13720 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Proposed Rules

environmental laws when project by the petition and in Service files does will assist with the conservation of the impacts are reviewed. Although, current not indicate or document a threat to species. If you wish to provide State and Federal regulations regarding southern hickorynut mussels due to information regarding the species, you pollutants are generally assumed to be drought or floods. may submit your information or protective of freshwater mollusks, we do materials to the Field Supervisor, Finding have information to indicate that some Mississippi Ecological Services Field pollutant standards may not be We have reviewed the petition and Office (see ADDRESSES section) at any protective for freshwater mussels (e.g., supporting information provided with time. Augspurger et al. 2007, p. 2026). the petition and evaluated that However, there is no information in our information in relation to other References Cited files to suggest specific pollution threats pertinent literature and information, A complete list of references cited is to the southern hickorynut in any and we have evaluated the information available on the Internet at http:// specific area, and the petition provided to determine whether the sources cited www.regulations.gov and upon request no information to support the assertion support the claims made in the petition. from the Mississippi Ecological Services therein that existing regulatory We recognize that many freshwater Field Office (see FOR FURTHER mechanisms are inadequate to protect mussel species are experiencing INFORMATION CONTACT). the species. Furthermore, as noted declines in both range and population Author under Factor B, above, the southern abundances due to the generalized hickorynut is not considered a threats identified by the petition. The primary author of this notice is commercial species, has little value in However, review of the information Paul Hartfield (see ADDRESSES). provided in the petition and in our files commerce, and all States within the Authority range of the southern hickorynut either indicates that this species is not regulate or restrict mussel harvest. declining range-wide. The authority for this action is the In summary, we find that the In considering what factors might Endangered Species Act of 1973, as information provided in the petition, as constitute threats, we must look beyond amended (16 U.S.C. 1531 et seq.). well as other information in our files, the mere exposure of the species to the Dated: March 9, 2010. does not present substantial scientific or factor to determine whether the species Daniel M. Ashe, responds to the factor in a way that commercial information indicating that Acting Director, U.S. Fish and Wildlife the petitioned action may be warranted causes actual impacts to the species. If Service. there is exposure to a factor, but no due to the inadequacy of existing [FR Doc. 2010–6111 Filed 3–22–10; 8:45 am] regulations. response, or only a positive response, that factor is not a threat. If there is BILLING CODE 4310–55–S E. Other Natural or Manmade Factors exposure and the species responds Affecting the Species’ Continued negatively, the factor may be a threat DEPARTMENT OF THE INTERIOR Existence and we then attempt to determine how The petition asserts that significant a threat it is. If the threat is Fish and Wildlife Service fragmentation of freshwater mussel significant, it may drive or contribute to stream habitat makes mussel species the risk of extinction of the species such 50 CFR Part 17 more vulnerable to droughts and floods that the species may warrant listing as attributed to climate change (e.g., threatened or endangered as those terms [Docket No. FWS-R4-ES-2010-0007] WildEarth Guardians 2008, p. 27, citing are defined by the Act. This does not [MO 92210-0-0008-B2] necessarily require empirical proof of a Hamlet and Lettenmaier 2007, p. 43). Endangered and Threatened Wildlife threat. The combination of exposure and and Plants; 90-Day Finding on a Evaluation of Information in the Petition some corroborating evidence of how the Petition to List the Striped Newt as and Our Files species is likely impacted could suffice. Threatened The petition provided no information The mere identification of factors that on habitat fragmentation or changes in could impact a species negatively may AGENCY: Fish and Wildlife Service, the frequency of droughts and floods not be sufficient to compel a finding Interior. within the range of the southern that listing may be warranted. The ACTION: Notice of petition finding and hickorynut, or on specific detrimental information shall contain evidence initiation of status review. effects of habitat fragmentation, sufficient to suggest that these factors droughts, or floods to the hickorynut. may be operative threats that act on the SUMMARY: We, the U.S. Fish and Information in our files documents species to the point that the species may Wildlife Service (Service), announce a mollusk declines within small perennial meet the definition of threatened or 90–day finding on a petition to list the streams that have lost flow as a direct endangered under the Act. We found no striped newt (Notophthalmus result of drought (for example, Golladay information to suggest that threats are perstriatus) as threatened under the et al. 2004, p. 494; Haag and Warren acting on the southern hickorynut such Endangered Species Act of 1973, as 2008, p. 1165). However, most recent that the species may become extinct amended (Act). We find that the petition site records of the southern hickorynut now or in the foreseeable future. presents substantial