[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Proposed Rules]
[Pages 11061-11062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4348]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2010-004; 4500030113]
RIN 1018-AV97


Endangered and Threatened Wildlife and Plants; Proposed 
Endangered Status for the Dunes Sagebrush Lizard

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of availability and reopening of comment 
period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period on our December 14, 2010, 
proposed endangered status for the dunes sagebrush lizard (Sceloporus 
arenicolus) under the Endangered Species Act of 1973, as amended. We 
also announce the availability of a signed conservation agreement for 
the dunes sagebrush lizard in Texas. We are reopening the comment 
period to allow all interested parties an opportunity to comment 
simultaneously on the proposed rule, the new conservation agreement, 
and a previously completed conservation agreement for the dunes 
sagebrush lizard in New Mexico. Comments previously submitted need not 
be resubmitted, as they will be fully considered in preparation of the 
final rule.

DATES: The comment period end date is March 12, 2012. We request that 
comments be submitted by 11:59 p.m. Eastern Time on the closing date.

ADDRESSES: Document availability: You may obtain copies of the proposed 
rule, the ``Texas Conservation Plan for Dunes Sagebrush Lizard 
(Sceloporus arenicolus)'', and the ``Candidate Conservation Agreement 
for the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) and Sand 
Dune Lizard (Sceloporus arenicolus) in New Mexico'' on the Internet at 
http://www.regulations.gov at Docket Number FWS-R2-ES-2010-0041, or by 
mail from the New Mexico Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT).
    Comment submission: 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.

[[Page 11062]]

    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). On December 5, 2011, we 
provided notice of extension of our final determination pursuant to 
section 4(b)(6) of the Act and reopened the comment period a third time 
(76 FR 75858). That comment period closed on January 19, 2012.
    Since that time, the Texas Comptroller's Office, in coordination 
with industry, landowners, and agricultural interests, has prepared and 
finalized a conservation agreement for the lizard, titled the ``Texas 
Conservation Plan for Dunes Sagebrush Lizard (Sceloporus arenicolus)''. 
Additionally, the ``Candidate Conservation Agreement for the Lesser 
Prairie-Chicken (Tympanuchus pallidicinctus) and Sand Dune Lizard 
(Sceloporus arenicolus) in New Mexico'' was finalized in December 2008. 
The Service would like to consider the conservation measures in these 
agreements in its final listing determination. As such, we are 
reopening the comment period to allow the public an opportunity to 
provide comment on the likelihood of implementation and effectiveness 
of the conservation measures in the agreements pursuant to our Policy 
for Evaluation of Conservation Efforts When Making Listing Decisions 
(68 FR 15100; March 28, 2003).

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.
    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 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).

Authority

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

    Dated: February 10, 2012.
Daniel M. Ashe,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2012-4348 Filed 2-23-12; 8:45 am]
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