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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

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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. We recognize, however, centimeters) (Nussbaum et al. 1983; Plethodontidae, the Siskiyou Mountains that genetic research on these Nussbaum 1974). salamander and Scott Bar salamander salamanders is ongoing, and the final are completely terrestrial, medium- species’ designations may be subject to Range and Distribution sized, slender-bodied salamanders with the outcome of ongoing work. This The Siskiyou Mountains salamander’s short limbs and a dorsal stripe. Both additional work may result in questions range encompasses approximately 337, species are found in or near talus (loose regarding the taxonomic validity of 037 acres (ac) (136,500 hectares (ha)) in surface rock) and fissured rock outcrops these species and we acknowledge the three counties (Jackson, Josephine, and where moisture and humidity are high potential for those questions to be raised Siskiyou) of southwestern Oregon and enough to allow respiration through in the future. However, it is not northern California (Clayton and their skin (Nussbaum et al. 1983). Both appropriate to elucidate these potential Nauman 2005a). More specifically, this species are endemic to the Klamath- questions in this action. species has been detected in the Siskiyou Mountains of southern Oregon The Scott Bar salamander is more Applegate River drainage of southern and northern California. robust and has a wider head and longer Oregon south to the Klamath River The Siskiyou Mountains salamander limbs than either of its two most closely watershed of northern California. In was described in 1965 (Highton and related sister species, the Del Norte California, recent genetic analyses Brame 1965) and is characterized by a salamander and Siskiyou Mountains indicate the species’ range is bounded to modal number of 17 costal grooves salamander (Mead et al. 2005). It has the west by the Indian Creek drainage (vertical creases along the side of the fewer intercostal folds between and to the east by the Horse Creek body) and 4 to 5.5 intercostal folds adpressed limbs (2.5 to 3.5) than either drainage (see DeGross 2004; Mahoney (folds of skin between the costal the Del Norte salamander (5 to 6) or the 2004; Mead et al. 2005; Mead 2006). It grooves) between the toes of adpressed Siskiyou Mountains salamander (4 to 5) is known from sites ranging from 488 limbs (limbs firmly pressed against the and the modal number of costal grooves meters (1,600 feet) (Nussbaum et al. sides of the body) (Nussbaum et al. (17) is one less than in the Del Norte 1983) to approximately 1,800 meters 1983; Leonard et al. 1993). Adults have salamander (18). The Scott Bar (6,000 feet) in elevation (Clayton et al. a light- to purplish-brown dorsum and salamander has a longer body relative to 1999). Approximately 90 percent of the the body is sprinkled with a moderate its tail length and longer forelimbs and Siskiyou Mountains salamander’s range to dense array of white to yellow flecks, hindlimbs than the Siskiyou Mountains occurs on Federal lands managed under concentrated on the sides and limbs and salamander or Del Norte salamander. the Northwest Forest Plan (NWFP) away from the light-brown dorsal stripe. The coloration of the Scott Bar (USDA, USDI 1994). Within the NWFP Juveniles are black and have an olive- salamander is similar to that of the area, 36 percent of the salamander’s tan dorsal stripe that extends onto the Siskiyou Mountains salamander and is range occurs in reserves (Late- tail. described in Mead et al. (2005). Despite Successional Reserves, Administratively Recent genetic analyses recognize the the morphological differences described Withdrawn Areas, and Congressionally Siskiyou Mountains salamander as a in Mead et al. (2005), the two species Reserved Areas) where timber harvest distinct species from the Del Norte are very difficult to distinguish in the and other ground-disturbing activities salamander (Plethodon elongatus) and field. are severely restricted, 10 percent is the Scott Bar salamander (Mead et al. within Matrix lands generally available 2002, 2005; Mahoney 2004; Bury and Habitat for timber harvest, and 44 percent Welsh 2005). Previously, observations of Siskiyou Mountains salamanders and occurs in Adaptive Management Areas clinal variation in color and Scott Bar salamanders are found on (AMA) where habitat management morphometric traits from coastal forested slopes where rocky soils and guidelines are flexible and some timber

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harvest is expected to occur. The The verified localities of the Scott Bar A. Present or Threatened Destruction, remaining 10 percent of the species’ salamander are distributed across Modification, or Curtailment of the range occurs on private lands. several watersheds that encompass the Species’ Habitat or Range To date, approximately 200 Siskiyou majority of the species’ known range. Of The petition claims that logging and Mountains salamander sites have been these localities, 82 percent occur on wildfire pose the primary threats to located (Clayton and Nauman 2005a). Federal lands: 35 percent in reserves Siskiyou Mountains salamander and This number represents an unknown (Late-Successional Reserves) and 47 Scott Bar salamander habitat and proportion of the total population, percent in Matrix lands (USDA, USDI populations by altering habitat because surveys have not been 1994). The remaining 18 percent of the structures that influence the conducted over the species’ entire verified localities occur on private microclimatic conditions required by range. These localities occur primarily lands. Although the sample of known both species. The petition states that on Federal lands and are distributed localities was not collected logging and wildfire cause increases in across several NWFP land