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present substantial information, nor do whether a petitioned action is warranted and other information regarding this we have substantial information in our after we have completed a thorough species. files, to suggest that fisheries or oil and status review of the species, which is DATES: We made the finding announced gas activities, with the possible conducted following a substantial 90- in this document on September 10, exception of potential oil spills, may day finding. Because the Act’s standards 2009. To allow us adequate time to threaten the Pacific walrus. However, all for 90-day and 12-month findings are conduct this review, we request that we factors will be evaluated when we different, as described above, a receive information on or before conduct our status review. substantial 90-day finding does not November 9, 2009. mean that the 12-month finding will Finding ADDRESSES: You may submit indicate that listing is warranted. Section 4(b)(3)(A) of the Act requires information by one of the following that we make a finding on whether a References Cited methods: • Federal eRulemaking Portal: http:// petition to list, delist, or reclassify a A complete list of references cited is www.regulations.gov. Follow the species presents substantial scientific or available on the Internet at http:// commercial information indicating that instructions for submitting comments. www.regulations.gov and upon request • U.S. mail or hand-delivery: Public the petitioned action may be warranted. FOR from the Alaska Regional Office (see Comments Processing, Attn: FWS–R8– We are to base this finding on FURTHER INFORMATION CONTACT). information provided in the petition, ES–2009–0047; Division of Policy and supporting information submitted with Author Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, the petition, and information otherwise The primary authors of this notice are available in our files. To the maximum Suite 222; Arlington, VA 22203. the staff members of the Alaska Regional We will not accept e-mail or faxes. We extent practicable, we are to make this FOR FURTHER INFORMATION Office (see will post all information received on finding within 90 days of our receipt of CONTACT). the petition and publish our notice of http://www.regulations.gov. This Authority: The authority for this action is the finding promptly in the Federal generally means that we will post any the Endangered Species Act of 1973, as personal information you provide us Register. amended (16 U.S.C. 1531 et seq.). Our process for making this 90-day (see the Information Solicited section finding under section 4(b)(3)(A) of the Dated: September 1, 2009. below for more details). Act is limited to a determination of Sam D. Hamilton, FOR FURTHER INFORMATION CONTACT: whether the information in the petition Director, U.S. Fish and Wildlife Service. Robert D. Williams, Field Supervisor, presents ‘‘substantial scientific and [FR Doc. E9–21759 Filed 9–9–09; 8:45 am] Nevada Fish and Wildlife Office, 4701 commercial information,’’ which is BILLING CODE 4310–55–P North Torrey Pines Drive, Las Vegas, NV interpreted in our regulations as ‘‘that 89130, by telephone (702–515–5230), or amount of information that would lead by facsimile (702–515–5231). Persons a reasonable person to believe that the DEPARTMENT OF THE INTERIOR who use a telecommunications device measure proposed in the petition may for the deaf (TDD) may call the Federal be warranted’’ (50 CFR 424.14(b)). As Fish and Wildlife Service Information Relay Service (FIRS) at described in our threats evaluation, 800–877–8339. above, the petition presents substantial 50 CFR Part 17 SUPPLEMENTARY INFORMATION: information indicating that listing the [FWS–R8–ES–2009–0047] Pacific walrus throughout its entire Information Solicited [MO 92210530083-B2] range may be warranted based on When we make a finding that a Factors A, D, and E. Based on our Endangered and Threatened Wildlife petition presents substantial threats evaluation, the petition does not and Plants; 90-Day Finding on a information indicating that listing a present substantial information Petition to List the Amargosa Toad species may be warranted, we are indicating that Factors B and C may be (Bufo nelsoni) as Threatened or required to promptly commence a a threat to this species. Endangered review of the status of the species. To Based on this review and evaluation, ensure that the status review (12–month we find that the petition presents AGENCY: Fish and Wildlife Service, finding) is complete and based on the substantial scientific or commercial Interior. best available scientific and commercial information indicating that listing the ACTION: Notice of 90–day petition information, we are soliciting Pacific walrus throughout all or a finding and initiation of status review. information concerning the status of the significant portion of its range may be Amargosa toad. We request information warranted due to current and future SUMMARY: We, the U.S. Fish and from the public, other concerned threats under Factors A, D, and E. Wildlife Service (Service), announce a governmental agencies, Native Therefore, we are initiating a status 90–day finding on a petition to list the American Tribes, the scientific review to determine whether listing the Amargosa toad (Bufo nelsoni) as community, industry, or any other Pacific walrus under the Act is threatened or endangered under the interested parties concerning the status warranted. Endangered Species Act of 1973, as of the Amargosa toad. We are seeking The ‘‘substantial information’’ amended (Act). We find that the petition information regarding: standard for a 90-day finding is not the presents substantial scientific or (1) The species’ historical and current same as the Act’s ‘‘best scientific and commercial information indicating that status and distribution, its biology and commercial data’’ standard that applies listing this species may be warranted. ecology, and ongoing conservation to a status review to determine whether Therefore, with the publication of this measures for the species and its habitat. a petitioned action is warranted. A 90- notice, we are initiating a status review (2) Information relevant to the factors day finding is not a status assessment of to determine if listing the Amargosa that are the basis for making a listing the species and does not constitute a toad is warranted. To ensure that the determination for a species under status review under the Act. In a 12- status review is comprehensive, we are section 4(a) of the Act (16 U.S.C. 1531 month finding, we will determine soliciting scientific and commercial data et seq.), which are:

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(a) The present or threatened 4(b)(1)(A) of the Act directs that we are required to promptly commence destruction, modification, or determinations as to whether any a status review of the species. curtailment of the species’ habitat or species is an endangered or threatened On February 27, 2008, we received a range; species must be made ‘‘solely on the petition dated February 26, 2008, from (b) Overutilization for commercial, basis of the best scientific and the Center for Biological Diversity and recreational, scientific, or educational commercial data available.’’ Based on Public Employees for Environmental purposes; the status review, we will issue a 12– Responsibility (PEER; hereinafter (c) Disease or predation; month finding on the petition, as referred to as ‘‘petitioners’’) requesting (d) The inadequacy of existing provided in section 4(b)(3)(B) of the Act. that the Amargosa toad be listed as regulatory mechanisms; or You may submit your information endangered or threatened under the Act. (e) Other natural or manmade factors concerning this status review by one of The petition clearly identified itself as affecting its continued existence. the methods listed in the ADDRESSES such and included the requisite (3) Any proposed projects or section. We will not consider identification information for the development plans that may result in submissions sent by e-mail or fax or to petitioners, as required in 50 CFR increased water use in the Oasis Valley. an address not listed in the ADDRESSES 424.14(a). In a letter to the petitioners (4) Information on methods to control section. dated May 1, 2008, we responded that crayfish (Procambarus spp.) in desert If you submit information via http:// we had reviewed the petition and found riparian systems. www.regulations.gov, your entire that an emergency listing was not (5) Information on effects of warranted. We also stated that, although mosquitofish on eggs and larvae of the submission—including any personal identifying information—will be posted we were currently required to complete Amargosa toad or other species of toad a significant number of listing and where mosquitofish are not native. on the website. If your submission is made via a hardcopy that includes critical habitat actions, we anticipated (6) Data on surface water quality or making an initial finding on the petition groundwater monitoring in the Oasis personal identifying information, you may request at the top of your document during Fiscal Year 2008. However, due Valley, including transport or to unforeseen delays, we were not able movement of environmental that we withhold this personal identifying information from public to complete the finding at that time. contaminants from mining operations This notice constitutes our initial review. However, we cannot guarantee and the Nevada Test Site. finding on the petition. (7) Information on whether or not UV- that we will be able to do so. We will B radiation is increasing in the Oasis post all hardcopy submissions on http:// Previous Federal Actions Valley and, if so, the effects of this www.regulations.gov. On August 2, 1977, the Service increase on Amargosa toads. Information and materials we receive, included the Amargosa toad on a list of (8) Information as to any other threats as well as supporting documentation we amphibians that we were reviewing to to Amargosa toads asserted in the used in preparing this finding, will be determine whether those species should petition. available for public inspection on http:// be proposed for listing as endangered or If we determine that listing the www.regulations.gov, or by appointment threatened (42 FR 39121). Subsequently, Amargosa toad is warranted, it is our during normal business hours, at the beginning in 1982, we assigned the intent to propose critical habitat to the U.S. Fish and Wildlife Service, 4701 Amargosa toad as either a category 1 or maximum extent prudent and North Torrey Pines Drive, Las Vegas, category 2 candidate species under the determinable at the time we propose to NV. Act (47 FR 58454, December 30, 1982; list the species. Therefore, with regard Background 50 FR 37958, September 18, 1985; 54 FR to areas within the geographical range 554, January 6, 1989; 56 FR 58804, currently occupied by the Amargosa Section 4(b)(3)(A) of the Act requires November 21, 1991; 59 FR 58982, toad, we also request data and that we make a finding on whether a November 15, 1994). A category 1 information on what may constitute petition to list, delist, or reclassify a species was a taxon for which the physical or biological features that are species presents substantial scientific or Service has substantial information on essential to the conservation of the commercial information indicating that hand to support the biological species, where these features are the petitioned action may be warranted. appropriateness of proposing to list as currently found, and whether any of We are to base this finding on endangered or threatened under the Act. these features may require special information provided in the petition, A category 2 species was a taxon for management considerations or supporting information