[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Proposed Rules]
[Page 40132-40138]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au09-37]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2009-0041] [MO-922105 0083-B2]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List the Jemez Mountains Salamander (Plethodon
neomexicanus) as Threatened or Endangered With Critical Habitat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of a status
review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list the Jemez Mountains salamander
(Plethodon neomexicanus) (salamander) as threatened or endangered and
designate critical habitat under the Endangered Species Act of 1973, as
amended. Following a review of the petition, we find that the petition
provides substantial scientific or commercial information indicating
that listing the Jemez Mountains salamander may be warranted.
Therefore, with the publication of this notice, we are initiating a
status review of the species to determine if the petitioned action is
warranted. To ensure that the status review is comprehensive, we are
soliciting scientific and commercial data and other information
regarding this species. At the conclusion of this review, we will issue
a 12-month finding to determine if the petitioned action is warranted.
We will make a determination on critical habitat for this species if we
initiate a listing action.
DATES: We made the finding announced in this document on August 11,
2009. To allow us adequate time to conduct this review, we request that
we receive information on or before October 13, 2009.
ADDRESSES: You may submit information by one of the following methods:
Federal eRulemaking Portal: http://
www.regulations.gov. Search for docket FWS-R2-ES-2009-0041 and then
follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R2-ES-2009-0041; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all information received on http://
www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Information Solicited
section below for more details).
FOR FURTHER INFORMATION CONTACT: Wally ``J'' Murphy, Field Supervisor,
New Mexico Ecological Services Office, 2105 Osuna NE, Albuquerque, NM
87113, by telephone (505-346-2525) or by facsimile (505-346-2542).
Persons who use a telecommunications device for the deaf (TDD) may call
the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Solicited
When we make a finding that a petition presents substantial
information indicating that listing a species may be warranted, we are
required to promptly commence a review of the status of the species. To
ensure that the status review is complete and based on the best
available scientific and commercial information, we are soliciting
information on the status of the Jemez Mountains salamander. We request
information from the public, other concerned governmental agencies,
Native American Tribes, the scientific community, industry, or any
other interested parties concerning the status of the salamander. We
are seeking information regarding:
(1) The historical and current status and distribution of the Jemez
Mountains salamander, its biology and ecology, and ongoing conservation
measures for the species and its habitat;
(2) The species' population size and population trend;
(3) Its taxonomy; and
(4) Information relevant to the factors that are the basis for
making a listing determination for a species under section 4(a) of the
Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et
seq.), which are:
(a) The present or threatened destruction, modification, or
curtailment of the species' habitat or range;
(b) Overutilization for commercial, recreational, scientific, or
educational purposes;
(c) Disease or predation;
(d) The inadequacy of existing regulatory mechanisms; or
(e) Other natural or manmade factors affecting its continued
existence and threats to the species or its habitat.
In this finding, we have identified gaps in the information
provided in the petition to help to focus the public on areas where we
would like relevant data submitted. If we determine that listing the
Jemez Mountains salamander is warranted, we intend to propose critical
habitat to the maximum extent prudent and determinable at the time we
propose to list the species. Therefore, with regard to areas within the
geographical range currently occupied by the salamander, we also
request data and information on what may constitute physical or
biological features essential to the conservation of the species, where
these features are currently found, and whether any of these features
may require special management considerations or protection. In
addition, we request data and information regarding whether there are
areas outside the geographical area occupied by the species that are
essential to the conservation of the species. Please provide specific
comments and information as to what, if any, critical habitat you think
we should propose for designation if the species is proposed for
listing, and why such habitat meets the requirements of the Act.
We will base our 12-month finding on a review of the best
scientific and commercial information available, including all
information received during this public comment period. Please note
that submissions merely stating support for or opposition to the action
under consideration, without providing supporting information, although
noted, will not be considered in making a determination, as section
4(b)(1)(A) of the Act directs that determinations as to whether any
species is a threatened or endangered species must be made ``solely on
the basis of the best scientific and commercial data available.'' Based
on the status review, we will issue a 12-month finding on the petition,
as provided in section 4(b)(3)(B) of the Act.
You may submit your information concerning this finding by one of
the methods listed in the ADDRESSES section.