scientific or are from medium to large perennial Based on this review and evaluation, commercial information indicating that stream channels (e.g., the Big Black, we find that the petition does not listing the striped newt may be Buttahatchee, Amite, Pearl, Tickfaw, present substantial scientific or warranted. Therefore, with the Neches, Arkansas, White, Ouachita, and commercial information to indicate that publication of this notice, we are Hatchie Rivers) that are less susceptible listing the southern hickorynut under initiating a review of the status of the to total loss of flow by drought. In the Act as threatened or endangered species to determine if listing the addition, the wide distribution of the may be warranted at this time. Although species is warranted. To ensure that this species reduces its vulnerability to we will not commence a status review status review is comprehensive, we are extinction due to local stochastic at this time, we encourage interested requesting scientific and commercial threats. Therefore, information provided parties to continue to gather data that data and other information regarding

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this species. Based on the status review, a) Habitat requirements for feeding, determination. Section 4(b)(1)(A) of the we will issue a 12–month finding on the breeding, and sheltering; Act directs that determinations as to petition, which will address whether b) Genetics and taxonomy; whether any species is an endangered or the petitioned action is warranted, as c) Historical and current range, threatened species must be made ‘‘solely provided in section 4(b)(3)(B) of the Act. including distribution patterns; on the basis of the best scientific and We will make a determination on d) Historical and current population commercial data available.’’ critical habitat for this species if, and levels, and current and projected trends; and You may submit your information when, we initiate a listing action. concerning this status review by one of DATES: To allow us adequate time to e) Past and ongoing conservation measures for the species, its habitat, the methods listed in the ADDRESSES conduct this review, we request that we section. If you submit information via receive information on or before May or both. 2) The factors that are the basis for http://www.regulations.gov, your entire 24, 2010. After this date, you must submission—including any personal submit information directly to the Field making a listing determination for a species under section 4(a) of the identifying information—will be posted Office (see FOR FURTHER INFORMATION Endangered Species Act of 1973, as on the website. If you submit a CONTACT section below). Please note that hardcopy that includes personal we may not be able to address or amended (Act) (16 U.S.C. 1531 et identifying information, you may incorporate information that we receive seq.), which are: a) The present or threatened request at the top of your document that after the above requested date. destruction, modification, or we withhold this personal identifying ADDRESSES: You may submit curtailment of its habitat or range; information from public review. information by one of the following b) Overutilization for commercial, However, we cannot guarantee that we methods: recreational, scientific, or will be able to do so. We will post all • Federal eRulemaking Portal: http:// educational purposes; c) Disease or hardcopy submissions on http:// www.regulations.gov. Search for Docket predation; www.regulations.gov. No. FWS-R4-ES-2010-0007 and then d) The inadequacy of existing Information and supporting follow the instructions for submitting regulatory mechanisms; or comments. e) Other natural or manmade factors documentation that we received and • U.S. mail or hand-delivery: Public affecting its continued existence. used in preparing this finding will be Comments Processing, Attn: FWS-R4- 3) The potential effects of climate available for you to review at http:// ES-2010-0007; Division of Policy and change on this species and its habitat. www.regulations.gov, or you may make Directives Management; U.S. Fish and If we determine that listing the striped an appointment during normal business Wildlife Service; 4401 N. Fairfax Drive, newt is warranted, it is our intent to hours at the U.S. Fish and Wildlife Suite 222; Arlington, VA 22203. propose critical habitat to the maximum Service, Mississippi Ecological Services We will post all information received extent prudent and determinable at the Field Office (see FOR FURTHER on http://www.regulations.gov. This time we propose to list the species. INFORMATION CONTACT). generally means that we will post any Therefore, with regard to areas within Background personal information you provide us the geographical range currently (see the Information Requested section occupied by the striped newt, we also Section 4(b)(3)(A) of the Act requires below for more details). request data and information on what that we make a finding on whether a FOR FURTHER INFORMATION CONTACT: may constitute physical or biological petition to list, delist, or reclassify a Stephen Ricks, Field Supervisor, features essential to the conservation of species presents substantial scientific or Mississippi Ecological Services Field the species, where these features are commercial information indicating that Office, 6578 Dogwood View Parkway, currently found, and whether any of the petitioned action may be warranted. Jackson, MS 39213; by telephone (601- these features may require special We are to base this finding on 965-4900); or by facsimile (601-965- management considerations or information contained in the petition, 4340). If