[Federal Register Volume 90, Number 134 (Wednesday, July 16, 2025)]
[Proposed Rules]
[Pages 31951-31953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11539]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2023-0033; FXES1113090FEDR-256-FF09E22000]
RIN 1018-BH98
Endangered and Threatened Wildlife and Plants; Endangered Species
Status for the Blue Tree Monitor
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period and announcement of
public hearing.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
reopening the comment period on our December 26, 2024, proposed rule to
list the blue tree monitor (Varanus macraei), a lizard species from
Indonesia, as an endangered species under the Endangered Species Act of
1973, as amended (Act). We are taking this action to allow interested
parties an additional opportunity to comment on the proposed rule and
to conduct a public hearing. Comments previously submitted need not be
resubmitted and will be fully considered in preparation of the final
rule.
DATES: Comment submission: The public comment period on the proposed
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rule that published on December 26, 2024, at 89 FR 104952 is reopened.
We will accept comments received on or before August 15, 2025. Comments
submitted electronically using the Federal eRulemaking Portal (see
ADDRESSES, below) must be received by 11:59 p.m. Eastern Time on the
closing date, and comments submitted by U.S. mail must be received by
that date to ensure consideration.
Public hearing: On July 31, 2025, we will hold a public hearing on
the proposed rule to list the blue tree monitor as an endangered
species under the Act from 12 to 2 p.m. Eastern Time, using the Zoom
platform (for more information, see Public Hearing, below).
ADDRESSES: Comment submission: You may submit comments by one of the
following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2023-0033,
which is the docket number for the proposed rule. Then, click on the
Search button. On the resulting page, in the Search panel on the left
side of the screen, under the Document Type heading, check the Proposed
Rule box to locate this document. You may submit a comment by clicking
on ``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-HQ-ES-2023-0033, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Document availability: The December 26, 2024, proposed rule and its
supporting documents, including the species status assessment report,
are available at https://www.regulations.gov under Docket No. FWS-HQ-
ES-2023-0033.
Public hearing: Interested parties may present verbal testimony
(formal, oral comments) at a public hearing, which will be held
virtually using the Zoom platform. See Public Hearing, below, for more
information.
FOR FURTHER INFORMATION CONTACT: Rachel London, Manager, Branch of
Delisting and Foreign Species, Ecological Services Program, U.S. Fish
and Wildlife Service; telephone 703-358-2171; [email protected].
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. Please see Docket No. FWS-HQ-ES-2023-0033 on https://www.regulations.gov for a document that summarizes the December 26,
2024, proposed rule.
SUPPLEMENTARY INFORMATION:
Information Requested
We intend that any final action resulting from our December 26,
2024, proposed rule (89 FR 104952) will be based on the best scientific
and commercial data available and be as accurate and as effective as
possible. Therefore, we request comments or information from other
governmental agencies, Native American Tribes, the scientific
community, industry, or any other interested parties concerning our
proposed rule. In addition to the information requested in our proposed
rule, we also seek comments concerning:
(1) Verifiable information demonstrating successful breeding of
blue tree monitors in captivity, particularly evidence of legal
acquisition of breeding stock and production of a second filial (F2)
generation, or subsequent generation.
(2) New information that leads us to conclude the blue tree monitor
is threatened instead of endangered and information to assist us with
applying or issuing protective regulations under section 4(d) of the
Act (a ``4(d) rule'') that may be necessary and advisable to provide
for the conservation of the blue tree monitor. In particular, we seek
information concerning:
(a) The extent to which we should include any of the Act's section
9(a)(1) prohibitions in the 4(d) rule (including import, export, take,
activities with unlawfully taken specimens, and activities in
interstate or foreign commerce);
(b) Whether we should consider any modifications or additional
exceptions from the prohibitions in the 4(d) rule (for example, an
exception for interstate commerce of live blue tree monitors bred in
captivity in the United States in accordance with the requirements of
the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES); or an exception for interstate commerce of
live blue tree monitors from one public institution to another public
institution);
and
(c) Additional information describing the adequacy or inadequacy of
protections afforded to the blue tree monitor via CITES trade
regulations, regulations of the range country, or any other relevant
regulations.
Please include sufficient information with your submission (such as
scientific journal articles or other publications; evidence of legal
acquisition of breeding stock and specimens successfully bred-in-
captivity; copies of relevant laws, regulations, or permits) to allow
us to verify any scientific or commercial information you include.
Please note that submissions merely stating support for, or
opposition to, the action under consideration without providing
supporting information, although noted, do not provide substantial
information necessary to support a determination. Section 4(b)(1)(A) of
the Act (16 U.S.C. 1533(b)(1)(A)) directs that determinations as to
whether any species is an endangered or a threatened species must be
made solely on the basis of the best scientific and commercial data
available. Comments or information already submitted on the proposed
rule (89 FR 104952, December 26, 2024) need not be resubmitted. Any
such comments are already incorporated as part of the public record of
the rulemaking proceeding, and we will fully consider them as part of
the action.