use systematically, this distribution suggests surface temperatures and decreases in allocations (Clayton et al. 2004). The that the species may be well distributed relative humidity and soil moisture by USDA, USDI Species Review Panel within its range. removing forest cover. It also states that (2002) reported that approximately 23 Evaluation of the range and potential percent of known sites occur on reserve logging has the additional effect of population size for the Siskiyou compacting and realigning talus lands (Late-Successional Reserves and Mountains salamander and Scott Bar Congressionally Withdrawn Areas) substrates. The petition states that it is salamander is strongly influenced by the likely a substantial, yet unquantified, (USDA, USDI 1994). The remaining sites amount and distribution of potentially occur on Adaptive Management Areas, amount of habitat has already been lost suitable habitat. The USDA, USDI due to logging activities. Matrix, and private lands. Species Review Panel (2001) evaluated The Scott Bar salamander is found According to the petition, the effects results of project surveys conducted in only in Siskiyou County, California, of logging and wildfire on Siskiyou the northern portion of the Siskiyou from just east of Seiad Valley to Scott Mountains and Scott Bar salamanders Mountains salamander’s range, and Bar Mountain (Clayton and Nauman are based on a sequence of estimated that 3 to 14 percent of the 2005b). The species’ range extends relationships: the unique physiology north and south of the Klamath River extent surveyed provides potentially and behavior of these species, their and east and west of the Scott River and suitable habitat. In a similar evaluation, dependence on moist surface conditions encompasses approximately 68,438 ac Timber Products Company estimated in order to forage and reproduce, (27,717 ha). Approximately 82 percent that approximately 18 percent of their reduction of the occurrence of favorable of the Scott Bar salamander’s range surveyed lands within the range of the surface conditions following loss of occurs on Federal lands: 58 percent in Scott Bar salamander was composed of forest cover, and loss of viability of reserves (Late-Successional Reserves) suitable talus habitat (S. Farber pers. salamander populations inhabiting the and 24 percent in Matrix lands (USDA, comm. 2006). The information from resulting unfavorable conditions. Based USDI 1994). The remaining 18 percent both surveys suggests that suitable on these assertions, the petition of the species’ range occurs on private habitat for these species is patchy concludes that the rate and extent of lands. within these species’ ranges. timber harvest and fires will likely Clayton and Nauman (2005b) reported Threats Analysis cause the two species to be threatened that fewer than ten localities are or endangered due to habitat loss in the currently known for the Scott Bar Section 4 of the Act and its foreseeable future. salamander, although other locations are implementing regulations (50 CFR 424) The petition and information in our suspected. Based on our internal review set forth the procedures for adding files describe the physiological and of recent genetic analyses (Mahoney species to the Federal list of endangered behavioral traits of Siskiyou Mountains 2004; Mahoney 2005; Mead et al. 2005; and threatened species. A species may salamanders and Scott Bar salamanders Mead 2006), 17 Scott Bar salamander be determined to be an endangered or that link them to habitats that provide localities have now been verified. threatened species due to one or more moist conditions. Both species are Within the presumed range of the Scott of the five factors described in section lungless salamanders that require Bar salamander, numerous historical 4(a)(1) of the Act: (A) Present or moisture in order to respire through salamander detections have been threatened destruction, modification, or their skin and to avoid dessication assigned to the Siskiyou Mountains curtailment of habitat or range; (B) (Nussbaum et al. 1983). These traits act salamander. Because the two species overutilization for commercial, to limit the time during which the tend not to overlap (Mead 2006), it is recreational, scientific, or educational species can be active at the surface reasonable to conclude that all purposes; (C) disease or predation; (D) where foraging takes place (Nussbaum salamander detections within what is inadequacy of existing regulatory et al. 1983; Feder 1983). In the warm, now known to be the range of the Scott mechanisms; or (E) other natural or dry environment characteristic of the Bar salamander are Scott Bar manmade factors affecting its continued eastern Klamath-Siskiyou Mountains, salamanders. Thus, information in our existence. In making this finding, we surface conditions favorable for activity files suggests that within the range of evaluated whether threats to the by these salamanders is limited to the Scott Bar salamander there are Siskiyou Mountains salamander and relatively brief rainy periods in the roughly twenty known salamander Scott Bar salamander as presented in the spring and fall when soil moisture and localities that are likely occupied by petition and other information available relative humidity are high and Scott Bar salamanders and are to us may pose a concern with respect temperatures moderate (Nussbaum et al. additional to the 17 noted above (USDI to the species’ survival such that listing 1983; Clayton et al. 1999). This in litt. 2006). To date, systematic under the Act may be warranted. Our limitation is reflected in survey surveys have not been conducted evaluation of these threats, based on protocols for Siskiyou Mountains throughout this species’ range; however, information provided in the petition salamander, which require that surveys additional sites may be located in the and available in our files, is presented be restricted to periods of relative future. below. humidity above 65 percent, air

