Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules 79805

proposals listed in Appendix F at this DEPARTMENT OF THE INTERIOR Previous Federal Actions time. Rather, this document seeks Please refer to the proposed Fish and Wildlife Service additional recommendations regarding reclassification rule for the arroyo toad the development of new or modified (79 FR 17106; March 27, 2014) for a 50 CFR Part 17 safe harbor regulations and new Special detailed description of the Federal Fraud Alerts beyond those summarized [Docket No. FWS–R8–ES–2014–0007; actions concerning this species that in Appendix F. FXES11130900000–156–FF09E42000] occurred prior to publication of the A detailed explanation of RIN 1018–AY82 proposed reclassification rule. We justifications for, or empirical data accepted submission of new information supporting, a suggestion for a safe Endangered and Threatened Wildlife and comments on the proposed harbor or Special Fraud Alert would be and Plants; Withdrawal of Proposed reclassification for a 60-day comment helpful and should, if possible, be Rule To Reclassify the Arroyo Toad as period, ending May 27, 2014. In order included in any response to this Threatened to ensure that the public had an solicitation. adequate opportunity to review and AGENCY: Fish and Wildlife Service, comment on our proposed rule, we A. Criteria for Modifying and Interior. reopened the comment period for an Establishing Safe Harbor Provisions ACTION: Proposed rule; withdrawal. additional 30 days on October 17, 2014 SUMMARY: (79 FR 62408). In accordance with section 205 of We, the U.S. Fish and Wildlife Service (Service), withdraw the HIPAA, we will consider a number of Background proposed rule to reclassify the arroyo factors in reviewing proposals for new A scientific analysis was completed toad (Anaxyrus californicus) as or modified safe harbor provisions, such and presented in detail within the threatened under the Endangered arroyo toad species report (Service 2014, as the extent to which the proposals Species Act of 1973, as amended (Act). entire), which was available on http:// would affect an increase or decrease in: This withdrawal is based on our www.regulations.gov at Docket Number • Access to health care services, conclusion that the types of threats to FWS–R8–ES–2014–0007 after the • the quality of health care services, the arroyo toad remain the same as at publication of the proposed • patient freedom of choice among health the time of listing and are ongoing, and reclassification. The species report was care providers, new threats have been identified. Some updated to include the information we • competition among health care conservation efforts are ongoing in most received from public and peer review providers, populations to help manage and reduce comments, and the final species report • the cost to Federal health care programs, impacts to arroyo toads from many (Service 2015, entire) is available at • the potential overutilization of health ongoing threats; however, the species http://www.regulations.gov at Docket care services, and has not yet responded to an extent that Number FWS–R8–ES–2014–0007. The • the ability of health care facilities to would allow a change in listing status. species report was prepared by Service provide services in medically underserved The intent of the reclassification criteria biologists to provide thorough areas or to medically underserved in the recovery plan (Service 1999) has discussion of the species’ ecology, populations. not been met. We have therefore biological needs, and an analysis of the determined that reclassification of this In addition, we will also consider threats that may be impacting the species is not appropriate at this time. other factors, including, for example, species. The species report includes DATES: the existence (or nonexistence) of any The March 27, 2014 (79 FR discussion of the species’ life history, 17106), proposed rule to reclassify the potential financial benefit to health care taxonomy, habitat requirements, range, arroyo toad as threatened is withdrawn professionals or providers that may take distribution, abundance, threats, and as of December 23, 2015. into account their decisions whether to progress towards recovery. This detailed ADDRESSES: This withdrawal, comments (1) order a health care item or service or information is summarized in the on our March 27, 2014, proposed rule (2) arrange for a referral of health care following paragraphs of this Background (79 FR 17106), and supplementary section and the Summary of Factors items or services to a particular documents are available on the Internet practitioner or provider. Affecting the Species section. at http://www.regulations.gov at Docket Arroyo toads are found in low B. Criteria for Developing Special Fraud No. FWS–R8–ES–2014–0007. Comments gradient, medium-to-large streams and Alerts and materials received, as well as rivers with intermittent and perennial supporting documentation used in the flow in coastal and desert drainages in In determining whether to issue preparation of this withdrawal, are also central and southern California, and additional Special Fraud Alerts, we will available for public inspection, by Baja California, Mexico. Arroyo toads consider whether, and to what extent, appointment, during normal business occupy aquatic, riparian, and upland the practices that would be identified in hours at: U.S. Fish and Wildlife Service, habitats in the remaining suitable a new Special Fraud Alert may result in Ventura Fish and Wildlife Office, 2493 drainages within its range. Arroyo toads any of the consequences set forth above, Portola Road, Suite B, Ventura, CA are breeding habitat specialists that as well as the volume and frequency of 93003; telephone 805–644–1766; or need slow-moving streams that are the conduct that would be identified in facsimile 805–644–3958. composed of sandy soils with sandy the Special Fraud Alert. FOR FURTHER INFORMATION CONTACT: streamside terraces (Sweet 1992, pp. 23– Stephen P. Henry, Field Supervisor, Dated: December 16, 2015. 28). Reproduction is dependent upon Ventura Fish and Wildlife Office (see the availability of very shallow, still, or Daniel R. Levinson, ADDRESSES). If you use a low-flow pools in which breeding, egg- Inspector General. telecommunications device for the deaf laying, and tadpole development occur. [FR Doc. 2015–32267 Filed 12–22–15; 8:45 am] (TDD), call the Federal Information Suitable habitat for arroyo toads is BILLING CODE 4152–01–P Relay Service (FIRS) at 800–877–8339. created and maintained by periodic SUPPLEMENTARY INFORMATION: flooding and scouring that modify

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stream channels, redistribute channel Summary of Basis for This Withdrawal the March 27, 2014, proposed rule, we sediments, and alter pool location and Based upon our review of the public stated that current available information form. These habitat requirements are comments, agency comments, peer indicates that arroyo toads are persisting largely dependent upon natural review comments, and new relevant or are presumed to be persisting on hydrological cycles and scouring events information that became available since Federal lands in 17 river basin (Madden-Smith et al. 2003, p. 3). the March 27, 2014, publication of the occurrences and 5 additional Arroyo toads were once relatively reclassification proposed rule (79 FR occurrences on non-Federal lands, for a abundant in coastal central and 17106), we reevaluated our proposed total of 22 extant or presumed extant southern California. Arroyo toads rule. Other than minor clarifications and occurrences in California. Because we historically were known to occur in incorporation of additional information lacked long-term population trend data, coastal drainages in southern California on the species’ biology and populations, this constituted the best available from the upper Salinas River system in this determination differs from the information on the status of arroyo toad Monterey and San Luis Obispo proposal in the following ways: populations. As the only population data available, we used this information Counties; south through the Santa Maria (1) As in the proposed rule, we find as a proxy measure in attempting to and Santa Ynez River basins in Santa that the types of threats to arroyo toads determine whether populations were Barbara County; the Santa Clara River remain the same as at the time of listing stable or increasing. We stated that this basin in Ventura County; the Los and are ongoing; in addition, new information supported our conclusion Angeles River basin in Los Angeles threats have been identified. The threats that the occurrences are self-sustaining County; the coastal drainages of Orange, of urbanization, dams and water (79 FR 17106; March 27, 2014), and, Riverside, and San Diego Counties; and diversions, introduced predators, and therefore, that the intent of the criteria south to the Arroyo San Simeon system drought have current and ongoing, high identified in the arroyo toad recovery in Baja California, Me´xico (Sweet 1992, impacts to arroyo toads and their plan for downlisting had been met. p. 18; Service 1999, p. 12). Jennings and habitat. New threats include invasive, Hayes (1994, p. 57) are most commonly nonnative plants and effects of climate Since we published the proposed rule cited as documenting a decline of 76 change. Some conservation efforts are to downlist the arroyo toad, however, percent of arroyo toad populations ongoing in most populations to help we have received additional information throughout the species’ range due to manage and reduce impacts to arroyo through the peer review and public loss of habitat and hydrological toads from many ongoing threats. comment process that refutes our alterations to stream systems as a result However, we have now determined that finding that the intent of the recovery of dam construction and flood control. the best available scientific data do not criteria has been met. First, we This 76 percent decline was based on currently support a determination that reevaluated our use of extant or studies done in the early 1990s by Sam the species has responded to presumed extant populations as a proxy Sweet (Jennings and Hayes 1994, p. 57) conservation actions such that a change for self-sustaining populations. While that