submitted with which the Service has information protection. In addition, we request data the petition, and information otherwise indicating that proposing to list the and information regarding whether or available in our files at the time we species as endangered or threatened is not there are areas outside the make the determination. To the possibly appropriate, but that geographical area occupied by the maximum extent practicable, we are to information is not conclusive data on species that are essential to the make this finding within 90 days of our biological vulnerability or threats that conservation of the species. Please receipt of the petition and publish our would support a proposed listing. provide specific comments and notice of the finding promptly in the On September 21, 1994, the Service information as to what, if any, critical Federal Register. received a petition from the Biodiversity habitat you think we should propose for Our standard for substantial scientific Legal Foundation of Boulder, Colorado, designation if the species is proposed or commercial information within the requesting emergency listing of the for listing, and why such habitat meets Code of Federal Regulations (CFR) with Amargosa toad as endangered. At the the requirements of the Act. regard to a 90–day petition finding is time we received the petition, the Please note that submissions merely ‘‘that amount of information that would Amargosa toad was a category 1 stating support for or opposition to the lead a reasonable person to believe that candidate species. On March 23, 1995, action under consideration without the measure proposed in the petition we announced our 90–day finding that providing supporting information, may be warranted’’ (50 CFR 424.14(b)). the petitioned action may be warranted although noted, will not be considered If we find that substantial scientific or and initiated a status review of the in making a determination, as section commercial information was presented, species (60 FR 15280). On July 26, 1995,

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the Service recommended removal of is isolated with no known or probable adults congregate at breeding sites. the Amargosa toad from category 1 connections to members of the western Jones (2004, p. 19) found 82 percent of candidate status based on information toad complex (NDOW 2000a, p. A–1). clutches were laid from February 27 to we obtained during the status review. The nearest known record for a western March 23 in the 2001 season. Eggs are On February 28, 1996 (61 FR 7596), we toad is approximately 35 linear miles deposited in strings among vegetation in removed the Amargosa toad from (56 kilometers (km)) away at Furnace shallow water. A female may lay up to candidate status. On March 1, 1996, we Creek in Death Valley National Park, 6,000 eggs in a single clutch. The eggs announced our 12–month finding that California, where an introduced typically develop into larvae (tadpoles) listing the Amargosa toad as endangered population of western toad occurs. The within 1 to 2 weeks, but as quickly as or threatened was not warranted (61 FR historical and current range of the 3 days in thermal waters (NDOW 2000a, 8018). Amargosa toad is estimated to be a 10- p. A–2). Larvae are blackish with silvery mile (16-km) stretch of the Amargosa speckles, rounded tail tips, and Species Information River and nearby spring systems translucent tail fins. Larvae feed on Taxonomy and Description roughly between the towns of algae, decaying plant material, and Springdale and Beatty. In 1996, the organic detritus that is suspended in the The Amargosa toad is a member of the Amargosa Toad Working Group (ATWG) water column or on the substrate. family Bufonidae which includes North was organized to provide Larvae may be swept downstream if a American true toads. Stejneger (1893, recommendations for management and current is present. Larval mortality may cited in Lannoo 2005, p. 427) described conservation of the Amargosa toad. The be very high, although recruitment the Amargosa toad as Bufo boreas ATWG consists of representatives of the estimates have not been made (CBD and nelsoni, a subspecies of the western toad Service, NDOW, Nevada Department of PEER 2008, p. 10). Amargosa toad (Bufo boreas). Savage (1959, pp. 251– Conservation and Natural Resources, tadpoles require relatively open water 254) was the first to refer to the Bureau of Land Management (BLM), that persists long enough for the Amargosa toad as Bufo nelsoni in Nye County and local community, the completion of metamorphosis and accordance with the rules of the University of Nevada at Reno, and other development into toadlets at which time International Code of Zoological stakeholders. In 2007, the ATWG they leave the water. Tadpoles Nomenclature. Feder (1997, cited in prepared a map of all known and metamorphose into toadlets in about 4 Lannoo 2005, p. 428) diagnosed Bufo potential habitat for the species, to 8 weeks, though development is nelsoni by allozymic data and was the including potential movement corridors, highly variable depending on water first to publish species rank for the and posted the map on the Internet at: temperature and site conditions (Jones Amargosa toad. Mitochondrial DNA http://www.fws.gov/nevada/ 2004, p. 7). Predation and early analyses by Goebel (1996, cited in nv%5Fspecies/amargosa_toad.html. desiccation of wetlands needed for Lannoo 2005, p. 429) are consistent with The total amount of known and breeding may destroy an entire breeding species status for the Amargosa toad. In potential Amargosa toad habitat effort. Amargosa toads are believed to 2002, Bufo nelsoni was listed as a full delineated on the ATWG map is 8,440 typically live 3 to 4 years in the wild, species on the Integrated Taxonomic acres (ac) (3,416 hectares (ha)). but a toad marked in 1998 was Information System database compiled recaptured in 2008. by the Smithsonian Institution with