[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Proposed Rules]
[Pages 8137-8141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02287]



[[Page 8137]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FF09E21000 FXES1111090FEDR245]


Endangered and Threatened Wildlife and Plants; Two Species Not 
Warranted for Listing as Endangered or Threatened Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notification of findings.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
findings that two species are not warranted for listing as endangered 
or threatened species under the Endangered Species Act of 1973, as 
amended (Act). After a thorough review of the best available scientific 
and commercial information, we find that it is not warranted at this 
time to list the north Oregon coast distinct population segment (DPS) 
of the red tree vole (Arborimus longicaudus) and Plateau spot-tailed 
earless lizard (Holbrookia lacerata). However, we ask the public to 
submit to us at any time any new information relevant to the status of 
either of the species mentioned above or their habitats.

DATES: The findings in this document were made on February 6, 2024.

ADDRESSES: Detailed descriptions of the bases for these findings are 
available on the internet at https://www.regulations.gov under the 
following docket numbers:

------------------------------------------------------------------------
                   Species                            Docket No.
------------------------------------------------------------------------
North Oregon coast DPS of red tree vole.....         FWS-R1-ES-2023-0259
Plateau spot-tailed earless lizard..........         FWS-R2-ES-2023-0260
------------------------------------------------------------------------

    Those descriptions are also available by contacting the appropriate 
person as specified under FOR FURTHER INFORMATION CONTACT. Please 
submit any new information, materials, comments, or questions 
concerning this finding to the appropriate person, as specified under 
FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: 

------------------------------------------------------------------------
           Species                        Contact information
------------------------------------------------------------------------
North Oregon coast DPS of red  Kessina Lee, State Supervisor, Oregon
 tree vole.                     Fish and Wildlife Office, 971-442-0560,
                                <a href="/cdn-cgi/l/email-protection#147f7167677d7a754b787171547263673a737b62"><span class="__cf_email__" data-cfemail="96fdf3e5e5fff8f7c9faf3f3d6f0e1e5b8f1f9e0">[email protected]</span></a>.
Plateau spot-tailed earless    Karen Myers, Field Supervisor, Austin
 lizard.                        Ecological Services Field Office, 512-
                                937-7371, <a href="/cdn-cgi/l/email-protection#22494350474c7d4f5b475051624455510c454d54"><span class="__cf_email__" data-cfemail="bad1dbc8dfd4e5d7c3dfc8c9fadccdc994ddd5cc">[email protected]</span></a>.
------------------------------------------------------------------------

    Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION: 

Background

    Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), we 
are required to make a finding on whether or not a petitioned action is 
warranted within 12 months after receiving any petition that we have 
determined contains substantial scientific or commercial information 
indicating that the petitioned action may be warranted (``12-month 
finding''). We must make a finding that the petitioned action is: (1) 
Not warranted; (2) warranted; or (3) warranted, but precluded by other 
listing activity. We must publish a notification of these 12-month 
findings in the Federal Register.

Summary of Information Pertaining to the Five Factors

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations at part 424 of title 50 of the Code of Federal Regulations 
(50 CFR part 424) set forth procedures for adding species to, removing 
species from, or reclassifying species on the Lists of Endangered and 
Threatened Wildlife and Plants (Lists). The Act defines ``species'' as 
including any subspecies of fish or wildlife or plants, and any 
distinct population segment of any species of vertebrate fish or 
wildlife which interbreeds when mature. The Act defines ``endangered 
species'' as any species that is in danger of extinction throughout all 
or a significant portion of its range (16 U.S.C. 1532(6)), and 
``threatened species'' as any species that is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range (16 U.S.C. 1532(20)). Under section 
4(a)(1) of the Act, a species may be determined to be an endangered 
species or a threatened species because of any of the following five 
factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    These factors represent broad categories of natural or human-caused 
actions or conditions that could have an effect on a species' continued 
existence. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects.
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to or are reasonably likely to negatively 
affect individuals of a species. The term ``threat'' includes actions 
or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals through alteration 
of their habitat or required resources (stressors). The term ``threat'' 
may encompass--either together or separately--the source of the action 
or condition or the action or condition itself. However, the mere 
identification of any threat(s) does not necessarily mean that the 
species meets the statutory definition of an ``endangered species'' or 
a ``threatened species.'' In determining whether a species meets either 
definition, we must evaluate all identified threats by