addressed the natural history and in listing status is warranted (see these kind of data do indicate that some status of arroyo toad populations on a numbers (2) and (3), below). level of reproduction and recruitment is portion of the species’ range on the Los (2) Based on our evaluation of peer occurring, we now agree with Padres National Forest. review and public comments and on commenters that these data cannot be additional population data received used to infer that arroyo toad Currently, arroyo toads are limited to during the comment periods, we have populations are self-sustaining in the isolated populations found primarily in determined that that the intent of the long term, and we conclude it is the headwaters of coastal streams along reclassification criteria in the recovery scientifically inaccurate to do so. Self- the central and southern coast of plan (Service 1999) has not been met. sustaining is clearly defined in the California and southward to Rio Santa The downlisting recovery criteria state recovery plan as populations that have Maria near San Quintin in northwestern that for arroyo toads to be reclassified to stabilized or are increasing. No long- Baja California, Me´xico (Lovich 2009, p. threatened, management plans must term population trend data for arroyo 62). Arroyo toads are still extant within have been approved and implemented toads demonstrate that populations have the range they occupied historically and on federally managed lands, and at least stabilized or are increasing anywhere at the time of listing, but new data 20 self-sustaining metapopulations or within the species’ range. Second, indicate that the species has continued populations at specified locations on although arroyo toads are still persisting to decline in numbers and in area Federal lands must be maintained. At within the range they occupied occupied within its current range the time of our proposed reclassification historically and at the time of listing, (Hancock 2007–2014, entire; rule, as well as currently, there were no new data indicate that the species has Hollingsworth in litt. 2014; USGS in litt. long-term population trend data continued to decline in numbers and in 2014; Sweet 2015, pers. comm.; USGS available that demonstrate that arroyo area occupied within its current range 2015, pers. comm.). Overall, we toad populations have stabilized or are (Hancock 2007–2014, entire; recognize 25 river basins in the United increasing. However, the Service is Hollingsworth in litt. 2014; USGS in litt. States and an additional 10 river basins required by section 4(b)(1) of the Act (16 2014; Sweet 2015, pers. comm.; USGS in Baja California, Mexico, as containing U.S.C. 1531 et seq.) to make 2015, pers. comm.). At least three at least one extant population of arroyo determinations regarding the status of a occurrences in the Northern Recovery toads (Service 2015, Table 1). species solely on the basis of the best Unit (Salinas River Basin, Santa Ynez A thorough review of the taxonomy, scientific and commercial data River Basin, and Santa Clara River life history, and ecology of the arroyo available. We must make a Basin) (Hancock 2007–2014, entire; toad is presented in the final species determination based on the available Sweet 2015, pers. comm.) and at least report (Service 2015) (the species report information even when data that are eight occurrences in the Southern and other materials relating to this lacking would be more desirable. In Recovery Unit (Lower Santa Margarita withdrawal can be found on http:// other words, we cannot delay or decline River Basin, Upper San Luis Rey River www.regulations.gov at Docket Number to make a determination because we Basin, Upper and Lower Santa Ysabel FWS–R8–ES–2014–0007). lack data that would be more ideal. In Creek Basins, Upper San Diego River

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Basin, Upper Sweetwater River Basin, a significant portion of its range. The level; and (3) low: Likely to have and Upper and Lower Cottonwood word ‘‘range’’ in the definitions of minimal impacts on local population Creek Basins) (USGS in litt. 2014; USGS ‘‘endangered species’’ and ‘‘threatened numbers or habitat such that the effect 2015, pers. comm.) have shown recent species’’ refers to the range in which the does not rise above the individual level. declines. species currently exists. For the Timing is used to characterize the (3) Because no information indicates purposes of this analysis, we first period of the available data and that populations have stabilized or are evaluate the status of the species determine the general timeframe over increasing, and new information throughout all its range; then, if we which we can make reliable predictions suggests several occurrences are in determine that the species is neither in about how threats will affect arroyo decline, we have determined that danger of extinction nor likely to toads. In general, we have information downlisting the arroyo toad is not becomes so, we next consider whether about effects of threats on arroyo toads appropriate at this time. As a result, this the species is in danger of extinction or since time of listing, approximately 20 document withdraws the proposed rule likely to become so in any significant years ago. Therefore, the timeframe we published on March 27, 2014 (79 FR portion of its range. are comfortable predicting into the 17106). A threats analysis for the arroyo toad future for most threats is also 20 years. is included in the final species report Summary of Factors Affecting the The following sections provide a (Service 2015, entire) associated with Species summary of the current and potential this document (and available at http:// future threats that are impacting or may Section 4 of the Act and its www.regulations.gov under Docket No. impact arroyo toads. implementing regulations (50 CFR 424) FWS–R8–ES–2014–0007). All potential set forth the procedures for listing threats that are acting upon arroyo toads Urban Development species, reclassifying species, or currently or in the future (and At the time of listing, habitat loss removing species from listed status. consistent with the five listing factors from development projects in riparian ‘‘Species’’ is defined by the Act as identified above) were evaluated and wetlands caused permanent losses of including any species or subspecies of addressed in the final species report, riparian habitats. Urban development fish or wildlife or plants, and any and are summarized in the following was the most conspicuous factor in the distinct population segment of any paragraphs. decline of arroyo toads at the time of species of vertebrate fish or wildlife At the time of listing, the primary listing because the loss of arroyo toad which interbreeds when mature (16 threats to arroyo toads were urban breeding habitat was permanent. By the U.S.C. 1532(16)). A species may be development, agricultural conversion, time the arroyo toad was listed in 1994, determined to be an endangered species operations of dams and water flow, development and urban sprawl had or threatened species because of any one roads and road maintenance, already resulted in conversion to urban or a combination of the five factors recreational activities, introduced and suburban use of nearly 40 percent described in section 4(a)(1) of the Act: predator species, and drought (59 FR of the riparian areas along the coast (A) The present or threatened 64859; December 16, 1994). Other from Ventura County to the Mexican destruction, modification, or threats identified in 1994 included border (CDFG 2005). The trend toward curtailment of its habitat or range; (B) livestock grazing, mining and increasing urbanization in California overutilization for commercial, prospecting, and alteration of the continues to the present day. recreational, scientific, or educational natural fire regime (59 FR 64859). Existing urban development currently purposes; (C) disease or predation; (D) Current and potential future threats to affects 25 out of 32 river basins (3 the inadequacy of existing regulatory arroyo toads include urban development unknown) where arroyo toads are mechanisms; or (E) other natural or (Factors A and E), agriculture (Factors A known to occur and has a serious effect human made factors affecting its and E), operation of dams and water on arroyo toads and their habitats. continued existence. A species may be diversions (Factor A), mining and While this threat has been somewhat reclassified on the same basis. prospecting (Factors A and E), livestock reduced at 10 occurrences, we Determining whether the status of a grazing (Factor A), roads and road categorize the threat of urban species has improved to the point that maintenance (Factors A and E), development as having a high level of it can be downlisted or delisted requires recreation (Factors A and E), invasive, impact to the species throughout its consideration of whether the species is nonnative plants (Factor A), disease range. Decline in number of populations endangered or threatened because of the (Factor C), introduced predator species of arroyo toads has already occurred same five categories of threats specified (Factor C), drought (Factor E), fire and (Jennings and Hayes 1994, p. 57), and in section 4(a)(1) of the Act. For species fire suppression (Factors A and E), and new data indicate that the species has that are already listed as endangered climate change (Factor E). continued to decline in numbers and in species or threatened species, this Please see the ‘‘Threats’’ section of the area occupied within its current range analysis of threats is an evaluation of final species report for a thorough (Hancock 2007–2014, entire; both the threats currently facing the discussion of all potential and current Hollingsworth in litt. 2014; USGS in litt. species and the threats that are threats (Service 2015, pp. 29–91). In the 2014; Sweet 2015, pers. comm.; USGS reasonably likely to affect the species in final species report, we use threat 2015, pers. comm.). In addition, the foreseeable future following the impact categories to reflect the increases in human population and delisting or downlisting and the magnitude to which arroyo toads are urban development pressures will, removal or reduction of the Act’s affected by the threat. Impact categories through time, continue to cause new protections. are: (1) High: Likely to have a major loss of arroyo toad populations and A species is an ‘‘endangered species’’ impact on local populations or habitat reduce opportunities for conservation for purposes of the Act if it is in danger that rises to a species-level effect; (2) and enhancement of existing of extinction throughout all or a medium: Likely to have a moderate populations; they will also reduce the significant portion of its range and is a impact on local population numbers or potential for reintroduction of the ‘‘threatened species’’ if it is likely to habitat, but populations in other species, and likely further reduce the become an endangered species within locations may not be impacted such that genetic variation found in this species the foreseeable future throughout all or the effect does not rise to the species (Lovich 2009, p. 91). While impacts

