeters (7.1 in) below the sand surface (Hill and Fitzgerald 2007,
p. 5).
[[Page 77804]]
Distribution
The dunes sagebrush lizard is limited to a narrow, isolated band of
shinnery oak dunes between elevations of 780 and 1,400 m (2,600 and
4,600 ft) in southeastern New Mexico and adjacent western Texas.
Populations are separated by vast areas of naturally unsuitable and
unoccupied habitat (Painter et al. 1999, p. 1).
New Mexico
The known geographic range of the dunes sagebrush lizard in New
Mexico includes portions of Chaves, Roosevelt, Lea, and Eddy Counties
(Fitzgerald et al. 1997, p. 23). At its widest, the dunes sagebrush
lizard's range is 2,693 hectares (6,654 ac) and in some areas is less
than 233 hectares (576 ac) wide (Fitzgerald et al. 1997, p. 2).
The distribution of the dunes sagebrush lizard in New Mexico was
not formally described until 1997, using the results of 169
standardized surveys conducted at 157 sites. Of the 157 sites surveyed,
72 sites were determined to be occupied by dunes sagebrush lizards.
Thirty of these sites are in Chaves County, 8 in Eddy County, 4 in
Roosevelt County, and 30 in Lea County (Fitzgerald et al. 1997,
Appendix 1). During 2008, 54 of the 72 positive sites that were
surveyed during the 1997 study were re-surveyed. Dunes sagebrush
lizards were absent from 11 of the 54 sites (20 percent) in which they
were recorded during the 1997 study (Painter 2008a, p. 1). Not all of
the 72 positive sites surveyed during the 1997 study were re-surveyed
in 2008 due to poor weather conditions or access issues. Additional
surveys were conducted during 2010 to investigate the status of the
population of dunes sagebrush lizards at the remaining sites. The total
number of historic sites that were surveyed in 1997 was 72, and 17 of
those (24 percent) no longer have lizards. Some of these sites have
been sprayed with tebuthiuron (a herbicide used to remove shinnery
oak), and some were in areas where the habitat was removed (Painter
2010, p. 1).
In New Mexico, there are three genetically and geographically
distinct populations of dunes sagebrush lizards: the northern
population (near Kenna, New Mexico), the central population (at the
Caprock Wildlife Area, north of US Highway 380), and the southern
population (near Loco Hills and Hobbs, New Mexico). These populations
are separated by geologic and ecologic landscape barriers, such as the
caliche caprock of the Llano Estacado plateau, mesquite hummock
landscapes, highways, roads, and oil and gas pads, that form areas of
unsuitable vegetation, and dune structure (Chan et al. 2008, p. 13).
The northernmost population near Kenna is evolutionarily considered to
be the youngest population that is now genetically isolated from the
central and southern populations. Genetic divergence of the northern
population from the central populations has occurred due to natural and
human-caused habitat conversion, including mesquite hummock landscapes,
road and pad construction associated with oil and gas development, land
conversion for agriculture, and the presence of short and tall grass
prairie (Chan et al. 2008, p. 13).
The southern population is considered to be the oldest population
of dunes sagebrush lizard and is genetically isolated from the central
population due to the presence of the uninhabitable caliche caprock of
the Llano Estacado plateau. Due to the presence of the caprock, where
dunes sagebrush lizards do not occur, suitable shinnery oak dune
habitat is limited to a narrow 8-km (4.9-mile) patch between the
southern and central populations. Data from Chan et al. (2008, p. 10)
suggest that conservation of large areas that contain a network of dune
complexes is needed to maintain historical levels of connectivity, and
maintain the unique genetic qualities of the three dunes sagebrush
lizard populations in New Mexico.
Texas
In Texas, the species was historically found in Andrews, Crane,
Ward, and Winkler Counties. During 2006 and 2007, surveys were
conducted to determine the current distribution of the dunes sagebrush
lizard in the State. Surveys were conducted at 27 sites (19 of these
sites were historical localities) that contained potential dunes
sagebrush lizard habitat in Andrews, Crane, Cochran, Edwards, Ward, and
Winkler Counties. Dunes sagebrush lizards were found at only 3 of the
27 sites surveyed (Laurencio et al. 2007, p. 7). Two of the sites were
in large patches of shinnery oak dunes that stretch through Ward,
Winkler, and Andrews Counties. In north and western Crane County,
shinnery oak dune habitat exists, but dunes sagebrush lizards were not
found. One dunes sagebrush lizard was found at a site in Gaines County
that is within the easternmost contiguous habitat that stretches from
the southernmost population in New Mexico (Laurencio et al. 2007, p.
11). The sites where dunes sagebrush lizards were detected in either
2006 or 2007 likely comprise the last occupied habitat for dunes
sagebrush lizards in Texas (Laurencio et al. 2007, p. 11). During these
surveys the search time to find dunes sagebrush lizards was between 68
and 115 person-minutes. The species is considered rare at sites where
it takes more than 60 minutes to find a dunes sagebrush lizard. By
comparison, at some sites in shinnery oak dune habitat in New Mexico,
74 percent of dunes sagebrush lizards are found within 31 person-
minutes. The longer search time required to encounter individuals in a
given area may represent a lower number of individuals in that area.
Future surveys should incorporate detection probabilities and utilize
standard survey techniques for the species, in order to more accurately
compare results.
Dunes sagebrush lizard populations in Texas are all on private land
except for the population at Monahans Sandhills State Park, a 1,554-ha
(3,840-ac) park where dunes sagebrush lizards were thought to be
extirpated after surveys were completed in 2007 (Laurencio et al. 2007,
p. 11). In 2010, the park was again surveyed, and dunes sagebrush
lizards were present (Fitzgerald 2010, p. 1). Monahans Sandhills State
Park is a well-known historic locality that is the only area where
dunes sagebrush lizards have been known to occur on public lands in
Texas. It is evident that the dunes sagebrush lizard is still present
at the park, but the negative survey data from 2007 suggests they may
be present in small numbers, and that further monitoring should be done
at this site.
Summary of Factors Affecting the Species
Section 4 of the Act (16 U.S.C. 1533), and its implementing
regulations at 50 CFR part 424, set forth the procedures for adding
species to the Federal Lists of Endangered and Threatened Wildlife and
Plants. Under section 4(a)(1) of the Act, we may list a species based
on any of the following five factors: (A) The present or threatened
destruction, modification, or curtailment of its habitat or range; (B)
overutilization for commercial, recreational, scientific, or
educational purposes; (C) disease or predation; (D) the inadequacy of
existing regulatory mechanisms; and (E) other natural or manmade
factors affecting its continued existence. Listing actions may be
warranted based on any of the above threat factors, singly or in
combination. Each of these factors is discussed below.
[[Page 77805]]
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
In 1982, there was an estimated 400,000 ha (1,000,000 ac) of
habitat suitable for the dunes sagebrush lizard in New Mexico. Today,
there is an estimated 240,000 ha (600,000 ac) of suitable habitat, a
decrease of 40 percent. Within the remaining suitable habitat, the
current occupied range is estimated to cover 405,599 ac (165,759 ha)
(McDaniel et al. 1982, p. 12). Other portions of the range have been
developed for oil and gas infrastructure. The shinnery oak community
that supports the dunes sagebrush lizard is now considered a highly
threatened community (Dhillion et al. 1994, p. 52). Changes in either
land management practices or climate that impact the vegetative
community could destabilize the dunes and reduce the potential for the
habitat to persist (Muhs and Holliday 2001, p. 86).
In addition to habitat loss, habitat fragmentation breaks up large
areas of suitable habitat into smaller patches. This causes the removal
of interior habitat, the loss of vegetation and cover, and an increase
in the proportion of habitat edge to interior. Habitat edge is the
outer portion of a patch that abuts converted or otherwise unsuitable
habitat, and it is where there are the greatest interactions between
the shinnery oak dune natural habitat and human-altered unsuitable
habitat (Dramsted et al. 1996, p. 27). Shinnery oak provides basic
needs that impact survivorship, growth, and reproductive ability for
the dunes sagebrush lizard. In general, interior habitat provides
protection from predators, habitat for mating and foraging, shade, and
habitat for the dunes sagebrush lizard's insect prey base (Degenhardt
et al. 1996, p. 160). It is thought that habitat edges that are
adjacent to well pads and roads do not provide the basic structure for
survivorship, growth, and reproduction. In general, individuals that
live near the habitat's edge have limited resources because the
exterior areas do not provide adequate shade, cover, or resources for
an insect prey base (Dramstad et al. 1996, p. 28).
We do not know how large habitat patches need to be in order to
maintain viable populations of dunes sagebrush lizards. However,
literature published on other lizard species has shown that populations
within smaller habitat patches have a greater risk of extinction than
those in large habitat patches because small patches support fewer
individuals and have a higher proportion of less suitable edge habitat
than more suitable interior habitat (Dramsted et al. 1996, p. 20).
Larger habitat patches provide vegetative cover, maintain dune
structure, and provide habitat for the insect prey base. Dunes
sagebrush lizard populations move across the landscape with the
movement of the shinnery oak dune system. The movement of this dynamic
system could be interrupted by habitat fragmentation that would prevent
the natural shift in dunes and cause the current dune structures to
collapse. There is no evidence to suggest that dunes sagebrush lizards
will traverse unsuitable habitat to find suitable habitat patches
(Fitzgerald et al. 1997, p. 26). Connectivity and movement between
patches could play an important role in determining the occupancy and
sustainability of each patch (Barrows and Allen 2007, p. 66). Removal
of a patch reduces the size of a population, increasing the probability
of local extinctions and reducing the stability of the population
(Dramsted et al. 1996, p. 23). If dunes sagebrush lizards are unable to
move between habitat patches because of fragmentation and habitat loss,
genetic diversity will be lost (Chan et al. 2008, p. 10). For this
reason, areas of apparently suitable, but currently unoccupied habitat
may be important to the long term survival of dunes sagebrush lizards,
but we have no data to support this hypothesis for dunes sagebrush
lizards.
