[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Proposed Rules]
[Pages 14750-14759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5774]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List the Siskiyou Mountains Salamander and Scott Bar
Salamander as Threatened or Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.
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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 Siskiyou Mountains salamander
(Plethodon stormi) and Scott Bar salamander (Plethodon asupak) as
threatened or endangered, under the Endangered Species Act of 1973, as
amended (Act). We find that the petition presents substantial
scientific or commercial information indicating that listing these
species may be warranted. Therefore, with the publication of this
notice, we are initiating status reviews of these species, and we will
issue a 12-month finding to determine if the petitioned action is
warranted. To ensure that the status review of the Siskiyou Mountains
and Scott Bar salamanders is comprehensive, we are soliciting
scientific and commercial data
[[Page 14751]]
regarding these species. A determination on critical habitat will be
made if and when a listing action is initiated for these species.
DATES: The finding announced in this document was made on March 29,
2007. To be considered in the 12-month finding for this petition,
comments and information should be submitted to us by May 29, 2007.
ADDRESSES: The complete file for this finding is available for public
inspection, by appointment, during normal business hours at the Yreka
Fish and Wildlife Office, U.S. Fish and Wildlife Service, 1829 S.
Oregon Street, Yreka, CA 96097. Submit new information, materials,
comments, or questions concerning these species to us at the address
above or via electronic mail at [email protected].
FOR FURTHER INFORMATION CONTACT: Phil Detrich, Field Supervisor, Yreka
Fish and Wildlife Office (see ADDRESSES), or at (530) 842-5763. Persons
who use a telecommunications device for the deaf (TDD) may call the
Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Public Information Solicited
When we make a finding that a petition presents substantial
information to indicate 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 Siskiyou Mountains and Scott Bar salamanders. We
request any additional information, comments, and suggestions from the
public, other concerned governmental agencies, Tribes, the scientific
community, industry, or any other interested parties concerning the
status of the Siskiyou Mountains and Scott Bar salamanders. We are
seeking information regarding the species' historical and current
status and distribution, biology and ecology, ongoing conservation
measures for the species and habitat, and threats to either species or
habitat.
Please note that comments merely stating support or opposition to
the actions 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 shall be made ``solely on the basis of the best scientific and
commercial data available.'' At the conclusion of the status review, we
will issue the 12-month finding on the petition, as provided in section
4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.).
If we determine that listing either the Siskiyou Mountains
salamander or Scott Bar salamander is warranted, it is our intent to
propose critical habitat to the maximum extent prudent and determinable
at the time we would propose to list the species. Therefore, with
regard to areas within the geographical area currently occupied by the
species we also request data and information on what may constitute
physical or biological features essential to the conservation of either
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 of the geographical area occupied by
the species, which are essential to the conservation of either species.
Please provide specific comments as to what, if any, critical habitat
should be proposed for designation, if either species is proposed for
listing, and why that proposed habitat meets the requirements of the
Act.
If you wish to comment or provide information, you may submit your
comments and materials concerning this finding to the Field Supervisor
(see ADDRESSES) by the date listing in the DATES section.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so. Comments and materials received will be available for
public inspection, by appointment, during normal business hours at the
address listed in the ADDRESSES section.
Background
Section 4(b)(3)(A) of the Act requires that the Service 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. The finding is based on
information contained in the petition and information otherwise
available in our files at the time we make the finding. To the maximum
extent practicable, we are to make the finding within 90 days of our
receipt of the petition, and publish our notice of the finding promptly
in the Federal Register.
In making this finding, we relied on information provided by the
petitioners and otherwise available in our files at the time of the
petition review. We had access to a Geographic Information System
database of all known Siskiyou Mountains salamander and Scott Bar
salamander sites, based on data obtained from researchers, the State of
California, the United States Forest Service, and private land
managers. We evaluated the information provided by the petitioners in
accordance with 50 CFR 424.14(b). The process of making a 90-day
finding under section 4(b)(3)(A) of the Act and Sec. 424.14(b) of our
regulations is based on a determination of whether the information in
the petition meets the ``substantial scientific or commercial
information'' threshold. A substantial finding should be made when the
Service deems that adequate and reliable information has been presented
that would lead a reasonable person to believe that the petitioned
action may be warranted.
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 June 18, 2004, we received a petition dated June 16, 2004, from
the Center for Biological Diversity, Klamath-Siskiyou Wildlands Center,
and Noah Greenwald, to list the Siskiyou Mountains salamander
(Plethodon stormi) as a threatened or endangered species on behalf of
themselves and five other organizations. The petition clearly
identified itself as such and included the requisite identification
information for the petitioners, as required in 50 CFR 424.14(a). In
their petition, the petitioners assert that there are three separate
distinct population segments (DPSs) of the Siskiyou Mountains
salamander, one of which consists of the Scott Bar salamander.
Alternatively, the petitioners assert that the Scott Bar salamander is
a separate species and request that it be considered independently for
listing. Since the time of the petition, the Scott Bar salamander
(Plethodon asupak) has been recognized as a species separate from the
Siskiyou Mountains salamander (Mead et al.
[[Page 14752]]
2005) and we have reviewed it separately in making this finding. The
petitioners also requested the Service to consider whether the Siskiyou
Mountains salamander warrants listing throughout a significant portion
of its range, and requested designation of critical habitat for both
species concurrent with their listing. In a July 19, 2004, letter to
the petitioners, we responded that we reviewed the petition for both
species and determined that an emergency listing was not warranted, and
that because of inadequate funds for listing and critical habitat
designation, we would not be able to otherwise address the petition to
list the Siskiyou Mountains salamander and Scott Bar salamander at that
time.
On June 23, 2005, we received a 60-day notice of intent to sue, and
on August 23, 2005, the Center for Biological Diversity and four other
groups filed a Complaint for Declaratory and Injunctive Relief in
Federal District Court for the District of Oregon (Center for
Biological Diversity, et al. v. Norton et al., No. 3:05-CV-1311-BR),
challenging our failure to issue a 90-day finding on the petition to
list the Siskiyou Mountains salamander and Scott Bar salamander. On
December 28, 2005, we reached an agreement with the plaintiffs to
complete the 90-day finding by April 15, 2006, and if we determined
that the petition presented substantial information that listing may be
warranted, to complete the 12-month finding by January 15, 2007.
On April 17, 2006, the Service made its 90-day finding (71 FR
23886; April 25, 2006). That finding concluded that the petition did
not present substantial scientific or commercial information to warrant
the listing of Siskiyou Mountains and Scott Bar salamanders.
On July 6, 2006, the Center for Biological Diversity and others
filed suit in the United States District Court for the Northern
District of California (Center for Biological Diversity et al. vs. Dirk
Kempthorne et al., No. C-06-4186-WHA) challenging the merits of our
April 17, 2006, 90-day finding.