you use a telecommunications protection. supporting information submitted with device for the deaf (TDD), call the In addition, we request data and the petition, and information otherwise Federal Information Relay Service information regarding whether there are readily available in our files at the time (FIRS) at 800-877-8339. areas outside the geographical area the petition is received. To the SUPPLEMENTARY INFORMATION: occupied by the species that are maximum extent practicable, we are to essential to the conservation of the Information Requested make this finding within 90 days of our species. Please provide specific receipt of the petition and publish our When we make a finding that a comments and information as to what, notice of this finding promptly in the petition presents substantial if any, critical habitat you think we Federal Register. information to indicate that listing a should propose for designation if the species may be warranted, we are species is proposed for listing, and why Our standard for substantial scientific required to promptly commence a such habitat meets the requirements of or commercial information within the review of the status of the species the Act. Code of Federal Regulations (CFR) with (status review). To ensure that the status Please include sufficient information regard to a 90–day petition finding is review is complete and based on the with your submission (such as scientific ‘‘that amount of information that would best available scientific and commercial journal articles or other supporting lead a reasonable person to believe that information, we request information on publications or data) to allow us to the measure proposed in the petition the striped newt from governmental verify any scientific or commercial may be warranted’’ (50 CFR 424.14(b)). agencies, Native American Tribes, the information you include. If we find that substantial scientific or scientific community, industry, and any Submissions merely stating support commercial information was presented, other interested parties. We seek for or opposition to the action under we are required to promptly commence information on: consideration without providing a review of the status of the species, 1) The species’ biology, range, and supporting information, although noted, which will be subsequently summarized population trends, including: will not be considered in making a in our 12–month finding.

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Petition History southeastern Georgia into peninsular take place. Eggs hatch and develop into On July 14, 2008, we received a north-central Florida and up through externally gilled larvae in the temporary petition dated July 10, 2008, from Dr. D. the Florida panhandle into portions of pond environment. Once larvae reach a Bruce Means, Ryan C. Means, and southwest Georgia. The historical range size suitable for metamorphosis, they Rebecca P.M. Means of the Coastal of striped newts was probably similar to may either undergo metamorphosis and the current range. However, due to exit the pond as immature terrestrial Plains Institute and Land Conservancy extensive habitat modification, many newts (efts), or remain in the pond and requesting that we list the striped newt populations have likely been lost (Dodd eventually mature into gilled aquatic (Notophthalmus perstriatus) as et al. 2005, p. 887). adults (neotenes) (Petranka 1998, pp. threatened under the Act. The petition Within their range, striped newts may 449-450; Johnson 2005, p. 384). An eft clearly identified itself as such and occur in longleaf pine (Pinus palustris) is orange-red with the red stripe of the included the requisite identification - dominated savanna, scrub, or sandhills adult and is adapted for life in dry information for the petitioners, as that have a rich groundcover of grasses longleaf pine-wiregrass forests (Means required at 50 CFR 424.14(a). In an and forbs maintained by frequent fire 2006, p. 162). The eft remains terrestrial August 15, 2008, letter to the (Petranka 1998, pp. 448-449). Adults for 1 to 3 years (presumably until petitioners, we stated that we could not and juvenile newts live in underground sexually mature) and then returns to a address their petition at that time retreats in these uplands. Adults move breeding pond where its skin changes because responding to existing court out of the uplands from late fall to early into the aquatic adult form. If a breeding orders and settlement agreements for spring and into isolated, shallow, pond retains water and does not dry up other listing actions required nearly all temporary ponds to breed. Immigration after the normal summer drying period, of our listing funding. These delays to ponds is correlated with heavy rains larvae may bypass the eft stage and continued until earlier this fiscal year, that result in pond filling; emigration become sexually mature as gilled larvae. when we were able to allocate funding occurs in response to pond drying and This is termed neoteny (retention of to the petitioned action. metamorphosis (Dodd et al. 2005, p. larval characteristics when sexually Previous Federal Actions 888). Striped newts breed exclusively in mature) and occurs frequently in striped small, ephemeral ponds that lack newts. After reproducing, these We included the striped newt in the predaceous fish (Christman and Means individuals initiate metamorphosis and November 15, 1994, notice of plant and 1992, p. 62; Dodd et al. 2005, p. 888). migrate from the breeding pond into the animal taxa regarded as candidates for These breeding ponds are typically surrounding uplands (Johnson 2002, p. possible listing under the Act as a sinkhole ponds