If you submit information via http://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the website. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot
[[Page 40133]]
guarantee that we will be able to do so. We will post all hardcopy
submissions on http://www.regulations.gov. Please include sufficient
information with your comments to allow us to verify any scientific or
commercial information you include.
Information and materials we receive, as well as supporting
documentation we used in preparing this finding, will be available for
public inspection on http://www.regulations.gov, or by appointment,
during normal business hours, at the U.S. Fish and Wildlife Service,
New Mexico Ecological Services Office (see FOR FURTHER INFORMATION
CONTACT).
Background
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We are to base this finding on
information provided in the petition, supporting information submitted
with the petition, and information otherwise available in our files. To
the maximum extent practicable, we are to make this finding within 90
days of our receipt of the petition and publish our notice of this
finding promptly in the Federal Register.
Our standard for substantial information within the Code of Federal
Regulations (CFR) with regard to a 90-day petition finding is ``that
amount of information that would lead a reasonable person to believe
that the measure proposed in the petition may be warranted'' (50 CFR
424.14(b)). If we find that the petition presented substantial
information, we are required to promptly commence a review of the
status of the species.
On October 15, 2008, we received a petition dated October 9, 2008,
from WildEarth Guardians requesting that the Jemez Mountains salamander
be listed as threatened or endangered under the Act, and critical
habitat be designated. The petition clearly identified itself as such,
and included the requisite identification information for the
petitioner, as required by 50 CFR 424.14(a). In a November 26, 2008,
letter to the petitioner, we responded that we had reviewed the
petition and determined that an emergency listing was not necessary. We
also stated that, to the maximum extent practicable, we would address
their petition within 90 days.
Previous Federal Actions
We initially considered the Jemez Mountains salamander for listing
under the Act in the early 1980s (GAO August 1993, p. 30). In December
1982, we published a notice of review classifying the salamander as a
Category 2 species (47 FR 58454, December 30, 1982). Category 2 status
included those taxa for which information in the Service's possession
indicated that a proposed listing rule was possibly appropriate, but
for which sufficient data on biological vulnerability and threats were
not available to support a proposed rule. On February 21, 1990, we
received a petition to list the salamander as threatened. Subsequently,
we published a positive 90-day finding, indicating that the petition
contained sufficient information to suggest that listing may be
warranted (55 FR 38342, September 18, 1990). In the candidate notice of
review (CNOR) published on November 21, 1991, we announced the
salamander as a Category 1 species with a ``declining'' status (56 FR
58814). Category 1 status included those species for which the Service
had on file substantial information regarding the species' biological
vulnerability and threat(s) to support proposals to list them as
endangered or threatened species. The ``declining'' status indicated
decreasing numbers and/or increasing threats.
On May 30, 1991, the Service, the USDA Forest Service (Forest
Service), and the New Mexico Department of Game and Fish (NMDGF) signed
a Memorandum of Agreement (MOA) outlining actions to be taken to
protect the salamander and its habitat on Forest Service lands,
including the formation of a team of agency biologists to immediately
implement the MOA and to develop a management plan for the species. The
management plan was to be incorporated into the Santa Fe National
Forest Plan. On April 3, 1992, we published a 12-month finding that
listing the salamander was not warranted because of the conservation
measures and commitments within the MOA (59 FR 11469). In the November
15, 1994, CNOR, we included the salamander as a Category 2 species,
with a trend status of ``improving'' (59 FR 58982). A status of
``improving'' indicated those species known to be increasing in numbers
and/or whose threats to their continued existence were lessening in the
wild.
In the CNOR published on February 28, 1996, we announced a revised
list of animal and plant taxa that were regarded as candidates for
possible addition to the Lists of Endangered and Threatened Wildlife
and Plants (61 FR 7596). The revised candidate list included only
former Category 1 species. All former Category 2 species were dropped
from the list in order to reduce confusion about the conservation
status of these species, and to clarify that the Service no longer
regarded these species as candidates for listing. Because the
salamander was a Category 2 species, it was no longer recognized as a
candidate species as of the February 28, 1996, CNOR.
