Critical Habitat

Vol. 78 Thursday, No. 80 April 25, 2013

Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Sierra Nevada Yellow-Legged Frog, the Northern Distinct Population Segment of the Mountain Yellow-Legged Frog, and the Yosemite Toad; Proposed Rule

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DEPARTMENT OF THE INTERIOR under the Document Type heading, under the Endangered Species Act. In click on the Proposed Rules link to total, approximately 447,341 hectares Fish and Wildlife Service locate this document. You may submit (1,105,400 acres) are being proposed for a comment by clicking on ‘‘Comment designation as critical habitat in Butte, 50 CFR Part 17 Now!’’ Plumas, Lassen, Sierra, Nevada, Placer, [Docket No. FWS–R8–ES–2012–0074; (2) By hard copy: Submit by U.S. mail El Dorado, Amador, Calaveras, Alpine, 4500030113] or hand-delivery to: Public Comments Mariposa, Mono, Madera, Tuolumne, Processing, Attn: FWS–R8–ES–2012– Fresno, and Inyo Counties, California. RIN 1018–AY07 0074; Division of Policy and Directives • We are proposing critical habitat for Management; U.S. Fish and Wildlife the northern DPS of the mountain Endangered and Threatened Wildlife Service; 4401 N. Fairfax Drive, MS yellow-legged frog under the and Plants; Designation of Critical 2042–PDM; Arlington, VA 22203. Endangered Species Act. In total, Habitat for the Sierra Nevada Yellow- We request that you send comments approximately 89,637 hectares (221,498 Legged Frog, the Northern Distinct only by the methods described above. acres) are being proposed for Population Segment of the Mountain We will post all comments on http:// designation as critical habitat in Fresno Yellow-Legged Frog, and the Yosemite www.regulations.gov. This generally and Tulare Counties, California. Toad • means that we will post any personal We are proposing critical habitat for AGENCY: Fish and Wildlife Service, information you provide us (see the Yosemite toad under the Interior. Information Requested below for more Endangered Species Act. In total, approximately 303,889 hectares ACTION: Proposed rule. information). The coordinates or plot points or both (750,926 acres) are being proposed for SUMMARY: We, the U.S. Fish and from which the maps are generated are designation as critical habitat in Alpine, Wildlife Service, propose to designate included in the administrative record Tuolumne, Mono, Mariposa, Madera, critical habitat for the Sierra Nevada for this critical habitat designation and Fresno, and Inyo Counties, California. yellow-legged frog, the northern distinct are available at http://www.fws.gov/ The basis for our action. Under the population segment (DPS) (populations sacramento, www.regulations.gov at Act, any species that is determined to be that occur north of the Tehachapi Docket No. FWS–R8–ES–2012–0074, a threatened or endangered species Mountains) of the mountain yellow- and at the Sacramento Fish and Wildlife shall, to the maximum extent prudent and determinable, have habitat legged frog, and the Yosemite toad Office (see FOR FURTHER INFORMATION designated that is considered to be under the Endangered Species Act of CONTACT). Any additional tools or critical habitat. Section 4(b)(2) of the 1973, as amended (Act). In total, we supporting information that we may Endangered Species Act states that the propose to designate as critical habitat develop for this critical habitat Secretary shall designate and make approximately 447,341 hectares designation will also be available at the revisions to critical habitat on the basis (1,105,400 acres) for the Sierra Nevada Fish and Wildlife Service Web site and of the best available scientific data after yellow-legged frog in Butte, Plumas, Field Office set out above, and may also taking into consideration the economic Lassen, Sierra, Nevada, Placer, El be included in the preamble and/or at impact, national security impact, and Dorado, Amador, Calaveras, Alpine, www.regulations.gov. Mariposa, Mono, Madera, Tuolumne, any other relevant impact of specifying FOR FURTHER INFORMATION CONTACT: Jan any particular area as critical habitat. Fresno, and Inyo Counties, California; Knight, Acting Field Supervisor, U.S. approximately 89,637 hectares (221,498 The Secretary may exclude an area from Fish and Wildlife Service, Sacramento critical habitat if he determines that the acres) for the northern DPS of the Fish and Wildlife Office, 2800 Cottage mountain yellow-legged frog in Fresno benefits of such exclusion outweigh the Way Room W–2605, Sacramento, CA benefits of specifying such area as part and Tulare Counties, California; and 95825; by telephone 916–414–6600; or approximately 303,889 hectares of the critical habitat, unless he by facsimile 916–414–6712. Persons determines, based on the best scientific (750,926 acres) for the Yosemite toad in who use a telecommunications device Alpine, Tuolumne, Mono, Mariposa, data available, that the failure to for the deaf (TDD) may call the Federal designate such area as critical habitat Madera, Fresno, and Inyo Counties, Information Relay Service (FIRS) at California. will result in the extinction of the 800–877–8339. species. DATES: We will accept comments SUPPLEMENTARY INFORMATION: We will seek peer review. We are received or postmarked on or before Executive Summary seeking comments from knowledgeable June 24, 2013. Comments submitted individuals with scientific expertise to electronically using the Federal Why we need to publish a rule. Under review our analysis of the best available eRulemaking Portal (see ADDRESSES the Act, critical habitat shall be science and application of that science below) must be received by 11:59 p.m. designated, to the maximum extent and to provide any additional scientific Eastern Time on the closing date. We prudent and determinable, for any information to improve this proposed must receive requests for public species determined to be an endangered rule. Because we will consider all hearings, in writing, at the address or threatened species under the Act. comments and information received shown in the FOR FURTHER INFORMATION Designations and revisions of critical during the comment period, our final CONTACT section by June 10, 2013. habitat can only be completed by determination may differ from this ADDRESSES: You may submit comments issuing a rule. proposal. by one of the following methods: This rule proposes to designate (1) Electronically: Go to the Federal critical habitat for the Sierra Nevada Information Requested eRulemaking Portal: http:// yellow-legged frog, the northern distinct We intend that any final action www.regulations.gov. In the Search box, population segment of the mountain resulting from this proposed rule will be enter Docket No. FWS–R8–ES–2012– yellow-legged frog, and the Yosemite based on the best scientific data 0074, which is the docket number for toad. available and be as accurate and as this rulemaking. Then, in the Search • We are proposing critical habitat for effective as possible. Therefore, we panel on the left side of the screen, the Sierra Nevada yellow-legged frog request comments or information from

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other concerned governmental agencies, proposed designation that are subject to critical habitat by September 30, 2013. Native American tribes, the scientific these impacts. This is the proposed rule to designate community, industry, or any other (6) Whether any specific areas critical habitat for these species. interested parties concerning this proposed for critical habitat designation Background proposed rule. We particularly seek should be considered for exclusion comments concerning: under section 4(b)(2) of the Act, and It is our intent to discuss below only (1) The reasons why we should or whether the benefits of potentially those topics directly relevant to the should not designate habitat as critical excluding any specific area outweigh designation of critical habitat for the habitat under section 4 of the Act (16 the benefits of including that area under Sierra Nevada yellow-legged frog, the U.S.C. 1531 et seq.), including whether section 4(b)(2) of the Act. northern DPS of the mountain yellow- there are threats to these species from (7) Whether our approach to legged frog and the Yosemite toad in human activity, the degree of which can designating critical habitat could be this section of the proposed rule. For be expected to increase due to the improved or modified in any way to more information on these species’ designation, and whether that increase provide for greater public participation taxonomy, life history, habitat, and in threat outweighs the benefit of and understanding, or to assist us in population descriptions, refer to the 12- designation such that the designation of accommodating public concerns and month finding published January 25, critical habitat is not prudent. comments. 2007 (72 FR 34557) and the proposed (2) Specific information on: (8) The likelihood of adverse social listing rule published elsewhere in (a) The amount and distribution of reactions to the designation of critical today’s Federal Register for the Sierra Sierra Nevada yellow-legged frog, the habitat and how the consequences of Nevada yellow-legged frog and the northern DPS of the mountain yellow- such reactions, if likely to occur, would northern DPS of the mountain yellow- legged frog, and Yosemite toad, and relate to the conservation and regulatory legged frog and the 12-month finding their habitats; benefits of the proposed critical habitat published in December 10, 2002 (67 FR (b) What may constitute ‘‘physical or designation. 75834) and the proposed listing rule biological features essential to the You may submit your comments and published elsewhere in today’s Federal conservation of the species,’’ within the materials concerning this proposed rule Register for the Yosemite toad. geographical range currently occupied by one of the methods listed in the Critical habitat is defined in section 3 by the species; ADDRESSES section. We request that you of the Act as: send comments only by the methods (1) The specific areas within the (c) Where these features are currently described in the ADDRESSES section. geographical area occupied by the found; We will post your entire comment— species, at the time it is listed in (d) Whether any of these features may including your personal identifying accordance with the Act, on which are require special management information—on http:// found those physical or biological considerations or protection; www.regulations.gov. You may request features (e) What areas occupied at the time of at the top of your document that we (a) Essential to the conservation of the listing and that contain features withhold personal information such as species and essential to the conservation of these your street address, phone number, or (b) Which may require special species should be included in the email address from public review; management considerations or designation, and why; and however, we cannot guarantee that we protection; and (f) What areas not occupied at the will be able to do so. (2) specific areas outside the time of listing are essential for the Comments and materials we receive, geographical area occupied by a species conservation of these species, and why. as well as supporting documentation we at the time it is listed, upon a (3) Land use designations and current used in preparing this proposed rule, determination that such areas are or planned activities in the areas will be available for public inspection essential for the conservation of the occupied by the species or proposed to on http://www.regulations.gov, or by species. be designated as critical habitat, and appointment, during normal business Conservation, as defined under possible impacts of these activities on hours, at the U.S. Fish and Wildlife section 3 of the Act, means to use and these species and their proposed critical Service, Sacramento Fish and Wildlife the use of all methods and procedures habitats. Office (see FOR FURTHER INFORMATION that are necessary to bring an (4) Information on the projected and CONTACT). endangered or threatened species to the reasonably likely impacts of climate point at which the measures provided change on the Sierra Nevada yellow- Previous Federal Actions pursuant to the Act are no longer legged frog, the northern DPS of the Please see the proposed listing rule necessary. Such methods and mountain yellow-legged frog, and the published elsewhere in today’s Federal procedures include, but are not limited Yosemite toad, and on their proposed Register for a complete history of to, all activities associated with critical habitats. We also seek previous Federal actions. scientific resources management such as information on special management On September 9, 2011, the U.S. research, census, law enforcement, considerations or protection that may be District Court for the District of habitat acquisition and maintenance, needed in the proposed critical habitat Columbia approved a settlement propagation, live trapping, and areas, including management for the agreement laying out a multi-year listing transplantation, and, in the potential effects of climate change. work plan for addressing candidate extraordinary case where population (5) Any probable economic, national species, including the Sierra Nevada pressures within a given ecosystem security, or other relevant impacts that yellow-legged frog, the northern distinct cannot be otherwise relieved, may may result from designating any area as population segment of the mountain include regulated taking. critical habitat that may be included in yellow-legged frog, and the Yosemite Critical habitat receives protection the final designation. We are toad. As part of this agreement, the under section 7 of the Act through the particularly interested in any impacts Service agreed to publish a proposed requirement that Federal agencies on small entities, and the benefits of rule in the Federal Register on whether ensure, in consultation with the Service, including or excluding areas from the to list these species and designate that any action they authorize, fund, or

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carry out is not likely to result in the inadequate to ensure the conservation of protections and conservation tools will destruction or adverse modification of the species. continue to contribute to recovery of critical habitat. Section 4 of the Act requires that we these species. Similarly, critical habitat The designation of critical habitat designate critical habitat on the basis of designations made on the basis of the does not affect land ownership or the best scientific data available. best available information at the time of establish a refuge, wilderness, reserve, Further, our Policy on Information designation will not control the preserve, or other conservation area. Standards Under the Endangered direction and substance of future Such designation does not allow the Species Act (published in the Federal recovery plans, habitat conservation government or public to access private Register on July 1, 1994 (59 FR 34271)), plans (HCPs), or other species lands. Such designation does not the Information Quality Act (section 515 conservation planning efforts if new require implementation of restoration, of the Treasury and General information available at the time of recovery, or enhancement measures by Government Appropriations Act for these planning efforts calls for a non-Federal landowners. Where a Fiscal Year 2001 (Pub. L. 106–554; H.R. different outcome. landowner requests Federal agency 5658)), and our associated Information funding or authorization for an action Quality Guidelines provide criteria, Prudency Determination that may affect a listed species or establish procedures, and provide Section 4(a)(3) of the Act, as critical habitat, the consultation guidance to ensure that our decisions amended, and implementing regulations requirements of section 7(a)(2) of the are based on the best scientific data (50 CFR 424.12), require that, to the Act would apply, but even in the event available. They require our biologists, to maximum extent prudent and of a destruction or adverse modification the extent consistent with the Act and determinable, the Secretary designate finding, the obligation of the Federal with the use of the best scientific data critical habitat at the time the species is action agency and the landowner is not available, to use primary and original determined to be endangered or to restore or recover the species, but to sources of information as the basis for threatened. Our regulations (50 CFR implement reasonable and prudent recommendations to designate critical 424.12(a)(1)) state that the designation alternatives to avoid destruction or habitat. of critical habitat is not prudent when adverse modification of critical habitat. When we are determining which areas one or both of the following situations Under the first prong of the Act’s we should designate as critical habitat, exist: (1) The species is threatened by definition of critical habitat, areas our primary source of information is taking or other human activity, and within the geographic area occupied by generally the information developed identification of critical habitat can be the species at the time of listing are during the listing process for the expected to increase the degree of threat included in a critical habitat designation species. Additional information sources to the species, or (2) such designation of if they contain physical or biological may include articles in peer-reviewed critical habitat would not be beneficial features (1) that are essential to the journals, conservation plans developed to the species. conservation of the species and (2) that by States and counties, scientific status may require special management surveys and studies, biological There is currently no imminent threat considerations or protection. For these assessments, other unpublished of take attributed to collection or areas, critical habitat designations materials, or experts’ opinions or vandalism under Factor B for these identify, to the extent known using the personal knowledge. species, and identification and mapping best scientific and commercial data Habitat is dynamic, and species may of critical habitat is not expected to available, those physical or biological move from one area to another over initiate any such threat. In the absence features essential to the conservation of time. We recognize that critical habitat of finding that the designation of critical the species (such as space, food, cover, designated at a particular point in time habitat would increase threats to a and protected habitat). In identifying may not include all of the habitat areas species, if there are any benefits to a those physical and biological features that we may later determine are critical habitat designation, then a within an area, we focus on the necessary for the recovery of the prudent finding is warranted. Here, the principal biological or physical species. For these reasons, a critical potential benefits of designation constituent elements (primary habitat designation does not signal that include: (1) Triggering consultation constituent elements (PCEs), such as habitat outside the designated area is under section 7 of the Act, in new areas roost sites, nesting grounds, seasonal unimportant or may not be needed for for actions in which there may be a wetlands, water quality, tide, soil type) recovery of the species. Areas that are Federal nexus where it would not that are essential to the conservation of important to the conservation of the otherwise occur because, for example, it the species. species, both inside and outside the is or has become unoccupied or the Under the second prong of the Act’s critical habitat designation, will occupancy is in question; (2) focusing definition of critical habitat, we can continue to be subject to: (1) conservation activities on the most designate critical habitat in areas Conservation actions implemented essential features and areas; (3) outside the geographic area occupied by under section 7(a)(1) of the Act, (2) providing educational benefits to State the species at the time it is listed, upon regulatory protections afforded by the or county governments or private a determination that such areas are requirement in section 7(a)(2) of the Act entities; and (4) preventing people from essential for the conservation of the for Federal agencies to ensure their causing inadvertent harm to the species. species. For example, an area currently actions are not likely to jeopardize the Therefore, because we have determined occupied by the species but that was not continued existence of any endangered that the designation of critical habitat occupied at the time of listing may be or threatened species, and (3) the will not likely increase the degree of essential to the conservation of the prohibitions of section 9 of the Act if threat to the species and may provide species and may be included in the actions occurring in these areas may some measure of benefit, we find that critical habitat designation. We affect the species. Federally funded or designation of critical habitat is prudent designate critical habitat in areas permitted projects affecting listed for the Sierra Nevada yellow-legged outside the geographic area occupied by species outside their designated critical frog, northern DPS of the mountain a species only when a designation habitat areas may still result in jeopardy yellow-legged frog and the Yosemite limited to its present range would be findings in some cases. These toad.

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Critical Habitat Determinability physical or biological features are frogs have been observed to eat more Having determined that designation is essential to the Sierra Nevada yellow- aquatic true bugs (Order Hemiptera) prudent, under section 4(a)(3) of the Act legged frog, the northern DPS of the (Jennings and Hayes 1994, p. 77). Adult we must find whether critical habitat for mountain yellow-legged frog, and the mountain yellow-legged frogs have also the species is determinable. Our Yosemite toad: been found to eat Yosemite toad tadpoles (Mullally 1953, p. 183; Zeiner regulations at 50 CFR 424.12(a)(2) state Mountain Yellow-Legged Frog Complex et al. 1988, p. 88) and Pacific treefrog that critical habitat is not determinable Space for Individual and Population tadpoles (Pope 1999b, p. 163–164), and when one or both of the following Growth and for Normal Behavior they are also cannibalistic (Heller 1960, situations exist: Mountain yellow-legged frogs are p. 127; Vredenburg et al. 2005, p. 565). (i) Information sufficient to perform Mountain yellow-legged frog tadpoles highly aquatic (Stebbins 1951, p. 340; required analyses of the impacts of the graze on benthic detritus, algae, and Mullally and Cunningham 1956a, p. designation is lacking, or diatoms along rocky bottoms in streams, 191; Bradford et al. 1993, p. 886). (ii) The biological needs of the species lakes, and ponds (Bradford 1983, p. Although they tend to stay closely are not sufficiently well known to 1171; Zeiner et al. 1988, p. 88). associated with high-elevation water permit identification of an area as Tadpoles have also been observed bodies, they are capable of longer critical habitat. When critical habitat is cannibalizing eggs (Vredenburg 2000, p. distance travel, whether along stream not determinable, the Act allows the 170) and feeding on the carcasses of Service an additional year to publish a courses or over land in between dead metamorphosed frogs (Vredenburg critical habitat designation (16 U.S.C. breeding, foraging, and overwintering et al. 2005, p. 565). Other species may 1533(b)(6)(C)(ii)). habitat within lake complexes. compete with frogs and tadpoles for We reviewed the available Individuals may use different water limited food resources. Introduced information pertaining to the biological bodies or different areas within the fishes are the primary competitors, needs of the species and habitat same water body for breeding, foraging, reducing the available prey base for characteristics where the species is and overwintering (Matthews and Pope mountain yellow-legged frogs (Finlay located. This and other information 1999, pp. 620–623; Wengert 2008, p. and Vredenburg 2007, p. 2187). represent the best scientific data 18). Within water bodies, adults and The ecosystems utilized by mountain available and led us to conclude that the tadpoles prefer shallower areas and yellow-legged frogs have inherent designation of critical habitat is shelves (Mullally and Cunningham community dynamics that sustain the determinable for the Sierra Nevada 1956a, p. 191; Jennings and Hayes 1994, food web. Habitats, therefore, must yellow-legged frog, northern DPS of the p. 77) with solar exposure (features maintain sufficient water quality to mountain yellow-legged frog and the rendering these areas warmer (Bradford sustain the frogs within the tolerance Yosemite toad. 1984, p. 973), which also make them range of healthy individual frogs, as more suitable for prey species). High- Physical or Biological Features well as acceptable ranges for elevation habitats tend to have lower maintaining the underlying ecological In accordance with sections 3(5)(A)(i) relative productivity (suggesting community. These key physical and 4(b)(1)(A) of the Act and regulations populations are often resource limited), parameters include pH, temperature, at 50 CFR 424.12, in determining which as sufficient space is also needed to nutrients, and uncontaminated water. areas within the geographic area avoid competition with other frogs and The high-elevation habitats that support occupied by the species at the time of tadpoles for limited food resources. mountain yellow-legged frogs require listing to designate as critical habitat, Therefore, based on the information sufficient sunlight to warm the water we consider the physical or biological above, we identify high-elevation water where they congregate, and to allow features that are essential to the bodies, lake and pond complexes, and subadults and adults to sun themselves. conservation of the species and which adjacent lands within and proximate to Persistence of frog populations is may require special management water bodies utilized by extant frog dependent on a sufficient volume of considerations or protection. These metapopulations (mountain lakes and water feeding into their habitats to include, but are not limited to: streams) to be a physical or biological provide the aquatic conditions (1) Space for individual and feature needed by mountain yellow- necessary to sustain multiyear tadpoles population growth and for normal legged frogs to provide space for their through metamorphosis. This makes the behavior; individual and population growth and hydrologic basin (or catchment area) a (2) Food, water, air, light, minerals, or for normal behavior. critical source of water for supplying other nutritional or physiological downgradient habitats. The catchment Food, Water, Air, Light, Minerals, or requirements; area sustains water levels in lakes and Other Nutritional or Physiological (3) Cover or shelter; streams used by mountain yellow- Requirements (4) Sites for breeding, reproduction, or legged frogs via surface and ground rearing (or development) of offspring; Adult mountain yellow-legged frogs water transport, which are crucially and are thought to feed preferentially upon important for maintaining frog habitat. (5) Habitats that are protected from terrestrial insects and adult stages of Therefore, based on the information disturbance or are representative of the aquatic insects while on the shore and above, we identify sufficient quantity historical, geographic, and ecological in shallow water (Bradford 1983, p. and quality of source waters that distributions of a species. 1171); however, feeding studies on support habitat used by mountain We derive the specific physical or mountain yellow-legged frogs in the yellow-legged frogs (including the biological features required for the Sierra Nevada are limited. Remains balance of constituents to support a Sierra Nevada yellow-legged frog, the found inside the stomachs of mountain sustainable food web with a sufficient northern DPS of the mountain yellow- yellow-legged frogs in southern prey base), absence of competition from legged frog, and the Yosemite toad from California represented a wide variety of introduced fishes, exposure to solar studies of the species’ habitat, ecology, invertebrates, including beetles, ants, radiation, and shallow (warmer) areas or and life history as described below. We bees, wasps, flies, true bugs, and shelves within ponds or pools to be a have determined that the following dragonflies (Long 1970, p. 7). Larger physical or biological feature needed by

