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(SI–7J), 77 West Jackson Boulevard, Friday, 8:30 a.m. to 4:30 p.m., excluding DEPARTMENT OF THE INTERIOR Chicago, IL 60604. Such deliveries are federal holidays. Fish and Wildlife Service only accepted during the docket’s • Greenup City Clerk’s Office, normal hours of operation, and special Greenup Municipal Building, 115 50 CFR Part 17 arrangements should be made for Cumberland Avenue, Greenup, IL deliveries of boxed information. The 62424, Phone: (217) 923–3401, Hours: normal business hours are Monday [Docket No. FWS–R6–ES–2012–0003; Monday through Friday, 7:30 a.m. to 4500030113] through Friday, 8:30 a.m. to 4:30 p.m., 4:30 p.m. excluding federal holidays. Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: Instructions: Direct your comments to and Plants; 90-Day Finding on a Docket ID No. EPA–HQ–SFUND–1983– Gladys Beard, NPL Deletion Process Petition To List the Eastern or 0002. EPA’s policy is that all comments Manager, U.S. Environmental Protection Southern Rocky Mountain Population received will be included in the public Agency (SR–6J), 77 West Jackson of the Boreal Toad as an Endangered docket without change and may be Boulevard, Chicago, IL 60604, (312) or Threatened Distinct Population made available online at http:// 886–7253, or [email protected]. Segment www.regulations.gov, including any SUPPLEMENTARY INFORMATION: In the personal information provided, unless AGENCY: Fish and Wildlife Service, ‘‘Rules and Regulations’’ section of the comment includes information Interior. today’s Federal Register, we are claimed to be Confidential Business publishing a direct final Notice of ACTION: Notice of petition finding and Information (CBI) or other information initiation of status review. whose disclosure is restricted by statute. Deletion of the A & F Material Do not submit information that you Reclaiming Inc. Superfund Site without SUMMARY: We, the U.S. Fish and consider to be CBI or otherwise prior Notice of Intent to Delete because Wildlife Service (Service), announce a protected through http:// we view this as a noncontroversial 90-day finding on a petition to list either www.regulations.gov or email. The revision and anticipate no adverse the Eastern population or the Southern http://www.regulations.gov Web site is comment. We have explained our Rocky Mountain (SRM) population of an ‘‘anonymous access’’ system, which reasons for this deletion in the preamble the boreal toad (Anaxyrus boreas means EPA will not know your identity to the direct final Notice of Deletion, boreas) as a distinct population segment or contact information unless you and those reasons are incorporated (DPS) that is endangered or threatened provide it in the body of your comment. herein. If we receive no adverse under the Endangered Species Act of If you send an email comment directly comment(s) on this deletion action, we 1973, as amended (Act), and to to EPA without going through http:// will not take further action on this designate critical habitat. Based on our www.regulations.gov, your email Notice of Intent to Delete. If we receive review, we find that the petition address will be automatically captured adverse comment(s), we will withdraw presents substantial scientific or and included as part of the comment the direct final Notice of Deletion, and commercial information indicating that that is placed in the public docket and it will not take effect. We will, as listing the Eastern population of the made available on the Internet. If you appropriate, address all public boreal toad as a DPS may be warranted. submit an electronic comment, EPA comments in a subsequent final Notice We did not find substantial information recommends that you include your of Deletion based on this Notice of that listing the SRM population of the name and other contact information in Intent to Delete. We will not institute a boreal toad as a DPS may be warranted. the body of your comment and with any second comment period on this Notice Therefore, with the publication of this disk or CD–ROM you submit. If EPA of Intent to Delete. Any parties notice, we are initiating a review of the cannot read your comment due to interested in commenting must do so at status of the Eastern population to technical difficulties and cannot contact this time. determine if listing it as a DPS is you for clarification, EPA may not be For additional information, see the warranted. To ensure that this status review is comprehensive, we are able to consider your comment. direct final Notice of Deletion which is requesting scientific and commercial Electronic files should avoid the use of located in the ‘‘Rules and Regulations’’ data and other information regarding the special characters, any form of section of this Federal Register. encryption, and be free of any defects or potential DPS. Based on the status viruses. List of Subjects in 40 CFR Part 300 review, we will issue a 12-month finding on the petition, which will Docket Environmental protection, Air address whether the petitioned action is All documents in the docket are listed pollution control, Chemicals, Hazardous warranted, as provided in the Act. in the http://www.regulations.gov index. waste, Hazardous substances, DATES: To allow us adequate time to Although listed in the index, some Intergovernmental relations, Penalties, conduct this review, we request that we information may not be publicly Reporting and recordkeeping receive information on or before June available, e.g., CBI or other information requirements, Superfund, Water 11, 2012. The deadline for submitting an whose disclosure is restricted by statute. pollution control, and Water supply. electronic comment using the Federal Certain other material, such as Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. eRulemaking Portal (see ADDRESSES copyrighted material, will be publicly 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, section, below) is 11:59 p.m. Eastern available only in the hard copy. Publicly 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; Time on this date. After June 11, 2012, available docket materials are available 3 CFR, 1987 Comp., p. 193. you must submit information directly to either electronically at http:// Dated: March 19, 2012. the Field Office (see FOR FURTHER www.regulations.gov or in hard copy at: INFORMATION CONTACT section below). • U.S. Environmental Protection Susan Hedman, Please note that we might not be able to Agency—Region 5, 77 West Jackson Regional Administrator, Region 5. address or incorporate information that Boulevard, Chicago, IL 60604, Phone: [FR Doc. 2012–8859 Filed 4–11–12; 8:45 am] we receive after the above requested (312) 353–1063, Hours: Monday through BILLING CODE 6560–50–P date.

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ADDRESSES: You may submit species under section 4(a) of the Act (16 that we withhold this personal information by one of the following U.S.C. 1531 et seq.), which are: identifying information from public methods: (a) The present or threatened review. However, we cannot guarantee (1) Electronically: Go to the Federal destruction, modification, or that we will be able to do so. We will eRulemaking Portal: http:// curtailment of its habitat or range; post all hardcopy submissions on www.regulations.gov. In the Enter (b) Overutilization for commercial, http://www.regulations.gov. Keyword or ID box, enter Docket No. recreational, scientific, or educational Information and supporting FWS–R6–ES–2012–0003, which is the purposes; documentation that we received and docket number for this action. Then (c) Disease or predation; used in preparing this finding is click on the Search button. You may (d) The inadequacy of existing available for you to review at http:// submit a comment by clicking on ‘‘Send regulatory mechanisms; or www.regulations.gov, or by a Comment or Submission.’’ (e) Other natural or manmade factors appointment, during normal business (2) By hard copy: Submit by U.S. mail affecting its continued existence. hours, at the U.S. Fish and Wildlife or hand–delivery to: Public Comments If, after the status review, we Service, Western Colorado Ecological Processing, Attn: FWS–R6–ES–2012– determine that listing the Eastern Services Office (see FOR FURTHER 0003; Division of Policy and Directives population of the boreal toad is INFORMATION CONTACT). Management; U.S. Fish and Wildlife warranted, we will propose critical Background Service; 4401 N. Fairfax Drive, MS habitat (see definition in section 3(5)(A) 2042–PDM; Arlington, VA 22203. of the Act) under section 4 of the Act, Section 4(b)(3)(A) of the Act requires We will not accept e-mail or faxes. We to the maximum extent prudent and that we make a finding on whether a will post all information we receive on determinable at the time we propose to petition to list, delist, or reclassify a http://www.regulations.gov. This list the species. Therefore, we also species presents substantial scientific or generally means that we will post any request data and information on: commercial information indicating that personal information you provide us (1) What may constitute ‘‘physical or the petitioned action may be warranted. (see the Request for Information section biological features essential to the We are to base this finding on below for more details). conservation of the species,’’ within the information provided in the petition, FOR FURTHER INFORMATION CONTACT: geographical range currently occupied supporting information submitted with Western Colorado Supervisor, Western by the species; the petition, and information otherwise Colorado Ecological Services Office, (2) Where these features are currently available in our files. To the maximum Grand Junction, CO; by telephone at found; extent practicable, we are to make this 970–243–2778; or by facsimile at 970– (3) Whether any of these features may finding within 90 days of our receipt of 245–6933. If you use a require special management the petition and publish our notice of telecommunications device for the deaf considerations or protection; the finding promptly in the Federal (TDD), please call the Federal (4) Specific areas outside the Register. Information Relay Service (FIRS) at geographical area occupied by the Our standard for substantial scientific 800–877–8339. species that are ‘‘essential for the or commercial information within the conservation of the species’’; and Code of Federal Regulations (CFR) with SUPPLEMENTARY INFORMATION: (5) What, if any, critical habitat you regard to a 90-day petition finding is Request for Information think we should propose for designation ‘‘that amount of information that would When we make a finding that a if the species is proposed for listing, and lead a reasonable person to believe that petition presents substantial why such habitat meets the the measure proposed in the petition information indicating that listing a requirements of section 4 of the Act. may be warranted’’ (50 CFR 424.14(b)). Please include sufficient information species may be warranted, we are If we find that substantial scientific or with your submission (such as scientific required to promptly review the status commercial information was presented, journal articles or other publications) to of the species (status review). For the we are required to promptly conduct a allow us to verify any scientific or status review to be complete and based species status review, which we commercial information you include. on the best available scientific and subsequently summarize in our Submissions merely stating support commercial information, we request 12-month finding. for or opposition to the action under information on the Eastern population consideration without providing Petition History of the boreal toad from governmental supporting information, although noted, On May 25, 2011, we received a agencies, Native American tribes, the will not be considered in making a petition of the same date from the scientific community, industry, and any determination. Section 4(b)(1)(A) of the Center for Biological Diversity, the other interested parties. We seek Act directs that determinations as to Center for Native Ecosystems, and the information on: Biodiversity Conservation Alliance, (1) The species’ biology, range, and whether any species is an endangered or requesting that either the Eastern or population trends, including: threatened species must be made (a) Habitat requirements for feeding, ‘‘solely on the basis of the best scientific SRM population of the boreal toad be breeding, and sheltering; and commercial data available.’’ listed as an endangered or threatened (b) Genetics and taxonomy; You may submit your information DPS and that critical habitat be (c) Historical and current range concerning this status review by one of designated under the Act. The including distribution patterns; the methods listed in the ADDRESSES petitioners also requested that if boreal (d) Historical and current population section. If you submit information via toads in either the Eastern or SRM levels, and current and projected trends; http://www.regulations.gov, your entire population are designated as separate and submission—including any personal species during consideration of the (e) Past and ongoing conservation identifying information—will be posted petition (based on recent and ongoing measures for the species, its habitat or on the Web site. If your submission is genetic studies) that both species be both. made via a hardcopy that includes listed under the Act. We note the (2) The factors that are the basis for personal identifying information, you request to list either population as a making a listing determination for a may request at the top of your document DPS, or, if the two populations are