In January 2000, the New Mexico Endemic Salamander Team (NMEST), a
group of interagency biologists representing NMDGF, the Service, the
U.S. Geological Survey, and the Forest Service, finalized a Cooperative
Management Plan for the salamander on lands administered by the Forest
Service (Management Plan), and the agencies signed an updated
Conservation Agreement that superseded the MOA. The stated purpose of
the Conservation Agreement and the Management Plan was to provide for
the long-term conservation of salamanders by reducing or removing
threats to the species and by proactively managing their habitat (NMEST
2000 Conservation Agreement, p. 1).
In a Decision Notice and Finding of No Significant Impact for the
Forest Plan Amendment for Managing Special Status Species Habitat,
signed on December 8, 2004, the Management Plan was incorporated into
the Santa Fe National Forest Plan.
Species Information
The Jemez Mountains salamander is a member of the family of
lungless salamanders (Plethodontidae), the largest family of
salamanders. The salamander is uniformly dark brown above, with
occasional fine gold/brassy stippling dorsally (on the back and sides)
and is sooty gray ventrally (underside). The body form is slender and
elongate. The salamander possesses foot webbing and a reduced fifth
toe. The salamander was originally reported as Spelerpes multiplicatus
(=Eurycea multiplicata) in 1913 (Degenhardt et al. 1996, p. 27);
however, it was described as a new and distinct species (Plethodon
neomexicanus) in 1950 (Stebbins and Riemer, pp. 73-80).
Two species of plethodontid salamanders occur in New Mexico: The
Jemez Mountains salamander and the Sacramento Mountains salamander
(Aneides hardii). Molecular studies on plethodontid salamanders in
North America indicate that western species of the genus Plethodon (the
woodland salamanders) may be more closely related to species of the
genus Aneides (the climbing salamanders) than to eastern species of
Plethodon (Larson et al., 1981, p. 419; Mahoney 2001, p. 174). The
relationship of the Jemez
[[Page 40134]]
Mountains salamander to other western plethodontids is not completely
understood, but the salamander is considered basal (the earliest
grouping that branches to larger groupings of relative relatedness)
(Mahoney 2001, p. 184). No subspecies of the salamander are recognized.
The Jemez Mountains salamander is strictly terrestrial, does not
possess lungs, and does not require standing surface water for any life
stage. Respiration occurs through the skin and requires a moist
microclimate for gas exchange. Reproduction in the wild remains
unobserved, but it is presumed that the salamander lays eggs in spaces
underground. Fully-formed salamanders hatch from the eggs. Based on
examination of 57 female salamanders, Williams (1978, p. 475) concluded
that females likely lay 7 or 8 eggs every other year, either in mid-
August or, more likely, the spring after mating occurs in late July and
August. Sexual maturity is reached at 3 to 4 years in females and 3
years in males (Degenhardt et al. 1996, p. 28).
The salamander occurs in the Jemez Mountains in northern New Mexico
in Los Alamos, Rio Arriba, and Sandoval Counties. The species
predominantly occurs in mixed-conifer forest at an elevation between
2,200 and 2,900 meters (7,220 and 9,510 feet), consisting mainly of
Douglas fir (Pseudotsuga menziesii), blue spruce (Picea pungens),
Engelman spruce (Picea engelmannii), white fir (Abies concolor), limber
pine (Pinus flexilis), and aspen (Populus tremuloides) (Degenhardt et
al. 1996, p. 28), but occasionally can be found in Ponderosa pine
(Pinus ponderosa) stands. The microhabitat is characterized by deep,
igneous, subsurface rock with high soil moisture (NMEST 2000, p. 2).
The salamander spends much of its life underground, and can be found at
the surface when conditions are warm and wet, which is typically July
through September, but the period may extend from May through October
depending on conditions. When surface-active, the species is usually
found under rocks, bark, logs, moss mats, or inside decomposing logs.
The species is restricted to the moist habitats of the Jemez Mountains.
A feeding habits study for the Jemez Mountains salamander was
conducted by NMDGF in 1992. Salamander prey items were diverse in size
and type; however, there were three categories of prey that were
recognized as more important than the remaining groups: ants, mites,
and beetles (Cummer 2005, p. 43). Cummer (2005, pp. 45-50) stated that
prey specialization on any particular species of invertebrate was
unlikely in the salamander; however, she did observe that selection of
food appeared to not be random.
