[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Proposed Rules]
[Pages 30082-30087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12752]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2011-0017; MO 92210-0-0008B2]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition To List the Spot-Tailed Earless Lizard as Endangered or 
Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 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 spot-tailed earless lizard 
(Holbrookia lacerata) as endangered or threatened under the Endangered 
Species Act of 1973, as amended (Act), and to designate critical 
habitat. Based on our review, we find that the petition presents 
substantial scientific or commercial information indicating that 
listing this species may be warranted. Therefore, with the publication 
of this notice, we are initiating a review of the status of the species 
to determine if listing the spot-tailed earless lizard is warranted. To 
ensure that this status review is comprehensive, we are requesting 
scientific and commercial data and other information regarding the 
spot-tailed earless lizard, including its two subspecies (Holbrookia 
lacerata lacerata and Holbrookia lacerata subcaudalis). Based on the 
status review, we will issue a 12-month finding on the petition, which 
will address whether the petitioned action is warranted, as provided in 
section 4(b)(3)(B) of the Act.

DATES: To allow us adequate time to conduct this review, we request 
that we receive information on or before July 25, 2011. Please note 
that if you are using the Federal eRulemaking Portal (see ADDRESSES 
section, below), the deadline for submitting an electronic comment is 
Eastern Daylight Time on this date.

ADDRESSES: You may submit information by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. In 
the box that reads ``Enter Keyword or ID,'' enter the Docket number for 
this finding, which is [Docket No. FWS-R2-ES-2011-0017]. Check the box 
that reads ``Open for Comment/Submission,'' and then click the Search 
button. You should then see an icon that reads ``Submit a Comment.'' 
Please ensure that you have found the correct rulemaking before 
submitting your comment.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: [Docket No. FWS-R2-ES-2011-0017]; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    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 (see the Request for Information 
section below for more details).
    After July 25, 2011, you must submit information directly to the 
Field Office (see FOR FURTHER INFORMATION CONTACT section below). 
Please note that we might not be able to address or incorporate 
information that we receive after the above requested date.

FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, 
Austin Ecological Services Field Office; by U.S. mail at 10711 Burnet 
Road, Suite 200, Austin, TX 78758; by telephone (512-490-0057); or by 
facsimile (512-490-0974). If you use a telecommunications device for 
the deaf (TDD), please call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Request for Information

    When we make a finding that a petition presents substantial 
information indicating that listing a species may be warranted, we are 
required to promptly review the status of the species (status review). 
For the status review to be complete and based on the best available 
scientific and commercial information, we request information on the 
spot-tailed earless lizard from governmental agencies, Native American 
Tribes, the scientific community, industry, and any other interested 
parties. We seek information on:
    (1) The biology, range, and population trends of the species and of 
both its subspecies, including:
    (a) Habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) 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 its 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. (3) Information related to the specific threats to the spot-
tailed earless lizard and both subspecies of the spot-tailed earless 
lizard.
    If, after the status review,we determine that listing the spot-
tailed earless lizard or either of its subspecies is warranted, we will 
propose critical habitat (see definition in section 3(5)(A) of the 
Act), under section 4 of the Act, to the maximum extent prudent and 
determinable at the time we propose to list the species. Therefore, 
within the geographical range currently occupied by the spot-tailed 
earless lizard, we request data and information on:
    (1) What may constitute ``physical or biological features essential 
to the conservation of the species'';
    (2) Where these features are currently found; and
    (3) Whether any of these features may require special management 
considerations or protection.
    In addition, we request data and information on ``specific areas 
outside the geographical area occupied by the species'' that are 
``essential to the conservation of the species.'' Please provide 
specific comments and information as to what, if any, critical habitat 
you think we should propose for designation if the species is proposed 
for listing, and why such habitat meets the requirements of section 4 
of the Act.
    Please include sufficient information with your submission (such as 
scientific