the Life History and Ecology Amargosa toads may be active any highest credibility rating by their Amargosa toad habitat requirements time of the year. Toads eat invertebrates Taxonomic Working Group (Lannoo for breeding and population recruitment including spiders, scorpions, ants, 2005, p. 427). include the presence of open, ponded or harvester ants, wasps, beetles, flies, Adult male Amargosa toads are flowing water, with riparian vegetative grasshoppers, stink bugs, water striders, typically 1.6 to 2.7 inches (in.) (42 to 68 cover in an early to intermediate damsel flies, mosquitoes, mites, and millimeters (mm)) snout-vent length, successional stage to form a partial snails. They use their sticky tongue to females typically 1.8 to 3.5 in. (46 to 89 canopy for shade with minimal grab prey items in a sit-and-wait mm) snout-vent length (Nevada emergent vegetation at the water’s predator strategy (CBD and PEER 2008, Department of Wildlife [NDOW] 2000a, edges. Immature (metamorphs or p. 11). p. A–2). The dorsal body of the toadlets) and adult Amargosa toads are The mean home range of adult Amargosa toad has three paired rows of dependent upon the areas described Amargosa toads has been studied at the tubercles, or wart-like skin projections, above as well as areas they can use for Torrance Ranch site and at Amargosa with brown center coloration. The back shelter, including burrows, debris piles, River Narrows. Home ranges at these has black speckling or asymmetrical spaces under logs or rocks, or areas of sites are estimated to be approximately spots. Background coloration ranges dense vegetation (NDOW 2000a, p. A– 1.5 ac (0.6 ha), with no difference from almost black to brownish or buffy 2). Adult toads also require adjacent between males and females (Jones 2004, olive and may vary considerably among vegetated uplands for nocturnal p. 48). Rare movements occur over 0.8 individual toads in the same foraging. Upland habitat typically mile (1.3 km) between breeding sites population. A light mid-dorsal stripe consists of Mojave and Great Basin along the Amargosa River and 0.5 mile occurs along the backbone. The large, desert vegetation with leaf litter, rock (0.8 km) across uplands (NDOW 2000b, wart-like parotid glands located behind outcrops, rodent burrows, woody debris, p. 9). During rain events, toad the eye are tawny to olive. Underneath, and open areas that are sparsely movements are not always confined to the Amargosa toad is whitish or pale vegetated. Dense vegetation and riparian corridors and reports exist of olive with scattered black spots that advanced successional stages of riparian Amargosa toads moving over upland merge above the legs to form the vegetation appear to limit habitat ridges (Jones 2004, p. 49). However, appearance of ‘‘pants.’’ suitability and occupancy by all life significant genetic differentiation of stages, particularly where open water is Amargosa toads among sites suggests Historical and Current Range not present (NDOW 2000a, p. A–2). Amargosa toads do not make extensive Amargosa toads are endemic to Oasis The breeding season for the Amargosa use of upland habitat for movement or Valley in southern Nye County, Nevada. toad begins in mid-February and may migration (Simandle 2006, p. 38). The area occupied by the Amargosa toad extend into July during which time Amargosa toads are attracted to

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disturbed areas where they forage and Rare events such as intense floods The petition raises the issue of breed (NDOW 2000b, pp. 7–8 and 19), demonstrate that these are dynamic, potential development plans for the and seemingly co-exist with humans as disturbance-dependent ecological Town of Rhyolite that would include indicated by survey data collected at systems upon which the Amargosa toad the need for water (CBD and PEER 2008, developed study sites (urban and depends. Events such as floods may p. 20). Indian Spring has been identified residential). simultaneously destroy existing as a potential water extraction site that Predators of toads include common occupied habitat, create new suitable would support Rhyolite development. raven (Corvus corax), white-faced ibis habitat, and facilitate infrequent The petition states that if this were to (Plegadis chihi), great egret (Ardea movement among different sites. occur, it would likely adversely affect alba), snowy egret (Egretta thula), great the water table at that site. blue heron (Ardea herodias), red-tailed Five Factor Evaluation The petition also states that the hawk (Buteo jamaicensis), red- Section 4 of the Act, and its proposed Reward Mine on BLM land shouldered hawk (Buteo lineatus), implementing regulations at 50 CFR has the potential to affect groundwater spotted sandpiper (Actitis macularius), 424, set forth the criteria and procedures in the area. The Reward Mine is American robin (Turdus migratorius), for adding species to the Federal Lists approximately 3 miles (4.8 km) American badger (Taxidea taxus), of Endangered and Threatened Wildlife southeast of the Amargosa River at the crayfish (Procambarus spp.), and and Plants. The Service determines Narrows, south of Beatty. The mine various fish species (CBD and PEER whether a species is an endangered or operations would use up to 287 acre-feet 2008, p. 11). threatened species due to one or more of groundwater per year over a period of 6 years (John Shomaker and Associates, Status of the following five factors described in section 4(a)(1) of the Act: (A) The Inc. 2008, p. 1). The petitioners claim Since 1998, the Amargosa toad has present or threatened destruction, that proposed water withdrawal been classified as a Protected Species by modification, or curtailment of its potentially may create a cone of the State of Nevada. No Federal habitat or range; (B) overutilization for depression that could lower water levels protection is currently afforded the commercial, recreational, scientific, or upstream and