[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Rules and Regulations]
[Pages 23869-23872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09489]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2021-0009; FF09E21000 FXES11110900000 212]
Endangered and Threatened Wildlife and Plants; Three Salamander
Species Not Warranted for Listing as Endangered or Threatened Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notification of findings.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce
findings that three salamander species, the Samwel salamander
(Hydromantes samweli), Shasta salamander, (H. shastae), and Wintu
salamander (H. wintu), are not warranted for listing as endangered or
threatened species under the Endangered Species Act of 1973, as amended
(Act). However, we ask the public to submit to us at any time any new
information relevant to the status of any of the three species or their
habitats.
DATES: The findings in this document were made on May 5, 2021.
ADDRESSES: Detailed descriptions of the bases and supporting
information for these findings is available on the internet at http://www.regulations.gov at Docket No. FWS-R8-ES-2021-0009 or by contacting
the person specified under FOR FURTHER INFORMATION CONTACT. Please
submit any new information, materials, comments, or questions
concerning this finding to the appropriate person specified under FOR
FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Jenny Ericson, Field Supervisor, U.S.
Fish and Wildlife Service, Yreka Fish and Wildlife Office, 1829 S
Oregon St., Yreka, CA 96097; telephone 530-841-3115. If you use a
telecommunications device for the deaf (TDD), please call the Federal
Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), we
are required to make a finding whether or not a petitioned action is
warranted within 12 months after receiving any petition for which we
have determined contains substantial scientific or commercial
information indicating that the petitioned action may be warranted
(``12-month finding''). We must make a finding that the petitioned
action is: (1) Not warranted; (2) warranted; or (3) warranted but
precluded. We must publish a notice of these 12-month findings in the
Federal Register.
Summary of Information Pertaining to the Five Factors
Section 4 of the Act (16 U.S.C. 1533) and the implementing
regulations at part 424 of title 50 of the Code of Federal Regulations
(50 CFR part 424) set forth procedures for adding species to, removing
species from, or reclassifying species on the Lists of Endangered and
Threatened Wildlife and Plants (Lists). The Act defines ``species'' as
including any subspecies of fish or wildlife or plants, and any
distinct population segment of any species of vertebrate fish or
wildlife which interbreeds when mature (16 U.S.C. 1532(16). The Act
defines ``endangered species'' as any species that is in danger of
extinction throughout all or a significant portion of its range (16
U.S.C. 1532(6)), and ``threatened species'' as any species that is
likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range (16 U.S.C.
1532(20)). Under section 4(a)(1) of the Act, a species may be
determined to be an endangered species or a threatened species because
of any of the following five factors:
(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.
These factors represent broad categories of natural or human-caused
actions or conditions that could have an effect on a species' continued
existence. In evaluating these actions and conditions, we look for
those that may have a negative effect on individuals of the species, as
well as other actions or conditions that may ameliorate any negative
effects or may have positive effects.
We use the term ``threat'' to refer in general to actions or
conditions that are known to or are reasonably likely to negatively
affect individuals of a species. The term ``threat'' includes actions
or conditions that have a direct impact on individuals (direct
impacts), as well as those that affect individuals through alteration
of their habitat or required resources (stressors). The term ``threat''
may encompass--either together or separately--the source of the action
or condition or the action or condition itself. However, the mere
identification of any threat(s) does not necessarily mean that the
species meets the statutory definition of an ``endangered species'' or
a ``threatened species.'' In determining whether a species meets either
definition, we must evaluate all identified threats by considering the
expected response by the species, and the effects of the threats--in
light of those actions and conditions that will ameliorate the
threats--on an individual, population, and species level. We evaluate
each threat and its expected effects on the species, then analyze the
cumulative effect of all of the threats on the species as a whole. We
also consider the cumulative effect of the threats in light of those
actions and conditions that will have positive effects on the species,
such as any existing regulatory mechanisms or conservation efforts. The
Secretary determines whether the species meets the definition of an
``endangered species'' or a ``threatened species'' only after
conducting this cumulative analysis and describing the
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expected effect on the species now and in the foreseeable future.