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found to be separate species, to list each the boreal toad were completed. The Other authors recognize up to four as a separate species; however, there are most recent assessment was published subspecies, with the Amargosa toad (A. currently no scientific papers calling for in the Federal Register on May 11, 2005 nelsoni or A. b. nelsoni) and black toad species designations for these two (70 FR 24870). (A. exsul) or (A. b. exsul) being the other populations. Consequently, this 90-day On October 7, 2002, as part of an two potential subspecies (Crother 2000 finding examines only the possibility of agreement regarding multiple species, (2001), p. 7; 2008, pp. 2–4; Stebbins listing the Eastern or SRM population as the U.S. Department of the Interior 2003, pp. 208–209, map 32). The a DPS or two DPSs, and not the species reached an out-of-court settlement with Yosemite toad (A. canorus) also is question. several conservation organizations and considered to be a distinct but closely The petitioners included the requisite agreed to make a final determination for related species (Stebbins 2003, p. 210– information in the petition, as required listing the SRM population of the boreal 211). All of the toad species and at 50 CFR 424.14(a). In a June 23, 2011, toad by no later than September 30, subspecies mentioned above are letter to the petitioners, we responded 2005. In the 2005 Annual Notice of considered by Goebel et al. (2009, that we reviewed the information Findings on Resubmitted Petitions, we pp. 221, 223) and Switzer et al. (2009, presented in the petition and noted that a determination for the boreal pp. 25–26) to comprise the A. boreas determined that issuing an emergency toad would be funded in Fiscal Year group. Deoxyribonucleic acid (DNA) regulation temporarily listing the 2005 (70 FR 24870). On September 29, analyses by these two sets of authors species as endangered under section 2005, we reached a determination in the suggest that a taxonomic change to the 4(b)(7) of the Act was not warranted. We revised 12-month Finding that the SRM A. boreas group could be appropriate. also stated that we would initiate population of the boreal toad did not Two different studies analyzing response to the petition in Fiscal Year warrant listing because it was not a mitochondrial DNA (mtDNA) from 2011 and would finalize a response in listable entity according to the DPS boreal toads and other closely related Fiscal Year 2012 (approximately March criteria and, therefore, should be species and subspecies conclude that 2012). This finding addresses the withdrawn from the candidate list (70 toads within the SRM population petition. FR 56880). When the boreal toad was (southeastern Wyoming, Colorado, and New Mexico) and southwestern Previous Federal Action(s) put on the candidate list in 1995, the DPS policy did not yet exist, so current Wyoming, southeastern Idaho, On September 30, 1993, the Service criteria were not used to determine northeastern Nevada, and Utah form a received a petition from the Biodiversity whether the toad was a listable entity. population of genetically similar toads Legal Foundation of Boulder, Colorado, The combination of using the DPS termed the Eastern Major Clade (Goebel and Dr. Peter Hovingh, a researcher at criteria developed in1996 and genetic et al. 2009, p. 210, fig. 1) or Clade the University of Utah, Salt Lake City, and other information available during 3–1 (Switzer et al. 2009, p. 8). The Utah. The petitioners requested that the development of the 2005 finding led to combination of these two clades Service list the SRM population of the determinations that the SRM population (populations of genetically similar ‘‘western boreal toad’’ (a common name of the boreal toad was discrete based on toads), the Eastern Major Clade and sometimes used in the past for DPS discreteness criteria but was not Clade 3–1, primarily form the Eastern Anaxyrus boreas boreas) as endangered population (see the map in this notice). throughout its range in northern New significant based on DPS significance criteria. Therefore, it was not considered Switzer et al. (2009, fig. 3) also identify Mexico, Colorado, and southeastern a smaller clade (named Clade BO by Wyoming. The petitioners also a listable entity. On September 2, 2008, we received a Switzer et al.) based on a distinct requested that the Service designate notice of intent to sue from the Center haplotype in southern Utah that critical habitat. We published a notice of for Biological Diversity (dated August constitutes a small part of the Eastern a 90-day finding for the petition in the population (see the map in this Federal Federal Register on July 22, 1994 (59 FR 28, 2008) for violations of the Act (i.e., failure to issue a proposed rule in 2005 Register notice). Also examined within 37439), indicating that the petition and this finding are boreal toads found other readily available scientific and or subsequently list the toad), but a lawsuit never followed. within the part of the Northwest Major commercial information presented Clade that overlaps with the Eastern substantial information that the Species Information Major Clade (Goebel 2003, p. 2; Goebel petitioned action may be warranted. et al. 2009, p. 210, fig. 1). This overlap Taxonomy On March 23, 1995, the Service is further supported by Switzer et al. announced a 12-month finding that The Anaxyrus boreas (formerly Bufo (2009, fig. 3), who found that the area listing the SRM population of the boreal boreas) group of toads, of which the they designated as Clade 3–2 overlaps toad as an endangered DPS was boreal toad is a subspecies, are with Clade 3–1 (see the map in this warranted but precluded by other higher amphibians that occur throughout much notice). Clade 3–2 is a weakly supported priority actions (60 FR 15281). At that of the western United States. The clade that, in combination with Clade time, a listing priority number of 3 was species was first described from 3–3 and sister Clade 3–4, constitutes the assigned. When we find that a species specimens collected on the Columbia larger Clade 4–1 discussed in Switzer et is warranted but precluded for listing, River (Washington or Oregon) and Puget al. (2009, pp. 9–10, fig. 2). we refer to it as a candidate species. Sound (Washington) by Baird and The Northwest Major Clade extends Section 4(b)(3)(B) of the Act directs that Girard (1852). The genus for the boreal from western Wyoming and when we make a ‘‘warranted but toad was revised from Bufo to Anaxyrus northwestern Utah over to west-central precluded’’ finding on a petition, we are in 2006 (Frost et al. 2006, pp. 10, 213, California and up to southeastern to treat the petition as being one that is 218, 222, 281, 329, 350, 363), and the Alaska, including ranges of both the resubmitted annually on the date of the Service accepts this revision. boreal toad and the California toad finding; thus, the Act requires us to Two subspecies of the boreal toad (Goebel et al. 2009, p. 215). The Eastern reassess the petitioned actions and to have been recognized for many years, Major Clade extends from central publish a finding on the resubmitted the boreal toad (A. b. boreas, the subject Colorado to northeastern Nevada, and petition on an annual basis. Several of this finding) and the California toad from southern Wyoming to northern resubmitted candidate assessments for (A. b. halophilus) (Camp 1917, p. 116). New Mexico and Arizona (see the map

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in this notice). All of the toads within Clades 3–1 and 3–2) are considered to 215; Switzer et al. 2009, the Eastern Major Clade and overlap be boreal toads (Goebel et al. 2009, p. p. 3) (see the map in this notice). area of the Northwest Major Clade (or BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C refugia when snowmelt has cleared an juveniles is low, with predation and As illustrated in the map in this opening from their burrows and daily adverse environmental conditions notice, the combination of the outermost temperatures remain above freezing primarily responsible for mortality at extent of both 2009 genetic articles’ (Campbell 1970a, pp. 22, 99; Campbell these life stages (Campbell 1970a, p. 61). clade boundaries primarily form the 1970b, p. 281). Breeding can occur from Between 95 and 99 percent of juveniles boundaries of the Eastern population. late January to July, depending on die before reaching their second year of Two exceptions occur in west-central latitude, elevation, and local conditions life (Samollow 1980, p. 33). The Utah and eastern Nevada, where the (Stebbins 2003, p. 209). Breeding occurs minimum age of breeding boreal toads Eastern population boundary extends during a 2- to 4-week period from mid- is about 4 years in males and 6 years in beyond the clade boundaries (see map). May to mid-June at lower elevations, females (Hammerson 1999, p. 97). The petitioners based the Eastern and as late as mid-July at higher Females may skip 1 to 3 years between population boundaries on gross range elevations in the SRM population breeding attempts, and individuals may maps drawn by the International Union (Hammerson 1999, p. 96). Suitable live approximately 11 or 12 years (Olson for Conservation of Nature, creating the breeding sites are large bodies of water 1991, pp. 7, 14). two exceptions. Reduction in size of the or small pools, beaver ponds, glacial Eastern population from clade kettle ponds, roadside ditches, human- Distribution, Abundance, and Trends boundaries also occurs in Arizona, made ponds, and slow-moving streams The range of the boreal toad northwestern New Mexico, and the (Campbell 1970a, pp. 24–25; subspecies (Anaxyrus boreas boreas) other States, based on lack of habitat Hammerson 1999, p. 95). extends from coastal Alaska south and and no records of boreal toads ever Boreal toads have been observed to east through the Yukon Territory, the occurring in the excluded areas (see lay up to 16,500 eggs (Campbell 1970a, extreme southwest corner of the map). p. 24), and, in Colorado they have been Northwest Territory, British Columbia, Portions of Goebel et al.’s (2009, p. observed laying up to 10,900 eggs western Alberta, Washington, Oregon, 210, fig. 1) Northwest Major Clade and (Hammerson 1999, p. 96), with an northern California, northern Nevada, Switzer et al.’s (2009, fig. 3) Clade 3–2 overall mean clutch size of 6,661 eggs Idaho, western Montana, western and are illustrated in the map in this notice, (Carey et al. 2005, p. 224). The eggs are southeastern Wyoming, central and and discussed in the ‘‘Evaluation of black and are deposited in long double- northern Utah, central to western Listable Entities’’ section below, layer jelly strings, with one to three Colorado, and extreme north-central because of their geographic and genetic rows of eggs (Hammerson 1999, p. 90). New Mexico (Stebbins 2003, map 32; overlap with the Eastern Major Clade Eggs hatch 1 to 2 weeks after being laid. Goebel et al. 2009, p 210). No records and Clade 3–1 and their necessary Egg and tadpole development is of the boreal toad exist from Arizona or consideration in making a temperature-dependent, and northwestern New Mexico, and, determination on whether the Eastern reproductive efforts may fail if tadpoles therefore, we do not consider the range population is a listable entity. The other do not have sufficient time to of the boreal toad to include Arizona or petitioned entity, the SRM population of metamorphose before the onset of northwestern New Mexico. the boreal toad, is a subset of the Eastern winter. Persistent, shallow bodies of The range of the SRM population population (see map). water are critical to breeding success, includes southeastern Wyoming through Biology and if the breeding site dries before the mountainous region of central to metamorphosis is complete, desiccation west-central Colorado, and into extreme Boreal toads may reach a length of the tadpoles or eggs will occur. north-central New Mexico. The range of (snout to vent) of 12.7 centimeters (5 Tadpoles typically metamorphose by the Eastern population encompasses the inches) (Hammerson 1999, p. 90; late July to late August, but at higher SRM population and also includes Stebbins 2003, p. 208). They possess elevations metamorphosis may not be southwestern Wyoming, southeastern warty skin, oval parotoid glands, and complete until late September (Loeffler Idaho, northeastern Nevada, and Utah often have a distinctive light mid-dorsal 2001, p. 7). Recently metamorphosed (Goebel et al. 2009, p. 210; Switzer et al. stripe. During the breeding season, toadlets (metamorphs) aggregate within 2009, p. 8, figure 3; Greenwald et al. males develop a dark patch on the inner a few meters of the water and move into 2011, pp. 17, 56–72) (see the map in this surface of the innermost digit. Unlike nearby moist habitats later in summer. notice). many other toad species, the boreal toad After mating, adults often disperse to has no vocal sac and, therefore, upland, terrestrial habitats, where they SRM Population produces no mating call (Hammerson are mostly active during the day in early Southeastern Wyoming 1999, p. 90). Tadpoles are black or dark and late summer (Mullally 1958, entire; brown. Campbell 1970a, pp. 84–86; Carey 1978, In southeastern Wyoming, the boreal Boreal toads in the SRM population pp. 203, 206, 211), foraging primarily on toad was once widespread and typically occupy habitat at elevations ants, beetles, spiders, and other numerous in the Medicine Bow, Pole, between 2,440 meters (m) (8,000 feet invertebrates (Schonberger 1945, p. 121; Snowy, and Sierra Madre Mountain (ft)) and 3,350 m (11,000 ft) (Loeffler Campbell 1970a, p. 69–71). Late in the Ranges (Baxter and Stone 1985, p. 31; 2001, p. 6). However, within the Eastern summer the toads will expand their Keinath and Bennett 2000, p. 4). population, they have been recorded as home ranges, generally in the direction Declines in populations were low as 1,570 m (5,150 ft) and as high as of wintering habitats, which include documented in southeastern Wyoming 3,661 m (12,000 ft) (Livo and Yeakley cavities among streamside boulders, from 1986 through 1988 (Corn et al. 1997, p. 143; Thompson et al. 2004, p. ground squirrel burrows, and beaver 1989, pp. iv, 26), and the subspecies is 256; Hogrefe et al. 2005, p. 7). Boreal lodges and dams (Campbell 1970a, pp. now rare in southeastern Wyoming toads occurring further north and west 50, 87; Hammerson 1999, p. 94). (Keinath and Bennett 2000, p. 4; Jackson from the SRM population occupy lower Survival of embryos from laying to 2008, p. 4). Distribution, abundance, elevations and are found down to sea hatching is normally high, but and trends of SRM toads are based on level on the Pacific coast (Stebbins catastrophic mortality has been field monitoring from 1997 through 2003, p. 209). At higher elevations, observed (Blaustein and Olson 1991, 2011, but the latest written report ends adult boreal toads emerge from winter entire). Survival of tadpoles and with the 2007 field season (Jackson

