Fish & Wildlife responds to CBD petition

[SailAway]

The Fish & Wildlife's response to the Center for Biological Diversity's fringe toed lizard petition was posted in today's Federal Register. I've only had time to read it once quickly and I see good news and bad news in it, but overall nothing that should send us all running for cover. On the other hand, we cannot and must not take it lightly either.

Here's the link to the finding. Please read it and post questions here.

http://a257.g.akamaitech.net/7/257/2422/01...8/pdf/E8-28.pdf

For some reason I'm having trouble cutting and pasting the portions that really need attention and I'm out of time right this minute. I will address this as soon as possible this morning though and will start posting items I think we need to note immediately.

The more eyes on this the better, of course, so please read this on your own and post as many comments and questions as possible.

Vicki

[Mr. Edgy]

None of this sounds very promising to me. Over the years different areas designated as open or public lands have been closed due to ESA BS. If these species exist at a now closed area, IE: Ibex or Coyote Hole, then why are other areas targeted. Aren't there already closures in effect that will help proliferate these "endangered" species??????

The "Wilderness "area north of Hwy 78 at ISDSRA was closed during the 70's. Approx 1/3 of the dunes. I find it hard to believe that a 2 lane ribbon of asphalt can stop the migration of fuana and flora. The same species that live north of the 78 also exist south of it. If that asphalt road is so effective at stopping the migration of species....we should pave a road along our southern border. It would cost a lot less and apparently be far morer effective than a border fence or Border Patrol. :rant_on: :rant_on:

Are public lands only open to CBD or Sierra Club members? If you own an OHV there is no such thing. Who pays the brunt? All we ever get is

[ynot]

Pete, I beleieve this post should be pinned! This is where we are all going to have to band together to keep this from happening. The more people that know about it the better.

Terry

[dunefreak]

Pete, I beleieve this post should be pinned! This is where we are all going to have to band together to keep this from happening. The more people that know about it the better.

Terry

not a problem, Terry.

[Richard Cheese]

here is what i have found........................

We find that the petition presents substantial scientific or commercial information indicating that

listing this population may bewarranted. Therefore, with thepublication of this notice, we areinitiating a status review of theAmargosa River population of theMojave fringe-toed lizard, and we willissue a 12-month finding on ourdetermination as to if the petitionedaction is warranted. To ensure that thestatus review of the Amargosa Riverpopulation of the Mojave fringe-toedlizard is comprehensive, we aresoliciting scientific and commercial dataregarding this species. We will make adetermination on critical habitat for this

species if, and when, we initiate alisting action.

and if you care to comment WITH supporting information here is the information. so if you know for a fact that the armagosa river area isnt the only habitat for the Mojave fringe-toed lizard...speak up and let them know where else it is found. the more areas this lizard is found in...the better for us

by one of the following methods:

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the

instructions for submitting comments.

• U.S. mail or hand-delivery: Public

Comments Processing, Attn: RIN 1018–

AV02; Division of Policy and Directives

Management; U.S. Fish and Wildlife

Service; 4401 N. Fairfax Drive, Suite

222; Arlington, VA 22203.

We will not accept e-mail or faxes. We

will post all comments on http://

www.regulations.gov. This generally

means that we will post any personal

information you provide us (see the

Public Information Solicited section

below for more information).

FOR FURTHER INFORMATION CONTACT:

Diane Noda, Field Supervisor, Ventura

Fish and Wildlife Office, U.S. Fish and

Wildlife Service, 2493 Portola Road,

Suite B, Ventura, CA 93003; telephone

805–644–1766 ext. 319; facsimile 805–

644–3958

i found this amusing

We received a petition dated April 10,

2006, from the Center for Biological

Diversity and Ms. Sylvia Papadakos-

Morafka ma faka!!!

requesting that the Mojave

fringe-toed lizard (Uma scoparia)

occurring in the Amargosa River area of

San Bernardino County, California, be

listed as a threatened or endangered

distinct population segment (DPS)

under the Act.

here is something that i think fall in our favor

Dispersal of Mojave fringe-toed lizards between populations is poorly

studied

but this works against us

but based on observed movements and limited ability of the species to cross unsuitable habitat, it is

unlikely that isolated populations interact. No specimen of Uma has been captured more than a very short

distance 148 feet (ft) (45 meters (m)) from wind-blown sand deposits

all for now from the cheese center for duner habitat diversity

[SailAway]

I just finished up a lengthy phone call with Fish & Wildlife and confirmed some information and received new information.

