24256 Federal Register / Vol. 79, No. 82 / Tuesday, April 29, 2014 / Rules and Regulations DEPARTMENT OF THE INTERIOR Executive Summary management activities, notably livestock Why we need to publish a rule. Under grazing, and also the anticipated Fish and Wildlife Service the Endangered Species Act, a species hydrologic effects upon habitat from may warrant protection through listing climate change. We also find that the 50 CFR Part 17 if it is endangered or threatened Yosemite toad is likely to become [Docket No. FWS–R8–ES–2012–0100; throughout all or a significant portion of endangered through the direct effects of 4500030113] its range. Listing a species as an climate change impacting small remnant populations, likely compounded with RIN 1018–AZ21 endangered or threatened species can be only completed by issuing a rule. the cumulative effect of other threat Endangered and Threatened Wildlife This rule will finalize the listing of the factors (such as disease). and Plants; Endangered Species Sierra Nevada yellow-legged frog (Rana Peer review and public comment. We Status for Sierra Nevada Yellow- sierrae) as an endangered species, the sought comments from independent Legged Frog and Northern Distinct northern DPS of the mountain yellow- specialists to ensure that our Population Segment of the Mountain legged frog (Rana muscosa) as an designations are based on scientifically Yellow-Legged Frog, and Threatened endangered species, and the Yosemite sound data, assumptions, and analyses. Species Status for Yosemite Toad toad (Anaxyrus canorus) as a threatened We invited these peer reviewers to species. comment on our listing proposal. We AGENCY: Fish and Wildlife Service, The basis for our action. Under the also considered all comments and Interior. Endangered Species Act, we can information received during the ACTION: Final rule. determine that a species is an comment period. endangered or threatened species based SUMMARY: We, the U.S. Fish and Previous Federal Actions on any of five factors: (A) The present Wildlife Service (Service), determine Please refer to the proposed listing endangered species status under the or threatened destruction, modification, or curtailment of its habitat or range; (B) rule for the Sierra Nevada yellow-legged Endangered Species Act of 1973 (Act), frog, the northern DPS of the mountain as amended, for the Sierra Nevada Overutilization for commercial, recreational, scientific, or educational yellow-legged frog, and the Yosemite yellow-legged frog and the northern toad (78 FR 24472, April 25, 2013) for distinct population segment (DPS) of the purposes; (C) Disease or predation; (D) The inadequacy of existing regulatory a detailed description of previous mountain yellow-legged frog (mountain Federal actions concerning these yellow-legged frog populations that mechanisms; or (E) Other natural or manmade factors affecting its continued species. occur north of the Tehachapi We will also be finalizing critical Mountains), and determine threatened existence. We have determined that both the habitat designations for the Sierra species status under the Act for the Sierra Nevada yellow-legged frog and Nevada yellow-legged frog, the northern Yosemite toad. The effect of this the northern DPS of the mountain DPS of the mountain yellow-legged, and regulation will be to add these species yellow-legged frog are presently in the Yosemite toad under the Act in the to the List of Endangered and danger of extinction throughout their near future. Threatened Wildlife. entire ranges, based on the immediacy, Summary of Biological Status and DATES: This rule becomes effective June severity, and scope of the threats to their 30, 2014. Threats for the Sierra Nevada Yellow- continued existence. These include Legged Frog and the Northern DPS of ADDRESSES: This final rule is available habitat degradation and fragmentation, the Mountain Yellow-Legged Frog on the Internet at http:// predation and disease, climate change, www.regulations.gov and at the inadequate regulatory protections, and Background Sacramento Fish and Wildlife Office. the interaction of these various stressors Please refer to the proposed listing Comments and materials we received, as impacting small remnant populations. A rule for the Sierra Nevada yellow-legged well as supporting documentation used rangewide reduction in abundance and frog and the northern DPS of the in preparing this rule, are available for geographic extent of surviving mountain yellow-legged frog under the public inspection at http:// populations of frogs has occurred Act (16 U.S.C. 1531 et seq.) for www.regulations.gov. All of the following decades of fish stocking, additional species information. In the comments, materials, and habitat fragmentation, and most recently