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2008, entire). In 2003, toads were number of viable populations is status information in our files for observed in only seven southeastern primarily due to detection of chytrid southwestern Wyoming. Wyoming locations (in Albany and fungus (Batrachochytrium Southeastern Idaho Carbon Counties). Only one breeding dendrobatidis), hereafter abbreviated population is known to occur in ‘‘Bd,’’ a threat suspected in decline of Two genetic sample sites in southeastern Wyoming (Jackson 2008, boreal toad numbers and distribution southeastern Idaho occur within the pp. 91–92; Colorado Division of Wildlife (Jackson 2008, pp. 6, 10). The above Eastern population (Switzer et al. 2009, 2010, p. 1). However, this population information suggests boreal toad fig. 3 and table 8). We do not currently does not meet the population viability populations are declining in Colorado. have additional information on boreal criteria established in the SRM toad distribution or status in conservation plan that was written by New Mexico southeastern Idaho. the State-led Boreal Toad Recovery The boreal toad was known to occur Northeastern Nevada Team (composition of Team described in three Rio Arriba County, New in Factor D) (Loeffler 2001, p. 17–18). One boreal toad genetic sample has Mexico, localities: Lagunitas, Canjilon, been collected in northeastern Nevada The viability criteria specify the number and Trout Lakes (Campbell and of adults required at a breeding site, the (Goebel et al. 2009, pp. 210 and 212). Degenhardt 1971, entire; Jones 1978, p. We currently have no additional frequency of breeding activity, and the 3; New Mexico Department of Game and amount of egg production and information on the distribution or status Fish (NMDGF) 1988, p. 1; Degenhardt et of boreal toads in northeastern Nevada. recruitment needed to maintain a viable al. 1996, p. 49). Declines were first population. The criteria also specify that documented in New Mexico in the mid- Utah a viable population must face no known 1980s (Woodward and Mitchell 1985, p. significant and imminent threats to its The petition states that boreal toads 5; Carey 1987, pp. 1, 3). Surveys in 1993 are largely distributed throughout most habitat, health, or environmental revealed no populations at the three conditions. of their historical range in Utah, which previously known locations (Stuart and includes northern and central Utah Colorado Painter 1994, p. 115). No boreal toads (referencing Thompson et al. 2004, In Colorado, the boreal toad was were observed during surveys of the entire). Toads were considered to be historically known to occur in 25 Trout Lakes and Lagunitas areas of New irregularly distributed, and not all counties, and was common throughout Mexico in 2004 (Jackson 2005, p. 41). historical areas were occupied at the the higher elevations (Burger and Bragg Consequently, in 2008 a repatriation time of the Utah Boreal Toad 1947, pp. 61–62; Smith et al. 1965, p. 5; program was started at Trout Lakes with Conservation Plan’s development Keinath and McGee 2005, p. 22), except over 4,000 Colorado-reared tadpoles (Hogrefe et al. 2005, p. 5). The Utah for the Sangre de Cristo Mountains, Wet being released (NMDGF 2008, p. 2; Conservation Plan states that between Mountains, and Pikes Peak region USFWS 2009, p. 3). In 2009, over 3,400 1995 and 2004, toads were recorded at (Hammerson 1999, p. 90). tadpoles were released at Trout Lakes a minimum of 102 localities (Hogrefe et Disappearances of 11 populations in the (NMDGF 2010, p. 4–5; USFWS 2010, p. al. 2005, p. 5), and eight populations West Elk Mountains were documented 3). In 2009, only seven boreal toads from were considered viable (Hogrefe et al. between 1974 and 1982 (Carey 1993, pp. the 2008 release were recaptured 2005, p. 1). Ten populations in 2009 357–358). Surveys of 59 historically (NMDGF 2010, p. 3). were considered viable according to the occupied localities in Colorado between In summary, based on currently definition in the Utah Conservation Plan 1986 and 1988 failed to find individuals available data, the distribution and (Utah Division of Wildlife Resources in 83 percent (49 locations) of the sites abundance of boreal toads in the SRM (UDWR) 2010, pp. I–16, I–17, II–10, III– (Corn et al. 1989, p. iv). Surveys population appears to be declining. 5, IV–12). conducted in 1989 (249 locations) and In summary, based on currently 1991 (377 locations) in suitable habitat Eastern Population, Excluding the SRM available data, the number of viable and historical locations resulted in Portion of the Population (see above) populations appears stable in Utah, but finding boreal toads at 2 and 1 location, Southwestern Wyoming little information exists to evaluate the respectively (Hammerson 1989, pp. 41, current distribution or trend in 46, 50, 52, 53; Hammerson 1992, pp. 2, Relatively recent records (1993–2003) abundance in the Eastern population 142). The number of known breeding and historical records (pre-1993) of outside of the boundaries of the SRM populations increased from 1996 to boreal toad locations were compiled for population. 2007, from the high teens to mid-40s; southwestern Wyoming (McGee and however, the number of individuals in Keinath 2004, pp. 65–66). Historically, Evaluation of Listable Entities some breeding populations have boreal toads occurred in Uinta and Under section 3(16) of the Act, we declined significantly from large Lincoln Counties in the southwestern may consider for listing any species, numbers in the late 1990s or early 2000s corner and west-central edge of including subspecies, of fish, wildlife, to relatively few individuals as of 2007. Wyoming. One (nonbreeding) record or plants, or any DPS of vertebrate fish Many more breeding sites and breeding from far eastern Lincoln County was or wildlife that interbreeds when mature populations have had very few toads recorded in the 1993–2003 time period. (16 U.S.C. 1532(16)). Such entities are observed since their initial discovery Other recent records in the region are considered eligible for listing under the (Jackson 2008, pp. 12–91, 94). Despite from Sublette County bordering the Act (and, therefore, are referred to as knowledge of increased numbers of eastern side of Lincoln County. Juvenile listable entities) if we determine that locations of boreal toads, the Boreal or recently metamorphosed toads and they meet the definition of an Toad Recovery Team identified only tadpoles were collected in Sublette endangered or threatened species. The one population meeting the SRM County, Wyoming, for genetic analysis. petitioners have requested that either conservation plan definition of viable in The most southerly of the three toad the SRM population of the boreal toad 2006 and 2007, versus a high of six samples was grouped with the Eastern or the Eastern population of the boreal populations in 1999 (Loeffler 2001, p. population by Goebel (2003, p. 7). We toad be considered a DPS and listed as 17–18; Jackson 2008, p. 11). The lower do not have more recent distribution or endangered or threatened under the Act.

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Distinct Vertebrate Population Segment Discreteness Information Provided in notice). The greatest recorded distance In determining whether an entity the Petition of movement for a boreal toad in the constitutes a DPS, and is therefore The petition cites two genetic studies southern Rocky Mountains is 8 listable under the Act, we follow the (Goebel et al. 2009, entire; Switzer et al. kilometers (km) (5 miles (mi)) (Lambert Policy Regarding the Recognition of 2009, entire) that the petitioners believe 2003, p. 88). The map in this notice Distinct Vertebrate Population Segments support either that (1) the Eastern illustrates the gross range of the western Under the Endangered Species Act (DPS population, which would include the part of the Eastern population and the Policy) (61 FR 4722; February 7, 1996). SRM population, is markedly separate SRM population. We used complete Under our DPS Policy, we analyze three from other boreal toad populations hydrologic units to develop the eastern elements prior to listing a possible DPS: because of genetic differences and boundary of the western part of the (1) The discreteness of the population geographic separation, or (2) the SRM Eastern population. The petition maps segment in relation to the remainder of population is markedly separate from did not use complete hydrologic units, the taxon; (2) the significance of the the rest of the Eastern population, as particularly in northeastern Utah, but population segment to the taxon to well as all other boreal toad rather cut them off at State boundaries. which it belongs; and (3) the population populations, due to geographic The Red Desert separates these two segment’s conservation status in relation separation. The petitioners recognize portions of the Eastern population in to the Act’s standards for listing (e.g., is there may be overlap in genetics and Wyoming by about 126 km (78 mi), and the population segment, when treated as geography between the Eastern and arid habitat in western Colorado and if it were a species, endangered or SRM populations, as well as with other eastern Utah create separation of at least threatened?) (61 FR 4722). This finding populations within the range of the 84 km (52 mi). However, boreal toads considers whether the petitioned SRM species, but they believe that the level are not known to actually occupy the population or Eastern population of the of overlap is within the bounds allowed outer extent (lower elevations) of the boreal toad may be a DPS. by the DPS policy in that the DPS policy gross hydrologic units in the map in this does not ‘‘require absolute reproductive notice. Maps in the petition can be Discreteness isolation as a prerequisite to recognizing referred to in order to see hydrologic Under our DPS Policy, a population a distinct population segment’’ (61 FR units known to be occupied by boreal segment of a vertebrate species may be 4722). toads (Greenwald et al. 2011, pp. 56– considered discrete if it satisfies either 72). Looking at these hydrologic unit of one of the following conditions: (1) It is Significance Information Provided in occurrences, and based on relatively markedly separated from other the Petition current ranges described in Keinath and populations of the same taxon as a The petition states that both the McGee (2005, p. 16, fig. 7), consequence of physical, physiological, Eastern population and SRM population approximately 210 km (130 mi) of ecological, or behavioral factors occur in an unusual or unique separation occurs in Wyoming. At least (quantitative measures of genetic or ecological setting. The petition also 200 km (125 mi) of separation occurs in morphological discontinuity may states that a significant gap in the range eastern Utah and western Colorado provide evidence of this separation); or could occur if boreal toads are (Greenwald et al. 2011, pp. 9, 56–72). (2) it is delimited by international extirpated from either the Eastern Therefore, the large size and arid, governmental boundaries within which population (a 20 percent (or 161,422 inhospitable habitat of the Red Desert significant differences in control of square miles) loss of the species’ range and arid lands to the south in Colorado exploitation, management of habitat, in the conterminous United States) or and Utah likely create a geographic conservation status, or regulatory SRM population (a 5 percent (or 38,894 barrier to migrating toads. mechanisms exist (61 FR 4722). square miles) loss of the species’ range Mitochondrial DNA analysis indicates in the conterminous United States). that the SRM population is part of a Significance Furthermore, the petition states that the more widespread evolutionary lineage Under our DPS Policy, in addition to Eastern population is significant based that includes boreal toad populations our consideration that a population on Goebel et al. (2009, entire) and from Utah, northeastern Nevada, segment is discrete, we consider its Switzer et al. (2009, entire). The petition southeastern Idaho, and southwestern biological and ecological significance to further states that evidence shows that Wyoming (Goebel et al. 2009; Switzer et the taxon to which it belongs. This the SRM population may be significant al. 2009). However, since mtDNA consideration may include, but is not based on the potential for the SRM evolves slowly, taxonomic separation limited to, the following: population to be its own evolutionary based solely on mtDNA may not provide (1) Evidence of the persistence of the unit as evidenced by geographic clear taxonomic distinctions. For discrete population segment in an separation and greater diversity than example, a single haplotype from boreal ecological setting that is unusual or currently recognized species (Goebel et toads in the Uinta Mountains of Utah unique for the taxon; al. 2009, pp. 213, 221). also occurs in boreal toads in the SRM (2) Evidence that loss of the discrete population (Goebel et al. 2009, p. 221). population segment would result in a Evaluation of Information Provided in Discovery of this haplotype common to significant gap in the range of a taxon; the Petition and Available in Service both areas led to the combination of the (3) Evidence that the discrete Files on Discreteness of the SRM SRM population and the Uinta population segment represents the only Population Mountain site as a minor clade—that surviving natural occurrence of a taxon Based on evidence of feasible clade is named the Eastern Rocky that may be more abundant elsewhere as dispersal distances, the SRM population Mountain Minor Clade (Goebel et al. an introduced population outside its is likely geographically (physically) 2009, p. 217, figure 4). However, due to historical range; or separated from other populations of the the long distance separating the sites, (4) Evidence that the discrete boreal toad, including the western the occurrence of this haplotype in both population segment differs markedly portion of the Eastern population areas may be a result of incomplete from other populations of the species in (Keinath and McGee 2005, p. 16, fig. 7 lineage sorting commonly found in its genetic characteristics (61 FR 4722). and pp. 26–27) (see the map in this recently isolated groups (Goebel et al.

