[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Proposed Rules]
[Page 18336-18341]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap09-15]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R8-ES-2008-0087; MO 92210 50083-B2]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List the Tehachapi Slender Salamander (Batrachoseps
stebbinsi) as Threatened or Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of 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 Tehachapi slender salamander
(Batrachoseps stebbinsi) as a threatened or endangered species under
the Endangered Species Act of 1973, as amended (Act). We find that the
petition presents substantial scientific or commercial information
indicating that listing the Tehachapi slender salamander may be
warranted. Therefore, with the publication of this notice, we are
initiating a status review to determine if listing this species is
warranted. To ensure that the status review is comprehensive, we are
soliciting information and data regarding this species. We will
initiate a determination on critical habitat for this species, if and
when we initiate a listing action.
DATES: To allow us adequate time to conduct this review, we request
that information be received on or before June 22, 2009.
ADDRESSES: You may submit information 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: FWS-R8-ES-2008-0087; 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 information
received at 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 information).
FOR FURTHER INFORMATION CONTACT: Michael McCrary, Listing and Recovery
Coordinator, Ventura Fish and Wildlife Office, 2943 Portola Road, Suite
B,
[[Page 18337]]
Ventura, CA 93003; telephone 805-644-1766 extension 372; facsimile 805-
644-3958. If you use a telecommunications device for the deaf (TDD),
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 concerning the status of the Tehachapi slender salamander
(Batrachoseps stebbinsi). 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 Tehachapi slender salamander. We are seeking information
regarding:
(1) The species' historical and current status and distribution,
its biology and ecology, and ongoing conservation measures for the
species and its habitat;
(2) Information relevant to the factors that are the basis for
making a listing determination for a species under section 4(a) of the
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; and
(3) Information on management programs for the conservation of the
Tehachapi slender salamander.
(4) Factors that pose a threat to the Tehachapi slender salamander
(those listed above, and otherwise) and the potential cumulative
effects of these factors that may threaten or endanger the Tehachapi
slender salamander.
If we determine that listing the Tehachapi slender salamander is
warranted, it is our intent to propose critical habitat to the maximum
extent prudent and determinable at the time we propose to list the
species. Therefore, with regard to specific areas within the
geographical area occupied by the Tehachapi slender 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
specific 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.
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 status review by
one of the methods listed in the ADDRESSES section. We will not
consider submissions sent by e-mail or fax or to an address not 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 Web site. 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 personal identifying
information from public review. However, we cannot guarantee that we
will be able to do so. We will post all hardcopy submissions on http://
www.regulations.gov.
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,
Ventura Fish and Wildlife 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 to indicate 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 at
the time we make the determination. 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 standard for substantial scientific or commercial 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 substantial
scientific or commercial information was presented, we are required to
promptly commence a status review of the species.
On February 28, 2006, we received a petition, dated February 17,
2006, requesting that we list the Tehachapi slender salamander as a
threatened or endangered species. The petition, submitted by Mr. Jeremy
Nichols of Denver, Colorado, was clearly identified as a petition for a
listing rule, and contained the name, signature, and address of the
petitioning private citizen. Included in the petition was supporting
information regarding the species' taxonomy and ecology, historical and
current distribution, present status, and potential causes of decline
and active imminent threats.
In response to the petition, we sent a letter to the petitioner
dated April 20, 2006, explaining that we would not be able to address
his petition until fiscal year 2007. The reason for this delay was that
responding to existing court orders and settlement agreements for other
listing actions required nearly all of our listing funding. We also
concluded in our April 20, 2006, letter that emergency listing of the
Tehachapi slender salamander was not warranted. Delays in responding to
the petition continued due to the high priority of responding to court
orders and settlement agreements, until funding recently became
available to respond to this petition.
