Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Proposed Rules 77801

Act, I certify that this action will not DEPARTMENT OF THE INTERIOR Public Comments have a significant economic impact on We intend that any final action Fish and Wildlife Service a substantial number of small entities. resulting from this proposed rule will be This proposed rule will not impose any based on the best scientific and 50 CFR Part 17 new requirements on any entities commercial data available and be as because it does not impose any [Docket No. FWS–R2–ES–2010–0041; MO accurate and as effective as possible. additional regulatory requirements. This 92210–0–0008] Therefore, we request comments or action also does not have Tribal information from other concerned implications because it will not have a RIN 1018–AV97 governmental agencies, Native substantial direct effect on one or more Endangered and Threatened Wildlife American Tribes, the scientific Indian Tribes, on the relationship and Plants; Endangered Status for community, industry, or any other between the Federal government and Dunes Sagebrush Lizard interested parties concerning this Indian Tribes, or on the distribution of proposed rule. We particularly seek power and responsibilities between the AGENCY: Fish and Wildlife Service, comments concerning: Federal government and Indian Tribes, Interior. (1) The historical and current status as specified by Executive Order 13175 ACTION: Proposed rule. and distribution of the dunes sagebrush (65 FR 67249, November 9, 2000). This lizard, its biology and ecology, and action also does not have Federalism SUMMARY: We, the U.S. Fish and ongoing conservation measures for the implications because it does not have Wildlife Service, propose to list the species and its habitat. substantial direct effects on the States, dunes sagebrush lizard (Sceloporus (2) Information relevant to the factors that are the basis for making a listing on the relationship between the national arenicolus), a lizard known from determination for a species under government and the States, or on the southeastern New Mexico and adjacent west Texas, as endangered under the section 4(a) of the Endangered Species distribution of power and Endangered Species Act of 1973, as Act of 1973, as amended (Act) (16 responsibilities among the various amended. If we finalize the rule as U.S.C. 1531 et seq.), which are: levels of government, as specified in proposed, it would extend the Act’s (a) The present or threatened Executive Order 13132 (64 FR 43255, protections to this species. We have destruction, modification, or August 10, 1999). This action also is not determined that critical habitat for the curtailment of the species’ habitat or subject to Executive Order 13045 dunes sagebrush lizard is prudent but range; ‘‘Protection of Children from not determinable at this time. (b) Overutilization for commercial, Environmental Health Risks and Safety DATES: We will consider comments recreational, scientific, or educational Risks’’ (62 FR 19885, April 23, 1997). received or postmarked on or before purposes; The requirements of section 12(d) of the February 14, 2011. We must receive (c) Disease or predation; National Technology Transfer and requests for public hearings, in writing, (d) The inadequacy of existing Advancement Act of 1995 (15 U.S.C. at the address shown in the FOR FURTHER regulatory mechanisms; or 272 note) do not apply. This action does INFORMATION CONTACT section by January (e) Other natural or manmade factors not impose an information collection 28, 2011. affecting its continued existence and threats to the species or its habitat. burden under the provisions of the ADDRESSES: You may submit comments Paperwork Reduction Act of 1995 (44 (3) Which areas would be appropriate by one of the following methods: as critical habitat for the species and U.S.C. 3501, et seq.). EPA’s compliance • Federal eRulemaking Portal: http:// with these statutes and Executive why they should be proposed for www.regulations.gov. Search for docket designation as critical habitat. Orders for the underlying rule is FWS–R2–ES–2010–0041 and then discussed in the October 29, 2009, (4) The reasons why areas should or follow the instructions for submitting should not be designated as critical Federal Register document. comments. habitat as provided by section 4 of the • U.S. mail or hand-delivery: Public List of Subjects in 40 CFR Part 63 Act of 1973, including whether the Comments Processing, Attn: FWS–R2– benefits of designation would outweigh Environmental protection, ES–2010–0041; Division of Policy and threats to the species that designation Administrative practice and procedure, Directives Management; U.S. Fish and could cause, such that the designation Air pollution control, Monitoring, Wildlife Service; 4401 N. Fairfax Drive, of critical habitat is or is not prudent. Reporting and recordkeeping. Suite 222; Arlington, VA 22203. Please note that submissions merely We will post all information received Dated: December 7, 2010. stating support for or opposition to the on http://www.regulations.gov. This action under consideration without Lisa P. Jackson, generally means that we will post any providing supporting information, Administrator. personal information you provide us although noted, will not be considered [FR Doc. 2010–31330 Filed 12–13–10; 8:45 am] (see the Public Comments section below in making a determination, as section for more details). BILLING CODE 6560–50–P 4(b)(1)(A) of the Act directs that FOR FURTHER INFORMATION CONTACT: determinations as to whether any Wally ‘‘J’’ Murphy, Field Supervisor, species is an endangered or threatened New Mexico Ecological Services Field species must be made ‘‘solely on the Office, 2105 Osuna, NE., Albuquerque, basis of the best scientific and NM 87113; by telephone 505–761–4718 commercial data available.’’ or by facsimile 505–346–2542. Persons You may submit your comments and who use a telecommunications device materials concerning this proposed rule for the deaf (TDD) may call the Federal by one of the methods listed in the Information Relay Service (FIRS) at ADDRESSES section. 800–877–8339. If you submit a comment via http:// SUPPLEMENTARY INFORMATION: www.regulations.gov, your entire

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submission—including any personal document, we provided notice of our determined that listing was warranted, identifying information—will be posted intent to discontinue maintaining a list but precluded by higher priorities (69 on the Web site. If your submission is of Category 2 species, and we dropped FR 77167). In that finding, the species made via a hard copy that includes all former Category 2 species from the remains on the candidate list with a personal identifying information, you list. This was done in order to reduce LPN of 2. confusion about the conservation status may request at the top of your document Species Information that we withhold this information from of those species, and to clarify that we public review. However, we cannot no longer regarded them as candidate The dunes sagebrush lizard is a small, guarantee that we will be able to do so. species. As a result, the dunes sagebrush light brown phrynosomatid lizard We will post all hardcopy comments on lizard did not appear as a candidate in (family Phrynosomatidae, genus http://www.regulations.gov. Please our 1996 (61 FR 7596; February 28, Sceloporus) with a maximum snout-to- include sufficient information with your 1996), 1997 (62 FR 49398; September vent length of 70 millimeters (mm) (2.8 comments to allow us to verify any 19, 1997), or 1999 (64 FR 57534; inches (in)) for females and 65 mm (2.6 scientific or commercial information October 25, 1999) notices of review. in) for males (Degenhardt et al. 1996, p. you include. In our 2001 CNOR, the dunes 160). Sabath (1960, p. 22) first described Comments and materials we receive, sagebrush lizard was placed on our the occurrence of light-colored as well as supporting documentation we candidate list with listing priority sagebrush lizards in southeastern New used in preparing this proposed rule, number (LPN) of 2 (66 FR 54807; Mexico and western Texas. Kirkland L. will be available for public inspection October 30, 2001). Service policy (48 FR Jones collected the type specimen for on http://www.regulations.gov, or by 43098, September 21, 1983) requires the Sceloporus arenicolus on April 27, appointment, during normal business assignment of an LPN to all candidate 1968, in eastern Chaves County, New hours, at the New Mexico Ecological species that are warranted for listing. Mexico (Degenhardt et al. 1996, p. 159). Services Field Office (see FOR FURTHER This listing priority system was Degenhardt and Jones (1972, p. 213) INFORMATION CONTACT). developed to ensure that the Service has described the dunes sagebrush lizard a rational system for allocating limited (Sceloporus graciosus arenicolus) as a Background resources in a way that ensures that the subspecies of the sagebrush lizard Previous Federal Action species in greatest need of protection are (Sceloporus graciosus). The dunes the first to receive such protection. A sagebrush lizard was elevated to a On December 30, 1982, we published smaller LPN reflects a need for greater species in 1992 and this elevation was our notice of review classifying the sand protection than a larger LPN. The LPN validated with molecular and dune lizard (dunes sagebrush lizard) as is based on the magnitude and morphological evidence in 1997 (Painter a Category 2 species (47 FR 58454). immediacy of threats and the species’ et al. 1999, p. 3). Much of the previous Category 2 status included those taxa for taxonomic uniqueness with a value literature concerning Sceloporus which information in the Service’s range from 1 to 12. A listing priority arenicolus refers to it by the common possession indicated that a proposed number of 2 for the dunes sagebrush name of sand dune lizard (e.g., rule was possibly appropriate, but for lizard means that the magnitude and the Degenhardt et al. 1996, p. 159); which sufficient data on biological immediacy of the threats to the species however, the currently accepted vulnerability and threats were not are high. Since 2001, the species has common name is dunes sagebrush lizard available to support a proposed rule. remained on our candidate list with an (Crother et al. 2008, p. 39). Please note that we will be referring to LPN of 2. The dunes sagebrush lizard’s nearest this species throughout this finding On June 6, 2002, the Service received relative is the sagebrush lizard using the currently accepted common a petition from the Center for Biological (Sceloporus graciosus), which is found name of dunes sagebrush lizard (Crother Diversity to list the dunes sagebrush in sagebrush habitat in northwestern et al. 2008, p. 39). lizard. On June 21, 2004, the United New Mexico. The dunes sagebrush On September 18, 1985, we published States District court for the District of lizard and sagebrush lizard were our notice of review re-classifying the Oregon (Center for Biological Diversity isolated from each other about 15,000 dunes sagebrush lizard as a Category 3C v. Norton, Civ. No. 03–1111–AA) found years ago during the late Pleistocene era, species (50 FR 37958). Category 3C that our resubmitted petition findings when areas that had become warm and status included taxa that were for the southern Idaho ground squirrel, dry separated suitable habitat for each considered more abundant or the dunes sagebrush lizard, and the species. It is estimated that the shinnery widespread than previously thought or Tahoe yellow cress that we published as oak sand dune habitat with which the not subject to identifiable threats. part of the CNOR on May 4, 2004 (69 FR dunes sagebrush lizard is associated was Species in this category were not 24876), were not sufficient. The court also formed during this time (Bailey and included in our subsequent notice of indicated we did not specify what Painter 1994, p. 22; Chan et al. 2008, p. reviews unless their status had changed. listing action is proposed for the higher 8). The dunes sagebrush lizard is a Therefore, in our notice of review on priority species that precluded habitat specialist that is native to a November 21, 1991 (56 FR 58804), the publishing a proposed rule for these small area of shinnery oak dunes in dunes sagebrush lizard was not listed as three species, and that we did not southeastern New Mexico and adjacent a candidate species. adequately explain the reasons why western Texas. The shinnery oak dune On November 15, 1994, our animal actions for the identified species are habitat extends from the San Juan Mesa candidate notice of review once again deemed higher in priority, or why such in northeastern Chaves County, included the dune sagebrush lizard as a actions result in the preclusion of listing Roosevelt County, through eastern Eddy Category 2 species (59 FR 58982), actions for the southern Idaho ground and southern Lea Counties in New indicating that its conservation status squirrel, sand dune lizard, or Tahoe Mexico (Fitzgerald et al. 1997, p. 15). In had changed. On February 28, 1996, we yellow cress. The court ordered that we Texas, the dunes sagebrush lizard is published a Candidate Notice of Review publish updated findings for these found in a narrow band of shinnery oak (CNOR) that announced changes to the species within 180 days of the order. dunes in Gaines, Ward, Winkler, and way we identify candidates for listing On December 27, 2004, the Service Andrews Counties (Laurencio et al. under the Act (61 FR 7596). In that published its 12-month finding, which 2007, p. 8).