On January 19, 2007, the U.S. District Court determined the 90-day
finding was arbitrary and capricious, and the Court vacated and
remanded the finding, and ordered the Service to make a new 90-day
finding by March 23, 2007. This new finding complies with the Court's
order.
Species Information
For the purpose of this finding, the Service is evaluating the
Siskiyou Mountains salamander and Scott Bar salamander separately.
However, we recognize that all research on the ecology of these species
was conducted prior to recognition of the Scott Bar salamander as a
separate species. To date, information specific to the Scott Bar
salamander is limited to its distribution and range. Both species are
members of the Family Plethodontidae, the lungless salamanders, and as
such their survival is dependent upon similar ecological requirements.
The geographic ranges of the Siskiyou Mountains salamander and Scott
Bar salamander are contiguous, but not overlapping, occur over a
relatively small area (approximately 405,000 acres (ac) (164,000
hectares (ha))), and have similar environmental conditions.
Additionally, information in our files suggests that habitat
associations of these species are generally the same, although a
rigorous study comparing their habitat requirements has not been
conducted. The most significant difference between these species is
their range; the range of the Siskiyou Mountains salamander is
approximately five times larger than that of the Scott Bar salamander.
Therefore, for the purpose of this finding, the Service applied the
current literature describing the biological characteristics and
ecology of the Siskiyou Mountains salamander to both species.
Description and Taxonomy
Like others in the family Plethodontidae, the Siskiyou Mountains
salamander and Scott Bar salamander are completely terrestrial, medium-
sized, slender-bodied salamanders with short limbs and a dorsal stripe.
Both species are found in or near talus (loose surface rock) and
fissured rock outcrops where moisture and humidity are high enough to
allow respiration through their skin (Nussbaum et al. 1983). Both
species are endemic to the Klamath-Siskiyou Mountains of southern
Oregon and northern California.
The Siskiyou Mountains salamander was described in 1965 (Highton
and Brame 1965), and is characterized by a modal number of 17 costal
grooves (vertical creases along the side of the body) and 4 to 5.5
intercostal folds (folds of skin between the costal grooves) between
the toes of adpressed limbs (limbs firmly pressed against the sides of
the body) (Nussbaum et al. 1983; Leonard et al. 1993). Adults have a
light-to purplish-brown dorsum, and the body is sprinkled with a
moderate to dense array of white to yellow flecks that are concentrated
on the sides and limbs and away from the light-brown dorsal stripe.
Juveniles are black and have an olive-tan dorsal stripe that extends
onto the tail.
Recent genetic analyses recognize the Siskiyou Mountains salamander
as a distinct species from the Del Norte salamander (Plethodon
elongatus) and the Scott Bar salamander (Mead et al. 2002, 2005;
Mahoney 2004; Bury and Welsh 2005). Previously, observations of clinal
variation in color and morphometric traits from coastal populations of
Del Norte salamanders along the Klamath River to Siskiyou Mountains
salamander populations in the Seiad Valley led Bury (1973) to propose
possible intergradation between these two species, and Stebbins (1985,
2003) to demote the Siskiyou Mountains salamander to a subspecies of
Del Norte salamander.
A number of studies (Pfrender and Titus 2002; DeGross 2004; Mead et
al. 2005) have delineated three distinct genetic lineages within the
Siskiyou Mountains salamander: Group I (P. stormi populations within
the Applegate River drainage north of the Siskiyou crest), Group II (P.
stormi populations south of the Siskiyou crest), and Group III (P.
asupak populations). However, Group III is now considered a separate
species, Scott Bar salamander.
Mead et al. (2005) described Plethodon asupak, the Scott Bar
salamander, as a new species based on analysis of molecular
(mitochondrial DNA) and morphological data from Plethodon populations
near the confluence of the Klamath and Scott Rivers in Siskiyou County,
California (Mahoney 2004; Mead et al. 2002, 2005). Molecular analysis
shows the Scott Bar salamander to be the ancestral lineage from which
the Del Norte salamander and Siskiyou Mountains salamander were derived
(Mahoney 2004; Mead et al. 2002, 2005). For the purpose of this
finding, the Service is evaluating the Scott Bar salamander as a
species separate from the Siskiyou Mountains salamander. We recognize,
however, that genetic research on these salamanders is ongoing, and the
species' designations may be reconsidered in the future.
The Scott Bar salamander is more robust and has a wider head and
longer limbs than either of its two most closely related sister
species, the Del Norte salamander and Siskiyou Mountains salamander. It
has fewer intercostal folds (2.5 to 3.5) between adpressed (flatly
pressed back) limbs than either the Del Norte salamander (5 to 6) or
the Siskiyou Mountains salamander (4 to 5), and the modal number of
costal grooves (17) is one fewer than in the Del Norte salamander (18).
The Scott Bar salamander has a longer body relative to its tail length
and longer forelimbs and hindlimbs than the Siskiyou Mountains
[[Page 14753]]
salamander or Del Norte salamander. The coloration of the Scott Bar
salamander is similar to that of the Siskiyou Mountains salamander and
is described in Mead et al. (2005). Despite the morphological
differences described in Mead et al. (2005), the two species are very
difficult to distinguish in the field.
Habitat
Siskiyou Mountains salamanders and Scott Bar salamanders are found
on forested slopes where rocky soils and talus outcrops occur. Occupied
habitat for the Siskiyou Mountains salamander can range from small
isolated rock outcrops to entire hillsides (Clayton et al. 2004).
Occasionally these salamanders can be found under other types of cover
such as bark, limbs, or logs, but only during wet weather when moisture
is high and only if there are talus outcrops nearby (Nussbaum 1974;
Nussbaum et al. 1983). Nussbaum (1974) characterized optimal habitat
for the Siskiyou Mountains salamander as stabilized talus in old-growth
forest stands on north-facing slopes. However, more recently,
populations of both species have been found in rock outcrops in all
forest age classes and on all slope aspects (Clayton et al. 2004; U.S.
Department of Interior (USDI) 2005), as well as in managed stands (CDFG
2005). Siskiyou Mountains salamanders have been collected in the spring
during the daytime at soil temperatures ranging from 38 to 52.3 degrees
Fahrenheit (3.5 to 11.3 degrees Celsius) and at depths ranging from 0
to 18.0 inches (0 to 45.7 centimeters) (Nussbaum et al. 1983; Nussbaum
1974).
Range and Distribution
The Siskiyou Mountains salamander's range encompasses approximately
337,037 ac (136,500 ha) in three counties (Jackson, Josephine, and
Siskiyou Counties) of southwestern Oregon and in northern California
(Clayton and Nauman 2005a). More specifically, this species has been
detected in the Applegate River drainage of southern Oregon south to
the Klamath River watershed of northern California. In California,
recent genetic analyses indicate the species' range is bounded to the
west by the Indian Creek drainage and to the east by the Horse Creek
drainage (see DeGross 2004; Mahoney 2004; Mead et al. 2005; Mead 2006).