[[Page 30083]]

journal articles or other publications) to allow us to verify any 
scientific or commercial information you include.
    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. 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 information concerning this status review by 
one of the methods listed in the ADDRESSES section. If you submit 
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
Web site. If you submit a hardcopy that includes personal identifying 
information, you may request at the top of your document that we 
withhold this personal identifying information from public review. 
However, we cannot guarantee that we will be able to do so. We will 
post all hardcopy submissions on http://www.regulations.gov.
    Information and supporting documentation that we received and used 
in preparing this finding is available for you to review at http://www.regulations.gov, or you may make an appointment during normal 
business hours at the U.S. Fish and Wildlife Service, Austin Ecological 
Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Background

    Section 4(b)(3)(A) of the Act (16 U.S.C. 1533(b)(3)(A)) requires 
that we make a finding on whether a petition to list, delist, or 
reclassify a species presents substantial scientific or commercial 
information indicating that the petitioned action may be warranted. We 
are to base this finding on information provided in the petition, 
supporting information submitted with the petition, and information 
otherwise available in our files. To the maximum extent practicable, we 
are to make this finding within 90 days of our receipt of the petition 
and publish our notice of the finding promptly in the Federal Register.
    Our standard for substantial scientific or commercial information 
within the Code of Federal Regulations (CFR) with regard to a 90-day 
petition finding is ``that amount of information that would lead a 
reasonable person to believe that the measure proposed in the petition 
may be warranted'' (50 CFR 424.14(b)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly conduct a species status review, which we subsequently 
summarize in our 12-month finding.

Petition History

    On January 21, 2010, we received a petition dated January 13, 2010, 
from Wild Earth Guardians, requesting that the spot-tailed earless 
lizard be listed as threatened or endangered and that critical habitat 
be designated under the Act. The petition clearly identified itself as 
such and included the requisite identification information for the 
petitioner, as required by 50 CFR 424.14(a). In a July 19, 2010, letter 
to the petitioner, we responded that we reviewed the information 
presented in the petition and determined that issuing an emergency 
regulation temporarily listing the species under section 4(b)(7) of the 
Act was not warranted. This finding addresses the petition.

Previous Federal Action

    There have been no previous Federal actions related to this 
species.

Species Information

    The spot-tailed earless lizard (Holbrookia lacerata) is a small 
lizard that averages 11.5 to 15.2 centimeters (cm) (4.5 to 6.0 inches 
(in)) from the nose to the end of the tail, and has been described as 
the most conspicuously spotted of all earless lizards (Conant and 
Collins 1991, p. 101).
    The spot-tailed earless lizard is divided into two distinct 
subspecies, based on morphological (physical) differences and 
geographic separation (Conant and Collins 1991, p. 101; Dixon 2000, p. 
27). The northern spot-tailed earless lizard subspecies, Holbrookia 
laceratalacerata, has two rows of dark blotches down each side of its 
back. The dark blotches are often so close together that they appear to 
be two dark rows down each side of the lizard's back. This subspecies 
has on average 13 femoral pores, which are openings containing a wax-
like material found on the underside of the thighs and are used to 
leave a scent trail when they rub their legs on the ground. The 
southern spot-tailed earless lizard, Holbrookia laceratasubcaudalis, 
has 2 distinct rows of dark blotches down each side of its back and an 
average of 16 femoral pores under each hind leg.
    We accept the characterization of Holbrookia lacerata lacerate and 
Holbrookia laceratasubcaudalis as subspecies of the petitioned species, 
H. lacerata, because they were properly described in peer-reviewed 
literature and are recognized as subspecies by knowledgeable 
herpetologists: H. l. lacerata since 1880, and H. l. subcaudata since 
1956 (ITIS 2009, p. 1).
    In addition to the two subspecies having distinct morphological 
characteristics (Dixon 2000, p. 27), they are separated geographically 
along the Balcones Escarpment, which is a geologic fault zone in 
central Texas (Axtell 1968, p. 56.1). It seems that the Balcones 
Escarpment serves as a barrier to genetic exchange (Axtell 1968, p. 
56.1; Hammerson et al. 2007, p. 4). The northern subspecies 
historically occurred throughout the Edwards Plateau (a geographic 
region in west-central Texas), while the southern subspecies 
historically occurred through south Texas into parts of Mexico's States 
of Coahuila, Nuevo Leon, and Tamaulipas (Axtell 1968, p. 56.1; Conant 
and Collins 1991, p. 101; Dixon 2000, p. 73; Texas Parks and Wildlife 
Department (TPWD) 2005a, p. 1; Hammerson et al. 2007, p. 2). In central 
and southern Texas, the spot-tailed earless lizard occurs across 75 
counties (TPWD 2005a, p. 1). The TPWD's Comprehensive Wildlife 
Conservation Strategy (2005b, pp. 1093-1094) suggests that the spot-
tailed earless lizard is declining in Texas, especially along the 
periphery of its range, but does not refer to any specific studies or 
surveys. Also, the petitioner did not provide any information, and we 
could not find any readily available in our files, regarding the 
current species' status or distribution in Mexico. Because population 
and distribution information is limited throughout the species' range, 
research is needed to verify the suggested decline in Texas and to 
determine the species' current distribution.
    The spot-tailed earless lizard is found in a variety of habitats, 
but typically they use habitat with sparse vegetation or bare ground 
(Axtell 1968, p. 56.1). Spot-tailed earless lizards inhabit flat and 
open prairies or meadows, sand dunes, chaparral-shrubland, mixed 
woodland areas, and graded roads in Texas (Axtell 1968, p. 56.1; TPWD 
2005b, p. 1093), as well as the desert habitats of northern Mexico 
(Axtell 1968, p. 56.1). The lizard tends to burrow in soil, fallen 
logs, and other ground debris, and avoid obstructions, such as 
waterways, buildings, and pavement (Axtell 1968, p. 56.1).
    The TPWD (2005a, p. 1093) described differences in habitat 
associations between the two spot-tailed lizard subspecies. The 
northern spot-tailed earless lizard apparently prefers caliche soils 
(hardened deposit of calcium carbonate found in arid regions that 
cements together other materials,