proposed rule, we described two documentation that we considered in a disease epidemic. Surviving separate species of yellow-legged frogs, this rulemaking are available by populations are smaller and more Rana sierrae and Rana muscosa, that appointment, during normal business isolated, and recruitment in diseased resulted from the recent taxonomic split hours at: U.S. Fish and Wildlife Service, populations is much reduced relative to (see Taxonomy section below) of the Sacramento Fish and Wildlife Office, historic norms. This combination of previously known Rana muscosa, 2800 Cottage Way, Room W–2605, population stressors makes persistence which we referred to in our proposed Sacramento, CA 95825; 916–414–6600 of these species precarious throughout rule as the mountain yellow-legged frog (telephone); 916–414–6712 (facsimile). the currently occupied range in the ‘‘species complex.’’ For clarity and in FOR FURTHER INFORMATION CONTACT: Sierra Nevada. order to maintain consistency with our Jennifer Norris, Field Supervisor, U.S. We have also determined that the previous treatment of the southern DPS Fish and Wildlife Service, Sacramento Yosemite toad is likely to become of the mountain yellow legged frog in Fish and Wildlife Office, 2800 Cottage endangered throughout its range within southern California (67 FR 44382, July Way, Room W–2605, Sacramento, CA the foreseeable future, based on the 2, 2002) as well as with our proposed 95825; 916–414–6600 (telephone); 916– immediacy, severity, and scope of the rule, and for the purposes of this 414–6712 (facsimile). Persons who use a threats to its continued existence. These document, we retain the common name telecommunications device for the deaf include habitat loss associated with of mountain yellow-legged frog for Rana (TDD) may call the Federal Information degradation of meadow hydrology muscosa, as opposed to the new Relay Service (FIRS) at 800–877–8339. following stream incision consequent to common name, southern mountain SUPPLEMENTARY INFORMATION: the cumulative effects of historical land yellow-legged frog, as published by VerDate Mar<15>2010 19:54 Apr 28, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\29APR3.SGM 29APR3 sroberts on DSK5SPTVN1PROD with RULES Federal Register / Vol. 79, No. 82 / Tuesday, April 29, 2014 / Rules and Regulations 24257 Crother et al. (2008, p. 11). We also note east slope of the Sierra Nevada south Nevada yellow-legged frog, and we refer that the California Department of Fish into Inyo County at the southern extent to the Sierra Nevada populations of R. and Game (CDFG) was recently renamed of its range, and in the Glass Mountains muscosa as the northern DPS of the the California Department of Fish and just south of Mono Lake; and that R. mountain yellow-legged frog. In Wildlife (CDFW). We refer to the muscosa occurs in the southern portion California and Nevada, the Sierra California Department of Fish and of the Sierra Nevada within and south Nevada yellow-legged frogs occupy the Wildlife in all cases when discussing of the South Fork Kings River watershed western Sierra Nevada north of the the agency in the text. Where citations to the west of the Sierra Nevada crest Monarch Divide (in Fresno County) and are from CDFG documents, we include (along with those populations the eastern slope of the Sierra Nevada CDFW in parentheses for clarification. inhabiting southern California) (east of the crest) from Inyo County (Vredenburg et al. 2007, pp. 370–371). through Mono County (including the Taxonomy The Monarch Divide separates these Glass Mountains), to areas north of Lake Please refer to the proposed listing species in the western Sierra Nevada, Tahoe. The northern DPS of the rule for the Sierra Nevada yellow-legged while they are separated by the Cirque mountain yellow-legged frog occurs frog and the northern DPS of the Crest to the east (Knapp 2013, only in California in the western Sierra mountain yellow-legged frog under the unpaginated). Nevada and extends from south of the Act (16 U.S.C. 1531 et seq.) for detailed For purposes of this rule, we Monarch Divide in Fresno County species information on taxonomy (78 FR recognize the species differentiation as through portions of the Kern River 24472, April 25, 2013). presented in Vredenburg et al. (2007, p. drainage. Figure 1 shows the Vredenburg et al. (2007, p. 371) 371) and adopted by the official approximate species boundaries within determined that Rana sierrae occurs in societies mentioned above (Crother et their historical ranges as determined by the Sierra Nevada north of the South al. 2008, p. 11), and in this final rule we Knapp (unpubl. data). Fork Kings River watershed, along the refer to Rana sierrae as the Sierra BILLING CODE 4310–55–P VerDate Mar<15>2010 19:54