[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; 
[email protected]. 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

[[Page 43204]]

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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