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temperature between 39.2 and 68 and Corn 1988; Corn and Bury 1991; numbers on forested plots by 20 to 24 Fahrenheit (4 to 20 degrees Celsius), soil Raphael 1988; Welsh 1990; Welsh and years after cutting (Ash 1997). temperature between 38.3 and 64.4 Lind 1988, 1991, and 1995) that Studies of more closely related degrees Fahrenheit (3.5 to 18 degrees describe impacts of logging to other plethodontid salamanders in the Pacific Celsius), and moist soil conditions; plethodontid salamanders. It is Northwest (Corn and Bury 1991; outside of these parameters detection important to note that studies Raphael 1988; Welsh 1990; and Welsh rates are low (Clayton et al. 1999). conducted in eastern and mid-western and Lind 1988, 1991, and 1995) found During the remainder of the year, these North America and much of the Pacific the abundance of plethodontid salamanders retreat underground into Northwest (Grialou et al. 2000; Bury and salamanders to be greater in older fissured rock substrates (Nussbaum et Corn 1988; Corn and Bury 1991; versus younger forests, and most of al. 1983). Raphael 1988; Welsh 1990; and Welsh these studies found that difference to be Based on the relationships described and Lind 1988, 1991, and 1995) were significant. However, salamanders were above, the petition claims that habitat conducted in mesic (relatively wet) still present in harvested areas. Raphael conditions that further limit (1988) reported that while Del Norte forest types where environmental aboveground activity will result in salamanders were 2 to 3 times more constraints (moisture, temperature) on reduced abundance and viability of abundant in adjacent old-growth forest, salamander dispersal and survival are Siskiyou Mountains salamander and clear-cut areas still contained the Scott Bar salamander populations. The presumably less than in the dry eastern species. Additional information in our petition cites Ollivier et al. (2001), who Klamath Mountains. In addition, most files (Grialou et al. 2000) also suggests state that shortened periods of surface plethodontid salamander species that western red-backed salamanders conditions appropriate for feeding and studied in other areas of North America (Plethodon vehiculum) occupy recent 2 breeding activities can limit both occupy soil, surface litter, and woody to 4 year-old clear-cut areas, although at survivorship and recruitment of these debris in mesic environments, whereas a significantly lesser abundance than salamanders due to reduced ability to Siskiyou Mountains salamanders and adjacent older forests. H. Welsh and D. achieve body mass and fat needed for Scott Bar salamanders occupy talus Ashton (in litt. 2004) obtained similar reproduction. Based on physiological substrates that provide refuge from results for Del Norte salamanders on the and ecological studies of plethodontid temperature extremes and dry Six Rivers National Forest, where salamanders (Feder 1983), and the conditions in xeric (relatively dry) salamander abundance showed a association of Siskiyou Mountains environments. Therefore, inferences marked decline following clear-cutting, salamander and Scott Bar salamanders drawn from studies of other but remained relatively stable in a (and the closely related Del Norte plethodontid species in mesic lightly harvested stand. However, salamander in the Klamath province) environments may be limited in their studies are not consistent with respect with mature forested habitats applicability to Siskiyou Mountains to abundance on recently clear-cut sites. (Nussbaum et al. 1983; Ollivier et al. salamander or Scott Bar salamander Bury and Corn (1988) reported 2001; Welsh and Lind 1988; 1991; and populations in the dry eastern Klamath plethodontid salamanders to be absent 1995), it is reasonable to conclude that Mountains. in their two clear-cut sites, but their individuals living in drier, more open Studies from the mid-western and results were equivocal because conditions may experience reduced eastern United States (deMaynadier and detection rates of plethodontid fitness. Hunter 1998; Ash 1997; Herbeck and salamanders were very low in all of the The petition cites Chen et al. (1993) Larsen 1999) and western Canada habitats studied. In contrast to the above to support the claim that removing or (Dupuis et al. 1995) indicate that clear- studies, Corn and Bury (1991) found reducing canopy during logging or other cutting can have significant short-term abundance of western red-backed activities can alter stand microclimates, impacts to plethodontid salamander salamanders was not significantly which in turn would result in different between clear-cut areas less abundance, and that second-growth conditions unsuitable for surface than 10 years old and old-growth forest. activity by salamanders. Information in stands that regenerate following clear- To our knowledge, few studies exist our files suggests that microclimatic cutting typically do not support the in the peer-reviewed literature variables such as soil moisture, fuel same level of abundance as do older comparing the demographics of moisture, relative humidity, and air forests. Dupuis et al. (1995), Ash (1997), plethodontid salamander populations in temperature are sensitive to changes in and Herbeck and Larsen (1999) reported clear-cut areas and adjacent forest. canopy, with open-canopied and that plethodontid salamanders were Grialou et al. (2000) studied the unforested sites exhibiting drier frequently absent from 2 to 5-year-old abundance and demographics of conditions, reduced humidity, and clear-cut forests. All of the studies that salamanders, including two warmer air and soil temperatures (Chen examined relative abundance of plethodontid species, in mesic forests in et al. 1995; Chen et al. 1999). plethodontid salamanders in different southwestern Washington. In the year The petition states that rigorous pre- forest age classes (deMaynadier