The Act does not define the term ``foreseeable future,'' which
appears in the statutory definition of ``threatened species.'' Our
implementing regulations at 50 CFR 424.11(d) set forth a framework for
evaluating the foreseeable future on a case-by-case basis. The term
``foreseeable future'' extends only so far into the future as the
Service can reasonably determine that both the future threats and the
species' responses to those threats are likely. In other words, the
foreseeable future is the period of time in which we can make reliable
predictions. ``Reliable'' does not mean ``certain''; it means
sufficient to provide a reasonable degree of confidence in the
prediction. Thus, a prediction is reliable if it is reasonable to
depend on it when making decisions.
It is not always possible or necessary to define foreseeable future
as a particular number of years. Analysis of the foreseeable future
uses the best scientific and commercial data available and should
consider the timeframes applicable to the relevant threats and to the
species' likely responses to those threats in view of its life-history
characteristics. Data that are typically relevant to assessing the
species' biological response include species-specific factors such as
lifespan, reproductive rates or productivity, certain behaviors, and
other demographic factors.
In conducting our evaluation of the five factors provided in
section 4(a)(1) of the Act to determine whether the Samwel salamander
(Hydromantes samweli), Shasta salamander, (H. shastae), or Wintu
salamander (H. wintu) (together referred to as the Shasta Complex
salamanders) meet the definition of ``endangered species'' or
``threatened species,'' we considered and thoroughly evaluated the best
scientific and commercial information available regarding the past,
present, and future threats for the three species. We reviewed the
petition, information available in our files, and other available
published and unpublished information. Our evaluation included
information from recognized experts as well as Federal and State
government resource and land management agencies.
We developed a species status assessment (SSA) (Service 2021a,
entire) for the Shasta Complex salamanders that contains more detailed
biological information, species' needs information, and information on
the threats facing the three species and their habitat now and into the
future. We also developed a species assessment form (Service 2021b,
entire) that contains our analysis of the listing factors and documents
our determination that these species do not meet the definition of an
endangered species or a threatened species. This supporting information
can be found on the internet at http://www.regulations.gov under Docket
No. FWS-R8-ES-2021-0009. The following is an informational summary of
the finding for the Shasta Complex salamanders and information found in
the SSA and species assessment form for the three species. Please see
those documents for additional information.
Previous Federal Actions
On July 11, 2012, we received a petition from the Center for
Biological Diversity to list 53 species of reptiles and amphibians,
including the Shasta salamander (Hydromantes shastae), as endangered or
threatened under the Act (Center for Biological Diversity 2012,
entire). On September 18, 2015, we published in the Federal Register
(80 FR 56423) our 90-day finding that the petition presented
substantial scientific or commercial information indicating that
listing the Shasta salamander as endangered or threatened may be
warranted based on impacts to the species' habitat (Factor A) and other
natural or humanmade factors (Factor E). On April 23, 2018, the
petitioners (Center for Biological Diversity 2018, entire) supplied us
with a publication regarding a taxonomic split of the Shasta salamander
into three separate species (Samwel salamander (Hydromantes samweli),
Shasta salamander (H. shastae), and Wintu salamander (H. wintu)
(Bingham et al. 2018, entire)), and requested that we consider this
information in our status review. On November 29, 2018, we received a
complaint for not completing the 12-month finding. Per a court approved
settlement agreement, we agreed to deliver a 12-month finding for the
Shasta salamander to the Federal Register by April 30, 2021. This
document complies with the settlement agreement.
Species Description
The Shasta salamander was first described in 1953, as a single
species (Gorman and Camp 1953, entire). Since that time the scientific
community has determined that the Shasta salamander is made up of three
separate individual species (Bingham et al. 2018, entire). The three
species are identified as the Samwel salamander (Hydromantes samweli),
Shasta salamander (H. shastae), and Wintu salamander (H. wintu). We
refer to the three species in the species assessment form (Service
2021b, entire), the SSA (Service 2021a, entire), and this document as
the Shasta Complex salamanders. The three salamanders are lungless web-
footed salamanders that breathe through their skin and the mucous
membrane in their mouth and throat. The three species are very similar
except that the Shasta salamander has a longer third digit on the pes
(rear foot). The approximate length of the three species is
approximately 2 to 2.5 inches (51 to 64 millimeters). The three species
have short, strongly tapered, generally blunt-tipped tails and broad,
flattened heads.
