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Authority: The authority for this action is (TDD) may call the Federal Information Amargosa toad as endangered. At the the Endangered Species Act of 1973, as Relay Service (FIRS) at 800–877–8339. time we received the petition, the amended (16 U.S.C. 1531 et seq.). SUPPLEMENTARY INFORMATION: Amargosa toad was a category 1 candidate species. On March 23, 1995, Dated:July 9, 2010 Background we announced our 90–day finding that Wendi Weber, Section 4(b)(3)(B) of the Endangered the petitioned action may be warranted Acting Director, U.S. Fish and Wildlife Species Act of 1973, as amended (Act) and initiated a status review of the Service. (16 U.S.C. 1531 et seq.) requires that, for species (60 FR 15280). On July 26, 1995, any petition to revise the Federal Lists the Service recommended removal of [FR Doc. 2010–17650 Filed 7–19– 10; 8:45 am] of Endangered and Threatened Species the Amargosa toad from category 1 BILLING CODE S that contains substantial scientific or candidate status based on information commercial information that listing the we obtained during the status review. species may be warranted, we make a On February 28, 1996 (61 FR 7596), we DEPARTMENT OF THE INTERIOR finding within 12 months of the date of removed the Amargosa toad from receipt of the petition. In this finding, Fish and Wildlife Service candidate status. On March 1, 1996, we we will determine that the petitioned announced our 12–month finding that action is: (1) Not warranted, (2) 50 CFR Part 17 listing the Amargosa toad as endangered warranted, or (3) warranted, but the or threatened was not warranted (61 FR [FWS–R8–ES–2009–0047] immediate proposal of a regulation 8018). [92210–1111–0000 B2] implementing the petitioned action is On February 27, 2008, we received a precluded by other pending proposals to petition from the Center for Biological Endangered and Threatened Wildlife determine whether species are Diversity (CBD) and Public Employees and Plants; 12-Month Finding on a threatened or endangered, and for Environmental Responsibility Petition to List the Amargosa Toad as expeditious progress is being made to (PEER), hereinafter referred to as Threatened or Endangered add or remove qualified species from ‘‘petitioners,’’ requesting that the AGENCY: Fish and Wildlife Service, the Federal Lists of Endangered and Amargosa toad be listed as endangered Interior. Threatened Species. Section 4(b)(3)(C) or threatened and that critical habitat be of the Act requires that we treat a designated under the Act. The petition ACTION: Notice of 12–month petition petition for which the requested action clearly identified itself as such and finding. is found to be warranted but precluded included the requisite identification SUMMARY: We, the U.S. Fish and as though resubmitted on the date of information for the petitioners, as Wildlife Service (Service), announce a such finding, that is, requiring a required in 50 CFR 424.14(a). In a letter 12–month finding on a petition to list subsequent finding to be made within to the petitioners dated May 1, 2008, we the Amargosa toad (Anaxyrus nelsoni) 12 months. We must publish these 12– responded that we had reviewed the as threatened or endangered and to month findings in the Federal Register. petition and found that an emergency listing was not warranted and we designate critical habitat under the Previous Federal Actions Endangered Species Act of 1973, as anticipated making an initial finding on amended. After review of all available On August 2, 1977, the Service the petition during Fiscal Year 2008. On scientific and commercial information, included the Amargosa toad on a list of March 11, 2009, we received a 60–day we find that listing the Amargosa toad amphibians that we were reviewing to notice of intent to sue from CBD alleging is not warranted at this time. However, determine whether those species should violations of the Act because we did not we ask the public to submit to us any be proposed for listing as endangered or publish our 12–month finding within 12 new information that becomes available threatened (42 FR 39121). Subsequently, months of receiving the petition. On concerning the threats to the Amargosa we assigned the Amargosa toad as a September 10, 2009, we published a 90– category 1 candidate species under the toad or its habitat at any time. day finding stating the petition Act in 1982 (47 FR 58454, December 30, contained substantial information to DATES: The finding announced in this 1982) and 1994 (59 FR 58982, November indicate the petitioned action may be document was made on July 20, 2010. 15, 1994); and designated it as a warranted, and we announced the ADDRESSES: This finding is available on category 2 candidate in 1985 (50 FR initiation of a status review of the the Internet at http:// 37958, September 18, 1985); 1989 (54 species (74 FR 46551). www.regulations.gov at Docket Number FR 554, January 6, 1989); and 1991 (56 On April 26, 2010, CBD amended its FWS–R8–ES–2009–0047. Supporting FR 58804, November 21, 1991). A Complaint in Center for Biological documentation we used in preparing category 1 species was a taxon for which Diversity v. Salazar, U.S. Fish and this finding is available for public the Service has substantial information Wildlife Service, Case No.: 1:10–cv– inspection, by appointment, during on hand to support the biological 230–PLF (D.D.C.), adding an allegation normal business hours at the U.S. Fish appropriateness of proposing to list as that the Service failed to issue its 12– and Wildlife Service, Nevada Fish and endangered or threatened under the Act. month petition finding on the Amargosa Wildlife Office, 4701 N. Torrey Pines A category 2 species was a taxon for toad within the mandatory statutory Dr., Las Vegas, NV. Please submit any which the Service has information timeframe. This notice constitutes the new information, materials, comments, indicating that proposing to list the 12–month finding on the February 27, or questions concerning this finding to species as endangered or threatened is 2008, petition to list the Amargosa toad the above address. possibly appropriate, but that as threatened or endangered with FOR FURTHER INFORMATION CONTACT: information is not conclusive data on critical habitat. Robert D. Williams, State Supervisor, biological vulnerability or threats that Nevada Fish and Wildlife Office; by would support a proposed listing. Species Information mail (see ADDRESSES); by telephone at On September 21, 1994, the Service In addition to the information 775–861–6300; or by facsimile at 775– received a petition from the Biodiversity provided below, refer to the 90–day 861–6301mailto:. Persons who use a Legal Foundation of Boulder, Colorado, finding (74 FR 46551) for additional telecommunications device for the deaf requesting emergency listing of the information on the Amargosa toad.

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Taxonomy and Species Description Current and Historic Ranges not present (NDOW 2000, p. A–2). Amargosa toads are endemic to the Toads can be abundant in irrigated and The Amargosa toad is a member of the disturbed areas. family Bufonidae, which includes North Amargosa River drainage in southwestern Nevada (Goebel et al. The breeding season for the Amargosa American true toads. Stejneger (1893, 2009, p. 210). Available historic toad begins in mid-February and may cited in Lannoo 2005, p. 427) described accounts (Maciolek 1983a, p. 11) do not extend into July, during which time the Amargosa toad as Bufo boreas provide any specific indication of wider adults congregate at breeding sites. A nelsoni, a subspecies of the western toad distribution. Toads that occur in female toad may produce over 6,000 (Bufo boreas). Savage (1959, pp. 251– downstream reaches of the Amargosa eggs in a single reproduction event 254) was the first to refer to the River corridor (e.g., Ash Meadows area) (Altig 1987, p. 277; Heinrich 1995, p. 2). Amargosa toad as Bufo nelsoni in anecdotally exhibit some taxonomic Amargosa toad tadpoles require accordance with the rules of the similarities; however, they have not relatively open water that persists long International Code of Zoological been identified as Amargosa toads. The enough for the completion of Nomenclature. Feder (1997, cited in area occupied by the Amargosa toad is metamorphosis and development into Lannoo 2005, p. 428) diagnosed Bufo isolated, with no known or probable toadlets, which occur over nelsoni by allozymic data and connections to members of the western approximately 30 days. Predation and concluded that the Amargosa toad toad complex (NDOW 2000, p. A–1). early desiccation of wetlands needed for warrants species status. Mitochondrial The nearest known record for a western breeding may destroy an entire breeding DNA analyses by Goebel (1996, cited in toad is approximately 35 linear miles effort. Although Amargosa toads Lannoo 2005, p. 429) are consistent with (mi) (56 kilometers (km)) away at typically live 4 to 5 years, individual species status for the Amargosa toad. In Furnace Creek in Death Valley National toads are known to live up to 17 years 2002, Bufo nelsoni was listed as a full Park, California, where an introduced based on data from NDOW’s population species in the Integrated Taxonomic population of western toad occurs. The monitoring program (Hobbs 2010, p. 1.). Information System database compiled historical and current range of the Population Status and Trends by the Smithsonian Institution, with the Amargosa toad occurs within Oasis highest credibility rating by their Valley, along an approximately 10-mi In 1998, NDOW initiated a long-term Taxonomic Working Group (Lannoo (16–km) stretch of the Amargosa River population monitoring program for the 2005, p. 427). Frost et al. (2006) moved and nearby spring systems, roughly Amargosa toad using mark-recapture North American toads from Bufo to between the towns of Springdale and methods at 11 sites of the 18 known Anaxyrus (Tschudi 1845, cited in Frost Beatty. Oasis Valley occurs along U.S. sites occupied by toads. The 11 sites are et al. 2006, p. 363), which was accepted Highway 95 between Bullfrog Hills and grouped into 4 spatial areas described in 2008 by the Committee on Standard the Nevada Test Site. below (see distribution map available at In 2007, the Amargosa Toad Working http://www.fws.gov/nevada/nv_species/ and Scientific Names (Committee; _ Crother 2008, pp. 2–4). The Committee, Group (ATWG) prepared a map of all amargosa toad.html). The monitoring sanctioned by the Society for the Study known and potential habitat for the program was identified in the Amargosa of Amphibians and Reptiles, the species, including potential movement Toad Conservation Agreement and American Society of Ichthyologists and corridors, and posted the map on the Strategy (CAS) as an conservation action Herpetologists, and The Herpetologists’ Internet at: http://www.fws.gov/nevada/ (NDOW 2000, p. A–11) and involves League, is tasked to develop standard nv_species/amargosa_toad.html. The capture and marking (with implanted English names and publish a list of the total amount of known and potential tags) of all juvenile to adult age-class current scientific names of North Amargosa toad habitat delineated by the Amargosa toads found that are 2 in. (50 mm) or greater in length. The NDOW American herpetofauna. This is ATWG is approximately 8,440 acres (ac) maintains a database on Amargosa toad considered the official list for those (3,416 hectares (ha)). population monitoring data as societies. Life History and Ecology prescribed in the CAS (NDOW 2000, pp. Adult male Amargosa toads typically Amargosa toad habitat requirements A–12 and 13). As of November 2009, a have a snout-vent length of 1.6 to 2.7 for breeding and population recruitment total of 6,739 Amargosa toads had been inches (in.) (42 to 68 millimeters (mm)); include the presence of open, ponded, captured and tagged. In 2009, captures for females it is typically 1.8 to 3.5 in. or flowing water, with riparian increased 77 percent over 2008, with a (46 to 89 mm) (Nevada Department of vegetative cover in an early-to- total of 768 toads captured and tagged, Wildlife (NDOW) 2000, p. A–2). The intermediate successional stage to form 519 of which were captured for the first dorsal body of the Amargosa toad has a partial canopy for shade with minimal time. The 2009 population estimate for three paired rows of wart-like skin emergent vegetation at the water’s monitored sites is 1,623, which is 13.6 projections called tubercles. Their backs edges. Immature (metamorphs or percent less than the average of 1,826 have black speckling or asymmetrical toadlets) and adult Amargosa toads are for the period 1998 through 2008 (Hobbs spots. Background coloration ranges dependent upon the areas described 2009, p. 1). Unsuitable weather from almost black to brownish or pale above, as well as areas they can use for conditions during the 2007 and 2008 yellow-brown or olive, and may vary shelter, including burrows, debris piles, surveys may have resulted in lower than considerably among individual toads in spaces under logs or rocks, and areas of average toad activity (Figure 1; Hobbs the same population. A light mid-dorsal dense vegetation (NDOW 2000, p. A–2). 2009, p. 2). Habitat improvements and stripe occurs along the backbone. The Adult toads also require adjacent disturbance of aquatic systems at large, wart-like parotid glands located vegetated uplands for nocturnal monitored sites have resulted in behind the eye are tawny to olive. foraging. Dense vegetation and increases in toad captures and Underneath, the Amargosa toad is advanced successional stages of riparian reproduction (Hobbs 2009, pp. 2–4; whitish or pale olive, with scattered vegetation appear to limit habitat Saving Toads thru Off-Road Racing, black spots that merge above the legs to suitability and occupancy by all life Ranching, and Mining in Oasis Valley form the appearance of ‘‘pants.’’ stages, particularly where open water is (STORM–OV) 2009b, p. 1).