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from development have been reduced at Dams and water diversions currently Mining and prospecting currently 10 occurrences through current affect 19 out of 26 river basins (9 affect 8 out of 27 river basins (8 conservation measures, over the next 20 unknown) where arroyo toads are unknown) where arroyo toads are years urban development is expected to known to occur and have a serious known to occur and have minimal continue to have a high level of impact effect on arroyo toads and their habitats. impacts on local population numbers or to arroyo toads. While this threat has been reduced at habitat and their habitats. Therefore, we four occurrences, we categorize the categorize this threat as having a low Agriculture threat of the operation of dams and level of impact to the species At the time of listing, habitat loss water diversions as having a high level throughout its range. Sand and gravel from agricultural development projects of impact to the species throughout its mining remain a threat at five in riparian wetlands also had caused range. Dam construction results in the occurrences in the United States and permanent losses of riparian habitats. immediate destruction of habitat above two occurrences in Baja California, Agricultural development currently the dam through inundation, destroying Mexico, and gold prospecting is a threat affects 20 out of 35 river basins where both arroyo toad breeding and upland at one occurrence in the United States. arroyo toads are known to occur and has habitats. Downstream habitat is Overall, over the next 20 years, mining a moderate effect on arroyo toads and eliminated by regulated stream flows and prospecting are expected to their habitats. While this threat has been that: Destroy sand bars used during the continue to have a low level of impact reduced at two occurrences, we breeding season; reconfigure, and in to arroyo toads. some cases eliminate, suitable breeding categorize the threat of agriculture as Livestock Grazing having a medium level of impact to the pools; and disrupt clutch and larval species throughout its range. Because development (Ramirez 2005, p. 2). The At the time of listing, overgrazing arroyo toads use both aquatic and initial downstream effects of a dam will caused mortality to arroyo toads if terrestrial environments, they are modify and degrade breeding habitat for horses or cattle were allowed to graze in impacted both by agricultural activities arroyo toads, but in the long term will riparian areas. The effects of livestock that subject their habitats to increased eventually eliminate it (Madden-Smith grazing on arroyo toads included fragmentation and by decreased habitat et al. 2005, p. 23). Impacts from directly crushing individuals and quality from groundwater pumping, unseasonal water releases have been burrows; trampling stream banks, water diversions, and contaminated minimized at three occurrences at the resulting in soil compaction, loss or runoff. Additionally, arroyo toads are Santa Clara River Basin, Lower reduction in vegetative bank cover, attracted to open areas of farm fields to Sweetwater River Basin, and Lower stream bank collapse, and increased in- find foraging and burrowing sites, and Cottonwood Creek Basin, and have been stream water temperatures from loss of thus are vulnerable to being run over by partially minimized at the Upper San shade; and excess sedimentation farm equipment or trampled by field Diego River Basin occurrence. Although entering stream segments at crossings or workers. Where chemicals are used, the threat is reduced in these areas, other stream areas used by livestock for arroyo toads are exposed to residues other impacts from dams and water watering or grazing on riparian that can collect in soils where they diversions, such as reduction of vegetation. burrow or in pools where they breed. sediments and nutrients, and increased Livestock grazing currently affects 20 Overall, over the next 20 years, desiccation, vegetation density, and out of 35 river basins where arroyo agriculture is expected to continue to presence of aquatic predators, still exist. toads are known to occur and has a have a medium level of impact to arroyo Overall, over the next 20 years, moderate effect on arroyo toads and toads. operation of dams and water diversions their habitats. While this threat has been are expected to continue to have a high reduced at four occurrences, we Operation of Dams and Water level of impact to arroyo toads. Diversions categorize the threat of livestock grazing Mining and Prospecting as having a medium level of impact to At the time of listing, short- and long- the species throughout its range. Due to term changes in river hydrology, At the time of listing, habitat loss their fragile nature, even occasional use including construction of dams and through recreational suction dredge of riparian corridors by cattle can cause water diversions, were responsible for mining for gold was considered an harm to the riparian and aquatic the loss of 40 percent of the estimated additional threat to the species. For habitats. Concentrated grazing by cattle original range of the species, and nearly example, in 1991, during the Memorial will, over time, reduce or eliminate the half of historical extirpations prior to Day weekend, four small dredges under- and mid-story components of listing are attributed to impacts from operating on Piru Creek in the Los vegetation. Evidence of livestock original dam construction and operation Padres National Forest produced overgrazing is seen in the lack of (Sweet 1992, pp. 4–5; Ramirez 2003, p. sedimentation visible more than 0.8 breeding pool habitat, sloughed and 7). These changes are a result of dam miles (mi) (1 kilometer (km)) trampled stream-banks, and a stressed construction and operation because the downstream and adversely affected riparian plant community where original construction of a dam: (1) 40,000 to 60,000 arroyo toad larvae. desirable species such as sedges (Carex Effectively fragments a watershed by Subsequent surveys revealed an almost spp.) and young willows (Salix spp.) are slowing rivers and blocking the natural total loss of the species in this stream becoming scarce and undesirable flow of water and sediments; (2) section; fewer than 100 larvae survived, species such as tamarisk (Tamarix spp.) inundates large areas of arroyo toad and only four juvenile toads were are increasing. Livestock grazing on habitat; and (3) blocks in-stream located (Sweet 1992, pp. 180–187). Federal lands has been reduced to some movement of arroyo toads, which Currently, the California Department of extent through section 7 consultation effectively isolates populations Fish and Wildlife has prohibited suction and the addition of minimization upstream and downstream of dams and dredge mining in Class A streams; only measures to grazing allotment permits may preclude recolonization of areas one occurrence is located outside Class issued by Los Padres and Cleveland formerly occupied by arroyo toads A streams in the United States (24 total National Forests. Overall, over the next (Campbell et al. 1996, p. 18). occurrences). 20 years, livestock grazing is expected to

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continue to have a medium level of threat as having a medium level of currently limited to proactive control impact to arroyo toads. impact to the species throughout its and minimizing habitat disturbances range. Many of the recreational that permit some invasive species to Roads and Road Maintenance activities described above may result in become established. Overall, over the At the time of listing, the use of heavy the loss and fragmentation of arroyo next 20 years, invasive, nonnative equipment in yearly reconstruction of toad habitat. Roads, trails, OHV use, plants are expected to continue to have roads and stream crossings in the recreational facilities, and water a medium level of impact to arroyo National Forests had a significant and impoundments can replace natural toads. repeated impact to arroyo toads and habitat, and this destruction can Disease their habitat. Conversion of streams and displace arroyo toad populations stream terraces to roads eliminates (Maxell and Hokit 1999, p. 2.15). The Disease was not considered a threat to foraging and burrowing habitat for U.S. Forest Service (Forest Service) has arroyo toads at the time of listing in arroyo toads. Toads are crushed by been proactive in reducing or 1994. However, during the last several equipment on the roads or when eliminating some of these threats on decades, significant declines in vehicles use the low water crossings their lands. To help control recreational populations of amphibians have been during normal daytime project activities, the Forest Service has closed observed worldwide (Beebee and activities. For example, as described in campgrounds seasonally or Griffiths 2005, p. 273). Since the arroyo the listing rule (59 FR 64859; December permanently, installed road and toad was listed, chytridiomycosis, an 16, 1994), grading in Mono Creek for interpretive signs, erected barriers, re- infectious amphibian disease caused by Ogilvy Ranch Road destroyed habitat routed trails and trailheads, and the fungus Batrachochytrium and likely killed individual toads; implemented seasonal road closures in dendrobatidis (Bd), has been clearly maintenance of the road continues to six occurrences on Federal lands. linked to these