What I want to stress here, and what was stressed to me is, that this initial finding is precisely that... an initial finding. It is a first step in a very long and very involved process, a very necessary step and, well, an inevitable step.

What I'm trying to say is, while we need to respect this decision and start making a (more) concerted effort to protect ourselves, this decision does not spell doom and gloom for us.

Unless a petition is presented that is a complete farce, something totally filled with fantasy and completely beyond reason, the decision could not have been any different.

Fish & Wildlife is not saying the lizard should or will be listed... they are only saying that the petition's paperwork was in proper order and commands them to take a closer look.

That said...

What we as a community need to do now is, we need to focus on this petition and take a proactive approach to the situation. Fish & Wildlife is charged with protecting species, all species. If they only have on faction telling them how to do that, they will have no choice but to believe them.

We need to step up and step in. We need to work with the BLM and Fish & Wildlife and prove that there is no reason for federal protection and that this species is and will remain healthy without any intervention from Fish & Wildlife.

Okay, so how do we do that? Well, the first step is to submit comments within the next 60 days. Scientifically based comments would be dandy but all comments are welcome and helpful. For instance, someone who has been riding in Dumont for 30 years could write in and tell them where and when they've seen these lizards.

Now... there is a statement in this Federal Register Notice that reads:

Please note that comments merely stating support or opposition to the action under consideration without providing supporting information, although noted, will not be considered in making a determination.[/i]

What that means is, sending a nasty note saying we hate what they're doing is a waste of everyone's time.

But... according to what I was just told by Fish & Wildlife, a well-thought out letter detailing years of dune use, responsible recreation and devotion to the Dumont Dunes (and maintaining dune species) would not be a waste of anyone's time.

Okay, that's enough for this post. Next post I'll point out the three possible conclusions and what we can do to take charge of our future.

Vicki

[dunefreak]

Thank you Vicki. I appreciate you laying out what needs to be done when times like this come up. You put it in simple terms for those that can't see past all the lengthy political .

I am willing to put together a letter to submit stating my comments on the liazrd situation. Hopefully they will help.

The only places I have ever seen those lizards out there were when we were picking up trash at the cleanup. These were areas that were basically "out of bounds" where plants and vegetation were where nobody rode anyways.

[desertskyz]

I will do the same. I have a picture of one hanging out and the bottom of that little mountain, at the South Pole during one of our meet and greets. It will take alot of effort but I will do the best I can. There has got to be hundreds of place these Lizards live. Death Valley, Kelso, Armagosa, from what I read (off the inernet) they only live in Sandy areas. Well hell, there are sandy areas ALL over CA, AZ, NV, NM, UT, TX. But I will base my letter on what I have seen at Dumont, lord knows I saw hundreds of them at the clean up last year.

[Richard Cheese]

be careful of a pic of a lizard in the sand....as in that doc that vicki linked, it states that from a study done in 1959...none of these lizards have ever been found a certain distance away from blowing sand (without looking at the link i wanna say 186 ft?????)

guy with the furry boots checking out

[SailAway]

Several things came across during my talk with Fish & Wildlife and one was, the lizard does not live where we do our primary riding.

Trouble spots that I see ahead are the outlying areas. Any area with small brush amid the sand is going to be lizard habitat.

Now... the three ways this thing can go are:

1) After reviewing the species Fish & Wildlife determines it is fine and the current management plan in place for the species (HINT: there is none right now) is good enough to maintain the species as is; or

2) The species is indeed a distinct population segment and should be protected but Fish & Wildlife is unable to purse that (for various reasons, funding being one of them). It then becomes a "candidate" and waits for further action at a later date; or

3) The species is a distinct population segment and current management plans are not good enough to protect it so it must be listed and critical habitat must be determined.

Obviously #1 would be the greatest response for us. However, because the lizard has not been specifically managed by the BLM, it will take work to get there and this is where we will have to get the BLM to focus on the lizard and we (as in all of us, not just five leaders of FoDD) will have to work closely with the BLM to find a solution that works for us. If we leave it in their hands, we will not be happy with the result.

Vicki

[indasand]

Just a bit of info on the lizard...

Fringe-toed lizards are reptiles of the genus Uma in the family Phrynosomatidae. They are adapted for life in sandy deserts.

