Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Proposed Rules 60607 designation of critical habitat. We note appointment, during normal business data and comments are available for that emergency listing and designation hours at the above address. public inspection, by appointment, of critical habitat are not petitionable during normal business hours at the References Cited actions under the Act. Based on the above address. information presented in the petition, You may request a complete list of all FOR FURTHER INFORMATION CONTACT: the habitat loss and other threats to the references we cited, as well as others, Jason Davis or Maria Boroja at the species have been long-standing and from the Sacramento Fish and Wildlife Sacramento Fish and Wildlife Office ongoing for many years. There are no Office (see ADDRESSES section). (see ADDRESSES section above), or at imminent, devastating actions that Author: The primary author of this (916–414–6600. document is Catherine Hibbard, could result in the extinction of the SUPPLEMENTARY INFORMATION: species. Therefore, we find that an Sacramento Fish and Wildlife Office emergency situation does not exist. The (see ADDRESSES section). Background 12-month finding will address the issue Authority: The authority for this action is Section 4(b)(3)(A) of the Endangered of critical habitat. the Endangered Species Act of 1973, as Species Act (Act) of 1973, as amended amended (16 U.S.C. 1531 et seq.). Public Information Requested (16 U.S.C. 1531 et seq.), requires that the Dated: October 5, 2000. Service make a finding on whether a The Service hereby announces its Jamie Rappaport Clark, petition to list, delist, or reclassify a formal review of the species’ status Director, U.S. Fish and Wildlife Service. species presents substantial information pursuant to this 90-day petition finding. [FR Doc. 00–26181 Filed 10–11–00; 8:45 am] indicating that the petitioned action We request additional data, comments, may be warranted. To the maximum BILLING CODE 4310±55±P and suggestions from the public, other extent practicable, this finding is to be concerned governmental agencies, the made within 90 days of the receipt of scientific community, industry, or any DEPARTMENT OF THE INTERIOR the petition, and the finding is to be other interested parties regarding the published promptly in the Federal status of the California spotted owl. Of Fish and Wildlife Service Register. If the finding is that particular interest is information substantial information was presented, pertaining to the factors the Service uses 50 CFR Part 17 the Service will commence a review of to determine if a species is threatened the status of the involved species. This or endangered: (1) the present or Endangered and Threatened Wildlife finding is based on information threatened destruction, modification, or and Plants: 90-day Finding on a contained in the petition, supporting curtailment of its habitat or range; (2) Petition To List the Yosemite Toad as information submitted with the petition, overutilization for commercial, Endangered and other information available to the recreational, scientific, or educational Service at the time the finding was AGENCY: Fish and Wildlife Service, purposes; (3) disease or predation; (4) made. Interior. the inadequacy of existing regulatory The processing of this petition mechanisms; and (5) other natural or ACTION: Notice of 90-day petition conforms with the Service’s final listing manmade factors affecting its continued finding. priority guidance published in the existence. SUMMARY: The U.S. Fish and Wildlife Federal Register on October 22, 1999 If you wish to comment, you may Service (Service) announces a 90-day (64 FR 57114). The guidance clarifies submit your comments and materials finding on a petition to list the Yosemite the order in which we will process concerning this finding to the Field toad (Bufo canorus) as endangered rulemakings. Highest priority is Supervisor, Sacramento Fish and under the Endangered Species Act (Act) processing emergency listing rules for Wildlife Office (see ADDRESSES section). of 1973, as amended (16 U.S.C. 1531 et any species determined to face a Our practice is to make comments, seq.). We find that the petition presents significant and imminent risk to well- including names and home addresses of substantial scientific or commercial being (Priority 1). Second priority respondents, available for public review information to indicate that listing the (Priority 2) is processing final during regular business hours. species may be warranted. Therefore, determinations on proposed additions Respondents may request that we we are initiating a status review to to the lists of endangered and withhold their home address, which we determine if the petition action is threatened wildlife and plants. Third will honor to the extent allowable by warranted. To ensure that the review is priority (Priority 3) is processing new law. There also may be circumstances in comprehensive, we are asking for proposals to add species to the lists. The which we would withhold a