54822 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Proposed Rules

Region 8, 1595 Wynkoop Street, Denver, South, Denver, CO 80246, Hours: M–F, DEPARTMENT OF THE INTERIOR Colorado 80202–1129, (303) 312–6633. 8 a.m. to 5 p.m. • Hand delivery: Environmental Fish and Wildlife Service Protection Agency, 1595 Wynkoop FOR FURTHER INFORMATION CONTACT: Street, Denver, Colorado. Such Rebecca Thomas, Project Manager 50 CFR Part 17 deliveries are only accepted during the (8EPR–SR), U.S. EPA Region 8, 1595 Wynkoop Street, Denver, Colorado [Docket No. FWS–R2–ES–2009–0041] Docket’s normal hours of operation, and [MO 92210–0–008] special arrangements should be made 80202–1129, (303) 312–6552, for deliveries of boxed information. [email protected]. Endangered and Threatened Wildlife Instructions: Direct your comments to and Plants; 12-Month Finding on a SUPPLEMENTARY INFORMATION: In the Docket ID no. EPA–HQ–SFUND–1983– Petition To List the Jemez Mountains ‘‘Rules and Regulations’’ Section of 0002. EPA’s policy is that all comments Salamander (Plethodon today’s Federal Register, we are received will be included in the public neomexicanus) as Endangered or docket without change and may be publishing a direct final Notice of Threatened With Critical Habitat made available online at http:// Partial Deletion for each of the 11 www.regulations.gov, including any operable units, with the exception of AGENCY: Fish and Wildlife Service, personal information provided, unless groundwater contamination associated Interior. the comment includes information with Operable Unit 8, of the Denver ACTION: Notice of 12–month petition claimed to be Confidential Business Radium Superfund Site without prior finding. Information (CBI) or other information Notice of Intent for Partial Deletion whose disclosure is restricted by statute. because EPA views this as a SUMMARY: We, the U.S. Fish and Do not submit information that you noncontroversial revision and Wildlife Service (Service), announce a consider to be CBI or otherwise anticipates no adverse comment. We 12–month finding on a petition to list protected through http:// have explained our reasons for this the Jemez Mountains salamander www.regulations.gov or e-mail. The partial deletion in the preamble to the (Plethodon neomexicanus) as an http://www.regulations.gov Web site is endangered or threatened species and to direct final Notice of Partial Deletion, an ‘‘anonymous access’’ system, which designate critical habitat under the and those reasons are incorporated means EPA will not know your identity Endangered Species Act of 1973, as or contact information unless you herein. If we receive no adverse amended (Act). After review of all provide it in the body of your comment. comment(s) on this partial deletion available scientific and commercial If you send an e-mail comment directly action, we will not take further action information, we find that listing the to EPA without going through http:// on this Notice of Intent for Partial Jemez Mountains salamander as www.regulations.gov, your e-mail Deletion. If we receive adverse endangered or threatened throughout its address will be automatically captured comment(s), we will withdraw the range is warranted. Currently, however, and included as part of the comment direct final Notice of Partial Deletion, listing the Jemez Mountains salamander that is placed in the public docket and and it will not take effect. We will, as is precluded by higher priority actions made available on the Internet. If you appropriate, address all public to amend the Lists of Endangered and submit an electronic comment, EPA comments in a subsequent final Notice Threatened Wildlife and Plants. Upon recommends that you include your of Partial Deletion based on this Notice publication of this 12–month petition name and other contact information in of Intent for Partial Deletion. We will finding, we will add the Jemez the body of your comment and with any not institute a second comment period Mountains salamander to our candidate disk or CD–ROM you submit. If EPA on this Notice of Intent for Partial species list. We will develop a proposed cannot read your comment due to Deletion. Any parties interested in rule to list the Jemez Mountains technical difficulties and cannot contact commenting must do so at this time. salamander as our priorities allow. We you for clarification, EPA may not be will make any determination on critical For additional information, see the able to consider your comment. habitat during development of the direct final Notice of Partial Deletion Electronic files should avoid the use of proposed rule. In the interim period, we special characters, any form of which is located in the Rules section of will address the status of the candidate encryption, and be free of any defects or this Federal Register. taxon through our annual Candidate viruses. List of Subjects in 40 CFR Part 300 Notice of Review (CNOR). Docket: All documents in the docket DATES: The finding announced in this are listed in the http:// Environmental protection, Air document was made on September 9, www.regulations.gov index. Although pollution control, Chemicals, Hazardous 2010. listed in the index, some information is waste, Hazardous substances, ADDRESSES: not publicly available, e.g., CBI or other Intergovernmental relations, Penalties, This finding is available on the Internet at http:// information whose disclosure is Reporting and recordkeeping restricted by statute. Certain other www.regulations.gov at Docket Number requirements, Superfund, Water material, such as copyrighted material, FWS-R2-ES-2009-0041. Supporting pollution control, Water supply. will be publicly available only in the documentation we used in preparing hard copy. Publicly available docket Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. this finding is available for public materials are available either 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, inspection, by appointment, during electronically in http:// 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; normal business hours by contacting the www.regulations.gov or in hard copy at: 3 CFR, 1987 Comp., p. 193. U.S. Fish and Wildlife Service, New U.S. Environmental Protection Agency Dated: August 31, 2010. Mexico Ecological Services Office, 2105 Region 8 Records Center, 1595 James B. Martin, Osuna NE, Albuquerque, NM 87113. Wynkoop Street, Denver, CO 80202, Please submit any new information, Hours: M–F, 8 a.m. to 4 p.m., Colorado Regional Administrator, Region 8. materials, comments, or questions Department of Public Health and the [FR Doc. 2010–22488 Filed 9–8–10; 8:45 am] concerning this finding to the above Environment, 4300 Cherry Creek Drive BILLING CODE 6560–50–P address.

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FOR FURTHER INFORMATION CONTACT: as a Category 1 species with a superseded the Memorandum of Wally Murphy, Field Supervisor, New ‘‘declining’’ status (56 FR 58814). Agreement. The stated purpose of the Mexico Ecological Services Office (see Category 1 status included those species Conservation Agreement and the ADDRESSES); by telephone at 505-346- for which the Service had on file Cooperative Management Plan was to 2525; or by facsimile at 505-346-2542. If substantial information regarding the provide for the long-term conservation you use a telecommunications device species’ biological vulnerability and of salamanders by reducing or removing for the deaf (TDD), please call the threat(s) to support proposals to list threats to the species and by proactively Federal Information Relay Service them as endangered or threatened managing their habitat (NMEST 2000 (FIRS) at 800–877–8339. species. The ‘‘declining’’ status indicated Conservation Agreement, p. 1). In a SUPPLEMENTARY INFORMATION: decreasing numbers, increasing threats, Decision Notice and Finding of No or both. Significant Impact for the Forest Plan Background On May 30, 1991, the Service, the Amendment for Managing Special Section 4(b)(3)(B) of the Act (16 U.S. Forest Service (USFS), and the New Status Species Habitat, signed on U.S.C. 1531 et seq.), requires that, for Mexico Department of Game and Fish December 8, 2004, the Cooperative any petition to revise the Federal Lists (NMDGF) signed a Memorandum of Management Plan was incorporated into of Threatened and Endangered Wildlife Agreement outlining actions to be taken the Santa Fe National Forest Plan. and Plants that contains substantial to protect the salamander and its habitat On October 15, 2008, we received a scientific or commercial information on the Santa Fe National Forest lands, petition dated October 9, 2008, from indicating that listing the species may including the formation of a team of WildEarth Guardians requesting that we be warranted, we make a finding within agency biologists to immediately list the Jemez Mountains salamander 12 months of the date of receipt of the implement the Memorandum of (Plethodon neomexicanus) (salamander) petition. In this finding we determine Agreement and to develop a as endangered or threatened under the that the petitioned action is: (a) Not management plan for the species. The Act, and designate critical habitat. On warranted, (b) warranted, or (c) management plan was to be August 11, 2009, we published a 90–day warranted, but immediate proposal of a incorporated into the Santa Fe National finding that the petition presented Forest Plan. On April 3, 1992, we regulation implementing the petitioned substantial information that listing the published a 12–month finding that action is precluded by other pending salamander may be warranted and that listing the salamander was not proposals to determine whether species initiated a status review of the species are endangered or threatened, and warranted because of the conservation (74 FR 40132). On December 30, 2009, expeditious progress is being made to measures and commitments within the WildEarth Guardians filed suit against add or remove qualified species from Memorandum of Agreement (57 FR the Service for failure to issue a 12– the Lists of Endangered and Threatened 11459). In the November 15, 1994, month finding on the petition Wildlife and Plants. Section 4(b)(3)(C) of CNOR, we included the salamander as (WildEarth Guardians v. Salazar, No. the Act requires that we treat a petition a Category 2 species, with a trend status 09-1212 (D.N.M.)). Under a stipulated for which the requested action is found of ‘‘improving’’ (59 FR 58982). A status settlement agreement, the 12–month to be warranted but precluded as though of ‘‘improving’’ indicated those species finding is due to the Federal Register by resubmitted on the date of such finding, known to be increasing in numbers or September 8, 2010. This notice that is, requiring a subsequent finding to whose threats to their continued be made within 12 months. We must existence were lessening in the wild. constitutes our 12–month finding for the publish these 12–month findings in the In the CNOR published on February petition to list the Jemez Mountains Federal Register. 28, 1996, we announced a revised list of salamander as endangered or animal and plant taxa that were threatened. Previous Federal Actions regarded as candidates for possible Species Information We initially considered the Jemez addition to the List of Endangered and Mountains salamander (Plethodon Threatened Wildlife and Plants (61 FR The salamander is uniformly dark neomexicanus) for listing under the Act 7596). The revised candidate list brown above, with occasional fine gold in the early 1980s (General Accounting included only former Category 1 to brassy coloring with stippling Office 1993, p. 30). In December 1982, species. All former Category 2 species dorsally (on the back and sides) and is we published a notice of review were dropped from the list in order to sooty gray ventrally (underside). The classifying the salamander as a Category reduce confusion about the conservation salamander is slender and elongate, and 2 species (47 FR 58454, December 30, status of those species, and to clarify it possesses foot webbing and a reduced 1982). Category 2 status included those that the Service no longer regarded them fifth toe. This salamander is strictly taxa for which information in the as candidates for listing. Because the terrestrial and is a member of the family Service’s possession indicated that a salamander was a Category 2 species, it Plethodontidae. The salamander does proposed listing rule was possibly was no longer recognized as a candidate not use standing surface water for any appropriate, but for which sufficient species as of the February 28, 1996, life stage. Respiration occurs through data on biological vulnerability and CNOR. the skin, which requires a moist threats were not available to support a In January 2000, the New Mexico microclimate for gas exchange. Endemic Salamander Team (NMEST), a proposed rule. Taxonomy and Species Description On February 21, 1990, we received a group of interagency biologists petition to list the salamander as representing NMDGF, the Service, the The salamander was originally threatened. Subsequently, we published U.S. Geological Survey, and the Santa reported as Spelerpes multiplicatus a positive 90–day finding, indicating Fe National Forest, finalized a (=Eurycea multiplicata) in 1913 that the petition contained sufficient Cooperative Management Plan for the (Degenhardt et al. 1996, p. 27); however, information to suggest that listing may salamander on lands administered by it was described and recognized as a be warranted (55 FR 38342; September the Santa Fe National Forest new and distinct species (Plethodon 18, 1990). In the Candidate Notice of (Cooperative Management Plan), and the neomexicanus) in 1950 (Stebbins and Review (CNOR) published on November agencies signed an updated Riemer, pp. 73-80). No subspecies are 21, 1991, we announced the salamander Conservation Agreement that recognized.

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It is a member of the Plethodontidae generally follow breaks in topography. surface water for any life stage. family. Two species of plethodontid For example, there are areas (e.g., Respiration occurs through the skin, salamanders are endemic (native and VCNP) where few surveys have been which requires a moist microclimate for restricted to a particular region) to New conducted and occupancy may not be gas exchange. The salamander spends Mexico: the Jemez Mountains uniform. Because the salamander has much of its life underground; it can be salamander and the Sacramento been found to occupy a wide variety of found at the surface from July through Mountains salamander (Aneides hardii). sites, we do not know the extent of September, when relative Unlike all other North American geographic or genetic connectivity environmental conditions are warm and plethodontid salamanders, these two between localities. The VCNP is located wet. When active at the surface, the species are geographically isolated from west of Los Alamos, New Mexico, and species is usually found under decaying all other species of Plethodon and is owned by the U.S. Department of logs, rocks, bark, moss mats, or inside Aneides. Agriculture (part of the National Forest decomposing stumps. The salamander’s System), but run by a nine-member underground habitat appears to be deep, Distribution Board of Trustees: the Supervisor of fractured, sub-surface rock in areas with The distribution of plethodontid Bandelier National Monument, the high soil moisture (NMEST 2000, p. 2) salamanders in North America has been Supervisor of the Santa Fe National where the geologic and moisture highly influenced by past changes in Forest, and seven other members with constraints likely limit the distribution climate and associated Pleistocene distinct areas of experience or activity of the species. Soil pH (acidity) may glacial cycles. In the Jemez Mountains, appointed by the President of the limit distribution as well. It is unknown the lack of glacial landforms indicates United States (Valles Caldera Trust whether the species forages or carries on that alpine glaciers did not develop 2005, pp. 1-11). Prior to Federal any other activity below ground, here, but the abundance of evidence ownership in 2000, the VCNP was although it is presumed that eggs are from exposed rock surfaces that have privately held. laid and hatch beneath the surface. been quickly broken up by frost action The surface microhabitat temperature may reflect near-glacial conditions Habitat for 577 Jemez Mountains salamanders during the Wisconsin Glacial Episode The terrestrial salamander ranged from 6.0 to 17.0 degrees Celsius (Allen 1989, p. 11). Conservatively, the predominantly inhabits mixed conifer (°C) (43 to 63 degrees Fahrenheit (°F)), salamander has likely occupied the forest, consisting primarily of Douglas with a mean of 12.7 °C (54.9 °F) Jemez Mountains for at least 10,000 fir (Pseudotsuga menziesii), blue spruce (Williams 1972, p. 18). Significantly years, but this could be as long as 1.2 (Picea pungens), Engelman spruce (P. more salamanders were observed under million years, colonizing the area engelmannii), white fir (Abies concolor), logs where temperatures are closest to subsequent to volcanic eruption. limber pine (Pinus flexilis), Ponderosa the mean temperature (12.5 °C (54.5 °F)) The salamander is restricted to the pine (P. ponderosa), Rocky Mountain than inside logs where temperatures Jemez Mountains in northern New maple (Acer glabrum), and aspen deviated the most from the mean Mexico, in Los Alamos, Rio Arriba, and (Populus tremuloides) (Degenhardt et al. temperature (13.3 °C (55.9 °F)) Sandoval Counties, around the rim of 1996, p. 28; Reagan 1967, p. 17). The (Williams 1972, p. 19). Changes to the collapsed caldera (large volcanic species can also be found in stands of microhabitat temperatures are discussed crater), with some occurrences on pure Ponderosa pine and in spruce-fir under Factors A and E, below. topographic features (e.g., resurgent and aspen stands, but these forest types Sexual maturity is attained at 3 to 4 domes) on the interior of the caldera. have not been adequately surveyed. years in females and 3 years in males The majority of salamander habitat is Predominant understory includes Rocky (Williams 1976, pp. 31, 35). located on federally managed lands Mountain maple (Acer glabrum), New Reproduction in the wild has not been including USFS, Valles Caldera Mexico locust (Robinia neomexicana), observed; however, based on observed National Preserve (VCNP), National Park oceanspray (Holodiscus sp.), and physiological changes, reproduction is Service (Bandelier National Monument), various shrubby oaks (Quercus spp.) believed to occur above ground between and Los Alamos National Laboratory, (Degenhardt et al. 1996, p. 28; Reagan mid-July and mid-August (Williams with some habitat located on tribal land 1967, p. 17). Salamanders are generally 1976, pp. 31-36). Based on examination and private lands (NMEST 2000, p. 1). found in association with decaying of 57 female salamanders in the wild The species predominantly occurs at an coniferous logs, and in areas with and one clutch of eggs laid in a elevation between 2,200 and 2,900 abundant white fir, Ponderosa pine, and laboratory setting, Williams (1978, p. meters (m) (7,200 and 9,500 feet (ft)) Douglas fir as the predominant tree 475) concluded that females likely lay 7 (Degenhardt et al. 1996, p. 28), but has species (Ramotnik 1988, p. 17; Reagan or 8 eggs every other year or every third been found as low as 2,133 m (6,998 ft) 1967, pp. 16-17). Salamanders use year. Eggs are thought to be laid (Ramotnik 1988, p. 78) and as high as decaying coniferous logs considerably underground the spring after mating 3,350 m (10,990 ft) (Ramotnik 1988, p. more often than deciduous, likely due to occurs (Williams 1978, p. 475). Fully- 84). the physical features (e.g., blocky formed salamanders hatch from the We divided known salamander chunks with cracks and spaces) that eggs. The lifespan of the salamander in distributional data into 5 units (Unit 1- form as coniferous logs decay (Ramotnik the wild is unknown; however, based on Western; Unit 2-Northern; Unit 3-East- 1988, p. 53). Still, the species may be reproductive information that indicates South-Eastern; Unit 4-Southern; and found beneath some deciduous logs and the species is not sexually mature until Unit 5-Central) to provide clarity in excessively decayed coniferous logs, age 3 or 4 years and that it only lays eggs describing and analyzing the potential because these can provide surface every 2 or 3 years, and considering the threats that may differ across the habitat and cover (Ramotnik 1988, p. estimated lifespan of other terrestrial species’ range. We developed these 53). plethodontid salamanders, we estimate units based on the best information that the species likely lives more than available to us, but some of the unit Biology 10 years. boundaries are based on incomplete The salamander is strictly terrestrial Salamander prey from above ground occupancy information. These units and does not possess lungs. The foraging is diverse in size and type, with reflect where surveys have occurred and salamander does not use standing ants, mites, and beetles being most