[[Page 8138]]

considering the expected response by the species, and the effects of 
the threats--in light of those actions and conditions that will 
ameliorate the threats--on an individual, population, and species 
level. We evaluate each threat and its expected effects on the species, 
then analyze the cumulative effect of all of the threats on the species 
as a whole. We also consider the cumulative effect of the threats in 
light of those actions and conditions that will have positive effects 
on the species, such as any existing regulatory mechanisms or 
conservation efforts. The Secretary of the Interior determines whether 
the species meets the Act's definition of an ``endangered species'' or 
a ``threatened species'' only after conducting this cumulative analysis 
and describing the expected effect on the species now and in the 
foreseeable future.
    The Act does not define the term ``foreseeable future,'' which 
appears in the statutory definition of ``threatened species.'' Our 
implementing regulations at 50 CFR 424.11(d) set forth a framework for 
evaluating the foreseeable future on a case-by-case basis. The term 
``foreseeable future'' extends only so far into the future as the 
Service can reasonably determine that both the future threats and the 
species' responses to those threats are likely. In other words, the 
foreseeable future is the period of time in which we can make reliable 
predictions. ``Reliable'' does not mean ``certain''; it means 
sufficient to provide a reasonable degree of confidence in the 
prediction. Thus, a prediction is reliable if it is reasonable to 
depend on it when making decisions.
    It is not always possible or necessary to define foreseeable future 
as a particular number of years. Analysis of the foreseeable future 
uses the best scientific and commercial data available and should 
consider the timeframes applicable to the relevant threats and to the 
species' likely responses to those threats in view of its life-history 
characteristics. Data that are typically relevant to assessing the 
species' biological response include species-specific factors such as 
lifespan, reproductive rates or productivity, certain behaviors, and 
other demographic factors.
    In conducting our evaluation of the five factors provided in 
section 4(a)(1) of the Act to determine whether the north Oregon coast 
DPS of red tree vole or Plateau spot-tailed earless lizard meet the 
Act's definition of ``endangered species'' or ``threatened species,'' 
we considered and thoroughly evaluated the best scientific and 
commercial information available regarding the past, present, and 
future stressors and threats. We reviewed the petitions, information 
available in our files, and other available published and unpublished 
information for all of these species. Our evaluation may include 
information from recognized experts; Federal, State, and Tribal 
governments; academic institutions; foreign governments; private 
entities; and other members of the public.
    In accordance with the regulations at 50 CFR 424.14(h)(2)(i), this 
document announces the not-warranted findings on petitions to list two 
species. We have also elected to include brief summaries of the 
analyses on which these findings are based. We provide the full 
analyses, including the reasons and data on which the findings are 
based, in the decisional file for each of the two actions included in 
this document. The following is a description of the documents 
containing these analyses:
    The species assessment forms for the north Oregon coast DPS of red 
tree vole and Plateau spot-tailed earless lizard contain more detailed 
biological information, a thorough analysis of the listing factors, a 
list of literature cited, and an explanation of why we determined that 
these species do not meet the Act's definition of an ``endangered 
species'' or a ``threatened species.'' To inform our status reviews, we 
completed species status assessment (SSA) reports for these two 
species. Each SSA report contains a thorough review of the taxonomy, 
life history, ecology, current status, and projected future status for 
each species. This supporting information can be found on the internet 
at https://www.regulations.gov under the appropriate docket number (see 
ADDRESSES, above). Our analyses for these decisions applied our current 
regulations, portions of which were last revised in 2019. Given that we 
proposed further revisions to these regulations on June 22, 2023 (88 FR 
40764), we have also analyzed whether the decisions would be different 
if we were to apply those proposed revisions. We concluded that the 
decisions would have been the same if we had applied the proposed 2023 
regulations. The analyses under both the regulations currently in 
effect and the regulations after incorporating the June 22, 2023, 
proposed revisions are included in our decision file for each action.