Although the petitioner believes that the number of salamanders
likely exceeds 10,000, we are not aware of any current information from
which a population estimate can be made. The petitioner's population
estimate was derived from survey efforts conducted from 1967 through
2003; however, the petitioner acknowledges, and we agree, that these
surveys are potentially unreliable because salamander observations are
dependent on multiple factors, such as environmental conditions (e.g.,
temperature or moisture), detection probabilities, and time when the
observations were made. Because of these variables, it is difficult to
determine population size or trends. Based upon the information
presented in the petition and in our files, we believe that a
comprehensive assessment of all of the survey and population
information is needed.
Five-Factor Evaluation
Section 4 of the Act (16 U.S.C. 1533), and implementing regulations
at 50 CFR 424, set forth the procedures for adding species to the
Federal Lists of Endangered and Threatened Wildlife and Plants. A
species may be determined to be an endangered or threatened species due
to one or more of the five factors described in section 4(a)(1) of the
Act: (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) overutilization for
commercial, recreational, scientific, or educational purposes; (C)
disease or predation; (D) the inadequacy of existing regulatory
mechanisms; or (E) other natural or manmade factors affecting its
continued existence.
In making this 90-day finding, we evaluated whether information
regarding threats to the salamander, as presented in the petition and
other information available in our files, is substantial, thereby
indicating that the petitioned action may be warranted. Our evaluation
of this information is presented below.
A. The Present or Threatened Destruction, Modification, or Curtailment
of the Species' Habitat or Range
Information Provided in the Petition
The petitioner asserts that the Jemez Mountains salamander or its
habitat is threatened by the following conditions or actions: habitat
loss and fragmentation, climate change, stand-replacing fires, fire
suppression and rehabilitation, salvage logging, slash removal, forest
thinning treatment projects, use and construction of roads and dams,
chemical use, trail construction, and mining. We will address climate
change and chemical use under Factor E.
The petitioner contends that the main threat and cause of Jemez
Mountains salamander habitat loss is extensive, stand-replacing fires
(severe fires in which most mature trees are destroyed). The petitioner
reports on land area burned during the Dome (1996), Cerro Grande
(2000), and BMG/Lakes (2002) wildfires. Information in our files
indicates that these stand-replacing fires overlapped with salamander
habitat; however the petition did not contain, nor we do have, a
complete analysis of the extent or degree of salamander habitat that
burned. The NMEST (2000, p. 9) stated that, ``the greatest threat to
this species is thought to be the potential for extensive stand-
replacing fires.'' The petitioner contends that there were negative
effects to the salamander and its habitat from the Cerro Grande Fire,
such as removal of canopy cover and increased soil temperatures
(WildEarth Guardians 2008, pp. 23-24). Cummer and Painter (2007, p. 26)
reported significant changes in microhabitat temperatures following the
Cerro Grande Fire. The petitioner asserts that impacts on the
salamander and its habitat from other stand-replacing wildfires (e.g.
Dome Fire, BMG/Lakes Fires) was likely the same as effects from the
Cerro Grande fire. We agree; however, we are not aware of an analysis
that estimates the amount of salamander habitat affected by other
wildfires. Finally, our files indicate that future stand-replacing
wildfires in salamander habitat remain a threat.
The petitioner also claims that the effects of fire suppression and
rehabilitation activities following wildfire threaten the Jemez
Mountains salamander. For example, the petitioner indicates that,
during the Cerro Grande Fire, suppression activities included the
construction of 26 kilometers (km) (16 miles (mi)) of hand line (hand-
dug trenches 1.5 to 3 meters (m) (5 to 10 feet (ft)) wide from which
all combustible material was removed), 63 km (39 mi) of bulldozer line
(larger fire breaks with vegetation removed by bulldozing), and safety
zones; release of 514,000 liters (135,800 gallons) of fire retardant;
and 53 km (32 mi) of road improvement resulting in vegetation removal
within 30 m (100 ft) of either side of the roads (WildEarth Guardians
2008, p. 26). However, while information in our files
[[Page 40135]]
indicates that some of these activities occurred in salamander habitat
and corroborate some of the claims of the petitioner on fire
suppression and rehabilitation, the petitioner does not provide, nor
are we aware of, a complete assessment of the extent of these
activities in salamander habitat. Please note that chemical use
resulting from fire suppression activities is addressed separately in
Factor E.
The petitioner describes how historical grazing and fire
suppression have contributed to changes in forest structure and
composition in the Jemez Mountains. Scientific literature (e.g., Allen
1989; Touchan et al. 1996) supports this conclusion; however, we are
not aware of an assessment of how such changes may affect the
salamander or its habitat.