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important in the salamander’s diet difficult because of the natural variation Summary of Information Pertaining to (Cummer 2005, p. 43). Cummer (2005, associated with surface activity (Hyde the Five Factors pp. 45-50) found that specialization on and Simons 2001, p. 624), which Section 4 of the Act (U.S.C. 1533 et invertebrate species was unlikely, but ultimately affects the probability of seq.) and implementing regulations (50 there was likely a preferential selection detecting a salamander. The probability CFR 424) set forth the procedures for of prey. of detection varies over space and time adding species to the Federal Lists of Overview of Survey Data and is highly dependent upon the Endangered and Threatened Wildlife environmental and biological Standardized survey protocols have and Plants. Under section 4(a)(1) of the parameters that drive surface activity Act, a species may be determined to be been used for the salamander since 1987 (Hyde and Simons 2001, p. 624). Given (NMDGF 2000, p. 2), but the number endangered or threatened based on any the known bias of detection and location of surveys have been of the following five factors: probabilities and the inconsistent variable and opportunistic. Survey (A) The present or threatened survey effort across years, population methods involve searching under destruction, modification, or potential cover objects (e.g., logs, rocks, size estimates using existing data cannot curtailment of its habitat or range; bark, moss mats) and inside be made accurately. (B) Overutilization for commercial, decomposing coniferous logs when Despite our inability to assess the recreational, scientific, or educational environmental conditions are likely best rangewide population of the salamander purposes; for detecting surface-active salamanders, in a comprehensive manner, the survey (C) Disease or predation; generally May through September, when data are useful to understand that (D) The inadequacy of existing summer monsoon rains occur. persistence of the salamander in regulatory mechanisms; or Unfortunately, methods for determining localities may vary across the range of (E) Other natural or manmade factors locations to survey salamanders over the the species. For example, some affecting its continued existence. past 20 years have not been systematic, localities where the salamander was In considering what factors might constitute threats to the species, we and though we have conducted a once considered abundant or common must look beyond the exposure of the comprehensive review, the data have (e.g., many parts of Unit 2, the Type species to a factor to evaluate whether not been consistently available to allow Locality or the location where the the species may respond to the factor in comparison of the status of the salamander was originally found (Unit a way that causes actual impacts to the salamander over its entire range. 4), and VCNP-Old Beaver Pond (Unit species. If there is exposure to a factor Three survey protocols have been in 5)), either the salamander no longer and the species responds negatively, the use since 1987 (NMEST 2000b, pp. 27- persists, or it persists at very low factor may be a threat and, during the 29). Protocol A (presence or absence) numbers. Alternatively, there are also subsequent status review, we attempt to has been used when attempting to three localities (Redondo Border, VCNP determine whether an area is occupied determine how significant a threat it is. (Unit 5), and North East Slope VCNP The threat is significant if it drives, or (NMEST 2000b, p. 27). Following this (northern part of Unit 3)) where the ‘‘ contributes to, the risk of extinction of protocol, surveys cease after 2 person- salamander continues to be relatively hours’’ of effort (e.g., one person the species such that the species may abundant compared to most currently warrant listing as endangered or searching for 2 hours or two people occupied sites. However, the numbers searching for 1 hour) or when the first threatened as those terms are defined in in these relatively abundant areas are far salamander is observed, whichever the Act. However, the identification of less than historic reports for the type comes first. Because the salamander factors that could impact a species locality, where 659 individuals were utilizes underground habitat and an negatively may not be sufficient to captured in a single year (1970), 394 of unknown number of individuals may be compel a finding that the information in them in a single month (Williams 1976, active at the surface, repeated surveys the petition and our files is substantial. p. 26). We know of no location where may be necessary to determine The information must include evidence salamander abundance is similar to that occupancy of a locality (NMEST 2000b, sufficient to suggest that these factors observed in 1970. Overall, a few p. 27). may be operative threats that act on the Protocol B (population levels and localized areas appear to be stable; species to the point that the species may trends) has been used for comparing however, there appears to be a meet the definition of endangered or plots, monitoring trends through time, decreasing trend within areas (decrease threatened under the Act. or evaluating how salamander localities in numbers of salamanders observed In making this finding, information fluctuate in response to environmental during surveys) and a possible pertaining to the salamander in relation variables (NMEST 2000b, p. 28). For this rangewide declining trend (an increase to the five factors provided in section protocol, a survey is conducted for 2 in the number of areas where 4(a)(1) of the Act is discussed below. person-hours, with all salamanders salamanders were once present and have not been observed in recent Factor A. Present or Threatened tallied. Destruction, Modification, or Protocol C (detailed environmental surveys). The apparent declining trend Curtailment of the Species’ Habitat or data) collects microhabitat data to is evident in Units 1 and 3, where we Range characterize potential salamander have the best survey information. habitat (NMEST 2000b, p. 28). This Because it appears that the species is Under Factor A, we considered protocol involves collecting data on relatively long-lived, has relatively low whether the Jemez Mountains important habitat features within a 50 m reproductive output, has limited salamander is threatened by the (160 ft) by 2 m (6.6 ft) transect, in dispersal ability, and a small home following: fire exclusion and severe addition to surveying for salamanders range, it is likely that the apparent wildland fires; forest composition and under cover objects. decreasing and declining trends both structure conversions; post-fire The rangewide population size of the within localized areas and across the rehabilitation; forest and fire salamander is also unknown. landscape represent actual declines in management (fire use, fire suppression, Monitoring the absolute abundance of salamanders over the past 20 to 30 mechanical treatment of hazardous plethodontid salamanders is inherently years. fuels, and forest silvicultural practices

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(timber harvest, salvage logging, forest historically low- to moderate-severity conditions are common in much of the thinning, and forest restoration fire regimes with small, patchy fires to western part of the United States projects)); dams and mining; private high-severity, large-scale, stand- turning areas into a ‘‘virtual tinderbox’’ (residential) development; geothermal replacing fires that have the potential to (General Accounting Office 2000, p. 15). development; roads, trails, and habitat significantly destroy or degrade The threat of severe wildland fires to fragmentation; recreation; and livestock salamander habitat (USFS 2009a, pp. 8- salamander habitat remains high due to grazing. 9). The disruption of the natural cycle the tons of dead and down fuel, of fire and subsequent accumulation of overcrowded tree conditions leading to Fire Exclusion and Severe Wildland continuous fuels within the coniferous poor forest health, and dense thickets of Fires forests on south and north-facing slopes small-diameter trees. There is a 36 Fire exclusion and wildfire threaten has increased the chances of a severe percent probability of having at least the salamander. In the Jemez wildfire affecting large areas of one large fire of 4,000 ac (over 1,600 ha) Mountains, the results of over 100 years salamander habitat within the Jemez every year for the next 20 years in the of fire suppression and fire exclusion Mountains (e.g., see USFS 2009a, southwest Jemez Mountains (USFS (along with cattle grazing and other 2009b). 2009a, p. 19). Moreover, the probability stressors) have altered forest Prescribed fire at VCNP has been of exceeding this estimated threshold of composition and structure and limited, with only one burn in 2004 that 4,000 ac (1,600 ha) burned in the same increased the threat of wildfire in was described as creating a positive time period is 65 percent (USFS 2009a, Ponderosa pine and mixed conifer vegetation response (ENTRIX 2009, p. p. 19). As an example of the severe fire forests in semi-arid western interior 97). A prescribed fire plan is expected risk, the Thompson Ridge-San Antonio forests (Belsky and Blumenthal 1997, p. to be developed (ENTRIX 2009, p. 97), area, in Unit 1, has extensive ladder 318). Fire has been an important process as there is concern for severe wildland fuels and surface fuels estimated at over in the Jemez Mountains for at least fires to occur (Parmenter 2009, cited in 20 tons per acre, and the understory in several thousand years (Allen 1989, p. Service 2010). The planned Scooter areas contains over 800 dense sapling 69), indicating the salamander evolved Peak prescribed burn between the VCNP trees per acre within the mixed conifer with fire. Frequent, low-intensity, and Bandelier National Monument is a and Ponderosa pine stands (USFS surface fires and patchy, small scale, fuel reduction project in occupied 2009a, pp. 24-25). The canyon high-intensity fires in the Jemez salamander habitat, but is small in scale topography aligns with south winds and Mountains historically maintained (approximately 960 acres (ac) (390 steep slopes, making this area more salamander habitat. These fires spread hectares (ha)) (ENTRIX 2009, p. 2). susceptible to crown fire (USFS 2009a, widely through the grassy understory Although future thinning of secondary pp. 24-25). fuels, or erupted on very small scales. growth may somewhat lessen the risk of Increases in soil and microhabitat The natural fire intervals prior to the severe wildland fires in areas, these temperatures, which generally increase 1900s ranged from 5 to 25 years across efforts are not likely at a sufficient with increasing burn severity, can have the Jemez Mountains (Allen 2001, p. 4). geographic scale to lessen the overall profound effects on salamander Dry mixed conifer forests burned on threat to the salamander. behavior and physiology, and thus their average every 12 years, whereas wet The frequency of large-scale, high- ability to persist subsequent to severe mixed conifer forests averaged every 20 severity, stand-replacing wildland fires wildland fires. Following the Cerro years. Historically, patchy surface fires has increased in the latter part of the Grande Fire, soil temperatures were within mixed conifer forests would have 20th century in the Jemez Mountains. recorded under potential salamander thinned stands and created natural fuel This increase is due to landscape-wide cover objects in areas occupied by the breaks that would limit the extent of buildup of woody fuels associated with salamander (Cummer and Painter 2007, fires. Still, in very dry years, there is removal of grassy fuels from extreme pp. 26-37). Soil temperatures in areas of evidence of fires occurring across entire year-round livestock overgrazing in the high severity burn exceeded the watersheds, but they did not burn with late 1800s, and subsequent fire salamander’s thermal tolerance, which high severity over entire mountain sides suppression (Allen 1989, pp. 94-97; would have resulted in the death of any (Jemez Mountains Adaptive Planning 2001, pp. 5-6). The majority of wildfires salamanders present (Spotila 1972, p. Workshop Session II Final Notes 2010, over the past 20 years has exhibited 97; Cummer and Painter 2007, pp. 28- p. 7). Aspen stands are evidence of crown fire behavior and burned in the 31). Even in moderate and high-severity historic patchy crown fires that direction of the prevailing south or burned areas where fires did not result represent the relatively small-scale, southwest winds (USFS 2009a, p. 17). in the death of salamanders, the stand-replacing fires that have The first severe wildland fire in the microhabitat conditions, such as those historically occurred in the Jemez Jemez Mountains was the La Mesa Fire occurring during the Cerro Grande Mountains, which are also associated in 1977, burning 15,400 ac (6,250 ha). Wildfire, would limit the timing and with significantly dry years (Margolis et Subsequent fires included the Buchanon duration that the salamanders could be al. 2007, p. 2236). Fire in 1993 (11,543 ac (4,671 ha)), the surface active (feeding and mating). These historic fire patterns were Dome Fire in 1996 (16,516 ac (6,684 Moreover, elevated temperatures lead to interrupted in the late 1800s through the ha)), the Oso Fire in 1997 (6,508 ac increases in oxygen consumption, heart elimination of fine fuels as a result of (2,634 ha)), the Cerro Grande Fire in rate, and metabolic rate, resulting in livestock overgrazing and managed fire 2000 (42,970 ac (17,390 ha)), and the decreased body water and body mass suppression. This interruption and Lakes Fire Complex (Lakes and BMG (Whitford 1968, pp. 247-251). exclusion of fire promoted the Fires) in 2002 (4,026 ac (1,629 ha)) Physiological stress from elevated development of high forest stand (Cummer 2005, pp. 3-4). Over the past temperatures may also increase densities with heavy accumulations of 15 years, severe wildland fires have susceptibility to disease and parasites. dead and downed fuel, and growth of burned about 36 percent of modeled or Effects from temperature increases are ladder fuels (the dense mid-story trees known salamander habitat on USFS discussed in greater detail under Factor that favor development of crown fires) lands (USFS 2009, p. 1). Following the E. (Allen 2001, pp. 5-6). In fact, fire Cerro Grande Fire, the General Severe wildland fires typically exclusion in this area converted Accounting Office reported that these increase soil pH, which could affect the

