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Withdrawal of Proposed Rule to List the Flat-Tailed Horned Lizard As Threatened; Proposed Rule

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Withdrawal of Proposed Rule to List the Flat-Tailed Horned Lizard As Threatened; Proposed Rule Vol. 76 Tuesday, No. 50 March 15, 2011 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Withdrawal of Proposed Rule To List the Flat-Tailed Horned Lizard as Threatened; Proposed Rule VerDate Mar<15>2010 17:35 Mar 14, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\15MRP3.SGM 15MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 14210 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR lizard found in the Sonoran Desert of hybrids between flat-tailed and desert the southwestern United States and horned lizards have been observed in Fish and Wildlife Service northwestern Mexico. All of the species the vicinity of Ocotillo, California of lizards in the genus Phrynosoma—the (Stebbins 2003, p. 302). Additionally, 50 CFR Part 17 horned lizards—have dorso-ventrally the regal horned lizard (P. solare) also [Docket No. FWS–R8–ES–2010–0008; MO flattened, ‘‘pancake-like’’ bodies; spiny occurs in northwestern Sonora, Mexico 92210–0–0008] scales; head spines or ‘‘horns’’; cryptic (Rorabaugh 2008, p. 39); we are not coloration; and certain similar aware of hybridization with this species. RIN 1018–AX07 behavioral traits (Sherbrooke 2003, pp. 4–17; Stebbins 2003, p. 299; Leache´ and Life History Endangered and Threatened Wildlife McGuire 2006, p. 629). and Plants; Withdrawal of Proposed Flat-tailed horned lizards are Among horned lizard species, the flat- oviparous (egg-laying), are early Rule To List the Flat-Tailed Horned tailed horned lizard has particularly Lizard as Threatened maturing, and may produce multiple long and sharp horns (Funk 1981, p. clutches within a breeding season AGENCY: Fish and Wildlife Service, 281.1; Sherbrooke 2003, p. 40; Young et (Howard 1974, p. 111; Turner and Interior. al. 2004a, p. 65). Other characteristics Medica 1982, p. 819), which, when it ACTION: Proposed rule; withdrawal. that help distinguish flat-tailed horned occurs, results in two groups of lizards from other members of the genus individuals in a single year that are all SUMMARY: We, the U.S. Fish and include a dark line down the middle of generally the same age (that is, two Wildlife Service (Service), determine the back (vertebral stripe), lack of cohorts). However, some authors that the listing of the flat-tailed horned external ear openings, two rows of question whether the observed two lizard (Phrynosoma mcallii) as a fringe scales, an unspotted vent, and— cohorts is the result of individual threatened species under the as indicated by its common name—a females producing two clutches in a Endangered Species Act of 1973, as long, broad, flattened tail (Funk 1981, p. year or whether different groups of amended (Act), is not warranted, and 281.1; Sherbrooke 2003, p. 40). The flat- females lay eggs at different times (Muth we therefore withdraw our November tailed horned lizard is average in size and Fisher 1992, p. 46; Young and 29, 1993, proposed rule to list it under when compared to other horned lizard Young 2000, p. 11). Flat-tailed horned the Act. We made this determination in species. Flat-tailed horned lizards lizards produce relatively small clutches this withdrawal because threats to the become adults when about 60 to 64 of eggs (mean clutch size = 4.7; range = species as identified in the 1993 millimeters (mm) (2.4 to 2.5 inches (in)) 3 to 7) (Howard 1974, p. 111) compared proposed rule are not as significant as long, not including the tail (snout-to- to most other horned lizards (Sherbrook earlier believed, and available data do vent length), and may grow to be about 2003, p. 139). The first cohort hatches not indicate that the threats to the 87 mm (3.4 in) long (Young and Young in July to August (Muth and Fisher species and its habitat, as analyzed 2000, p. 34; Rorabaugh and Young 2009, 1992, p. 19; Young and Young 2000, p. p. 182). The dorsal coloration of flat- under the five listing factors described 13), and when it occurs, the second tailed horned lizards varies and closely in section 4(a)(1) of the Act, are likely cohort may be produced in September matches the colors of the desert soils on to endanger the species in the (Howard 1974, p. 111; Muth and Fisher which they live, ranging from pale gray foreseeable future throughout all or a 1992, p. 19). Hatchlings from the first to light rust-brown, while their ventral significant portion of its range. cohort may reach sexual maturity after coloration is white or cream-colored DATES: The November 29, 1993 (58 FR their first winter season, whereas (Funk 1981, p. 281.1; Flat-tailed Horned 62624), proposal