Wednesday, February 7, 2001 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for the Arroyo Toad; Final Rule VerDate 11<MAY>2000 18:55 Feb 06, 2001 Jkt 194001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07FER2.SGM pfrm10 PsN: 07FER2 9414 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Rules and Regulations DEPARTMENT OF THE INTERIOR Section 4 of the Act requires us to venter (underside) is white or buff and consider economic and other relevant without dark blotches or spots. A light- Fish and Wildlife Service impacts of specifying any particular area colored, V-shaped stripe crosses the as critical habitat. Section 7 of the Act head and eyelids, and the anterior 50 CFR Part 17 prohibits destruction or adverse portion of the oval parotoid glands (just RIN 1018—AG15 modification of critical habitat by any behind the eyes) are pale. There is activity funded, authorized, or carried usually a light area on each side of the Endangered and Threatened Wildlife out by any Federal agency. We solicited sacral (pelvic) hump and in the middle and Plants; Final Designation of data and comments from the public on of the back. The arroyo toad generally Critical Habitat for the Arroyo Toad all aspects of the proposal, including does not have a middorsal stripe, but if data on the economic and other impacts one is present, it extends only partway AGENCY: Fish and Wildlife Service, of designation and our approaches for along the back. Interior. handling HCPs. We revised the proposal The arroyo toad is found in coastal ACTION: Final rule. to incorporate or address new and desert drainages from Monterey information received during the County, California, south into SUMMARY: We, the U.S. Fish and northwestern Baja California, Mexico. Wildlife Service (Service), designate comment periods. We also correct the list of endangered These systems are inherently quite critical habitat for the arroyo toad (Bufo species to account for a change in the dynamic, with marked seasonal and californicus) pursuant to the taxonomy of the arroyo toad. annual fluctuations in climatic regimes, Endangered Species Act of 1973, as particularly rainfall. Natural climatic amended (Act). A total of approximately DATE: This rule becomes effective on March 9, 2001. variations as well as other random 73,780 hectares (182,360 acres) in events, such as fires and floods, coupled FOR FURTHER INFORMATION CONTACT: For Monterey, Santa Barbara, Ventura, Los with the species’ specialized habitat Angeles, San Bernardino, Riverside, information about Monterey, San Luis requirements, lead to annual Orange, and San Diego Counties, Obispo, Santa Barbara, and Ventura fluctuations in arroyo toad populations. California, is designated as critical Counties, northern Los Angeles County Human alterations of habitat can have habitat. and the desert portion of San unpredictable effects on arroyo toad Critical habitat identifies specific Bernardino County, contact Diane Noda, populations. As a result of agriculture areas that are essential to the Field Supervisor, Ventura Fish and and urbanization, and the construction, conservation of a listed species and, Wildlife Office, 2394 Portola Road, operation, and maintenance of water with respect to areas within the Suite B, Ventura, California, (telephone storage reservoirs, flood control geographic range occupied by the 805/644–1766; facsimile 805/644–3958). structures, roads, and recreational species, that may require special For information about southern Los facilities such as campgrounds and off- management considerations or Angeles and urban and montane San highway vehicle parks, many arroyo protection. The primary constituent Bernardino Counties, and Riverside, toad populations have been reduced in elements for the arroyo toad are those Orange, and San Diego Counties, contact size or extirpated (eliminated) due to habitat components that are essential for Ken Berg, Field Supervisor, Carlsbad extensive habitat loss from the 1920s the primary biological needs of foraging, Fish and Wildlife Office, 2730 Loker into the 1990s. Jennings and Hayes breeding, growth of larvae (tadpoles) Avenue West, Carlsbad, California (1994) believe that the loss of habitat, and juveniles, intra-specific 92008 (telephone 760/431–9440; coupled with habitat modifications due communication, dispersal, migration, facsimile 760/431–9624). to the manipulation of water levels in genetic exchange, and sheltering. All SUPPLEMENTARY INFORMATION: many central and southern California areas designated as critical habitat for Background streams and rivers, as well as predation the arroyo toad contain one or more of from introduced aquatic species and the primary constituent elements. The following discussion is adapted habitat degradation from introduced We have not designated critical from the final recovery plan for the plant species, caused arroyo toads to be habitat on lands covered by an existing, arroyo toad (Service 1999), which is extirpated from 76 percent of the legally operative, incidental take permit available from the addresses above. The previously occupied habitat in for the arroyo toad under section arroyo toad (Bufo californicus) is one of California. 