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hearing is held, and during the public Safety Risks—This proposed rule is not earlier believed, and current available comment period. Issues raised by those subject to Executive Order 13045 data do not indicate that the threats to comments may be the basis for a because it is not economically the species and its habitat, as analyzed decision to deny approval to the State. significant and it is not based on health under the five listing factors described EPA will give notice of its final decision or safety risks. 8. Executive Order in section 4(a)(1) of the Act, are likely in the Federal Register; the notice will 13211: Actions that Significantly Affect to endanger the species in the include a summary of the reasons for Energy Supply, Distribution, or Use— foreseeable future throughout all or a the final determination and a response This proposed rule is not subject to significant portion of its range. to all significant comments. Executive Order 13211 because it is not ADDRESSES: Supporting documentation Statutory and Executive Order Reviews a significant regulatory action as defined for this rulemaking is available for in Executive Order 12866. 9. National public inspection, by appointment, This proposed rule will only approve Technology Transfer Advancement during normal business hours at the State underground storage tank Act—EPA approves State programs as U.S. Fish and Wildlife Service, Carlsbad requirements pursuant to RCRA section long as they meet criteria required by Fish and Wildlife Office, 6010 Hidden 9004 and imposes no requirements RCRA, so it would be inconsistent with Valley Road, Carlsbad, CA 92009. other than those imposed by State law applicable law for EPA, in its review of FOR FURTHER INFORMATION CONTACT: Jim (see SUPPLEMENTARY INFORMATION, a State program, to require the use of section A. Background). Therefore, this Bartel, Field Supervisor, at the above any particular voluntary consensus address (telephone, 760–431–9440, or proposed rule complies with applicable standard in place of another standard executive orders and statutory fax, 760–431–9618). that meets the requirements of RCRA. SUPPLEMENTARY INFORMATION: provisions as follows: Thus, section 12(d) of the National 1. Executive Order 12866: Regulatory Technology Transfer and Advance Act Background Planning Review—The Office of does not apply to this proposed rule. Management and Budget has exempted The flat-tailed horned lizard this proposed rule from its review under List of Subjects in 40 CFR Part 281 (Phrynosoma mcallii) is a small phrynosomatid lizard that reaches a Executive Order 12866. 2. Paperwork Environmental protection, Reduction Act—This proposed rule will maximum adult body length of 8.4 Administrative practice and procedures, centimeters (cm) (3.3 inches [in]) (Muth not impose an information collection Hazardous substances, burden under the Paperwork Reduction and Fisher 1992). The flat-tailed horned Intergovernmental relations, Reporting lizard has a dorso-ventrally flattened Act. 3. Regulatory Flexibility Act—After and recordkeeping requirements. considering the economic impacts of body; long, broad flattened tail; and today’s proposed rule on small entities Authority: This document is issued under dagger-like head spines common to under the Regulatory Flexibility Act, I the authority of section 9004 of the Resource horned lizards. The species is cryptic in certify that this proposed rule will not Conservation and Recovery Act as amended color, ranging from pale gray to light 42 U.S.C. 6991c. have a significant economic impact on rust brown dorsally, and white or cream a substantial number of small entities. 4. Dated: December 20, 2002. ventrally. It can be distinguished from Unfunded Mandates Reform Act— Donald S. Welsh, the only other horned lizard known to Because this proposed rule approves Regional Administrator, Region III. occur within its range, the desert horned pre-existing requirements under state [FR Doc. 03–34 Filed 1–2–03; 8:45 am] lizard (Phrynosoma platyrhinos), by its law and does not impose any additional BILLING CODE 6560–50–P dark vertebral stripe, two rows of enforceable duty beyond that required fringed scales on each side of the body, by state law, it does not contain any lack of external ear openings, and unfunded mandate or significantly or DEPARTMENT OF THE INTERIOR unmarked white ventral surface in most uniquely affect small governments, as individuals (Foreman 1997). Apparent described in the Unfunded Mandates Fish and Wildlife Service hybrids between the two species, Reform Act. 5. Executive Order 13132: exhibiting a mix of morphological Federalism—Executive Order 13132 50 CFR Part 17 characteristics, have been observed in does not apply to this proposed rule the vicinity of Ocotillo, California because it will not have federalism RIN 1018–AI51 (Stebbins 1985), and southeast of Yuma, implications (i.e., substantial direct Endangered and Threatened Wildlife Arizona (K. Young, Utah State effects on the States, on the relationship and Plants; Withdrawal of the University, pers. comm. 2002). The flat-tailed horned lizard is between the national government and Proposed Rule To List the Flat-tailed endemic (restricted) to the Sonoran the States, or on the distribution of Horned Lizard as Threatened power and responsibilities among the Desert in southern California, various levels of government). 6. AGENCY: Fish and Wildlife Service, southwestern Arizona, and adjoining Executive Order 13175: Consultation Interior. portions of Sonora and Baja California, and Coordination with Indian Tribal ACTION: Proposed rule; withdrawal. Mexico (Turner and Medica 1982). Governments—Executive Order 13175 Within California, the flat-tailed horned does not apply to this proposed rule SUMMARY: We, the Fish and Wildlife lizard ranges from the Coachella Valley, because it will not have tribal Service (Service), have determined that the northernmost extent of its range, implications (i.e., substantial direct the action of listing the flat-tailed south along both sides of the Salton Sea effects on one or more Indian tribes, on horned lizard (Phrynosoma mcallii) as and Imperial Valley. On the west side of the relationship between the Federal threatened, pursuant to the Endangered the Salton Sea and Imperial Valley, the Government and Indian tribes, or on the Species Act (Act) of 1973, as amended, species ranges into the Borrego Valley, distribution of power and is not warranted, and we consequently Ocotillo Wells area, West Mesa, and the responsibilities between the Federal withdraw our proposed rule. We have Yuha Desert (Yuha Basin). On the east Government and Indian tribes). 7. made this determination because threats side of Imperial Valley, the species Executive Order 13045: Protection of to the species as identified in the occurs in the vicinity of the Dos Palmas Children from Environmental Health & proposed rule are not as significant as Bureau of Land Management (BLM)

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Area of Critical Environmental Concern development around Yuma, and 1980; Muth and Fisher 1992; Foreman (ACEC), but predominantly occurs in ultimately by the Colorado River. 1997). Turner et al. (1980) stated the East Mesa and in areas adjoining the Hodges (1997) estimated that the flat- best habitats are generally low-relief Algodones Dunes (i.e., Imperial Sand tailed horned lizard historically (prior to areas with surface soils of fine packed Dunes, Glamis Sand Dunes). In Arizona, agricultural or urban development of sand or pavement, overlain with loose, the flat-tailed horned lizard is found in either the Coachella or Imperial Valleys) fine sand. Flat-tailed horned lizards are the Yuma Desert south of the Gila River occupied up to 979,037 hectares (ha) also known to occur at the edges of and west of the Gila and Butler (2,419,200 acres [ac]) in Arizona and vegetated sand dunes, on barren clay Mountains (Rorabaugh et al. 1987). The California. Approximately 51 percent soils, and sparse saltbush communities, flat-tailed horned lizard is patchily (503,173 ha [1,243,340 ac]) of this but Turner et al. (1980) suspected that distributed throughout its range, and historical habitat remains in the United these recorded occurrences were has been recorded at elevations as high States, with about 56,770 ha (140,300 actually individuals that had dispersed as 520 meters (m) (1,706 feet [ft]) above ac) in Arizona and 446,390 ha from more suitable habitats. Within a sea level, but is more commonly found (1,103,040 ac) in California (Hodges creosote plant community in West below 250 m (820 ft) in areas with flat- 1997). The Salton Sea area could Mesa, California, Muth and Fisher to-modest slopes (Turner et al. 1980). arguably be considered ephemeral (1992) found that flat-tailed horned The range of the flat-tailed horned historical habitat, present at some points lizards preferred sandy substrates with lizard extends into Mexico from the and absent at others, as the area changed white bursage and Emory dalea international border in the Yuha Desert through time. Hodges (1977) included (Psorothamnus emoryi), and avoided in California, south to Laguna Salada in the Salton Sea as historical habitat. If creosote and Tequilia plicata. In Baja California, and from the the area the Salton Sea currently Arizona, Rorabaugh et al. (1987) found international border in the Yuma Desert occupies is not considered historical flat-tailed horned lizard abundance in Arizona, south and east through the habitat, then approximately 57 percent correlated with big galleta grass (Hilaria Pinacate Region to the sandy plains (557,072 ha [1,376,525 ac]) of historical rigida) and sandy substrates, but around Puerto Penasco and Bahia de habitat remains in the United States. suggested that the presence of sandy San Jorge, Sonora (Johnson and Spicer Johnson and Spicer (1985) estimated substrates were more important than that in 1981 approximately 59 percent 1985, Gonzales-Romero and Alvarez- that of big galleta grass. of the species range occurred in Mexico, Cardenas 1989). Several researchers have investigated with the majority of the range in Mexico the relationship between density of The distribution of the flat-tailed occurring in the state of Sonora. perennial plants and flat-tailed horned horned lizard is not contiguous across However, the distribution of the species lizard abundance. The relationships its range, because of fragmentation by in Mexico is poorly understood because observed varied among studies (Altman large-scale agricultural and urban few surveys have been conducted to et al. 1980, Turner and Medica 1982, development, primarily in the Imperial determine where the species occurs in Beauchamp et al. 1998). Altman et al. Valley and the Coachella Valley. In Mexico (CEDO 2001). In Sonora, about (1980) and Turner and Medica (1982) addition, the Salton Sea, Colorado 14 percent of the habitat was estimated found the relative abundance of horned River, East Highline Canal, New to be threatened by urban, agricultural lizards was significantly and positively Coachella Canal, and All American or recreational use, and habitat correlated with perennial plant density Canal are barriers to movement of flat- degradation in 1981 (Johnson and in creosote-white bursage plant tailed horned lizards. Spicer 1985). In Baja California Norte, communities. However, Beauchamp et Due to this habitat fragmentation and considerable habitat loss has occurred al. (1998) found flat-tailed horned existing geographic barriers, the in the Mexicali Valley, where urban and lizards to be present in higher relative distribution of flat-tailed horned lizards agricultural development extends from densities in sparsely vegetated areas appears to be currently divided on a Mexicali to the Colorado River (Johnson with large patches of concretions, broad scale into at least four and Spicer 1985, Foreman 1997). gravel, and silt, than they were in sandy geographically discrete populations: The majority (about 60 percent) of the or densely vegetated areas. Altman et al. three in California and one in Arizona. species’ range in Mexico lies within two (1980) also reported finding flat-tailed The three populations in California are federally protected areas: (1) The Upper horned lizards in desert pavement areas. located in the Coachella Valley, the west Gulf of California and Colorado Delta Foley (2002) found little correlation in side of the Salton Sea/Imperial Valley, Biosphere Reserve, and (2) the Pinacate substrate texture and distribution of flat- and the east side of the Imperial Valley. and Gran Desierto de Altar Biosphere tailed horned lizards when using three The Coachella Valley population of Reserve (CEDO 2001). The National Park experimental treatments consisting of flat-tailed horned lizards was likely of Pinacate is an area administered by sandy, rocky and mixed substrates. much more extensive and connected to the Mexican government with use However, Grant and Wright (2002) other populations in California in the restrictions similar to those in a national found flat-tailed horned lizard past. Now it is isolated by extensive park in the United States. The Pinacate abundance was positively correlated agricultural development in the area is primarily a volcanic zone within with percentage of sand cover. southern half of the Coachella Valley which flat-tailed horned lizard habitat is Information concerning population and by the Salton Sea. The other two probably limited to the sandy dynamics of flat-tailed horned lizard populations of flat-tailed horned lizards, perimeters of Volcan Pinacate. The populations is limited and inconclusive. on the west side of the Salton Sea/ Upper Gulf of California Biosphere Since 1979, population trends were Imperial Valley and the east side of the Reserve includes flat-tailed horned monitored using a combination of scat Imperial Valley, are isolated from the lizard habitat in the vicinity of the counts and lizards observed along Coachella Valley population and each Colorado River Delta in Sonora, Mexico. transects (Wright 2002). Different other by agricultural and urban The flat-tailed horned lizard is most methods of transect selection, numbers development of the Imperial Valley and commonly found in sandy flats and and experience of observers, numbers of by the Salton Sea. The Arizona valleys in a creosote (Larrea repetitions, and lengths and shapes of population is isolated from populations tridentata)—white bursage (Ambrosia transects have been used from year to in California by agricultural and urban dumosa) plant association (Turner et al. year (Wright 2002).