Species Information
Description and Taxonomy
The Tehachapi slender salamander (Batrachoseps stebbinsi) is a
member of
[[Page 18338]]
the lungless salamander family, Plethodontidae. The genus Batrachoseps
includes the slender salamanders that are distributed along the Pacific
coast region between Oregon and northern Baja California, Mexico
(Jockusch and Wake 2002, p. 362). Most members of the genus
Batrachoseps are adapted to digging and burrowing underground. Species
in this genus are relatively large, and tend to have elongated bodies
and tails and reduced limbs compared to other lungless salamanders
(CaliforniaHerps 2007, p. 2; Hansen and Wake 2005, p. 694; Jockusch and
Wake 2002, p. 362). The Tehachapi slender salamander is considered to
be closely related to the Kern Canyon slender salamander (Batrachoseps
simatus) (Hansen and Stafford 1994, p. 252).
The Tehachapi slender salamander is sexually dimorphic. The average
size of adult females is 2.24 inches (in) (57 millimeters (mm)), and
adult males average 2.13 in (54 mm) snout to vent length (Hansen and
Wake 2005, p. 694). The species has a broader head, longer legs, a
shorter tail, and broader feet compared to other Batrachoseps species
(Brame and Murray 1968, p. 20; CaliforniaHerps 2007). Both front and
hind feet have four toes and are more webbed than other Batrachoseps
species (Brame and Murray 1968, p. 18; Californiaherps 2007). The
species lacks lungs and breathes through its smooth, thin skin (Hansen
and Stafford 1994, p. 252; Californiaherps 2007, p. 2). The dorsal
color may be dark red, brick red, or light or dark brown with light tan
or black patches or blotches that may form a band-like pattern (Brame
and Murray 1968, p. 18; Californiaherps 2007, p. 2).
The petition provided information indicating that the two known
populations of the Tehachapi slender salamander may represent separate
species, based on Hansen and Wake (2005, p. 694). Hansen and Wake
(2005, p. 694) report high levels of differences in coloration, size,
and genes between the Caliente Canyon population and the population
found in the Tehachapi Mountains and suggest that these two populations
represent different species. According to Hansen (2007, p. 1), the
morphological and genetic differences between the two populations
provide evidence that they have been separated for a long time and are
likely not interbreeding. Due to the distance between the Tehachapi
Mountain and the Caliente Creek Canyon populations (closest estimated
distance is 13 miles (21 kilometers)) and Highway 58 dividing them, it
is unlikely that any gene flow occurs between them. However, the
petitioner clarifies that the petition applies to both populations.
Distribution
The Tehachapi slender salamander was first described in 1968. The
species is found in two locations, both of which are in Kern County,
California (Brame and Murray 1968, p. 20; Hansen and Wake 2005, pp. 693
and 695). The Caliente Canyon location, also referred to as the
Caliente Creek area, is situated in the southern foothills of the
Sierra Nevada Mountains and south of Kern Canyon. This area is known to
contain the highest diversity of species of the Batrachoseps genus
(Jockusch 1996, p. 79). The majority of the Caliente Canyon
distribution occurs on private land. The second location is southwest
of the Caliente Canyon area, in the Tehachapi Mountains. The Tehachapi
Mountains connect the Southern Sierra Mountain Range with the
Transverse Ranges and form the southeastern boundary of the Central
Valley of California. The majority of the Tehachapi Mountain population
occurs on Tejon Ranch.
The home range size of the Tehachapi slender salamander is unknown,
although the species is believed to be sedentary (Jockusch 1996, p. 80;
Hansen and Wake 2005, p. 694). Genetic studies of Batrachoseps species
indicate that females have limited movement, suggesting that home
ranges are likely to be small. Jockusch (1996, p. 80) observed genetic
differences in black-bellied slender salamander (Batrachoseps
nigriventris) populations over short geographic distances, indicating
that the females have not moved between populations for millions of
years.
The Caliente Canyon and Tehachapi Mountain populations are
sympatric (co-occur) with the yellow-blotched ensatina salamander
(Ensatina eschscholtzii croceater). The Tehachapi Mountain population
also co-occurs with the black-bellied slender salamander in the
Pastoria and Tejon Creek drainages (Hansen and Wake 2005, p. 694).
Although the range of the Tehachapi slender salamander overlaps with
that of the black-bellied slender salamander, the Tehachapi slender
salamander appears to be more of a habitat specialist (Hansen and Wake
2005, p. 694).
