8018 Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules

Powell, R. A. and W. J. Zielinski. 1994. SUPPLEMENTARY INFORMATION: (Stejneger 1893). Between Fisher. In: Ruggiero, L. F., K. B. Aubry, Background 1931 and 1981, Amargosa were S. W. Buskirk, L. J. Lyon, and W. J. observed at only three sites within Oasis Zielinski, eds.; The Scientific Basis for Section 4(b)(3)(B) of the Endangered Valley and at one isolated spring Conserving Forest Carnivores in the Species Act of 1973, as amended (Act) system, despite intensive searches Western United States: American (16 U.S.C. 1531 et seq.), requires that for Marten, Fisher, Lynx, and Wolverine. (Linsdale 1940, Savage 1959, Altig 1981, any petition to revise the Lists of Altig and Dodd 1987). Thousands of USDA Forest Service, General Technical Endangered and Threatened Wildlife Report RM–254; pp 38–73. Amargosa toads were observed in June and Plants that contains substantial Author: The primary author of this 1958 (Savage 1959). The Amargosa scientific or commercial information, a was considered severely restricted in document is Leslie Propp, Western finding be made within 12 months of Washington Office (see ADDRESSES section). distribution and threatened by the date of receipt of the petition on destruction by 1981 (Altig 1981). Authority whether the petitioned action is (a) not During a 1983 survey, Amargosa toads warranted, (b) warranted, or (c) were observed at 11 sites within Oasis The authority for this action is the warranted but precluded from Valley and two isolated spring systems, Act (16 U.S.C. 1531 immediate proposal by other pending and assumed present at 14 additional et seq.). proposals. Such 12-month findings are sites, based on statements from area Dated: November 22, 1995. to be published promptly in the Federal residents and suitability of habitat, even Register. John G. Rogers, though toads were not observed On September 21, 1994, the Service (Maciolek 1983a, 1983b). Amargosa Acting Director, U.S. Fish and Wildlife received a petition dated September 19, toad, though restricted to the Oasis Service. 1994, to emergency list the and vicinity, was considered [FR Doc. 96–4803 Filed 2–29–96; 8:45 am] toad (Bufo nelsoni) as an endangered well distributed and abundant in 1983 BILLING CODE 4310±55±P species. The Service’s finding that (Maciolek 1983b). substantial information existed surveys have been indicating the petitioned action may be conducted at 20 sites since 1990, but not 50 CFR Part 17 warranted was published in the Federal all sites were visited during each survey Register on March 17, 1995 (60 FR or with equal frequency (Hoff 1993, Endangered and Threatened Wildlife 15280). A status review was initiated at 1994a, 1994b; Clemmer 1995; Heinrich and Plants: 12-Month Finding for a that time. 1995). Available data from the sites Petition To List the Amargosa Toad The Amargosa toad has been surveyed since 1990 suggests that (Bufo nelsoni) as Endangered identified as either a category 1 or Amargosa toads have been extirpated category 2 species under the Act, since from one spring and are not as abundant AGENCY: Fish and Wildlife Service, December 30, 1982 (47 FR 58454; 50 FR as in previous years at four other springs Interior. 37958; 59 FR 58982). The Amargosa (Savage 1959; Altig 1981; Maciolek toad was a category 1 candidate species ACTION: Notice of 12-month petition 1983a, 1983b; Hoff 1993; Hoff 1994a, with a listing priority of 2 at the time finding. 1994b; Clemmer 1995; Heinrich 1995). the petition was received by the Service. At the other 15 sites, however, On July 26, 1995, the Service observations of Amargosa toad adults, SUMMARY: The Fish and Wildlife Service recommended removal of the Amargosa juveniles, tadpoles, and eggs have (Service) announces a 12-month finding toad from category 1 candidate status fluctuated but remained relatively on a petition to list the Amargosa toad based information obtained during the constant, and the occurrence of eggs or (Bufo nelsoni) as an endangered species 1995 status review. The information tadpoles at sites where no adults were under the Endangered Species Act of suggested that the Amargosa toad is observed implies the presence of adults. 