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The relationship between scat counts 2001. Numerous factors may affect the 2002), and up to 9 years in captivity and lizard abundance is unclear, or detectability of animals within selected (Baur 1986). weak at best (Wright 2002). Wright sampling plots. These include physical Flat-tailed horned lizards can have (2002) states that while differences in structure and cover, weather, individual relatively large home ranges (Foreman scat abundance could indicate behavior, and survey methodology. 1997). Muth and Fisher (1992) found the differences in lizard abundance, the However, it is possible that differences mean home range for lizards (N = 22) observed decline in the rate at which in relative abundance found using was 2.7 ha (6.7 ac) from a minimum of scat is found could also be a result of uncorrected data may result from only 19 locations in West Mesa. In the Yuma an increase in Off-Highway Vehicle a difference in detectability of animals Desert of Arizona, Young and Young (OHV) activity resulting in crushed or between areas or within the same area (2000) found mean home ranges for buried scat, lower deposition rates, across time (Thompson et al. 1998). males differed between drought and wet greater wind eradication, different Uncorrected bias could seriously affect years, while those of females did not. observers, or additional factors. the validity and usefulness of data in The mean home range for males was 2.5 Furthermore, the use of scat counts does indicating abundance trends (Thompson ha (6.2 ac) during a dry year versus 10.3 not account for variations in lizard et al. 1998). ha (25.5 ac) during a wet year. Female activity, misidentification of scat from The BLM recently estimated the mean home ranges were smaller at 1.3 other species, scat production due to population size on the Yuha Basin ha (3.2 ac) and 1.9 ha (4.7 ac) in dry and fluctuating food resources, weather Management Area (MA) (one of five wet years, respectively (Young and conditions that affect scat production or management areas identified in a Young 2000). Young and Young (2000) longevity in the field, observer management strategy for the species) by noted a wide variation in movement differences, and small sample sizes using capture-mark-recapture (CMR) patterns, with a few home ranges (Muth and Fisher 1992, Rorabaugh techniques incorporating detection estimated at greater than 34.4 ha (85 ac). Flat-tailed horned lizards generally lie 1994). Consequently, scat abundance probabilities (see Thompson et al. 1998, close to the ground and remain may not be positively correlated with Williams et al. 2002). In the summer motionless when approached (Wone lizard abundance under varying (June to August) of 2002, the population 1995); however, but on occasion they conditions (Rorabaugh 1994, of flat-tailed horned lizards for the Yuha may bury themselves in loose sand if it Beauchamp et al. 1998). In addition, the Basin MA (24,122 ha [59,605 ac]) was is available (Norris 1949). More rarely use of a relative index, such as scat estimated at 18,494 adults (95 percent they may flee. Their propensity to counts, to indicate population trends is CI = 14,596 to 22,391) (Grant and Wright remain motionless and bury themselves not reliable due to uncorrected bias that 2002) and 8,685 juveniles (95 percent CI exists (discussed further below). in the sand, along with their cryptic = 6,860 to 10,510) (derived from Grant coloration and flattened body, make Relative index techniques assume that and Wright 2002). ‘‘Adults’’ included all any changes or differences in survey them very difficult to find in the field lizards greater than 60 millimeters (mm) (Foreman 1997). During the summer, a results are proportional to true changes (Young and Young 2000), while or differences in the populations of flat-tailed horned lizard may escape ‘‘juveniles’’ included all lizards 60 mm extreme surface temperatures either by interest (Thompson et al. 1998). Thus, or less in snout-to-vent length. due to the significant limitations of scat burying the main part of its body below Population estimates for the other four count data, we consider the use of scat the surface layer (Norris 1949) or by MAs using a CMR methodology will be count information useful primarily in retreating to a burrow (Rorabaugh 1994, conducted soon, for the first time (Gavin determining the distribution and Young and Young 2000). Wright, BLM biologist, pers. comm. presence of flat-tailed horned lizards. Adult flat-tailed horned lizards are Two measures of abundance trends 2002). reported to be obligatory hibernators (i.e., lizards detected per 10 hours, and Greater than 95 percent of the diet of (Mayhew 1965), although individuals lizards per transect) used between 1979 flat-tailed horned lizards consists of ants have been noted on the surface during and 2001 for the East Mesa, West Mesa, of the genera Messor, Pogonomyrmex, January and February (Eric Hollenbeck, and Yuha Basin, did not include scat Conomyrma, and Myrmecocystus Ocotillo Wells SVRA biologist, pers. data (Wright 2002). No statistically (Turner and Medica 1982, Pianka and comm. 2002). Hibernation may begin as significant trends were found in the rate Parker 1975). Flat-tailed horned lizards early as October and end as late as at which lizards were detected or the are oviparous (egg-laying), early March (Muth and Fisher 1992). number of lizards per transect on any of maturing, and may produce multiple Hibernation burrows appear to be self- the areas from 1979 to 2001 (Wright clutches within a breeding season constructed (constructed by the lizards 2002). The measure of lizards per (Howard 1974). Flat-tailed horned themselves versus using burrows transect has inherent error due to lizards produce relatively small egg constructed by other animals) and are differences in transect lengths surveyed clutches (N = 31; mean clutch size = 4.7; within 10 cm (3.9 in) of the surface among years. More importantly, the range = 3 to 7; Howard 1974), compared (Muth and Fisher 1992). Mayhew (1965) methodologies used between 1979 and to most other horned lizards (Pianka found that the majority of lizards 2001 have varied and the data have not and Parker 1975). The first cohort hibernated within 5 cm (2.0 in) of the incorporated detection probabilities (see hatches in July to August (Muth and surface. The greatest depth recorded Thompson et al. 1998). Because flat- Fisher 1992; Young and Young 2000), was 20 cm (7.9 in) below the surface. tailed horned lizards are very difficult to and in some years a second cohort may While most adults apparently hibernate find in the field due to their cryptic be produced (Howard 1974, Young and during winter months, some juveniles coloration and behavioral Young 2000). Hatchlings from the first may remain active (Muth and Fisher characteristics, incorporating the cohort may reach sexual maturity after 1992). probability of detecting them into their first winter season, whereas In June of 1997, seven Federal and survey results is very important. hatchlings born later may require an State agencies signed a Flat-Tailed Detectability is a common source of additional growing season to mature Horned Lizard Conservation Agreement bias that is ignored for relative index (Howard 1974, Young and Young 2000). (CA) to implement a Flat-tailed Horned techniques, such as the techniques used Flat-tailed horned lizards can live up to Lizard Rangewide Management Strategy to collect the data between 1979 and at least 6 years in the wild (FTHL–ICC (Management Strategy). The purpose of

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the Management Strategy is to provide Dunes north of Highway 78 is a automobiles, dune buggies, motorcycles, a framework for conserving sufficient designated wilderness area. all-terrain-cycles, four-wheelers, etc.) habitat to maintain several viable The Coachella Valley has been routes within MAs; (5) prohibition of populations of the flat-tailed horned developed to a much larger extent than off-highway competitive events within lizard throughout the range of the any other geographic area within the MAs; (6) support of continued flat-tailed species in the United States. The flat-tailed horned lizard’s current range, horned lizard monitoring and research; Management Strategy was developed by and does not have nearly as much (7) mitigation for surface-disturbing an interagency working group over a Federal land as the other areas in which activities in lizard habitat; and (8) two-year period. As part of the CA, the MAs were established. There are attempting to acquire all private agencies delineated specific areas under only about 16,610 ha (41,040 ac) of flat- inholdings within MAs. An Interagency their jurisdiction as Management Areas tailed horned lizard habitat remaining, Coordination Committee (ICC) and a (MAs). Approximately 181,100 ha representing 19 percent of the Management Oversight Group, (447,600 ac) of the remaining flat-tailed approximately 86,820 ha (214,540 ac) of composed of biologists and managers horned lizard habitat managed by historical habitat in the Coachella from CA signatory agencies, signatories of the CA exists within five Valley (Katie Barrows, pers. comm. respectively, were established to MAs, which occur in the Borrego 2002), about 3 percent of the current formulate and oversee implementation Badlands, West Mesa, Yuha Desert, East habitat rangewide in the U.S., and of the Management Strategy. The Mesa, and the Yuma Desert. These roughly 1 percent of the species range signatories agreed to review the CA and managed areas are believed to represent overall, including Mexico (we derive its effectiveness annually to determine approximately 35 percent of flat-tailed these figures using Hodges’ 1997 figure whether it should be revised. Within a horned lizard habitat remaining in the for current habitat within the U.S., and year of completing the tasks identified United States. Johnson and Spicer’s [1985] estimate of in the implementation schedule, the The five MAs were designed to overall range). Of the remaining habitat involved parties shall review the CA identify large areas of public land where in the Coachella Valley, only about and either modify, renew, or terminate flat-tailed horned lizards have been 2,150 ha (5,314 ac) of suitable flat-tailed it. The CA may at any time be amended, found, as well as to include most flat- horned lizard habitat is estimated to be extended, modified, supplemented, or tailed horned lizard habitat identified as protected as part of the Coachella Valley terminated by mutual concurrence. key areas in previous studies (Turner et Fringe-Toed Lizard Preserve System Participation in the CA/Management al. 1980, Turner and Medica 1982, (Coachella Valley Mountains Strategy is voluntary, and agencies may Rorabaugh et al. 1987, Foreman 1997). Conservancy 2001). withdraw from participation with 60 MAs were proposed based on accepted Approximately 75 percent of the flat- days’ notice. The Management Strategy principles of good preserve design, tailed horned lizard habitat in the is currently being revised. utilizing the best information available Coachella Valley is either private or A flat-tailed horned lizard Population at the time (FTHL–ICC 2002). Tribal land and subject to development Viability Analysis (PVA) was conducted Furthermore, the MAs were delineated in the near future. An area with the by a conservation team convened both to include areas as large as possible, largest amount of remaining habitat to share research results involving this while avoiding extensive, existing and outside the fringe-toed lizard preserve species and to evaluate the Management predicted management conflicts (e.g., system is the Big Dune area between Strategy. The preliminary PVA provided OHV open areas). The MAs are meant to Palm Springs and Indian Wells, south of no estimate of the minimum viable be the core areas for maintaining self- I–10. However, this area is fragmented population size and did not determine sustaining populations of flat-tailed with major roads and new development whether populations contained within horned lizards in the U.S. (FTHL–ICC (e.g., residential housing, shopping the MAs were viable, due to a lack of 2002). centers, Agua Caliente Casino, and population demographic and stochastic The flat-tailed horned lizard California State University of San (i.e., random events relevant to a commonly occurs in additional areas Bernardino Extension) and is population) information. However, the outside of the MAs. These areas include increasingly subject to new analysis illustrated the sensitivity of the Ocotillo Wells State Vehicle development because of its central flat-tailed horned lizard population Recreation Area (Ocotillo Wells SVRA), location within the Coachella Valley. viability to certain factors, particularly Coachella Valley, the areas adjoining the Signatories of the CA, which include changes in mortality and fecundity. Algodones Dunes, and east of the the Service, Bureau of Reclamation Recommendations in the PVA report Algodones Dunes between Ogilby and (BOR), BLM, U.S. Marine Corps, U.S. included controlling activities that the Mexican border (Norris 1949, Turner Navy, Arizona Game and Fish result in mortality of flat-tailed horned et al. 1980, Turner and Medica 1982). Department (AGFD), California lizards and degradation of their habitat. The Ocotillo Wells SVRA is currently a Department of Fish and Game (CDFG), Large management areas were found to Research Area under the Management and CDPR, committed to be desirable as a conservative approach Strategy, and studies on the flat-tailed implementation of conservation to ensuring the long-term population horned lizard have been encouraged and measures for the species over the life of persistence. funded by the California Department of the CA. These measures included: (1) Based on information obtained since Parks and Recreation (CDPR) Division of Continued monitoring of lizard the withdrawal of the proposed listing Off-Highway Motor Vehicle Recreation populations and new surface rule in 1997 and information (Foreman 1997). disturbance within MAs; (2) limitation documented in the proposed rule, we The majority of the potential flat- of new surface-disturbing projects have identified potential threats to the tailed horned lizard habitat is within within MAs to 1 percent of the area of flat-tailed horned lizard, including the and adjacent to the Algodones Dunes is MAs between 1997–2002; (3) collection following: urban development, within the Imperial Sand Dunes of compensation fees from project agricultural development, OHV activity, Recreation Area. Over 47,754 ha proponents who conduct activities energy developments, military (118,000 ac) of the Imperial Sand Dunes within and outside of MAs; (4) activities, introduction of non-native Recreation Area is used as an OHV open reduction in off-highway vehicle (OHV plants, pesticide use, and habitat area. The majority of the Algodones = all vehicles used off-road, including degradation due to Border Patrol and