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salamander. In one study of the Jemez Ponderosa pine, with precommercial lead to increased drying of the soil. Mountains salamander, soil pH was the thinning (removing trees less than 9 Limited water leads to drought-stressed single best indicator of relative inches (in) (23 centimeters (cm)) in trees, and increases their susceptibility abundance of salamanders at a site diameter at breast height (dbh)) to burning, insects, and disease. This is (Ramotnik 1988, pp. 24-25). Sites with occurring on only 6,000 ac (2,400 ha) especially true on south-facing slopes, salamanders had a pH of 6.6 (± 0.08) since 1986 (USFS 2009f, p. 18). Many of where less moisture is available or and sites without salamanders had a pH the forest stands remain densely during times of earlier snowmelt. of 6.2 (± 0.06). In another species of a stocked, creating multi-tiered fuels that Furthermore, reduced soil moisture may terrestrial plethodontid salamander, the add to crown fire risk. As such, the disrupt surface activities of salamanders red-backed salamander (Plethodon limited scale of these thinning and (e.g., foraging) or alter prey availability. cinereus), soil pH influences and limits burning activities has not reduced the The degree of these impacts is currently its distribution and occurrence as well overall risk of severe crown fire in the unknown; however, alteration of forest as its oxygen consumption rates and area (e.g., see USFS 2009, 2009a, 2009b). composition and structure contribute to growth rates (Wyman and Hawksley- The existing risk of wildfire on the increased risk of forest die-offs from Lescault 1987, p. 1823). Similarly, VCNP and surrounding areas is disease and insects throughout the range Frisbie and Wyman (1991, p. 1050) uncharacteristically high and is a of the salamander (USFS 2002, pp. 11- found the disruption of sodium balance significant departure from historic 13; 2009d, p. 1; 2009a, pp. 8-9; 2010, pp. by acidic conditions in three species of conditions over 100 years ago (VCNP 1-11; Allen 2001, p. 6). We find that the terrestrial salamanders. A low pH 2010, p. 3.1; Allen 1989, pp. ii-346; interrelated contributions from changes substrate can also reduce body sodium, 2001, pp. 1-10). Therefore, it is highly in vegetation to large-scale, high- body water levels, and body mass probable that the overall risk of severe severity wildfire and forest die-offs are (Frisbie and Wyman 1991, p. 1050). wildland fire will not be significantly of a significant magnitude across the Changes in soil pH following wildfire reduced or eliminated on USFS lands, range of the species (e.g., see ‘‘Fire likely impact the salamander either by National Park Service lands, the VCNP, Exclusion and Severe Wildland Fires’’ making the habitat less suitable or or surrounding lands in the foreseeable section, above), and in addition to through physiological stress. future. continued predicted future changes to Several regulatory attempts have been Since 1977, these severe wildland forested habitat within the range of the made to address and correct the altered fires have significantly degraded species, threaten the salamander. ecological balance of New Mexico’s important features of salamander habitat Preliminary data collected from the forests resulting from a century of fire including removal of tree canopy and VCNP indicates that an increase in the suppression, logging, and livestock shading, increases of soil temperature, amount of tree canopy cover in an area grazing. Congress enacted the decreases of soil moisture, increased influences the amount of snow that is Community Forest Restoration Act to pH, loss or reduction of soil organic able to reach the ground, and can promote healthy watersheds and reduce matter, reduced porosity, and short-term decrease the amount of soil moisture the threat of large, high-intensity creation of water-repelling soils. These and infiltration (Enquist et al. 2009, p. wildfires; insect infestation; and disease and other effects limit the amount of 8). On the VCNP, 95 percent of in the forests in New Mexico (H.R. 2389, available surface habitat and the timing coniferous forests have thick canopy Public Law 106-393). The subsequent and duration when salamanders can be cover with heavy understory fuels Omnibus Public Land Management Act, surface active, which negatively impacts (VCNP 2010, pp. 3.3-3.4; USFS 2009a, p. also called the ‘‘Forest Landscape salamander behavior (e.g., foraging and 9). In these areas, snow accumulates in Restoration Act’’ (Title, IV, Public Law mating). For these reasons, severe the tree canopy over winter, and in the III-II, 2009), established a national wildland fires have led to a reduction in spring can quickly evaporate without program that encourages ecological, the quality and quantity of the available reaching or infiltrating the soil. For this economic, and social sustainability and salamander habitat rangewide. For this reason, recent increases in canopy utilization of forest restoration reason, the USFS believes, and we cover, resulting from fire exclusion and byproducts to benefit local rural concur, that habitat loss from extensive, suppression, could be having significant economies and improve forest health. stand-replacing wildland fire threatens drying effects on salamander habitat and As a result, the Santa Fe National Forest the salamander (USFS 2009c, p. 1). threaten the salamander now and in the is preparing the Southwest Jemez These effects will likely continue into foreseeable future. Mountains Landscape Assessment that, the foreseeable future because we do not Post-fire Rehabilitation if funded, may reduce the threat of anticipate large-scale changes to funding severe wildland fire in Units 1 and 4 of or initiation of projects that would Post-fire management practices are the salamander’s range over the next 10 significantly alleviate the currently high often needed to restore forest dynamics years (USFS 2009, p. 2). However, risk of wildfire. Therefore, we believe (Beschta et al. 2004, p. 957). In 1971, funding of this project is not certain, nor that fire exclusion and suppression has USFS was given formal authority by is it likely to address the short-term risk substantially affected the salamander Congress for Burn Area Emergency of severe wildland fire; thus, the and this trend is expected to continue. Rehabilitation (BAER) (Robichaud et al. efficacy of this program is unsure. 2000, p. 1) and integrated the evaluation We are not aware of any recently Forest Composition and Structure of fire severity, funding request completed or currently funded large- Conversions procedures, and treatment options. scale projects to address the risk of Changes in forest composition and Treatment options implemented by severe wildland fire on the Jemez structure threaten the salamander by USFS and BAER teams include hillslope Ranger District of the Santa Fe National directly altering soil moisture, soil treatments (grass seeding, contour-felled Forest. Thinning and burning activities temperature, soil pH, relative humidity, logs, mulch, and other methods to in the Southwest Jemez Restoration and air temperature. With an increase of reduce surface runoff and keep post-fire Assessment area have ranged from 12 ac small-diameter trees on the Jemez soil in place, such as tilling, temporary (5 ha) to about 7,100 ac (2,900 ha) since Mountains, there is an increase in fencing, erosion control fabric, straw 1989 (USFS 2009f, pp. 16-18). Still, demand for water required for wattles, lopping, and scattering of slash) most of these activities have focused on evapotranspiration, which in turn can and channel treatments (straw bale

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check dams, log check dams, rock dams, salamander localities from both past and salamander would be by altering the and rock cage dams (gabions)) future treatments. time of year when fire is present on the (Robichaud et al. 2000, pp. 11-21). In summary, some post-fire treatments landscape. Rehabilitation actions following the could benefit the salamander, such as Other impacts to the salamander from Cerro Grande fire in salamander habitat some contour felling of logs. Additional fire use can include digging fire lines, included heavy equipment and measures, such as cutting and scattering targeting the reduction of large bulldozer operation, felling trees for rounds, can also benefit the salamander. decomposing logs, and chemical use safety reasons, mulching with straw and However, other post-fire treatments (such as flares and fire retardant) in placement of straw bales, cutting and negatively impact the salamander. salamander habitat. Some impacts to the trenching trees (contour felling and Small-scale impacts could occur from salamander can be avoided through securing on slope), hand and aerial removing rocks from habitat to build seasonal timing of prescribed burns and seeding, and aerial hydromulch (wet rock dams, and large-scale impacts modifying objectives (e.g., leaving large mulch with fertilizer and seed) (USFS include grass seeding and associated diameter logs, greater canopy cover) and chemicals. We conclude that while the techniques (e.g., not using flares or 2001, p. 1). Some contour felling is effects of high-severity, stand-replacing chemicals) of the prescribed fire in likely beneficial for the salamander wildfire, also referred to as severe salamander habitat (Cummer 2005, pp. post-fire because it can slow erosion wildland fires, are the most significant 2-7). As part of the Southwest Jemez and, in cases where surface rocks are threat to the salamander, actions taken Restoration Project proposal, the Santa not present or present in low numbers, subsequent to the wildfires could Fe National Forest has set specific goals the logs can also provide immediate determine whether the salamander will pertaining to the salamander including cover. Following the Cerro Grande Fire, persist in or return to those areas. We reduction of the risk of high-intensity the BAER Team recommended felling therefore find that post-fire wildfire in salamander habitat and large-diameter Douglas fir logs and rehabilitation treatments are currently a retention of a moisture regime that will cutting four disks off each log (rounds) threat to the salamander, and are sustain high-quality salamander habitat to provide immediate cover for expected to continue in the future. (USFS 2009a, p. 11). The Santa Fe salamanders before summer rains National Forest intends to minimize Fire Use (Interagency BAER Team 2000, p. 87; impacts to the salamander and to work USFS 2001, p. 1). It remains unknown Fire use includes the combination of towards its recovery (USFS 2009, p. 4), if these measures are effective, but they wildland fire use (the management of but specific actions or recommendations probably benefit the salamander in the naturally ignited wildland fires to to accomplish this goal have not yet short term. Alternatively, some post-fire accomplish specific resource been determined. If the salamander is treatments (e.g., grass seeding, tilling, management objectives) and prescribed not considered, fire use could make its erosion control fabrics, and removal of fire (any fire ignited by management habitat less suitable (warmer; drier; surface rocks to build rock dams) likely actions to meet specific objectives) fewer large, decomposing logs) and kill negatively impact the salamander. The applications to meet natural resource or injure salamanders that are surface most common BAER treatment is grass objectives (USFS 2010b, p. 1). Fire use active. Alternatively, the species may seeding dropped from aircraft can benefit the salamander in the long benefit if seasonal restrictions and (Robichaud et al. 2000, p. 11). This term by reducing the risk of severe maintaining key habitat features (e.g., treatment is inexpensive, rapidly wildland fires and by returning the large logs and sufficient canopy cover to increases water infiltration, and natural fire cycle to the ecosystem. maintain moist microhabitats) are part stabilizes soil (Robichaud et al. 2000, p. Alternatively, other practices such as of managing the fire. Given the current broadcast burning (i.e., conducting 11). Nonnative grasses are typically condition of forest composition and prescribed fires over large areas) seeded because they are fast-growing structure, the risks of severe wildland consume ground litter that helps to and have extensive fibrous roots fire on a large geographic scale will take create moist conditions and stabilize (Robichaud et al. 2000, p. 11). a long-term planning strategy. Fire use soil and rocky slopes. Depending on is critical to the long-term protection of Nevertheless, these nonnative grasses time of year, fire use can also impact the have created thick mats that are the salamander’s habitat, although some salamander if the species is active on practices are not beneficial to the impenetrable to the salamander because the surface, which is typically from July species and may threaten the the species has short legs and cannot dig to September. Conditions for salamander. tunnels. The existing spaces in the soil salamander surface activity (wet) are fill with extensive roots, altering the often not conducive to fire. Prescribed Fire Suppression Activities sub-surface habitat in a manner that is fire in the Jemez Mountains is often Similarly, fire suppression activities unusable to the salamander. Finally, planned for the fall (when the both protect and negatively impact the grass seeds can also contain fertilizer salamanders are not active), because low salamander or its habitat. For example, that is broadcast over large areas of wind and increased moisture during fire suppression actions that occurred in habitat (e.g., hydromulch used in post- this time allow more control, lowering salamander habitat during the Cerro fire treatments for the Cerro Grande chances of the fire’s escape. Because fire Grande Fire included hand line Fire). Fertilizers can contain nitrate, historically occurred prior to July (i.e., construction, backfiring with the which is toxic to amphibians at certain pre-monsoon rains), the majority of fires capacity of burning off heavy ground levels (Rouse et al. 1999, p. 799). While likely preceded surface activity. cover, fire retardant drops, and the effects of seeding with nonnative Prescribed fires conducted after bulldozer line (USFS 2001, p. 1). Water grasses and the use of fertilizers on September, when salamanders typically dropping from helicopters is another salamanders have not been specifically return to their underground retreats, fire suppression technique used in the studied, this action has likely caused would be similar to a natural fire regime Jemez Mountains, where water is widespread adverse impacts to the in the spring with low direct impacts collected from accessible streams, salamander. Because this action is a because most salamanders are ponds, or stock tanks. By dropping common post-fire treatment, it will subsurface. However, it is unknown surface water into terrestrial habitat, likely continue to negatively impact what the indirect impacts to the there is a significant increased risk of

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spreading aquatic pathogens into surface cover objects (through use of fuels that favor the development of terrestrial habitats (see Factor C, heavy equipment or heavy foot traffic). crown fires (Allen 2001, pp. 5-6; USFS Disease). Also of concern is soil compaction 2009a, p. 10). Additionally, all forest Fire retardants and fire fighting foams from the use of heavy equipment. The types on the VCNP contain very few are addressed under Factor E. Fire masticator largely operated on skid late-stage mature trees greater than 16 in suppression actions including the use of trails (temporary trails used to transport (41 cm) dbh (less than 10 percent of the fire retardants, water dropping, trees, logs, or other forest products), and overall cover) (VCNP 2010, pp. 3.4, 3.6- backfiring, and fire line construction mastication did not increase soil 3.23). The lack of large trees is an likely impact the salamander; however, compaction, because the machinery artifact of intense logging, mostly from the magnitude of impacts from fire traveled on trails covered with clear-cutting practices in the 1960s suppression remains unknown, and we masticated materials (wood chips, etc.), (VCNP 2010, p. 3.4), and we believe this do not have enough information at this which more evenly distributed the to be similar for surrounding forests. time to determine if fire suppression weight of the machinery and reduced Clear-cutting degrades forest floor actions threaten the salamander. soil compaction (Moghaddas and microhabitats by eliminating shading However, these activities improve the Stephens 2008, p. 3104). Activities that and leaf litter, increasing soil surface chances of quick fire suppression and compact soil, remove excessive canopy temperature, and reducing moisture would be relatively smaller in scale and cover, or are conducted while (Petranka 1998, p. 16). could have fewer impacts than a severe salamanders are surface active would be In a comparison of four logged sites wildland fire. Therefore, we do not find detrimental to the salamander and its and five unlogged sites in Jemez that fire suppression activities are a habitat. If mechanical treatment and Mountains salamander habitat, threat to the salamander, nor do we hazardous fuels activities are conducted Ramotnik (1986, p. 8) reports that a total expect them to become a threat in the in a manner that minimizes impacts to of 47 salamanders were observed at four future. the salamander while reducing the risk of the five unlogged sites, while no of severe wildland fire, the salamander salamanders were observed on any of Mechanical Treatment of Hazardous could ultimately benefit from the the logged sites. It is unclear whether Fuels reduction in the threat of severe salamanders were observed at the sites Mechanical treatment of hazardous wildland fire and the improvement in prior to logging, but significant fuels refers to the process of grinding or the structure and composition of the differences in habitat features (soil pH, chipping vegetation (trees and shrubs) forest. While mechanical treatments litter depth, and log size) between the to meet forest management objectives. likely impact a few individual logged and unlogged sites are reported. When these treatments are used, salamanders, we do not have enough On the unlogged sites, salamanders resprouting vegetation often grows back information at this time to determine were associated with cover objects that in a few years, if the area is not whether mechanical treatments threaten were closer together and more decayed, maintained through prescribed fire. the species. and that had a higher canopy cover, Mechanical treatment may include the greater moss and lichen cover, and Forest Silvicultural Practices use of heavy equipment or manual lower surrounding needle cover, equipment to cut vegetation (trees and Forest silvicultural practices (the care compared to cover objects on logged shrubs) and to scrape slash and other and cultivation of forest trees) threaten sites (Ramotnik 1986, p. 8). Cover debris into piles for burning or the salamander. Many areas of the objects on logged sites were less mastication. Mastication equipment landscape in the Jemez Mountains has decomposed and accessible by the uses a cutting head attached to an been fragmented by past commercial salamanders, had a shallower overhead boom to grind, chip, or crush (trees greater than 9 in (23 cm) dbh) and surrounding litter depth, and were wood into smaller pieces and is able to pre-commercial (trees less than 9 in (23 associated with a more acidic soil than treat vegetation on slopes up to 35 to 45 cm) dbh) timber harvesting. Much of the were cover objects on the unlogged sites percent while generally having little forests of the Jemez Mountains lack (Ramotnik 1986, p. 8). ground impact (soil compaction or large-diameter trees and have become Consistent with the findings of disturbance). The debris is left on the overgrown with small-diameter trees. Ramotnik (1986, p. 8), deMaynadier and ground where it decomposes and Salamander localities are found Hunter (1995; in Olson et al. 2009, p. 6) provides erosion protection or it is generally within the intact stands of reviewed 18 studies and found that burned after drying out. mature forest, but can still be found in salamander abundance after timber Mechanical treatment of hazardous areas where evidence of logging exists. harvest was 3.5 times greater on controls fuels such as manual or machine We assessed whether timber harvest than in clear-cut areas. Furthermore, thinning (chipping and mastication) (logging) or salvage logging threaten the Petranka et al. (1993; in Olson et al. may cause localized disturbances to the salamander. 2009, p. 6) found that Plethodon forest structure that can impact the From 1935 to 1972, logging abundance and richness in mature forest salamander. For example, removal of (particularly clear-cut logging) was were five times higher than those in overstory tree canopy or ground cover conducted on VCNP (ENTRIX 2009, p. recent clear cuts, and they estimated within salamander habitat may cause 164). These timber activities resulted in that it would take as much as 50 to 70 desiccation of soil or rocky substrates. about 50 percent of VCNP being logged, years for clearcut populations to return Additionally, tree-felling or use of heavy with over 1,600 kilometers (km) (1,000 to pre-clearcut levels. In the Jemez equipment has the potential to disturb miles (mi)) of 1960s era logging roads Mountains, historic clearcut logging the substrate, resulting in (ENTRIX 2009, p. 164) being built in practices likely led to significant habitat destabilization of talus and compaction winding and spiraling patterns around loss for the salamander with effects that of soil, which may reduce sub-surface hills (ENTRIX 2009, pp. 59-60). On the continue today. interstices used by salamanders as VCNP, 95 percent of forest stands The majority of salamander habitat refuges or for their movements. contain dense thickets of small-diameter has been heavily logged, which has Similarly, if salamanders are surface trees (VCNP 2010, pp. 3.3-3.4). This resulted in changes in stand structure active, any of these activities could multi-tiered forest structure is similar to and a paucity of large-diameter trees. crush salamanders present under surrounding areas and provides ladder This lack of large-diameter trees means