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including gravel, sand, clay, and silt) of the Edwards Plateau in 
moderately open prairie-brushland, oak-juniper woodlands, and mesquite 
associations. The southern spot-tailed earless lizard is most often 
found in flatter areas in association with dark clay, clay-loam soils, 
and in mesquite-prickly-pear associations.
    In conclusion, the spot-tailed earless lizard's present population 
status is largely unknown. The TPWD suggests that the species may be 
declining along the periphery of its range, but more surveys are needed 
to determine the species' current distribution. To ensure that the 
status review is comprehensive and up to date, we are soliciting 
information on the species' status and distribution throughout its 
range.

Evaluation of Information for This Finding

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR 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. A species may be determined to be an 
endangered or threatened species due to one or more of the five factors 
described in section 4(a)(1) of the Act:
    (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; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    In considering what factors might constitute threats, we must look 
beyond the mere exposure of the species to the factor to determine 
whether the species responds to the factor in a way that causes actual 
impacts to the species. If there is exposure to a factor, but no 
response, or only a positive response, that factor is not a threat. If 
there is exposure and the species responds negatively, the factor may 
be a threat and we then attempt to determine how significant a threat 
it is. If the threat is significant, it may drive or contribute to the 
risk of extinction of the species such that the species may warrant 
listing as threatened or endangered as those terms are defined by the 
Act. This does not necessarily require empirical proof of a threat. The 
combination of exposure and some corroborating evidence of how the 
species is likely impacted could suffice. The mere identification of 
factors that could impact a species negatively may not be sufficient to 
compel a finding that listing may be warranted. The information shall 
contain evidence sufficient to suggest that these factors may be 
operative threats that act on the species to the point that the species 
may meet the definition of threatened or endangered under the Act.
    In making this 90-day finding, we evaluated whether information 
regarding threats to the spot-tailed earless lizard, as presented in 
the petition and documented in other information available in our 
files, is substantial, thereby indicating that the petitioned action 
may be warranted. Our evaluation of this information is presented 
below.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