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illegal drive-through traffic along the District of California granted summary since our 1997 withdrawal. In this United States-Mexico border. These judgement in our favor upholding our current final determination to withdraw threats and their effects on flat-tailed decision not to list the flat-tailed horned our proposal to list the flat-tailed horned lizards and their habitat are lizard. However, on July 31, 2001, the horned lizard as threatened, we address discussed in further detail in the section Ninth Circuit Court of Appeals reversed the Court’s order that we determine: (1) ‘‘Summary of Factors Affecting the the lower court’s ruling and directed the Whether the flat-tailed horned lizard is Species.’’ District Court to remand the matter back likely to become an endangered species to us for further consideration in within the foreseeable future in a Previous Federal Action accordance with the legal standards significant portion of its range; and (2) In 1982, we first identified the flat- outlined in its opinion. The case was the lizard’s viability in a site-specific tailed horned lizard as a category 2 remanded back to us because (1) the manner with regard to the putative candidate species for listing under the withdrawal did not expressly consider benefits of the CA. Act (47 FR 58454). Service regulations whether the flat-tailed horned lizard is Summary of Comments and defined category 2 candidate species as likely to become an endangered species Recommendations ‘‘taxa for which information in the within the foreseeable future in a possession of the Service indicated that significant portion of its range; and (2) In the 3 notices announcing the proposing to list as endangered or the withdrawal did not ‘‘address the public comment periods, we requested threatened was possibly appropriate, lizard’s viability in a site-specific all interested parties to submit the but for which sufficient data on manner with regard to the putative following types of information biological vulnerability and threats were benefits of the Conservation pertaining to the flat-tailed horned not currently available to support Agreement.’’ lizard: current status, ecology, proposed rules.’’ In 1989, we elevated On October 24, 2001, the District distribution, threats, and management/ the species to category 1 status (54 FR Court ordered us to reinstate the conservation efforts in place. We 554). Category 1 included species ‘‘for previously effective proposed listing requested this information in order to which the Service has on file sufficient rule within 60 calendar days and, make a new final listing determination information on biological vulnerability thereafter, commence a 12-month based on the best scientific and and threat(s) to support issuance of a statutory time schedule for a final listing commercial data currently available. proposed rule.’’ Subsequently, on decision, and render our final listing During the three public comment November 29, 1993, we published a determination in compliance with the periods, we received written comments proposed rule to list the flat-tailed mandate of the Ninth Circuit Court’s from a total of 58 entities, and 10 horned lizard as a threatened species order. Accordingly, we published a speakers gave verbal comments at the pursuant to the Act (58 FR 62624). notice on December 26, 2001, public hearings. On May 16, 1997, in response to a announcing the reinstatement of the Substantive information provided in lawsuit filed by the Defenders of 1993 proposed listing of the flat-tailed all public comments either has been Wildlife to compel us to make a final horned lizard as threatened and the incorporated directly into this listing determination on the flat-tailed opening of a 120-day public comment withdrawal or is addressed below. horned lizard, the District Court in period on the reinstated proposed rule Similar comments are grouped together. Arizona ordered us to issue a final (66 FR 66384). Comment 1: One commenter listing decision within 60 days. A In compliance with our requirements supported the listing of several month after the District Court’s order, and for the purpose of adequately populations of flat-tailed horned lizards, several State and Federal agencies soliciting public comment, we including the population in the signed a CA implementing a recently published legal notices of the Coachella Valley and Arizona. The completed rangewide management reinstatement of the 1993 proposed rule commenter further stated that strategy to protect the flat-tailed horned and the opening of the public comment independent of the proposal to list the lizard. Pursuant to the CA, cooperating period in the San Diego Union Tribune flat-tailed horned lizard as a threatened parties agreed to take voluntary steps on January 7, 2002; Imperial Valley species rangewide, the Coachella Valley aimed at ‘‘reducing threats to the Press on January 7, 2002; The Desert population must be listed as an species, stabilizing the species’’ Sun on January 8, 2002; and The Yuma endangered species. populations, and maintaining its Daily Sun on January 7, 2002; inviting Our Response: In our 1993 proposed ecosystem.’’ the general public to comment. On May rule, we proposed to list the flat-tailed On July 15, 1997, we issued a final 30, 2002, we published a notice horned lizard as a threatened species decision to withdraw the proposed rule reopening the public comment period throughout its range. to list the flat-tailed horned lizard as a for an additional 60 days (67 FR 37752) However, under the Act and our threatened species (62 FR 37852). We and announced that we would be regulations, a species will still warrant based the withdrawal on three factors: holding public hearings from 1 to 3 p.m. listing if it is threatened or endangered (1) Population trend data did not and from 6 to 8 p.m. on June 19, 2002, in a significant portion of its range. As conclusively demonstrate significant in El Centro, California. Additionally, discussed in the ‘‘Finding’’ section of population declines; (2) some of the on May 30, 2002, we published public this withdrawal, we have determined threats to the flat-tailed horned lizard notices in the San Diego Union Tribune, that the flat-tailed horned lizard is not habitat had grown less serious since the Imperial Valley Press, and The Desert threatened throughout all or a proposed rule was issued; and (3) we Sun, announcing the June 19, 2002, significant portion of its range. believed that the recently approved public hearings in El Centro, California. We considered whether the flat-tailed ‘‘conservation agreement w[ould] ensure On September 24, 2002, we published horned lizard population in the further reductions in threats.’’ an additional notice (67 FR 59809) Coachella Valley would warrant listing Six months following our withdrawal announcing the reopening of the public pursuant to our joint Service and of the proposed listing rule, the comment period for 15 days to allow for National Marine Fisheries Service Defenders of Wildlife filed a lawsuit peer review, additional public comment Policy Regarding the Recognition of challenging our decision. On June 16, on the proposed rule, and submittal of Distinct Vertebrate Population Segments 1999, the District Court for the Southern information that has become available (61 FR 4722). According to this policy,

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to be listed as distinct vertebrate the remaining habitat. Current scientific participating agencies have continued to population segments populations have evidence does not suggest that the recognize the boundaries of MAs. to qualify as both ‘‘discrete’’ and Coachella Valley population is Precise boundary descriptions have ‘‘significant.’’ genetically, behaviorally, or ecologically been completed. Naval Air Facility-El A population segment of a vertebrate unique; is a large population of flat- Centro has designated the portions of species may be considered discrete if it tailed horned lizards; or contributes the MAs under Department of Defense satisfies either one of the following individuals to other geographic areas jurisdiction through the Naval Air conditions: (1) It is markedly separated through emigration. Therefore, we Facility-El Centro Integrated Natural from other populations of the same conclude that this population, even if Resources Management Plan. In order to taxon as a consequence of physical, discrete, is not significant within the implement the Management Strategy, physiological, ecological, or behavioral meaning of the DPS policy. If additional the Yuma and El Centro BLM field factors; or (2) it is delineated by information becomes available that offices have drafted a document entitled international government boundaries indicates the Coachella Valley ‘‘The Proposed Amendment to the within which differences in control of population is biologically or California Desert Conservation Area exploitation, management of habitat, ecologically significant pursuant to the Plan and the Yuma District Resource conservation status, or regulatory Policy Regarding the Recognition of Management Plan to Expand the East mechanisms exist that are significant in Distinct Vertebrate Population Segments Mesa ACEC, West Mesa ACEC, and Gran light of section 4(a)(1)(D) of the Act. If (61 FR 4722), we may reconsider the Desierto Dunes ACEC Boundaries and a population segment is considered status of the Coachella Valley To Implement the Flat-Tailed Horned discrete under one or more of the above population for the purpose of listing Lizard Rangewide Management Strategy conditions, its biological and ecological under the Act. At this time, the threats in Imperial County, California and significance will then be considered. to the remaining populations (as Yuma County, Arizona.’’ An Significance is determined by the described below) do not suggest that Environmental Assessment (EA No. CA– importance or contribution, or both, of they warrant consideration for listing as 067–EA–1998–023) was associated with a discrete population to the species a separate DPS. the proposed amendment, and is still in throughout its range. The policy (61 FR Comment 2: One commenter noted the process of being finalized. Public 4722) lists four examples of factors that that the population of flat-tailed horned scoping meetings concerning the may be used to determine significance: lizards in the Coachella Valley is proposed amendment were held. While (1) Persistence of the discrete isolated from all other populations and the environmental assessment has not population segment in an ecological is at the northern limit of the species been completed, the Conservation setting unusual or unique for the taxon; range, and that preliminary genetic Agreement has been signed and the (2) evidence that loss of the discrete work being conducted at Utah State Management Strategy has been population segment would result in a University suggests that the Coachella implemented to the degree mentioned significant gap in the range of the taxon; Valley population has a unique genetic below. (3) evidence that the discrete population structure. segment represents the only known Our Response: We agree that the Planning Action 2: Define and surviving natural occurrence of a taxon population of flat-tailed horned lizards implement management actions that may be more abundant elsewhere as in the Coachella Valley is isolated from necessary to minimize loss or an introduced population outside its all other populations, and is at the degradation of habitat. Most subactions historic range; and (4) evidence that the northern limit of the species range. We were implemented as follows. discrete population segment differs have contacted the Utah State Appropriate mitigation measures were markedly from other populations of the University scientist who is conducting enforced for all authorized projects that taxon in genetic characteristics. In the genetic research on the species, and impacted flat-tailed horned lizards or carrying out this analysis, the Service he indicated that the work is still their habitat. Compensation funds were will consider available scientific ongoing and that no conclusions have required for most projects that had evidence of the discrete population been drawn yet on the genetic structure residual impacts to flat-tailed horned segment’s importance to the species as of flat-tailed horned lizard populations. lizard habitat. The limit of discretionary a whole. Comment 3: Several commenters have land use authorizations (not including If a population segment is found to be remarked on the apparent lack of impacts from OHV activity) to 1 percent discrete and significant (i.e., it is a DPS) implementation of the planning actions cumulatively for each MA was not its evaluation for endangered or in the Management Strategy, and its exceeded. No disposal of lands within threatened status will be based on the overall ineffectiveness with regards to MAs occurred. No new roads were Act’s definitions of those terms and on conservation of flat-tailed horned lizard authorized in MAs. Members of the ICC a review of the species’ status relative to populations. for the Management Strategy held the factors described in section 4(a)(1) of Our Response: There are nine several flat-tailed horned lizard the Act for listing a species as planning actions with associated orientation sessions with Border Patrol endangered or threatened. subactions. The Management Strategy agents in the Yuma and El Centro As outlined in this withdrawal, we states that it is understood among the sectors to reduce impacts to flat-tailed currently believe there are four disjunct signatories that implementation of these horned lizard habitat along the geographic areas occupied by flat-tailed actions is subject to availability of funds international border. The BLM El Centro horned lizards. They are disjunct due to and compliance with all applicable office implemented an aggressive fragmentation of habitat by agricultural regulations. The implementation of the education strategy with Border Patrol to and urban development, the Salton Sea, planning actions from May 1997 reduce impacts to flat-tailed horned and the Colorado River. We recognize through June 2002 was as follows. lizard habitat. Competitive off-highway that of the four geographically discrete Planning Action 1: Delineate and vehicle races have not been permitted in populations, the Coachella Valley designate five flat-tailed horned lizard MAs. No new recreation facilities were population is the smallest and most MAs and one flat-tailed horned lizard allowed in MAs. A camping closure was fragmented by development and roads, research area. Management Areas have implemented and enforced as mitigation and faces existing and future threats to not been fully designated, although in the East Mesa MA. However,

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important subactions to designate routes Planning Action 6: Coordinate estimate study in 2002 for the Yuha ‘‘open,’’ ‘‘closed,’’ or ‘‘limited;’’ to activities and funding among the Basin MA. Tissue samples were taken reduce route density; and to limit participating agencies and Mexican from the disjunct populations camping to within 15 m (50 ft) from the agencies. The signatory agencies formed throughout the range of the flat-tailed centerline of a designated open route in the ICC, which has met quarterly to horned lizard and are to be analyzed by MAs were not implemented; or were discuss implementation of planning Utah State University to determine any implemented to a limited degree. The actions under the Management Strategy. genetic differences between effects of this inaction are discussed The signatory agencies also formed a populations. under Factor A of the section ‘‘Summary Management Oversight Group to Planning Action 9: Continue of Factors Affecting the Species.’’ provide management-level leadership, Inventory and Monitoring. BLM’s Palm Planning Action 3: Rehabilitate coordination, and oversight in the Springs office conducted surveys in the damaged and degraded habitat in MAs. implementation of the Management Coachella Valley. Surveys were also BLM staff have been rehabilitating Strategy. A study to investigate the conducted across Baja Norte and routes inside the Yuha Basin MA. They distribution of flat-tailed horned lizards Sonora, Mexico, with the help of ICC have focused on proliferation in Sonora and Baja California, Mexico, personnel and funding from BOR and (unauthorized development of new was initiated with funding from BOR BLM. Additional surveys were routes by users) and parallel routes off and BLM. conducted along the peripheral areas of of designated routes; and have Planning Action 7: Promote the the Borrego Badlands MA. Surveys of rehabilitated approximately 32 to 40 km purposes of the strategy through law flat-tailed horned lizards and their scat (20 to 25 mi) of non-designated routes. enforcement and public education. continued on MAs each year between Planning Action 4: Attempt to acquire Annual reports (ICC 1999a, ICC 1999b, 1997 and 2001. ICC annual reports through exchange, donation, or ICC 2002) stated that insufficient law monitored the habitat loss authorized by purchase from willing sellers all private enforcement personnel were available to Management Strategy/CA signatories. lands within MAs. Lists prioritizing prevent most of the illegal off-highway The Navy contracted Tierra Data parcels for acquisition have been vehicle traffic and illegal dumping that Systems in 1997 to take aerial maintained by the California OHV occurs in the West Mesa, Yuha Basin, photographs and digitally map the five Division office headquarters in and East Mesa MAs. The annual reports MAs and the Research Area to Sacramento and by BLM’s El Centro state that given the funding situation of document habitat loss and disturbance. office. BLM’s El Centro office has most of the agencies involved, sufficient The El Centro BLM office quantified contacted all landowners within the law enforcement is unlikely to occur. vehicular impacts at a finer resolution East Mesa MA to advise them of BLM’s Information pamphlets addressing the than Tierra Data Systems by using a desire to acquire their lands through flat-tailed horned lizard were prepared step-point method on the West Mesa, purchase or exchange. Approximately by the CDPR staff at Ocotillo Wells Yuha Basin, and East Mesa MAs. A 6,273 ha (15,500 ac) of Arizona State SVRA and Naval Air Facility El Centro similar analysis was conducted in the land within the Yuma Desert MA was and distributed to relevant agencies and Yuma MA by the Service and the acquired by the Department of Defense, the public. Flat-tailed horned lizard Arizona Game and Fish Department. a signatory to the Management Strategy. signs were posted on most access points In conclusion, while the Management Consequently, all land within this MA into the Yuma Desert and East Mesa Strategy has resulted in actions that is owned by signatory agencies. Anza MAs. BLM’s El Centro office produced provide protections for the flat-tailed Borrego Desert State Park acquired range-user brochures and wallet cards to horned lizard and has contributed to private lands totaling 299 ha (740 ac) educate all range users of the presence reductions in particular threats to the within and adjacent to the Borrego of flat-tailed horned lizards and species (see Factor D below), the stated Badlands MA. BLM-El Centro acquired procedures to avoid impacting lizards objectives of the Management Strategy 97 ha (240 ac) within the East Mesa MA and to report any accidental impacts to have not yet been fully achieved. and 32 ha (80 ac) within the West Mesa lizards. Specifically, the four of the Management MA. California Department of Planning Action 8: Encourage and Strategy’s priority 1 planning subactions Transportation has purchased one support research that will promote the have not been fully implemented. These section (259 ha [640 ac]) in the northern conservation of flat-tailed horned are the following: (1) Finalizing the portion of the West Mesa MA as lizards or desert ecosystems and will designations of the MAs; (2) reducing compensation for a project outside the effectively define and implement route densities in MAs; (3) signing MAs. This section may be conveyed to necessary management actions, both routes closed, limited, or open; and (4) BLM in the future. within and outside of MAs and the providing adequate law enforcement. Planning Action 5: Maintain or Research Area. Ocotillo Wells SVRA Comment 4: One commenter stated establish effective habitat corridors funded four studies (Young 1999, Setser that one of the management areas is between naturally adjacent populations. and Young 2000, Setser 2001, and within the boundaries of an ORV Open No new corridors have been established, Gardner 2002) to collect information on Area (Ocotillo Wells SVRA) and asked but no new projects were authorized flat-tailed horned lizard demographics, what has been done on the ground in that would block movement across habitat use, and the effects of OHV the Ocotillo Wells SVRA to actually existing corridors between MAs. activity. Various sampling protect the lizard’s habitat. Currently, MAs that may still be methodologies to assess population Our Response: None of the connected by corridors include the trends were tested. ICC members Management Areas contains OHV open Borrego Badlands MA, West Mesa MA, consulted with Colorado State areas. The Ocotillo Wells SVRA is and Yuha MA. An OHV open area and University regarding monitoring designated as a Research Area and is not I–8 lie between West Mesa and the Yuha population trends. Flat-tailed horned a designated Management Area under MAs, but two underpasses may facilitate lizard life history and demographic data the Management Strategy. The Ocotillo some movement between these MAs. were collected by several researchers Wells SVRA was not established to All corridors across the U.S.-Mexico from Utah State University. In 2001, protect the flat-tailed horned lizard’s border are currently intact, according to BLM’s El Centro office conducted a pilot habitat. It is one of six State Vehicular the ICC. CMR study that led to a population Recreation Areas within California that

