[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Proposed Rules]
[Pages 43203-43204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14453]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2018-0093; FF09E21000 FXES11110900000 201]
Endangered and Threatened Wildlife and Plants; 90-Day Finding for
the Dunes Sagebrush Lizard
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Petition finding and initiation of status review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list the dunes sagebrush lizard as an
endangered or threatened species under the Endangered Species Act of
1973, as amended (Act). Based on our review, we find that the petition
presents substantial scientific or commercial information indicating
that listing the dunes sagebrush lizard may be warranted. Therefore,
with the publication of this document, we announce that we plan to
initiate a review of the status of the dunes sagebrush lizard to
determine whether listing the species is warranted. To ensure that the
status review is comprehensive, we are requesting scientific and
commercial data and other information regarding the species. Based on
the status review, we will issue a 12-month finding that will address
whether or not listing the dunes sagebrush lizard is warranted, in
accordance with the Act.
DATES: This finding was made on July 16, 2020. As we commence work on
the status review, we seek any new information concerning the status
of, or threats to, the species or its habitat. We will consider any
relevant information that we receive during our work on the status
review.
ADDRESSES:
Supporting documents: A summary of the basis for the petition
finding is available on http://www.regulations.gov under docket number
FWS-R2-ES-2018-0093. In addition, this supporting information is
available for public inspection, by appointment, during normal business
hours by contacting the person specified in FOR FURTHER INFORMATION
CONTACT.
Submitting information: If you have new scientific or commercial
data or other information concerning the status of, or threats to, the
dunes sagebrush lizard, please provide those data or information by one
of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter docket number FWS-R2-ES-
2018-0093. Then, click on the ``Search'' button. After finding the
correct document, you may submit information by clicking on ``Comment
Now!'' If your information will fit in the provided comment box, please
use this feature of http://www.regulations.gov, as it is most
compatible with our information review procedures. If you attach your
information as a separate document, our preferred file format is
Microsoft Word. If you attach multiple comments (such as form letters),
our preferred format is a spreadsheet in Microsoft Excel.
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R2-ES-2018-0093, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike; Falls Church, VA 22041-3803.
We request that you send information only by the methods described
above. We will post all information we receive on http://www.regulations.gov. This generally means that we will post any
personal information you provide us.
FOR FURTHER INFORMATION CONTACT: Seth Willey, 505-346-2525;
seth_willey@fws.gov. If you use a telecommunications device for the
deaf, please call the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations in title 50 of the Code of Federal Regulations (50 CFR part
424) set forth the procedures for adding a species to, or removing a
species from, the Federal Lists of Endangered and Threatened Wildlife
and Plants (Lists) in 50 CFR part 17. Section 4(b)(3)(A) of the Act
requires that we make a finding on whether a petition to add a species
to the Lists (i.e., ``list'' a species), remove
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a species from the Lists (i.e., ``delist'' a species), or change a
listed species' status from endangered to threatened or from threatened
to endangered (i.e., ``reclassify'' a species) presents substantial
scientific or commercial information indicating that the petitioned
action may be warranted. To the maximum extent practicable, we are to
make this finding within 90 days of our receipt of the petition and
publish the finding promptly in the Federal Register.
Our regulations establish that substantial scientific or commercial
information with regard to a 90-day petition finding refers to
``credible scientific or commercial information in support of the
petition's claims such that a reasonable person conducting an impartial
scientific review would conclude that the action proposed in the
petition may be warranted'' (50 CFR 424.14(h)(1)(i)).
A species may be determined to be an endangered species or a
threatened species because of one or more of the five factors described
in section 4(a)(1) of the Act (16 U.S.C. 1533(a)(1)). The five factors
are:
(a) The present or threatened destruction, modification, or
curtailment of its habitat or range (Factor A);
(b) Overutilization for commercial, recreational, scientific, or
educational purposes (Factor B);
(c) Disease or predation (Factor C);
(d) The inadequacy of existing regulatory mechanisms (Factor D); or
(e) Other natural or manmade factors affecting its continued
existence (Factor E).
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to, or are reasonably likely to, affect
individuals of a species negatively. The term ``threat'' includes
actions or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (indirect impacts). The term
``threat'' may encompass--either together or separately--the source of
the action or condition or the action or condition itself. However, the
mere identification of any threat(s) may not be sufficient to compel a
finding that the information in the petition is substantial information
indicating that the petitioned action may be warranted. The information
presented in the petition must include evidence sufficient to suggest
that these threats may be affecting the species to the point that the
species may meet the definition of an endangered species or threatened
species under the Act.
If we find that a petition presents such information, our
subsequent status review will evaluate all identified threats by
considering the individual-, population-, and species-level effects and
the expected response by the species. We will evaluate individual
threats and their expected effects on the species, then analyze the
cumulative effect of the threats on the species as a whole. We also
consider the cumulative effect of the threats in light of those actions
and conditions that are expected to have positive effects on the
species--such as any existing regulatory mechanisms or conservation
efforts that may ameliorate threats. It is only after conducting this
cumulative analysis of threats and the actions that may ameliorate
them, and the expected effect on the species now and in the foreseeable
future, that we can determine whether the species meets the definition
of an endangered species or threatened species under the Act.
If we find that a petition presents substantial scientific or
commercial information indicating that the petitioned action may be
warranted, the Act requires that we promptly commence a review of the
status of the species, and we will subsequently complete a status
review in accordance with our prioritization methodology for 12-month
findings (81 FR 49248; July 27, 2016).
Summary of Finding
Species and Range
Dunes sagebrush lizard (Sceloporus arenicolus); New Mexico and
Texas.
Petition History
On June 1, 2018, we received a petition from the Center for
Biological Diversity and Defenders of Wildlife, requesting that the
dunes sagebrush lizard be listed as endangered or threatened and
critical habitat be designated for this species under the Act. The
petition clearly identified itself as such and included the requisite
identification information for the petitioner, required at 50 CFR
424.14(c). This finding addresses the petition.
Finding
Based on our review of the petition and sources cited in the
petition, we find that the petition presents substantial scientific or
commercial information indicating the petitioned action may be
warranted for the dunes sagebrush lizard due to potential threats
associated with the following: Oil and gas development and operations,
and sand mining (Factor A); and climate change (Factor E). The petition
also presented substantial information that the existing regulatory
mechanisms may be inadequate to address impacts of these threats
(Factor D).
The basis for our finding on this petition, and other information
regarding our review of the petition, can be found as an appendix at
http://www.regulations.gov under Docket No. FWS-R2-ES-2018-0093 under
the Supporting Documents section.
Conclusion
On the basis of our evaluation of the information presented in the
petition under section 4(b)(3)(A) of the Act, we have determined that
the petition summarized above for the dunes sagebrush lizard presents
substantial scientific or commercial information indicating that
listing the species may be warranted. We are, therefore, initiating a
status review to determine whether listing the species is warranted
under the Act. At the conclusion of the status review, we will issue a
finding, in accordance with section 4(b)(3)(B) of the Act, as to
whether listing the dunes sagebrush lizard is not warranted, warranted,
or warranted but precluded by pending proposals to determine whether
any species is an endangered species or a threatened species.
Authors
The primary authors of this document are staff members of the
Ecological Services Program, U.S. Fish and Wildlife Service.
Authority
The authority for these actions is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Aurelia Skipwith,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2020-14453 Filed 7-15-20; 8:45 am]
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