In the dynamic shinnery oak dune system, habitat patches have not
been consistent over time, and genetic diversity of populations has
historically been linked to the connectivity of the entire system (Chan
et al. 2008, p. 10). The habitat for the dunes sagebrush lizard is
currently patchy and fragmented throughout the dunes sagebrush lizard's
range, and populations are not connected by suitable habitat due to
natural and human-caused processes (Chan et al. 2008, p. 10).
Therefore, the loss of habitat and fragmentation can lower migration
rates and genetic connectivity among remaining populations of dunes
sagebrush lizards, reducing genetic variability and increasing
extinction risk.
For the similar sand-dwelling Coachella Valley fringe-toed lizard
(Uma inornata), a decrease in habitat patch size resulted in an
increased probability of local extinction. For isolated habitat patches
to sustain lizard populations, patch size needed to be at least 100 ha
(247 ac) (Chen et al. 2006, p. 28). When large habitat patches are
divided into smaller patches, there is increased edge habitat,
decreased interior habitat, and increased probability of local
extinction of the species within these patches. Lizards within smaller
habitat patches have an increased chance of going extinct because they
have less of a barrier between the core patch and the habitat
disturbance. The probability of a species going extinct in local
habitat patches increases with the increasing isolation and decreasing
size of that patch (Dramstad et al. 1996, pp. 20-24). Additional
research will verify if this is true for dunes sagebrush lizard.
The shinnery oak dune system has undergone extensive alteration and
fragmentation because of past and present land uses, including oil and
gas development, habitat conversion for cropland and rangeland, and
off-highway vehicle (OHV) use (Painter et al. 1999, p. 1). Due to
habitat conversion and fragmentation, there are historical areas that
no longer support populations of dunes sagebrush lizards (Sias and
Snell 1997, p. 1; Laurencio et al. 2007, p. 1; Chan et al. 2007, p.
337). In Texas, dunes sagebrush lizards no longer occupy 86 percent of
the historically occupied sites (Laurencio et al. 2007, p. 5). Dunes
sagebrush lizards were not found at 20 percent of historically occupied
sites that were surveyed during distribution studies in New Mexico
(Painter et al. 2008, p. 1). Other threats that are also expected to
contribute to habitat loss, modification, or fragmentation in the
future include wind and solar energy development, climate change
(discussed in Factor E, below), and die-off of shinnery oak due to
natural events.
Oil and Gas Development
The infrastructure for oil and gas development includes roads, pads
where well pumps and drilling rigs are placed, battery tanks, power
lines, pipelines, and injection wells. As discussed below, increased
oil and gas development in the range of the dunes sagebrush lizard,
including seismic exploration, has caused direct and indirect effects
to dunes sagebrush lizard habitat. Removal and fragmentation of dunes
sagebrush lizard habitat has been caused by a grid of roads and pads,
pipelines, and power lines that are found throughout the entire range
of the dunes sagebrush lizard. Oil and gas extraction activities have
destroyed and fragmented dunes sagebrush lizard habitat and have
resulted in population losses, including all localities within
northeastern Crane County, Texas, where historical populations have
been extirpated (Laurencio et al. 2007, p. 9). A 2007 report from the
Bureau of Land Management (BLM) (pp. 3-16) states
[[Page 77806]]
that there have been significant reductions of dunes sagebrush lizard
population sizes in New Mexico that are associated with surface
disturbance and removal of shinnery oak due to activities such as oil
and gas development, herbicide treatment, and the creation of roads
associated with new rights-of-way. According to the BLM's data, 65
percent of occupied or suitable shinnery oak habitat across the
lizard's range in New Mexico, has been fragmented with roads and well
pads (Hill 2008, pers. comm.).
Much of the dunes sagebrush lizard's current range has been
developed or is planned for future oil and gas development. In Texas,
over 50 percent of oil production occurs in Districts 8 and 8A (Texas
oil and gas districts); these districts overlap the known geographic
range of dunes sagebrush lizards (Tarver and Dasgupta 1997, p. 3670).
Currently, 70 percent of land within the New Mexico range of the
dunes sagebrush lizard has been leased by private entities, BLM, or the
New Mexico State Land Office (NMSLO) for oil and gas exploration and
development (Winter 2010, p. 2). Seventy-one percent of the minerals
within the range of the dunes sagebrush lizard are Federally owned and
fall under BLM lease stipulations and the Pecos District (NM) Special
Status Species Resource Management Plan Amendment (RMPA). The RMPA was
developed to address sensitive species conservation concerns and to
establish the minimum requirements that will be applied to all future
Federal activities covered by the RMPA for both the dunes sagebrush
lizard and the lesser prairie chicken (Tympanuchus pallidicinctus),
which share some common habitat in New Mexico.
Density of Wells and Well Pads
In New Mexico, Sias and Snell (1998, p. 3) reported a negative
relationship between oil well density and dunes sagebrush lizard
abundance and noted an environmental sensitivity not found in other
reptile species. Dunes sagebrush lizard abundance declined by 25
percent when there were 13 oil or gas well pads per section (each
section has an area of approximately 260 ha (640 ac)), and the number
of dunes sagebrush lizards declined by 50 percent when there were 29
pads per section (Sias and Snell 1998, p. 3). Any shinnery oak dune
habitat within 600 m (1968 ft) of any well supported 31 to 52 percent
fewer dunes sagebrush lizards than areas farther than 600 m (1968 ft)
from a well (Sias and Snell 1998, p. 1).
The 172,900 ha (427,200 ac) of shinnery oak dune habitat that have
been fragmented with roads and well pads have 5,911 oil well pads or
injection wells and 529 gas wells. Each oil pad averages 2 or 3 acres,
and each gas pad averages 3 or 4 acres. Currently there are
approximately 9,700 ha (24,000 ac) of well pad disturbance in New
Mexico, not including roads, within the area occupied by the dunes
sagebrush lizard (Hill et al. 2008, p. 1).
The oil field with the greatest impact to dunes sagebrush lizard
habitat is in the southern part of the dunes sagebrush lizard's range,
where the density of roads and well pads may be contributing to further
separation of the southern population from the central population of
dunes sagebrush lizards (Chan et al. 2008, p. 9). This development
covers an area of shinnery oak dunes measuring 8 km (5 mi) by 26 km (16
mi) between U.S. Highway 82 and U.S. Highway 62 in Lea and Eddy
Counties. In this area there are 142 sections (36,780 ha (90,880 ac))
where the well pad density is greater than 13 wells per section.
Throughout the southern part of the dunes sagebrush lizard's range, the
majority of these sections of land have greater than 20 wells per
section, and some have greater than 40 wells per section. The highest
density of well development in this area has more than 60 wells per
section with a maze of associated roads (Hill et al. 2008, p. 1). In a
special species planning area within BLM's Pecos District, which
incorporates all of the dunes sagebrush lizard's habitat on BLM land in
New Mexico, approximately 100 new wells per year are to be drilled over
the next 20 years (BLM 2007, p. 4-37).
An example of the impacts of well placement on the dunes sagebrush
lizard can be found in two sections (approximately 520 ha (1,280 ac))
of shinnery oak dune habitat in the area of Loco Hills in the southern
part of the dunes sagebrush lizard's range in Eddy County (40 km (25
mi) east of Artesia). This area once supported one of the most
persistent populations of dunes sagebrush lizards in the State and was
used for many years as an observation site for students and researchers
studying the dunes sagebrush lizard. As of 2003, over 40 oil wells had
been placed on these sections; extensive surveys conducted in this area
found no dunes sagebrush lizards present (Service 2007, p. 5;
Fitzgerald 2008, p. 1).
Hatchling and adult dunes sagebrush lizards have been found in
shinnery oak flats between large dunes, suggesting that the area
between the sand dunes is important for dispersal. Surveys by the BLM
recorded dunes sagebrush lizards in the shinnery oak flats (Bird 2007,
p. 2). In the past, oil and gas development has been directed into the
shinnery oak flats and out of the dune complexes to lessen the impact
to the dunes sagebrush lizard. However, development in the shinnery oak
flats may be affecting dispersal of the dunes sagebrush lizards from
one dune complex to another (Painter et al. 2007, p. 3). Currently
there are no considerations being made for maintaining these
undeveloped corridors in shinnery oak flats between dune complexes,
which may be a significant threat to dunes sagebrush lizard dispersal.
Roads and Well Pads
Based on various studies in similar lizard species, it would be
expected that there would be negative impacts to dunes sagebrush lizard
habitat as a result of roads and pads associated with oil and gas
development. These impacts include soil compaction, decreased stability
of microclimates, loss of habitat, decreased habitat quality, division
of the ecosystem with artificial gaps, abrupt habitat edges, conversion
of habitat interior to habitat edge, and introduction of nonnative weed
species (Endriss et al. 2007, p. 320; Delgado-Garcia et al. 2007, p.
2949). Negative impacts of roads and pads to the lizard populations
include the subdivision of populations into smaller and more vulnerable
patches; inhibited access to resources for foraging, breeding, nesting,
predator avoidance, and thermoregulation; behavior modification; and
direct mortality due to collisions (Jaeger et al. 2005, p. 329;
Ingelfinger and Anderson 2004, p. 385; Delgado-Garcia et al. 2007, p.
2949; Ballesteros-Barrera et al. 2007, p. 736; Sias and Snell 1995, p.
28). When the shinnery oak dune habitat is destroyed or fragmented by
roads and pads, the resources provided by the shinnery oak are
subsequently reduced. In studies of other lizard species where habitat
is highly fragmented, lizards are limited to small habitat patches.
These studies have also found increased mortality due to collisions
with vehicles and inaccessibility to habitat, mates, and prey reduce
the population size and population persistence (Delgado-Garcia et al.
2007, p. 2949).