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serve as OHV parks for the public. population abundance, conditional on a competition with which the species has While OHV freeplay, racing, and touring number of assumptions. coevolved (Pimm et al. 1995). There is are permitted, the Ocotillo Wells SVRA Wright (2002) reported that flat-tailed also the potential for natural predators prohibits most permanent surface horned lizards were encountered at the to increase their predation rate on disturbing activities. In order to highest rates in the Navy and Limited certain prey given human subsidies encourage studies on the flat-tailed use areas of West Mesa, at intermediate available. For example, increased horned lizard, the Ocotillo Wells SVRA rates in the Yuha Desert and East Mesa, predation rates on flat-tailed horned was proposed as a Research Area in the and at the lowest rates in the West Mesa lizards by loggerhead shrikes and Management Strategy. Funding was to ACEC, Plaster City, and Superstition American kestrels have been reported in be provided by the California Mountains Open Areas. If detection localized areas where human-provided Department of Parks and Recreation rates were assumed to be equal across perches (e.g., power lines or planted Division of Off-Highway Motor Vehicle all variables involved, then an inference palm trees) have been used by shrikes Recreation. could be made that the areas used most and kestrels as points from which to Comment 5: One commenter stated by OHVs, the open areas, have the hunt (Young and Young 2000, Cameron that large areas within the BLM- lowest abundance of flat-tailed horned Barrows pers. comm, 2002). However, managed deserts of California and lizards. If we assume that the main areas in which these increased Arizona, as well as significant portions difference between open and the other predation rates occur are small in size of Anza-Borrego Desert State Park and areas is a higher rate of use of open and occur within relatively short the Ocotillo Wells SVRA, have been areas by OHVs, we could reasonably distances of the perches in the closed to protect the flat-tailed horned conclude that OHV impacts were abovementioned examples. lizard and its habitat from OHV responsible for this difference. However, Comment 7: One commenter stated intrusion. the previously mentioned bias and error that it is absolutely critical that we not Our Response: No areas have been associated with the data collection make issue a final decision until after we have closed to OHV use to protect the flat- this inference weak and unreliable. conducted the studies necessary to tailed horned lizard or its habitat. Further hypothesis testing of the address flat-tailed horned lizard Within the Anza-Borrego Desert State relationship of OHV use and flat-tailed abundance and viability on private Park, OHV activity is limited to horned lizard abundance incorporating lands. The commenter further designated routes. Most of the BLM detection probabilities in a rigorous recommended that all future studies do managed lands within the range of the sampling design would be valuable. The the following: (1) Abandon scat counts flat-tailed horned lizard are currently BLM has recognized the importance of as a way of deriving species densities, open to OHV use in some capacity. The incorporating detection probability into (2) use different, more reliable methods entire Ocotillo Wells SVRA is open to their flat-tailed horned lizard sampling for counting flat-tailed horned lizards, OHV use in some form, and the majority designs and has recently employed such and (3) be repeatable over time, so that is completely open to freeplay a design to estimate population size in trend data on the lizard can be (unlimited access and use). The Ocotillo the Yuha Basin MA, referred to developed. Wells SVRA is in fact the largest of the previously in the ‘‘Background’’ section Our Response: The schedule for the State Vehicular Recreation Areas in of this notice. final listing determination was California, comprising approximately 85 OHV activity has also been mandated by the Southern District Court percent of land in the program. In documented as the direct cause of of California under the direction of the addition, there are two BLM Open Areas mortality of individual flat-tailed Ninth Circuit Court of Appeals, to be that have unrestricted OHV use, the horned lizards (Luckenbach 1975; made within 12 months of reinstating BLM’s Plaster City (16,592 ha [41,000 Luckenbach and Bury 1983; Muth and the proposed listing. A notice ac]) and Superstition Hills (5,261 ha Fisher 1992). However, the number of announcing the reinstatement of the [13,000 ac]) Open Areas. documented flat-tailed horned lizard 1993 proposed rule was published in Comment 6: One commenter mortalities due to OHVs is limited. the Federal Register on December 26, mentioned that the data show a weak, The fact that ravens, shrikes, and 2001. Consequently, on the basis of the almost nonexistent correlation between round-tailed squirrels have been best scientific and commercial data OHV use and alleged declines in flat- documented as predators of flat-tailed currently available, we must make a tailed horned lizard populations, and horned lizards does not make them final listing determination for the flat- that by contrast, other threats such as threats to the survival of the species. We tailed horned lizard by December 26, predation by ravens, shrikes, and round- assume that flat-tailed horned lizards 2002. tailed squirrels have been substantiated have coevolved in a predator-prey While our listing determination with hard evidence. relationship with most of the predators undoubtedly would be aided by further Our Response: Past indices of they encounter in the Sonoran Desert. studies on flat-tailed horned lizards, we population abundance of the flat-tailed There are no data showing that round- can not delay the decision. horned lizard have not used similar tailed ground squirrels or other Additionally, we do not currently have methodologies, nor have they predators depend on flat-tailed horned the funding to conduct additional incorporated detection probabilities. lizards as a primary food source. To the research prior to making our decision. Population trends based on such data contrary, round-tailed ground squirrels Despite this shortcoming, several of the potentially include error related to are omnivorous and rely on plant commenter’s recommendations have numerous variables, including variation material for a major part of their diet already been enacted. We have not used in detectability, scat counts, sampling (Ernest and Mares 1987). any scat count information to derive methods, study areas sampled, number Anthropogenic threats (i.e., human lizard density or abundance estimates, of transects surveyed, number of caused habitat destruction and and the BLM has begun to use the observers, temperature, year, etc. The degradation; e.g., OHV activity) and previously mentioned CMR BLM (Wright 2002) reported data that introduced predators or competitors are methodology to conduct population can be used as an indication of generally regarded as more severe estimates on the MAs, which can then abundance from 1979 to 2001 and the threats to the survival of native species be replicated in the future to gain correlation of OHV activity and than are predators or interspecific information on population trends.

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Comment 8: One commenter MAs, the species will at some point of private lands in flat-tailed horned remarked that a large flaw in the cease to be a part of the ecological lizard habitat being developed at a rate management strategy was that little or community. that would pose a significant threat to no baseline data were gathered on the Our Response: Assessing a species’ the species or its habitat, except in the abundance of the lizard or the condition role in an ecosystem is often a complex Coachella Valley. of its habitat at the time the task. We believe that the flat-tailed In the Coachella Valley, Regional conservation agreement was put in horned lizard will continue to be a self- Habitat Conservation Plans in place. sustaining, functioning component of preparation by the Coachella Valley Our Response: While there were no their ecosystem into the foreseeable Association of Governments and the data leading to population estimates, future. The roughly 65 percent of the Agua Caliente Band of Cahuilla Indians there were data gathered on flat-tailed current range of the flat-tailed horned would conserve a yet-to-be-determined horned lizard abundance using transects lizard found outside of the MAs, if not amount of flat-tailed horned lizard between 1979 and 1997, as discussed developed, may continue to serve as habitat, leaving the rest subject to previously. In addition, the U.S. Navy habitat for flat-tailed horned lizard development. However, these Habitat (signatory agency) funded aerial populations. Conservation Plans are in progress and photography of the MAs, and Tierra Much of the habitat outside the MAs are subject to approval in the future; Data Systems subsequently analyzed the is managed by Federal agencies such as therefore, their completion and photographs to establish baseline levels the BLM, or the State. These agencies implementation cannot be relied upon of surface disturbance within MAs. We have the capacity to manage their lands for conservation purposes. have since analyzed aerial photos taken to conserve flat-tailed horned lizard Comment 11: One commenter in 2002 in an attempt to document habitat into the future. The Management responded that BLM studies have disturbance on MAs using a Strategy is applied to lands owned or shown that flat-tailed horned lizard managed by Federal signatories outside methodology similar to that used by populations have remained at levels MAs as well, albeit to a lesser degree Tierra Data Systems in 1997. We then found in the 1970s, regardless of the than is done for lands inside MAs. BLM compared the 1997 disturbance increased use of the desert by Border lands outside of designated open areas information to that of 2002 to assess the Patrol, OHVs, and other development. change in amount of disturbance during are managed for limited use under the Our Response: The BLM population that time period. The results of this California Desert Conservation Area trend data from the 1970s until 2001 comparative analysis can be found Plan. The flat-tailed horned lizard is used scat counts, which have been under our discussion of Factor A in the also a sensitive species in the California acknowledged to be unreliable Summary of Factors Affecting the Desert Conservation Area Plan, which indicators of lizard abundance (Muth Species. states the goal for such designated Comment 9: Several commenters have species is to manage the species and and Fisher 1992, Rorabaugh 1994, expressed concern that Border Patrol is their habitats so that the potential for Beauchamp et al. 1998) that should not not a signatory to the Conservation Federal or State listing is minimized. In be used to analyze population trends. Agreement associated with the addition, the BLM must adhere to Other problems associated with these Management Strategy, and that its directives such as Executive Orders studies have been stressed in our activities pose one of the main threats 11644 and 11989, which established response to comment 6. In 2002, the to the flat-tailed horned lizard. policies and provided for procedures to BLM started to use the CMR Our Response: The Border Patrol control and direct, among other things, methodology (described previously) declined the opportunity to sign the CA, the use of OHVs on Federal lands in incorporating detection probability to but has encouraged education of new order to protect the resources of those estimate population sizes on the MAs. agents and continues to coordinate with lands. This is a much more reliable and signatory agencies to identify ways to Any habitat within the current range promising methodology that BLM will reduce the impacts of Border Patrol of the flat-tailed horned lizard that is in continue using in the future to monitor activities. ICC members held several the Anza-Borrego Desert State Park is population trends. The increased use of flat-tailed horned lizard orientation managed favorably for the conservation the desert by Border Patrol, OHVs, and sessions with Border Patrol agents in the of the flat-tailed horned lizard, because other development and the resulting Yuma and El Centro sectors to reduce of the emphasis placed on resource effects on flat-tailed horned lizard impacts to flat-tailed horned lizard protection and regulations limiting OHV populations has been difficult to habitat along the international border. activity to designated trails. Some of the monitor. Intuitively, we know these These briefings were designed to California state land outside the MAs is impacts cannot keep increasing without familiarize Border Patrol agents with in the Ocotillo Wells SVRA. The resulting in negative impacts to habitat. flat-tailed horned lizard natural history, mission of the Off-Highway Motor However, based on the best available habitat requirements, and the Vehicle Recreation Division (CSDPR information, we have determined that importance of minimizing vehicular 2002) includes insuring ‘‘that quality such possible negative impacts do not traffic off of designated patrol routes/ recreational opportunities remain currently, or in the foreseeable future, roads, and were well received by Border available for future generations by pose a threat to the species. Land use Patrol personnel. However, the Border providing for education, conservation, thresholds resulting in population Patrol’s OHV activities and their and enforcement efforts that balance declines can only be derived through impacts on flat-tailed horned lizard OHV recreation impact with programs sound research and monitoring. See also conservation have not been monitored that conserve and protect cultural and discussion in Factor A below. and assessed. natural resources.’’ In addition, projects Comment 12: Several commenters Comment 10: One commenter on State lands must adhere to the stated that we should take economic remarked that while the MAs may be California Environmental Quality Act impacts into consideration when we large enough to ensure viability of the (CEQA). CEQA requires a full public decide whether to list the flat-tailed species, because only approximately 35 disclosure of the potential horned lizard, because the areas percent of the current range of the flat- environmental impact of proposed surrounding the lizard’s habitat are in tailed horned lizard is included in the projects. Moreover, there is no evidence danger of suffering economic harm

