Center for Biological Diversity
BECAUSE LIFE IS GOOD

Protecting endangered species and wild places through
science, policy, education, and environmental law.

CENTER FOR BIOLOGICAL DIVERSITY Tucson AZ
HORNED LIZARD CONSERVATION SOCIETY Austin TX
TUCSON HERPETOLOGICAL SOCIETY Tucson AZ
DEFENDERS OF WILDLIFE Sacramento CA / Washington DC
SIERRA CLUB San Diego CA / Washington DC

LAWSUIT CHALLENGES ILLEGAL DENIAL OF E.S.A. LISTING
BUSH ADMINISTRATION FAILS TO PROTECT FLAT-TAILED HORNED LIZARD & HABITAT


NEWS RELEASE: for immediate release Thursday, October 30, 2003

Contact:
Daniel R. Patterson, Desert Ecologist, CBD 520.623.5252 x 306 or 520.906.2159
Bill Snape, Attorney, DoW 202.682.9400 x 118
Dr. Wendy Hodges, President, HLCS 909.787.4754
Taylor Edwards, President, THS 520.240.9280
Elden Hughes, Sierra Club 562.941.5306

TUCSON -- Conservation groups and scientists filed a lawsuit today against the Bush administration and Interior Secretary Gale A. Norton for their illegal January 3 denial of Endangered Species Act (ESA) protection for the Flat-tailed Horned Lizard (Phrynosoma mcallii), an attractive Sonoran desert native that looks like a mini-dinosaur.

“Bush and Norton’s unjustified and illegal denial of protection for the Flat-tailed Horned Lizard must be reversed.” said Daniel R. Patterson, Desert Ecologist with the Center for Biological Diversity. “Without ESA listing and critical habitat designation, imperiled species get only bureaucratic lip-service as they slide to extinction.”

The Flat-tailed Horned Lizard inhabits portions of the Sonoran Desert in southern California (Riverside, Imperial and San Diego counties), Arizona (Yuma county), and northwestern Mexico (Sonora, Baja Calif. N).

“Once again, this Interior Department refuses to follow the law and protect wildlife, even in the face of a federal court appellate decision rejecting the current rationale not to list. The Bush administration must be held accountable to avoid the loss of this lizard species and the continued degradation of California's last wild places.” said Cynthia Wilkerson, California Species Associate with Defenders of Wildlife.

The main cause for the decline of the Flat-tailed Horned Lizard is conversion of habitat to urban sprawl and agriculture. Threats include crops, cities, off-road vehicles, geothermal leases, border patrol activities, gravel pits and highways. Flat-tailed Horned Lizards feed primarily on native harvester ants. Pesticide drift likely affects ant populations on habitat near agricultural areas.

“We know of only one remaining population of Flat-tailed Horned Lizards left in the Coachella Valley. That’s an undeniable indicator of decline for an animal that was once found from the vicinity of Snow Creek and throughout the sandy areas of the Valley.” said University of California biologist Dr. Al Muth. “Its ludicrous that the U.S. Fish and Wildlife Service dismissed this population as insignificant, and it smells more of politics than biology.”

A pending Interior decision to open 50,000 protected acres of the Algodones Dunes to intensive off-road vehicle use is an example of the deadly management Norton is pursuing for the lizard and its habitat.

As the common name suggests, the species is recognized by its broad, flattened tail but also has long, sharp horns on its head, two rows of fringe scales along its abdomen, a dark stripe along its backbone, and concealed external ear openings. Adults of this species range in size between 2.5 and 4.3 inches long, excluding the tail.

“Despite a multi-party voluntary conservation agreement signed in 1997, Flat-tailed Horned Lizards continue to lose valuable habitat and populations are still declining.” said Taylor Edwards, President of the Tucson Herpetological Society. “A significant threat to the Flat-tailed Horned Lizard is the Yuma Area Service Highway that threatens to divide the last remaining habitat stronghold for this species in Arizona.” He adds, “We’re concerned with the associated urban sprawl that would accompany the highway if it is built, increasing the loss and fragmentation of important Flat-tailed Horned Lizard habitat.”

A proposed rule to list the species as threatened was published in the Federal Register on November 29, 1993. On July 15, 1997, the US Fish and Wildlife Service withdrew its proposal to list the Flat-tailed Horned Lizard as threatened.

The decision to withdraw the proposed listing was challenged in court by conservation groups. On October 24, 2001, the District Court ordered the Service to reinstate the 1993 proposed rule to list the lizard as threatened and to make a new final listing determination for the species. Early this year the Service again withdrew that rule, denying legal protection for the lizard. Norton claims that an un-implemented and unenforceable voluntary conservation agreement will protect the species. The lizard and its habitat continue to decline.

“The voluntary conservation plan developed by government agencies is a sham, scam and shame. It exists to protect agencies’ butts, not the Flat-tailed Horned Lizard.” saidElden Hughes, Chair, Sierra Club Desert Committee.

Species information: http://www.cvmshcp.org/sp_22.htm

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