Endangered and Threatened Wildlife and Plants; Reinstated Proposed Rule to List the Flat-Tailed Horned Lizard as Threatened, 20637-20639 [E6-5895]
Download as PDF
wwhite on PROD1PC61 with PROPOSALS
Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules
covered by the management plan; we
are especially interested in knowing
how partnerships may be positively or
negatively affected by a designation, or
through exclusion from critical habitat,
and costs associated with designation;
and
(c) With specific reference to sections
4(a)(3) and 4(b)(2) of the Act, we request
information from the Department of
Defense to assist the Secretary of the
Interior in making a determination as to
whether any proposed critical habitat
overlaps with lands, administered by or
under the control of the Department of
Defense, covered by an Integrated
Natural Resources Management Plan
(INRMP) that benefits the conservation
of the species;
(5) Any foreseeable economic,
national security, or other potential
impacts resulting from the proposed
designation and, in particular, any
impacts on small entities; and
(6) Whether our approach to
designating critical habitat could be
improved or modified in any way to
provide for greater public participation
and understanding, or to assist us in
accommodating public concerns and
comments.
If you wish to comment, you may
submit your comments and materials
concerning the proposal by any one of
several methods (see ADDRESSES
section). Please submit Internet
comments to fw1willamettech@fws.gov
in ASCII file format and avoid the use
of special characters or any form of
encryption. Please also include ‘‘RIN
1018–AT91’’ in your e-mail subject
header and your name and return
address in the body of your message. If
you do not receive a confirmation from
the system that we have received your
Internet message, contact us directly
(see ADDRESSES section). Please note
that the Internet address
fw1willamettech@fws.gov will be
unavailable at the termination of the
public comment period.
Our practice is to make comments,
including names and home addresses of
respondents, available for public review
during regular business hours.
Individual respondents may request that
we withhold their home addresses from
the rulemaking record, which we will
honor to the extent allowable by law.
There also may be circumstances in
which we would withhold from the
rulemaking record a respondent’s
identity, as allowable by law. If you
wish to withhold your name and/or
address, you must state this
prominently at the beginning of your
comment, but you should be aware that
the Service may be required to disclose
your name and address pursuant to the
VerDate Aug<31>2005
16:10 Apr 20, 2006
Jkt 208001
Freedom of Information Act. However,
we will not consider anonymous
comments. We will make all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours at the Oregon Fish and Wildlife
Office (see ADDRESSES section).
Public Hearing
Anyone wishing to make an oral
statement for the record is encouraged
to provide a written copy of their
statement and present it to us at the
hearing. In the event there is a large
attendance, the time allotted for oral
statements may be limited. Oral and
written statements receive equal
consideration. There are no limits on
the length of written comments
submitted to us. If you have any
questions concerning the public
hearing, please contact the Oregon Fish
and Wildlife Office (see ADDRESSES
above). Persons needing reasonable
accommodations in order to attend and
participate in the public hearings
should contact Patti Carroll at 503/231–
2080 as soon as possible. In order to
allow sufficient time to process
requests, please call no later than one
week before the hearing date.
Information regarding the proposal is
available in alternative formats upon
request.
Background
On November 2, 2005, we published
a proposed rule in the Federal Register
(70 FR 66492) to designate
approximately 3,089 acres (ac) (1,250
hectares (ha)) as critical habitat for
Fender’s blue butterfly, 724 ac (293 ha)
as critical habitat for Lupinus
sulphureus ssp. kincaidii, and 718 ac
(291 ha) as critical habitat for Erigeron
decumbens var. decumbens. The
proposed critical habitat is located in
Polk, Benton, Yamhill, Lane, Marion,
Linn, and Douglas Counties, Oregon,
and Lewis County, Washington. The
original comment period on the
proposed critical habitat rule closed on
January 3, 2006.
Section 4(b)(5)(E) of the Act (16 U.S.C.
1531 et seq.) requires that a public
hearing be held if it is requested within
45 days of the publication of a proposed
rule. In response to a timely request
received for a public hearing, we are
conducting the public hearing on the
date and at the address described in the
DATES and ADDRESSES sections above,
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20637
and reopening the comment period
accordingly.