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that there is a limited source for future following the Lakes and BMG Wildfire. disturbing or compacting large areas of large, decomposing logs needed for The USFS stated that mitigation the surrounding soils, likely could be high-quality salamander habitat. measures for the Lakes and BMG conducted without adverse effects on Ramotnik (1986, p. 12) reports that logs Wildfire Timber Salvage Project would the salamander. with salamanders present were further protect the salamander and In summary, current commercial significantly larger and wetter than enhance salamander habitat by logging levels are very low and do not those without salamanders. Further, immediately providing slash and down threaten the salamander. Because most most salamanders were found in well logs (USFS 2003, pp. 4-5). Mitigation for of the high-quality, large-diameter trees decomposed logs. In a similar the salvage logging project included have been removed from the Jemez plethodontid salamander, large logs conducting activities during winter to Mountains, we believe that commercial provide refuge from warmer avoid soil compaction, and providing logging levels will remain low for the temperatures and resiliency from for higher snag retention (by leaving all foreseeable future. Nevertheless, impacts that can warm and dry habitat Douglas fir trees (16 percent fire-killed impacts from past commercial logging (Kluber et al. 2009, p. 31). trees) and 10 percent of other large activities continue to have detrimental On the VCNP, only minor selective snags) to provide future down log effects to the salamander and its habitat. logging has occurred since 1972, and it habitat (USFS 2003, p. 29). These These past activities removed large- is expected that some thinning of mitigation measures were developed in diameter trees, removed forest canopy, second growth forests will continue to consultation with NMEST in an effort to created roads, compacted soil, and occur to prevent severe wildfires. minimize impacts to salamander from disturbed other important habitat However, no commercial logging is salvage logging; however, NMEST features. These effects of historic logging proposed or likely in the foreseeable recommended that salvage logging be include the warming and drying of future (Parmenter 2009b, cited in excluded from occupied salamander habitat, and no source for future large Service 2010). Although commercial habitat because it was not clear that cover objects (decomposing logs) that timber harvest on the Santa Fe National even with the additional mitigations contribute to habitat complexity and Forest has declined appreciably since that it would meet the conservation resiliency. Salvage logging further 1988 (Fink 2008, pp. 9, 19), the effects objectives of the Cooperative diminishes salamander habitat from historical logging and associated Management Plan (NMEST 2003, p. 1). subsequent to disturbance. Therefore, roads will continue to threaten the The mitigation measures would likely we conclude that the salamander salamander and are expected to benefit the salamander in the short term continues to be threatened by forest continue in the foreseeable future. if conducted without salvage logging. It silvicultural practices, including salvage Salvage cutting (logging) removes is not known if mitigation measures logging, and we expect that these dead, dying, damaged, or deteriorating offset the impacts of salvage logging in practices and the resulting threats to the trees while the wood is still salamander habitat; however, species will continue in the future. merchantable (Wegner 1984, p. 421). Lindenmayer et al. (2008, p. 13) reports Sanitation cutting, similar to salvage, Dams that salvage logging interferes with removes the same kinds of trees as well Following the 2000 Cerro Grande Fire, natural ecological recovery and may as those susceptible to attack, but for the water retention dams were constructed increase the likelihood and intensity of purpose of reducing the spread of biotic within potential salamander habitat to subsequent fires. We believe that pests (Wegner 1984, p. 421). Both types minimize soil erosion within burned removal of trees limits the amount of of cutting are used in salamander areas (NMDGF 2001, p. 1; NMEST 2002, future cover and allows additional habitat, and are referred to as ‘‘salvage pp.1-2; Kutz 2002, p. 1). Surveys were warming and drying of habitat. The logging.’’ Salvage logging is a common not conducted prior to construction, and response to forest disturbance potential for large-scale forest die-offs we do not know if the areas were (Lindenmayer et al. 2008, p. 4) and, in from wildfire, insect outbreak, disease, occupied by salamanders, but the areas salamander habitat, is most likely to or drought is high in the Jemez are in the vicinity of occupied occur after a forest die-off resulting from Mountains (see Factors A and E), which salamander habitat. Because these types fire, disease, insects, or drought. The may result in future salvage logging in of structures were installed to slow purposes for salvage logging in the salamander habitat in the foreseeable erosion subsequent to wildfire, Jemez Mountains have included future. We believe that salvage logging additional dams or flood control firewood for local use, timber for small in salamander habitat further features could be constructed within and large mills, salvage before economic diminishes habitat quality and may be salamander habitat in the foreseeable decay, creation of diverse healthy and a determining factor of salamander future following severe wildland fires. productive timber stands, management persistence subsequent to forest die-off. Some individual salamanders may be of stands to minimize insect and disease Some timber harvest activities likely killed or injured by this activity; losses (USFS 1996, p. 4), and recovery pose no threat to the salamander. For however, the impact to the species and of the timber value of fire-killed trees example, removal of hazard trees may habitat from construction of retention (USFS 2003, p. 1). When conducted in have minimal disturbance to dams would be relatively minor. For salamander habitat, it can further reduce surrounding soils or substrates, this reason, we do not consider the the quality of the habitat remaining after especially if removal is conducted when construction of dams to currently be a the initial disturbance by removing or the species is not surface-active (i.e., significant threat to the salamander, nor reducing the shading afforded by dead seasonal restrictions). This type of do we expect dam construction to be a standing trees (Moeur and Guthrie 1984, localized impact may affect a few threat to the species in the future. p. 140) and future salamander cover individuals but is not likely to affect a objects (removal of trees precludes their population or be considered a threat. Mining recruitment to the forest floor), and by Likewise, precommercial thinning Pumice mining activities (e.g., Copar interfering with habitat recovery (removal of trees less than 9 in (22.9 cm) Pumice Company, the Copar South Pit (Lindenmayer et al. 2008, p. 13). dbh) or shrub and brush removal Pumice Mine, and the El Cajete Pumice Recent salvage logging within the (without the use of herbicides) to Mine) have been evaluated for impacts range of the salamander occurred control vegetation, and without to the salamander (USFS 1995, pp. 1-14;

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1996, pp. 1-3). Pumice mines are located of Energy, Union Oil Company of 1935 to 4.490 km (2.790 mi) of road per within areas of volcanic substrate that California (Unocal), and the Public square km in 1981, and in surface area are unlikely to support salamanders Service Company of New Mexico began of the map area from 0.131 percent (247 (USFS 2009c, p. 2). However, associated a cooperative geothermal energy project ha; 610 ac) to 1.667 percent (3,132 ha; infrastructure from expansion of the El (USFS 2007, p. 126). The demonstration 7,739 ac) (Allen 1989, pp. 236-240). Cajete Mine, such as access roads and project drilled 20 exploratory wells over Allen (1989, p. 240) reports that of 8,443 heavy equipment staging areas, may the next 4 years. One of the geothermal km (5,246 mi) of roads in the Jemez have the potential to be located in development locations was south of Mountains in 1981, 74 percent was potential salamander habitat. Although Redondo Peak on the VCNP, and the mapped on USFS lands (3,607 km; no decision on authorizing the canyon in this area was occupied by the 2,241 mi) and private lands (2,649 km; extension to the El Cajete Mine has been salamander (Sabo 1980, pp. 2-4). An 1,646 mi). These roads generally made (USFS 2009. p. 2), these activities Environmental Impact Statement indicate past logging activity (Allen would be small in scale and not likely analyzed a variety of alternatives, 1989 p. 236). Ongoing effects of roads considered a threat to the species, either including placement of transmission and their construction on the VCNP may currently or in the future. towers and lines (U.S. Department of exceed the effects of the timber harvests Energy cited in Sabo 1980, pp. 2-5). for which the roads were constructed Private (Residential) Development Nevertheless, the project ended in (Balmat and Kupfer 2004, p. 46). The Private property development January 1982, because Unocal’s majority of roads within the range of the threatens the salamander. Although the predictions concerning the size of salamander are unpaved, and the majority of salamander habitat is located geothermal resources were not met. Out compacted soil typically has very low on Federally managed lands, private of the 40 wells drilled in the Valles infiltration rates that generate large land contains substantially sized, Caldera in the Redondo Creek and amounts of surface runoff (Robichaud et contiguous areas of salamander habitat. Sulphur Springs areas, only a few al. 2010, p. 80). Increasing runoff and Additionally, some areas with yielded sufficient resources to be decreasing infiltration has led to the salamander habitat on the Santa Fe considered production wells (USFS drying of adjacent areas of salamander National Forest could be developed for 2007, p. 126). In some cases, primarily habitat. private use (as proposed in USFS 1997, in Unit 5, this occurred in salamander The construction of roads and trails pp. 1-4; USFS 1998, pp. 1-2). habitat and concrete well pads were degrades habitat by compacting soil and Development can destroy and fragment built. Although the geothermal eliminating interstitial spaces on the habitat through the construction of resources are found within the range of surface and sub-surface. Furthermore, homes and associated infrastructure the salamander in the Jemez Mountains, roads and trails reduce or eliminate (e.g., roads, driveways, and buildings), extraction of large quantities of hot important habitat features (e.g., lowering making those areas unusable to fluids from these rocks has proven canopy cover or drying of soil) and salamanders and likely resulting in difficult and not commercially viable prevent gene flow (Saunders et al. 1991, mortalities to salamanders within those (USFS 2007, p. 127). As such, we are p. 25; Burkey 1995, pp. 527, 528; areas. These activities have reduced the not aware of any current or future plans Frankham et al. 2002, p. 310; Noss et al. quantity and quality of salamander to construct large or small-scale 2006, p. 219). Vehicular and off- habitat primarily within the southern geothermal power production projects highway vehicle (OHV) use of roads and part of Unit 1, the central and eastern within salamander habitat. Moreover, in trails can kill or injure salamanders. parts of Unit 3, and large inholdings in 2006, the mineral rights on the VCNP Roads are known to fragment terrestrial Unit 4. As the human population were condemned, including geothermal salamander habitat and act as partial continues to increase in New Mexico, resources (VallesCaldera.com 2010, p. barriers to movement (deMaynadier and we believe development will likely 1). For these reasons, geothermal Hunter 2000, p. 56; Marsh et al. 2005, continue to directly affect the development does not present a current p. 2004). We find that the establishment salamander within these units in the or foreseeable threat to the salamander. of roads and trails will likely continue foreseeable future. These activities will to impact the salamander and its likely be in the form of new housing and Roads, Trails, and Habitat habitat, increasing the risk of extirpation associated roads and infrastructure. Fragmentation of some localities. Because development occurs, or is Roads, trails, and habitat Road clearing and maintenance likely to occur, in part of the range of fragmentation have had significant activities can also cause localized the salamander, and because we detrimental impacts that threaten the adverse impacts to the salamander from anticipate the continuing loss and salamander now and in the foreseeable scraping and widening roads and degradation of habitat in these areas, we future. Construction of roads and trails shoulders or maintaining drainage determine that private property has historically eliminated or reduced ditches or replacing culverts. These development currently threatens the the quality or quantity of salamander activities may kill or injure individuals salamander, and this threat will habitat, reducing blocks of native through crushing by heavy equipment. continue in the future. vegetation to isolated fragments and Existing and newly constructed roads or creating a matrix of native habitat trails fragment habitat, accelerating Geothermal Development islands that have been altered by extirpation of localities, especially when Geothermal development does not varying degrees from their natural state. movement between suitable habitat is threaten the salamander. A large Allen (1989, pp. 46, 54, 163, 216-242, not possible (Burkey 1995, p. 540; volcanic complex in the Jemez and 302) collected and analyzed Frankham et al. 2002, p. 314). Isolated Mountains is the only known high- changes in road networks (railroads, populations or patches are vulnerable to temperature geothermal resource in paved roads, improved roads, dirt roads, random events, which could easily New Mexico (Fleischmann 2006, p. 27). and primitive roads) in the Jemez destroy part of or an entire salamander Geothermal energy was explored for Mountains from 1935 to 1981. locality, or decrease a locality to such a possible development on the VCNP Landscape-wide road density increased low number of individuals that the risk between 1959 and 1983 (USFS 2007, p. 11.75 times from 0.382 km (0.237 mi) of of extirpation from human disturbance, 126). In July 1978, the U.S. Department road per square km (0.386 square mi) in natural catastrophic events, or genetic