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mountain yellow-legged frogs to provide particular system). Finally, pre-breeding extent of the species’ ranges and for their nutritional and physiological adult frogs need access to these water sufficiently representative of the major requirements. bodies in cases where these populations genetic clades to be a physical or are utilizing different breeding and biological feature needed by the Cover or Shelter nonbreeding habitat. mountain yellow-legged frog. Mountain yellow-legged frogs require Therefore, based on the information conditions that allow for overwinter above, we find the persistence of Yosemite Toad survival, including lakes or pools within breeding and rearing habitats and access Space for Individual and Population streams that do not freeze to the bottom, to and from seasonal habitat areas Growth and for Normal Behavior or refugia within or adjacent to such (whether via aquatic or terrestrial systems (such as underwater crevices) migration) to be a physical or biological As summarized in the proposed so that overwintering tadpoles and frogs feature needed by the mountain yellow- listing determination published do not freeze or experience anoxic legged frog to allow successful elsewhere in today’s Federal Register, conditions during their winter reproduction and development of the Yosemite toad is commonly dormancy period (Bradford 1983, pp. offspring. associated with wet meadow habitats in 1173–1179; Matthews and Pope 1999, the Sierra Nevada of California. It pp. 622–623; Pope 1999a, pp. 42–43; Habitats Protected From Disturbance or occupies aquatic, riparian, and upland Vredenburg et al. 2005, p. 565). Cover Representative of the Historical, habitat throughout a majority of its for adults to protect themselves from Geographic, and Ecological range. Suitable habitat for the Yosemite terrestrial and avian predators is also an Distributions of the Species toad is created and maintained by the important habitat feature, especially in In addition to migration routes (areas natural hydrologic and ecological cases where aquatic habitat itself does that provide back and forth between processes that occur within the aquatic not provide adequate protection from habitat patches within the breeding habitats and adjacent upland terrestrial or avian predators due to metapopulation) without impediments areas. Yosemite toads have been insufficient water depth. Although across the landscape between proximal documented breeding in wet meadows cover within aquatic habitat may be ponds within the ranges of functional and slow-flowing streams (Jennings and important in the short term to avoid fish metapopulations, mountain yellow- Hayes 1994, pp. 50–53), shallow ponds, predation, the observation of low legged frogs require dispersal corridors and shallow areas of lakes (Mullally coexistence between introduced trout (areas for recolonization and range 1953, pp. 182–183). Upland habitat use and frog populations (Knapp 1996, pp. expansion of further areas) to reestablish varies among the different sexes and life 1–44) suggests that cover alone is populations in extirpated areas within stages of the toad (Morton and Pereyra insufficient to preclude extirpation by its current range to provide ecological 2010, p. 391); however, all Yosemite fish predation and competition. and geographic resiliency (USFS et al. toads utilize areas within at least 850 m Therefore, based on the information 2009, p. 35). Maintenance and (2,789 ft) of breeding sites for foraging above, we identify refuge from lethal reestablishment of such populations and overwintering, with juveniles overwintering conditions (freezing and across a diversity of ecological predominantly overwintering in close anoxia), physical cover from avian and landscapes is necessary to provide proximity to breeding areas (Martin terrestrial predators, and lack of sufficient protection against changing 2008, p. 154; Morton and Pereyra 2010, predation by introduced fishes to be a environmental circumstances (such as p. 391). physical or biological feature needed by climate change). This provides Yosemite toads must be able to move the mountain yellow-legged frog to functional redundancy to safeguard between aquatic breeding habitats, provide cover and shelter. against stochastic events (such as upland foraging sites, and overwintering wildfires), but this redundancy also may Sites for Breeding, Reproduction, or areas. Yosemite toads have been be necessary as different regions or Rearing (or Development) of Offspring documented to move a maximum of microclimates respond to changing 1.26 km (0.78 mi) between breeding and As described in the proposed listing climate conditions. determination published elsewhere in Establishing or maintaining upland habitats (Liang 2010, p. ii). today’s Federal Register, mountain populations across a broad geographic Based on observational data from three yellow-legged frogs are known to utilize area spreads out the risk to individual previous studies, Liang et al. (2010, p. habitats differently depending on season populations across the range of the 6) estimated the maximum travel (Matthews and Pope 1999, pp. 620–623; species, thereby conferring species distance for the Yosemite toad to be 1.5 Wengert 2008, p.18). Reproduction and resilience. Finally, protecting a wide km (0.9 mi). Upland habitat used for rearing requires water bodies (or range of habitats across the occupied foraging includes lush meadows with adequate refugia) that are sufficiently range of the species simultaneously herbaceous vegetation (Morton and deep that they do not dry out in summer maintains genetic diversity of the Pereyra 2010, p. 390), alpine-dwarf or freeze through in winter (except species, which protects the underlying scrub, red fir, lodgepole pine, and infrequently). Therefore, the conditions integrity of the major genetic clades subalpine conifer vegetation types within the catchment for these habitats (Vredenburg et al. 2007, pp. 370–371), (Liang 2010, p. 81), and the edges of must be maintained such that sufficient whose persistence is important to the talus slopes (Morton and Pereyra 2010, volume and timing of snowmelt and ecological fitness of these species as a p. 391). adequate transport of precipitation to whole (Allentoft and O’Brien 2010 pp. Therefore, based on the information these rearing water bodies sustain the 47–71; Johansson et al. 2007, pp. 2693– above, we identify both lentic (still) and appropriate balance of conditions to 2700). lotic (flowing) water bodies, including maintain mountain yellow-legged frog Therefore, based on the information meadows, and adjacent upland habitats life-history needs. Conditions that above, we identify dispersal routes with sufficient refugia (for example, determine the depth, siltation rates, or (generally fish free), habitat logs, rocks) and overwintering habitat persistence of these water bodies are key connectivity, and a diversity of high- that provide space for normal behavior determinants of habitat functionality quality habitats across multiple to be a physical or biological feature (within tolerance ranges of each watersheds throughout the geographic needed by Yosemite toads for their

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individual and population growth and seeps and springs, are necessary. dispersal corridors to utilize a wide for normal behavior. Yosemite toads also utilize rodent range of breeding habitats in order to burrows (Jennings and Hayes 1994, pp. provide ecological and geographic Food, Water, Air, Light, Minerals, or 50–53), as well as cover under surface resiliency in the face of changing Other Nutritional or Physiological objects and below willows, for environmental circumstances (for Requirements overwintering (Kagarise Sherman 1980, example, climate). This provides Little is known about the diet of pers. obs., as cited in Martin 2008, p. functional redundancy to safeguard Yosemite toad tadpoles. However, their 158). against stochastic events, such as diet presumably approximates that of Therefore, based on the information wildfires, but also may be necessary as related Anaxyrus species, and likely above, we identify surface objects, different regions or microclimates consists of microscopic algae, bacteria, rodent burrows, and other cover or respond to changing climate conditions. and protozoans. Given their life history, overwintering areas to be a physical or Maintaining populations across a broad it is logical to presume they are biological feature needed by the geographic extent also reduces the risk opportunistic generalists. Martin (1991, Yosemite toad to provide cover and of a stochastic event that extirpates pp. 22–23) reports tadpoles foraging on shelter. multiple populations across the range of detritus and plant materials (algae), but the species, thereby conferring species also identifies Yosemite toad tadpoles as Sites for Breeding, Reproduction or Rearing (or Development) of Offspring resilience. Finally, protecting a wider potential opportunistic predators, range of habitats across the occupied having observed them feeding on the As summarized above, Yosemite toads range of the species can assist in larvae of Pacific chorus frog and are prolific breeders that lay their eggs maintaining the genetic diversity of the predaceous diving beetle, that may have at snowmelt. Suitable breeding and species. been dead or live. The adult Yosemite embryonic rearing habitat generally Therefore, based on the information toad diet comprises a large variety of occurs in very shallow water at the above, we identify dispersal routes, insects, with Hymenoptera (ants, wasps, edges of meadows or in slow-flowing habitat connectivity, and a diversity of bees, sawflies, horntails) comprising the runoff streams, but also consists of habitats throughout the geographic largest proportion of the summer prey subalpine lentic and lotic habitats, extent of the species’ range that base (Martin 1991, pp. 19–22). including wet meadows, lakes, and sufficiently represent the distribution of The habitats utilized by the Yosemite small ponds, as well as shallow spring the species (including inherent genetic toad have inherent community channels, side channels, and sloughs. diversity) to be a physical or biological dynamics that sustain the food web. Eggs typically hatch within 4 to 6 days feature needed by the Yosemite toad. Habitats also must maintain sufficient (Karlstrom 1962, p. 19), with rearing water quality and moisture availability through metamorphosis taking Primary Constituent Elements (PCEs) for to sustain the toads throughout their life approximately 5 to 7 weeks after eggs the Mountain Yellow-Legged Frog stages, so that key physical parameters are laid (USFS et al. 2009, p. 250). These Complex and Yosemite Toad within the tolerance range of healthy times can vary depending on prey Under the Act and its implementing individual frogs, as well as acceptable availability, temperature, and other regulations, we are required to identify ranges for maintaining the underlying abiotic factors. the physical or biological features ecological community, are maintained. The suitability of breeding habitat essential to the conservation of the These parameters include, but are not may vary from year to year due mountain yellow-legged frog complex limited to, pH, temperature, primarily to the amount of precipitation and Yosemite toad in areas occupied at precipitation, slope, aspect, vegetation, and local temperatures. Given the the time of listing (in this case, areas and lack of anthropogenic contaminants variability of habitats available for that are currently occupied), focusing on at harmful concentrations. Yosemite breeding, the high site fidelity of the features’ PCEs. We consider PCEs to toad locations are associated with low breeding toads, an opportunistic be the elements of physical or biological slopes, specific vegetation types (wet breeding strategy, as well as the features that are essential to the meadow, alpine-dwarf shrub, montane importance of lotic systems during conservation of the species. chaparral, red fir, and subalpine periods of low precipitation (Roche et Mountain Yellow-Legged Frog Complex conifer), and certain temperature al. 2012, p. 60), Yosemite toads require regimes (Liang and Stohlgren 2011, p. a variety of aquatic habitats to Based on our current knowledge of 217). successfully maintain populations. the physical or biological features and Therefore, based on the information Therefore, based on the information habitat characteristics required to above, we identify sufficient quantities above, we identify both lentic and slow- sustain the species’ life-history and quality of source waters, adequate moving lotic aquatic systems that processes, we determine that the PCEs prey resources and the balance of provide sufficient temperature for specific to the Sierra Nevada and constituents to support the natural food hatching and that maintain sufficient northern DPS of the mountain yellow- web, low slopes, and specific vegetation water for metamorphosis (a minimum of legged frogs are: communities to be a physical or 4 weeks) to be a physical or biological (1) Aquatic habitat for breeding and biological feature needed by Yosemite feature needed by the Yosemite toad to rearing. Habitat that consists of toads to provide for their nutritional and allow for successful reproduction and permanent water bodies, or those that physiological requirements. development of offspring. are either hydrologically connected with, or close to, permanent water Cover or Shelter Habitats Protected From Disturbance or bodies, including, but not limited to, When not actively foraging, Yosemite Representative of the Historical, lakes, streams, rivers, tarns, perennial toads take refuge under surface objects, Geographic, and Ecological creeks (or permanent plunge pools including logs and rocks (Stebbins 1951, Distributions of the Species within intermittent creeks), pools (such pp. 245–248; Karlstrom 1962, pp. 9–10), In addition to migration routes as a body of impounded water and in rodent burrows (Liang 2010, p. without impediments between upland contained above a natural dam), and 95). Thus, areas of shelter interspersed areas and breeding locations across the other forms of aquatic habitat. This with other moist environments, such as landscape, Yosemite toads require habitat must:

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(a) Be of sufficient depth not to freeze (c) Aquatic refugia, including pools streams, shallow ponds, spring systems, solid (to the bottom) during the winter with bank overhangs, downfall logs or and shallow areas of lakes, that: (no less than 1.7 m (5.6 ft), but generally branches, or rocks to provide cover from (i) Are typically (or become) greater than 2.5 m (8.2 ft), and optimally predators; inundated during snowmelt, 5 m (16.4 ft) or deeper (unless some (d) Sufficient food resources to (ii) Hold water for a minimum of 5 other refuge from freezing is available)). provide for tadpole growth and weeks, and (b) Maintain a natural flow pattern, development; (iii) Contain sufficient food for including periodic flooding, and have (e) Overwintering refugee, where tadpole development. functional community dynamics in thermal properties of the microhabitat (b) During periods of drought or less order to provide sufficient productivity protect hibernating life stages from than average rainfall, these breeding and a prey base to support the growth winter freezing, such as crevices or sites may not hold water long enough and development of rearing tadpoles holes within granite, in and near shore; for individual Yosemite toads to and metamorphs. and/or complete metamorphosis, but they are (c) Be free of fish and other (f) Streams, stream reaches, or wet still considered essential breeding introduced predators. meadow habitats that can function as habitat because they provide habitat in (d) Maintain water during the entire corridors for movement between aquatic most years. tadpole growth phase (a minimum of 2 habitats used as breeding or foraging (2) Upland areas. (a) This habitat years). During periods of drought, these sites. consists of areas adjacent to or breeding sites may not hold water long (3) Upland areas. surrounding breeding habitat up to a enough for individuals to complete (a) Upland areas adjacent to or distance of 1.25 km (0.78 mi) in most metamorphosis, but they may still be surrounding breeding and nonbreeding cases (that is, depending on surrounding considered essential breeding habitat if aquatic habitat that provide area for landscape and dispersal barriers), they provide sufficient habitat in most feeding and movement by mountain including seeps, springheads, and areas years to foster recruitment within the yellow-legged frogs. that provide: reproductive lifespan of individual (i) For stream habitats, this area (i) Sufficient cover (including rodent adult frogs. extends 25 m (82 ft) from the bank or burrows, logs, rocks, and other surface (e) Contain: shoreline. objects) to provide summer refugia, (i) Bank and pool substrates (ii) In areas that contain riparian (ii) Foraging habitat, consisting of varying percentages of soil habitat and upland vegetation (for (iii) Adequate prey resources, or silt, sand, gravel, cobble, rock, and example, mixed conifer, ponderosa (iv) Physical structure for predator boulders; pine, montane hardwood conifer, and avoidance, (ii) Shallower lake microhabitat with montane riparian woodlands), the (v) Overwintering refugia for juvenile solar exposure to warm lake areas and canopy overstory should be sufficiently and adult Yosemite toads, to foster primary productivity of the thin (generally not to exceed 85 percent) (vi) Dispersal corridors between food web; to allow sunlight to reach the aquatic aquatic breeding habitats, (iii) Open gravel banks and rocks habitat and thereby provide basking (vii) Dispersal corridors between projecting above or just beneath the areas for the species. breeding habitats and areas of suitable surface of the water for adult sunning (iii) For areas between proximate summer and winter refugia and foraging posts; (within 300m (984 ft)) water bodies habitat, and/or (iv) Aquatic refugia, including pools (typical of some high mountain lake (viii) The natural hydrologic regime of with bank overhangs, downfall logs or habitats), the upland area extends from aquatic habitats (the catchment). branches, or rocks to provide cover from the bank or shoreline between such (b) These upland areas should also predators; and water bodies. allow maintain sufficient water quality (v) Sufficient food resources to (iv) Within mesic habitats such as to provide for the various life stages of provide for tadpole growth and lake and meadow systems, the entire the Yosemite toad and its prey base. development. area of physically contiguous or With this proposed designation of (2) Aquatic nonbreeding habitat proximate habitat is suitable for critical habitat, we intend to identify the (including overwintering habitat). This dispersal and foraging. physical or biological features essential habitat may contain the same (b) Upland areas (catchments) to the conservation of the species characteristics as aquatic breeding and adjacent to and surrounding both through the identification of the PCEs rearing habitat (often at the same locale), breeding and nonbreeding aquatic sufficient to support the life-history and may include lakes, ponds, tarns, habitat that provide for the natural processes of the species. All units and streams, rivers, creeks, plunge pools hydrologic regime (water quantity) of subunits proposed for designation as within intermittent creeks, seeps, and aquatic habitats. These upland areas critical habitat are currently occupied springs that may not hold water long should also allow for the maintenance by Sierra Nevada mountain yellow- enough for the species to complete its of sufficient water quality to provide for legged frogs, the northern DPS of the aquatic life cycle. This habitat provides the various life stages of the frog and its mountain yellow-legged frogs, or for shelter, foraging, predator avoidance, prey base. Yosemite toads, and contain the PCEs and aquatic dispersal of juvenile and sufficient to support the life-history adult mountain yellow-legged frogs. Yosemite Toad needs of the species. Aquatic nonbreeding habitat contains: Based on our current knowledge of (a) Bank and pool substrates the physical or biological features and Special Management Considerations or consisting of varying percentages of soil habitat characteristics required to Protection or silt, sand, gravel, cobble, rock, and sustain the species’ life-history When designating critical habitat, we boulders; processes, we determine that the PCEs assess whether the specific areas within (b) Open gravel banks and rocks specific to the Yosemite toad are: the geographic area occupied by the projecting above or just beneath the (1) Aquatic breeding habitat. (a) This species at the time of listing contain surface of the water for adult sunning habitat consists of bodies of fresh water, features that are essential to the posts; including wet meadows, slow-moving conservation of the species and that may

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require special management sustain populations currently in history model, and although they tend considerations or protection. decline. towards high site-fidelity, individuals The features essential to the within these populations can and do Criteria Used To Identify Critical conservation of the Sierra Nevada move through suitable habitat to take Habitat yellow-legged frog and northern DPS of advantage of changing conditions in a the mountain yellow-legged frog may As required by section 4(b)(2) of the dynamic fashion through space and require special management Act, we use the best scientific data time. Additional areas outside the considerations or protection to reduce available to designate critical habitat. aquatic habitat within each unit or the following threats: The persistence of We review available information subunit were incorporated to assist in introduced trout populations in pertaining to the habitat requirements of maintaining the hydrology of the essential habitat; the effects from water the species. In accordance with the Act aquatic features and to recognize the withdrawals and diversions; impacts and its implementing regulations at 50 importance of dispersal between associated with timber harvest and fuels CFR 424.12(e), we consider whether populations. In most instances, we reduction activities; impacts associated designating additional areas outside aggregated areas we know to be with livestock grazing; and intensive those currently occupied are necessary occupied, together with areas needed for use by recreationists, including to ensure the conservation of the hydrologic function and dispersal into packstock camping and grazing. species. single units or subunits as described at Management activities that could In the case of the mountain yellow- 50 CFR 424.12(d) of our regulations. ameliorate the threats described above legged frog complex and the Yosemite However, at any given moment, not all include (but are not limited to) toad, we are proposing to designate areas within each unit are being used by nonnative fish eradication; installation critical habitat in areas within the the species at all times, because, by of fish barriers; modifications to fish geographic areas that are currently definition, individuals within stocking practices in certain water occupied by the species (see ‘‘Current metapopulations move in space and bodies; physical habitat restoration; and Range and Distribution’’ section above). time. responsible management practices We are proposing to designate only For the purposes of this proposed covering potentially incompatible geographic areas occupied by the rule, we equate the geographical area activities, such as timber harvest and species because the present geographic occupied at the time of listing with the fuels management, water supply range is of similar extent to the historic current range for each of the species (50 development and management, range and therefore sufficient for the CFR 424.12). Therefore, we propose to livestock and packstock grazing, and conservation of the species. designate specific areas within the other recreational uses. These When determining proposed critical geographical area occupied at the time management practices will protect the habitat boundaries, we made every of listing (see criteria below) that are PCEs for the mountain yellow-legged effort to avoid including developed essential to the conservation of the frog by reducing the stressors currently areas such as lands covered by species and which may require special affecting population viability. buildings, pavement, and other management considerations or Additionally, management of critical structures because such lands lack protection pursuant to section 3(5)(A)(i) habitat lands will help maintain the physical or biological features for the of the Act. Within the current range of underlying habitat quality, foster mountain yellow-legged frog complex the species, to the best of our recovery, and sustain populations and the Yosemite toad. The scale of the knowledge, some watersheds may or currently in decline. maps we prepared under the parameters may not be actively utilized by extant The features essential to the for publication within the Code of frog populations, but we consider these conservation of the Yosemite toad may Federal Regulations may not reflect the areas to be occupied at the scale of the require special management exclusion of such developed lands. Any geographic range of the species. We use considerations or protection to reduce such lands inadvertently left inside the term utilized to refer to the finer the following threats: Impacts associated critical habitat boundaries shown on the geographic scale at the watershed or with timber harvest and fuels reduction maps of this proposed rule have been survey locality level of resolution. activity; impacts associated with excluded by text in the proposed rule For this proposed rule, we completed livestock grazing; the spread of and are not proposed for designation as the following basic steps to delineate pathogens; and intensive use by critical habitat. Therefore, if the critical critical habitat (specific methods follow recreationists, including packstock habitat is finalized as proposed, a below): camping and grazing. Federal action involving these lands (1) We compiled all available data Management activities that could would not trigger section 7 consultation from observations of Sierra Nevada ameliorate the threats described above with respect to critical habitat and the yellow-legged frog, northern DPS of the include (but are not limited to) physical requirement of no adverse modification mountain yellow-legged frog, and habitat restoration and responsible unless the specific action would affect Yosemite toad; management practices covering the physical or biological features in the (2) We identified, based on the best potentially incompatible beneficial uses adjacent critical habitat. available science, populations that are such as timber harvest and fuels We are proposing for designation of extant at the time of listing (current) management, water supply development critical habitat units that we have versus those that are extirpated; and management, livestock and determined based on the best available (3) We identified areas containing the packstock grazing, and other scientific and commercial information components comprising the PCEs that recreational uses. These management are known to be currently occupied and may require special management activities will protect the PCEs for the contain the primary constituent considerations or protection; Yosemite toad by reducing the stressors elements of the physical or biological (4) We circumscribed boundaries of currently affecting population viability. features essential to the conservation of potential critical habitat units based on Additionally, management of critical the mountain yellow-legged frog the above information; and habitat lands will help maintain or complex and the Yosemite toad (under (5) We removed all areas practicable enhance the necessary environmental section 3(5)(A)(i) of the Act). These that did not have the specific PCE components, foster recovery, and species exhibit a metapopulation life- components, and therefore are not