The Service has limited information about the size and distribution
of the Tehachapi Mountain and Caliente Canyon populations of the
Tehachapi slender salamander; however, the Service does have documented
occurrence information based on CNDDB data and published literature
(CNDDB 2007, Jockusch and Wake 2002, p. 367, in litt. Flaxington 2007).
Habitat Characteristics
Although all the species in the genus Batrachoseps are strictly
terrestrial during all life stages, they are dependent on moisture.
Species in this genus are either restricted to moist microhabitats or
are only seasonally active above the soil surface in arid regions
(Jockusch and Wake 2002, p. 362). The Tehachapi slender salamander has
been observed in mesic (moderately to constantly moist) microhabitats
in areas that are moderately arid in southern California. Specifically,
the species has been recorded only on north-facing slopes within
canyons or ravines, beneath rocks, fallen logs, talus, or leaf litter
in Caliente Canyon and the Tehachapi Mountains in Kern County (Hansen
and Wake 2005, p. 694; CaliforniaHerps 2007, p. 2).
The Caliente Canyon population is found at lower elevations (1,660
to 2,999 feet (ft) (506 to 914 meters (m)) in Caliente Canyon (CNDDB
2007; Hansen and Wake 2005, p. 693) in limestone or granite talus and
scattered rocks (Hansen and Wake 2005, p. 694). The Tehachapi Mountain
population is found in the canyons of the Tehachapi Mountains, at
higher elevations (3,350 ft to 4,600 ft (1,021 m to 1,402 m)) under
wood, leaf litter, or talus (CaliforniaHerps 2007, p. 2; CNDDB 2007;
Hansen and Wake 2005, p. 694). The species has been found in
microhabitats containing areas of hardwood (e.g., open canopies of
sycamores (Platanus racemosa), California buckeyes (Aesculus
californica), and live oaks (Quercus spp.)), conifers, and riparian
vegetation (CNDDB 2007).
Life History
Tehachapi slender salamanders spend most of their time below
ground. Individuals emerge during periods of precipitation. The surface
activity period is February to March, but may extend to April or May in
years with high precipitation (Hansen and Wake 2005, p. 694).
The breeding season is unknown; however, Hansen and Wake (2005, p.
694) suggest that the timing of mating and egg deposition may vary with
climate pattern. The Tehachapi slender salamander breeds on land;
however, breeding behavior and specific habitat requirements are
unknown (Hansen and Wake 2005, p. 694). Although nests have not been
found for the species, it is likely that eggs are deposited deep within
the rock talus or litter (Hansen and Wake 2005, p. 694). Young hatch
[[Page 18339]]
fully formed (CaliforniaHerps 2007, p. 2).
Information on the diet of the species is sparse, as is information
on its predators. The diet is comprised of small arthropods and other
invertebrates (Brame and Murray 1968, p. 1; Hansen and Wake 2005, p.
694; Californiaherps 2007, p. 2). Possible predators include larger
vertebrates, such as snakes.
A unique behavioral characteristic of Batrachoseps species is that
they can coil their bodies much like a snake or a wire spring (Brame
and Murray 1968, p. 1). In addition to coiling, defensive behaviors of
the Tehachapi slender salamander include immobility, rapid crawling,
and the ability to detach and regenerate the tail (Hansen and Wake
2005, p. 694; Californiaherps 2007, p. 2).
Current Status
The Tehachapi slender salamander was listed as threatened under the
California Endangered Species Act (CESA) by the State of California on
June 27, 1971 (California Natural Diversity Database 2007). The species
has a global heritage ranking of G2 meaning that the species is
considered globally imperiled (NatureServe 2006, p. 1). The species
currently has no status under the Federal Endangered Species Act.
Factors Affecting the Species
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations at 50 CFR 424 set forth the procedures for adding species
to the Federal List 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) Present or threatened destruction, modification, or
curtailment of habitat or range; (B) overutilization for commercial,
recreational, scientific, or educational purposes; (C) disease or
predation; (D) inadequacy of existing regulatory mechanisms; or (E)
other natural or manmade factors affecting its continued existence. In
making this 90-day finding, we evaluate whether information concerning
threats to the Tehachapi slender salamander, as presented in the
petition and clarified by information available in our files at the
time of the petition review, constitutes substantial scientific or
commercial information such that listing under the Act may be
warranted. Our evaluation of this information is presented below.
