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Federal Register/Vol. 71, No. 79/Tuesday, April 25, 2006 23886 Federal Register / Vol. 71, No. 79 / Tuesday, April 25, 2006 / Proposed Rules 8960; (404) 562–8483; fax number: (404) and Wildlife Office (see ADDRESSES), or listing if the Siskiyou Mountains 562–8439; e-mail address: at (530) 842–5763. salamander and the Scott Bar [email protected]. SUPPLEMENTARY INFORMATION: salamander were determined to be separate species. Given the recent SUPPLEMENTARY INFORMATION: For Background additional information, please see the recognition of these as separate taxa, we immediate final rule published in the Section 4(b)(3)(A) of the Act requires acknowledge that some may question ‘‘Rules and Regulations’’ section of this that the Service make a finding on the validity of these species. However, Federal Register. whether a petition to list, delist, or elucidating these taxonomic questions is reclassify a species presents substantial not the purpose of this finding. The Dated: April 3, 2006. scientific or commercial information purpose of this finding is to determine A. Stanley Meiburg, indicating that the petitioned action whether or not the petition presented Deputy Regional Administrator, Region 4. may be warranted. This finding is based substantial information regarding the [FR Doc. 06–3850 Filed 4–24–06; 8:45 am] on information contained in the petition status of these species within the BILLING CODE 6560–50–P and information otherwise available in context of the ESA. The petitioners also our files at the time we make the requested designation of critical habitat finding. To the maximum extent for these species concurrent with their DEPARTMENT OF THE INTERIOR practicable, we are to make this finding listing. The petition clearly identified within 90 days of our receipt of the itself as such and included the requisite Fish and Wildlife Service petition, and publish our notice of the identification information for the finding promptly in the Federal petitioners, as required in 50 CFR 50 CFR Part 17 Register. 424.14(a). In a July 19, 2004 letter to the In making this finding, we relied on petitioners, we responded that we Endangered and Threatened Wildlife information provided by the petitioners reviewed the petition for both species and Plants: 90-Day Finding on a and otherwise available in our files at and determined that an emergency Petition To List the Siskiyou Mountains the time of the petition review. We also listing was not warranted, and that Salamander and Scott Bar Salamander had access to a Geographic Information because of inadequate funds for listing as Threatened or Endangered System database of all known Siskiyou and critical habitat designation, we Mountain salamander and Scott Bar AGENCY: Fish and Wildlife Service, would not be able to otherwise address salamander sites, based on data Interior. the petition to list the Siskiyou obtained from researchers, the State of Mountains salamander and Scott Bar ACTION: Notice of 90-day petition California, the United States Forest salamander at that time. finding. Service, and private land managers. We On June 23, 2005, we received a 60- SUMMARY: We, the U.S. Fish and evaluated this information in day notice of intent to sue and on Wildlife Service (Service), announce a accordance with 50 CFR 424.14(b). The August 23, 2005, the Center for 90-day finding on a petition to list the process of making a 90-day finding Biological Diversity and four other Siskiyou Mountains salamander under section 4(b)(3)(A) of the Act and groups filed a Complaint for Declaratory (Plethodon stormi) and Scott Bar section 424.14(b) of our regulations is and Injunctive Relief in Federal District salamander (Plethodon asupak) as based on a determination of whether the Court for the District of Oregon (Center threatened or endangered, under the information in the petition meets the for Biological Diversity, et al. v. Norton Endangered Species Act (Act) of 1973, ‘‘substantial scientific or commercial et al., No. 3:05–CV–1311–BR), as amended (16 U.S.C. 1531 et seq.). We information’’ threshold. challenging our failure to issue a 90-day find that the petition and additional Our standard for substantial scientific finding on the petition to list the information in our files do not present or commercial information within the Siskiyou Mountains salamander and substantial scientific or commercial Code of Federal Regulations (CFR) with Scott Bar salamander. On December 28, regard to a 90-day petition finding is information indicating that listing these 2005, we reached an agreement with the ‘‘that amount of information that would species may be warranted. We will not plaintiffs to complete the 90-day finding lead a reasonable person to believe that be initiating a status review in response by April 15, 2006, and if substantial, to the measure proposed in the petition to this petition. We ask the public to complete the 12-month finding by may be warranted’’ (50 CFR 424.14(b)). submit to us any new information that January 15, 2007. If we find that substantial scientific or becomes available concerning the status commercial information was presented, Species