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considered essential to the conservation radiotelemetry (see derivation below). empirical data to derive our boundaries, of the Sierra Nevada yellow-legged frog, Watersheds containing PCEs (indicating but erred towards the maxima, for northern DPS of the mountain yellow- high-quality habitat), and with multiple reasons explained below. legged frog, or Yosemite toad. and repeated positive survey records These empirical results may not Specific criteria and methodology spread throughout the habitat area, were necessarily be applied across the range used to determine proposed critical completely included. If two contiguous of the mountain yellow-legged frog. It is habitat unit boundaries are discussed by subareas within adjacent watersheds likely that movement is largely a species below. (one utilized and one not known to be function of the underlying habitat mosaic particular to each location. Mountain Yellow-Legged Frog Complex utilized) had a predominance of PCEs indicating high-quality habitat, the Available data are limited to the two (1) Data Sources: habitat was included up to studies of different species spanning We obtained observational data from approximately 3 km (1.9 mi) of the distinct habitat types. Therefore, the following sources to include in our survey location. These areas are generalizations across the range are may Geographic Information System (GIS) considered essential to conservation and not be inaccurate; however, two points database for mountain yellow-legged recovery, because they are presumed to are evident. First, although mountain frog: (a) Surveys of the National Parks be within the dispersal capacity of yellow-legged frogs are known to be within the range of the mountain extant frog metapopulations or their highly associated with aquatic habitat yellow-legged frog, including progeny. and to exhibit high site-fidelity information collected by R. Knapp and (Stebbins 1951, p. 340; Mullally and Two detailed movement studies using G. Fellers; (b) CDFG Sierra Lakes Cunningham 1956a, p. 191; Bradford et radiotelemetry have been completed for Inventory Project survey data; (c) al. 1993, p. 886; Pope 1999a, p. 45), they mountain yellow-legged frogs from SNAMPH survey data from the USFS; do have the capacity to move relatively which movement and home range data and (d) unpublished data collected by large distances, even within a single may be derived. One, focused on the professional biologists during season. Our criteria for deriving critical mountain yellow-legged frog, occurred systematic surveys. Collectively, our habitat units, therefore, must not only in a lake complex in Dusy Basin in survey data spanned August 1993 take into account dispersal behavior and Kings Canyon National Park (Matthews through September 2010. We cross- home range, but also consider the and Pope 1999, pp. 615–624). The other checked our database against the underlying habitat mosaic (and site- California Natural Diversity Data Base included a stream-dwelling population specific data, where available) when (CNDDB) reports, and we opted to of the Sierra Nevada yellow-legged frog defining final boundaries for critical utilize the above sources in lieu of the in Plumas County, California (Wengert habitat. CNDDB data, due to the systematic 2008, pp. 1–32). The movement patterns Another factor to consider when nature of the surveys and their inherent of the mountain yellow-legged frog buffering home ranges is encounter quality control. within the lake complex included probability within the habitat range (2) Occurrence Criteria: average distances moved within a 5-day (whether the point location where the We considered extant all localities period ranging from 43–145 m (141–476 surveyed frog is observed is at the center where presence of living mountain ft) (Matthews and Pope, 1999, p. 620), or edge of a home range). It is more yellow-legged frog has been confirmed with frogs traveling greater distances in likely that surveys will encounter since 1995, unless the last two (or more) September compared to August and individuals in their preferred habitat consecutive surveys have found no October. This period reflects foraging areas, especially when point counts are individuals of any life stage. The 1995 and dispersal activity during the pre- attributed to main lakes (and during the cutoff date was selected because it wintering phase. Estimated average height of the breeding season, or closer reflects a logical break point given the home ranges from this study ranged to the overwintering season). underlying sample coverage and from 53 square meters (174 square ft) in Nevertheless, actual utilized habitat relatively long lifespan of the frogs, and October to more than 5,300 square may be removed in time and space from it is consistent with the recent status meters (0.4 ac) in September (Matthews point locations identified during one- evaluation by CDFG, and therefore and Pope 1999, p. 620). The stream time surveys. The underlying consistent with trend analyses compiled telemetry study of the Sierra Nevada uncertainty associated with point as part of that same effort (CDFG 2011, yellow-legged frog recorded movement encounters means that it is difficult, and pp. 17–25). We considered the specific distances from 3–2,300 m (10–7,546 ft) possibly inaccurate, to utilize bounded areas within the currently occupied (average was 485 m (1,591 ft)) within a home ranges from empirical data when geographic range of the species that single season (July through September), you lack site-specific information include all higher quality habitat (see with as much as 3,300 m (10,827 ft) of regarding habitat use about the surveyed ‘‘(3) Habitat Unit Delination,’’ below) linear stream habitat utilized by a single sample unit. Additionally, emigration that is contiguous to extant mountain frog across seasons (Wengert 2008, p. and recolonization of extirpated sites yellow-legged frog populations. To 11). Home ranges in this study were require movement through habitat protect remnant populations, areas estimated at 167,032 square meters (12.6 across generations, which may venture where surveys confirmed the presence ac). The farthest reported distance of a well beyond estimated single-season of mountain yellow-legged frog using mountain yellow-legged frog from water home ranges or movement distances. the criteria above were generally is 400 m (1,300 ft) (Vredenburg et al. Therefore, the estimates from the very considered necessary to conservation, 2005, p. 564). Frogs within habitat limited field studies are available as including: All hydrologically connected connected by lake networks or guidelines, but we also use the nature waters within a distance of 3 km (1.9 migration corridors along streams and physical layout of underlying mi), all areas overland within 300 m exhibit greater movement and home habitat features (or site-specific (984 ft) of survey locations, and the range. Frogs located in a mosaic of fewer knowledge, where available) to better remainder of the watershed upgradient lakes or with greater distances between define critical habitat units. of that location. The 3-km (1.9-mi) areas with high habitat value are not Finally, these results remain as boundary was derived from empirical expected to move as far over dry land. estimates from studies conducted in data recording frog movements using We used values within the range of single localities. Measured distance

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movements and estimated home ranges maintenance of the hydrology and water boundary. Aquatic habitat of high from limited studies should not be the quality of the aquatic system. quality within 3 km (1.9 mi) from extant sole determinants in habitat unit Additional areas were included in order survey records was included, along with delineation. The ability of frogs to move to provide for the dispersal capacity of areas necessary to protect the relevant along good habitat corridors should also the frogs, as discussed above. PCEs. We circumscribed all habitats be considered. This is especially To further refine the boundaries, we with MaxEnt model output of 0.4 and significant in light of the need for obtained the MaxEnt 3.3.3e species greater within utilized watersheds, but dispersal and recolonization of open distribution model covering both the also extended boundaries to include habitat as the species recovers from Sierra Nevada yellow-legged frog and stream courses, ridges, or watershed declines that occurred before the the northern DPS of the mountain boundaries where appropriate to protect cessation of fish stocking activity or in yellow-legged frog (CDFG 2011, pp. A– the relevant PCEs. The threshold value relation to the recent spread of Bd 1—A–5; Knapp, unpubl. data). This of 0.4 was utilized as an index for throughout the area. It is evident from model utilizes 10 environmental establishing the historical range by the data that frogs can, over the course variables that were selected based on Knapp, as it incorporated most historic of a season (and certainly over a known physiological tolerances of the and current frog locations (CDFG 2011, lifespan), move through several mountain yellow-legged frog to p. A–3). Using the available data (CDFG kilometers of habitat (if the intervening temperature and water availability. The et al. unpub. data), this figure accounted habitat is suitable). variables used as model inputs included for approximately 90 percent of extant Therefore, given observed dispersal elevation, maximum elevation of unit population habitat association using our ability from available data, we have watershed, slope, average annual occurrence criteria (1,504 of 1,674 determined as a general guideline that temperature, average temperature of survey records). aquatic habitats associated with survey coldest quarter of the year, average Where the MaxEnt 3.3.3e species encounters (point estimates or the temperature of the warmest month of distribution model indicated poor entirety of associated water bodies) and the year, annual precipitation, quality of intervening habitat in the those within 3 km (1.9 mi) precipitation during the driest quarter of mapped landscape within 3 km (1.9 mi) (approximating the upper bound of the year, distance to water, and lake of survey records, we generally cropped observed estimates of movement from density. The model additionally allows these areas at dispersal barriers or all available data) along stream or for interactions among these variables, watershed boundaries, but may have meadow courses, and within 300 m (984 and can fit nonlinear relationships using also followed streams or topographic ft) overland (an intermediate value a diversity of feature classes (CDFG features. To minimize human error from between the maximum observed 2011, pp. A–1—A–5). visual interpolation of habitat units, we distance traveled across dry land within The MaxEnt model renders a grid aggregated the high-quality habitat grids a season) are included in the delineated output with likelihood of frog from the model output in ArcGIS using habitat units, unless some other habitat occurrence, a practical index of habitat a neighbor distance within 1,000 m parameter (as outlined in the PCEs quality. This output was compared to (3,281 ft), and we used this boundary to above) indicates low habitat utility or 2,847 frog occurrence records to circumscribe model outputs when practical dispersal barriers such as high determine the fit of the model. The selecting this boundary parameter. The ridges or rough terrain. At a minimum, model derived by Dr. Knapp fit the data 1,000 m (3,281 ft) aggregating criterion stream courses and the adjacent upland well. Area under the curve (AUC) values habitat up to a distance of 25 m (82 ft) are a measure of model fit, where values most closely agreed with manual visual are included (based on an estimate from of 0.5 are random and values interpolation methods that minimized empirical data in Wengert (2008, p. 13)). approaching 1.0 are fully accounted for land area included during unit A maximum value was utilized here within the model. The model fit for the delineation. because habitat along stream courses MaxEnt 3.3.3e species distribution If areas were contiguous to designated must protect all frogs physically present model covering both the Sierra Nevada areas within utilized watersheds, we and includes key features of habitat yellow-legged frog and the northern DPS include the higher quality habitat of the quality (see PCEs above). of the mountain yellow-legged frog had adjacent watersheds with model ranking (3) Habitat Unit Delineation: AUC values of 0.916 (standard deviation 0.4 or greater. These areas are essential To identify areas containing the PCEs (s.d.) = 0.002) and 0.964 (s.d. = 0.006), if they are of sufficiently high habitat for mountain yellow-legged frogs that respectively. quality to be important for future may require special management Individual critical habitat units were dispersal, translocation, and restoration considerations or protection, we constructed to reflect the balance of frog consistent with recovery needs. In examined the current and historical dispersal ability and habitat use (in general, for these ‘‘neighboring’’ locations of mountain yellow-legged other words, based on movement watersheds, circumscribed habitat frogs in relation to the State of distances), along with projections of boundaries followed either the 0.4+ California’s CALWATER watershed habitat quality as expressed by the MaxEnt aggregate polygon boundary, classification system (version 2.2), using probability models (MaxEnt grid stream courses, or topographic features the smallest planning watersheds. outputs) and other habitat parameters that otherwise constituted natural In order to circumscribe the consistent with the PCEs defined above. dispersal barriers. Further, proposed boundaries of potential critical habitat, Specifically, we considered areas to unit designation does not include we adopted the CALWATER be actively utilized if since 1995 frog catchment areas necessary to protect boundaries, where appropriate, and survey records existed within 300 m relevant PCEs if the mapped area was delineated boundaries based on (984 ft) overland, or within 3 km (1.9 greater than 3 km (1.9 mi) from a survey currently occupied aquatic habitat, as mi) if connected by high-quality location. This lower protective standard well as historically occupied habitats dispersal habitat (stream or high lake was appropriate because these areas within the current range of the species. density habitat). In general, areas up- were beyond the outside bound of Watershed boundaries or other gradient from occupied water bodies extant survey records, and our topographic features were utilized as the (within the catchment) were confidence that these areas are, or will boundary when they provided for the circumscribed at the watershed be, utilized is lower.

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We also used historical records in interconnected or interspersed among specifically the physical and biological some instances to include proximate suitable breeding habitats and features (and site-specific knowledge, watersheds that may or may not be vegetation types, as well as populations where available), in defining boundaries currently utilized within subareas of on the edge of the range of the species. for essential habitat. high habitat quality as an index of the We also delineated specific areas to (3) Habitat Unit Delineation: utility of habitat essential to the include dispersal and upland migration To identify areas containing the PCEs conservation of the frogs. This corridors. for Yosemite toad that may require methodology was adopted to Two movement studies using special management considerations or compensate for any uncertainties in our radiotelemetry have been completed for protection, we examined the current underlying scientific and site-specific Yosemite toad from which migration and historical locations of Yosemite knowledge of ecological features that distances may be derived. One study toad in relation to the State of California indicate habitat quality. Unless took place in the Highland Lakes on the vegetation layer, the USFS meadow significant changes have occurred on Stanislaus National Forest (Martin 2008, information dataset, the State of the landscape, an unutilized site pp. 98–113), and the other took place in California’s CALWATER watershed confirmed by surveys to have the Bull Creek watershed on the Sierra classification system (version 2.2) using historically supported frog populations National Forest (Liang 2010, p. 96). The the smallest planning watersheds, and likely contains more of the PCEs relative maximum observed seasonal movement appropriate topographic maps. to one that has no historical records. distances from breeding pools within In order to circumscribe the the Highland Lakes area was 657 m boundaries of potential critical habitat, Yosemite Toad (2,157 ft) (Martin 2008, p. 144), while we expanded the bounds of known (1) Data Sources: the maximum at the Bull Creek breeding locations for Yosemite toad by We obtained observational data from watershed was 1,261 m (4,137 ft). the 1,250 m (4,101 ft) dispersal distance the following sources to include in our Additionally, Liang et al. (2010, p. 6) and delineated boundaries also taking GIS database for the Yosemite toad: (a) utilized all available empirical data to into account vegetation types, meadow Surveys of the National Parks within the derive a maximum movement distance complexes, and dispersal barriers. range of the Yosemite toad, including estimate from breeding locations to be Where appropriate, we utilized the information collected by R. Knapp and 1,500 m (4,920 ft), which they utilized CALWATER boundaries to reflect G. Fellers; (b) survey data from each of in their modeling efforts. Despite these potential barriers to dispersal (high, the National Forests within the range of reported dispersal distances, the results steep ridges), and delineated boundaries the species; (c) CDFG Sierra Lakes may not necessarily apply across the based on currently utilized habitat. Inventory Project survey data; and (d) range of the species. It is likely that Watershed boundaries or other SNAMPH survey data from the USFS. movement is largely a function of the topographic features were marked as the We cross-checked the data received habitat types particular to each location. unit boundary when it provided for the from each of these sources with We may use the mean plus 1.96 times maintenance of the hydrology and water information contained in the CNDDB. the standard error as an expression of quality of the aquatic system. Given that the data sources (a) through the 95 percent confidence interval In some instances (such as no obvious (d) are the result of systematic surveys, (Streiner 1996, pp. 498–502; Curran- dispersal barrier or uncertainty provide better survey coverage of the Everett 2008, pp. 203–208) to estimate regarding the suitability of habitat range of the Yosemite toad, and are species-level movement behavior from within dispersal distance of a known based on observation data of personnel such studies. Using this measure, we toad location), to further refine the able to accurately identify the species, derive a confidence-bounded estimate boundaries, we obtained the MaxEnt we opted to utilize the above sources in for average distance moved in a single 3.3.3e species habitat suitability/ lieu of the CNDDB data. season based on the Liang study (2010, distribution model developed and (2) Occurrence Criteria: pp. 107–109) of 1,015 m (3,330 ft). We utilized by Liang et al. (2010) and Liang We considered extant all localities focused on the Liang study because it and Stohlgren (2011), which covered the where Yosemite toad has been detected had a much larger sample size and range of the Yosemite toad. This model since 2000. The 2000 date was used for likely captured greater variability within utilized nine environmental and three several reasons: (1) Comprehensive a population. However, given that Liang anthropogenic data layers to provide a surveys for Yosemite toad throughout its et al. (2010, p. 6) estimated and applied predictor of Yosemite toad locations range were not conducted prior to 2000, a maximum movement distance of 1,500 that serves as a partial surrogate for so data prior to 2000 are limited; and (2) m (4,920 ft), we opted to choose the habitat quality and therefore underlying given the longevity of the species and approximate midpoint of these two physical or biological features or PCEs. the magnitude of threats, toad locations methods, rounded to the nearest 0.25 The variables used as model inputs identified since 2000 are likely to km (0.16 mi) and determined 1,250 m included slope, aspect, vegetation, contain extant populations. (4,101 ft) to be an appropriate estimated bioclimate variables (including annual We considered the occupied dispersal distance from breeding mean temperature, mean diurnal range, geographic range of the species to locations. As was the case with the temperature seasonality, annual include all suitable habitats within estimate chosen for the mountain precipitation, precipitation of wettest dispersal distance and geographically yellow-legged frog complex, this month, and precipitation seasonality), contiguous to extant Yosemite toad distance does not represent the distance to agriculture, distance to fire populations. We delineated specific maximum possible dispersal distance, perimeter, and distance to timber areas within the present range of the but represents a distance that will activity. species that are known to be utilized as reflect the movement of a large majority As the model incorporated factors that essential to the conservation of the of Yosemite toads. did not directly correlate to the physical species. To maintain genetic integrity Therefore, our criteria for identifying or biological features or PCEs (for and provide for sufficient range and the boundaries of critical habitat units example, distance to agriculture, distribution of the species, we identified take into account dispersal behavior and distance to fire perimeter, and distance areas with dense concentrations of distances, but also consider the to timber activity) (Liang and Stohlgren Yosemite toad populations underlying habitat quality and types, 2011, p. 22)), further analysis was

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required. In areas that were either designation that ranked low in the Proposed Critical Habitat Designation occupied by Yosemite toad or within MaxEnt output. dispersal distance of the toad (but the Individual proposed critical habitat Based on the above described criteria, model indicated a low probability of units are constructed to reflect toad we are proposing 447,341 ha (1,105,400 occurrence), we assessed the utility of dispersal ability and habitat use, along ac) as critical habitat for the Sierra the model by further estimating with projections of habitat quality, as Nevada yellow-legged frog (Table 1). This area represents approximately 14 potential sources of model derivation expressed by the probability models percent of the historic range of the (such as fire or anthropogenic factors). (MaxEnt grid outputs) and other habitat parameters consistent with the PCEs species as estimated by Knapp If habitat quality indicated by the defined above. (unpublished data). All subunits MaxEnt model was biased based on We also used historical records as an proposed for designation as critical factors other than those linked to index of the utility of habitat essential habitat are considered occupied (at the physical or biological features or PCEs, to the conservation of the Yosemite toad subunit level), and include lands within we discounted the MaxEnt output in to help compensate for any Lassen, Butte, Plumas, Sierra, Nevada, those areas and based our designation uncertainties in our underlying Placer, El Dorado, Amador, Calaveras, on the PCEs. In these cases, areas are scientific and site-specific knowledge of Alpine, Tuolumne, Mono, Mariposa, included in our proposed critical habitat ecological features that indicate habitat Madera, Fresno, and Inyo Counties, quality, as we did for the frogs. California.

TABLE 1—PROPOSED CRITICAL HABITAT UNITS FOR THE SIERRA NEVADA YELLOW-LEGGED FROG

Subunit No. Subunit name Hectares Acres (ha) (ac)

1A ...... Morris Lake ...... 7,154 17,677 1B ...... Bucks Lake ...... 14,224 35,148 1C ...... Deanes Valley ...... 2,020 4,990 1D ...... Slate Creek ...... 2,688 6,641 2A ...... Boulder/Lane Rock Creeks ...... 4,500 11,119 2B ...... Gold Lake ...... 6,354 15,702 2C ...... Black Buttes ...... 55,961 138,283 2D ...... Five Lakes ...... 3,758 9,286 2E ...... Crystal Range ...... 33,666 83,191 2F ...... Squaw Ridge ...... 44,047 108,842 2G ...... North Stanislaus ...... 10,701 26,444 2H ...... Wells Peak ...... 11,711 28,939 2I ...... Emigrant Yosemite ...... 86,181 212,958 2J ...... Spiller Lake ...... 1,094 2,704 2K ...... Virginia Canyon ...... 891 2,203 2L ...... Register Creek ...... 838 2,070 2M ...... Saddlebag Lake ...... 8,596 21,242 2N ...... Unicorn Peak ...... 2,088 5,160 3A ...... Yosemite Central ...... 1,408 3,480 3B ...... Cathedral ...... 38,892 96,104 3C ...... Inyo ...... 3,090 7,636 3D ...... Mono Creek ...... 18,504 45,723 3E ...... Evolution/Leconte ...... 87,239 215,572 3F ...... Pothole Lakes ...... 1,736 4,289

Total ...... 447,341 1,105,400

We are proposing 89,637 ha (221,498 approximately 9 percent of the historic for designation as critical habitat are ac) as critical habitat for the northern range of the northern DPS of the considered occupied (at the subunit DPS of the mountain yellow-legged frog mountain yellow-legged frog in the level), and include lands within Fresno (Table 2). This area represents Sierra Nevada. All subunits proposed and Tulare, Counties, California.

TABLE 2—PROPOSED CRITICAL HABITAT UNITS FOR THE NORTHERN DPS OF THE MOUNTAIN YELLOW-LEGGED FROG

1 Hectares Acres Subunit No. Subunit name (ha) (ac)

4A ...... Frypan Meadows ...... 1,585 3,917 4B ...... Granite Basin ...... 1,777 4,391 4C ...... Sequoia Kings ...... 67,566 166,958 4D ...... Kaweah River ...... 3,663 9,052 5A ...... Blossom Lakes ...... 2,069 5,113 5B ...... Coyote Creek ...... 9,802 24,222 5C ...... Mulkey Meadows ...... 3,175

Total ...... 89,637 221,498 1 Subunit numbering begins at 4, following designation of southern DPS of the mountain yellow-legged frog (3 units).

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We are proposing 303,889 ha (750,926 designation as critical habitat are Tuolumne, Mono, Mariposa, Madera, ac) as critical habitat for the Yosemite considered occupied (at the unit level) Fresno, and Inyo Counties, California. toad (Table 3). All units proposed for and include lands within Alpine,

TABLE 3—PROPOSED CRITICAL HABITAT UNITS FOR THE YOSEMITE TOAD

Hectares Acres Unit No. Unit name (ha) (ac)

1 ...... Blue Lakes/Mokelumne ...... 14,884 36,778 2 ...... Leavitt Lake/Emigrant ...... 30,803 76,115 3 ...... Rogers Meadow ...... 11,797 29,150 4 ...... Hoover Lakes ...... 2,303 5,690 5 ...... Tuolumne Meadows/Cathedral ...... 56,530 139,688 6 ...... McSwain Meadows ...... 6,472 15,992 7 ...... Porcupine Flat ...... 1,701 4,204 8 ...... Westfall Meadows ...... 1,859 4,594 9 ...... Triple Peak ...... 4,377 10,816 10 ...... Chilnualna ...... 6,212 15,351 11 ...... Iron Mountain ...... 7,706 19,043 12 ...... Silver Divide ...... 39,987 98,809 13 ...... Humphrys Basin/Seven Gables ...... 20,666 51,067 14 ...... Kaiser/Dusy ...... 70,978 175,390 15 ...... Upper Goddard Canyon ...... 14,905 36,830 16 ...... Round Corral Meadow ...... 12,711 31,409

Total ...... 303,889 750,926

Sierra Nevada Yellow-Legged Frog areas that meet the definition of critical portions within each clade are We are proposing three units habitat for the Sierra Nevada yellow- designated as subunits. The 24 subunits encompassing 24 subunits as critical legged frog. Units are numbered for the we propose as critical habitat are listed habitat for the Sierra Nevada yellow- three major genetic clades (Vredenburg in Table 4, and all subunits are known legged frog. The critical habitat units et al. 2007, p. 361) that have been to be currently occupied based on the and subunits that we describe below identified rangewide for the Sierra best available scientific and commercial constitute our current best assessment of Nevada yellow-legged frog. Distinct information.