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2009, p. 221). In other words, boreal Through mtDNA analysis, Goebel northwesternmost extension of the toads from the Uinta Mountain site and (2003, pp. 8–9) found greater differences Eastern population, as asserted by the the SRM population may have interbred between boreal toads in the Eastern petition. However, limited boreal toad at one time thousands to millions of Major Clade versus the Northwest Major genetic sampling in the Bonneville years ago, but are not likely to have Clade than mtDNA differences found Basin, Relict Dace Basin, Lahontan interbred since then, and the similar between the Canadian toad (Bufo Basin, and an unnamed basin on the haplotype detection is simply a feature hemiophrys) and American toad (B. northern border of Nevada make the of the slow evolutionary changes that americanus), which are considered to be genetic overlap issue unclear in western can occur in portions of mtDNA. These two separate species. Goebel et al. Utah, northern Nevada, southwestern statements lend support to the idea that (2009, p. 15) provides further support Idaho, and eastern Oregon (Noles 2010, the geographic separation of the SRM for genetic differences, identifying the pp. 12, 38, 39, 50, 51). population has eliminated genetic Eastern and Northwest Major Clades of Based on genetic data, there appears interbreeding and the SRM population boreal toads as having different to be a continuum of boreal toad is discrete. However, further DNA haplotype groups. This mtDNA distribution from southeastern Idaho (particularly nuclear DNA (nDNA)) separation suggests the Eastern into western Wyoming and all the way studies are needed to provide population of boreal toads may be a to Alaska, as well as a continuum from clarification on taxonomy, before distinct species (or subspecies) from northwestern Utah, northern Nevada, genetic evidence could be used to toads in the Northwest Major Clade or southwestern Idaho, and eastern Oregon support genetic discreteness of the SRM other taxonomic entities of boreal toads all the way to Alaska (Goebel et al. 2009, population. to the north and west. Haplotypes found p. 210, 217; Switzer et al. 2009, figure Nonetheless, based on its current through mtDNA analysis and 3). However, the DPS policy allows for geographic separation from other boreal microsatellite DNA analysis are some overlap of interbreeding and states toad populations, we believe there is differentiated enough between Clade 3– that animals do not ‘‘require absolute substantial information to indicate that 1 (corresponding to the Eastern reproductive isolation as a prerequisite the SRM population may meet the DPS population) and Clade 3–2 to the north to recognizing a distinct population Policy definition of discreteness. that Switzer et al. (2009, p. 8, 23, 25) segment’’ and that ‘‘recognized species hypothesized Clade 3–1 could be its * * * are known to sustain a low Evaluation of Information Provided in own taxonomic entity. frequency of interbreeding with related the Petition and Available in Service The petition states that the Snake species’’ (61 FR 4722). Furthermore, as Files on Discreteness for the Eastern River Plain in Idaho geographically the DPS Policy explains, discreteness Population (which includes the SRM separates the boreal toad populations. ‘‘does not require absolute separation of population) Boreal toads might not cross the Snake a DPS from other members of its River Plain itself; however, based on species, because this can rarely be As referenced above, two different genetic samples, it does not appear that studies analyzing mtDNA from boreal demonstrated in nature for any the Plain is a genetic barrier (Switzer et population of organisms. This standard toads and other closely related species al. 2009, fig 3). Genetic samples from and subspecies conclude that toads [adopted by the DPS Policy] is believed Clade 3–2 (Switzer et al. 2009, fig. 3) to allow entities recognized under the within the SRM population and and the Northwest Major Clade (Goebel southwestern Wyoming, southeastern Act to be identified without requiring an et al. 2009, p. 210, fig. 1) occur north unreasonably rigid test of distinctness’’ Idaho, northeastern Nevada, and Utah and south of the Plain, which suggests form a population of genetically similar (61 FR 4722). Consequently, based boreal toad gene flow around the Snake primarily on mtDNA genetic evidence toads termed the Eastern Major Clade River Plain. The petition erroneously (Goebel et al. 2009, p. 210, fig. 1) or and phylogeographic evidence, we find states that the Hell’s Canyon portion of that the petition and our files contain Clade 3–1 (Switzer et al. 2009, p. 8, and the Snake River separates boreal toads fig. 3), which we refer to in this substantial information that the Eastern along the Idaho-Wyoming border. population of the boreal toad may be document as the Eastern population of Although the upper end of the Snake the boreal toad (see the map in this discrete, despite some genetic and River does occur on the Idaho-Wyoming geographic overlap with other boreal notice). Both studies acknowledge that border, Hell’s Canyon is on the Idaho- toad populations. We will further the Eastern population overlaps with Oregon border. examine this information during the areas identified as the Northwestern The petition also states that gene flow Major Clade (Goebel et al. 2009, p. 210, may occur to the west of the status review for the 12-month finding. fig. 1) or Clade 3–2 (Switzer et al. 2009, northeastern Nevada site where samples Evaluation of Information Provided in fig. 3) (see the map in this notice). were obtained by Goebel et al. (2009, the Petition and Available in Service Therefore, absolute reproductive pp. 210, 212). However, the petition Files on Significance for the SRM isolation may not currently be occurring cites Noles (2010, entire), who reviewed Population between the Eastern population and and studied genetic and historical other populations of boreal toads. geologic processes (phylogeography) to Unusual or Unique Ecological Setting However, studies suggest that the explain distribution of boreal toad The petition asserts that boreal toads Eastern Major Clade and the clades in Nevada. The study identifies in the SRM population could be Northwestern Major Clade are some genetic sample sites and clade significant based on unusual or unique sufficiently different that they may names for boreal toads in Nevada and ecological settings as described in a map represent different species (Goebel 2003 states that it is reasonable to suspect of ecoregions (areas with common p. 7). There is a need to examine that boreal toads in the Bonneville Basin vegetation, soils, geology, precipitation additional nDNA further north in are discernible from boreal toads in the levels, hydrology, etc.) (U.S. Wyoming, in the Yellowstone area and Relict Dace Basin and the Lahontan Environmental Protection Agency (EPA) surrounding regions, to determine if Basin immediately to the west (Noles 2011, entire). The petitioners assert that nDNA divergence parallels mtDNA 2010, pp. 24, 50, 51). These statements ecoregions in the SRM population are divergence in boreal toads (Goebel 2003, lend support to the idea that the western distinct from ecoregions in the Eastern p. 8). edge of the Bonneville Basin is the population, as well as distinct from

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ecoregions in other areas occupied by comprise more diversity than currently unusual or unique (i.e., they occupy the boreal toad. For the purposes of recognized species, such as in the relatively high elevation, moist, determining significance in a DPS Canadian toad and American toad subalpine, or boreal forest habitat). analysis, we look at whether the example used above by Goebel et al. Consequently, there is not substantial ecological settings occupied in the area (2009, p. 215). However, in order to be evidence in the petition or in our files under consideration are unique or considered significant under the DPS to support unusual or unique ecological unusual to the taxon in question, not criteria, it is not important how diverse settings as a significant factor in whether the setting is unique from other the population is, but rather whether differentiating the Eastern population settings. The petitioner did not provide that diversity (e.g., that of haplotypes) from other areas throughout the range of substantial information to indicate that differs markedly from other populations the boreal toad taxon. the geographic area occupied by the of boreal toads. Also, although Goebel et Significant Gap in Range SRM population is unique or unusual al.’s (2009, p. 221) statement about for the boreal toad taxon, as required by incomplete lineage sorting may prove The petition states the Eastern the DPS policy. Additionally, we found accurate, we do not find there is population (which includes the SRM no information in our files that these currently enough genetic data to support population) constitutes approximately settings were unique to the SRM the statement. Goebel et al. (2009, p. 15) 20 percent of the subspecies’ range in population of the boreal toad. conclude that the SRM population the conterminous United States and that The petition referenced a study that shares haplotypes with boreal toads in this should be considered a significant indicates that boreal toads may occur at the western part of the Eastern Major gap in the range should boreal toads in lower elevations in Utah than in the Clade. Switzer et al. (2009, p. 26) also the Eastern population become SRM population (Hogrefe et al. 2005, p. conclude that boreal toads within the extirpated. Based on a review of the 7). However, there is still overlap in SRM population share haplotypes with information in the petition and available elevational range of occupied habitats boreal toads in the western portion of in our files, there appears to be between boreal toads in the SRM Clade 3–1. In fact, both studies group sufficient information to indicate that population and in Utah; therefore, boreal toads in the SRM population there may be a significant gap in the elevation does not appear to genetically with other toads in the range of the species if the Eastern differentiate a unique ecological setting Eastern population, concluding that population were lost. We will further for boreal toads in the SRM population. they are part of a more widespread investigate this in our 12-month status Also, the petition notes that the evolutionary lineage. Consequently, we review. ecoregions have varying (but find that current genetic analyses do not Marked Differences in Genetic overlapping) levels of precipitation and provide substantial information that the Characteristics vary in dominant vegetation types, but SRM population may be significant, For the Eastern population, two again, specific habitats that boreal toads because the SRM population does not studies suggest through mtDNA analysis actually occupy (for example, mesic have markedly different genes compared that the combination of the clades that subalpine habitats) appear similar to the rest of the Eastern population. across all ecoregions. Consequently, make up the Eastern population of the there is not substantial evidence in the Evaluation of Information Provided in boreal toad could be considered a petition or in our files to support the Petition and Available in Service separate species or subspecies. These unusual or unique ecological settings as Files on Significance for the Eastern hypotheses are based on different a significant factor in differentiating the Population haplotypes between the clades that make up the Eastern population (Eastern SRM population from the western part Unusual or Unique Ecological Setting of the Eastern population or from other Major and Clade 3–1) and the clades to areas throughout the range of the boreal The petition asserts that boreal toads its north (Northwest Major and Clade 3– toad. in the Eastern population could be 2) (Goebel et al. 2009, pp. 215, 223; significant based on unusual or unique Switzer et al. 2009, pp. 18–26). A Significant Gap in Range ecological settings as described in a map phylogeographic study in Nevada also The petition states the SRM of ecoregions (EPA 2011, entire). They suggests that boreal toads in the population constitutes about 5 percent assert that ecoregions in the Eastern Bonneville Basin could be distinct from (or 38,894 square miles) of the range in population are distinct from other toads further to the west in Nevada, the conterminous United States and that ecoregions outside of the Eastern thereby supporting the idea that the its loss could pose a significant gap in population. For the purposes of Eastern population is a genetically the range of the boreal toad. This loss, determining significance in a DPS distinct population (Noles 2010, pp. 24, which would occur at the southeastern analysis, we look at whether the settings 50, 51). Based on information provided edge of the range, would create a gap in occupied in the area under in the petition and in our files on the range of the boreal toad in the consideration are unique or unusual to differing haplotypes between the conterminous United States. However, the taxon in question, not whether the Eastern population and clades to the we do not believe this gap would be setting is unique from other settings. We north, we find that the Eastern significant, due to the combination of do not agree with the petition’s population of boreal toad may be the area being on the edge of the range assertion that ecoregions in the Eastern significant. and covering a relatively small area. We population are unique. Some areas DPS Determination for the SRM do not believe there is substantial within the range of the taxon may in fact Population information that the loss of SRM would be unique because of elevation, be significant to the taxon. precipitation levels, and vegetative For the reasons described above, we characteristics. However, we find that determine that there is not substantial Marked Differences in Genetic many of the ecoregions, and areas information in the petition and in our Characteristics actually occupied by the boreal toad files to suggest that the SRM population The petition suggests that boreal toads within the range of the taxon, are of boreal toads may be a valid listable in the SRM population are significant similar enough that the Eastern entity (DPS). Although this population under the DPS Policy because they population cannot be characterized as appears geographically discrete, we did