A common method of creating roads and pads in dune areas is to
truck caliche (soil with high amounts of calcium carbonate) into the
sand system. Dunes sagebrush lizards are not found in areas with
compact soil, like that of caliche roads and well pads (Fitzgerald et
al. 1997, p. 3). Shinnery oak requires permeable sand in order to
[[Page 77807]]
establish and grow and does not grow in areas with high amounts of
calcium carbonate (Peterson and Boyd 1998, p. 6).
The vast network of roads and pads throughout the shinnery oak dune
habitat alters the habitat, making it difficult for shinnery oak to
persist; the trees cannot grow through compacted areas, with increased
calcium carbonate, or through permanently paved areas. Well pad and
road construction removes shinnery oak, and further degrades the
habitat by compacting the soil. After well pads are abandoned, shinnery
oak does not reestablish unless the caliche is removed (Boyd and
Bidwell 2002, p. 332).
The current existence and future establishment of roads and well
pads throughout the dunes sagebrush lizard's habitat is a significant
threat to the species throughout its range. Impacts from roads and well
pads cause the loss of basic needs including habitat for foraging,
breeding, nesting, predator avoidance, and thermoregulation.
Pipelines
Every oil or gas well has an associated pipeline, and each oil or
gas company has a separate right-of-way for each pipeline. Pipelines
located throughout suitable and occupied dunes sagebrush lizard habitat
destabilize dunes because heavy equipment is used to remove shinnery
oak and bury the lines in the sand. Pipelines also expose dunes
sagebrush lizards to petroleum chemical leaks and an increased
likelihood of being crushed by OHV travel due to maintenance crews
using vehicles along pipelines (Sias and Snell 1998, p. 3). On May 16,
2010, a pipeline burst in dunes sagebrush lizard habitat, spraying oil
into the air and across the landscape (Leavitt 2010, p. 1). These
spills introduce toxins and contaminants into the soil and cover
surrounding vegetation.
There have been numerous recorded instances of reptiles and
amphibians being trapped in pipeline, waterline, and telecommunication
line trenches (Hawken 1951, p. 81; Anderson et al. 1952, p. 276). For
example, in 2001, a 4.8-km (3.0-mi) long telecommunication line trench
(similar in structure to pipeline trenches) on Albuquerque, New
Mexico's West Mesa was monitored for trapped animals. During 23 days of
monitoring, 298 reptiles and amphibians, including several lizard
species, were removed from the trench (Painter 2008, p. 1). There were
no escape ramps along the trench, so it was impossible for animals to
escape.
During a distribution survey for dunes sagebrush lizards in July
2008, the New Mexico Department of Game and Fish (NMDGF) found an open
pipeline ditch that went through State, private, and BLM land. The open
ditch was approximately 1.2 m (4 ft) wide and 1.2 m (4 ft) deep,
bisecting a dune complex known to be occupied with dunes sagebrush
lizards. The large, open ditch had formed a pitfall trap where animals
could not escape if they fell in. There were no dunes sagebrush lizards
found in the ditch at the time of the survey, but other reptiles were
found in the ditch, and surveyors were concerned that dunes sagebrush
lizards could easily be trapped in the ditch (Currylow et al. 2008, p.
1).
Some existing pipelines located within shinnery oak dunes provide
temporary dune-like areas where dunes sagebrush lizards are found.
Twenty-four percent of dunes sagebrush lizards found during BLM surveys
were found along pipelines adjacent to shinnery oak dunes (Bird 2006,
p. 2), although it is not known how dunes sagebrush lizards utilize
existing pipelines (Sias and Snell 1998, p. 5; Bird 2005, p. 1; Bird
2006, p. 1; Bird 2007, p. 1), and it is unclear whether these areas
provide permanent habitat.
Pipelines are located throughout the range of the dunes sagebrush
lizard, are currently being built with every well pad, and will
continue to be built in the future. There are no established corridors
for pipelines and each pipeline has its own right-of-way, making for
new disturbed areas each time a pipeline is established. We believe
pipelines pose a significant threat to the dunes sagebrush lizard in
areas where oil and gas infrastructure is most dense, especially as
increases in oil and gas activities expand in the central and northern
parts of the range of the species. Unless they are routed around
habitat, the current existence and future establishment of pipelines
throughout the dunes sagebrush lizard's habitat is a significant threat
to the species throughout its range.
Seismic Exploration
Seismic exploration utilizes artificially induced shock waves to
search for subsurface deposits of crude oil, natural gas, and minerals,
and to facilitate the location of prospective drilling sites. Shock
waves are produced by vibratory mechanisms mounted on specialized
trucks known as thumper trucks that weigh approximately 60 tons.
Seismic waves then reflect and refract off subsurface rock formations
and travel back to acoustic receivers called geophones. The time it
takes for seismic energy to return aids in the estimation of the
structure and stratigraphy of subsurface formations (Pendleton et al.
2008, p. 1). Seismic exploration is conducted prior to the development
of oil and gas fields, in order to determine the below surface
availability of oil or gas and refine the placement of well pads.
Seismic exploration for oil and gas is a periodic threat to the
dunes sagebrush lizard and its habitat. Threats to dunes sagebrush
lizard habitat occur because heavy thumper trucks can cause the
destabilization of dunes by driving through dune complexes (Painter
2004, p. 4). Seismic exploration can also pose a direct threat to the
dunes sagebrush lizard. Dunes sagebrush lizards are dormant and
immobile during colder winter months (October through March). If
seismic exploration occurs during the winter months when dunes
sagebrush lizards are dormant beneath the soil surface and unable to
move, dunes sagebrush lizards could be crushed. If the exploration
occurs during the nesting season, eggs that are buried below the
surface could also be destroyed (Painter 2004, p. 4). Seismic
exploration poses an imminent threat for a short period of time while
the trucks are crossing a given area. Once an area has been surveyed,
it will likely not be surveyed again. Proposed seismic explorations in
an area north of the Loco Hills will cover up to 650 ha (1,600 ac) of
suitable and occupied dunes sagebrush lizard habitat and pose an
indirect threat through further development, which will lead to habitat
fragmentation and isolation (discussed above) north of the already
dense oil fields in Loco Hills. There are ongoing permit applications
for seismic exploration within both occupied and unoccupied suitable
habitat across the range of the dunes sagebrush lizard. We believe that
seismic exploration is a localized threat with moderate impacts to
individual dunes sagebrush lizards, but it is usually a prelude to the
future expansion of oil and gas development in an area.
Wind and Solar Energy Development
Eastern New Mexico and western Texas are highly suitable areas for
wind and solar energy development. The NMSLO has leased 1,520 ha (3,757
ac) of trust land in Chaves and Roosevelt Counties to Xcel Energy for a
120-megawatt (MW) wind farm. Additionally, two new wind projects are
under development on State trust lands in Chaves County, and one in
Eddy County. The Service has also been contacted by a consultant for a
wind energy farm to be located in Lea County, near Tatum, New Mexico.
The proposed
[[Page 77808]]
project area is near the range of the dunes sagebrush lizard (Riley
2008).
The infrastructure for wind and solar energy would cause similar
habitat fragmentation as that produced by oil and gas development.
Potential direct effects to the dunes sagebrush lizard from wind energy
development include physical disturbance during construction and
maintenance of a project, habitat loss, and habitat fragmentation
associated with the infrastructure of the project. A wind farm
infrastructure typically consists of: (1) The physical disturbance
around a tower; the area of a turbine workspace during construction
(temporary) is usually a 46 to 61 m (150 to 200 ft) radius around the
turbine and permanently a 15 m (50 ft) radius; (2) Gravel access roads
linking wind turbines strings to each other and to existing roads; (3)
Area for a concrete batch plant, if required; and (4) Buildings housing
electrical switchgear, supervisory control and data acquisition central
equipment, and maintenance facilities. Additionally, vehicle traffic to
turbines over the life of the facility, expected to average 20 years,
could pose a threat similar to the infrastructure of oil and gas
development to the dunes sagebrush lizard. Alteration of habitat
related to wind energy development could influence habitat suitability
for this species; however, we are unaware of any studies at wind energy
development sites that have examined these effects.
Although there is no specific information available to implicate
wind or solar energy development as a threat to the dunes sagebrush
lizard at this time, there is concern regarding potential effects if
wind and solar development were to occur in the species' habitat. More
information is necessary to determine if any effects will result from
specific alternative energy projects that will be located within dunes
sagebrush lizard habitat. However, the BLM's RMPA states that
applications to permit either solar or wind energy on public land
within the RMPA planning area will not be approved unless the applicant
can demonstrate, using peer-reviewed science, that there will be no
negative impacts to dunes sagebrush lizards.
Off-Highway Vehicle (OHV) Use
An OHV is any motorized vehicle capable of or designated for travel
on or immediately over land, water, or other natural terrain. This
could include motorcycles and off-highway motor bikes, all terrain
vehicles, dune buggies, snowmobiles, most four-wheel drive automobiles,
and any other civilian vehicle specifically designed for off-road
travel (Ouren et al. 2007, p. 4). Extensive use of OHVs can cause soil
compaction, reduce plant cover, and degrade habitat (Ouren et al. 2007,
p. 4), causing the loss of basic needs including habitat for foraging,
breeding, nesting, predator avoidance, and thermoregulation for lizard
species (Jaeger et al. 2005, p. 329; Ingelfinger and Anderson 2004, p.
385; Delgado-Garcia et al. 2007, p. 2949; Ballesteros-Barrera et al.
2007, p. 736). Research in other dune systems has found that in areas
where plant cover is reduced, there are greater rates of erosion that
would lead to dune destabilization. Routes used by OHVs form mazes
through large areas of dunes, fragmenting the habitat and reducing
habitat connectivity at a landscape level (Ouren et al. 2007, p. 5).
Studies on other lizard species have found that OHV travel causes
increased mortality due to lizard collisions with the vehicles
themselves (Delgado-Garcia et al. 2007, p. 2949).