Taxonomy and Genetic Information
From 1953 to 2018, the Shasta salamander was recognized as a single
species (Gorman and Camp 1953, entire; Gorman 1964, entire; Rovito
2010, entire). However, a high degree of variation in genetic structure
and genetic divergence was found after both mitochondrial and nuclear
DNA studies of the species were completed (Wake et al. 1978, entire;
Wake and Papenfuss 2005, entire; Bingham 2007, entire). As such, and as
noted above, in 2018 the Shasta salamander was split into three
separate species (Bingham et al. 2018, entire). Based on this study,
there are three divergent lineages made up of five genetic clades (a
group of organisms that evolved from a common ancestor) (Bingham et al.
2018, pp. 403, 407). Hydromantes shastae and H. wintu make up two of
the clades, with H. samweli having three genetic clades (Bingham et al.
2018, p. 408). This information has been published and the split of the
Shasta salamander has been accepted by the scientific community. After
review of this information, we have determined that the three species
are listable entities under the Act.
Habitat/Life History
The three species are strictly terrestrial for their entire lives
and must remain moist in order for individuals to absorb oxygen through
their skin. Consequently, the three salamanders are surface active only
when it is moist and cool. Historically, the three species were thought
to occur only in and around limestone rock outcrops or within limestone
caves. In the last 25 years, the three species have been found in a
broader range of habitats away from limestone, including other types of
rock outcrops, and even habitats with no rock outcrop associations,
such as areas with thick vegetative litter (Lindstrand 2000, pp. 259-
261; Nauman and Olson 2004, pp. 35-38; Lindstrand et al. 2012, pp. 236-
241).
[[Page 23871]]
Range/Distribution
The historical range of the three species is restricted to
unglaciated and non-volcanized forested areas within the lower McCloud
River, Pit River, Sacramento River, and Squaw Creek watersheds in
Shasta County, California, with Samwel salamander extending slightly
further west. The absence of glaciation and volcanic activity has
maintained the limestone and other rock outcrops and subsurface
characteristics of the area occupied by the three species. Although
current survey efforts have identified the distribution of the three
species within their respective ranges, the exact distribution and
abundance of the three species within the larger range of suitable
geologic habitat around and near Shasta Lake is unknown, as surveys in
such areas are difficult to obtain given the physical restrictions of
accessing the terrain and difficulty of detecting individuals. The
current range of the three species is similar to their historical range
with likely some loss due to the construction of Shasta Dam and
subsequent inundation from Shasta Lake in the 1950s.
Evaluation of Status
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to the Samwel salamander, Shasta salamander, and Wintu salamander, and
we evaluated all relevant factors under the five listing factors,
including any regulatory mechanisms and conservation measures
addressing these threats and the cumulative impact of these threats.
Our analysis identified the threats from habitat loss, degradation, and
modification due to vegetation management and wildfire (Factor A) and
the effects of increased temperature and reduced moisture from climate
change (Factor E) as the main threats currently facing the three
species. We also identified the additional threat of the proposed
action of raising Shasta Dam and the subsequent removal and inundation
of habitat for the three species (Factor E).
Existing conservation measures for the species and their habitats
include State and Federal protections and conservation measures. The
Shasta salamander was listed by the State of California as a threatened
species under the California Endangered Species Act (CESA) before it
was split into three separate species. The State has not officially
recognized the split; however, the State listing provides measures to
protect and conserve all three species. For example, any road
construction or maintenance actions associated with timber harvest
plans or other roadways managed by Caltrans, the counties, or other
private landowners undergo environmental compliance review with the
State under CESA and the California Environmental Quality Act, to
ensure that impacts to species listed as threatened by the State are
mitigated. The three species are also managed by the U.S. Forest
Service and Bureau of Land Management as sensitive species and
currently receive protection through conservation measures and best
management practices under the Northwest Forest Plan's Survey and
Manage program and Sensitive Species programs. These measures reduce or
eliminate impacts to rock outcrops, limestone areas, and known
salamander occurrence sites during road construction and maintenance
activities as well as any vegetation management actions.