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Simandle (2006, p. 42) determined garden area and 200-square foot (ft2) Trespass Seep is a low-flow spring that Amargosa toads meet the criteria (18.6-square meter (m2)) pond; a spring site without any substantial ponded area and expectations of metapopulations. and associated pond (Crystal Spring); that has never supported many toads. This means that occupied habitats, and two seeps named Trespass and During surveys, the highest number of unoccupied but suitable habitats, and Wild Burro. Crystal Spring and the two toads captured at Trespass Seep was 12 intervening habitat that may be seeps occur on lands administered by in 1998. In August 2009, improvements occasionally used during infrequent the BLM. were made to Trespass Seep by a private migration events should all be The Harlan-Keal pond was restored in landowner that resulted in a substantial considered as conservation priorities. 2003–2004, and has early successional increase in ponded surface water and Metapopulations can be expected to habitat where toad reproduction occurs toad habitat. Within a few weeks after have local extirpations in some patches, and may serve as a source population. improvements to the seep, Amargosa resulting in the existence of empty but The 2009 population estimate for the tadpoles were observed at the site suitable habitat that subsequently may Harlan-Keal Group was 156, which was (STORM–OV 2009b, p. 1). Wild Burro seep consists of a low- be recolonized in the future (Simandle 22 percent below the 12–year average flow spring, an excavation with 2006, p. 8). Events such as floods may for this group of sites (Hobbs 2009, p. groundwater exposed, and wet meadow. simultaneously destroy existing 2). Because of its elevation, ambient air In 1998, 12 ac (4.9 ha) surrounding the occupied habitat, create new suitable temperatures at this site are always seep was fenced by BLM to exclude habitat, and facilitate infrequent cooler than at other sites. This will wild burros that overused the site. movement among different sites. Habitat likely affect the number of toads Currently this site provides little habitat conditions and the number of toads that captured during surveys. occur at specific sites and for the Amargosa toad, with only a few metapopulations change from year to The Crystal Spring site consists of a toads documented at this site each year. year, thus requiring site-specific spring, pond, and outflow on BLM land. In November 2009, STORM–OV management strategies. In 1995, a wild burro exclosure was submitted a plan to the BLM to create constructed around Crystal Spring to and enhance toad habitat at this site Population Groups reduce trampling and overuse of the (STORM–OV, 2009c, pp. 1–6). STORM– The 11 monitored sites occupied by spring. This caused an increase in OV is a local nonprofit organization the Amargosa toad occur in three emergent vegetation that has reduced representing the off-road, ranching, and groups: Harlan-Keal, Amargosa River, the extent of open water, which in turn mining interests, dedicated to Amargosa and Spicer/Mullin/Torrance; and resulted in few toads remaining at the toad conservation projects. Angel’s, a single site outside the three site. Historically, this site was Amargosa River Group groups. The sites associated with each maintained by ranchers and other group are discussed below. private efforts which removed sediment The Amargosa River consists of three and excess vegetation that maintained monitored segments characterized by Harlan-Keal Group open water in the pond. Planning is riparian vegetation interspersed with The Harlan-Keal Group consists of under way to rehabilitate this site in flowing, open water. Amargosa toad four sites: 5 ac (2 ha) of private land 2010 to benefit Amargosa toads population monitoring occurs along a 2- (Harlan-Keal), including an irrigated (STORM–OV 2009a, pp. 1–3). mi (3.2-km) section of the Amargosa

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River that is mostly perennial, from just p. 5). Crayfish and bullfrogs occur at determine when cattle should be moved north of the Stagecoach Casino and this site. to other properties in Oasis Valley. The Hotel to the Narrows, south of Beatty, newly constructed stream channel and Other Sites Nevada (see distribution map available toad pond system has been dry for at http://www.fws.gov/nevada/ A 2.6 mi (4.2 km) stretch of the almost 2 years due to insufficient water nv_species/amargosa_toad.html). Land Amargosa River north of the Stagecoach and overgrowth of emergent wetland ownership is a mosaic of private, local, Hotel and Casino, has intermittent and vegetation near the spring. Amargosa and Federal (BLM) lands. Most habitat perennial flow in sections, mostly toads continue to breed in the fenced- for the Amargosa toad exists along this associated with spring outflow. Land off spring and outflow channel on the 6- monitored section of the river, and most ownership is a mosaic of private and ac (2.5-ha) private inholding. No toads are found along the river corridor BLM lands. Cursory surveys conducted population estimates are available for where perennial water occurs and in this area by NDOW biologists have this area. bullfrogs (Lithobates (=Rana) detected Amargosa toads. Several The Indian Springs Complex consists catesbeiana) and crayfish (Procambarus private properties are known to have of Upper, Middle, and Lower Indian sp.) are few or absent. In a typical year, suitable Amargosa toad habitat. Surveys Springs. Lower Indian Spring consists of tens or hundreds of thousands of have not been conducted on these two springs, Lower Indian and Cave Amargosa toad tadpoles are produced properties; however, anecdotal Springs. Upper Indian Spring is the within the Amargosa River. The 2009 observations of toads have been location of a municipal well that population estimate for this group was reported (Maciolek 1983a, pp. 9–10; provides water to the town of Beatty. 14 percent lower than the 12–year 1983b, pp. 4, A1–4). In 1993 and 1994, Middle Indian Spring is mostly dry, average (Hobbs 2009, p. 3). This lower Heinrich (1995, p. 8) documented toads with several mature cottonwood trees. population estimate for the Amargosa at eight sites, including the Manley Little if any toad habitat currently River may be the result of low property (spring and outflow), Parker occurs at either Upper or Middle Indian detectability of Amargosa toads due to Ranch (Ute Spring), and LaFleur Spring Springs. At Lower Indian Spring, an dense vegetation, no substantial habitat site (Roberts Field). No population size approximate 10-ac (4-ha) wild burro/ improvements during the last few years, estimates or trends have been made for livestock exclosure that surrounds two and predation from bullfrogs and these other sites. Amargosa toads at springs was constructed by the BLM in crayfish. these sites are not included in the 1994, along with a water pipe and rangewide population estimates. trough outside the exclosure to provide Spicer/Mullin/Torrance Group LaFleur Spring is a historic site for water to burros, livestock, and wildlife. Amargosa toads near the northern range Currently, this site is nearly dry, with This group consists of three privately limit of the species. Altig (1987, p. 277) no water exiting the exclosure. Toads held properties which include the found up to 74 toads at this site during have been captured at Lower Indian Spicer site (320 ac; 129 ha); Mullin site 5 visits to the site in 1981. Altig further Spring as recently as 1996. No (80 ac; 32 ha); and Torrance Ranch (130 concluded that the toad population at population estimates are available for ac; 52 ha). The Torrance Ranch was the LaFleur site is small, with no this area. Attempts to restore toad purchased by The Nature Conservancy recruitment observed in 1980 or 1981. habitat at this site in 1998 were (TNC) in 1999 to protect the Amargosa No surveys have been conducted at this unsuccessful, but new techniques have toad and to provide a site for site since the 1980s. The Springdale site been developed, and the ATWG experimental habitat management to provides approximately 1 ac of (2.5 ha) proposed habitat rehabilitation in 2010. benefit the Amargosa toad. All three toad habitat; toads were reported to be Other private lands have been or sites are contiguous or in close present in July and August 1983 by could be occupied by Amargosa toads. proximity to each other, which allows Maciolek (1983a, p. 8). Habitat Revert Spring (303 ac; 123 ha) is movement of Amargosa toads among all improvements have occurred, including privately owned by the owner of the three sites. The 2009 population the removal of salt cedar. The Stagecoach Hotel and Casino. Revert estimate for this group was 86 percent Springdale site is not included in the Spring is an important water source for above the 12–year average for these population monitoring program for Amargosa toad habitat in the river. sites. All three property owners are Amargosa toads. Although Maciolek (1983a, p. 10) conservation partners with the Service Parker Ranch (24 ac; 212 ha) was documented Amargosa toads at Revert and NDOW, and have accomplished or purchased by TNC in December 2000, Spring in July and August 1983, the cooperated on numerous toad habitat with assistance from the State of current status of toads at the Revert improvement projects. Nevada, the National Fish and Wildlife Spring site is unknown. Coffer Ranch Angel’s Site Foundation, and the U.S. Department of (900 ac; 364 ha) occurs at the Agriculture, Natural Resource northernmost edge of the range of the This 296-ac (120-ha) site consists of a Conservation Service (NRCS), to protect Amargosa toad and is owned and single location on private property. A and restore unique biological resources, managed by a cattle company. Maciolek spring-fed, cement lined pond that has including Amargosa toad habitat. Parker (1983b, p. A–1) reported that Amargosa an outflow to a wetland pasture Ranch is approximately 4 mi (6.4 km) toads were present at the Coffer Ranch, provides breeding and oviposition north of Beatty and includes Ute Spring. and suitable Amargosa toad habitat was habitat for the Amargosa toad. No Parker Ranch is currently being grazed present. However, no population habitat changes have been observed in by 74 cattle by a local rancher to reduce estimates are available for these or other at this site since monitoring efforts the amount of emergent wetland privately owned lands where Amargosa began in the mid-1990s. The pond was vegetation to increase open water areas toads may occur. dry in 2007 and no evidence of (Moore 2010, p. 3). The spring source reproduction was observed in 2008. The was fenced off and outflow stream Amargosa Toad Working Group (ATWG) population estimate for this site channels were reconstructed in recent and Amargosa Toad Conservation declined 33 percent in 2009 compared years to prevent damage to stream banks Agreement and Strategy (CAS) to 2008, and 23 percent below the 12– (Moore 2010, p. 3). The NRCS is In 1996, the ATWG was organized to year average for this site (Hobbs 2009, monitoring the vegetation condition to provide recommendations for