Information of, or threats to these species. we are required to promptly commence For the purpose of this finding, the DATES: The finding announced in this a status review of the species. Service is evaluating the Siskiyou document was made on April 17, 2006. On June 18, 2004, we received a Mountains salamander and Scott Bar You may submit new information petition dated June 16, 2004 from the salamander separately. However, we concerning these species for our Center for Biological Diversity, Klamath- recognize that all research on the consideration at any time. Siskiyou Wildlands Center, and Noah ecology of these species was conducted ADDRESSES: The complete file for this Greenwald, to list the Siskiyou prior to Mead et al.’s (2005) recognition finding is available for public Mountains salamander (Plethodon of the Scott Bar salamander as a separate inspection, by appointment, during stormi) as a threatened or endangered species. To date, information specific to normal business hours at the Yreka Fish species on behalf of themselves and five the Scott Bar salamander is limited to its and Wildlife Office, U.S. Fish and other organizations. Since the time of distribution and range. Both species are Wildlife Service, 1829 S. Oregon Street, the petition, Mead et al. (2005) members of the Family Plethodontidae, Yreka, California 96097. Submit new recognized the Scott Bar salamander the lungless salamanders, and as such information, materials, comments, or (Plethodon asupak) as a species separate their survival is dependent upon similar questions concerning these species to us from the Siskiyou Mountains ecological requirements. The geographic at the address above. salamander. In their petition, the ranges of the Siskiyou Mountains FOR FURTHER INFORMATION CONTACT: Phil petitioners requested that the Scott Bar salamander and Scott Bar salamander Detrich, Field Supervisor, Yreka Fish salamander also be considered for are contiguous, occur over a relatively VerDate Aug<31>2005 15:21 Apr 24, 2006 Jkt 208001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\25APP1.SGM 25APP1 cprice-sewell on PROD1PC66 with PROPOSALS Federal Register / Vol. 71, No. 79 / Tuesday, April 25, 2006 / Proposed Rules 23887 small area (approximately 405,000 acres populations of Del Norte salamanders talus outcrops occur. Occupied habitat (164,000 ha)), and have similar along the Klamath River to Siskiyou for the Siskiyou Mountains salamander environmental conditions. Additionally, Mountains salamander populations in can range from small isolated rock information in our files suggests that the Seiad Valley led Bury (1973) to outcrops to entire hillsides (Clayton et habitat associations of these species are propose possible intergradation between al. 2004). Occasionally these generally the same, although a rigorous these two species, and Stebbins (1985, salamanders can be found under other study comparing their habitat 2003) to demote the Siskiyou Mountains types of cover such as bark, limbs, or requirements has not been conducted. salamander to a subspecies of Del Norte logs, but only during wet weather when The most significant difference between salamander. moisture is high and only if there are these species is their range; the range of Mead et al. (2005) described talus outcrops nearby (Nussbaum et al. the Siskiyou Mountains salamander is Plethodon asupak, the Scott Bar 1983; Nussbaum 1974). Nussbaum approximately five times larger than salamander, as a new species based on (1974) characterized optimal habitat for that of the Scott Bar salamander. analysis of molecular (mitochondrial the Siskiyou Mountains salamander as Therefore, for the purpose of this DNA) and morphological data from stabilized talus in old-growth forest finding, the Service applied the current Plethodon populations near the stands on north-facing slopes. However, literature describing the biological confluence of the Klamath and Scott more recently populations of both characteristics and ecology of the Rivers in Siskiyou County, California species have been found in rock Siskiyou Mountains salamander to both (Mahoney 2004; Mead et al. 2002, 2005). outcrops in all forest age classes and on species. Further, we recognized both Molecular analysis shows the Scott Bar all slope aspects (Clayton et al. 2004; entities as separate species consistent salamander to be the ancestral lineage USDI 2005 in litt.), as well as in with the petition under review while from which the Del Norte salamander managed stands (CDFG 2005). Siskiyou acknowledging that taxonomic and Siskiyou Mountains salamander Mountains salamanders have been questions may exists. It is not the were derived (Mahoney 2004; Mead et collected in the spring during the purpose of this finding to resolve such al. 2002, 2005). For the purpose of this daytime at soil temperatures ranging questions. finding, the Service is evaluating the from 38 to 52.3 degrees Fahrenheit (3.5 Scott Bar salamander as a species to 11.3 degrees Celsius) and at depths Description and Taxonomy separate from the Siskiyou Mountains ranging from 0 to 18.0 inches (0 to 45.7 Like others in the genus salamander.
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