These lizards have a brown and tan coloration that helps them to blend in with the sand. In addition, they also have special scales which form a fringe on the sides of their toes. These fringes aid with traction, speed and help the lizard avoid sinking into loose, sandy dunes. They also possess an upper jaw which overlaps the lower, preventing the intrusion of sand particles, and nostrils that can be closed at will. Flaps also close against the ear openings when moving through sand and the upper and lower eyelids have interlocking scales that prevent sand from getting into the eyes.

These lizards range throughout southeast California and southwest Arizona, and extend into northwest Sonora and northeast Baja California in low desert areas having fine, loose sand. They primarily eat insects, including ants, beetles, grasshoppers, and caterpillars. Flower buds, stems, leaves and seeds of plants are also eaten.

[dunefreak]

Are most the lizards out there the fringe toed ones or are those mostly in a different area? I have heard that the lizards you see near or around Dumont are NOT the fringe toed/ endangered ones.

Is this a fringe toed liazrd or no?

[indasand]

Here are all the different species to choose from...

Coachella Valley Fringe-toed Lizard, Uma inornata

Colorado Desert Fringe-toed Lizard, Uma notata

Mojave Fringe-toed Lizard, Uma scoparia

Sonoran Fringe-toed Lizard, Uma rufopunctata

Mexican Fringe-toed Lizard, Uma paraphygas

Coahuila Fringe-toed Lizard, Uma exsul

Retrieved from "http://en.wikipedia.org/wiki/Fringe-toed_lizard"

[indasand]

And I aslo found they are not native to North America...

Acanthodactylus is a genus of lizards within the Lacertidae family, commonly referred to as fringe-fingered or fringe-toed lizards.

They are native to a wide area in Africa and southern Europe; across the Sahara Desert, and up to the Iberian peninsula. Though the lizards prefer dry and sparsely-vegetated regions, it is not strictly tied to an arid terrain, so it is not uncommon to come across it in various environments.

The Acanthodactylus's coloration and the pattern of its spots is extremely variable, so it is unsurprising that zoologists have, at one time or another, classified every variety as a separate species.

Every saurian of this genus is very aggressive and gets continuously involved in skirmishes with other members of its species. The males strenuously defend the borders of their territories.

The Acanthodactylus are oviparous. The number of eggs in a clutch ranges from 3 to 7. The length of an adult of the species is, on average, between 18 to 20 centimeters.

[beau]

And I aslo found they are not native to North America...

Acanthodactylus is a genus of lizards within the Lacertidae family, commonly referred to as fringe-fingered or fringe-toed lizards.

They are native to a wide area in Africa and southern Europe; across the Sahara Desert, and up to the Iberian peninsula. Though the lizards prefer dry and sparsely-vegetated regions, it is not strictly tied to an arid terrain, so it is not uncommon to come across it in various environments.

The Acanthodactylus's coloration and the pattern of its spots is extremely variable, so it is unsurprising that zoologists have, at one time or another, classified every variety as a separate species.

Every saurian of this genus is very aggressive and gets continuously involved in skirmishes with other members of its species. The males strenuously defend the borders of their territories.

The Acanthodactylus are oviparous. The number of eggs in a clutch ranges from 3 to 7. The length of an adult of the species is, on average, between 18 to 20 centimeters.

If that is the case then FWS, or any other agency for that matter, has no authority to mandate critical habitat for the lizards.

[SailAway]

Hey now, we're a long ways away from critical habitat for this lizard.

Right now all that has been decided is that Fish & Wildlife will take a closer look.

Aside from that... please read the federal register notice and I'll see if I can't scare up the original petition for the truly strong at heart. Being fully informed is the only chance we have in this.

Whether or not this lizard lives on the moon really doesn't make a difference here. Actually, if it lived on the moon and at Dumont it would strengthen the CBD's stance because they are claiming that even though there are millions of these things:

The petitioners also assert that the Amargosa River population of Mojave

fringe-toed lizards of Coyote Holes and Dumont and Ibex Dunes are isolated and discrete from other dunes and other populations by the presence of intervening, unsuitable habitat, due to the fact that Mojave fringe-toed lizards are not known to disperse across long distances of unsuitable habitat (Norris 1958, p. 257).

So you see... although it is possible Fish & Wildlife will decide it is not a distinct population segment, we can't sit back and hope for that conclusion. We have to act as if they have already decided that it is a DPS and help find a way to management the health of the species in a way that our recreation also remains healthy.

Vicki

[SailAway]

I responded to a post on the GlamisDunes message board about this and I hope no one minds me copying that response to here. I know the questions may not have been posted but the information is still valid.

