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Designation of Critical Habitat for Frosted Flatwoods Salamander and Reticulated Flatwoods Salamander; Final Rule

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Designation of Critical Habitat for Frosted Flatwoods Salamander and Reticulated Flatwoods Salamander; Final Rule Tuesday, February 10, 2009 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Reticulated Flatwoods Salamander; Designation of Critical Habitat for Frosted Flatwoods Salamander and Reticulated Flatwoods Salamander; Final Rule VerDate Nov<24>2008 14:17 Feb 09, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\10FER2.SGM 10FER2 erowe on PROD1PC63 with RULES_2 6700 Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Rules and Regulations DEPARTMENT OF THE INTERIOR during normal business hours, at U.S. Register on or before July 30, 2008, with Fish and Wildlife Service, Mississippi the final critical habitat rule to be Fish and Wildlife Service Fish and Wildlife Office, 6578 Dogwood submitted for publication in the Federal View Parkway, Jackson, MS 39213. Register by January 30, 2009. The 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: Ray revised proposed rule was signed on [FWS–R4–ES–2008–0082; MO 9921050083– Aycock, Field Supervisor, U.S. Fish and and delivered to the Federal Register on B2] Wildlife Service, Mississippi Field July 30, 2008, and it subsequently Office, 6578 Dogwood View Parkway, published on August 13, 2008 (73 FR RIN 1018–AU85 Jackson, MS 39213; telephone: 601– 47258). We also published supplemental information on the Endangered and Threatened Wildlife 321–1122; facsimile: 601–965–4340. If you use a telecommunications device proposed rule to maintain the status of and Plants; Determination of the frosted flatwoods salamander as Endangered Status for Reticulated for the deaf (TDD), call the Federal Information Relay Service (FIRS) at threatened (73 FR 54125; September 18, Flatwoods Salamander; Designation of 2008). Critical Habitat for Frosted Flatwoods 800–877–8339. Salamander and Reticulated Flatwoods SUPPLEMENTARY INFORMATION: This Public Comments Salamander document consists of: (1) A final rule to Due to the nature of the proposed change the listing of the currently rule, we received combined comments AGENCY: Fish and Wildlife Service, threatened flatwoods salamander Interior. from the public on the listing action and (Ambystoma cingulatum) to frosted the critical habitat designation. ACTION: Final rule. flatwoods salamander (Ambystoma Therefore, we have addressed these cingulatum) and reticulated flatwoods SUMMARY: issues in a single comment section. In We, the U.S. Fish and salamander (Ambystoma bishopi) (the Wildlife Service (Service), finalize the this final rule, we have presented the frosted flatwoods salamander will listing analysis first, followed by the listing under the Endangered Species continue to be listed as threatened and Act of 1973, as amended (Act), of the analysis for designation of critical the reticulated flatwoods salamander is habitat. All public comments and our currently threatened flatwoods listed as endangered); and (2) final salamander (Ambystoma cingulatum) responses to them are presented under critical habitat designations for each the Critical Habitat section. into two distinct species: Frosted species. flatwoods salamander (Ambystoma Background cingulatum) and reticulated flatwoods Previous Federal Actions It is our intent to discuss only those salamander (Ambystoma bishopi) due to The flatwoods salamander was listed topics directly relevant to the taxonomic a recognized taxonomic reclassification; as threatened on April 1, 1999 (64 FR reclassification of the flatwoods determine endangered status for the 15691). At that time, we found that salamander into two species, the frosted reticulated flatwoods salamander; retain designation of critical habitat for the flatwoods salamander and the threatened status for the frosted flatwoods salamander was not prudent reticulated flatwoods salamander, the flatwoods salamander; and designate because such designation would not be determination of the status of these two critical habitat for the frosted flatwoods beneficial and may increase threats to species, and the designation of critical salamander and the reticulated the species. On April 1, 2005, Center for habitat for both species. For more flatwoods salamander. In total, Biological Diversity, Wild South, and information on the biology and ecology approximately 27,423 acres (ac) (11,100 Florida Biodiversity Project filed a of flatwoods salamanders, refer to the hectares (ha)) in 35 units or subunits fall lawsuit against the Secretary of the final listing rule published in the within the boundaries of the critical Interior alleging failure to designate Federal Register on April 1, 1999 (64 FR habitat designation; 22,970 ac (9,297 ha) critical