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Department of the Interior Vol. 76 Tuesday, No. 196 October 11, 2011 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Tehachapi Slender Salamander as Endangered or Threatened; Proposed Rule VerDate Mar<15>2010 21:23 Oct 07, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11OCP2.SGM 11OCP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 62900 Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR Background solicited information to be provided in connection with the status review. Fish and Wildlife Service Section 4(b)(3)(B) of the Endangered We contracted with Robert Hansen, a Species Act of 1973, as amended (Act) recognized scientific expert on the 50 CFR Part 17 (16 U.S.C. 1531 et seq.), requires that, Tehachapi slender salamander, editor of for any petition to revise the Federal the Herpetological Review, and author Lists of Endangered and Threatened [FWS–R8–ES–2008–0087] of peer-reviewed papers on the species Species that contains substantial (Hansen 1980, pp. 1–50; Hansen and Endangered and Threatened Wildlife scientific or commercial information Stafford 1994, pp. 252–255; Hansen and and Plants; 12-Month Finding on a that listing the species may be Wake 2005, pp. 693–695), to develop a Petition To List the Tehachapi Slender warranted, we make a finding within 12 technical report (Hansen 2009, pp. 1– Salamander as Endangered or months of the date of receipt of the 30) addressing the species’ range and Threatened petition. In this finding, we will distribution relative to current and determine that the petitioned action is: foreseeable land uses to assess effects of AGENCY: Fish and Wildlife Service, (1) Not warranted, (2) warranted, or (3) habitat alteration on the salamander. Interior. warranted, but the immediate proposal This notice constitutes our 12-month ACTION: Notice of 12-month petition of a regulation implementing the finding on the February 28, 2006, finding. petitioned action is precluded by other petition to list the Tehachapi slender pending proposals to determine whether salamander as threatened or SUMMARY: We, the U.S. Fish and species are threatened or endangered, endangered. and expeditious progress is being made Wildlife Service (Service), announce a Species Description 12-month finding on a petition to list to add or remove qualified species from the Tehachapi slender salamander the Federal Lists of Endangered and Like others in the Family (Batrachoseps stebbinsi) as threatened Threatened Species. Section 4(b)(3)(C) Plethodontidae (the lungless or endangered, under the Endangered of the Act requires that we treat a salamanders), the Tehachapi slender Species Act of 1973, as amended (Act). petition for which the requested action salamander breathes through its smooth, After review of all available scientific is found to be warranted but precluded thin skin. Species in the Batrachoseps and commercial information, we find as though resubmitted on the date of genus tend to have elongated bodies and that listing the Tehachapi slender such finding, that is, requiring a tails, and shorter limbs. Compared to salamander is not warranted. However, subsequent finding to be made within other species of attenuate Batrachoseps, we ask the public to submit to us any 12 months. We must publish these 12- the Tehachapi slender salamander has a new information that becomes available month findings in the Federal Register. relatively broad head, long legs, large feet, long toes, a robust body, and a concerning threats to the Tehachapi Previous Federal Actions slender salamander or its habitat at any short tail. Both front and hind feet time. On February 28, 2006, we received a contain four toes and are more webbed than other Batrachoseps species. The DATES: The finding announced in this petition, dated February 17, 2006, from Mr. Jeremy Nichols of Denver, Colorado, dorsal color may be dark red, brick red, document was made on October 11, or light or dark brown with light-tan or 2011. requesting that the Tehachapi slender salamander (Batrachoseps stebbinsi) be black patches that often form a band- ADDRESSES: This finding is available on listed as threatened or endangered in like pattern. The Tehachapi slender the Internet at http://www.regulations. accordance with section 4 of the Act. salamander is characterized by 19 gov at Docket Number FWS–R8–ES– The petition clearly identified itself as intercostal grooves on each side of the 2008–0087 and at http://www.fws.gov/ such and contained the name, address, body (Brame and Murray 1968, p. 19). ventura. Supporting documentation we and signature of the petitioning private The Tehachapi slender salamander is used in preparing this finding is citizen, as required in 50 CFR 424.14(a). sexually dimorphic. The average size of available for public inspection, by adult females is 2.24 inches (in) (57 In response to the petition, we sent a millimeters (mm), and adult males appointment, during normal