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Dunes sagebrush lizards are active land practices have caused vegetation sagebrush lizard’s insect prey base between March and October and are removal and shifting sands (Muhs and (Bailey and Painter 1994, p. 22, dormant underground during the colder Holliday 1995, p. 198). It is estimated Fitzgerald et al. 1997, p. 4). Within the winter months. Mating has been that shinnery oak historically covered shinnery oak dune system, dunes observed in April and May (Sena 1985, 1,068,370 ha (2,640,000 ac) in New sagebrush lizards are found in deep, p. 17). Females produce one to two Mexico and 1,416,400 ha (3,500,000 ac) wind-hollowed depressions called clutches per year, with three to five eggs in Texas (Peterson and Boyd 1998, p. 2). blowouts, which are near vegetated per clutch. Hatchlings appear between Large portions of this shinnery oak edges where they escape under leaf July and September (Hill and Fitzgerald habitat have been converted to cropland litter or loose sand during the hot part 2007, p. 2; Sena 1985, p. 6). and rangeland. The shinnery oak of the day and at night (Painter et al. community is not spreading, and its Habitat 2007, p. 3). The large, steep blowouts boundaries have not changed since early provide habitat for thermoregulation, The dunes sagebrush lizard is surveys, suggesting that new habitat is foraging, predator avoidance, and the considered to be a habitat specialist not being created (Peterson 1992, p. 2). dunes sagebrush lizard’s prey base. The because it has adapted to thrive only in In 1982, it was estimated that there diet of the dunes sagebrush lizard a narrow range of environmental was one million acres (404,686 ha) of includes ants (Order Hymenoptera, conditions that exist within shinnery shinnery oak dunes in New Mexico Family Formicidae) and their pupae; oak dunes. Its survival is directly linked (McDaniel et al. 1982, p.12). Currently, small beetles (Order Coleoptera), to the quality and quantity of available the amount of shinnery oak dune habitat including lady bird beetles (Family shinnery oak dune habitat (Fitzgerald et is estimated to be 600,000 acres Coccinellidae) and their larvae; crickets al. 1997, p. 8). Shinnery oak dune (248,811 ha), a 40 percent loss since (Order Orthoptera); grasshoppers (Order habitat is dependent upon the existence 1982. Continued loss of shinnery oak Orthoptera); and spiders (Order of shinnery oak (Quercus havardii) in dunes within the geographic range of Araneae) (Degenhardt et al. 1996, p. areas of appropriate sediment the dunes sagebrush lizard since then 160). availability. Each shinnery oak tree has likely further decreased the amount occurs primarily under ground, with of habitat available. Sand grain size appears to be a only one-tenth of the plant standing 0.6 The connection between dunes limiting factor in the distribution and to 0.8 meters (m) (2 to 3 feet (ft)) above sagebrush lizards and the shinnery oak occurrence of the dunes sagebrush ground level. Shinnery oaks are clonal, dune system is very specific, and the lizard within the shinnery oak dunes. meaning that each plant in a clone is range of the species is closely linked to Laboratory and field experiments descended asexually from a single the distribution of shinnery oak dunes designed to determine sand grain ancestor. One clone can cover up to 81 (Fitzgerald et al. 1997, p. 4). The preference demonstrated that dunes hectares (ha) (205 acres (ac)) and can landscape created by the shinnery oak sagebrush lizards select sites with more live over 13,000 years, although dune community is a spatially dynamic medium sand grains and do not use individual stems on the surface may not system. Shinnery oak and sand dunes finer sands (Fitzgerald et al. 1997, p. 6). be that old (Peterson and Boyd 1998, p. form large dune complexes that are Finer sand grain sizes are thought to 5). These trees, with large root and stem separated by flat areas without dunes limit the dunes sagebrush lizard’s masses and an extensive underground called shinnery oak flats. It would be ability to effectively breathe when they system of horizontal stems, support the feasible to find dunes sagebrush lizards bury themselves to avoid predators or to dynamic dune system that is required in shinnery oak flats that are adjacent to thermoregulate. Dunes sagebrush lizards by this lizard. Shinnery oak generally occupied dunes. Suitable habitat is instead prefer sand that is suitable for grows in permeable sandy soils, and separated by a mosaic of habitat types burying but not too fine to prevent does not grow in areas with high within or near the range of dunes respiration (Fitzgerald et al. 1997, p. amounts of calcium carbonate or sagebrush lizard. Landforms separating 23). Sand grain size is also important in caliche, a hardened deposit of calcium habitat may include mesquite the establishment of dune blowouts and carbonate (Peterson and Boyd 1998, p. hummocks, grasslands, and tabosa flats can influence the dune structure 7), as discussed further below. Shinnery that are lacking shinnery oak and (Fitzgerald et al. 1997, p. 6). oak is very drought-tolerant and has a dominated by tabosa grass (Hilaria vertical root system that extends 4.6 to mutica) and scattered mesquite The shinnery oak flats are used for 6.1 m (15 to 20 ft) below the surface (Prosopis glandulosa). movement of females to find nesting (Peterson and Boyd 1998, p. 5). Shinnery oak dune habitat is altered sites and for possible dispersal of recent The unique shinnery oak dune and moved by natural processes like hatchlings (Hill and Fitzgerald 2007, p. ecosystem was formed in the late wind and rain. Over time, with wind 5). Females often utilize more than one Pleistocene era when wind erosion of and rain eroding sand dunes, areas that dune during the nesting season and the Blackwater Draw formation and contain dunes flatten out and new have home range sizes of about 436 shinnery oak encroachment formed the dunes form in the flats (Muhs and square meters (m2) (4,693 square feet dune system. The prevailing winds Holliday 2001, p. 75). These new dune (ft2)). The largest recorded home range blow from the southwest to the complexes may then support dunes is 2,799.7 m2 (9,185.4 ft2), which northeast, creating the sand sagebrush lizards, so that areas that are includes the movement of the tracked accumulation along the western edge of currently unoccupied may become female from her primary home range to the Llano Estacado (a large mesa or occupied with shifts in dunes over time her nesting site (Hill and Fitzgerald tableland) (Muhs and Holliday 2001, p. (Fitzgerald et al. 1997, p. 27). 2007, p. 5). Females build nest 82). The dune fields of western Texas As discussed above, dunes sagebrush chambers and lay eggs in the moist soil and eastern New Mexico are being lizards are not found at sites lacking below the surface. Nests have been stabilized by the shinnery oak cover and shinnery oak dune habitat (Fitzgerald et observed on west-facing, open sand would flatten without the stability al. 1997, p. 2). Shinnery oak provides slopes with little to no vegetation, provided by this vegetation (Muhs and structure to the dune system, shelter for approximately 18 centimeters (7.1 in) Holliday 2001, p. 75). The dune system thermoregulation (regulation of body below the sand surface (Hill and is stable in most areas except where temperature), and habitat for the dunes Fitzgerald 2007, p. 5).

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Distribution that form areas of unsuitable vegetation, sagebrush lizards in Texas (Laurencio et The dunes sagebrush lizard is limited and dune structure (Chan et al. 2008, p. al. 2007, p. 11). During these surveys the to a narrow, isolated band of shinnery 13). The northernmost population near search time to find dunes sagebrush oak dunes between elevations of 780 Kenna is evolutionarily considered to be lizards was between 68 and 115 person- and 1,400 m (2,600 and 4,600 ft) in the youngest population that is now minutes. The species is considered rare southeastern New Mexico and adjacent genetically isolated from the central and at sites where it takes more than 60 western Texas. Populations are southern populations. Genetic minutes to find a dunes sagebrush separated by vast areas of naturally divergence of the northern population lizard. By comparison, at some sites in from the central populations has unsuitable and unoccupied habitat shinnery oak dune habitat in New occurred due to natural and human- (Painter et al. 1999, p. 1). Mexico, 74 percent of dunes sagebrush caused habitat conversion, including lizards are found within 31 person- New Mexico mesquite hummock landscapes, road minutes. The longer search time The known geographic range of the and pad construction associated with oil and gas development, land conversion required to encounter individuals in a dunes sagebrush lizard in New Mexico given area may represent a lower includes portions of Chaves, Roosevelt, for agriculture, and the presence of short and tall grass prairie (Chan et al. 2008, number of individuals in that area. Lea, and Eddy Counties (Fitzgerald et al. Future surveys should incorporate 1997, p. 23). At its widest, the dunes p. 13). The southern population is detection probabilities and utilize sagebrush lizard’s range is 2,693 considered to be the oldest population standard survey techniques for the hectares (6,654 ac) and in some areas is of dunes sagebrush lizard and is species, in order to more accurately less than 233 hectares (576 ac) wide genetically isolated from the central compare results. (Fitzgerald et al. 1997, p. 2). population due to the presence of the The distribution of the dunes Dunes sagebrush lizard populations in uninhabitable caliche caprock of the sagebrush lizard in New Mexico was not Texas are all on private land except for Llano Estacado plateau. Due to the formally described until 1997, using the the population at Monahans Sandhills presence of the caprock, where dunes results of 169 standardized surveys State Park, a 1,554-ha (3,840-ac) park sagebrush lizards do not occur, suitable conducted at 157 sites. Of the 157 sites shinnery oak dune habitat is limited to where dunes sagebrush lizards were surveyed, 72 sites were determined to a narrow 8-km (4.9-mile) patch between thought to be extirpated after surveys be occupied by dunes sagebrush lizards. the southern and central populations. were completed in 2007 (Laurencio et Thirty of these sites are in Chaves Data from Chan et al. (2008, p. 10) al. 2007, p. 11). In 2010, the park was County, 8 in Eddy County, 4 in suggest that conservation of large areas again surveyed, and dunes sagebrush Roosevelt County, and 30 in Lea County that contain a network of dune lizards were present (Fitzgerald 2010, p. (Fitzgerald et al. 1997, Appendix 1). complexes is needed to maintain 1). Monahans Sandhills State Park is a During 2008, 54 of the 72 positive sites historical levels of connectivity, and well-known historic locality that is the that were surveyed during the 1997 maintain the unique genetic qualities of only area where dunes sagebrush lizards study were re-surveyed. Dunes the three dunes sagebrush lizard have been known to occur on public sagebrush lizards were absent from 11 of populations in New Mexico. lands in Texas. It is evident that the the 54 sites (20 percent) in which they dunes sagebrush lizard is still present at were recorded during the 1997 study Texas the park, but the negative survey data (Painter 2008a, p. 1). Not all of the 72 In Texas, the species was historically from 2007 suggests they may be present positive sites surveyed during the 1997 found in Andrews, Crane, Ward, and in small numbers, and that further study were re-surveyed in 2008 due to Winkler Counties. During 2006 and monitoring should be done at this site. poor weather conditions or access 2007, surveys were conducted to issues. Additional surveys were determine the current distribution of the Summary of Factors Affecting the conducted during 2010 to investigate dunes sagebrush lizard in the State. Species the status of the population of dunes Surveys were conducted at 27 sites (19 sagebrush lizards at the remaining sites. of these sites were historical localities) Section 4 of the Act (16 U.S.C. 1533), The total number of historic sites that that contained potential dunes and its implementing regulations at 50 were surveyed in 1997 was 72, and 17 sagebrush lizard habitat in Andrews, CFR part 424, set forth the procedures of those (24 percent) no longer have Crane, Cochran, Edwards, Ward, and for adding species to the Federal Lists lizards. Some of these sites have been Winkler Counties. Dunes sagebrush of Endangered and Threatened Wildlife sprayed with tebuthiuron (a herbicide lizards were found at only 3 of the 27 and Plants. Under section 4(a)(1) of the used to remove shinnery oak), and some sites surveyed (Laurencio et al. 2007, p. Act, we may list a species based on any were in areas where the habitat was 7). Two of the sites were in large of the following five factors: (A) The removed (Painter 2010, p. 1). patches of shinnery oak dunes that present or threatened destruction, In New Mexico, there are three stretch through Ward, Winkler, and modification, or curtailment of its genetically and geographically distinct Andrews Counties. In north and western habitat or range; (B) overutilization for populations of dunes sagebrush lizards: Crane County, shinnery oak dune commercial, recreational, scientific, or the northern population (near Kenna, habitat exists, but dunes sagebrush educational purposes; (C) disease or New Mexico), the central population (at lizards were not found. One dunes predation; (D) the inadequacy of the Caprock Wildlife Area, north of US sagebrush lizard was found at a site in existing regulatory mechanisms; and (E) Highway 380), and the southern Gaines County that is within the population (near Loco Hills and Hobbs, easternmost contiguous habitat that other natural or manmade factors New Mexico). These populations are stretches from the southernmost affecting its continued existence. Listing separated by geologic and ecologic population in New Mexico (Laurencio et actions may be warranted based on any landscape barriers, such as the caliche al. 2007, p. 11). The sites where dunes of the above threat factors, singly or in caprock of the Llano Estacado plateau, sagebrush lizards were detected in combination. Each of these factors is mesquite hummock landscapes, either 2006 or 2007 likely comprise the discussed below. highways, roads, and oil and gas pads, last occupied habitat for dunes