habitat for the flatwoods 15691). For information on our of critical habitat is designated for the salamander. In a court-approved proposed determination of endangered frosted flatwoods salamander and 4,453 settlement agreement, we agreed to re- status for the reticulated flatwoods ac (1,803 ha) for the reticulated evaluate the need for critical habitat for salamander, and on the proposed flatwoods salamander. This area is a the species and, if prudent, submit a designation of critical habitat for the reduction of 3,205 ac (977 ha) from the proposed designation of critical habitat frosted flatwoods salamander and the proposed designation; 162 ac (66 ha) to the Federal Register by January 30, reticulated flatwoods salamander, refer less for the frosted flatwoods 2007, and submit a final critical habitat to the proposed rule published in the salamander and 3,043 ac (928 ha) less rule for publication in the Federal Federal Register on August 13, 2008 (73 for the reticulated flatwoods Register by January 30, 2008. We FR 47258). salamander. The critical habitat is published a proposed rule to designate located in Baker, Calhoun, Franklin, critical habitat for the flatwoods Taxonomic Classification Holmes, Jackson, Jefferson, Liberty, salamander in the Federal Register on The original listing rule (64 FR 15691; Santa Rosa, Wakulla, Walton, and February 7, 2007 (72 FR 5856). After April 1, 1999) described the geographic Washington Counties in Florida; Baker that proposed rule published, new range of the flatwoods salamander as it and Miller Counties in Georgia; and information became available on its was known at that time. The range for Berkeley, Charleston, and Jasper taxonomic classification and additional the species included occurrences across Counties in South Carolina. threats to occupied habitat that the lower southeastern Coastal Plain in DATES: This rule becomes effective on necessitated a reevaluation of the Florida, Georgia, and South Carolina. March 12, 2009. proposed rule. On January 25, 2008, the Taxonomic revision resulted from ADDRESSES: This final rule and final court-approved settlement agreement research done by Pauly et al. (2007, pp. economic analysis are available on the was modified to require that a revised 415–429) that suggested a taxonomic Internet at http://www.regulations.gov. proposed critical habitat designation for reclassification of the species by Supporting documentation we used in the frosted flatwoods salamander and splitting the flatwoods salamander into preparing this final rule is available for the reticulated flatwoods salamander be two species—the frosted flatwoods public inspection, by appointment, submitted for publication in the Federal salamander and the reticulated VerDate Nov<24>2008 14:17 Feb 09, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\10FER2.SGM 10FER2 erowe on PROD1PC63 with RULES_2 Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / Rules and Regulations 6701 flatwoods salamander. The additional morphometric traits, and Species Information Apalachicola River drainage forms a sexual dimorphisms in tail length, As far as we currently know, the life geographic barrier between the two height, and width are all significantly history traits and habitat use of both the species. This drainage is a common site different between the two taxa. Due to frosted flatwoods salamander and the for east-west phylogeographic breaks in the importance of the tail in reticulated flatwoods salamander are many other taxa as well. For this reason, ambystomatid courtship and similar to those previously described for the reclassification of the flatwoods fertilization, tail differences may be the flatwoods salamander. Both species salamander into two species is currently particularly important (Duellman and of flatwoods salamanders are accepted by the scientific community Trueb 1986, pp. 64–66). moderately sized salamanders that are and by the Service. We hereby amend Allozyme data presented in Shaffer et generally black to chocolate-black with the List of Endangered and Threatened al. (1991, pp. 290–291, 302) also fine, irregular, light gray lines and Wildlife at 50 CFR 17.11(h) to reflect indicated differences between specks that form a cross-banded pattern this revision to taxonomy. salamanders on either side of the across their backs (back pattern more Goin (1950, p. 299) recognized two Apalachicola River. Their results net-like in the reticulated flatwoods distinct subspecies of flatwoods demonstrated these populations have salamander based on morphological and salamander). The frosted flatwoods fixed-allele differences, consistent with salamander generally tends to be larger color pattern variation. This the mtDNA and morphological results. reclassification between the eastern and than the reticulated flatwoods The frosted and reticulated
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