1973, as amended (Act). After review of more widespread and abundant within Estimates of the size of the adult all available scientific and commercial the Oasis Valley than previous reports population of Amargosa toads during information concerning the status of the indicated. However, additional 1993 and 1994 vary from 30 toads for species, the Service finds that listing of information is necessary to adequately each year to 130 and 85 toads for the 2 the Amargosa toad is not warranted. determine the status of the species, and years, respectively (Hoff 1994a, 1994b; DATES: The finding announced in this conservation efforts have been initiated Heinrich 1995). Both estimates were document was made on November 9, to remove identified threats. based on direct observations of 1995. The Amargosa toad is unique to Amargosa toad adults, juveniles, riparian associated with the tadpoles, and egg masses at the same ten ADDRESSES: Data, information, , tributary springs of the sites. The disparity between these comments, or questions concerning this Amargosa River in Oasis Valley and estimates may be due to the difficulty notice should be submitted to the State isolated spring systems near Beatty, Nye inherent in adequately surveying for Supervisor, U.S. Fish and Wildlife County, Nevada. The petition stated that Amargosa toads. Service, Nevada State Office, 4600 the Amargosa toad was restricted to The available information does not Kietzke Lane, Building C–125, Reno, seven sites within Oasis Valley, and two support the petitioner’s claim that the Nevada 89502. The petition, findings, isolated spring systems, and that these Amargosa toad population is severely and supporting data are available for sites are impacted by livestock and feral restricted in both abundance and public inspection, by appointment, burro grazing, water diversion, flood distribution. Comprehensive Amargosa during normal business hours at the control activities, off-road vehicle use, toad status information is unavailable above address. and nonnative species introductions. because not all historically identified The petition stated that the Amargosa habitats have been surveyed since 1983. FOR FURTHER INFORMATION CONTACT: toad had declined from thousands in Information from Oasis Valley residents Donna Withers, Staff Biologist, at the 1958 to only 30 individuals in 1994. suggests that Amargosa toads still above address, or telephone (702) 784– Amargosa toads were first collected in occupy springs on several private 5227. 1891 from an unidentified location in properties not surveyed in recent years. Federal Register / Vol. 61, No. 42 / Friday, March 1, 1996 / Proposed Rules 8019

A comprehensive evaluation of the After reviewing all scientific and amend Appendices I or II. Such status and distribution of Amargosa toad commercial information available, the amendments may concern the addition will only be possible when additional Service has determined that listing the of species to Appendix I or II, the surveys are conducted in potential Amargosa toad is not warranted at this transfer of species from one appendix to habitat with Oasis Valley. time. This decision is based on another, or the removal of species from Habitats occupied by Amargosa toads information contained in the petition, Appendix I or II. This notice also invites are subject to various natural and received during the status review, and information and comments from the human-induced modifications resulting otherwise available to the Service at the public on possible resolutions and from flooding, flood-control and time the 12-month finding was made, agenda items for discussion at COP10. restoration activities, nonnative species which indicates that the Amargosa toad DATES: The Service will consider all introductions, livestock and feral burro is more widespread and abundant information and comments received by grazing, off-road vehicle use, and release within the Oasis Valley than stated in April 30, 1996. of pollutants (Altig 1981, Maciolek the petition. In addition, conservation ADDRESSES: Correspondence concerning 1983a, Hoff 1994b). The information on efforts have been initiated to remove this request pertaining to species the release of pollutants is anecdotal. identified threats. The Service amendments should be sent to the Voluntary conservation activities have recognizes the need to monitor the Office of Scientific Authority; Room been recently initiated to address these species’ status to determine Amargosa 750; U.S. Fish and Wildlife Service, threats to Amargosa toads and their toad population trends and measure the 4401 North Fairfax Drive; Arlington, habitats. These activities will provide a effectiveness of the conservation Virginia, 22203. Correspondence sound foundation for appropriate measures. concerning this request pertaining to management of Amargosa toad habitats. References Cited resolutions and agenda items should be The petitioner acknowledged