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should the listing and any resulting land authorize the Management Areas has which the species occurs in the United use restrictions occur. not been completed. States, and (3) the effectiveness of the Our Response: The Act requires us to Our Response: While this is true, the conservation strategy to provide make listing determinations solely on Yuma and El Centro BLM field offices adequate protection and management the basis of the best scientific and drafted a document to implement the for the species. Four peer reviewers commercial data available after Management Strategy. This document is responded to our solicitation. conducting a review of the status of the ‘‘The Proposed Amendment to the One reviewer noted that his species (section 4(b) of the Act). California Desert Conservation Area comments are limited to the Coachella Congress also made it clear in the Plan and the Yuma District Resource Valley population and stated that the Conference Report accompanying the Management Plan to Expand the East Coachella Valley has experienced higher 1982 amendments to the Act that Mesa ACEC, West Mesa ACEC, and Gran levels of urbanization and habitat ‘‘economic considerations have no Desierto Dunes ACEC Boundaries and to fragmentation than any of the five MAs relevance to determinations regarding Implement the Flat-tailed Horned Lizard identified in the Management Strategy. the status of species.’’ We do not Rangewide Management Strategy in The reviewer mentioned that the consider economic impacts in the listing Imperial County, California, and Yuma Coachella Valley historically had a process, except when designating County, Arizona.’’ An environmental substantial flat-tailed horned lizard critical habitat; during this latter assessment (EA No. CA–067–EA–1998– population and that the largest process, we conduct an economic 023) is attached to this proposed remaining unfragmented habitat patch analysis. amendment. Public scoping meetings represents just 3 to 4 percent of its Comment 13: One commenter noted concerning this proposed amendment original extent. The reviewer stated that that reported habitat loss resulting from have been held, and work is in progress the Management Strategy has had no urbanization may not be accurate, to finalize the environmental apparent benefit within the Coachella because cities such as Imperial, El assessment. While the environmental Valley, because there is no MA Centro, and Brawley have alkali, heavy assessment has not been completed, the established within the Coachella Valley clay, and silty clay soils, respectively; Conservation Agreement has been due to the lack of public land containing and these soil types are not preferred signed, and the Management Strategy flat-tailed horned lizard habitat. Two reviewers recommended the habitat for the flat-tailed horned lizard. has been implemented to the degree mentioned previously. species be listed as threatened, as Our Response: These soils and proposed in 1993, and the fourth habitats in Imperial Valley may not have Peer Review reviewer recommended the species not been preferred or high quality habitat In accordance with our July 1, 1994, be listed. The two reviewers who for the flat-tailed horned lizard, but they Interagency Cooperative Policy for Peer recommended listing the species stated still more than likely provided habitat of Review in Endangered Species Act that more research was necessary on the some quality. Historically, the Imperial Activities (59 FR 34270), we solicited demographics of flat-tailed horned Valley may not have consisted of the expert opinions of six independent lizard populations. contiguous habitat quality but probably specialists. The Policy for Peer Review One reviewer’s opinion was that if consisted of a patchy mosaic of different states that it is the policy of the Service immediate and strong action is not qualities of flat-tailed horned lizard to incorporate independent peer review taken, the species is likely to disappear habitat, as is seen today in the different in listing decisions during the public in most or all of its range in the geographic areas. Flat-tailed horned comment period in the following immediate future. However, this lizards do not require fine sandy manner: (1) Solicit the expert opinions reviewer noted that critical habitats as was described in the past, of a minimum of three appropriate and demographic data necessary to but appear to be more flexible in their independent specialists regarding demonstrate population stability are use of different soil types (Beauchamp pertinent scientific and commercial data still lacking. The reviewer remarked that et al. 1998). They have been found to and assumptions relating to the the quality of data on flat-tailed horned occur on clay soils (Turner et al. 1980); taxonomy, population models, and lizards is so poor that all analyses are concretions, gravel, and silt (Beauchamp supportive biological and ecological suspect. The following et al. 1998); and desert pavement areas information for species under recommendations for continued (Altman et al. 1980); in addition to the consideration for listing; and (2) research relevant to developing the fine sandy habitats in which they are summarize in the final decision necessary information to make a commonly found. They have even been document the opinions of all convincing argument for listing this found on the rocky lower slopes of independent peer reviewers received on species were offered: (1) Long-term Superstition Mountain coexisting with the species under consideration. The capture-recapture data; (2) chuckwallas (Turner et al. 1980). purpose of such review is to ensure that phylogeography studies to determine Furthermore, the areas the commenter listing decisions are based on historic patterns of dispersal and notes above may have been beneficial to scientifically sound data, assumptions, present effects of fragmentation; (3) populations for reasons other than and analyses, including input of comparative ecological studies in areas providing quality habitat (e.g., corridors appropriate experts and specialists. impacted by chemicals that might affect or ‘‘stepping stones’’ providing gene We specifically asked the reviewers to ant populations versus areas where no flow among populations). Flat-tailed review both our proposal to list the flat- detectable affects of insecticide exist; (4) horned lizards have been documented tailed horned lizard as threatened (58 physiological studies to determine in what are now the towns of FR 62624) and our subsequent whether dietary shifts (away from ants) Westmorland, Seeley, and Holtville withdrawal of the proposed rule (62 FR might negatively effect growth rates and (Klauber 1932). 37852), and also to provide comments size at sexual maturity; and (5) close Comment 14: A few commenters and information on the following issues: examination of the illegal OHV threat noted that although the Management (1) Any additional data that may assist with the intent of developing a strategy Strategy and Conservation Agreement us in making our listing decision, (2) the of effective enforcement. were produced in 1997, an status and threats to the species—in One reviewer, who has conducted environmental assessment to officially particular, the four geographic areas in research on flat-tailed horned lizards in

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Arizona and California, expressed that the Imperial Valley largely prevent Coachella Valley (California) the designated MAs and the current further urban and agricultural There has been substantial loss and protective measures are adequate, and development. The proposed rule also fragmentation of flat-tailed horned the species does not warrant Federal mentioned gold mining as a potential lizard habitat within the Coachella listing as threatened. This reviewer threat. There are currently no gold Valley. We use the term fragmentation stated that the main reason that the mines in flat-tailed horned lizard to refer to the breaking up of a habitat species does not warrant Federal listing habitat, and gold mines are not expected or ecosystem into smaller parcels is that even without population to become a threat in the foreseeable (Foreman 1997). Fragmentation stems estimates for the MAs, it is reasonable future. from Interstate 10 (I–10), which runs to believe there are large, viable, self- The relative abundance index that through the middle of the Coachella sustaining populations that are being was used in the 1993 proposed rule to Valley; an associated network of roads protected in the MAs. document a decline in the Yuha Desert south of I–10; and associated urban and We respectfully disagree with the two has since been found to be based on agricultural development. An important reviewers who recommended listing the erroneous assumptions and effect of habitat fragmentation is the flat-tailed horned lizard rangewide, inconclusive data. The information on decreased movement of a species (i.e., because we do not feel the available population trends presented in the the flat-tailed horned lizard) across a data indicate that the species is likely to proposed rule was derived in part from landscape. Some highways, such as I– become endangered within the scat count data collected between 1979 10, act as complete barriers to foreseeable future throughout all or a and 1991. The use of scat counts for this movement of flat-tailed horned lizards. significant portion of its range. While purpose has problems that were Other roads may decrease the one reviewer stated that critical previously mentioned in the probability that flat-tailed horned demographic data necessary to Background section of this rule, and lizards will cross the road, or may result demonstrate population stability are in increased mortality rates for flat- still lacking, reliable demographic data therefore we do not consider scat counts scientifically reliable as indicators of tailed horned lizards within an showing population declines are also unknown distance of roads. The lacking. population abundance. At this time, the available data do not indicate that decrease in movement of flat-tailed Summary of Factors Affecting the populations of flat-tailed horned lizard horned lizards due to roads can have Species are declining or threatened in any of the negative impacts to local populations, including: (1) Decreased dispersal rates Section 4 of the Act (16 U.S.C. 1531 geographic areas, with the exception of of juveniles, (2) decreased likelihood for et seq.) and the regulations (50 CFR part the Coachella Valley, discussed later. rescue of small populations due to 424) that implement the listing The distribution of the flat-tailed immigration, (3) decreased genetic flow provisions of the Act set forth the horned lizard was described by Turner between local populations, and (4) other procedures for adding species to the and Medica (1982) as the desert areas of unknown impacts to a population’s Federal list of endangered and southeastern California and spatial structure. threatened species. A species may be southwestern Arizona and adjoining The amount of contiguous and total determined to be an endangered or portions of Sonora and Baja California habitat remaining in the Coachella threatened species due to one or more Norte, Mexico. The historical Valley is far less than that found in the of the five factors described in section distribution of the flat-tailed horned other three geographic areas. There are 4(a)(1) of the Act. These factors and lizard in California was arguably about 16,610 ha (41,040 ac) remaining, their application to the flat-tailed connected to an unknown extent from which represent 19 percent of the horned lizard rangewide are discussed the Imperial Valley north through the approximately 86,820 ha (214,540 ac) of below. Coachella Valley. Locality records historical habitat in the Coachella A. The Present or Threatened report flat-tailed horned lizards Valley (Barrows, pers. comm. 2002), and Destruction, Modification, or occurring within the Imperial Valley in about 3 percent of the current habitat Curtailment of Its Habitat or Range the towns of Westmorland, Seeley, and rangewide in the U.S. (We derive these Holtville (Klauber 1932). Bryant (1911) figures using Hodges 1997 figure for United States reported locality records from Mecca current habitat within the U.S.) There were some threats of habitat (southern end of Coachella Valley) and Approximately 75 percent of the flat- loss and modification identified in the ‘‘Salton Lake.’’ The development of the tailed horned lizard habitat in the 1993 proposed rule that have been Imperial Valley and southern half of the Coachella Valley is either private or reduced since 1993 or for which we Coachella Valley for agriculture and Tribal land and subject to development have limited new information since urbanization, and the filling up of the in the near future. The remainder is 1993. The proposed rule stated that 95 Salton Sea, have essentially fragmented either in Federal or State ownership. percent of the remaining optimal habitat the range of the flat-tailed horned lizard Between 1996 and 2002, an estimated in California is threatened by one or in California into the following disjunct 2,428 ha (6,000 ac) of flat-tailed horned more impacts, and that urban growth is areas: (1) Coachella Valley, (2) west side lizard habitat was developed in the an important component of these of Salton Sea and Imperial Valley, and Coachella Valley (Kim Nicol, CDFG threats. At this time, habitat loss due to (3) the east side of the Imperial Valley. biologist, pers. comm. 2002). urbanization does not appear to be a Additionally, the Colorado River The largest patch of habitat is on the significant threat in the foreseeable separates the Arizona population of flat- Coachella Valley Preserve and consists future, due to Federal and State land tailed horned lizards from populations of about 1,480 ha (3,660 ac). In total, ownership of most of the remaining in California. Consequently, we will there are about 2,150 hectares (5,314 habitat, with the exception of that in the further analyze Factor A using the four acres) of suitable flat-tailed horned Coachella Valley and Borrego Valley. disjunct areas within the United States: lizard habitat that are protected as part The Imperial Valley has been developed (1) Coachella Valley, (2) west side of of the Coachella Valley Fringe-Toed up against the borders of MAs, and Salton Sea/Imperial Valley, (3) east side Lizard Preserve System (Coachella additional BLM lands on both sides of of Imperial Valley, and (4) Arizona. Valley Mountains Conservancy 2001).