After review of the threats identified above and cumulative effects
facing the species, as well as existing conservation measures, we
conclude that habitat loss or disturbance from various threats (e.g.,
vegetation management activities, wildfire, climatic changes) within
the range of the Samwel, Shasta, and Wintu salamanders have likely
impacted individuals of each species. However, the magnitude and extent
of these impacts up to the present time have not impacted the
resiliency, representation, or redundancy for each species or resulted
in a decline in the overall distribution or general demographic
condition of any of the three species such that they are in danger of
extinction now throughout all of their ranges.
In determining potential future threats facing the three species,
we evaluated various climate change projections using downscaled data
for interior northern California, which includes the ranges of the
three species. Our timeframe for review looked out approximately 15,
30, and 50 years based on the threat information identified below and
climate change data. This was our timeframe for our threats analysis of
future conditions for the three species to determine if they were
likely to become endangered within the foreseeable future (i.e., if
they meet the Act's definition of ``threatened species'') throughout
all of their ranges.
In our analysis of potential future conditions, we analyzed the
future conditions related to vegetation management, future wildfire
conditions, and projected climate change effects such as variability of
precipitation events and timing, increased temperatures, reduced
snowpack, and prolonged drought. We also identified the additional
threat of the proposed action of raising Shasta Dam and the subsequent
removal and inundation of habitat for the three species.
We anticipate that vegetation management activities and wildfire
will have a similar degree of impact into the future as they do
currently, and that they will not result in impacts to the three
species at a level such that they would meet the Act's definition of
``threatened species.'' Although the potential raising of Shasta Dam
would affect individuals and inundate or remove additional habitat for
the three species, the extent of the potential loss of known detection
sites and habitat areas that can support individuals is very limited
relative to the overall number of detection sites and remaining
available suitable habitat in each species' range.
We expect that existing regulatory mechanisms and conservation
measures will continue to help ameliorate or reduce impacts of threats
to the species and will protect Shasta Complex salamanders and their
habitats now and into the foreseeable future (50 years) such that their
resiliency, representation, and redundancy will support their ability
to sustain populations in the wild over time.
We also reviewed whether there were any significant portions of the
three species' ranges that may meet the definition of endangered or
threatened. In our analysis, we did not find any portion of the Samwel,
Shasta, or Wintu salamanders' ranges where the threats identified above
are currently acting on the three species at a biologically meaningful
scale such that the species may be endangered, or are likely to act on
the species into the future such that they may be threatened.
Therefore, no portion of the three species' ranges can provide a basis
for determining that any one of the three species is in danger of
extinction now or likely to become so in the foreseeable future in a
significant portion of its range.
Finding
Our review of the best available scientific and commercial
information indicates that the Samwel salamander, Shasta salamander,
and Wintu salamander do not meet the definition of an endangered
species or a threatened species in accordance with sections 3(6) and
3(20) of the Act. Therefore, we find that listing the Samwel
salamander, Shasta salamander, and Wintu salamander as endangered or
threatened species under the Act is not warranted at this time. A
detailed discussion of the
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basis for this finding can be found in the SSA (Service 2021a, entire)
and species assessment form (Service 2021b, entire).
Request for New Information
We request that you submit any new information concerning the
taxonomy of, biology of, ecology of, status of, or threats to the
Samwel salamander, Shasta salamander, or Wintu salamander to the Yreka
Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT),
whenever it becomes available. New information will help us monitor
these three species and make appropriate decisions about their
conservation and status. We encourage Federal, State, and local
agencies and stakeholders to continue cooperative monitoring and
conservation efforts for the three species.
References Cited
A list of the references cited in this petition finding is
available on the internet at http://www.regulations.gov at Docket No.
FWS-R8-ES-2021-0009 or upon request from the person specified under FOR
FURTHER INFORMATION CONTACT.
Authors
The primary authors of this document are the staff members of the
Species Assessment Team, Ecological Services Program.
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2021-09489 Filed 5-4-21; 8:45 am]
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