Author
The primary author of this package is
Mikki Collins, Oregon Fish and Wildlife
Office, U.S. Fish and Wildlife Service.
Authority
The authority for this action is the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
Dated: April 14, 2006.
Matt Hogan,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. E6–5975 Filed 4–20–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AU58
Endangered and Threatened Wildlife
and Plants; Reinstated Proposed Rule
to List the Flat-Tailed Horned Lizard as
Threatened
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the public comment period
for the reinstated proposed rule to list
the flat-tailed horned lizard
(Phrynosoma mcallii) as a threatened
species pursuant to the Endangered
Species Act of 1973, as amended (Act).
On November 17, 2005, the U.S. District
Court for the District of Arizona vacated
the January 3, 2003, withdrawal of the
proposed rule to list the flat-tailed
horned lizard, remanded the matter to
us for further consideration in
accordance with its August 30, 2005,
and November 17, 2005, orders, and
ordered us to make a new listing
decision.
Pursuant to the Court’s November 17,
2005, order, on remand we ‘‘need only
address the matters on which the court’s
August 30, 2005, Order * * * found the
January 3, 2003, Withdrawal unlawful,
which may summarily be identified as
whether the lizard’s lost historical
habitat renders the species in danger of
extinction in a significant portion of its
range.’’ To ensure our new final listing
decision is based on the best scientific
and commercial data currently
available, we are reopening the public
comment period on the 1993 proposed
E:\FR\FM\21APP1.SGM
21APP1
20638
Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules
listing rule to solicit information and
comment regarding the flat-tailed
horned lizard’s lost historical habitat.
DATES: We will accept comments from
all interested parties until May 8, 2006.
Comments received after the closing
date may not be considered in the final
decision on this action.
ADDRESSES: If you wish to comment on
the specific issue identified by the
District Court in its November 17, 2005,
order for remand of the January 3, 2003,
withdrawal of the proposed rule to list
the flat-tailed horned lizard, you may
submit your comments and materials by
any one of several methods:
1. You may submit written comments
and information to Jim Bartel, Field
Supervisor, U.S. Fish and Wildlife
Service, Carlsbad Fish and Wildlife
Office (CFWO), 6010 Hidden Valley
Road, Carlsbad, CA 92011.
2. You may hand-deliver written
comments to the CFWO, at the address
given above.
3. You may send comments by
electronic mail (e-mail) to
fw8CFWOcomments@fws.gov. Please see
Public Comments Solicited section
below for more information on
submitting a comment by e-mail.
4. You may fax your comments to
760/431–9624.
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours at the CFWO at the above address.
FOR FURTHER INFORMATION CONTACT: Jim
Bartel, Field Supervisor, at the CFWO
(see ADDRESSES section), by telephone at
760/431–9440, or by facsimile at 760/
431–9624.
SUPPLEMENTARY INFORMATION:
wwhite on PROD1PC61 with PROPOSALS
Public Comments Solicited
To assist us in making a final listing
determination based on the best
scientific and commercial data
available, we are reopening the public
comment period on the proposed rule
(58 FR 62624; November 29, 1993) to
list the flat-tailed horned lizard to
accept public comment on the specific
issue identified in the District Court’s
November 17, 2005, order, namely
whether the flat-tailed horned lizard’s
lost historical habitat renders the
species likely to become in danger of
extinction within the foreseeable future
throughout all or a significant portion of
its range.
Comments relevant to the identified
issue for consideration during the
remand of the January 3, 2003,
withdrawal of the proposed rule to list
the flat-tailed horned lizard that were
previously submitted during prior
comment periods on the proposed rule
VerDate Aug<31>2005
16:10 Apr 20, 2006
Jkt 208001
need not be resubmitted as they have
been incorporated into the public record
and will be fully considered in
preparation of the final determination.
Please submit Internet comments in
ASCII format and avoid the use of
special characters or any form of
encryption. Please also include ‘‘ATTN:
Flat-Tailed Horned Lizard’’ in your email subject header and your name and
return address in the body of your
message. If you do not receive a
confirmation from the system that we
have received your Internet message,
contact us directly by calling our CFWO
at phone number 760/431–9440. Please
note that this Internet address will be
closed at the termination of the public
comment period.