in sandhills and cypress 384). When ponds dry, both aquatic Category 2 candidate species (59 FR and bay ponds in the wetter pine adult forms and larviform adults 58982). In the February 28, 1996, notice flatwoods communities (Christman and transform and assume the terrestrial (61 FR 7596), the Service discontinued Means 1992, p. 62). Striped newts spend adult form (Dodd et al. 2005, p. 888). the designation of Category 2 species as the majority of their lives in the pine Very little is known about the candidates and thus the striped newt uplands that surround their breeding terrestrial life of the striped newt. A was no longer considered a candidate ponds. Terrestrial adults may commonly striped newt has survived in captivity as species. However, the Service has move between 1,640 feet (ft) and 2,297 an aquatic adult for more than 17 years monitored this species and has ft (500 meters (m) to 700 m) from ponds (LaClaire 2008), although such a long supported research addressing its after breeding (Dodd 1996, p. 47; aquatic life probably rarely occurs in distribution, status, life history, and Johnson 2003, p. 16). Johnson (2003, p. nature because of the ephemeral nature taxonomy. 3) found that at least 16 percent of of the species’ breeding ponds. Whether Species Information individuals breeding at a single pond this potential longevity extends to the migrated in excess of 1,640 ft (500 m) terrestrial stage of adult striped newts is The striped newt (Notophthalmus from the pond into the uplands. unknown. The upland microhabitat perstriatus) is a small salamander that Only two species of newt occur in the preferences of striped newts and the reaches a total length of 2 to 4 inches eastern United States, the striped newt prey items they use there are also (5 to 10 centimeters) (Conant and (N. perstriatus) and the eastern newt (N. unknown. It is assumed they occur Collins 1991, p. 258). A continuous red viridescens) (Conant and Collins 1991, under grass clumps, under leaf litter, or stripe runs the length of the side of its p. 256). The striped newt has no in burrows, and consume any small trunk and extends onto the head and tail subspecies. The eastern newt consists of invertebrates they can catch, as do other where it may become fragmented. The four subspecies: the broken-striped newt salamanders in similar below-ground stripe is dark-bordered, but not so (N. v. dorsalis), the central newt (N. v. habitats (Bishop 1941, pp. 70, 128, 151). boldly and evenly as in the broken- louisianensis), the peninsula newt (N. v. striped newt (N. viridescens dorsalis) piaropicola), and the red-spotted newt Evaluation of Information for This (Conant and Collins 1991, p. 258). There (N. v. viridescens). Superficially, the Finding may be a row of red spots along the side striped newt resembles these Section 4 of the Act (16 U.S.C. 1533) of the body and a faint light stripe down subspecies. However, allozyme (genetic and its implementing regulations at 50 the center of its back. The ground color markers used to compare genetic CFR 424 set forth the procedures for of the sides and back is olive-green to variation) data presented by Reilly adding a species to, or removing a dark brown. The belly is yellow, usually (1990, p. 55) indicated that the closest species from, the Federal Lists of sparsely marked with black specks. The relative of the striped newt is the black- Endangered and Threatened Wildlife skin of newts tends to be rougher and spotted newt (N. meridionalis), which and Plants. A species may be less slimy than other salamanders. The occurs in south Texas and adjacent determined to be an endangered or costal grooves (grooves along the side Mexico. threatened species due to one or more body of salamanders used in species The striped newt has one of the most of the five factors described in section identification) are indistinct. complex life cycles of any amphibian 4(a)(1) of the Act: Striped newts occur only in Florida (Johnson 2002, p. 384). Sexually mature (A) The present or threatened and Georgia. Their range extends along adults migrate to breeding ponds where destruction, modification, or the Atlantic Coastal Plain of courtship, copulation, and egg-laying curtailment of its habitat or range;

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(B) Overutilization for commercial, than five adult striped newts and no indicated that 28 percent of new pine recreational, scientific, or larvae were observed in the following 7 plantations came from forest that was educational purposes; years of the study (Means 2007, p. 19). previously natural pine (Ware and Greis (C) Disease or predation; This decline was caused, at least in part, 2002, p. 46). Forecast models predict (D) The inadequacy of existing by degradation and loss of longleaf pine that southern forests will continue to be regulatory mechanisms; or habitats due to various causes, lost to urbanization (Ware and Greis (E) Other natural or manmade factors especially lack of fire and hardwood 2002, p. 92). The result of this habitat affecting its continued existence. invasion. loss is that longleaf pine ecosystems In making this 90–day finding, we Habitat degradation and destruction now occupy only 2 percent of their evaluated whether information of temporary pond breeding sites within original range (Ware and Greis 2002, p. regarding the striped newt, as presented forested habitat represent more specific 66). in the petition and other information threats. Cumulative effects of breeding available in our files, is substantial, pond destruction include: Effects of adjacent land-use thereby indicating that the petitioned (1) Increasing the dispersal distance conversions on wetland