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A. The Present or Threatened than more suitable interior habitat probability of local extinction of the Destruction, Modification, or (Dramsted et al. 1996, p. 20). Larger species within these patches. Lizards Curtailment of Its Habitat or Range habitat patches provide vegetative within smaller habitat patches have an In 1982, there was an estimated cover, maintain dune structure, and increased chance of going extinct 400,000 ha (1,000,000 ac) of habitat provide habitat for the insect prey base. because they have less of a barrier suitable for the dunes sagebrush lizard Dunes sagebrush lizard populations between the core patch and the habitat in New Mexico. Today, there is an move across the landscape with the disturbance. The probability of a species estimated 240,000 ha (600,000 ac) of movement of the shinnery oak dune going extinct in local habitat patches suitable habitat, a decrease of 40 system. The movement of this dynamic increases with the increasing isolation percent. Within the remaining suitable system could be interrupted by habitat and decreasing size of that patch habitat, the current occupied range is fragmentation that would prevent the (Dramstad et al. 1996, pp. 20–24). estimated to cover 405,599 ac (165,759 natural shift in dunes and cause the Additional research will verify if this is current dune structures to collapse. true for dunes sagebrush lizard. ha) (McDaniel et al. 1982, p. 12). Other There is no evidence to suggest that The shinnery oak dune system has portions of the range have been dunes sagebrush lizards will traverse undergone extensive alteration and developed for oil and gas infrastructure. unsuitable habitat to find suitable fragmentation because of past and The shinnery oak community that habitat patches (Fitzgerald et al. 1997, p. present land uses, including oil and gas supports the dunes sagebrush lizard is 26). Connectivity and movement development, habitat conversion for now considered a highly threatened between patches could play an cropland and rangeland, and off- community (Dhillion et al. 1994, p. 52). important role in determining the highway vehicle (OHV) use (Painter et Changes in either land management occupancy and sustainability of each al. 1999, p. 1). Due to habitat conversion practices or climate that impact the patch (Barrows and Allen 2007, p. 66). and fragmentation, there are historical vegetative community could destabilize Removal of a patch reduces the size of areas that no longer support populations the dunes and reduce the potential for a population, increasing the probability of dunes sagebrush lizards (Sias and the habitat to persist (Muhs and of local extinctions and reducing the Snell 1997, p. 1; Laurencio et al. 2007, Holliday 2001, p. 86). stability of the population (Dramsted et p. 1; Chan et al. 2007, p. 337). In Texas, In addition to habitat loss, habitat al. 1996, p. 23). If dunes sagebrush dunes sagebrush lizards no longer fragmentation breaks up large areas of lizards are unable to move between occupy 86 percent of the historically suitable habitat into smaller patches. habitat patches because of fragmentation occupied sites (Laurencio et al. 2007, p. This causes the removal of interior and habitat loss, genetic diversity will 5). Dunes sagebrush lizards were not habitat, the loss of vegetation and cover, be lost (Chan et al. 2008, p. 10). For this found at 20 percent of historically and an increase in the proportion of reason, areas of apparently suitable, but occupied sites that were surveyed habitat edge to interior. Habitat edge is currently unoccupied habitat may be during distribution studies in New the outer portion of a patch that abuts important to the long term survival of Mexico (Painter et al. 2008, p. 1). Other converted or otherwise unsuitable dunes sagebrush lizards, but we have no threats that are also expected to habitat, and it is where there are the data to support this hypothesis for contribute to habitat loss, modification, greatest interactions between the dunes sagebrush lizards. or fragmentation in the future include shinnery oak dune natural habitat and In the dynamic shinnery oak dune wind and solar energy development, human-altered unsuitable habitat system, habitat patches have not been climate change (discussed in Factor E, (Dramsted et al. 1996, p. 27). Shinnery consistent over time, and genetic below), and die-off of shinnery oak due oak provides basic needs that impact diversity of populations has historically to natural events. survivorship, growth, and reproductive been linked to the connectivity of the Oil and Gas Development ability for the dunes sagebrush lizard. In entire system (Chan et al. 2008, p. 10). general, interior habitat provides The habitat for the dunes sagebrush The infrastructure for oil and gas protection from predators, habitat for lizard is currently patchy and development includes roads, pads mating and foraging, shade, and habitat fragmented throughout the dunes where well pumps and drilling rigs are for the dunes sagebrush lizard’s insect sagebrush lizard’s range, and placed, battery tanks, power lines, prey base (Degenhardt et al. 1996, p. populations are not connected by pipelines, and injection wells. As 160). It is thought that habitat edges that suitable habitat due to natural and discussed below, increased oil and gas are adjacent to well pads and roads do human-caused processes (Chan et al. development in the range of the dunes not provide the basic structure for 2008, p. 10). Therefore, the loss of sagebrush lizard, including seismic survivorship, growth, and reproduction. habitat and fragmentation can lower exploration, has caused direct and In general, individuals that live near the migration rates and genetic connectivity indirect effects to dunes sagebrush habitat’s edge have limited resources among remaining populations of dunes lizard habitat. Removal and because the exterior areas do not sagebrush lizards, reducing genetic fragmentation of dunes sagebrush lizard provide adequate shade, cover, or variability and increasing extinction habitat has been caused by a grid of resources for an insect prey base risk. roads and pads, pipelines, and power (Dramstad et al. 1996, p. 28). For the similar sand-dwelling lines that are found throughout the We do not know how large habitat Coachella Valley fringe-toed lizard entire range of the dunes sagebrush patches need to be in order to maintain (Uma inornata), a decrease in habitat lizard. Oil and gas extraction activities viable populations of dunes sagebrush patch size resulted in an increased have destroyed and fragmented dunes lizards. However, literature published probability of local extinction. For sagebrush lizard habitat and have on other lizard species has shown that isolated habitat patches to sustain lizard resulted in population losses, including populations within smaller habitat populations, patch size needed to be at all localities within northeastern Crane patches have a greater risk of extinction least 100 ha (247 ac) (Chen et al. 2006, County, Texas, where historical than those in large habitat patches p. 28). When large habitat patches are populations have been extirpated because small patches support fewer divided into smaller patches, there is (Laurencio et al. 2007, p. 9). A 2007 individuals and have a higher increased edge habitat, decreased report from the Bureau of Land proportion of less suitable edge habitat interior habitat, and increased Management (BLM) (pp. 3–16) states

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that there have been significant The 172,900 ha (427,200 ac) of in the shinnery oak flats (Bird 2007, p. reductions of dunes sagebrush lizard shinnery oak dune habitat that have 2). In the past, oil and gas development population sizes in New Mexico that are been fragmented with roads and well has been directed into the shinnery oak associated with surface disturbance and pads have 5,911 oil well pads or flats and out of the dune complexes to removal of shinnery oak due to injection wells and 529 gas wells. Each lessen the impact to the dunes activities such as oil and gas oil pad averages 2 or 3 acres, and each sagebrush lizard. However, development, herbicide treatment, and gas pad averages 3 or 4 acres. Currently development in the shinnery oak flats the creation of roads associated with there are approximately 9,700 ha may be affecting dispersal of the dunes new rights-of-way. According to the (24,000 ac) of well pad disturbance in sagebrush lizards from one dune BLM’s data, 65 percent of occupied or New Mexico, not including roads, complex to another (Painter et al. 2007, suitable shinnery oak habitat across the within the area occupied by the dunes p. 3). Currently there are no lizard’s range in New Mexico, has been sagebrush lizard (Hill et al. 2008, p. 1). considerations being made for fragmented with roads and well pads The oil field with the greatest impact maintaining these undeveloped (Hill 2008, pers. comm.). to dunes sagebrush lizard habitat is in corridors in shinnery oak flats between Much of the dunes sagebrush lizard’s the southern part of the dunes sagebrush dune complexes, which may be a current range has been developed or is lizard’s range, where the density of significant threat to dunes sagebrush planned for future oil and gas roads and well pads may be lizard dispersal. contributing to further separation of the development. In Texas, over 50 percent Roads and Well Pads of oil production occurs in Districts 8 southern population from the central Based on various studies in similar and 8A (Texas oil and gas districts); population of dunes sagebrush lizards lizard species, it would be expected that these districts overlap the known (Chan et al. 2008, p. 9). This there would be negative impacts to geographic range of dunes sagebrush development covers an area of shinnery dunes sagebrush lizard habitat as a lizards (Tarver and Dasgupta 1997, p. oak dunes measuring 8 km (5 mi) by 26 result of roads and pads associated with 3670). km (16 mi) between U.S. Highway 82 and U.S. Highway 62 in Lea and Eddy oil and gas development. These impacts Currently, 70 percent of land within Counties. In this area there are 142 include soil compaction, decreased the New Mexico range of the dunes sections (36,780 ha (90,880 ac)) where stability of microclimates, loss of sagebrush lizard has been leased by the well pad density is greater than 13 habitat, decreased habitat quality, private entities, BLM, or the New wells per section. Throughout the division of the ecosystem with artificial Mexico State Land Office (NMSLO) for southern part of the dunes sagebrush gaps, abrupt habitat edges, conversion of oil and gas exploration and lizard’s range, the majority of these habitat interior to habitat edge, and development (Winter 2010, p. 2). sections of land have greater than 20 introduction of nonnative weed species Seventy-one percent of the minerals wells per section, and some have greater (Endriss et al. 2007, p. 320; Delgado- within the range of the dunes sagebrush than 40 wells per section. The highest Garcia et al. 2007, p. 2949). Negative lizard are Federally owned and fall density of well development in this area impacts of roads and pads to the lizard under BLM lease stipulations and the has more than 60 wells per section with populations include the subdivision of Pecos District (NM) Special Status a maze of associated roads (Hill et al. populations into smaller and more Species Resource Management Plan 2008, p. 1). In a special species planning vulnerable patches; inhibited access to Amendment (RMPA). The RMPA was area within BLM’s Pecos District, which resources for foraging, breeding, nesting, developed to address sensitive species incorporates all of the dunes sagebrush predator avoidance, and conservation concerns and to establish lizard’s habitat on BLM land in New thermoregulation; behavior the minimum requirements that will be Mexico, approximately 100 new wells modification; and direct mortality due applied to all future Federal activities per year are to be drilled over the next to collisions (Jaeger et al. 2005, p. 329; covered by the RMPA for both the dunes 20 years (BLM 2007, p. 4–37). Ingelfinger and Anderson 2004, p. 385; sagebrush lizard and the lesser prairie An example of the impacts of well Delgado-Garcia et al. 2007, p. 2949; chicken (Tympanuchus pallidicinctus), placement on the dunes sagebrush Ballesteros-Barrera et al. 2007, p. 736; which share some common habitat in lizard can be found in two sections Sias and Snell 1995, p. 28). When the New Mexico. (approximately 520 ha (1,280 ac)) of shinnery oak dune habitat is destroyed Density of Wells and Well Pads shinnery oak dune habitat in the area of or fragmented by roads and pads, the Loco Hills in the southern part of the resources provided by the shinnery oak In New Mexico, Sias and Snell (1998, dunes sagebrush lizard’s range in Eddy are subsequently reduced. In studies of p. 3) reported a negative relationship County (40 km (25 mi) east of Artesia). other lizard species where habitat is between oil well density and dunes This area once supported one of the highly fragmented, lizards are limited to sagebrush lizard abundance and noted most persistent populations of dunes small habitat patches. These studies an environmental sensitivity not found sagebrush lizards in the State and was have also found increased mortality due in other reptile species. Dunes used for many years as an observation to collisions with vehicles and sagebrush lizard abundance declined by site for students and researchers inaccessibility to habitat, mates, and 25 percent when there were 13 oil or gas studying the dunes sagebrush lizard. As prey reduce the population size and well pads per section (each section has of 2003, over 40 oil wells had been population persistence (Delgado-Garcia an area of approximately 260 ha (640 placed on these sections; extensive et al. 2007, p. 2949). ac)), and the number of dunes sagebrush surveys conducted in this area found no A common method of creating roads lizards declined by 50 percent when dunes sagebrush lizards present (Service and pads in dune areas is to truck there were 29 pads per section (Sias and 2007, p. 5; Fitzgerald 2008, p. 1). caliche (soil with high amounts of Snell 1998, p. 3). Any shinnery oak Hatchling and adult dunes sagebrush calcium carbonate) into the sand dune habitat within 600 m (1968 ft) of lizards have been found in shinnery oak system. Dunes sagebrush lizards are not any well supported 31 to 52 percent flats between large dunes, suggesting found in areas with compact soil, like fewer dunes sagebrush lizards than that the area between the sand dunes is that of caliche roads and well pads areas farther than 600 m (1968 ft) from important for dispersal. Surveys by the (Fitzgerald et al. 1997, p. 3). Shinnery a well (Sias and Snell 1998, p. 1). BLM recorded dunes sagebrush lizards oak requires permeable sand in order to

