Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Proposed Rules 8137 

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 tree vole .......... Kessina Lee, State Supervisor, Oregon Fish and Wildlife Office, 971–442–0560, kessina_lee@

fws.gov. 

Plateau spot-tailed earless lizard ....................... Karen Myers, Field Supervisor, Austin Ecological Services Field Office, 512–937–7371, karen_

myers@fws.gov. 

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-ofcontact 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 


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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 speciesspecific 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 notwarranted finding and submit a new 12- 

month finding to the Office of the 

Federal Register by January 31, 2024. In 


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accordance with the settlement 

agreement, on October 19, 2022, we 

withdrew our 2019 12-month notwarranted 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 


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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 spottailed 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-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 spottailed 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 spottailed 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, grassdominated 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 spottailed 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 redimported fire ants does not pose a 

significant threat to the Plateau spottailed 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 


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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 


ddrumheller on DSK120RN23PROD with PROPOSALS1