Use of OHVs has been determined to be one of the greatest threats
to the Coachella Valley fringed toed lizard, which is another dune-
restricted lizard species (Painter 2004, p. 5). The presence of OHV
pathways throughout dunes sagebrush lizard's habitat led researchers to
believe that high levels of OHV activities were the cause for
population losses in Texas (Laurencio et al. 2007, p. 10), but that is
likely not the primary cause of extirpations in New Mexico (Painter
2004, p. 5). Nevertheless, OHV use is a factor impacting the species
within parts of its geographic range. For example, on BLM land in New
Mexico, established OHV areas such as the Square Lake Dune Complex and
the Mescalero Sands North Dune OHV Area are adjacent to or within
habitat occupied by the dunes sagebrush lizard. These OHV areas were
established to concentrate OHV use to designated areas, and BLM made
some dune complexes off limits to OHV use. The OHV use planned for the
Square Lake Dune Complex is limited to existing roads, trails, and
unvegetated dunes (BLM 2007, p. 4-45). This area is currently being
used by OHVs, and BLM plans to formally designate this area for OHV
use. Because the shinnery oak dunes in this area are occupied by dunes
sagebrush lizards (Fitzgerald et al. 1997, Appendix 1), any violation
of the limitations of OHV use to existing roads, trails, and
unvegetated dunes is likely to negatively impact the dunes sagebrush
lizards in this shinnery oak habitat.
The Mescalero Sands North Dune OHV Area is considered an open area
of more than 600 acres (243 ha), where vehicles are not restricted to
designated trails (BLM 2007, p. 4-45), although this OHV area is
occupied by dunes sagebrush lizards (Fitzgerald et al. 1997, Appendix
1). Authorized OHV activities have degraded shinnery oak dunes,
potentially crushed dunes sagebrush lizards, and introduced weed
species within the otherwise open dune blowouts (Hill 2008b, p. 1). At
this OHV area, all surveyed dunes have multiple OHV trails, exposed
shinnery oak roots, and erosion, and no dunes sagebrush lizards were
detected in this area (Hill 2008b, p. 1).
In areas that are not designated for OHV use, there are no signs
identifying that the area is closed to OHV traffic, and law enforcement
is limited. There are restrictions to OHV use on lands managed by BLM
and the State of New Mexico, but there is no signage and little
enforcement. As a result, dune habitat is being destroyed and modified
(Hill 2008b, p. 1). Although OHV use is not known to be occurring in
all portions of the range of the dunes sagebrush lizard, we believe it
is a significant threat to the species where occupied dunes are located
in OHV areas and extensive habitat degradation occurs. Off-highway
vehicle use is not considered to be the most significant threat to the
dunes sagebrush lizard, but it does contribute to a decline of habitat
in areas where it is prevalent.
Shinnery Oak Removal
Shinnery oak is removed for the purpose of clearing for agriculture
and for grazing. Shinnery oak is toxic to cattle when it first produces
leaves in the spring, and it also competes with more palatable grasses
and forbs for water and nutrients (Peterson and Boyd 1998, p. 8).
Shinnery oak is also managed for the control of boll weevil (Anthonomus
grandis), which destroys cotton crops. Boll weevils overwinter in areas
where large amounts of leaf litter accumulate. Fire is used to remove
leaf litter, and then tebuthiuron, an herbicide, is used to remove
shinnery oak (Plains Cotton Growers 1998, pp. 2-3). Over 40,000 ha
(100,000 ac) of shinnery oak in New Mexico and 400,000 ha (1,000,000
ac) of shinnery oak in Texas have been lost due to the spraying of
tebuthiuron and other herbicides (Peterson and Boyd 1998, p. 2).
A 5-year study was conducted to determine the effects of
tebuthiuron application on the dunes sagebrush lizard. This study
documented that dunes sagebrush lizards were absent at 50 percent of
the previously occupied sites where spraying had occurred
[[Page 77809]]
(Painter et al. 1999, p. 2). Shinnery oak removal results in dramatic
reductions and extirpations of dunes sagebrush lizards (Snell et al.
1997, p. 8). For example, the extirpation of dunes sagebrush lizards
was repeatedly confirmed by Snell et al. (1997, p. 1) from areas that
were treated with herbicides to remove shinnery oak. Dunes sagebrush
lizard numbers dropped 70 to 94 percent in areas that were chemically
treated, compared to adjacent untreated plots. Some plots experienced
100 percent population loss in areas treated with tebuthiuron. Painter
et al. (1999, p. 38) estimated that about 24 percent of the total dunes
sagebrush lizard habitat in New Mexico had been eliminated by 1999 due
to herbicide spraying.
Habitat loss and dunes sagebrush lizard declines are not linked to
the actual application of tebuthiuron, but rather to the long-term
effects associated with the removal of shinnery oak habitat (Snell et
al. 1997, p. 3). Herbicide spraying removes or reduces natural shinnery
oak vegetation and creates smaller habitat patches rather than
naturally occurring large expanses of shinnery oak. Given the history
and current practices of herbicide application within dunes sagebrush
lizard habitat, much of the remaining areas are at risk. For example,
if further parcels of suitable dunes sagebrush lizard habitat are
treated, smaller habitat patches would be created, and we would expect
the movement of dunes sagebrush lizards between local populations will
be restricted. This could lead to further extirpations of dunes
sagebrush lizards within patches.
On BLM lands, the RMPA states that tebuthiuron may only be sprayed
in shinnery oak habitat if there is a 500-m (1,600-ft) buffer around
dunes, and that no chemical treatments should occur in suitable or
occupied dunes sagebrush lizard habitat (BLM 2007, p. 4-22). However,
the NMSLO and private land owners continue to use tebuthiuron to remove
shinnery oak for cattle grazing and agriculture. The Natural Resource
Conservation Service's herbicide spraying has treated shinnery oak in
at least 39 counties within shinnery oak habitat, which includes all of
the counties with suitable and occupied habitat for the dunes sagebrush
lizard (Peterson and Boyd 1998, pp. 4). The BLM also treats mesquite
with herbicides to improve livestock forage. In order to treat
encroaching mesquite, BLM aerially treats mesquite with a mix of the
herbicides Remedy (triclopyr) and Reclaim (clopyralid). According to
the RMPA, occupied and suitable habitat for the dunes sagebrush lizard
should not be treated. These chemicals are used to treat the adjacent
mesquite, but can also kill shinnery oak, depending on the
concentration.
Ongoing removal of shinnery oak on State and private lands in New
Mexico and Texas is an imminent threat to the dunes sagebrush lizard
with long-term negative effects. Buffering an individual dune from
shinnery oak spraying is not sufficient to keep the habitat intact.
Because the majority of the shinnery oak plant is underground and acts
to stabilize the dunes, its removal in the vicinity of the dune will
cause the dune to collapse (Muhs and Holliday 2001, p. 75).
We believe that the removal of shinnery oak with herbicides such as
tebuthiuron is a significant threat to the dunes sagebrush lizard
throughout its range. Habitat in which shinnery oak is removed with
herbicides fails to meet the basic needs of the dunes sagebrush lizard,
including foraging, breeding, nesting, predator avoidance, and
thermoregulation. Habitat fragmentation has caused and will continue to
cause inaccessibility to habitat, mates, and prey that could reduce the
population size; threaten population persistence; and potentially cause
local extirpations of dunes sagebrush lizards.
Grazing
As discussed above, removal of shinnery oak to improve rangelands
is a threat to the dunes sagebrush lizard; however, there may also be
direct impacts of grazing on dunes sagebrush lizards. While there has
been no specific research regarding the impacts of grazing on dunes
sagebrush lizards, dunes sagebrush lizards have been found in areas
that are moderately grazed (Painter et al. 1999, p. 32). In shinnery
oak dune habitat, high densities of livestock can lead to
overutilization and result in reduced ground cover, increased annual
grasses and forbs, decreased perennial grasses, and increased erosion
(Painter et al. 1999, p. 32). These conditions can be adverse for the
dunes sagebrush lizard. Some research has shown that high levels of
grazing removes grasses and forbs, compacts the soil, increases bare
ground, and reduces water infiltration. These conditions could alter
dune structure and decrease vegetation availability for foraging,
mating, and predator avoidance (Smith et al. 1996, p. 1307; Castellano
and Valone 2006, p. 87). While it is clear from this discussion that
shinnery oak removal to improve rangeland conditions is a threat to the
species, the direct impact of grazing on dunes sagebrush lizards is
unknown at this time.
Other Factors Impacting Shinnery Oak
In discussions with BLM habitat specialists, the Service learned
that there are many natural events that can impact the shinnery oak
dune system and have results similar to spraying with herbicide. Sudden
oak death, infestation by root-boring insects, and a known moth
parasite can quickly defoliate and kill large stands of shinnery oak
(Hill 2008a, pers. comm.). According to BLM habitat specialists, in a
system that is susceptible to environmental extremes, events such as
drought and late freezes could cause dramatic shifts in the available
habitat. For example, in early May of 2008, thousands of acres of
shinnery oak dune habitat in the Caprock Wildlife Area in east central
Chaves County, New Mexico, were defoliated. After reviewing the
situation, Service and BLM staff determined that the defoliation was
caused by the combination of low precipitation during the winter and a
late freeze that stressed the oak. By early June, the trees had leafed
out and were once again providing habitat for the dunes sagebrush
lizard (Hill 2008a, pers. comm.). Large habitat patches are more likely
than small, fragmented sites to be resilient to natural events.
All of these factors could potentially cause the decline of
shinnery oak habitat, and thus lead to the decline of dunes sagebrush
lizards. The likelihood of habitat loss due to natural events is
unknown and not predictable. Although these factors likely impact
shinnery oak, we are unable to determine the long-term impact on
shinnery oak dunes and dunes sagebrush lizards.
Summary of Factor A
Habitat specialists with limited geographic ranges, such as the
dunes sagebrush lizard, are more vulnerable to habitat alterations than
wide-ranging habitat generalists (Ballesteros-Barrera et al. 2007, p.
