Vol. 81 Friday, No. 166 August 26, 2016

Part II

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 DPS of the Mountain Yellow-Legged Frog, and the Yosemite Toad; Final Rule

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59046 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

DEPARTMENT OF THE INTERIOR Sacramento CA 95825; telephone 916– current best assessment of the areas that 414–6600; facsimile 916–414–6612. meet the definition of critical habitat for Fish and Wildlife Service The coordinates or plot points or both the Sierra Nevada yellow-legged frog, from which the maps are generated are the northern DPS of the mountain 50 CFR Part 17 included in the administrative record yellow-legged frog, and the Yosemite for this critical habitat designation and toad. Here we are designating: [Docket No. FWS–R8–ES–2012–0074; are available at http:// • Approximately 437,929 ha 4500030113] www.regulations.gov at Docket No. (1,082,147 ac) for the Sierra Nevada FWS–R8–ES–2012–0074, and at the RIN 1018–AY07 Sacramento Fish and Wildlife Office yellow-legged frog in Plumas, Lassen, (http://www.fws.gov/sacramento; see Sierra, Nevada, Placer, El Dorado, Endangered and Threatened Wildlife Amador, Calaveras, Alpine, Mariposa, and Plants; Designation of Critical FOR FURTHER INFORMATION CONTACT, below). Any additional tools or Mono, Madera, Tuolumne, Fresno, and Habitat for the Sierra Nevada Yellow- Inyo Counties, California; Legged Frog, the Northern DPS of the supporting information that we • Approximately 89,637 hectares Mountain Yellow-Legged Frog, and the developed for this critical habitat (221,498 acres) for the northern DPS of Yosemite Toad designation will also be available at the Fish and Wildlife Service Web site and the mountain yellow-legged frog in AGENCY: Fish and Wildlife Service, Field Office set out above, and may also Fresno, Inyo and Tulare Counties, Interior. be included in the preamble of this rule California; and ACTION: Final rule. and at http://www.regulations.gov. • Approximately 303,889 hectares FOR FURTHER INFORMATION CONTACT: (750,926 acres) for the Yosemite toad in SUMMARY: We, the U.S. Fish and Jennifer Norris, Field Supervisor, U.S. Alpine, Tuolumne, Mono, Mariposa, Wildlife Service (Service), designate Fish and Wildlife Service, Sacramento Madera, Fresno, and Inyo Counties, critical habitat for the Sierra Nevada Fish and Wildlife Office, 2800 Cottage California. yellow-legged frog (Rana sierrae), the Way, W–2605, Sacramento CA 95825; northern distinct population segment telephone 916–414–6700; facsimile This rule is a final rule designating (DPS) of the mountain yellow-legged 916–414–6612. If you use a critical habitat for the Sierra Nevada frog (Rana muscosa), and the Yosemite telecommunications device for the deaf yellow-legged frog, the northern DPS of toad (Anaxyrus canorus) under the (TDD), call the Federal Information the mountain yellow-legged frog, and Endangered Species Act of 1973, as Relay Service (FIRS) at 800–877–8339. the Yosemite toad. This rule designates amended (Act). There is significant SUPPLEMENTARY INFORMATION: critical habitat necessary for the overlap in the critical habitat conservation of these listed species. Executive Summary designations for these three species. The We have prepared an economic designated area, taking into account Why we need to publish a rule. This analysis of the designation of critical overlap in the critical habitat is a final rule to designate critical habitat. In order to consider economic designations for these three species, is habitat for the Sierra Nevada yellow- impacts, we have prepared an analysis in total approximately 733,357 hectares legged frog, the northern DPS of the of the economic impacts of the critical (ha) (1,812,164 acres (ac)) in Alpine, mountain yellow-legged frog, and the habitat designations and related factors. Amador, Calaveras, El Dorado, Fresno, Yosemite toad. Under the Endangered We announced the availability of the Inyo, Lassen, Madera, Mariposa, Mono, Species Act, any species that is draft economic analysis (DEA) in the Nevada, Placer, Plumas, Sierra, Tulare, determined to be an endangered or Federal Register on January 10, 2014 and Tuolumne Counties, California. All threatened species requires critical (79 FR 1805), allowing the public to critical habitat units and subunits are habitat to be designated, to the provide comments on our DEA. We occupied by the respective species. The maximum extent prudent and have incorporated the comments and effect of this rule is to designate critical determinable. Designations and have completed the final economic habitat under the Act for the revisions of critical habitat can only be analysis (FEA) concurrently with this conservation of the Sierra Nevada completed by issuing a rule. final determination. yellow-legged frog, the northern DPS of We listed the Sierra Nevada yellow- legged frog and the northern DPS of the Peer review and public comment. We the mountain yellow-legged frog, and formally sought comments from five the Yosemite toad. mountain yellow-legged frog as endangered species, and the Yosemite independent specialists to ensure that DATES: This rule is effective September toad as a threatened species, on April our designations are based on 26, 2016. 29, 2014 (79 FR 24256). On April 25, scientifically sound data and analyses. ADDRESSES: This final rule is available 2013, we published in the Federal We obtained opinions from three on the Internet at http:// Register a proposed critical habitat knowledgeable individuals with www.regulations.gov and http:// designation for the Sierra Nevada scientific expertise to review our www.fws.gov/sacramento. Comments yellow-legged frog, the northern DPS of technical assumptions and analysis, and and materials we received, as well as the mountain yellow-legged frog, and whether or not we had used the best supporting documentation we used in the Yosemite toad (78 FR 24516). available information. These peer preparing this final rule, are available Section 4(b)(2) of the Act states that the reviewers generally concurred with our for public inspection at http:// Secretary shall designate critical habitat methods and conclusions, and provided www.regulations.gov. All of the on the basis of the best available additional information, clarifications, comments, materials, and scientific data after taking into and suggestions to improve this final documentation that we considered in consideration the economic impact, rule. Information we received from peer this rulemaking are available by national security impact, and any other review is incorporated in these final appointment, during normal business relevant impact of specifying any designations. We also considered all hours, at: U.S. Fish and Wildlife particular area as critical habitat. comments and information we received Service, Sacramento Fish and Wildlife The critical habitat areas we are from the public during the comment Office, 2800 Cottage Way, W–2605, designating in this rule constitute our periods.

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59047

Previous Federal Actions All substantive information provided between occupied habitat subunits. during the comment periods has either Specific areas recommended for Please refer to the proposed listing been incorporated directly into this final expansion of Sierra Nevada yellow- rule for the Sierra Nevada yellow-legged determination or is addressed below. legged frog critical habitat included: frog, the northern DPS of the mountain Comments we received are either Hellhole Meadow in the Lake Tahoe yellow-legged frog, and the Yosemite directly answered, or are sometimes Basin Management Unit; Bourland toad (78 FR 24472, April 25, 2013) for grouped into general issues specifically Meadow, Moore Creek, and Skull Creek a detailed description of previous relating to the proposed critical habitat in the Stanislaus National Forest; Federal actions concerning these designation for the Sierra Nevada Middle Creek in the El Dorado National species. yellow-legged frog, the northern DPS of Forest; additions to areas in the Plumas Summary of Comments and the mountain yellow-legged frog, and National Forest, including subunit 1D, Recommendations the Yosemite toad, and are addressed in subunit 1B, and areas to merge subunit the following summary and 1B and 1C across extant localities and We requested written comments from incorporated into the final rule as to increase connectivity and protect the public on the proposed designation appropriate. newly discovered localities in subunit of critical habitat for the Sierra Nevada Comments From Federal Agencies 2A; and the Witcher Meadow/Birch yellow-legged frog, the northern DPS of Creek area to provide a source for frog the mountain yellow-legged frog, and We received comments from three translocations into Rock Creek drainage the Yosemite toad during three Federal agencies regarding the proposed and Eastern Brook Lakes in the Inyo comment periods. The first comment critical habitat designations for the National Forest. USFS also asked about period associated with the publication Sierra Nevada yellow-legged frog, the the potential for future critical habitat of the proposed designation (78 FR northern DPS of the mountain yellow- additions. legged frog, and the Yosemite toad. 24516) opened on April 25, 2013, and Our Response: We concur that our Comments we received are addressed closed on June 24, 2013. A second proposed designation of critical habitat comment period opened on July 19, below. (1) Comment: The U.S. Forest Service did not include broad-scale connectivity 2013, and closed on November 18, 2013 across subunits. However, in many areas (78 FR 43122). We also requested (USFS) suggested removal of certain areas from the proposed critical habitat of high-quality habitat, we are comments on the proposed critical designating large areas that do allow habitat designation and associated draft in the Inyo National Forest for Sierra Nevada yellow-legged frog due to local connectivity between likely economic analysis (DEA) during a third metapopulations as well as some areas comment period that opened on January extirpation, and the removal of Echo Lakes from subunit 2E due to high for dispersal of individuals to recolonize 10, 2014, and closed on March 11, 2014 recreational use and conflicts with historical habitat should management (79 FR 1805). We received requests for Lahontan cutthroat trout introductions. result in positive population trends. We public hearings, and two were held in Our Response: We do not agree that acknowledge that for genetic clades Sacramento, California, on January 30, populations are extirpated in these areas with greater numbers of extant 2014. We also held two public of Inyo National Forest, and we are populations, we did not include every informational meetings, one in therefore not removing these areas from Sierra Nevada yellow-legged frog Bridgeport, California, on January 8, critical habitat. Our records indicate locality. However, designation as 2014, and the other in Fresno, that the populations in these areas critical habitat is not a prerequisite for California, on January 13, 2014. We also remain extant, based on the criteria we future conservation actions (such as participated in several public forums, used to determine occupancy. These those through a conservation strategy one sponsored by Congressman criteria require three consecutive zero- and recovery plan) implemented by the McClintock and two sponsored by count visual-encounter surveys of the agencies with appropriate jurisdiction. Congressman LaMalfa. We also Sierra Nevada yellow-legged frog to Currently, we are working with USFS contacted appropriate Federal, State, confirm extirpation using post-1995 frog and the National Park Service (NPS) on and local agencies; scientific survey records. With regard to critical the development of a conservation organizations; and other interested habitat exclusions, we have evaluated strategy that can help guide parties and invited them to comment on the requests from USFS and many conservation actions until the the proposed rule and DEA during these others (see Comments from States and completion of a recovery plan for Sierra comment periods. Public Comments, below), and have Nevada yellow-legged frog and During the first comment period, we reconsidered the inclusion of a limited Yosemite toad. We agree that these areas received six comment letters directly number of developed reservoirs from are important habitat to consider during addressing the proposed critical habitat our final critical habitat designation. As development of these plans and will be designation. During the second a result of this reconsideration, Echo factored into the conservation of Sierra comment period, we received 545 Lakes (Upper and Lower) are not Nevada yellow-legged frog and comment letters addressing the included in this final critical habitat Yosemite toad. We are optimistic that proposed critical habitat designation or designation. A list of other reservoirs our positive collaborative partnership DEA. During the third comment period, affected by our reconsideration, and our with USFS and NPS will continue in the we received 221 comment letters associated rationale and criteria used to future. Additional critical habitat would addressing the proposed critical habitat derive this list, are explained below (see only be designated under a revision of designation or DEA. During the January Criteria Used To Identify Critical the current critical habitat rule, which 30, 2014, public hearings, 21 Habitat, below). we do not currently envision. individuals or organizations made (2) Comment: USFS requested a mix (3) Comment: USFS and others comments on the designation of critical of critical habitat additions for the commented that our database was habitat for the Sierra Nevada yellow- Sierra Nevada yellow-legged frog and lacking records for all occurrences or legged frog, the northern DPS of the Yosemite toad in certain areas, and they that, in some cases, populations that we mountain yellow-legged frog, and the commented that we did not propose considered extant were actually Yosemite toad. critical habitat to provide connectivity extirpated.