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not find substantial information to In considering what factors might of habitats, bank stabilization, and suggest that it may be significant constitute threats, we must look beyond stream channelization (Loeffler 2001, p. according to the standard in our DPS the mere exposure of the species to the 12 ; McGee and Keinath 2004, p. 37; Policy. Therefore, we will not evaluate factor to determine whether the species Hogrefe et al. 2005, p. 19; Stoddard et the status of this population further in responds to the factor in a way that al. 2005, p. 6). The petition also states this finding. causes actual impacts to the species. If that extended hydroperiods of wetlands there is exposure to a factor, but no can increase densities of invertebrate DPS Determination for the Eastern response, or only a positive response, predators and establishment of Population that factor is not a threat. If there is predatory fishes (Scott 1996, pp. 45–46; Based on current knowledge from exposure and the species responds Skelly 1996, pp. 599–604). genetic studies and distribution negatively, the factor may be a threat Roads—The petition states that roads information, there appears to be some and we then attempt to determine how cause habitat fragmentation, prevent genetic and geographic overlap of the significant a threat it is. If the threat is migration, cause mortality, and alter Eastern population with populations of significant, it may drive or contribute to water flow that sustains aquatic habitats boreal toads to the north of the Eastern the risk of extinction of the species such (Lehtinen et al. 1999, p. 2; Loeffler 2001, population. However, some genetic and that the species may warrant listing as p. 12; Hogrefe et al. 2005 p. 17). The geographic overlap is allowed by the threatened or endangered as those terms petition also states that amphibians in DPS Policy, and we have determined are defined by the Act. This does not general are particularly vulnerable to that the extent of this overlap may be necessarily require empirical proof of a road mortality. The petition states that within the bounds of the DPS Policy. threat. The combination of exposure and other detrimental factors may include Therefore, considering information in some corroborating evidence of how the pollutants, erosion and sedimentation, the petition and readily available in our species is likely impacted could suffice. vibrations, and noise. The petition cites files, we find there is substantial The mere identification of factors that several additional studies to support information that the Eastern population could impact a species negatively may these claims, but these references were of boreal toads may be a valid DPS not be sufficient to compel a finding not provided to us or readily available based on sufficient genetic and that listing may be warranted. The in our files. One article and one geographic discreteness from the other information shall contain evidence personal communication referenced in boreal toad populations, and based on sufficient to suggest that these factors the petition state that several boreal toad evidence of significance, including the may be operative threats that act on the mortalities have been observed, but significant gap in the range of the boreal species to the point that the species may other references either do not provide toad that would be created if the Eastern meet the definition of threatened or specific information or appear to be population should become extirpated. endangered under the Act. general and would not provide In addition, marked (significant) genetic In making this 90-day finding, we information specific to the boreal toad. haplotype differences between the evaluated whether information Livestock Grazing—The petition Eastern population and other regarding threats to the Eastern states that livestock trample boreal toads and their habitat. Trampling of habitat populations of boreal toads to the north population of the boreal toad, as could cause further mortality to boreal also support our determination that presented in the petition and other toads from loss of vegetative cover there is substantial information that the information available in our files, is resulting in desiccation (Bartelt 2000, Eastern population may be a valid substantial, thereby indicating that the pp. 98; Hogrefe et al. 2005, p. 15). The listable entity (DPS). We will further petitioned action may be warranted. Our petition also provides information to analyze the validity of this potential evaluation of this information is suggest that livestock grazing may cause DPS with respect to our DPS policy presented below. declines in water quality from excess during the 12-month finding. A. The Present or Threatened nutrients, reduction in vegetation that Evaluation of Information for This Destruction, Modification, or helps filter water, and reduced survival Finding Curtailment of Its Habitat or Range of eggs and tadpoles from increased siltation, water temperatures, and fecal Section 4 of the Act (16 U.S.C. 1533) Information Provided in the Petition contamination (Loeffler 1998, p. 54; and its implementing regulations at 50 The petition states that water McGee and Keinath 2004, pp. 33–34; CFR part 424 set forth the procedures management, roads, livestock grazing, Hogrefe et al. 2005, p. 15). The for adding a species to, or removing a recreation, timber harvest, residential petitioners argue that insect abundance species from, the Federal Lists of and commercial development, (toad prey) also may be reduced by Endangered and Threatened Wildlife pollutants, and energy and minerals livestock grazing (Fleischner 1994, pp. and Plants. A species may be management are all activities that 631–632). The petitioners state that determined to be an endangered or destroy, modify, or curtail the boreal prairie-dog or other rodent control threatened species due to one or more toad’s habitat or range. The petitioners programs for livestock management of the five factors described in section believe that any of these activities could reduce availability of burrows for 4(a)(1) of the Act: contribute to the decline of the boreal overwintering toads (Sharps and Uresk (A) The present or threatened toad. 1990, pp. 339–345). The petition also destruction, modification, or Water Management—The petition suggests that compaction of soils may curtailment of its habitat or range; cites several studies to show that water potentially limit the availability of (B) Overutilization for commercial, management can lead to direct habitat burrows that help prevent desiccation recreational, scientific, or educational loss, habitat fragmentation, and and freezing of toads, that purposes; detrimental alteration of natural overutilization of tall herbaceous cover (C) Disease or predation; hydrological regimes, through a number may make adult toads more susceptible (D) The inadequacy of existing of activities, including draining or to predation, and that grazing regulatory mechanisms; or filling of wetlands, water diversion for contributes to a decline in beaver (E) Other natural or manmade factors municipal or agricultural purposes, dam populations that may, in turn, result in affecting its continued existence. and reservoir construction, dewatering less boreal toad habitat. The petitioners

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did not provide references to support and utility lines, and an increase in 4). There are numerous wetlands and most of the above claims, and we do not human presence from vehicle traffic and water sources within the range of the have data readily available in our files construction activity (U.S. Bureau of boreal toad that have not been impacted, to support such claims. Land Management (BLM) 2005, pp. but there has been alteration of riparian Recreation—Recreation is cited in the 3–29). and wetland habitat and hydroperiods petition as impacting amphibians due to water development and use. We Evaluation of Information Provided in through loss of eggs, tadpoles, believe this issue is the most likely the Petition and Available in Service metamorphs, and adults due to activity under Factor A to cause impacts Files trampling, vehicle impacts, habitat to the boreal toad. However, the petition degradation, an increase in predators Water Management—Alteration of and the information in our files does not attracted to human refuse, and transfer natural hydrology and hydrologic detail the extent of wetland or riparian of pathogens between boreal toad processes, such as removal of water habitat alteration as it corresponds to populations (Hogrefe et al. 2005, p. 17). sources, shortening or lengthening water effects on boreal toad habitat. The The petition states that human handling availability, and flooding large areas of petition does not provide an analysis of and pet-related mortality of boreal toads habitat or dispersal corridors could water management impacts to boreal also may occur. The petition provides cause impacts to the boreal toad toads. Consequently, we find that examples of where some of these (Loeffler 2001, p. 12; Hogrefe et al. 2005, localized impacts from water activities have impacted boreal toads, p. 19). It is possible that extended management activities may occur, but and cites references that were not hydroperiods of water bodies could the petition and information in our files available to us in our files. increase densities of invertebrate does not present substantial scientific or Timber Harvest—The petition states predators and allow establishment of commercial information indicating that timber harvest may cause (1) mortality predatory fishes. It also is possible that water management activities are a threat through crushing by equipment, (2) water manipulation could decrease rates for the Eastern population of the boreal interruption of dispersal from breeding of boreal toad reproduction and toad. sites, or of late-summer dispersal of recruitment (Scott 1996, pp. 45–46; Roads—Roads could cause direct adults into uplands, (3) soil compaction Skelly 1996, pp. 599–604; Semlitsch mortality by vehicle strike as well as that limits the availability of burrows 2002, pp. 621–623; McGee and Keinath direct loss of habitat, fragmentation, used for overwintering hibernacula, (4) 2004, p. 37). The creation of Lefthand sedimentation, and alteration of a reduction of available refugia through Reservoir in Boulder County, Colorado, hydrology, and could potentially limit burning of slash piles and downed flooded a large wetland, forcing boreal dispersal and gene flow (Lehtinen et al. woody materials, (5) sedimentation that toads to its margins where habitat may 1999, pp. 1–12; Loeffler 2001, p. 12; could disturb habitat, and (6) the spread not have been as suitable (Campbell Hogrefe et al. 2005, p. 17). However, of nuisance species. The petition states 1970a, p. 7; Hammerson 1999, p. 92). while the petitioners mapped major that any timber harvest activity that Reservoirs may not have suitable roads in the range of the boreal toad, affects wetlands could have negative shallow water for breeding, and open they provided limited specific evidence impacts to the boreal toad (Loeffler water replaces foraging habitat around of road impacts to boreal toad 1998, pp. 56–57; Bartelt 2000, pp. 20– previously existing wetlands populations (Hogrefe 2005, p. 17; 27, 74–77; McGee and Keinath 2004, pp. (Hammerson 1999, p. 92). However, the Greenwald et al. 2011, pp. 26, 72). The 32–33). However, only one of the information in the petition and in our references referred to by the petition as references available to us on this topic files did not provide any substantial supporting impacts from roads were was specific to the species, showing that information or analyses to suggest that general in nature and did not speak effects to boreal toads from interruption these effects are occurring in a directly to the boreal toad or its habitat. of dispersal by timber harvest have been widespread basis in the Eastern Although there are some heavily documented (Bartelt 2000, pp. 20–27, population of boreal toads. traveled roads in or near boreal toad 74–77). The petition states that a substantial habitat, the majority of roads are less- Residential and Commercial proportion of streams located within the traveled dirt roads that we do not Development—The petition states that range of the Eastern population of boreal believe cause a high level of mortality residential and commercial toads have been impacted by or other impacts to boreal toads. We development have potentially caused disturbance, and cites a study find that localized impacts from roads extirpation of boreal toads in several illustrating an average 30–40 percent may occur but the petition and areas in Utah and Colorado (Thompson disturbance of stream corridor riparian information in our files does not present et al. 2004, p. 257). areas, about 10 percent disturbance of substantial scientific or commercial Pollutants—The petition states that riparian vegetation, and 10–20 percent information indicating that roads may pollutants including herbicides, disturbance of streambed stability by threaten the Eastern population of the insecticides, and piscicides are harmful stressors in the Southern Rockies and boreal toad. to amphibians (Loeffler 2001, p. 13; Northern Rockies ecoregions (Stoddard Livestock Grazing—Livestock grazing Hayes et al. 2002, pp. 5476–5479). The 2005, p. 40, fig. 15). The stream corridor can occasionally cause direct mortality petition also states that high salinity riparian area category does indicate a to boreal toads (Bartelt and Peterson concentrations may affect toad moderate amount of disturbance to 1996, p. 14; Bartelt 2000, p. 98; Hogrefe equilibrium and that a high proportion potential boreal toad habitat loss and et al. 2005, p. 15). Additionally, grazing of streams in the range of the Eastern fragmentation. However, the number can cause boreal toad habitat population of boreal toad have high and extent of streams in this study that destruction and degradation through salinity (Dole et al. 1985, pp. 645–648; were occupied by boreal toads is eating and trampling of vegetation and Stoddard et al. 2005, p. 40). unknown, so the extent of impact is possible water quality reduction Energy and Minerals Management— indeterminable. through bank erosion and water The petition states that energy and The petitioners state that wetland contamination (Fleischner 1994, pp. minerals management causes habitat losses have occurred throughout Utah 631–632; Loeffler 1998, p. 54; Bartelt loss and fragmentation from new roads, and are expected to continue due to 2000, pp. 98, 20–27, 74–77; McGee and well pads, pumps and other facilities, human population growth (Lee 2001, p. Keinath 2004, pp. 33–34; Hogrefe et al.