information and data regarding this processing of administrative petition respondent’s identity, as allowable by species. findings (petitions filed under section 4 law. If you wish us to withhold your of the Act) is the fourth priority (Priority name and/or address, you must state DATES: The finding announced in this 4). The processing of critical habitat this request prominently at the document was made on October 5, 2000. determinations (prudency and beginning of your comment. However, To be considered in the 12-month determinability decisions) and proposed we will not consider anonymous finding for this petition, comments and or final designations of critical habitat comments. To the extent consistent with information should be submitted to the will be funded separately from other applicable law, we will make all Service by December 11, 2000. section 4 listing actions and will no submissions from organizations or ADDRESSES: Data, information, longer be subject to prioritization under businesses, and from individuals comments, or questions concerning this the listing priority guidance. The identifying themselves as petition should be submitted to the processing of this petition finding is a representatives or officials of Field Supervisor; Sacramento Fish and Priority 4 action. organizations or businesses, available Wildlife Office; Sacramento Fish and We have made a 90-day finding on a for public inspection in their entirety. Wildlife Office; 2800 Cottage Way, petition to the list Yosemite toad (Bufo Comments and materials received will Room W–2065; Sacramento, California canorus) as an endangered species. On be available for public inspection, by 95825. The petition finding, supporting Monday, April 3, 2000, we received a

VerDate 112000 12:17 Oct 11, 2000 Jkt 194001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM pfrm08 PsN: 12OCP1 60608 Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Proposed Rules petition, dated February 28, 2000, to list combination, are responsible for the worldwide. An investigation of museum the Yosemite toad as endangered. The range-wide decline of the species. specimens of Yosemite toads collected petition was submitted by the Center for There have been few if any studies to by Sherman and Morton at Tioga Pass Biological Diversity and Pacific Rivers date on the direct effect of contaminant during a die-off in 1977–1978 found Council. The letter clearly identified introductions on Yosemite toad those toads to be infected with chytrid itself as a petition and contained the populations. However, several studies fungus (Carey et al. 1999). The names, signatures, and addresses of the show that significant levels of petitioners state that there is significant petitioners. Included in the petition was contaminants have been deposited in information yet to be discovered supporting information relating to the high Sierran aquatic ecosystems from regarding aquatic pathogens and their species’ taxonomy and ecology, pesticide drift, acid precipitation, and relationship to the ecology of Yosemite adequacy of existing regulatory smog drift (Seiber et al. 1998, Aston and toads. Should evidence indicate that mechanisms for the species, and the Seiber 1997, Cahill et al. 1996, Miller Yosemite toads have evolved with historic and present distribution, 1996, Byron 1991, Nikolaidis 1991, aquatic pathogens, then other stressors current status, and potential cause of Laird et al. 1986). The petitioners including contaminant introductions decline. This notice constitutes the 90- believe that contaminant introductions and UV-radiation may be reducing the day finding for the February 28, 2000, can harm toad populations through ability of toads to fight off infection petition. lethal and sublethal effects including from these pathogens (Sherman and The Yosemite toad is a high elevation delayed metamorphosis, reduced Norton 1993, Drost and Fellers 1996, species that occurs in the central Sierra breeding and feeding activity (Berrill et Carey et al. 1993, 1995, 1999, Jennings Nevada Mountains of California al. 1993, 1994, 1995,1998, Boyer and 1996, Taylor et al. 1999). (Stebbins 1985). The range of the Grue 1995, Beaties and Tyler-Jones The petitioners state that there are Yosemite toad extends from Ebbetts 1992, Corn and Vertucci 1992, Hall and other natural and anthropogenic factors Pass, Alphine County, to south of Kaiser Henry 1992). In addition, contaminant that may be negatively affecting the Pass and Evolution Lake, Fresno County introduction may weaken the immune Yosemite toad, including (1) airborne (Stebbins 1966, Karlstrom 1962, 1973). systems of toads rendering them more contamination, (2) ultraviolet radiation, According to the petition, the Yosemite susceptible to disease such as chytrid and (3) climate change. However, there toad commonly occurs at elevation fungus and red-legged disease are significant gaps in the extent of the between 2,438 and 3.047 meters (8,000 (Aeromonas hydrophila) (Carey et al. information regarding affects of airborne and 10,000 feet), with an overall 1993, 1995, 1999, Jennings 1996, Drost contaminants on Yosemite toads. The elevation range of 1,950 to 3,500 meters and Fellers 1996, Sherman and Morton affect of UV-radiation and global (6,400 to 11,300 feet). 