Information Provided in the Petition
    The petitioner asserts that the conversion of native habitat to 
cropland and nonnative grasses for livestock, as well as habitat 
fragmentation by road construction and development, are threats to the 
spot-tailed earless lizard.
    In support of the conversion of native habitat to cropland and 
nonnative grasses for livestock, the petitioner cited NatureServe 
(2009, pp. 1-2) and TPWD's Conservation Wildlife Strategy (2005a, p. 
1094), which mentioned that the eastern portion of the species' 
historical range is now used for agricultural production.
    Also, in support of its assertion that the species is threatened by 
habitat fragmentation from road construction and development, the 
petitioner presented data adapted from the U.S. Census Bureau showing 
that the total human population of the counties included within the 
spot-tailed earless lizard's historical range increased by 33 percent 
between 1990 and 2008, to over 6.2 million people (U.S. Census Bureau 
2009). Additionally, the petitioner stated that 5 counties in Texas 
(Williamson, Hays, Comal, Kendall, and Guadalupe) within the lizard's 
historical range are among the 100 fastest growing counties in the 
United States (U.S. Census Bureau 2009, pp. 1-5).
Evaluation of Information Provided in the Petition and Available in 
Service Files
    In reference to the petitioner's claims concerning the conversion 
of native habitat to cropland and nonnative grasses for livestock, the 
information presented appears to be reliable.The petitioner cited 
TPWD's Comprehensive Wildlife Conservation Strategy, which noted that 
the spread of nonnative grasses is a problem in Texas (TPWD 2005b, p. 
88). However, the petitioner provided no information indicating how the 
spread of nonnative grasses may be acting on the species. Also, the 
petitioner provided no information on the conversion of native habitat 
to cropland, the extent to which this may be occurring within the range 
of the species, or how this might impact the spot-tailed earless 
lizard. Therefore, the petitioner has not provided substantial 
information indicating that conversion of native habitat to cropland or 
nonnative grasses for livestock may be a threat to the spot-tailed 
earless lizard, and our files do not contain any information to support 
the petitioner's claims.
    In reference to the petitioner's claim that habitat fragmentation 
by road construction and development is a threat to the species, the 
information appears reliable. The petitioner referenced human 
population growth in conjunction with habitat fragmentation by road 
construction, but provided no information indicating how this potential 
threat may be acting on the species. Also, we have no information 
available in our files indicating that the spot-tailed earless lizard's 
movements are inhibited by roads or that roads are acting as barriers 
to the lizard. Based on the above, the petitioner has not provided 
substantial information indicating that habitat fragmentation by road 
construction and development may be a threat to the spot-tailed earless 
lizard.
    We believe that crossing highways may result in mortality to 
individual lizards; however, there is no evidence indicating that road-
related mortalities are having an impact on the species'status. We 
believe the impact of road-related mortality is minimal because of the 
species' small home range size. In a similar species, Jones and Droge 
(1980, pp. 127-132) found that the mean home range of the lesser 
earless lizard (Holbrookia maculata) was less than 1 acre (0.4 
hectare). Therefore, it's likely that the spot-tailed earless lizard 
would have to be living right next to a road for the possibility of a 
road-related mortality to occur. We have no information readily 
available in our files and the petitioner provided no information 
indicating that road-related mortalities may have an impact on the 
species' overall status. Based on the above, the petitioner has not 
provided substantial information indicating that road-related 
mortalities may be a threat to the spot-tailed earless lizard.
    In summary, we find that the petition, along with information 
readily available in our files, has not presented

[[Page 30085]]

substantial information that the spot-tailed earless lizard may warrant 
listing due to the present or threatened destruction, modification, or 
curtailment of its habitat or range.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

Information Provided in the Petition
    The petition states that the extent of impacts due to this factor 
is currently unknown and suggests that the Service should investigate 
whether collection of the spot-tailed earless lizard for scientific 
purposes or for the pet trade is a threat to this species.
Evaluation of Information Provided in the Petition and Available in 
Service Files
    We currently have no information readily available in our files 
that suggests that overutilization for commercial, recreational, 
scientific, or educational purposes may be a threat to this 
species.Therefore, we find that the petition, along with information 
available in our files, has not presented substantial information that 
the spot-tailed earless lizard may warrant listing due to this factor.

