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TABLE 1 TO PARAGRAPH (b)— new information relevant to the status of its range (16 U.S.C. 1532(20)). Under Continued any of the three species or their habitats. section 4(a)(1) of the Act, a species may [U.S. States] DATES: The findings in this document be determined to be an endangered were made on May 5, 2021. species or a threatened species because Channel No. ADDRESSES: Detailed descriptions of the of any of the following five factors: bases and supporting information for (A) The present or threatened ***** these findings is available on the destruction, modification, or internet at http://www.regulations.gov at curtailment of its habitat or range; COLORADO Docket No. FWS–R8–ES–2021–0009 or (B) Overutilization for commercial, by contacting the person specified recreational, scientific, or educational ***** under FOR FURTHER INFORMATION purposes; Yampa ...... 277C3 CONTACT. Please submit any new (C) Disease or predation; information, materials, comments, or (D) The inadequacy of existing ***** questions concerning this finding to the regulatory mechanisms; or appropriate person specified under FOR (E) Other natural or manmade factors NEW MEXICO FURTHER INFORMATION CONTACT. affecting its continued existence. FOR FURTHER INFORMATION CONTACT: These factors represent broad ***** Jenny Ericson, Field Supervisor, U.S. categories of natural or human-caused Carrizozo ...... 261C2 Fish and Wildlife Service, Yreka Fish actions or conditions that could have an and Wildlife Office, 1829 S Oregon St., effect on a species’ continued existence. ***** Yreka, CA 96097; telephone 530–841– In evaluating these actions and conditions, we look for those that may NORTH DAKOTA 3115. If you use a telecommunications device for the deaf (TDD), please call the have a negative effect on individuals of Beulah ...... 250A Federal Relay Service at 800–877–8339. the species, as well as other actions or SUPPLEMENTARY INFORMATION: conditions that may ameliorate any ***** negative effects or may have positive Background effects. TEXAS Under section 4(b)(3)(B) of the Act (16 We use the term ‘‘threat’’ to refer in U.S.C. 1531 et seq.), we are required to general to actions or conditions that are ***** make a finding whether or not a known to or are reasonably likely to Girard ...... 248C3 petitioned action is warranted within 12 negatively affect individuals of a months after receiving any petition for species. The term ‘‘threat’’ includes ***** which we have determined contains actions or conditions that have a direct Kermit ...... 289C3 substantial scientific or commercial impact on individuals (direct impacts), information indicating that the as well as those that affect individuals ***** petitioned action may be warranted through alteration of their habitat or required resources (stressors). The term [FR Doc. 2021–09399 Filed 5–4–21; 8:45 am] (‘‘12-month finding’’). We must make a ‘‘threat’’ may encompass—either BILLING CODE 6712–01–P finding that the petitioned action is: (1) Not warranted; (2) warranted; or (3) together or separately—the source of the warranted but precluded. We must action or condition or the action or publish a notice of these 12-month condition itself. However, the mere DEPARTMENT OF THE INTERIOR findings in the Federal Register. identification of any threat(s) does not Fish and Wildlife Service necessarily mean that the species meets Summary of Information Pertaining to the statutory definition of an the Five Factors 50 CFR Part 17 ‘‘endangered species’’ or a ‘‘threatened Section 4 of the Act (16 U.S.C. 1533) species.’’ In determining whether a [Docket No. FWS–R8–ES–2021–0009; and the implementing regulations at species meets either definition, we must FF09E21000 FXES11110900000 212] part 424 of title 50 of the Code of evaluate all identified threats by Federal Regulations (50 CFR part 424) considering the expected response by Endangered and Threatened Wildlife set forth procedures for adding species the species, and the effects of the and Plants; Three Salamander Species to, removing species from, or threats—in light of those actions and Not Warranted for Listing as reclassifying species on the Lists of conditions that will ameliorate the Endangered or Threatened Species Endangered and Threatened Wildlife threats—on an individual, population, AGENCY: Fish and Wildlife Service, and Plants (Lists). The Act defines and species level. We evaluate each Interior. ‘‘species’’ as including any subspecies threat and its expected effects on the ACTION: Notification of findings. of fish or wildlife or plants, and any species, then analyze the cumulative distinct population segment of any effect of all of the threats on the species SUMMARY: We, the U.S. Fish and species of vertebrate fish or wildlife as a whole. We also consider the Wildlife Service (Service), announce which interbreeds when mature (16 cumulative effect of the threats in light findings that three salamander species, U.S.C. 1532(16). The Act defines of those actions and conditions that will the Samwel salamander (Hydromantes ‘‘endangered species’’ as any species have positive effects on the species, samweli), Shasta salamander, (H. that is in danger of extinction such as any existing regulatory shastae), and Wintu salamander (H. throughout all or a significant portion of mechanisms or conservation efforts. The wintu), are not warranted for listing as its range (16 U.S.C. 1532(6)), and Secretary determines whether the endangered or threatened species under ‘‘threatened species’’ as any species that species meets the definition of an the Endangered Species Act of 1973, as is likely to become an endangered ‘‘endangered species’’ or a ‘‘threatened amended (Act). However, we ask the species within the foreseeable future species’’ only after conducting this public to submit to us at any time any throughout all or a significant portion of cumulative analysis and describing the