1993). warming on Yosemite toad populations There is ample evidence to suggest is also lacking at this time. These factors The Yosemite toad is a member of the that Yosemite toads cannot coexist with may provide additional stresses on toad Boreas-canorus group, the most introduced fish. In addition, there are populations that are already being primitive of three evolutionary lines of strong indications that nonnative fish assaulted by nonnative fish, livestock North American Bufo (Camp 1917, introductions have contributed to the grazing, drought, and disease. Karlstrom 1962). According to Camp decline of the toad. Not only do Combinations of stresses may explain (1916), the Yosemite toad has long been nonnative fish prey upon adult, juvenile the significant declines of Yosemite recognized as a distinct species. The and larval toads, they also alter the food toads recorded over the past few Yosemite toad is a close relative of three chain of high Sierran aquatic decades. toad species, the western toad (Bufo ecosystems (Knapp 1996, Jennings 1996, Several studies and observations boreas), black toad (Bufo exsul), and Bradford 1989, 1993). The petitioners made within the first half of the Amargosa toad (Bufo nelsoni) (Blair state that the most significant effect of twentieth century report that Yosemite 1972, Stebbins 1985). The petitioners nonnative fish on Yosemite toads is that toads were abundant throughout their state that Yosemite/western toad they preclude the use of the deeper and range, especially within Yosemite hybridization occurs in the northern more permanent water bodies that National Park (Grinnell and Storer 1924, portion of the Yosemite toad’s range in provide refuge for toads during periods Karlstrom 1962, Mullally 1953, Mullally the Blue Lake region of the Carson- of prolonged drought. The loss of higher and Cunningham 1956, Yosemite Iceberg Wilderness, just southeast of quality, permanent breeding habitats for National Park Office 1999). More recent Carson Pass in Alphine County Yosemite toads disrupts their ability to studies indicated that Yosemite toads (Karlstrom 1973, Stebbins 1966). recolonize peripheral areas after long have suffered significant declines in The petition and accompanying periods of drought, and renders them both abundance and distribution documentation state that the species more susceptible to localized throughout their range. Jennings and qualifies for listing pursuant to the Act extinctions (Knapp 1996, Drost and Hayes (1994) reported that, even though due to potential habitat destruction and Fellers 1994, 1996, Bradford et al. 1993). Yosemite toads occur in areas that are modification, the presence of disease in The petitioners state that disease free from physical disturbance, the combination with natural predation, the likely plays a significant role in the species has declined or disappeared inadequacy of existing regulatory widespread decline of Yosemite toad from 50 percent of known historic sites. mechanisms, and other natural or populations. Two diseases that may Within Yosemite National Park, the human-caused factors affecting its affect Yosemite toads are red-legged heart of the Yosemite toad’s range, there continued existence. The petitioners disease, which is caused by a freshwater are several documented declines in the contend that natural and human- bacteria, and chytrid fungus. Sherman distribution and abundance of Yosemite induced changes to Yosemite toad and Morton (1984, 1993) noted the toad populations. Drost and Fellers habitats, including (1) livestock grazing, mortality of adult Yosemite toads due to (1994, 1996) resurveyed areas within the (2) contaminant introductions, (3) non- red-legged disease at Tioga Pass during park that were originally surveyed in native fish introductions, (4) disease (5) the 1970’s. Chytrid fungus, an aquatic the first quarter of last century by the ultraviolet radiation, (6) climate change, pathogen discovered after 1993, has U.C. Berkeley survey team lead by (7) acid deposition, (8) drought, and (9) caused mortality in many amphibian Grinnell and Storer. By the 1990s, other factors, separately and in species in the United States and Yosemite toads only occupied 50