C. Disease or Predation

Information Provided in the Petition
    The petitioner asserts that the redimported fire ant 
(Solenopsisinvicta) (fire ant), a nonnative species, is a threat to the 
spot-tailed earless lizard. In support of this threat, the petitioner 
cited Hammerson et al. (2007, p. 6), which stated that the existence of 
fire ants in the spot-tailed earless lizard's habitat is a threat to 
the species. Also, the petitioner provided a map showing that the 
current range of the fire ant covers the entire current spot-tailed 
earless lizard rangein Texas (USDA 2006, p. 1).The petitioner states 
that fire ants prey on reptiles and their eggs, and are reportedly 
contributing to the decline of native species (Reagan et al. 2000, pp. 
475-478; Allen et al. 2004, pp. 88-103). Fire ants also prey on 
hatchlings and adult animals (Wojcik et al. 2001, pp. 16-23).
    Additionally, the petitioner noted that habitat disturbances can 
lead to invasions by fire ants across specific locations (Zettler et 
al. 2004, p. 517). Fire ant colonies multiply in disturbed and early-
succession areas, such as woody debris in clearcut areas (Todd et al. 
2008, p. 540). Thus, clear cutting in spot-tailed earless lizard 
woodland habitat could trigger fire ant invasions. Further, the 
petitioner provided support by citing Todd et al. (2008, p. 540), which 
noted that spot-tailed earless lizards burrow into fallen logs and 
other ground debris, and use these substrates as escape habitat or 
cover in harsh environmental conditions, but these habitats can 
function as a trap for the lizards in areas where fire ants have 
invaded.
Evaluation of Information Provided in the Petition and Available in 
Service Files
    In reference to the petitioner's claims that the fire ant is a 
threat to the spot-tailed earless lizard, the petitioner provided no 
information and we have none readily available in our files concerning 
the spread of the fire ant over the spot-tailed earless lizard's range 
in Mexico. However, information readily available in our files supports 
the petitioner's claim that the current range of the fire ant covers 
the entire current spot-tailed earless lizard range in Texas.
    Information in our files also indicates that fire ant predation may 
be a factor that is negatively impacting the overall status of the 
spot-tailed earless lizard. The fire ant is an aggressive and 
indiscriminate predator that can have devastating and longlasting 
impacts on native populations and communities (Vinson and Sorenson 
1986, p. 17; Porter and Savignano 1990, p. 2095). The petitioner 
provided references that support the claim that fire ants predate on 
eggs, hatchlings, and adults of a variety of species, including lizards 
(Wojcik et al. 2001, pp. 19-20). Although there is no direct 
information on the decline of the spot-tailed earless lizard due to 
fire ant predation, the information presented about other reptiles, in 
addition to the aggressive and indiscriminate predatory nature of the 
fire ant, leads us to believe there may be negative impacts to the 
spot-tailed earless lizard. It is likely that fire ants are preying on 
adults, hatchlings, and eggs of spot-tailed earless lizards. Therefore, 
information provided by the petitioner and readily available in our 
files constitutes substantial information indicating that fire ants may 
be a threat to the spot-tailed earless lizard.
    Regarding the petitioner's claim that habitat disturbances can lead 
to invasions by fire ants across specific locations, the information 
provided appears reliable. A study by Todd et al. (2008, pp. 542-545) 
found that fire ant abundance increases with disturbances to native 
species habitat. Porter et al. (1988, p. 916) reported that the 
invasion of fire ants is known to be aided by any disturbance that 
clears a site of heavy vegetation and disrupts the native ant 
community. Therefore, it is likely that disturbances such as a clear 
cutting can trigger fire ant invasions.
    In summary, there is substantial information on the adverse effects 
of fire ants on native fauna in general, including reptiles, and 
substantial information that fire ants may pose a threat to the spot-
tailed earless lizard through direct predation on adults, hatchlings, 
and eggs. In addition, there is substantial information that fire ants 
occur across a large part of the spot-tailed earless lizard's range. 
Therefore, we find that the information provided in the petition, along 
with information readily available in our files, has presented 
substantial information indicating that the species may warrant listing 
due to predation, primarily by the fire ant.