amphibian declines and depress populations of toads in Mono However, impacts have not been extinctions worldwide. Bullfrogs (Rana Creek. reduced at the remaining recreational catesbeiana), an introduced predator, Roads and road maintenance sites on National Forests. Overall, over may also carry the pathogen without currently affect 30 out of 35 river basins the next 20 years, recreational activities showing clinical signs of the disease where arroyo toads are known to occur are expected to continue to have a (Beebee and Griffiths 2005, p. 273). and have a moderate effect on arroyo medium level of impact to arroyo toads. Infection caused by Bd would likely toads and their habitats. While this have a major effect to arroyo toads threat has been reduced at three Invasive, Nonnative Plants because the available information occurrences, we categorize the threat of At the time of listing, invasive, indicates that arroyo toads are roads and road maintenance as having nonnative plants were not identified as susceptible to the disease. However, it is a medium level of impact to the species a threat to arroyo toads. Since then, not currently known to occur in any throughout its range. Overall, over the invasive, nonnative plants have had a populations. We therefore do not next 20 years, roads and road negative effect on arroyo toads and their consider disease to be a threat currently maintenance are expected to continue to habitat. Nonnative plant species, affecting the species, although it could have a medium level of impact to arroyo particularly tamarisk and giant reed be a potential future threat that should toads. (Arundo donax), alter the natural be monitored. hydrology of stream drainages by Recreation Introduced Predator Species eliminating sandbars, breeding pools, At the time of listing, recreational and upland habitats. At the time of listing, nonnative activities in riparian wetlands had Invasive, nonnative plants are known predators had caused substantial substantial negative effects on arroyo to currently affect 16 out of 25 river reductions in the sizes of extant toad habitat and individuals. Streamside basins (10 unknown) where arroyo toads populations of arroyo toads, and campgrounds in southern California are known to occur and have a moderate nonnative predators have caused arroyo National Forests were frequently located effect on arroyo toad habitats. While this toads to disappear from large portions of adjacent to arroyo toad habitat (Sweet threat has been reduced at six historically occupied habitat (Jennings 1992). With nearly 20 million people occurrences, we categorize the threat of and Hayes 1994, p. 57). living within driving distance of the invasive, nonnative plants as having a Introduced predators currently affect National Forests and other public lands medium level of impact to the species 26 out of 35 river basins where arroyo in southern California, recreational throughout its range. Invasive, toads are known to occur and have a access and its subsequent effects are an nonnative plants such as tamarisk and serious effect on arroyo toads and their ongoing concern (CDFG 2005). giant reed alter the natural hydrology habitats. While this threat has been Numerous studies have documented the and habitat features of watersheds somewhat reduced at five occurrences, effects of recreation on vegetation and occupied by arroyo toad. Large riparian we categorize the threat of introduced soils, and document results of human corridors have historically acted as predators as having a high level of trampling caused by hiking, camping, natural firebreaks in southern California impact to the species throughout its fishing, and nature study. Significantly because of their low-lying topography range. Introduced fishes and bullfrogs fewer studies report the consequences of and relative absence of flammable fuels. prey on arroyo toad larvae, juveniles, horse and bicycle riding or that of off- However, the highly flammable tamarisk and adults. These predator species pose road vehicles (OHV) and snowmobiles and giant reed have altered this a continuing threat to almost all arroyo (Cole and Landres 1995). situation and pose a serious problem for toad populations and have essentially Recreational activities are currently management because they vigorously become residents of the ecosystem. In known to affect 22 out of 25 river basins resprout after burning. Management of reality, bullfrogs, green sunfish (10 unknown) where arroyo toad are invasive plants and weeds with (Lepomis cyanellus), and other exotic known to occur and have a moderate chemical herbicides and pesticides can predatory fishes are not well-adapted to effect on arroyo toads and their habitats. also have impacts to arroyo toads. be permanent residents of the portions While this threat has been reduced at Management of invasive plants that of streams occupied by arroyo toads; six occurrences, we categorize this minimizes impacts to arroyo toads is they die off during droughts, or are

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washed out by moderate flooding Periodic Fire and Fire Suppression plants and predators. The potential loss (Sweet 1992, p. 156). However, they At the time of listing and at present, of breeding and foraging habitats due to thrive in reservoirs and need only part periodic fires are considered a threat to climate change can work in combination of one season to reinvade upstream. arroyo toads because fires can cause with and exacerbate the effects of the Additionally, the deep pools formed direct mortality of arroyo toads, destroy other threats. Overall, climate change is below dams provide refuge for these streamside vegetation, or eliminate a current and future threat with an introduced predators and allow them to vegetation that sustains the watershed. unknown impact to arroyo toads. rapidly recolonize downstream areas Direct mortality to arroyo toads can also Cumulative and Synergistic Effects of (Sweet 1992, p. 156). Modeling has result from construction of fuel breaks Threats indicated that arroyo toad populations and safety zones in stream terraces Threats working in combination with are not self-sustaining in the presence of where arroyo toads are burrowed. one another have the ability to nonnative predators, but rather are Bulldozing operations for construction negatively impact species to a greater dependent upon continued aquatic of fuel breaks can severely degrade other degree than individual threats operating invasive species management (USGS in essential upland habitats. In recent alone (IPCC 2002, p. 22; IPCC 2014, pp. litt. 2014). Overall, over the next 20 decades, large fires in the West have 4–15; Boone et al. 2003, pp. 138–143; years, introduced predators are expected become more frequent, more Westerman et al. 2003, pp. 90–91; to continue to have a high level of widespread, and potentially more Opdam and Wascher 2004, pp. 285–297; impact to arroyo toads. deadly to wildlife (Joint Fire Science Boone et al. 2007, pp. 293–297; Program 2007, entire). There has been a Vredenburg and Wake 2007, p. 7; Drought shift to more severe fires on the Los Lawler et al. 2010, p. 47; Miller et al. Padres National Forest, including the At the time of listing, drought and the 2011, pp. 2360–2361). Combinations of Day and Zaca Fires. resultant deterioration of riparian threats impede dispersal of arroyo toads, Periodic fire and fire suppression which could affect the long-term habitats was considered to be the most activities could potentially affect 22 out significant natural factor adversely viability of individual occurrences. of 25 river basins (10 unknown) where Should arroyo toad occurrences become affecting arroyo toads. Although drought arroyo toads are known to occur and is a recurring phenomenon in southern extirpated, recolonization of these have a moderate effect on arroyo toads localities may not be possible when California, there is no doubt that this and their habitats. This threat has been natural event combined with the many occurrences are isolated by physical reduced at none of the occurrences, and barriers that may be too large or difficult manmade factors negatively affects we categorize this threat as having a to cross. Threats such as urbanization, arroyo toad survival. medium level of impact to the species agriculture (including road Drought continues to have negative throughout its range. Overall, over the infrastructure), and dams and reservoirs effects on arroyo toads. Drought tends to next 20 years, periodic fire and fire create unnatural barriers that have be regional in scale, and thus we expect suppression activities are expected to already eliminated habitat that arroyo Baja California, Mexico, to experience continue to have a medium level of toads used for dispersal within and similar effects to southern California. impact to arroyo toads. between river basins. In addition, Therefore, drought currently affects 35 Climate Change drought-caused population bottlenecks out of 35 river basins where arroyo may be more severe when coupled with toads are known to occur and has a Climate change is a new threat habitat loss and degradation in the range identified since listing. Climate change serious effect on arroyo toads and their of the arroyo toad, and while being currently affects 35 out of 35 river habitats. Most arroyo toad occurrences impacted by introduced predators, basins where arroyo toads are known to are small and occur in ephemeral water releases, and other anthropogenic occur; however, the impact of climate streams at high elevations. At lower activities. If the effects of climate change change on arroyo toad populations or elevations, impacts from drought on become more severe as predicted, these habitat throughout the species’ range disturbances could increase, along with arroyo toad occurrences are exacerbated remains unknown. Over the next 35 to by alteration of hydrology from dams, the potential spread or change in 55 years, the key risk factor for climate virulence of Bd, and these effects could water diversions, and groundwater change impacts to arroyo toads is likely extraction due to urbanization and further reduce dispersal habitat for the interaction between: (1) Reduced arroyo toads. agriculture. Arroyo toads’ lifespan water levels limiting breeding and larval averages approximately 5 years; if development