TABLE 4—CRITICAL HABITAT SUBUNITS FOR THE SIERRA NEVADA YELLOW-LEGGED FROG (IN HECTARES AND ACRES), LAND OWNERSHIP, AND KNOWN THREATS THAT MAY AFFECT THE ESSENTIAL PHYSICAL OR BIOLOGICAL FEATURES WITHIN THE GEOGRAPHICAL AREA OCCUPIED BY THE SPECIES AT THE TIME OF LISTING

3 1 Federal State/local Private Total Known Critical habitat subunit ha ha ha ha 2 (ac) (ac) (ac) (ac) threats

1A. Morris Lake ...... 6,715 53 386 7,154 1, 2, 3, 4, 5 (16,593 ) (131) (953 ) (17,677) 1B. Bucks Lake ...... 13,138 0 1,086 14,224 1, 3, 4, 5 (32,464) (0 ) (2,684 ) (35,148) 1C. Deanes Valley ...... 1,962 0 58 2,020 3, 4, 5 (4,847 ) (0 ) (143) (4,990 ) 1D. Slate Creek ...... 2,259 0 429 2,688 3, 4, 5 (5,581 ) (0 ) (1,060 ) (6,641 ) 2A. Boulder/Lane Rock Creeks ...... 3,953 0 547 4,500 1, 2, 3, 4, 5 (9,767 ) (0 ) (1,352 ) (11,119 ) 2B. Gold Lake ...... 5,643 0 711 6,354 1, 3, 4, 5 (13,945 ) (0 ) (1,758 ) (15,702 ) 2C. Black Buttes ...... 32,745 0 23,216 55,961 1, 2, 3, 4, 5 (80,914) (0) (57,369) (138,283 ) 2D. Five Lakes ...... 2,396 0 1,362 3,758 1, 4, 5 (5,921 ) (0) (3,365 ) (9,286 ) 2E. Crystal Range ...... 31,521 0 2,145 33,666 1, 2, 3, 5 (77,891 ) (0 ) (5,300 ) (83,191 ) 2F. Squaw Ridge ...... 40,771 56 3,220 44,047 1, 2, 3, 4, 5 (100,746 ) (138) (7,958 ) (108,842 ) 2G. North Stanislaus ...... 10,685 0 16 10,701 1, 2, 3, 4, 5 (26,403 ) (0 ) (41 ) (26,444 ) 2H. Wells Peak ...... 11,650 0 61 11,711 1, 3, 4, 5 (28,788) (0) (150 ) (28,939 ) 2I. Emigrant Yosemite ...... 86,109 *50 22 86,181 1, 3, 5 (212,780) (*124 ) (54 ) (212,958 ) 2J. Spiller Lake ...... 1,094 0 0 1,094 5 (2,704 ) (0 ) (0) (2,704 )

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TABLE 4—CRITICAL HABITAT SUBUNITS FOR THE SIERRA NEVADA YELLOW-LEGGED FROG (IN HECTARES AND ACRES), LAND OWNERSHIP, AND KNOWN THREATS THAT MAY AFFECT THE ESSENTIAL PHYSICAL OR BIOLOGICAL FEATURES WITHIN THE GEOGRAPHICAL AREA OCCUPIED BY THE SPECIES AT THE TIME OF LISTING—Continued

3 1 Federal State/local Private Total Known Critical habitat subunit ha ha ha ha threats 2 (ac) (ac) (ac) (ac)

2K. Virginia Canyon ...... 891 0 0 891 5 (2,203 ) (0 ) (0 ) (2,203 ) 2L. Register Creek ...... 838 0 0 838 5 (2,070 ) (0) (0 ) (2,070 ) 2M. Saddlebag Lake ...... 8,547 0 49 8,596 1, 5 (21,120 ) (0 ) (122) (21,242 ) 2N. Unicorn Peak ...... 2,088 0 0 2,088 1, 4, 5 (5,160 ) (0 ) (0) (5,160 ) 3A. Yosemite Central ...... 1,408 0 0 1,408 5 (3,480 ) (0 ) (0 ) (3,480 ) 3B. Cathedral ...... 38,892 0 0 38,892 1, 3, 5 (96,104 ) (0 ) (0) (96,104) 3C. Inyo ...... 3,090 0 0 3,090 1, 5 (7,636 ) (0) (0) (7,636 ) 3D. Mono Creek ...... 18,504 0 0 18,504 1, 3, 5 (45,723) (0) (0 ) (45,723) 3E. Evolution/Leconte ...... 87,071 *81 87 87,239 1, 3, 5 (215,156 ) (*200 ) (215 ) (215,572 ) 3F. Pothole Lakes ...... 1,735 0 1 1,736 1, 5 (4,286 ) (0 ) (2 ) (4,289 ) Total ...... 413,702 108 33,398 447,341 (1,022,279 ) (267 ) (82,527) (1,105,400 ) * 132 (* 325 ) Note: Area sizes may not sum due to rounding. 1 Area estimates in ha (ac) reflect the entire area within the proposed critical habitat unit boundaries. Area estimates are rounded to the near- est whole integer that is equal to or greater than 1. 2 Codes of known threats that may require special management considerations or protection of the essential physical or biological features: 3 Asterisks * signify local jurisdictional (County) lands and are presented for brevity in the same column with State jurisdiction lands. 1. Fish Persistence and Stocking 2. Water Diversions/Development 3. Grazing 4. Timber Harvest/Fuels Reduction 5. Recreation

We present brief descriptions of all Unit 1: Sierra Nevada Yellow-legged California, approximately 4 km (2.5 mi) units and reasons why they meet the Frog Clade 1 northwest of Highway 70. Land definition of critical habitat for the ownership within this subunit consists Unit 1 is considered essential to the of approximately 6,715 ha (16,593 ac) of Sierra Nevada yellow-legged frog below. conservation of the Sierra Nevada Federal land, 53 ha (131 ac) of State Each unit and subunit proposed as yellow-legged frog because it represents land, and 386 ha (953 ac) of private critical habitat for the Sierra Nevada the northernmost portion of the species’ land. The Morris Lake subunit includes yellow-legged frog contains aquatic range. It reflects unique ecological lands in the Plumas and Lassen habitat for breeding activities (PCE 1); features within the range of the species National Forests. The northwest arms of aquatic habitat to provide for shelter, because it comprises populations that foraging, predator avoidance, and are stream-based. Unit 1, including all this subunit encompass Snag Lake and dispersal during non-breeding phases of subunits, is an essential component of Philbrook Reservoir. This subunit is their life history (PCE 2); upland areas the entirety of this proposed critical considered to be within the for feeding and movement, and habitat designation due to the unique geographical area occupied by the catchment areas to protect water supply genetic and distributional area this unit species at the time of listing and and water quality (PCE 3); and is encompasses. The frog populations contains the physical or biological features essential to the conservation of currently occupied by the species. Each within Clade 1 of the Sierra Nevada the species, is currently functional unit and subunit contains the physical yellow-legged frog are at very low habitat sustaining frogs, and is needed or biological features essential to the numbers and face significant threats to protect core surviving populations conservation of the Sierra Nevada from habitat fragmentation. Protection and their unique genetic heritage. yellow-legged frog, which may require of these populations and the areas special management considerations or necessary for range expansion and The physical or biological features protection (see the Special Management recovery is central to the designation of essential to the conservation of the Considerations or Protection section of the subunits that comprise Unit 1. Sierra Nevada yellow-legged frog in the Morris Lake subunit may require special this proposed rule for a detailed Subunit 1A: Morris Lake discussion of the threats to Sierra management considerations or Nevada yellow-legged frog habitat and The Morris Lake subunit consists of protection due to the presence of approximately 7,154 ha (17,677 ac), and introduced fishes, water diversions and potential management considerations). is located in Plumas and Butte Counties, operations, grazing activity, timber

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management and fuels reduction, and Subunit 1D: Slate Creek county line along Wingfield Road. Land recreational activities. The Slate Creek subunit consists of ownership within this subunit consists of approximately 3,953 ha (9,767 ac) of Subunit 1B: Bucks Lake approximately 2,688 ha (6,641 ac), and is located in Plumas and Sierra Federal land and 547 ha (1,352 ac) of The Bucks Lake subunit consists of Counties, California, approximately 0.7 private land. Subunit 2A includes Antelope Lake (which receives two approximately 14,224 ha (35,148 ac). It km (0.4 mi) east of the town of LaPorte, creeks as its northwestern headwaters), is located in Plumas County, California, and 2.5 km (1.6 mi) southwest of the and these water bodies provide approximately 3 km (1.9 mi) south of west branch of Canyon Creek. Land connectivity for both main areas within Highway 70 near the intersection with ownership within this subunit consists the subunit. The Boulder/Lane Rock Caribou Road, and is bisected on the of approximately 2,259 ha (5,581 ac) of Creeks subunit is located entirely within south end by the Oroville Highway. Federal land and 429 ha (1,060 ac) of the boundaries of the Plumas National Land ownership within this subunit private land. The Slate Creek subunit is Forest. This subunit is considered to be consists of approximately 13,138 ha located entirely within the boundaries within the geographical area occupied (32,464 ac) of Federal land and 1,086 ha of the Plumas National Forest. This by the species at the time of listing, and (2,684 ac) of private land. The Bucks subunit is considered to be within the Lake subunit is located entirely within it contains the physical or biological geographical area occupied by the features essential to the conservation of the boundaries of the Plumas National species at the time of listing and Forest. This subunit is considered to be the species, is currently functional contains the physical or biological habitat sustaining frogs, and is needed within the geographical area occupied features essential to the conservation of by the species at the time of listing and to protect core surviving populations the species, is currently functional and their unique genetic heritage. contains the physical or biological habitat sustaining frogs, and is needed features essential to the conservation of The physical or biological features to protect core surviving populations essential to the conservation of the the species, is currently functional and their unique genetic heritage. habitat sustaining frogs, and is needed Sierra Nevada yellow-legged frog in the The physical or biological features Boulder/Lane Rock Creeks subunit may to protect core surviving populations essential to the conservation of the and their unique genetic heritage. require special management Sierra Nevada yellow-legged frog in the considerations or protection due to the The physical or biological features Slate Creek subunit may require special essential to the conservation of the presence of introduced fishes, water management considerations or diversions and operations, grazing Sierra Nevada yellow-legged frog in the protection due to grazing activity, Bucks Lake subunit may require special activity, timber management and fuels timber management and fuels reduction, reduction, and recreational activities. management considerations or and recreational activities. protection due to the presence of Subunit 2B: Gold Lake introduced fishes, grazing activity, Unit 2: Sierra Nevada Yellow-legged Frog Clade 2 The Gold Lake subunit consists of timber management and fuels reduction, approximately 6,354 ha (15,702 ac), and and recreational activities. This unit is considered essential to is located in Plumas and Sierra Subunit 1C: Deanes Valley the conservation of the species because Counties, California, approximately 8.7 it represents a significant fraction of the km (5.4 mi) south of Highway 70, and The Deanes Valley subunit consists of Sierra Nevada yellow-legged frog range, 4.4 km (2.75 mi) north of Highway 49, approximately 2,020 ha (4,990 ac) and is and it reflects unique ecological features along Gold Lake Highway to the east. located in Plumas County, California, within the range by comprising Land ownership within this subunit approximately 5.7 km (3.6 mi) south of populations that are both stream- and consists of approximately 5,643 ha Buck’s Lake Road, 6.4 km (4 mi) east of lake-based. Unit 2, including all (13,945 ac) of Federal land and 711 ha Big Creek Road, 7.5 km (4.7 mi) west of subunits, is an essential component of (1,758 ac) of private land. The Gold Quincy-LaPorte Road, and 3.5 km (2.2 the entirety of this proposed critical Lake Subunit is located within the mi) north of the Middle Fork Feather habitat designation due to the unique Plumas and Tahoe National Forests. River. Land ownership within this genetic and distributional area this unit This subunit is considered to be within subunit consists of approximately 1,962 encompasses. The frog populations the geographical area occupied by the ha (4,847 ac) of Federal land and 58 ha within Clade 2 of the Sierra Nevada species at the time of listing, and it (143 ac) of private land. The Deanes yellow-legged frog distribution are at contains the physical or biological Valley subunit is located entirely within very low to intermediate abundance and features essential to the conservation of the boundaries of the Plumas National face significant threats from habitat the species, is currently functional Forest. This subunit is considered to be fragmentation resulting from the habitat sustaining frogs, and is needed within the geographical area occupied introduction of fish. Protection of these to protect core surviving populations by the species at the time of listing, and populations and the areas necessary to and their unique genetic heritage. it contains the physical or biological maintain the geographic extent of this The physical or biological features features essential to the conservation of clade across its range, including essential to the conservation of the the species, is currently functional connectivity between extant Sierra Nevada yellow-legged frog in the habitat sustaining frogs, and is needed populations and higher quality habitat, Gold Lake subunit may require special to protect core surviving populations is central to the designation of the management considerations or and their unique genetic heritage. subunits that comprise Unit 2. protection due to introduced fishes, The physical or biological features Subunit 2A: Boulder/Lane Rock Creeks grazing activity, timber management essential to the conservation of the and fuels reduction, and recreational Sierra Nevada yellow-legged frog in the The Boulder/Lane Rock Creeks activities. Deanes Valley subunit may require subunit consists of approximately 4,500 special management considerations or ha (11,119 ac), and is located in Plumas Subunit 2C: Black Buttes protection due to grazing activity, and Lassen Counties, California, The Black Buttes subunit consists of timber management and fuels reduction, between 8 km (5 mi) and 18 km (11.3 approximately 55,961 ha (138,283 ac), and recreational activities. mi) west of Highway 395 near the and spans from Sierra County through

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Nevada County into Placer County, approximately 3.8 km (2.4 mi) west of Subunit 2G: North Stanislaus California. It is 8.5 km (5.3 mi) west of Highway 89, bounded on the south by The North Stanislaus subunit consists Highway 89, 3.7 km (2.3 mi) north of the Interstate 50, and 7 km (4.4 mi) east of of approximately 10,701 ha (26,444 ac), North Fork American River, and is Ice House Road. The Crystal Range and is located in Alpine, Tuolumne, and bisected on the south by Interstate 80. subunit includes portions of the Calaveras Counties, California. It is Land ownership within this subunit Desolation Wilderness. Land ownership south of the North Fork Mokelumne consists of approximately 32,745 ha within this subunit consists of River, and is bisected by Highway 4, (80,914 ac) of Federal land and 23,216 approximately 31,521 ha (77,891 ac) of which traverses the unit from southwest ha (57,369 ac) of private land. The Black Federal land and 2,145 ha (5,300 ac) of to northeast. Land ownership within Buttes subunit is located entirely within private land. The Crystal Range subunit this subunit consists of approximately the boundaries of the Tahoe National includes areas within the Eldorado and 10,685 ha (26,403 ac) of Federal land Forest. This subunit is considered to be Tahoe National Forests and also the and 16 ha (41 ac) of private land. The within the geographical area occupied Lake Tahoe Basin Management Unit. North Stanislaus subunit is located by the species at the time of listing, and This subunit is considered to be within entirely within the boundaries of the it contains the physical or biological the geographical area occupied by the Stanislaus National Forest. This subunit features essential to the conservation of species at the time of listing, and it is considered to be within the the species, is currently functional contains the physical or biological geographical area occupied by the habitat sustaining frogs, and is needed features essential to the conservation of species at the time of listing, and it to protect core surviving populations the species, is currently functional contains the physical or biological and their unique genetic heritage. habitat sustaining frogs, and is needed The physical or biological features features essential to the conservation of to protect core surviving populations essential to the conservation of the the species (under section, is currently and their unique genetic heritage. Sierra Nevada yellow-legged frog in the functional habitat sustaining frogs, and Black Buttes subunit may require The physical or biological features is needed to protect core surviving special management considerations or essential to the conservation of the populations and their unique genetic protection due to the presence of Sierra Nevada yellow-legged frog in the heritage. introduced fishes, water diversions and Crystal Range subunit may require The physical or biological features operations, grazing activity, timber special management considerations or essential to the conservation of the management and fuels reduction, and protection due to the presence of Sierra Nevada yellow-legged frog in the recreational activities. introduced fishes, water diversions and North Stanislaus Subunit may require operations, grazing activity, and special management considerations or Subunit 2D: Five Lakes recreational activities. protection due to the presence of The Five Lakes subunit consists of introduced fishes, water diversions and approximately 3,758 ha (9,286 ac), and Subunit 2F: Squaw Ridge operations, grazing activity, timber management and fuels reduction, and is located in the eastern portion of The Squaw Ridge subunit consists of recreational activities. Placer County, California, approximately 44,047 ha (108,842 ac), approximately 2 km (1.25 mi) west of and is located in Amador, Alpine, and Subunit 2H: Wells Peak Highway 89 and 12.3 km (7.7 mi) east El Dorado Counties, California. The of Foresthill Road. Land ownership The Wells Peak subunit consists of Squaw Ridge subunit is roughly approximately 11,711 ha (28,939 ac), within this subunit consists of bounded on the northwest by Highway approximately 2,396 ha (5,921 ac) of and is located in Alpine, Mono, and 88, and on the southeast by Highway 4. Tuolumne Counties, California, Federal land and 1,362 ha (3,365 ac) of Land ownership within this subunit private land. The Five Lakes subunit is approximately 6.4 km (4 mi) west of consists of approximately 40,771 ha Highway 395, and bounded by Highway located entirely within the boundaries (100,746 ac) of Federal land, 56 ha (138 of the Tahoe National Forest. This 108 on the south. Land ownership ac) of State land, and 3,220 ha (7,958 ac) within this subunit consists of subunit is considered to be within the of private land. The Squaw Ridge geographical area occupied by the approximately 11,650 ha (28,788 ac) of subunit includes areas within the Federal land and 61 ha (150 ac) of species at the time of listing, and it Eldorado, Stanislaus, and Humboldt- contains the physical or biological private land. Federal holdings within Toiyabe National Forests. This subunit the Wells Peak subunit are within the features essential to the conservation of is considered to be within the the species, is currently functional Stanislaus National Forest. This subunit geographical area occupied by the is considered to be within the habitat sustaining frogs, and is needed species at the time of listing, and it to protect core surviving populations geographical area occupied by the contains the physical or biological species at the time of listing, and it and their unique genetic heritage. features essential to the conservation of The physical or biological features contains the physical or biological the species, is currently functional essential to the conservation of the features essential to the conservation of habitat sustaining frogs, and is needed Sierra Nevada yellow-legged frog in the the species, is currently functional to protect core surviving populations Five Lakes subunit may require special habitat sustaining frogs, and is needed and their unique genetic heritage. management considerations or to protect core surviving populations protection due to the presence of The physical or biological features and their unique genetic heritage. introduced fishes, timber management essential to the conservation of the The physical or biological features and fuels reduction, and recreational Sierra Nevada yellow-legged frog in the essential to the conservation of the activities. Squaw Ridge Subunit may require Sierra Nevada yellow-legged frog in the special management considerations or Wells Peak subunit may require special Subunit 2E: Crystal Range protection due to the presence of management considerations or The Crystal Range subunit consists of introduced fishes, water diversions and protection due to introduced fishes, approximately 33,666 ha (83,191 ac), operations, grazing activity, timber grazing activity, timber management and is located primarily in El Dorado management and fuels reduction, and and fuels reduction, and recreational and Placer Counties, California, recreational activities. activities.

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Subunit 2I: Emigrant Yosemite Creek. The Virginia Canyon subunit to protect core surviving populations The Emigrant Yosemite subunit consists entirely of Federal land, all and their unique genetic heritage. The physical or biological features consists of approximately 86,181 ha located within Yosemite National Park. essential to the conservation of the (212,958 ac), and is located in This subunit is considered to be within Sierra Nevada yellow-legged frog in the Tuolumne and Mono Counties, the geographical area occupied by the species at the time of listing, and it Saddlebag Lake subunit may require California, approximately 11 km (6.9 contains the physical or biological special management considerations or mi) south of Highway 108 and 7.4 km features essential to the conservation of protection due to the presence of (4.6 mi) north of Hetch Hetchy the species, is currently functional introduced fishes and recreational Reservoir. The Emigrant Yosemite habitat sustaining frogs, and is needed activities. subunit encompasses the Emigrant to protect core surviving populations Wilderness. Land ownership within this Subunit 2N: Unicorn Peak and their unique genetic heritage. subunit consists of approximately The physical or biological features The Unicorn Peak subunit consists of 86,109 ha (212,780 ac) of Federal land, essential to the conservation of the approximately 2,088 ha (5,160 ac), and 50 ha (124 ac) of local jurisdiction Sierra Nevada yellow-legged frog in the is located in Tuolumne County, lands, and 22 ha (54 ac) of private land. Virginia Canyon subunit may require California, intersected from east to west The Emigrant Yosemite subunit is special management considerations or on its northern boundary by Tioga Pass predominantly in Yosemite National protection due to recreational activities. Road (Highway 120). The Unicorn Peak Park and the Stanislaus National Forest. subunit consists entirely of Federal This subunit is considered to be within Subunit 2L: Register Creek land, all within Yosemite National Park. the geographical area occupied by the The Register Creek subunit consists of This subunit is considered to be within species at the time of listing, and it approximately 838 ha (2,070 ac), and is the geographical area occupied by the contains the physical or biological located in Tuolumne County, California, species at the time of listing, and it features essential to the conservation of approximately 1.2 km (0.75 mi) west of contains the physical or biological the species, is currently functional Regulation Creek, with Register Creek features essential to the conservation of habitat sustaining frogs, and is needed intersecting the subunit on the the species, is currently functional to protect core surviving populations southwest end and running along the habitat sustaining frogs, and is needed and their unique genetic heritage. eastern portion to the north. The to protect core surviving populations The physical or biological features Register Creek subunit consists entirely and their unique genetic heritage. essential to the conservation of the of Federal land, all located within The physical or biological features Sierra Nevada yellow-legged frog in the Yosemite National Park. This subunit is essential to the conservation of the Emigrant Yosemite subunit may require considered to be within the Sierra Nevada yellow-legged frog in the special management considerations or geographical area occupied by the Unicorn Peak subunit may require protection due to the presence of species at the time of listing, and it special management considerations or introduced fishes, grazing activity, and contains the physical or biological protection due to the presence of recreational activities. features essential to the conservation of introduced fishes, timber management Subunit 2J: Spiller Lake the species, is currently functional and fuels reduction, and recreational habitat sustaining frogs, and is needed activities. The Spiller Lake subunit consists of to protect core surviving populations approximately 1,094 ha (2,704 ac), and and their unique genetic heritage. Unit 3: Sierra Nevada Yellow-Legged is located in Tuolumne County, The physical or biological features Frog Clade 3 California, approximately 1.2 km (0.75 essential to the conservation of the This unit is considered essential to mi) west of Summit Lake. The Spiller Sierra Nevada yellow-legged frog in the the conservation of the Sierra Nevada Lake subunit consists entirely of Federal Register Creek subunit may require yellow-legged frog because it represents land, all located within Yosemite special management considerations or a significant portion of the species’ National Park. This subunit is protection due to recreational activities. range, and it reflects a core conservation considered to be within the area comprising the most robust Subunit 2M: Saddlebag Lake geographical area occupied by the remaining populations at higher species at the time of listing, and it The Saddlebag Lake subunit consists densities (closer proximity) across the contains the physical or biological of approximately 8,596 ha (21,242 ac), species’ range. Unit 3, including all features essential to the conservation of and is located in Tuolumne and Mono subunits, is an essential component of the species, is currently functional Counties, California, approximately 12.4 the entirety of this proposed critical habitat sustaining frogs, and is needed km (7.75 mi) west of Highway 395, and habitat designation due to the unique to protect core surviving populations intersected on the southeast boundary genetic and distributional area this unit and their unique genetic heritage. by Tioga Pass Road (Highway 120). encompasses. The frog populations The physical or biological features Land ownership within this subunit within Clade 3 of the Sierra Nevada essential to the conservation of the consists of approximately 8,547 ha yellow-legged frog distribution face Sierra Nevada yellow-legged frog in the (21,120 ac) of Federal land and 49 ha significant threats from habitat Spiller Lake subunit may require special (122 ac) of private land. The Saddlebag fragmentation. Protection of these management considerations or Lake subunit is predominantly located populations and the areas necessary to protection due to recreational activities. within Yosemite National Park and the maintain the geographic extent of this Inyo National Forest. This subunit is Subunit 2K: Virginia Canyon clade across its range is central to the considered to be within the designation of the subunits that The Virginia Canyon subunit consists geographical area occupied by the comprise Unit 3. of approximately 891 ha (2,203 ac), and species at the time of listing, and it is located in Tuolumne County, contains the physical or biological Subunit 3A: Yosemite Central California, approximately 4.3 km (2.7 features essential to the conservation of The Yosemite Central subunit consists mi) southwest of Spiller Lake, and the species, is currently functional of approximately 1,408 ha (3,480 ac), roughly bounded on the east by Return habitat sustaining frogs, and is needed and is located in Mariposa County,