water quality action may be warranted. Our between ponds and negatively can extend over comparatively large evaluation of this information is impacting striped newt metapopulations distances (Houlahan and Findlay 2004, discussed below. (neighboring local populations close p. 677). Therefore, conversion of forest enough to one another that dispersing A. The Present or Threatened to urban and agricultural uses, in the individuals could be exchanged (gene vicinity of striped newt breeding ponds, Destruction, Modification, or flow) at least once per generation); and Curtailment of the Species’ Habitat or can have negative impacts on the (2) Reducing the number of young quality of breeding sites. Range individuals recruited into populations Protection of their longleaf pine Information Provided in the Petition (Semlitsch and Bodie 1998, p. 1129). The number of breeding ponds known ecosystem breeding habitat, dispersal The petitioners state that striped for the striped newt throughout its habitat, and upland adult habitat is newts appear sensitive to habitat loss naturally small geographic range has essential for the survival of the striped from disturbance of upland soils and undergone a drastic decline in the 67 newt. Population models of an replacement of native longleaf pine years since the species was discovered amphibian (California tiger salamander) vegetation surrounding breeding ponds. and named. with a life cycle similar to the striped Habitat loss includes conversion of Littoral zones (the shallow areas of newt were more sensitive to reductions native pines to pine plantations, pond where light penetrates and rooted in sub-adult and adult survivorship than agriculture, or urban development. In a plants occur) of breeding sites have been reproductive parameters (Trenham and study comparing national forest lands destroyed by off-road vehicles (ORVs). Shaffer 2005, p. 1158). Striped newts with nearby pine plantations on the This area of a pond is where striped Woodville Karst plain in the panhandle may move greater than 1,640 ft (500 m) newt adults and larvae generally occur. between breeding and upland sites. This of Florida, striped newts were present It is also where most primary on the national forest lands but absent data emphasizes the importance of productivity occurs and is the location habitat connectivity in sub-adult and from pine plantations (Means and where the pond invertebrates and adult survivorship. Habitat destruction, Means 2005, p. 58). Urban development tadpoles, which are food sources for degradation, and fragmentation of can result in disruptions of dispersal striped newts, occur. When this area is between breeding sites and upland adult destroyed, the striped newt’s food upland habitats can severely impact the habitat due to paved and dirt roads, source is lost, as well as the cover that survival of a striped newt population towns, power line and gas pipeline protects the salamanders from (Marsh and Trenham 2001, p. 40; Green rights-of-way, and open fields. Presence predators. The petitioners provided 2003, p. 331). of roads can be barriers to movement or documentation of ORV destruction of Habitat degradation, fragmentation, can result in direct mortality during the littoral zone in five striped newt and destruction have all been migration or both. breeding ponds. documented within the range of the In a study conducted at or near Evaluation of Information Provided in striped newt. Effects of adjacent land historical striped newt localities in use to striped newt habitat are also a Georgia, Dodd and LaClaire (1995, p. 37) the Petition and Available in Service concern. Since striped newts require encountered the striped newt at only Files wetland breeding habitat, dispersal five widely separated locations. In Data in our files supports the habitat, and adult upland habitat, all of Florida, Franz and Smith (1999, pp. 8- petitioners’ assertions that habitat these areas are needed to support a 9) identified 100 historic records for the destruction and degradation is a striped newt. Johnson and Owen (2005, substantial threat to the striped newt in population. The loss of any one of these p. 7) resurveyed the habitat surrounding Florida. In addition, in a survey of 25 three habitat types would disrupt the these records and ranked only 26 ponds historical striped newt localities in life cycle of the species and ultimately and their surrounding uplands (26 Georgia, only 2 sites (8 percent) were cause the extinction of the striped newt percent) as having excellent potential to judged to be currently suitable for the population. In summary, we find that support striped newt populations. A 12– striped newt (Stevenson 2000, p. 3). the information provided in the year study (1995-2007) of vertebrates Longleaf pine forests in the Southeast petition, as well as other information in dependent on small, isolated wetlands were extensively clear cut around the our files, presents substantial was conducted in the Munson Sandhills turn of the 19th century, and pine forest information indicating that the of Apalachicola National Forest, acreage has continued to decline. For petitioned action may be warranted due Florida. This area has one of the largest example, the area of natural pine (from to the present or threatened destruction, known historical clusters of breeding Virginia southeast through Texas) modification, or curtailment of the ponds (18 ponds) within the species’ declined by 54 percent between 1953 species’ habitat or range. range (Means 2007, p. 19). After the and 1999 (Ware and Greis 2002, p. 46). severe drought of 1999-2000, no more Data from the 1980s and 1990s