or causing direct Geographic Distribution of Threats drought persists longer than 6 years, mortality; (2) reduction or loss of We also examined the distribution of entire populations could be extirpated breeding and upland habitat; and (3) the threats across the range of the species to for lack of water necessary to reproduce relative inability of individuals to assist in determining whether the status and complete their life cycle (Sweet disperse longer distances in order to and the threats affecting the species 1992, p. 147; USGS in litt. 2014). occupy more favorable habitat might vary across its range. Drought is certainly not unusual in conditions (i.e., move up and down southern California and arroyo toad stream corridors, or across river basins). Northern Recovery Unit populations have withstood such This reduced adaptive capacity for Threats in the northern portion of the episodes in the past, such that no arroyo toad is a function of its highly arroyo toad’s range (five occurrences in occurrences have become extirpated specialized habitat requirements, the Monterey, Santa Barbara, Ventura, and since listing; however, the 2014–2015 dynamic nature of its habitat, natural Los Angeles Counties) that are likely to rainy season was part of the driest 4- barriers such as steep topography at impact some of the river basins in the year stretch ever recorded in California higher elevations, and extensive Northern Recovery Unit are history. Overall, over the next 20 years, fragmentation (unnatural barriers) characterized as medium to high in episodes of drought are expected to within and between river basins from impact; impacts primarily involve roads have a high level of impact to arroyo reservoirs, urbanization, agriculture, and road maintenance, recreation, toads. roads, and the introduction of nonnative urbanization, nonnative plants,

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introduced predator species, and fire occurrences are afforded some cannot substitute for the determinations and fire suppression on Forest Service management through Forest Service and promulgation of regulations lands. All five occurrences in the land management plans. required under section 4(a)(1) of the Northern Recovery Unit are afforded Act. Baja California, Mexico some protection that contributes to the The Service finalized a recovery plan management of arroyo toads or their There are 10 occurrences in Baja for the arroyo toad in 1999 (Service habitat through existing land California, Mexico, for which we have 1999, pp. 1–119). The intent of the management plans or an integrated limited to no information concerning arroyo toad recovery plan was to natural resources management plan the scope or degree of impact from each prescribe recovery criteria that would at (INRMP) on Federal lands. threat. Urban development, agriculture, least demonstrate population stability livestock grazing, roads, introduced and good habitat management over a Southern Recovery Unit predators, drought, and climate change period of years, which would indicate a In the central/southern portion of the are the threats known or suspected to substantially improved situation for species’ range (18 occurrences in impact arroyo toads within these 10 arroyo toads. The overall objectives of Orange, Riverside, San Bernardino, and occurrences. the recovery plan are to prevent further San Diego Counties), threat impacts are Summary of Geographic Distribution of loss of individuals, populations, and medium to high, and are expected to Threats habitat critical for the survival of the continue to increase as the demand for species; and to recover existing water and suitable development sites Although the specific threats affecting populations to normal reproductive continues. Threats here primarily the species may be different at capacity to ensure viability in the long involve urban development, agriculture, individual sites or in different parts of term, prevent extinction, maintain roads, operation of dams and water the arroyo toad’s range, on the whole genetic viability, and improve diversions, recreation, nonnative plants, threats are occurring throughout the conservation status (Service 1999, p. introduced predator species, fire and species’ range, and the severity of 108). The general aim in species’ fire suppression, and drought. As the threats and their effects on arroyo toad recovery is to establish sufficient self- human population grows, the negative populations are similar. We conclude sustaining healthy populations for the effects from increased water needs and that all populations throughout the species to be no longer considered as an recreational activities will put more species’ range and all recovery units are endangered or threatened species. pressure on the remaining habitats, even experiencing similar levels of threats. The recovery plan describes 22 river those sites receiving some protection. Recovery and Recovery Plan basins in the coastal and desert areas of Most occurrences (12 of 18) are Implementation nine U.S. counties along the central and restricted to ephemeral or low-order southern coast of California, and the streams, and of these, most (10 of 12) are Section 4(f) of the Act directs us to recovery plan divides the range of the unnaturally restricted to these areas develop and implement recovery plans arroyo toad into three large recovery because habitat downstream was for the conservation and survival of units: Northern, Southern, and Desert. destroyed by large reservoirs, endangered and threatened species These recovery units were established to urbanization, or agriculture, thereby unless we determine that such a plan reflect the ecological and geographic reducing the ability of arroyo toads to will not promote the conservation of the distribution of the species and its act in response to dynamic habitat species. Under section 4(f)(1)(B)(ii), current and historic range (Service 1999, conditions and increased threats, recovery plans must, to the maximum p. 71–72) within the United States. The especially drought, climate change extent practicable, include ‘‘objective, recovery plan did not address the effects, roads, recreation, agriculture, measurable criteria which, when met, species’ range in Mexico. In the and introduced predators. Five habitat would result in a determination, in recovery plan, the downlisting recovery conservation plans (HCPs) were accordance with the provisions of criteria state that for the arroyo toad to developed to minimize impacts to [section 4 of the Act], that the species be reclassified to threatened, arroyo toad at eight occurrences from be removed from the list.’’ However, management plans must have been development and associated revisions to the list (adding, removing, approved and implemented on federally infrastructure. There are also large areas or reclassifying a species) must reflect managed lands, and at least 20 self- of Federal lands, such as the Marine determinations made in accordance sustaining metapopulations or Corps Base Camp Pendleton, Naval with sections 4(a)(1) and 4(b) of the Act. populations at specified locations must Weapons Station Seal Beach Section 4(a)(1) requires that the be maintained (Service 1999, pp. 75– Detachment Fallbrook, and the Remote Secretary determine whether a species 77). Self-sustaining is defined in the Training Site Warner Springs, where is endangered or threatened (or not) recovery plan as populations that have arroyo toads are managed under the because of one or more of five threat successful recruitment equal to 20 military’s INRMPs, and 11 of 18 factors. Section 4(b) of the Act requires percent or more of the average number occurrences within the Southern that the determination be made ‘‘solely of breeding adults in 7 of 10 years of Recovery Unit are on Forest Service on the basis of the best scientific and average to above-average rainfall lands or are partly on Forest Service commercial data available.’’ Therefore, amounts with normal rainfall patterns. lands and benefit from land recovery criteria should indicate when a Such recruitment would be documented management plans. species is no longer an endangered by statistically valid trend data species or threatened species because of indicating stable or increasing Desert Recovery Unit any of the five statutory factors. Thus, populations. In the desert portion of the species’ while recovery plans provide important In our analysis of the status of the range (two occurrences in Los Angeles guidance to the Service, States, and arroyo toad, we found that we lack long- and San Bernardino Counties), threats other partners on methods of term population trend data for arroyo are moderate in impact, and result minimizing threats to listed species and toads demonstrating that populations primarily from recreation, urban measurable objectives against which to have stabilized or are increasing development, agriculture, overgrazing, measure progress towards recovery, they anywhere within the species’ range. and dam operations. Portions of both are not regulatory documents and Although arroyo toads are presumed to