VerDate 112000 12:17 Oct 11, 2000 Jkt 194001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM pfrm08 PsN: 12OCP1 Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Proposed Rules 60609 percent of these sites. The petitioners Martin (San Jose State University, pers. If you wish to comment, you may note that in a subsequent amphibian comm. 2000), indicating that submit your comments and materials survey within Yosemite National Park, historically, Yosemite toad numbers concerning this finding to the Field Fellers (1997) found 5 locations were estimated to be over 100 Supervisor, Sacramento Fish and occupied by Yosemite toads out of 260 individuals per site at each of these 75 Wildlife Office (see ADDRESSES section). survey sites. The petitioners do not locations. Additional toad declines have Our practice is to make comments, report whether these 260 survey been reported by Martin (1992) at including names and home addresses of locations were historically occupied by Emigrant Meadow and Lunch Meadow respondents, available for public review Yosemite toads. Additionally, several in the Emigrant Wilderness, Stanislaus during regular business hours. other sites that once supported National Forest, and around Sonora Respondents may request that we abundant Yosemite toad populations Pass, where toad populations that had withhold their home address, which we including Tioga Pass, Sylvester once been abundant are now small or will honor to the extent allowable by Meadows, and several nearby sites have undetectable. This trend appears to hold law. There also may be circumstances in shown complete disappearances of for toad populations on the El Dorado which we would withhold a toads in recent years (Karlstrom 1962, and Sequoia National Forests (Stebbins respondent’s identity, as allowable by Sherman and Morton 1993). Sherman 1966). law. If you wish us to withhold your and Morton (1993) further documented We have reviewed the petition and name and/or address, you must state significant declines in toad populations other information available in our files. this request prominently at the at their Tioga Pass Meadow study area. Based upon this review, we believe that beginning of your comment. However, They counted an average of 257 toads substantial evidence exists that listing of we will not consider anonymous annually during the period of 1974– this species as endangered may be comments. To the extent consistent with 1978 at Tioga Pass Meadow. By 1982, warranted. When we make a positive applicable law, we will make all toad populations had declined to 28 finding, we also are required to submissions from organizations or individuals and in 1990, only one promptly commence a review of the businesses, and from individuals female, two males, and 4 to 6 egg status of the species. Based upon identifying themselves as masses. In 1991, these researchers noted available and any newly obtained representatives or officials of only two egg masses and a single calling information, we will issue a 12-month organizations or businesses, available male. Other researchers have finding as required by section 4(b)(3)(B) for public inspection in their entirety. corroborated this decline (Drost and of the Act. Petitioners also requested Comments and materials received will Fellers 1994). Additional population that critical habitat be designated for the be available for public inspection, by declines of Yosemite toads were Yosemite toad; the 12-month finding appointment, during normal business observed at Saddlebag Lake, Frog Lake, will address this issue. hours at the above address. Hoover Lake, and Mildred Lake Public Information Requested (Sherman and Morton 1993). References Cited The trend of populations declines also The Service hereby announces its holds true for sites outside of Yosemite formal review of the species’ status You may request a complete list of all National Park. Bradford and Gordon pursuant to this 90-day petition finding. references we cited, as well as others, (1992) conducted a survey of 235 We request any additional data, from the Sacramento Fish and Wildlife randomly selected sites in potential comments, and suggestions from the Office (see ADDRESSES section). Yosemite toad habitat above 2,625 public, other concerned government Author: The primary author of this meters (8,000 feet) and found only 17 agencies, the scientific community, document is Jason Davis, Sacramento sites occupied. In addition, the industry, or any other interested parties Fish and Wildlife Office (see ADDRESSES petitioners cite a survey conducted by concerning the status of the Yosemite section). David Martin (1990) that found of 75 toad. Of particular interest is historic localities surveyed throughout information regarding: (1) The existence Authority the high Sierra, only 40 were occupied. and status of additional populations, (2) The authority for this action is the During his survey, Martin (1990) found the implementation of any actions that Endangered Species Act of 1973, as no toads at historic locations at are benefitting the species, and (3) the amended (16 U.S.C. 1531 et seq.). elevations below 2,461 meters (7,500 impact of livestock grazing, contaminant feet). Furthermore, Martin (1990) introductions, non-native fish Dated: October 5, 2000. reported that of the 40 sites with toads introductions, disease, ultraviolet Jamie Rappaport Clark, present, he found an average of 5.75 radiation, climate change, drought, and Director, Fish and Wildlife Service. individuals. The petition cites a other factors that may be responsible for [FR Doc. 00–26180 Filed 10–11–00; 8:45 am] personal communication with David the range-wide decline of the species. BILLING CODE 4310±55±P

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