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B. Overutilization for Commercial, Evaluation of Information Provided in striped newt populations, but due to the Recreational, Scientific, or Educational the Petition and Available in Service rarity of this species, the diseases have Purposes Files not been detected. Widespread habitat degradation and loss is a stressor on Information Provided in the Petition Disease is difficult to document in amphibians, and in pond-breeding many existing striped newt populations The petitioners state that in the 1970s amphibians that live most of their lives and may make them more susceptible to and 1980s, some striped newt adults underground in particular. Mortality disease outbreaks and potential from the Munson Sandhills populations events in breeding ponds are difficult to population extinction. In summary, we were collected and sold in the pet trade. observe because in an aquatic find that the information provided in However, they believe there is no environment, amphibians decompose the petition, as well as other evidence to suggest over-exploitation is within days after dying. Mortality below information in our files, presents a cause for the decline of striped newt ground would be even more difficult to substantial information indicating that populations. This is supported by a document. In addition, the rarity of the the petitioned action may be warranted review conducted in Florida on the striped newt is also a factor in due to disease, especially given other commercial harvest of amphibians and documenting mortality in the species. stressors on striped newt populations reptiles for the pet trade in which no However, there are reasons to believe such as habitat loss and habitat data were found to indicate striped that disease may be a possible factor in degradation. newts had been collected (Enge 2005, p. the decline of striped newts. Mitchell D. Inadequacy of Existing Regulatory 200). (2002, p. 3) documented the chytrid Mechanisms fungus (Batrachochytrium Evaluation of Information Provided in Information Provided in the Petition the Petition and Available in Service dendrobatidis) which causes disease in Files amphibians at Fort Stewart Military The petitioners state that the striped Installation where striped newts have newt is not formally recognized at any There is no evidence provided by the been in decline over the past 10 to 15 government level in either of the States petitioner, or within our files, to support years. Chytrid fungal infections have in which the species naturally occurs threats under this factor. Therefore, we been reported in a newt of the same (Florida and Georgia). concur with the petitioner that genus as the striped newt, the eastern Ephemeral ponds used for breeding collection is not a threat to the striped red-spotted newt (Notophthalmus v. by striped newts are provided little newt. In summary, we find that the viridescens) (Ouellet et al. 2005, p. Federal regulatory protection. The U.S. information provided in the petition, as 1434). Supreme Court ruled that isolated well as other information in our files, Chytridiomycosis (a disease caused by wetlands were not necessarily protected does not indicate or document that a fungus) is implicated or documented under the Clean Water Act (CWA) (33 overutilization for commercial, as a causative agent in many New World U.S.C. 1251 et. seq.) by nature of their recreational, scientific, or educational amphibian declines (Blaustein and use as habitat for migratory birds, which purposes poses a threat to this species. Johnson 2003, p. 91). The effect of the are under Federal jurisdiction. However, we will evaluate all factors, disease on striped newts is unknown; Legislation to clarify this issue has been including threats from overutilization however, California newts (Taricha proposed since 2003, but has not been for commercial, recreational, scientific, torosa) have tested positive for the acted upon by Congress. or educational purposes, when we pathogen in ponds where a die-off of the Ephemeral ponds are provided some conduct our status review. species was previously reported protection under Florida State (Padgett-Flohr and Longcore 2007, p. regulations. In Florida, wetland C. Disease or Predation 177). We agree that disease pathogens protection is regulated by the five Water Information Provided in the Petition represent one of the potential causes of Management Districts (WMDs) and the declines (Blaustein and Johnson 2003, Florida Department of Environmental The petitioners state that although pp. 87-92). Protection. All WMDs include isolated many amphibians are declining Another disease caused by a fungus- wetlands in the Environmental Resource worldwide due to habitat loss, other like protist, Amphibiocystidium Permit process, which means that a unidentified processes are causative viridescens, has been recently described permit is required for activities in, on, agents in about 50 percent of declining and has been reported in an eastern red- or over wetlands, including isolated species. They also assert that disease spotted newt population (Raffel et al. wetlands. Below a minimum permitting pathogens represent one of the potential 2008, p. 204). Evidence of mortality and threshold size of 0.5 acres (ac) (0.2 causes of declines. Mortality and morbidity due to infection with this hectare (ha)), impacts to fish and population declines due to viruses, disease, and the potential importance of wildlife and their habitat are not bacteria, and fungi have been widely secondary infections as a source of addressed for mitigation unless a reported in amphibians. mortality, have been reported for this wetland The petitioners also indicate that