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expected effect on the species now and 2021b, entire) that contains our analysis 2021b, entire), the SSA (Service 2021a, in the foreseeable future. of the listing factors and documents our entire), and this document as the Shasta The Act does not define the term determination that these species do not Complex salamanders. The three ‘‘foreseeable future,’’ which appears in meet the definition of an endangered salamanders are lungless web-footed the statutory definition of ‘‘threatened species or a threatened species. This salamanders that breathe through their species.’’ Our implementing regulations supporting information can be found on skin and the mucous membrane in their at 50 CFR 424.11(d) set forth a the internet at http:// mouth and throat. The three species are framework for evaluating the foreseeable www.regulations.gov under Docket No. very similar except that the Shasta future on a case-by-case basis. The term FWS–R8–ES–2021–0009. The following salamander has a longer third digit on ‘‘foreseeable future’’ extends only so far is an informational summary of the the pes (rear foot). The approximate into the future as the Service can finding for the Shasta Complex length of the three species is reasonably determine that both the salamanders and information found in approximately 2 to 2.5 inches (51 to 64 future threats and the species’ responses the SSA and species assessment form millimeters). The three species have to those threats are likely. In other for the three species. Please see those short, strongly tapered, generally blunt- words, the foreseeable future is the documents for additional information. tipped tails and broad, flattened heads. period of time in which we can make reliable predictions. ‘‘Reliable’’ does not Previous Federal Actions Taxonomy and Genetic Information mean ‘‘certain’’; it means sufficient to On July 11, 2012, we received a provide a reasonable degree of petition from the Center for Biological From 1953 to 2018, the Shasta confidence in the prediction. Thus, a Diversity to list 53 species of reptiles salamander was recognized as a single prediction is reliable if it is reasonable and amphibians, including the Shasta species (Gorman and Camp 1953, entire; to depend on it when making decisions. salamander (Hydromantes shastae), as Gorman 1964, entire; Rovito 2010, It is not always possible or necessary endangered or threatened under the Act entire). However, a high degree of to define foreseeable future as a (Center for Biological Diversity 2012, variation in genetic structure and particular number of years. Analysis of entire). On September 18, 2015, we genetic divergence was found after both the foreseeable future uses the best published in the Federal Register (80 mitochondrial and nuclear DNA studies scientific and commercial data available FR 56423) our 90-day finding that the of the species were completed (Wake et and should consider the timeframes petition presented substantial scientific al. 1978, entire; Wake and Papenfuss applicable to the relevant threats and to or commercial information indicating 2005, entire; Bingham 2007, entire). As the species’ likely responses to those that listing the Shasta salamander as such, and as noted above, in 2018 the threats in view of its life-history endangered or threatened may be Shasta salamander was split into three characteristics. Data that are typically warranted based on impacts to the separate species (Bingham et al. 2018, relevant to assessing the species’ species’ habitat (Factor A) and other entire). Based on this study, there are biological response include species- natural or humanmade factors (Factor three divergent lineages made up of five specific factors such as lifespan, E). On April 23, 2018, the petitioners genetic clades (a group of organisms that reproductive rates or productivity, (Center for Biological Diversity 2018, evolved from a common ancestor) certain behaviors, and other entire) supplied us with a publication (Bingham et al. 2018, pp. 403, 407). demographic factors. regarding a taxonomic split of the Hydromantes shastae and H. wintu In conducting our evaluation of the Shasta salamander into three separate make up two of the clades, with H. five factors provided in section 4(a)(1) of species (Samwel salamander samweli having three genetic clades the Act to determine whether the (Hydromantes samweli), Shasta (Bingham et al. 2018, p. 408). This Samwel salamander (Hydromantes salamander (H. shastae), and Wintu information has been published and the samweli), Shasta salamander, (H. salamander (H. wintu) (Bingham et al. split of the Shasta salamander has been shastae), or Wintu salamander (H. 2018, entire)), and requested that we accepted by the scientific community. wintu) (together referred to as the Shasta consider