impact toad habitat. The species other than designation as a educational purposes; (C) disease or February 2008 analysis provided by Special Status Species by the BLM. predation; (D) the inadequacy of BLM on the Reward Mine indicates Conservation and management oversight existing regulatory mechanisms; or (E) water for operations would be provided for the Amargosa toad is provided other natural or manmade factors by a well in alluvium next to the through the ATWG. The ATWG is affecting its continued existence. Amargosa River (John Shoemaker & comprised mostly of biologists, In making this 90–day finding, we Associates Inc. 2008, p. 1). The managers, and private landowners with evaluated whether information petitioners assert the combination of a common interest in Amargosa toad regarding the Amargosa toad, as river water and local groundwater conservation. The Amargosa Toad presented in the petition and other extracted from the well could lower Conservation Agreement and Strategy information available in our files at the groundwater levels in Oasis Valley was completed in 2000 (CA/S) (NDOW time of the petition review, meets the (particularly southern Oasis Valley); 2000a, pp. 1–12) and provides definition of substantial information as however, the petitioner did not provide management and conservation guidance stated in 50 CFR 424.14(b)(1), indicating any support for these assertions. for the Amargosa toad. Efforts to update that the petitioned action may be The petitioners assert that lowering of the CA/S were initiated at the November warranted. Our evaluation of this the water table from increased 7, 2007, meeting of the ATWG. information is presented below. groundwater use could seriously impact In 1998, the Nevada Department of toad habitat (CBD and PEER 2008, p. Wildlife (NDOW) initiated a long-term Factor A. 17). Further, they claim that portions of population monitoring program for the Present or Threatened Destruction, the Amargosa River may have become Amargosa toad using mark/recapture Modification, or Curtailment of the dewatered from overuse by humans methods at key sites. The study involves Species’ Habitat or Range (CBD and PEER 2008, p. 17). A detailed capture and marking (with implanted analysis of the impacts of groundwater tags) of all adult Amargosa toads found The petition outlines numerous and surface water withdrawals on water that are 2 in. (50 mm), or greater in assertions regarding the present or levels in the Amargosa River would be length. As of November 2007, a total of threatened destruction, modification, or required to demonstrate the above 5,666 Amargosa toads had been curtailment of the Amargosa toad’s effects. There is no indication in our captured and tagged since 1998. The habitat or range. Several assertions point files or submitted with the petition that 2007 estimate for the number of toads 2 to Amargosa toad habitat being such an analysis has been completed. in. (50 mm) or greater in length from all threatened by proposed Federal land However, we have in our files a 1998 surveyed sites is 5,179, which is 13 sales and by development projects on ruling on an application for percent less than the estimate for 1998 private land. The petitioners claim that groundwater withdrawal in the Oasis through 2006 (Hobbs 2007, p. 1). federal land proposed for sale and Valley issued by the Nevada State Further, additional populations of toads private lands subject to development Engineer (NSE). This ruling recognized may occur on unsurveyed sites on encompass the majority of the range of a high degree of connection between private land (NDOW 2000b, p. 18). the Amargosa toad (CBD and PEER groundwater and surface water in Oasis Simandle (2006, p. 42) determined 2008, pp. 3, 19, and 29). The petition Valley (NSE Ruling 4669). The NSE that Amargosa toads meet the criteria states that threats to the Amargosa toad found that combined groundwater and and expectations of metapopulations. resulting from federal land sales are the surface water allocations significantly This means that occupied habitats, development that would take place on exceeded the current estimate of unoccupied but suitable habitats, and these and the surrounding private lands, perennial yield in the basin. Proposed intervening habitat that may be and the increased demand for land uses and development in and near occasionally used during infrequent groundwater to support that the area of Oasis Valley could lead to migration events should all be development (CBD and PEER 2008, pp. additional groundwater allocations, considered as conservation priorities. 3, 17, and 20). accompanied by a reduction in

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Amargosa toad habitat through a individual Amargosa toads; however, commercial, recreational, scientific, or lowering of local groundwater levels. A light to moderate use may be beneficial educational purposes is a threat to the small decrease in groundwater levels in to the Amargosa toad. Targeted grazing Amargosa toad. However, we will Oasis Valley could lead to a significant on the Torrance Ranch by The Nature further investigate whether reduction in the area of open pools of Conservancy improved habitat, and overutilization for commercial, water at springs, along spring branches, Amargosa toads responded positively as recreational, scientific, or educational or along the Amargosa River indicated by use of the area by purposes is a potential threat to the toad (particularly during dry summer Amargosa toads for feeding and during our status review. months), all of which provide habitat for breeding. Complete removal of Factor C. the Amargosa toad (Braumiller 2008, p. ungulates could lead to overgrowth of 1). Therefore existing and future water vegetation, and may pose a more serious Disease or Predation use in the Oasis Valley may pose a threat to the Amargosa toad than The petitioners did not present threat to the Amargosa toad. moderate ungulate