North Oregon Coast DPS of the Red Tree Vole

Previous Federal Actions

    On June 18, 2007, we received a petition from the Center for 
Biological Diversity, Oregon Chapter of the Sierra Club, Audubon 
Society of Portland, Cascadia Wildlands Project, and Oregon Wild to 
list the dusky tree vole (Arborimus longicaudus silvicola). 
Alternatively, if we found the dusky tree vole was not a valid 
subspecies, the petition requested that we list either the north Oregon 
coast population of the red tree vole as a DPS or the red tree vole (A. 
longicaudus) throughout all of its range as an endangered or threatened 
species under the Act (16 U.S.C. 1531 et seq.).
    On October 28, 2008, we published a 90-day finding in the Federal 
Register (73 FR 63919) concluding that the petition presented 
substantial information indicating that listing the north Oregon coast 
DPS of the red tree vole may be warranted, and we initiated a status 
review. During that review, we concluded that the dusky tree vole is 
not a valid subspecies.
    On October 13, 2011, we published a 12-month finding in the Federal 
Register (76 FR 63720) in which we stated that listing the north Oregon 
coast population of the red tree vole as a DPS was warranted primarily 
due to habitat loss. However, listing was precluded at that time by 
higher priority actions, and the DPS of the red tree vole was added to 
our candidate species list.
    From 2012 through 2016, we addressed the status of the north Oregon 
coast DPS of the red tree vole annually in our candidate notice of 
review, with the determination that listing was warranted but precluded 
(see 77 FR 69994, November 21, 2012; 78 FR 70104, November 22, 2013; 79 
FR 72450, December 5, 2014; 80 FR 80584, December 24, 2015; 81 FR 
87246, December 2, 2016). Our 2019 candidate notice of review (84 FR 
54732, October 10, 2019) retained that determination and also stated 
that we were working on a thorough review of all available data for the 
DPS.
    On December 19, 2019, after completing a species status assessment, 
we published a 12-month finding in the Federal Register (84 FR 69707) 
determining that the north Oregon coast DPS of the red tree vole was 
not warranted for listing as an endangered or threatened species under 
the Act.
    The 2007 petitioners (except for the Oregon Chapter of the Sierra 
Club) filed a complaint in March 2021 challenging our December 19, 
2019, not-warranted finding. We reached a settlement agreement with the 
petitioners, which was approved by the court on May 23, 2022, to 
withdraw our 2019 not-warranted finding and submit a new 12-month 
finding to the Office of the Federal Register by January 31, 2024. In

[[Page 8139]]

accordance with the settlement agreement, on October 19, 2022, we 
withdrew our 2019 12-month not-warranted finding (87 FR 63472), 
effectively returning the DPS to our candidate list, and initiated a 
new species status assessment to inform a new 12-month finding. This 
document constitutes our new 12-month finding as to whether the north 
Oregon coast DPS of the red tree vole warrants listing as an endangered 
or threatened species under the Act. In addition, in a memorandum to 
the file (Service 2023a, entire), we explain differences between this 
and previous findings, and highlight new information that became 
available after our 2019 determination.