It is known from sites ranging from 1,600 feet (488 meters) (Nussbaum
et al. 1983) to approximately 1,800 meters (6,000 feet) in elevation
(Clayton et al. 1999). Approximately 90 percent of the Siskiyou
Mountains salamander's range occurs on Federal lands managed under the
Northwest Forest Plan (NWFP) (USDA, USDI 1994). Within the NWFP area,
36 percent of the salamander's range occurs in reserves (Late-
Successional Reserves, Administratively Withdrawn Areas, and
Congressionally Reserved Areas), where timber harvest and other ground-
disturbing activities are severely restricted; 10 percent occurs within
Matrix lands generally available for timber harvest; and 44 percent
occurs in Adaptive Management Areas (AMA), where habitat management
guidelines are flexible and some timber harvest is expected to occur.
The remaining 10 percent of the species' range occurs on private lands.
To date, approximately 200 Siskiyou Mountains salamander sites have
been located (Clayton and Nauman 2005a). This number represents an
unknown proportion of the total population, because surveys have not
been conducted over the species' entire range. These sites occur
primarily on Federal lands and are distributed across several NWFP land
use allocations (Clayton et al. 2004). The USDA, USDI Species Review
Panel (2002) reported that approximately 23 percent of known sites
occur on reserve lands (Late-Successional Reserves and Congressionally
Withdrawn Areas) (USDA, USDI 1994). The remaining sites occur on
Adaptive Management Areas, Matrix lands, and private lands.
The Scott Bar salamander is found only in Siskiyou County,
California, from just east of Seiad Valley to Scott Bar Mountain
(Clayton and Nauman 2005b). The species' range extends north and south
of the Klamath River and east and west of the Scott River and
encompasses approximately 68,438 ac (27,717 ha). Approximately 82
percent of the Scott Bar salamander's range occurs on Federal lands: 58
percent on reserves (Late-Successional Reserves) and 24 percent on
Matrix lands (USDA, USDI 1994). The remaining 18 percent of the
species' range occurs on private lands.
Clayton and Nauman (2005b) reported that fewer than 10 sites are
currently known for the Scott Bar salamander, although other sites are
suspected. Based on our internal review of recent genetic analyses
(Mahoney 2004; Mahoney 2005; Mead et al. 2005; Mead 2006), 17 Scott Bar
salamander sites have now been verified. Within the presumed range of
the Scott Bar salamander, numerous historical salamander detections
have been assigned to the Siskiyou Mountains salamander. Because
populations of the two species tend not to overlap (Mead 2006), it is
reasonable to conclude that all salamander detections within what is
now known to be the range of the Scott Bar salamander are Scott Bar
salamanders. Thus, information in our files suggests that, within the
range of the Scott Bar salamander, there are roughly 20 known
salamander sites that are likely occupied by Scott Bar salamanders and
are in addition to the 17 noted above (USDI 2006). To date, systematic
surveys have not been conducted throughout this species' range;
however, additional sites may be discovered in the future.
The 17 verified localities of the Scott Bar salamander are
distributed across several watersheds that encompass the majority of
the species' known range. Of these localities, 82 percent occur on
Federal lands: 35 percent on reserves (Late-Successional Reserves) and
47 percent on Matrix lands (USDA, USDI 1994). The remaining 18 percent
of the verified localities occur on private lands. Although the sample
of known sites was not collected systematically, this distribution
suggests that the species may be well distributed within its range.
Although the historic range of the Siskiyou Mountains salamander is
unknown, the Service assumes that it was bounded to the west and south
by the range of the Del Norte salamander (Plethodon elongatus), and to
the east and northeast by drier climatic conditions and the associated
vegetation communities. The range of the Scott Bar salamander consists
of a polygon surrounded by the range of the Siskiyou Mountains
salamander. The existing distribution of occupied sites for these
species closely matches this description, and neither the petition nor
information in our files provides information to suggest that a decline
in extent of range has occurred for either species. Similarly, neither
the petition nor information in our files provides information to
suggest that significant areas within the species' ranges no longer
support salamander populations. The petition states that significant
portions of the species' ranges have been logged, suggesting the loss
of salamander populations. However, as discussed in more detail below
under Threats Analysis, Factor A, information from our files suggests
that sites often remain occupied following logging (Farber et al. 2001;
Clayton et al. 2004; CDFG 2005) or are recolonized after a few years
(Welsh and Ollivier 1995). In addition, the Services' evaluation of the
distribution of known salamander locations indicates that the
salamanders are well-distributed throughout their ranges, including
many areas with
[[Page 14754]]
evidence of past logging, with large gaps corresponding to roadless
areas that have received little to no survey effort.
Evaluation of the range and potential population size for the
Siskiyou Mountains salamander and Scott Bar salamander is strongly
influenced by the species' low detectability and the amount and
distribution of potentially suitable habitat. Because of their
secretive habits, detection rates for these salamanders are very low,
even though the species may be quite abundant locally (Nussbaum 1974;
Clayton et al. 1999). Surveys within habitat known to be occupied are
frequently negative (Clayton et al. 2004; CDFG 2005). Populations at
individual sites likely range in size from a few individuals to
thousands of individuals (Nussbaum 1974; Welsh and Lind 1992). Based on
intensive field surveys, Nussbaum (1974) provided a species-wide
``conservative estimate'' of over 3 million Siskiyou Mountains
salamanders. While the author acknowledged that a number of
methodological problems may affect this estimate, it nonetheless
suggests that the perceived rarity of this species may be more related
to low detectability than to actual population size.
The USDA, USDI Species Review Panel (2001) evaluated results of
project surveys conducted in the northern portion of the Siskiyou
Mountains salamander's range, and estimated that 3 to 14 percent of the
extent surveyed provides potentially suitable habitat. In a similar
evaluation, Timber Products Company estimated that approximately 18
percent of their surveyed lands within the range of the Scott Bar
salamander was composed of suitable talus habitat (S. Farber pers.
comm. 2006). The information from both surveys suggests that suitable
habitat for these species is patchy, and comprises a minor portion of
these species' ranges.
Threats Analysis
Section 4 of the Act and its implementing regulations (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)
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
finding, we evaluated whether threats to the Siskiyou Mountains
salamander and Scott Bar salamander as presented in the petition pose a
concern with respect to the species' survival such that listing under
the Act may be warranted. Our evaluation of these threats, based on
information provided in the petition and available in our files, is
presented below.