Our practice is to make comments,
including names and home addresses of
respondents, available for public review
during regular business hours.
Individual respondents may request that
we withhold their home addresses from
the rulemaking record, which we will
honor to the extent allowable by law.
There also may be circumstances in
which we would withhold from the
rulemaking record a respondent’s
identity, as allowable by law. If you
wish us to withhold your name and/or
address, you must state this
prominently at the beginning of your
comment, but you should be aware that
the Service may be required to disclose
your name and address pursuant to the
Freedom of Information Act. However,
we will not consider anonymous
comments. We will make all
submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
Previous Federal Actions
On November 29, 1993, we published
a proposed rule to list the flat-tailed
horned lizard as a threatened species
pursuant to the Act (58 FR 62624). On
July 15, 1997, we withdrew the 1993
proposed rule (62 FR 37852). Defenders
of Wildlife and other groups challenged
the 1997 withdrawal decision. On June
16, 1999, the District Court for the
Southern District of California granted
summary judgment in our favor
upholding our decision not to list the
flat-tailed horned lizard. However, on
July 31, 2001, the Ninth Circuit Court of
Appeals reversed the lower court’s
ruling and directed the District Court to
remand the matter back to us for further
consideration in accordance with the
legal standards outlined in its opinion
(Defenders of Wildlife v. Norton, 258
F.3d 1136). On October 24, 2001, the
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Fmt 4702
Sfmt 4702
District Court for the Southern District
of California remanded the 1997
withdrawal. Consistent with the District
Court’s remand order, we published a
reinstatement of the 1993 proposed
listing of the flat-tailed horned lizard as
threatened and opened a 120-day
comment period (66 FR 66384;
December 26, 2001). The District Court
further ordered us to commence a 12month schedule for a final listing
decision in compliance with the Ninth
Circuit Court’s order. As a result, we
published a withdrawal of the proposed
rule to list the flat-tailed horned lizard
on January 3, 2003 (68 FR 331). The
Tucson Herpetological Society, and
other environmental organizations and
individuals, challenged this withdrawal
decision in the United States District
Court for the District of Arizona.
On August 30, 2005, the District Court
for the District of Arizona issued an
order granting plaintiffs’ motion for
summary judgment ‘‘on the ground that
the Secretary’s withdrawal of the
proposed rule violated the Endangered
Species Act and the Ninth Circuit’s
remand order by failing to evaluate the
lizard’s lost habitat and whether that
habitat was a significant portion of the
range.’’ The Service’s failure to make
this specific determination was the only
violation cited by the District Court. The
court upheld all other aspects of the
January 3, 2003, withdrawal decision.
On November 17, 2005, the District
Court issued a subsequent order,
consistent with its August 30, 2005,
order, vacating the 2003 withdrawal and
remanding the matter to us for further
consideration. The District Court
reinstated the 1993 proposed rule to list
the flat-tailed horned lizard as a
threatened species for the duration of
the remand, and ordered us to make a
new listing decision by April 30, 2006,
stating that, ‘‘on remand the agency
need only address the matters on which
the court’s August 30, 2005, Order
* * * found the January 3, 2003,
Withdrawal unlawful, which may
summarily be identified as whether the
lizard’s lost historical habitat renders
the species in danger of extinction in a
significant portion of its range.’’ The
order indicates that, while the Court
believes this determination is required
by the Ninth Circuit’s opinion, ‘‘the
Secretary has wide discretion in
delineating a significant portion of the
lizard’s range,’’ including in defining
the ‘‘range’’ of the species (which the
Court states must include some lost
habitat) and in choosing the point in
time at which to examine the range. On
December 7, 2005, we published a
document (70 FR 72776) reinstating the
E:\FR\FM\21APP1.SGM
21APP1
20639
Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules
November 29, 1993, proposed rule to
list the flat-tailed horned lizard as a
threatened species. On March 2, 2006,
we published a document announcing
the reopening of a 14-day public
comment period on the proposed rule to
list the flat-tailed horned lizard under
the Act (71 FR 10631). To ensure the
public is provided with an adequate
opportunity to comment on the matters
identified by the Court, the parties filed
a Joint Stipulation with the Court on
March 28, 2006, to allow for an
additional public comment period. On
March 29, 2006, the Court granted our
request for an extension of the April 30,
2006, deadline, and ordered us to
submit the new final listing
determination for the flat-tailed horned
lizard to the Federal Register on or
before the date six weeks after the close
of this additional public comment
period. For the reasons outlined in this
document, we are now reopening the
comment period on the proposed rule
for an additional 16 days.
