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Federal Register/Vol. 65, No. 198/Thursday, October 12, 2000

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Federal Register/Vol. 65, No. 198/Thursday, October 12, 2000 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 11<MAY>2000 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.
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