Frequently Asked Questions
about the Proposed Listing of the
Flat-Tailed Horned Lizard as Threatened
Q. What is the status of the flat-tailed horned lizard under the Endangered Species Act?
On November 29, 1993, we published a proposed rule to list the flat-tailed horned lizard as threatened, under the Endangered Species Act, as amended (Act). In 1997, several Federal and state agencies signed a Flat-Tailed Horned Lizard Conservation Agreement (Conservation Agreement), and agreed to implement a Rangewide Management Strategy (Management Strategy) for the species. Approximately 35 percent of habitat remaining in the United States is found within the areas defined in the Management Strategy. Signatories to the Conservation Agreement included the Service, Bureau of Land Management (BLM), Bureau of Reclamation, U.S. Marine Corps, U.S. Navy, Arizona Game and Fish Department, and the California Department of Parks and Recreation. These agencies committed to implementing conservation measures for the flat-tailed horned lizard.
The Service withdrew the proposed listing rule for the horned lizard on July 15, 1997, based on three primary factors: 1) population trend data did not conclusively demonstrate significant population declines; 2) some of the threats to the horned lizard’s habitat were less serious since the proposed rule was published; and 3) the Service believed the Flat-Tailed Horned Lizard Conservation Agreement and implementation of the Management Strategy would further reduce threats to the species.
Our decision to withdraw the proposed listing of the horned lizard was challenged by Defenders of Wildlife. The District Court for the Southern District of California ruled in our favor and the withdrawal was upheld. However, on July 31, 2001, the Ninth Circuit Court of Appeals vacated the earlier Court ruling and on September 23, 2001, the Court of Appeals ordered the District Court to establish a fixed deadline to reinstate the proposed status of the flat-tailed horned lizard as threatened and to make a final listing determination. On October 24, 2001, the District Court reinstated the flat-tailed horned lizard as proposed for listing under the Act and ordered the Service to make a final listing determination for this species within 14 months.
Q. Has the Management Strategy helped to protect the flat-tailed horned lizard and its habitat.?
Yes. The Management Strategy has provided for conservation of the flat-tailed horned lizard on the extensive public lands on which it occurs and facilitated continued evaluation of the status of the species. Five flat-tailed horned lizard management areas have been established on State and Federal lands and additional land has been acquired from willing sellers. The Management Strategy is an important tool in the conservation of the flat-tailed horned lizard on public lands. The Service believes that the Management Strategy has and will continue to benefit flat-tailed horned lizard populations by reducing threats to the species. We will further evaluate the effectiveness of the Management Strategy as we re-assess the status of the flat-tailed horned lizard.
Q. What measures have been implemented to protect flat-tailed horned lizard populations in Mexico?
The Mexican government has designated the flat-tailed horned lizard a threatened species. As such, the species is protected from collection, sale, and commerce, and its habitat is afforded special protection. About 29 percent of the species’ range occurs in Mexico.
Q. What factors does the Service use to determine if a species meets the definition of endangered or
threatened?
The term endangered, as defined under the Act, refers to any species which is likely to become extinct within the foreseeable future throughout all or a significant portion of its range, whereas threatened is defined as a species that is likely to become endangered within the foreseeable future throughout all or a significant portion of its range. The Service must determine if one or more of the five factors listed below have caused a species’ population to decline to the point where it meets the definition of endangered or threatened:
• The present or threatened destruction, modification, or curtailment of its habitat or range;
• Overutilization for commercial, recreational, scientific, or educational purposes;
• Disease or predation;
• Inadequacy of existing regulatory mechanisms; and
• Other natural or manmade factors affecting its continued existence.
Q. What protections apply to the flat-tailed horned lizard now that it is proposed for listing under the Act?
For species that are proposed for listing under the Act, Federal agencies must initiate a formal conference with the Service only if a proposed activity is likely to jeopardize the continued existence of the species. However, Federal agencies may request an informal conference with Service on any proposed action that may affect a species proposed for listing under the Act.
Informal conferences may involve informal discussions on ways to avoid or minimize adverse effects to proposed species. At the conclusion of an informal conference with the Service, we issue a conference report containing recommendations for reducing adverse effects to proposed species. These recommendations are advisory.
If an action is determined to likely jeopardize the continued existence of a species proposed for listing under the Act, the Federal agency that is undertaking, authorizing, funding, or permitting the action must formally conference with the Service. Formal conferences follow the same procedures as formal consultations. At the conclusion of a formal conference, we will issue a conference opinion. The conference opinion contains the Service’s opinion on whether or not the proposed action will likely jeopardize the continued existence of the species; a summary of information on which the opinion is based; and a detailed discussion of the effects of the action on the proposed species. If the final determination to list the species is made during the formal conference process, then the formal conference ends and formal consultation begins following a request from the action agency to initiate formal consultation.
Federal regulations require agencies to reinitiate consultation with the Service on previously reviewed actions if the species is listed after the initial consultation and if those actions may affect the species. This applies only if those agencies have retained some type of involvement or control over the action, or if such involvement is authorized by law.
Q. What happens when a species is listed as endangered or threatened under the Act?
Species listed under the Act benefit from various measures to protect them from further population declines, and to assist in recovering them to the point where protection under the Act is no longer necessary. Section 9 of the Act prohibits “taking” of endangered or threatened species. Take, as defined by the Act, includes activities that would harass, harm, kill, or wound a listed species. Harm is further defined to include habitat destruction that affects a species by disrupting normal breeding, feeding, or sheltering activities.
Under section 7 of the Act, Federal agencies must consult with the Service if an activity they undertake, fund, authorize, or permit may affect a listed species. Federal agencies are required to utilize their authorities to further the purposes of the Act by carrying programs to conserve species listed as threatened or endangered under the Act.