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management and conservation of the achieving these goals. CAS (1) The present or threatened Amargosa toad. The ATWG consists of accomplishments that have contributed destruction, modification, or representatives of the Service, NDOW, towards success include 12 years of curtailment of its habitat or range; (2) TNC, Nevada Department of population monitoring and maintaining overutilization for commercial, Conservation and Natural Resources, population data in a database; salt cedar recreational, scientific, or educational Bureau of Land Management (BLM), removal; habitat rehabilitation and purposes; (3) disease or predation; (4) Nye County, Beatty Town Board, Beatty enhancement; research; public the inadequacy of existing regulatory Habitat Committee, The Amargosa education and outreach; and habitat mechanisms; or (5) other natural or Conservancy, private landowners in the acquisition as discussed in Factor A. manmade factors affecting its continued Beatty community, the University of Other CAS accomplishments include existence. In making this finding, Nevada at Reno, and others. The ATWG control of predators through habitat information pertaining to the Amargosa meets semiannually to present and manipulation and work with the local toad in relation to the five factors exchange information on the toad and community to achieve conservation provided in section 4(a)(1) of the Act is its habitat, including the status of such as an open space plan. The CAS discussed below. habitat conditions and ongoing habitat signatories and the ATWG, in In making our 12–month finding on a projects, potential threats to the toad, cooperation with local landowners, petition to list the Amargosa toad, we and population monitoring data, and to have planned and initiated multiple considered and evaluated the best identify new conservation tasks. projects to protect, restore, and enhance available scientific and commercial In 2000, the ATWG completed the toad habitat, and create new habitat. information. The analysis of potential Amargosa Toad CAS (NDOW 2000, pp. Overall success is measured by threats to the Amargosa toad discussed 1–12), which provides management and population monitoring data that show below includes those identified in the conservation guidance for the Amargosa that rangewide, Amargosa toad petition and those that we considered to toad. The CAS informs management of populations are relatively stable and be substantial in our 90–day finding (74 the conservation needs of the toad, respond promptly and positively to FR 46551). prioritizes tasks, and provides an habitat improvements. Previous habitat Factor A. The Present or Threatened implementation schedule. The ATWG is improvements on the Amargosa River, currently updating the CAS to include Destruction, Modification, or Harlan-Keal, Mullin, and Spicer sites Curtailment of Its Habitat or Range accomplishments and updated have all resulted in substantial conservation needs for the toad. population increases of toads. In 2005, Private Land Development The CAS was developed to expedite vegetation was removed by NDOT at the toad conservation over a period of 10 The petition identified several U.S. 95 Highway bridge over the potential residential or commercial years by providing guidance and a Amargosa River in Beatty. This resulted framework for implementation of developments on private land that could in a positive response by toads as shown cooperative long-term conservation adversely affect the Amargosa toad or its by a large reproductive event and a 2006 actions to benefit the toad and co- habitat. However, based on information population estimate of 1,854 for the occurring species. Signatories to the provided by TNC during our review river which was the highest on record CAS include NDOW, Nye County (Moore 2010, pp. 1–3), none of the (ATWG 2005, p. 2; Wixson 2006, p. 3). Department of Natural Resources, the proposed developments appear to be Again in 2005, vegetation was cleared Service, BLM, TNC, the Nevada Natural viable. Real estate and development from the pond at the Harlan-Keal site Heritage Program, and the University of markets in nearby Pahrump and Las with funding from the Service and Nevada at Reno. The signatories provide Vegas influence markets in the Beatty NDOW which resulted in an estimated representatives to the ATWG. The area, and each of these three areas have signatories and ATWG are committed to 90 percent increase in the population in experienced a downturn in both the implementing specific conservation 2006 over the 2005 estimate (Wixson general economy and the housing actions (tasks) which identify, reduce, 2006, p. 2). market. Plans for a shooting range across or eliminate threats to the species, and The ATWG is in the process of from Torrance Ranch have been maintain and enhance a properly updating the CAS and anticipates a abandoned and the property was functioning ecosystem for the Amargosa revised CAS by the end of 2010. The recently sold to an individual who plans toad and other indigenous species of revised CAS will acknowledge to build a home on the 40-ac (16-ha) site Oasis Valley. The ATWG meets accomplishments and identify the (Moore 2010, p. 3). A geothermal project semiannually to plan Amargosa toad conservation needs of the toad for the at a hot spring on private lands conservation actions. Most conservation next 10 years. The revised CAS will identified by CBD as a threat (2009, p. actions in the CAS are implemented by operate in a similar manner as the 2) has been abandoned (Moore 2010, pp. local private land owners, and land and existing one. The CAS has proven, 1–3). Although development may occur resource managers. based on its 10 year track record, to be within the range of the Amargosa toad Many of the conservation actions an effective tool in furthering the long- over the near term, it is difficult to implemented by the ATWG and its term conservation of the species. predict the scope of that development based on the available information. various partners are a direct result of the Summary of Information Pertaining to Furthermore, humans and Amargosa commitments made in the CAS for the the Five Factors Amargosa toad (NDOW 2000, pp. 1–12). toads have coexisted in the Beatty area The goals of the CAS are to manage Section 4 of the Act (16 U.S.C. 1533) since the early 1900s. Amargosa toads at threats, maintain habitats, monitor and implementing regulations (50 CFR the Harlan-Keal site and other sites populations, and test and evaluate part 424) set forth procedures for adding where residential or commercial habitat manipulations. Completed species to the Federal Lists of development and toads co-occur conservation actions identified in the Endangered and Threatened Wildlife demonstrate that toad and human CAS have addressed threats identified and Plants. Under section 4(a)(1) of the interface can be compatible. Toads in Factors A, B, C, and E (see below). Act, a species may be determined to be occur in most disturbed and developed We consider the CAS successful if endangered or threatened based on any areas with surface water and may be considerable progress is made towards of the following five factors: locally abundant. During our review, we

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found no indication that the economic completed, and cannot be certain that surveys. This suggests that any growth of Beatty will change these rights will be secured. reduction in population is limited to the substantially in the foreseeable future. Groundwater level records for Oasis area of Indian Springs. BWSD pumping Due to the absence of potential Valley, which are both recent and long at the Indian Springs well has decreased developments identified in the petition enough to assess trends (e.g., over the since the late 1990s, but Indian Springs and the ability of toads to coexist with last 10 years or more), are limited to remains one of three primary supply humans in developed and disturbed monthly and bimonthly measurements wells in Oasis Valley for the town of areas, we conclude habitat loss as a collected by the U.S. Geological Survey Beatty. With respect to the potential for result of development on private land is (USGS) for the U.S. Department of additional groundwater pumping in not a substantial threat to the Amargosa Energy (USDOE) as part of the USDOE Oasis Valley, actual groundwater toad now or in the foreseeable future. Environmental Restoration Program withdrawals by the BWSD have been Groundwater Development and (USGS/U.S. DOE Cooperative Studies in limited to approximately 10 to 15 Extraction Nevada, http://nevada.usgs.gov/doe_nv/ percent of their existing rights over most The petitioners provided information ). Specifically, groundwater level of the last decade (Eng 2010, p. 1). that claimed existing and future water measurements are available for seven Whereas substantially more uses and developments are important wells or nested wells along or near the groundwater could be pumped for threats that reduce surface water Amargosa River channel in Oasis Valley municipal purposes under existing available for Amargosa toads in Oasis and a number of additional wells to the BWSD rights, their pumping within Valley and that result in habitat loss. north and east within the valley and up Oasis Valley has been fairly constant. The majority of water right allocations gradient basins for the period 1998 to Overall demand has decreased within the basin are spring diversions late 2009. The wells range in depth from approximately 25 percent (coupled with for irrigation and livestock watering. 200 ft (61 m) or less in consolidated a decrease in pumping at the Barrick Priority dates for groundwater rights, sedimentary deposits to thousands of Mine) over this same period of time including those of Beatty Water and feet in the volcanic rock aquifer. Trends based on pumping inventories provided Sanitation District (BWSD), range from in groundwater levels along the by the Nevada State Engineer (NSE). the 1920s to 1996, with the majority Amargosa River channel from 1998 to Additionally, BWSD demand varies dating to the late 1980s or earlier. The 2009 are mixed, some increasing seasonally, with demand at a minimum priority dates are the dates the moderately, some decreasing from December through March, the application are submitted and moderately, and some relatively latter of which coincides with the determine the seniority of the water constant on an annual basis. Water beginning of the Amargosa toad right relative to other water rights in the levels in two of the seven monitoring breeding season. Moreover, the NSE has affected basin. Spring diversions are wells located along or near the ruled that the degree of hydraulic located primarily along or near the Amargosa River channel (well ER–OV– connection between groundwater and Amargosa River channel. Groundwater 03 and the Beatty Wash Terrace Well) surface water in Oasis Valley is such rights are limited to approximately one decreased 1.3 to 1.5 ft (0.4 to 0.5 m) that they constitute a single source (NSE sixth of water right allocations in the from 2000 to late 2009. However, these Ruling 4669, 1998) and that no valley (by volume), 85 percent of which declines occurred in no clear relation to unappropriated water existed in the are held by the BWSD as a source of permitted or certificated groundwater basin as of 1995 (NSE Ruling 4174, supply for homes and businesses in the rights (pumping at permitted supply 1995), making additional allocations, town of Beatty. The BWSD holds water wells). Rather, they may be indicative of groundwater or surface water, unlikely. rights for three wells in the town of local evapotranspiration responses. Beatty and two wells several miles Elsewhere along the river channel, Excessive groundwater withdrawals northwest of town (including one at groundwater levels were unchanged, or have the potential to affect springs and Indian Springs), in addition to a increased a few tenths of a foot from rivers that depend on groundwater for groundwater right at the Barrick Mine in 2000 to late 2009 (ER–OV04a, recharge or base flows. Field Amargosa Valley (Nevada Division of Springdale Upper Well, ER–OV–02, ER– reconnaissance and Nevada Division of Water Resources, http://water.nv.gov/). OV–05, and ER–OV–06a). Water Resources well drilling records Other groundwater rights in Oasis In areas to the north and east which identified approximately 15 springs and Valley (a total of 8) are for irrigation, supply groundwater to the vicinity of 20 nonmunicipal wells that supply recreation, livestock watering, and the Amargosa River channel and water to individual homes and ranches minor commercial and mining Amargosa toad habitat in Oasis Valley, in Oasis Valley (Reiner et al. 2002, p. activities, most in the amount of 20 specifically northeastern Oasis Valley 33). A reasonable estimate of acre-feet per year (afy) or less. and the area of Pahute Mesa (the latter groundwater withdrawal consumed Currently, TNC is negotiating located in the Gold Flat and Forty mile from each of these sources is 1 afy purchase of the water rights (500 afy) at Canyon-Buckboard Mesa basins) (Reiner et al. 2002, p. 33). Based on this Revert Spring with the owner of the (Laczniak et al. 1996, pp. 18–19; Reiner consumption rate and the number of Stagecoach Hotel and Casino to et al. 2002, pp. 8–9; Fenelon et al. 2010, supply sources, a reasonable estimate of establish long-term protection measures pp. 22–23 and Plate 5), water levels in the nonmunicipal use of groundwater for the water flowing from the spring USDOE Environment Restoration from Oasis Valley is 35 afy. Estimates of source into the Amargosa River. Program wells increased a few tenths of the total annual groundwater Acquisition of this important water a foot to approximately 1.5 ft over this withdrawal from Oasis Valley, source can reduce the threat of its use same period. computed by combining municipal and for commercial purposes and enable No groundwater level data are non-municipal estimates, declined from TNC to meet its commitment in the CAS available for the vicinity of the BWSD 440 afy in 1996, when Beatty’s human to work with private landowners to supply wells. As such, the effects of population was 2,068, which was the pursue conservation actions such as BWSD pumping on surface water highest during the period 1991–2007 acquisitions and easements (NDOW resources cannot be evaluated at this (Stantec 2009, p. 22), to 210 afy in 1999, 2000, p. A–20). However, we recognize time except as they may be judged from when Beatty’s population declined to that this transaction has yet to be the results of biannual Amargosa toad 1,703.