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California, approximately 4 km (2.5 mi) the species, is currently functional Sierra Nevada yellow-legged frog in the northwest of Tioga Pass Road (Highway habitat sustaining frogs, and is needed Evolution/Leconte subunit may require 120) in the heart of Yosemite National to protect core surviving populations special management considerations or Park. The Yosemite Central subunit and their unique genetic heritage. protection due to the presence of consists entirely of Federal lands within The physical or biological features introduced fishes, grazing activity, and Yosemite National Park. This subunit is essential to the conservation of the recreational activities. considered to be within the Sierra Nevada yellow-legged frog in the Subunit 3F: Pothole Lakes geographical area occupied by the Inyo subunit may require special species at the time of listing, and it management considerations or The Pothole Lakes subunit consists of contains the physical or biological protection due to the presence of approximately 1,736 ha (4,289 ac), and features essential to the conservation of introduced fishes and recreational is located in Inyo County, California, the species, is currently functional activities. approximately 13.1 km (8.2 mi) west of habitat sustaining frogs, and is needed Subunit 3D: Mono Creek Highway 395. Land ownership within to protect core surviving populations The Mono Creek subunit consists of this subunit consists of approximately and their unique genetic heritage. 1,735 ha (4,286 ac) of Federal land and The physical or biological features approximately 18,504 ha (45,723 ac), and is located in Fresno and Inyo 1 ha (2 ac) of private land. The Pothole essential to the conservation of the Lakes subunit is almost entirely located Sierra Nevada yellow-legged frog in the Counties, California, approximately 16 km (10 mi) southwest of Highway 395. within the Inyo National Forest. This Yosemite Central subunit may require subunit is considered to be within the special management considerations or The Mono Creek subunit consists entirely of Federal land located within geographical area occupied by the protection due to recreational activities. the Sierra and Inyo National Forests. species at the time of listing and Subunit 3B: Cathedral This subunit is considered to be within contains the physical or biological features essential to the conservation of The Cathedral subunit consists of the geographical area occupied by the species at the time of listing, and it the species, is currently functional approximately 38,892 ha (96,104 ac), habitat sustaining frogs, and is needed and is located in Mariposa, Madera, contains the physical or biological features essential to the conservation of to protect core surviving populations Mono, and Tuolumne Counties, and their unique genetic heritage. California, approximately 15.6 km (9.75 the species, is currently functional mi) west of Highway 395 and 9.4 km habitat sustaining frogs, and is needed The physical or biological features to protect core surviving populations (5.9 mi) south of Highway 120. The essential to the conservation of the and their unique genetic heritage. Cathedral subunit consists entirely of Sierra Nevada yellow-legged frog in the The physical or biological features Pothole Lakes subunit may require Federal land, including lands in essential to the conservation of the Yosemite National Park and the Inyo special management considerations or Sierra Nevada yellow-legged frog in the protection due to the presence of and Sierra National Forests. This Mono Creek subunit may require special subunit is considered to be within the introduced fishes and recreational management considerations or activities. geographical area occupied by the protection due to the presence of species at the time of listing, and it introduced fishes, grazing activity, and Northern DPS of the Mountain Yellow- contains the physical or biological recreational activities. Legged Frog features essential to the conservation of the species, is currently functional Subunit 3E: Evolution/Leconte We are proposing seven subunits as habitat sustaining frogs, and is needed The Evolution/Leconte subunit critical habitat for the northern DPS of to protect core surviving populations consists of approximately 87,239 ha the mountain yellow-legged frog. The and their unique genetic heritage. (215,572 ac), and is located in Fresno critical habitat areas we describe below The physical or biological features and Inyo Counties, California, constitute our current best assessment of essential to the conservation of the approximately 12.5 km (7.8 mi) areas that meet the definition of critical Sierra Nevada yellow-legged frog in the southwest of Highway 395. Land habitat for the northern DPS of the Cathedral subunit may require special ownership within this subunit consists mountain yellow-legged frog. Units are management considerations or of approximately 87,071 ha (215,156 ac) named after the major genetic clades protection due to the presence of of Federal land, 81 ha (200 ac) of local (Vredenburg et al. 2007, p. 361), of introduced fishes, grazing activity, and jurisdictional lands, and 87 ha (215 ac) which three exist rangewide for the recreational activities. of private land. The Evolution/Leconte mountain yellow-legged frog, and two are within the northern DPS of the Subunit 3C: Inyo subunit is predominantly within the Sierra and Inyo National Forests and mountain yellow-legged frog in the The Inyo subunit consists of Kings Canyon National Park. This Sierra Nevada. Distinct units within approximately 3,090 ha (7,636 ac), and subunit is considered to be within the each clade are designated as subunits. is located in Madera County, California, geographical area occupied by the Unit designations begin numbering approximately 5.4 km (3.4 mi) species at the time of listing, and it sequentially, following the three units southwest of Highway 203. The Inyo contains the physical or biological already designated on September 14, subunit consists entirely of Federal land features essential to the conservation of 2006, for the southern DPS of the located within the Inyo National Forest. the species, is currently functional mountain yellow-legged frog (71 FR This subunit is considered to be within habitat sustaining frogs, and is needed 54344). The seven subunits we propose the geographical area occupied by the to protect core surviving populations as critical habitat are listed in Table 5 species at the time of listing, and it and their unique genetic heritage. and are, based on the best available contains the physical or biological The physical or biological features scientific and commercial information, features essential to the conservation of essential to the conservation of the currently occupied.

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TABLE 5—CRITICAL HABITAT UNITS FOR THE NORTHERN DPS OF THE MOUNTAIN YELLOW-LEGGED FROG (IN HECTARES AND ACRES), LAND OWNERSHIP, AND KNOWN THREATS THAT MAY AFFECT THE ESSENTIAL PHYSICAL OR BIOLOGICAL FEATURES FOR UNITS WITHIN THE GEOGRAPHICAL AREA OCCUPIED BY THE SPECIES AT THE TIME OF LISTING

Federal ha Private ha Total 1 ha Known threats 2 Critical habitat unit (ac) (ac) (ac)

4A. Frypan Meadows ...... 1,585 0 1,585 5 (3,917 ) (0 ) (3,917 ) 4B. Granite Basin ...... 1,777 0 1,777 5 (4,391 ) (0) (4,391 ) 4C. Sequoia Kings ...... 67,566 0 67,566 1, 5 (166,958) (0 ) (166,958 ) 4D. Kaweah River ...... 3,663 0 3,663 5 (9,052 ) (0 ) (9,052 ) 5A. Blossom Lakes ...... 2,069 0 2,069 5 (5,113 ) (0) (5,113 ) 5B. Coyote Creek ...... 9,792 10 9,802 1, 5 (24,197 ) (24 ) (24,222) 5C. Mulkey Meadows ...... 3,175 0 3,175 1, 3, 5 (7,846 ) (0 ) (7,846 )

Total ...... 89,627 10 89,637 (221,474 ) (24 ) (221,498 ) Note: Area sizes may not sum due to rounding. 1 Area estimates in ha (ac) reflect the entire area within the proposed critical habitat unit boundaries. Area estimates are rounded to the near- est whole integer that is equal to or greater than 1. 2 Codes of known threats that may require special management considerations or protection of the essential physical or biological features: 1. Fish Persistence and Stocking 2. Water Diversions/Development 3. Grazing 4. Timber Harvest/Fuels Reduction 5. Recreation

We present brief descriptions of all robust remaining populations at higher entirely of Federal land, located entirely subunits and reasons why they meet the densities (closer proximity) across the within the boundaries of the Kings definition of critical habitat for the species’ range. Unit 4, including all Canyon National Park. This subunit is northern DPS of the mountain yellow- subunits, is an essential component to considered to be within the legged frog below. Each unit and the entirety of this proposed critical geographical area occupied by the subunit proposed as critical habitat for habitat designation due to the unique species at the time of listing, and it the northern DPS of the mountain genetic and distributional area this unit contains the physical or biological yellow-legged frog contains aquatic encompasses. The frog populations features essential to the conservation of habitat for breeding activities (PCE 1); within Clade 4 of the northern DPS of the species, is currently functional aquatic habitat to provide for shelter, the mountain yellow-legged frog habitat sustaining frogs, and is needed foraging, predator avoidance, and distribution face significant threats from to protect core surviving populations dispersal during nonbreeding phases habitat fragmentation. Protection of and their unique genetic heritage. within their life history (PCE 2); upland these populations and the areas The physical or biological features areas for feeding and movement, and necessary to maintain the geographic essential to the conservation of the catchment areas to protect water supply extent of this clade across its range is northern DPS of the mountain yellow- and water quality (PCE 3); and is central to the designation of the legged frog in the Frypan Meadows currently occupied by the species. Each subunits that comprise Unit 4. In subunit may require special unit and subunit contains the physical addition, Clade 4 includes the only management considerations or and biological features essential to the remaining basins with high-density, protection due to recreational activities. conservation of the northern DPS of the lake-based populations that are not mountain yellow-legged frog, which infected with Bd, and chytrid epidemics Subunit 4B: Granite Basin may require special management (see will likely decimate these uninfected the Special Management Considerations populations in the near future unless The Granite Basin subunit consists of or Protection section of this proposed habitat protections and special approximately 1,777 ha (4,391 ac), and rule for a detailed discussion of the management considerations are is located in Fresno County, California, threats to Sierra Nevada yellow-legged implemented. It is necessary to broadly approximately 3.2 km (2 mi) north of frog habitat and potential management protect remnant populations across the Highway 180. The Granite Basin subunit considerations). range of Clade 4 to facilitate species consists entirely of Federal land, located persistence in suitable habitat. within the boundaries of the Kings Unit 4: Northern DPS of the Mountain Canyon National Park. This subunit is Yellow-Legged Frog Clade 4 Subunit 4A: Frypan Meadows considered to be within the This unit is considered essential to The Frypan Meadows subunit geographical area occupied by the the conservation of the species because consists of approximately 1,585 ha species at the time of listing, and it it represents a significant portion of the (3,917 ac), and is located in Fresno contains the physical or biological northern DPS of the mountain yellow- County, California, approximately 4.3 features essential to the conservation of legged frog range, and reflects a core km (2.7 mi) northwest of Highway 180. the species, is currently functional conservation area comprising the most The Frypan Meadows subunit consists habitat sustaining frogs, and is needed

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to protect core surviving populations Unit 5: Northern DPS of the Mountain Creek subunit is predominantly within and their unique genetic heritage. Yellow-Legged Frog Clade 5 Sequoia National Park and Sequoia and The physical or biological features This unit is considered essential to Inyo National Forests. This subunit is essential to the conservation of the the conservation of the northern DPS of considered to be within the northern DPS of the mountain yellow- the mountain yellow-legged frog since it geographical area occupied by the legged frog in the Granite Basin subunit represents the southern portion of the species at the time of listing, and it may require special management species’ range, and reflects unique contains the physical or biological considerations or protection due to ecological features within the range of features essential to the conservation of recreational activities. the species because it comprises the species, is currently functional Subunit 4C: Sequoia Kings populations that are stream-based. Unit habitat sustaining frogs, and is needed to protect core surviving populations The Sequoia Kings subunit consists of 5, including all subunits, is an essential approximately 67,566 ha (166,958 ac), component of the entirety of this and their unique genetic heritage. and is located in Fresno and Tulare proposed critical habitat designation The physical or biological features Counties, California, approximately 18 due to the unique genetic and essential to the conservation of the km (11.25 mi) west of Highway 395 and distributional area this unit northern DPS of the mountain yellow- 4.4 km (2.75 mi) southeast of Highway encompasses. The frog populations legged frog in the Coyote Creek subunit 180. The Sequoia Kings subunit consists within Clade 5 of the northern DPS of may require special management entirely of Federal land, all within the mountain yellow-legged frog considerations or protection due to the Sequoia and Kings Canyon National distribution are at very low numbers, presence of introduced fishes and Parks. This subunit is considered to be and face significant threats from habitat recreational activities. within the geographical area occupied fragmentation. Protection of these by the species at the time of listing, and populations and areas necessary for Subunit 5C: Mulkey Meadows range expansion and recovery is central it contains the physical or biological The Mulkey Meadows subunit features essential to the conservation of to the designation of the subunits that comprise Unit 5. consists of approximately 3,175 ha the species, is currently functional (7,846 ac), and is located in Tulare habitat sustaining frogs, and is needed Subunit 5A: Blossom Lakes County, California, approximately 10 to protect core surviving populations km (6.25 mi) west of Highway 395. The and their unique genetic heritage. The Blossom Lakes subunit consists The physical and biological features of approximately 2,069 ha (5,113 ac), Mulkey Meadows subunit consists essential to the conservation of the and is located in Tulare County, entirely of Federal land, all within the northern DPS of the mountain yellow- California, approximately 0.8 km (0.5 Inyo National Forest. This subunit is legged frog in the Sequoia Kings subunit mi) northwest of Silver Lake. The considered to be within the may require special management Blossom Lakes subunit consists entirely geographical area occupied by the considerations or protection due to the of Federal land, located within Sequoia species at the time of listing, and it presence of introduced fishes and National Park and Sequoia National contains the physical or biological recreational activities. Forest. This subunit is considered to be features essential to the conservation of within the geographical area occupied the species, is currently functional Subunit 4D: Kaweah River by the species at the time of listing, and habitat sustaining frogs, and is needed The Kaweah River subunit consists of it contains the physical or biological to protect core surviving populations approximately 3,663 ha (9,052 ac), and features essential to the conservation of and their unique genetic heritage. is located in Tulare County, California, the species, is currently functional The physical or biological features approximately 2.8 km (1.75 mi) east of habitat sustaining frogs, and is needed essential to the conservation of the Highway 198. The Kaweah River to protect core surviving populations northern DPS of the mountain yellow- subunit consists entirely of Federal and their unique genetic heritage. legged frog in the Mulkey Meadows land, all within Sequoia National Park. The physical or biological features subunit may require special This subunit is considered to be within essential to the conservation of the management considerations or the geographical area occupied by the northern DPS of the mountain yellow- protection due to the presence of species at the time of listing, and it legged frog in the Blossom Lakes introduced fishes, grazing activity, and contains the physical or biological subunit may require special recreational activities. features essential to the conservation of management considerations or the species, is currently functional protection due to recreational activities. Yosemite Toad habitat sustaining frogs, and is needed Subunit 5B: Coyote Creek to protect core surviving populations We are proposing 16 units as critical and their unique genetic heritage. The Coyote Creek subunit consists of habitat for the Yosemite toad. The The physical or biological features approximately 9,802 ha (24,222 ac), and critical habitat areas we describe below essential to the conservation of the is located in Tulare County, California, constitute our current best assessment of northern DPS of the mountain yellow- approximately 7.5 km (4.7 mi) south of areas that meet the definition of critical legged frog in the Kaweah River subunit Moraine Lake. Land ownership within habitat for the Yosemite toad. The 16 may require special management this subunit consists of approximately units we propose as critical habitat are considerations or protection due to 9,792 ha (24,197 ac) of Federal land and listed in Table 6, and all 16 units are recreational activities. 10 ha (24 ac) of private land. The Coyote currently occupied.

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TABLE 6—CRITICAL HABITAT UNITS PROPOSED FOR THE YOSEMITE TOAD (IN HECTARES AND ACRES), LAND OWNER- SHIP, AND KNOWN THREATS THAT MAY AFFECT THE ESSENTIAL PHYSICAL OR BIOLOGICAL FEATURES FOR UNITS WITHIN THE GEOGRAPHICAL AREA OCCUPIED BY THE SPECIES AT THE TIME OF LISTING

Critical habitat unit Federal ha (ac) Private ha (ac) Total 1 ha (ac) Known threats 2

1. Blue Lakes/Mokelumne ...... 13,896 987 14,884 2, 4 (34,338) (2,440 ) (36,778) 2. Leavitt Lake/Emigrant ...... 30,789 13 30,803 2, 4 (76,081) (33 ) (76,115) 3. Rogers Meadow ...... 11,797 0 11,797 3N/A (29,150) (0) (29,150) 4. Hoover Lakes ...... 2,303 0 2,303 4 (5,690 ) (0 ) (5,690 ) 5. Tuolumne Meadows/Cathedral ...... 56,477 53 56,530 4 (139,557 ) (131) (139,688) 6. McSwain Meadows ...... 6,472 0 6,472 4 (15,992 ) (0 ) (15,992) 7. Porcupine Flat ...... 1,701 0 1,701 4 (4,204 ) (0) (4,204 ) 8. Westfall Meadows ...... 1,859 0 1,859 4 (4,594 ) (0 ) (4,594 ) 9. Triple Peak ...... 4,377 0 4,377 4 (10,816) (0 ) (10,816) 10. Chilnualna ...... 6,212 0 6,212 4 (15,351 ) (0 ) (15,351) 11. Iron Mountain ...... 7,404 302 7,706 2, 3, 4 (18,296 ) (747) (19,043 ) 12. Silver Divide ...... 39,986 1 39,987 2, 4 (98,807 ) (2 ) (98,809 ) 13. Humphrys Basin/Seven Gables ...... 20,658 8 20,666 3, 4 (51,046) (21 ) (51,067) 14. Kaiser/Dusy ...... 70,670 308 70,978 2, 3, 4 (174,629 ) (761 ) (175,390 ) 15. Upper Goddard Canyon ...... 14,905 0 14,905 3N/A (36,830 ) (0 ) (36,830 ) 16. Round Corral Meadow ...... 12,613 97 12,711 2, 4 (31,168 ) (241) (31,409 )

Total ...... 302,188 1,771 303,889 (746,551 ) (4,376 ) (750,926 ) Note: Area sizes may not sum due to rounding. 1Area estimates in ha (ac) reflect the entire area within the proposed critical habitat unit boundaries. Area estimates are rounded to the nearest whole integer that is equal to or greater than 1. 2Codes of known threats that may require special management considerations or protection of the essential physical or biological features: 1. Water Diversions 2. Grazing 3. Timber Harvest/Fuels Reduction 4. Recreation 3Indicates no manageable threats (disease, predation, and climate change are not included in this table).

We present brief descriptions of all Unit 1: Blue Lakes/Mokelumne high genetic diversity. The Blue Lakes/ units and reasons why they meet the Mokelumne unit is an essential definition of critical habitat for the This unit consists of approximately component of the entirety of this Yosemite toad below. Each unit 14,884 ha (36,778 ac), and is located in proposed critical habitat designation proposed as critical habitat for the Alpine County, California, north and due to the genetic and distributional Yosemite toad contains aquatic habitat south of Highway 4. Land ownership area this unit encompasses. for breeding activities (PCE 1) and within this unit consists of The physical or biological features upland habitat for foraging, dispersal, approximately 13,896 ha (34,338 ac) of essential to the conservation of the and overwintering activities (PCE 2), Federal land and 987 ha (2,440 ac) of Yosemite toad in the Blue Lakes/ private land. The Blue Lakes/ and is currently occupied by the Mokelumne unit may require special Mokelumne unit is predominantly species. Each unit contains the physical management considerations or within the Eldorado, Humboldt- and biological features essential to the protection due to grazing and Toiyabe, and Stanislaus National conservation of the Yosemite toad, recreational activities. Forests. This unit is currently occupied which may require special management and contains the physical or biological Unit 2: Leavitt Lake/Emigrant (see the Special Management features essential to the conservation of This unit consists of approximately Considerations or Protection section of the species. This unit is considered 30,803 ha (76,115 ac), and is located this proposed rule for a detailed essential to the conservation of the near the border of Alpine, Tuolumne, discussion of the threats to Yosemite species because it represents the and Mono Counties, California, toad habitat and potential management northernmost portion of the Yosemite predominantly south of Highway 108. considerations). toad range and constitutes an area of Land ownership within this unit