A. Present or Threatened Destruction, Modification, or Curtailment of
the Species' Habitat or Range
The petition claims that logging and wildfire pose the primary
threats to Siskiyou Mountains salamander's and Scott Bar salamander's
habitat and populations by altering habitat structures that influence
the microclimatic conditions required by both species. The petition
states that logging and wildfire increase surface temperatures and
decrease relative humidity and soil moisture by removing forest cover.
It also states that logging has the additional effect of compacting and
realigning talus substrates. The petition states that it is likely a
substantial, yet unquantified, amount of habitat has already been lost
due to logging activities.
According to the petition, the effects of logging and wildfire on
Siskiyou Mountains and Scott Bar salamanders are based on a sequence of
relationships: the unique physiology and behavior of these species,
their dependence on moist surface conditions in order to forage and
reproduce, reduction of the occurrence of favorable surface conditions
following loss of forest cover, and loss of viability of salamander
populations inhabiting the resulting unfavorable conditions. Based on
these assertions, the petition concludes that the rate and extent of
timber harvest and fires will likely cause the two species to be
threatened or endangered due to habitat loss in the foreseeable future.
The petition describes the physiological and behavioral traits of
Siskiyou Mountains salamanders and Scott Bar salamanders that link them
to habitats that provide moist conditions. Both species are lungless
salamanders that require moisture in order to respire through their
skin and to avoid dessication (Nussbaum et al. 1983). These traits act
to limit the time during which the species can be active at the surface
where foraging takes place (Nussbaum et al. 1983; Feder 1983). In the
warm, dry environment characteristic of the eastern Klamath--Siskiyou
Mountains, surface conditions favorable for activity by these
salamanders is limited to relatively brief rainy periods in the spring
and fall when soil moisture and relative humidity are high and
temperatures moderate (Nussbaum et al. 1983; Clayton et al. 1999). This
limitation is reflected in survey protocols for Siskiyou Mountains
salamander, which require that surveys be restricted to periods of
relative humidity above 65 percent, air temperature between 39.2 and 68
Fahrenheit (4 to 20 degrees Celsius), soil temperature between 38.3 and
64.4 degrees Fahrenheit (3.5 to 18 degrees Celsius), and moist soil
conditions; outside of these parameters detection rates are low
(Clayton et al. 1999). During the remainder of the year, these
salamanders retreat underground into fissured rock substrates (Nussbaum
et al. 1983).
Based on the relationships described above, the petition claims
that habitat conditions that further limit above ground activity will
result in reduced abundance and viability of Siskiyou Mountains
salamander and Scott Bar salamander populations. The petition cites
Ollivier et al. (2001), who state that shortened periods of surface
conditions appropriate for feeding and breeding activities can limit
both survivorship and recruitment of these salamanders due to reduced
ability to achieve body mass and fat needed for reproduction. Based on
physiological and ecological studies of plethodontid salamanders (Feder
1983), and the association of Siskiyou Mountains and Scott Bar
salamanders (and the closely related Del Norte salamander in the
Klamath province) with mature forested habitats (Nussbaum et al. 1983;
Welsh and Lind 1988, 1991, 1995; Ollivier et al. 2001), it is
reasonable to conclude that individuals living in drier, more open
conditions may experience reduced fitness.
The petition cites Chen et al. (1993) to support the claim that
removing or reducing canopy during logging or other activities can
alter stand microclimates, which in turn would result in conditions
unsuitable for surface activity by salamanders. Information in our
files suggests that microclimatic variables such as soil moisture, fuel
moisture, relative humidity, and air temperature are sensitive to
changes in canopy, with open-canopied and unforested sites exhibiting
drier conditions, reduced humidity, and warmer air and soil
temperatures (Chen et al. 1995; Chen et al. 1999).
The petition states that rigorous pre- and post-logging studies
have not been conducted on Siskiyou Mountains salamanders or Scott Bar
salamanders. Information in our files also indicates
[[Page 14755]]
that this type of study has not been conducted on the similar Del Norte
salamander in the drier portions of its range. However, the petition
cites several studies from across North America (Dupuis et al. 1995;
Ash 1997; deMaynadier and Hunter 1998; Herbeck and Larsen 1999) and
specific to the Pacific Northwest (Bury and Corn 1988; Raphael 1988;
Welsh 1990; Corn and Bury 1991; Welsh and Lind 1988, 1991,1995) that
describe impacts of logging to other plethodontid salamanders. It is
important to note that studies conducted in eastern and mid-western
North America and much of the Pacific Northwest (Bury and Corn 1988;
Raphael 1988; Welsh 1990; Corn and Bury 1991; Welsh and Lind 1988,
1991,1995; and Grialou et al. 2000) were conducted in mesic (relatively
wet) forest types where environmental constraints (moisture,
temperature) on salamander dispersal and survival are presumably less
than in the dry eastern Klamath Mountains. In addition, most
plethodontid salamander species studied in other areas of North America
occupy soil, surface litter, and woody debris in mesic environments,
whereas Siskiyou Mountains salamanders and Scott Bar salamanders occupy
talus substrates that provide refuge from temperature extremes and dry
conditions in xeric (relatively dry) environments. Therefore,
inferences drawn from studies of other plethodontid species in mesic
environments may be limited in their applicability to Siskiyou
Mountains salamander or Scott Bar salamander populations in the dry
eastern Klamath Mountains.
Studies from the midwestern and eastern United States (Ash 1997;
deMaynadier and Hunter 1998; Herbeck and Larsen 1999) and western
Canada (Dupuis et al. 1995) indicate that clear-cutting can have
significant short-term impacts to plethodontid salamander abundance,
and that second-growth stands that regenerate following clear-cutting
typically do not support the same level of abundance as do older
forests. Dupuis et al. (1995), Ash (1997), and Herbeck and Larsen
(1999) reported that plethodontid salamanders were frequently absent
from 2-to-5-year-old clear-cut forests.
All of the studies that examined relative abundance of plethodontid
salamanders in different forest age classes (Dupuis et al. 1995;
deMaynadier and Hunter 1998; Herbeck and Larsen 1999) found that
second-growth stands supported salamanders, albeit at significantly
lesser abundance than older forests. However, the impact of clear-
cutting on salamanders may be temporary, as one study (Ash 1997) showed
that salamanders returned to clear-cut sample plots 4 to 6 years after
cutting, and their numbers increased rapidly. Linear regressions
estimated that salamander numbers on clear-cut plots would equal or
exceed numbers on forested plots by 20 to 24 years after cutting (Ash
1997).