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The population estimates for Beatty in The petitioners state that BLM failed of the team is to monitor habitat 2007 indicate a resident base of to initiate planning for habitat conditions of the river, develop approximately 1,068 persons (Stantec enhancement projects including Wild management recommendations, and Consulting 2009, p. 22). This estimate Burro Seep and Upper Cave Spring in coordinate habitat improvement with reflects a declining population trend the Lower Indian Spring system (CBD landowners and managers on behalf of during the period 1991–2007. While the 2009, p. 20). In fall 2009, STORM–OV, the signatories of the CAS and the future population size of Beatty is in cooperation with BLM and the ATWG. unknown, we found no indication that ATWG, modified Wild Burro Seep and The overall habitat suitability of the human population will increase greatly increased the extent of surface individual sites varies from year to year beyond historic levels and we do not water and toad habitat at the site. depending on conditions and may anticipate an increase in use of STORM–OV and BLM developed plans become unsuitable for toads. Because groundwater to support new residential to restore Lower Indian Springs and the Amargosa toad occurs as development. We conclude that future Crystal Spring in 2010 and 2011 metapopulations, toads will move back human population effects on the (STORM–OV 2009a, pp. 1–3; Spicer into these sites from neighboring sites Amargosa toad are driven by the 2009, pp. 1–5). Habitat enhancement is once the habitat becomes more suitable. economic status and growth of the a conservation action in the CAS In the absence of natural disturbance Beatty. Since there is no indication that (NDOW 2000, p. A–11). such as flood events and wildfires, toad growth will increase, we conclude that The Stagecoach Hotel and Casino habitat will likely require periodic demand for groundwater is not likely to owner is a conservation partner with manipulation or other forms of rise. TNC and the Service. In 2001, the disturbance such as burro or cattle use The petitioners submitted comments Service’s Partners for Fish and Wildlife to sustain toad populations. Based on that identified a proposed solar energy Program funded habitat improvements the metapopulation structure of the project in Amargosa Valley requiring in the vicinity of the Stagecoach to toad, successful habitat projects and 3,000 afy of groundwater for wet-cooling benefit the Amargosa toad. The owner disturbance by burros and cattle, we and operation (CBD 2009, pp. 1–2). This and TNC continue to improve habitat anticipate that habitat planning and energy project remains proposed but has along the river behind the property, implementation have resulted in been modified to use dry-cooling that which is part of a parcel identified as a positive responses by toads. We expect would reduce groundwater use to 400 fee-title donation to TNC for the Amargosa River Planning Team, afy. The 400 afy of groundwater conservation purposes pursuant to TNC, BLM, Service, and private proposed for the project is currently prescribed conservation actions in the landowners to continue their efforts to used for agriculture and, therefore this CAS. In addition, TNC and the Nevada maintain and improve toad habitat into level of groundwater use is not Department of Transportation (NDOT) the foreseeable future in accordance anticipated to significantly affect are working to remove debris from the with the CAS. We expect members of existing groundwater levels in the up riverbank, which should improve the ATWG and private landowners to gradient areas where Amargosa toads habitat for the Amargosa toad. continue their current efforts to occur (Peterson 2010, p. 1). In 2007, 30 ac (12 ha) of nonnative maintain and improve toad habitat, as The petitioners also identified 11 trees were removed from the Mullin site they have in the past, in accordance Department of Energy (DOE) and replaced with native willows and with the CAS into the future. As a applications for water rights in Oasis cottonwoods as prescribed in the CAS result, we have determined that habitat Valley as a potential threat to the toad (NDOW 2000, p. A–11). During the 2009 planning and implementation is not a through groundwater withdrawal effects survey, 137 Amargosa toads larger than threat to the Amargosa toad now, nor is (CBD 2009, p. 2). The DOE applications 2 in (50 mm) were captured on the it expected to be so in the foreseeable were submitted for construction of a Mullin site. This was the highest future. railroad to a proposed nuclear waste number of captures for this site (Hobbs repository and were protested by the 2009, p. 4). Vegetation Overgrowth petitioners and others. The Service Three springs on the Spicer site have Overgrowth of vegetation in aquatic recommended that DOE transport water been enhanced for the Amargosa toad by habitats is an ongoing management needed for this project from sources the landowner. Surface water is objective for the Amargosa toad as other than those associated with the distributed on the Spicer site through a specified in the CAS (NDOW 2000, pp. Amargosa toad, Ash Meadows, and system of pipes which provides most of A–11 and A–16). Habitat for Amargosa Devils Hole. In February 2010, DOE the water for toad habitat. Manipulation toads at several spring sites including withdrew their applications for water of the distribution pipes provides a Torrance Ranch, Lower Indian Spring, rights in the Oasis Valley. habitat management tool to allow ponds and Crystal Spring, has degraded as a Based on the available information on to be created, or dried to remove result of overgrowth of emergent volume, timing, and location of crayfish and bullfrogs as prescribed in vegetation and loss of open water. groundwater withdrawals, historic use the CAS (NDOW 2000, pp. A–11 and A– Overgrowth of vegetation occurs mostly of groundwater, and water-level 12). Amargosa toads responded at small spring sites and in the absence measurements, we conclude that water positively to the habitat improvements of disturbance or management. use and development in Oasis Valley is in 2009, increasing by 300 percent of Although Lower Indian Spring and not a substantial threat to the Amargosa captured and marked toads since 2008 Crystal Spring are small spring sites and toad at this time or in the foreseeable (Hobbs 2009, p. 4). represent only a small fraction of the future. No declines in groundwater or The Amargosa River Planning Team species’ individuals and distribution, toad numbers have been observed at was formed in October 2009 as a result the ATWG considers vegetation monitored sites as a result of pumping. of a recommendation by the ATWG that management a priority for these sites. The current and foreseeable demand for was included in the CAS (NDOW 2000, Mechanical removal, controlled burns, groundwater in Oasis Valley remains p. A–14). The team consists of ATWG and grazing are proven tools to manage consistent with historical uses. representatives including the Service, vegetation in spring systems at Harlan- Inadequate Habitat Enhancement NDOW, Nye County, BLM, and TNC, Keal (ATWG 2004, p. 3) and Torrance Planning and Implementation but also local landowners. The purpose Ranch (ATWG 2007, attachment 1, p. 1).