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59048 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

Our Response: As discussed in the possibly conflicting restoration conducted in subunit 2H, we do not occurrence criteria, we used available objectives as a reason to exclude critical anticipate significant impact on USMC location data from multiple sources for habitat for the frogs and toad in these training activities and thus national frog localities seen in surveys since areas. security in this area. Therefore, the 1995 (that have not been confirmed to Our Response: We concur that these Secretary is not exercising her be extirpated through subsequent critical habitat designations do overlap discretion to exclude the Marine Corps surveys) and for Yosemite toad localities as outlined by USFS. Such overlap is to Mountain Warfare Training under documented since 2000. It appears that be expected when methodology for section 4(b)(2) of the Act for purposes of some highlighted data discrepancies are habitat designation is based on physical national security within subunit 2H. We a function of multiple data sources, as or biological features. We do not intend look forward to working with the USMC not all agencies are aware of the same for the designation of critical habitat for and USFS to coordinate future activities records. In some areas, we missed the Sierra Nevada yellow-legged frog within critical habitat. localities, either because we did not and the northern DPS of the mountain (6) Comment: NPS commented that receive the data during our initial data yellow-legged frog to necessarily including upland habitat in the critical request period, or the populations were preclude restoration opportunities for habitat designation for the Sierra actually discovered after drafting the listed fish species in these areas. We Nevada yellow-legged frog and the proposed critical habitat designation. intend to factor in the consideration of northern DPS of the mountain yellow- We often must institute a cutoff date for conflicting species restoration goals legged frog is not required because frogs receipt of new information in order to during the respective conservation are not expected to be in these areas complete our critical habitat planning efforts that will be coordinated unless they are within aquatic habitat designations in time for internal review amongst the Federal and State resource complexes. NPS proposed an alternate and subsequent publication. However, agencies, rather than at the stage of the buffer of 300 meters (m) (980 feet (ft)) to we did have the vast majority of critical habitat designation process. buffer the frogs’ primary habitat. information available during the (5) Comment: The United States Our Response: While we concur that drafting of proposed rule to designate Marine Corps (USMC) requested that the the Sierra Nevada yellow-legged frog critical habitat. Marine Corps Mountain Warfare and the northern DPS of the mountain We have re-evaluated all the available Training Center near Bridgeport be yellow legged frog spend a predominant occupancy data, and other than a exempted under section 4(a)(3) of the amount of their lives in wetland portion of subunit 1A for the Sierra Act (16 U.S.C. 1531 et seq.) due to a habitats, they are known to travel across Nevada yellow-legged frog, we have not draft integrated natural resources mesic terrestrial habitat, and such changed our designation as a result of management plan (INRMP) that is in dispersal and migration is required to the occupancy information for any preparation, and they also requested an recolonize habitat areas from which subunits for Sierra Nevada yellow- exclusion under section 4(b)(2) of the they have been extirpated. Therefore, legged frog, the northern DPS of the Act because of impacts to national this is an essential component of the mountain yellow-legged frog, or security. The Marine Corps Mountain species’ life-history requirements, and Yosemite toad. The limited areas that do Warfare Training Center itself includes inclusion of corridors in mesic habitat have extant populations, unknown to us a base camp and residence quarters, but connecting wetland habitats is an at the time of drafting, are not currently training activities take place across a element of our criteria defining habitat essential for the overall conservation of wide area of the Humboldt-Toiyabe that is essential to the species’ the species because of their limited National Forest. conservation. We do not interpret NPS’s extent. However, through the Our Response: We appreciate the comment to suggest that we exclude development of a final conservation unique nature and value of this training these mesic upland areas. strategy and recovery plan, the potential center for the USMC and other Armed We do concur that frogs are very for these areas to contribute to species Services to meet their high-altitude unlikely to be found in xeric upslope recovery will be considered. training needs. However, we find that habitats (catchments up to ridgelines (4) Comment: USFS commented that the section 4(a)(3) exemption does not where NPS does request exclusions), there is overlap in critical habitat apply in this case because the INRMP some of which were included in the designations for the Yosemite toad and remains in draft form, and thereby does designation. The Sierra Nevada yellow- Lahontan cutthroat trout (Oncorhynchus not fully meet the section 4(a)(3) legged frog and northern DPS of the clarkii henshawi) in the El Dorado, Inyo, exemption standard. In addition, based mountain yellow-legged frog, being Stanislaus, and Sierra National Forests; on the draft INRMP map, the base camp amphibians, are quite likely sensitive to for the Yosemite toad and Paiute itself is not located within the critical a wide range of aquatic contaminants, cutthroat trout (Oncorhynchus clarkii habitat designation. We appreciate the and the PCE of water quality is seleniris) in the Sierra National Forest; USMC’s efforts to address natural potentially influenced by upgradient for the Sierra Nevada yellow-legged frog resources at their training facility, and activities. Further, in light of future and Paiute cutthroat trout in the we will continue to work with them to threats associated with climate change, Humboldt-Toiyabe National Forest; for finalize their INRMP. the PCE of water quantity to provide for the Sierra Nevada yellow-legged frog The USMC also requested exclusion the critical wetland areas is relevant. and Lahontan cutthroat trout in the El of the Marine Corps Mountain Warfare We understand NPS’s contention that Dorado, Inyo, Tahoe, and Humboldt- Training under section 4(b)(2) of the Act NPS-managed catchments do not Toiyabe National Forests, and the Lake because of impacts to national security. include many of the threat factors extant Tahoe Basin Management Unit; and Critical habitat designation and within other federally managed lands, between the northern DPS of the subsequent consultation under the Act and as such, recreational land uses mountain yellow-legged frog and Little focuses upon potential effects to the predominant in the National Parks are Kern golden trout (Oncorhynchus primary constituent elements (PCEs). unlikely to impact natural hydrology. mykiss whitei, listed as Oncorhynchus Based on the information contained However, the PCEs were written to take aguabonita whitei) in the Sequoia within the draft INRMP and information into consideration physical or biological National Forest. They suggested from the Humboldt-Toiyabe National features of habitat, regardless of considering this overlap and the Forest (USFS) regarding training jurisdiction or magnitude of operative

