Endangered and Threatened Wildlife and Plants, Notice of Reopening of Comment Period on Proposed Threatened Status for the Flat- tailed Horned Lizard

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN: 1018--AC10

Endangered and Threatened Wildlife and Plants, Notice of

Reopening of Comment Period on Proposed Threatened Status for the Flat-

tailed Horned Lizard

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed Rule, notice of reopening of comment period.

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SUMMARY: The Fish and Wildlife Service (Service), pursuant to the

Endangered Species Act of 1973, as amended (Act), provides notice of

reopening of the comment period on proposed endangered status for the

flat-tailed horned lizard (Phrynosoma mcalli). The comment period has

been reopened to acquire additional information from interested

parties.

DATES: The public comment period closes May 9, 1997. Any comments

received by the closing date will be considered in the final decision

on this proposal.

ADDRESSES: Written comments and materials concerning this proposal

should be sent directly to the Field Supervisor, Carlsbad Field Office,

2730 Loker Avenue West, Carlsbad California 92008. Comments and

materials received will be available for public inspection, by

appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Sandy Vissman at (619) 431-9440.

SUPPLEMENTARY INFORMATION:

Background

The flat-tailed horned lizard inhabits desert areas of southern

Riverside, eastern San Diego, and Imperial Counties in California;

southwestern Arizona; and adjacent regions of northwestern Sonora and

northeastern Baja California Norte, Mexico. Within the United States,

populations of the flat-tailed horned lizard are centered in portions

of the Coachella Valley, Ocotillo Wells, Anza Borrego Desert, West

Mesa, East Mesa and the Yuma Desert in California; and the area between

Yuma and the Gila Mountains in Arizona. The flat-tailed horned lizard

occurs on Federal, State, county, and privately owned lands.

This species may be threatened by one or more of the following:

commercial and residential development, agricultural development, off-

highway vehicle activity, energy developments, military activities, and

pesticide use.

On November 29, 1993, the Service published a rule proposing

threatened status for the flat-tailed horned lizard. The original

comment period closed on January 28, 1994. The Service was unable to

make a final listing determination on this species because of a limited

budget, other endangered species assignments driven by court orders,

and higher listing priorities. In addition, a moratorium on listing

actions (Public Law 104-6) that took effect April 10, 1995, stipulated

that no funds could be used to make final listing or critical habitat

determinations. Now that funding has been restored, the Service is

proceeding with a final determination for this species.

Due to the length of time that has elapsed since the close of the

initial comment period, changing procedural and biological

circumstances, and the need to review the best scientific information

available during the decision-making process, the comment period is

being reopened. Such changing circumstances include the recent (October

1996) draft Flat-tailed Horned lizard Rangewide Management Strategy,

which likely affect the threats facing the species.

The Service seeks information that has become available in the last

three years concerning:

(1) Biological, commercial, or other relevant data on any threat

(or lack thereof) to this species; and

(2) The size, number, or distribution of populations of this

species.

Written comments may be submitted until May 9, 1997 to the Carlsbad

Field Office, 2730 Loker Avenue West, Carlsbad, California 92008.

Author: The primary author of this notice is Sandy Vissman.

Authority

The authority for this action is the Endangered Species Act of 1973

(16 U.S.C. 1531 et seq.)

Dated: February 26, 1997.

Thomas J. Dwyer,

Acting Regional Director, Region 1.

[FR Doc. 97-5383 Filed 3-4-97; 8:45 am]

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