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Spring-supplied ponds typically require spring sites to exclude feral burros most resulting from recreation or OHV use in disturbance or periodic removal of likely has contributed to declines in toad habitat and the location of many of vegetation to maintain suitable habitat toad populations at these sites by the spring sites on private land that conditions (e.g., open water) for the reducing habitat disturbance. BLM have no OHV use, we do not expect Amargosa toad. Local ranchers manages the burro population and effects from recreation and OHV use to historically managed Crystal Spring and conducts burro ‘‘gathers’’ when the burro increase or become a threat to the toad other springs to maintain open water numbers exceed the appropriate in the foreseeable future. (Spicer 2010, p. 1). Limited use by management level for the area in Invasive Plant Species livestock or feral burros provides accordance with the CAS (NDOW 2000, disturbance that benefits toads; p. A–16). Most feral burro use of The petitioners assert that introduced however, excessive use by livestock or monitored sites occurs along the river. invasive trees have become established feral burros result in degradation of We conclude that light to moderate along stretches of the Amargosa River habitat. Current and future habitat ungulate use is not a substantial threat and springs, which may reduce prey projects at spring sites are designed to to the toad and likely provides some and microhabitat available for the minimize vegetation growth, benefit to the Amargosa toad. Although Amargosa toad (CBD and PEER 2008, compensate for potential reductions in the number of feral burros fluctuates, we pp. 24 and 26). spring flow due to overgrowth of do not anticipate the level of burro use Salt cedar is an exotic, invasive vegetation, and maintain proper habitat in Amargosa toad habitat to increase so species that grows in shrub form to conditions for the toad. Currently, that it would affect toad populations in medium tree size and is native to excess vegetation conditions occur at the foreseeable future. Eurasia. Removal of salt cedar is Crystal and Lower Indian Springs, but identified as a conservation action in Recreation and Off-Highway Vehicle habitat modification proposed for 2010 the CAS (NDOW 2000, p. A–11). Native (OHV) Activity and 2011 at these sites (STORM–OV aquatic and wetland herpetofauna may 2009a, pp. 1–3; Spicer 2009, pp. 1–5) is OHV activity affects Amargosa toads be negatively impacted in areas where anticipated to substantially improve most during the breeding season and salt cedar draws down surface water habitat conditions for the toad. As stated during the especially vulnerable egg and (Shafroth et al. 2005, pp. 237–238). previously, we expect the efforts to tadpole stages of development. OHV Water-use studies indicate that maintain and improve toad habitat effects are only known to be a concern increases in water yield following salt which includes control of vegetation to along the Amargosa River near the cedar control are likely to occur only continue in accordance with the CAS. Stagecoach Hotel and Casino. TNC when a salt cedar stand containing high Therefore vegetation overgrowth is not a biologists have observed small isolated leaf area is replaced by vegetation with significant threat to the Amargosa toad pools containing egg strands or tadpoles a lower leaf area (Shafroth et al. 2005, now, nor is it expected to be so into the in various stages of development that pp. 237–238). The native vegetation in foreseeable future. were affected by OHVs in the riverbed Oasis Valley requires more water than is within the Town of Beatty. The local provided by local rainfall. As a result of Grazing and Trampling nonprofit group, STORM–OV, is high evapotranspiration rates during the The petitioners state that use of attempting to educate the OHV users summer, these plants must rely on local springs by feral burros and cattle may about the need to avoid ponded water groundwater for sustenance (Reiner et result in degraded habitat and reduced during the toad breeding season, a al. 2002, p. 42). Anderson et al. (2004, numbers of Amargosa toads (CBD and conservation action prescribed in the cited in Shafroth et al. 2005, pp. 237– PEER 2008, pp. 17–18, 21 and 23–25). CAS (NDOW 2000, p. A–18). In 238) present data from the lower The current level of burro occurrence in addition, TNC plans to use its river Colorado River suggesting that Amargosa toad habitat varies by site and properties behind the Stagecoach Hotel abundances of several of the most ranges from zero to moderate with most and Casino and northward in common insect families in riparian use along the Amargosa River. Cattle use educational opportunities. These two areas occur in comparable or greater of Amargosa toad habitat is limited to groups propose to conduct town abundance on salt cedar than on most the northern sites where a cattle meetings to inform Beatty residents of native vegetation. Efforts to remove salt operation is located (Coffer Ranch) and the need to avoid damaging toad cedar and other nonnative, invasive sites targeted for vegetation reduction. breeding pools during the defined plants from the Amargosa River While burros and livestock (ungulates) breeding season. While localized OHV watershed have occurred since 2003. may trample Amargosa toad eggs and use may cause a relatively small number Replacing salt cedar with native larvae, light to moderate disturbance is of eggs or tadpoles to be removed from vegetation may result in lower important to the Amargosa toad which the affected population, this level of loss evapotranspiration rates. Eleven grants is a disturbance-dependant species is not substantial in the context of the provided $118,500 for salt cedar (ATWG 2005, p. 2). In the absence of potentially tens or hundreds of removal from 11 private properties and disturbance, vegetation grows thousands of Amargosa toad eggs and BLM, NDOT, and BWSD-managed land. uncontrolled and reduces open areas tadpoles produced in a typical year. Salt cedar has been removed from necessary for the toads. Intensive and No landowners or managers have approximately 1,895 ac (767 ha) of uncontrolled use of Amargosa toad identified, nor are we aware of any Amargosa toad habitat, and salt cedar habitat by ungulates may threaten the spring sites that are substantially removal efforts will likely continue. species by degrading habitat and killing affected by OHV activity. The Amargosa toad population monitoring individual toads; however, light to petitioners identified an OHV race that data may be used to assess and measure moderate use is known to be beneficial passes near Crystal Spring as a potential the effect of salt cedar removal on the to the Amargosa toad. Complete removal threat to the toad. In 2008, BLM chose toad. We do not believe salt cedar is a of ungulates could lead to overgrowth of an alternate route away from toad significant threat to the Amargosa toad vegetation, and may pose a more serious habitat for OHV events near Crystal now or in the foreseeable future because threat to the Amargosa toad than Spring and continues to consider the salt cedar has been removed from toad moderate ungulate use. Fencing toad during OHV permitting actions. habitat and those efforts continue in installed at the Crystal and Indian Due to the absence of substantial effects accordance with the CAS.

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Failure of the CAS to Protect Toads and habitat. Overall success is measured by distribution. Habitat has been improved Habitat population monitoring data that show at several sites and improvements at The petitioners claim that the CAS that rangewide, Amargosa toad other sites are planned for 2010 and failed to protect Amargosa toads and populations are relatively stable and 2011. Although some sites are affected increase toad populations. The CAS is a respond promptly and positively to by overgrowth of vegetation, past and voluntary, non-regulatory agreement. habitat improvements. Previous habitat ongoing conservation and management The CAS was developed to expedite improvements on the Amargosa River, actions have improved toad habitat and Amargosa toad conservation over a Harlan-Keal, Mullin, and Spicer sites contributed to stable Amargosa toad period of 10 years by providing have all resulted in substantial populations, as reflected in the 11 years guidance and a framework for population increases of toads. In 2005, of population monitoring. In one implementation of cooperative long- vegetation was removed by NDOT at the particular instance, a habitat term conservation actions to benefit the U.S. 95 Highway bridge over the manipulation project was developed toad and co-occurring species. Amargosa River in Beatty. This resulted and implemented, and was very Signatories to the CAS include NDOW, in a positive response by Amargosa successful in transforming a small seep Nye County Department of Natural toads as shown by a large reproductive into a new breeding site for toads Resources, the Service, BLM, TNC, the event and a 2006 population estimate of (STORM–OV 2009a, p. 1). Amargosa Nevada Natural Heritage Program, and 1,854 for the river which was the toad population estimates are an highest on record (ATWG 2005, p. 2; the University of Nevada at Reno. The indication of habitat quality at a given Wixson 2006, p. 3). In 2005, vegetation signatories provide representatives to site, and in those areas where habitat was cleared from the pond at the the ATWG. The signatories and ATWG improvements have been conducted, Harlan-Keal site with funding from the are committed to implementing specific Amargosa toad populations have Service and NDOW which resulted in conservation actions (tasks) which increased substantially. Grazing by an estimated 90 percent increase in the identify, reduce, or eliminate threats to cattle and feral burros may be locally population in 2006 over the 2005 the species, and maintain and enhance excessive, but moderate use provides estimate (Wixson 2006, p. 2). needed disturbance to the aquatic a properly functioning ecosystem for the The ATWG is in the process of systems that improves Amargosa toad Amargosa toad and other indigenous updating the CAS and the group habitat. Some local areas are impacted species of Oasis Valley. The ATWG anticipates a revised CAS by the end of by OHV use but not to the extent that meets semi-annually to assess the 2010. The revised CAS will conservation needs of the toad and plan acknowledge accomplishments and population declines can be identified. Amargosa toad conservation actions. identify the conservation needs of the There has been no apparent reduction in Most conservation actions in the CAS Amargosa toad for the next 10 years. the current range of the Amargosa toad are implemented by local private land The existing CAS and revision will compared to the historical range. As a owners, and land and resource function similarly. Although the CAS is result of conservation efforts managers. a voluntary, non-regulatory agreement, accomplished by TNC through habitat Many of the conservation actions we conclude that the CAS efforts have acquisition and improvements, and by implemented by the ATWG and its been very successful in establishing a various groups through other habitat various partners are a direct result of the coalition of partners, including State improvement projects at Mullins, commitments made in the CAS for the and Federal agencies, local government, Harlan-Keal, Spicer, and Torrance, Amargosa toad (NDOW 2000, pp. 1–12). private landowners, and conservation along the River, and at Parker Ranch The goals of the CAS are to manage organizations committed to reduce or and Trespass Seep, there has been an threats, maintain habitats, monitor eliminate the threats to the species and increase in habitat quality or quantity populations, and test and evaluate assure long-term conservation for the for the Amargosa toad at these sites. habitat manipulations. Completed Amargosa toad. In the absence of the Additionally, private landowners have conservation actions in the CAS have CAS, conservation progress would recently become and remain involved in addressed threats identified in Factors proceed at a reduced rate but would not conservation efforts. Salt cedar has been A, C, and E. We consider the CAS result in the species becoming substantially removed from private and successful as considerable progress has threatened. Therefore, based on BLM land. Completed actions been made towards achieving these implementation of various conservation prescribed in the CAS to conserve the goals. The CAS accomplishments that actions resulting from the CAS as Amargosa toad have been shown to be have contributed towards success discussed in the factor above, we find successful in meeting the objectives in include 12 years of population that the existence and implementation the CAS and reducing or eliminating the monitoring and maintaining population of the CAS do not pose a threat to the threats to the Amargosa toad under data in a database; burro management species. Factor A. We conclude that the present through monitoring and gathers; salt or threatened destruction, modification, cedar removal; habitat rehabilitation Summary of Factor A or curtailment of the habitat or range of and enhancement; research; public Development on private lands and use the Amargosa toad is not a significant education and outreach; and habitat of groundwater are not significant threat to this species now or in the acquisition as discussed above in this threats to the Amargosa toad. Most foreseeable future, due to the limited factor. Other CAS accomplishments previously proposed developments have growth projected for Beatty, current and include control of predators through been abandoned. With potential anticipated groundwater use and levels; habitat manipulation and work with the development stalled, growth activity completed and proposed habitat local community to achieve within Beatty is not expected to change improvements including removal of salt conservation such as an open space substantially in the foreseeable future. cedar; continuing management of the plan. The CAS signatories and the Groundwater use in the Beatty area has Amargosa River and adjacent habitat ATWG in cooperation with local decreased or remained constant, and under the direction of the Amargosa landowners have planned and initiated groundwater levels have fluctuated but River Planning Team, a subcommittee of multiple projects to protect, restore, and these fluctuations do not appear to the ATWG; and continued enhance toad habitat, and create new affect Amargosa toad numbers or implementation of conservation