For your convenience, here is a list of
the primary Federal Register documents
pertaining to the proposed listing of the
flat-tailed horned lizard as threatened:
Action
Date
Proposed rule to list the flat-tailed horned lizard as threatened ............................................................
Withdrawal of proposed rule ...................................................................................................................
Reinstatement of proposed rule; reopening of comment period ............................................................
Withdrawal of proposed rule ...................................................................................................................
Reinstatement of proposed rule .............................................................................................................
Reopening of comment period ...............................................................................................................
November 29, 1993 ....
July 15, 1997 ..............
December 26, 2001 ....
January 3, 2003 ..........
December 7, 2005 ......
March 2, 2006 .............
Background
wwhite on PROD1PC61 with PROPOSALS
The flat-tailed horned lizard
(Phrynosoma mcallii) is a small,
cryptically colored, phrynosomatid
lizard that reaches a maximum adult
body length (excluding the tail) of
approximately 87 millimeters (3.4
inches). The lizard has a flattened body,
short tail, and dagger-like head spines
like other horned lizards. It is
distinguished from other horned lizards
in its range by a dark vertebral stripe,
two slender elongated occipital spines,
and the absence of external ear
openings. The dorsal surface of the flattailed horned lizard is pale gray to light
rusty brown. The ventral side is white
and unmarked, with the exception of a
prominent umbilical scar.
The flat-tailed horned lizard is
endemic (restricted) to the Sonoran
Desert in southern California, Arizona,
and northwestern Mexico. The species
is documented in the Coachella Valley
in Riverside County, California; the
Imperial and Borrego Valleys in
Imperial and eastern San Diego
Counties, California; south of the Gila
River and west of the Gila and Butler
Mountains in Yuma County, Arizona;
east of the Sierra de Juarez in the
Laguna Salada and Yuha Basins in
northeastern Baja California Norte,
Mexico; and north and west of Bahia de
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16:10 Apr 20, 2006
Jkt 208001
San Jorge to the delta of the Colorado
River in northwestern Sonora, Mexico
(Grismer 2002; Rodriguez 2002). The
flat-tailed horned lizard occurs at
elevations up to 800 meters (2,600 feet)
above sea level, but most populations
are below 300 meters (980 feet)
elevation. Various descriptions and
estimates of the historical and current
ranges of the flat-tailed horned lizard
are described in the November 29, 2003,
proposed rule (58 FR 62624); July 15,
1997, withdrawal of the 1993 proposed
rule (62 FR 37822); and January 3, 2003,
withdrawal of the 1993 proposed rule
(68 FR 331).
In 2003, the Flat-tailed Horned Lizard
Interagency Coordinating Committee
released a revised version of the 1997
Flat-tailed Horned Lizard Rangewide
Management Strategy (Flat-tailed
Horned Lizard Interagency Coordinating
Committee 2003). The 2003 Rangewide
Management Strategy includes a map of
the approximate historical and current
range boundaries of the flat-tailed
horned lizard. Using the geographic
information system shape files used to
develop the range map, we calculated
the area of the historical and current
ranges of the flat-tailed horned lizard in
the United States and Mexico. Based on
this information, we estimated the
historical range (United States and
PO 00000
Frm 00066
Fmt 4702
Sfmt 4702
FR citation
58
62
66
68
70
71
FR
FR
FR
FR
FR
FR
62624.
37852.
66384.
331.
72776.
10631.