The petitioner believes that salvage logging after wildfire and
associated thinning with removal of snags and slash in Jemez Mountains
salamander habitat has had negative impacts to salamanders and their
habitat. Logging can interrupt the development of salamander habitat by
removing the requisite habitat components of canopy cover and dead and
downed logs, while increasing temperature, erosion, runoff, and soil
compaction (NMEST 2000, p. 5). Additionally, if these activities occur
when salamanders are surface active, salvage logging could result in
direct injury or mortality to individuals. The petitioner identifies
that salvage logging and forest thinning have been proposed within
salamander habitat, but we have no estimate on the amount of salamander
habitat that has been impacted by these activities. Nevertheless, we
found substantial information indicating that the Forest Service has
conducted, and will likely continue to conduct, salvage logging in
salamander habitat.
The petitioner asserts that habitat alteration due to road and
trail building in salamander habitat has deleterious effects to the
Jemez Mountains salamander and its habitat. The petitioner believes
that construction of roads and trails fragments habitat, and high
vehicular traffic or heavy equipment could cause excessive vibration
resulting in settling of the subsurface rock and elimination of the
underground spaces, presumed necessary as subterranean habitat. The
petitioner provides information on the length of roads that were re-
opened during and subsequent to wildfire. These roads likely affected
the salamander and its habitat through vegetation removal, soil
compaction, and the elimination of subsurface spaces. Roads are known
to fragment terrestrial salamander habitat and act as partial barriers
to movement (deMaynadier and Hunter 2000, p. 56; Marsh et al. 2005, p.
2004). Moreover, roads can reduce the quality of adjacent habitat by
increasing light and wind penetration, exposure to pollutants, and the
spread of invasive species (Marsh et al. 2005, pp. 2004-2005). Although
the petitioner does not quantify the amount of salamander habitat
impacted by roads, information in our files supports the claim that
roads may have led, and may continue to contribute in the future, to
the degradation of salamander habitat.
The petitioner asserts that the improvement and realignment of New
Mexico State Highway 126 (also called Forest Highway 12) has
threatened, and will continue to threaten, the Jemez Mountains
salamander. Information concerning the project provided by the
petitioner was found to be reliable. For example, our files indicate
that portions of the Highway 126 project resulted in the removal of
salamander habitat as well as the destruction of individual salamanders
and fragmentation of a relatively isolated population of salamanders.
The petitioner also notes that construction and maintenance of log
skidder trails, while not likely to be as destructive as road
construction and maintenance, still has similar effects on the Jemez
Mountains salamander. The petitioner believes that trail construction
and salvage logging operations are a threat to the salamander. The
petitioner correctly indicates that approximately 4 km (2.5 mi) of
trail were constructed by bulldozer in occupied salamander habitat.
The petitioner asserts that one of the common techniques used to
survey for the presence or absence of the salamander destroys habitat
because it involves destructive sampling by rearranging cover objects
such as rocks and logs as well as tearing apart decayed logs. We have
no information regarding the effects to salamander habitat from survey
techniques (NMEST 2000, pp. 27-36); however, we will examine this claim
more closely in our status review, and we request any additional
information the public may have on this potential threat.
The petitioner asserts that the construction of dams and mining
modify Jemez Mountains salamander habitat. Information in our files
supports the claim that dams or water retention structures may have
been constructed in salamander habitat. Specifically, the petitioner
contends that an extension of the El Cajete Mine in the Jemez Mountains
affects the salamander. Our files indicate that the Forest Service
determined that the mine would not impact the salamander because the
project was not located on northerly or moist slopes greater than 35 to
40 percent that support mature or old growth mixed conifer (Forest
Service 1995a, pp. 12-13; Forest Service 1995b, p. 2). At the time of
the project, steep slopes (greater than 30 percent) were thought to be
a critical element of salamander habitat (Ramotnik 1988, p. 50).
However, salamanders have been documented in areas of no significant
slope (less than 5 percent) (NMDGF 2000, p. 8), and steep slopes are no
longer considered a requirement of occupied habitat. Based on this more
recent information, this project may have affected the salamander and
its habitat, and there is potential for future mining activities to
affect the salamander and its habitat. We find that the petition and
information in our files indicate that construction of dams and future
mining activities may result in adverse modifications to salamander
habitat.