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59049

threats. It is appropriate to apply the critical habitat for the Sierra Nevada commenters believe will be imposed on same criteria across jurisdictional yellow-legged frog. private lands as a result of critical boundaries based on habitat attributes We concur with the CDFW that habitat designation. We received several as outlined in the discussion of physical certain reservoirs with higher degrees of comments expressing concerns or biological features section of this development (managed reservoirs that regarding the taking of private property document. have high water-level fluctuations and through designation of critical habitat. In these instances where PCEs are not are surrounded by developed Our Response: When prudent and affected by the action (i.e., no threats to infrastructure such as significant determinable, the Service is required to habitat are introduced through Federal number of cabins and/or a marina) and designate critical habitat under the Act. activities), a ‘not likely to adversely high public-use pressure (paved road- The Act does not authorize the Service affect’ determination may be reached. accessible reservoirs) have lower to regulate private actions on private During informal consultation, factors restoration potential. We have evaluated lands or confiscate private property as a such as project area proximity to known such reservoirs for removal from critical result of critical habitat designation. frog localities and the specific nature of habitat in light of our existing criteria. Designation of critical habitat does not the project are factored in to the This is discussed in full detail below affect land ownership or establish any determination. (see Criteria Used To Identify Critical closures or place any restrictions on use Habitat, below). of or access to the designated areas. Comments From States (8) Comment: CDFW recommended Critical habitat designation also does Section 4(i) of the Act states, ‘‘the additions to Sierra Nevada yellow- not establish specific land management Secretary shall submit to the State legged frog critical habitat and the standards or prescriptions. Such agency a written justification for his northern DPS of the mountain yellow- designation does not allow the failure to adopt regulations consistent legged frog critical habitat to increase government or public to access private with the agency’s comments or connectivity between certain subunits lands. Such designation does not petition.’’ We did not receive comments and to take advantage of good habitat require implementation of restoration, from the State of California pertaining to areas for restoration opportunities in recovery, or enhancement measures by the Yosemite toad proposed critical areas where we did not propose critical non-Federal landowners. habitat designation. Comments received habitat. Critical habitat receives protection from the California Department of Fish Our Response: Based on their distance under section 7 of the Act through the and Wildlife (CDFW) regarding the from existing known frog populations, requirement that Federal agencies proposal to designate critical habitat for we did not propose these additional ensure, in consultation with the Service, the Sierra Nevada yellow-legged frog areas for critical habitat designation. that any action they authorize, fund, or and the northern DPS of the mountain Please refer also to our response to carry out is not likely to result in the yellow-legged frog are addressed below. Comment (2), above. We do agree that destruction or adverse modification of (7) Comment: CDFW recommended the areas recommended by CDFW critical habitat. Where a landowner various Sierra Nevada yellow-legged represent potential areas for requests Federal agency funding or is frog critical habitat subunit removals translocation of frogs once methods required to obtain Federal agency based on differences in our data records have been proven successful, and will authorization for an action that may (CDFW’s current records do not indicate consider including such areas in the affect a listed species or critical habitat, frogs in certain subunits because their final conservation strategy currently the consultation requirements of section current records do not include all USFS being developed in coordination with 7(a)(2) of the Act apply, but even in the data), and because some of these areas CDFW, USFS, and NPS, and in a future event of a destruction or adverse experience heavy recreational use and recovery plan. modification finding, the obligation of have very low restoration potential. the Federal action agency and the Our Response: Based on the Public Comments landowner is not to restore or recover comments from CDFW that provided (9) Comment: We received several the species, but to implement additional survey results, we have comments that we should not designate reasonable and prudent alternatives to updated our records for the Sierra private lands as critical habitat. avoid destruction or adverse Nevada yellow-legged frog. We Our Response: According to section modification of critical habitat. evaluated these updated data, in 4(a)(3)(A) of the Act, the Secretary of the (11) Comment: We received several addition to the data we were provided Interior shall, to the maximum extent comments expressing concern that by USFS, and we currently have a prudent and determinable, concurrently roads, buildings, ski resorts, comprehensive occurrence database for with making a determination that a hydroelectric facilities and the Sierra Nevada yellow-legged frog species is an endangered species or a infrastructure, etc., have been included based on the best scientific data threatened species, designate critical in proposed critical habitat. available. We recently reviewed all habitat for that species. As directed by Our Response: When determining records based on the criteria followed the Act, we proposed as critical habitat critical habitat boundaries within the by CDFW for their status evaluation those areas occupied by the species at proposed rule, we followed a habitat/ conducted by the State to determine the time of listing and that contain the species distribution (MaxEnt) model whether the species warrants listing physical or biological features essential (see ‘‘(3) Habitat Unit Delineation,’’ under the California Endangered to the conservation of the species and below) for determining critical habitat Species Act (CDFW (formerly CDFG) which may require special management areas in the case of the Sierra Nevada 2011, pp. 12–16) (i.e., extant since 1995, considerations or protection. The Act yellow-legged frog and the northern DPS unless three consecutive zero count does not provide for any distinction of the mountain yellow-legged frog. This surveys indicate extirpation). Our between landownerships in those areas model did not incorporate extant current records indicate that all that meet the definition of critical stressors, such as level of development proposed critical habitat units and habitat. or fish presence, for example. To do so subunits are occupied by extant (10) Comment: We received numerous may have biased against the assurance populations. With this rule, we are comments expressing general and that the appropriate areas requiring designating these units and subunits as specific concerns about restrictions that special management considerations be

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59050 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

identified. In the case of the Yosemite we determined that these areas have habitat must be designated concurrently toad, a similar model was utilized, but very low restoration potential because of with a listing decision, there would be not relied upon, because of its implicit high public use, their developed state, no listing without a critical habitat consideration of stressors in the model and their distance from known frog designation. Therefore, the baseline for inputs. occurrences. Using our revised criteria the economic analysis should be the For all three species, we made an for identifying critical habitat, we found existing state of regulation prior to the effort to avoid including developed that many of these areas do not meet the listing of the species under the Act. areas such as lands covered by criteria for inclusion in the designation, Our Response: Critical habitat cannot buildings, pavement, and other and, therefore, we have not included be designated for a species that is not structures because such lands lack the them in this final designation. listed under section 4 of the Act. physical or biological features. The (13) Comment: Several commenters However, it is possible to list a species maps we prepared may not reflect the expressed concern about the use of the without simultaneously designating non-inclusion of such developed lands. incremental approach to quantify the critical habitat. A listing decision Any such lands left inside critical cost of the proposed rulemaking. One always precedes a critical habitat habitat boundaries shown on the maps commenter states that the DEA should designation, even if they are of this final rule have been excluded by instead rely on a coextensive or full promulgated concurrently. The U.S. text in the rule and are not designated impact approach. The commenter Office of Management and Budget’s as critical habitat. asserts that the incremental approach (OMB) guidelines for best practices Areas that have been partially withholds information about the true concerning the conduct of economic developed, or undeveloped areas economic impacts of designating certain analysis of Federal regulations (Circular proximate to developed structures, may areas as critical habitat. In particular, A–4) direct agencies to measure the and often do have physical or biological the commenter asserts the incremental costs of a regulatory action against a features that can sustain the Sierra approach fails to adequately address baseline, which it defines as the ‘‘best Nevada yellow-legged frog, the northern secondary and indirect effects of the assessment of the way the world would DPS of the mountain yellow-legged frog, designation or account for the look absent the proposed action.’’ or the Yosemite toad during at least part cumulative and synergistic effects of OMB’s direction is reflected in our of their life cycle, or may serve as multiple laws restricting the use of land regulations specifying the approach we habitat corridors to connect more and water resources within proposed use to conduct impact analyses for suitable areas and allow dispersal, critical habitat. designations of critical habitat (78 FR migration, and recolonization of Our Response: Because the purpose of 53058; August 28, 2013). historical habitat. These areas with the the economic analysis is to facilitate the (15) Comment: Several commenters essential physical or biological features, mandatory consideration of the assert that the Service can no longer or that may act as corridors, remain in economic impact of the designation of segregate and disregard probable the final critical habitat designation. critical habitat, to inform the economic impacts on the basis that they (12) Comment: We received numerous discretionary section 4(b)(2) exclusion are not quantifiable. The commenters comments expressing concerns analysis, and to determine compliance state that prior court decisions within regarding access to public lands (road with relevant statutes and Executive the Ninth Circuit allowed the Service to closures, off-highway vehicle (OHV) Orders, focusing the economic analysis meet its obligation to consider probable restrictions, grazing, fishing, etc.). We of the designation of critical habitat for economic impacts by analyzing only received numerous comments the three Sierra amphibians on the those impacts that the Service, in its requesting specific exclusions for incremental impact of the designation is discretion, deemed to be certain and recreational reasons, primarily fishing appropriate. We acknowledge that quantifiable (historically, the costs of within the range of the Sierra Nevada significant debate has occurred section 7 consultation). They assert that yellow-legged frog. regarding the incremental approach, the DEA, however, is misleading if the Our Response: Critical habitat with several courts issuing divergent economic impact of critical habitat receives protection under section 7 of opinions. Most recently, the U.S. Ninth designation is limited only to the costs the Act through the requirement that Circuit Court of Appeals concluded that incurred by Federal agencies during Federal agencies ensure, in consultation the incremental approach is section 7 consultation. One commenter with the Service, that any action they appropriate, and the U.S. Supreme suggests that probable economic authorize, fund, or carry out is not likely Court declined to hear the case (Home impacts include impacts to non-Federal to result in the destruction or adverse Builders Association of Northern activities that would be affected by the modification of critical habitat. California v. United States Fish and section 7 constraints on the Federal However, the designation of critical Wildlife Service, 616 F.3d 983 (9th Cir. activities. The commenter also indicates habitat does not prevent access to any 2010), cert. denied, 179 L. Ed. 2d 301, that the DEA should consider land, whether private, tribal, State, or 2011 U.S. Lexis 1392, 79 U.S.L.W. 3475 economics related to non-Federal Federal. Designation of critical habitat (2011); Arizona Cattle Growers v. activities. Another commenter also cites does not affect land ownership. Critical Salazar, 606 F.3d 1160 (9th Cir. 2010), 50 CFR 424.19, effective October 30, habitat designation also does not cert. denied, 179 L. Ed. 2d 300, 2011 2013, which explicitly recognizes that establish specific land management U.S. Lexis 1362, 79 U.S. L.W. 3475 impacts which may only be (or may be standards or prescriptions. Critical (2011)). Subsequently, on August 28, better) analyzed qualitatively are habitat also does not preclude access to 2013, we revised our approach to properly addressed in an economic fishing in any specific lakes. conducting impact analyses for analysis. We considered a section 4(b)(2) designations of critical habitat, Our Response: Economic impacts to exclusion for other relevant impacts specifying that the incremental non-Federal entities are considered in (including recreational fishing) at a approach should be used (78 FR 53058, quantitative terms, where data allow, number of sites within the proposed p. 53062). and qualitatively throughout the DEA. critical habitat. However, in responding (14) Comment: Several commenters First, Exhibit 2–1 of the DEA presents to public, agency, and peer review assert that the baseline of the analysis is the unit incremental administrative comments, and upon re-examination, flawed. They assert that because critical costs of section 7 consultation used in