Mexico) to be approximately 6,183,647
acres (2,502,433 hectares), which with
the exclusion of the historic Lake
Cahuilla would be reduced to
approximately 4,874,238 ac (1,972,534
ha), and the current range (United States
and Mexico) to be approximately
3,962,543 acres (1,603,884 hectares). A
copy of this report can be viewed on the
Carlsbad Fish and Wildlife Office’s Web
site at https://www.fws.gov/carlsbad/.
For additional background
information and previous Federal
actions related to the listing
determinations for the flat-tailed horned
lizard, please refer to the January 3,
2003, Federal Register notice (68 FR
331).
Author
The primary author of this notice is
the Carlsbad Fish and Wildlife Office
(see ADDRESSES section).
Authority: The authority for this action is
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
Dated: April 7, 2006.
Marshall Jones, Jr.,
Deputy Director, U.S. Fish and Wildlife
Service.
[FR Doc. E6–5895 Filed 4–20–06; 8:45 am]
BILLING CODE 4310–55–P
E:\FR\FM\21APP1.SGM
21APP1
Agencies
[Federal Register Volume 71, Number 77 (Friday, April 21, 2006)]
[Proposed Rules]
[Pages 20637-20639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5895]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU58
Endangered and Threatened Wildlife and Plants; Reinstated
Proposed Rule to List the Flat-Tailed Horned Lizard as Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period for the reinstated proposed rule
to list the flat-tailed horned lizard (Phrynosoma mcallii) as a
threatened species pursuant to the Endangered Species Act of 1973, as
amended (Act). On November 17, 2005, the U.S. District Court for the
District of Arizona vacated the January 3, 2003, withdrawal of the
proposed rule to list the flat-tailed horned lizard, remanded the
matter to us for further consideration in accordance with its August
30, 2005, and November 17, 2005, orders, and ordered us to make a new
listing decision.
Pursuant to the Court's November 17, 2005, order, on remand we
``need only address the matters on which the court's August 30, 2005,
Order * * * found the January 3, 2003, Withdrawal unlawful, which may
summarily be identified as whether the lizard's lost historical habitat
renders the species in danger of extinction in a significant portion of
its range.'' To ensure our new final listing decision is based on the
best scientific and commercial data currently available, we are
reopening the public comment period on the 1993 proposed
[[Page 20638]]
listing rule to solicit information and comment regarding the flat-
tailed horned lizard's lost historical habitat.
DATES: We will accept comments from all interested parties until May 8,
2006. Comments received after the closing date may not be considered in
the final decision on this action.
ADDRESSES: If you wish to comment on the specific issue identified by
the District Court in its November 17, 2005, order for remand of the
January 3, 2003, withdrawal of the proposed rule to list the flat-
tailed horned lizard, you may submit your comments and materials by any
one of several methods:
1. You may submit written comments and information to Jim Bartel,
Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and
Wildlife Office (CFWO), 6010 Hidden Valley Road, Carlsbad, CA 92011.
2. You may hand-deliver written comments to the CFWO, at the
address given above.
3. You may send comments by electronic mail (e-mail) to
fw8CFWOcomments@fws.gov. Please see Public Comments Solicited section
below for more information on submitting a comment by e-mail.
4. You may fax your comments to 760/431-9624.
Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the CFWO at
the above address.
FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, at the
CFWO (see ADDRESSES section), by telephone at 760/431-9440, or by
facsimile at 760/431-9624.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
To assist us in making a final listing determination based on the
best scientific and commercial data available, we are reopening the
public comment period on the proposed rule (58 FR 62624; November 29,
1993) to list the flat-tailed horned lizard to accept public comment on
the specific issue identified in the District Court's November 17,
2005, order, namely whether the flat-tailed horned lizard's lost
historical habitat renders the species likely to become in danger of
extinction within the foreseeable future throughout all or a
significant portion of its range.
Comments relevant to the identified issue for consideration during
the remand of the January 3, 2003, withdrawal of the proposed rule to
list the flat-tailed horned lizard that were previously submitted
during prior comment periods on the proposed rule need not be
resubmitted as they have been incorporated into the public record and
will be fully considered in preparation of the final determination.