D. The Inadequacy of Existing Regulatory Mechanisms

Information Provided in the Petition

    The petitioner asserts that the spot-tailed earless lizard has no 
regulatory protection. Yet, the petitioner also cites NatureServe 
(2009, p. 2) and states that one to two spot-tailed earless lizard 
populations are appropriately protected and managed. Other citations 
provided by the petitioner include the IUCN's Red List Ranks (Hammerson 
et al. 2007) and TPWD's Wildlife Conservation Strategy (TPWD 2005b).
Evaluation of Information Provided in the Petition and Available in 
Service Files
    In reference to the petitioner's claim that the lack of regulatory 
protection is a threat to the spot-tailed earless lizard, the 
petitioner provided no information indicating how this potential impact 
may be acting on the species. We have identified the fire ant as a 
potential threat, but we are not aware of any regulatory mechanism that 
would address this potential threat. Therefore, we find that neither 
the petition nor information readily available in our files presented 
substantial information that the species may warrant listing due to the 
inadequacy of existing regulator mechanisms.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Information Provided in the Petition
    The petitioner asserts that pollutants, obstructions to movement, 
and climate change are threats to the spot-tailed earless lizard. In 
support of pollutants being a threat, the petitioner stated that the 
most severe threat to the spot-tailed earless lizard's survival is the 
use of agricultural pesticides and herbicides (NatureServe 2009, p. 1). 
Also, the

[[Page 30086]]

petitioner pointed out that environmental pollutants are likely major 
threats to reptiles around the globe and gave examples of the adverse 
effects of carbaryl (a chemical in the carbonate family used chiefly as 
an insecticide) on locomotion, energy use, and overall fitness of 
terrestrial lizards (DuRant 2006, pp. 39-41; DuRant et al. 2007a, pp. 
446-447; DuRant et al. 2007b, pp. 20-23) and atrazine's (an organic 
compound used as an herbicide) possible effect as an endocrine 
disruptor in reptiles (Deb 2005, p. 401).
    In support of obstructions to movement being a threat, the 
petitioner asserted that spot-tailed earless lizards that try to cross 
highways usually do not survive (NatureServe 2009, p. 1). In addition, 
the petitioner alleges that buildings, pavement, human structures, 
rivers, ponds, and lakes are barriers to the lizard's movement, but no 
other evidence or references are provided to indicate whether the spot-
tailed earless lizard is exposed to the barriers or whether the species 
responds to these barriers in a way that causes actual impacts to the 
species.
    In regards to climate change being a threat to the spot-tailed 
earless lizard, the petitioner cited studies on the potential adverse 
effects of climate change. For example, the petitioner claims that 
climate change is expected to cause more extreme and frequent weather 
events that include droughts, heavy rainfall, and heat waves (Karl et 
al. 2009, p. 126). The petitioner further states that climate-driven 
changes are likely to combine with other human-induced stresses to 
increase the vulnerability of natural ecosystems to pests, invasive 
species, and loss of native species (Karl et al. 2009, p. 126). 
Fischlin et al. (2007, pp. 224-226) proposed that the productivity, 
structure, and carbon balance of grassland ecosystems are extremely 
sensitive to climatic shifts. Root and Schneider (2002, pp. 29-30) 
addressed how climate is likely to affect animals with habitat 
associations in particular vegetation types. The ranges of animals 
relying on plant communities could become compressed, and in some 
instances, both the plants and the animals could become extinct (Root 
and Schneider 2002, pp. 29-30).
Evaluation of Information Provided in the Petition and Available in 
Service Files
    In reference to the petitioner's claim that pollutants may be a 
threat to the spot-tailed earless lizard, the information appears 
reliable. References cited in the petition on the effects of carbonate 
are studies on the western fence lizard (Sceloporusoccidentalis), which 
is in the same family as the spot-tailed earless lizard (DuRant 2006, 
pp. 39-41; DuRant et al. 2007a, pp. 446-447; DuRant et al. 2007b, pp. 
20-23). Because the lizards are in the same family, it is plausible to 
assume that if the spot-tailed earless lizard is exposed to carbonate 
pollutants, similar results to exposure to the pesticides would likely 
occur. Also, the reference to atrazine is only a very general reference 
to reptiles (Deb 2005, p. 401), but it does suggest that the pesticide 
could act as an endocrine disruptor in the spot-tailed earless lizard. 
However, the petition does not provide information on the current or 
historical use of these pesticides or any other agricultural pesticides 
within the spot-tailed earless lizard's range, and we have no 
information readily available in our files indicating the extent of use 
of these pollutants in the species' range, or if these pollutants may 
be having an impact on the spot-tailed earless lizard. Consequently, 
the petitioner has not provided substantial information indicating that 
pollutants may be a threat to the spot-tailed earless lizard.
    In reference to the petitioner's claim that obstruction to 
movements is a threat to the spot-tailed earless lizard, the petitioner 
did not provide reliable data to support their claim. We previously 
addressed the petitioner's claims regarding roads as a threat under 
Factor A above. Concerning other barriers to movement, the petitioner 
provided no information indicating how these potential impacts may be 
acting on the species. Therefore, the petitioner has not provided 
substantial information indicating that obstruction to movement may be 
a threat to the species.
    In reference to the petitioner's claim that climate change is a 
threat to the spot-tailed earless lizard, the information appears to be 
reliable. However, the petitioner provided references to studies that 
discussed climate change in general terms, that discussed the potential 
impacts of climate change in areas outside of the spot-tailed earless 
lizard's range, and that discussed the potential impacts of climate 
change on unrelated species. No information was provided by the 
petitioner indicating whether the spot-tailed earless lizard might be 
sensitive to environmental changes resulting from climate change, and 
no information was provided regarding the extent of potential exposure 
of the spot-tailed earless lizard to climate change impacts. The 
petitioner cited Root and Schneider (2002, pp. 29-30) who addressed how 
climate is likely to affect animals with habitat associations in 
particular vegetation types. However, the spot-tailed earless lizard is 
found in a variety of habitats across a broad geographic range (Axtell 
1968, p. 56.1; Conant and Collins 1991, p. 101; Dixon 2000, p. 73; TPWD 
2005a, p. 1; Hammerson et al. 2007, p. 2). Also, it is hypothesized 
that plant and animal communities are generally expected to shift 
toward the poles or increase in altitude with increasing global 
temperatures and drought conditions (Parmesan et al. 2000, p. 443; 
Cameron and Scheel 2001, p. 676; Root and Schneider 2002, pp. 22-23; 
Karl et al. 2009, pp. 72, 132). We believe that increasing global 
temperatures and drought conditions may have little impact on spot-
tailed earless lizards, because the species is physiologically and 
behaviorally well adapted to warm, arid landscapes. Therefore, based on 
the above information, the petitioner has not provided substantial 
information indicating that the environmental changes associated with 
climate change may be a threat to the spot-tailed earless lizard.
    In summary, we find that the petition, along with information 
readily available in our files, did not present substantial information 
that the spot-tailed earless lizard may warrant listing due to other 
natural or manmade factors.