10(a)(1)(B) of the Act, except for one three members of the southwestern toad Because the arroyo toad was often area that has activities not covered by (B. microscaphus) complex, in the confused with the California toad (Bufo the habitat conservation plan (HCP). family of true toads, Bufonidae. At the boreas halophilus), which is very Subsection 4(b)(2) of the Act allows us time it was listed, the arroyo toad was common in the same region, detailed to exclude from critical habitat considered a subspecies of the studies of the natural history of the designation areas where the benefits of southwestern toad, B. microscaphus arroyo toad were not begun until the exclusion outweigh the benefits of californicus. The taxonomy of the 1980s and 1990s. The arroyo toad designation, provided the exclusion will complex has been examined recently by exhibits breeding habitat specialization not result in the extinction of the Gergus (1998). Based on his genetic that favors shallow pools and open sand species. We believe that the benefits of studies, the arroyo toad should be and gravel channels along low-gradient excluding HCPs from the critical habitat considered a separate species, Bufo reaches of medium to large-sized designation for the arroyo toad will californicus. streams (Service 1999). These streams outweigh the benefits of including them. The arroyo toad is a small (adults: can have either intermittent or perennial In areas where HCPs have not yet had snout-urostyle (body) length 55 to 82 streamflow and typically experience permits issued, we have designated millimeters (mm) (2.2 to 3.2 inches periodic flooding that scours vegetation critical habitat for lands essential to the (in.)), dark-spotted toad of the family and replenishes fine sediments. In at survival and conservation of arroyo Bufonidae, with females larger than least some portions of its range, the toads and that may require special males. Adult arroyo toads have a light- species also breeds in smaller streams management considerations or olive green or gray to tan dorsum (back) and canyons where low-gradient protections. with dark spots and warty skin. The breeding sites are more sporadically VerDate 11<MAY>2000 18:55 Feb 06, 2001 Jkt 194001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\07FER2.SGM pfrm10 PsN: 07FER2 Federal Register / Vol. 66, No. 26 / Wednesday, February 7, 2001 / Rules and Regulations 9415 distributed. Populations in smaller Arroyo toads have specialized yet have appropriate levels of prey. drainages are likely to be smaller and at requirements for breeding habitats. When active at night, toads often can be greater risk of extirpation than those on Breeding, arroyo toads use open sites observed near ant trails feeding on larger streams and in larger habitat such as overflow pools, old flood passing ants, beetles, and other prey. patches (Service 1999). channels, and shallow pools along Males call from the streams during the Arroyo toads also require and spend streams. Such habitats rarely have breeding period, which is generally most of their adult life in upland closed canopies over the lower banks of from late February to early July, habitats. Individual toads have been the stream channel due to regular flood although it can be extended in some observed as far as 2 kilometers (km) (1.2 events. Heavily shaded pools are years, depending on weather conditions. miles (mi)) from the streams where they generally unsuitable for larval and Males may remain at or near the breed, but are most commonly found juvenile arroyo toads because of lower breeding pools for several weeks and are within 0.5 km (0.3 mi) of those streams water and soil temperatures and poor particularly susceptible to predation at (Service 1999; Griffin et al. 1999; Dan C. algal mat development. Episodic this time. Females apparently move to Holland, Camp Pendleton Amphibian (temporary) flooding is critical to keep the breeding pools in the streams for and Reptile Survey, Fallbrook, the low stream terraces relatively only short time periods, in order to soak California, unpublished data; Holland vegetation-free and the soils friable in the water and to breed (Griffin et al. and Sisk 2000). Arroyo toads typically enough for juvenile and adult toads to 1999; Nancy Sandburg, Santa Barbara, burrow underground during periods of create burrows. Pools less than 30 California, pers. comm. 1999). inactivity and thus tend to utilize centimeters (cm) (12 in.) deep with clear Amplexus (mating embrace of the upland habitats that have sandy, friable water, flow rates less than 5 cm per female by the male) and egg-laying (readily crumbled) soils. Although the second (0.2 foot (ft) per second), and generally occur at the site where the upland habitat use patterns of this bottoms composed of sand or well- male was calling.