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and demographic problems (e.g., loss of approximately 2 ft wide by 2 to 3 ft deep private land. However, new roads may genetic diversity, uneven male to female (0.6 m wide by 0.6 to 0.9 m deep), also be constructed through Federal ratios) would increase greatly (Shaffer which would likely prevent salamander lands within the salamander’s range. 1987, p. 71; Burkey 1995, pp. 527, 528; movement, fragment local populations, Roads and trails have significantly Frankham et al. 2002, pp. 310-324). and trap salamanders that fall into the fragmented habitat and likely reduced Terrestrial salamanders are impacted trenches. Often, the most severely persistence of existing salamander by edge effects, typically adjacent to impacted areas from OHVs had been the localities. Therefore, we conclude that roads and areas of timber harvest, best salamander habitat prior to OHV roads, trails, and the resulting habitat because microclimate conditions within use, because they were located on steep, fragmentation currently present a threat forest edges often exhibit higher air and north-facing slopes, with loose rocky to the salamander, and this threat will soil temperatures, lower soil moisture, soils that are easily eroded. continue in the future. and lower humidity, compared to In November 2005, the USFS issued interior forested areas (Moseley et al. the Travel Management Rule that Recreation 2009, p. 426). Moreover, by creating requires designation of a system of Recreational activities threaten the edge effects, roads can reduce the roads, trails, and areas for motor vehicle salamander now and in the foreseeable quality of adjacent habitat by increasing use by vehicle class and, if appropriate, future. The Jemez Mountains are heavily light and wind penetration, exposure to by time of year (70 FR 68264; November used for dispersed recreational activities pollutants, and the spread of invasive 9, 2005). As part of this effort, the USFS that have the potential to impact the species (Marsh et al. 2005, pp. 2004- inventoried and mapped roads and species, including camping, hiking, 2005). Due to the physiological nature of motorized trails, and is currently mountain biking, hunting, and skiing; terrestrial salamanders, they are completing a Draft Environmental OHV use is addressed above. There is sensitive to these types of microclimate Impact Statement to change the usage of overlap of the Jemez National alterations, particularly to changes to some of the current system within the Recreation Area, a 57,650 ac (23,330 ha) temperature and moisture (Moseley et range of the salamander. The Santa Fe area of the southwestern Jemez al. 2009, p. 426). Generally, more National Forest is attempting to Mountains, and salamander Units 1 and salamanders are observed with minimize the amount of authorized 4. It is estimated that nearly 1.6 million increasing distance from some edge roads or trails in known occupied people visit the Jemez National types, which is attributed to reduced salamander habitat and will likely Recreation Area for recreational moisture and microhabitat quality prohibit the majority of motorized cross- opportunities each year (Jemez National (Moseley et al. 2009, p. 426). country travel within the range of the Recreation Area 2002, p. 2). Despite an Road construction on New Mexico species (USFS 2009c, p. 2). existing average road density of State Highway 126 around the town of Nevertheless, by closing some areas to approximately 2.5 mi (4.0 km) of road Seven Springs in 2007-2008 occurred in OHV use, the magnitude of impacts in per square mile (2.6 square km) on the occupied salamander habitat in Unit 1. areas open to OHV use in salamander Jemez National Recreation Area, off road Measures were implemented by the habitat will be greater (NMEST 2008, p. use continues to occur resulting in new USFS reduce the impact of these road 2). We acknowledge that some roads being created or decommissioned construction activities on salamanders individual salamanders may be killed or roads being reopened (Jemez National including limiting construction to times injured by vehicles and OHVs and that Recreation Area 2002, pp. 10, 11). Using when salamanders would not be active OHV use impacts salamander habitat. current population and travel trends, on the surface and felling of However, we believe the Santa Fe the potential visitation demand on the approximately 300 trees in the project National Forest is attempting to VCNP is between 250,000 and 400,000 area to replace large woody debris used minimize impacts to the salamander visits per year (Entrix 2009, p. 93). Of as salamander habitat. However, at least and its habitat. Furthermore, we believe this projection, the VCNP is expected to 24 ac (9.7 ha) of salamander habitat that the revised travel management realize 120,000 visitors per year by the were directly impacted by this project regulations will reduce the impact of year 2020 (Entrix 2009, p. 94). To put (USFS 2009c, p. 2), which resulted in motorized vehicles on the salamander this in context, from 2002 to 2007 the the destruction and fragmentation of and its habitat by providing a consistent VCNP averaged about 7,600 visitors per occupied salamander habitat. Continued policy that can be applied to all classes year (Entrix 2009, p. 13). Bandelier maintenance of State Highway 126 in of motor vehicles, including OHVs. We National Monument, which has a the future will likely involve the use of conclude that OHV and motorcycle use smaller proportion of salamander salts for road de-icing, and increase the threatens the salamander if left habitat, overlaps with the southern exposure of adjacent areas to chemicals unmanaged, but with the portion of Unit 3, and attracts an and pollution from vehicular traffic. implementation of the forthcoming average annual visitation of over Fragmentation of parts of Unit 1 and management of motorized trails on the 250,000 people (Entrix 2009, p. 92). subsequent edge effects have reduced Santa Fe National Forest, the threat will Fenton Lake State Park in Unit 1 also the quality and quantity of salamander be greatly reduced. contains salamander habitat. The park habitat. In summary, the extensive roads that received over 120,000 visitors on its 70 In 2007, the NMEST concluded that currently exist in the Jemez Mountains ac (28 ha) containing hiking trails and impacts from OHVs and motorcycles have significantly impacted the a fishing lake (Entrix 2009, p. 92). were variable depending on their salamander and its habitat due to death Campgrounds and associated parking location relative to salamander habitat. and injury of salamanders; lots and structures have likely impacted Since the width of a trail is generally fragmentation and population isolation; the salamander through modification of smaller than a road, canopy cover habitat loss; habitat modification from small areas of habitat from soil typically remains over trails. In some edges; and in some cases, increased compaction and vegetation removal. cases (e.g., flat areas without deeply cut exposure to chemicals, salts, and Similarly, compaction of soil from erosion), the trails do not likely impede pollution. Roads associated with private hiking or mountain biking trails has salamander movement. Alternatively, development are most likely to be modified a relatively small amount of severe erosion caused by heavy trail use constructed in the future in portions of habitat. The majority of these trails in some places formed trenches Units 3 and 4, which has the most likely do not act as barriers to

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movement nor create edge effects Livestock Grazing we have determined that the present or similar to roads because they are narrow Historical livestock grazing changed threatened destruction, modification, or and do not reduce canopy cover. the Jemez Mountains ecosystem by curtailment of habitat and range However, similar to OHV trails, deeply removing understory grasses, represents a current significant threat to eroded mountain bike trails could act as contributing to altered fire regimes, the salamander, and will continue to be barriers and entrap salamanders. altered vegetation composition and so in the future. The Pajarito Ski Area in Los Alamos structure, and increased soil erosion. Factor B. Overutilization For County was established in 1957 and Livestock grazing generally does not Commercial, Recreational, Scientific, or expanded through 1994. Ski runs were occur within salamander habitat Educational Purposes constructed within salamander habitat. because cattle concentrate outside of Overutilization does not threaten the A significant amount of high-quality forested areas where grass and water are salamander now or in the foreseeable habitat (north-facing mountain with more abundant. We have no information future, but has likely caused salamander mixed conifer forests and many that indicates livestock grazing is extirpation at the most abundant salamander observations) was destroyed directly or indirectly threatening the location known historically. Between with construction of the ski areas and salamander or its habitat. However, 1960 and 1999, nearly 1,000 the runs and roads have fragmented and small-scale habitat modification, such as salamanders were collected from the created a high proportion of edge areas. livestock trail establishment or wild for scientific or educational Nevertheless, surveys conducted in trampling, in occupied salamander purposes. The majority (738 2001 in two small patches of forested habitat is possible. The USFS and VCNP salamanders) were collected between areas between ski runs detected manage livestock to maintain fine grassy 1960 and 1979 (Painter 1999, p. 1). salamanders (Cummer et al. 2001, pp. 1, fuels and should not limit low-intensity Since 1999, very few salamanders have 2). Most areas between runs remain fires in the future. Indirect effects from been collected, and all were collected unsurveyed. However, because of the livestock activities may include the risk under a valid permit issued by either large amount of habitat destroyed, the of aquatic disease transmission from NMDGF or USFS. This species is extremely small patch sizes that remain, earthen stock ponds that create areas of difficult to maintain in captivity, and and relatively high degree of edge standing surface water. Earthen stock we know of no salamanders in the pet effects, the salamander will likely not tanks are often utilized by tiger trade or in captivity for educational or persist in these areas in the long term. salamanders (Ambystoma tigrinum), scientific purposes. which are known to be vectors for Adjacent to the downhill ski runs are In 1967, salamanders were only disease (i.e., they can carry and spread cross country ski trails. These trails are known from seven localities (Reagan disease) (Davidson et al. 2003, pp. 601- USFS lands, but maintained by a private 1967, p. 13). Only one of these localities 607). Earthen stock tanks can also (the ‘‘Type Locality’’) was considered to group. In 2001, trail maintenance and concentrate tiger salamanders, have an abundant salamander construction with a bulldozer was increasing chances of disease. Some population (Reagan 1967, p. 8). The conducted by the group in salamander tiger salamanders use adjacent upland species was originally described using habitat during salamander surface areas and may transmit disease to the specimens collected from this type activity period (NMEST 2001, p. 1). Jemez Mountains salamander in areas locality within Unit 4 (Stebbins and Trail maintenance was reported as where they co-occur. However, we do Reimer 1950, pp. 73-80). Reagan (1967, leveling all existing ski trails with a not have enough information to draw p. 11) collected 165 salamanders from bulldozer, that involved substantial soil conclusions on the extent or role tiger this locality between 1965 and 1967, disturbance, cutting into slopes as much salamanders may play in disease whereas Williams collected an as 2 ft (0.6 m), filling other areas in transmission. Although some small- additional 67 of 659 salamanders found excess of 2 ft (0.6 m), widening trails, scale habitat modification is possible, at this locality in 1970 (1972, p. 11). and downing some large trees (greater livestock are managed to maintain a Although surveys have been conducted than 10 in (25.4 cm) dbh), ultimately grassy forest understory, and the at this locality since the 1990s, no disturbing approximately 2 to 5 ac (1 to connection between earthen stock tanks salamanders have been found, 2 ha) of occupied salamander habitat for livestock and aquatic disease suggesting that salamanders in the area (Sangre de Christo Audubon Society transmission is unclear. Therefore, we have likely been extirpated from 2001, pp. 2-3). This type of trail conclude that livestock grazing is not a overcollection. We are not aware of any maintenance while salamanders are current threat to the salamander, nor do other localities where the species has surface active could result in direct we believe it will be in the future. been extirpated from overcollection. impacts to salamanders, and further Nevertheless, it is apparent that fragment and dry habitat. We do not Summary repeated collections of individuals can know if there are future plans to modify In summary, the salamander and its lead to extirpation. Still, we believe this or expand the existing ski area. habitat are threatened by historical and is no longer a threat because collections The Jemez Mountains are currently current fire management practices; are stringently regulated through heavily used for recreational activities, severe wildland fire; forest composition permits issues by NMDGF and the USFS and as human populations in New and structure conversions; post-fire (see Factor D below). Additionally, due Mexico continue to expand, there will rehabilitation; forest management to these measures, we do not believe likely be an increased demand in the (including silvicultural practices); that collection will be a threat in the foreseeable future for recreational private (residential) development; roads, future. opportunities in the Jemez Mountains. trails, and habitat fragmentation; and Survey techniques can alter Large-scale recreational projects in recreation. Due to the limited extent of salamander habitat by disturbing and salamander habitat would threaten the habitat occupied by the salamander, the drying the areas underneath the objects salamander. Therefore, we conclude severity and magnitude of the threat of that provide cover, and destroying that recreational activities currently severe wildland fire, and ongoing decaying logs by searching inside them. threaten the salamander, and will impacts from the existing extensive road Surveyors are now trained to replace continue to be a threat in the future. network and previous logging practices, cover objects as they were found and to

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leave part of every log intact; however, Both the tiger salamander and the boreal The New Mexico State statutes impacts still occur. When surveys are chorus frog (Pseudacris maculata) are require the NMDGF to develop a dispersed and there are multiple amphibians that have aquatic life stages recovery plan that will restore and intervening years, impacts are likely and share terrestrial habitat with the maintain habitat for the species. lessened; however, when a location is salamander. In California, Bd has been Although the species does not have a repeatedly surveyed, habitat quality is present in wild populations of another finalized recovery plan, NMDGF has the diminished. We are aware of only a few strictly terrestrial salamander since authority to consider and recommend locations that have received impacts 1973, without apparent population actions to mitigate potential adverse from repeated surveys (e.g., Activity declines (Weinstein 2009, p. 653). effects to the salamander during its Plots). Cummer (2006, p. 2) reported that review of development proposals. There We do not have any recent evidence noninvasive skin swabs on 66 Jemez is no requirement to follow the of risks to the salamander from Mountains salamanders, 14 boreal recommendations as seen during the overutilization for commercial, chorus frogs, and 24 tiger salamanders construction and realignment of recreational, scientific, or educational from the Jemez Mountains were all Highway 126, when NMDGF made purposes, and we have no reason to negative for Bd. The observation of Bd recommendations, but none of the believe this factor will become a threat in the salamander indicates that the measures recommended were to the species in the future. Therefore, species may be susceptible. However, incorporated into the project design to based on a review of the available virulence relative to the salamander limit impacts to the salamander or its information, we find that overutilization remains unknown. Although Bd can be habitat (New Mexico Game Commission for commercial, recreational, scientific, highly infectious and lethal, we have no 2006, pp. 12–13) (see Factor A. Present or educational purposes is not a threat information to suggest that the disease or Threatened Destruction, to the salamander now or in the threatens the salamander currently or in Modification, or Curtailment of the foreseeable future. the future. We intend to monitor the Species’ Habitat or Range section, prevalence of Bd in the salamander Factor C. Disease or Predation above). using noninvasive skin swabs. The NMEST Cooperative Management The petition did not present any Therefore, we do not find that disease Plan and Conservation Agreement were information indicating that disease or or predations is currently a threat to the completed in 2000 (see Previous Federal predation threatens the salamander. salamander, nor do we find it likely Actions section above). The goal of these Additionally, we have no information in they will be so in the future. non-regulatory documents was to our files that indicates that disease or ‘‘...provide guidance for the conservation Factor D. Inadequacy of Existing predation are a threat to the salamander and management of sufficient habitat to Regulatory Mechanisms currently or likely to become a threat in maintain viable populations of the the future. One of the primary threats to the species’’ (NMEST 2000, p. i.). However, The amphibian pathogenic fungus salamander is the loss, degradation, and they have been ineffective in preventing Batrachochytrium dendrobatidis (Bd) fragmentation of habitat. As described the ongoing loss of salamander habitat, was found in a wild-caught salamander below, existing regulatory mechanisms and they are not expected to prevent in 2003 (Cummer et al. 2005, p. 248). are not sufficient to protect the further declines of the species. As Batrachochytrium dendrobatidis causes salamander or its habitat. New Mexico discussed elsewhere, the intent of the the disease chytridiomycosis, whereby State law provides limited protection to agreement was to protect the the Bd fungus attacks keratin in the salamander. The salamander was salamander and its habitat on lands amphibians. In adult amphibians, reclassified by the State of New Mexico administered by the USFS; however, keratin primarily occurs in the skin. The from threatened to endangered in 2005 there have been projects that have symptoms of chytridiomycosis can (NMDGF 2005, p. 2). This designation negatively affected the species (e.g., include sloughing of skin, lethargy, provides protection under the New State Highway 126 project) (WildEarth morbidity, and death. Chytridiomycosis Mexico Wildlife Conservation Act of Guardians 2008, pp. 28–54). The has been linked with worldwide 1974 (i.e., State Endangered Species Cooperative Management Plan and amphibian declines, die-offs, and Act) (19 NMAC 33.6.8), but only Conservation Agreement have been extinctions, possibly in association with prohibits direct take of species, except unable to prevent ongoing loss of climate change (Pounds et al. 2006, p. under issuance of a scientific collecting habitat, and they are not expected to 161). In New Mexico, Bd has caused permit. The New Mexico Wildlife prevent further declines of the species. significant population declines and Conservation Act defines ‘‘take’’ or They do not provide adequate local extirpations in the federally ‘‘taking’’ as harass, hunt, capture, or kill protection for the salamander or its threatened Chiricahua leopard frog any wildlife or attempt to do so (17 habitat. (Lithobates [Rana] chiricahuensis) NMAC 17.2.38). In other words, New Under the Federal Land Policy and (USFWS 2007, p. 14). It is also Mexico State status as an endangered Management Act of 1976 (43 U.S.C. implicated in the decline of other species only conveys protection from 1701 et seq.) and the National Forest leopard frogs and the disappearance of collection or intentional harm to the Management Act of 1976 (16 U.S.C. the boreal toad (Bufo boreas) from the animals themselves. New Mexico State 1600 et seq.), the USFS is directed to State (NMDGF 2006, p. 13). Prior to the statutes do not address habitat prepare programmatic-level detection of Bd in the salamander, Bd protection, indirect effects, or other management plans to guide long-term was considered an aquatic pathogen threats to these species. There is no resource management decisions. Under (Longcore et al. 1999, p. 221; Cummer formal consultation process to address this direction, the salamander has been et al. 2005, p. 248). The salamander the habitat requirements of the species on the Regional Forester’s Sensitive does not have an aquatic life stage and or how a proposed action may affect the Species List since 1990 (USFS 1990). is strictly terrestrial; thus the mode of needs of the species. Because most of The Regional Forester’s Sensitive transmission of Bd remains unknown. It the threats to the species are from effects Species List policy is applied to projects is possible that the fungus was to habitat, protecting individuals will implemented under the 1982 National transported by other amphibian species not ensure their long-term conservation Forest Management Act Planning Rule that utilize the same terrestrial habitat. and survival. (49 FR 43026, September 30, 1982). All