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59051

the economic analysis. The total unit withdrawing the proposed critical constitute ‘‘a significant adverse effect’’ cost presented in that exhibit includes habitat designation until a properly when compared to not taking the costs to the Service, other Federal conducted economic analysis is regulatory action under consideration. agencies, and third parties. Third parties available. These outcomes include, for example, include such non-Federal entities as Our Response: Section 2.3 of the DEA reductions in electricity production in project proponents (e.g., hydroelectric describes the reasons why we do not excess of 1 billion kilowatt-hours per and timber harvest activities) and State anticipate these critical habitat year or in excess of 500 megawatts of agencies (e.g., CDFW) that may also designations will result in additional installed capacity, or increases in the participate in the consultation process. conservation requirements. cost of energy production or distribution Thus, the economic analysis is not Additionally, Appendix C of the DEA in excess of one percent. limited only to costs incurred by includes a memorandum, titled As presented in chapter 4 of the DEA, Federal agencies. Incremental costs ‘‘Comments on How the DEA Should impacts to the energy industry from the incurred by third parties during the Estimate Incremental Costs for Sierra designation of critical habitat for the consultation process range from $260 to Nevada Yellow-legged Frog, Northern three Sierra amphibians is expected to $1,400 per consultation. DPS of the Mountain Yellow-legged be limited to additional administrative Other potential impacts, where data Frog, and Yosemite Toad Proposed costs, and is not anticipated to result in limitations prevent quantification, are Critical Habitat Designation,’’ describing any impacts to the supply, distribution, described qualitatively in the DEA. For our reasoning on this issue. In general, or use of energy. As shown in Exhibit example, in assessing the potential where critical habitat is occupied by the 2–1 of the DEA, incremental costs incremental cost of the proposed rule on listed species, conservation measures incurred by third parties during the hydroelectric facilities, section 4.2.2 of implemented in response to the species’ consultation process are approximately the DEA considers the potential for listing status under the Act are expected $875 per consultation. Based on the additional time delays that may occur to sufficiently avoid potential revenues of the energy companies because of the need to complete the destruction or adverse modification of reported in section A.1.2, the section 7 consultation process. Similarly critical habitat. Thus, generally such designation is unlikely to affect the cost for timber harvest activities on privately projects are already avoiding adverse of energy production or distribution. owned lands, section 4.2.5 of the DEA modification under the regulatory (18) Comment: Several commenters considers the potential for the baseline, and no additional conservation assert that the assumption in the DEA designation of critical habitat to cause measures or project modifications are that the entire designation is considered unintended changes in the behavior of expected following the critical habitat occupied is flawed. One commenter individual landowners, other Federal designation. In such instances, the DEA notes that the critical habitat units are agencies, State, or local permitting or assumes that the incremental costs of generally large, and while at least one regulatory agencies. Specifically, this the designations are limited to the population may exist in each unit, the section of the DEA recognizes potential portion of administrative effort required vast majority of acreage, water bodies, costs that may arise from changes in the to address adverse modification during and meadows in any given subunit are public’s perception of the burden placed section 7 consultation. These likely to be unoccupied. Thus, assigning on privately owned land from the assumptions are highlighted in the DEA an ‘‘occupied’’ status to the entire unit designation of critical habitat. as the chief source of uncertainty in the misrepresents the extent of the species’ In accordance with 50 CFR 424.19(b), analysis. As discussed in section 2.3 of distribution and is indefensible. which states, ‘‘Impacts may be the DEA, we do acknowledge that there Our Response: As stated in section 4.1 qualitatively or quantitatively may be ‘‘limited instances’’ in which an of the DEA, in determining whether a described,’’ the Service considers both action proposed by a Federal agency specific critical habitat unit is the qualitative and quantitative effects could result in adverse modification but considered occupied by the respective listed in the economic analysis when not jeopardy of the species. However, species, the DEA relies on information developing the critical habitat for these information that would allow the regarding species occupancy from the species. identification of such instances is not proposed rule. Specifically, the Service (16) Comment: One commenter states available. states: ‘‘All units and subunits proposed that the DEA effectively ignores impacts (17) Comment: Two commenters state for designation as critical habitat are related to different conservation efforts that the DEA fails to adequately account currently occupied by the Sierra Nevada since the DEA is unable to predict the for the costs to energy activities. One mountain yellow-legged frogs, the types of projects that may require commenter asserts that the Service northern DPS of the mountain yellow- different conservation efforts. The failed to prepare and submit a legged frogs, or Yosemite toads . . . We commenter cites a passage from the DEA ‘‘Statement of Energy Effects,’’ which is are proposing to designate only on page ES–6, which states: ‘‘At this required for all ‘‘significant energy geographic areas occupied by the time, however, the Service is unable to actions.’’ The commenter further states species because the present geographic predict the types of projects that may that the Service should seek public range is of similar extent to the require different conservation efforts. input and review of the Statement of historical range and therefore sufficient Thus, impacts occurring under such Energy Effects before submitting it, to for the conservation of the species’’ (78 circumstances are not quantified in this assure it is done honestly and FR 24516, April 25, 2014, pp. 24522, analysis. We focus on quantifying accurately. 24523). In other words, the best incremental impacts associated with the Our Response: Executive Order 13211 available information suggests that all additional administrative effort required (Actions Concerning Regulations That areas proposed as critical habitat be when addressing potential adverse Significantly Affect Energy Supply, treated as occupied during consultation. modification of critical habitat in Distribution, or Use) requires agencies See also the response to Comment (7), section 7 consultation.’’ The commenter to prepare Statements of Energy Effects above. states that the lack of consideration of when undertaking certain actions. OMB In addition, we also considered the economic impacts related to has provided guidance for possibility that due to the large size of conservation efforts makes the DEA implementing this Executive Order that some critical habitat units, species useless and fraudulent, and suggests outlines nine outcomes that may occupancy may be uncertain for a

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59052 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

specific project location within an conservation measures to protect the 57 percent of total impacts. The occupied unit. In these instances, the three Sierra amphibians was obtained commenter states that this designation Federal action agency may not be aware from the proposed listing rule. The is over 200 times larger than the of the need to consult under the Service did not provide any additional designation proposed in southern jeopardy standard, and the designation information regarding possible California, yet the DEA found only of critical habitat may therefore result in conservation measures. More $17,500 in impacts related to fishing an increase in the number of importantly, however, we reiterate that over 17 years. consultations. In such instances, the full because all areas are considered Our Response: The economic analysis costs of section 7 consultation and occupied, the economic analysis for the critical habitat designation for resulting project modifications would be concluded that the designation is the southern DPS of the mountain considered incremental. As stated in unlikely to result in the requirement of yellow-legged frog is not comparable section 4.1 of the DEA, discussions with additional conservation measures above with the economic analysis conducted USFS, NPS, and CDFW, the three and beyond those required to avoid for the critical habitat designation for agencies most likely to consult with the jeopardy (i.e., in response to the listing the three Sierra amphibians. Service in the study area, indicate that of the species). In other words, the Specifically, the 2006 economic analysis the designation is unlikely to have such designation of conservation measures for the critical habitat designation for an effect. All three agencies typically required to avoid jeopardy is expected the southern DPS of the mountain consult with the Service on a to sufficiently avoid potential yellow-legged frog relied on the programmatic level across much of the destruction or adverse modification of coextensive methodology of estimating State, and thus would be aware of the critical habitat. economic impacts. However, the current potential presence of the species As to the availability of additional policy directs the Service to use the throughout its range. Furthermore, all information on conservation measures incremental approach to economic three agencies already have in place from conferencing, due to the timing of analyses based in part on several legal programs that protect the amphibians the proposed rules to list and designate precedents, including Arizona Cattle and their habitat. As a result, impacts to critical habitat for these three species, Growers’ Assoc. v. Salazar, 606 F.3d the amphibians and their habitat are information on project modifications 1160 (9th Cir. 2010), cert. denied, 179 L. already considered across the array of from conferencing was unavailable at Ed. 2d 300, 2011 U.S. Lexis 1362, 79 economic activities identified as threats the time the DEA was developed. Since U.S. L.W. 3475 (2011) and Cape to species conservation and recovery. the publication of the DEA, the Service Hatteras Access Preservation Alliance v. Consequently, we assume that the released a programmatic biological DOI, 2010 U.S. Dist. Lexis 84515 (D.D.C. designation is unlikely to change the opinion on the forest programs August 17, 2010). As such, the DEA for section 7 consultation process or incur associated with nine National Forests in the three Sierra amphibians relies on the associated project modifications due the Sierra Nevada of California for the incremental approach (see also solely to the designation of critical amphibians. The biological opinion, Comment (13), above). habitat. released in December 2014, provides (21) Comment: One commenter states (19) Comment: A commenter states more detailed information on general that the Service should engage the that if the Service provided Industrial conservation measures as well as public for their input when writing the Economics Incorporated (IEc) with program-specific conservation measures DEA. likely conservation efforts to be for the three Sierra amphibians. The full Our Response: In the process of imposed, these efforts should be shared biological opinion is publicly available developing the DEA, we conducted two with the public. The commenter also at: http://www.fws.gov/sacramento/es/ rounds of outreach actions. First, we cites paragraph 90 of the DEA, which Survey-Protocols-Guidelines/ reached out to each of the 10 National provides categories of conservation Documents/USFS_SNA_pbo.pdf. The Forests and 2 National Parks that fall efforts, including ‘‘non-native fish conservation measures included in this within proposed critical habitat eradication, installation of fish barriers, biological opinion are intended to boundaries. The majority of the modifications of fish stocking activities, ensure activities at the National Forest proposed critical habitat falls within changes in grazing activities, do not jeopardize the species and areas managed by the USFS (61 percent) minimizing disturbance of streamside provide additional evidence of the types and the NPS (36 percent). Through these and riparian vegetation, minimizing soil of baseline protection likely to be conversations, Federal entities indicated and compaction and minimizing provided by the listing of the species. that they will undertake actions to impacts on local hydrology.’’ The We updated the FEA to reference the protect the species regardless of whether commenter asks whether there are new information on species critical habitat is designated. These specific examples of when and where conservation measures available from agencies are the parties entrusted with these conservation efforts would be the December 2014 biological opinion. public land management, as more than considered and what the conservation (20) Comment: One commenter states 95 percent of all the land designated as measures associated with each effort that similar economic impacts were critical habitat is under their ownership are. The commenter goes on to state that reviewed in the August 2006 Economic and jurisdiction. Second, we conducted conferencing is required during the Analysis of Critical Habitat Designation outreach with third-party entities that listing decision-making period. Through for the Mountain Yellow-Legged Frog. may participate in section 7 conferencing, the Service should have a The critical habitat designation for the consultations because they may seek general idea of what conservation Mountain Yellow-Legged Frog included permits to conduct activities on Federal measures are being requested and what 8,770 acres in Los Angeles, San lands. For example, in evaluating conservation measures might be Bernardino, and Riverside Counties. potential impacts to dams and water imposed by the Service. The commenter The commenter highlighted the findings diversions located within the proposed asks about what measures are being from that analysis, which estimated critical habitat boundaries, we reached requested and recommended during total future impacts between $11.4 out to hydroelectric project owners as conferencing. million to $12.9 million (undiscounted) stated in section 4.2.2 of the DEA. These Our Response: The information over 20 years, of which impacts to affected parties are ideal candidates to presented in the DEA regarding possible recreational trout fishing accounted for help frame economic impacts of critical