and following clear-cut harvesting, body and post-logging studies have not been Hunter 1998; Herbeck and Larsen 1999; sizes of western red-backed salamanders conducted on Siskiyou Mountains Dupuis et al. 1995) found that second- were smaller (subadults and juveniles), salamanders or Scott Bar salamanders. growth stands supported salamanders, but attained normal size distribution by Information in our files also indicates albeit at significantly lesser abundance the second-year post harvest. Gravid that this type of study has not been than older forests. However, the impact females were captured on clear-cut plots conducted on the similar Del Norte of clear-cutting on salamanders may be before and after harvest. Knapp et al. salamander in the drier portions of its temporary, as one study (Ash 1997) (2003) used a randomized, replicated range. However, the petition cites showed that salamanders returned to design to quantify plethodontid several studies from across North clear-cut area 4 to 6 years after cutting, salamander populations on harvested America (Dupuis et al. 1995; and their numbers increased rapidly. timberlands of the Appalachian deMaynadier and Hunter 1998; Ash Results from linear regressions Mountains in Virginia and West 1997; Herbeck and Larsen 1999) and estimated that salamander numbers on Virginia. While salamander abundance specific to the Pacific Northwest (Bury clear-cut plots would equal or exceed was less on clear-cut areas versus

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control areas, there were no differences individuals and low levels of populations. This in turn may lead to between cut and uncut treatments in the reproduction. Without further research, reduced gene flow and reduced long- proportion of gravid females or in the the effects of forest canopy removal on term persistence of small, isolated average number of eggs in gravid the abundance and demographics of populations (Marsh et al. 2005). The females. Moreover, there were no Siskiyou Mountains salamander and extent to which this factor may be differences between cut and uncut Scott Bar salamander populations influencing populations of Siskiyou treatments in the proportion of the following logging will remain poorly Mountains salamanders and Scott Bar sample that was juvenile, except in one understood. Two studies examining this salamanders is currently unknown. plethodontid species, which had a question are currently in progress: One Although the amount of habitat higher proportion of juveniles in uncut involving the Service, the Redwood impacted by logging could not be treatments. Sciences Laboratory, and Humboldt quantified, the petition contends that Because most of the aforementioned State University, and one being substantial habitat loss has likely studies have been conducted on other conducted by Timber Products occurred. To support this claim, the plethodontid species in mesic Company. petition cites the USDA, USDI Species environments, the Service believes that The petition also states that gaps Review Panel (2001), which stated that our evaluation should focus primarily created in the species’ range by logging ‘‘cumulative effects from past timber on information collected from Siskiyou could compromise the species’ viability. harvest have impacted populations on Mountains salamander and Scott Bar The petition claims that the biology of Federal lands’’ and ‘‘from 1980 to 1990, salamander populations. The petition the species, narrow habitat niche, 10 percent of habitat on the Applegate claims that a study of habitat naturally fragmented habitat, and Ranger District was clearcut.’’ However, associations of Siskiyou Mountains patchy distribution limit the species’ the rate and extent of timber harvest has salamander by Ollivier et al. (2001) ability to recover from disturbances. The declined dramatically on Federal lands demonstrates that the species is petition cites Blaustein et al. (1995) to within the Northwest Forest Plan area threatened by logging. Ollivier et al. support their claim that when local during the past 30 years (USDA, USDI (2001) conducted presence/absence populations of Siskiyou Mountains 2005), particularly on the Klamath surveys for salamanders at 239 random salamander are extirpated, there is little National Forest, which comprises locations within the range of Siskiyou chance that the habitat will be roughly 50 percent of the Siskiyou Mountains salamander (some samples recolonized. The biology of the Siskiyou Mountain salamander’s range and 80 were within the range of the Scott Bar Mountains salamander and the Scott Bar percent of the Scott Bar salamander’s salamander), and concluded that the salamander may limit their ability to range. (USDA 2006). During the six-year species was strongly associated with recolonize vacant sites; however, period from 2000 to 2005, the Klamath characteristics of mature forests such as neither the petition, nor our files, National Forest sold and removed an closed canopies, large tree diameters, provide information supporting the average of 15.9 million board feet of and a mossy ground cover layer. Based premise that logging creates gaps in timber annually; compared with 187.8 on this conclusion, the petition infers plethodontid salamander distribution by million board feet/year during 1985 to that removal of forest cover would result extirpating species from a site. 1990 (inclusive), and 238.2 million in habitat conditions unsuitable for the The petition also states that other board feet/year from 1979 to 1984 salamanders. While the study design actions, including tractor yarding, road (USDA 2006). The declining trend in employed by Ollivier et al. (2001) did construction, mining, and recreational timber harvest reduces the likelihood not compare salamander abundance pre- development, have resulted in, and will that a high proportion of the and post-harvest, their sample continue to result in, degradation, loss, salamanders’ populations