Please submit Internet comments in ASCII format and avoid the use
of special characters or any form of encryption. Please also include
``ATTN: Flat-Tailed Horned Lizard'' in your e-mail subject header and
your name and return address in the body of your message. If you do not
receive a confirmation from the system that we have received your
Internet message, contact us directly by calling our CFWO at phone
number 760/431-9440. Please note that this Internet address will be
closed at the termination of the public comment period.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home addresses from the rulemaking record, which we will honor to
the extent allowable by law. There also may be circumstances in which
we would withhold from the rulemaking record a respondent's identity,
as allowable by law. If you wish us to withhold your name and/or
address, you must state this prominently at the beginning of your
comment, but you should be aware that the Service may be required to
disclose your name and address pursuant to the Freedom of Information
Act. However, we will not consider anonymous comments. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
Previous Federal Actions
On November 29, 1993, we published a proposed rule to list the
flat-tailed horned lizard as a threatened species pursuant to the Act
(58 FR 62624). On July 15, 1997, we withdrew the 1993 proposed rule (62
FR 37852). Defenders of Wildlife and other groups challenged the 1997
withdrawal decision. On June 16, 1999, the District Court for the
Southern District of California granted summary judgment in our favor
upholding our decision not to list the flat-tailed horned lizard.
However, on July 31, 2001, the Ninth Circuit Court of Appeals reversed
the lower court's ruling and directed the District Court to remand the
matter back to us for further consideration in accordance with the
legal standards outlined in its opinion (Defenders of Wildlife v.
Norton, 258 F.3d 1136). On October 24, 2001, the District Court for the
Southern District of California remanded the 1997 withdrawal.
Consistent with the District Court's remand order, we published a
reinstatement of the 1993 proposed listing of the flat-tailed horned
lizard as threatened and opened a 120-day comment period (66 FR 66384;
December 26, 2001). The District Court further ordered us to commence a
12-month schedule for a final listing decision in compliance with the
Ninth Circuit Court's order. As a result, we published a withdrawal of
the proposed rule to list the flat-tailed horned lizard on January 3,
2003 (68 FR 331). The Tucson Herpetological Society, and other
environmental organizations and individuals, challenged this withdrawal
decision in the United States District Court for the District of
Arizona.
On August 30, 2005, the District Court for the District of Arizona
issued an order granting plaintiffs' motion for summary judgment ``on
the ground that the Secretary's withdrawal of the proposed rule
violated the Endangered Species Act and the Ninth Circuit's remand
order by failing to evaluate the lizard's lost habitat and whether that
habitat was a significant portion of the range.'' The Service's failure
to make this specific determination was the only violation cited by the
District Court. The court upheld all other aspects of the January 3,
2003, withdrawal decision. On November 17, 2005, the District Court
issued a subsequent order, consistent with its August 30, 2005, order,
vacating the 2003 withdrawal and remanding the matter to us for further
consideration. The District Court reinstated the 1993 proposed rule to
list the flat-tailed horned lizard as a threatened species for the
duration of the remand, and ordered us to make a new listing decision
by April 30, 2006, stating that, ``on remand the agency need only
address the matters on which the court's August 30, 2005, Order * * *
found the January 3, 2003, Withdrawal unlawful, which may summarily be
identified as whether the lizard's lost historical habitat renders the
species in danger of extinction in a significant portion of its
range.'' The order indicates that, while the Court believes this
determination is required by the Ninth Circuit's opinion, ``the
Secretary has wide discretion in delineating a significant portion of
the lizard's range,'' including in defining the ``range'' of the
species (which the Court states must include some lost habitat) and in
choosing the point in time at which to examine the range. On December
7, 2005, we published a document (70 FR 72776) reinstating the
[[Page 20639]]
November 29, 1993, proposed rule to list the flat-tailed horned lizard
as a threatened species. On March 2, 2006, we published a document
announcing the reopening of a 14-day public comment period on the
proposed rule to list the flat-tailed horned lizard under the Act (71
FR 10631). To ensure the public is provided with an adequate
opportunity to comment on the matters identified by the Court, the
parties filed a Joint Stipulation with the Court on March 28, 2006, to
allow for an additional public comment period. On March 29, 2006, the
Court granted our request for an extension of the April 30, 2006,
deadline, and ordered us to submit the new final listing determination
for the flat-tailed horned lizard to the Federal Register on or before
the date six weeks after the close of this additional public comment
period. For the reasons outlined in this document, we are now reopening
the comment period on the proposed rule for an additional 16 days.