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establish and grow and does not grow in Mexico Department of Game and Fish stratigraphy of subsurface formations areas with high amounts of calcium (NMDGF) found an open pipeline ditch (Pendleton et al. 2008, p. 1). Seismic carbonate (Peterson and Boyd 1998, p. that went through State, private, and exploration is conducted prior to the 6). BLM land. The open ditch was development of oil and gas fields, in The vast network of roads and pads approximately 1.2 m (4 ft) wide and 1.2 order to determine the below surface throughout the shinnery oak dune m (4 ft) deep, bisecting a dune complex availability of oil or gas and refine the habitat alters the habitat, making it known to be occupied with dunes placement of well pads. difficult for shinnery oak to persist; the sagebrush lizards. The large, open ditch Seismic exploration for oil and gas is trees cannot grow through compacted had formed a pitfall trap where animals a periodic threat to the dunes sagebrush areas, with increased calcium carbonate, could not escape if they fell in. There lizard and its habitat. Threats to dunes or through permanently paved areas. were no dunes sagebrush lizards found sagebrush lizard habitat occur because Well pad and road construction removes in the ditch at the time of the survey, heavy thumper trucks can cause the shinnery oak, and further degrades the but other reptiles were found in the destabilization of dunes by driving habitat by compacting the soil. After ditch, and surveyors were concerned through dune complexes (Painter 2004, well pads are abandoned, shinnery oak that dunes sagebrush lizards could p. 4). Seismic exploration can also pose does not reestablish unless the caliche easily be trapped in the ditch (Currylow a direct threat to the dunes sagebrush is removed (Boyd and Bidwell 2002, p. et al. 2008, p. 1). lizard. Dunes sagebrush lizards are 332). Some existing pipelines located dormant and immobile during colder The current existence and future within shinnery oak dunes provide winter months (October through March). establishment of roads and well pads temporary dune-like areas where dunes If seismic exploration occurs during the throughout the dunes sagebrush lizard’s sagebrush lizards are found. Twenty- winter months when dunes sagebrush habitat is a significant threat to the four percent of dunes sagebrush lizards lizards are dormant beneath the soil species throughout its range. Impacts found during BLM surveys were found surface and unable to move, dunes from roads and well pads cause the loss along pipelines adjacent to shinnery oak sagebrush lizards could be crushed. If of basic needs including habitat for dunes (Bird 2006, p. 2), although it is the exploration occurs during the foraging, breeding, nesting, predator not known how dunes sagebrush lizards nesting season, eggs that are buried avoidance, and thermoregulation. utilize existing pipelines (Sias and Snell below the surface could also be 1998, p. 5; Bird 2005, p. 1; Bird 2006, Pipelines destroyed (Painter 2004, p. 4). Seismic p. 1; Bird 2007, p. 1), and it is unclear exploration poses an imminent threat Every oil or gas well has an associated whether these areas provide permanent for a short period of time while the pipeline, and each oil or gas company habitat. has a separate right-of-way for each Pipelines are located throughout the trucks are crossing a given area. Once an pipeline. Pipelines located throughout range of the dunes sagebrush lizard, are area has been surveyed, it will likely not suitable and occupied dunes sagebrush currently being built with every well be surveyed again. Proposed seismic lizard habitat destabilize dunes because pad, and will continue to be built in the explorations in an area north of the Loco heavy equipment is used to remove future. There are no established Hills will cover up to 650 ha (1,600 ac) shinnery oak and bury the lines in the corridors for pipelines and each of suitable and occupied dunes sand. Pipelines also expose dunes pipeline has its own right-of-way, sagebrush lizard habitat and pose an sagebrush lizards to petroleum chemical making for new disturbed areas each indirect threat through further leaks and an increased likelihood of time a pipeline is established. We development, which will lead to habitat being crushed by OHV travel due to believe pipelines pose a significant fragmentation and isolation (discussed maintenance crews using vehicles along threat to the dunes sagebrush lizard in above) north of the already dense oil pipelines (Sias and Snell 1998, p. 3). On areas where oil and gas infrastructure is fields in Loco Hills. There are ongoing May 16, 2010, a pipeline burst in dunes most dense, especially as increases in permit applications for seismic sagebrush lizard habitat, spraying oil oil and gas activities expand in the exploration within both occupied and into the air and across the landscape central and northern parts of the range unoccupied suitable habitat across the (Leavitt 2010, p. 1). These spills of the species. Unless they are routed range of the dunes sagebrush lizard. We introduce toxins and contaminants into around habitat, the current existence believe that seismic exploration is a the soil and cover surrounding and future establishment of pipelines localized threat with moderate impacts vegetation. throughout the dunes sagebrush lizard’s to individual dunes sagebrush lizards, There have been numerous recorded habitat is a significant threat to the but it is usually a prelude to the future instances of reptiles and amphibians species throughout its range. expansion of oil and gas development in being trapped in pipeline, waterline, an area. Seismic Exploration and telecommunication line trenches Wind and Solar Energy Development (Hawken 1951, p. 81; Anderson et al. Seismic exploration utilizes 1952, p. 276). For example, in 2001, a artificially induced shock waves to Eastern New Mexico and western 4.8-km (3.0-mi) long telecommunication search for subsurface deposits of crude Texas are highly suitable areas for wind line trench (similar in structure to oil, natural gas, and minerals, and to and solar energy development. The pipeline trenches) on Albuquerque, facilitate the location of prospective NMSLO has leased 1,520 ha (3,757 ac) New Mexico’s West Mesa was drilling sites. Shock waves are produced of trust land in Chaves and Roosevelt monitored for trapped animals. During by vibratory mechanisms mounted on Counties to Xcel Energy for a 120- 23 days of monitoring, 298 reptiles and specialized trucks known as thumper megawatt (MW) wind farm. amphibians, including several lizard trucks that weigh approximately 60 Additionally, two new wind projects are species, were removed from the trench tons. Seismic waves then reflect and under development on State trust lands (Painter 2008, p. 1). There were no refract off subsurface rock formations in Chaves County, and one in Eddy escape ramps along the trench, so it was and travel back to acoustic receivers County. The Service has also been impossible for animals to escape. called geophones. The time it takes for contacted by a consultant for a wind During a distribution survey for dunes seismic energy to return aids in the energy farm to be located in Lea County, sagebrush lizards in July 2008, the New estimation of the structure and near Tatum, New Mexico. The proposed

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project area is near the range of the vehicle specifically designed for off- more than 600 acres (243 ha), where dunes sagebrush lizard (Riley 2008). road travel (Ouren et al. 2007, p. 4). vehicles are not restricted to designated The infrastructure for wind and solar Extensive use of OHVs can cause soil trails (BLM 2007, p. 4–45), although this energy would cause similar habitat compaction, reduce plant cover, and OHV area is occupied by dunes fragmentation as that produced by oil degrade habitat (Ouren et al. 2007, p. 4), sagebrush lizards (Fitzgerald et al. 1997, and gas development. Potential direct causing the loss of basic needs Appendix 1). Authorized OHV activities effects to the dunes sagebrush lizard including habitat for foraging, breeding, have degraded shinnery oak dunes, from wind energy development include nesting, predator avoidance, and potentially crushed dunes sagebrush physical disturbance during thermoregulation for lizard species lizards, and introduced weed species construction and maintenance of a (Jaeger et al. 2005, p. 329; Ingelfinger within the otherwise open dune project, habitat loss, and habitat and Anderson 2004, p. 385; Delgado- blowouts (Hill 2008b, p. 1). At this OHV fragmentation associated with the Garcia et al. 2007, p. 2949; Ballesteros- area, all surveyed dunes have multiple infrastructure of the project. A wind Barrera et al. 2007, p. 736). Research in OHV trails, exposed shinnery oak roots, farm infrastructure typically consists of: other dune systems has found that in and erosion, and no dunes sagebrush (1) The physical disturbance around a areas where plant cover is reduced, lizards were detected in this area (Hill tower; the area of a turbine workspace there are greater rates of erosion that 2008b, p. 1). during construction (temporary) is would lead to dune destabilization. In areas that are not designated for usually a 46 to 61 m (150 to 200 ft) Routes used by OHVs form mazes OHV use, there are no signs identifying radius around the turbine and through large areas of dunes, that the area is closed to OHV traffic, permanently a 15 m (50 ft) radius; (2) fragmenting the habitat and reducing and law enforcement is limited. There Gravel access roads linking wind habitat connectivity at a landscape level are restrictions to OHV use on lands turbines strings to each other and to (Ouren et al. 2007, p. 5). Studies on managed by BLM and the State of New existing roads; (3) Area for a concrete other lizard species have found that Mexico, but there is no signage and little batch plant, if required; and (4) OHV travel causes increased mortality enforcement. As a result, dune habitat is Buildings housing electrical switchgear, due to lizard collisions with the being destroyed and modified (Hill supervisory control and data acquisition vehicles themselves (Delgado-Garcia et 2008b, p. 1). Although OHV use is not central equipment, and maintenance al. 2007, p. 2949). known to be occurring in all portions of facilities. Additionally, vehicle traffic to Use of OHVs has been determined to the range of the dunes sagebrush lizard, turbines over the life of the facility, be one of the greatest threats to the we believe it is a significant threat to the expected to average 20 years, could pose Coachella Valley fringed toed lizard, species where occupied dunes are a threat similar to the infrastructure of which is another dune-restricted lizard located in OHV areas and extensive oil and gas development to the dunes species (Painter 2004, p. 5). The habitat degradation occurs. Off-highway sagebrush lizard. Alteration of habitat presence of OHV pathways throughout vehicle use is not considered to be the related to wind energy development dunes sagebrush lizard’s habitat led most significant threat to the dunes could influence habitat suitability for researchers to believe that high levels of sagebrush lizard, but it does contribute this species; however, we are unaware OHV activities were the cause for to a decline of habitat in areas where it of any studies at wind energy population losses in Texas (Laurencio et is prevalent. development sites that have examined al. 2007, p. 10), but that is likely not the Shinnery Oak Removal these effects. primary cause of extirpations in New Although there is no specific Mexico (Painter 2004, p. 5). Shinnery oak is removed for the information available to implicate wind Nevertheless, OHV use is a factor purpose of clearing for agriculture and or solar energy development as a threat impacting the species within parts of its for grazing. Shinnery oak is toxic to to the dunes sagebrush lizard at this geographic range. For example, on BLM cattle when it first produces leaves in time, there is concern regarding land in New Mexico, established OHV the spring, and it also competes with potential effects if wind and solar areas such as the Square Lake Dune more palatable grasses and forbs for development were to occur in the Complex and the Mescalero Sands water and nutrients (Peterson and Boyd species’ habitat. More information is North Dune OHV Area are adjacent to or 1998, p. 8). Shinnery oak is also necessary to determine if any effects within habitat occupied by the dunes managed for the control of boll weevil will result from specific alternative sagebrush lizard. These OHV areas were (Anthonomus grandis), which destroys energy projects that will be located established to concentrate OHV use to cotton crops. Boll weevils overwinter in within dunes sagebrush lizard habitat. designated areas, and BLM made some areas where large amounts of leaf litter However, the BLM’s RMPA states that dune complexes off limits to OHV use. accumulate. Fire is used to remove leaf applications to permit either solar or The OHV use planned for the Square litter, and then tebuthiuron, an wind energy on public land within the Lake Dune Complex is limited to herbicide, is used to remove shinnery RMPA planning area will not be existing roads, trails, and unvegetated oak (Plains Cotton Growers 1998, pp. 2– approved unless the applicant can dunes (BLM 2007, p. 4–45). This area is 3). Over 40,000 ha (100,000 ac) of demonstrate, using peer-reviewed currently being used by OHVs, and BLM shinnery oak in New Mexico and science, that there will be no negative plans to formally designate this area for 400,000 ha (1,000,000 ac) of shinnery impacts to dunes sagebrush lizards. OHV use. Because the shinnery oak oak in Texas have been lost due to the dunes in this area are occupied by spraying of tebuthiuron and other Off-Highway Vehicle (OHV) Use dunes sagebrush lizards (Fitzgerald et herbicides (Peterson and Boyd 1998, p. An OHV is any motorized vehicle al. 1997, Appendix 1), any violation of 2). capable of or designated for travel on or the limitations of OHV use to existing A 5-year study was conducted to immediately over land, water, or other roads, trails, and unvegetated dunes is determine the effects of tebuthiuron natural terrain. This could include likely to negatively impact the dunes application on the dunes sagebrush motorcycles and off-highway motor sagebrush lizards in this shinnery oak lizard. This study documented that bikes, all terrain vehicles, dune buggies, habitat. dunes sagebrush lizards were absent at snowmobiles, most four-wheel drive The Mescalero Sands North Dune 50 percent of the previously occupied automobiles, and any other civilian OHV Area is considered an open area of sites where spraying had occurred