will be contained 42 precanopy plots (0-to-30- or fragmentation of Siskiyou Mountains impacted by logging. year-old clearcuts). Subsequent to the salamander habitat. The petition cites Additional information in our files study by Ollivier et al. (2001), State and Welsh and Ollivier (1995) as suggesting suggests that extensive logging has private biologists conducted numerous that tractor yarding may impact occurred and is likely to continue on surveys and detected Siskiyou Siskiyou Mountains salamander habitat private lands, which comprise 10 Mountains salamanders and Scott Bar by compacting, breaking, or realigning percent and 18 percent of the ranges of salamanders in previously logged sites talus. Although it is reasonable to Siskiyou Mountains salamander and (Farber et al. 2001; CDFG 2005). These conclude that tractor yarding may Scott Bar salamander, respectively. For surveys followed no sampling design disturb talus substrates, field studies example, Timber Products Company has and cannot be used to infer a lack of have not demonstrated how this impacts informed the Service of its intent to impacts caused by logging; however, salamander populations. The petition clear-cut harvest at several occupied they do demonstrate that salamander also cites deMaynadier and Hunter Scott Bar salamander sites in 2006 as populations persist at sites that have (2000) as indicating that plethodontid part of a study of the species’ response been logged. salamanders are sensitive to population to timber harvest (S. Farber, pers. comm. After reviewing data collected by fragmentation by logging roads. Results 2006; S. Farber, in litt. 2006). While the Ollivier et al. (2001) and sampling of that study suggest that logging roads Service agrees that timber harvesting results obtained by the California may significantly inhibit movement and has the potential to reduce habitat Department of Fish and Game (CDFG), local abundance of plethodontid quality for the Siskiyou Mountains H. Welsh and D. Ashton (in litt. 2004) salamanders. Additional information in salamander and Scott Bar salamander, concluded that the viability of Siskiyou our files (Marsh et al. 2005) suggests Forest Service reports (USDA, USDI Mountains salamander populations is that forest roads act as partial barriers to 2005; USDA 2006) suggest that the rate compromised following clear-cutting. salamander movement. Road densities and magnitude of harvest on the They based this conclusion on the high within much of the ranges of the majority of the species’ ranges is not proportion (64 percent) of juvenile and Siskiyou Mountains salamander and sufficient to cause them to be threatened subadult animals in the sample obtained Scott Bar salamander are documented to or endangered in the foreseeable future. by CDFG in non-forested habitats, and be high (USDA 1999); and may act to The petition claims that fire speculated that this was an indication of reduce dispersal and increase the degree suppression has led to an increase in a ’sink’ population of dispersing of isolation among salamander fuel loading, resulting in a change from

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low-to high-intensity fire regimes in that both Siskiyou Mountains nine percent of the species’ range occurs many forest stands within the ranges of salamanders and Scott Bar salamanders within protected land designations the Siskiyou Mountains salamander and occur to some extent in clear-cuts, under the Northwest Forest Plan Scott Bar salamander, and that the risk second-growth stands, burned areas, (NWFP) (USDA, USDI Species Review of stand-replacing fire has increased due and naturally open habitats, and the Panel 2001). Additionally, the petition to forest management practices which demography of populations subjected to cites Clayton et al. (2002 as cited in remove the largest, most fire resistant timber harvest or fire is poorly known. USDA, USDI 2004) to demonstrate that trees and create young, highly This evidence suggests that while less than 10 percent of suspected high- combustible plantations. The petition timber harvest and wildfire may reduce quality habitat occurs in reserves. The claims that although the response of habitat quality for Siskiyou Mountains petition thus concludes that the these salamanders to fire has not been salamanders and Scott Bar salamanders, majority of the species’ ranges and high- well studied, fire has the potential to they do not result in the extirpation of quality habitat occurs on Federal lands impact populations by removing or populations. Moreover, the rate and available for timber harvest and other reducing forest canopy cover. Published extent of timber harvest has declined activities. The petition cites the USDA, studies (Taylor and Skinner 1998; Agee dramatically on Federal lands within USDI Species Review Panel (2001) to 1993) and Forest Service reports (USDA the Northwest Forest Plan area, suggest that specific protections on non- 1999) clearly document that increased particularly the salamanders’ ranges on reserve land allocations will likely be fuel loading and forest stand density the Klamath National Forest, during the required to ensure persistence of the have increased the potential for high- past 30 years (USDA, USDI 2005; USDA species. intensity wildfire events within the 2006). Based on current Forest Service The petition claims that the Siskiyou range of the Siskiyou Mountains policies, we anticipate that the rate of Mountains salamander formerly salamander and Scott Bar salamander. timber harvest will remain at roughly received substantial protection on These high-intensity fires were much present levels in the foreseeable future. Federal lands from the Survey and less frequent in the historical fire regime Although it is reasonable to assume that Manage Program (USDA, USDI 1994). with which these salamanders evolved. high-intensity wildfire may have a The petition claims that this program High-intensity wildfire events, by