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consists of approximately 30,789 ha Lakes unit is located along the border of special management considerations or (76,081 ac) of Federal land and 13 ha Mono and Tuolumne Counties, protection due to recreational activities. (33 ac) of private land. The Leavitt Lake/ California, east of Highway 395. This Unit 6: McSwain Meadows Emigrant unit is predominantly within unit is currently occupied and contains the Stanislaus and Humboldt-Toiyabe the physical or biological features This unit consists of approximately National Forests and Yosemite National essential to the conservation of the 6,472 ha (15,992 ac) of Federal land Park. This unit is currently occupied species. This unit is considered located entirely within Yosemite and contains the physical or biological essential to the conservation of the National Park. The McSwain Meadows features essential to the conservation of species because it contains Yosemite unit is located along the border of the species. This unit is considered toad populations with a high degree of Tuolumne and Mariposa Counties, essential to the conservation of the genetic variability east of the Sierra crest California, north and south of Highway species because it contains a high within the central portion of the species’ 120 in the vicinity of Yosemite Creek. concentration of Yosemite toad breeding range. This unit contains habitats that This unit is currently occupied and locations and represents a variety of are essential to the Yosemite toad facing contains the physical or biological habitat types utilized by the species. an uncertain climate future. The Hoover features essential to the conservation of The Leavitt Lake/Emigrant unit is an Lakes unit is an essential component of the species. This unit is considered essential component of the entirety of the entirety of this proposed critical essential to the conservation of the this proposed critical habitat habitat designation because it provides species because it contains Yosemite designation because it provides a continuity of habitat between adjacent toad populations located at the western continuity of habitat between adjacent units, provides for the maintenance of edge of the range of the species within units, as well as providing for a variety genetic variation, and provides habitat the central region of its geographic of habitat types necessary to sustain types necessary to sustain Yosemite distribution. This area contains a Yosemite toad populations under a toad populations under various climate concentration of Yosemite toad variety of climate regimes. regimes. localities, as well as representing a wide The physical or biological features The physical or biological features variety of habitat types utilized by the essential to the conservation of the essential to the conservation of species. This unit contains habitats that Yosemite toad in the Leavitt Lake/ Yosemite toad in the Hoover Lakes unit are essential to the Yosemite toad facing Emigrant unit may require special may require special management an uncertain climate future. The management considerations or considerations or protection due to McSwain Meadows unit is an essential protection due to grazing and recreational activities. component of the entirety of this recreational activities. proposed critical habitat designation Unit 5: Tuolumne Meadows/Cathedral because it provides a unique geographic Unit 3: Rogers Meadow This unit consists of approximately distribution and variation in habitat This unit consists of approximately 56,530 ha (139,688 ac), and is located types necessary to sustain Yosemite 11,797 ha (29,150 ac) of Federal land within Tuolumne, Mono, Mariposa, and toad populations under various climate located entirely within Humboldt- Madera Counties, California, both north regimes. Toiyabe National Forest and Yosemite and south of Highway 120. Land The physical or biological features National Park. The Rogers Meadow unit ownership within this unit consists of essential to the conservation of is located along the border of Tuolumne approximately 56,477 ha (139,557 ac) of Yosemite toad in the McSwain and Mono Counties, California, north of Federal land and 53 ha (131 ac) of Meadows unit may require special Highway 120. This unit is currently private land. The Tuolumne Meadows/ management considerations or occupied and contains the physical or Cathedral unit is predominantly within protection due to recreational activities. biological features essential to the the Inyo National Forest and Yosemite Unit 7: Porcupine Flat conservation of the species. This unit is National Park. This unit is currently considered essential to the conservation occupied and contains the physical or This unit consists of approximately of the species because it contains a high biological features essential to the 1,701 ha (4,204 ac) of Federal land concentration of Yosemite toad breeding conservation of the species. This unit is located entirely within Yosemite locations, is located in a relatively considered essential to the conservation National Park. The Porcupine Flat unit pristine ecological setting, and of the species because it contains a high is located within Mariposa County, represents a variety of habitat types concentration of Yosemite toad breeding California, north and south of Highway utilized by the species. The Rogers locations, represents a variety of habitat 120 and east of Yosemite Creek. This Meadow unit is an essential component types utilized by the species, has high unit is currently occupied and contains of the entirety of this proposed critical genetic variability, and, due to the long- the physical or biological features habitat designation because it provides term occupancy of this unit, is essential to the conservation of the continuity of habitat between adjacent considered an essential locality for species. This unit is considered units as well as providing for a variety Yosemite toad populations. The essential to the conservation of the of habitat types necessary to sustain Tuolumne Meadows/Cathedral unit is species because it contains a Yosemite toad populations under an essential component of the entirety concentration of Yosemite toad various climate regimes. This unit has of this proposed critical habitat localities in proximity to the western no manageable threats (note that designation because it provides edge of the species’ range within the disease, predation, and climate change continuity of habitat between adjacent central region of its geographic are not considered manageable threats). units, as well as providing for a variety distribution, and provides a wide of habitat types necessary to sustain variety of habitat types utilized by the Unit 4: Hoover Lakes Yosemite toad populations under species. The Porcupine Flat unit is an This unit consists of approximately various climate regimes. essential component of the entirety of 2,303 ha (5,690 ac) of Federal land The physical or biological features this proposed critical habitat located entirely within the Inyo and essential to the conservation of the designation due to its proximity to Unit Humboldt-Toiyabe National Forests and Yosemite toad in the Tuolumne 6, which allows Unit 7 to provide Yosemite National Park. The Hoover Meadows/Cathedral unit may require continuity of habitat between Units 5

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and 6, and its geographic distribution represents a variety of habitat types This unit further contains the and variation in habitat types necessary utilized by the species. The Triple Peak southernmost habitat within the central to sustain Yosemite toad populations unit is an essential component of the portion of the range of the Yosemite under various climate regimes. entirety of this proposed critical habitat toad. The Iron Mountain unit is an The physical or biological features designation because it provides essential component of the entirety of essential to the conservation of the continuity of habitat between adjacent this proposed critical habitat Yosemite toad in the Porcupine Flat units, specifically east-west designation because it provides unit may require special management connectivity, as well as habitat types continuity of habitat between adjacent considerations or protection due to necessary to sustain Yosemite toad units, as well as habitat types necessary recreational activities. populations under various climate to sustain Yosemite toad populations Unit 8: Westfall Meadows regimes. under various climate regimes. The physical or biological features The physical or biological features This unit consists of approximately essential to the conservation of the essential to the conservation of 1,859 ha (4,594 ac) of Federal land Yosemite toad in the Triple Peak unit Yosemite toad in the Iron Mountain unit located entirely within Yosemite may require special management may require special management National Park. The Westfall Meadows considerations or protection due to considerations or protection due to unit is located within Mariposa County, recreational activities. grazing, timber harvest and fuels California, along Glacier Point Road. reduction, and recreational activities. This unit is currently occupied and Unit 10: Chilnualna contains the physical or biological This unit consists of approximately Unit 12: Silver Divide features essential to the conservation of 6,212 ha (15,351 ac) of Federal land This unit consists of approximately the species. The Westfall Meadows unit located entirely within Yosemite 39,987 ha (98,809 ac), and is located is considered essential to the National Park. The Chilnualna unit is within Fresno, Inyo, Madera, and Mono conservation of the species because it located within Mariposa and Madera Counties, California, southeast of the contains Yosemite toad populations Counties, California, north of the South Middle Fork San Joaquin River. Land located at the western edge of the Fork Merced River. This unit is ownership within this unit consists of species’ range within the central region currently occupied and contains the approximately 39,986 ha (98,807 ac) of of its geographic distribution, and south physical or biological features essential Federal land and 1 ha (2 ac) of private of the Merced River. Given that the to the conservation of the species. This land. The Silver Divide unit is Merced River acts as a dispersal barrier unit is considered essential to the predominantly within the Inyo and in this portion of Yosemite National conservation of the species because it Sierra National Forests. This unit is Park, it is unlikely that there is genetic contains a high concentration of currently occupied and contains the exchange between Unit 8 and Unit 6; Yosemite toad breeding locations and physical or biological features essential thus Unit 8 represents an important represents a variety of habitat types to the conservation of the species. This geographic and genetic distribution of utilized by the species. The Chilnualna unit is considered essential to the the species essential to conservation. Unit is an essential component of the conservation of the species because it This unit contains habitats essential to entirety of this proposed critical habitat contains a high concentration of the conservation of the Yosemite toad designation because it provides Yosemite toad breeding locations and facing an uncertain climate future. Unit continuity of habitat between adjacent represents a variety of habitat types 8 is an essential component of the units, as well as habitat types necessary utilized by the species. The Silver entirety of this proposed critical habitat to sustain Yosemite toad populations Divide unit is an essential component of designation because it provides a under various climate regimes. the entirety of this proposed critical unique geographic distribution and The physical or biological features habitat designation because it provides variation in habitat types necessary to essential to the conservation of the continuity of habitat between adjacent sustain Yosemite toad populations Yosemite toad in the Chilnualna unit units, as well as habitat types necessary under various climate regimes. may require special management to sustain Yosemite toad populations The physical or biological features considerations or protection due to under various climate regimes. essential to the conservation of the recreational activities. The physical and biological features Yosemite toad in the Westfall Meadows essential to the conservation of the Unit 11: Iron Mountain unit may require special management Yosemite toad in the Silver Divide unit considerations or protection due to This unit consists of approximately may require special management recreational activities. 7,706 ha (19,043 ac), and is located considerations or protection due to within Madera County, California, south grazing and recreational activities. Unit 9: Triple Peak of the South Fork Merced River. Land This unit consists of approximately ownership within this unit consists of Unit 13: Humphrys Basin/Seven Gables 4,377 ha (10,816 ac) of Federal land approximately 7,404 ha (18,296 ac) of This unit consists of approximately located entirely within the Sierra Federal land and 302 ha (747 ac) of 20,666 ha (51,067 ac), and is located National Forest and Yosemite National private land. The Iron Mountain unit is within Fresno and Inyo Counties, Park. The Triple Peak unit is located predominantly within the Sierra California, northeast of the South Fork within Madera County, California, National Forest and Yosemite National San Joaquin River. Land ownership between the Merced River and the Park. This unit is currently occupied within this unit consists of South Fork Merced River. This unit is and contains the physical or biological approximately 20,658 ha (51,046 ac) of currently occupied and contains the features essential to the conservation of Federal land and 8 ha (21 ac) of private physical or biological features essential the species. This unit is considered land. The Humphrys Basin/Seven to the conservation of the species. This essential to the conservation of the Gables unit is predominantly within the unit is considered essential to the species because it contains a high Inyo and Sierra National Forests. This conservation of the species because it concentration of Yosemite toad breeding unit is currently occupied and contains contains a high concentration of locations and represents a variety of the physical or biological features Yosemite toad breeding locations and habitat types utilized by the species. essential to the conservation of the

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species. This unit is considered This unit is currently occupied and critical habitat of such species. In essential to the conservation of the contains the physical or biological addition, section 7(a)(4) of the Act species because it contains a high features essential to the conservation of requires Federal agencies to confer with concentration of Yosemite toad breeding the species. This unit is considered the Service on any agency action that is locations and represents a variety of essential to the conservation of the likely to jeopardize the continued habitat types utilized by the species. species because it contains a high existence of any species proposed to be The Humphrys Basin/Seven Gables unit concentration of Yosemite toad breeding listed under the Act or result in the is an essential component of the entirety locations, represents a variety of habitat destruction or adverse modification of of this proposed critical habitat types utilized by the species, and is proposed critical habitat. designation because it provides located at the easternmost extent within Decisions by the 5th and 9th Circuit continuity of habitat between adjacent the southern portion of the Yosemite Courts of Appeals have invalidated our units, as well as habitat types necessary toad’s range. The Upper Goddard regulatory definition of ‘‘destruction or to sustain Yosemite toad populations Canyon unit is an essential component adverse modification’’ (50 CFR 402.02) under various climate regimes. of the entirety of this proposed critical (see Gifford Pinchot Task Force v. U.S. The physical or biological features habitat designation because it provides Fish and Wildlife Service, 378 F.3d 1059 essential to the conservation of the continuity of habitat between adjacent (9th Cir. 2004) and Sierra Club v. U.S. Yosemite toad in the Humphrys Basin/ units, as well as habitat types necessary Fish and Wildlife Service et al., 245 F.3d Seven Gables unit may require special to sustain Yosemite toad populations 434, 442 (5th Cir. 2001)), and we do not management considerations or under various climate regimes. This unit rely on this regulatory definition when protection due to recreation and timber has no manageable threats (note that analyzing whether an action is likely to harvest/fuels reduction activities. disease, predation, and climate change destroy or adversely modify critical habitat. Under the statutory provisions Unit 14: Kaiser/Dusy are not considered manageable threats). of the Act, we determine destruction or This unit consists of approximately Unit 16: Round Corral Meadow adverse modification on the basis of 70,978 ha (175,390 ac), and is located in This unit consists of approximately whether, with implementation of the Fresno County, California, between the 12,711 ha (31,409 ac), and is located in proposed Federal action, the affected south fork of the San Joaquin River and Fresno County, California, south of the critical habitat would continue to serve the north fork of the Kings River. Land North Fork Kings River. Land its intended conservation role for the ownership within this unit consists of ownership within this unit consists of species. approximately 70,670 ha (174,629 ac) of approximately 12,613 ha (31,168 ac) of If a Federal action may affect a listed Federal land and 308 ha (761 ac) of Federal land and 97 ha (241 ac) of species or its critical habitat, the private land. The Kaiser/Dusy unit is private land. The Round Corral Meadow responsible Federal agency (action predominantly within the Sierra unit is predominantly within the Sierra agency) must enter into consultation National Forest. This unit is currently National Forest. This unit is considered with us. Examples of actions that are occupied and contains the physical or essential to the conservation of the subject to the section 7 consultation biological features essential to the species because it contains a high process are actions on State, tribal, conservation of the species. This unit is concentration of Yosemite toad breeding local, or private lands that require a considered essential to the conservation locations, represents a variety of habitat Federal permit (such as a permit from of the species because it contains a high types utilized by the species, and the U.S. Army Corps of Engineers under concentration of Yosemite toad breeding encompasses the southernmost portion section 404 of the Clean Water Act (33 locations, represents a variety of habitat of the range of the species. The Round U.S.C. 1251 et seq.) or a permit from the types utilized by the species, and is Corral Meadow unit is an essential Service under section 10 of the Act) or located at the represents southwestern component of the entirety of this that involve some other Federal action extent of the Yosemite toad range. The proposed critical habitat designation (such as funding from the Federal Kaiser/Dusy unit is an essential because it provides continuity of habitat Highway Administration, Federal component of the entirety of this between adjacent units, represents the Aviation Administration, or the Federal proposed critical habitat designation southernmost portion of the range, and Emergency Management Agency). because it provides continuity of habitat provides habitat types necessary to Federal actions not affecting listed between adjacent units, as well as sustain Yosemite toad populations species or critical habitat, and actions habitat types necessary to sustain under various climate regimes. on State, tribal, local, or private lands Yosemite toad populations under The physical or biological features that are not federally funded or various climate regimes. essential to the conservation of the authorized, do not require section 7 The physical or biological features Yosemite toad in the Round Corral consultation. essential to the conservation of the Meadow unit may require special As a result of section 7 consultation, Yosemite toad in the Kaiser/Dusy unit management considerations or we document compliance with the may require special management protection due to grazing and requirements of section 7(a)(2) through considerations or protection due to recreational activities. our issuance of: grazing, timber harvest and fuels (1) A concurrence letter for Federal reduction, and recreational activities. Effects of Critical Habitat Designation actions that may affect, but are not likely to adversely affect, listed species Unit 15: Upper Goddard Canyon Section 7 Consultation or critical habitat; or This unit consists of approximately Section 7(a)(2) of the Act requires (2) A biological opinion for Federal 14,905 ha (36,830 ac) of Federal land Federal agencies, including the Service, actions that may affect, and are likely to located entirely within Kings Canyon to ensure that any action they fund, adversely affect, listed species or critical National Park and the Sierra National authorize, or carry out is not likely to habitat. Forest. The Upper Goddard Canyon unit jeopardize the continued existence of When we issue a biological opinion is located within Fresno and Inyo any endangered species or threatened concluding that a project is likely to Counties, California, at the upper reach species or result in the destruction or jeopardize the continued existence of a of the South Fork San Joaquin River. adverse modification of designated listed species and/or destroy or

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adversely modify critical habitat, we provide for the conservation of these would degrade or eliminate mountain provide reasonable and prudent species. As discussed above, the role of yellow-legged frog habitat. These alternatives to the project, if any are critical habitat is to support life-history actions can also lead to increased identifiable, that would avoid the needs of the species and provide for the sedimentation and degradation in water likelihood of jeopardy and/or conservation of the species. quality to levels that are beyond the destruction or adverse modification of Section 4(b)(8) of the Act requires us tolerances of the Sierra Nevada yellow- critical habitat. We define ‘‘reasonable to briefly evaluate and describe, in any legged frog or northern DPS of the and prudent alternatives’’ (at 50 CFR proposed or final regulation that mountain yellow-legged frog. 402.02) as alternative actions identified designates critical habitat, activities (4) Actions that significantly reduce during consultation that: involving a Federal action that may or limit the availability of breeding or (1) Can be implemented in a manner destroy or adversely modify such overwintering aquatic habitat for the consistent with the intended purpose of habitat, or that may be affected by such Sierra Nevada yellow-legged frog or the action, designation. northern DPS of the mountain yellow- (2) Can be implemented consistent Activities that may affect critical legged frog. Such activities could with the scope of the Federal agency’s habitat, when carried out, funded, or include, but are not limited to, stocking legal authority and jurisdiction, authorized by a Federal agency, should of introduced fishes, water diversion, (3) Are economically and result in consultation for the Sierra water withdrawal, and hydropower technologically feasible, and Nevada yellow-legged frog and northern generation. These actions could lead to (4) Would in the Director’s opinion, DPS mountain yellow-legged frog. These the reduction in available breeding and avoid the likelihood of jeopardizing the activities include, but are not limited to: overwintering habitat for the Sierra continued existence of listed species (1) Actions that significantly alter Nevada yellow-legged frog or northern and/or resulting in the destruction or water chemistry or temperature. Such DPS of the mountain yellow-legged frog adverse modification of critical habitat. activities could include, but are not through reduction in water depth Reasonable and prudent alternatives limited to, release of chemicals, necessary for the frog to complete its life can vary from slight project biological pollutants, or heated effluents cycle. Additionally, the stocking of modifications to extensive redesign or into surface water or into connected introduced fishes could prevent or relocation of the project. Costs ground water at a point source or by preclude recolonization of otherwise associated with implementing a dispersed release (non-point source). available breeding or overwintering reasonable and prudent alternative are These activities may alter water habitats, which is necessary for range similarly variable. conditions beyond the tolerances of the expansion and recovery of Sierra Regulations at 50 CFR 402.16 require Sierra Nevada yellow-legged frog or Nevada yellow-legged frog and northern Federal agencies to reinitiate northern DPS of the mountain yellow- DPS of the mountain yellow-legged frog consultation on previously reviewed legged frog and result in direct or metapopulations. actions in instances where we have cumulative adverse effects to Activities that may affect critical listed a new species or subsequently individuals and their life cycles. habitat, when carried out, funded, or designated critical habitat that may be (2) Actions that would significantly authorized by a Federal agency, should affected and the Federal agency has increase sediment deposition within the result in consultation for the Yosemite retained discretionary involvement or stream channel, lake, or other aquatic toad. These activities include, but are control over the action (or the agency’s feature, or disturb riparian foraging and not limited to: discretionary involvement or control is dispersal habitat. Such activities could (1) Actions that significantly alter authorized by law). Consequently, include, but are not limited to, excessive water chemistry or temperature. Such Federal agencies sometimes may need to sedimentation from livestock activities could include, but are not request reinitiation of consultation with overgrazing, road construction, channel limited to, release of chemicals, us on actions for which formal alteration, timber harvest, unauthorized biological pollutants, or heated effluents consultation has been completed, if off-road vehicle or recreational use, and into the surface water or into connected those actions with discretionary other watershed and floodplain ground water at a point source or by involvement or control may affect disturbances. These activities could dispersed release (non-point source). subsequently listed species or eliminate or reduce the habitat These activities could alter water designated critical habitat. necessary for the growth and conditions beyond the tolerances of the reproduction of the Sierra Nevada Yosemite toad and result in direct or Application of the ‘‘Adverse yellow-legged frog or northern DPS of cumulative adverse effects to these Modification’’ Standard the mountain yellow-legged frog by individuals and their life cycles. The key factor related to the adverse increasing the sediment deposition to (2) Actions that would significantly modification determination is whether, levels that would adversely affect a increase sediment deposition within the with implementation of the proposed frog’s ability to complete its life cycle. wet meadow systems and other aquatic Federal action, the affected critical (3) Actions that would significantly features utilized by Yosemite toad or habitat would continue to serve its alter channel or lake morphology, disturb upland foraging and dispersal intended conservation role for the geometry, or water availability. Such habitat. Such activities could include, species. Activities that may destroy or activities could include, but are not but are not limited to, excessive adversely modify critical habitat are limited to, channelization, sedimentation from livestock those that alter the physical or impoundment, road and bridge overgrazing, road construction, biological features to an extent that construction, development, mining, inappropriate fuels management appreciably reduces the functionality of dredging, destruction of riparian activities, channel alteration, an individual critical habitat unit or vegetation, water diversion, water inappropriate timber harvest activities, subunit, thereby appreciably reducing withdrawal, and hydropower unauthorized off-road vehicle or the suitability of critical habitat for the generation. These activities may lead to recreational use, and other watershed Sierra Nevada yellow-legged frog, the changes to the hydrologic function of and floodplain disturbances. These northern DPS of the mountain yellow- the channel or lake, and alter the timing, activities could eliminate or reduce the legged frog, or the Yosemite toad to duration, waterflows, and levels that habitat necessary for the growth and

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reproduction of the Yosemite toad by The National Defense Authorization Exclusions Based on Economic Impacts increasing the sediment deposition to Act for Fiscal Year 2004 (Pub. L. 108– Under section 4(b)(2) of the Act, we levels that would adversely affect a 136) amended the Act to limit areas consider the economic impacts of toad’s ability to complete its life cycle. eligible for designation as critical specifying any particular area as critical (3) Actions that would significantly habitat. Specifically, section 4(a)(3)(B)(i) habitat. In order to consider economic alter wet meadow or pond morphology, of the Act (16 U.S.C. 1533(a)(3)(B)(i)) impacts, we are preparing an analysis of geometry, or inundation period. Such now provides: ‘‘The Secretary shall not the economic impacts of the proposed activities could include, but are not designate as critical habitat any lands or critical habitat designation and related limited to, livestock overgrazing, other geographical areas owned or factors. The proposed critical habitat channelization, impoundment, road and controlled by the Department of bridge construction, mining, dredging, areas include Federal, State, and private Defense, or designated for its use, that lands, some of which are used for and inappropriate vegetation are subject to an integrated natural management. These activities may lead livestock grazing, timber harvest, and resources management plan prepared recreation (for example, camping, to changes in the hydrologic function of under section 101 of the Sikes Act (16 the wet meadow or pond and alter the hiking, and fishing). Other land uses U.S.C. 670a), if the Secretary determines that may be affected will be identified timing, duration, waterflows, and levels in writing that such plan provides a that would degrade or eliminate as we develop a draft economic analysis benefit to the species for which critical for the proposed designation. Yosemite toad habitat. These actions habitat is proposed for designation.’’ can also lead to increased sedimentation We will announce the availability of There are no Department of Defense and degradation in water quality to the draft economic analysis as soon as lands with a completed INRMP within levels that are beyond the tolerances of it is completed, at which time we will the proposed critical habitat the Yosemite toad. seek public review and comment. At (4) Actions that eliminate upland designations. that time, copies of the draft economic foraging or overwintering habitat, as Exclusions analysis will be available for well as dispersal habitat, for the downloading from the Internet at Yosemite toad. Such activities could Application of Section 4(b)(2) of the Act http://www.regulations.gov, or by contacting the Sacramento Fish and include, but are not limited to, livestock Section 4(b)(2) of the Act states that Wildlife Office directly (see FOR overgrazing, road construction, the Secretary shall designate and make FURTHER INFORMATION CONTACT). During recreational development, timber revisions to critical habitat on the basis the development of a final designation, harvest activities, unauthorized off-road of the best available scientific data after we will consider economic impacts, vehicle or recreational use, and other taking into consideration the economic public comments, and other new watershed and floodplain disturbances. impact, national security impact, and information, and areas may be excluded any other relevant impact of specifying Exemptions from the final critical habitat any particular area as critical habitat. designation under section 4(b)(2) of the Application of Section 4(a)(3) of the Act The Secretary may exclude an area from Act and our implementing regulations at The Sikes Act Improvement Act of critical habitat if he determines that the 50 CFR 424.19. 1997 (Sikes Act) (16 U.S.C. 670a) benefits of such exclusion outweigh the required each military installation that benefits of specifying such area as part Exclusions Based on National Security includes land and water suitable for the of the critical habitat, unless he Impacts conservation and management of determines, based on the best scientific Under section 4(b)(2) of the Act, we natural resources to complete an data available, that the failure to consider whether there are lands owned integrated natural resources designate such area as critical habitat or managed by the Department of management plan (INRMP) by will result in the extinction of the November 17, 2001. An INRMP Defense where a national security species. In making that determination, impact might exist. In preparing this integrates implementation of the the statute on its face, as well as the military mission of the installation with proposal, we have determined that the legislative history, are clear that the lands within the proposed designation stewardship of the natural resources Secretary has broad discretion regarding found on the base. Each INRMP of critical habitat for Sierra Nevada which factor(s) to use and how much yellow-legged frog, northern DPS of the includes: weight to give to any factor. (1) An assessment of the ecological mountain yellow-legged frog, and needs on the installation, including the Under section 4(b)(2) of the Act, we Yosemite toad are not owned or need to provide for the conservation of may exclude an area from designated managed by the Department of Defense, listed species; critical habitat based on economic and, therefore, we anticipate no impact (2) A statement of goals and priorities; impacts, impacts on national security, on national security. Consequently, the (3) A detailed description of or any other relevant impacts. In Secretary is not currently seeking to management actions to be implemented considering whether to exclude a exercise his discretion to exclude any to provide for these ecological needs; particular area from the designation, we areas from the final designation based and identify the benefits of including the on impacts on national security. (4) A monitoring and adaptive area in the designation, identify the Exclusions Based on Other Relevant management plan. benefits of excluding the area from the Among other things, each INRMP designation, and evaluate whether the Impacts must, to the extent appropriate and benefits of exclusion outweigh the Under section 4(b)(2) of the Act, we applicable, provide for fish and wildlife benefits of inclusion. If the analysis consider any other relevant impacts, in management; fish and wildlife habitat indicates that the benefits of exclusion addition to economic impacts and enhancement or modification; wetland outweigh the benefits of inclusion, the impacts on national security. We protection, enhancement, and Secretary may exercise his discretion to consider a number of factors, including restoration where necessary to support exclude the area only if such exclusion whether the landowners have developed fish and wildlife; and enforcement of would not result in the extinction of the any habitat conservation plans (HCPs) applicable natural resource laws. species. or other management plans for the area,