use. evidence, and no evidence exists in our Other potential threats identified by The petitioners claim that OHV files, that disease may be a threat to the the petitioners include alterations of the activity has been increasing around the Amargosa toad at this time. However, riparian corridor that may affect toad Beatty area and results in decreased movements and habitat connectivity; we will further investigate whether habitat quality, loss of riparian habitats, disease is a potential threat to the toad habitat loss and fragmentation resulting and direct mortality of Amargosa toads from proposed projects including flood during our status review. (CBD and PEER 2008, pp. 21 and 27). The petitioners claim that exotic control projects, a railroad, and a Most OHV use in the Beatty area, species or nonnative predators and mineral material site; overgrowth of including the Terrible’s 200 Las Vegas competitors, including nonnative vegetation as a result of fencing; feral to Reno race, occurs during the daytime crayfish (Procambarus spp.), largemouth burro and livestock effects on springs when toads are likely sheltering. OHVs bass (Micropterus salmoides), nonnative and toads; direct mortality associated are used by community residents within with roads and highways; and off- trout (Oncorhynchus spp.), black the town limits of Beatty mostly along bullhead catfish (Ictalurus melas), highway vehicle (OHV) use. existing roads and trails. However, OHV The petitioners generally describe the mosquitofish (Gambusia affinis), and travel within the river corridor, washes, nonnative bullfrogs (Rana catesbeiana), potential effects that could result from or other areas used by toads for breeding flood control projects (CBD and PEER are a serious threat to the Amargosa or for sheltering during daylight hours toad. Since their introduction in the 2008, pp. 17 and 20). However, the may impact Amargosa toads, petitioners do not provide information mid-1980s, nonnative crayfish have particularly eggs and tadpoles that are become established along most of the on any specific flood control projects known to occur in road depressions. that may threaten the species or its Amargosa River and springs occupied Although the extent of impacts to the by the Amargosa toad, and occur in habitat, and the Service is unaware of Amargosa toad as a result of OHV use any proposed flood control actions that large numbers (CBD and PEER 2008, p. is largely unknown, we believe this 3). Crayfish consume toad eggs and would alter the Amargosa River. current OHV use could pose a threat to The petitioners state that construction larvae, and were located in 7 of 11 sites the Amargosa toad. of a new railroad, as proposed by the surveyed during a study (CBD and PEER In summary, we find that the 2008, p. 23; Jones 2004, pp. 24–25). Bass U.S. Department of Energy to transport information provided in the petition, as nuclear waste to Yucca Mountain, may are known to occur in at least one pond well as information in our files, presents cross the northernmost portion of the on private property in Oasis Valley, but substantial scientific or commercial Oasis Valley, north of Colson pond, there is no information in our files to information indicating that listing the disturbing approximately 20 ac (8 ha) of support the claim that trout currently Amargosa toad as threatened or Amargosa toad habitat (CBD and PEER occur in Oasis Valley. Black bullhead endangered may be warranted due to 2008, p. 18). Although habitat is catfish are known at one pond that is the present or threatened destruction, suitable, Amargosa toads are not known also occupied by Amargosa toads. modification, or curtailment of its to occur in this area (ATWG 2006, pp. Catfish and toads have co-occurred at habitat or range, including existing and 1–2). this site for at least 9 years. Vegetation overgrowth and use of future water development, use of Mosquitofish have been introduced into springs by feral burros and cattle are groundwater to support land waters of Oasis Valley and occur at most other land management issues raised by development, overgrowth of vegetation, sites occupied by toads. Mosquitofish the petitioners that may result in excessive habitat use by ungulates, and have been observed to remove and degraded habitat and depressed OHV use in toad habitat. We will consume eggs of the arroyo toad (Bufo Amargosa toad numbers (CBD and PEER investigate whether there are additional californicus; Lannoo 2005, p. 399) and 2008, pp. 17–18, 21 and 23–25). Fencing potential threats to the Amargosa toad may also prey on Amargosa toad eggs. has been installed at the Crystal and related to Factor A during our status It is conceivable that nonnative Indian springs sites to exclude feral review. predators have an impact on Amargosa burros. While burros and livestock Factor B. toads; however, the overall effects of (ungulates) may trample Amargosa toad these introduced aquatic species eggs and larvae, light to moderate Overutilization for Commercial, specifically to the Amargosa toad are disturbance is important to Amargosa Recreational, Scientific, or Educational unknown. toads (ATWG 2005, p. 2). In the absence Purposes In summary, we find that the of disturbance, vegetation grows The petitioners state that there is no information provided in the petition, as uncontrolled and reduces open areas evidence that scientific research has well as information in our files, presents necessary for Amargosa toads. Intensive resulted in negative consequences on substantial scientific or commercial and uncontrolled use of Amargosa toad studied populations of the Amargosa information indicating that listing the habitat by ungulates may threaten the toad (CBD and PEER 2008, p. 22). We Amargosa toad may be warranted due to species by resulting in habitat have no information in our files that the threat of predation by introduced degradation and potential loss of indicates overutilization for species.