negative impact on salamander habitat was abolished with the Record of definition, remove or significantly and populations, we currently have no Decision entitled ‘‘To Remove or Modify reduce forest cover; consume moss, information and the petition provided the Survey and Manage Mitigation duff, and forest litter; and may sterilize no information to support a Measures Standards and Guidelines in surface soil layers. The impacts of such determination that fire is a substantial Forest Service and Bureau of Land events on salamander habitat and risk. We therefore find that the petition Management Planning Documents populations are likely more severe than and other information in our files do not Within the Range of the Northern those of clear-cutting, but have not been present substantial information that the Spotted Owl’’ in March 2004 (March directly evaluated. Recent large fires continued existence of these species are 2004 ROD). The Final Supplemental within the Klamath Province, combined threatened by the present or threatened Environmental Impact Statement for the with fire behavior modeling conducted destruction, modification, or March 2004 ROD addressed potential by the Forest Service, suggest a high curtailment of the species’ habitat or mitigation, including sensitive species probability of moderate- to high- range in the foreseeable future. programs, for species affected by the removal of the Survey and Manage intensity wildfires within the range of B. Overutilization for Commercial, Program. However, the petition claims the Siskiyou Mountains salamander and Recreational, Scientific, or Educational that the sensitive species programs Scott Bar salamander. However, fire Purposes provide substantially less protection by modeling also suggests that the level of failing to require surveys and making tree mortality would be highly variable The petition and our files did not mitigation optional. The petition cites a within the range of these species (USDA provide any information pertaining to USDA, USDI (2004) statement that the 1999), resulting in a mosaic pattern of Factor B. Information in our files elimination of the Survey and Manage habitat effects. Additionally, the extent indicates that tissue samples have been, Program may result in gaps in the to which high-intensity fire effects and will likely continue to be, collected Siskiyou Mountains salamander’s range. would occur within habitats occupied from individual salamanders in the field. However, methods used to collect According to the petition, in the by these salamanders is currently absence of the Survey and Manage unknown. genetic material for analysis are not expected to cause harm to the Program, management of the Siskiyou To summarize Factor A, logging, salamanders. Mountains salamander would be wildfire and other habitat disturbances governed under/by the standards and may impact local abundance and C. Disease or Predation guidelines of the NWFP. According to viability of Siskiyou Mountains Neither the petition nor information the petition, 78 percent of the known salamanders and Scott Bar salamanders in our files present any information sites north of the Siskiyou Crest occur by altering the microclimate within pertaining to Factor C. in the Applegate AMA. Under the stands that support these species, NWFP, AMAs were created to fragmenting habitat, or otherwise D. Inadequacy of Existing Regulatory ‘‘encourage the development and testing reducing habitat quality. Although Mechanisms of technical and social approaches to extensive logging has occurred in Federal lands: The petition cites the achieving desired ecological, economic, Siskiyou Mountains salamander and USDA, USDI Species Review Panel and other social objectives,’’ with each Scott Bar salamander habitat for over (2001) to demonstrate that AMA having a management plan one hundred years, the extent of habitat approximately 80 percent of the (USDA, USDI 1994). Because an agency loss has not been quantified. Increased Siskiyou Mountains salamanders’ range plan for the Applegate AMA has not potential for stand-replacing wildfire occurs on Federal lands managed by the been produced, and standards and also places more of the species’ habitat Rogue-Siskiyou and Klamath National guidelines for activities in AMAs are at risk. Information in our files (e.g., Forests and the Medford District of the more flexible than in other land-use Farber et al. 2001; CDFG 2005) indicates Bureau of Land Management. Thirty- allocations, the petition claims that

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existing guidelines for the Siskiyou as a threatened species and receives Current California regulations provide Mountains salamander in the Applegate substantial protection pursuant to the substantial protection for the Siskiyou AMA would result in limited protection California Endangered Species Act Mountains salamander on private lands. for the species. However, the petitioners (CESA). These protections include pre- Existing California regulations provide provided no documentation to suggest project surveys and prohibitions on no special management protections for that Federal actions in the AMA are timber harvest in established buffers the Scott Bar salamander on private having an effect on the salamanders. around suitable habitat. In 2005, CDFG lands. Likewise, Oregon provides no The status of the Survey and Manage submitted a petition to the California regulatory protections for Siskiyou program is in flux. In January 2006, the Fish and Game Commission to delist the Mountains salamanders on private United States District Court, Western Siskiyou Mountains salamander. lands. However, private lands comprise District of Washington in Northwest Because of CDFG’s delisting proposal, only 18 percent of the Scott Bar Ecosystem Alliance, et al., v. Mark E. the petitioners claim that the salamanders’ range and only 10 percent Rey, et al., Case 2:04–CV–00844–MJP, protections provided by CESA