[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Proposed Rules]
[Pages 75858-75859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31198]



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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; 6-Month Extension 
of Final Determination for the Proposed Listing of the Dunes Sagebrush 
Lizard as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
6-month extension of the final determination of whether to list the 
dunes sagebrush lizard (Sceloporus arenicolus) (lizard) as endangered 
and reopen the comment period on the proposed rule to list the species. 
We are taking this action because there is substantial disagreement 
regarding the sufficiency or accuracy of the available data relevant to 
the proposed listing rule, making it necessary to solicit additional 
information by reopening the comment period for 45 days.

DATES: The comment period end date is January 19, 2012. We request that 
comments be submitted by 11:59 p.m. Eastern Time on the closing date.

ADDRESSES: You may submit written comments by one of the following 
methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Search for Docket No. FWS-R2-ES-2010-0041, which 
is the docket number for this rulemaking.
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: 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, MS 2042-PDM; Arlington, VA 22203.
    We request that you send comments only by the methods described 
above. We will post all comments 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 information).

FOR FURTHER INFORMATION CONTACT: Wally Murphy, Field Supervisor, U.S. 
Fish and Wildlife Service, New Mexico Ecological Services Office, 2105 
Osuna NE., Albuquerque, NM 87113; telephone ((505) 761-4781). Persons 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) at (800) 877-8339).

SUPPLEMENTARY INFORMATION:

Background

    On December 14, 2010, we published a proposed rule (75 FR 77801) to 
list the dunes sagebrush lizard, a lizard known from southeastern New 
Mexico and adjacent west Texas, as endangered under the Endangered 
Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.). For a 
description of previous Federal actions concerning the dunes sagebrush 
lizard (formerly known as the sand dunes lizard), please refer to the 
proposed rule. In addition to the original comment period associated 
with the publication of the proposed rule, we held two public meetings 
in April 2011 and reopened the comment period to accept additional 
public comments (76 FR 19304, April 7, 2011). That comment period 
closed on May 9, 2011.
    Section 4(b)(6) of the Act requires that we take one of three 
actions within 1 year of a proposed listing: (1) Finalize the proposed 
listing; (2) withdraw the proposed listing; or (3) extend the final 
determination by not more than 6 months, if there is substantial 
disagreement regarding the sufficiency or accuracy of the available 
data relevant to the determination, for the purposes of soliciting 
additional data.
    Since the publication of the proposed rule, there has been 
substantial disagreement regarding the interpretation of the limited 
surveys used to determine the dunes sagebrush lizard's status and 
trends. This has led to a significant disagreement regarding the 
current conservation status of the species in New Mexico and Texas. In 
addition, there was sparse information on the dunes sagebrush lizard's 
presence in Texas, leading to substantial disagreement on the accuracy 
of our analysis of the status of the lizard in Texas.
    Therefore, in consideration of the disagreements surrounding the 
lizard's status, we are extending the final determination for 6 months 
in order to solicit information that will help to clarify these issues.

Public Comments

    We will accept written comments and information during this 
reopened comment period on our proposed listing for the dunes sagebrush 
lizard that was published in the Federal Register on December 14, 2010 
(75 FR 77801). We will consider information and recommendations from 
all interested parties. We intend that any final action resulting from 
this proposal be as accurate as possible and based on the best 
available scientific and commercial data.
    Therefore, in consideration of the disagreements surrounding the 
lizard's status, we are extending the final determination for 6 months 
in order to solicit information that will help to clarify these issues. 
We are particularly interested in new information regarding:
    (1) Population estimates of the dunes sagebrush lizard in New 
Mexico and Texas.
    (2) Data that quantify the current amount of habitat and the loss 
of habitat.
    (3) Survey information, including maps, throughout the dunes 
sagebrush lizard's range, especially for Texas.
    In addition to our request for new information, we are also 
reopening the comment period to ensure the public has full access to 
and an opportunity to comment on all the available information we have 
received since the second comment period closed. We have received new 
survey information for the lizard in New Mexico and Texas and an 
unsolicited peer review study on our proposed rule. We are soliciting 
input from concerned governmental agencies, the scientific community, 
industry, or any other interested party concerning the proposed rule in 
light of this additional information.
    If you previously submitted comments or information on the proposed 
rule, please do not resubmit them. We have incorporated them into the 
public record, and we will fully consider them in the preparation of 
our final determination. Our final determination concerning this 
proposed listing will take into consideration all written comments and 
any additional information we received.
    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit a comment via http://www.regulations.gov, your entire 
comment--including any personal identifying information--will be posted 
on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. If you submit a hardcopy comment 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.
    Comments and materials we receive, as well as supporting 
documentation we

[[Page 75859]]

used in preparing the proposed rule, will be available for public 
inspection on http://www.regulations.gov at Docket No. FWS-R2-ES-2010-
0041, or by appointment, during normal business hours, at the U.S. Fish 
and Wildlife Service, New Mexico Ecological Services Field Office (see 
FOR FURTHER INFORMATION CONTACT). You may obtain copies of the proposed 
rule on the Internet at http://www.regulations.gov at Docket No. FWS-
R2-ES-2010-0041, or by mail from the New Mexico Ecological Services 
Field Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this notice are the staff of the U.S. Fish 
and Wildlife Service.

Authority

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

    Dated: November 22, 2011.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2011-31198 Filed 12-2-11; 8:45 am]
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