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measures in accordance with the revised predator and prey are not present in all we cannot assess the potential impact of CAS. occupied patches all of the time predators on the Amargosa toad (Simandle 2006, p. 9). population. However, we do have Factor B. Overutilization for Currently, the most promising Amargosa toad survey data collected Commercial, Recreational, Scientific, or management tool for nonnative since 1998 for sites occupied and Educational Purposes predators involves manipulating and unoccupied by bullfrogs and crayfish. The petitioners provided no enhancing habitat for Amargosa toads Population numbers at sites with information regarding threats under this while making habitat less suitable for predators and without predators have factor, nor do we have information on bullfrogs and crayfish, as prescribed in fluctuated in a similar manner, which the potential threat of overcollection or the CAS (NDOW 2000, p. A–12). This is indicates there is no population level of overutilization for commercial, accomplished by drawing down ponded effect that can be attributed to recreational, scientific, or educational areas that contain nonnative predators predation. This is consistent with the purposes. There is no information to and allowing them to be dry for a period way in which a metapopulation indicate this factor will become a threat of time long enough to kill the structure of interconnected populations to the species in the foreseeable future. nonnative predators and cause toads to functions; thus, in certain areas We find overutilization for commercial, move to nearby sites. Recently Amargosa toads may become extirpated, recreational, scientific, or educational completed and proposed habitat but repopulate those areas at a later purposes does not threaten the projects have incorporated the time. The capability of toads to move Amargosa toad. Based on a review of the capability of adding or removing water among these sites in response to threats best available scientific and commercial to allow sites to dry to remove or reduce and habitat condition allows toads to data, we find no indication that numbers of bullfrogs and crayfish, and coexist with nonnative predators. For overutilization for commercial, are designed to provide an advantage to instance, the population estimate for the recreational, scientific, or educational Amargosa toads including substrate Spicer property in 2009 increased from purposes is a threat to the Amargosa selection and water depth. One of the 53 to 167, even though it is a site where toad now or in the foreseeable future. goals of the CAS is to manage threats to crayfish and bullfrogs are abundant. The the Amargosa toad. We consider the increase in Amargosa toad numbers in Factor C. Disease or Predation CAS successful as considerable progress 2009 at the Spicer site is most likely a Disease has been made towards achieving this result of habitat improvements, which goal and addressing threats to the demonstrates the success of habitat Chytridiomycosis is an infectious Amargosa toad under Factor C. condition. We are unaware of any disease of amphibians caused by the The life history of the toads further extirpations that can be attributed to chytrid fungus Batrachochytrium reduces the threat of nonnative crayfish or bullfrogs, but Amargosa dendrobatidis. Although the fungus has predators. Under average conditions, toads have been extirpated or nearly been detected in bullfrogs in the Oasis toads produce tens or hundreds of extirpated from Lower Indian Spring Valley, it has not been detected in thousands of eggs, larvae, and toadlets and Crystal Spring as a result of poor Amargosa toad populations. Chytrid each year, most of which will not habitat conditions mostly due to fungus has been identified in western survive to adults with or without overgrowth of vegetation. toad (Anaxyrus boreas) populations in predatory pressure. In 2009, NDOW, TNC World Wide Colorado where western toad Although bullfrogs are known to Office, and Arizona Game and Fish occurrence is restricted to high occur at 10 of 18 sites occupied by Department provided funding to TNC to elevations (7,200 to 11,150 ft [2,200 to Amargosa toads, the monitoring data do develop crayfish removal strategies 3,400 m]; Muth et al. 2003, p. 358). The not indicate a declining toad population which included habitat characterization, Service and NDOW have no evidence trend. We have documented Amargosa crayfish distribution, and control that chytrid or other diseases are toads in the stomach contents of techniques in a five-state effort (AZ, affecting or will affect the Amargosa bullfrogs (ATWG 2003, p. 2). While NM, CA, UT, and NV). These studies are toad population. No sign of chytrid there is no coordinated control effort, currently under contract; the first phase fungus or other disease has been bullfrogs are removed from the is to be completed by June 30, 2010. observed in the hundreds of Amargosa Amargosa River and other sites We expect the current level of toads captured and inspected rangewide occupied by Amargosa toads during predation by crayfish and bullfrogs to every year since 1995. Further, no ill or population surveys. All toad habitat continue into the foreseeable future, but dying toads have been reported by improvement projects consider the do not consider this level of predation landowners or agency biologists. needs of the toad and select against a significant threat due to the life Population monitoring data do not bullfrogs. Bullfrogs generally require history characteristics of the Amargosa indicate a decline in Amargosa toad deeper, impounded perennial waters, toad and their ability to coexist with numbers. Therefore, we find disease is which are more limited than shallow nonnative predators and move among not a threat to the Amargosa toad now stream and spring outflow habitat in metapopulations. This determination is or in the foreseeable future. Oasis Valley. Observation and removal based on the Amargosa toad of bullfrogs from stream and spring Predation metapopulation structure; habitat outflows can be very effective in projects that select for toads; the life Predation of all life stages of the controlling bullfrog numbers. history of the toad; and 12 years of toad Amargosa toad by nonnative crayfish Since their introduction in the mid- population monitoring data that shows and bullfrogs is a threat to the Amargosa 1980s, nonnative crayfish have become toads can coexist with nonnative toad at the metapopulation level. established along most of the Amargosa predators. However, metapopulations of a species River and at seven spring sites occupied allow for the coexistence of predators by the Amargosa toad. We have no Predation by Fish Species and prey, or coexistence of competitors. Amargosa toad population data prior to The majority of habitats in Oasis While local extinctions may occur, the the introduction of crayfish, bullfrogs, Valley supporting Amargosa toad species may persist regionally if the or other nonnative Amargosa toad populations are not structurally capable metapopulation structure ensures that predators into Oasis Valley; therefore, of supporting the large-bodied predatory

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fish that would be capable of significant reducing or eliminating the threats to BLM sensitive species. This requires predation on Amargosa toads (NDOW the Amargosa toad under Factor C. BLM to ensure that actions they 2009, p. 4). Largemouth bass Therefore, after a review of the best authorize, fund, or carry out do not (Micropterus salmoides) are known to scientific and commercial information, contribute to the need to list the species occur in at least one pond on private we conclude disease and predation are as threatened or endangered (BLM property in Oasis Valley, but Amargosa not significant threats to the Amargosa Manual section 6840.06 C). The BLM’s toads are not a primary component of toad and are not likely to become Tonopah Resource Management Plan their diet. Black bullhead catfish significant threats in the foreseeable and Record of Decision (RMP) (Ictalurus melas) and Amargosa toads future. This determination is based on determined that habitat for BLM have co-occurred at one pond on private the absence of signs of disease; sensitive species be managed to land at the Harlan-Keal site for at least Amargosa toad metapopulation maintain or increase current 10 years; however, the pond dried structure; habitat projects that select for populations of these species (BLM 1997, during the summer 2009, and catfish are toads; the life history of the toad; and 12 p. 9). not expected to persist at this site. years of toad population monitoring The petitioners identified privately Therefore, we do not consider data that shows toads can coexist with owned Amargosa toad habitat and the largemouth bass or catfish to be a nonnative predators. lack of a final master plan for the Oasis significant threat to the Amargosa toad Factor D. The Inadequacy of Existing Valley as potential threats to the toad. now or in the foreseeable future. Regulatory Mechanisms Considering the limited extent and use Mosquito fish (Gambusia affinis) have of private lands in Oasis Valley, a been introduced into waters of Oasis The petitioners claim the existing master plan would likely be Valley and occur at most sites occupied regulatory mechanisms, including unnecessary to guide development. by toads. Mosquito fish have been Nevada State law protections, have been However, on November 3, 2009, the Nye observed to prey on eggs of the arroyo ineffective in preventing the decline of County Board of County Commissioners toad (Anaxyrus (=Bufo) californicus; and mitigating the principal threats to approved the Beatty Open Space Plan Lannoo 2005, p. 399) and may also prey the species. The petitioners claim that (Stantec Consulting 2009, pp. 1–45 plus on Amargosa toad eggs. During our the State of Nevada fails to provide appendices). This final plan provides review of the status of the Amargosa adequate protection for the Amargosa the framework by which the County toad, no information was available that toad through existing statutes, may pursue more specific actions to suggests mosquito fish are important particularly regarding permit predators of toad eggs. No observations exemptions for residential groundwater preserve BLM land for the benefit of the of mosquito fish preying on toad eggs use up to 1,800 gallons per day (CBD Town of Beatty and private land for the have been reported during the 12 years and PEER 2008, pp. 20 and 28). preservation of Amargosa toad habitat of population monitoring. NDOW is Generally, domestic wells that draw less and a walking trail along the Amargosa actively working with a variety of than 1,800 gallons per day do not River. Open space in the plan is defined partners, including Nye County, to limit require a permit (NRS 534.180). as land that is not intensively developed the use and distribution of mosquito However, the NSE may require the for residential, commercial, industrial, fish in the Oasis Valley and to develop registration of domestic wells in certain or institutional use. The plan identifies alternative vector control strategies that groundwater basins that it designates 26,778 ac (10,837 ha) of land do not use mosquito fish as the control and may limit the amount of administered by the BLM as open space, agent. We have no information to groundwater extracted from a permitted which includes most of the range of the indicate that the presence of, or well to an amount below the full Amargosa toad (Stantec Consulting predation by, mosquito fish is a permitted amount under certain 2009, Appendix A). The broad goals for significant threat to the Amargosa toad conditions. No declines in groundwater the Beatty Open Space Plan as defined or that such predation will become a levels or toad numbers have been by the stakeholders include: Install threat in the foreseeable future. observed at monitored sites as a result signage and implement a community- of groundwater pumping. In our review wide education program on the Summary of Factor C in Factor A, we concluded that importance of staying out of the Based on a review of the best Amargosa toad populations have not riverbed, particularly with ATVs, to available scientific and commercial been affected and are not likely to protect the toad habitat; protect data, we find no indication of a become affected by groundwater sensitive habitats; and identify potential threat of disease. We have no extraction. Groundwater use is currently appropriate activities in Amargosa toad reason to conclude disease is currently consistent with historic use and will not habitat (Stantec Consulting 2009, p. 24). or will become a threat to the species in likely increase due to lack of growth in As a signatory to the CAS, Nye County the foreseeable future, due to an absence the area. committed to coordinate conservation of sign of disease in Amargosa toads. The Amargosa toad was classified as with the local community such as Predation by bullfrogs, crayfish, and a protected amphibian by the State of development of the open space plan mosquito fish continues to affect Nevada through an action of the Nevada (NDOW 2000, p. A–15). We conclude Amargosa toad populations but not to Board of Wildlife Commissioners in that the completion of a final open an extent that threatens the species. 1998, under authority of NAC 503.075, space plan is an important conservation Largemouth bass do generally occur in and NAC 503.090 provides that no open achievement that demonstrates the waters occupied by toads and do not season shall be designated for species of cooperative relationship and strong substantially affect the toad. Based on resident wildlife classified as protected partnership among all levels of the best scientific information available, which includes collection or possession. government, Beatty landowners, and the there is no indication that predation is Through NDOW, the State plays an Beatty community. Adoption of an open resulting in negative population wide important role in ensuring conservation space plan and BLM’s protection of effects. Completed actions prescribed in actions are achieved for this species Amargosa toad habitat through the CAS to conserve the Amargosa toad under these and other authorities. implementation of the Tonopah RMP have been shown to be successful in The Amargosa toad is designated by provide some mechanisms that reduce meeting the objectives in the CAS and the BLM Nevada State Director as a the potential threats to the species.