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be persisting on Federal lands in 18 Peer Reviewer Comments (4) Comment: One peer reviewer river basin occurrences and 4 additional In accordance with our peer review suggested that we reclassify each threat occurrences on non-Federal lands, for a policy published on July 1, 1994 (59 FR in light of either the lack of information total of 22 extant or presumed extant 34270), we received expert opinion from for the 10 Baja California river basins or occurrences in California, and four knowledgeable individuals with the available information present in the management plans have been approved scientific expertise that included literature or from personal and are being implemented to help familiarity with arroyo toads and their communications from biologists in the conserve, maintain, and restore habitat habitat, biological needs, and threats. United States and Mexico who work in on Federal lands, the available data We reviewed all comments we the Baja California region. indicate that the species has continued received from the peer reviewers for Our Response: Within our final to decline in numbers and in area substantive issues and new information species report, we recognize and occupied within its current range regarding the proposed downlisting of account for uncertainty in the scope of (Hancock 2007–2014, entire; the arroyo toad. The peer reviewers each threat, defined as the proportion of Hollingsworth in litt. 2014; USGS in litt. generally disagreed with our finding in arroyo toad occurrences that are affected 2014; Sweet 2015, pers. comm.; USGS the proposed rule and provided by the threat, particularly when 2015, pers. comm.). At least three additional information, clarifications, considering the occurrences in Baja occurrences in the Northern Recovery and suggestions to improve the final California, Mexico. We now include Unit (Salinas River Basin, Santa Ynez rule. Peer reviewer comments are occurrences in the scope determination River Basin, and Santa Clara River addressed in the following summary only when we have information Basin) (Hancock 2006, 2007–2014; and incorporated into the final regarding the threat at that occurrence. Sweet 2015, pers. comm.) and at least determination as appropriate. For 6 of the 13 threats we evaluate, we eight occurrences in the Southern (1) Comment: Two peer reviewers and do not have adequate information to Recovery Unit (Lower Santa Margarita several public comments did not agree assess whether the threat is impacting River Basin, Upper San Luis Rey River that we met the intent of the recovery occurrences of arroyo toads in Baja Basin, Upper and Lower Santa Ysabel criteria; they stated that arroyo toads are California, Mexico; we therefore Creek Basins, Upper San Diego River extant in only 17 river basins on Federal categorize these occurrences as Basin, Upper Sweetwater River Basin, lands and the currently available data ‘‘unknown’’ and exclude them from our and Upper and Lower Cottonwood do not support that arroyo toad determination of scope for that threat. Creek Basins) (USGS in litt. 2014; USGS populations are self-sustaining. (5) Comment: Several peer reviewers 2015, pers. comm.) have shown recent Our Response: We agree with the peer and public comments pointed out that declines. reviewers and commenters that the our conclusion in the proposed rule These and other data that we have intent of the reclassification criteria in failed to account for current events analyzed indicate that the downlisting the recovery plan (Service 1999) has not because arroyo toads were listed at the criteria have not been met for the arroyo been met at this time. We have revised end of a serious drought and we are now toad. The types of threats to arroyo our analysis accordingly (see Summary in the worst drought on record. toads remain the same as at the time of of Basis for This Withdrawal and Our Response: We incorporated this listing and are ongoing, and new threats Recovery and Recovery Plan new information into the final species have been identified. Some conservation Implementation). We are withdrawing report where applicable and efforts are ongoing in most populations the proposed rule to downlist the arroyo summarized those changes in this to help manage and reduce impacts to toad from an endangered to a threatened document (see the Drought section arroyo toads from many ongoing threats; species under the Act. under Summary of Factors Affecting the however, we have not yet documented (2) Comment: Two peer reviewers Species, above). a response to these ongoing provided new threat information. One (6) Comment: One peer reviewer and conservation actions that would peer reviewer provided new information public comment expressed concern that indicate a change in the species’ listing on the threats of drought, introduced the increasing prevalence of chytrid status is warranted. predator species, livestock grazing, and fungus will severely impact the few Summary of Comments and operation of dams and water diversions; remaining populations because arroyo Recommendations another peer reviewer provided new toads are sensitive to infection and information regarding threats affecting likely mortality from this pathogen. In the proposed rule published on arroyo toad occurrences in Baja Our Response: Please see the Disease March 27, 2014 (79 FR 17106), we California, Mexico. section under Summary of Factors requested that all interested parties Our Response: We incorporated this Affecting the Species, above, for a submit written comments on the new information into the final species discussion of impacts of proposal by May 27, 2014. We reopened report where applicable and chytridiomycosis on the arroyo toad. the comment period on the proposed summarized those changes in this (7) Comment: One peer reviewer rule on October 17, 2014, for an document (see Summary of Basis for asked for information on how we have additional 30 days (79 FR 62408). We This Withdrawal and Summary of implemented the recovery strategy and also contacted appropriate Federal and Factors Affecting the Species). objectives, specifically: State agencies, scientific experts and (3) Comment: Several peer reviewers • Identify and secure additional organizations, and other interested provided new population survey suitable arroyo toad habitat and parties and invited them to comment on information and information on recent populations; the proposal. We did not receive any years of reproductive failure and adult • Conduct research to obtain data to comments from States or Tribes. We mortality. guide management efforts and also did not receive any requests for a Our Response: We incorporated this determine the best methods for reducing public hearing. All substantive new information into the final species threats; and information provided during the report where applicable; see Summary • Develop and implement an comment periods has been incorporated of Basis for This Withdrawal and outreach program. directly into this final determination or Recovery and Recovery Plan Our Response: We have continued to is addressed below. Implementation. work with our partners to protect arroyo

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toads, and some arroyo toad habitat has identify the three recovery units cooperation with the Service and State been acquired since the time of listing (Northern, Southern, and Desert) based fish and wildlife agencies to ensure at three occurrences on non-Federal solely on genetics. Thus, stabilizing and proper consideration of fish, wildlife, land (Lower and Middle San Luis Rey expanding the populations in these and habitat needs. We look forward to River, Upper Santa Ysabel Creek, and units will preserve the species’ genetic continued collaboration with Camp Lower Cottonwood Creek basins) diversity as well as the distinct Pendleton in implementing through HCPs or other mechanisms ecological environments in which the conservation measures that contribute to such as grants and section 7 species is found (Service 1999, p. 70). the recovery of the arroyo toad. consultations. Additionally, the Lower (10) Comment: One peer reviewer (13) Comment: The Angeles, Sweetwater River Basin occurrence commented that we discuss Camp Cleveland, Los Padres, and San (non-Federal land) is partially within Pendleton and Fort Hunter Liggett as Bernardino National Forests expressed the County Subarea Plan under the San military lands with INRMPs, but do not concern that human-caused threats Diego Multiple Species Conservation mention Naval Weapons Station Seal could be increasing as the presence of Plan, and some areas could be placed in Beach, Detachment Fallbrook, and the Forest Service recreation staff and fire reserves in the future. Some research is Navy installation at Remote Training prevention officers has been decreasing. being conducted to guide management Site Warner Springs. These installations Our Response: We recognize that lack efforts, particularly research by the U.S. also have INRMPs that include arroyo of resources can affect the ability to Geological Survey (USGS), much of toads, and they spend a lot of money on implement conservation actions. We which is described in their peer review. arroyo toads at these installations. will work with the Forest Service We have not developed or implemented Our Response: We incorporated this through our consultations to determine an outreach program. new information into the final species whether changes in resources may (8) Comment: A peer reviewer report where applicable (see Geographic impact arroyo toads. recommended that climate change Breakdown of Threats: Southern (14) Comment: One comment pointed predictions and changes from historical Recovery Unit (Service 2015, pp. 93–94) out that attempts to remove introduced patterns be considered or incorporated and Achievement of Downlisting predators on Los Padres National Forest into the downlisting criteria. Because Criteria: Criterion 1—Approved and in the past have proved to be inadequate self-sustaining populations are currently Implemented Management Plans on in scope and duration despite a focused defined by positive recruitment of Federal Lands (Service 2015, p. 98)). effort because of the extensive arroyo toad individuals during average (11) Comment: One peer reviewer distribution of these predators across or above-average rainfall years, we are pointed out that the Conjunctive Use jurisdictional boundaries and their assuming that the frequency of average Project for the Santa Margarita River is ability to reproduce rapidly. or above-average rainfall years would be currently being planned and will Our Response: We commend the consistent with historical patterns. involve increased water diversions and Forest Service for their efforts to remove Our Response: When we drafted the groundwater pumping from the lower introduced predators to improve arroyo recovery plan for the arroyo toad in Santa Margarita River Basin (MCB Camp toad habitat. The Forest Service, on the 1999, we did not consider climate Pendleton 2012, 2013). The portion of four National Forests that contain arroyo change and its potential influence on the River downstream from the water toads, implements conservation recovery or the formation of the diversion represents the most stable area measures for sensitive species under recovery criteria. Though we are not of arroyo toad breeding and recruitment their land and resource management currently revising the recovery plan for on Camp Pendleton. Although the direct plans, which outline management the arroyo toad, we did take