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
The petitioner states that population declines and localized
extirpation of the Tehachapi slender salamander may be occurring and
that these may be due to the modification and destruction of salamander
habitat by residential and commercial development, road construction,
mining, domestic livestock grazing, and flood control projects.
Habitat destruction, degradation, and fragmentation have occurred
in the past, and continue to occur within the range of the Tehachapi
slender salamander, although we do not have information on the degree
of these impacts at this time. Based on maps from the Tejon Ranch's Web
site, the habitat range, reported sightings of the species (CNDDB
2007), and the research of Jockusch and Wake (2002, p. 367), general
plans for future development on the ranch appear to overlap with 5 of
the 9 known Tehachapi Mountain population occurrences (CNDDB 2007,
Jockusch and Wake 2002, p. 367). That said, we do not have detailed
information concerning where development footprints would occur. Tejon
Ranch Corporation is currently developing a multispecies Habitat
Conservation Plan that is proposed to include conservation of the
Tehachapi slender salamander on Tejon Ranch lands. That document has
not yet been completed, and we are continuing to work with Tejon Ranch
Corporation on the development of this conservation strategy.
The petition also generally cites road construction and
maintenance, mining, livestock grazing, and flood control projects as
having a negative effect on the species and its habitat. Sources cited
in the petition, in addition to the information provided in the CNDDB
(2007) records, confirm the claims in the petition that habitat
disturbances from roads and livestock grazing continue to occur in the
Caliente Canyon area occupied by the species. Of the nine known
occurrences of the Caliente Canyon population, three occur on Bureau of
Land Management lands (BLM) where road construction and maintenance,
livestock grazing, and mining activities are known to occur (CNDDB
2007; Kuritsubo pers. com. 2008). Additionally, Hansen and Wake (2005,
p. 693) state that freeway and highway construction have adversely
affected the Tehachapi slender salamander and its habitat. Based on
current information in our files regarding Tejon Ranch Corporation's
development plans, mining, livestock grazing, road construction and
maintenance, and information regarding impacts to Tehachapi slender
salamander habitat on BLM lands, we believe that the threats associated
with Factor A documented in the petition continue to exist.
The data presented in the petition, as well as information in our
files, relating to threats to the Tehachapi slender salamander and its
habitat from road construction and maintenance, residential and
commercial development, livestock grazing, and mining are credible and
substantial. We find that the petition presents substantial information
that the Tehachapi slender salamander may be threatened by the present
or threatened destruction, modification, or curtailment of habitat or
range.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The petition did not provide information or list any threats to the
Tehachapi slender salamander from overutilization for commercial,
recreational, scientific, or educational purposes, nor do we have any
information in our files regarding potential threats to the species due
to this factor. As a result, we have determined that the petition does
not present substantial information that the Tehachapi slender
salamander may be threatened by overutilization for commercial,
recreational, scientific, or educational purposes.
C. Disease or Predation
The petition did not provide information or list any threats to the
Tehachapi slender salamander resulting from disease or predation, nor
do we have any information in our files regarding potential threats to
the species due to this factor. As a result, we have determined that
the petition does not present substantial information that the
Tehachapi slender salamander may be threatened by disease or predation.
D. The Inadequacy of Existing Regulatory Mechanisms
The petition discussed existing regulatory mechanisms and their
perceived inadequacy. The petitioner claimed that protections afforded
the species under the CESA are limited because the State statute does
not bind Federal agencies, such as the BLM, that manage lands
containing Tehachapi slender salamander habitat and lacks explicit
protections for habitat and recovery plan requirements to protect
habitat and develop recovery plans. The petitioner also asserted that
BLM's
[[Page 18340]]
designation of the Tehachapi slender salamander as a sensitive species
provides no protection to the salamander.