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existing Plans continue to operate under species to persist into the future. In light whether these chemicals may be a threat the 1982 Planning Rule and all of its of this information, we conclude that to this species. associated implementing regulations the existing regulatory mechanisms The USFS is in the process of and policies. have been ineffective and inadequate at completing an Environmental Impact The intent of the Regional Forester’s preventing actions that threaten the Statement regarding the use of sensitive species designation is to salamander and its habitat, and this is herbicides to manage noxious or provide a proactive approach to expected to continue into the invasive plants (Orr 2010, p. 2). conserving species, to prevent a trend foreseeable future. Chemicals that could be used include toward listing under the Act, and to 2,4,D; Clopyralid; Chorsulfuron; ensure the continued existence of Factor E. Other Natural or Manmade Dicamba; Glyphosate; Hexazinone; viable, well-distributed populations. Factors Affecting the Species’ Continued Imazapic; Imazapyr; Metasulfuron The USFS policy (FSM 2670.3) states Existence Methyl; Sulfometuron Methyl; Picloram; that Biological Evaluations must be Under Factor E, we considered and Triclopyr (Orr 2010, p. 2). We completed for sensitive species and whether the Jemez Mountains reviewed the ecological risk assessments signed by a journey-level biologist or salamander is threatened by chemical for these chemicals at http:// botanist. The Santa Fe National Forest use and climate conditions. www.fs.fed.us/foresthealth/pesticide/ will continue developing biological Chemical Use risk.shtml, but found few studies and evaluation reports and conducting data relative to amphibians. We found a analyses under the National There is a potential for the single study for Sulfometuron Methyl Environmental Policy Act (42 U.S.C. salamander to be impacted by chemical conducted on the African clawed frog 4321 et seq.) for each project that will use. Chemicals are used to suppress (Xenopus laevis) (an aquatic frog not affect the salamander or its habitat. The wildfire and for noxious weed control. native to the United States). This study Santa Fe National Forest is also Because the salamander has permeable resulted in alterations in limb and organ preparing the Southwest Jemez skin, and breathes and carries out development and metamorphosis Mountains Landscape Assessment that, physiological functions with its skin, it (Klotzbach and Durkin 2004, pp. 4-6, 4- if funded, may reduce the threat of may be susceptible if it comes in contact 7). The use of chemicals listed above by severe wildland fire in Units 1 and 4 of with fire retardants or herbicides. Many hand-held spot treatments or road-side the salamander’s range over the next 10 of these chemicals have not been spraying (Orr 2010, p. 2) in occupied years (USFS 2009c, p. 2). At this time, assessed for effects to amphibians, and salamander habitat could result in funding of this project is not certain, nor none have been assessed for effects to impacts to the salamander. Because of is it likely to address short-term risk of terrestrial amphibians. Therefore, we do the lack of toxicological studies of these severe wildland fire. While the Regional not have enough information to chemicals, we do not know if there is a Forester’s sensitive species designation determine whether chemical use threat to the salamander. However, we provides for consideration of the threatens the salamander. will continue to evaluate whether these salamander during planning of Prior to 2006 (71 FR 42797; July 28, chemicals are a threat to the activities, it does not preclude activities 2006), fire retardant used by the USFS salamander. that may harm salamanders or their contained sodium ferrocyanide, which Climate Conditions habitats on the Santa Fe National Forest. is highly toxic to fish and amphibians Finally, populations of salamanders (Pilliod et al. 2003, p. 175). Fire Climate conditions have contributed have been observed on Tribal lands, Los retardant was used in salamander to the status of the salamander now and Alamos National Laboratory lands, the habitat for the Cerro Grande Fire (Unit will continue to in the foreseeable VCNP, and private lands. Los Alamos 3), but we do not know the quantity or future. Habitat drying affects National Laboratory has committed to, location of this effort (USFS 2001, p. 1). salamander physiology, behavior, and whenever possible, retaining trees in While sodium ferrocyanide is no longer persistence; will affect the occurrence of order to maintain greater than 80 used by USFS to suppress wildfire, natural events such as fire, drought, and percent canopy cover, and avoiding similar retardants and foams may still forest die-off; and will increase the risk activities that either compact soils or contain ingredients that are toxic to the of disease and infection. Trends in dry habitat (Los Alamos National salamander. Beginning in 2010, the climate change and drought conditions Laboratory 2010, p. 7). USFS will begin phasing out the use of have contributed to temperature In summary, the salamander currently ammonium sulfate because of its increases in the Jemez Mountains, with does not receive adequate regulatory toxicity to fish and replacing it with a corresponding decrease in protection through the USFS sensitive ammonium phosphate (USFS 2009e, p. precipitation. Because the salamander is species designation, State regulations, or 1), which still may have adverse effects terrestrial, constrained in range, and the guidelines provided in the to the salamander. One of the isolated to the higher elevations of the Cooperative Management Plan and ingredients of ammonium phosphate (a Jemez Mountains, continued Conservation Agreement. Outside of the type of salt) appeared to have the temperature increases and precipitation limited protection from collection and greatest likelihood of adverse effects to decreases could threaten the viability of intentional harm through the New terrestrial species assessed (birds and the species over its entire range. Mexico Wildlife Conservation Act, there mammals) through ingestion (USFS/ Climate simulations of Palmer are no State or Federal regulations LABAT Environmental 2007, pp. 24-27), Drought Severity Index (PSDI) (a providing specific protections for the and in amphibians, salts can disrupt calculation of the cumulative effects of salamander or its habitat on these areas. osmoregulation (regulation of proper precipitation and temperature on The existing regulatory mechanisms water balance and osmotic or fluid surface moisture balance) for the are inadequate to ensure the species’ pressure within tissues and cells). Southwest for the periods of 2006–2030 long-term conservation and survival Currently, we do not have enough and 2035–2060 show an increase in because they do not specifically prevent information to determine whether the drought severity with surface warming. threats to its habitat. We believe this chemicals within fire retardants or Additionally, drought still increases lack of effective regulatory protection foams threaten the salamander. during wetter simulations because of the will affect the overall ability of the However, we will continue to evaluate effect of heat-related moisture loss

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(Hoerling and Eicheid 2007, p. 19). becomes available, it may also make it annual trends in moisture stress during Annual mean precipitation is likely to more susceptible and less resistant to 1970–2006, that is, they have become decrease in the Southwest as well as the longer dry times because it also quickly relatively drier (Enquist et al. 2008, p. length of snow season and snow depth dehydrates. Dehydration affects the iv); (International Panel on Climate Change salamander by increasing heart rate, (3) Snowpack has declined in 98 (IPCC) 2007b, p. 887). Most models oxygen consumption, and metabolic rate percent of sites analyzed in New project a widespread decrease in snow (Whitford 1968, p. 249), thus increasing Mexico; the Jemez Mountains has depth in the Rocky Mountains and energy demand, limiting movements experienced significant declines in earlier snowmelt (IPCC 2007b, p. 891). (Wiltenmuth 1997, p. 77), increasing snowpack (Enquist et al. 2008, p. iv); Exactly how climate change will affect concentration and storage of waste (4) Between 1980–2006, the timing of precipitation is less certain, because products (Duellman and Trueb 1986, p. peak run-off from snowmelt occurred 2 precipitation predictions are based on 207), decreasing burst locomotion days earlier than in the 1951–1980 continental-scale general circulation (stride length, stride frequency, and period (Enquist et al. 2008, pp. 9, 25); models that do not yet account for land speed) (Wiltenmuth 1997, p.45), and (5) The Jemez Mountains have use and land cover change effects on sometimes causing death. Moisture- experienced warmer and drier climate or regional phenomena. stressed salamanders prioritize conditions during the 1991–2005 time Consistent with recent observations in hydration over all else, thereby reducing period (Enquist and Gori 2008, pp. 16, climate changes, the outlook presented salamander survival and persistence. 17, 23); and for the Southwest and New Mexico Additional impacts from dehydration (6) The Jemez Mountains ranked predict warmer, drier, drought-like could include increased predation highest of 248 sites analyzed in New conditions (Seager et al. 2007, p. 1181; because burst locomotion is impaired Mexico in climate exposure—a measure Hoerling and Eischeid 2007, p. 19). (which reduces ability to escape) and of mean temperature and mean McKenzie et al. (2004, p. 893) suggest, increased susceptibility to pathogens precipitation departures (Enquist and based on models, that the length of the resulting from depressed immunity from Gori 2008, pp. 10, 22, 51-58). fire season will likely increase further physiological stress of dehydration. Any Although the extent of warming likely and that fires in the western United of these factors, alone or in to occur is not known with certainty at States will be more frequent and more combination, could lead either to the this time, the IPCC (2007a, p. 5) has severe. In particular, they found that fire reduction or extirpation of salamander concluded that the summer season will in New Mexico appears to be acutely localities, especially in combination experience the greatest increase in sensitive to summer climate and with the threats of habitat-altering warming in the Southwest (IPCC 2007b, temperature changes and may respond activities, as discussed under Factor A. p. 887). Temperature has strong effects dramatically to climate warming. The IPCC (2007, pp. 12, 13) predicts that on amphibian immune systems and may Plethodontid salamanders have a low changes in the global climate system be an important factor influencing metabolic rate and relatively large during the 21st century will very likely susceptibility of amphibians to energy stores (in tails) that provide the be larger than those observed during the pathogens (e.g., see Raffel et al. 2006, p. potential to survive long periods 20th century. For the next 2 decades, a 819); thus increases in temperature in between unpredictable bouts of feeding warming of about 0.2 °C (0.4 °F) per the Jemez Mountains have the potential (Feder 1983, p. 291). Despite these decade is projected (IPCC 2007, p. 12). to increase the salamander’s specializations, terrestrial salamanders The Nature Conservancy of New Mexico susceptibility to disease and pathogens. must have sufficient opportunities to analyzed recent changes in New As noted, we have no information that forage and build energy reserves for use Mexico’s climate. Parts I and II of a indicates disease threatens the during periods of inactivity. As three-part series have been completed. salamander currently or in the future, salamander habitat warms and dries, the In Part I, the time period 1961–1990 was but we intend to evaluate this further. quality and quantity of habitat decreases used as the reference condition for Climate Conditions Summary along with the amount of time that analysis of recent departures (1991– salamanders could be surface active. 2005; 2000–2005). This time period is In summary, we find that current and Wiltenmuth (1997, pp. ii-122) consistent with the baseline used by future effects from warmer climate concluded that the Jemez Mountains National Oceanic and Atmospheric conditions in the Jemez Mountains salamanders likely persist by utilizing Administration and the IPCC for could reduce the amount of suitable moist microhabitats and they may be presenting 20th-century climate salamander habitat, reduce the time near their physiological limits relative anomalies and generating future period when the species can be surface to water balance and moist skin. During projections (Enquist and Gori 2008, p. active, and increase the moisture field evaluations, the species appeared 9). In Part II, trends in climate water demands and subsequent physiological to be in a dehydrated state. If the species deficit (an indicator of biological stress on salamanders. Warming and has difficulty maintaining adequate skin moisture stress, or drying), snowpack, drying trends in the Jemez Mountains moisture (e.g., see Wiltenmuth 1997, pp. and timing of peak stream flows were currently threaten the species, and these ii-122), it will likely spend less time assessed for the period of 1970–2006 threats are projected to continue into the being active. As a result, energy storage, (Enquist et al. 2008, p. iv). The Nature foreseeable future. reproduction, and long-term persistence Conservancy of New Mexico concludes Finding would be reduced. the following regarding climate Wiltenmuth (1997, p. 77) reported conditions in New Mexico and the As required by the Act, we conducted rates of dehydration and rehydration Jemez Mountains: a review of the status of the species and were greatest for the Jemez Mountains (1) Over 95 percent of New Mexico considered the five factors in assessing salamander compared to the other has experienced mean temperature whether the salamander is endangered salamanders, and suggested greater skin increases; warming has been greatest in or threatened throughout all or a permeability. While the adaptation to the Jemez Mountains (Enquist and Gori significant portion of its range. We relatively quickly rehydrate and 2008, p. 16); examined the best scientific and dehydrate may allow the salamander to (2) 93 percent of New Mexico’s commercial information available more quickly rehydrate when moisture watersheds have experienced increasing regarding the past, present, and future