733). Habitat fragmentation and the overall reduction of shinnery oak
dune habitat will impact survivorship, growth, and reproductive ability
by increasing edge habitat and decreasing available cover. This will
lead to smaller populations and will decrease connectivity between
populations (Chan et al. 2008, p. 9). The size of the habitat patches
and suitable dune complexes will influence the probability of
individual habitat patches being eliminated in this dynamic system. It
is important to maintain connectivity between shinnery oak dune patches
in each of the geographic areas across the dunes sagebrush lizard's
known range (Chan et al. 2008, p. 9).
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Because the habitat in both New Mexico and Texas is narrow and
isolated, the dunes sagebrush lizard may be vulnerable to habitat
degradation and the potential for habitat and range expansion may be
unlikely.
Removal of shinnery oak within occupied habitat poses a serious
threat by generating or increasing a variety of stressors for the dunes
sagebrush lizard, a species that depends on a very specialized dynamic
system to survive. Shinnery oak stabilizes dunes in the short term, but
overall the dunes are dynamic and slowly shifting across the landscape.
Without shinnery oak, sands are not held in place and the entire dune
community will be susceptible to wind erosion (Muhs and Holliday 1995,
p. 198), thereby threatening the long-term persistence of the species.
The dunes sagebrush lizard is threatened by habitat loss and
fragmentation due to oil and gas development, and to shinnery oak
removal for rangeland improvement and conversion to use for
agriculture. Additionally, while renewable energy development, OHV use,
and other impacts to shinnery oak are not considered to be major
threats to the species, these activities represent additional stressors
to the habitat of the species. For these reasons, we consider the
cumulative habitat impacts in Factor A to be a threat to the dunes
sagebrush lizard throughout its range, both now and continuing into the
foreseeable future.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The dunes sagebrush lizard is not a commercially valuable species,
but could be increasingly sought by collectors due to its rarity. Areas
inhabited by this species are open to public access, and populations
that are thought to be small and localized could be affected and
possibly extirpated if collection pressures increase. Scientific
collecting is not thought to represent a significant threat to
localized populations. Further, the States of New Mexico and Texas
require scientific collecting and research permits for the dunes
sagebrush lizard (NMDGF 1978, p. 7; TX House Bill 12, 2007, p. 1).
Therefore, we do not consider overutilization to be a threat now or in
the foreseeable future.
C. Disease or Predation
Disease and Parasites
There are no specific studies on the impacts of disease or
parasitism on dunes sagebrush lizards, but studies have been conducted
on close relatives within the genus Sceloporus. Sceloporus lizards
infected with malaria have reduced volumes of red blood cells, reduced
hemoglobin (the protein that carries oxygen in the blood), impaired
physical stamina, reduced fat stores, reduced number of offspring, and
smaller testes (Klukowski and Nelson 2001, p. 289). The incidence of
infection of malaria in Sceloporus lizards is dependent on the lizard's
age, size, genetic background, and gender (Klukowski and Nelson 2001,
p. 289). Other lizards in the genus Sceloporus have parasitic
helminthes (a type of parasitic worm) in their gut. These helminthes
have not been found in high number in dunes sagebrush lizards (Goldberg
et al. 1995, p. 190). In general, other stressors in the environment,
such as habitat degradation and pollution, may weaken species' immune
systems and make them more susceptible to disease (Whitfield et al.
2000, p. 657). Disease and parasitism are not currently known to be
threats to the dunes sagebrush lizard, but may need to be investigated
in areas where their population declines and losses are unexplained.
Predation
During Hill and Fitzgerald's (2007) nesting ecology study, 25
percent of radio-tracked female dunes sagebrush lizards were eaten by
coachwhips (Masticophis flagellum). Coachwhips are large, swift,
diurnal snakes that feed primarily on lizard species. Another predator,
the loggerhead shrike (Lanius ludovicianus), is found in the Mescalero
Sands habitat. Loggerhead shrikes are birds that occur in many habitats
from remote deserts to suburban areas. These small predators perch on
trees, shrubs, poles, fences, and utility wires, and swoop down to
capture and impale prey (Rappole 2000, p. 163). Increased perches and
increased edge effects could lead to increased levels of predation that
would impact the dunes sagebrush lizard.
Power line grids are located throughout oil and gas developments.
The BLM and the NMSLO do not have a database of the power lines within
the shinnery oak habitat and range of the dunes sagebrush lizard;
however, all well pad operations and power plants are connected with a
grid of transmission lines throughout the dunes sagebrush lizard's
habitat. The ongoing threat associated with power lines and fences is
that they provide perching habitat for predaceous birds throughout the
shinnery oak dunes. The total miles of fence and power lines throughout
the known range of the species has not been quantified. Although the
presence of power lines likely increases perches for predators, we are
currently unable to determine if predation has increased above natural
levels or if the predation levels are a significant threat to the dunes
sagebrush lizard.
Summary of Factor C
There are likely impacts to individuals or individual populations
from the impacts under Factor C, particularly predation. However, we do
not know the magnitude or the effect of these impacts on the long-term
survival of the dunes sagebrush lizard at this time. Thus, we do not
consider Factor C to be a threat to the species throughout its range,
either now or in the foreseeable future.
D. The Inadequacy of Existing Regulatory Mechanisms
The dunes sagebrush lizard occurs on lands managed by the BLM,
NMSLO, State of Texas, and private entities. There have been
considerable efforts directed towards the protection of dunes sagebrush
lizard habitat, starting with a multi-stakeholder group called the
southeastern strategy. This group developed the Collaborative
Conservation Strategy for the dunes sagebrush lizard and the lesser
prairie chicken in 2005. This strategy was then used as the foundation
for BLM to develop their RMPA and for the development of the Candidate
Conservation Agreement (CCA) and Candidate Conservation Agreement with
Assurances (CCAA). If implemented as intended, the conservation
strategy, RMPA, and CCA/CCAAs could be significant contributions to the
conservation of these two species.
BLM's RMPA
The BLM's RMPA addresses the threats of shinnery oak removal due to
herbicide spraying, and oil and gas development. The plan provides for
specific conservation requirements, lease stipulations, and the removal
of 42,934 ha (106,091 ac) of dunes sagebrush lizard habitat from future
oil and gas leasing. However, the plan provides for a variety of
exceptions and has no schedule or planned monitoring to ensure that the
protections are being provided. Future leasing would be allowed in
closed areas of habitat if studies show that drilling and exploration
would not impact the lesser prairie chicken or dunes sagebrush lizard,
or, if at some time in the future, the lesser prairie chicken is no
longer a candidate species (BLM 2007, p. 2-22). Currently, BLM is
working with Texas A&M University to study the impacts of habitat
fragmentation, and determine if
[[Page 77811]]
the measures outlined in the RMPA are effective at conserving habitat
and dunes sagebrush lizard populations.
The RMPA outlines protective measures and basic guidelines for
developing around dunes sagebrush lizard habitat. The RMPA provides
guidance for the management of the lands with dunes sagebrush lizard
habitat, but it lacks regulatory strength and is only effective when
used. Future implementation will determine the overall efficacy of the
plan in contributing to the conservation of the dunes sagebrush lizard.
Candidate Conservation Agreements
A candidate conservation agreement (CCA) and candidate conservation
agreement with assurances (CCAA) for the dunes sagebrush lizard and the
lesser prairie chicken in New Mexico were finalized on December 8,
2008. These agreements allow private land owners and operators, such as
ranchers and oil and gas companies, to participate in the conservation
of the dunes sagebrush lizard. The agreements provide conservation
measures that limit habitat modification and protect habitat corridors
between shinnery oak dune complexes. The agreements also allow for
reclamation of abandoned oil pads, removal of relic power lines, and
restoration of shinnery oak dunes within suitable habitat. The CCA and
CCAA are ``umbrella'' agreements under which individual entities
participate. Currently, six private landowners and four oil companies
(totaling approximately 200,000 acres) are enrolled within the range of
the dunes sagebrush lizard. There are no enrolled properties that have
certificates of inclusion/participation for both the ranching
operations and oil and gas activities on the property. If a rancher
enrolls a property in the CCA/CCAA, that rancher is responsible for the
activities because he or she has discretion, and would not have control
if oil and gas development occurs on their conservation acres. The same
property would need to also be enrolled by the oil and gas operator to
provide conservation measures for operator's activities on that
property. The efficacy of the agreements depends on sustained future
participation by all entities with controlling interests on properties
with suitable and occupied habitat for the dunes sagebrush lizard.
There are hundreds of oil and gas operators in the range of the dunes
sagebrush lizard, and participation throughout the majority of the
dunes sagebrush lizard habitat would be necessary for the conservation
of the species.
In New Mexico, an estimated 35 percent of the occupied range of the
dunes sagebrush lizard is on privately owned and State-managed lands.
This is a substantial percentage of land occupied by the dunes
sagebrush lizard, and these lands are significant to the dunes
sagebrush lizard's continued existence. There are no local or State
regulatory mechanisms pertaining to the conservation of dunes sagebrush
lizard habitat on private or State lands in New Mexico, nor is there
NMSLO policy in place to protect sensitive species. Nearly all of the
dunes sagebrush lizard habitat on New Mexico State Trust lands has been
leased for oil and gas development with no stipulations on that
development. The only mechanism for the preservation of dunes sagebrush
lizard habitat on State Trust Lands is by having those lands enrolled
in the CCAA.
State Laws
Under New Mexico's Wildlife Conservation Act, on January 24, 1995,
NMDGF listed the dunes sagebrush lizard as a group 2 Endangered Species
(Painter et al. 1999, p. 1), which affords it protection from take, but
not habitat destruction (NMDGF 1978, p. 9). The dunes sagebrush lizard
is not listed as endangered or threatened in the State of Texas under
the Texas Parks and Wildlife Code or the Texas Administrative Code
(Texas Parks and Wildlife Department 1973, p. 1).