Studies of more closely related plethodontid salamanders in the
Pacific Northwest (Raphael 1988; Welsh 1990; Corn and Bury 1991; Welsh
and Lind 1988, 1991,1995) found the abundance of plethodontid
salamanders to be greater in older versus younger forests, and most of
these studies found that difference to be significant. However,
salamanders were still present in harvested areas. Raphael (1988)
reported that while Del Norte salamanders were 2 to 3 times more
abundant in adjacent old-growth forest, clear-cut areas still contained
the species. Additional information in our files (Grialou et al. 2000)
also suggests that western red-backed salamanders (Plethodon vehiculum)
occupy recent clear-cut areas (2 to 4 years), although at a
significantly lesser abundance than in adjacent older forests. H. Welsh
and D. Ashton (2004) obtained similar results for Del Norte salamanders
on the Six Rivers National Forest, where salamander abundance showed a
marked decline following clear-cutting, but remained relatively stable
in a lightly harvested stand. However, studies are not consistent with
respect to abundance on recently clear-cut sites. Bury and Corn (1988)
reported plethodontid salamanders to be absent in their two clear-cut
sites, but their results were equivocal because detection rates of
plethodontid salamanders were very low in all of the habitats studied.
In contrast to the above studies, Corn and Bury (1991) found abundance
of western red-backed salamanders was not significantly different
between clear-cut areas less than 10 years old and old-growth forest.
Few peer-reviewed studies exist in our files comparing the
demographics of plethodontid salamander populations in clear-cut areas
and adjacent forest. Grialou et al. (2000) studied the abundance and
demographics of salamanders, including two plethodontid species, in
mesic forests in southwestern Washington. In the year following clear-
cut harvesting, body sizes of western subadult and juvenile red-backed
salamanders were smaller, but attained normal size distribution by the
second-year post harvest. Gravid females were captured on clear-cut
plots before and after harvest. Knapp et al. (2003) used a randomized,
replicated design to quantify plethodontid salamander populations on
harvested timberlands of the Appalachian Mountains in Virginia and West
Virginia. While salamander abundance was less on clear-cut areas versus
control areas, there were no differences between cut and uncut
treatments in the proportion of gravid females or in the average number
of eggs in gravid females. Moreover, there were no differences between
cut and uncut treatments in the proportion of the sample that was
juvenile, except in one plethodontid species, which had a higher
proportion of juveniles in uncut treatments.
Because most of the aforementioned studies have been conducted on
other plethodontid species in mesic environments, the Service believes
that our evaluation should focus primarily on information collected
from Siskiyou Mountains salamander and Scott Bar salamander
populations. The petition claims that a study of habitat associations
of Siskiyou Mountains salamander by Ollivier et al. (2001) demonstrates
that the species is threatened by logging. Ollivier et al. (2001)
conducted presence/absence surveys for salamanders at 239 random
locations within the range of Siskiyou Mountains salamander (some
samples were within the range of the Scott Bar salamander), and
concluded that the species was strongly associated with characteristics
of mature forests such as closed canopies, large tree diameters, and a
mossy ground cover layer. Based on this conclusion, the petition infers
that removal of forest cover would result in habitat conditions
unsuitable for the salamanders. While the study design employed by
Ollivier et al. (2001) did not compare salamander abundance pre- and
post-harvest, their sample contained 42 precanopy plots (0-to-30-year-
old clearcuts). Subsequent to the study by Ollivier et al. (2001),
State and private biologists conducted numerous surveys and detected
Siskiyou Mountains salamanders and Scott Bar salamanders in previously
logged sites (Farber et al. 2001; CDFG 2005). These surveys followed no
sampling design and cannot be used to infer a lack of impacts caused by
logging; however, they do suggest that salamander populations persist
at sites that have been logged.
After reviewing data collected by Ollivier et al. (2001) and
sampling results obtained by the California Department of Fish and Game
(CDFG), H. Welsh and D. Ashton (2004) concluded that the viability of
Siskiyou Mountains salamander populations is compromised following
clear-cutting.
[[Page 14756]]
They based this conclusion on the high proportion (64 percent) of
juvenile and subadult animals in the sample obtained by CDFG in non-
forested habitats, and speculated that this was an indication of a
`sink' population of dispersing individuals and low levels of
reproduction. Without further research, the effects of forest canopy
removal on the abundance and demographics of Siskiyou Mountains
salamander and Scott Bar salamander populations following logging will
remain poorly understood. Two studies examining this question are
currently in progress: one involving the Service, the Redwood Sciences
Laboratory, and Humboldt State University, and one being conducted by
Timber Products Company.
The petition also states that gaps created in the species' range by
logging could compromise the species' viability. The petition claims
that the biology of the species, narrow habitat niche, naturally
fragmented habitat, and patchy distribution limit the species' ability
to recover from disturbances. The petition cites Blaustein et al.
(1995) to support the claim that when local populations of Siskiyou
Mountains salamander are extirpated, there is little chance that the
habitat will be recolonized. However, evidence in the petition and in
Service files suggests that dispersing juveniles readily colonize
logged sites (Welsh 2005) and road cutbanks (Nussbaum 1974), suggesting
that dispersal may not be as limited as previously thought. The biology
of the Siskiyou Mountains salamander and the Scott Bar salamander may
limit their ability to recolonize vacant sites; however, neither the
petition nor information in our files demonstrates that logging creates
gaps in plethodontid salamander distribution by extirpating species
from a site.
The petition also states that other actions, including tractor
logging, road construction, mining, and recreational development, have
resulted in, and will continue to result in, degradation, loss, or
fragmentation of Siskiyou Mountains salamander habitat. The petition
cites Welsh and Ollivier (1995) as suggesting that tractor yarding may
impact Siskiyou Mountains salamander habitat by compacting, breaking,
or realigning talus. Although it is reasonable to conclude that tractor
yarding may disturb talus substrates, field studies have not
demonstrated how this impacts salamander populations. The petition also
cites deMaynadier and Hunter (2000) as indicating that plethodontid
salamanders are sensitive to population fragmentation by logging roads.
Results of that study suggest that logging roads may significantly
inhibit movement and local abundance of plethodontid salamanders.
Additional information in our files (Marsh et al. 2005) suggests that
forest roads act as partial barriers to salamander movement. Road
densities within much of the ranges of the Siskiyou Mountains
salamander and Scott Bar salamander are documented to be high (USDA
1999) and may act to reduce dispersal and increase the degree of
isolation among salamander populations. This in turn may lead to
reduced gene flow and reduced long-term persistence of small, isolated
populations (Marsh et al. 2005). Conversely, Nussbaum (1974) found that
road cuts provided essential habitat in the form of newly exposed
fissured rock and were colonized by Siskiyou Mountains salamanders soon
after road construction. The available information regarding the
effects of roads on populations of Siskiyou Mountains salamanders and
Scott Bar salamanders is equivocal.