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threats faced by the salamander. We determine that emergency listing of the throughout all or a significant portion of reviewed the petition, information salamander is warranted, we will its range,’’ and a threatened species as available in our files, and other initiate an emergency listing. one ‘‘likely to become an endangered available published and unpublished The Service adopted guidelines on species within the foreseeable future information, and we consulted with September 21, 1983 (48 FR 43098), to throughout all or a significant portion of salamander experts and other Federal, establish a rational system for allocating its range.’’ The term ‘‘significant portion State, and tribal agencies. available appropriations to the highest of its range’’ is not defined by the On the basis of the best scientific and priority species when adding species to statute. For the purposes of this finding, commercial information available, we the Lists of Endangered or Threatened a significant portion of a species’ range find that the petitioned action to list the Wildlife and Plants or reclassifying is an area that is important to the Jemez Mountains is warranted, due to a threatened species to endangered status. conservation of the species because it combination of risk of historical and The system places greatest importance contributes meaningfully to the current fire management practices, on the immediacy and magnitude of representation, resiliency, or severe wildland fire, forest composition threats, but also factors in the level of redundancy of the species. The and structure conversions, post-fire taxonomic distinctiveness by assigning contribution must be at a level such that rehabilitation treatments, forest priority in descending order to its loss would result in a decrease in the management (including silvicultural monotypic genera, full species, and ability to conserve the species. practices), private residential subspecies (or equivalently, distinct If an analysis of whether a species is development, roads, trails, habitat population segments of vertebrates). As endangered or threatened in a fragmentation, and recreation. The a result of our analysis of the best significant portion of its range is salamander may also be threatened by available scientific and commercial appropriate, we engage in a systematic disease and chemical use. Some of these information, we assigned the Jemez process that begins with identifying any threats may be exacerbated by the Mountains salamander a listing priority portions of the range of the species that current and projected effects of climate number (LPN) of 2, based on our finding warrant further consideration. The range change, and we have determined that that the species faces imminent and of a species can theoretically be divided the current and projected effects from high-magnitude threats from the present into portions in an infinite number of climate change directly threaten the or threatened destruction, modification, ways. However, there is no purpose in salamander. The loss of one of the or curtailment of its habitat and the analyzing portions of the range that are largest known populations, the inadequacy of existing regulatory not reasonably likely to be significant documented modification of the habitat mechanisms. The salamander and its and endangered or threatened. To from fire exclusion, and severe wildland habitat are threatened by historical and identify only those portions that warrant fire places this species at great risk. current fire management practices; further consideration, we determine Cumulative threats to the salamander severe wildland fire; forest composition whether there is substantial information are not being adequately addressed and structure conversions; post-fire indicating that (i) the portions may be through existing regulatory rehabilitation; forest management significant and (ii) the species may be in mechanisms. Because of the limited (including silvicultural practices); danger of extinction there or likely to distribution of this endemic species and private (residential) development; roads, become so within the foreseeable future. its lack of mobility, threats are likely to trails, and habitat fragmentation; and In practice, a key part of this analysis is render the species at risk of extinction recreation. Due to the limited extent of whether the threats are geographically in the foreseeable future. We will make habitat occupied by the salamander, the concentrated in some way. If the threats a determination on the status of the severity and magnitude of the threat of to the species are essentially uniform species as endangered or threatened severe wildland fire, and ongoing throughout its range, no portion is likely when we prepare a proposed listing impacts from the existing extensive road to warrant further consideration. determination. However, as explained network and previous logging practices, Moreover, if any concentration of in more detail below, an immediate we have determined that the present or threats applies only to portions of the proposal of a regulation implementing threatened destruction, modification, or range that are unimportant to the this action is precluded by higher curtailment of habitat and range conservation of the species, such priority listing actions, and progress is represents a current significant threat to portions will not warrant further being made to add or remove qualified the salamander. Existing regulatory consideration. species to or from the Lists of mechanisms are inadequate to ensure On the basis of an analysis of factors Endangered and Threatened Wildlife the species’ long-term conservation and that may threaten the Jemez Mountains and Plants. survival because they do not specifically salamander, we have determined that We reviewed the available prevent threats to its habitat. One or listing is warranted throughout its information to determine if the existing more of the threats discussed above is range. Therefore, it is not necessary to and foreseeable threats render the occurring or is expected to occur conduct further analysis with respect to species at risk of extinction now such throughout the entire range of this the significance of any portion of its that issuing an emergency regulation species. These threats are ongoing and, range at this time. We will further temporarily listing the species under in some cases (e.g., loss of habitat analyze whether threats may be section 4(b)(7) of the Act is warranted. through forest management), considered disproportionate and warrant further We determined that issuing an irreversible. While we conclude that consideration as a significant portion of emergency regulation temporarily listing the Jemez Mountains salamander the species’ range when we develop a listing the species is not warranted for is warranted, an immediate proposal to proposed listing determination. this species at this time because, within list this species is precluded by other Preclusion and Expeditious Progress the current distribution of the species higher priority listings, which we throughout its range, there are at least address below. Preclusion is a function of the listing some populations of the salamander that priority of a species in relation to the exist in relatively natural conditions Significant Portion of the Range resources that are available and that are unlikely to change in the short The Act defines an endangered competing demands for those resources. term. However, if at any time we species as one ‘‘in danger of extinction Thus, in any given fiscal year (FY),

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multiple factors dictate whether it will the Act (for example, recovery funds for discussion on 90–day petition findings be possible to undertake work on a removing species from the Lists), or for that by its own terms also covers 12– proposed listing regulation or whether other Service programs, from being used month findings) that the deadlines were promulgation of such a proposal is for Listing Program actions (see House ‘‘not intended to allow the Secretary to warranted but precluded by higher Report 105-163, 105th Congress, 1st delay commencing the rulemaking priority listing actions. Session, July 1, 1997). process for any reason other than that The resources available for listing Recognizing that designation of the existence of pending or imminent actions are determined through the critical habitat for species already listed proposals to list species subject to a annual Congressional appropriations would consume most of the overall greater degree of threat would make process. The appropriation for the Listing Program appropriation, Congress allocation of resources to such a petition Listing Program is available to support also put a critical habitat subcap in [that is, for a lower-ranking species] work involving the following listing place in FY 2002 and has retained it unwise.’’ actions: Proposed and final listing rules; each subsequent year to ensure that In FY 2010, expeditious progress is 90–day and 12–month findings on some funds are available for other work that amount of work that can be petitions to add species to the Lists of in the Listing Program: ‘‘The critical achieved with $10,471,000, which is the Endangered and Threatened Wildlife habitat designation subcap will ensure amount of money that Congress and Plants (Lists) or to change the status that some funding is available to appropriated for the Listing Program of a species from threatened to address other listing activities’’ (House (that is, the portion of the Listing endangered; annual determinations on Report No. 107 - 103, 107th Congress, 1st Program funding not related to critical prior ‘‘warranted but precluded’’ petition Session, June 19, 2001). In FY 2002 and habitat designations for species that are findings as required under section each year until FY 2006, the Service has already listed). However these funds are 4(b)(3)(C)(i) of the Act; critical habitat had to use virtually the entire critical not enough to fully fund all our court- petition findings; proposed and final habitat subcap to address court- ordered and statutory listing actions in rules designating critical habitat; and mandated designations of critical FY 2010, so we are using $1,114,417 of litigation-related, administrative, and habitat, and consequently none of the our critical habitat subcap funds in program-management functions critical habitat subcap funds have been order to work on all of our required (including preparing and allocating available for other listing activities. In petition findings and listing budgets, responding to Congressional FY 2007, we were able to use some of determinations. This brings the total and public inquiries, and conducting the critical habitat subcap funds to fund amount of funds we have for listing public outreach regarding listing and proposed listing determinations for actions in FY 2010 to $11,585,417. Our critical habitat). The work involved in high-priority candidate species. In FY process is to make our determinations of preparing various listing documents can 2009, while we were unable to use any preclusion on a nationwide basis to be extensive and may include, but is not of the critical habitat subcap funds to ensure that the species most in need of limited to: Gathering and assessing the fund proposed listing determinations, listing will be addressed first and also best scientific and commercial data we did use some of this money to fund because we allocate our listing budget available and conducting analyses used the critical habitat portion of some on a nationwide basis. The $11,585,417 as the basis for our decisions; writing proposed listing determinations so that is being used to fund work in the and publishing documents; and the proposed listing determination and following categories: compliance with obtaining, reviewing, and evaluating proposed critical habitat designation court orders and court-approved public comments and peer review could be combined into one rule, settlement agreements requiring that comments on proposed rules and thereby being more efficient in our petition findings or listing incorporating relevant information into work. In FY 2010, we are using some of determinations be completed by a final rules. The number of listing the critical habitat subcap funds to fund specific date; section 4 (of the Act) actions that we can undertake in a given actions with statutory deadlines. listing actions with absolute statutory year also is influenced by the Thus, through the listing cap, the deadlines; essential litigation-related, complexity of those listing actions; that critical habitat subcap, and the amount administrative, and listing program- is, more complex actions generally are of funds needed to address court- management functions; and high- more costly. For example, during the mandated critical habitat designations, priority listing actions for some of our past several years, the cost (excluding Congress and the courts have in effect candidate species. In 2009, the publication costs) for preparing a 12– determined the amount of money responsibility for listing foreign species month finding, without a proposed rule, available for other listing activities. under the Act was transferred from the has ranged from approximately $11,000 Therefore, the funds in the listing cap, Division of Scientific Authority, for one species with a restricted range other than those needed to address International Affairs Program, to the and involving a relatively court-mandated critical habitat for Endangered Species Program. Starting uncomplicated analysis to $305,000 for already listed species, set the limits on in FY 2010, a portion of our funding is another species that is wide-ranging and our determinations of preclusion and being used to work on the actions involving a complex analysis. expeditious progress. described above as they apply to listing We cannot spend more than is Congress also recognized that the actions for foreign species. This has the appropriated for the Listing Program availability of resources was the key potential to further reduce funding without violating the Anti-Deficiency element in deciding, when making a 12– available for domestic listing actions, Act (see 31 U.S.C. 1341(a)(1)(A)). In month petition finding, whether we although there are currently no foreign addition, in FY 1998 and for each fiscal would prepare and issue a listing species issues included in our high- year since then, Congress has placed a proposal or instead make a ‘‘warranted priority listing actions at this time. The statutory cap on funds which may be but precluded’’ finding for a given allocations for each specific listing expended for the Listing Program, equal species. The Conference Report action are identified in the Service’s FY to the amount expressly appropriated accompanying Public Law 97-304, 2010 Allocation Table (part of our for that purpose in that fiscal year. This which established the current statutory administrative record). cap was designed to prevent funds deadlines and the warranted-but- In FY 2007, we had more than 120 appropriated for other functions under precluded finding, states (in a species with an LPN of 2, based on our

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September 21, 1983, guidance for candidates, we are applying the ranking available for a species). Therefore, work assigning an LPN for each candidate criteria to the next group of candidates on a proposed listing determination for species (48 FR 43098). Using this with an LPN of 2 and 3 to determine the the Jemez Mountains salamander is guidance, we assign each candidate an next set of highest priority candidate precluded by work on higher priority LPN of 1 to 12, depending on the species. candidate species; listing actions with magnitude of threats (high vs. moderate To be more efficient in our listing absolute statutory, court ordered, or to low), immediacy of threats (imminent process, as we work on proposed rules court-approved deadlines; and final or nonimminent), and taxonomic status for these species in the next several listing determinations for those species of the species (in order of priority: years, we are preparing multi-species that were proposed for listing with monotypic genus (a species that is the proposals when appropriate, and these funds from previous fiscal years. This sole member of a genus); species; or part may include species with lower priority work includes all the actions listed in of a species (subspecies, distinct if they overlap geographically or have the tables below under expeditious population segment, or significant the same threats as a species with an progress. LPN of 2. In addition, available staff portion of the range)). The lower the As explained above, a determination listing priority number, the higher the resources are also a factor in determining high-priority species that listing is warranted but precluded listing priority (that is, a species with an must also demonstrate that expeditious LPN of 1 would have the highest listing provided with funding. Finally, proposed rules for reclassification of progress is being made to add or remove priority). Because of the large number of threatened species to endangered are qualified species to and from the Lists high-priority species, we further ranked lower priority, since as listed species, of Endangered and Threatened Wildlife the candidate species with an LPN of 2 they are already afforded the protection and Plants. (Although we do not discuss by using the following extinction-risk of the Act and implementing it in detail here, we are also making type criteria: International Union for the regulations. expeditious progress in removing Conservation of Nature and Natural We assigned the Jemez Mountains species from the Lists under the Resources (IUCN) Red list status/rank, salamander an LPN of 2, based on our Recovery program, which is funded by Heritage rank (provided by finding that the species faces immediate a separate line item in the budget of the NatureServe), Heritage threat rank and high magnitude threats from the Endangered Species Program. As (provided by NatureServe), and species present or threatened destruction, explained above in our description of currently with fewer than 50 modification, or curtailment of its the statutory cap on Listing Program individuals, or 4 or fewer populations. habitat; predation; and the inadequacy funds, the Recovery Program funds and Those species with the highest IUCN of existing regulatory mechanisms. One actions supported by them cannot be rank (critically endangered), the highest or more of the threats discussed above considered in determining expeditious Heritage rank (G1), the highest Heritage are occurring in each known population progress made in the Listing Program.) threat rank (substantial, imminent in the United States. These threats are As with our ‘‘precluded’’ finding, threats), and currently with fewer than ongoing and, in some cases (e.g., expeditious progress in adding qualified 50 individuals, or fewer than 4 nonnative species), considered species to the Lists is a function of the populations, comprised a group of irreversible. Under our 1983 Guidelines, resources available and the competing approximately 40 candidate species a ‘‘species’’ facing imminent high- demands for those funds. Given that (‘‘Top 40’’). These 40 candidate species magnitude threats is assigned an LPN of limitation, we find that we are making have had the highest priority to receive 1, 2, or 3 depending on its taxonomic progress in FY 2010 in the Listing funding to work on a proposed listing status. Because the Jemez Mountains Program. This progress included determination. As we work on proposed salamander is a species, we assigned it preparing and publishing the following and final listing rules for these 40 an LPN of 2 (the highest category determinations:

TABLE 1: FY 2010 COMPLETED LISTING ACTIONS

Publication Date Title Actions FR Pages

10/08/2009 Listing Lepidium papilliferum (Slickspot Final Listing Threatened 74 FR 52013-52064 Peppergrass) as a Threatened Species Through- out Its Range

10/27/2009 90-day Finding on a Petition To List the American Notice of 90–day Petition 74 FR 55177-55180 Dipper in the Black Hills of South Dakota as Finding, Not substantial Threatened or Endangered

10/28/2009 Status Review of Arctic Grayling (Thymallus Notice of Intent to Con- 74 FR 55524-55525 arcticus) in the Upper Missouri River System duct Status Review

11/03/2009 Listing the British Columbia Distinct Population Proposed Listing Threat- 74 FR 56757-56770 Segment of the Queen Charlotte Goshawk Under ened the Endangered Species Act: Proposed rule.