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or whether there are conservation Regulatory Flexibility Act (5 U.S.C. 601 small governmental jurisdictions, partnerships that would be encouraged et seq.), Energy Supply, Distribution, or including school boards and city and by designation of, or exclusion from, Use—Executive Order 13211, Unfunded town governments that serve fewer than critical habitat. In addition, we look at Mandates Reform Act (2 U.S.C. 1501 et 50,000 residents; and small businesses any tribal issues, and consider the seq.), and Small Business Regulatory (13 CFR 121.201). Small businesses government-to-government relationship Enforcement Fairness Act (SBREFA), include such businesses as of the United States with tribal entities. findings until after this analysis is done. manufacturing and mining concerns We also consider any social impacts that with fewer than 500 employees, Regulatory Planning and Review wholesale trade entities with fewer than might occur because of the designation. (Executive Orders 12866 and 13563) In preparing this proposal, we have 100 employees, retail and service determined that there are currently no Executive Order 12866 provides that businesses with less than $5 million in HCPs or other management plans for the Office of Information and Regulatory annual sales, general and heavy Sierra Nevada yellow-legged frog, Affairs (OIRA) will review all significant construction businesses with less than northern DPS of the mountain yellow- rules. The Office of Information and $27.5 million in annual business, legged frog, or Yosemite toad, and the Regulatory Affairs has determined that special trade contractors doing less than proposed designation does not include this rule is not significant. $11.5 million in annual business, and any tribal lands or trust resources. Executive Order 13563 reaffirms the forestry and logging operations with Therefore, we anticipate no impact to principles of E.O. 12866 while calling fewer than 500 employees and annual tribal lands, partnerships, or HCPs from for improvements in the nation’s business less than $7 million. To this proposed critical habitat regulatory system to promote determine whether small entities may designation. Accordingly, the Secretary predictability, to reduce uncertainty, be affected, we will consider the types is not currently seeking to exercise his and to use the best, most innovative, of activities that might trigger regulatory discretion to exclude any areas from the and least burdensome tools for impacts under this designation as well final designation based on other achieving regulatory ends. The as types of project modifications that relevant impacts. executive order directs agencies to may result. In general, the term consider regulatory approaches that ‘‘significant economic impact’’ is meant Peer Review reduce burdens and maintain flexibility to apply to a typical small business In accordance with our joint policy on and freedom of choice for the public firm’s business operations. peer review published in the Federal where these approaches are relevant, Importantly, the incremental impacts Register on July 1, 1994 (59 FR 34270), feasible, and consistent with regulatory of a rule must be both significant and we will seek the expert opinions of at objectives. E.O. 13563 emphasizes substantial to prevent certification of the least three appropriate and independent further that regulations must be based rule under the RFA and to require the specialists regarding this proposed rule. on the best available science and that preparation of an initial regulatory The purpose of such review is to ensure the rulemaking process must allow for flexibility analysis. If a substantial that our proposed actions are based on public participation and an open number of small entities are affected by scientifically sound data, assumptions, exchange of ideas. We have developed the proposed critical habitat and analyses. We have invited these this rule in a manner consistent with designation, but the per-entity economic peer reviewers to comment, during the these requirements. impact is not significant, the Service public comment period, on the specific Regulatory Flexibility Act (5 U.S.C. 601 may certify. Likewise, if the per-entity assumptions and conclusions in this et seq.) economic impact is likely to be proposed designation of critical habitat. significant, but the number of affected We will consider all comments and Under the Regulatory Flexibility Act entities is not substantial, the Service information we receive during the (RFA; 5 U.S.C. 601 et seq.) as amended may also certify. comment period on this proposed rule by the Small Business Regulatory Under the RFA, as amended, and during preparation of a final Enforcement Fairness Act (SBREFA) of following recent court decisions, determination. Accordingly, the final 1996 (5 U.S.C 801 et seq.), whenever an Federal agencies are only required to decision may differ from this proposal. agency must publish a notice of evaluate the potential incremental rulemaking for any proposed or final impacts of rulemaking on those entities Public Hearings rule, it must prepare and make available directly regulated by the rulemaking Section 4(b)(5) of the Act provides for for public comment a regulatory itself, and not the potential impacts to one or more public hearings on this flexibility analysis that describes the indirectly affected entities. The proposal, if requested. Requests must be effects of the rule on small entities regulatory mechanism through which received within 45 days after the date of (small businesses, small organizations, critical habitat protections are realized publication of this proposed rule in the and small government jurisdictions). is section 7 of the Act, which requires Federal Register. Such requests must be However, no regulatory flexibility Federal agencies, in consultation with sent to the address shown in the FOR analysis is required if the head of the the Service, to ensure that any action FURTHER INFORMATION CONTACT. We will agency certifies the rule will not have a authorized, funded, or carried by the schedule public hearings on this significant economic impact on a Agency is not likely to adversely modify proposal, if any are requested, and substantial number of small entities. critical habitat. Therefore, only Federal announce the dates, times, and places of The SBREFA amended the RFA to action agencies are directly subject to those hearings, as well as how to obtain require Federal agencies to provide a the specific regulatory requirement reasonable accommodations, in the certification statement of the factual (avoiding destruction and adverse Federal Register and local newspapers basis for certifying that the rule will not modification) imposed by critical at least 15 days before the hearing. have a significant economic impact on habitat designation. Under these a substantial number of small entities. circumstances, it is our position that Required Determinations According to the Small Business only Federal action agencies will be Our draft economic analysis will be Administration, small entities include directly regulated by this designation. completed after this proposed rule is small organizations such as Therefore, because Federal agencies are published. Therefore, we will defer our independent nonprofit organizations; not small entities, the Service may

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certify that the proposed critical habitat will further evaluate this issue as we an action, may be indirectly impacted rule will not have a significant conduct our economic analysis, and by the designation of critical habitat, the economic impact on a substantial review and revise this assessment as legally binding duty to avoid number of small entities. warranted. destruction or adverse modification of We acknowledge, however, that in critical habitat rests squarely on the Unfunded Mandates Reform Act (2 some cases, third-party proponents of Federal agency. Furthermore, to the U.S.C. 1501 et seq.) the action subject to permitting or extent that non-Federal entities are funding may participate in a section 7 In accordance with the Unfunded indirectly impacted because they consultation, and thus may be indirectly Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate affected. We believe it is good policy to seq.), we make the following findings: in a voluntary Federal aid program, the assess these impacts if we have (1) This rule would not produce a Unfunded Mandates Reform Act would sufficient data before us to complete the Federal mandate. In general, a Federal not apply, nor would critical habitat necessary analysis, whether or not this mandate is a provision in legislation, shift the costs of the large entitlement analysis is strictly required by the RFA. statute, or regulation that would impose programs listed above onto State While this proposed regulation does not an enforceable duty upon State, local, or governments. directly regulate these entities, in our tribal governments, or the private sector, (2) We do not believe that this rule draft economic analysis we will conduct and includes both ‘‘Federal would significantly or uniquely affect a brief evaluation of the potential intergovernmental mandates’’ and small governments because a very tiny number of third parties participating in ‘‘Federal private sector mandates.’’ fraction of designated critical habitat is consultations on an annual basis in These terms are defined in 2 U.S.C. within the jurisdiction of small order to ensure a more complete 658(5)–(7). ‘‘Federal intergovernmental governments. Therefore, a Small examination of the incremental effects mandate’’ includes a regulation that Government Agency Plan is not of this proposed rule in the context of ‘‘would impose an enforceable duty required. However, we will further the RFA. upon State, local, or tribal governments’’ evaluate this issue as we conduct our In conclusion, we believe that, based with two exceptions. It excludes ‘‘a economic analysis, and review and on our interpretation of directly condition of Federal assistance.’’ It also revise this assessment if appropriate. regulated entities under the RFA and excludes ‘‘a duty arising from relevant case law, this proposed participation in a voluntary Federal Takings—Executive Order 12630 designation of critical habitat would program,’’ unless the regulation ‘‘relates In accordance with Executive Order only directly regulate Federal agencies, to a then-existing Federal program 12630 (Government Actions and which are not by definition small under which $500,000,000 or more is Interference with Constitutionally business entities. As such, we certify provided annually to State, local, and Protected Private Property Rights), we that, if promulgated, this designation of tribal governments under entitlement have analyzed the potential takings critical habitat would not have a authority,’’ if the provision would implications of designating critical significant economic impact on a ‘‘increase the stringency of conditions of habitat for Sierra Nevada yellow-legged substantial number of small business assistance’’ or ‘‘place caps upon, or frog, the northern DPS of the mountain entities. Therefore, an initial regulatory otherwise decrease, the Federal yellow-legged frog, and the Yosemite flexibility analysis is not required. Government’s responsibility to provide toad in a takings implications However, though not necessarily funding,’’ and the State, local, or tribal assessment. Critical habitat designation required by the RFA, in our draft governments ‘‘lack authority’’ to adjust does not affect landowner actions that economic analysis for this proposal we accordingly. At the time of enactment, do not require Federal funding or will consider and evaluate the potential these entitlement programs were: permits, nor does it preclude effects to third parties that may be Medicaid; Aid to Families with development of habitat conservation involved with consultations with Dependent Children work programs; programs or issuance of incidental take Federal action agencies related to this Child Nutrition; Food Stamps; Social permits to permit actions that do require action. Services Block Grants; Vocational Federal funding or permits to go Rehabilitation State Grants; Foster Care, forward. The takings implications Energy Supply, Distribution, or Use— Adoption Assistance, and Independent assessment concludes that this Executive Order 13211 Living; Family Support Welfare designation of critical habitat for the Executive Order 13211 (Actions Services; and Child Support Sierra Nevada yellow-legged frog, the Concerning Regulations That Enforcement. ‘‘Federal private sector northern DPS of the mountain yellow- Significantly Affect Energy Supply, mandate’’ includes a regulation that legged frog, and the Yosemite toad does Distribution, or Use) requires agencies ‘‘would impose an enforceable duty not pose significant takings implications to prepare Statements of Energy Effects upon the private sector, except (i) a for lands within or affected by the when undertaking certain actions. We condition of Federal assistance or (ii) a designation. do not expect that, if adopted as duty arising from participation in a proposed, the designation of this voluntary Federal program.’’ Federalism—Executive Order 13132 proposed critical habitat would The designation of critical habitat In accordance with Executive Order significantly affect energy supplies, does not impose a legally binding duty 13132 (Federalism), this proposed rule distribution, or use. The degree of on non-Federal Government entities or does not have significant Federalism spatial overlap between proposed private parties. Under the Act, the only effects. A federalism impact summary critical habitat and extant hydropower regulatory effect is that Federal agencies statement is not required. In keeping is insignificant, and normal operations must ensure that their actions do not with Department of the Interior and of these resources within current destroy or adversely modify critical Department of Commerce policy, we guidelines are not anticipated to habitat under section 7. While non- requested information from, and adversely modify critical habitat. Federal entities that receive Federal coordinated development of, this Therefore, this action is not a significant funding, assistance, or permits, or that proposed critical habitat designation energy action, and no Statement of otherwise require approval or with appropriate State resource agencies Energy Effects is required. However, we authorization from a Federal agency for in California. The designation of critical

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habitat in areas currently occupied by on State or local governments, accordance with Secretarial Order 3206 the Sierra Nevada yellow-legged frog, individuals, businesses, or of June 5, 1997 (American Indian Tribal the northern DPS of the mountain organizations. An agency may not Rights, Federal-Tribal Trust yellow-legged frog, and the Yosemite conduct or sponsor, and a person is not Responsibilities, and the Endangered toad may impose nominal additional required to respond to, a collection of Species Act), we readily acknowledge regulatory restrictions to those currently information unless it displays a our responsibilities to work directly in place and, therefore, may have little currently valid OMB control number. with tribes in developing programs for incremental impact on State and local healthy ecosystems, to acknowledge that National Environmental Policy Act (42 governments and their activities. The tribal lands are not subject to the same U.S.C. 4321 et seq.) designation may have some benefit to controls as Federal public lands, to these governments because the areas It is our position that, outside the remain sensitive to Indian culture, and that contain the physical or biological jurisdiction of the U.S. Court of Appeals to make information available to tribes. features essential to the conservation of for the Tenth Circuit, we do not need to We determined that there are no tribal the species are more clearly defined, prepare environmental analyses lands that are occupied by the Sierra and the elements of the features of the pursuant to NEPA (42 U.S.C. 4321 et Nevada yellow-legged frog, the northern habitat necessary to the conservation of seq.) in connection with designating DPS of the mountain yellow-legged frog, the species are specifically identified. critical habitat under the Act. We or the Yosemite toad at the time of This information does not alter where published a notice outlining our reasons listing that contain the features essential and what federally sponsored activities for this determination in the Federal to conservation of the species, and no may occur. However, it may assist local Register on October 25, 1983 (48 FR tribal lands unoccupied by the Sierra governments in long-range planning 49244). This position was upheld by the Nevada yellow-legged frog, the northern (rather than having them wait for case- U.S. Court of Appeals for the Ninth DPS of the mountain yellow-legged frog, by-case section 7 consultations to Circuit (Douglas County v. Babbitt, 48 and the Yosemite toad that are essential occur). F.3d 1495 (9th Cir. 1995), cert. denied for the conservation of the species. Where State and local governments 516 U.S. 1042 (1996)). Therefore, we are not proposing to require approval or authorization from a Clarity of the Rule designate critical habitat for the Sierra Federal agency for actions that may Nevada yellow-legged frog, the northern affect critical habitat, consultation We are required by Executive Orders DPS of the mountain yellow-legged frog, under section 7(a)(2) would be required. 12866 and 12988 and by the and the Yosemite toad on tribal lands. While non-Federal entities that receive Presidential Memorandum of June 1, Federal funding, assistance, or permits, 1998, to write all rules in plain References Cited or that otherwise require approval or language. This means that each rule we A complete list of references cited in authorization from a Federal agency for publish must: this rulemaking is available on the an action, may be indirectly impacted (1) Be logically organized; Internet at http://www.regulations.gov by the designation of critical habitat, the (2) Use the active voice to address and upon request from the Sacramento legally binding duty to avoid readers directly; Fish and Wildlife Office (see FOR destruction or adverse modification of (3) Use clear language rather than FURTHER INFORMATION CONTACT). critical habitat rests squarely on the jargon; Federal agency. (4) Be divided into short sections and Authors sentences; and The primary authors of this package Civil Justice Reform—Executive Order (5) Use lists and tables wherever 12988 are the staff members of the Sacramento possible. Fish and Wildlife Office. In accordance with Executive Order If you feel that we have not met these 12988 (Civil Justice Reform), the Office requirements, send us comments by one List of Subjects in 50 CFR Part 17 of the Solicitor has determined that the of the methods listed in the ADDRESSES Endangered and threatened species, rule does not unduly burden the judicial section. To better help us revise the Exports, Imports, Reporting and system and that it meets the applicable rule, your comments should be as recordkeeping requirements, standards set forth in sections 3(a) and specific as possible. For example, you Transportation. 3(b)(2) of the Order. We are designating should tell us the numbers of the critical habitat in accordance with the sections or paragraphs that are unclearly Proposed Regulation Promulgation provisions of the Act. To assist the written, which sections or sentences are Accordingly, we propose to amend public in understanding the habitat too long, the sections where you feel part 17, subchapter B of chapter I, title needs of the species, the rule identifies lists or tables would be useful, etc. 50 of the Code of Federal Regulations, the elements of physical or biological as set forth below: Government-to-Government features essential to the conservation of Relationship With Tribes the species. The designated areas of PART 17—[AMENDED] critical habitat are presented on maps, In accordance with the President’s ■ 1. The authority citation for part 17 and the rule provides several options for memorandum of April 29, 1994 continues to read as follows: the interested public to obtain more (Government-to-Government Relations detailed location information, if desired. with Native American Tribal Authority: 16 U.S.C. 1361–1407; 1531– Governments; 59 FR 22951), Executive 1544; and 4201–4245, unless otherwise Paperwork Reduction Act of 1995 (44 Order 13175 (Consultation and noted. U.S.C. 3501 et seq.) Coordination With Indian Tribal ■ 2. In § 17.95, amend paragraph (d) by This rule does not contain any new Governments), and the Department of adding entries for ‘‘Mountain Yellow- collections of information that require the Interior’s manual at 512 DM 2, we legged Frog (Rana muscosa), Northern approval by OMB under the Paperwork readily acknowledge our responsibility California DPS’’, ‘‘Sierra Nevada Reduction Act of 1995 (44 U.S.C. 3501 to communicate meaningfully with Yellow-legged Frog (Rana sierrae)’’, and et seq.). This rule will not impose recognized Federal tribes on a ‘‘Yosemite Toad (Anaxyrus canorus)’’ in recordkeeping or reporting requirements government-to-government basis. In the same alphabetical order that these

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species appear in the table at § 17.11(h), to foster primary productivity of the (2) In areas that contain riparian to read as follows: food web; habitat and upland vegetation (for (3) Open gravel banks and rocks example, mixed conifer, ponderosa § 17.95 Critical habitat—fish and wildlife. projecting above or just beneath the pine, montane hardwood conifer, and * * * * * surface of the water for adult sunning montane riparian woodlands), the (d) Amphibians. posts; canopy overstory should be sufficiently * * * * * (4) Aquatic refugia, including pools thin (generally not to exceed 85 percent) to allow sunlight to reach the aquatic Mountain Yellow-Legged Frog (Rana with bank overhangs, downfall logs or habitat and thereby provide basking muscosa), Northern California DPS branches, or rocks to provide cover from predators; and areas for the species. (1) Critical habitat units are depicted (5) Sufficient food resources to (3) For areas between proximate for Fresno and Tulare Counties, provide for tadpole growth and (within 300m (984 ft)) water bodies California, on the maps below. development. (typical of some high mountain lake (2) Within these areas, the primary (ii) Aquatic nonbreeding habitat habitats), the upland area extends from constituent elements of the physical or (including overwintering habitat). This the bank or shoreline between such biological features essential to the habitat may contain the same water bodies. conservation of the northern DPS of the characteristics as aquatic breeding and (4) Within mesic habitats such as lake mountain yellow-legged frog consist of: rearing habitat (often at the same locale), and meadow systems, the entire area of (i) Aquatic habitat for breeding and and may include lakes, ponds, tarns, physically contiguous or proximate rearing. Habitat that consists of streams, rivers, creeks, plunge pools habitat is suitable for dispersal and permanent water bodies, or those that within intermittent creeks, seeps, and foraging. are either hydrologically connected springs that may not hold water long (B) Upland areas (catchments) with, or close to, permanent water enough for the species to complete its adjacent to and surrounding both bodies, including, but not limited to, aquatic life cycle. This habitat provides breeding and nonbreeding aquatic lakes, streams, rivers, tarns, perennial for shelter, foraging, predator avoidance, habitat that provide for the natural creeks (or permanent plunge pools and aquatic dispersal of juvenile and hydrologic regime (water quantity) of within intermittent creeks), pools (such adult mountain yellow-legged frogs. aquatic habitats. These upland areas as a body of impounded water Aquatic nonbreeding habitat contains: should also allow for the maintenance contained above a natural dam), and (A) Bank and pool substrates of sufficient water quality to provide for other forms of aquatic habitat. This consisting of varying percentages of soil the various life stages of the frog and its habitat must: or silt, sand, gravel, cobble, rock, and (A) Be of sufficient depth not to freeze prey base. boulders; solid (to the bottom) during the winter (3) Critical habitat does not include (no less than 1.7 m (5.6 ft), but generally (B) Open gravel banks and rocks manmade structures (such as buildings, greater than 2.5 m (8.2 ft), and optimally projecting above or just beneath the aqueducts, runways, roads, and other 5 m (16.4 ft) or deeper (unless some surface of the water for adult sunning paved areas) and the land on which they other refuge from freezing is available)). posts; are located existing within the legal (B) Maintain a natural flow pattern, (C) Aquatic refugia, including pools boundaries on the effective date of this including periodic flooding, and have with bank overhangs, downfall logs or rule. functional community dynamics in branches, or rocks to provide cover from (4) Critical habitat map units. The order to provide sufficient productivity predators; critical habitat subunit maps were and a prey base to support the growth (D) Sufficient food resources to originally created using ESRI’s ArcGIS and development of rearing tadpoles provide for tadpole growth and Desktop 10 software and then exported and metamorphs. development; as .emf files. All maps are in the North (C) Be free of fish and other (E) Overwintering refugee, where American Datum of 1983 (NAD83), introduced predators. thermal properties of the microhabitat Universal Transverse Mercator (UTM) (D) Maintain water during the entire protect hibernating life stages from Zone 10N. The California County tadpole growth phase (a minimum of 2 winter freezing, such as crevices or Boundaries dataset (Teale Data Center), years). During periods of drought, these holes within granite, in and near shore; and the USA Minor Highways, USA breeding sites may not hold water long and/or Major Roads, and USA Rivers and enough for individuals to complete (F) Streams, stream reaches, or wet Streams layers (ESRI’s 2010 StreetMap metamorphosis, but they may still be meadow habitats that can function as Data) were incorporated as base layers considered essential breeding habitat if corridors for movement between aquatic to assist in the geographic location of they provide sufficient habitat in most habitats used as breeding or foraging the critical habitat subunits. The years to foster recruitment within the sites. coordinates or plot points or both on reproductive lifespan of individual (iii) Upland areas. which each map is based are available adult frogs. (A) Upland areas adjacent to or to the public on http://regulations.gov at (E) Contain: surrounding breeding and nonbreeding Docket No. FWS–R8–ES–2012–0074, on (1) Bank and pool substrates aquatic habitat that provide area for our Internet site (http://www.fws.gov/ consisting of varying percentages of soil feeding and movement by mountain sacramento), and at the Sacramento or silt, sand, gravel, cobble, rock, and yellow-legged frogs. Fish and Wildlife Office, 2800 Cottage boulders; (1) For stream habitats, this area Way Room W–2605, Sacramento CA (2) Shallower lake microhabitat with extends 25 m (82 ft) from the bank or 95825. solar exposure to warm lake areas and shoreline. BILLING CODE 4310–55–P