future and indirect impacts are still being direction, including desired future climate change projections into account reviewed, this project has the potential conditions, suitable uses, monitoring when evaluating potential threats in the to result in extremely severe impacts to requirements, goals and objectives, and final species report. Any future the arroyo toad population along the standards and guidelines. Additionally, revisions of the recovery plan would lower Santa Margarita River. through section 7 of the Act, Federal consider new information, including Our Response: The Service is agencies such as the Forest Service are effects of climate change. currently in formal consultation with required to use their authorities to carry (9) Comment: One peer reviewer Camp Pendleton on the Conjunctive Use out programs for the conservation of commented that recovery units should Project, and we are working with the listed species and to consult with the be reassessed to only include Northern U.S. Marine Corps to review and Service when a Federal action may have and Southern Recovery Units and not address those impacts. an effect on listed species. We include the Desert Recovery Unit, given acknowledge the difficulty of removing that research shows desert unit Federal Agency Comments introduced predators from arroyo toad haplotypes are virtually identical to (12) Comment: One comment from habitat, which we recognize is one of those in the Northern Recovery Unit. Camp Pendleton expressed gratification the most serious threats to the survival Our Response: Arroyo toads survive that their INRMP has contributed to the of arroyo toads. This conservation in areas that are ecologically and recovery and conservation goals for measure to improve the status of arroyo geographically distinct from one arroyo toad. The base will continue to toads is a long-term management action another, and the threats in those areas implement management conservation and will require ongoing efforts to differ to some degree (Service 1999, p. programs and projects through their remove or reduce the level of predation 70). To address the recovery needs of INRMP. from introduced predators in order to arroyo toads in each of these areas, we Our Response: We appreciate Camp recover arroyo toads. established the three recovery units, Pendleton’s willingness to work with identified as Northern, Southern, and the Service to help conserve arroyo Public Comments Desert, that reflect the ecological and toads. The Sikes Act (16 U.S.C. 670a et (15) Comment: Several commenters geographic separations and cover the seq.) requires the Department of Defense pointed out that while there have been known and historical range of the to develop and implement INRMPs for some successes in mitigating the species within the United States military installations across the United negative impacts of some threats to (Service 1999, p. 70). We did not States. INRMPs are prepared in arroyo toads, others will grow in

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severity in the future due to growing species and that reclassifying arroyo the Forest Service get to recreate where populations and greater water needs, toad is not warranted at this time, such the public is not allowed. leading to additional stresses on the conservation actions have prevented the Our Response: The Forest Service has populations of the arroyo toad. extirpation of populations, and arroyo taken a number of steps to improve the Our Response: We state in the final toads continue to persist and occupy the status of arroyo toads. They initiated species report that as the human same range as they did at the time of several nonnative and pest eradication population grows, the negative effects listing. programs, including efforts to eradicate from increased water needs and (17) Comment: One commenter stated yellow-star thistle (Centaurea recreational activities, in the Southern that the original listing of the arroyo solstitialis), giant reed, and tamarisk, Recovery Unit in particular, will put toad as endangered was intended to and have proposed the National Forests more pressure on the remaining arroyo restrict public access to National of Southern California Weed toad habitat, even those sites receiving Forests. Campgrounds and OHV riding Management Strategy under Appendix some protection (Service 2015, p. 93). areas at Littlerock Dam were closed; M of the LRMP. According to Standards Additionally, we acknowledge that Hardluck Campground was closed; and 12, 13, and 47 of that LRMP, future pest threats such as drought and climate all campgrounds were closed and trout and nonnative species control projects change will place added stress on stocking stopped in Big Tujunga will be beneficial for the recovery of available water supplies throughout the Canyon. Even though heavy use listed and candidate species and their species’ range and may work in occurred and lots of taxpayer dollars critical habitats. Moreover, Forest combination with other threats to have been spent on facilities in these Service staff and volunteers conduct impact arroyo toad populations. As areas, arroyo toads were still found, and annual tamarisk removal in Los Padres noted in the final species report and these areas will never be reopened. National Forest along portions of Piru earlier in the Geographic Distribution of Our Response: Areas within Forest Creek, Sisquoc River, Santa Ynez River, Threats section under the Summary of Service lands were closed to public and Sespe Creek to protect and restore Factors Affecting the Species, large- access for recreational purposes to arroyo toad habitat. Habitat Works is an scale conservation planning efforts and facilitate recovery of the arroyo toad. environmental stewardship action group land management plans for Federal Land and resource management plans performing volunteer projects to lands include measures to benefit arroyo (LRMPs) provide guidance for activities improve wildlife habitat in southern toad. Therefore, while we recognize the carried out on National Forest lands. California (Habitat Works 2015). impact that a growing human Each National Forest is governed by a Therefore, while Habitat Works is able population and increased water needs LRMP in accordance with the National to access locations that the public is not, in California and Baja California, Forest Management Act (16 U.S.C. 1600 the goal of volunteer restoration groups Mexico, would have on arroyo toads, we et seq.), which outlines management is to implement projects that improve anticipate that these large-scale direction, including desired future wildlife habitat for the benefit of species management plans will help buffer conditions, suitable uses, monitoring such as the arroyo toad and not to arroyo toads from the impact of these requirements, goals and objectives, and access a site for recreational purposes. threats to some degree. standards and guidelines. Additionally, (19) Comment: One commenter (16) Comment: Several public through section 7 of the Act, Federal acknowledged the Service, Forest commenters stated that there is little to agencies, such as the Forest Service, are Service, California Department of Fish no diminishment in many of the threats required to use their authorities to carry and Wildlife, and other agencies that caused the arroyo toad’s out programs for the conservation of involved with the species recovery widespread population decline. In listed species and to consult with us program for their efforts in particular, comments point to (Service) when a Federal action may implementing various measures to help development of low-gradient river have an effect on listed species. protect the species. As an example, margins, OHVs, disruption of natural Therefore, the Forest Service, in suction dredging is now prohibited in flow regimes, incompatible land uses, consultation with the Service under Class A streams. inappropriate vegetation treatments section 7 of the Act, proposed LRMPs Our Response: We appreciate the intended to reduce fires, drought, and for the four National Forests in which comment recognizing the hard work of no serious effort to reduce threats posed arroyo toad occurs that include land use the Service and our partners who are by nonnative, invasive species and priorities and fish and wildlife working to help recover the arroyo toad. invasive riparian plants. standards. For example, biological zones (20) Comment: One commenter Our Response: As noted above, we or wilderness areas such as Upper Big pointed out that since listing, new conclude that the types of threats to Tujunga and Little Rock Creeks are populations have been found, but none arroyo toads remain the same as at the subject to fish and wildlife standards of these appears to be thriving, and in time of listing and are ongoing; in that direct activities in these areas to be some populations there is evidence to addition, new threats have been neutral or beneficial to arroyo toads. suggest recruitment has plummeted. identified. However, while we conclude Therefore, because recreational Our Response: Since the arroyo toad that threats have not been ameliorated activities are known to negatively affect was listed as an endangered species, sufficiently such that the species can be the arroyo toad and its habitat, certain several new populations have been reclassified, conservation efforts, recreational activities at identified found within the extant range due to including HCPs, land and resource locations are prohibited to avoid and increased survey efforts. As summarized management plans, and INRMPs, are minimize impacts to arroyo toad and its in the final species report (Service 2015, ongoing in most populations to reduce habitat. pp. 13–15), at the time of listing in 1994, impacts from 9 of the 13 currently (18) Comment: One commenter noted arroyo toads were believed to be extant identified threats that affect arroyo that public access and recreation has in 22 populations within 8 drainages in toads. These plans have helped to been restricted at Hardluck Campground the United States; specific populations manage and reduce impacts to arroyo but it has been opened to environmental in Mexico were not discussed (59 FR toads from many ongoing threats. While groups (i.e., Habitat Works) that are 64859; December 16, 1994). Subsequent we conclude that we have not yet eradicating tamarisk. The public pays, to listing, arroyo toads were discovered achieved downlisting criteria for the but Habitat Works with the support of in Monterey County on the San Antonio