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(Painter et al. 1999, p. 2). Shinnery oak be treated. These chemicals are used to Other Factors Impacting Shinnery Oak removal results in dramatic reductions treat the adjacent mesquite, but can also In discussions with BLM habitat and extirpations of dunes sagebrush kill shinnery oak, depending on the specialists, the Service learned that lizards (Snell et al. 1997, p. 8). For concentration. there are many natural events that can Ongoing removal of shinnery oak on example, the extirpation of dunes impact the shinnery oak dune system State and private lands in New Mexico sagebrush lizards was repeatedly and have results similar to spraying and Texas is an imminent threat to the confirmed by Snell et al. (1997, p. 1) with herbicide. Sudden oak death, dunes sagebrush lizard with long-term from areas that were treated with infestation by root-boring insects, and a negative effects. Buffering an individual herbicides to remove shinnery oak. known moth parasite can quickly dune from shinnery oak spraying is not Dunes sagebrush lizard numbers defoliate and kill large stands of dropped 70 to 94 percent in areas that sufficient to keep the habitat intact. shinnery oak (Hill 2008a, pers. comm.). were chemically treated, compared to Because the majority of the shinnery oak According to BLM habitat specialists, in adjacent untreated plots. Some plots plant is underground and acts to a system that is susceptible to experienced 100 percent population loss stabilize the dunes, its removal in the environmental extremes, events such as in areas treated with tebuthiuron. vicinity of the dune will cause the dune drought and late freezes could cause Painter et al. (1999, p. 38) estimated that to collapse (Muhs and Holliday 2001, p. dramatic shifts in the available habitat. about 24 percent of the total dunes 75). For example, in early May of 2008, sagebrush lizard habitat in New Mexico We believe that the removal of thousands of acres of shinnery oak dune had been eliminated by 1999 due to shinnery oak with herbicides such as habitat in the Caprock Wildlife Area in herbicide spraying. tebuthiuron is a significant threat to the Habitat loss and dunes sagebrush dunes sagebrush lizard throughout its east central Chaves County, New lizard declines are not linked to the range. Habitat in which shinnery oak is Mexico, were defoliated. After actual application of tebuthiuron, but removed with herbicides fails to meet reviewing the situation, Service and rather to the long-term effects associated the basic needs of the dunes sagebrush BLM staff determined that the with the removal of shinnery oak habitat lizard, including foraging, breeding, defoliation was caused by the (Snell et al. 1997, p. 3). Herbicide nesting, predator avoidance, and combination of low precipitation during spraying removes or reduces natural thermoregulation. Habitat fragmentation the winter and a late freeze that stressed shinnery oak vegetation and creates has caused and will continue to cause the oak. By early June, the trees had smaller habitat patches rather than inaccessibility to habitat, mates, and leafed out and were once again naturally occurring large expanses of prey that could reduce the population providing habitat for the dunes shinnery oak. Given the history and size; threaten population persistence; sagebrush lizard (Hill 2008a, pers. current practices of herbicide and potentially cause local extirpations comm.). Large habitat patches are more application within dunes sagebrush of dunes sagebrush lizards. likely than small, fragmented sites to be resilient to natural events. lizard habitat, much of the remaining Grazing areas are at risk. For example, if further All of these factors could potentially parcels of suitable dunes sagebrush As discussed above, removal of cause the decline of shinnery oak lizard habitat are treated, smaller habitat shinnery oak to improve rangelands is a habitat, and thus lead to the decline of patches would be created, and we threat to the dunes sagebrush lizard; dunes sagebrush lizards. The likelihood would expect the movement of dunes however, there may also be direct of habitat loss due to natural events is sagebrush lizards between local impacts of grazing on dunes sagebrush unknown and not predictable. Although populations will be restricted. This lizards. While there has been no specific these factors likely impact shinnery oak, could lead to further extirpations of research regarding the impacts of we are unable to determine the long- dunes sagebrush lizards within patches. grazing on dunes sagebrush lizards, term impact on shinnery oak dunes and On BLM lands, the RMPA states that dunes sagebrush lizards have been dunes sagebrush lizards. found in areas that are moderately tebuthiuron may only be sprayed in Summary of Factor A shinnery oak habitat if there is a 500-m grazed (Painter et al. 1999, p. 32). In (1,600-ft) buffer around dunes, and that shinnery oak dune habitat, high Habitat specialists with limited no chemical treatments should occur in densities of livestock can lead to geographic ranges, such as the dunes suitable or occupied dunes sagebrush overutilization and result in reduced sagebrush lizard, are more vulnerable to lizard habitat (BLM 2007, p. 4–22). ground cover, increased annual grasses habitat alterations than wide-ranging However, the NMSLO and private land and forbs, decreased perennial grasses, habitat generalists (Ballesteros-Barrera owners continue to use tebuthiuron to and increased erosion (Painter et al. et al. 2007, p. 733). Habitat remove shinnery oak for cattle grazing 1999, p. 32). These conditions can be fragmentation and the overall reduction and agriculture. The Natural Resource adverse for the dunes sagebrush lizard. of shinnery oak dune habitat will Conservation Service’s herbicide Some research has shown that high impact survivorship, growth, and spraying has treated shinnery oak in at levels of grazing removes grasses and reproductive ability by increasing edge least 39 counties within shinnery oak forbs, compacts the soil, increases bare habitat and decreasing available cover. habitat, which includes all of the ground, and reduces water infiltration. This will lead to smaller populations counties with suitable and occupied These conditions could alter dune and will decrease connectivity between habitat for the dunes sagebrush lizard structure and decrease vegetation populations (Chan et al. 2008, p. 9). The (Peterson and Boyd 1998, pp. 4). The availability for foraging, mating, and size of the habitat patches and suitable BLM also treats mesquite with predator avoidance (Smith et al. 1996, dune complexes will influence the herbicides to improve livestock forage. p. 1307; Castellano and Valone 2006, p. probability of individual habitat patches In order to treat encroaching mesquite, 87). While it is clear from this being eliminated in this dynamic BLM aerially treats mesquite with a mix discussion that shinnery oak removal to system. It is important to maintain of the herbicides Remedy (triclopyr) and improve rangeland conditions is a threat connectivity between shinnery oak dune Reclaim (clopyralid). According to the to the species, the direct impact of patches in each of the geographic areas RMPA, occupied and suitable habitat for grazing on dunes sagebrush lizards is across the dunes sagebrush lizard’s the dunes sagebrush lizard should not unknown at this time. known range (Chan et al. 2008, p. 9).

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Because the habitat in both New Mexico within the genus Sceloporus. power lines likely increases perches for and Texas is narrow and isolated, the Sceloporus lizards infected with malaria predators, we are currently unable to dunes sagebrush lizard may be have reduced volumes of red blood determine if predation has increased vulnerable to habitat degradation and cells, reduced hemoglobin (the protein above natural levels or if the predation the potential for habitat and range that carries oxygen in the blood), levels are a significant threat to the expansion may be unlikely. impaired physical stamina, reduced fat dunes sagebrush lizard. Removal of shinnery oak within stores, reduced number of offspring, and Summary of Factor C occupied habitat poses a serious threat smaller testes (Klukowski and Nelson by generating or increasing a variety of 2001, p. 289). The incidence of infection There are likely impacts to stressors for the dunes sagebrush lizard, of malaria in Sceloporus lizards is individuals or individual populations a species that depends on a very dependent on the lizard’s age, size, from the impacts under Factor C, specialized dynamic system to survive. genetic background, and gender particularly predation. However, we do Shinnery oak stabilizes dunes in the (Klukowski and Nelson 2001, p. 289). not know the magnitude or the effect of short term, but overall the dunes are Other lizards in the genus Sceloporus these impacts on the long-term survival dynamic and slowly shifting across the have parasitic helminthes (a type of of the dunes sagebrush lizard at this landscape. Without shinnery oak, sands parasitic worm) in their gut. These time. Thus, we do not consider Factor are not held in place and the entire helminthes have not been found in high C to be a threat to the species dune community will be susceptible to number in dunes sagebrush lizards throughout its range, either now or in wind erosion (Muhs and Holliday 1995, (Goldberg et al. 1995, p. 190). In general, the foreseeable future. p. 198), thereby threatening the long- other stressors in the environment, such D. The Inadequacy of Existing term persistence of the species. The as habitat degradation and pollution, Regulatory Mechanisms dunes sagebrush lizard is threatened by may weaken species’ immune systems The dunes sagebrush lizard occurs on habitat loss and fragmentation due to oil and make them more susceptible to lands managed by the BLM, NMSLO, and gas development, and to shinnery disease (Whitfield et al. 2000, p. 657). State of Texas, and private entities. oak removal for rangeland improvement Disease and parasitism are not currently known to be threats to the dunes There have been considerable efforts and conversion to use for agriculture. directed towards the protection of dunes Additionally, while renewable energy sagebrush lizard, but may need to be investigated in areas where their sagebrush lizard habitat, starting with a development, OHV use, and other multi-stakeholder group called the impacts to shinnery oak are not population declines and losses are unexplained. southeastern strategy. This group considered to be major threats to the developed the Collaborative species, these activities represent Predation Conservation Strategy for the dunes additional stressors to the habitat of the During Hill and Fitzgerald’s (2007) sagebrush lizard and the lesser prairie species. For these reasons, we consider nesting ecology study, 25 percent of chicken in 2005. This strategy was then the cumulative habitat impacts in Factor radio-tracked female dunes sagebrush used as the foundation for BLM to A to be a threat to the dunes sagebrush lizards were eaten by coachwhips develop their RMPA and for the lizard throughout its range, both now (Masticophis flagellum). Coachwhips development of the Candidate and continuing into the foreseeable are large, swift, diurnal snakes that feed Conservation Agreement (CCA) and future. primarily on lizard species. Another Candidate Conservation Agreement with B. Overutilization for Commercial, predator, the loggerhead shrike (Lanius Assurances (CCAA). If implemented as Recreational, Scientific, or Educational ludovicianus), is found in the Mescalero intended, the conservation strategy, Purposes Sands habitat. Loggerhead shrikes are RMPA, and CCA/CCAAs could be The dunes sagebrush lizard is not a birds that occur in many habitats from significant contributions to the commercially valuable species, but remote deserts to suburban areas. These conservation of these two species. small predators perch on trees, shrubs, could be increasingly sought by BLM’s RMPA poles, fences, and utility wires, and collectors due to its rarity. Areas swoop down to capture and impale prey The BLM’s RMPA addresses the inhabited by this species are open to (Rappole 2000, p. 163). Increased threats of shinnery oak removal due to public access, and populations that are perches and increased edge effects herbicide spraying, and oil and gas thought to be small and localized could could lead to increased levels of development. The plan provides for be affected and possibly extirpated if predation that would impact the dunes specific conservation requirements, collection pressures increase. Scientific sagebrush lizard. lease stipulations, and the removal of collecting is not thought to represent a Power line grids are located 42,934 ha (106,091 ac) of dunes significant threat to localized throughout oil and gas developments. sagebrush lizard habitat from future oil populations. Further, the States of New The BLM and the NMSLO do not have and gas leasing. However, the plan Mexico and Texas require scientific a database of the power lines within the provides for a variety of exceptions and collecting and research permits for the shinnery oak habitat and range of the has no schedule or planned monitoring dunes sagebrush lizard (NMDGF 1978, dunes sagebrush lizard; however, all to ensure that the protections are being p. 7; TX House Bill 12, 2007, p. 1). well pad operations and power plants provided. Future leasing would be Therefore, we do not consider are connected with a grid of allowed in closed areas of habitat if overutilization to be a threat now or in transmission lines throughout the dunes studies show that drilling and the foreseeable future. sagebrush lizard’s habitat. The ongoing exploration would not impact the lesser C. Disease or Predation threat associated with power lines and prairie chicken or dunes sagebrush fences is that they provide perching lizard, or, if at some time in the future, Disease and Parasites habitat for predaceous birds throughout the lesser prairie chicken is no longer a There are no specific studies on the the shinnery oak dunes. The total miles candidate species (BLM 2007, p. 2–22). impacts of disease or parasitism on of fence and power lines throughout the Currently, BLM is working with Texas dunes sagebrush lizards, but studies known range of the species has not been A&M University to study the impacts of have been conducted on close relatives quantified. Although the presence of habitat fragmentation, and determine if