Evaluation of Information Provided in the Petition and Available in
Service Files
The petitioner provides substantial and reliable information that
the salamander and its habitat may be threatened from stand-replacing
fires; salvage logging; fire suppression; construction, maintenance,
and use of roads and trails; construction of dams; and mining
activities. The information presented in the petition is supported by
information in our files, and presents substantial information
indicating that the petitioned action may be warranted due to the
present or threatened destruction, modification, or curtailment of the
habitat or range of the salamander.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Information Provided in the Petition
The petitioner asserts that the salamander is threatened by loss of
individuals through collection of specimens and surveying. The petition
cites a report by the NMEST (2000) that summarizes the history of
collection of the species. According to the petition, 977 Jemez
Mountains salamanders were collected for scientific purposes from 1910
to 1999. The petitioner cites the report (NMEST 2000) in concluding
that such collecting has likely reduced populations in localized areas.
The petitioner also cites the report (NMEST
[[Page 40136]]
2000) in asserting that a 2 person-hour survey protocol was developed
to search for Jemez Mountains salamanders. Following this protocol,
likely cover objects (rocks, bark, and decayed logs) are searched for
salamanders (NMEST 2000). The petition cites a NMDGF (2000) report in
claiming that this technique can destroy habitat and that continual
searches in the same habitat have been shown to result in a decrease in
salamander populations.
Evaluation of Information Provided in the Petition and Available in
Service Files
We find that the petition presents substantial information
indicating that the petitioned action may be warranted due to
overutilization for scientific purposes.
C. Disease or Predation
Information Provided in the Petition
The petitioner states that disease is affecting the salamander.
Information in our files indicates that the amphibian pathogenic
fungus, Batrachochytrium dendrobatidis (Bd), was found in one
salamander in 2003 (Cummer et al. 2005, p. 248). The individual
salamander was collected and sent to the U.S. Geological Survey
National Wildlife Health Center in Madison, Wisconsin, for diagnostic
analysis. Results from the analysis included a dual infection of Bd and
a bacterial species (Cladosporium spp). The virulence of Bd relative to
the Jemez Mountains salamander remains unknown. However, because in
formation in our files indicates that Bd can be highly infectious and
lethal in other species of amphibians, we believe there is substantial
information that the petitioned action may be warranted due to the
threat of disease.
The petitioner provides no information addressing predation. Cummer
(2005, p. 30) speculated that predation could increase subsequent to
stand-replacing wildfire because of lack of sufficient cover objects
while salamanders are surface active; however, we are not aware of any
information to support this.
Evaluation of Information Provided in the Petition and Available in
Service Files
Because of the presence of Bd in the Jemez Mountains salamander's
range and the deleterious effect of Bd on other species of amphibians,
we believe the threat of disease to the Jemez Mountains salamander may
be substantial. On the other hand, neither the information in our files
nor that presented by the petitioner is substantial to suggest that
predation on the salamander is a significant threat to the species. In
summary, we have information in our files indicating that the
petitioned action may be warranted due to disease, but not due to
predation.
D. The Inadequacy of Existing Regulatory Mechanisms
Information Provided in the Petition
The petitioner asserts that the salamander is threatened by
inadequacy of existing regulatory mechanisms. The petitioner states
that the regulatory mechanisms in place--the 2000 Conservation
Agreement, the Management Plan, the Forest Plan and its amendments, and
State law--are ineffective and unenforceable. The Management Plan was
prepared by NMEST biologists ``to provide guidance for the conservation
and management of sufficient habitat to maintain viable populations of
the species'' (NMEST 2000, p. i.). Known and potential threats to the
species were identified and detailed; management areas based on habitat
zones were identified; potential management actions in salamander
habitat and their potential impacts were identified; and guidelines
were set forth pertaining to certain management actions relative to
habitat categories (NMEST 2000, pp. 4-22). The intent of the
Conservation Agreement, the Management Plan, and amendment of the
Forest Plan was to protect the Jemez Mountains salamander and its
habitat on lands administered by the Forest Service. However, the
petitioner identifies multiple projects, both on and off Forest Service
lands, that were counter to guidelines set forth in the Management Plan
and recommendations by the NMEST (WildEarth Guardians 2008, pp. 28-54).