should of the Siskiyou Mountains salamanders’ ordered the March 2004 ROD set aside not be considered to provide firm range in Oregon. Thus, substantial for failure to comply with the National regulatory protection for the species. protections are provided to both species Environmental Policy Act. With this, The final determination on whether to across the majority of their ranges. the court reinstated the 2001 Survey and delist the Siskiyou Mountains Although the Forest Service and Bureau Manage ROD as it stood on March 2004. salamander is expected to be made at of Land Management have indicated The Survey and Manage Program is the Fish and Game Commission’s they plan to develop a supplement to therefore the current regulatory January 31, 2007 meeting. If existing their March 2004 ROD addressing mechanism in place for the United State regulations are modified in the deficiencies in that document identified States Forest Service and Bureau of future, the adequacy of these regulations by the court, and the State of California Land Management lands that the to protect the Siskiyou Mountains is currently evaluating a petition to Siskiyou Mountains salamander salamander should be evaluated at that delist the Siskiyou Mountains occupies. Under these provisions, all time. Unless and until the Siskiyou salamander, no decisions regarding currently known and future sites south Mountains salamander is delisted as a these actions have yet been reached that of the Siskiyou Crest will be managed to threatened species, it remains protected would effect existing regulatory maintain species persistence and pursuant to the CESA. mechanisms. Thus, the Service surveys will be conducted prior to In July 2005, the Scott Bar salamander considers the current Federal and State habitat-disturbing activities. North of appeared on the CDFG’s Special regulations adequate for both the Siskiyou Crest, high-priority sites Animals List (CDFG 2006). The CDFG salamander species. If these regulations will be identified and managed to describes the Scott Bar salamander as a are modified in the future, the adequacy provide a reasonable assurance of ‘‘newly discovered species from what of these regulations to protect the species persistence. was part of the range of Plethodon Siskiyou Mountains salamander and the The Scott Bar salamander is not Scott Bar salamander should be specifically addressed by name in the stormi.’’ Currently, the Scott Bar salamander does not have any special evaluated at that time. Survey and Manage ROD protections. Because Federal and State of management status (rare, threatened, or However, the Klamath National Forest California regulations are currently in endangered species; fully protected has formally stated that Survey and effect and offer protection for the species; or species of special concern) in Manage protections for Siskiyou Siskiyou Mountains salamander and California, and thus receives no special Mountains salamander also extend to Scott Bar salamander over the majority the Scott Bar salamander, since they management considerations or of the species’ ranges, the petition and cannot be easily distinguished in the additional protections on approximately other information in our files does not field (M. Boland, in litt. 2006). Thus, 18 percent of its range. present substantial information that protections for the Scott Bar salamander Adequate regulatory mechanisms are these species are threatened at this time on Federal lands are in place. lacking on approximately 10 percent of by the inadequacy of existing regulatory According to the court’s order, the the Siskiyou Mountains salamander’s mechanisms across all or a significant defendants indicated that they plan to range and 18 percent of the Scott Bar portion of their ranges. propose a supplement to the 2004 Final salamander’s range. However, research Supplemental Environmental Impact suggests that populations of E. Other Natural or Manmade Factors Statement to address the deficiencies plethodontid salamanders persist Affecting the Species’ Continued identified by the court, followed by a following timber harvest. Therefore, the Existence new ROD on or before March 30, 2007. Service believes that the lack of The petition states that ‘‘an increasing It is unknown what protections will be regulatory protections on a limited consensus has developed that we are provided the Siskiyou Mountains proportion of the species’ ranges does and will continue to experience global salamander in future decisions. If not likely pose a threat to the species in warming.’’ The petition cites Feder existing Federal regulations are the foreseeable future. (1983) and Ollivier et al. (2001) to modified in the future, the adequacy of To summarize Factor D, existing propose that the unique physiology and these regulations to protect the Siskiyou Federal regulations currently provide requirement of moist conditions for Mountains salamander and Scott Bar substantial protection for the Siskiyou foraging and breeding activity make the salamander should be evaluated at that Mountains salamander and Scott Bar Siskiyou Mountains salamander and time. salamander through the Survey and Scott Bar salamander particularly State Regulations: Manage program. Thus, the fact that sensitive to variations in climate. Thus, The State of Oregon provides no significant portions of the Siskiyou the petition suggests that the expected regulatory protections for the Siskiyou Mountains salamander and Scott Bar change in climate over time is likely to Mountains salamander on private lands salamander ranges include Federal influence the species distribution and (approximately 10 percent of the lands available for timber harvest ability to find suitable habitat. The species’ range). In California, the (Matrix and AMA) does not in itself petition also claims that warmer Siskiyou Mountains salamander is listed constitute a threat to the species. temperatures may shorten the window