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the measures outlined in the RMPA are In New Mexico, an estimated 35 dunes sagebrush lizard’s habitat, and effective at conserving habitat and percent of the occupied range of the existing habitat should be protected by dunes sagebrush lizard populations. dunes sagebrush lizard is on privately enrolling in the CCA/CCAA or with The RMPA outlines protective owned and State-managed lands. This is conservation easements. The current measures and basic guidelines for a substantial percentage of land efforts have not provided the protection developing around dunes sagebrush occupied by the dunes sagebrush lizard, needed to remove or lessen the lizard habitat. The RMPA provides and these lands are significant to the significant threats posed to the dunes guidance for the management of the dunes sagebrush lizard’s continued sagebrush lizard. lands with dunes sagebrush lizard existence. There are no local or State regulatory mechanisms pertaining to the E. Other Natural or Manmade Factors habitat, but it lacks regulatory strength Affecting Its Continued Existence and is only effective when used. Future conservation of dunes sagebrush lizard implementation will determine the habitat on private or State lands in New Exposure to Pollutants overall efficacy of the plan in Mexico, nor is there NMSLO policy in Though few studies have been contributing to the conservation of the place to protect sensitive species. Nearly conducted to determine the full effects dunes sagebrush lizard. all of the dunes sagebrush lizard habitat of pollutants on reptiles, there is on New Mexico State Trust lands has Candidate Conservation Agreements conclusive evidence of some adverse been leased for oil and gas development impacts to lizard species (Whitfield et A candidate conservation agreement with no stipulations on that al. 2000, p. 657). Sias and Snell (1998) development. The only mechanism for (CCA) and candidate conservation studied the effects of oil and gas wells the preservation of dunes sagebrush agreement with assurances (CCAA) for on dunes sagebrush lizard abundance lizard habitat on State Trust Lands is by the dunes sagebrush lizard and the from 1995 to 1997. The results of their having those lands enrolled in the lesser prairie chicken in New Mexico research showed a strong negative CCAA. were finalized on December 8, 2008. relationship between dunes sagebrush These agreements allow private land State Laws lizard population density and proximity owners and operators, such as ranchers Under New Mexico’s Wildlife to well pads. Specifically, they found a and oil and gas companies, to Conservation Act, on January 24, 1995, 39 percent decrease in the abundance of participate in the conservation of the NMDGF listed the dunes sagebrush dunes sagebrush lizards within 0 to 80 dunes sagebrush lizard. The agreements lizard as a group 2 Endangered Species m (0 to 262 ft) of wells. Sias and Snell provide conservation measures that (Painter et al. 1999, p. 1), which affords (1995, p. 30) believed that oil and gas limit habitat modification and protect it protection from take, but not habitat extraction resulted in a reduction in habitat corridors between shinnery oak destruction (NMDGF 1978, p. 9). The abundance of dunes sagebrush lizards as dune complexes. The agreements also dunes sagebrush lizard is not listed as a result of: (1) Direct habitat loss due to allow for reclamation of abandoned oil endangered or threatened in the State of construction of roads and well pads (as pads, removal of relic power lines, and Texas under the Texas Parks and discussed above in Factor A); (2) restoration of shinnery oak dunes Wildlife Code or the Texas poisoning of dunes sagebrush lizards within suitable habitat. The CCA and Administrative Code (Texas Parks and from oil spills, hydrogen sulfide gas CCAA are ‘‘umbrella’’ agreements under Wildlife Department 1973, p. 1). emissions, and exposure to chemicals which individual entities participate. and other toxins in the vicinity of oil Currently, six private landowners and Summary of Factor D and gas wells; (3) mortality caused by four oil companies (totaling Current regulations under State and increased traffic; and (4) giving a approximately 200,000 acres) are local laws are not adequate to protect competitor of the dunes sagebrush enrolled within the range of the dunes the dunes sagebrush lizard from known lizard a competitive advantage (see sagebrush lizard. There are no enrolled threats, because provisions that protect ‘‘Competition’’ section below). Further, properties that have certificates of habitat are not included in these laws. exposure to oil spills can cause dunes inclusion/participation for both the In New Mexico, BLM’s RMPA covers sagebrush lizards to become entrapped. ranching operations and oil and gas Federal surface and mineral activities During surveys for dunes sagebrush activities on the property. If a rancher within the species’ range. Additionally, lizards in New Mexico, side-blotched enrolls a property in the CCA/CCAA, the CCA/CCAA includes the entire lizards (Uta stansburiana) were found that rancher is responsible for the range of the dunes sagebrush lizard in stranded in oil seepages, coated in oil activities because he or she has New Mexico, but does not extend into and unable to move (Sias and Snell discretion, and would not have control Texas. Because participation in the 1996, p. 28). if oil and gas development occurs on CCA/CCAA by both oil and gas and During petroleum extraction, their conservation acres. The same ranching operators is not occurring hydrogen sulfide is removed from the property would need to also be enrolled throughout the range of the dunes petroleum and released into the air by the oil and gas operator to provide sagebrush lizard, the efficacy of these where it remains for up to one day. conservation measures for operator’s conservation agreements has not yet Hydrogen sulfide is heavier than air and activities on that property. The efficacy been fully implemented and determined tends to sink to the ground where it will of the agreements depends on sustained to be effective. remain until it is neutralized (Lusk and future participation by all entities with In order for the agreements to benefit Kraft 2006, p. 1). Hydrogen sulfide is a controlling interests on properties with the dunes sagebrush lizard, oil and gas highly toxic gas that is the dominant suitable and occupied habitat for the operators need to enroll throughout the reduced (unoxygenated) sulfur gas in oil dunes sagebrush lizard. There are lizard’s range, and habitat restoration fields (Tarver and Dasgupta 1997, p. hundreds of oil and gas operators in the and protection needs to occur in the 3669). Most of the sulfur that is emitted range of the dunes sagebrush lizard, and dunes sagebrush lizard’s habitat. The by oil and gas infrastructure ends up in participation throughout the majority of CCA/CCAA funded the initial the soil (Tarver and Dasgupta 1997, p. the dunes sagebrush lizard habitat investigation into the restoration of 3674). Surface soil tests in active oil would be necessary for the conservation shinnery oak dunes, but for now there fields in Texas found sulfate (an of the species. are no known methods to restore the oxygenated form of sulfur) levels in the

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soil to range between 20 to 200 parts per basking behavior (Abdulla et al. 2008, p. communities to communities with million (ppm) near active facilities, as 589). species such as yucca (Yucca elata), opposed to 1 ppm in similar soils not With much of the dunes sagebrush mesquite, and cacti (Family Cactacea). adjacent to oil facilities (Tarver and lizard’s habitat located in small dune Predicted changes are not known for Dasgupta 1997, p. 3674). patches within oil and gas fields, the shinnery oak, but it is anticipated that Measurements of hydrogen sulfide potential for exposure to hydrogen large contiguous stands of shinnery oak have been taken at a site near Loco sulfide, PAHs, and oil spills is high. If will be necessary for the system to be Hills, New Mexico (40 km (25 mi) east dunes sagebrush lizards are exposed to resilient to climate change. of Artesia), where large populations of this type of pollution, we may expect Climate change is predicted to cause dunes sagebrush lizards were found physiological dysfunction, impaired a global decline in lizard populations, historically. Dunes sagebrush lizards dig foraging abilities, increased mortality, with an estimated 40 percent of lizard just below the soil surface during hot and population declines. For this populations becoming extinct by 2080 parts of the day and at night, and would reason, we believe the exposure to (Huey et al. 2010, p. 832). In a recent therefore be in direct contact with the pollutants from oil and gas production study in Mexico, 12 percent of 200 sulfates in the soil. Sulfates increase the may be a factor affecting the survival of lizard populations went extinct due to anaerobic activities in the soil, make the the species. the magnitude of warming in the spring (Huey et al. 2010, p. 832). For the soil more acidic, and could cause Climate Change protein and gene damage to organisms, lizards studied, warming caused the The Intergovernmental Panel on depending on the duration of exposure lizards to avoid activities such as Climate Change (IPCC) states that (Escher and Hermens 2002, p. 4203). Air foraging or reproducing. In order to warming of the climate system is avoid becoming overheated, the lizards concentrations of hydrogen sulfide as unequivocal, based on observations of high as 33 ppm were recorded for a remained in cooler refuges. This increases in global average air and ocean research has shown evidence of actual period of 32 minutes in the Loco Hills temperatures, widespread melting of area (Lusk and Kraft 2008, p. 19). Active extinctions of local populations linked snow and ice, and rising global average to changes in climate in Sceloporus dunes sagebrush lizards are predicted to sea level (2007a, p. 5). For the next two show adverse effects at concentrations lizards (the genus of the dunes decades, a warming of about 0.4 degrees sagebrush lizard) (Sinervo et al. 2010, p. greater than 14 ppm (Lusk and Kraft Fahrenheit (°F) (0.2 degrees Celsius (°C)) 2008, p. 20). Lusk and Kraft (2008) 894). per decade is projected (IPCC 2007a, p. The severity of impacts to all plants recommend the adoption of interim air 12). Temperature projections for the and wildlife resulting from climate quality standards for the protection of following years increasingly depend on change will depend on the amount of wildlife at 1 ppm, the requirement of specific emission scenarios (IPCC 2007a, habitat available for dispersal. The routine monitoring of hydrogen sulfide p. 13). Various emissions scenarios dunes sagebrush lizard is a habitat to identify sources in areas where suggest that average global temperatures specialist, and its habitat is not ambient concentrations exceed 1 ppm, are expected to increase by between 1.1 expanding (Peterson 1992, p. 2). The and the reduction of emissions to meet °F and 7.2 °F (0.6 °C and 4.0 °C) by the dune system that the dunes sagebrush these wildlife conservation goals. end of the 21st century, with the lizard inhabits is limited by the The long-term impacts of oil field greatest warming expected over land distribution of shinnery oak and may be pollutants to dunes sagebrush lizard (IPCC 2007a, p. 13). Warming in western vulnerable to rapid habitat changes populations, fecundity, and mountains is projected to cause (Muhs and Holliday 2001, p. 86). survivorship are unknown. Oil fields decreased snowpack, more winter Organisms that are able to adapt to contain a variety of organic toxic flooding, and reduced summer flows, changing environments and shifts in pollutants including petroleum exacerbating competition for over- habitat availability will likely be more hydrocarbons, polycyclic aromatic allocated water resources (IPCC 2007b, apt to survive climate change (Massot et hydrocarbons (PAHs), phenanthrene, p. 14). The IPCC reports that it is very al. 2008, p. 466). The impacts of climate fluoranthene, and benzo[a]anthracene. likely that hot extremes, heat waves, change to the shinnery oak dune system, Two studies on the impacts of oil and and heavy precipitation and flooding including increased temperatures, gas pollution to another sand-dwelling will increase in frequency (IPCC 2007b, decreased precipitation, increased sand lizard, the Nidua fringe-fingered lizard p. 18). supply, decreased vegetative cover, and (Acanthodactylus scutellatus), a sand- It is anticipated that climate change increased evaporation, would all lead to dwelling species from the Middle East, will intensify the effects of other increased movement of sand dunes and were conducted in the oil fields in ongoing habitat impacts, including more unstable dunes (Muhs and Kuwait. Tissue samples taken from both impacts of oil and gas development and Holliday 1995, p. 206). The shinnery the fringe-fingered lizard and its insect shinnery oak removal (Sinervo et al. oak dune habitat relies on the stability prey base (ants) found the PAH 2010, p. 894). The predicted changes in and underground structure of the concentrations in the fringe-fingered climate in the desert Southwest include shinnery oak. Without the shinnery oak, lizard and ant tissue increased with the higher temperatures and less rainfall, the dunes will be unstable and will exposure to the toxins. The levels of and changes in storm frequency and move at a much faster pace (Muhs and PAHs in the fringe-fingered lizard and severity (Seager et al. 2007, p. 1183; Holliday 2001, p. 75). The historical ant tissues were high enough to impact Saunders et al. 2008, p. 5). Higher mobilization of sand that forms the the function of vital organs. Fringe- temperatures and lower rainfall, as current shinnery oak dune system was fingered lizards are not able to remove predicted by various models for the caused by relatively minor changes in the toxins from their system quickly due southeastern part of New Mexico, could climate (Holliday 2001, p. 88). to their slow metabolic rate and simple manifest as further degradation of the Dunes sagebrush lizards are not found enzyme system (Al-Hashem et al. 2007, shinnery oak dune system (Seager et al. in areas that do not have shinnery oak p. 555). Additionally, the exposure to 2007, p. 1183). These increased dunes, and major shifts in habitat oil field chemicals affected the behavior temperatures could directly affect availability would impact the dunes and foraging time for the fringe-fingered individuals by reducing habitat and by sagebrush lizard (Painter et al 1999, p. lizard by altering time of emergence and converting shinnery oak vegetation 7). Climate change models for some