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(5) Index map for northern DPS of the mountain yellow-legged frog critical

habitat follows:

Northern DPS of the Mountain Yellow-legged Frog Critical Habitat Index Map

FRESNO CO SUBUNIT4A~

SUBUNIT4C

------SUBUNIT4B~ INYOCO SUBUNIT4~

TULARE CO \l~SUBUNIT 5C ..... ' .. SUBUNIT 5A~ "

" I) ( SUBUNIT 5B \ 0 :_ -_ ~ -_: County boundary '" ~ Critical habitat

o 3 6 12 _-=:=:J ___ Miles o 10 20 _-== ___ Kilometers

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(6) Unit 4 (Subunits 4A, 4B, 4C, 4D), Fresno, Inyo, and Tulare Counties,

California. Map follows:

Northern DPS of the Mountain Yellow-legged Frog Critical Habitat Unit 4: (Subunits 4A, 4B, 4C, 4D) Fresno, Inyo, and Tulare Counties, California

FRESNO CO

SUBUNIT4B

INYOCO

., TULARE CO r • 0" California -- Major road : ___ : County boundary o ~ Critical habitat

o__ 3c:::::i 6____ 12 Miles

o 5 10 20 __=== ____ Kilometers

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* * * * * biological features essential to the as a body of impounded water conservation of the Sierra Nevada contained above a natural dam), and Sierra Nevada Yellow-Legged Frog yellow-legged frog consist of: other forms of aquatic habitat. This (Rana sierrae) (i) Aquatic habitat for breeding and habitat must: (1) Critical habitat units are depicted rearing. Habitat that consists of (A) Be of sufficient depth not to freeze for Lassen, Butte, Plumas, Sierra, permanent water bodies, or those that solid (to the bottom) during the winter Nevada, Placer, El Dorado, Amador, are either hydrologically connected (no less than 1.7 m (5.6 ft), but generally Alpine, Calaveras, Tuolumne, Mono, with, or close to, permanent water greater than 2.5 m (8.2 ft), and optimally Mariposa, Madera, Fresno, and Inyo bodies, including, but not limited to, 5 m (16.4 ft) or deeper (unless some Counties, California, on the maps below. lakes, streams, rivers, tarns, perennial other refuge from freezing is available)). (2) Within these areas, the primary creeks (or permanent plunge pools (B) Maintain a natural flow pattern, constituent elements of the physical or within intermittent creeks), pools (such including periodic flooding, and have

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functional community dynamics in adult mountain yellow-legged frogs. the bank or shoreline between such order to provide sufficient productivity Aquatic nonbreeding habitat contains: water bodies. and a prey base to support the growth (A) Bank and pool substrates (4) Within mesic habitats such as lake consisting of varying percentages of soil and development of rearing tadpoles and meadow systems, the entire area of or silt, sand, gravel, cobble, rock, and and metamorphs. physically contiguous or proximate (C) Be free of fish and other boulders; habitat is suitable for dispersal and introduced predators. (B) Open gravel banks and rocks (D) Maintain water during the entire projecting above or just beneath the foraging. tadpole growth phase (a minimum of 2 surface of the water for adult sunning (B) Upland areas (catchments) years). During periods of drought, these posts; adjacent to and surrounding both breeding sites may not hold water long (C) Aquatic refugia, including pools breeding and nonbreeding aquatic enough for individuals to complete with bank overhangs, downfall logs or habitat that provide for the natural metamorphosis, but they may still be branches, or rocks to provide cover from hydrologic regime (water quantity) of considered essential breeding habitat if predators; aquatic habitats. These upland areas they provide sufficient habitat in most (D) Sufficient food resources to should also allow for the maintenance years to foster recruitment within the provide for tadpole growth and of sufficient water quality to provide for reproductive lifespan of individual development; the various life stages of the frog and its adult frogs. (E) Overwintering refugee, where prey base. (E) Contain: thermal properties of the microhabitat (1) Bank and pool substrates protect hibernating life stages from (3) Critical habitat does not include consisting of varying percentages of soil winter freezing, such as crevices or manmade structures (such as buildings, or silt, sand, gravel, cobble, rock, and holes within granite, in and near shore; aqueducts, runways, roads, and other boulders; and/or paved areas) and the land on which they (2) Shallower lake microhabitat with (F) Streams, stream reaches, or wet are located existing within the legal solar exposure to warm lake areas and meadow habitats that can function as boundaries on the effective date of this to foster primary productivity of the corridors for movement between aquatic rule. food web; habitats used as breeding or foraging (4) Critical habitat map units. The (3) Open gravel banks and rocks sites. critical habitat subunit maps were projecting above or just beneath the (iii) Upland areas. originally created using ESRI’s ArcGIS surface of the water for adult sunning (A) Upland areas adjacent to or Desktop 10 software and then exported posts; surrounding breeding and nonbreeding as .emf files. All maps are in the North (4) Aquatic refugia, including pools aquatic habitat that provide area for American Datum of 1983 (NAD83), with bank overhangs, downfall logs or feeding and movement by mountain Universal Transverse Mercator (UTM) branches, or rocks to provide cover from yellow-legged frogs. Zone 10N. The California County predators; and (1) For stream habitats, this area (5) Sufficient food resources to extends 25 m (82 ft) from the bank or Boundaries dataset (Teale Data Center), provide for tadpole growth and shoreline. and the USA Minor Highways, USA development. (2) In areas that contain riparian Major Roads, and USA Rivers and (ii) Aquatic nonbreeding habitat habitat and upland vegetation (for Streams layers (ESRI’s 2010 StreetMap (including overwintering habitat). This example, mixed conifer, ponderosa Data) were incorporated as base layers habitat may contain the same pine, montane hardwood conifer, and to assist in the geographic location of characteristics as aquatic breeding and montane riparian woodlands), the the critical habitat subunits. The rearing habitat (often at the same locale), canopy overstory should be sufficiently coordinates or plot points or both on and may include lakes, ponds, tarns, thin (generally not to exceed 85 percent) which each map is based are available streams, rivers, creeks, plunge pools to allow sunlight to reach the aquatic to the public on http://regulations.gov at within intermittent creeks, seeps, and habitat and thereby provide basking Docket No. FWS–R8–ES–2012–0074, on springs that may not hold water long areas for the species. our Internet site (http://www.fws.gov/ enough for the species to complete its (3) For areas between proximate sacramento), and at the Sacramento aquatic life cycle. This habitat provides (within 300m (984 ft)) water bodies Fish and Wildlife Office, 2800 Cottage for shelter, foraging, predator avoidance, (typical of some high mountain lake Way Room W–2605, Sacramento CA and aquatic dispersal of juvenile and habitats), the upland area extends from 95825.

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(5) Index map for Sierra Nevada yellow-legged frog critical habitat follows:

Sierra Nevada Yellow-legged Frog Critical Habitat Index Map

... __./' o--SUBUNIT 1 BUN'T1B • BUITE co ~,..---- -I • "" SUBUNIT 2B l SUBUNIT 1 D * ~ SIERRA co I -_ J ,.r- , ....~ ~~-"./~--...!: SUBUNIT 2C l.. __ ~"J .., ... NEVADACo.. •• _ '---. 'SUTTER\ YUBA t " A--.!. i co I co I .,..." PLACER co 11" ; SUBUNIT 2D

-~l \r',r-.... :~-.~·'~~.,-~~.. SUBUNIT 2E ~... I ~ ... 'v,! r EL DORADO CO .... r----...!., ~ ~ SUBUNIT 2F YOLOeQ.... \ co~ ~" 1,. .."_,, , \ ...... _~- • ~ .. SUBUNIT2G I ~ACR~~ENT AMADORC;;.,.... ~.. " SUBUNIT2H

~ I ;:~:E::S~O ...... SUBUNIT 21 r.," UOLUMNE C SUBUNIT 21( SUBUNIT 2J :', SUBUNIT 2L .. SUBUNIT 2M _.. : ... ,< SUB~~;_:~.""J "OOBUNIT3B ' ..... -.., ./'-.' ...... ~. SUBUNIT 2N SUBUNIT 3C "" .. ALAMEDACO! ,;;"r ,,""', " ... I ,; STANISLAUS co,;o \ MARIPOSA CO ~, .... ,.--_..:,' ",; \. ,J ' ....

- 'l ;;.,,- ... .. ,// ..- .. SANTA; ~/;. SUBUNIT 3E .~~~i;~:~C~~.. _fJMERCEDC(~- MADER~:"'/"~·FRESNDCO INYOCO

'.r "'.t ...... " ....' SUBUNIT3F I BENITOSA~ CO ~ • .t , ______... , 0 I '", r---..I TULARE co .,

c~ ~ ~: County boundary ~ Critical habitat

o__ -==::li15 30 ____ 60 Miles

o__ -==:::J 25 50 _____ 100 Kilometers

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(6) Unit I (Subunits lA, I B, I C, 1D), Plumas, Butte, and Sierra Counties,

California. Map follows:

Sierra Nevada Yellow-legged Frog Critical Habitat Unit 1: (Subunits 1A, 1B, 1C, 10) Butte, Plumas, and Sierra Counties, California

SUBUNIT1C?

o

-- Major road California ~ -_ -_ -~ County boundary * o ~ Critical habitat

o__ -=== 7 _____ 14 Miles o___ ====:::JI 12 _____24 Kilometers

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(7) Unit 2 (Subunits 2A, 2B, 2C, 2D), Lassen, Plumas, Sierra, Nevada, and

Placer Counties, California. Map follows:

Sierra Nevada Yellow-legged Frog Critical Habitat Unit 2: (Subunits 2A, 2B, 2C, 20) Lassen, Nevada, Placer, Plumas, and Sierra Counties, California

36

" -'- --,. -- .- , PLUMAS CO ,

"• .I I, - ...... ---.._,

,-" 1-- 1- --" .I ~ ,I"

SUBUNIT2D~

PLACER CO

-- Major road California ~ -_ -_ -~ County boundary o E22ZI Critical habitat

o__ -=== 7.5 15_____ 30 Miles o--===---- 12.5 25 50 Kilometers

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(8) Unit 2 (Subunits 2E, 2F, 20, 2H), Placer, EI Dorado, Amador, Alpine,

Calaveras, Tuolumne, and Mono Counties, California. Map follows:

Sierra Nevada Yellow-legged Frog Critical Habitat Unit 2: (Subunits 2E, 2F, 2G, 2H) Amador, Alpine, Calaveras, EI Dorado, Mono, Placer, and Tuolumne Counties, California PLACE CO

SUBUNIT2F

CALAVERAS CO

-- Major road ~ -_ -_ -~ County boundary o CJ CA state boundary ~ Critical habitat

o__ -===-4 8 ____16 Miles

o__ 6.5-====- 13 ____26 Kilometers

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(9) Unit 2 (Subunits 21, 2J, 2K, 2L, 2M, 2N), Tuolumne and Mono Counties,

California. Map follows:

Sierra Nevada Yellow-legged Frog Critical Habitat Unit 2: (Subunits 21, 2J, 2K, 2L, 2M, 2N) Mono and Tuolumne Counties, California

MONO CO

~ TUOLUMNE CO ~ SUBUNIT2K ~

SUBUNIT 2L ,.. ,...... 1" SUBUNIT 2M ) ) -.A... ..,i~:: .. \. f~I;~ .~ I ~~ SUBUNIT 2N ,) .._I .... _"' ... J MARIPOSA CO ,,,,_,-r1"'\."" ,;' _,.;"" _,,.,..1

-- Major road ~ -_ -_ -~ County boundary o ~ Critical habitat *

o__ -====- 4 8 _____16 Miles

o___ 6.5===- 13 _____26 Kilometers

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(10) Unit 3 (Subunits 3A, 3B, 3C), Tuolumne, Mariposa, Mono, and Madera

Counties, California. Map follows:

MARIPOSA CO

SUBUNIT3C~ MADERA CO o

California -- Major road : ___ : County boundary o ~ Critical habitat

o___ 3=====i 6 ______12Miles

o___ 5===== 10 ______20 Kilomelers

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* * * * * (i) Aquatic breeding habitat. (A) This (B) During periods of drought or less habitat consists of bodies of fresh water, than average rainfall, these breeding Yosemite Toad (Anaxyrus canorus) including wet meadows, slow-moving sites may not hold water long enough (1) Critical habitat units are depicted streams, shallow ponds, spring systems, for individual Yosemite toads to for Alpine, Tuolumne, Mono, Mariposa, and shallow areas of lakes, that: complete metamorphosis, but they are Madera, Fresno, and Inyo Counties, (1) Are typically (or become) still considered essential breeding California, on the maps below. inundated during snowmelt, habitat because they provide habitat in most years. (2) Within these areas, the primary (2) Hold water for a minimum of 5 constituent elements of the physical or weeks, and (ii) Upland areas. (A) This habitat biological features essential to the consists of areas adjacent to or conservation of the Yosemite toad (3) Contain sufficient food for tadpole surrounding breeding habitat up to a consist of two components: development. distance of 1.25 km (0.78 mi) in most

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cases (that is, depending on surrounding (8) The natural hydrologic regime of American Datum of 1983 (NAD83), landscape and dispersal barriers), aquatic habitats (the catchment). Universal Transverse Mercator (UTM) including seeps, springheads, and areas (B) These upland areas should also Zone 10N. The California County that provide: allow maintain sufficient water quality Boundaries dataset (Teale Data Center), (1) Sufficient cover (including rodent to provide for the various life stages of and the USA Minor Highways, USA burrows, logs, rocks, and other surface the Yosemite toad and its prey base. Major Roads, and USA Rivers and objects) to provide summer refugia, (3) Critical habitat does not include Streams layers (ESRI’s 2010 StreetMap (2) Foraging habitat, manmade structures (such as buildings, Data) were incorporated as base layers (3) Adequate prey resources, (4) Physical structure for predator aqueducts, runways, roads, and other to assist in the geographic location of avoidance, paved areas) and the land on which they the critical habitat subunits. The (5) Overwintering refugia for juvenile are located existing within the legal coordinates or plot points or both on and adult Yosemite toads, boundaries on the effective date of this which each map is based are available (6) Dispersal corridors between rule. to the public on http://regulations.gov at aquatic breeding habitats, (4) Critical habitat map units. The Docket No. FWS–R8–ES–2012–0100, on (7) Dispersal corridors between critical habitat subunit maps were our Internet site (http://www.fws.gov/ breeding habitats and areas of suitable originally created using ESRI’s ArcGIS sacramento), and at the Sacramento Fish summer and winter refugia and foraging Desktop 10 software and then exported and Wildlife Office, 2800 Cottage Way habitat, and/or as .emf files. All maps are in the North Room W–2605, Sacramento CA 95825.

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(5) Index map for Yosemite toad critical habitat follows:

Yosemite Toad Critical Habitat Index Map

/,'" , I , .I ., , I ~Unit 1 '\ , , , --.../ " , , ". _~ -tLPINE CO.; "\ .... l , , I '''-./ I 3. , , ~~2% , , ~ MONaCO , , , , , , ru"""",, Unit Un' 4 , ~'t{) , , , , U~ ... \ , , 1'1...... ~f'J , s.... " ",. ,.J- 0 , - 1",. Unit 7 , , , \ MARIPOSA CO ------

MADERA CO

FRESNO CO

E222l Critical Habitat California ~ -_ -~ County Boundary o

o 10 20 30 _1I:::=:J__ -===::::J1 Miles o 25 50 75 __-===:::J. ____ ====IKilomelers Locationallnd~x'

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(6) Unit 1: Blue Lakes/Mokelumne, Alpine County, California. Map follows:

Yosemite Toad Critical Habitat Unit 1 - Blue Lakes I Mokelumne Alpine County, California

ALPINE CO

o

California -- Major road ~ -_ -_ -~ County boundary o ~ Critical habitat

o__ -====- 1.5 3 _____6 Miles o___ 2.5::::::::=:::J. 5 _____10 Kilometers

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(7) Unit 2: Leavitt Lake/Emigrant, Alpine, Mono, and Tuolumne Counties,

California. Map follows:

Yosemite Toad Critical Habitat Unit 2 • Leavitt Lake I Emigrant Alpine, Mono, and Tuolumne Counties, California

ALPINE CO

TUOLUMNE CO o

-- Major road California ~ -. -_ -~ County boundary o ~ Critical habitat *

o__ -=== 2 4_____ 8 Miles

o__ I1:::===3.25 6.5 _____ 13 Kilometers

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(8) Unit 3: Rogers Meadow, Mono and Tuolumne Counties, California. Map

follows:

Yosemite Toad Critical Habitat Unit 3" Rogers Meadow Mono and Tuolumne Counties, California

MONO CO

Mary Lake

TUOLUMNE CO

Virginia Lake

-- Major road ~ "•••• ~ County boundary E222I Critical habitat *

o__ -=== 1.5 ..3 ____ 6 Miles

o 2.5 5 10 __-====- _____ Kilomelers

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(9) Unit 4: Hoover Lakes, Mono and Tuolumne Counties, California. Map

follows:

Yosemite Toad Critical Habitat Unit 4 - Hoover Lakes Mono and Tuolumne Counties, California

t- J\ .... _~ I

\ \ \ ,, ...... , I \ \ , ...... _, ... \

TUOLUMNE CO

California -- Major road ~ -_ -_ -~ County boundary o ~ Critical habitat *

o__ -=== Q5 _____ 2 Miles

o___ ..:====- 0.75 1.5 ______3 Miles

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(10) Unit 5: Tuolumne Meadows/Cathedral, Madera, Mariposa, Mono, and

Tuolumne Counties, California. Map follows:

Yosemite Toad Critical Habitat Unit 5 - Tuolumne Meadows Madera, Mariposa, Mono, and Tuolumne Counties, California

Mono Lake

TUOLUMNE CO

Major road California ~ -_ -_ ~ County boundary o ~ Critical habitat * o__ 1.5=:::::JI 3 ____6 Miles

o__ 2.5=::::::J 5____ 10 Kilometers

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(11) Unit 6: McSwain Meadows, Mariposa and Tuolumne Counties, California.

Map follows:

Yosemite Toad Critical Habitat Unit 6 - McSwain Meadows Mariposa and Tuolumne Counties, California

TUOLUMNE CO

o

-- Major road California ~ -_ -_ -~ County boundary o ~ Critical habitat * 024___-===:::iI ______Miles

o____ 2==== 4______8Kilometers

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(12) Unit 7: Porcupine Flat, Mariposa County, California. Map follows:

Yosemite Toad Critical Habitat Unit 7 - Porcupine Flat Mariposa County, California

MARIPOSA CO o

-- Major road California ~ -_ -_ -~ County boundary o ~ Critical habitat *

o__ IIIIiI::::===- 0.5 ____.Miles 2

o___ -===::::JI 2 ______4 Kilometers

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(13) Unit 8: Westfall Meadows, Mariposa County, California. Map follows:

Yosemite Toad Critical Habitat Unit 8 - Westfall Meadows Mariposa County, California

\ /' ~ " '- ..... '0:: I "t)-i. 19 1...-',, 4 01:: ,/ '~, $&+ MARIPOSA CO / "~ \ '----, \, , / "" 01':: ",\~v,& '() \ ~ ,ro\,: '-, '\ Glacier point 0'· \

-- Major road California ~ -_ -_ -~ County boundary ~ Critical habitat '-'

o__ -====- 0.5 _____2 Miles o--======----- 2 4 Kilometers

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(14) Unit 9: Triple Peak, Madera County, California. Map follows:

Yosemite Toad Critical Habitat Unit 9 . Triple Peak Madera County, California

, McClure Lake

MADERA CO o

-- Major road California ~ -_ -_ -~ County boundary o ~ Critical habitat *

o__ -====-0.75 1.5 _____3Miles

o__ -====- 1.25 2.5 _____5 Kilomelers

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(15) Unit 10: Chilnualna, Madera and Mariposa Counties, California. Map

follows:

Yosemite Toad Critical Habitat Unit 10 - Chilnualna Madera and Mariposa Counties, California

MARIPOSA CO

MADERA CO

Wawona Rd.

-- Major road California ~ -_ -_ -~ County boundary o ~ Critical habitat

o__ 0.75-=== 1.5_____ 3 Miles

o__ -====- 1.25 2.5 _____5 Kilomelers

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(16) Unit 11: Iron Mountain, Madera County, California. Map follows:

Yosemite Toad Critical Habitat Unit 11- Iron Mountain Madera County, California

·"ef ...... ---.. _ .... - ...... ~ south Fork Merced ~\ ,.______/ -r-.. _ .... _ .... - .... - .... - .... - .... _-.. _ ......

I I I

MADERA CO o

-- Major road ~ -_ -_ -~ County boundary o I22Z] Critical habitat

o__ 0.75-====- 1.5 ____3 Miles

o 1.25 2.5 5 Kilomelers , __-===- ____ Locationallndex

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(17) Unit 12: Silver Divide, Fresno, Inyo, Madera, and Mono Counties,

California. Map follows:

Yosemite Toad Critical Habitat Unit 12 - Silver Divide Fresno, Inyo, Madera, and Mono Counties, California I, \

FRESNO CO

-- Major road California ~ -_ -.! County Boundary o ~ Critical habitat *

o__ -====- 2 4 _____8 Miles oIIIIII __3.25===- 6.5 _____13 Kilometers

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(18) Unit 13: Humphrys Basin/Seven Gables,Fresno and Inyo Counties,

California. Map follows:

Yosemite Toad Critical Habitat Unit 13 - Humphreys Basin I Seven Gables Fresno and Inyo Counties, California

FRESNO CO

o

-- Major road California ~ -_ -_ -~ County boundary o ~ Critical habitat * o__ 1.5-===- 3 ____6 Miles

o__ -===:::J2.5 5 _____ 10 Kilometers

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(19) Unit 14:Kaiser/Dusy,Fresno County, California. Map follows:

Yosemite Toad Critical Habitat Unit 14 - Kaiser/Dusy Fresno County, California

-- Major road California ~ -_ -_ -~ County boundary o ~ Critical habitat * o__ -=== 2.5 5_____ 10 Miles

o__ -===4 8_____ 16 Kilometers

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(20) Unit 15: Upper Goddard Canyon, Fresno and lnyo Counties, California.

Map follows:

Yosemite Toad Critical Habitat Unit 15 - Upper Goddard Canyon Fresno and Inyo Counties, California

INYOCO

'.? " Echo Lake . ~~---~.

FRESNO CO

-- Major road California ~ -_ -_ -~ County boundary o ~ Critical habitat * o 1.25 2.5 5 Miles

o--==---__ IIIIIi:===- 2 4 _____8:Kilometers

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* * * * * Dated: April 12, 2013. Rachel Jacobson, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2013–09598 Filed 4–24–13; 8:45 am] BILLING CODE 4310–55–C

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