You may submit your comments and materials concerning the December
26, 2024, proposed rule by one of the methods listed in ADDRESSES. We
request that you send comments only by the methods described in
ADDRESSES.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing the December 26, 2024, proposed
rule, will be available for public inspection on https://www.regulations.gov.
Our final determination may differ from the December 26, 2024,
proposal because we will consider all comments we receive during the
comment period as well as any information that may become available
after the proposal. Based on the new information we receive (and, if
relevant, any comments
[[Page 31953]]
on that new information), we may conclude that the species is
threatened instead of endangered, or we may conclude that the species
does not warrant listing as either an endangered species or a
threatened species. In our final rule, we will clearly explain our
rationale and the basis for our final decision, including why we made
changes, if any, that differ from the December 26, 2024, proposal.
Background
On December 26, 2024, we published a proposed rule (89 FR 104952)
to list the blue tree monitor as an endangered species under the Act
(16 U.S.C. 1531 et seq.). The proposed rule opened a 60-day public
comment period, ending February 24, 2025. During the open comment
period, we received a request for a public hearing on the proposed
rule. Therefore, we are reopening the comment period on the proposal
and announcing a public hearing (see DATES, above) to allow the public
an additional opportunity to provide comments on the proposed rule to
list the blue tree monitor.
For a description of previous Federal actions concerning the blue
tree monitor and more information on the types of comments that would
be helpful to us in promulgating this rulemaking action, please refer
to the December 26, 2024, proposed rule (89 FR 104952).
Public Hearing
We are holding a public hearing to accept comments on our December
26, 2024, proposed rule (89 FR 104952) on the date and at the time
listed above in DATES. We are holding the public hearing via the Zoom
online video platform and via teleconference so that participants can
attend remotely. For security purposes, registration is required. All
participants must register in order to listen and view the hearing via
Zoom, listen to the hearing by telephone, or provide oral public
comments at the hearing by Zoom or telephone. For information on how to
register, or if technical problems occur joining Zoom on the day of the
hearing, visit https://www.fws.gov/event/virtual-public-hearing-proposed-listing-blue-tree-monitor.
Registrants will receive the Zoom link and the telephone number for
the public hearing. If applicable, interested members of the public not
familiar with the Zoom platform should view the Zoom video tutorials
(https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials) prior to the public hearing.
The public hearing will provide interested parties an opportunity
to present verbal testimony (formal, oral comments) regarding the
December 26, 2024, proposed rule to list the blue tree monitor as an
endangered species (89 FR 104952). The public hearing will not be an
opportunity for dialogue with the Service but rather a forum for
accepting formal verbal testimony. In the event there is a large
attendance, the time allotted for oral statements may be limited.
Therefore, anyone wishing to make an oral statement at the public
hearing for the record is encouraged to provide a prepared written copy
of their statement to us through the Federal eRulemaking Portal or U.S.
mail (see ADDRESSES, above). There are no limits on the length of
written comments submitted to us. Anyone wishing to make an oral
statement at the public hearing must register before the hearing
(https://www.fws.gov/event/virtual-public-hearing-proposed-listing-blue-tree-monitor). The use of a virtual public hearing is consistent
with our regulations at 50 CFR 424.16(c)(3).
Reasonable Accommodation
The Service is committed to providing access to the public hearing
for all participants. Closed captioning will be available during the
public hearing. Further, a full audio and video recording and
transcript of the public hearing will be posted online at https://www.fws.gov/event/virtual-public-hearing-proposed-listing-blue-tree-monitor after the hearing. Participants will also have access to live
audio during the public hearing via their telephone or computer
speakers. Persons with disabilities requiring reasonable accommodations
to participate in the hearing should contact the person listed under
FOR FURTHER INFORMATION CONTACT at least 5 business days prior to the
date of the hearing to help ensure availability. See https://www.fws.gov/event/virtual-public-hearing-proposed-listing-blue-tree-monitor for more information about reasonable accommodation.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Signing Authority
Paul Souza, Regional Director, Region 8, Exercising the Delegated
Authority of the Director of the U.S. Fish and Wildlife Service,
approved this action on June 13, 2025, for publication. On June 18,
2025, Paul Souza authorized the undersigned to sign the document
electronically and submit it to the Office of the Federal Register for
publication as an official document of the U.S. Fish and Wildlife
Service.
Madonna Baucum,
Regulations and Policy Chief, Division of Policy, Economics, Risk
Management, and Analytics of the Joint Administrative Operations, U.S.
Fish and Wildlife Service.
[FR Doc. 2025-11539 Filed 7-15-25; 8:45 am]
BILLING CODE 4333-15-P