Summary of Factor D
Current regulations under State and local laws are not adequate to
protect the dunes sagebrush lizard from known threats, because
provisions that protect habitat are not included in these laws. In New
Mexico, BLM's RMPA covers Federal surface and mineral activities within
the species' range. Additionally, the CCA/CCAA includes the entire
range of the dunes sagebrush lizard in New Mexico, but does not extend
into Texas. Because participation in the CCA/CCAA by both oil and gas
and ranching operators is not occurring throughout the range of the
dunes sagebrush lizard, the efficacy of these conservation agreements
has not yet been fully implemented and determined to be effective.
In order for the agreements to benefit the dunes sagebrush lizard,
oil and gas operators need to enroll throughout the lizard's range, and
habitat restoration and protection needs to occur in the dunes
sagebrush lizard's habitat. The CCA/CCAA funded the initial
investigation into the restoration of shinnery oak dunes, but for now
there are no known methods to restore the dunes sagebrush lizard's
habitat, and existing habitat should be protected by enrolling in the
CCA/CCAA or with conservation easements. The current efforts have not
provided the protection needed to remove or lessen the significant
threats posed to the dunes sagebrush lizard.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
Exposure to Pollutants
Though few studies have been conducted to determine the full
effects of pollutants on reptiles, there is conclusive evidence of some
adverse impacts to lizard species (Whitfield et al. 2000, p. 657). Sias
and Snell (1998) studied the effects of oil and gas wells on dunes
sagebrush lizard abundance from 1995 to 1997. The results of their
research showed a strong negative relationship between dunes sagebrush
lizard population density and proximity to well pads. Specifically,
they found a 39 percent decrease in the abundance of dunes sagebrush
lizards within 0 to 80 m (0 to 262 ft) of wells. Sias and Snell (1995,
p. 30) believed that oil and gas extraction resulted in a reduction in
abundance of dunes sagebrush lizards as a result of: (1) Direct habitat
loss due to construction of roads and well pads (as discussed above in
Factor A); (2) poisoning of dunes sagebrush lizards from oil spills,
hydrogen sulfide gas emissions, and exposure to chemicals and other
toxins in the vicinity of oil and gas wells; (3) mortality caused by
increased traffic; and (4) giving a competitor of the dunes sagebrush
lizard a competitive advantage (see ``Competition'' section below).
Further, exposure to oil spills can cause dunes sagebrush lizards to
become entrapped. During surveys for dunes sagebrush lizards in New
Mexico, side-blotched lizards (Uta stansburiana) were found stranded in
oil seepages, coated in oil and unable to move (Sias and Snell 1996, p.
28).
During petroleum extraction, hydrogen sulfide is removed from the
petroleum and released into the air where it remains for up to one day.
Hydrogen sulfide is heavier than air and tends to sink to the ground
where it will remain until it is neutralized (Lusk and Kraft 2006, p.
1). Hydrogen sulfide is a highly toxic gas that is the dominant reduced
(unoxygenated) sulfur gas in oil fields (Tarver and Dasgupta 1997, p.
3669). Most of the sulfur that is emitted by oil and gas infrastructure
ends up in the soil (Tarver and Dasgupta 1997, p. 3674). Surface soil
tests in active oil fields in Texas found sulfate (an oxygenated form
of sulfur) levels in the
[[Page 77812]]
soil to range between 20 to 200 parts per million (ppm) near active
facilities, as opposed to 1 ppm in similar soils not adjacent to oil
facilities (Tarver and Dasgupta 1997, p. 3674).
Measurements of hydrogen sulfide have been taken at a site near
Loco Hills, New Mexico (40 km (25 mi) east of Artesia), where large
populations of dunes sagebrush lizards were found historically. Dunes
sagebrush lizards dig just below the soil surface during hot parts of
the day and at night, and would therefore be in direct contact with the
sulfates in the soil. Sulfates increase the anaerobic activities in the
soil, make the soil more acidic, and could cause protein and gene
damage to organisms, depending on the duration of exposure (Escher and
Hermens 2002, p. 4203). Air concentrations of hydrogen sulfide as high
as 33 ppm were recorded for a period of 32 minutes in the Loco Hills
area (Lusk and Kraft 2008, p. 19). Active dunes sagebrush lizards are
predicted to show adverse effects at concentrations greater than 14 ppm
(Lusk and Kraft 2008, p. 20). Lusk and Kraft (2008) recommend the
adoption of interim air quality standards for the protection of
wildlife at 1 ppm, the requirement of routine monitoring of hydrogen
sulfide to identify sources in areas where ambient concentrations
exceed 1 ppm, and the reduction of emissions to meet these wildlife
conservation goals.
The long-term impacts of oil field pollutants to dunes sagebrush
lizard populations, fecundity, and survivorship are unknown. Oil fields
contain a variety of organic toxic pollutants including petroleum
hydrocarbons, polycyclic aromatic hydrocarbons (PAHs), phenanthrene,
fluoranthene, and benzo[a]anthracene. Two studies on the impacts of oil
and gas pollution to another sand-dwelling lizard, the Nidua fringe-
fingered lizard (Acanthodactylus scutellatus), a sand-dwelling species
from the Middle East, were conducted in the oil fields in Kuwait.
Tissue samples taken from both the fringe-fingered lizard and its
insect prey base (ants) found the PAH concentrations in the fringe-
fingered lizard and ant tissue increased with the exposure to the
toxins. The levels of PAHs in the fringe-fingered lizard and ant
tissues were high enough to impact the function of vital organs.
Fringe-fingered lizards are not able to remove the toxins from their
system quickly due to their slow metabolic rate and simple enzyme
system (Al-Hashem et al. 2007, p. 555). Additionally, the exposure to
oil field chemicals affected the behavior and foraging time for the
fringe-fingered lizard by altering time of emergence and basking
behavior (Abdulla et al. 2008, p. 589).
With much of the dunes sagebrush lizard's habitat located in small
dune patches within oil and gas fields, the potential for exposure to
hydrogen sulfide, PAHs, and oil spills is high. If dunes sagebrush
lizards are exposed to this type of pollution, we may expect
physiological dysfunction, impaired foraging abilities, increased
mortality, and population declines. For this reason, we believe the
exposure to pollutants from oil and gas production may be a factor
affecting the survival of the species.
Climate Change
The Intergovernmental Panel on Climate Change (IPCC) states that
warming of the climate system is unequivocal, based on observations of
increases in global average air and ocean temperatures, widespread
melting of snow and ice, and rising global average sea level (2007a, p.
5). For the next two decades, a warming of about 0.4 degrees Fahrenheit
([deg]F) (0.2 degrees Celsius ([deg]C)) per decade is projected (IPCC
2007a, p. 12). Temperature projections for the following years
increasingly depend on specific emission scenarios (IPCC 2007a, p. 13).
Various emissions scenarios suggest that average global temperatures
are expected to increase by between 1.1 [deg]F and 7.2 [deg]F (0.6
[deg]C and 4.0 [deg]C) by the end of the 21st century, with the
greatest warming expected over land (IPCC 2007a, p. 13). Warming in
western mountains is projected to cause decreased snowpack, more winter
flooding, and reduced summer flows, exacerbating competition for over-
allocated water resources (IPCC 2007b, p. 14). The IPCC reports that it
is very likely that hot extremes, heat waves, and heavy precipitation
and flooding will increase in frequency (IPCC 2007b, p. 18).
It is anticipated that climate change will intensify the effects of
other ongoing habitat impacts, including impacts of oil and gas
development and shinnery oak removal (Sinervo et al. 2010, p. 894). The
predicted changes in climate in the desert Southwest include higher
temperatures and less rainfall, and changes in storm frequency and
severity (Seager et al. 2007, p. 1183; Saunders et al. 2008, p. 5).
Higher temperatures and lower rainfall, as predicted by various models
for the southeastern part of New Mexico, could manifest as further
degradation of the shinnery oak dune system (Seager et al. 2007, p.
1183). These increased temperatures could directly affect individuals
by reducing habitat and by converting shinnery oak vegetation
communities to communities with species such as yucca (Yucca elata),
mesquite, and cacti (Family Cactacea). Predicted changes are not known
for shinnery oak, but it is anticipated that large contiguous stands of
shinnery oak will be necessary for the system to be resilient to
climate change.
Climate change is predicted to cause a global decline in lizard
populations, with an estimated 40 percent of lizard populations
becoming extinct by 2080 (Huey et al. 2010, p. 832). In a recent study
in Mexico, 12 percent of 200 lizard populations went extinct due to the
magnitude of warming in the spring (Huey et al. 2010, p. 832). For the
lizards studied, warming caused the lizards to avoid activities such as
foraging or reproducing. In order to avoid becoming overheated, the
lizards remained in cooler refuges. This research has shown evidence of
actual extinctions of local populations linked to changes in climate in
Sceloporus lizards (the genus of the dunes sagebrush lizard) (Sinervo
et al. 2010, p. 894).
The severity of impacts to all plants and wildlife resulting from
climate change will depend on the amount of habitat available for
dispersal. The dunes sagebrush lizard is a habitat specialist, and its
habitat is not expanding (Peterson 1992, p. 2). The dune system that
the dunes sagebrush lizard inhabits is limited by the distribution of
shinnery oak and may be vulnerable to rapid habitat changes (Muhs and
Holliday 2001, p. 86). Organisms that are able to adapt to changing
environments and shifts in habitat availability will likely be more apt
to survive climate change (Massot et al. 2008, p. 466). The impacts of
climate change to the shinnery oak dune system, including increased
temperatures, decreased precipitation, increased sand supply, decreased
vegetative cover, and increased evaporation, would all lead to
increased movement of sand dunes and more unstable dunes (Muhs and
Holliday 1995, p. 206). The shinnery oak dune habitat relies on the
stability and underground structure of the shinnery oak. Without the
shinnery oak, the dunes will be unstable and will move at a much faster
pace (Muhs and Holliday 2001, p. 75). The historical mobilization of
sand that forms the current shinnery oak dune system was caused by
relatively minor changes in climate (Holliday 2001, p. 88).