I'm sure Ecologic is aware of the issue... both ASA and CORVA have offered assistance to Friends of Dumont Dunes on this.

I had a lengthy conversation with Fish & Wildlife about this yesterday and got some very good information. He also confirmed what I'd been told already and that is, this is an inevitable first step and unless the CBD had completely screwed up their petition, there was no other conclusion.

Granting this petition was not and is not the end of the line here, but it will take a lot of work and community input to keep the situation from growing worse.

What this will all turn on is, management of the species.

This lizard, 'distinct population segment' or not, does not live on the dunes. Yes it lives in loose sand, but characteristically it does not wander far from low lying brush. There are no bushes on the dunes of Dumont.

But... there are plenty surrounding the dunes of Dumont. For those who may not know, the open riding area of Dumont is virtually surrounded by closures of various types... wilderness, archeological, etc. And guess what's inside those closures... prime lizard habitat. The information I'm getting is in this case, those current closures may actually work for us in a small way. The downside is that many of those closures have been breached by riders and unless we can get that under control, we haven't got a chance in Hell.

Fish & Wildlife has the responsibility of maintaining the health of our species. If the Dumont species are healthy enough and look to stay that way, the Service won't step in. What the Dumont community needs to do is make sure that happens. From what I've been told, that is not only the best scenario for us, but it is also very likely, especially in the case of this current petition.

The care and feeding of the PMV was left to BLM and Fish & Wildlife and we all see where that got us. The Dumont community is working closely with the BLM and Fish & Wildlife to take a proactive role in the care and feeding of the lizard. Leaving a management plan to the imagination of either BLM or Fish & Wildlife would be foolish... the Dumont recreation area is our playground... we'll take responsibility for it.

VickiW

[Scotte28516]

And I aslo found they are not native to North America...

Acanthodactylus is a genus of lizards within the Lacertidae family, commonly referred to as fringe-fingered or fringe-toed lizards.

They are native to a wide area in Africa and southern Europe; across the Sahara Desert, and up to the Iberian peninsula. Though the lizards prefer dry and sparsely-vegetated regions, it is not strictly tied to an arid terrain, so it is not uncommon to come across it in various environments.

The Acanthodactylus's coloration and the pattern of its spots is extremely variable, so it is unsurprising that zoologists have, at one time or another, classified every variety as a separate species.

Every saurian of this genus is very aggressive and gets continuously involved in skirmishes with other members of its species. The males strenuously defend the borders of their territories.

The Acanthodactylus are oviparous. The number of eggs in a clutch ranges from 3 to 7. The length of an adult of the species is, on average, between 18 to 20 centimeters.

I hate to say it, but there ya go. They'r eoriginally from Africa, and now we have to pay for them being here!!! :afro: When does this madness stop??? :argue:

[SailAway]

Here is the 'official' news release from the Fish & Wildlife Service...

U.S. Fish & Wildlife Service

Department of the Interior

U.S. Fish & Wildlife Service

2493 Portola Road, Suite B

Ventura, California 93003

Phone: 805/644-1766

Fax: 805/644-3958

http://www.fws.gov/ventura/

January 10, 2008

Contact: Lois Grunwald, 805/644-1766, ext 332

SERVICE TO CONSIDER WHETHER THE AMARGOSA RIVER POPULATION OF THE MOJAVE FRINGE-TOED LIZARD SHOULD BE LISTED

The U.S. Fish and Wildlife Service today announced that it has reviewed a petition to list the Amargosa River population of the Mojave fringe-toed lizard (Uma scoparia) and concluded the petition contains substantial information to indicate that listing may be warranted. This particular population of Mojave fringe-toed lizard occurs in the Amargosa River area of San Benardino County.

The Service also found that the petition’s assertion that the Amargosa River population is a distinct and separate population of the Mojave fringe-toed lizard species may be warranted.

The finding does not mean that the Service has decided to list the Amargosa population of the Mojave fringe-toed lizard. Rather, the Service will now conduct an in-depth review – called a 12-month finding – of all the biological information available on the species to determine whether the Amargosa population of the Mojave fringe-toed lizard is a “distinct population” and subsequently decide whether it warrants listing as a threatened or endangered species under the Endangered Species Act (ESA).

If the lizard is found to be a “distinct” population, the Service will determine whether listing is “not warranted,” “warranted,” or “warranted but precluded” based on other higher priority species.

Today’s decision, commonly called a 90-day finding, is based on scientific information about the species provided in a petition submitted to the Service in May 2006 by the Center for Biological Diversity and a private citizen. The Service also considered information on the Mojave fringe-toed lizard that it had available in its files.