this information in our status After review of this information, we Complex salamanders) meet the review. On November 29, 2018, we have determined that the three species definition of ‘‘endangered species’’ or received a complaint for not completing are listable entities under the Act. ‘‘threatened species,’’ we considered the 12-month finding. Per a court and thoroughly evaluated the best approved settlement agreement, we Habitat/Life History scientific and commercial information agreed to deliver a 12-month finding for available regarding the past, present, the Shasta salamander to the Federal The three species are strictly and future threats for the three species. Register by April 30, 2021. This terrestrial for their entire lives and must We reviewed the petition, information document complies with the settlement remain moist in order for individuals to available in our files, and other agreement. absorb oxygen through their skin. available published and unpublished Consequently, the three salamanders are information. Our evaluation included Species Description surface active only when it is moist and information from recognized experts as The Shasta salamander was first cool. Historically, the three species were well as Federal and State government described in 1953, as a single species thought to occur only in and around resource and land management (Gorman and Camp 1953, entire). Since limestone rock outcrops or within agencies. that time the scientific community has limestone caves. In the last 25 years, the We developed a species status determined that the Shasta salamander three species have been found in a assessment (SSA) (Service 2021a, entire) is made up of three separate individual broader range of habitats away from for the Shasta Complex salamanders species (Bingham et al. 2018, entire). limestone, including other types of rock that contains more detailed biological The three species are identified as the outcrops, and even habitats with no information, species’ needs information, Samwel salamander (Hydromantes rock outcrop associations, such as areas and information on the threats facing samweli), Shasta salamander (H. with thick vegetative litter (Lindstrand the three species and their habitat now shastae), and Wintu salamander (H. 2000, pp. 259–261; Nauman and Olson and into the future. We also developed wintu). We refer to the three species in 2004, pp. 35–38; Lindstrand et al. 2012, a species assessment form (Service the species assessment form (Service pp. 236–241).

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Range/Distribution For example, any road construction or temperatures, reduced snowpack, and The historical range of the three maintenance actions associated with prolonged drought. We also identified species is restricted to unglaciated and timber harvest plans or other roadways the additional threat of the proposed non-volcanized forested areas within managed by Caltrans, the counties, or action of raising Shasta Dam and the the lower McCloud River, Pit River, other private landowners undergo subsequent removal and inundation of Sacramento River, and Squaw Creek environmental compliance review with habitat for the three species. We anticipate that vegetation watersheds in Shasta County, California, the State under CESA and the California management activities and wildfire will with Samwel salamander extending Environmental Quality Act, to ensure have a similar degree of impact into the slightly further west. The absence of that impacts to species listed as threatened by the State are mitigated. future as they do currently, and that glaciation and volcanic activity has The three species are also managed by they will not result in impacts to the maintained the limestone and other rock the U.S. Forest Service and Bureau of three species at a level such that they outcrops and subsurface characteristics Land Management as sensitive species would meet the Act’s definition of of the area occupied by the three and currently receive protection through ‘‘threatened species.’’ Although the species. Although current survey efforts conservation measures and best potential raising of Shasta Dam would have identified the distribution of the management practices under the affect individuals and inundate or three species within their respective Northwest Forest Plan’s Survey and remove additional habitat for the three ranges, the exact distribution and Manage program and Sensitive Species species, the extent of the potential loss abundance of the three species within programs. These measures reduce or of known detection sites and habitat the larger range of suitable geologic eliminate impacts to rock outcrops, areas that can support individuals is habitat around and near Shasta Lake is limestone areas, and known salamander very limited relative to the overall unknown, as surveys in such areas are occurrence sites during road number of detection sites and remaining difficult to obtain given the physical construction and maintenance activities available suitable habitat in each restrictions of accessing the terrain and as well as any vegetation management species’ range. difficulty of detecting individuals. The actions. We expect that existing regulatory current range of the three species is After review of the threats identified mechanisms and conservation measures similar to their historical range