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An area with the largest amount of with the habitat loss and disturbance order that will decrease this specific remaining habitat outside the fringe- documented by Tierra Data Systems in OHV threat in the future. This system toed lizard Preserve System is the Big 1997, we found that the length of dirt has been effective in reducing illegal Dune area between Palm Springs and roads had slightly increased from 154 drive-through traffic near the Algodones Indian Wells, south of I–10. However, kilometers (km) (96 miles [mi]) to 192 Dunes. this area is fragmented with major roads km (120 mi), and the area disturbed had The primary reason for the and new development (e.g., residential increased from 142 ha (351 ac) to 761 proliferation of trails in limited use housing, shopping centers, Agua ha (1,881 ac). However, this increase in areas is most likely due to the lack of Caliente Casino, and California State disturbed area may have been an artifact route signing and law enforcement University of San Bernardino Extension) of what we designated disturbed versus available not only on the Yuha Basin and is increasingly subject to new what Tierra Data Systems called MA, but across all MAs. ‘‘Federal Lands: development because of its central disturbed. The majority of the increase Information on the Use and Impact of location within the Coachella Valley. in disturbed habitat was attributed to an Off-highway Vehicles,’’ a U.S. General Regional Habitat Conservation Plans area that appeared to be an abandoned Accounting Office (USGAO) report to in preparation by the Coachella Valley airfield. Congress (USGAO 1995), reported that Association of Governments and the BLM has ‘‘not completed inventories of Agua Caliente Band of Cahuilla Indians West Mesa MA their OHV areas, roads, and trails, and would conserve a yet-to-be-determined The West Mesa MA consists of they have not finished preparing maps amount of flat-tailed horned lizard approximately 55,079 ha (136,100 ac), of and posting signs to indicate where habitat and the rest would be subject to which 46,257 ha (114,300 ac) is habitat OHVs may or may not be used. Without development. However, these Habitat managed by signatories to the such inventories, maps, and signs, Conservation Plans are in progress and Management Strategy/CA, and 8,822 ha neither the public nor the staff can be are subject to approval in the future; (21,800 ac) are private land. No certain whether specific areas, roads, or therefore their completion and geothermal activity was found during trails are available for OHV use.’’ The implementation cannot be relied upon BLM disturbance surveys, but about 2 report did not specifically look at the for conservation purposes. percent of the surface has been affected resource areas containing flat-tailed by mining. In 2001, the BLM estimated horned lizard habitat, but it does West Side of Salton Sea/Imperial Valley that 11.4 percent of the West Mesa MA illustrate the difficulty BLM offices (California) was covered with vehicle tracks (Wright across the western United States have in This geographic area spans from 2002). Wright (2002) reported that the complying with their agency’s own Borrego Valley east to Salton Sea, and West Mesa and Yuha Basin MAs have regulations requiring the designation of south to the border with Mexico, relatively high levels of vehicular lands for OHV use be communicated to bounded on the west by the Peninsular disturbance throughout and lack the public. Without maps and signs to Mountain ranges and to the east by the protected core habitats when compared identify OHV routes, the USGAO (1995) Salton Sea and agricultural with the East Mesa MA. The number of concluded that restricted-use areas are, development of the Imperial Valley. The OHV routes in the West Mesa MA in effect, used and managed as open-use majority of the private land that is increased roughly fourfold from 1985 to areas. potential flat-tailed horned lizard 2001 (Wright 2002). Our analysis showed that, between habitat is in the Borrego Valley and 1997 to 2002, the percentage of area Yuha Basin MA Ocotillo Wells area just south of State disturbed increased from 6.6 to 9.7, the Route (SR) 78, west of the West Mesa The Yuha Basin MA consists of about area of disturbance increased from 1,376 MA. The geographic area contains three 24,363 ha (60,200 ac), of which 23,149 ha (3,400 ac) to 2,145 ha (5,300 ac), and MAs (Borrego Badlands, West Mesa, and ha (57,200 ac) of habitat is managed by the length of roads increased from 394 Yuha Basin) and the Ocotillo Wells signatories to the Management Strategy/ km (246 mi) to 655 km (409 mi). We SVRA research area. CA. This MA is bounded by I–8 to the consider the BLM figures for vehicle This geographic area is fragmented north and fragmented by SR98 running track coverage to be more accurate for from north to south by SR22, SR78, east to west across the entire MA. In strictly measuring vehicle tracks, Interstate 8 (I–8), and SR98. Habitat loss 2001, the BLM estimated that 10.5 because of the finer resolution in has also resulted from the towns of percent of the eastern Yuha Basin MA sampling. BLM measured track coverage Borrego Springs, Salton City, Ocotillo was covered with vehicle tracks (Wright on the ground, while our measurements Wells, and Ocotillo. The largest of these 2002). Wright (2002) estimated there were derived from aerial photographs towns is Borrego Springs, with a was a 23 percent increase in routes and with obviously much coarser resolution. population of approximately 3,000 graded roads on this MA from 1994 to Outside MAs people. Due to the small size of these 2001, and commented that the vehicle towns, it is unlikely that urban or track levels along SR98 in the eastern The Ocotillo Wells SVRA manages agricultural development in or around Yuha Basin MA are more consistent about 31,040 ha (76,700 ac) between the these small towns is a significant threat with an Open Area than they are with Borrego Badlands MA and the West to the flat-tailed horned lizard or its a limited area. Part of the high level of Mesa MA, west of SR86. The Ocotillo habitat in the foreseeable future. vehicle track disturbance in this area Wells SVRA allows unrestricted use by can be attributed to the increase in OHVs across approximately 20,640 ha Borrego Badlands MA illegal drive-through traffic in the recent (51,000 ac) of this area, while the The Borrego Badlands MA is past from the border into the U.S. (BLM remaining land is a restricted area zone composed of about 17,159 ha (42,400 2002). Drive-through traffic consists of limited to OHV use on designated trails ac), of which 14,771 ha (36,500 ac) is vehicles that drive illegally across the only (Hollenbeck, pers. comm. 2002). In habitat managed by signatories to the International boundary, the majority off- addition to the Ocotillo Wells SVRA, in Management Strategy/CA, and 2,388 ha road, without being inspected by this geographic area unrestricted OHV (5,900 ac) are private land. When we Federal officers. The Border Patrol is use is also allowed in the BLM’s Plaster compared habitat disturbance and loss planning to erect an ‘‘Anti-Vehicle City (approximately 6,070 ha [15,000 from aerial photographs taken in 2002 Barrier System’’ along the international ac]) and Superstition Hills

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(approximately 14,164 ha [35,000 ac]) Luckenbach and Bury (1983). The tailed horned lizard use, because of the Open Areas. declines, however, were for the impacts of OHV activity on vegetation The California State Department of Colorado Desert fringe-toed lizard (Uma and soil characteristics; or (2) OHV Parks and Recreation (CSDPR 2002) has notata) and beetles, and did not include trails occur on sites not preferred by reported an increasing popularity of flat-tailed horned lizards or ants. flat-tailed horned lizards (e.g., barren OHV activity in California, with a 30 Similarly, the BLM (Knauf 2002) found ground with no plants or rocks). percent increase in dirt bike that preliminary results from a However, Gardner (2002) suggested that registrations, a 96 percent increase in comparative study on fringe-toed lizard OHV activity did not have an effect on the number of All-Terrain Vehicle abundance in OHV open and closed flat-tailed horned lizards at two registrations, and a 96 percent increase areas showed that abundance of fringe- different areas in the Ocotillo Wells in Dune Buggy and Sand Rail toed lizards in the OHV-used areas of SVRA, on the basis of observations. registrations from 1983 to 2000. The the Algodones Dunes was significantly Similarly, Grant and Wright (2002) number of 4 wheel-drive vehicles lower than in areas closed to OHVs. found that abundance of flat-tailed registered in the state increased 74 Research was conducted in creosote- horned lizards was more correlated with percent from 1994 to 2001. The dominated habitats in the Mojave percentage of sand cover than level of visitation rate to State Vehicular Desert. Researchers compared reptile OHV disturbance. Recreation Areas in California increased metrics (measures) between sites used In conclusion, while there has been 52 percent from 1985 to 2000. The differentially by OHVs and control sites some research on the adverse effects of Ocotillo Wells SVRA contains the (Bury et al. 1977). Bury et al. (1977) OHV activity on vegetation, soils, and majority of the greater than 36,423 ha found a significant decrease in numbers flat-tailed horned lizards, its (90,000 ac) in California’s six SVRAs. of reptiles on ORV-used areas compared applicability to flat-tailed horned lizard These upward trends in OHV use in with numbers on control sites in the populations is limited and unreliable, California can be expected to continue Mojave Desert. However, the highest because of the lack of scientific rigor as the U.S. Census Bureau estimates number of desert horned lizards associated with the research designs. California’s population to increase by 39 (Phrynosoma platyrhinos) on any one Additionally, the effects of OHV activity percent, from 32 million to 45 million plot occurred on a moderately used on flat-tailed horned lizard populations people by the year 2020. OHV site. In research conducted by both were not the primary research OHV activity can result in direct Busack and Bury (1974) and Bury et al. questions. Nevertheless, these studies mortality of flat-tailed horned lizards (1977), there appeared to be an inverse have utility in generating hypotheses and other sand dwelling lizards relationship between increased use of concerning variation in degree of OHV (Luckenbach 1975; Luckenbach and OHVs and the abundance of lizards. use and flat-tailed horned lizard Bury 1983; Muth and Fisher 1992). Road Grant and Wright (2002) reported that abundance. At this time, we feel that the mortality has also been documented to OHV use was negatively correlated with available studies do not collectively occur (Turner and Medica 1982, Muth flat-tailed horned lizard abundance on show that OHV activity causes declines and Fisher 1992, ICC 1999b, Young and 12 plots on the Yuha Basin MA; in flat-tailed horned lizard populations Young 2000). Flat-tailed horned lizards however, the correlation was not in the four different geographic areas in may be more prone to road and OHV statistically significant. the United States, or that adverse OHV caused mortality than other lizards due Research in the Ocotillo Wells SVRA impacts pose a significant threat to these their tendency to remain motionless found flat-tailed horned lizards at populations. Management activities, when approached. OHV activity can higher densities in non-sandy habitats including efforts to reduce conflicts also crush burrows used by flat-tailed than sandy habitats within the SVRA, with actions that impact flat-tailed horned lizards and modify habitat which differed from most other research horned lizard habitats, would be because of impacts to vegetation findings (Beauchamp et al. (1998). It enhanced by focused research. Impacts (Luckenbach 1975, Vollmer et al. 1976, was unclear, however, if flat-tailed of OHV activity on flat-tailed horned Bury et al. 1977, Luckenbach and Bury horned lizards were found in these lizard populations should be studied 1983, Wilshire 1983), soil disturbance atypical habitat types because they are using rigorous research designs to yield (Luckenbach 1975, Bury et al. 1977, more plastic in habitat use than conclusions with high degrees of Webb 1983, Strittholt et al. 2000); and previously thought, these habitat types certainty (Ratti and Garton 1994) introduction of non-native plants. are more available in the Ocotillo Wells regarding the effects of OHV activity on Past studies of OHV impacts on SVRA than other areas in which flat- flat-tailed horned lizard populations lizards (Busack and Bury 1974, Bury et tailed horned lizards have been studied, across the geographic areas previously al. 1977, Luckenbach and Bury 1983, or as a response to OHV activity mentioned. Klinger et al. 1990, Beauchamp et al. (Beauchamp et al. 1998). Beauchamp et The Management Strategy includes 1998, Setser and Young 2000, Setser al. (1998) stated that most of the sandy specific planning actions to ‘‘Maintain 2001, Gardner 2002, Grant and Wright areas were heavily affected by OHV information exchange and coordination 2002, Knauf 2002) have been largely activity compared to the habitat types of monitoring, management activities, inconclusive or cannot be readily where flat-tailed horned lizards were and research’’ and ‘‘Encourage and applied across the species’ range (i.e., more dense. support research that will promote the have limited inference space; Ratti and Setser and Young (2000) and Setser conservation of [flat-tailed horned Garton 1994). Luckenbach and Bury (2001) found flat-tailed horned lizards lizards] or desert ecosystems.’’ Research (1983) reported that a pronounced avoided OHV disturbed areas. However, priorities include techniques for reduction in flat-tailed horned lizard there was no difference in flat-tailed assessing abundance, life history, abundance around the Algodones Dunes horned lizard habitat use between areas demographics, and effects of activities had been anecdotally noted by within 10 m (33 ft) of OHV trails and (including OHV use and associated scientists. Marked declines in sites further away from OHV trails activities). The research is conducted by herbaceous and perennial plants, (Setser and Young 2000, Setser 2001). the appropriate land management arthropods, lizards and mammals in Setser and Young (2000) and Setser agency. We expect that future studies on OHV-used areas compared with nearby (2001) concluded that (1) OHV use these research priorities will provide the control areas were also reported by might render sites less suitable to flat- Service with the information necessary