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lizard species predict a complete loss of Summary of Factor E proposed determination applies to the habitat by 2050 due to precipitation We do not know the magnitude or dunes sagebrush lizard throughout its declines (Ballesteros-Barrera et al. 2007, imminence of the direct or indirect entire range. p. 736). The limited dispersal ability of impacts of competition and climate Available Conservation Measures dunes sagebrush lizards means that the change on the status of the species at species as a whole could be isolated in Conservation measures provided to this time. However, we consider species listed as endangered or areas with increased desertification and exposure to oil and gas pollutants to be shinnery oak loss. The already threatened under the Act include a threat to the species throughout its recognition, recovery actions, fragmented habitat will limit the ability range, both now and continuing into the of the dunes sagebrush lizard to respond requirements for Federal protection, and foreseeable future. to climate-induced habitat changes. At prohibitions against certain practices. this time, climate change is not Proposed Listing Determination Recognition results in public awareness and conservation by Federal, State, considered to be the most significant We have carefully assessed the best Tribal, and local agencies; private threat to the dunes sagebrush lizard scientific and commercial information throughout its range; however, impacts organizations; and individuals. The Act available regarding the past, present, encourages cooperation with the States from climate change in the future will and future threats to the dunes likely exacerbate the ongoing threat of and requires that recovery actions be sagebrush lizard. The dunes sagebrush carried out for all listed species. The habitat loss caused by other factors, as lizard faces immediate and significant discussed above. protection required by Federal agencies threats due to oil and gas activities, and and the prohibitions against certain Competition herbicide treatments. Habitat loss and activities involving listed species are The side-blotched lizard (Uta fragmentation due to oil and gas discussed, in part, below. stansburiana) is a generalist lizard development is a measureable factor The primary purpose of the Act is the species that is found throughout the impacting the species due to the conservation of endangered and range of the dunes sagebrush lizard. removal of shinnery oak and creation of threatened species and the ecosystems Researchers studying the dunes roads and pads, pipelines, and power upon which they depend. The ultimate sagebrush lizard have reported that the lines that create habitat patches and goal of such conservation efforts is the side-blotched lizard is a competitor for increase the proportion of habitat edge recovery of these listed species, so that resources with the dunes sagebrush to habitat interior. In addition, impacts they no longer need the protective lizard (Sena 1985, p. 13) and has been that are not easily quantified such as measures of the Act. Subsection 4(f) of observed directly competing for insect climate change, competition, and the Act requires the Service to develop prey (Sias and Snell 1996, p. 6). In areas pollution may exacerbate adverse effects and implement recovery plans for the where there are large dune blowouts in caused by habitat loss. Cumulative conservation of endangered and shinnery oak dune complexes, the threats to the dunes sagebrush lizard are threatened species. The recovery dominant lizard species is the dunes not being adequately addressed through planning process involves the sagebrush lizard. As the habitat becomes existing regulatory mechanisms. Oil and identification of actions that are marginal with smaller dune blowouts gas pollutants are a current and ongoing necessary to halt or reverse the species’ adjacent to shinnery oak flats or threat to the species throughout its decline by addressing the threats to its unsuitable habitat, there are greater range. survival and recovery. The goal of this numbers of side-blotched lizards and The Act defines an endangered process is to restore listed species to a fewer dunes sagebrush lizards. In areas species as ‘‘any species which is in point where they are secure, self- that have more habitat disturbance and danger of extinction throughout all or a sustaining, and functioning components greater edge effects, there are also more significant portion of its range.’’ We find of their ecosystems. side-blotched lizards than dunes that the dunes sagebrush lizard is Recovery planning includes the sagebrush lizards (Painter 2007, p. 2). presently in danger of extinction development of a recovery outline The side-blotched lizard is the most throughout its entire range, based on the shortly after a species is listed, abundant lizard found in the same immediacy, severity, and scope of the preparation of a draft and final recovery habitat as the dunes sagebrush lizard. ongoing significant threats to the dunes plan, and revisions to the plan as The side-blotched lizard uses more sagebrush lizard, as described above. significant new information becomes open, sandy substrate than the dunes Therefore, on the basis of the best available. The recovery outline guides sagebrush lizard, which uses the available scientific and commercial the immediate implementation of urgent vegetative cover provided by shinnery information, we propose to list the recovery actions and describes the oak. The side-blotched lizard also dunes sagebrush lizard as an process to be used to develop a recovery spends more time in the open sun and endangered species in accordance with plan. The recovery plan identifies site- more time foraging (Sartotrius et al. sections 3(6) and 4(a)(1) of the Act. specific management actions that will 2002, pp. 1972–1975). As a generalist, Under the Act and our implementing achieve recovery of the species, the side-blotched lizard is not impacted regulations, a species may warrant measurable criteria that determine when by habitat disturbance and alteration in listing if it is endangered or threatened a species may be downlisted or delisted, the way that dunes sagebrush lizard, a throughout all or a significant portion of and methods for monitoring recovery habitat specialist, is impacted (Sias and its range. The dunes sagebrush lizard is progress. Recovery plans also establish Snell 1996, p. 18; Painter et al. 2007, p. highly restricted in its range, and the a framework for agencies to coordinate 3). Therefore, the side-blotched lizard threats occur throughout its range. their recovery efforts and provide likely outcompetes the dunes sagebrush Therefore, we assessed the status of the estimates of the cost of implementing lizard in these altered habitats. species throughout its entire range. The recovery tasks. Recovery teams Increased temperatures, due to climate threats to the survival of the dunes (comprised of species experts, Federal change, and changes to the vegetative sagebrush lizard occur throughout its and State agencies, nongovernment community could increase the range and are not restricted to any organizations, and stakeholders) are competition between dunes sagebrush particular portion of that range. often established to develop recovery lizards and side-blotched lizards. Accordingly, our assessment and plans. When completed, the recovery

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outline, draft recovery plan, and the therefore we would seek to conference • Do not place power lines and fences final recovery plan will be available on with BLM and NRCS on these actions: through shinnery oak dune complexes; our Web site (http://www.fws.gov/ • The lease of land for oil and gas • Develop transmission corridors for endangered), or from our New Mexico drilling, pipelines and power lines; Ecological Services Field Office (see FOR • Applications to drill, • Limit pollution by inspecting • FURTHER INFORMATION CONTACT). Applications for infrastructure pipelines and equipment; • Implementation of recovery actions through dunes (including, but not Develop and implement plans for limited to pipelines and power lines), cleaning oil spills; generally requires the participation of a • • broad range of partners, including other OHV activities, Limit hydrogen sulfide emissions; • Seismic exploration, • Maintain wells; and Federal agencies, States, Tribal and • Continued oil and gas operations • Limit any further infrastructure that nongovernmental organizations, (release of pollution and routine would remove the shinnery oak dunes. businesses, and private landowners. maintenance), The Act and its implementing Examples of recovery actions include • Grazing leases, regulations set forth a series of general habitat restoration (e.g., restoration of • Renewable resource activities, and prohibitions and exceptions that apply native vegetation), research, captive • Chemical and mechanical removal to endangered species. The prohibitions propagation and reintroduction, and of shinnery oak habitat. of section 9(a)(2) of the Act, codified at outreach and education. The recovery of If a species is listed subsequently, 50 CFR 17.21 for endangered wildlife, in many listed species cannot be section 7(a)(2) requires Federal agencies part, make it illegal for any person accomplished solely on Federal lands to ensure that activities they authorize, subject to the jurisdiction of the United because their range may occur primarily fund, or carry out are not likely to States to take (includes harass, harm, or solely on non-Federal lands. To jeopardize the continued existence of pursue, hunt, shoot, wound, kill, trap, achieve recovery of these species the species or destroy or adversely capture, or collect, or to attempt any of requires cooperative conservation efforts modify its critical habitat. If a Federal these), import, export, ship in interstate on private, State, and Tribal lands. action may adversely affect a listed commerce in the course of commercial If this species is listed, funding for species or its critical habitat, the activity, or sell or offer for sale in recovery actions will be available from responsible Federal agency must enter interstate or foreign commerce any a variety of sources, including Federal into formal consultation with the listed species. Under the Lacey Act (18 budgets, State programs, and cost share Service. U.S.C. 42; 16 U.S.C. 3371–3378), it is grants for non-Federal landowners, the For the dunes sagebrush lizard, also illegal to possess, sell, deliver, academic community, and Federal agency actions that may require carry, transport, or ship any such nongovernmental organizations. In conference or consultation or both, as wildlife that has been taken illegally. addition, under section 6 of the Act, the described in the preceding paragraph, Certain exceptions to the prohibitions States of New Mexico and Texas would include the provision of Federal funds apply to agents of the Service and State be eligible for Federal funds to to State and private entities through conservation agencies. The dunes implement management actions that Federal programs, such as the Service’s sagebrush lizard is listed as endangered promote the protection and recovery of Landowner Incentive Program, State by the State of New Mexico, and is the dunes sagebrush lizard. Information Wildlife Grant Program, and Federal currently protected under the Wildlife on our grant programs that are available Aid in Wildlife Restoration program, as Conservation Act of 1978, which to aid species recovery can be found at: well as the various grants administered prohibits take of the species but has no http://www.fws.gov/grants. by the Natural Resources Conservation protection for habitat (NMDGF 1978, p. Although the dunes sagebrush lizard Service. Other types of actions that may 9). The Act will, therefore, offer is only proposed for listing under the require consultation include BLM additional protection to this species. Act at this time, please let us know if activities, such as the lease of land for We may issue permits to carry out you are interested in participating in oil and gas drilling, applications to drill, otherwise prohibited activities recovery efforts for this species. grazing leases, and removal of shinnery involving endangered and threatened Additionally, we invite you to submit oak habitat. Possible measures that wildlife species under certain any new information on this species could be implemented to conserve the circumstances. Regulations governing whenever it becomes available and any dunes sagebrush lizard and its habitat permits are codified at 50 CFR 17.22 for information you may have for recovery are: • endangered species, and at 17.32 for planning purposes (see FOR FURTHER Maintain 500-m (1640-ft) wide threatened species. With regard to INFORMATION CONTACT). dispersal corridors in shinnery oak endangered wildlife, a permit must be Section 7(a) of the Act, as amended, dunes for the dunes sagebrush lizards to issued for the following purposes: for disperse between habitat patches; requires Federal agencies to evaluate • scientific purposes, to enhance the their actions with respect to any species Discontinue chemical spraying propagation or survival of the species, that is proposed or listed as endangered within occupied or suitable habitat; and for incidental take in connection • Place well pads outside of shinnery or threatened and with respect to its with otherwise lawful activities. We oak dunes and corridors between dune critical habitat, if any is designated. anticipate that the only permits that complexes; Regulations implementing this • Manage well density to limit would be sought or issued for the dunes interagency cooperation provision of the development in habitat; sagebrush lizard would be in association Act are codified at 50 CFR part 402. • Minimize well pad size and carry with research and recovery efforts, as Section 7(a)(4) requires Federal agencies out site reclamation; this species is not common in the to confer with the Service on any action • Develop techniques to recreate herpetocultural trade or in the wild. that is likely to jeopardize the continued shinnery oak dunes; Requests for copies of the regulations existence of a species proposed for • Limit OHV use in occupied habitat; regarding listed species and inquiries listing or result in destruction or • Minimize impacts of seismic about prohibitions and permits may be adverse modification of proposed exploration by thumper trucks; addressed to the Field Supervisor at the critical habitat. We believe the following • Develop a public awareness address in the FOR FURTHER INFORMATION actions may jeopardize this species, and program; CONTACT section.