To ensure the status review is comprehensive, the Service is soliciting scientific and commercial information about the Amargosa population of the Mojave fringe-toed lizard, including information related to its biology and habitat needs.

The population of Mojave fringe-toed lizards that resides near the Amargosa River occurs at Dumont Dunes, which is located on Bureau of Land Management land about 30 miles north of the city of Baker, Ibex Dunes, which is within Death Valley National Park, and Coyote Holes, a sand blowout area located a few miles south of the eastern end of Dumont Dunes. The Mojave fringe-toed lizard species is native to southern California deserts and a small area of western Arizona. It is widespread geographically across this region in Inyo, San Bernardino, Los Angeles, and Riverside counties. In Arizona, the species occurs in La Paz County.

The petitioners cite extensive off-highway vehicle traffic at Dumont Dunes, and to a lesser extent Ibex Dunes and Coyote Holes, as posing a substantial threat to the Amargosa River population of the Mojave fringe-toed lizard.

The Mojave fringe-toed lizard is in the family of North American spiny lizards. It is distinguished from other fringe-toed lizards by crescent-shaped markings on the sides of its throat and a conspicuous dark black spot on the sides of its belly. The lizards are believed to live out their entire lives in sand dunes or other sandy areas. During breeding periods, the bellies of the adults are yellow-green and their sides are pink. At other times, the lizards’ color mimics the sand dunes, rendering them nearly invisible to predators.

The lizard feeds on insects, seeds and flowers. Annual plant species provide important forage in the spring. It derives most of its water from eating insects and plants.

Written comments and information on the proposed rule must be submitted by March 10, 2008, to: Public Comments Processing, Attn: RIN-1018-AV02; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA, 22203 or at the Federal eRulemaking Portal by following instructions for submitting comments at http://regulations.gov.

The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System which encompasses 544 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 63 fishery resource offices and 81

ecological services field stations. The agency enforces Federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. It also oversees the Federal Aid program that distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to State fish and wildlife agencies.

-FWS-

[dunefreak]

Sounds like pretty good news for us for now correct? Does this mean Dumont is off the hook unless they find that the lizard is a “distinct population" over the next 12 months of research? That's what I got out of it at least.

[SailAway]

Yes, that would be the ideal situation. And there's a good (but not great) chance that would happen.

To really save our a$$es we cannot sit back and simply hope for the best though. The smarter move would be to react as if the lizard is found to be a distinct population segment and work toward keeping it from listed. Fish & Wildlife doesn't want to have to step in on behalf of this lizard... if we can help them take a hand's off approach, we'd be golden.

Our very best defense against a listing is keeping people out of the closed areas because, well, that's where the foliage is that the lizard eats. The only time this lizard really goes anywhere near the actual dunes is when it's time for romance and by that time of year it's too hot for us to be riding the dunes.

Friends of Dumont Dunes has been in contact with Fish & Wildlife over this and we will continue to work closely with FWS and the BLM to work this to our best advantage.

Vicki

[dunefreak]

Our very best defense against a listing is keeping people out of the closed areas because, well, that's where the foliage is that the lizard eats. The only time this lizard really goes anywhere near the actual dunes is when it's time for romance and by that time of year it's too hot for us to be riding the dunes.

Time to plaster more banners like the one in my sig all over the website! :argue:

STAY IN BOUNDS, PEOPLE!

[SandBox_Kid]

Time to plaster more banners like the one in my sig all over the website!

I post enough.....\/\/\/\/\/\/\/ that should help some.

[UmaGuy]

The Amargosa River distinct population segment of the Mojave fringe-toed lizard only occurs at Dumont Dunes, Coyote Holes, and Ibex Dunes (Death Valley). It is genetically distinct from all other fringe-toed lizards, such as those commonly found at other sites in the southern Mojave. The species in question is a California/Arizona native, not from Africa; the common name "fringe-toed lizard" is also applied to many lizards worldwide which have independently evolved fringed toes to run on fine sand.

I believe it is possible for this isolated lizard population to coexist with ORVs at the Dumont Dunes, but it means that certain dune areas, particularly those that still have vegetation, probably need to be protected. Also, illegal ORV use at Ibex Dunes does not help lizards or riders; it gives authorities more reason to regulate.

[UmaGuy]

Dunefreak, the first two pics are of a desert iguana. The second two pics are of Mojave fringe-toed lizards.