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Factor D. sheltering. The BLM imposes permit when combined with potential threats conditions to minimize impacts to the from development identified in Factor Inadequacy of Existing Regulatory area. The Service is unaware of any A. Mechanisms information that indicates these events The petition states that species found The petitioners cite BLM’s failure to or casual OHV use are threats to the in few locations, such as the Amargosa protect the Amargosa toad through Amargosa toad or that BLM fails to toad, are susceptible to stochastic events designation of important toad habitat as enforce OHV exclusion from riparian such as fire or floods (CBD and PEER an Area of Critical Environmental areas. In 2008, BLM chose an alternate 2008, p. 22). Controlled burns Concern (ACEC) or through provision of route away from toad habitat for OHV conducted on Torrance Ranch in 2008 a comparable level of protection through events near Crystal Spring. were successful at reducing vegetation other means (CBD and PEER 2008, pp. Following a recent review of the CA/ and improving toad habitat; toad 19 and 27). Further, they claim that the S, the ATWG concluded that reproduction was documented Town of Beatty and Nye County have implementation of the CA/S was an immediately following the burn (ATWG failed to cooperate in local community overall success. While some projects 2008, p. 1). Flood events are a natural efforts to develop a conservation area in have not been completed, a number of disturbance and may benefit the Oasis Valley (CBD and PEER 2008, p. important activities not identified in the Amargosa toad through periodic habitat 20), and, therefore, that Amargosa toad CA/S have been conducted. The disturbances. We will further investigate habitat on private land is threatened by updated CA/S will include information whether susceptibility to stochastic potential development which may on all accomplishments that benefit the events is a potential threat to the toad proceed without conservation for the toad. The petition asserts that several during our status review. Amargosa toad (CBD and PEER 2008, p. habitat enhancement projects proposed Radiation poisoning through 19). Finally, the petitioners assert that in the CA/S (CBD and PEER 2008, p. 20) groundwater contamination (from the State of Nevada fails to provide were not completed, but these projects atomic testing on the Nevada Test Site) adequate protection for the Amargosa will be revisited in the upcoming review was also cited by the petitioners (CBD toad through existing statutes of CA/S. and PEER 2008, p. 21). The petitioners particularly regarding permit In summary, we find that the also assert that pollution of unknown exemptions for residential groundwater information provided in the petition, as levels on private land is a threat to the use up to 1,800 gallons per day and well as information in our files, does Amargosa toad (CBD and PEER 2008, p. habitat threats on private lands (CBD present substantial scientific or 25). No information on groundwater and PEER 2008, pp. 20 and 28). commercial information indicating that The petitioners also claim that BLM connections or the types, amounts, listing the Amargosa toad may be infiltration speed, or locations of allows OHV racing near the Crystal warranted due to the inadequacy of the Springs exclosure and in a wash pollution was provided in the petition existing regulatory mechanisms, or exists in our files to support this potentially used by Amargosa toads. particularly State regulations that allow They further state that BLM usually claim as an important threat to the for residential groundwater use up to Amargosa toad. However, we will does not enforce OHV exclusion from 1,800 gallons per day without the need riparian areas in Oasis Valley (CBD and further investigate whether radiation for a permit and the lack of a final poisoning through groundwater PEER 2008, p. 27). master plan for the Oasis Valley. Finally, the petition claims that BLM contamination is a potential threat to failed to follow through with habitat Factor E. the toad during our status review. projects (CBD and PEER 2008, pp. 20 Environmental factors, including Other Natural or Manmade Factors and 25) and the CA/S has failed at global warming, were identified by the Affecting the Species’ Continued protecting toad habitat and increasing petitioners as factors that could decrease Existence toad populations (CBD and PEER 2008, habitat for the Amargosa toad through p. 27). The petitioners assert that the drought. The petitioners also mentioned Water development may adversely Amargosa toad is particularly increased UV-B radiation, which could affect areas occupied by Amargosa toad. vulnerable to extinction due to its weaken the Amargosa toad’s immune The State of Nevada permits exemptions exceedingly small range and small system and result in mortality from for up to 1,800 gallons per day for population size; most of its range has disease (CBD and PEER 2008, p. 22). As residential use, which may collectively been impacted by humans (Simandle acknowledged in the petition (CBD and result in a substantial volume of 2006, p. 14; Petition, pp. 16 and 29), and PEER 2008, p. 23), disease has not been groundwater withdrawal. The structure small populations are particularly observed in Amargosa toads, and no of State water regulations and absence vulnerable to genetic drift. Information field observations of Amargosa toad of sufficient data on groundwater and in our files also suggests that the mortalities suggesting disease have been surface water to support development historical and current range of the reported. without affecting toad habitat Amargosa toad is small, i.e., We acknowledged in Factor A that constitutes a potential threat to the approximately 10 miles (16 km) long management of water resources to meet Amargosa toad. Further, the Service is consisting of 8,440 ac (3,416 ha) the needs of the Amargosa toad is unaware of a final master plan that centered on the Amargosa River and important for Amargosa toad guides community planning in concert including movement corridors among conservation. Environmental changes with toad conservation. The Service adjacent spring sites and the river. due to climate change, including acknowledges that activities and Small population size and range, drought, could exacerbate the threats potential development on private lands compounded by threats under Factor A, under Factor A. Therefore, we find that within Oasis Valley are significant could threaten the Amargosa toad. the information in the petition and in threats to the toad. Therefore, we find that the information our files presents substantial Near the Crystal Spring exclosure, in the petition and in our files presents information to indicate environmental BLM has approved OHV events that substantial information that small range changes due to climate change could occur over a 2–day period during the and population size may be an exacerbate threats under Factor A and daytime when Amargosa toads are important threat to the Amargosa toad combine to threaten the Amargosa toad.