to list the flat-tailed individuals that hatch later may require Lizard Interagency Coordinating horned lizard as a threatened species is an additional growing season to mature Committee [FTHLICC] 2003, p. 1; withdrawn as of March 15, 2011. (Howard 1974, p. 111). Flat-tailed Stebbins 2003, p. 304). First described ADDRESSES: This withdrawal of the by Hallowell in 1852, no subspecies horned lizards typically live for 4 years, proposed rule is available on the have been described or are recognized or rarely even 6 years, in the wild Internet at http://www.regulations.gov. for the flat-tailed horned lizard (Crother (FTHLICC 2003a, p. 10). Comments and materials received, as et al. 2008, p. 35). A home range is the area in which an well as supporting documentation for The flat-tailed horned lizard occurs animal (as an individual) typically lives. this rulemaking is available for public within the range of the desert horned Flat-tailed horned lizards can have inspection, by appointment, during lizard (Phrynosoma platyrhinos). relatively large home ranges compared normal business hours at the U.S. Fish Additionally, Goode’s horned lizard (P. to other species of lizards of similar size and Wildlife Service, Carlsbad Fish and [platyrhinos] goodie), which Klauber (FTHLICC 2003a, p. 9). Muth and Fisher Wildlife Office, 6010 Hidden Valley (1935, p. 179) considered to be a (1992, p. 34) found the mean home Road, Suite 101, Carlsbad, CA 92011; subspecies of the desert horned lizard range size was 2.7 hectares (ha) (6.7 telephone 760–431–9440; facsimile (Klauber 1935, p. 179), also occurs acres (ac)) on the West Mesa, California. 760–431–9624. within the range of the flat-tailed In the Yuma Desert of Arizona, Young FOR FURTHER INFORMATION CONTACT: Jim horned lizard in the portion southeast of and Young (2000, p. 54) found mean Bartel, Field Supervisor, Carlsbad Fish the confluence of the Gila and Colorado home ranges for males differed between and Wildlife Office (see ADDRESSES Rivers (Mulcahy et al. 2006, p. 1823). drought and wet years, while those of section). If you use a Recent genetic analyses support Goode’s females did not. The mean home range telecommunications device for the deaf horned lizard as a differentiable size for males was 2.5 ha (6.2 ac) during (TDD), call the Federal Information evolutionary species (Mulcahy et al. a dry year versus 10.3 ha (25.5 ac) Relay Service (FIRS) at 800–877–8339. 2006, pp. 1807–1826). Hybrids between during a wet year. Female mean home SUPPLEMENTARY INFORMATION: flat-tailed and Goode’s horned lizards, ranges were smaller at 1.3 ha (3.2 ac) exhibiting a mix of morphological and and 1.9 ha (4.7 ac) in dry and wet years, Background genetic characters, have been observed respectively (Young and Young 2000, p. The flat-tailed horned lizard southeast of Yuma, Arizona (Mulcahy et 54). Young and Young (2000, p. 55) (Phrynosoma mcallii) is a small, spiny al. 2006, p. 1810), while apparent noted a wide variation in movement VerDate Mar<15>2010 17:35 Mar 14, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\15MRP3.SGM 15MRP3 jlentini on DSKJ8SOYB1PROD with PROPOSALS3 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 14211 patterns, with a few home ranges motionless when approached (Wone northwestward continuation of the Gulf estimated at greater than 34.4 ha (85 ac). and Beauchamp 1995, p. 132); however, of California. During the period starting Flat-tailed horned lizards are not they may occasionally bury themselves at least several million years ago, as sea known to drink standing water in loose sand if it is available (Norris levels rose and fell, the Gulf of (FTHLICC 2003a, p. 8), but they 1949, p. 176), and even more rarely, flee California filled the present-day Salton apparently do rain-harvest (Grant 2005, (Young and Young 2000, p. 12). Their Trough, often extending the Gulf pp. 66–67), which is a behavior that propensity to remain motionless and northward into the present-day San some horned lizard species use to bury in the sand, along with their Gorgonio Pass, east of Cabazon, channel precipitation or condensation cryptic coloration and flattened body, California. The Colorado River flowed collected on the lizard’s body to its make them difficult to detect visually, into the Gulf at roughly the same mouth for consumption (Sherbrook which serves as a way to evade geographical area as today, but with the 2003, p. 104). Thus, nearly all of the predators but also makes them difficult Gulf extending to a more northerly water consumed by flat-tailed horned for surveyors to find in the field point, the river flowed into the Gulf lizards is from the food they eat (FTHLICC 2003a, pp. 9, 65; Grant and mid-way along its length. (preformed water) (FTHLICC 2003a, p.
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