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to reevaluate the status of the flat-tailed camp and ride OHVs to and from the and the Foothills was a threat. While the horned lizard and threats at a Dunes and around camp, and to a lesser expansion of these communities will population level. extent on the eastern periphery. The convert some flat-tailed horned lizard Dunes have heavy OHV use; however, habitat, 77 percent of the remaining East Side of Imperial Valley (California) surveys have shown that the Dunes have habitat is within the MA and 87 percent This geographic area is fragmented a low abundance of flat-tailed horned is managed by signatories to the CA. north to south by the New Coachella lizards (Turner et al. 1980, Luckenbach The remaining private land subject to Canal, which separates the East Mesa and Bury 1983, Wright 2002), even in development is adjacent to existing populations from peripheral Algodones the wilderness area of the Dunes urban and agricultural areas and is Dunes populations. Additional (Luckenbach and Bury 1983, Wright, fragmented. In addition, the potential fragmentation is caused by SR78, I–8, pers. comm. 2002). development of this land will not and the All American Canal running There has been loss of flat-tailed fragment or degrade the contiguous mostly in an east to west direction. On horned lizard habitat on the west side habitat remaining in the Yuma Desert the east side of the Algodones Dunes, of East Mesa due to geothermal MA, which comprises the majority of Ogilby Road further fragments the area, development on both BLM and private the flat-tailed horned lizard habitat in although to a far lesser degree, running land in an area termed the Known Arizona. For these reasons, the from I–8 to SR78. Geothermal Resource Area (KGRA). remaining private land does not East Mesa MA Historically, approximately 28,240 ha constitute a significant portion of the (69,760 ac) of potential flat-tailed range of the flat-tailed horned lizard in The East Mesa MA is 46,661 ha horned lizard habitat were subject to this geographic area. (115,300 ac) in size, and consists of geothermal development in the form of 43,869 ha (108,400 ac) managed by construction, maintenance and Yuma Desert MA signatories to the Management Strategy/ operation of geothermal powerplants Of the current habitat, 50,384 ha CA, and 2,792 ha (6,900 ac) of private within the KGRA. Ormesa LLC currently (124,500 ac) are within the MA. land. In 2001, BLM estimated that about operates six geothermal power plants Recently, 6,273 ha (15,500 ac) of 4.8 percent of the surface area in the and 80 geothermal wells on nearly 5,463 suitable habitat owned by the State of southern portion of the East Mesa MA ha (13,500 ac) of BLM land in the KGRA Arizona within the Yuma Desert MA was covered with OHV tracks (Wright (D. Campbell, Ormesa LLC Plant was acquired by the Department of 2002). Our disturbance analysis showed Manager, in litt. 2002). Defense, a signatory to the Conservation that, between 1997 and 2002, the Based on our review of currently Agreement. Consequently, the percentage area disturbed increased available information, we believe the Management Area is completely owned from 7.3 to 7.8, acreage of disturbance limited nature of the geothermal by signatories to the Management increased from 3,278 ha (8,099 ac) to activities discussed above and their Strategy. 3,311 ha (8,181 ac), and length of roads location on the periphery of East Mesa, increased from 224 km (140 mi) to 944 do not constitute a significant threat to A proposal for an Area Service km (590 mi). the species and/or its habitat such that Highway on the west side of the MA In 2001, BLM disturbance surveys the species warrants listing under the would reduce the MA by about 405 ha detected about 5 percent of the surface Act. (1,000 ac), because it would revise the area in the southern East Mesa MA to be MA boundary. The Area Service affected by agriculture, mining, and Yuma Desert (Arizona) Highway would further fragment habitat geothermal activity (Wright 2002). A The historic range of the species in on the west side of the MA by dividing live bombing area controlled by the U.S. Arizona was estimated at approximately it from the adjoining habitat outside the Navy, El Centro Naval Air Facility is 82,360 ha (203,520 ac) by Hodges MA. Because the Area Service Highway located in the northernmost portion of (1997), and 89,455 ha (221,043 ac) by will only contract the MA boundary on the MA. Based on our review of the AGFD (Duane Shroufe, AGFD one side by less than 1 percent, leaving currently available information, we Director, in litt. 2002). By 1997, Hodges the habitat in the MA contiguous, this believe the limited nature of the (1997) estimated about 69 percent impact does not constitute a significant activities discussed above, do not (56,780 ha [140,301 ac]) of the species’ threat to the species or its habitat such individually or collectively pose a historic range remained. Habitat losses that the species warrants listing under significant threat to the species and/or resulted from conversion to agriculture, the Act. its habitat such that the species warrants urbanization, and military use. AGFD The Yuma Desert MA is relatively listing under the Act. similarly estimates about 72 percent undisturbed compared to the (64,283 ha [158,844 ac]) of the historic Management Areas in California. Outside MA range currently remains in Arizona. Rorabaugh et al. (2002) randomly The Imperial Sand Dunes Recreation AGFD reported that approximately 3.7 surveyed the Management Area to Area is over 60,704 ha (150,000 ac) of percent of historic habitat has been lost assess human disturbance and found the habitat directly to the east of the East since 1996. Conversion of habitat to most common form was off-road-vehicle Mesa MA. Unrestricted OHV activity is agriculture has been the primary land tracks, which covered 2.9 to 3.4 percent permitted on more than 47,754 ha use responsible for the loss of habitat in of the surface area. The Marine Corps (118,000 ac) of the area, while about Arizona, eliminating about 17.5 percent Air Station-Yuma has a 66 ha (162 ac) 12,950 ha (32,000 ac) are designated as of historic habitat by 1997. Conversion target area called the ‘‘Moving Sands a wilderness area, with no vehicle use of habitat for urban and military use Target’’ within the MA. Based on our allowed. Habitat has been degraded in accounted for the loss of approximately review of currently available the open area of the Imperial Sand 11.1 percent and 2.5 percent of historic information, we believe the limited Dunes Recreation Area by OHV activity habitat, respectively (Hodges 1997). The nature of the activities discussed above, and associated camping. The main 1993 proposed rule noted that urban do not individually or collectively pose impacts to the population in this area and agricultural expansion into flat- a significant threat to the species and/ are most likely along the western tailed horned lizard habitat on the part or its habitat such that the species periphery of the Dunes, where people of the communities of San Luis, Yuma, warrants listing under the Act.

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Outside MA Mexico (CEDO 2001). Considerable Highline Canals between 1961 to 1964 Currently, there is an estimated habitat loss has occurred in the Mexicali (Bolster and Nicol 1989). Norris (1949) 14,876 ha (36,758 ac) of flat-tailed Valley in Baja California Norte where noted that near Palm Springs the horned lizard habitat outside the MA. urban and agricultural development capture of flat-tailed horned lizards was Of this habitat, 8,376 ha (20,697 ac) are extends from Mexicali to the Colorado not a common occurrence, and that owned by either the Arizona State Land River (Johnson and Spicer 1985, collecting was good if it yielded two Department, private interests, or the Foreman 1997). This development from flat-tailed horned lizards in one day. Cocopah Tribe. No immediate plans for Mexicali to the Colorado River together Collection of flat-tailed horned lizards development of this land are known; with the All American Canal, has has not been reported since 1964. isolated flat-tailed horned lizard habitat however, AGFD considers the land to be Because of the difficulty in locating on the Andrade Mesa in Mexico from vulnerable to development. The other these lizards, due to their cryptic East Mesa in the U.S. and also from the 44 percent is owned primarily by the Yuha Desert in Mexico. Habitat coloration and tendency to remain BOR, which is a signatory agency of the fragmentation also has resulted from a motionless when approached, no threat Conservation Agreement, so the land is variety of human activities, such as the of overutilization of this species is less likely to be developed (Shroufe in creation of roads and highways. Other known or expected in the future on litt. 2002). However, approximately potential threats to the habitat of the either public or private lands. Collection 6,475 ha (16,000 ac) of habitat managed flat-tailed horned lizard include for the pet trade has not been identified by the BOR are within the ‘‘5-Mile invasion of non-native plants such as as a threat to the species. Zone’’ of the international border with Russian thistle (Salsola kali), mustards C. Disease or Predation Mexico, which has been identified by (Brassica spp.), and salt cedar; cattle the City of San Luis in their General grazing in the Gran Desierto/Pinacate Management Plan for potential While disease is not known to be a region; and the increasing use of OHVs threat to flat-tailed horned lizard development (Robert Kritzstein, BLM, in in sandy plains, dunes, and back-roads litt. 2002). These lands do not comprise persistence, flat-tailed horned lizards (CEDO 2001). However, the effects of are depredated by a variety of predators. a significant percentage of the flat-tailed these threats have not been adequately horned lizard habitat in this geographic Flat-tailed horned lizard predators documented (CEDO 2001). include loggerhead shrikes, round-tailed area, and the potential development of In conclusion, after considering all this land will not fragment or degrade the current available information, we ground squirrels, grasshopper mice, the contiguous habitat remaining in the have determined that the threats snakes, canids, American kestrels, Yuma Desert MA. Therefore, these identified under Factor A are not common ravens, and burrowing owls activities do not constitute a significant significant enough to conclude that the (Muth and Fisher 1992, Duncan et al. threat to the species or its habitat such flat-tailed horned lizard is likely to 1994, Young and Young 2000). Round- that the species warrants listing under become endangered throughout all or a tailed ground squirrels were the Act. significant portion of its range in the documented as the main predator of Invasion of non-native plants into the foreseeable future. However, the flat-tailed horned lizards during desert systems has been noted as a Coachella Valley has experienced a research conducted in California (N = threat (Hodges 1997, Shroufe in litt. significant amount of habitat 19; Muth and Fisher 1992) and Arizona 2002). Non-native species that have curtailment and there is the potential for (N = 26; Young and Young 2000), with become prevalent in certain areas of the significant habitat destruction in the loggerhead shrikes being the second Sonoran Desert include Schismus immediate future, because of the most common predator. The 1993 barbatus (Mediterranean grass) and predominant private ownership of proposed rule noted that Bolster and Brassica spp. (mustard). In Arizona, habitat and the rate of development in Nicol (1989) suggested that predation of high densities of Mediterranean grass the Coachella Valley. The available data flat-tailed horned lizards near currently appear limited to disturbed do not suggest that habitat modification agricultural areas and urban areas may areas in proximity to Yuma (Shroufe in by OHV use threatens the flat-tailed be elevated because of the presence of litt. 2002). These species can become horned lizard on the west side of the house cats in urban areas and the dense and effectively stabilize substrates Salton Sea/Imperial Valley and east side abundance of loggerhead shrikes and that were once loose sand, likely of the Imperial Valley. We conclude that reducing flat-tailed horned lizard the Arizona population is not likely to other predatory birds in croplands. We habitat quality. Increased fuel load for become endangered within the were unable to find any documentation fire is also a concern with these non- foreseeable future, because the low suggesting that house cats increased native plant species, and the effects of percentage of lands in private mortality rates for flat-tailed horned a new fire regime on the desert ownership makes for a low degree of lizards adjacent to urban areas. ecosystems and ultimately the flat-tailed threat from development. Further, OHV Increased predation rates on flat-tailed horned lizard is unknown. Because of use has not been shown to be a threat horned lizards by loggerhead shrikes the limited extent to which non-native to populations here and this geographic and American kestrels have been plants have established themselves in area experiences a relatively low level of reported in localized areas where flat-tailed horned lizard habitat in this OHV activity. human-provided perches (e.g., power geographic area, this threat does not lines or palm trees) have been used by B. Overutilization for Commercial, warrant listing the species under the Recreational, Scientific, or Educational shrikes and kestrels as points from Act. Purposes which to hunt (Young and Young 2000, Mexico Barrows pers. comm. 2002). Despite In the past, scientists have reported this, available evidence does not suggest At this time, much less is known on collection of flat-tailed horned that predation has caused a significant about the threats of habitat loss and lizards. The most noted example was threat to the persistence of the species modification in Mexico. Urban and the collection of 381 flat-tailed horned in any part of its range, public or agricultural farming are the most lizards along an 11.3 km (7 mi) stretch private. immediate threats to the species in of SR78 between the Coachella and East