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Finally, the petitioners claim that indicating that listing the Amargosa information regarding the Amargosa introduced, invasive trees have become toad may be warranted. toad relevant to all five listing factors. established along stretches of the Our process for making this 90–day The ‘‘substantial information’’ Amargosa River and springs, which may finding under section 4(b)(3)(A) of the standard for a 90–day finding differs reduce prey and microhabitat available Act is limited to a determination of from the Act’s ‘‘best scientific and for the Amargosa toad (CBD and PEER whether the information in the petition commercial data’’ standard that applies 2008, pp. 24 and 26). Since the CA/S presents ‘‘substantial scientific or to a 12–month finding after a status was signed in 2000, removal of invasive commercial information,’’ which is review to determine whether a trees, tamarisk (Tamarix ramosissima) petitioned action is warranted. A 90– interpreted in our regulations as ‘‘that and Russian olive (Elaeagnus day finding is not a status assessment of amount of information that would lead angustifolia) has been ongoing and the species and does not constitute a a reasonable person to believe that the successful as a joint effort involving status review under the Act. Our final measure proposed in the petition may State, Federal, and private landowners. determination as to whether a be warranted’’ (50 CFR 424.14(b)). Amargosa toads are known to use areas petitioned action is warranted is not underneath tamarisk and Russian olive Section 4(a) of the Act states the made until we have completed a trees for feeding and sheltering. Secretary shall, by regulation thorough status review of the species, Tamarisk and Russian olive removal promulgated in accordance with which is conducted following a positive efforts generally include replacement subsection (b) of the Act, determine 90–day finding. Because the Act’s with native riparian species that will whether any species is an endangered standards for 90–day and 12–month provide the same function. We will species or a threatened species because findings are different, as described further investigate whether invasive of any of the five listing factors. above, a positive 90–day finding does trees are a potential threat to the toad Furthermore, regulations at 50 CFR not mean that the 12–month finding during our status review. 424.11(c) state a species shall be listed also will be positive. or reclassified if the Secretary In summary, we find that the References Cited information provided in the petition determines, on the basis of the best and in our files presents substantial scientific and commercial data available A complete list of references cited is scientific or commercial information after conducting a review of the species’ available on the Internet at http:// indicating that listing the Amargosa status, that the species is endangered or www.regulations.gov and upon request toad may be warranted due to threats threatened because of any one or a from the Nevada Fish and Wildlife from other natural or manmade factors. combination of the five listing factors. Office, Las Vegas, Nevada (see FOR These factors, particularly small As described in our Five-Factor FURTHER INFORMATION CONTACT). populations, small range size, and Evaluation above, the petitioners Author environmental changes due to climate presented substantial information change, could exacerbate threats indicating that the Amargosa toad may The primary authors of this notice are identified under Factor A. be threatened throughout its entire the staff members of the Nevada Fish range due to four of the five listing and Wildlife Office (see FOR FURTHER Finding factors described in the Act. Therefore, INFORMATION CONTACT). We have reviewed the petition and based on our determination that the Authority petitioned action may be warranted due the literature cited in the petition, and The authority for this action is the to substantial information presented evaluated the information to determine Endangered Species Act of 1973, as under Factors A, C, D and E, we are whether the sources cited support the amended (16 U.S.C. 1531 et seq.). claims made in the petition. We also initiating a status review to determine reviewed information that was readily whether listing the Amargosa toad Dated: August 26, 2009. available in our files. Based on our under the Act is warranted. We will Daniel M. Ashe, evaluation of the information provided address any other potential threats Acting Director, U.S. Fish and Wildlife in the petition, and information in our during our status review. To ensure that Service. files, we find that the petition presents the status review is comprehensive, we [FR Doc. E9–21762 Filed 9–9– 09; 8:45 am] substantial scientific information are soliciting scientific and commercial BILLING CODE 4310–55–S

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