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Summary of Factor D after localized population extirpations. are threats to the Amargosa toad because We have reviewed the best available Therefore, we conclude that the small of the limited distribution of the toad. scientific and commercial information, range and population size of the species Major flood events have occurred in the and conclude that the Amargosa toad is is not a significant threat to the species, Amargosa River; however, Amargosa not threatened by the existence of nor do we expect the range or toads continue to occur in the river and population size to decrease in the may benefit from the disturbance inadequate regulatory mechanisms. foreseeable future due for the reasons created by such events. Although floods There are no significant threats to the stated above. may result in short-term adverse effects species, and Amargosa toad populations to the Amargosa toad, the disturbance are stable based on annual population Climate Change created by flooding events may scour estimates. The Intergovernmental Panel on dense emergent vegetation and create Factor E. Other Natural or Manmade Climate Change (IPCC) has high and increase open water pools that are Factors Affecting Its Continued confidence in predictions that extreme preferred by the species. Existence weather events, warmer temperatures, Some studies suggest that amphibian and regional drought are very likely to responses to fire and associated habitat In our 90–day finding, we concluded increase in the northern hemisphere as alteration are species-specific, that natural or manmade factors, a result of climate change (IPCC 2007, incompletely understood, and variable particularly small populations, small pp. 15–16). Climate models show the among habitats and regions (Pilliod et range size, and environmental changes southwestern United States has al. 2003, p. 165). We found no due to climate change, could exacerbate transitioned into a more arid climate of information that any wildfire occurred threats identified under Factor A. In this drought that is predicted to continue in Amargosa toad habitat in recent 12–month finding, we determined that into the next century (Seager et al. 2007, history. However, controlled burns on no significant threats were found under p. 1181). In the past 60 years, the TNC properties have resulted in positive Factor A. frequency of storms with extreme responses by toads by reducing Small Range and Population Size precipitation has increased in Nevada emergent aquatic vegetation and by 29 percent (Madsen and Figdor 2007, providing open water (ATWG 2009, p. The range of the Amargosa toad is p. 37). Changes in local southern 3) that is beneficial to the species. approximately 8,440 ac (3,416 ha) and Nevada climatic patterns cannot be The metapopulation structure of the the rangewide total number of adult definitively tied to global climate Amargosa toad allows local extirpations toads is estimated at 2,500 to 4,000 change; however, they appear to be and recolonization following stochastic toads. No reductions in the range of the consistent with IPCC-predicted patterns events. Such fluctuation in Amargosa Amargosa toad have been documented. of extreme precipitation, warmer than toad numbers has been observed after Although no historic estimates of average temperatures, and drought. prescribed burns and habitat population size are known (NDOW Information on specific effects from improvement projects that resulted in 2009, p. 1), there is also no indication climate change to the Amargosa toad disturbance to Amargosa toad habitat. that historical population levels were and to individual habitats and aquatic Drought effects on the Amargosa toad significantly higher than current levels. systems is not available, and effects are may include a reduction of surface Population data collected over the past difficult to predict and likely to vary water, prey, and wetland habitat; 12 years show 5 years of population from site to site over time. However, as however, we found no evidence of long- increases, 6 years of declines, and data detailed under Factor A, previous term effects to the Amargosa toad as a for 2000 was essentially the same as habitat improvements on the Amargosa result of drought. We expect stochastic 1999; no declines occurred over any River, Harlan-Keal, Mullin, and Spicer events to occur periodically in the consecutive 3–year period (Hobbs 2009, sites have all resulted in substantial future; however toads may benefit from p. 2). Amargosa toad data collected by positive responses by Amargosa toads. the disturbance. If the number of toads NDOW as prescribed in the CAS To meet objectives under the CAS, at a given site is reduced or toads (NDOW 2000, p. A–13), and as part of Amargosa toad conservation partners become extirpated from a site, we the mark-recapture program document have implemented design strategies and expect recolonization to occur from individual toad movements among are continuing to develop and other metapopulations. Therefore, we metapopulations and across dry desert implement appropriate strategies that do not expect stochastic events to be a uplands to remote Trespass Seep and build resiliency into habitat projects. threat to the toad in the foreseeable from the Harlan-Keal site to the river We conclude that continuing to future. south of Beatty (approximately 8 mi (13 maintain and actively manage the Contaminants km)). Amargosa toad metapopulations matrix of habitats that support the are mostly limited by habitat conditions. population of the Amargosa toad Radiation poisoning through Amargosa toads disperse among sites reduces the potential threat of climate groundwater contamination from atomic when habitat conditions are suitable, change to the toad to the extent that testing on the Nevada Test Site (NTS) and Amargosa toad numbers at any Amargosa toads will continue to occupy was cited as a threat by the petitioners given site can range from historic lows most sites currently occupied by the (CBD and PEER 2008, p. 21). The to record highs in one year (Hobbs 2009, species which will continue into the movement of radiation in groundwater pp. 1–6). Small population and small foreseeable future. In the absence of in Oasis Valley is currently being range sizes are not necessarily threats to active management, several spring sites studied. Geologic faults allow alluvial a species. With the ability to move may become degraded; however, the groundwater connection between the across large expanses of unsuitable river and larger spring sites are expected Amargosa River and the Pahute Mesa habitat, and recolonize suitable habitat to maintain their function to provide the aquifer, which includes areas used for patches, the Amargosa toad exhibits a ecological needs for the species. atomic testing (Reiner et al. 2002, p. 61). classic and strong metapopulation There have been no reports of abnormal structure. This allows the Amargosa Stochastic Events toads, reduced reproduction, or death of toad to take advantage of newly The petitioners claim stochastic multiple toads at any given site that available resources, or quickly rebound events such as drought, floods, and fires would suggest radiation or contaminant

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effects. In 2006, DOE contracted information regarding the CAS in the responds to the factor in a way that sampling of nine wells and three springs background section of this finding. causes actual impacts to the species. If in Oasis Valley wells for radioactivity Based on implementation of various there is exposure to a factor, but no (tritium) in groundwater (DOE 2006, pp. conservation actions resulting from the response, or only a positive response, 4.1–4.30). The investigators concluded CAS as discussed in the factors above, that factor is not a threat. If there is that no groundwater (wells or springs) we find that the existence and exposure and the species responds sampled downgradient of the NTS, implementation of the CAS do not pose negatively, the factor may be a threat including Oasis Valley where Amargosa a threat to the species. and we then attempt to determine how toads occur, had been impacted by NTS significant a threat it is. If the threat is Summary of Factor E nuclear test operations as of 2006. In all significant, it may drive or contribute to cases, measured tritium levels in wells We have reviewed the best available the risk of extinction of the species such and springs sampled in Oasis Valley scientific and commercial information that the species warrants listing as were below or just above the laboratory and find that small range and threatened or endangered as those terms detection limit, and three orders of population size, climate change, are defined by the Act. This does not magnitude less than the U.S. stochastic events, or contaminants are necessarily require empirical proof of a Environmental Protection Agency not significant threats to the species. threat. The combination of exposure and established maximum contaminant level While we have no Amargosa toad some corroborating evidence of how the for drinking water. Because the Town of population estimates prior to the mid- species is likely impacted could suffice. Beatty uses groundwater from the Oasis 1990s, the best available information The identification of factors that could Valley, monitoring for potential indicates that the historic range of the impact a species negatively is not contaminants in groundwater will toad approximates its current range. sufficient to compel a finding that continue for human health. Based on Based on 12 years of population listing is appropriate; we require the available information, there is no monitoring data, toad populations evidence that these factors are operative indication that radioactive groundwater estimates are stable. The range and threats that act on the species to the is a concern for the Amargosa toad, or population numbers will not decrease in point that the species meets the that radioactive groundwater from the the foreseeable future in consideration definition of threatened or endangered Pahute Mesa aquifer will become a of the habitat improvements identified under the Act. threat to the toad in the foreseeable in Factor A and overall absence of We analyzed the potential threats to future. significant threats to the species. While the Amargosa toad including: Private The petitioners also assert that climate change effects are mostly land development resulting in habitat pollution of unknown levels on private uncertain, we conclude that sufficient loss and water use; groundwater land is a threat to the Amargosa toad resiliency has been provided to the toad development/extraction; habitat (CBD and PEER 2008, p. 25). During through project that established of a degradation including overgrowth of monitoring of toad populations from matrix of habitats and metapopulations. vegetation; grazing and trampling by 1998 to 2009 as prescribed in the CAS, Stochastic events will continue but will livestock; recreation and OHV activity; no environmental evidence was benefit the toads by providing invasive plants species; disease; observed to suggest that contaminants disturbance or result in recolonization predation by nonnative bullfrogs, from private lands are affecting from adjacent populations. Monitoring crayfish, and fishes; lack of regulatory Amargosa toads. Although Amargosa and oversight by the signatories of the control of residential groundwater toads have not been examined to assess CAS, ATWG, and local landowners will withdrawal; inadequate protection on contaminant levels, no Amargosa toad continue and detect any impacts to the privately owned land including lack of developmental anomalies or die-offs toad that may result from contaminants. a final master plan for the Oasis Valley; have been reported. Due to the high Therefore, we conclude that other small range and population size; climate level of monitoring and close proximity natural or manmade factors are not change; stochastic events; and to residents who consistently affecting the continued existence of the contaminants. communicate with the Service on the Amargosa toad, now or in the We found that habitat loss as a result Amargosa toad, we believe any foreseeable future. of development on private land is not a substantial threat to the Amargosa toad, detrimental environmental effects Finding would be observed and reported. and we do not believe that the toad Therefore, we conclude that As required by the Act, we considered population is declining rangewide. In contaminants are not a threat to the the five factors in assessing whether the addition, we found no indication that toad. We do not anticipate that Amargosa toad is threatened or the human population will increase contaminants will become a threat to endangered throughout all or a beyond historic levels, and we do not the toad in the foreseeable future due to significant portion of its range. We anticipate an increase in future use of our expectation that the metapopulation examined the best scientific and groundwater to support new residential structure will persist and monitoring commercial information available development in the Town of Beatty and will continue which would detect any regarding the past, present, and future Oasis Valley. Based on the volume, effects of contaminants at the level of threats faced by the Amargosa toad. We timing, and location of groundwater the individual or population. reviewed the petition, information withdrawal; historic use of The petitioners claim that the CAS available in our files and other available groundwater, and water-level failed to protect Amargosa toads and published and unpublished measurements, we concluded that water increase toad populations. The CAS is a information, and we consulted with use and development in Oasis Valley voluntary and non-regulatory recognized Amargosa toad experts and are not a substantial threat to the agreement. As discussed above, the CAS other Federal, State, local agencies, and Amargosa toad. Overgrowth of has proven to be an effective tool in nongovernment organizations. In vegetation in aquatic habitats is an furthering the long term conservation of considering what factors might ongoing management concern for the the species, as well as reducing or constitute threats, we must look beyond Amargosa toad because it can result in eliminating the threats to the species. the mere exposure of the species to the degraded habitat. However, various Please see our discussion for specific factor to determine whether the species tools, such as habitat improvement and