The petitioner provides examples of projects that they claim
demonstrate the inadequacy of existing regulatory mechanisms and
ongoing threats to the Jemez Mountains salamander and its habitat.
Examples provided by the petitioner include actions following the 1996
Dome Fire, the 2000 Cerro Grande Fire, and the 2003 BMG/Lakes Fires;
actions relative to the Valles II project (forest thinning and fuel
reduction activities in areas adjacent to residential development); the
Highway 126 project; dams at Los Alamos National Laboratory; and the El
Cajete mine extension (WildEarth Guardians 2008, pp. 28-54). Our files
support the claim that the Cooperative Agreement, Management Plan, and
Federal or State laws have been ineffective at preventing actions that
may threaten the salamander and its habitat.
The petitioner acknowledges that because the Jemez Mountains
salamander was uplisted in New Mexico in 2005 from State threatened to
endangered (NMDGF 2005, p. 2), it gained the protection of the Wildlife
Conservation Act. The Wildlife Conservation Act prohibits direct take
of the species except under issuance of a scientific collecting permit.
However, this law only conveys protection from collection or
intentional harm; no New Mexico State statutes address habitat
protection, indirect effects, or other threats to the species
identified by the State as endangered. NMDGF has the authority to
consider and recommend actions to mitigate potential adverse effects to
the salamander during its review of development proposals. The
petitioner pointed out that the New Mexico State Game Commission, a
part of the NMDGF, received financial reimbursement and provided
easements for construction of the Highway 126 project (New Mexico Game
Commission, 2006, p. 13). We could not find that any measures were
incorporated to limit impacts to the salamander or its habitat (New
Mexico Game Commission, 2006, pp. 12-13). Information in our files
indicates that the Highway 126 project directly impacted salamanders
and destroyed habitat.
Additionally, the petitioner asserts that threats to the species
are not addressed on lands where the salamander occurs outside of the
Santa Fe National Forest. Populations of salamanders have been observed
on Tribal lands, Los Alamos National Laboratory lands, the Valles
Caldera National Preserve, and private lands. Information in our files
demonstrates that outside of State protection from collection and
intentional harm, there are no State or Federal regulations providing
specific protections for the salamander or its habitat beyond those
populations within the Santa Fe National Forest.
Evaluation of Information Provided in the Petition and Available in
Service Files
The information provided by the petitioner was found reliable and
was corroborated by information in our files. Consequently, we find
that the petition contains substantial information that listing the
salamander due to the inadequacy of existing regulatory mechanisms may
be warranted.
[[Page 40137]]
E. Other Natural or Manmade Factors Affecting the Species' Continued
Existence
Information Provided in the Petition
The petitioner asserts that fire suppression, chemical use, and
climate change threaten the salamander. Fire suppression is addressed
under Factor A. Chemical use in salamander habitat includes fire
suppression retardant and insecticides to prevent tree loss. Although
information in our files indicates that fire retardant has been used in
salamander habitat, it is unknown how much salamander habitat has been
affected. Prior to 2006 (71 FR 42798, July 28, 2006) fire retardant
used by the Forest Service contained sodium ferrocyanide, which is
highly toxic to fish and amphibians (Pilliod et al. 2003, p. 175).
Because the salamander breathes and carries out physiological functions
through its skin, chemicals that are toxic to fish and other amphibians
may have had negative effects to the salamander. It is unclear whether
the chemicals used in current fire retardants or insecticides affect
the salamander. Thus, the information provided by the petition and in
our files is not substantial to indicate adverse effects of fire
retardant or insecticides on the salamander or its habitat.
The petitioner asserts that climate change is likely an increasing
threat to the salamander due to overall habitat drying and the species'
requirement of moist microhabitats. In addition, the petitioner states
that warmer springs and summers, earlier snowmelt, and increased forest
fire severity, frequency, and duration will likely impact the
salamander. The petitioner provides citations on climate change
(Wildearth Guardians 2008, p. 55) and references Enquist and Gori
(2008) to provide information regarding climate change in the Jemez
Mountains. Enquist and Gori (2008, p. iii) report the Jemez Mountains
as one of three areas in New Mexico that may be most vulnerable to
climate change, in part, due to warmer-drier conditions or greater
vulnerability in temperature and precipitation. The petitioner contends
that the identified threats are exacerbated by the salamander's
restricted distribution.