Dunes sagebrush lizards are not found in areas that do not have
shinnery oak dunes, and major shifts in habitat availability would
impact the dunes sagebrush lizard (Painter et al 1999, p. 7). Climate
change models for some
[[Page 77813]]
lizard species predict a complete loss of habitat by 2050 due to
precipitation declines (Ballesteros-Barrera et al. 2007, p. 736). The
limited dispersal ability of dunes sagebrush lizards means that the
species as a whole could be isolated in areas with increased
desertification and shinnery oak loss. The already fragmented habitat
will limit the ability of the dunes sagebrush lizard to respond to
climate-induced habitat changes. At this time, climate change is not
considered to be the most significant threat to the dunes sagebrush
lizard throughout its range; however, impacts from climate change in
the future will likely exacerbate the ongoing threat of habitat loss
caused by other factors, as discussed above.
Competition
The side-blotched lizard (Uta stansburiana) is a generalist lizard
species that is found throughout the range of the dunes sagebrush
lizard. Researchers studying the dunes sagebrush lizard have reported
that the side-blotched lizard is a competitor for resources with the
dunes sagebrush lizard (Sena 1985, p. 13) and has been observed
directly competing for insect prey (Sias and Snell 1996, p. 6). In
areas where there are large dune blowouts in shinnery oak dune
complexes, the dominant lizard species is the dunes sagebrush lizard.
As the habitat becomes marginal with smaller dune blowouts adjacent to
shinnery oak flats or unsuitable habitat, there are greater numbers of
side-blotched lizards and fewer dunes sagebrush lizards. In areas that
have more habitat disturbance and greater edge effects, there are also
more side-blotched lizards than dunes sagebrush lizards (Painter 2007,
p. 2). The side-blotched lizard is the most abundant lizard found in
the same habitat as the dunes sagebrush lizard. The side-blotched
lizard uses more open, sandy substrate than the dunes sagebrush lizard,
which uses the vegetative cover provided by shinnery oak. The side-
blotched lizard also spends more time in the open sun and more time
foraging (Sartotrius et al. 2002, pp. 1972-1975). As a generalist, the
side-blotched lizard is not impacted by habitat disturbance and
alteration in the way that dunes sagebrush lizard, a habitat
specialist, is impacted (Sias and Snell 1996, p. 18; Painter et al.
2007, p. 3). Therefore, the side-blotched lizard likely outcompetes the
dunes sagebrush lizard in these altered habitats. Increased
temperatures, due to climate change, and changes to the vegetative
community could increase the competition between dunes sagebrush
lizards and side-blotched lizards.
Summary of Factor E
We do not know the magnitude or imminence of the direct or indirect
impacts of competition and climate change on the status of the species
at this time. However, we consider exposure to oil and gas pollutants
to be a threat to the species throughout its range, both now and
continuing into the foreseeable future.
Proposed Listing Determination
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the dunes sagebrush lizard. The dunes sagebrush lizard faces
immediate and significant threats due to oil and gas activities, and
herbicide treatments. Habitat loss and fragmentation due to oil and gas
development is a measureable factor impacting the species due to the
removal of shinnery oak and creation of roads and pads, pipelines, and
power lines that create habitat patches and increase the proportion of
habitat edge to habitat interior. In addition, impacts that are not
easily quantified such as climate change, competition, and pollution
may exacerbate adverse effects caused by habitat loss. Cumulative
threats to the dunes sagebrush lizard are not being adequately
addressed through existing regulatory mechanisms. Oil and gas
pollutants are a current and ongoing threat to the species throughout
its range.
The Act defines an endangered species as ``any species which is in
danger of extinction throughout all or a significant portion of its
range.'' We find that the dunes sagebrush lizard is presently in danger
of extinction throughout its entire range, based on the immediacy,
severity, and scope of the ongoing significant threats to the dunes
sagebrush lizard, as described above. Therefore, on the basis of the
best available scientific and commercial information, we propose to
list the dunes sagebrush lizard as an endangered species in accordance
with sections 3(6) and 4(a)(1) of the Act.
Under the Act and our implementing regulations, a species may
warrant listing if it is endangered or threatened throughout all or a
significant portion of its range. The dunes sagebrush lizard is highly
restricted in its range, and the threats occur throughout its range.
Therefore, we assessed the status of the species throughout its entire
range. The threats to the survival of the dunes sagebrush lizard occur
throughout its range and are not restricted to any particular portion
of that range. Accordingly, our assessment and proposed determination
applies to the dunes sagebrush lizard throughout its entire range.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition results in public awareness and conservation by
Federal, State, Tribal, and local agencies; private organizations; and
individuals. The Act encourages cooperation with the States and
requires that recovery actions be carried out for all listed species.
The protection required by Federal agencies and the prohibitions
against certain activities involving listed species are discussed, in
part, below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Subsection 4(f) of the Act requires the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed, preparation of a draft and final
recovery plan, and revisions to the plan as significant new information
becomes available. The recovery outline guides the immediate
implementation of urgent recovery actions and describes the process to
be used to develop a recovery plan. The recovery plan identifies site-
specific management actions that will achieve recovery of the species,
measurable criteria that determine when a species may be downlisted or
delisted, and methods for monitoring recovery progress. Recovery plans
also establish a framework for agencies to coordinate their recovery
efforts and provide estimates of the cost of implementing recovery
tasks. Recovery teams (comprised of species experts, Federal and State
agencies, nongovernment organizations, and stakeholders) are often
established to develop recovery plans. When completed, the recovery
[[Page 77814]]
outline, draft recovery plan, and the final recovery plan will be
available on our Web site (http://www.fws.gov/endangered), or from our
New Mexico Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribal and nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
If this species is listed, funding for recovery actions will be
available from a variety of sources, including Federal budgets, State
programs, and cost share grants for non-Federal landowners, the
academic community, and nongovernmental organizations. In addition,
under section 6 of the Act, the States of New Mexico and Texas would be
eligible for Federal funds to implement management actions that promote
the protection and recovery of the dunes sagebrush lizard. Information
on our grant programs that are available to aid species recovery can be
found at: http://www.fws.gov/grants.
Although the dunes sagebrush lizard is only proposed for listing
under the Act at this time, please let us know if you are interested in
participating in recovery efforts for this species. Additionally, we
invite you to submit any new information on this species whenever it
becomes available and any information you may have for recovery
planning purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in destruction or
adverse modification of proposed critical habitat. We believe the
following actions may jeopardize this species, and therefore we would
seek to conference with BLM and NRCS on these actions:
The lease of land for oil and gas drilling,
Applications to drill,
Applications for infrastructure through dunes (including,
but not limited to pipelines and power lines),
OHV activities,
Seismic exploration,
Continued oil and gas operations (release of pollution and
routine maintenance),
Grazing leases,
Renewable resource activities, and
Chemical and mechanical removal of shinnery oak habitat.
If a species is listed subsequently, section 7(a)(2) requires
Federal agencies to ensure that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of the
species or destroy or adversely modify its critical habitat. If a
Federal action may adversely affect a listed species or its critical
habitat, the responsible Federal agency must enter into formal
consultation with the Service.
For the dunes sagebrush lizard, Federal agency actions that may
require conference or consultation or both, as described in the
preceding paragraph, include the provision of Federal funds to State
and private entities through Federal programs, such as the Service's
Landowner Incentive Program, State Wildlife Grant Program, and Federal
Aid in Wildlife Restoration program, as well as the various grants
administered by the Natural Resources Conservation Service. Other types
of actions that may require consultation include BLM activities, such
as the lease of land for oil and gas drilling, applications to drill,
grazing leases, and removal of shinnery oak habitat. Possible measures
that could be implemented to conserve the dunes sagebrush lizard and
its habitat are:
Maintain 500-m (1640-ft) wide dispersal corridors in
shinnery oak dunes for the dunes sagebrush lizards to disperse between
habitat patches;
Discontinue chemical spraying within occupied or suitable
habitat;
Place well pads outside of shinnery oak dunes and
corridors between dune complexes;
Manage well density to limit development in habitat;
Minimize well pad size and carry out site reclamation;
Develop techniques to recreate shinnery oak dunes;
Limit OHV use in occupied habitat;
Minimize impacts of seismic exploration by thumper trucks;
Develop a public awareness program;
Do not place power lines and fences through shinnery oak
dune complexes;
Develop transmission corridors for pipelines and power
lines;
Limit pollution by inspecting pipelines and equipment;
Develop and implement plans for cleaning oil spills;
Limit hydrogen sulfide emissions;
Maintain wells; and
Limit any further infrastructure that would remove the
shinnery oak dunes.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to endangered species.
The prohibitions of section 9(a)(2) of the Act, codified at 50 CFR
17.21 for endangered wildlife, in part, make it illegal for any person
subject to the jurisdiction of the United States to take (includes
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt any of these), import, export, ship in
interstate commerce in the course of commercial activity, or sell or
offer for sale in interstate or foreign commerce any listed species.
Under the Lacey Act (18 U.S.C. 42; 16 U.S.C. 3371-3378), it is also
illegal to possess, sell, deliver, carry, transport, or ship any such
wildlife that has been taken illegally. Certain exceptions to the
prohibitions apply to agents of the Service and State conservation
agencies. The dunes sagebrush lizard is listed as endangered by the
State of New Mexico, and is currently protected under the Wildlife
Conservation Act of 1978, which prohibits take of the species but has
no protection for habitat (NMDGF 1978, p. 9). The Act will, therefore,
offer additional protection to this species.
