Please Cite Any Substantiating Scientific Studies

Endangered Species Coalition 2016 Top 10 Report Nominating Form Deadline: September 12, 2017 General Information Nominating Organizations: Please use this Column to Provide the Requested Information 1 Organization & Web address Center for Biological Diversity (www.biologicaldiversity.org) 2 Contact name Chris Nagano 3 Address P.O.B. 11374, Portland, OR 97211

4 Email & phone [email protected] 5 Communications staff contact name (if Jim Cronin different from above) 6 Email & phone [email protected]; [email protected] Species Information 7 Common name, genus, and species Dunes sagebrush Lizard (Sceloporus arenicolus) 8 Geographic range Restricted to the Mescalero and Monahan Dune Systems in southeastern New Mexico and west Texas 9 Conservation status New Mexico: Endangered; Texas: None; Federal: None 10 Remaining population size Unknown but this species is entirely restricted to approximately 523,000 acres in New Mexico and 217,640 acres in Texas. These figures are almost certainly an overestimate as scientific studies have found the animal requires specific habitat conditions that are contained in a fraction of the dune systems. Report Questions 11 Can you provide high-resolution photos? Yes - photo credit U.S. Fish and Wildlife Service. http://pbpa.info/wp- content/uploads/2011/07/DunesSagebrushLizard2-1024x500.jpg 12 If your species is selected, will you use the Yes report to advocate for the species? 13 5 free reports provided; additional copies = ~$2.60/each. If you’d like additional copies, how many (bulk orders may be cheaper)? Public Engagement Questions (Please explain why the species is interesting, why it matters, why decision-makers + the public should care.) 14 Provide background information, including The insectivorous pale-colored dunes sagebush lizard is about 2.5 inches in length. interesting facts, for the species profile. The three populations in southeastern New Mexico and the one population in west Texas are found only within shinnery oak dune habitat in the Mescalero and Monahan Dune systems. The population in Texas has been found to have genetic differences Please cite any substantiating scientific studies from the populations in New Mexico. 15 What is your organization’s most important Undeniable and brazen politically-motivated interference has led to the current status lead message for the public about this of the dunes sagebrush lizard. The conservation plan prepared by the Texas species’ decline to be included in the report? Comptroller’s Office and approved by the U.S. Fish and Wildlife Service lacks scientific rigor and nominal protective measures for this species. The failure to complete even the minimal requirements of the plan led to the State of Texas firing the organization hired to implement it. This fact coupled with the unforeseen and on-going mining of sand for fracking continues to imperil the dunes sagebrush lizard. 16 Is your NGO saving the species? If yes, how? Yes. We continue to assess the threats to the species, monitoring the status of the conservation plan in Texas and conservation agreement in New Mexico, as well as tracking on-going habitat loss. 17 How can individuals help? Please be specific. Advise the Texas State Comptroller’s Office of their concern for the survival of the dune sagebrush lizard and urge the U.S. Fish and Wildlife Service to protect it under the Endangered Species Act. Support the campaign by the Center for Biological Diversity and Defenders of Wildlife to save this special lizard. 18 What action should the new administration The dunes sagebrush lizard should be immediately listed under the Endangered take to save the species? How can they Species Act of 1973, as amended. accomplish this action? Criteria-specific Questions Part 1 – Please answer N/A or “see above/below” if appropriate. 19 Detail the ecological importance of the Due to its evolutionary and ecological history, the dunes sagebrush lizard only inhabits species. Does it play a critical function in its the Mescalero and Monahan Sand Dunes in the southwestern United States. It is a ecosystem? How does the ecosystem unique indicator species of these two dune systems. The dunes sagebrush lizard depend on this species (e.g., keystone provides food for predatory birds and mammals, and some snake species, and feeds predator, keystone pollinator, ecological on insects and other invertebrates. engineer, refugia provider, etc.)? 20 Detail information on any social or economic The genetic study of the dunes sagebrush lizard and related species has resulted in a benefits the species provides—e.g., clean greater understanding of biological evolution, including the effect of past geological water, recreation, medicine, etc. (Optional) events, such as the Pleistocene cold and warm periods (= glacial and interglacial periods). Increased understanding of the genetics of this species likely will result in the identification of areas of the Mescalero and Monahan Dunes that are critically important for conservation. 21 Can the species be an ambassador for its Yes. The dunes sagebrush lizard is an indicator of the health of the Mescalero and habitat or taxonomic group? If yes, detail. Monahan Dune systems. Conservation of this species likely will result in the protection of other unique inhabitants of these Dunes, including an endemic tiger Please cite any substantiating scientific studies beetle and a june beetle. Judge’s Score for Importance of Species: 22 Describe the specific threat(s) to the species. The dunes sage brush lizard faces a constellation of threats in the form of wind and What are the greatest impacts? solar energy development, off-highway vehicle use, overgrazing and shinnery oak removal, and especially oil and gas development. Despite the implementation of the conservation plan in Texas, powerline, road, and well pad construction continues within the habitat of the species. Recently, sand mining has been implemented within dunes sagebrush lizard habitat in Texas. The sand is used as part of the process for oil fracking. 23 If not described above, detail the current It is difficult to assess the decline of the lizard in Texas due to the secretive nature of and projected decline of the species. the conservation plan. However, construction of oil and gas infrastructure in the form of roads, powerlines, and gas wells, as well as sand mining have been documented. In 2016, the Texas Comptroller’s Office fired the organization that they had hired to implement the conservation plan due to their failure to restore impacted habitat and other required mitigation measures. Oil and gas activities will continue to eliminate and fragment dunes sagebrush lizard habitat. 24 If not described above, detail the status of the species’ habitat(s). What are the threats, if any? Is there adequate connectivity? 25 Describe the timing of the species’ threat(s). The threats to the dunes sagebrush lizard are ongoing and will increase in magnitude in Is it a current, eminent, or future threat? the near future. The recent initiation of sand mining within areas containing high quality habitat will place additional pressures on the survival of this animal in Texas. Judge’s Score for Severity and Extent of Threat:

KEY QUESTIONS FOR NOMINATION: Criteria-specific Questions Part 2 – Please answer N/A or “see above/below” if appropriate. 26 What does the science on this species The U.S. Fish and Wildlife Service has dragged its feet in protecting the dunes indicate was the correct ESA decision? sagebrush lizard as required under the Endangered Species Act. In 1982, the Service designated the animal as a category 2 candidate species; the available information indicated that a proposed listing was possibly appropriate, but sufficient data on its biology and threats was not currently available. The agency rescinded this designation based on new information in 1985, but then re-designated it as a category 2 species in 1994, and then in 2001 gave notice that it had a priority of 2 for listing because the “magnitude and immediacy of the threats to the species are high.” The Please cite any substantiating scientific studies Center for Biological Diversity submitted a petition to list the dunes sagebrush lizard to the Service in 2002. In 2004, the Service issued a 12-month finding in which they concluded that listing was warranted but precluded by higher priority listings. The Service issued a proposed rule to list the species in 2010. In 2012, the Service withdrew the proposed rule to list the dunes sagebrush lizard due to political pressure.

The withdrawal of the proposed rule to list the dunes sagebrush lizard was largely based on a candidate conservation agreement for the species in New Mexico, and a conservation plan for Texas that was prepared under the leadership of Susan Combs, the then Texas State Comptroller. The former U.S. Fish and Wildlife Service’s State Supervisor for Texas is on the written record stating that there is no scientific basis for the withdrawal. The former Regional Director said “There is no way we were going to list the lizard in the middle of oil country during an election year.” However, despite this information, in 2016 the D.C. Circuit Court determined that the U.S. Fish and Wildlife Service did not wrongly rely on the Texas conservation plan in its withdrawal of the proposed rule and it ruled in favored of the Service. 27 How was the science not followed? What The Texas conservation plan only describes conservation commitments for the dunes was the ultimate decision that was made (or sagebrush lizard in vague terms, making it impossible to determine which ones will be not made)? implemented. The commitments are clarified in private certificates of inclusion for each property enrolled under the plan. However, under Texas law, the certificates are not available to the public or the U.S. Fish and Wildlife Service for review. The only exception is the certificate for ConocoPhillips, which the company voluntarily disclosed. The remaining landowners have little incentive to join the conservation plan given the fact that the withdrawal of the proposed rule to list the lizard removed the threat of any restrictions to their activities. 28 Why was the science not followed? Indicate The U.S. Fish and Wildlife Service was unwilling to use only science to evaluate the if there is an associated political threat from magnitude of the threats to the dunes sagebrush lizard and fulfill its responsibilities industry groups, members of Congress, under the Endangered Species Act. Private, local and State officials, as well as State and/or states. agencies made clear their concerns regarding the perceived economic effects of listing this animal. The unprecedented response by the Service was to approve the vague and inadequate conservation agreement that was prepared by the State of Texas. 29 What is the impact of the political meddling The actions of the U.S. Fish and Wildlife Service have affected not only the survival in the decision on the species? What has and recovery of the dunes sagebrush lizard, but have far reaching implications for

Please cite any substantiating scientific studies occurred as a result of not following other imperiled plants and animals. Recently, sand mining has been implemented on scientific recommendations on the private lands within the habitat of this species in Texas. The State of Texas advised management of the species? the U.S. Fish and Wildlife Service that this activity was not evaluated within their conservation plan nor was it reviewed in the Service’s review of the conservation agreement. In their notification to the Service, Texas stated they have no authority to regulate the sand mines or even know who the owner is of one mine. The Service has not made a public statement regarding the effect of the sand mining on the dunes sagebrush lizard. Given the puzzling decision of the D.C. Circuit Court, the U.S. Fish and Wildlife Service has little incentive to require conservation plans to address and mitigate the threats to candidate species, including the California spotted owl and the Sierra Nevada red fox. Under the Trump administration, political meddling with endangered species is likely to be common place as Susan Combs, the former Texas comptroller, has been nominated to be assistant secretary of the Interior for policy, management and budget. Judge’s Score for Severity of Political Interference: Judge’s Final Score

Please submit to [email protected] by September 12, 2017, and thank you for participating in the 2016 Top 10 Report.

Please cite any substantiating scientific studies