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River at Fort Hunter Liggett Military analysis discussions in the final species suppression. These threats are likely to Reservation in 1996 (Hancock 2009a, p. report (Service 2015, pp. 29–91)). have a moderate impact on local 9). In Riverside County, a small Current and potential future threats to population numbers or habitat. population was detected within arroyo toads include urban development However, populations in other locations Murrieta Creek basin in 2001 (WRCRCA (Factors A and E), agriculture (Factors A may not be impacted. Therefore, the 2006, p. 5). In Baja California, Mexico, and E), operation of dams and water effects of these threats do not rise to the surveys have identified several newly diversions (Factor A), mining and species level. recognized populations and the first prospecting (Factors A and E), livestock Management efforts are being records of the species in the Rio Las grazing (Factor A), roads and road implemented in approximately 18 Palmas, Rio El Zorillo, and Rio Santo maintenance (Factors A and E), arroyo toad occurrences on Federal Tomas (Lovich 2009, pp. 74–97). recreation (Factors A and E), invasive, lands through the LRMPs for each of the Regarding evidence of plummeting nonnative plants (Factor A), disease four southern California National recruitment, for most populations of (Factor C), introduced predator species Forests (Los Padres, Angeles, San arroyo toads, we do not have long-term (Factor C), drought (Factor E), fire and Bernardino, and Cleveland), and trend data. However, we received fire suppression (Factors A and E), and through the INRMPs on Fort Hunter information from peer reviewers that climate change (Factor E). Some factors Liggett, Naval Weapons Station Seal indicates that at least three occurrences known to pose a threat to arroyo toads Beach, Camp Pendleton, and Naval Base in the Northern Recovery Unit (Salinas and their habitat at the time of listing Coronado. As a result, very few River Basin, Santa Ynez River Basin, are no longer of concern (for example, populations of arroyo toads have been and Santa Clara River Basin) (Hancock new dam construction or collection for extirpated since the time of listing, and 2006, 2007–2014; Sweet 2015, pers. scientific or commercial purposes). the species continues to persist comm.) and at least eight occurrences in Conservation activities and preservation throughout the range known at the time the Southern Recovery Unit (Lower of habitat have further reduced threats of listing. However, data indicate that Santa Margarita River Basin, Upper San from mining and prospecting, livestock the species has continued to decline in Luis Rey River Basin, Upper and Lower overgrazing, roads and road numbers and in area occupied within its Santa Ysabel Creek Basins, Upper San maintenance, and recreation. current range (Hancock 2007–2014, Diego River Basin, Upper Sweetwater Overall, we find that four threats entire; Hollingsworth in litt. 2014; USGS River Basin, and Upper and Lower (introduced predator species, drought, in litt. 2014; Sweet 2015, pers. comm.). Cottonwood Creek Basins) (USGS in litt. urban development, and operation of Therefore, although some conservation 2014; USGS 2015, pers. comm.) have dams and water diversions) continue to efforts are ongoing in most populations shown recent declines. This new pose a significant threat to the to help manage and reduce impacts to information has been added to our final continued existence of the arroyo toad, arroyo toads from many ongoing threats, species report. such that these threats are likely to have we have not yet documented a species (21) Comment: One commenter a major impact on local populations or response to conservation actions that implements the Western Riverside habitat that rises to a species-level would indicate a change in listing status County Multiple Species Habitat effect. In particular, introduced is warranted at this time. Conservation Plan (MSHCP), and the predators pose a threat to the continued We examined the downlisting criteria arroyo toad is one of the covered survival of arroyo toads. Other factors, provided in the recovery plan for the species. They appreciate that the such as operation of dams and increased arroyo toad (Service 1999). Self- ongoing efforts to conserve arroyo toads drought, can increase the ability of sustaining is defined in the recovery and their habitat, including their own introduced predators to invade and plan as populations which have efforts, are contributing to the species’ persist in habitats where arroyo toads stabilized or are increasing. We lack recovery. are found. These predators can have a long-term population trend data for Our Response: We appreciate the significant impact on the breeding arroyo toads that demonstrate that efforts by the Western Riverside County success and survival of arroyo toad populations have stabilized or are MSHCP to help conserve arroyo toads populations, and if not controlled, could increasing anywhere within the species’ and their habitat by addressing impacts result in the extirpation of entire range. Although arroyo toads are still to arroyo toads from new development populations of the species. Urban extant within the range they occupied and associated infrastructure. development, drought, and operation of historically and at the time of listing, dams and water diversions, and data indicate that the species has Determination potentially climate change, also pose a continued to decline (Hancock 2007– As required by the Act, we considered threat to the continued existence of 2014, entire; Hollingsworth in litt. 2014; the five factors listed in section 4(a)(1) arroyo toads; all of these factors have USGS in litt. 2014; Sweet 2015, pers. of the Act in assessing whether the the potential to alter the natural flow comm.). At least three occurrences in arroyo toad warrants downlisting at this regime in creeks and streams that the Northern Recovery Unit (Salinas time. We examined the best scientific support arroyo toads. Because arroyo River Basin, Santa Ynez River Basin, and commercial information available toads have specialized life-history needs and Santa Clara River Basin) (Hancock regarding the past, present, and and habitat requirements, they are 2006, 2007–2014; Sweet 2015, pers. foreseeable future threats faced by the especially sensitive to such changes in comm.) and at least eight occurrences in species. For the purposes of this habitat. Furthermore, conservation the Southern Recovery Unit (Lower determination, we consider the actions that would be sufficient to Santa Margarita River Basin, Upper San foreseeable future to be 20 years. In ameliorate the effects of factors such as Luis Rey River Basin, Upper and Lower general, we have information about climate change and drought have not Santa Ysabel Creek Basins, Upper San effects of threats on arroyo toads since been implemented. Diego River Basin, Upper Sweetwater time of listing, approximately 20 years Arroyo toads also continue to be River Basin, and Upper and Lower ago. Therefore, the timeframe we are impacted by threats from agriculture; Cottonwood Creek Basins) (USGS in litt. comfortable predicting into the future livestock grazing; roads and road 2014; USGS 2015, pers. comm.) have for most threats is also 20 years (as maintenance; recreation; invasive, shown recent declines. Because no described under the various threats nonnative plants; and fire and fire information indicates that populations

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have stabilized or are increasing, and populations of arroyo at risk of References Cited new information suggests several extinction such that the species is in A complete list of all references cited occurrences are declining, we have danger of extinction throughout all its in this document is available on the determined that the intent of the range. Internet at http://www.regulations.gov at downlisting criteria has not been met. Docket No. FWS–R8–ES–2014–0007 or In conclusion, we have carefully Because we have determined that the upon request from the Field Supervisor, assessed the best scientific and arroyo toad is in danger of extinction Ventura Fish and Wildlife Office (see commercial information available throughout all its range, no portion of its regarding the past, present, and future range can be ‘‘significant’’ for purposes ADDRESSES). threats faced by this species. After of the Act’s definitions of ‘‘endangered Authors review of the information pertaining to species’’ and ‘‘threatened species.’’ See The primary authors of this document the five statutory factors, we determined the Service’s final policy interpreting are the staff members of the Pacific that the types of threats to arroyo toads the phrase ‘‘significant portion of its Southwest Regional Office and Ventura remain the same as at the time of listing range’’ (SPR) (79 FR 37578; July 1, Fish and Wildlife Office (see and are ongoing, and new threats have 2014). ADDRESSES). been identified. Some conservation Based on the analysis above, we efforts are ongoing in most populations conclude the arroyo toad meets the Authority to help manage and reduce impacts to Act’s definition of an endangered The authority for this action is the arroyo toads from many ongoing threats; species in that it is in danger of Endangered Species Act of 1973, as however, we have not yet documented extinction throughout all of its range. amended (16 U.S.C. 1531 et seq.). a species response to conservation We therefore conclude that actions that would indicate a change in Dated: December 10, 2015 status is warranted. We conclude that reclassification of this species is not Stephen Guertin, the intent of the reclassification criteria warranted at this time. As a result, this Acting Director, U.S. Fish and Wildlife in the recovery plan (Service 1999, pp. document withdraws the proposed rule Service. 75–77) has not been met and that published on March 27, 2014, at 79 FR [FR Doc. 2015–32075 Filed 12–22–15; 8:45 am] ongoing threats continue to put all 17106. BILLING CODE 4333–15–P

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