The California Endangered Species Act (CESA) provides protections
for the Tehachapi slender salamander both through the prohibition on
take of state listed species without authorization and the requirement
that any take authorized under the statute must be fully mitigated.
However, the interpretation of ``take'' under state law may be narrower
than under the ESA and may not fully address impacts to the species
resulting from habitat loss or degradation. Moreover, while CESA offers
protections for the Tehachapi slender salamander on state and privately
owned land, it does not constrain Federal activities, particularly
those occurring on Federal lands, where a substantial proportion of
Tehachapi slender salamanders occur. Because the Tehachapi slender
salamander is not protected under Federal law, Federal agencies are not
required to consider the effects of their actions on the species or
mitigate for those impacts.
Based on CNDDB data and land boundary confirmation from BLM, we
believe that approximately one third of the known occurrences of the
Caliente Canyon population of the Tehachapi slender salamander occurs
on BLM land (Kuritsubo pers. com. 9/2/2008). BLM has identified the
Tehachapi slender salamander as a sensitive species and surveys for the
salamander prior to conducting activities that may affect the species
in areas containing suitable habitat in accordance with agency policy
directives. However, although BLM considers the presence of salamanders
when planning and implementing management activities (Kuritsubo 2007,
p. 1; Larson 2008, p. 1) it is not legally required to, and does not
necessarily, avoid or mitigate the impacts of agency actions on the
species.
The prohibition on ``take'' of the Tehachapi slender salamander
under CESA may not fully address impacts to the species resulting from
habitat loss on state and private lands, and neither CESA nor Federal
law currently protects the salamander and its habitat from the impacts
of Federal activities, particularly those that occur on Federal lands.
Therefore, we believe that there are potential threats to the species
with respect to this factor. We have determined that the petition
presents substantial information that the Tehachapi slender salamander
may be threatened due to the inadequacy of existing regulatory
mechanisms. We hope to gain further information on the magnitude of the
threats under Factor D during the status review.
E. Other Natural or Manmade Factors Affecting Continued Existence
The petitioner pointed out that the small size of the populations
and localized occurrences of the species make it particularly
vulnerable to environmental, genetic, and demographic stochastic
events. In addition, the petitioner states that available scientific
information indicates that climate change exemplified by hotter and
drier summers and more extreme weather patterns threatens the Tehachapi
slender salamander.
Stochastic Events
The petition did not include information on the size of the
Caliente Creek and Tehachapi Mountain populations of the Tehachapi
slender salamander, and we have no information on this in our files.
Nor do we have information concerning the species' status to indicate
whether the populations are increasing, decreasing, or stable. We note
that the number of documented occurrences of the species since it was
discovered is small. Based on the best scientific and commercial
information that we have to date, the species does appear to be rare
because of its limited distribution, few recorded individuals, and
specific habitat requirements. The species may be vulnerable to
stochastic events (e.g., severe drought) because the range of the
species is limited, the species is composed of only two populations
that are separate from each other, there is an apparent lack of gene
flow between the two populations, and the species occupies a restricted
mesic habitat (Hansen and Wake 2005, p. 694; Hansen 2007, p. 1).
Therefore, we find the petition and information readily available
to the Service presents substantial information to indicate stochastic
events may be a threat to the species.
Climate Change
As cited in the petition, the Environmental Protection Agency (EPA)
reported in 1997 (p. 1) that the earth's climate is predicted to change
as a result of human activities that alter the atmosphere by causing a
cumulative increase in greenhouse gases, particularly carbon dioxide,
methane, nitrous oxide, and chlorofluorocarbons. In the report, the EPA
(1997, p. 2) states that average temperatures and frequency of extreme
rainfall in the United States are expected to rise. The EPA predicts
that California may experience an increase of 5 degrees Fahrenheit (2.8
degrees Celsius) and an overall increase in precipitation of 20 to 30
percent by 2100. The report states that Fresno, California,
approximately 162 mi (261 km) north of the Tehachapi Mountains, has
experienced an average increase in temperature of 1.4 degrees
Fahrenheit (0.8 degrees Celsius) over the past 100 years. Despite the
trend observed for the United States in increased rainfall, Fresno has
experienced a decrease in precipitation by up to 20 percent over the
past century (EPA 1997, p. 2). The Intergovernmental Panel on Climate
Change provides a more recent report that supports EPA's prediction on
a global scale and adds that rising air and ocean temperature is
unquestionable (IPCC 2007, p. 4).
