Background and Q&A
Re-proposal of critical habitat for California
red-legged frog

November 3, 2005

News Release

Federal Register Notices

text | pdf

Maps of proposed critical habitat

California red-legged frog/ FWS photo

Background:
The California red-legged frog (Rana aurora draytonii) is the largest native frog in the western United States, ranging in size from 1.5 to 5 inches long, but is significantly smaller than the introduced bullfrog, one of its biggest predators. The bodies of adult females are approximately one inch longer than those of adult males.

The belly and hind legs of adult frogs are often red or salmon pink; the back is characterized by small black flecks and larger dark blotches on a background of brown, gray, olive or reddish-brown.

California red-legged frogs have been found from sea level to about 5,000 feet in California and Baja California, Mexico, and may be found in a variety of habitats. The frogs breed in aquatic habitats such as streams, ponds, marshes and stock ponds. During wet weather, frogs may move through upland habitats. Frogs spend considerable time resting and feeding in riparian habitat. They eat mostly invertebrates, and they feed at night.

California red-legged frogs are relatively prolific breeders, usually laying egg masses during or shortly following heavy rainfall in late winter or early spring. The species breeds in aquatic habitats such as streams, ponds, marshes and stock ponds. Females can lay between 2,000 and 5,000 eggs in a single mass. The eggs are attached to bulrushes or cattails.

It takes six to 14 days for the eggs to hatch and approximately three and a half to seven months for the tadpoles to develop into frogs. The highest rates of mortality for this species occur during the tadpole stage: less than one percent of eggs hatched reach adulthood.

The young frogs hunt day and night. This constant activity makes them visible, and, consequently, more vulnerable to predators. Pacific tree frogs and California mice make up the majority of this species' diet, with insects composing the rest.

Historically, the California red-legged frog was found in 46 counties. The range extended coastally from the vicinity of Point Reyes National Seashore, Marin County, and inland from the vicinity of Redding, Shasta County, south to northwestern Baja California, Mexico. The frog has sustained a 70 percent reduction in its geographic range in California as a result of habitat loss and alteration, overexploitation, and introduction of exotic predators.

Today, only 26 counties support known populations. The California red-legged frog is found primarily in coastal drainages of central California. Monterey, San Luis Obispo and Santa Barbara counties support the greatest amount of currently occupied habitat. Only four areas within the entire historic range of this species may currently harbor more than 350 adults. The California red-legged frog was listed as a threatened species under Federal law in 1996.

Q. What is critical habitat?

A. Critical habitat is a term in the Endangered Species Act (ESA). It identifies geographic areas that contain features essential for the conservation of a threatened or endangered species and may require special management considerations or protection.

Q. Does critical habitat create preserves or provide species with more protection?

A. No. A critical habitat designation does not affect land ownership or establish a refuge, wilderness, reserve, preserve or other conservation area. It does not allow government or public access to private lands and will not result in closure of the area to all access or use. However, listed species, including the California red-legged frog, and their habitats are protected by the Endangered Species Act regardless of whether they are in an area designated as critical habitat or not.

Q. Why is the Service re-proposing critical habitat now?

A. The Service designated critical habitat for the California red-legged frog on March 13, 2001. A lawsuit challenging the designation was filed in the Northern District Court of California on June 8, 2001. Plaintiffs included the Home Builders Association of Northern California, California Chamber of Commerce, California Building Industry Association, California Alliance for Jobs, and the Building Industry Legal Defense.

All but two of the critical habitat units were vacated by the Northern District Court of California on Nov. 6, 2002. The Court cited deficiencies in both the critical habitat designation, and the required economic analysis. It ordered the Fish and Wildlife Service to conduct a new economic analysis and publish a new critical habitat proposal by March 2004 and a final revised rule by November 2005. Because of the tight deadline, the Service's 2004 critical-habitat proposal was very similar to the 2001 designation, and the Service said at that time that its intention was to refine it in 2005, using improved mapping capabilities and updated information.