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2005, p. 15). Clear-cutting (removal of toads need by preventing build-up of the petition and in our files suggests all trees in an area) has been shown to vegetation and subsequent succession to that localized impacts from pollutants adversely affect boreal toads by creating other habitat types (Russell et al. 1999, may occur, but there is not substantial open spaces that are too dry (and pp. 374–384). We find that localized information to demonstrate that the presumably too cold at night) for toads impacts from timber harvest activities impacts are pervasive enough that they (Bartelt 2000, pp. 20–27, 74–77). If may occur, but the petition and may be a threat to the Eastern livestock are removing vegetation in information in our files does not present population of the boreal toad. large areas, adverse conditions similar substantial scientific or commercial Studies have illustrated the effects of to those resulting from clear-cuts could information indicating that timber pesticides and herbicides on occur. However, the references in the harvest activities occur frequently amphibians, and deposition by drift can petition and additional references in our enough that they may be a threat to the occur (Berrill et al. 1994, p. 663; Hayes files (Bartelt and Peterson 1996, entire) Eastern population of boreal toad. et al. 2002, pp. 5476–5479; Fellers et al. only mention occasional direct effects to Residential and Commercial 2004, p. 2176; Relyea 2005, p. 626). the boreal toad and only the possibility Development—Some boreal toad habitat However, to our knowledge there is of widespread habitat threats. We find loss could be attributed to development limited application of pesticides or that localized impacts from grazing may on the Wasatch Front between Salt Lake herbicides in or near boreal toad habitat. occur, but the petition and information City and Provo, Utah; rapid population Forest management activities such as in our files do not present substantial growth in this area has likely fire retardant drops are infrequent, and scientific or commercial information contributed to boreal toad habitat piscicide application also is infrequent. indicating that grazing may be a threat impacts and possible extirpations (Lee In addition, we do not agree with the to the Eastern population of boreal toad. 2001, p. 4; Thompson 2004, p. 257). Ski petitioners that a high proportion of Recreation—Recreation from areas and associated residential streams in the range of the Eastern camping, hiking, biking, fishing, and development in Colorado also were population of the boreal toad have high off-highway vehicle use could impact identified in the petition as causing salinity levels (Stoddard 2005, p. 40, fig. boreal toad habitat and bring increased habitat loss or degradation. The petition 15). In fact, we believe they predation and the chance of pathogen did not cite any references on the effects misinterpreted information in their introduction (Loeffler 1998, p. 51). of ski areas, but an article on home reference source, because ecoregion Potential effects from these activities ranges of boreal toads documents the locations (described in the reference) include transfer of disease, including potential impacts of ski area where boreal toads primarily occur Bd, into uninfected habitats, along with development by mentioning ski area (Southern Rockies, Northern Rockies, trampling, loss of vegetation, reduced proximity and related county setbacks and Northern Xeric Basins) have very water quality, and loss of habitat in Summit County, Colorado (Muths low salinity (Stoddard 2005, p. 40, fig. (Hogrefe et al. 2005, pp. 15, 17). Human 2003, p. 163). Ski area development and 15). Salinity from road salts could activities around boreal toad breeding associated housing have likely impacted impact localized breeding sites, but we sites could increase the presence of localized areas, but boreal toads expect the occurrence of these impacts ravens and jays, which could increase currently face little threat from is rare across the range and would likely predation on boreal toads. However, we residential and commercial occur along heavily traveled roads only. are not aware of studies that specifically development due to the higher elevation Overall, we find that localized impacts researched effects of recreation on habitat they occupy. We find that from pollutants may occur, but the boreal toads. We find that localized localized impacts from residential and petition and information in our files do impacts from recreation may occur, but commercial development may occur, not present substantial scientific or the petition and information in our files but the petition and information in our commercial information indicating that do not present substantial scientific or files do not present substantial scientific pollutants may be a threat to the Eastern commercial information indicating that or commercial information indicating population of boreal toad. recreation may be a threat to the Eastern that residential or commercial Energy and Minerals Management— population of boreal toad. development may be a threat to the Energy and mineral development can Timber Harvest—Timber harvest Eastern population of boreal toad. cause habitat loss and fragmentation activities, especially clear-cuts, can have Pollutants—There are observations from roads, utility lines, and other detrimental effects to the boreal toad by and studies describing potential impacts facilities, and can increase human interrupting dispersal corridors, causing to the boreal toad from mine runoff and presence in mining areas. As the sedimentation of streams, causing acidification (Porter and Hakanson petition points out, hardrock mines in impacts to wetland and riparian 1976, pp. 327–331; Corn et al. 1989, Colorado may impact boreal toads, but vegetation used by toads, and affecting entire; Corn and Vertucci 1992, entire; boreal toads continued to inhabit the habitat by prescribed burning of slash Loeffler 1999, pp. 31–32; Jackson 2006, Urad/Henderson Mine in large numbers piles or downed woody material (Bartelt pp. 58–59). However, impacts are likely until Bd arrived there in 1999 (Loeffler and Peterson 1994, pp. 18–19; Loeffler localized. Although it was hypothesized 1999, pp. 31–32; Jackson 2006, pp. 27, 1998, pp. 56–57; Bartelt 2000, pp. 20– that a short-term acidic pulse from 58–59). In fact, there is speculation that 27, 74–77; McGee and Keinath 2004, pp. snowmelt could produce effects to Bd-infected boreal toads at the Urad/ 32–33). Timber harvest equipment can amphibians, acidification was not found Henderson Mine may have had better cause direct mortality and compaction to be a factor in regional amphibian survival from the infection due to of soils that reduce burrow availability declines in the Rocky Mountains (Corn inhabiting water with mine effluent for shelter or overwintering (Loeffler and Vertucci 1992, p. 367). Another than boreal toads not inhabiting waters 1998, pp. 56–57; McGee and Keinath study demonstrated that pH would have in the effluent area (Jackson 2006, pp. 2004, pp. 32–33). Although local to be below 4.9 to produce negative 58–59). Mining may increase human impacts to habitat may occur from slash effects to boreal toad embryo survival, presence in boreal toad habitat and pile or downed woody material burning but pH in the elevations common for some mortality may occur from vehicles in timber harvest areas, prescribed boreal toad occurrence is typically or people, but with the general decline burning or wildfires can promote between 7 and 6 (Corn et al. 1989, pp. in hardrock mining activity over the last longevity of wetland areas that boreal 19, 20, 28). Therefore, information in several decades, we believe the risk of

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mortality from mining-related activities developed protocols to avoid or skin secretions, boreal toads have many is low. minimize mortality or injury to boreal native predators that are suspected of We also are not aware that oil and gas toads (Scherff–Norris 1997, entire; depressing toad populations (Arnold development is a widespread activity in Loeffler 2001, pp. 36–53). Additionally, and Wassersug 1978, entire; Flier et al. boreal toad habitat. In Colorado, where the Utah Conservation Plan provides 1980, entire; Beiswenger 1981, entire; extensive oil and gas development has general procedures to minimize impact Brodie and Formanowicz 1987, entire; occurred, an extremely small amount of of collection activities and outlines Olson 1989, entire). The petition states oil and gas development occurs in plans for development of protocols that nonnative predators, such as trout boreal toad habitat and the majority of (Hogrefe et al. 2005, pp. 28–38). Due to or bullfrogs, also may reduce boreal toad habitat is located in areas collection and handling procedures populations of boreal toads (Bahls 1992, that have low to no potential for oil and implemented by these entities, and the pp. 183, 191; McGee and Keinath 2004, gas development (Gunnison Sage-grouse lack of known collection pressure from pp. 38–39). Rangewide Steering Committee 2005, p. the public, we do not consider Evaluation of Information Provided in 130; Colorado Greater Sage-grouse overutilization of the boreal toad to be Steering Committee 2008, p. 112). We the Petition and Available in Service occurring. Based on our evaluation, Files find that localized impacts from energy neither the petition nor information in and minerals management may occur, our files presents substantial scientific Disease—Bd was first identified in the but the petition and information in our or commercial information to indicate late 1990s from a captive blue poison files do not present substantial scientific that overutilization for commercial, dart frog (Dendrobatis azureus) or commercial information indicating recreational, scientific, or educational (Longcore et al. 1999, entire). Since that energy and minerals management purposes may present a threat to the then, Bd has been reported in numerous may be a threat to the Eastern Eastern population of the boreal toad species of amphibians worldwide and is population of the boreal toad. such that the petitioned action may be most likely a recent introduction to North America (Berger et al. 1999, p. 29; Summary for Factor A warranted. However, we will evaluate this factor more thoroughly during the Lips et al. 2003, entire). However, Bd Based on the information provided in 12-month status review if we determine has been present since at least the early the petition, as well as other that a valid DPS of boreal toad exists. 1970s in America. A specimen from information readily available in our Colorado preserved in 1974 was tested files, we find that the petition does not C. Disease or Predation for Bd and was found to have the fungus present substantial scientific or present (Hogrefe et al. 2005, p. 14). As Information Provided in the Petition commercial information indicating that stated above, Bd attacks the skin of the Eastern population of the boreal Disease—The petition states that the boreal toads and may cause toad may warrant listing due to the chytrid fungus (Bd) is the primary chytridiomycosis, which can result in present or threatened destruction, pathogen of concern for the Eastern serious disruption of cutaneous modification, or curtailment of the population of the boreal toad (Fellers et respiration and osmoregulation (Berger species’ habitat or range. Although each al. 2001, pp. 945, 952; McGee and et al. 1998, p. 9036). of the issues evaluated under Factor A Keinath 2004, pp. 23–24; Hogrefe et al. Boreal toads on the Paunsaugunt may impact the Eastern population of 2005, p. 13). The petition states that Bd Plateau in southern Utah were reported the boreal toad locally, the information attacks the skin of boreal toads and can to be infected with Bd in 2005, and in the petition and in our files does not cause chytridiomycosis (the disease that chytridiomycosis is the suspected cause indicate that these rise to the level of a can result from Bd infection), resulting of boreal toad mortalities in this threat to the population. There is no in 90–100 percent mortality (McGee and population (Hogrefe et al. 2005, pp. 14, information presented in the petition or Keinath 2004, pp. 43–44). The exact 26). The Paunsaugunt Plateau contained in our files that the threats mechanism of mortality caused by Bd (represented by up to seven sites described under Factor A cumulatively infection is not understood, but possible comprising one or two breeding threaten the Eastern population of the mechanisms include disruption of populations) was the only area out of six boreal toad. However, we will evaluate water, oxygen, and ion exchange and areas in the UDWR’s Southern Region this factor and cumulative effects of the secretion of toxins from the Bd that was positive for Bd infection as of threats described under this factor more associated with chytridiomycosis 2009 (UDWR 2010, p. III–3). The thoroughly during the 12-month status (Berger et al. 1998, p. 9036). Paunsaugunt Plateau had only one adult review if we determine that a valid DPS The petition also claims that red-leg toad observed in 2009 at one out of of boreal toad exists. disease (Aeromonas hydrophila), a seven sites monitored on the Plateau, fungus called Saprolegnia ferax, and a although a couple of other sites on the B. Overutilization for Commercial, trematode (Ribeiroia ondatrae) have all Paunsaugunt Plateau had tadpoles Recreational, Scientific, or Educational been documented to cause mortality or observed (UDWR 2010, pp. III–3, 5). The Purposes malformations in amphibians and also low number of toads suggests that Bd The petition states there is little could impact the Eastern population of has affected toads on the Paunsaugunt information on the extent of boreal toad boreal toads (Johnson et al. 2001, pp. Plateau. collection or harvesting (McGee and 370–379; Kiesecker et al. 2001, entire; In 2008, 77 Bd swabs (DNA samples Keinath 2004, p. 37). Some boreal toads, Hogrefe et al. 2005, p. 14). The petition taken for analysis of Bd presence or eggs, or tadpoles have been collected by states that nonnative species, such as absence) were taken from boreal toads at universities, State wildlife agencies, bullfrogs (Rana catesbeiana) and certain Strawberry Reservoir in the Central zoos, and other institutions for species of fish, may impact the boreal Region of the Utah Division of Wildlife propagation, translocation, genetic toad by transmitting pathogens, Resources, with 38 of those samples (49 research or other scientific study, or including Bd and Saprolegnia ferax percent) testing positive for Bd (UDWR educational purposes. However, (Kiesecker et al. 2001, p. 1069; 2010, p. II–4). In 2009, 105 toads were information in our files shows that Schloegel et al. 2010, p. 53). detected at 3 sites at Strawberry entities involved in these activities in Predation—The petition states that, Reservoir; however, the impacts of Bd the SRM population area have despite boreal toad adults’ having toxic on boreal toad recent population trends