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D. The Inadequacy of Existing be approved that cause significant Dunes, in which the flat-tailed horned Regulatory Mechanisms environmental damage, such as lizard occurs in low numbers (Wright Existing mechanisms that could destruction of listed endangered species 2002), therefore offering little protection provide some protection for the flat- or their habitat. Protection of listed to the flat-tailed horned lizard. The tailed horned lizard include the species through CEQA is, therefore, range of the federally threatened desert following: (1) State laws, including the dependent upon the discretion of the tortoise may marginally overlap with California Endangered Species Act agency involved. the flat-tailed horned lizard in certain The flat-tailed horned lizard may (CESA) and CEQA, and the Arizona parts of the Coachella Valley, near the receive some level of protection through State List of Wildlife of Special Concern east side of the Salton Sea and the east the Act because of overlapping ranges or and Arizona Game and Fish side of the Algodones Dunes; however, proximity to other federally listed no conservation value to the flat-tailed Commission Order 43; (2) Federal laws species in California. These species horned lizard should be expected. and regulations, including the National include Coachella Valley fringe-toed Through NEPA and the Fish and Environmental Policy Act (NEPA), the lizard (Uma inornata), Coachella Valley Wildlife Coordination Act, we may Endangered Species Act in those cases milk-vetch (Astragalus lentiginosus var. recommend discretionary conservation where this species occurs in habitat coachellae), Pierson’s milk-vetch measures to avoid, minimize, and offset occupied by other listed species, and (Astragalus magdalenae var. peirsonii), impacts to fish and wildlife resources the Fish and Wildlife Coordination Act; bighorn sheep in the Peninsular Ranges resulting from Federal projects and (3) local land use processes and (Ovis canadensis), and desert tortoise water development projects authorized ordinances; (4) the Flat-Tailed Horned (Gopherus agassizii). by the U.S. Army Corps of Engineers. Lizard Rangewide Management Strategy The federally threatened Coachella The Management Strategy/CA has and associated Conservation Agreement; Valley fringe-toed lizard is restricted to been the main regulatory mechanism (5) regional planning efforts such as the the Coachella Valley, but its distribution established for the conservation of the Coachella Valley Multi-Species Habitat overlaps with the northern portion of flat-tailed horned lizard throughout its Conservation Plan; and (6) foreign laws the flat-tailed horned lizard’s range in range. The Management Strategy/CA and regulations in Mexico, including the Coachella Valley. However, the flat- was signed in 1997 and included an the Mexican Endangered Species List. tailed horned lizard may use additional extensive list of planning actions The State of California considers the habitat within the Coachella Valley in developed as recommendations to flat-tailed horned lizard a species of which the fringe-toed lizard does not management agencies to ensure special concern, but it is not listed as occur. In addition, the majority of population viability within each MA threatened or endangered under CESA. suitable habitat in the Coachella Valley (Foreman 1997). A caveat of the Consequently, the species receives no in which both the fringe-toed lizard and Management Strategy, however, was protection under CESA. In California, flat-tailed horned lizard occur is not that the implementation of these actions the management of Anza-Borrego Desert protected. Only 2,150 ha (5,314 ac) of is subject to availability of funds and State Park is favorable for the suitable flat-tailed horned lizard habitat compliance with all applicable conservation of the flat-tailed horned is protected as part of the Coachella regulations. In addition, the CA is a lizard because of the emphasis placed Valley Fringe-toed Lizard Preserve voluntary agreement to implement the on resource protection and regulations System (Coachella Valley Mountains Management Strategy; a signatory limiting OHV activity to designated Conservancy 2001). The federally agency may withdraw from the CA after trails. endangered Coachella Valley milk-vetch giving the other signatories 60 days’ The States of California and Arizona also co-occurs with the flat-tailed notice. prohibit the collection of flat-tailed horned lizard only within the Coachella Some of the planning actions have not horned lizards pursuant to California Valley and offers no additional yet been implemented. The planning Code of Regulations, Title 14, Section conservation beyond that provided by action to ‘‘limit vehicle access and limit 5.60, and Arizona Game and Fish the fringe-toed lizard. However, projects route proliferation within MAs,’’ has not Commission Order 43, except by permit. in which there is a Federal action that been achieved. No action has been taken The AGFD has included the species on may affect one or both these species are regarding the planning subactions to the draft List of Wildlife of Special subject to Section 7 consultation with designate all routes either open, closed, Concern in Arizona, which Arizona uses the Service under the Act. Section 7 or limited; and to reduce open and to prioritize species for planning and consultations on the Coachella Valley limited route density in MAs (Shroufe funding purposes. No state regulations fringe-toed lizard and/or Coachella in litt. 2002, Wright in litt. 2002), in Arizona protect the habitat of this Valley milk-vetch may indirectly despite these subactions’ being ‘‘priority species at this time. provide ways to avoid or minimize 1’’ actions. Priority 1 actions are defined CEQA requires review of any project adverse impacts to the flat-tailed horned in the Management Strategy (Foreman that is undertaken, funded, or permitted lizard in addition to the targeted 1997) as ‘‘action[s] that must be taken in by a State or local governmental agency. species. the near term to conserve the species If a project with potential impacts on The federally endangered bighorn and prevent irreversible population the flat-tailed horned lizard were sheep of the Peninsular Ranges and flat- declines.’’ The lack of enforcement to reviewed, CDFG personnel could tailed horned lizards may overlap in ensure closed and limited use areas is determine that, although not listed, the habitat use at the edge of both of their the primary deficiency of Management lizard is a de facto endangered, ranges, where there is suitable habitat Strategy implementation. Should future threatened, or rare species under section for both species in close proximity to research demonstrate that OHV use 15380 of CEQA. Once significant effects the toe of slope of the mountains. poses a significant threat to the species, are identified, the lead agency has the However, the benefit to the flat-tailed these deficiencies may need to be option of requiring mitigation for effects horned lizard provided by the corrected to avoid the species being through changes in the project or protection of bighorn sheep in the listed in the future. deciding that overriding considerations Peninsular Ranges is inconsequential. While some important planning make mitigation infeasible (CEQA Sec. The federally endangered Pierson’s actions in the Management Strategy 21002). In the latter case, projects may milk-vetch is restricted to the Algodones have not yet been implemented, the

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actions that have been and are being States. However, the boundaries are not however, ant colonies rapidly recovered implemented do provide protection for well established, and enforcement of (Peterson in litt. 1991). The Biological the flat-tailed horned lizard and its regulations is minimal. Opinion estimated the program could habitat and have contributed to In conclusion, currently available affect up to 141,643 ha (350,000 ac) of reductions in specific threats to the information does not indicate that flat-tailed horned lizard habitat outside species. Most planning actions listed in inadequate regulatory mechanisms the MAs; however, most treatments are the Management Strategy were necessitate listing the species under the localized. implemented between the period of May Act. However, if flat-tailed horned Historically, treatments in the 1997 and June 2002 (see our response to lizard populations are found to be Imperial Valley are necessary 1 out of comment 3). The Management Strategy declining in the future, it would be every 3 years, and the area treated may actions that contributed the most to the prudent to revisit the adequacy of the vary from 50 to a few thousand hectares conservation of flat-tailed horned regulatory mechanisms mentioned (100 to several thousand acres) (CDFA lizards were the exclusion of pesticide above, including the Management 2000). The most recent treatments in the spraying within MAs, exclusion of Strategy. Imperial Valley were in 1998 and 1991, when 2,388 ha (5,900 ac) and 2,891 ha competitive recreational events within E. Other Natural or Manmade Factors (7,143 ac), respectively, of flat-tailed MAs, efforts to develop and implement Affecting Its Continued Existence a monitoring strategy, and horned lizard habitat were sprayed compensation for project impacts to flat- Pesticide spraying associated with the (CDFA 2000). tailed horned lizard habitat. Curlytop Virus Control Program to Because of the limited extent of area The actions that have been and are control the beet leafhopper (Circulifer sprayed, the prohibition of spraying on being implemented on the MAs do tenellus) (Curlytop Program) on the east MAs, the long intervals between provide protection for the flat-tailed and west sides of the Salton Sea and applications, and the apparently horned lizard and its habitat in each of Imperial Valley, is a threat because of its temporary nature of the adverse affects, the four geographic areas, except the effects on the ant prey base for flat- we do not believe the Curlytop Program Coachella Valley, in which the flat- tailed horned lizards. In the 1993 to be a threat to the species throughout tailed horned lizard occurs. proposed rule, this threat was identified all or a significant portion of its range Additionally, the Management Strategy as having an impact mainly the East to the extent that the flat-tailed horned has contributed to reductions in specific Mesa and Yuha Desert. Since the lizard would be likely to become in threats to the species, and to the proposed rule, the threat from pesticide danger of extinction in the foreseeable viability of the flat-tailed horned lizard spraying has been reduced by a BLM future. However, because the study in each of the five MAs and ultimately Record of Decision on the Curlytop conducted by CDFA (mentioned earlier) the four geographic areas. Current Program in 1997 and 2002 to prohibit was cursory, we recommend further available information does not indicate pesticide spraying within MAs. The monitoring of ant colonies and flat- that the viability of the flat-tailed Curlytop Program or a similar program tailed horned lizard populations in horned lizard in each of the geographic has not been conducted in the Arizona treated and adjacent areas. areas in which it occurs, with the geographic area of the species range The potential adverse impacts exception of the Coachella Valley, is (Minch, Arizona Department of Food associated with drought were dependent on full implementation of and Agriculture, pers. comm. 2002). mentioned in the 1993 proposed rule. the Management Strategy. However, the Curlytop Program persists The threat that localized areas may Regional Habitat Conservation Plans outside MAs and its direct, and indirect experience long-term drought resulting in preparation by the Coachella Valley effects on flat-tailed horned lizard in decreased local flat-tailed horned Association of Governments and the populations outside the MAs are not lizard populations still exists. Agua Caliente Band of Cahuilla Indians known in any detail. Foreman (1997) In our 1993 proposal to list the flat- would conserve a yet-to-be-determined stated that the effects of applying broad- tailed horned lizard as threatened, we amount of flat-tailed horned lizard spectrum insecticide to desert scrub identified numerous potential threats to habitat, leaving the rest subject to communities over many years are the species and its habitat as the development. These Habitat potentially many and complex. rationale for believing that the listing of Conservation Plans are in progress and Pesticide/herbicide drift from croplands the flat-tailed horned lizard was are subject to approval in the future; also has the potential to adversely affect warranted. In this withdrawal, we have therefore, their completion and plant communities adjacent to spoken directly to many of the threats implementation cannot be relied upon agricultural areas (Foreman 1997). discussed in our 1993 proposal in for conservation purposes. The California Department of Food addition to other information that has The species is listed in the official and Agriculture’s Joint Environmental become available since the publication Mexican Endangered Species List as Assessment proposed that the Curlytop of that proposal. We did not, however, threatened (CEDO 2001). Consequently, Program is likely to have no direct speak directly to all threats because we the species is protected from collection, adverse effect to flat-tailed horned lizard believe, based on our review of sale, and commerce, and its habitat is populations, because studies (Hall and currently available and credible afforded special protection in Mexico. Clark 1982, Peterle and Giles 1964, and information, that the threats not directly The majority (about 60 percent) of the Giles 1970; all cited in CDFA 2000) have discussed here no longer pose a species’ range in Mexico lies within two shown various lizard species have a significant threat to the species and/or Mexican Federal natural protected high tolerance of malathion. However, its habitat individually or in areas: The Upper Gulf of California and indirect effects of the Curlytop Program combination such that the species Colorado Delta Biosphere Reserve, and to ant populations were noted as being warrants listing under the Act. the Pinacate and Gran Desierto de Altar a concern in the associated Biological Biosphere Reserve (CEDO 2001). The Opinion (11430–2002–7FCC–2365.1). Finding National Park of Pinacate is an area The Curlytop Program included The species was proposed as administered by the Mexican monitoring of ant colonies in 1991. threatened in 1993 because much of the government with use restrictions similar Malathion was found to negatively habitat of this species was reported to to those of a national park in the United affect ant colonies temporarily; have been lost, fragmented, or degraded

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by human use; and relative densities of the species range overall, including impacts pose a significant threat to these were reported to have declined in at Mexico); and (2) high level of habitat populations. least one of five optimal habitat areas. fragmentation. In addition, current We conclude the Arizona population Much of the species’ habitat has been scientific evidence does not suggest that is not likely to become endangered lost, fragmented, or degraded, but the Coachella Valley population is within the foreseeable future, because of available data concerning population genetically, behaviorally, or ecologically the relatively low level of OHV activity abundance, trends, and threats do not unique; nor does it appear to be a large in this geographic area and the low indicate that because of this habitat loss population of flat-tailed horned lizards degree of threats from development due and degradation the species is likely to or contribute individuals to other to the low percentage of lands in private become endangered within the geographic areas through emigration. ownership. foreseeable future throughout all or a Currently, the only geographic areas Following our above analysis and significant portion of its range. that have relatively large amounts of discussion, we have determined that the The information on population trends flat-tailed horned lizard habitat on presented in the 1993 proposed rule was action of listing the flat-tailed horned private lands are the Coachella Valley lizard as threatened throughout its range derived in part from scat count data and the west side of Salton Sea/Imperial collected between 1979 and 1991. We as proposed in 1993 is not warranted. Valley. The Coachella Valley is We have made this determination no longer consider the use of these scat discussed above. Currently available counts reliable for this purpose, as because the threats to the species, as information does not suggest that identified in the proposed rule, are not previously discussed in this rule. development of private lands on the Therefore, we do not consider scat as significant as earlier believed, and west side of Salton Sea/Imperial Valley current available data do not indicate counts useful or reliable indicators of poses a threat in the foreseeable future. population abundance. Currently that the threats to the species and its The only towns in this geographic area available data do not suggest that flat- habitat are likely to endanger the are Borrego Springs, Ocotillo, Ocotillo tailed horned lizard populations are species in the foreseeable future Wells, and Salton City. The largest of declining in any of the geographic areas. throughout all or a significant portion of On the basis of the analysis of the five these towns is Borrego Springs with a its range. Consequently, we withdraw factors for the four different geographic population of approximately 3,000 our 1993 proposal to list the flat-tailed areas in which the flat-tailed horned people. It is likely the size of these horned lizard as threatened throughout lizard occurs in the U.S., we conclude towns will not change significantly in its range. the foreseeable future. Therefore, we that the species is in danger of References Cited extirpation within the Coachella Valley, conclude that the threat of development because of the large amount of habitat of private lands in areas other than the A complete list of all references cited loss, the drastic curtailment of its range, Coachella Valley is not significant is available at the Carlsbad Fish and a high degree of fragmentation of enough to endanger the species within Wildlife Office (see ADDRESSES above). remaining habitat, and the threat of the foreseeable future throughout a Author habitat loss in the foreseeable future. significant portion of its range. While we have determined that the In addition, currently available data The primary author of this document population of flat-tailed horned lizards do not suggest that the flat-tailed horned is the Carlsbad Fish and Wildlife Office in the Coachella Valley is endangered lizard is likely to become an endangered (see ADDRESSES above). with extinction within the foreseeable species within the foreseeable future on future, we have concluded that the the west side of the Salton Sea/Imperial Authority current distribution of the flat-tailed Valley and east side of Imperial Valley. The authority for this action is section horned lizard in the Coachella Valley The primary potential threat to the flat- 4(b)(6)(B)(ii) of the Endangered Species does not constitute a significant portion tailed horned lizard identified for these Act of 1973, as amended (16 U.S.C. 1531 of the species’ range. We have made this areas is OHV use. As discussed under et seq.). determination based on the following: Factor A in the ‘‘Summary of Factors (1) Small extent of flat-tailed horned Affecting the Species’’ section, we Dated: December 24, 2002. lizard habitat in the Coachella Valley believe the available studies do not Steve Williams, relative to the overall range of the collectively show that OHV activity Director, U.S. Fish and Wildlife Service. species (approximately 3 percent of the causes declines in flat-tailed horned [FR Doc. 03–19 Filed 1–2–03; 8:45 am] range in the U.S., and roughly 1 percent lizard populations, or that adverse OHV BILLING CODE 4310–55–P

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