the sent to the Office of Management existence of these conservation A list of references cited is available Authority, Room 420, at the same activities, but questioned their from the Nevada State Office (see address. Comments and materials effectiveness. The conservation ADDRESSES section above). received will be available for public activities initiated to date have only Author: The primary author of this inspection, by appointment, from 8 a.m. been in place a short time, and document is Donna Withers (see ADDRESSES to 4 p.m., Monday through Friday, at the additional time is necessary for the section above). Office of Scientific or Management benefits of these actions to be realized. Authority. The Nevada Division of Wildlife Authority FOR FURTHER INFORMATION CONTACT: Dr. (NDOW) and Nevada Natural Heritage The authority for this action is the Marshall A. Howe, Office of Scientific Program have conducted status surveys Endangered Species Act of 1973, as Authority, phone 703/358–1708, fax and undertaken conservation activities, amended (16 U.S.C. 531 et seq.). 703/358–2276, e-mail including initiation of cooperative Dated: November 9, 1995. [email protected]; or Dr. agreements with involved agencies and Mollie H. Beattie, Susan S. Lieberman, Office of local governments and conservation Management Authority, phone 703/358– agreements with private landowners. Director, Fish and Wildlife Service. 2095, fax 703/358–2280, e-mail The Bureau of Land Management (BLM) [FR Doc. 96–4804 Filed 2–29–96; 8:45 am] [email protected]. actively manages the public lands BILLING CODE 4310±55±M occupied by Amargosa toad for the SUPPLEMENTARY INFORMATION: conservation of the species. BLM has Background restricted off-road vehicle use in or near 50 CFR Part 23 The Convention on International Amargosa toad habitat, constructed Request for Species Amendments and enclosure fences to eliminate damage to Trade in Endangered Species of Wild Resolutions for Consideration at the riparian habitats from feral burro and Fauna and Flora, TIAS 8249, hereinafter Tenth Regular Meeting of the livestock use, proposed all occupied referred to as CITES, is an international Conference of the Parties to the habitats as Areas of Critical treaty designed to control and regulate Convention on International Trade in Environmental Concern, and initiated a international trade in certain and Endangered Species of Wild Fauna cadastral survey of the Amargosa River plant species that now or potentially are and Flora in Oasis Valley to establish property threatened with extinction. These boundaries. The Nature Conservancy AGENCY: Fish and Wildlife Service, species are listed in appendices to (TNC) has been working with the Beatty Interior. CITES, copies of which are available Beautification Committee toward ACTION: Notice; request for information. from the Office of Management development of a park along the Authority or Office of Scientific Amargosa River or a pond area which SUMMARY: The Fish and Wildlife Service Authority at the ADDRESSES, above. would provide recreational (Service) announces the time and place Currently, 130 countries, including the opportunities for the residents, and of the tenth regular meeting of the United States, are CITES Parties. CITES attract tourists, as well as create or Conference of the Parties (COP10) to the calls for biennial meetings of the conserve Amargosa toad habitat. TNC is Convention on International Trade in Conference of the Parties, which review currently negotiating the purchase of Endangered Species of Wild Fauna and its implementation, make provisions two private properties that contain Flora (CITES). This notice solicits enabling the CITES Secretariat in Amargosa toad habitat. The Nye County recommendations for amending CITES Switzerland to carry out its functions, Department of Public Works has agreed Appendices I or II and solicits consider amendments to the list of to notify NDOW prior to any activity suggestions for resolutions and agenda species in Appendices I and II, consider within the Amargosa River channel to items for discussion at COP10. The reports presented by the Secretariat, and avoid impacts to the Amargosa toad. Service invites information and make recommendations for the Owners of two private properties with comment from the public on animal or improved effectiveness of CITES. Any Amargosa toad habitat on their land plant species that should be considered country that is a Party to CITES may have initiated conservation activities. as candidates for U.S. proposals to propose amendments to Appendices I