Although the amount of habitat impacted by logging could not be
quantified, the petition contends that substantial habitat loss has
likely occurred. To support this claim, the petition cites the USDA,
USDI Species Review Panel (2001), which stated that ``cumulative
effects from past timber harvest have impacted populations on Federal
lands'' and ``from 1980 to 1990, 10 percent of habitat on the Applegate
Ranger District was clearcut.'' However, the rate and extent of timber
harvest has declined dramatically on Federal lands within the Northwest
Forest Plan area during the past 30 years (USDA, USDI 2005),
particularly on the Klamath National Forest, which comprises roughly 50
percent of the Siskiyou Mountain salamander's range and 80 percent of
the Scott Bar salamander's range (USDA 2006). During the 6-year period
from 2000 to 2005, the Klamath National Forest sold and removed an
average of 15.9 million board feet of timber annually, compared with
187.8 million board feet/per year during 1985 to 1990 (inclusive), and
238.2 million board feet/per year from 1979 to 1984 (USDA 2006). The
declining trend in timber harvest reduces the likelihood that a high
proportion of the salamanders' populations will be impacted by logging.
While the Service agrees that timber harvesting has the potential
to reduce habitat quality for the Siskiyou Mountains salamander and
Scott Bar salamander, Forest Service reports (USDA, USDI 2005; USDA
2006) demonstrate a dramatic decline in the amount of timber harvest on
Federal lands within the ranges of the salamanders. These data suggest
that the rate and magnitude of harvest on the majority of the species'
ranges is likely not sufficient to cause them to be threatened or
endangered in the foreseeable future.
The petition further claims that fire suppression has led to an
increase in fuel loading, resulting in a change from low- to high-
intensity fire regimes in many forest stands within the ranges of the
Siskiyou Mountains salamander and Scott Bar salamander, and that the
risk of stand-replacing fire has increased due to forest management
practices that remove the largest, most fire resistant trees and create
young, highly combustible plantations. The petition claims that
although the response of these salamanders to fire has not been well
studied, fire has the potential to impact populations by removing or
reducing forest canopy cover. Published studies (Agee 1993; Taylor and
Skinner 1998) and Forest Service reports (USDA 1999) clearly document
that increased fuel loading and forest stand density have increased the
potential for high-intensity wildfire events within the range of the
Siskiyou Mountains salamander and Scott Bar salamander. These high-
intensity fires were much less frequent in the historical fire regime
with which these salamanders evolved. High-intensity wildfire events,
by definition, remove or significantly reduce forest cover; consume
moss, duff, and forest litter; and may sterilize surface soil layers.
The impacts of such events on salamander habitat and populations are
likely more severe than those of clear-cutting, but have not been
directly evaluated. Recent large fires within the Klamath Province,
combined with fire behavior modeling conducted by the Forest Service,
suggest a high probability of moderate-to high-intensity wildfires
within the range of the Siskiyou Mountains salamander and Scott Bar
salamander. However, fire modeling also suggests that the level of tree
mortality would be highly variable within the range of these species
(USDA 1999), resulting in a mosaic pattern of habitat effects. The
extent to which high-intensity fire effects would occur within habitats
occupied by these salamanders is currently unknown.
To summarize Factor A, logging, wildfire, and other habitat
disturbances may impact local abundance and viability of Siskiyou
Mountains salamanders and Scott Bar salamanders by altering the
microclimate within stands that support these species, by fragmenting
habitat, or by otherwise reducing habitat quality. Although extensive
logging has occurred in
[[Page 14757]]
Siskiyou Mountains salamander and Scott Bar salamander habitat for over
100 years, the extent of habitat change has not been quantified, and
salamander populations remain well-distributed. Increased potential for
stand-replacing wildfire also places more of the species' habitat at
risk. Information in our files (e.g., Farber et al. 2001; CDFG 2005)
indicates that both Siskiyou Mountains salamanders and Scott Bar
salamanders occur to some extent in clear-cuts, second-growth stands,
burned areas, and naturally open habitats, and the demography of
populations subjected to timber harvest or fire is poorly known. This
evidence suggests that while timber harvest and wildfire may, at least
temporally, reduce habitat quality for, and abundance of, Siskiyou
Mountains salamanders and Scott Bar salamanders, they do not result in
the extirpation of populations. The rate and extent of timber harvest
has declined dramatically on Federal lands within the Northwest Forest
Plan area, particularly the salamanders' ranges on the Klamath National
Forest, during the past 30 years (USDA, USDI 2005; USDA 2006). Based on
current Forest Service policies, we anticipate that the rate of timber
harvest will remain at roughly the present levels. Although it is
reasonable to assume that high-intensity wildfire may have a negative
impact on salamander habitat and populations, we are not aware of any
scientific studies that evaluate this potential risk, and there is
evidence that salamander populations persist following reduction of
forest canopy.
In general, the Service finds that reliable scientific information
presented in the petition and available in our files regarding the
dependence of the Siskiyou Mountains and Scott Bar salamanders on old
growth forest habitat and habitat-based threats to the species posed by
logging and high-intensity fires is equivocal and conflicting. However,
based on the standard applicable to 90-day findings under the Act, we
find that the petition does present substantial information regarding
Factor A, indicating that listing of these two species across all or a
significant portion of their ranges may be warranted due to the present
or threatened destruction, modification, or curtailment of the species'
habitat or range.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The petition does not provide any information pertaining to Factor
B. Therefore, we find that the petition does not present substantial
information indicating that listing of these two species across all or
a significant portion of their ranges may be warranted due to
overutilization for commercial, recreational, scientific, or
educational purposes.
C. Disease or Predation
The petition does not present any information pertaining to Factor
C. Therefore, we find that the petition does not present substantial
information indicating that listing of these two species across all or
a significant portion of their ranges may be warranted due to disease
or predation.
D. Inadequacy of Existing Regulatory Mechanisms
The petition asserts that existing regulatory mechanisms are
inadequate to protect Siskiyou Mountains and Scott Bar salamanders
because Federal regulatory mechanisms that formerly protected the
salamanders have been eliminated and State regulatory mechanisms that
protect the species are likely to be eliminated. The petition does not
contend that, if left in place, the Federal and State mechanisms would
be inadequate to protect the species.
Federal Lands
The petition cites the USDA, USDI Species Review Panel (2001) to
demonstrate that approximately 80 percent of the range of the Siskiyou
Mountains salamander occurs on Federal lands managed by the Rogue-
Siskiyou and Klamath National Forests and the Medford District of the
Bureau of Land Management. Thirty-nine percent of the species' range
occurs within protected land designations under the Northwest Forest
Plan (NWFP) (USDA, USDI Species Review Panel 2001). Additionally, the
petition cites Clayton et al. (2002 as cited in USDA, USDI 2004) to
demonstrate that less than 10 percent of suspected high-quality habitat
occurs in reserves. The petition thus concludes that the majority of
the species' ranges and high-quality habitat occurs on Federal lands
available for timber harvest and other activities. The petition cites
the USDA, USDI Species Review Panel (2001) to suggest that specific
protections on non-reserve land allocations will likely be required to
ensure persistence of the species.