population (Raffel et al. 2008, p. 204). a) Supports endangered or threatened chytridiomycosis (a disease caused by a Another important issue is that lethal species; fungus) is implicated or documented as outbreaks of a disease appear to have b) Is located in an area of critical state a causative agent in many New World complex causes and may result when concern; amphibian declines. Although no other stressors, such as habitat c) Is connected by standing or flowing disease has been reported in the degradation, are affecting a population surface water at seasonal high water populations studied by the petitioners, (Ouellet et al. 2005, p. 1431). level to one or more wetlands that they believe that the total lack of Diseases have been documented in total greater than 0.5 ac (0.2 ha); or reproduction in 18 of their striped newt declining salamander populations and d) The wetland is of more than study ponds over a period of 8 years have caused mortality in a population of minimal value to fish and wildlife. indicates a serious problem exists, and the eastern newt, which is in the same This may offer some protection for disease is a potential cause that needs genus as the striped newt. It is likely striped newt breeding sites. However, to be considered. that diseases are or have been present in under Chapter 373.406 of Florida

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Statutes, agriculture (which includes into their regulations. In addition, the recovered somewhat from the drought, silviculture) has broad exemptions to Service had been advised previously the striped newt has not. alter topography provided it is not for that the striped newt ponds would be Evaluation of Information Provided in the sole or predominant purpose of specifically designated off-limits to the Petition and Available in Service impounding or obstructing surface ORVs (Petrick 2006). Unfortunately, Files waters (Northwest Florida Water many striped newt ponds on the ANF Management District 2008, p. 1). have already been degraded by ORV use Summary data from southern forests indicate that natural succession, in Evaluation of Information Provided in and it will take years for them to recover from past damage. conjunction with pine harvesting, is the Petition and Available in Service resulting in conversion of forests with There are no existing regulatory Files pine species to those with species such mechanisms that protect the striped Although the striped newt has not as oaks and hickories (Ware and Greis been given protected status by Florida newt from destruction of its upland 2002, p. 47). In addition, the Service has (Florida Fish and Wildlife Conservation forested habitat on private land. There other supporting data that indicate Commission 2007, p. 2), it is listed as are no existing regulatory mechanisms prolonged drought has played a factor in threatened in Georgia. Georgia law that adequately protect the wetland reducing the hydroperiod of striped prohibits harassment, capture, killing, breeding habitat of the striped newt. newt breeding sites. In southeastern or otherwise directly causing the death Habitat degradation, fragmentation, and Georgia, striped newt breeding ponds of any protected animal species, and it destruction are the primary threats to monitored from 1992 to 2004 remained prohibits selling, purchasing, or the species. The lack of regulatory dry for 7 of the 13 years of the study possessing the protected species unless mechanisms to protect against habitat (Stevenson and Cash 2008, p. 253). In authorized by permit, and prohibits loss increases the extinction probability Florida, a known breeding pond in destroying habitat of any protected of the striped newt. In summary, we Putnam County where thousands of animal species on public lands (Georgia find that the information provided in striped newts had previously been Department of Natural Resources 2006, the petition, as well as other collected was dry for a little over 9 years p. 1). However, these regulations do not information in our files, presents before re-filling (Dodd and Johnson protect the striped newt from substantial information indicating that 2007, p. 150). Monitoring of the pond destruction of its habitat on private the petitioned action may be warranted post-filling resulted in the capture of land. due to the inadequacy of existing only four larval newts (Dodd and The U.S. Environmental Protection regulatory mechanisms, especially the Johnson 2007, p. 150). Agency (EPA) and U.S. Army Corps of lack of regulations protecting most The threats of natural succession, as Engineers (ACOE) have provided breeding and upland habitat of the a result of inadequate management, and guidance memoranda for implementing striped newt. prolonged drought worsen the effects of recent court cases addressing E. Other Natural or Manmade Factors high population fluctuations and local jurisdiction over waters of the United Affecting the Species’ Continued extinctions that occur under normal States under the CWA (EPA and ACOE Existence conditions in striped newts. The 2001, pp. 1-7; EPA and ACOE 2008, pp. addition of these threats to the already 1-13). It is clear from this guidance that Information Provided in the Petition substantial degradation, fragmentation, isolated wetlands are not considered and destruction of striped newt habitat The petitioners state that ecological waters of the United States under the increases the probability of extinction of succession is a possible cause of decline ‘‘navigable waters’’ definition and thus this species. In summary, we find that in the striped newt. They presented data are not provided protection under this the information provided in the