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in which the species is able to forage supporting the Scott Bar salamander has Information in our files also indicates and reproduce. According to the yet to be surveyed. Thus, the Service that portions of the species’ range are at petition, warmer temperatures may also believes that the Scott Bar salamander high risk of fire (USDA 1999), and negatively affect habitat by increasing may be less susceptible to stochastic clearcut harvesting is scheduled to the severity and intensity of forest fires, events than the petition claims. occur at known sites. However, resulting in loss of forest canopy. While Therefore, we find that the petition does plethodontid salamander populations providing information on climate not contain substantial information have been shown to persist where change the petition did not provide suggesting that other natural or logging occurs and the Survey and information beyond speculation manmade factors may be a factor that Manage protections currently afforded regarding the effects of microhabitat threatens either species. this species on the majority (82 percent) changes that may be brought about by Finding of its range act to minimize the risk of regional climate change. habitat loss due to timber harvest. The petition also cites USDA, USDI We evaluated each of the five listing Additionally, fire effects analysis within (2004) to demonstrate that, due to factors individually, and because the the range of the Scott Bar salamander limited habitat and the known existence threats to the Siskiyou Mountains indicate that if a wildfire were to occur, of only three localities, the Scott Bar salamander and Scott Bar salamander the area would have mixed levels of salamander is at risk of extinction due are not mutually exclusive, we also stand mortality, resulting in a mosaic to genetic or demographic stochasticity, evaluated the collective effect of these pattern of habitat effects (USDA 1999). regardless of management direction. threats. The petition focused primarily Therefore, the Service finds that the However, information in our files on two listing factors: the Present or synergistic effects of fire and logging do suggests that the number of known Threatened Destruction, Modification, not threaten the continued existence of localities and existing habitat within the or Curtailment of the Species’ Habitat or the Scott Bar salamander in the range of the Scott Bar salamander is Range and the Inadequacy of Existing foreseeable future. considerably larger than that considered Regulatory Mechanisms. More in USDA, USDI (2004). The existence of specifically, the petition and We have reviewed the petition and 37 currently known sites decreases the information in our files suggest that other information available in our files. potential for extinction caused by logging and fire pose the most likely Based on this review, we find that the stochastic events, although the species’ threats to Siskiyou Mountains petition and information in our files do range is still considered small and salamander and Scott Bar salamander not present substantial information restricted. Stochastic events pose less of habitat and populations, because the suggesting that listing the Siskiyou a threat to the Siskiyou Mountains majority of the species’ ranges occur on Mountains salamander or Scott Bar salamander due to the greater number of lands available for timber harvest or salamander as threatened or endangered known localities and relatively larger lands susceptible to stand-replacing may be warranted at this time. range. wildfires. Synergistically, timber harvest References Cited To summarize factor E, because and fire have the potential to impact foraging and breeding activities are extensive amounts of habitat and a large A complete list of all references cited dependent upon cool, moist conditions, number of discrete populations. The herein is available, upon request, from these salamanders may be susceptible to Siskiyou Mountains salamander’s the Yreka Fish and Wildlife Office (see alterations in microclimate resulting numerous distinct localities and ADDRESSES section). from projected climate change. occurrence both north and south of the Author However, neither the petition nor other Siskiyou Crest likely increase the information in our files provides resilience of this species to logging and The primary authors of this notice are anything more than speculation on the wildfire. Additionally, current Federal staff of Yreka Fish and Wildlife Office, type, magnitude, or temporal effects of and State of California regulations U.S. Fish and Wildlife Service, 1829 S. microhabitat changes that may be provide substantial protection for the Oregon Street, Yreka, California 96097. brought about by regional climate Siskiyou Mountains salamander on both change. Finally, the petitioners assert Federal and private lands. Therefore, Authority that the Scott Bar salamander is at risk the Service believes that the Siskiyou The authority for this action is the because its small, restricted range makes Mountains salamander’s numerous Endangered Species Act of 1973, as this species vulnerable to extinction as localities and existing Federal and State amended (16 U.S.C. 1531 et seq.). a result of stochastic events. Although of California regulations ameliorate, to the range of the Scott Bar salamander is some degree, the potential synergistic Dated: April 17, 2006. considered restricted, the number of effects to this species. Kenneth Stansell, currently known populations is Synergistic effects are of greater Acting Director, U.S. Fish and Wildlife considerably greater than stated in the concern for the Scott Bar salamander. Service. petition. Additionally, a considerable This species has a restricted range and [FR Doc. E6–5977 Filed 4–24–06; 8:45 am] amount of suitable habitat capable of substantially fewer known localities. BILLING CODE 4310–55–P

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