In today's action, the Service releases a refined critical-habitat proposal, using improved mapping and other information. The Service also considered public comments received last year in developing the new proposal. The Service has reached agreement with the court to extend the deadline into 2006. The comment period will end on Feb. 1, 2006.

Q. How did the Fish and Wildlife Service determine the boundaries of the proposed critical habitat units?

A. The Service defined unit boundaries based on wetland habitats, stream reaches, watershed boundaries, and the known distances the frogs can disperse in upland areas. The Service selected areas of high California red-legged frog abundance, areas essential to maintain connectivity between frog populations, and/or areas of unique ecological significance.

Q. How is this critical-habitat proposal different from the critical habitat the Service adopted in 2001 and re-proposed in 2004?

A. The proposed acreage of 737,912 is about 18 per cent of the area the Service proposed in 2004 in 25 counties. The new proposal contains 51 units, compared to 31 in the original designation, but the units are generally smaller. The Service has excluded 5,933 acres on Vandenberg Air Force Base that are covered by a conservation plan. In addition, the Service also advises in the proposed rule that it is considering the exclusion of 54,288 acres that are in the current proposal. It is seeking comments on those areas, which are generally areas that are protected by a Habitat Conservation Plan (HCP) or similar protective activity.

Q. What are the threats to the California red-legged frog?

A. The frog and its habitat are threatened by a multitude of factors including but not limited to:

•  Degradation and loss of habitat through urbanization, mining, improper management of grazing, recreation, invasion of nonnative plants, impoundments, water diversions and degraded water quality.

•  Introduced predators, such as bullfrogs.

•  Previous overexploitation.

Q. Why are the designated areas in this proposal so much smaller than in the previous proposal?

A. The previous proposal utilized blocks of watersheds that may or may not have had frogs living there.

In this proposal, the Service has eliminated areas that are not considered essential, and the unit boundaries were refined in accordance with the criteria for determining essential habitat as described above. The criteria for this determination were areas known to be occupied by California red-legged frog and areas of high quality habitat likely to be occupied by the frog based on proximity to known occurrences, contiguous habitat, and dispersal capabilities of the California red-legged frog.

The refined proposal includes large blocks of contiguous habitat that provide geographic distribution across the range of the subspecies, contains high quality habitat, allows for the long-term viability of the subspecies, represents the range of habitat and environmental variability the subspecies occupies, avoids conflict with commercial and residential development, focuses on public lands where available, and where possible, overlaps with other critical habitat designations.

As a result of this refined approach, the current proposal includes more, smaller units which more accurately reflect the requirements and known distribution of the California red-legged frog. Based on a refined approach, some areas previously proposed as critical habitat are no longer included in this new proposed designation, and based on new occurrence records there are several areas where units did not exist in the previous designation which have been determined essential and are proposing for critical habitat designation. Two unoccupied units (Unit 5 in Tuolumne and Mariposa Counties and Unit 31 in Los Angeles County) from a previous proposal are not being proposed. As mentioned above, the Service is seeking comment on the status of these units, whether they should remain as critical habitat and why these areas are essential to the conservation of the species.

Q. What protection does the California red-legged frog receive as a listed species?

A. The Endangered Species Act forbids the import, export or interstate or foreign sale of protected animals and plants without a special permit. It also makes "take" illegal – forbidding the killing, harming, harassing, possessing or removing of protected animals from the wild. Federal agencies must consult with the Service to ensure that projects they authorize, fund or carry out are not likely to jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of designated critical habitat.

Q. What is being done to save the California red-legged frog?

A. Recovery planning for this species began shortly after the 1996 listing. Species experts, state and Federal agency representatives, and stakeholders representing a variety of interests developed a comprehensive plan to recover the species. A copy of the recovery plan is available at the Service's national Web site. A recovery plan is an advisory document, so cooperation from private property owners and other stakeholders is voluntary. But that cooperation is crucial to achieving success.