Evaluation of Information Provided in the Petition and Available in
Service Files
In general, the information currently available on the effects of
climate change does not make sufficiently precise estimates of the
location and magnitude of the effects in order to predict impacts to
specific wildlife. However, given a specific prediction in scientific
literature of warmer and drier conditions for the Jemez Mountains, and
that such change would likely have a negative impact on the salamander,
which requires moist microclimates, we find that the petitioned action
may be warranted due to climate change.
Regarding the potential threat of chemical use, even though fire
retardants and insecticides are currently being used, we did not find
any substantial information that chemical use is actually affecting the
salamander. We will investigate this potential threat further in our
status review, and request any additional information the public may
have on this potential threat.
We reviewed the petition and readily available supporting
information and find that the petition presents substantial information
for this factor under the threat of climate change, but not under the
threat of chemical use.
Finding
Section 4(b)(3)(A) of the Act requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We are to base this finding on
information provided in the petition, supporting information submitted
with the petition, and information otherwise available in our files. To
the maximum extent practicable, we are to make this finding within 90
days of our receipt of the petition and publish our notice of the
finding promptly in the Federal Register.
Our process for making this 90-day finding under section 4(b)(3)(A)
of the Act is limited to a determination of whether the information in
the petition presents ``substantial scientific and commercial
information,'' which is interpreted in our regulations as ``that amount
of information that would lead a reasonable person to believe that the
measure proposed in the petition may be warranted'' (50 CFR 424.14(b)).
We have reviewed the petition and the literature cited in the petition,
and evaluated the information to determine whether the sources cited
support the petitioned actions. We also reviewed reliable information
that was readily available in our files to clarify and verify
information in the petition. Based on our evaluation of the information
provided in the petition, we find that the petition presents
substantial scientific or commercial information indicating that
listing the Jemez Mountains salamander may be warranted. The petitioner
presents substantial information indicating that the salamander may be
threatened by Factor A (the present or threatened destruction,
modification, or curtailment of its habitat or range), Factor C
(disease), Factor D (inadequacy of existing regulatory mechanisms), and
Factor E (other natural or manmade factors affecting its continued
existence) throughout the entire range of the Jemez Mountains
salamander. The petitioner does not present substantial information
that Factor B (overutilization for commercial, recreational,
scientific, or educational purposes) is currently, or in the future may
be, considered a threat to the salamander.
Based on this review and evaluation, we find that the petition has
presented substantial scientific or commercial information that listing
the salamander throughout all or a portion of its range may be
warranted due to current and future threats under Factors A, C, D, and
E. Therefore, we are initiating a status review to determine whether
listing the Jemez Mountains salamander under the Act is warranted. We
will issue a 12-month finding as to whether any of the petitioned
actions are warranted. To ensure that the status review is
comprehensive, we are soliciting scientific and commercial information
regarding the salamander.
The ``substantial information'' standard for a 90-day finding is in
contrast to the Act's ``best scientific and commercial data'' standard
that applies to a 12-month finding to determine whether a petitioned
action is warranted. A 90-day finding is not a status assessment of the
species and does not constitute a status review under the Act. Our
final determination of whether a petitioned action is warranted is not
made until we have completed a thorough status review of the species,
as part of the 12-month finding on a petition, which is conducted
following a positive 90-day finding. Because the Act's standards for
90-day and 12-month findings are different, as described above, a
positive 90-day finding does not mean that the 12-month finding also
will be positive.
We encourage interested parties to continue gathering data that
will assist with the conservation and monitoring of the salamander. The
petitioner requests that critical habitat be designated for this
species. If we determine in our 12-month finding that listing the
salamander is warranted, we will address the designation of critical
habitat at the time of the proposed rulemaking.
References Cited
A complete list of all references cited in this finding is
available upon request from the New Mexico Ecological
[[Page 40138]]
Services Office (see FOR FURTHER INFORMATION CONTACT).
Author
The primary authors of this rule are the staff members of the New
Mexico Ecological Services Office (see FOR FURTHER INFORMATION
CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: July 31, 2009.
James J. Slack,
Acting Deputy Director, Fish and Wildlife Service.
[FR Doc. E9-19024 Filed 8-10-09; 8:45 am]
BILLING CODE 4310-55-S