business letter to the petitioner dated April 20, hours at the U.S. Fish and Wildlife average 2.13 in (54 mm) snout-to-vent 2006, explaining that we would not be length. Brame and Murray (1968, p. 18) Service, Ventura Fish and Wildlife able to address the petition until fiscal Office, 2493 Portola Road, Suite B, first described the species in 1968. year 2007. The reason for this delay was The Tehachapi slender salamander Ventura, CA 93003; telephone 805–644– that responding to existing court orders 1766; facsimile 805–644–3958. Please belongs in the genus Batrachoseps, one and settlement agreements for other of 25 genera in the subfamily submit any new information, materials, listing actions expended our listing or questions concerning this finding to Bolitoglossinae (Jockusch in litt. 2009a, funding. We also concluded in our April p. 2; Jockusch in litt. 2009b, p. 1). The the above address or via electronic mail 20, 2006, letter that emergency listing of (e-mail) at [email protected]. subgenus Batrachoseps (under the the Tehachapi slender salamander was genus Batrachoseps) consists of four FOR FURTHER INFORMATION CONTACT: not warranted. We were delayed in groups or clades (a nontaxonomic rank Michael McCrary, Listing and Recovery responding to the petition until funding based on genetic or morphological Program Coordinator, U.S. Fish and became available. comparisons) comprising 16 species and Wildlife Service, Ventura Fish and On April 22, 2009, the Service issued a few undescribed taxa all of which are Wildlife Office (see ADDRESSES) by its 90-day finding (74 FR 18336), adapted to fossorial (subterranean) and telephone at 805–644–7166; or by concluding that the petition presented semifossorial existences (Jockusch and facsimile at 805–644–3958. Persons who substantial scientific or commercial Wake 2002, pp. 362, 380). The four use a telecommunications device for the information to indicate that listing the groups are attenuatus, nigriventris, deaf (TDD) may call the Federal Tehachapi slender salamander may be pacificus, and relictus (Jockusch in litt. Information Relay Service (FIRS) at warranted. We also announced the 2009a, p. 1). The Tehachapi slender 800–877–8339. initiation of a status review to determine salamander belongs in the nigriventris SUPPLEMENTARY INFORMATION: if listing the species is warranted and group, along with the black-bellied VerDate Mar<15>2010 21:23 Oct 07, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\11OCP2.SGM 11OCP2 srobinson on DSK4SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Proposed Rules 62901 slender salamander (B. nigriventris), elevations (Hansen and Wake 2005, p. Kuchta 2005, p. 266). The only gregarious slender salamander (B. 694). These salamanders retreat to documented predator of the Tehachapi gregarious), and Kern Canyon slender underground refugia (up to 3 feet (ft) slender salamander that we know of is salamander (B. simatus) (Jockusch in (0.9 meters (m)) below the surface) a ring-necked snake (Diadophis litt. 2009c, p. 1; Jockusch and Wake during the warmer months or during punctatus) (Burkhardt et al. 2001, p. 2002, p. 363). Based on genetic studies, periods of freezing temperatures and are 245). We are not aware of any the Tehachapi slender salamander is believed to aestivate during this time information about parasites or diseases considered to be closely related to the (Hansen and Wake 2005, p. 694; Hansen affecting this species or information Kern Canyon slender salamander in litt. 2009b, p. 1; Hansen 2010 pers. about symbiotic or mutualistic (Hansen and Stafford 1994, p. 252; comm.). interactions with other organisms. Jockusch and Wake 2002, p. 364). Specific information on the There are two known populations of reproductive biology and behavior of Habitat Characteristics Tehachapi slender salamander, the the Tehachapi slender salamander is Tehachapi slender salamanders are Caliente Canyon population and the unknown. There is no reported restricted to seasonally mesic Tehachapi Mountains population, both information on the size and age at microhabitats on north-facing slopes in of which are described in detail below sexual maturity, nesting behavior, otherwise dry regions of the Tehachapi under the Range and Distribution clutch size, or timing of egg hatching for Mountains and the southern end of the section. We examined information the Tehachapi slender salamander Sierra Nevada Mountains (Hansen and suggesting that the two populations may (Hansen and Wake 2005, p. 694). Wake 2005, p. 694). Suitable habitat represent separate species. We However, Hansen and Wake (2005, p. consists typically of shaded, north- evaluated information discussed by 694) suggest that eggs are likely laid facing slopes containing talus substrates Jockusch (1996, pp. 1–231) and underground well below the talus and or areas with considerable leaf litter or Jockusch and Wake (2002, pp. 361–391), leaf litter material.
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