The petition claims that the Siskiyou Mountains salamander formerly
received substantial protection on Federal lands from the Survey and
Manage Program (USDA, USDI 1994). The petition claims that this program
was abolished with the Record of Decision (ROD) entitled, ``To Remove
or Modify the Survey and Manage Mitigation Measures Standards and
Guidelines in Forest Service and Bureau of Land Management Planning
Documents Within the Range of the Northern Spotted Owl'' in March 2004
(March 2004 ROD). The Final Supplemental Environmental Impact Statement
for the March 2004 ROD addressed potential mitigation, including
sensitive species programs, for species affected by the removal of the
Survey and Manage Program. However, the petition claims that the
sensitive species programs provide substantially less protection by
failing to require surveys and making mitigation optional. The petition
cites a USDA, USDI (2004) statement that the elimination of the Survey
and Manage Program may result in gaps in the Siskiyou Mountains
salamander's range.
According to the petition, in the absence of the Survey and Manage
Program, management of the Siskiyou Mountains salamander would be
governed by the standards and guidelines of the NWFP. According to the
petition, 78 percent of the known occupied sites north of the Siskiyou
Crest occur in the Applegate Adaptive Management Area (AMA). Under the
NWFP, AMAs were created to ``encourage the development and testing of
technical and social approaches to achieving desired ecological,
economic, and other social objectives,'' with each AMA having a
management plan (USDA, USDI 1994). Because an agency plan for the
Applegate AMA has not been produced, and standards and guidelines for
activities in AMAs are more flexible than in other land-use
allocations, the petition claims that existing guidelines for the
Siskiyou Mountains salamander in the Applegate AMA would result in
limited protection for the species. However, the petitioners provided
no documentation to suggest that Federal actions in the AMA are having
an effect on the salamanders.
The status of the Survey and Manage Program is in flux. In January
2006, the United States District Court, Western District of Washington
in Northwest Ecosystem Alliance, et al., v. Mark E. Rey, et al., Case
2:04-CV-00844-MJP, ordered the March 2004 ROD set aside for failure to
comply with the National Environmental Policy Act (42 U.S.C. 4321 et
seq.). With this, the court reinstated the 2001 Survey and Manage ROD
as it stood in March 2004. The Survey and Manage Program is therefore
the current regulatory mechanism in place for the United States Forest
Service and Bureau of Land Management lands that the Siskiyou
[[Page 14758]]
Mountains salamander occupies. Under these provisions, all currently
known and future sites south of the Siskiyou Crest will be managed to
maintain species persistence, and surveys will be conducted prior to
habitat-disturbing activities. North of the Siskiyou Crest, high-
priority sites will be identified and managed to provide a reasonable
assurance of species persistence.
The Scott Bar salamander is not specifically addressed by name in
the Survey and Manage ROD protections. However, the Klamath National
Forest has formally stated that Survey and Manage protections for
Siskiyou Mountains salamander also extend to the Scott Bar salamander,
as they cannot be easily distinguished in the field (M. Boland 2006).
Thus, protections for the Scott Bar salamander on Federal lands are in
place.
The Forest Service and Bureau of Land Management have stated that
they intend to issue on June 8, 2007, a final supplement to the 2004
Final Supplemental Environmental Impact Statement that addresses the
deficiencies of the March 2004 ROD that were identified by the court.
Implementation of the final supplement is anticipated during August
2007. The Service cannot predict what protections will be provided to
the Siskiyou Mountains salamander in future decisions. If existing
Federal regulations are modified in the future, the adequacy of these
regulations to protect the Siskiyou Mountains salamander and Scott Bar
salamander in light of any threats to the species threats should be
evaluated at that time.
State Regulations
The State of Oregon provides no regulatory protections for the
Siskiyou Mountains salamander on private lands (approximately 10
percent of the species' range). In California, the Siskiyou Mountains
salamander is listed as a threatened species and receives substantial
protection under the California Endangered Species Act (CESA). These
protections include pre-project surveys and prohibitions on timber
harvest in established buffers around suitable habitat. In 2005, CDFG
submitted a petition to the California Fish and Game Commission to
delist the Siskiyou Mountains salamander. Because of CDFG's delisting
proposal, the petitioners claim that the protections provided by CESA
should not be considered to provide firm regulatory protection for the
species. The final determination on whether to delist the Siskiyou
Mountains salamander was scheduled to be made at the Fish and Game
Commission's January 31, 2007, meeting; however, that determination has
been postponed until Fall of 2007. If existing State regulations are
modified in the future, the adequacy of the future regulations to
protect the Siskiyou Mountains salamander in light of any threats to
the species should be evaluated at that time. Unless and until the
Siskiyou Mountains salamander is delisted as a threatened species, it
remains protected under the CESA.
In July 2005, the Scott Bar salamander appeared on the CDFG's
Special Animals List (CDFG 2006). The CDFG describes the Scott Bar
salamander as a ``newly discovered species from what was part of the
range of Plethodon stormi.'' Based on this change of taxonomic status,
the CDFG removed the Siskiyou Mountains salamander populations now
recognized as Scott Bar salamanders from listed status under CESA. That
action was successfully challenged by three environmental organizations
in State court (Environmental Protection Information Center et al. vs.
California Department of Fish and Game, Case No. CPF-06-506585). The
court found that the removal of Scott Bar salamander from the State's
endangered species list was not in accordance with law, and ordered
that the new species be protected under CESA until formal delisting
procedures are completed. On May 1, 2006, the California Fish and Game
Commission received a petition to list the Scott Bar salamander under
CESA.
No specific regulatory mechanisms to protect the Siskiyou Mountains
salamander exist on the approximately 10 percent of the species' range
that occurs in Oregon. However, research suggests that populations of
these salamanders persist following timber harvest (Farber et al. 2001;
Clayton et al. 2004; CDFG 2005). Therefore, the Service believes that
the lack of regulatory protections on a limited proportion of the
species' ranges does not likely pose a threat to the species as a whole
in the foreseeable future.
To summarize Factor D, existing Federal regulations currently
provide substantial protection on Federal lands for the Siskiyou
Mountains salamander and Scott Bar salamander through the Survey and
Manage Program.