11/03/2009 Listing the Salmon-Crested Cockatoo as Threat- Proposed Listing Threat- 74 FR 56770-56791 ened ened Throughout Its Range with Special Rule

11/23/2009 Status Review of Gunnison sage-grouse Notice of Intent to Con- 74 FR 61100-61102 (Centrocercus duct Status Review minimus)

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TABLE 1: FY 2010 COMPLETED LISTING ACTIONS—Continued

Publication Date Title Actions FR Pages

12/03/2009 12-Month Finding on a Petition to List the Black- Notice of 12–month peti- 74 FR 63343-63366 tailed Prairie Dog as Threatened or Endangered tion finding, Not war- ranted

12/03/2009 90-Day Finding on a Petition to List Sprague’s Pipit Notice of 90–day Petition 74 FR 63337-63343 as Finding, Substantial Threatened or Endangered

12/15/2009 90-Day Finding on Petitions To List Nine Species Notice of 90–day Petition 74 FR 66260-66271 of Mussels From Texas as Threatened or Endan- Finding, Substantial gered With Critical Habitat

12/16/2009 Partial 90-Day Finding on a Petition to List 475 Notice of 90–day Petition 74 FR 66865-66905 Species in the Southwestern United States as Finding, Not substantial Threatened or Endangered With Critical Habitat and Subtantial

12/17/2009 12–month Finding on a Petition To Change the Notice of 12–month peti- 74 FR 66937-66950 Final Listing of the Distinct Population Segment tion finding, Warranted of the Canada Lynx To but Include New Mexico precluded

1/05/2010 Listing Foreign Bird Species in Peru and Bolivia as Proposed 75 FR 605-649 Endangered Throughout Their Range ListingEndangered

1/05/2010 Listing Six Foreign Birds as Endangered Through- Proposed 75 FR 286-310 out Their Range ListingEndangered

1/05/2010 Withdrawal of Proposed Rule to List Cook’s Petrel Proposed rule, withdrawal 75 FR 310-316

1/05/2010 Final Rule to List the Galapagos Petrel and Final Listing Threatened 75 FR 235-250 Heinroth’s Shearwater as Threatened Throughout Their Ranges

1/20/2010 Initiation of Status Review for Agave eggersiana Notice of Intent to Con- 75 FR 3190-3191 and Solanum conocarpum duct Status Review

2/09/2010 12–month Finding on a Petition to List the Amer- Notice of 12–month peti- 75 FR 6437-6471 ican Pika as Threatened or Endangered tion finding, Not war- ranted

2/25/2010 12-Month Finding on a Petition To List the Sonoran Notice of 12–month peti- 75 FR 8601-8621 Desert Population of the Bald Eagle as a Threat- tion finding, Not war- ened or ranted Endangered Distinct Population Segment

2/25/2010 Withdrawal of Proposed Rule To List the South- Withdrawal of Proposed 75 FR 8621-8644 western Rule to List Washington/Columbia River Distinct Population Segment of Coastal Cutthroat Trout (Oncorhynchus clarki clarki) as Threatened

3/18/2010 90-Day Finding on a Petition to List the Berry Cave Notice of 90–day Petition 75 FR 13068-13071 salamander as Endangered Finding, Substantial

3/23/2010 90-Day Finding on a Petition to List the Southern Notice of 90–day Petition 75 FR 13717-13720 Hickorynut Mussel (Obovaria jacksoniana) as En- Finding, Not substantial dangered or Threatened

3/23/2010 90-Day Finding on a Petition to List the Striped Notice of 90–day Petition 75 FR 13720-13726 Newt as Threatened Finding, Substantial

3/23/2010 12-Month Findings for Petitions to List the Greater Notice of 12–month peti- 75 FR 13910-14014 Sage-Grouse (Centrocercus urophasianus)as tion finding,Warranted Threatened or but Endangered precluded

3/31/2010 12-Month Finding on a Petition to List the Tucson Notice of 12–month peti- 75 FR 16050-16065 Shovel-Nosed Snake (Chionactis occipitalis tion finding,Warranted klauberi) as Threatened or Endangered with Crit- but ical Habitat precluded

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TABLE 1: FY 2010 COMPLETED LISTING ACTIONS—Continued

Publication Date Title Actions FR Pages

4/5/2010 90-Day Finding on a Petition To List Thorne’s Notice of 90–day Petition 75 FR 17062-17070 Hairstreak Finding, Substantial Butterfly as or Endangered

4/6/2010 12–month Finding on a Petition To List the Moun- Notice of 12–month peti- 75 FR 17352-17363 tain Whitefish in the Big Lost River, Idaho, as En- tion finding, Not war- dangered or Threatened ranted

4/6/2010 90-Day Finding on a Petition to List a Stonefly Notice of 90–day Petition 75 FR 17363-17367 (Isoperla jewetti) and a Mayfly (Fallceon eatoni) Finding, Not substantial as Threatened or Endangered with Critical Habitat

4/7/2010 12-Month Finding on a Petition to Reclassify the Notice of 12–month peti- 75 FR 17667-17680 Delta Smelt From Threatened to Endangered tion finding,Warranted Throughout Its Range but precluded

4/13/2010 Determination of Endangered Status for 48 Species Final ListingEndangered 75 FR 18959-19165 on Kauai and Designation of Critical Habitat

4/15/2010 Initiation of Status Review of the North American Notice of Initiation of Sta- 75 FR 19591-19592 Wolverine in the Contiguous United States tus Review

4/15/2010 12-Month Finding on a Petition to List the Wyoming Notice of 12–month peti- 75 FR 19592-19607 Pocket Gopher as Endangered or Threatened tion finding, Not war- with Critical Habitat ranted

4/16/2010 90-Day Finding on a Petition to List a Distinct Pop- Notice of 90–day Petition 75 FR 19925-19935 ulation Finding, Substantial Segment of the Fisher in Its United States Northern Rocky Mountain Range as Endangered or Threatened with Critical Habitat

4/20/2010 Initiation of Status Review for Sacramento splittail Notice of Initiation of Sta- 75 FR 20547-20548 (Pogonichthys macrolepidotus) tus Review

4/26/2010 90-Day Finding on a Petition to List the Harlequin Notice of 90–day Petition 75 FR 21568-21571 Butterfly as Endangered Finding, Substantial

4/27/2010 12-Month Finding on a Petition to List Susan’s Notice of 12–month peti- 75 FR 22012-22025 Purse-making Caddisfly (Ochrotrichia susanae) tion finding, Not war- as Threatened or ranted Endangered

4/27/2010 90–day Finding on a Petition to List the Mohave Notice of 90–day Petition 75 FR 22063-22070 Ground Finding, Substantial Squirrel as Endangered with Critical Habitat

5/4/2010 90-Day Finding on a Petition to List Hermes Cop- Notice of 90–day Petition 75 FR 23654-23663 per Butterfly as Threatened or Endangered Finding, Substantial

6/1/2010 90-Day Finding on a Petition To List Castanea Notice of 90–day Petition 75 FR 30313-30318 pumila var. ozarkensis Finding, Substantial

6/1/2010 12–month Finding on a Petition to List the White- Notice of 12–month peti- 75 FR 30338-30363 tailed Prairie Dog as Endangered or Threatened tion finding, Not war- ranted

6/9/2010 90-Day Finding on a Petition To List van Rossem’s Notice of 90–day Petition 75 FR 32728-32734 Gull-billed Tern as Endangered orThreatened. Finding, Substantial

6/16/2010 90-Day Finding on Five Petitions to List Seven Notice of 90–day Petition 75 FR 34077-34088 Species of Finding, Substantial Hawaiian Yellow-faced Bees as Endangered

6/22/2010 12-Month Finding on a Petition to List the Least Notice of 12–month peti- 75 FR 35398-35424 Chub as Threatened or Endangered tion finding,Warranted but precluded

6/23/2010 90-Day Finding on a Petition to List the Honduran Notice of 90–day Petition 75 FR 35746-35751 Emerald Hummingbird as Endangered Finding, Substantial

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TABLE 1: FY 2010 COMPLETED LISTING ACTIONS—Continued

Publication Date Title Actions FR Pages

6/23/2010 Listing Ipomopsis polyantha (Pagosa Skyrocket) as Proposed 75 FR 35721-35746 Endangered Throughout Its Range, and Listing ListingEndangeredPro- Penstemon debilis (Parachute Beardtongue) and posed Listing Threat- Phacelia submutica (DeBeque Phacelia) as ened Threatened Throughout Their Range

6/24/2010 Listing the Flying Earwig Hawaiian Damselfly and Final ListingEndangered 75 FR 35990-36012 Pacific Hawaiian Damselfly As Endangered Throughout Their Ranges

6/24/2010 Listing the Cumberland Darter, Rush Darter, Proposed 75 FR 36035-36057 Yellowcheek Darter, Chucky Madtom, and Laurel ListingEndangered Dace as Endangered Throughout Their Ranges

6/29/2010 Listing the Mountain Plover as Threatened Reinstatement of Pro- 75 FR 37353-37358 posed ListingThreatened

Our expeditious progress also timelines, that is, timelines required they overlap geographically or have the includes work on listing actions that we under the Act. Actions in the bottom same threats as the species with the funded in FY 2010 but have not yet section of the table are high-priority high priority. Including these species been completed to date. These actions listing actions. These actions include together in the same proposed rule are listed below. Actions in the top work primarily on species with an LPN results in considerable savings in time section of the table are being conducted of 2, and selection of these species is and funding, as compared to preparing under a deadline set by a court. Actions partially based on available staff separate proposed rules for each of them in the middle section of the table are resources, and when appropriate, in the future. being conducted to meet statutory include species with a lower priority if

Actions funded in FY 2010 but not yet completed Species Action

Actions Subject to Court Order/Settlement Agreement

6 Birds from Eurasia Final listing determination

Flat-tailed horned lizard Final listing determination

Mountain plover Final listing determination

6 Birds from Peru Proposed listing determination

Sacramento splittail Proposed listing determination

Gunnison sage-grouse 12–month petition finding

Wolverine 12–month petition finding

Arctic grayling 12–month petition finding

Agave eggergsiana 12–month petition finding

Solanum conocarpum 12–month petition finding

Mountain plover 12–month petition finding

Thorne’s Hairstreak Butterfly 12–month petition finding

Hermes copper butterfly 12–month petition finding

Actions with Statutory Deadlines

Casey’s june beetle Final listing determination

Georgia pigtoe, interrupted rocksnail, and rough hornsnail Final listing determination

African penguin Final listing determination

3 Foreign bird species (Andean flamingo, Chilean woodstar, St. Lucia forest thrush) Final listing determination

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Actions funded in FY 2010 but not yet completed Species Action

5 Penguin species Final listing determination

Southern rockhopper penguin – Campbell Plateau population Final listing determination

5 Bird species from Colombia and Ecuador Final listing determination

7 Bird species from Brazil Final listing determination

Queen Charlotte goshawk Final listing determination

Salmon-crested cockatoo Proposed listing determination

Black-footed albatross 12–month petition finding

Mount Charleston blue butterfly 12–month petition finding

Mojave fringe-toed lizard1 12–month petition finding

Pygmy rabbit (rangewide)1 12–month petition finding

Kokanee – Lake Sammamish population1 12–month petition finding

Delta smelt (uplisting) 12–month petition finding

Cactus ferruginous pygmy-owl1 12–month petition finding

Northern leopard frog 12–month petition finding

Tehachapi slender salamander 12–month petition finding

Coqui Llanero 12–month petition finding

White-sided jackrabbit 12–month petition finding

Dusky tree vole 12–month petition finding

Eagle Lake trout1 12–month petition finding

29 of 206 species 12–month petition finding

Desert tortoise – Sonoran population 12–month petition finding

Gopher tortoise – eastern population 12–month petition finding

Amargosa toad 12–month petition finding

Pacific walrus 12–month petition finding

Wrights marsh thistle 12–month petition finding

67 of 475 southwest species 12–month petition finding

9 Southwest mussel species 12–month petition finding

14 parrots (foreign species) 12–month petition finding

Berry Cave salamander1 12–month petition finding

Striped Newt1 12–month petition finding

Fisher – Northern Rocky Mountain Range1 12–month petition finding

Mohave Ground Squirrel1 12–month petition finding

Puerto Rico Harlequin Butterfly 12–month petition finding

Western gull-billed tern 12–month petition finding

Ozark chinquapin (Castanea pumila var. ozarkensis) 12–month petition finding

HI yellow-faced bees 12–month petition finding

Southeastern pop snowy plover & wintering pop. of piping plover1 90–day petition finding

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Actions funded in FY 2010 but not yet completed Species Action

Eagle Lake trout1 90–day petition finding

Smooth-billed ani1 90–day petition finding

Bay Springs salamander1 90–day petition finding

32 species of snails and slugs1 90–day petition finding

Calopogon oklahomensis1 90–day petition finding

White-bark pine 90–day petition finding

42 snail species (Nevada & Utah) 90–day petition finding

Red knot roselaari subspecies 90–day petition finding

Peary caribou 90–day petition finding

Plain bison 90–day petition finding

Giant Palouse earthworm 90–day petition finding

Mexican gray wolf 90–day petition finding

Spring Mountains checkerspot butterfly 90–day petition finding

Spring pygmy sunfish 90–day petition finding

San Francisco manzanita 90–day petition finding

Bay skipper 90–day petition finding

Unsilvered fritillary 90–day petition finding

Texas kangaroo rat 90–day petition finding

Spot-tailed earless lizard 90–day petition finding

Eastern small-footed bat 90–day petition finding

Northern long-eared bat 90–day petition finding

Prairie chub 90–day petition finding

10 species of Great Basin butterfly 90–day petition finding

6 sand dune (scarab) beetles 90–day petition finding

Golden-winged warbler 90–day petition finding

Sand-verbena moth 90–day petition finding

Aztec (beautiful) gilia 90–day petition finding

Arapahoe snowfly 90–day petition finding

High Priority Listing Actions3

19 Oahu candidate species3 (16 plants, 3 damselflies) (15 with LPN = 2, 3 with LPN = 3, 1 with LPN =9) Proposed listing

17 Maui-Nui candidate species3 (14 plants, 3 tree snails) (12 with LPN = 2, 2 with LPN = 3, 3 with LPN = Proposed listing 8)

Sand dune lizard3 (LPN = 2) Proposed listing

2 Arizona springsnails3 (Pyrgulopsis bernadina (LPN = 2), Pyrgulopsis trivialis (LPN = 2)) Proposed listing

2 New Mexico springsnails3 (Pyrgulopsis chupaderae (LPN = 2), Pyrgulopsis thermalis (LPN = 11)) Proposed listing

2 mussels3 (rayed bean (LPN = 2), snuffbox No LPN) Proposed listing

2 mussels3 (sheepnose (LPN = 2), spectaclecase (LPN = 4),) Proposed listing

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Actions funded in FY 2010 but not yet completed Species Action

Ozark hellbender2 (LPN = 3) Proposed listing

Altamaha spinymussel3 (LPN = 2) Proposed listing

8 southeast mussels (southern kidneyshell (LPN = 2), round ebonyshell (LPN = 2), Alabama pearlshell Proposed listing (LPN = 2), southern sandshell (LPN = 5), fuzzy pigtoe (LPN = 5), Choctaw bean (LPN = 5), narrow pigtoe (LPN = 5), and tapered pigtoe (LPN = 11)) 1 Funds for listing actions for these species were provided in previous FYs. 2 We funded a proposed rule for this subspecies with an LPN of 3 ahead of other species with LPN of 2, because the threats to the species were so imminent and of a high magnitude that we considered emergency listing if we were unable to fund work on a proposed listing rule in FY 2008. 3 Funds for these high-priority listing actions were provided in FY 2008 or 2009.

We have endeavored to make our determine if a change in status is Ecological Services Field Office (see listing actions as efficient and timely as warranted, including the need to make ADDRESSES section). possible, given the requirements of the prompt use of emergency listing Authors relevant law and regulations, and procedures. constraints relating to workload and We intend that any proposed listing The primary authors of this rule are personnel. We are continually action for the Jemez Mountains the staff members of the New Mexico considering ways to streamline salamander will be as accurate as Ecological Services Office. processes or achieve economies of scale, possible. Therefore, we will continue to Authority such as by batching related actions accept additional information and together. Given our limited budget for comments from all concerned The authority for this section is implementing section 4 of the Act, these governmental agencies, the scientific section 4 of the Endangered Species Act actions described above collectively community, industry, or any other of 1973, as amended (16 U.S.C. 1531 et constitute expeditious progress. interested party concerning this finding. seq.). Dated: August 23, 2010. The Jemez Mountains salamander will References Cited be added to the list of candidate species Wendi Weber, upon publication of this 12–month A complete list of all references is Acting Deputy Director, Fish and Wildlife finding. We will continue to monitor the available on the Internet at http:// Service. status of this species as new information www.regulations.gov or upon request [FR Doc. 2010–22455 Filed 9–8–10; 8:45 am] becomes available. This review will from the Field Supervisor, New Mexico BILLING CODE 4310–55–S

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