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enhancement projects, have been and nonnative predators. Therefore, we changed conditions from climate change continue to be implemented to manage conclude that disease or predation are in the future. No environmental this potential threat to the Amargosa not significant threats to the Amargosa evidence has been observed to suggest toad. Continued implementation of toad now or in the foreseeable future. that contaminants from private lands are conservation actions as outlined in the The Amargosa toad is classified as a affecting Amargosa toads. We believe CAS by regulatory agencies and a protected amphibian by the State of any detrimental environmental effects coalition of partners has reduced and Nevada under authority of NAC would be observed and reported to the continues to minimize threats to the 503.075, and it is also designated as a Service or NDOW. Continued Amargosa toad. Light to moderate BLM sensitive species in Nevada. implementation of conservation actions ungulate grazing and trampling are not Completion of a final open space plan as outlined in the 2000 CAS by NDOW, a substantial threat to the toad and for the Oasis Valley, approved by the other signatories, and a coalition of likely provide some benefit to the Nye County Board of Commissioners, partners has reduced and continues to habitat for the Amargosa toad. Excessive indicates a cooperative conservation minimize threats to the Amargosa toad. ungulate grazing in Amargosa toad effort among all levels of government, We conclude that other natural or habitat is localized and mostly occurs in Beatty landowners, and the Beatty manmade factors are not significant the Amargosa River channel south of community to protect Amargosa toad threats to the Amargosa toad now or in Beatty. Use by OHVs, particularly in wet habitat. the foreseeable future. areas (along the Amargosa River), can be The current range of the Amargosa Based on our review of the best an issue, especially when Amargosa toad is approximately the same, and available scientific and commercial toad eggs and tadpoles are present. possibly larger, than its historical range information pertaining to the five However, efforts have been undertaken as a result of conservation efforts factors, we find that the threats are not (e.g., rerouting of OHV races out of accomplished by the various entities of sufficient imminence, intensity, or habitat) or are proposed to reduce OHV working to ensure long-term magnitude to indicate that the Amargosa use in these areas so that OHV use is not conservation of the Amargosa toad. In toad is in danger of extinction a significant threat to the species. In summary, we concluded that inadequate (endangered), or likely to become addition, no spring sites have been regulatory mechanisms are not a threat endangered within the foreseeable identified that are substantially affected to the Amargosa toad now or in the future (threatened). Therefore, we find by OHV activity. Efforts to remove salt foreseeable future. that listing the Amargosa toad as a cedar and other nonnative, invasive The range and small population size threatened or endangered species is not plants from the Amargosa River of the toad have characterized the warranted. watershed have occurred since 2003. species during modern times with no Evaluation of Distinct Population Efforts will continue to remove salt significant changes. Current monitoring Segment (DPS) cedar and replace it with native shrubs efforts will continue and inform the and trees, which may improve toad ATWG and others of any habitat Having determined that the Amargosa habitat and increase toad numbers. We improvement needs for the species. toad does not meet the definition of a conclude that the present or threatened Climate change is likely to continue for threatened or endangered species, we destruction, modification, or the foreseeable future, but there is must next consider whether there are curtailment of toad habitat or its range substantial uncertainty as to how any segments within the population that is not a significant threat to the climate change will affect the Amargosa meet the Service’s DPS policy. Under Amargosa toad now or in the foreseeable toad and its habitat. We found no the DPS policy (61 FR 4722; February 7, future. information to suggest that climate 1996), three elements are considered in We found no information that change will result in an altered the decision concerning the overcollection or overutilization for landscape to the extent that it will establishment and classification of a commercial, recreational, scientific, or negatively affect Amargosa toads. possible DPS. These are applied educational purposes is a threat or will Stochastic events (such as floods, fire similarly for additions to or removal become a threat to the species in the and drought) have occurred on the from the Federal List of Endangered and future. Therefore, we find landscape where Amargosa toads occur Threatened Wildlife. These elements overutilization for commercial, in Oasis Valley. The metapopulation include: recreational, scientific, or educational structure of the Amargosa toad would (1) The discreteness of a population in purposes does not threaten the allow local extirpations as a result of relation to the remainder of the species Amargosa toad now or in the foreseeable these stochastic events, but also to which it belongs; future. recolonization following the events. (2) The significance of the population We also found no evidence that Controlled burns have resulted in segment to the species to which it chytrid or other diseases are affecting positive responses by Amargosa toads belongs; and the Amargosa toad population, and by reducing vegetation and providing (3) The population segment’s therefore, disease does not threaten the open water. By maintaining and actively conservation status in relation to the Amargosa toad. Predation by nonnative managing the matrix of habitats that Act’s standards for listing, delisting, or species has affected, and will continue support the population of the Amargosa reclassification (i.e., is the population to affect Amargosa toad populations; toad, the uncertainties and threats of segment endangered or threatened). however, metapopulations are allowing climate change and stochastic events Under the DPS Policy, we must first the coexistence of the Amargosa toad should be reduced. The ability to determine whether the population with predators and competitors. modify site conditions where Amargosa qualifies as a DPS; this requires a Amargosa toad populations appear to be toads occur in response to finding that the population is both: (1) generally stable over the long-term, environmental changes has been Discrete in relation to the remainder of including sites where toads coexist with demonstrated as a significant the species to which it belongs; and (2) nonnative predators and competitors. management tool for Amargosa toad biologically and ecologically significant Habitat projects have been designed and conservation efforts to address various to the species to which it belongs. If the constructed to provide an advantage to threats, including stochastic events and population meets the first two criteria Amargosa toads and reduce numbers of invasive species, as well as possible under the DPS policy, we then proceed

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to the third element in the process, further consideration. We found that from the Nevada Fish and Wildlife which is to evaluate the population there is no area within the range of the Office (see ADDRESSES section). segment’s conservation status in relation Amargosa toad where the potential Author(s) to the Act’s standards for listing as an threat of development or groundwater endangered or threatened species. The withdrawal is significantly concentrated The primary authors of this notice are DPS evaluation in this finding concerns or may be substantially greater than in staff with the Nevada Fish and Wildlife the Amargosa toad that we were other portions of the range. Some sites Office, Las Vegas. petitioned to list as threatened or including Crystal and Lower Indian Authority endangered. Springs may become overgrown with The authority for this section is Discreteness vegetation and cause the site to become unsuitable and require rehabilitation. section 4 of the Endangered Species Act Under the DPS Policy, a population Cattle and feral burros may provide the of 1973, as amended (16 U.S.C. 1531 et segment of a vertebrate taxon may be necessary disturbance to improve and seq.). considered discrete if it satisfies either maintain Amargosa toad habitat but may Dated: July 9, 2010 one of the following conditions: cause short-term overuse of some sites. Wendi Weber, (1) It is markedly separated from other Use by OHVs may cause localized Acting Director, Fish and Wildlife Service. populations of the same taxon as a impacts but we do not anticipate these consequence of physical, physiological, [FR Doc. 2010–17647 Filed 7–19– 10; 8:45 am] effects to result in population declines. BILLING CODE S ecological, or behavioral factors. Although nonnative toad predators such Quantitative measures of genetic or as crayfish, bullfrogs, and mosquito fish morphological discontinuity may occur throughout much of the range of DEPARTMENT OF THE INTERIOR provide evidence of this separation. (2) the toad and likely impact the toad to It is delimited by international some extent, we have found that toads Fish and Wildlife Service governmental boundaries within which have, and will continue to coexist with differences in control of exploitation, these predators. There is no indication 50 CFR Part 17 management of habitat, conservation that stochastic events, climate change, status, or regulatory mechanisms exist [Docket No. FWS–R8–ES–2009–0073] or environmental contaminants [92210–1117–0000–B4] that are significant in light of section differentially affect any given site. 4(a)(1)(D) of the Act. On the basis of our review, we found RIN 1018–AW54 no areas within the species’ range where Markedly Separated From Other Endangered and Threatened Wildlife threats are geographically concentrated. Populations of the Taxon and Plants; Revised Critical Habitat for The species is characterized by As described previously (see Species Brodiaea filifolia (Thread-leaved metapopulations across its range which Information above), the Amargosa toad Brodiaea) is characterized by metapopulations allows for an individual site to be across its range. Individual Amargosa extirpated and become repopulated AGENCY: Fish and Wildlife Service, toads move among these from neighboring populations. The Interior. metapopulations, and there is no factors affecting the species are ACTION: Proposed rule; reopening of indication that physical, physiological, essentially uniform throughout its comment period. ecological, or behavioral barriers exist range, indicating that no portion of the SUMMARY: We, the U.S. Fish and that would render any portions of the Amargosa toad’s range warrants further Wildlife Service (Service), announce the species’ range markedly separate from consideration of possible threatened or reopening of the public comment period other portions. Furthermore, we have no endangered status. on our December 8, 2009, proposed quantitative data such as genetic We do not find that the Amargosa revised designation of critical habitat for information to suggest any portions of toad is in danger of extinction now, nor Brodiaea filifolia (thread-leaved the species to be markedly separate from is it likely to become endangered within brodiaea) under the Endangered Species others. Therefore, we conclude there are the foreseeable future throughout all or Act of 1973, as amended. We also no portions of the species’ range that a significant portion of its range. announce the availability of a draft meet the discreteness criterion of the Therefore, listing the Amargosa toad as economic analysis (DEA) and an Service’s DPS policy. Since both threatened or endangered under the Act amended required determinations discreteness and significance are is not warranted throughout all or a section of the proposal. We are required to satisfy the DPS policy, we significant portion of its range at this reopening the comment period for an have determined that there are no time. additional 30 days to allow all populations of the Amargosa toad that We request that you submit any new interested parties an opportunity to qualify as a DPS under our policy. As information concerning the status of, or comment on all of the above. If you a result, no further analysis under the threats to, the Armargosa toad to our submitted comments previously, you do DPS policy is necessary. Nevada Fish and Wildlife Office (see ADDRESSES section) whenever it not need to resubmit them because we Significant Portion of the Range becomes available. New information have already incorporated them into the Having determined that the Amargosa will help us monitor the Amargosa toad public record and will fully consider toad does not meet the definition of a and encourage its conservation. If an them in our final determination. threatened or endangered species, we emergency situation develops for the DATES: We will consider public must next consider whether there are Amargosa toad, we will act to provide comments received on or before August any significant portions of the range immediate protection. 19, 2010. Any comments that we receive where the Amargosa toad is in danger of after the closing date may not be References Cited extinction or is likely to become considered in the final decision on this endangered in the foreseeable future. A complete list of references cited is action. We considered whether any portions available on the Internet at http:// ADDRESSES: You may submit comments of the Amargosa toad’s range warrant www.regulations.gov and upon request by one of the following methods:

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