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59053

habitat designation and consultation trigger other State and local laws. The restoration efforts to associate with with the Service. DEA concludes that such incremental costs) to eliminate Bd, and reducing its (22) Comment: One commenter states impacts are unlikely in the case of the spread among areas is the only current that the assumed consultation costs are three Sierra amphibians due to the known mitigation measure. These extremely low and that man hours widespread awareness of the species mitigation measures were already in should also be shown to help discern and their habitats and existing place prior to the listing of the species. the level of effort assumed for management strategies to protect the In other words, no additional consultation. species. For a discussion of these conservation efforts intended to reduce Our Response: The DEA relies on the management strategies, see chapter 3 of the spread of Bd would be undertaken best available information to estimate the DEA. in response to the critical habitat the administrative costs of section 7 Importantly, the three Sierra designation. Therefore, we do not consultation. As described in Exhibit 2– amphibians are thought to occupy all anticipate that this critical habitat 1 of the DEA, the consultation cost the areas proposed for designation. designation will result in incremental model is based on a review of Thus, for activities occurring on private costs associated with Bd mitigation consultation records and interviews land, such as logging activities requiring efforts. with staff from three Service field a State-approved timber harvest plan, (26) Comment: Several commenters offices, telephone interviews with CEQA is likely to be triggered due to the are concerned about economic impacts Federal action agencies (e.g., BLM, presence of a listed species, regardless related to fishing, and they state that the USFS, and U.S. Army Corps of of whether critical habitat is present. elimination or reduction of fish in this Engineers), and telephone interviews Furthermore, the Sierra Nevada yellow- area would create immense economic with private consulting firms who legged frog and the mountain yellow- impacts to affected areas and to the life perform work in support of permittees. legged frog are listed species under the and livelihood of all who live and work In the case of Service and Federal California Endangered Species Act; in the area. agency contacts, we determined the thus, the presence of these species Our Response: As discussed in typical level of effort required to would already trigger CEQA absent the section 4.2.1 of the DEA, the proposed complete several different types of designation of critical habitat. rulemaking is not anticipated to result consultations (i.e., hours or days of (24) Comment: Several commenters in the elimination or reduction of fish time), as well as the typical Government state that the DEA does not adequately within areas designated as critical Service (GS) level of the staff member address regional economic impacts. One habitat. In other words, any changes in performing this work. In the case of commenter states that the DEA only fish stocking activities would occur private consultants, we interviewed presents costs to managing regardless of the critical habitat representatives of firms in California governmental agencies rather than designation, as these will occur in and New England to determine the regional economic impacts. Another response to the listing of the species. As typical cost charged to clients for these commenter is particularly concerned discussed in chapter 3 of the DEA, there efforts (e.g., biological survey, with distributional impacts related to are a number of programs that provide preparation of materials to support a recreation on Squaw Ridge in Amador significant baseline protections to the biological assessment). The model is County. amphibians from fish predation, periodically updated with new Our Response: Given the limited including the California Department of information received in the course of nature of incremental impacts likely to Fish and Wildlife (CDFW) High data collection efforts supporting result from this designation, measurable Mountain Lakes Project, the Restoration economic analyses and public comment regional impacts are not anticipated as of Native Species in High Elevation on more recent critical habitat rules. In a result of this designation. Therefore, Aquatic Ecosystems Plan under addition, the GS rates are updated we did not use a regional input-output development by the Sequoia & Kings annually. model to estimate regional impacts. Canyon National Park, and the High (23) Comment: One commenter states Section 2.2.2 of the DEA discusses Elevation Aquatic Ecosystem Recovery that the DEA fails to include costs distributional and regional economic and Stewardship Plan under associated with additional reviews effects in greater depth. development by the Yosemite National required under the California (25) Comment: Several commenters Park. With the listing of the Sierra Environmental Quality Act (CEQA) for identify the chytrid fungus Nevada yellow-legged frog and the lands designated as critical habitat for (Batrachochytrium dendrobatidis (Bd)) northern DPS of the mountain yellow- the three Sierra amphibians. Whenever epidemic as a significant threat to the legged frog (the species’ for which fish a public agency authorizes, approves, amphibians and their habitat. The presence is a threat), additional funds, or carries out an activity that will commenters state that the DEA should regulatory protections are now in place. result in a physical change to the include the economic cost of eradicating The DEA assumes that the incremental environment, CEQA requires the entity Bd. Without a plan to reduce or costs of the designation associated with to undertake an environmental review. eliminate Bd, the commenters note it is fish stocking programs would be limited The commenter asserts that the DEA debatable whether creating critical to the administrative costs of the improperly excludes a discussion of the habitat designations would have much additional effort to address adverse additional costs of processing projects benefit to the species. modification during consultation. under CEQA due to the designation. Our Response: We agree that disease (27) Comment: Several commenters Our Response: The potential for and pathogens, including Bd, represent express concern that the designation incremental impacts related to the a significant threat to the amphibians. will affect fishing in affected counties triggering of new requirements under Chytridiomycosis, the disease caused by and highlight the importance of fishing CEQA is relevant to non-Federal lands Bd, directly affects individual members to the local economies affected by the included in the proposed rule, which of the species. However, it does not designation. For example, recreational account for less than 5 percent of the result in adverse modification of critical fishing contributes more than $2 billion total designation. Section 2.3.2 of the habitat as a result of Federal activities. annually to California’s economy, and DEA provides a general discussion of Further, there are currently no known within Mono County, investments in the potential for critical habitat to methods (and therefore no plans or fish stocking and tourism are estimated