Summary of Finding

    The red tree vole is an arboreal mouse-sized rodent found in 
western Oregon south to northwestern California, with the north Oregon 
coast DPS of the red tree vole (hereinafter ``tree vole'') occurring in 
the northwestern quarter of the species' range. The DPS area is made up 
mostly (69 percent) of private lands including industrial timber 
forests; the remaining DPS area comprises Federal land managed 
primarily by the U.S. Forest Service and the U.S. Bureau of Land 
Management (17 percent), State land managed primarily as State forest 
(12 percent), and 1 percent or less each of land owned by counties or 
municipalities, Tribes, or nongovernmental organizations.
    Tree voles live and nest in the canopy of conifer forests and feed 
primarily on Douglas fir (Pseudotsuga menziesii) needles or, in one 
narrow region within the DPS, alternatively on Sitka spruce (Picea 
sitchensis) and western hemlock (Tsuga heterophylla) needles. They 
rarely come to the ground, where they are vulnerable to predation, 
except if needed on occasion to move between trees. The species' needs 
are met in conifer stands with (1) trees large enough to supply 
sufficient food, or with smaller trees connected to each other by 
adjoining branches; (2) available structures to support nests; (3) 
connected tree canopies to facilitate breeding and dispersal; and (4) 
sufficiently large populations with intervening forest matrix between 
them to provide connectivity. These features may be present in young 
forests but are more common in older (80 years or more), taller, 
structurally complex forests.
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the tree vole, and we evaluated all relevant factors under the five 
listing factors, including any regulatory mechanisms and conservation 
measures addressing these threats. The primary threats affecting the 
tree vole's biological status include habitat loss and fragmentation, 
timber harvest, and wildfire, Swiss needle cast disease, and vegetation 
shift as influenced by climate change. We used published tree vole 
habitat models to derive population areas based on habitat patches 
large enough to accommodate approximately 100 or more individuals, 
which resulted in 52 population areas within 17 geographic units that 
represent potential meta-populations.
    We modeled resiliency of population areas based on the estimated 
habitat capacity and effective population size ratio of each population 
area. We developed an overall resiliency rating for each geographic 
unit by combining population-area resiliency ratings with measures of 
connectivity, which we based on distance to neighboring populations 
both within and between geographic units. Currently, 12 of the 17 tree 
vole geographic units have moderate or high resiliency and are well-
distributed across the northern and southern regions of the DPS and 
across both vegetation zones found in the DPS, indicating adequate 
redundancy and representation. As such, we found that the tree vole is 
not currently at risk of extinction (i.e., endangered) throughout the 
DPS.
    Thus, we proceed with determining whether the species is likely to 
become endangered within the foreseeable future throughout all of its 
range (i.e., threatened). We assessed future resiliency out to 
approximately 2080 under two future scenarios, one representing a lower 
plausible future condition and one representing an upper plausible 
future condition. In modeling future resiliency, we considered 
population-area resiliency and connectivity as we did for the current 
condition, but we also considered the future effect of Swiss needle 
cast disease and potential vegetation shifts as influenced by climate 
change. We also assessed future redundancy by analyzing the risk of 
catastrophic fire, considering potential fire size based on the 
perimeter of the most catastrophic wildfires from the past 200 years, 
relative suitability for fire, and potential fire severity as 
determined by the land management type.
    Under the upper plausible future scenario, 12 of the 17 geographic 
units are projected to be highly resilient and are well distributed 
across the northern and southern regions of the DPS and in both 
vegetation zones, indicating adequate resiliency, redundancy, and 
representation. Under the lower plausible future scenario, more 
geographic units are projected to decline into low condition or become 
extirpated, but the DPS would still maintain multiple large and 
connected geographic units in moderate condition, spanning both the 
northern and southern regions of the DPS. Although under this scenario 
there would be a reduction in representation if the Sitka spruce 
vegetation zone were lost due to extreme vegetation shift caused by 
climate change, we expect that, because the largest of the units would 
remain in moderate condition, they would provide adequate resiliency 
and redundancy for the DPS. As such, we determined that the tree vole 
is not likely to become endangered within the foreseeable future 
throughout its range under either the upper or lower plausible future 
scenarios.
    We also evaluated whether the north Oregon coast DPS of red tree 
vole is endangered or threatened in a significant portion of its range. 
We did not find any portions of the north Oregon coast DPS of red tree 
vole's range for which both (1) the portion is significant; and (2) the 
species is in danger of extinction in that portion, either now or 
within the foreseeable future. Thus, after assessing the best available 
information, we conclude that the north Oregon coast DPS of red tree 
vole is not in danger of extinction in a significant portion of its 
range now, or within the foreseeable future.
    After assessing the best available information, we concluded that 
the tree vole is not in danger of extinction or likely to become in 
danger of extinction throughout all of its range or in any significant 
portion of its range. Therefore, we find that listing the tree vole as 
an endangered species or threatened species under the Act is not 
warranted. A detailed discussion of the basis for this finding can be 
found in the tree vole species assessment form and other supporting 
documents, which are available on https://www.regulations.gov under 
docket number FWS-R1-ES-2023-0259.

Peer Review

    In accordance with our July 1, 1994, peer review policy (59 FR 
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo 
on the Peer Review Process, we solicited independent scientific reviews 
of the information contained in the 2023 tree vole SSA report. The 
Service sent the SSA report to three independent peer reviewers and 
received two responses. We also received seven technical reviews on the

[[Page 8140]]

SSA report. Results of this structured peer review process can be found 
at https://www.regulations.gov under docket number FWS-R1-ES-2023-0259. 
We incorporated the results of these reviews, as appropriate, into the 
SSA report, which is the foundation for this finding.