Finding

    On the basis of our determination under section 4(b)(3)(A) of the 
Act, we have determined that the petition presents substantial 
scientific or commercial information indicating that listing both the 
northern and southern subspecies of the spot-tailed earless lizard 
throughout their entire ranges may be warranted. This finding is based 
on information provided under factor C, the potential threat from fire 
ant predation.
    Because we have found that the petition presents substantial 
information indicating that listing the spot-tailed earless lizard may 
be warranted, we are initiating a status review to determine whether 
listing the spot-tailed earless lizard under the Act is warranted.
    The ``substantial information'' standard for a 90-day finding 
differs from the Act's ``best scientific and commercial data'' standard 
that applies to a status review to determine whether a petitioned 
action is warranted. A 90-day finding does not constitute a status 
review under the Act. In a 12-month finding, we will determine whether 
a petitioned action is warranted after we have completed a thorough 
status review of the species, which is

[[Page 30087]]

conducted following a substantial 90-day finding. Because the Act's 
standards for 90-day and 12-month findings are different, as described 
above, a substantial 90-day finding does not mean that the 12-month 
finding will result in a warranted finding.

References Cited

    A complete list of references cited is available on the Internet at 
http://www.regulations.gov and upon request from the Austin Ecological 
Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this notice are staff members of the Austin 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Authority

    The authority for this action is section 4 of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: May 17, 2011.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-12752 Filed 5-23-11; 8:45 am]
BILLING CODE 4310-55-P