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59054 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

to total approximately $8.8 million over were designated as ‘‘Sensitive Species’’ Federal lands are likely to occur even in the next 17 years. in 1998. Consequently, we anticipate the absence of the designation. We Our Response: As discussed in that the incremental cost of the added a description of the importance of Comment (26), we do not anticipate that designation is limited to the additional recreation to the regional economy in the critical habitat designation will administrative effort incurred by USFS the FEA. result in changes to fish-stocking staff during consultation. (32) Comment: One commenter states activities over and above protections (29) Comment: Several commenters that timber harvests on private lands are that are already in place as a are concerned that the DEA does not use also likely to be affected by the consequence of the State and Federal current and accurate data for its analysis designation and expects that critical listings of the frogs. As a result, of grazing impacts, and these habitat designation will add additional reductions in visitors and associated commenters state that text and exhibits costs to private timber harvest activities spending are not anticipated. We added in chapter 4 of the DEA summarizing through additional monitoring a description of the importance of information related to grazing requirements. Family forest landowners, recreational fishing to the regional allotments by National Forests do not of which there are 197,000 in California, economy to the FEA. include information for the Humboldt- operate their forests on very thin (28) Comment: Several commenters Toiyabe National Forest (HTNF). The economic margins. Additional costs can are concerned about the economic commenters provide acreage, activity make harvest uneconomical and lead to impact to livestock and packstock status, and animal use month numbers a huge loss in the economic value of the grazing activities. One commenter states for allotments in HTNF within Sierra property. that the loss of use, or reduction in Nevada yellow-legged frog and Our Response: In section 4.2.5 of the available use, of grazing allotments on Yosemite toad proposed critical habitat. DEA, we qualitatively discuss potential National Forests would significantly Our Response: Section 4.2.3 of the indirect impacts of stigma on private impact the ranchers who currently FEA has been updated to include lands where past timber harvest activity depend on the livestock forage provided grazing activities in HTNF. Specifically, has occurred. Timber harvest activities by Federal grazing allotments. Another we identify a total of seven grazing on private lands in California must commenter asserts that the designation allotments in HTNF that overlap the comply with the California Forest will prevent ranchers from accessing designation. This new information Practice Rules (CFPR). The CFPR and using existing property rights affects the upper bound estimate, includes measures that provide within federally controlled lands, increasing the total incremental costs of significant baseline conservation including water rights, easements, the designation associated with grazing benefits to the amphibians and their rights-of-way, and grazing preferences activities by a total of approximately habitat within timber harvest areas on within BLM and USFS grazing $3,000, from $152,200 to $155,100. private lands. Given the extensive allotments designated as critical habitat. (30) Comment: One commenter protection already required by State law The commenter states that the DEA questions whether the DEA considered and regulation, it is unlikely any new should include analysis of the economic packstock operations in HTNF and in requirements will be imposed due effects of excluding ranching. Inyo National Forest (INF). The solely to the designation of critical Our Response: The act of designating commenter mentions six different pack habitat. critical habitat does not summarily operations in the two forests and gives (33) Comment: One commenter states preclude access to any land, whether service day numbers for these that the fact that private property values private, tribal, State or Federal. Critical operations. would decline is not a ‘‘stigma’’; it is a habitat receives protection under Our Response: Section 4.2.3 of the reality. As the Federal Government section 7 of the Act through the FEA has been updated to include the introduces regulatory burdens (in requirement that Federal agencies additional six packstock operations essence de facto ‘‘liens’’ against a ensure, in consultation with the Service, identified by the commenter in HTNF property), the value goes down. that any action they authorize, fund, or and INF. Specifically, this new Our Response: Section 4.2.5 of the carry out is not likely to result in the information affects the upper bound DEA discusses potential indirect destruction or adverse modification of estimate, increasing the total impacts of stigma. We agree that stigma critical habitat. Furthermore, incremental costs of the designation effects, if they occur, may result in real designation of critical habitat does not associated with packstock grazing economic losses. All else equal, a affect land ownership, or establish any activities by a total $17,300, from property that is designated as critical closures or any restrictions on use of or $45,900 to $63,200. habitat may have a lower market value access to the designated areas through (31) Comment: Multiple commenters than an identical property that is not the designation process, nor does it express concern about the potential within the boundaries of critical habitat establish specific land management impacts of the designation on the due to the public’s perception of standards or prescriptions, although region’s tourism and recreation limitations or restrictions. As the public Federal agencies are prohibited from economy and highlight the importance becomes aware of the true regulatory carrying out, funding, or authorizing of tourism and recreation to the region’s burden imposed by critical habitat (e.g., actions that would destroy or adversely economy. regulation under section 7 of the Act is modify critical habitat. Finally, as Our Response: As discussed in unlikely), the impact of the designation discussed in section 4.2.3 of the DEA, chapter 4 of the DEA, the Service is on property markets may decrease. If the rulemaking is not anticipated to unlikely to require additional stigma effects on markets were to occur, result in the loss of or reduction in conservation measures that would these impacts would be considered grazing activities on Federal lands reduce or eliminate recreational indirect, incremental impacts of the designated as critical habitat. This activities within areas designated as designation. Data limitations prevent conclusion is consistent with critical habitat due solely to the the quantification of these effects. discussions with USFS staff. Notably, designation of critical habitat. Because (34) Comment: One commenter states USFS has routinely considered all areas designated as critical habitat that the DEA has not addressed the measures to protect the amphibians and are considered to be currently occupied, economic impact of foregone their habitat since the three amphibians any changes in recreational activities on opportunities to manage vegetation and

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59055

cites declines in timber harvest levels construction of fuel breaks, are limited. the DEA), fire management activities are on National Forests between the 1980s Such fires would have devastating infrequently implemented at the high and present day and attributes these impacts to the frogs and economic elevations in wilderness areas where the declines to the northern spotted owl impacts to communities. amphibians are generally located. (Strix occidentalis caurina) and Our Response: We agree with the According to communications with subsequent standards for the California commenter that catastrophic wildfires USFS, based on the infrequent nature of spotted owl (Strix occidentalis represent a direct threat to the species fuels management activities in proposed occidentalis). The commenter estimates and their habitat. In the final listing critical habitat areas, as well as the a total economic jobs impact of $867 rule, the Service discusses in more repetitive nature of fuels management million annually in lost payroll. A 1.8- detail the complex relationship between practices, staff anticipate pursuing a million acre critical habitat designation the amphibians, their habitats, and fire programmatic consultation for fuels for the frogs and toad will have a (79 FR 24256; April 29, 2014). We management activities. As a result, the significant economic impact that the updated the FEA to better recognize the DEA forecasted one programmatic economic analysis has failed to address. threat that catastrophic fire poses to the consultation for fuels management It is impossible to quantify the impacts species and their habitat and the activities in 2014 (a consultation that because the proposed rule does not positive role that fuels management can has since been completed). As no identify how much of the proposed play in reducing the adverse effects of historical fuels management activities designation is productive forest land. catastrophic fire. were identified on NPS lands proposed Our Response: As discussed in Since the publication of the DEA, we as critical habitat, we do not forecast chapter 4 of the DEA, the Service is released a programmatic biological section 7 consultations associated with unlikely to require additional opinion for forest programs in nine fuels management activities on NPS conservation measures that would National Forests in the Sierra Nevada of lands over the analysis period. To reduce or eliminate vegetation California for the amphibians. The allocate the administrative costs of management activities within areas biological opinion provides information section 7 consultation across proposed designated as critical habitat due solely on conservation measures, including critical habitat areas, this analysis relies to the designation of critical habitat. many derived from best management on the number of acres in each affected Because all areas we are designating as practices included in the 2004 Sierra unit classified as ‘‘wildland urban critical habitat are considered to be Nevada Forest Plan Amendment. One interface’’ (WUI). In the FEA, we add a currently occupied, any changes in such conservation measure suggests, discussion of the uncertainty associated vegetation management activities on ‘‘the use of prescribed fire or with our forecast of the amount of fuels Federal lands are likely to occur even in mechanical methods to achieve resource management activities likely to be the absence of the designation. objectives to reduce flooding and undertaken in the future. Because USFS Moreover, the geographic overlap erosion perturbations. This may be is addressing its section 7 consultation between amphibians (whose habitat is achieved by managing the frequency, obligations through a single largely at higher elevations than most intensity and extent of wildfire.’’ Thus, programmatic consultation, even if the timber harvest activities) and managed we acknowledge the importance of degree of activity increases, impacts on forests is relatively minimal across the managing wildfires as it relates to forecast administrative costs are likely range of area we are designating as species and habitat conservation. Other to be minimal. critical habitat. Exhibit 4–15 of the DEA conservation measures related to (37) Comment: Multiple commenters identifies the critical habitat units maintaining water quality and soil state that the baseline WUI described in where timber harvests are likely and, stability are also included. paragraph 163 of the DEA is inaccurate. within each unit, the number of acres (36) Comment: Multiple commenters The DEA does not estimate any WUI suitable for timber harvests. state that the baseline conditions for acres within the East Amador subunit Specifically, these acres include: (1) fuel management and timber harvest as (Subunit 2F), but, according to the Areas identified by USFS under Land articulated in paragraphs 160–163 of the commenters, this subunit includes the Suitability Classes 1 and 2; (2) areas DEA are based on treatments over the Bear River home track, Silver Lake included in past timber harvest plans last 5 to 10 years, a period of known home tracks, and numerous other from 1997 to 2013; and (3) areas reductions in fuel and timber harvest private homes, all surrounded by WUIs. included in past non-industrial timber activities now recognized as a major Additionally, Amador County is in the management plans from 1991 to 2013. cause of catastrophic wildfire. The process of defining the WUIs in the Based on these criteria, the economic commenters state that activity levels are forested areas through a community analysis identifies approximately 5,396 currently well below that needed to wildfire protection plan, which will acres as suitable for timber harvest sustain the forest environment, and likely define much of the area as WUI. activities in seven critical habitat units. these commenters expect fuel The commenters ask whether (35) Comment: Several commenters management and timber harvest community wildfire protection plans are concerned that the critical habitat activities to dramatically increase in the and USFS district rangers were included designation will impose limitations on next few years. One commenter cites the in the informational resources for WUI fuel reduction projects. The commenters USFS California Region’s Ecological designations. mention the recent Rim Fire in Restoration: Leadership Intent Our Response: As stated in section Tuolumne County, which burned over publication, which states that the USFS 4.2.4 of the DEA, our analysis of fire 257,000 acres primarily in the intends to perform forest health and management activities was based on Stanislaus National Forest and cost over fuels reduction treatments on up to 9 communication with USFS staff, who $127 million to get under control. million acres of National Forest land indicated that they would likely pursue Another commenter states that over the next 15 to 20 years, which a programmatic consultation for fuels overgrown forests are far more likely to represents a three- to four-fold increase management activities given the result in catastrophic wildfire and in current intensity of activity. infrequent and repetitive nature of these adversely modify habitat if fire Our Response: According to activities. As stated in this section of the management activities, such as water communications with USFS and NPS DEA, our analysis estimates that drafting, chemical retardant use, and staff (see discussion in section 4.2.4 of approximately 131,300 acres are