Plateau Spot-Tailed Earless Lizard

Previous Federal Actions

    On January 13, 2010, we received a petition from WildEarth 
Guardians requesting that the Service list the spot-tailed earless 
lizard (Holbrookia lacerata) as a threatened or endangered species and 
designate critical habitat under the Act. In a July 19, 2010, letter to 
the petitioner, the Service acknowledged receipt of the petition. On 
May 24, 2011, the Service published a 90[hyphen]day finding on the 
spot-tailed earless lizard, stating that the petition presented 
substantial scientific information indicating that listing may be 
warranted (76 FR 30082). In 2019, the two subspecies known as H. l. 
lacerata and H. l. subcaudalis were formally described as full species, 
and the common name for the updated entity of H. lacerata became the 
Plateau spot-tailed earless lizard (used herein). The status of the 
entity now referred to as H. subcaudalis is being evaluated separately. 
This document constitutes our 12-month finding on the January 13, 2010, 
petition to list the Plateau spot-tailed earless lizard under the Act.

Summary of Finding

    The Plateau spot-tailed earless lizard is a small, ground-dwelling 
lizard found in central and western Texas, primarily within the Edwards 
Plateau region. The Colorado River forms the northern boundary, and the 
Balcones Escarpment serves as the southern boundary of the species' 
range. The Plateau spot-tailed earless lizard is found in habitats 
broadly defined as grasslands or historical grasslands (e.g., mesquite 
savannahs, prairies, flat stony plateaus, agricultural fields). In the 
part of the species' range that would otherwise succeed into shrublands 
or forests, the habitat is associated with frequent disturbance from 
herbivory and fire. In other parts of the species' range, soils and 
climate characteristics limit the development of shrublands and 
forests, maintaining a more open, grass-dominated vegetation community.
    Plateau spot-tailed earless lizards spend most of their time 
underground and are able to self-bury under loose soil or utilize 
existing animal burrows or soil fissures for shelter. They need minimal 
woody plant canopy cover, open areas with bare soil, and warm, sunny 
days so that they can bask and increase their internal body temperature 
before moving around on the surface. The Plateau spot-tailed earless 
lizard is believed to be a sit-and-wait predator and an ``opportunistic 
generalist'' in terms of diet, which includes a variety of arthropods 
(e.g., beetles, grasshoppers, and termites).
    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the Plateau spot-tailed earless lizard, and we evaluated all 
relevant factors under the five listing factors, including any 
regulatory mechanisms and conservation measures addressing these 
threats. The primary threats affecting the Plateau spot-tailed earless 
lizard's biological status include habitat loss and modification due to 
development, suppression of disturbance processes, grazing practices, 
and vehicle strikes. We also examined a number of other factors 
including climate change, energy development, red-imported fire ants, 
and pesticides, but these factors did not rise to such a level that 
they affected the species as a whole. The impact of red-imported fire 
ants, which was identified as a substantial threat in the petition, 
likely occurred primarily during the period of invasion in the 1930s or 
1940s, but the consequences of that invasion have played out and the 
presence of red-imported fire ants does not pose a significant threat 
to the Plateau spot-tailed earless lizard today.
    While there are several stressors to the species, the Plateau spot-
tailed earless lizard currently occupies an area roughly the size of 
its historical range. The Plateau spot-tailed earless lizard has 
multiple resilient populations in three of the six ecoregions it 
occupies in central and western Texas, which is an indication that the 
species has redundancy. Habitat loss and modification is the primary 
factor influencing the species rangewide; however, 13 population 
analysis units comprising 91 percent of the land within the range of 
the species are currently in moderate to high condition. While land 
management has changed over time, this land management has not resulted 
in substantial changes to habitat conditions across the species' range, 
and most population analysis units are highly resilient based on the 
current proportion of suitable habitat. Similarly, most population 
analysis units are highly resilient based on the current level of 
traffic intensity. The threats of habitat loss and modification and 
vehicle strikes appear to be impacting a small proportion of the 
species' range. Overall, the majority of population analysis units and 
a majority of the areas in the population analysis units are 
characterized by populations with the ability to withstand stochastic 
events (e.g., disturbance).
    The Plateau spot-tailed earless lizard has maintained 
representation similar to historical levels, thereby maintaining its 
ability to adapt to environmental change. The threats to date have not 
significantly affected the species' viability. The SSA report describes 
some of the uncertainties about potential threats and the species' 
response to these potential threats, but the best available information 
indicates the risk of extinction is low. Therefore, we conclude that 
the Plateau spot-tailed earless lizard is not in danger of extinction 
throughout all of its range and does not meet the definition of an 
endangered species.
    Thus, we proceed with determining whether the species is likely to 
become endangered within the foreseeable future throughout all of its 
range (i.e., threatened). The SSA report's analysis of future scenarios 
through 2050 encompasses the best available information for future 
projections of habitat suitability (i.e., tree and shrub encroachment) 
and traffic intensity (i.e., road mortality). We determined that this 
timeframe enabled us to consider the threats/stressors acting on the 
species and draw reliable predictions about the species' response in 
the 20 years following these factors (i.e., 10 generations, to the year 
2070) because it provides a reasonable timeframe to assess the effects 
of environmental changes. Based on our two plausible future scenarios, 
we projected that 7 to 10 population analysis units comprising 69 to 77 
percent of the area occupied by the species will have moderate to high 
resiliency in the future; thus, these populations will have the ability 
to withstand stochastic events. In both scenarios, the species is 
expected to maintain redundancy at the scale of its entire range and to 
maintain representation because it will continue to be distributed 
throughout most of its known historical range. Therefore, after 
assessing the best available information, we conclude that the Plateau 
spot-tailed earless lizard does not meet the definition of a threatened 
species because it is not likely to become endangered within the 
foreseeable future throughout all of its range.
    We also evaluated whether the Plateau spot-tailed earless lizard is 
endangered or threatened in a significant portion of its range. We did 
not find any portions of the Plateau spot-tailed earless lizard's range 
for