demonstrating loss of striped newt mechanism adopted by Congress to petition, as well as other information in breeding habitat and adult upland implement the CWA. our files, presents substantial longleaf pine habitat due to succession Wetland regulation in the United information indicating that the resulting from inadequate habitat States is primarily based on wetland petitioned action may be warranted due management (insufficient prescribed size (Snodgrass et al. 2000, p. 415). to other natural or manmade factors, burning to control hardwood However, for amphibians, there is no especially ecological succession due to encroachment into breeding ponds and relationship between wetland size and fire suppression and long-term regional upland forest; see Factor A). species richness. In fact, small, short drought. hydroperiod wetlands support a unique Long-term regional drought has group of species, including the striped contributed to the decline or Finding newt (Snodgrass et al. 2000, p. 414). For disappearance of striped newts from On the basis of our determination these wetlands, size is not a good almost all of their breeding ponds in the under section 4(b)(3)(A) of the Act, we predictor for production of juvenile Munson Sandhills of the Apalachicola have determined that the petition recruits, adults, or number of amphibian National Forest in Florida during the presents substantial scientific or captures (Greenberg and Tanner 2005, p. petitioners’ 12–year study. Droughts, commercial information indicating that 87). Most wetland regulations do not seasonal and long-term, have been listing the striped newt throughout its protect small, short hydroperiod normal phenomena in the ecology of the entire range may be warranted. This wetlands and thus do not protect the striped newt and other ephemeral pond finding is based on information unique species that breed in them, many breeders. However, while drought might provided under Factors A, C, D, and E. of which are in decline. explain why so few ponds have been Habitat degradation, fragmentation, and At the time the petition was found with either breeding adults or destruction have all been documented submitted to the Service, the U.S. Forest larvae in the past decade, drought may within the range of the striped newt and Service was drafting revisions to its mask or exacerbate other causes of represent the primary threats to the regulations on the Apalachicola population declines such as habitat species (Factor A). Since striped newts National Forest (ANF) to prohibit riding degradation and loss. While the other require wetland breeding habitat, ORVs in or around ponds or wetlands. species that breed in temporary ponds dispersal habitat, and adult upland These revisions are now incorporated in the Munson Sandhills appear to have habitat, the loss of any one of these

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three habitat types would disrupt the natural succession, prolonged drought, substantial 90–day finding does not life cycle of the species and ultimately extreme population fluctuations, and mean that the 12–month finding will cause the extinction of a striped newt local extinctions, increase the result in a warranted finding. population. Diseases have been probability of extinction of this species References Cited documented in declining salamander (Factor E). Because we have found that populations and have caused mortality the petition presents substantial A complete list of references cited in in a population of the eastern newt, information indicating that listing the this document is available on the which is in the same genus as the striped newt may be warranted, we are Internet at http://www.regulatons.gov striped newt (Factor C). It is likely that initiating a status review to determine and upon request from the Mississippi diseases are, or have been, present in whether listing the striped newt under Ecological Services Field Office (see FOR striped newt populations, but due to the the Act is warranted. FURTHER INFORMATION CONTACT). rarity of this species the diseases have The ‘‘substantial information’’ Author not been detected. Habitat loss may standard for a 90–day finding differs make striped newts more susceptible to from the Act’s ‘‘best scientific and The primary authors of this document disease outbreaks and potential commercial data’’ standard that applies are staff members of the Mississippi population extinction. There are no to a status review to determine whether Ecological Services Field Office (see FOR existing regulatory mechanisms that a petitioned action is warranted. A 90– FURTHER INFORMATION CONTACT). protect the striped newt from day finding does not constitute a status Authority: The authority for this action is destruction of its upland forested review under the Act. In a 12–month the Endangered Species Act of 1973, as habitat on private land or that finding, we will determine whether a amended (16 U.S.C. 1531 et seq.). adequately protect their wetland petitioned action is warranted after we breeding habitat (Factor D). The lack of have completed a thorough status Dated: March 4, 2010. regulatory mechanisms to protect review of the species, which is Rowan W. Gould, against the primary threat of habitat loss conducted following a substantial 90– Acting Director, U.S. Fish and Wildlife increases the extinction probability of day finding. Because the Act’s standards Service. the striped newt. Other natural or for 90–day and 12–month findings are [FR Doc. 2010–6108 Filed 3–22–10; 8:45 am] manmade factors, such as the threats of different, as described above, a BILLING CODE 4310–55–S

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