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are uncertain (UDWR 2010, pp. II–3, II– New Mexico for many years, but boreal toads have several avian, 10). In the Northeast Region of the reintroduced there in 2008 and 2009. mammalian, and reptilian predators UDWR, only 1 of 27 Bd swabs taken in However, in 2009 seven boreal toads (Olson 1989, entire; Hammerson 1999, 2008 tested positive for Bd (UDWR from the 2008 release were recaptured, p. 97; Livo 1999, p. 1). Avian, reptilian, 2010, p. IV–4). Although some swabs but six of the seven tested positive for insect, and even other amphibian are positive for Bd infection, Bd test Bd (NMDGF 2010, p. 3). This indicates predators of tadpoles and newly results among regions in Utah are that chytridiomycosis probably metamorphosed boreal toads also have variable, and it is unknown whether or extirpated them in the past, and chance been recorded (Beiswenger 1981, entire; not Bd is causing declines in boreal toad of survival of reintroduced toads is low. Hammerson 1999, p. 98). Both garter populations there. However, it is clear We currently have no information on Bd snakes (Thamnophis elegans) and that the infection is present across Utah. occurrence in southeastern Idaho, spotted sandpipers (Actitis macularia) Surveyors and researchers in the SRM northeastern Nevada, or southwestern are often encountered at boreal toad population collected 417 samples from Wyoming.Overall, Bd appears to be breeding sites in Colorado (Lambert 46 sites across Colorado in 2003, and widespread, and is known to occur in 2003, pp. 22, 24, 77). At Brown’s Creek subsequent analysis detected 33 toads at the SRM and Utah. in Colorado, garter snakes are suspected 8 sites with Bd (Jungwirth, 2004, p. 53). Given its widespread distribution in to be responsible for poor survivorship It also was discovered from the study the SRM area, Utah, and around the of boreal toad tadpoles (Lambert 2003, that, at sites with Bd, adult and juvenile world, it is likely present in the rest of pp. 24, 77). It is likely that poor toads had a 77 percent prevalence rate the Eastern population and is almost survivorship from predation of infection (Jungwirth 2004, p. 54). assuredly the primary reason for occasionally results, but other than Metamorphs often do not test positive at declines observed in boreal toads in the Lambert (2003, p. 22, 24, 77), we have known Bd positive sites, and it is Eastern population. no evidence that this occurs often theorized that metamorphs may not The fungal disease Saprolegnia ferax enough or to an extent that it suppresses have enough exposure time to the was spread to boreal toads from rainbow survival at breeding sites or breeding terrestrial environment to become trout (Oncorhynchus mykiss) populations to a point that it may infected with Bd (Jungwirth 2004, p. experimentally infected with S. ferax threaten the Eastern population of the 54). Furthermore, at toad breeding sites (Kiesecker et al. 2001, p. 1064). boreal toad. Although transmission of the disease tested through the 2007 field season, 22 Nonnative predators, such as bullfrogs from fish to boreal toads can occur, we breeding sites tested positive for Bd, 35 or stocked trout, were asserted by the tested negative, and 22 additional sites have no information indicating that S. petitioners to cause impacts to the were not tested (Jackson 2008, p. 6). ferax is prevalent in the wild or has boreal toad. We do not have any Even though Rocky Mountain caused boreal toad declines in the wild. National Park (RMNP) is one of the most We also have no information in our information that suggests that bullfrogs protected environments within files to suggest that the trematode prey on boreal toads, since bullfrogs Colorado, boreal toad populations have Ribeiroia ondatrae poses a threat to the have never been documented in boreal declined in the park (Corn et al. 1997, boreal toad. The petitioners provided toad habitat. Trout have been stocked in pp. 40, 42). Four sites were monitored one article cited in the petition that many lakes in the western United in RMNP from 1990 to 2001, and found high frequencies (40–85 percent) States, many of which were fishless significant declines of boreal toads were of severe limb malformations in prior to stocking (Bahls 1992, p. 183). noted at two of the sites (Kettle Tarn surviving western toads (Anaxyrus The presence of stocked trout has been and Lost Lake), although all sites boreas) and decreased survivorship (42 found to exclude frogs from lakes in the declined (Muths et al. 2003, p. 5). Six percent) in toads with the heaviest Sierra Nevada Mountains (Bradford adult toads that were suitable for treatment of trematodes in an induced 1989, pp. 776–777). However, laboratory histologic analysis all had Bd detected laboratory experiment (Johnson et al. p. experiments have indicated that on them, and another four of six that 370). However, effects of the trematode American toad (Bufo americanus) had preliminary molecular analysis to wild boreal toads is not known, and tadpoles may be less palatable than conducted on them were also the petition admits that further study is chorus frog tadpoles (Pseudacris determined to have Bd infections needed before any conclusions can be triseriata) to certain species of fish (Muths et al. 2003, p. 8). Based on drawn on effects of the trematode to the (Voris and Bacon 1966, p. 597) and we analysis for other diseases, it was boreal toad. Consequently, the petition suspect that boreal toad tadpoles have determined that Bd was the certain did not present substantial information similar toxins as the American toad. cause of decline (Muths et al. 2003, pp. to suggest that the trematode may be a Additional evidence is that cutthroat 8–9). Evidence of the decline is threat. trout (Salmo clarkii) mouthed then supported by monitoring data showing In conclusion, studies and rejected boreal toad eggs that were fed that Lost Lake had 100–300 toads information presented above illustrate to them (Licht 1969, p. 296). Although present from 1991 to 1998, but fell to 30 that Bd may be the major factor in the trout may injure boreal toad eggs or or fewer since then (Jackson 2008, p. decline of the boreal toad and that it tadpoles by mouthing them, it appears 57). Kettle Tarn had a hundred or more poses a significant threat to the Eastern that predation on boreal toads may be toads from 1991 through 1995 but population of the boreal toad (Loeffler limited, due to the trout’s avoidance of exhibited a similar precipitous decline 2001, p. 13; Hogrefe et al. 2005, pp. 13– toxins in the eggs and tadpoles. afterwards (Jackson, 2008, p. 58). 14). We find that the petition and Localized predation from native or Bd testing has not been conducted in information in our files present nonnative predators may sporadically the remaining population in substantial scientific or commercial occur and could occasionally cause southeastern Wyoming (Jackson 2008, p. information indicating that disease, declines or extirpation of breeding sites 91). However, as with the rest of the specifically Bd resulting in or breeding populations. However, we SRM population, Bd is the suspected chytridiomycosis, may be a threat to the find that the petition and information in cause of declines in southeastern Eastern population of the boreal toad. our files does not present substantial Wyoming (Jackson 2008, p. 4). As stated Predation—The petition and scientific or commercial information above, boreal toads were extirpated in information in our files show that adult indicating that predation may rise to the

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level of a threat to the Eastern plans that contain standards and on whether collection and possession of population of the boreal toad. guidelines for managing the boreal toad. the boreal toad in any of the States is However, the petition notes that the two impacting the toad. Summary for Factor C forests only cover a small portion of the The Colorado Department of Parks Based on our evaluation, the petition range of the toad and the forest plans do and Wildlife (formerly Division of and information in our files present not adequately address all the threats to Wildlife), Wyoming Game and Fish, substantial information that listing the the toad. The petition also states that the NMDGF, and UDWR have led or been Eastern population of the boreal toad Uintah National Forest, which covers a instrumental in development of the due to disease may be warranted. small area of the range of the Eastern State and SRM conservation plans, Localized predation may cause effects to population of the boreal toad, has a along with the USFS, U.S. Geological breeding sites or breeding populations, voluntary guideline to protect boreal Survey, National Park Service, and but the petition and information in our toad habitat from disturbance BLM. Since the boreal toad was State files do not present substantial (trampling) during the breeding season. listed in Colorado, considerable effort information that listing the Eastern The BLM classifies the boreal toad as and funding have gone towards population due to predation may be a sensitive species in Wyoming, research, management, captive breeding, warranted. However, we will evaluate Colorado, Utah, and Idaho. The petition and translocation or repatriation of this factor more thoroughly during the points out that a State-led Boreal Toad boreal toads in Colorado, Wyoming, and 12-month status review if we determine Recovery Team comprised of State and New Mexico (the SRM population). that a valid DPS of boreal toad exists. Federal agencies, and an associated University staff, the U.S. Geological Technical Advisory Group comprised of Service, zoos, and others also have been D. The Inadequacy of Existing university, State, Federal, and local instrumental in research into declines of Regulatory Mechanisms government staff was formed and the boreal toad and propagation of the Information Provided in the Petition produced a conservation plan for the toad. boreal toad in the Southern Rocky Despite development of the The petition states that the boreal toad Mountains in 1998 (Loeffler 1998, conservation plans (which are voluntary has been State-listed as endangered in entire) and revised the plan in 2001 and not regulatory in nature), and the Colorado and New Mexico (NMDGF (Loeffler 2001, entire). designations by different State and 1988, p. 1; CDOW 1993, p. 2). The The petition states that none of the Federal agencies, the research and petition also states that the toads are State, USFS, or BLM classifications or management actions that have occurred, designated as a State Sensitive Species recovery or conservation plans are and the standards and guidelines put in Utah. In Wyoming, the boreal toad is adequate to protect the boreal toad, into place by the USFS, there has been designated as a Native Species Status 1, because they do not protect habitat, they little success in conserving the boreal which means the species and habitat are carry no legal or regulatory weight, and toad because of the difficulty of declining (McGee and Keinath 2004, p. they have not been shown to have arresting Bd-caused declines. However, 46). The petition states that the improved the status of the toad. For the overwhelming factor in the boreal designations in Utah and Wyoming example, the petition states that the toad’s decline is chytridiomycosis garner no legal or regulatory weight. The Utah Conservation Plan does not caused by Bd, which will likely affect petition also states that boreal toads are address all threats to the boreal toad, the toads regardless of what regulatory designated as nongame species in Idaho, such as Bd, and Bd has been detected protections are in place. protecting them from collection. There in toads in Utah. The petitioners also Summary for Factor D is no designation for the boreal toad in considered conservation agreements, Nevada. and found the specified actions to be Even though the Federal agencies The petition states that a Colorado implemented by involved parties within have not addressed or implemented recovery plan was completed in 1994, the SRM conservation plan were vague boreal toad management through all of and a recovery plan for New Mexico and provided little protection to the their forest plans or resource was completed in 2006 (Nesler and boreal toad. The petition states that even management plans, they do have Goettle 1994, entire; Pierce 2006, if all actions in the SRM conservation guidance through their sensitive species entire). The petition states that in Utah plan were accomplished, it still would designations to manage for the toad. a conservation plan for the toad also has not adequately address the impacts of There have been management actions been completed (Hogrefe et al. 2005, Bd on boreal toads. for the toad carried out on Federal entire). The petition adds that Idaho and lands, but the Service does not currently Nevada do not have conservation plans Evaluation of Information Provided in have information on the extent of for the boreal toad. the Petition and Available in Service implementation and effectiveness of The petition states that the majority of Files these actions. The States within the boreal toad habitat in the Southern State listings in Colorado and New Eastern population lack regulatory Rocky Mountains is on U.S. Forest Mexico mean that possession of the authority to protect the toad’s habitat. Service (USFS) land. The petition also boreal toads is prohibited. In Idaho, the However, as stated above in Factor A, points out that the USFS in both Region nongame regulations prohibit we did not find substantial information 2 (Colorado and southeast Wyoming) possession of more than four boreal to show that habitat destruction, and Region 3 (New Mexico) classifies toads (Idaho Administration Procedures modification, or curtailment currently the toad as a sensitive species. However, Act 2010, p. 4). The boreal toad was threaten the toad. Consequently, there is USFS Region 4 (western Wyoming, designated as a State Sensitive Species not substantial information to indicate southern Idaho, Nevada, and Utah) does in Utah in 1997 (Hogrefe et al. 2005, p. that regulations protecting habitat are not classify the toad as a sensitive 2). However, neither the Utah nor inadequate. Similarly, issues under species. The petition mentions that only Wyoming sensitive species designations Factors B, C, and E do not currently two forests, the White River National protect the toad from possession. appear to need further regulatory Forest and Medicine Bow National Obviously, the lack of status in Nevada mechanisms or would not be resolved Forest (in Colorado and Colorado/ does not prevent possession of the toad by further regulatory mechanisms. Some Wyoming, respectively), have forest there. However, we have no information of the States have regulations that