For your convenience, here is a list of the primary Federal
Register documents pertaining to the proposed listing of the flat-
tailed horned lizard as threatened:
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Action Date FR citation
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Proposed rule to list the flat-tailed November 29, 1993...................... 58 FR 62624.
horned lizard as threatened.
Withdrawal of proposed rule............ July 15, 1997.......................... 62 FR 37852.
Reinstatement of proposed rule; December 26, 2001...................... 66 FR 66384.
reopening of comment period.
Withdrawal of proposed rule............ January 3, 2003........................ 68 FR 331.
Reinstatement of proposed rule......... December 7, 2005....................... 70 FR 72776.
Reopening of comment period............ March 2, 2006.......................... 71 FR 10631.
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Background
The flat-tailed horned lizard (Phrynosoma mcallii) is a small,
cryptically colored, phrynosomatid lizard that reaches a maximum adult
body length (excluding the tail) of approximately 87 millimeters (3.4
inches). The lizard has a flattened body, short tail, and dagger-like
head spines like other horned lizards. It is distinguished from other
horned lizards in its range by a dark vertebral stripe, two slender
elongated occipital spines, and the absence of external ear openings.
The dorsal surface of the flat-tailed horned lizard is pale gray to
light rusty brown. The ventral side is white and unmarked, with the
exception of a prominent umbilical scar.
The flat-tailed horned lizard is endemic (restricted) to the
Sonoran Desert in southern California, Arizona, and northwestern
Mexico. The species is documented in the Coachella Valley in Riverside
County, California; the Imperial and Borrego Valleys in Imperial and
eastern San Diego Counties, California; south of the Gila River and
west of the Gila and Butler Mountains in Yuma County, Arizona; east of
the Sierra de Juarez in the Laguna Salada and Yuha Basins in
northeastern Baja California Norte, Mexico; and north and west of Bahia
de San Jorge to the delta of the Colorado River in northwestern Sonora,
Mexico (Grismer 2002; Rodriguez 2002). The flat-tailed horned lizard
occurs at elevations up to 800 meters (2,600 feet) above sea level, but
most populations are below 300 meters (980 feet) elevation. Various
descriptions and estimates of the historical and current ranges of the
flat-tailed horned lizard are described in the November 29, 2003,
proposed rule (58 FR 62624); July 15, 1997, withdrawal of the 1993
proposed rule (62 FR 37822); and January 3, 2003, withdrawal of the
1993 proposed rule (68 FR 331).
In 2003, the Flat-tailed Horned Lizard Interagency Coordinating
Committee released a revised version of the 1997 Flat-tailed Horned
Lizard Rangewide Management Strategy (Flat-tailed Horned Lizard
Interagency Coordinating Committee 2003). The 2003 Rangewide Management
Strategy includes a map of the approximate historical and current range
boundaries of the flat-tailed horned lizard. Using the geographic
information system shape files used to develop the range map, we
calculated the area of the historical and current ranges of the flat-
tailed horned lizard in the United States and Mexico. Based on this
information, we estimated the historical range (United States and
Mexico) to be approximately 6,183,647 acres (2,502,433 hectares), which
with the exclusion of the historic Lake Cahuilla would be reduced to
approximately 4,874,238 ac (1,972,534 ha), and the current range
(United States and Mexico) to be approximately 3,962,543 acres
(1,603,884 hectares). A copy of this report can be viewed on the
Carlsbad Fish and Wildlife Office's Web site at https://www.fws.gov/
carlsbad/.
For additional background information and previous Federal actions
related to the listing determinations for the flat-tailed horned
lizard, please refer to the January 3, 2003, Federal Register notice
(68 FR 331).
Author
The primary author of this notice is the Carlsbad Fish and Wildlife
Office (see ADDRESSES section).
Authority: The authority for this action is the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
Dated: April 7, 2006.
Marshall Jones, Jr.,
Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. E6-5895 Filed 4-20-06; 8:45 am]
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