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It is our policy, as published in the management such as research, census, Section 4 of the Act requires that we Federal Register on July 1, 1994 (59 FR law enforcement, habitat acquisition designate critical habitat on the basis of 34272), to identify to the maximum and maintenance, propagation, live the best scientific and commercial data extent practicable at the time a species trapping, and transplantation, and, in available. Further, our Policy on is listed, those activities that would or the extraordinary case where population Information Standards Under the would not constitute a violation of pressures within a given ecosystem Endangered Species Act (published in section 9 of the Act. The intent of this cannot be otherwise relieved, may the Federal Register on July 1, 1994 (59 policy is to increase public awareness of include regulated taking. FR 34271)), the Information Quality Act the effect of a proposed listing on Critical habitat receives protection (section 515 of the Treasury and General proposed and ongoing activities within under section 7 of the Act through the Government Appropriations Act for the range of species proposed for listing. prohibition of destruction or adverse Fiscal Year 2001 (Pub. L. 106–554; H.R. The following activities could modification of critical habitat with 5658)), and our associated Information potentially result in a violation of regard to actions carried out, funded, or Quality Guidelines, provide criteria, section 9 of the Act; this list is not authorized by a Federal agency. Section establish procedures, and provide comprehensive: 7(a)(2) of the Act requires consultation guidance to ensure that our decisions (1) Unauthorized collecting, handling, on Federal actions that may affect are based on the best scientific data possessing, selling, delivering, carrying, critical habitat. The designation of available. They require our biologists, to or transporting of the species, including critical habitat does not affect land the extent consistent with the Act and import or export across State lines and ownership or establish a refuge, with the use of the best scientific data international boundaries, except for wilderness, reserve, preserve, or other available, to use primary and original properly documented antique conservation area. Such designation sources of information as the basis for specimens of these taxa at least 100 does not allow the government or public recommendations to designate critical years old, as defined by section 10(h)(1) to access private lands. Such habitat. of the Act; designation does not require When we are determining which areas (2) Introduction of nonnative species implementation of restoration, recovery, should be designated as critical habitat, that compete with or prey upon the or enhancement measures by non- our primary source of information is dunes sagebrush lizard; and Federal landowners. Where a landowner generally the information developed (3) The unauthorized release of seeks or requests Federal agency during the listing process for the biological control agents that attack any funding or authorization for an action species. Additional information sources life stage of this species. that may affect a listed species or may include the recovery plan for the Questions regarding whether specific critical habitat, the consultation species, articles in peer-reviewed activities would constitute a violation of requirements of section 7(a)(2) of the journals, conservation plans developed section 9 of the Act should be directed Act would apply, but even in the event by States and counties, scientific status to the New Mexico Ecological Services of a destruction or adverse modification surveys and studies, biological Field Office (see FOR FURTHER finding, Federal action agencies and the assessments, or other unpublished INFORMATION CONTACT). applicant’s obligation is not to restore or materials and expert opinion or recover the species, but to implement personal knowledge. Critical Habitat reasonable and prudent alternatives to Habitat is often dynamic, and species Background avoid destruction or adverse may move from one area to another over modification of critical habitat. time. Furthermore, we recognize that Critical habitat is defined in section 3 For inclusion in a critical habitat critical habitat designated at a particular of the Act as: designation, the habitat within the point in time may not include all of the (i) The specific areas within the geographical area occupied by the habitat areas that we may later geographical area occupied by the species at the time it was listed must determine are necessary for the recovery species, at the time it is listed in contain the physical and biological of the species. For these reasons, a accordance with the Act, on which are features essential to the conservation of critical habitat designation does not found those physical or biological the species, and be included only if signal that habitat outside the features. those features may require special designated area is unimportant or may (I) Essential to the conservation of the management considerations or not be required for recovery of the species and protection. Critical habitat designations species. (II) Which may require special identify, to the extent known using the Areas that are important to the management considerations or best scientific and commercial data conservation of the species, but are protection; and available, habitat areas that provide outside the critical habitat designation, (ii) Specific areas outside the essential life cycle needs of the species will continue to be subject to geographical area occupied by the (areas on which are found the physical conservation actions we implement species at the time it is listed, upon a and biological features (PBFs) laid out under section 7(a)(1) of the Act. Areas determination that such areas are in the appropriate quantity and spatial that support populations are also subject essential for the conservation of the arrangement for the conservation of the to the regulatory protections afforded by species. species). Under the Act and regulations the section 7(a)(2) jeopardy standard, as Conservation, as defined under at 50 CFR 424.12, we can designate determined on the basis of the best section 3 of the Act, means to use and critical habitat in areas outside the available scientific information at the the use of all methods and procedures geographical area occupied by the time of the agency action. Federally that are necessary to bring an species at the time it is listed only when funded or permitted projects affecting endangered or threatened species to the we determine that those areas are listed species outside their designated point at which the measures provided essential for the conservation of the critical habitat areas may still result in under the Act are no longer necessary. species and that designation limited to jeopardy findings in some cases. Such methods and procedures include, those areas occupied at the time of Similarly, critical habitat designations but are not limited to, all activities listing would be inadequate to ensure made on the basis of the best available associated with scientific resources the conservation of the species. information at the time of designation

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will not control the direction and When critical habitat is not Persons needing reasonable substance of future recovery plans, determinable, the Act provides for an accommodations to attend and habitat conservation plans (HCPs), or additional year to publish a critical participate in a public hearing should other species conservation planning habitat designation (16 U.S.C. contact the New Mexico Ecological efforts if new information available at 1533(b)(6)(C)(ii)). Services Field Office at 505–761–4718, the time of these planning efforts We are currently unable to determine as soon as possible. To allow sufficient warrants otherwise. which areas meet the definition of time to process requests, please call no critical habitat because the location and Prudency Determination later than one week before the hearing distribution of physical and biological date. Information regarding this Section 4(a)(3) of the Act, as features that may be considered proposed rule is available in alternative amended, and implementing regulations essential to the conservation of the formats upon request. (50 CFR 424.12), require that, to the species is not sufficiently understood at maximum extent prudent and this time. Additional onsite work is Clarity of the Rule determinable, the Secretary designate needed for the purposes of delineating We are required by Executive Orders critical habitat at the time the species is critical habitat boundaries and 12866 and 12988 and by the determined to be endangered or providing legal descriptions of those Presidential Memorandum of June 1, threatened. Our regulations (50 CFR areas. Therefore, although we have 1998, to write all rules in plain 424.12(a)(1)) state that the designation determined that the designation of language. This means that each rule we of critical habitat is not prudent when critical habitat is prudent for the dunes publish must: one or both of the following situations sagebrush lizard, we find that critical (a) Be logically organized; exist: (1) The species is threatened by habitat for the dunes sagebrush lizard is (b) Use the active voice to address taking or other human activity, and not determinable at this time. readers directly; identification of critical habitat can be (c) Use clear language rather than Peer Review expected to increase the degree of threat jargon; to the species, or (2) such designation of In accordance with our joint policy (d) Be divided into short sections and critical habitat would not be beneficial published in the Federal Register on sentences; and to the species. July 1, 1994 (59 FR 34270), we will seek (e) Use lists and tables wherever There is no documentation that the the expert opinions of at least three possible. dunes sagebrush lizard is threatened by appropriate and independent specialists If you feel that we have not met these collection and, therefore, is unlikely to regarding this proposed rule. The requirements, send us comments by one experience increased threats by purpose of such review is to ensure that of the methods listed in the ADDRESSES identifying critical habitat. Further, the our determination of status for this section. To better help us revise the potential benefits of critical habitat to species is based on scientifically sound rule, your comments should be as the dunes sagebrush lizard include: (1) data, assumptions, and analyses. We specific as possible. For example, you Triggering consultation under section 7 will send peer reviewers copies of this should tell us the numbers of the of the Act, in new areas for actions in proposed rule immediately following sections or paragraphs that are unclearly which there may be a Federal nexus publication in the Federal Register. We written, which sections or sentences are where it would not otherwise occur will invite these peer reviewers to too long, the sections where you feel because, for example, it is or has comment, during the public comment lists or tables would be useful, etc. become unoccupied or the occupancy is period, on the specific assumptions and Paperwork Reduction Act of 1995 (44 in question; (2) focusing conservation conclusions regarding the proposal to U.S.C. 3501 et seq.) activities on the most essential features list dunes sagebrush lizard as and areas; (3) providing educational endangered, and our decision regarding This rule does not contain any new benefits to State or county governments critical habitat for these species. collections of information that require or private entities; and (4) preventing We will consider all comments and approval by Office of Management and people from causing inadvertent harm information we receive during the Budget (OMB) under the Paperwork to the species. Therefore, since we have comment period on this proposed rule Reduction Act. This rule will not determined that the designation of during preparation of a final impose recordkeeping or reporting critical habitat will not likely increase rulemaking. Accordingly, the final requirements on State or local the degree of threat to the species and decision may differ from this proposal. governments, individuals, businesses, or organizations. An agency may not may provide some measure of benefit, Public Hearings we find that designation of critical conduct or sponsor, and a person is not habitat is prudent for dunes sagebrush The Act provides for one or more required to respond to, a collection of lizard. public hearings on this proposal, if information unless it displays a As stated above, section 4(a)(3) of the requested. Requests must be received currently valid OMB control number. Act requires the designation of critical within 45 days after the date of National Environmental Policy Act habitat concurrently with the species’ publication of this proposal in the listing ‘‘to the maximum extent prudent Federal Register. Such requests must be We have determined that and determinable.’’ Our regulations at 50 made in writing and be addressed to the environmental assessments and CFR 424.12(a)(2) state that critical Field Supervisor at the address in the environmental impact statements, as habitat is not determinable when one or FOR FURTHER INFORMATION CONTACT defined under the authority of the both of the following situations exist: section. We will schedule public National Environmental Policy Act of (i) Information sufficient to perform hearing on this proposal, if any are 1969 (42 U.S.C. 4321 et seq.), need not required analyses of the impacts of the requested, and announce the dates, be prepared in connection with designation is lacking, or times, and places of those hearings, as regulations adopted under section (ii) The biological needs of the species well as how to obtain reasonable 4(a)(1) of the Act. We published a notice are not sufficiently well known to accommodations, in the Federal outlining our reasons for this permit identification of an area as Register and local newspapers at least determination in the Federal Register critical habitat. 15 days before the hearing. on October 25, 1983 (48 FR 49244).

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References Cited List of Subjects in 50 CFR Part 17 Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Public Law A complete list of all references cited Endangered and threatened species, Exports, Imports, Reporting and 99–625, 100 Stat. 3500; unless otherwise in this proposed rule is available on the noted. recordkeeping requirements, Internet at http://www.regulations.gov Transportation. or upon request from the Field 2. Amend § 17.11(h) by adding an Supervisor, New Mexico Ecological Proposed Regulation Promulgation entry for ‘‘Lizard, dunes sagebrush’’ in an alphabetical order under REPTILES Services Field Office (see FOR FURTHER Accordingly, we propose to amend INFORMATION CONTACT section). part 17, subchapter B of chapter I, title to the List of Endangered and Threatened Wildlife to read as follows: Authors 50 of the Code of Federal Regulations, as set forth below: § 17.11 Endangered and threatened The primary authors of this proposed wildlife. PART 17—[AMENDED] rule are the staff members of the New * * * * * Mexico Ecological Services Field Office 1. The authority citation for part 17 (h) * * * (see FOR FURTHER INFORMATION CONTACT). continues to read as follows:

Species Historic range Family Status When listed Critical Special Common name Scientific name habitat rules

******* REPTILES

******* Lizard, dunes sage- Sceloporus U.S.A. (NM, TX) ..... Phrynosomatidae .... E ...... NA NA brush. arenicolus.

*******

* * * * * an amended required determinations Public Comments section below for Dated: December 1, 2010. section of the proposal. We are more information). Rowan W. Gould, reopening the comment period for an FOR FURTHER INFORMATION CONTACT: additional 30 days to allow all Acting Director, Fish and Wildlife Service. Stephen Ricks, Field Supervisor, interested parties an opportunity to Mississippi Fish and Wildlife Office, [FR Doc. 2010–31140 Filed 12–13–10; 8:45 am] comment simultaneously on the 6578 Dogwood View Parkway, Jackson, BILLING CODE 4310–55–P proposed critical habitat designation, MS 39213; by telephone (601–321– the associated DEA, and the amended 1122); or by facsimile (601–965–4340). DEPARTMENT OF THE INTERIOR required determinations section. Persons who use a telecommunications Comments previously submitted need device for the deaf (TDD) may call the Fish and Wildlife Service not be resubmitted and will be fully Federal Information Relay Service considered in preparation of the final (FIRS) at 800–877–8339. 50 CFR Part 17 rule. SUPPLEMENTARY INFORMATION: [Docket No. FWS–R4–ES–2010–0024; MO DATES: We will consider public Public Comments 92210–0–0009–B4] comments received on or before January 13, 2011. Comments must be received We will accept written comments and RIN 1018–AW89 by 11:59 p.m. Eastern Time on the information during this reopened comment period on our proposed Endangered and Threatened Wildlife closing date. Any comments that we receive after the closing date may not be designation of critical habitat for the and Plants; Designation of Critical Mississippi gopher frog that was Habitat for Mississippi Gopher Frog considered in the final decision on this action. published in the Federal Register on AGENCY: Fish and Wildlife Service, June 3, 2010 (75 FR 31387), the DEA of ADDRESSES: You may submit comments Interior. the proposed designation of critical by one of the following methods: ACTION: Proposed rule; reopening of habitat for the Mississippi gopher frog, • Federal eRulemaking Portal: http:// comment period, availability of draft and the amended required www.regulations.gov. Follow the economic analysis, and amended determinations provided in this instructions for submitting comments to required determinations. document. We will consider Docket No. FWS–R4–ES–2010–0024. information and recommendations from SUMMARY: We, the U.S. Fish and • U.S. mail or hand-delivery: Public all interested parties. We are Wildlife Service (Service), announce the Comments Processing, Attn: FWS–R4– particularly interested in comments availability of the draft economic ES–2010–0024; Division of Policy and concerning: analysis (DEA) for the June 3, 2010, Directives Management; U.S. Fish and (1) The reasons why we should or proposed designation of critical habitat Wildlife Service; 4401 N. Fairfax Drive, should not designate areas as ‘‘critical for the Mississippi gopher frog (Rana Suite 222; Arlington, VA 22203. habitat’’ under section 4 of the Act (16 sevosa) [= Rana capito sevosa] under We will post all comments on http:// U.S.C. 1531 et seq.), including whether the Endangered Species Act of 1973, as www.regulations.gov. This generally there are threats to the Mississippi amended (Act). We also announce the means that we will post any personal gopher frog from human activity, the reopening of the comment period and information you provide us (see the degree of which can be expected to

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