In working to carry out the recovery plan, the Service is working with a variety of public and private partners to:

•  Protect existing populations by reducing threats.

•  Restore and create habitat that will be protected and managed in perpetuity.

•  Survey and monitor populations and conduct research on the species.

•  And re-establish populations of the species within the historic range.

Q. What happens if my private property is designated critical habitat for the California red-legged frog?

A. The designation of critical habitat on privately-owned land does not mean the government wants to acquire or control the land. Activities on private lands that do not require Federal permits or funding are not affected by a critical habitat designation. Critical habitat does not require landowners to carry out any special management actions or restrict the use of their land. However, the ESA prohibits any individual from engaging in unauthorized activities that will actually harm listed wildlife, including the California red-legged frog. That prohibition is in effect for any federally listed wildlife, with or without regards to the designation of critical habitat.

Q. How would the special rule work?

A. Section 4(d) of the Endangered Species Act provides authority for the Service to adopt special rules for threatened species that would relax specific prohibitions against killing or injuring the species. As a means to promote conservation efforts of the California red-legged frog, the Service is proposing a special rule that would exempt take of the threatened California red-legged frog caused by existing routine ranching activities on private or Tribal lands. This special rule will encourage landowners and ranchers to continue their livestock-related practices that are not only important for livestock operations, but also provide habitat for the California red-legged frog.

Q. What would constitute routine ranching activities, and what would not?

A. Under the proposed rule, routine ranching activities would include:

•  Livestock grazing according to normally acceptable and established levels of intensity in terms of the number of head of livestock per acre of rangeland.

•  Control of ground-burrowing rodents using poisonous grain according to the labeled directions and local, State, and Federal regulations.

•  Limited discing and grading of land to destroy rodent burrows and fill openings – generally near ranch buildings and in areas where livestock tend to be concentrated (e.g., corrals and watering areas).

•  Routine management and maintenance of stock ponds and berms to maintain livestock water supplies.

•  Control and management of noxious weeds.

Activities that are not exempt would include:

•  The use of toxic or suffocating gases to control rodents, due to its non-target mode of action.

•  Large-scale discing or grading of rangeland (generally, more than 10 acres).

•  The introduction of species into the stock pond that may prey on California red-legged frog adults, tadpoles, or eggs.

•  The introduction of chemicals into the stock pond during the breeding season of the California red-legged frog.

Where can I get more information about the California red-legged frog and this proposed critical habitat designation?

For general information, information on the special rule, and information about the proposed designation in Alameda, Butte, Calaveras, Contra Costa, El Dorado, Kern, Marin, Merced, Napa, Nevada, San Mateo, Santa Clara, Solano, Stanislaus, and Yuba counties, contact the Sacramento Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2800 Cottage Way, Suite W. 2605, Sacramento, CA 95825 (telephone 916/414-6600; facsimile 916/414-6712).

For information about the proposed designation in Monterey, Los Angeles, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz, and Ventura counties, contact the Ventura Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2394 Portola Road, Suite B, Ventura, CA 93003 (telephone 805/644-1766; facsimile 805/644-3958).

For information about the proposed designation in the San Gabriel Mountains of Los Angeles County and in Riverside County, contact the Carlsbad Fish and Wildlife Office, U.S. Fish and Wildlife Service, 2730 6010 Hidden Valley Road , Carlsbad , CA 92011 (telephone 760/431-9440; facsimile 760/431-9624).

How can I submit comments on this proposal?

Comments and materials may be submitted by any one of several methods:

•  Submit written comments and information to the Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Suite W. 2605, Sacramento, CA 95825.

•  Hand deliver written comments to the Sacramento Fish and Wildlife Office at the address above.

•  Submit comments by fax to (916) 414-6712.

•  Submit comments by electronic mail (e-mail) to fw1crlf@fws.gov.

In addition, requests for public hearings on the proposal must be submitted within 45 days to the Field Supervisor, U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Suite W. 2605, Sacramento , CA 95825.

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