with above and cumulative effects facing the will continue to help ameliorate or likely some loss due to the construction species, as well as existing conservation reduce impacts of threats to the species of Shasta Dam and subsequent measures, we conclude that habitat loss and will protect Shasta Complex inundation from Shasta Lake in the or disturbance from various threats (e.g., salamanders and their habitats now and 1950s. vegetation management activities, into the foreseeable future (50 years) Evaluation of Status wildfire, climatic changes) within the such that their resiliency, range of the Samwel, Shasta, and Wintu representation, and redundancy will We have carefully assessed the best salamanders have likely impacted support their ability to sustain scientific and commercial information individuals of each species. However, populations in the wild over time. available regarding the past, present, the magnitude and extent of these We also reviewed whether there were and future threats to the Samwel impacts up to the present time have not any significant portions of the three salamander, Shasta salamander, and impacted the resiliency, representation, species’ ranges that may meet the Wintu salamander, and we evaluated all or redundancy for each species or definition of endangered or threatened. relevant factors under the five listing resulted in a decline in the overall In our analysis, we did not find any factors, including any regulatory distribution or general demographic portion of the Samwel, Shasta, or Wintu mechanisms and conservation measures condition of any of the three species salamanders’ ranges where the threats addressing these threats and the such that they are in danger of identified above are currently acting on cumulative impact of these threats. Our extinction now throughout all of their the three species at a biologically analysis identified the threats from ranges. meaningful scale such that the species habitat loss, degradation, and In determining potential future threats may be endangered, or are likely to act modification due to vegetation facing the three species, we evaluated on the species into the future such that management and wildfire (Factor A) and various climate change projections they may be threatened. Therefore, no the effects of increased temperature and using downscaled data for interior portion of the three species’ ranges can reduced moisture from climate change northern California, which includes the provide a basis for determining that any (Factor E) as the main threats currently ranges of the three species. Our one of the three species is in danger of facing the three species. We also timeframe for review looked out extinction now or likely to become so in identified the additional threat of the approximately 15, 30, and 50 years the foreseeable future in a significant proposed action of raising Shasta Dam based on the threat information portion of its range. and the subsequent removal and identified below and climate change inundation of habitat for the three data. This was our timeframe for our Finding species (Factor E). threats analysis of future conditions for Our review of the best available Existing conservation measures for the three species to determine if they scientific and commercial information the species and their habitats include were likely to become endangered indicates that the Samwel salamander, State and Federal protections and within the foreseeable future (i.e., if they Shasta salamander, and Wintu conservation measures. The Shasta meet the Act’s definition of ‘‘threatened salamander do not meet the definition salamander was listed by the State of species’’) throughout all of their ranges. of an endangered species or a threatened California as a threatened species under In our analysis of potential future species in accordance with sections 3(6) the California Endangered Species Act conditions, we analyzed the future and 3(20) of the Act. Therefore, we find (CESA) before it was split into three conditions related to vegetation that listing the Samwel salamander, separate species. The State has not management, future wildfire conditions, Shasta salamander, and Wintu officially recognized the split; however, and projected climate change effects salamander as endangered or threatened the State listing provides measures to such as variability of precipitation species under the Act is not warranted protect and conserve all three species. events and timing, increased at this time. A detailed discussion of the

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basis for this finding can be found in the Atmospheric Administration (NOAA), fisheries as set out under the heading SSA (Service 2021a, entire) and species Commerce. Inseason Actions. assessment form (Service 2021b, entire). ACTION: Inseason modification of 2021 Reason and Authorization for SOF Request for New Information management measures. Inseason Actions #10–#14 We request that you submit any new SUMMARY: NMFS announces seven The fisheries affected by the inseason information concerning the taxonomy inseason actions in the 2021 ocean actions described below were of, biology of, ecology of, status of, or salmon fisheries. These inseason actions authorized in the final rule for 2020 threats to the Samwel salamander, modified the commercial salmon annual management measures for ocean Shasta