Current California regulations provide substantial protection for
the Siskiyou Mountains salamander and Scott Bar salamander on private
lands. Oregon provides no regulatory protections for Siskiyou Mountains
salamanders on private lands. However, private lands in Oregon comprise
only 10 percent of the Siskiyou Mountains salamander's range. The Scott
Bar salamander's range does not extend into Oregon. Thus, substantial
regulatory protections are provided to both species across a large
majority of the Siskiyou Mountains salamander's range and all of the
Scott Bar salamander's range. Although the Forest Service and Bureau of
Land Management have developed a supplement to their March 2004
Supplemental Environmental Impact Statement (SEIS) that again proposes
to eliminate Survey and Manage guidelines for the Siskiyou Mountains
salamander, no decision has been made by the agencies. Similarly, the
State of California is currently evaluating a petition to delist the
Siskiyou Mountains salamander, but no decision regarding this action
has been reached. Continuing litigation over the Federal and State
proposals and re-evaluation of the proposals by Federal and State
agencies indicates that a future relaxation of regulatory mechanisms to
protect the Siskiyou Mountains and Scott Bar salamanders is at best
uncertain. Under section 4(a)(1)(D) of the Act, the Service must
evaluate the adequacy of existing regulatory mechanisms rather than
speculate about future changes to those mechanisms. If these
regulations are modified or eliminated in the future, the Service will
consider that information when evaluating the adequacy of then existing
regulatory mechanisms to protect the Siskiyou Mountains salamander and
the Scott Bar salamander, in light of any threats faced by the species.
In particular, we will monitor any changes to Federal and State
regulatory mechanisms during our status review of the species.
Because Federal and State of California regulations are currently
in effect and offer protection for the Siskiyou Mountains salamander
and Scott Bar salamander over all or the vast majority of the species'
ranges, we find that the petition does not present substantial
information that listing of these two species across all or a
significant portion of their ranges may be warranted due to the
inadequacy of existing regulatory mechanisms.
E. Other Natural or Manmade Factors Affecting the Species' Continued
Existence
The petition states that ``an increasing consensus has developed
that we are and will continue to experience global warming.'' The
petition cites Feder (1983) and Ollivier et al. (2001) to propose that
the salamanders' unique physiology and their need for moist conditions
for foraging and breeding activity make the Siskiyou Mountains
[[Page 14759]]
salamander and Scott Bar salamander particularly sensitive to
variations in climate. Thus, the petition suggests that the expected
change in climate over time is likely to influence the species'
distribution and ability to find suitable habitat. The petition also
claims that warmer temperatures may shorten the window in which the
species is able to forage and reproduce. According to the petition,
warmer temperatures may also negatively affect habitat by increasing
the severity and intensity of forest fires, resulting in loss of forest
canopy. However, the petition did not present an analysis of the
likelihood or magnitude of microhabitat changes that may be brought
about by regional climate change.
The petition also cites USDA, USDI (2004) to demonstrate that, due
to limited habitat and the known existence of only three localities,
the Scott Bar salamander is at risk of extinction due to genetic or
demographic stochasticity, regardless of management direction. However,
information in our files suggests that the number of known localities
and existing habitat within the range of the Scott Bar salamander is
considerably larger than that considered in USDA, USDI (2004), and
there is no evidence to suggest the historical range of the Scott Bar
salamander has significantly contracted despite 100 years of extensive
logging, which has substantially decreased in recent years. The
apparent resiliency of this species and the existence of 37 currently
known sites decreases the potential threat posed by stochastic events,
although the species' range is naturally small and restricted. The
Siskiyou Mountains salamander also continues to be distributed across
its historic range despite widespread logging during the 20th century.
Stochastic events pose even less of a potential threat to the Siskiyou
Mountains salamander due to its apparent resiliency and the greater
number of known localities and relatively larger range.
To summarize Factor E, because foraging and breeding activities are
dependent upon cool, moist conditions, these salamanders may be
susceptible to alterations in microclimate resulting from projected
climate change. However, the petition does not present reliable
evidence of, or analyze the type, magnitude, or temporal effects of,
microhabitat changes within the ranges of the Siskiyou Mountains and
Scott Bar salamanders that could potentially be brought about by future
regional climate change. Finally, the petitioners assert that the
Siskiyou Mountains and Scott Bar salamanders are at risk because their
restricted ranges make the species vulnerable to extinction as a result
of stochastic events. Although the ranges of the species are naturally
restricted, they have continued to persist despite decades of logging,
and the number of currently known populations is considerably greater
than stated in the petition. Additionally, a considerable amount of
suitable habitat capable of supporting Siskiyou Mountains salamanders
and Scott Bar salamanders has yet to be surveyed. Thus, the Service
believes that both the Siskiyou Mountains and Scott Bar salamanders are
more resilient to stochastic events than the petition claims. We find
that the petition does not present substantial information that listing
of the two species across all or a significant portion of their ranges
may be warranted due to natural or manmade factors affecting their
continued existence.
Distinct Population Segments and Significant Portion of Range
The petition asserts that the Siskiyou Mountains salamander occurs
in three separate distinct population segments (DPSs) and also requests
the Service to consider listing the Siskiyou Mountains salamander
throughout a significant portion of its range.
Because we conclude that the petition provides substantial
information that listing the Siskiyou Mountains and Scott Bar
salamanders rangewide may be warranted (thus triggering the requirement
under the Act that we conduct a status review), we have not analyzed in
detail whether the petition also provides substantial information with
respect to a particular significant portion of the range of the
Siskiyou Mountains salamander. For the same reason, we have not
analyzed in detail whether the petition provides substantial
information with regard to potential distinct population segments of
the Siskiyou Mountains salamander other than the petitioner's proposed
Scott Bar salamander DPS, which we have treated as a separate species
for purposes of this finding. However, we welcome information on the
issue of whether either salamander is, in fact, in danger of extinction
throughout all or a significant portion of its range, or likely to
become so in the foreseeable future, and information on the issue of
whether a particular DPS of the Siskiyou Mountains salamander warrants
listing. We will consider these issues further during the status
review, particularly if we conclude that the species are not in danger
of extinction rangewide, nor likely to become so in the foreseeable
future.
Finding
The Service finds that the information provided in the petition and
readily available in our files regarding habitat associations of
Siskiyou Mountains and Scott Bar salamanders and the potential for
population losses due to logging and fire is equivocal and conflicting.
Therefore, based on the standard applicable to 90-day findings under
the Act, we must find that the petition does present substantial
information that listing of the two species across all or a portion of
their ranges may be warranted based on the threatened destruction,
modification, or curtailment of their habitat and ranges. This finding
initiates a status review of these species so that we can gather more
scientific data on these and other relevant issues concerning these
species.
The petition also requested that critical habitat be designated for
the Siskiyou Mountains salamander and Scott Bar salamander. If we
determine in our 12-month finding that listing these species is
warranted, we will address the designation of critical habitat in the
proposed listing rule or as funding allows.
References Cited
A complete list of all references cited herein is available, upon
request, from the Yreka Fish and Wildlife Office (see ADDRESSES).
Author
The primary authors of this notice are staff of the Yreka Fish and
Wildlife Office (see ADDRESSES).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: March 22, 2007.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E7-5774 Filed 3-28-07; 8:45 am]
BILLING CODE 4310-55-P