[[Page 8141]]

which both (1) the portion is significant, and (2) the species is in 
danger of extinction in that portion, either now or within the 
foreseeable future. Thus, after assessing the best available 
information, we conclude that the Plateau spot-tailed earless lizard is 
not in danger of extinction in a significant portion of its range now, 
or within the foreseeable future.
    After assessing the best available information, we concluded that 
the Plateau spot-tailed earless lizard is not in danger of extinction 
or likely to become in danger of extinction throughout all of its range 
or in any significant portion of its range. Therefore, we find that 
listing the Plateau spot-tailed earless lizard as an endangered species 
or threatened species under the Act is not warranted. A detailed 
discussion of the basis for this finding can be found in the Plateau 
spot-tailed earless lizard species assessment form and other supporting 
documents, which are available on https://www.regulations.gov under 
docket number FWS-R2-ES-2023-0260.

Peer Review

    In accordance with our July 1, 1994, peer review policy (59 FR 
34270; July 1, 1994) and the Service's August 22, 2016, Director's Memo 
on the Peer Review Process, we solicited independent scientific reviews 
of the information contained in the Plateau spot-tailed earless lizard 
SSA report. The Service sent the SSA report to three independent peer 
reviewers and received three responses. Results of this structured peer 
review process can be found at https://www.regulations.gov under docket 
number FWS-R2-ES-2023-0260. We incorporated the results of these 
reviews, as appropriate, into the SSA report, which is the foundation 
for this finding.

New Information

    We request that you submit any new information concerning the 
taxonomy of, biology of, ecology of, status of, or stressors to the 
north Oregon coast DPS of red tree vole or Plateau spot-tailed earless 
lizard to the appropriate person, as specified under FOR FURTHER 
INFORMATION CONTACT, whenever it becomes available. New information 
will help us monitor these species and make appropriate decisions about 
their conservation and status. We encourage local agencies and 
stakeholders to continue cooperative monitoring and conservation 
efforts.

References

    A complete list of the references used in these petition findings 
is available in the relevant species assessment form, which is 
available on the internet at https://www.regulations.gov in the 
appropriate docket (see ADDRESSES, above) and upon request from the 
appropriate person (see FOR FURTHER INFORMATION CONTACT, above).

Authors

    The primary authors of this document are the staff members of the 
Species Assessment Team, Ecological Services Program.

Authority

    The authority for this action is section 4 of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-02287 Filed 2-5-24; 8:45 am]
BILLING CODE 4333-15-P


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