salamander, or Wintu fisheries in the area from the U.S./ salmon fisheries (85 FR 27317, May 8, salamander to the Yreka Fish and Canada border to the U.S./Mexico 2020). At its March 10, 2021 meeting, Wildlife Office (see FOR FURTHER border. the Council’s Salmon Technical Team INFORMATION CONTACT), whenever it (STT) presented updated stock DATES: becomes available. New information The effective dates for the abundance forecasts for salmon stocks will help us monitor these three species inseason actions are set out in this managed under the Pacific Coast and make appropriate decisions about document under the heading Inseason Salmon Fishery Management Plan their conservation and status. We Actions. (FMP). Based on the STT’s report, SOF encourage Federal, State, and local FOR FURTHER INFORMATION CONTACT: ocean salmon fisheries will be agencies and stakeholders to continue Christina Iverson at 360–742–2506, constrained in 2021 by the low cooperative monitoring and Email: [email protected]. abundance forecast for Klamath River conservation efforts for the three SUPPLEMENTARY INFORMATION: fall-run Chinook salmon (KRFC), which species. was determined to be overfished under Background References Cited the Magnuson-Stevens Fishery In the 2020 annual management Conservation and Management Act A list of the references cited in this measures for ocean salmon fisheries (85 (MSA) in 2018. The forecast of potential petition finding is available on the FR 27317, May 8, 2020), NMFS spawner abundance for KRFC in 2021 is internet at http://www.regulations.gov at announced management measures for 42,098 natural area spawners; which is Docket No. FWS–R8–ES–2021–0009 or the commercial and recreational below the 2020 potential spawner upon request from the person specified fisheries in the area from U.S./Canada forecast of 48,274, and is 31 percent of FOR FURTHER INFORMATION under border to the U.S./Mexico border, the average forecast of potential KRFC CONTACT. effective from 0001 hours Pacific spawners over the previous 9 years Authors Daylight Time (PDT), May 6, 2020, until (2012–2020). To reduce ocean salmon the effective date of the 2021 fishery impacts on KRFC, NMFS took 9 The primary authors of this document management measures, as published in inseason actions concurrent with the are the staff members of the Species the Federal Register. NMFS is March Council meeting to restrict some Assessment Team, Ecological Services authorized to implement inseason fisheries that were previously scheduled Program. management actions to modify fishing to open prior to May 16, 2021 (86 FR Authority seasons and quotas as necessary to 16540, March 30, 2021). At its April 6– 15, 2021 meeting, the Council finalized The authority for this action is section provide fishing opportunity while meeting management objectives for the development of its recommended 2021 4 of the Endangered Species Act of ocean salmon management measures. 1973, as amended (16 U.S.C. 1531 et affected species (50 CFR 660.409). NMFS took additional inseason seq.). Inseason actions in the salmon fishery may be taken directly by NMFS (50 CFR actions, described below, to manage and Martha Williams, 660.409(a)—Fixed inseason conserve SOF ocean salmon fishery Principal Deputy Director, Exercising the management provisions) or upon impacts on overfished KRFC by Delegated Authority of the Director, U.S. Fish consultation with the Chairman of the reducing impacts in spring fisheries and Wildlife Service. Pacific Fishery Management Council through closure or shortened fisheries in [FR Doc. 2021–09489 Filed 5–4–21; 8:45 am] (Council) and the appropriate State areas that impact KRFC consistent with BILLING CODE 4333–15–P Directors (50 CFR 660.409(b)—Flexible its forecasted abundance in 2021 and inseason management provisions). The conservation goals. state management agencies that The NMFS West Coast Regional DEPARTMENT OF COMMERCE participated in the consultations Administrator (RA) considered the described in this document were: The abundance forecasts for Chinook salmon National Oceanic and Atmospheric Washington Department of Fish and stocks and the impacts of the SOF ocean Administration Wildlife, the Oregon Department of Fish salmon fisheries, as modeled by the and Wildlife (ODFW) and the California STT, and determined that the inseason 50 CFR Part 660 Department of Fish and Wildlife actions, described below, were (CDFW). necessary to meet management and [Docket No. 200505–0127; RTID 0648– conservation goals set preseason. These XB031] Management Areas inseason actions modify boundaries Fisheries Off West Coast States; Management of the salmon fisheries is under 50 CFR 660.409(b)(1)(v) and Modifications of the West Coast generally divided into two geographic fishing seasons under 50 CFR Commercial and Recreational Salmon areas: North of Cape Falcon (NOF) 660.409(b)(1)(i). Fisheries; Inseason Actions #10 (U.S./Canada border to Cape Falcon, Consultation under 50 CFR 660.409(b) Through #16 OR) and south of Cape Falcon (SOF) on these inseason actions occurred on (Cape Falcon, OR, to the U.S./Mexico April 15, 2021. Representatives from AGENCY: National Marine Fisheries border). The actions described in this NMFS, ODFW, CDFW, and Council staff Service (NMFS), National Oceanic and document affected both NOF and SOF participated in this consultation.

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