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59056 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

classified as WUI within National Forest we are designating as critical habitat habitat designation. Under these boundaries and the 15 critical habitat due solely to the designation of critical circumstances, it is the Service’s units and subunits where fuels habitat. Because all areas we are position that only Federal action management activities are identified as designating as critical habitat are agencies will be directly regulated by a threat. This analysis is based on WUI considered to be currently occupied, this designation. Therefore, because Geographic Information System (GIS) any changes in water management Federal agencies are not small entities, data available from Region 5 of the activities on Federal lands are likely to the Service may certify that the USFS. The commenter is correct that occur even in the absence of the proposed critical habitat rule, as well as there are WUI acres in Subunit 2F. As designation. this final designation, will not have a a result of a transcription error, Exhibit (40) Comment: One commenter states significant economic impact on a 4–13 of the DEA indicates that there are that Exhibit 4–3 of the DEA incorrectly substantial number of small entities. no acres of WUI in Subunit 2F. The indicates that the Big Creek Dam Because certification is possible, no correct number of acres classified as projects are located in Yosemite Toad initial or final regulatory flexibility WUI should be 34,485 acres for Subunit Unit 4, and that these projects are not analysis is required. 2F. This error has been corrected in the located in Mono County but are more (42) Comment: One commenter states FEA. The present value and annualized likely located in Unit 14. This error is that the absence of quantitative incremental impact values reported in then carried through to economic economic benefits provides no reference the table in the FEA are correct. The impact calculations in Exhibit 4–21 of point for comparative economic $2,200 estimate is reached by the DEA. analysis. The commenter does not multiplying the incremental Our Response: The commenter is accept that, whatever the economic loss, administrative cost of a programmatic correct. According to the California compensation in biological returns will consultation by the ratio of WUI acres Energy Commission’s Hydroelectric occur and states that, by using in subunit 2F to total WUI acres within Generation Facilities map, the Big Creek subjective determinations, the benefits proposed critical habitat (34,485/ facilities are located in Fresno and will always outweigh the costs and the 131,312 = 0.26). Madera Counties. We have updated the legitimate concerns of the affected (38) Comment: One commenter states FEA to reflect that consultation costs for parties are undermined, essentially that the designation will likely cause these projects are now attributed to Unit making the DEA irrelevant. severe restrictions on land access and 14 rather than Unit 4. This change does Our Response: Section 4(b)(2) of the could limit or forbid mining. not affect the total incremental impacts Act states that the Secretary shall Our Response: The act of designating estimated for water management designate critical habitat on the basis of critical habitat does not summarily activities. the best available scientific data after preclude access to any land, whether (41) Comment: Several commenters taking into consideration the economic private, tribal, State, or Federal. Critical object to the DEA’s interpretation of the impact, national security impact, and habitat receives protection under Regulatory Flexibility Act (RFA; 5 any other relevant impact of specifying section 7 of the Act through the U.S.C. 601 et seq.) and state that the any particular area as critical habitat. requirement that Federal agencies Service is not excused from the The DEA and updated FEA provide the ensure, in consultation with the Service, consideration of economic impacts to best available estimate of the economic that any action they authorize, fund, or small entities under section 4(b)(2) of costs associated specifically with the carry out is not likely to result in the the Act. One commenter states that the designation. These costs may be destruction or adverse modification of Federal agency must provide a factual evaluated against qualitative values, but critical habitat. Furthermore, basis for ‘‘no significant economic also must be considered in the broader designation of critical habitat does not certification.’’ According to the context of the mandates of the Act to affect land ownership, or establish any commenter, in the DEA, the factual conserve endangered species and closures or any restrictions on use of or basis for the certification is lacking. The designate as critical habitat those areas access to the designated areas through commenter states that the Service with the physical or biological features the designation process, nor does it ignored substantial information on the in need of special management establish specific land management record documenting the probable considerations or protections that are standards or prescriptions, although impacts of the proposed designation on essential to the species’ conservation. Federal agencies are prohibited from small businesses, small organizations, Section 4(b)(2) of the Act states that the carrying out, funding, or authorizing and small government jurisdictions in Secretary may exclude an area from actions that would destroy or adversely order to make the requisite certification critical habitat if she determines that the modify critical habitat. under the RFA. benefits of such exclusion outweigh the (39) Comment: One commenter states Our Response: Under the RFA, benefits of specifying such area as part that the DEA does not analyze the Federal agencies are only required to of the critical habitat, unless she impacts of the designation on the evaluate the potential incremental determines, based on the best scientific administration of connective waterways impacts of a rulemaking on directly data available, that the failure to and adjoining lands. In particular, the regulated entities. The regulatory designate such area as critical habitat commenter expresses concern that the mechanism through which critical will result in the extinction of the designation will change the manner in habitat protections are realized is species. The designation of critical which the Carson Water section 7 of the Act, which requires habitat must by law consider economic Subconservancy District’s exercises its Federal agencies, in consultation with costs, but this is not the sole water rights to Lost Lakes, including its the Service, to ensure that any action determinant of the final decision; that ability to release these waters to the authorized, funded, or carried by the decision is not solely a cost-benefit West Fork of the Carson River. agency is not likely to adversely modify analysis. Our Response: As discussed in critical habitat. Therefore, only Federal (43) Comment: One commenter states chapter 4 of the DEA, the Service is action agencies are directly subject to that the Service should better address unlikely to require additional the specific regulatory requirement the economic benefits of the critical conservation measures that would (avoiding destruction and adverse habitat designation, including benefits impact water management within areas modification) imposed by critical to water quality, benefits to other rare

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59057

species, benefits to areas where people CDFW, these plans remain incomplete, the Yosemite toad in view of the factors recreate, and health benefits that may and the specific criteria applied during above and the uncertainty of future accrue from better air or water quality. the decision process selecting protected habitat conditions as a result of climate The commenter states that these benefits native amphibian areas do not change. should be more clearly addressed necessarily reflect the same ultimate The inclusion of upland areas within qualitatively and, where possible, the conservation outcome that we are tasked critical habitat is to protect habitat areas value of these critical ecosystem to accomplish (i.e., the conservation of required for normal metapopulation services should be quantified. the Sierra Nevada yellow-legged frog). dispersal, habitat use, and Our Response: Chapter 5 of the DEA We are currently collaborating with recolonization of suitable habitat not describes the economic benefits of the CDFW on a conservation strategy for the currently containing the Sierra Nevada critical habitat designation. It is not Sierra Nevada yellow-legged frog and yellow-legged frog, northern DPS of the possible to predict at this time what, if the northern DPS of the mountain mountain yellow-legged frog, or any, economic benefits will accrue yellow-legged frog. This strategy (as Yosemite toad, and to protect the solely as a result of critical habitat well as the CDFW’s ABMPs) is not primary constituent elements of water designation. Following the incremental complete; therefore, conservation quality and quantity (see our response cost approach, the designation of critical actions are not yet assured, and critical to Comment (6), above). In addition, the habitat is unlikely to result in ancillary habitat designation is still required. Yosemite toad does utilize upland benefits identified by the commenter, as In the case of Wilderness Areas and habitats extensively (see Physical or these will already be in place as a NPS lands, these Federal lands remain Biological Features for the Yosemite consequence of listing the species. as multiple-use resource areas, even Toad, below). Regardless, as stated in the response to though they offer a greater relative (46) Comment: One commenter asked Comment (42), above, the economic degree of protection when compared to us to substantiate our critical habitat analysis is not a traditional cost-benefit National Forests without Wilderness designations with population numbers. analysis necessitating full estimation status. Nonetheless, designation of Our Response: Critical habitat and quantitative (or qualitative) critical habitat requires that Federal designation is not based on absolute evaluation of economic benefits to agencies consult with the Service to abundances, and we also generally do weigh against costs in order the provide ensure their actions do not destroy or not have nor require such data before the Secretary with the information adversely modify critical habitat. While designating critical habitat. Although needed to use her discretion in NPS in particular has an exemplary we utilized the most up-to-date considering areas for section 4(b)(2) record in managing these species, even scientific information reflected in exclusion. before listing, the designation of critical survey data from the last few decades (44) Comment: We received several habitat and the consultation process (historic, plus extant localities since comments indicating that protections will provide additional assurance that 1995), the protocols set up for these for the frogs and toad are already in activities in these areas will not destroy surveys did not include mark-recapture place, and that critical habitat or adversely modify the habitat of these type techniques, which are required to designation is unnecessary or will not species. assess actual abundances. We have raw help. Specifically, many mentioned (45) Comment: We received many count values from visual encounter CDFW already has a conservation comments with concerns that we surveys, which are helpful in program in place or that protections proposed designation of too much establishing relative abundance, but not afforded by Wilderness Areas and NPS habitat, including numerous comments definitive population counts. Note also, lands are sufficient. specifically questioning why aquatic- at low abundances, visual encounter Our Response: The Service is not dependent species needed a critical survey methods may miss extant relieved of its statutory obligation to habitat designation that is not solely populations due to low encounter designate critical habitat based on the comprised of wetland areas. probabilities. Also, while the survey contention that it is unnecessary or will Our Response: We define critical coverage by USFS and CDFW is not help the species. Moreover, we do habitat to the extent it is essential to extensive, it is not exhaustive. This not agree with the argument that conserve endangered or threatened means it is very likely there are extant specific areas and essential features species under the Act. Such species are localities we have missed. Given all within critical habitat do not require in decline and their habitat is in need these considerations, we cannot provide special management considerations or of protection, special management, and absolute abundance data at the scale of protection because adequate protections restoration in order to reverse each critical habitat subunit. are already in place. In Center for population declines and reduce This critical habitat designation is Biological Diversity v. Norton, 240 F. extinction risk. In determining the based on the identification of specific Supp. 2d 1090 (D. Ariz. 2003), the court amount of habitat essential to conserve areas within the geographical area held that the Act does not direct us to a species, we consider factors such as: occupied by the species at the time of designate critical habitat only in those The need for replicate occurrences of listing that contain the physical or areas where ‘‘additional’’ special the species across the landscape; biological features essential for the management considerations or connectivity between habitat areas to conservation of the species. We also use protection is needed. If any area allow movement, adaptation, and a set of criteria to identify the provides the physical or biological natural recolonization to offset localized geographic boundaries of the features essential to the conservation of losses; and sufficient populations designation. A critical habitat the species, even if that area is already safeguarded to preserve genetic and designation does not require definitive well managed or protected, that area ecological diversity. The areas we are data regarding abundances; such data still qualifies as critical habitat under designating as critical habitat in this are pertinent to the overall the statutory definition if special final rule contain the physical or determination of whether a species is management is needed. biological features essential for the considered an endangered or threatened In the case of the ongoing aquatic conservation of the Sierra Nevada species under the Act. Regardless, we biodiversity management planning yellow-legged frog, the northern DPS of are required to use the best scientific (ABMP) process being conducted by the mountain yellow-legged frog, and data available to inform our critical