Section 10 (a)(1)(B) of the Act provides for incidental take of federally listed species by non-Federal entities, if such taking is incidental to an otherwise lawful activity. If private landowners want to undertake projects their land that will result in the take of a federally listed species, they must develop and implement a habitat conservation plan (HCP).
Q. Is critical habitat also being proposed for the flat-tailed horned lizard at this time?
No. Critical habitat was found to be not determinable in the 1993 proposed rule. If the flat-tailed horned lizard is listed under the Act, we will evaluate the prudency of designating critical habitat based on the best scientific and commercial data available. If the Service determines that designation of critical habitat is prudent, we will develop a proposal at such time as our budget and listing priorities permit.
Q. Why is the flat-tailed horned lizard important?
The flat-tailed horned lizard represents one of only seven horned lizard species found in the unique desert environments of in the United States, and as such, is a part of our natural heritage. The complex and delicate web of interrelationships among plants, animals, and their environments are still relatively unknown and the subject of much research. The disappearance of even one species in an ecosystem can lead to significant impacts to the continued health and functioning of the ecosystem. The more we know and understand our environment, the better equipped we will be in conserving our natural resources, including those whose importance is not always evident.
The recovery of the flat-tailed horned lizard will depend on the ability of the Service to work effectively with its partners to preserve and enhance currently occupied habitat and to implement a habitat restoration program. If these efforts are successful, this unique Sonoran desert resident will be enjoyed and studied by future generations.
Q. How are horned lizards different from “horned toads”?
Horned lizards, often known as “horned toads”, are well known residents of the California and Arizona deserts. Many people have fond memories of finding these docile lizards around their homes and gardens. Horned lizards have also been referred to as horned toads and even horned frogs, not because they are related to toads, but rather because their faces look a lot like that of toads and they have short, wide bodies.
Horned lizards are very different from frogs and toads however. Horned lizards are reptiles, toads and frogs are amphibians.
Q. How will the proposal affect regional HCPs that are being developed or will be developed in the future?
The proposed listing of the flat-tailed horned lizard as threatened should not impede ongoing habitat conservation planning efforts in southern California. We expect that the long-term conservation of the flat-tailed horned lizard will be addressed as new HCPs are developed. In the event that future HCPs covering the lizard are developed within the geographical range of the species, we will work closely with applicants to provide technical assistance in designing preserve areas that will benefit conservation of the flat-tailed horned lizard and appropriate management for those lands.
Q. How will proposed listing of the flat-tailed horned lizard affect recreation?
Off-highway vehicle (OHV) use is listed as one of the potential threats to the flat-tailed horned lizard. OHVs impact desert vegetation by physically damaging roots, stems, whole plants, and disturbing sand dune systems. Flat-tailed horned lizards could be killed directly by being run over, either above ground or in burrows. The Service will work with the Bureau of Land Management, and the California Department of Parks and Recreation to balance recreational opportunities for OHV users with conservation of the flat-tailed horned lizard.
Q. How will the reinstatement of the proposal to list the flat-tailed horned lizard as threatened affect
Tribes?
As a Federal agency, we have a unique legal relationship with Tribal governments, especially when undertaking actions that may affect Tribal rights or trust resources. As independent governments, Tribes exercise inherent sovereign powers over their members and territories. We understand that Federally recognized Tribes must be related to on a Government-to-Government basis as we continue to work with the Tribes on this and other environmental issues.
Q. How can I comment on the proposal?
Electronic copies of the 1993 proposed rule and the 1997 notice of withdrawal can be viewed on our website at http://carlsbad.fws.gov. Interested parties may also contact the Carlsbad, California or Phoenix, Arizona Fish and Wildlife Offices for additional information.
The Service must make a final listing determination for the flat-tailed horned lizard based upon best scientific and commercial data available. We are re-opening the comment period for 120 days to ensure all interested parties have adequate time to review information about the flat-tailed horned lizard and to provide the Service with substantive information and data concerning the current status, ecology, distribution, threats to, and management/conservation efforts for this species.
The Service wants to ensure that any final action resulting from the proposal will be as accurate and as effective as possible. We are actively soliciting comments or suggestions from the public, other government agencies, the scientific community, industry representatives, and any other interested party. In particular, we are seeking comments regarding:
♦ Threats to the species as a whole or to local populations;
♦ The size, number, and/or distribution of known populations;
♦ Sufficiency of current conservation/management and/or regulatory mechanisms for the flat-tailed horned lizard; and
♦ The conservation value of different populations across the range of the species.
Written comments, data, and information about the proposal to list the flat-tailed horned lizard as threatened received by 5:00 p.m. on April 25, 2002, will be considered in any final determination. All comments and materials should be sent to Field Supervisor, Carlsbad Fish and Wildlife Office, 2730 Loker Avenue West, Carlsbad, California 92008. Comments may also be submitted by electronic mail to fthl@r1.fws.gov. Please submit electronic comments in ASCII file format and avoid the use of special characters and encryption. Please include your name and return address in the e-mail message. If you do not receive a confirmation from the system that your e-mail message was received, contact the Service directly by calling the Carlsbad Fish and Wildlife Office at 760/431-9440. For information about the flat-tailed horned lizard in Arizona, please contact the Phoenix Fish and Wildlife Office, 2321 W. Royal Palm Road, Suite 103, Phoenix, Arizona 85021 or call 602/242-0210
All comments and materials received will be available for public inspection, by appointment, during normal business hours, at the Carlsbad Fish and Wildlife Office.
Prepared by: U.S. Fish and Wildlife Service
December 26, 2001