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prohibit or limit possession of boreal (Bartelt et al. 2010, p. 2675). The toads in a breeding ‘‘locality’’ (in this toads; however, there is no information petition also states that effects of climate context ‘‘locality’’ is the same as a to suggest that collection and possession change may have already been observed breeding population). Monitoring in of the boreal toad in any of the States through increasingly earlier breeding Colorado and southeastern Wyoming in is impacting the toad. Consequently, due to warmer temperatures or reduced 2009 revealed that only 5 out of 47 there is not substantial information to precipitation (Blaustein et al. 2001, p. breeding populations (11 percent), or 8 indicate that State regulations 1806; Corn 2003, p. 624). breeding sites out of 73 (about 9 prohibiting collection and possession, Ultraviolet Radiation—The petition percent), had more than 20 adults or lack thereof, are inadequate. states that degradation of the ozone may (CDOW 2010, entire). These statistics Nonetheless, as both we and the be causing increases in ultraviolet-B illustrate that very few populations in petitioners recognize, Bd may be the (UV–B) radiation (Stolarski et al. 1992, the SRM portion of the Eastern overriding threat to the boreal toad, and p. 342; Blumthaler et al. 1997, p. 130). population are large. Consequently, we we believe regulatory mechanisms are The petition states the boreal toad may determine that the petition and not capable or have limited capability to be susceptible to UV–B radiation due to information in our files present reduce the existing threat from Bd. not having protective hair or feathers, substantial scientific or commercial Based on our evaluation, neither the and not having protective shells on their information indicating that isolation petition nor information in our files eggs, which are laid in shallow water and small population size may be a presents substantial information that (Blaustein et al. 1994, p. 1791; Corn threat to the Eastern population of the listing the Eastern population of boreal 1998, p. 19). Additionally, the petition boreal toad. toad due to inadequacy of existing states that photolyase, an enzyme that Climate Change—Ray et al. (2008, p. regulatory mechanisms may be repairs UV–B damage, is lower in boreal 1) predict that Colorado will warm by warranted. However, we will evaluate toads than in some frogs and may cause about 1 °C (2.5 °F) by 2025 and by about ° ° this factor more thoroughly during the lower hatching success in boreal toads 2 C (4.0 F) by 2050. Most of the 12–month status review if we determine (Blaustein et al. 1994, p. 1794). observed snowpack loss in Colorado has that a valid DPS of boreal toad exists. However, the petition also occurred below 2,500 m (8,200 ft), with acknowledges that some studies show snowpack loss above this elevation E. Other Natural or Manmade Factors UV–B radiation is not a factor in predicted at between 10 and 20 percent Affecting Its Continued Existence hatching success of red-legged frogs (Ray et al. 2008, p. 2). With the range Information Provided in the Petition (Rana aurora) or boreal toads (Blaustein of the boreal toad largely above 2,500 m et al. 1996, p. 1401; Corn 1998, pp. 22– (8,200 ft) in the southern Rocky Isolation—The petition states that 23; Loeffler 2001, p. 12). Mountains, it is likely that they will be many populations of boreal toad are Invasive Species—The petition shielded from extensive droughts. small and isolated (Hogrefe et al. 2005, discusses invasive species under Factor However, some drought effects were p. 15). Isolation and small population E, but since the discussion focuses on noted in boreal toads in the southern size can preclude genetic interchange disease transmission and predation by Rocky Mountains in 2002 during a and recolonization of habitat in the face invasive species, we address this under drought cycle (Livo and Loeffler 2003, of impacts such as Bd or long-term land Factor C, Disease or Predation, above. p. 11). Several breeding sites either management changes (Carey et al. 2005, Evaluation of Information Provided in remained dry throughout the breeding pp. 235, 236). Lack of gene flow also season or dried up prior to may cause loss of genetic variability the Petition and Available in Service Files metamorphosis, reducing toad (Wright 1931, pp. 98–102), causing abundance. However, based on inbreeding depression. The petition Isolation—Isolation or small subsequent years with more states that random events, population size could cause extirpation precipitation, the 2002 drought may environmental factors, or human of boreal toad breeding colonies through have been within normal variation and impacts may cause extirpation of small, habitat loss or fragmentation or other not related to climate change. Drought isolated populations. human or environmental factors (such could exacerbate the decline of Climate Change—The petition states as Bd infection), random events, or localized boreal toad populations, but is that since boreal toads are ectotherms genetic problems. Microsatellite nDNA not considered a major factor in the (require heat from the sun or outside analysis suggests that populations of widespread decline of the species. sources to warm selves), their body boreal toads within the Eastern There is a possibility that some temperature varies with their population are isolated from one diseases, such as chytridiomycosis, surroundings. The petition states (?) another, with little gene flow, and that could expand their range into higher boreal toad reproductive behavior and this could potentially cause genetic elevation boreal toad habitats if warmer boreal toad abundance may be affected problems (Switzer et al. 2009, pp. 23, temperatures occur due to climate by temperature changes resulting from 25). Additional information suggests change. However, references on this climate change (Blaustein and Wake that boreal toad populations in Utah are subject listed in the petition are not 1995, pp. 2–4; Blaustein et al. 2001, p. separated from each other due to long- currently available to us and we have no 1808). The petition also states that term climate change (over the last information in our files to support this warmer temperatures may allow for the 10,000 years) and human development hypothesis. Warming temperatures spread of disease, especially in higher at lower elevations resulting in genetic could affect evaporative water loss from elevations where currently disease may problems or loss of smaller populations boreal toads, which could affect toad not be as prevalent. The petition states through random events (Hogrefe et al. movement, breeding, and genetic drought and early or late season freezing 2005, pp. 14–15). interchange (Bartelt et al. 2010, p. 2675). temperatures caused by climate change Diseases, such as chytridiomycosis, Conversely, warmer temperatures could may dry up breeding pools and cause which is caused by Bd, also could cause potentially help boreal toads by mortality before or after hibernation extirpation of these small populations. lengthening the growing season and (McGee and Keinath 2004, p. 41). The The SRM conservation plan gives a increasing the rate of growth, leading to petition states that warming will limit general idea of a large ‘‘population’’ in earlier metamorphosis and greater activity of toads in different habitats the viability criteria as 20 or more adult survival (Carey et al. 2005, p. 236). We

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find that the petition and information in is based on information provided under DEPARTMENT OF THE INTERIOR our files does not present substantial Factors C and E. Fish and Wildlife Service scientific or commercial information Because we have found that the indicating that climate change may be a petition presents substantial threat to the Eastern population of the 50 CFR Part 17 information indicating that listing the boreal toad. Eastern population of the boreal toad as [Docket No. FWS–R1–ES–2010–0043; Ultraviolet Radiation—The effect of 4500030114] increased UV–B radiation resulting from a DPS may be warranted, we are ozone depletion has been implicated as initiating a status review to determine RIN 1018–AV49 a contributing factor in amphibian whether listing the Eastern population Endangered and Threatened Wildlife declines, particularly on species of the boreal toad under the Act is and Plants; Listing 23 Species on inhabiting mountainous regions. warranted. During the status review, we Oahu as Endangered and Designating However, studies are conflicting as to will fully address the cumulative effects Critical Habitat for 124 Species whether UV–B radiation has any effect of threats discussed under each factor. on boreal toads and other frog species. Additionally, if during the status review AGENCY: Fish and Wildlife Service, A correlation was demonstrated period the Eastern population of the Interior. between increased levels of UV–B and boreal toad is classified as its own ACTION: Proposed rule; reopening of amphibian mortality in boreal toads and species, the Service will determine if comment period. the Cascades frog (Rana cascadae), but listing the newly classified species is there was no effect of ambient UV–B warranted. SUMMARY: We, the U.S. Fish and radiation on red-legged frog (R. aurora) Wildlife Service (Service), announce the hatching success (Blaustein et al. 1994, The ‘‘substantial information’’ reopening of the comment period on our pp. 1791, 1793–1794). No evidence standard for a 90-day finding differs August 2, 2011, proposal to list as linking UV–B levels to the decline of the from the Act’s ‘‘best scientific and endangered and to designate critical boreal toad was found in another study commercial data’’ standard that applies habitat for 23 species on the island of (Corn 1998, pp. 18, 21–25). Another to a status review to determine whether Oahu in the Hawaiian Islands under the study suggested that UV–B and pH a petitioned action is warranted. A 90- Endangered Species Act of 1973, as could have synergistic effects on day finding does not constitute a status amended (Act); designate critical habitat embryonic success (Long et al. 1995, review under the Act. In a 12-month for 2 plant species that are already listed entire). However, as stated in the finding, we will determine whether a as endangered; and to revise critical ‘‘Pollutants’’ section under Factor A, pH petitioned action is warranted after we habitat for 99 plant species that are does not appear to be an issue for boreal have completed a thorough status already listed as endangered or toads, and, consequently, the synergistic review of the species, which is threatened. We also announce the effects of UV–B and pH on boreal toads conducted following a substantial 90- availability of a draft economic analysis are not expected to occur in the wild. day finding. Because the Act’s standards (DEA) of the proposed designation and Therefore, we determine that the for 90-day and 12-month findings are an amended required determinations section of the proposal. We are petition and information in our files do different, as described above, a reopening the comment period to allow not present substantial scientific or substantial 90-day finding does not commercial information indicating that all interested parties an opportunity to mean that the 12-month finding will comment simultaneously on the UV–B radiation may be a threat to the result in a warranted finding. Eastern population of the boreal toad. proposed rule, the associated DEA, and References Cited the amended required determinations Summary for Factor E section. Comments previously Based on our evaluation, the petition A complete list of references cited is submitted on this rulemaking do not and information in our files present available on the Internet at http:// need to be resubmitted, as they will be substantial information that listing the www.regulations.gov and upon request fully considered in preparation of the Eastern population of the boreal toad from the Western Colorado Field Office final rule. We are also considering due to isolation and small population (see FOR FURTHER INFORMATION CONTACT). revising the boundary for Oahu— size may be warranted. Based on our Lowland Dry—Unit 8, from that evaluation, neither the petition nor Author described in the proposed rule, based on information in our files presents The primary authors of this notice are new information regarding the biological conditions within certain substantial information that listing the the staff members of the Colorado Field Eastern population of the boreal toad portions of the unit. Office in Grand Junction and Lakewood, due to climate change or UV–B DATES: Colorado. The comment period end date is radiation may be warranted. However, May 14, 2012. We request that we will evaluate the potential threat of Authority: The authority for this action is comments be submitted by 11:59 p.m. climate change and UV–B radiation the Endangered Species Act of 1973, as Eastern Time on the closing date. more thoroughly during the 12-month amended (16 U.S.C. 1531 et seq.). ADDRESSES: status review if we determine that a Dated: March 27, 2012. Document Availability valid DPS of boreal toad exists. Rowan W. Gould, You may obtain a copy of the DEA via Finding Acting Director, U.S. Fish and Wildlife http://www.regulations.gov at Docket On the basis of our determination Service. No. FWS–R1–ES–2010–0043 or by under section 4(b)(3)(A) of the Act, we [FR Doc. 2012–8806 Filed 4–11–12; 8:45 am] contacting the office listed under FOR determine that the petition presents BILLING CODE 4310–55–P FURTHER INFORMATION CONTACT. substantial scientific or commercial information indicating that listing the Comment Submission Eastern population of the boreal toad as You may submit comments by one of a DPS may be warranted. This finding the following methods:

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