We acknowledge that temperatures in southern California where the
Tehachapi slender salamander occurs are likely to increase. We also
agree that, if hotter and drier summers and more extreme weather
patterns were to occur within its range, the Tehachapi slender
salamander may be negatively affected. However, we believe that climate
change models that are currently available are not yet capable of
making meaningful predictions of climate change for specific, local
areas such as the range of the Tehachapi slender salamander (Parmesan
and Matthews 2005, p. 354). We do not have models to predict how the
climate in the range of the Tehachapi slender salamander will change,
and we do not know how any change may alter the range of the species.
Although the petitioner provides information on climate change models
and trends, we do not have information on past and future weather
patterns within the specific range of the species to conclude that the
species may be threatened by climate change.
Therefore, we find the information presented in the petition does
not provide substantial information to indicate that climate change may
be a threat to the species. However, we will continue to evaluate the
potential affects of climate change on the species and its habitat
during our status review.
Based on the information submitted in the petition, we have
determined that substantial information has been presented that the
Tehachapi slender salamander may be threatened due to other natural or
manmade factors (stochastic events) affecting its continued existence
(Factor E).
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
[[Page 18341]]
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 at the time we make the
determination. 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 reviewed the petition, supporting information provided by the
petitioner, and information in our files, and we evaluated that
information to determine whether the sources cited support the claims
made in the petition. The petition and supporting information
identified numerous factors affecting the Tehachapi slender salamander
including: road construction, residential and commercial development,
mining, grazing, and flood control projects (Factor A); lack of
regulatory mechanisms protecting the species and its habitat (Factor
D); and climate change and environmental, genetic, and demographic
stochastic events (Factor E). Of the factors listed above, we conclude
that substantial information was provided that road construction,
residential and commercial development, livestock grazing, and mining
(Factor A) may threaten Tehachapi slender salamanders. We also found
that the species may be threatened by the inadequacy of existing
regulatory mechanisms (Factor D) and stochastic events (Factor E).
On the basis of information provided in the petition and other
information readily available to us, we have determined that the
petition presents substantial scientific or commercial information that
listing the Tehachapi slender salamander may be warranted. Therefore,
we are initiating a status review to determine if listing the species
is warranted. During the status review, we will consider threats to the
Tehachapi slender salamander under all of the listing factors above. To
ensure that the status review is comprehensive, we are soliciting
scientific and commercial data and other information regarding this
species.
The petitioner also requested that critical habitat be designated
for the Tehachapi slender salamander. We always consider the need for
critical habitat designation when listing species. If we determine in
our 12-month finding following the status review of the species that
listing the Tehachapi slender salamander is warranted, we will address
the designation of critical habitat at the time of the proposed
rulemaking.
Significant Portion of the Species' Range
The petitioner seeks to list the entire Tehachapi slender
salamander species. During our status review we will evaluate whether
the best available scientific and commercial information supports
listing the species throughout its entire range, or whether there may
be a significant portion of the range that may be threatened or
endangered. As a result, we will defer our analysis and determination
of issues of significant portion of range to our status review and the
12-month finding.
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
as to whether a petitioned action is warranted is not made until we
have completed a thorough status review of the species, which is
conducted following a positive 90-day finding. Because the Act's
standards for 90-day and 12-month findings are different, a positive
90-day finding does not mean that the 12-month finding also will be
positive.
References Cited
A complete list of all references cited is available, upon request,
from our Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT section above).
Author
The primary author of this notice is the staff of the Ventura Fish
and Wildlife Office (see FOR FURTHER INFORMATION CONTACT section
above).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: April 15, 2009.
Rowan W. Gould,
Director, U.S. Fish and Wildlife Service.
[FR Doc. E9-9220 Filed 4-21-09; 8:45 am]
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