We may issue permits to carry out otherwise prohibited activities
involving endangered and threatened wildlife species under certain
circumstances. Regulations governing permits are codified at 50 CFR
17.22 for endangered species, and at 17.32 for threatened species. With
regard to endangered wildlife, a permit must be issued for the
following purposes: for scientific purposes, to enhance the propagation
or survival of the species, and for incidental take in connection with
otherwise lawful activities. We anticipate that the only permits that
would be sought or issued for the dunes sagebrush lizard would be in
association with research and recovery efforts, as this species is not
common in the herpetocultural trade or in the wild. Requests for copies
of the regulations regarding listed species and inquiries about
prohibitions and permits may be addressed to the Field Supervisor at
the address in the FOR FURTHER INFORMATION CONTACT section.
[[Page 77815]]
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a proposed
listing on proposed and ongoing activities within the range of species
proposed for listing. The following activities could potentially result
in a violation of section 9 of the Act; this list is not comprehensive:
(1) Unauthorized collecting, handling, possessing, selling,
delivering, carrying, or transporting of the species, including import
or export across State lines and international boundaries, except for
properly documented antique specimens of these taxa at least 100 years
old, as defined by section 10(h)(1) of the Act;
(2) Introduction of nonnative species that compete with or prey
upon the dunes sagebrush lizard; and
(3) The unauthorized release of biological control agents that
attack any life stage of this species.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the New Mexico
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Critical Habitat
Background
Critical habitat is defined in section 3 of the Act as:
(i) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features.
(I) Essential to the conservation of the species and
(II) Which may require special management considerations or
protection; and
(ii) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided under the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the prohibition of destruction or adverse modification of
critical habitat with regard to actions carried out, funded, or
authorized by a Federal agency. Section 7(a)(2) of the Act requires
consultation on Federal actions that may affect critical habitat. The
designation of critical habitat does not affect land ownership or
establish a refuge, wilderness, reserve, preserve, or other
conservation area. Such designation does not allow the government or
public to access private lands. Such designation does not require
implementation of restoration, recovery, or enhancement measures by
non-Federal landowners. Where a landowner seeks or requests Federal
agency funding or authorization for an action that may affect a listed
species or critical habitat, the consultation requirements of section
7(a)(2) of the Act would apply, but even in the event of a destruction
or adverse modification finding, Federal action agencies and the
applicant's obligation is not to restore or recover the species, but to
implement reasonable and prudent alternatives to avoid destruction or
adverse modification of critical habitat.
For inclusion in a critical habitat designation, the habitat within
the geographical area occupied by the species at the time it was listed
must contain the physical and biological features essential to the
conservation of the species, and be included only if those features may
require special management considerations or protection. Critical
habitat designations identify, to the extent known using the best
scientific and commercial data available, habitat areas that provide
essential life cycle needs of the species (areas on which are found the
physical and biological features (PBFs) laid out in the appropriate
quantity and spatial arrangement for the conservation of the species).
Under the Act and regulations at 50 CFR 424.12, we can designate
critical habitat in areas outside the geographical area occupied by the
species at the time it is listed only when we determine that those
areas are essential for the conservation of the species and that
designation limited to those areas occupied at the time of listing
would be inadequate to ensure the conservation of the species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific and commercial data available.
Further, our Policy on Information Standards Under the Endangered
Species Act (published in the Federal Register on July 1, 1994 (59 FR
34271)), the Information Quality Act (section 515 of the Treasury and
General Government Appropriations Act for Fiscal Year 2001 (Pub. L.
106-554; H.R. 5658)), and our associated Information Quality
Guidelines, provide criteria, establish procedures, and provide
guidance to ensure that our decisions are based on the best scientific
data available. They require our biologists, to the extent consistent
with the Act and with the use of the best scientific data available, to
use primary and original sources of information as the basis for
recommendations to designate critical habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information developed during the listing process for the species.
Additional information sources may include the recovery plan for the
species, articles in peer-reviewed journals, conservation plans
developed by States and counties, scientific status surveys and
studies, biological assessments, or other unpublished materials and
expert opinion or personal knowledge.
Habitat is often dynamic, and species may move from one area to
another over time. Furthermore, we recognize that critical habitat
designated at a particular point in time may not include all of the
habitat areas that we may later determine are necessary for the
recovery of the species. For these reasons, a critical habitat
designation does not signal that habitat outside the designated area is
unimportant or may not be required for recovery of the species.
Areas that are important to the conservation of the species, but
are outside the critical habitat designation, will continue to be
subject to conservation actions we implement under section 7(a)(1) of
the Act. Areas that support populations are also subject to the
regulatory protections afforded by the section 7(a)(2) jeopardy
standard, as determined on the basis of the best available scientific
information at the time of the agency action. Federally funded or
permitted projects affecting listed species outside their designated
critical habitat areas may still result in jeopardy findings in some
cases. Similarly, critical habitat designations made on the basis of
the best available information at the time of designation
[[Page 77816]]
will not control the direction and substance of future recovery plans,
habitat conservation plans (HCPs), or other species conservation
planning efforts if new information available at the time of these
planning efforts warrants otherwise.
Prudency Determination
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12), require that, to the maximum extent
prudent and determinable, the Secretary designate critical habitat at
the time the species is determined to be endangered or threatened. Our
regulations (50 CFR 424.12(a)(1)) state that the designation of
critical habitat is not prudent when one or both of the following
situations exist: (1) The species is threatened by taking or other
human activity, and identification of critical habitat can be expected
to increase the degree of threat to the species, or (2) such
designation of critical habitat would not be beneficial to the species.
There is no documentation that the dunes sagebrush lizard is
threatened by collection and, therefore, is unlikely to experience
increased threats by identifying critical habitat. Further, the
potential benefits of critical habitat to the dunes sagebrush lizard
include: (1) Triggering consultation under section 7 of the Act, in new
areas for actions in which there may be a Federal nexus where it would
not otherwise occur because, for example, it is or has become
unoccupied or the occupancy is in question; (2) focusing conservation
activities on the most essential features and areas; (3) providing
educational benefits to State or county governments or private
entities; and (4) preventing people from causing inadvertent harm to
the species. Therefore, since we have determined that the designation
of critical habitat will not likely increase the degree of threat to
the species and may provide some measure of benefit, we find that
designation of critical habitat is prudent for dunes sagebrush lizard.
As stated above, section 4(a)(3) of the Act requires the
designation of critical habitat concurrently with the species' listing
``to the maximum extent prudent and determinable.'' Our regulations at
50 CFR 424.12(a)(2) state that critical habitat is not determinable
when one or both of the following situations exist:
(i) Information sufficient to perform required analyses of the
impacts of the designation is lacking, or
(ii) The biological needs of the species are not sufficiently well
known to permit identification of an area as critical habitat.
When critical habitat is not determinable, the Act provides for an
additional year to publish a critical habitat designation (16 U.S.C.
1533(b)(6)(C)(ii)).
We are currently unable to determine which areas meet the
definition of critical habitat because the location and distribution of
physical and biological features that may be considered essential to
the conservation of the species is not sufficiently understood at this
time. Additional onsite work is needed for the purposes of delineating
critical habitat boundaries and providing legal descriptions of those
areas. Therefore, although we have determined that the designation of
critical habitat is prudent for the dunes sagebrush lizard, we find
that critical habitat for the dunes sagebrush lizard is not
determinable at this time.
Peer Review
In accordance with our joint policy published in the Federal
Register on July 1, 1994 (59 FR 34270), we will seek the expert
opinions of at least three appropriate and independent specialists
regarding this proposed rule. The purpose of such review is to ensure
that our determination of status for this species is based on
scientifically sound data, assumptions, and analyses. We will send peer
reviewers copies of this proposed rule immediately following
publication in the Federal Register. We will invite these peer
reviewers to comment, during the public comment period, on the specific
assumptions and conclusions regarding the proposal to list dunes
sagebrush lizard as endangered, and our decision regarding critical
habitat for these species.
We will consider all comments and information we receive during the
comment period on this proposed rule during preparation of a final
rulemaking. Accordingly, the final decision may differ from this
proposal.
Public Hearings
The Act provides for one or more public hearings on this proposal,
if requested. Requests must be received within 45 days after the date
of publication of this proposal in the Federal Register. Such requests
must be made in writing and be addressed to the Field Supervisor at the
address in the FOR FURTHER INFORMATION CONTACT section. We will
schedule public hearing on this proposal, if any are requested, and
announce the dates, times, and places of those hearings, as well as how
to obtain reasonable accommodations, in the Federal Register and local
newspapers at least 15 days before the hearing.
Persons needing reasonable accommodations to attend and participate
in a public hearing should contact the New Mexico Ecological Services
Field Office at 505-761-4718, as soon as possible. To allow sufficient
time to process requests, please call no later than one week before the
hearing date. Information regarding this proposed rule is available in
alternative formats upon request.
Clarity of the Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by Office of Management and Budget (OMB) under the
Paperwork Reduction Act. This rule will not impose recordkeeping or
reporting requirements on State or local governments, individuals,
businesses, or organizations. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.
National Environmental Policy Act
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), need not be
prepared in connection with regulations adopted under section 4(a)(1)
of the Act. We published a notice outlining our reasons for this
determination in the Federal Register on October 25, 1983 (48 FR
49244).
[[Page 77817]]
References Cited
A complete list of all references cited in this proposed rule is
available on the Internet at http://www.regulations.gov or upon request
from the Field Supervisor, New Mexico Ecological Services Field Office
(see FOR FURTHER INFORMATION CONTACT section).
Authors
The primary authors of this proposed rule are the staff members of
the New Mexico Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
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; Public Law 99-625, 100 Stat. 3500; unless otherwise
noted.
2. Amend Sec. 17.11(h) by adding an entry for ``Lizard, dunes
sagebrush'' in an alphabetical order under REPTILES to the List of
Endangered and Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Common name Scientific name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Reptiles
* * * * * * *
Lizard, dunes sagebrush.......... Sceloporus U.S.A. (NM, TX).... Phrynosomatidae.... E ........... NA NA
arenicolus.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Dated: December 1, 2010.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2010-31140 Filed 12-13-10; 8:45 am]
BILLING CODE 4310-55-P