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59058 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

habitat determination, and we have Our Response: Critical habitat Barbara Sierra Nevada Aquatic Research done so in this final designation for the designation is necessary to identify Lab, and the Yosemite toad’s range was Sierra Nevada yellow-legged frog, areas, containing the physical or provided by USFS, recently updated by northern DPS of the mountain yellow- biological features that may require expert input. The historical range of the legged frog, and Yosemite toad. protection or special management Sierra Nevada yellow-legged frog is (47) Comment: One commenter considerations, in order to conserve an nearly 6 million acres. The historical submitted information regarding endangered or threatened species. It is range of the northern DPS of the wetland pollution by livestock grazing true that fish removal is one potential mountain yellow-legged frog is almost and suggested the results of studies did restoration tool amongst a suite of 1.2 million acres. The historical range of not support large critical habitat possible actions. It does not follow, the Yosemite toad is greater than 2.6 designations for the Yosemite toad. however, that all designated areas will million acres. In addition, we are aware Our Response: We appreciate the involve such restoration measures. For of extant locations of these species additional information provided. Our any potential risk factors, including outside of our critical habitat critical habitat designations are based suction dredge mining, adverse designations. Therefore, we did not on multiple criteria, and the delineation modification to critical habitat will be propose, nor are we designating now, of critical habitat for the Yosemite toad analyzed through consultation on the entire geographical areas that could is based on the types of areas utilized by projects that have a Federal nexus, and be occupied by the respective species. the toad during its varied lifestages and these situations will be handled on a (52) Comment: One commenter areas needed for dispersal and project-by-project basis, unless covered indicated that grazing is not a threat emigration in order to provide for the in a programmatic consultation process. factor to the Yosemite toad, and, conservation of the species. Critical (50) Comment: We received several therefore, critical habitat for this species habitat designation is based upon the comments stating that critical habitat is should be kept as small as possible presence of physical or biological not determinable because we cannot around currently occupied areas. features required by the Yosemite toad, know where the fungal pathogen Our Response: When designating not on the relative degree of any given Batrachochytrium dendrobatidis (Bd) critical habitat, we assess whether the threat. Threats themselves are evaluated will spread, the magnitude of its specific areas within the geographical in the context of a listing decision. dispersal, nor its persistence time in the area occupied by the species at the time (48) Comment: One commenter asked environment of contaminated habitats. of listing contain features that are whether we utilized the California The commenters asserted, therefore, that essential to the conservation of the Wildlife Habitat Relationships (CWHR) no ‘‘safe’’ habitat exists for the species species and which may require special model to derive proposed critical and critical habitat designation will not management considerations or habitat. be helpful. protection. The criteria used to Our Response: We did not use the Our Response: We concur that there is determine the extent of this area are CWHR range map to derive critical scientific uncertainty regarding the rate based on whether such area contains the habitat. In the case of the Sierra Nevada of spread of Bd and its persistence in essential physical or biological features, yellow-legged frog and the northern DPS affected habitat areas. However, critical among other factors. However, the of the mountain yellow-legged frog, a habitat designation does not target only presence of a particular threat factor is superior modeling tool was available in ‘‘safe’’ habitats where species are not a criterion by which the extent of the form of a MaxEnt 3.3.3 model (see expected to persist. Critical habitat the area is defined. ‘‘(3) Habitat Unit Delineation’’ under designations cover the areas containing (53) Comment: We received a Sierra Nevada Yellow-Legged Frog and the physical or biological features that comment from Pacific Gas and Electric Northern DPS of the Mountain Yellow- may require special management Company that we should exclude two legged Frog in Criteria Used to Identify considerations and protection to allow reservoirs in subunit 1A for the Sierra Critical Habitat, below), which CDFW for the conservation of the species. Nevada yellow-legged frog. USFS also had also utilized during their status Critical habitat designation is based on commented that these areas and acreage evaluation (CDFW (formerly CDFG) the physical or biological features proximate to these reservoirs within the 2011, pp. A–1—A–4). We used this base essential for the conservation of the Lassen National Forest should be model along with other criteria as species, not the absence of threat excluded because they are not occupied outlined below to define critical habitat. factors. by Sierra Nevada yellow-legged frogs. In the case of the Yosemite toad, we (51) Comment: We received several Our Response: Subsequent to the initially approached CDFW for their comments indicating we came close to publication of the proposed critical CWHR layer, but they informed us that violating 16 U.S.C. 1532(5)(C), which habitat designation, CDFW indicated to it had not yet passed their own internal states that ‘‘critical habitat shall not us that two of our extant records of quality control review for reliability, include the entire geographical area Sierra Nevada yellow-legged frogs in the and so we had to rely on other resources which can be occupied by the watershed on the western portion of for defining the Yosemite toad’s habitat. threatened or endangered species.’’ subunit 1A for the Sierra Nevada We have since received a range map Our Response: 16 U.S.C. 1532(5)(C) yellow-legged frog were erroneous. We from USFS, and we used that states, ‘‘Except in those circumstances deleted the localities from our database, information as supplemental determined by the Secretary, critical and per the criteria used to designate information to this final critical habitat habitat shall not include the entire critical habitat, these reservoirs and designation. geographical area which can be surrounding lands have been removed (49) Comment: One commenter was occupied by the threatened or from subunit 1A. This change results in concerned about the designation of Slate endangered species.’’ We currently have a reduction of approximately 6,057 ha Creek as critical habitat and how it may the definitive range maps for the Sierra (15,012 ac) in subunit 1A for Sierra affect suction dredge mining, and this Nevada yellow-legged frog, the northern Nevada yellow-legged frog. commenter expressed an opinion that DPS of the mountain yellow-legged frog, (54) Comment: We received a fish removal would be more effective at and the Yosemite toad. Frog ranges were comment from Pacific Gas and Electric frog restoration than critical habitat derived using information received from Company that we exclude the Blue designation. the University of California at Santa Lakes Unit from the Yosemite toad

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59059

critical habitat designation because it is familiarity with the species, the ensure the persistence of frog a hybridization zone with western toad geographic region in which the species populations in some units or subunits. (Anaxyrus boreas). occur, and conservation biology Our Response: We concur that Our Response: We are aware that the principles. We received responses from considerable research, restoration, and Blue Lakes Unit is within a zone of three of the five peer reviewers about management efforts are critical to the hybridization. Given the difficulty in our proposed critical habitat conservation of both species of frogs. differentiating the Yosemite toad from designation. We anticipate that all mentioned western toad (or, for that matter, either We reviewed all comments we elements will be central to the species from hybrids), and given that received from the peer reviewers for upcoming conservation strategy and the presence of hybrids indicates that substantive issues and new information future recovery plan. native genes are also extant within the regarding critical habitat for the Sierra (58) Comment: Two peer reviewers area, removing the unit from critical Nevada yellow-legged frog, the northern highlighted that the MaxEnt model used habitat designation is not warranted. DPS of the mountain yellow-legged frog, to delineate critical habitat may be Despite hybridization, this area still and the Yosemite toad. The peer biased toward high mountain lakes and meets the definition of critical habitat. reviewers generally concurred with our underrepresent stream-based (55) Comment: We received one methods and conclusions and provided populations. comment encouraging us to designate additional information, clarifications, Our Response: We acknowledge these additional critical habitat for the and suggestions to improve the final comments. One of the peer reviewers northern DPS of the mountain yellow- critical habitat rule. Peer reviewer (Dr. Knapp, the developer of the model) legged frog. Specific areas identified comments are addressed in the indicated this bias is based on included Breckenridge Mountain within following summary and incorporated differences in survey intensity of lake the Giant Sequoia National Monument, into the final rule as appropriate. versus stream habitats, but presumed and Taylor Meadow in the Sequoia the bias to be relatively small and National Forest, to effectively decrease Peer Reviewer Comments ultimately unquantifiable. Subsequent the gap between the critical habitat (56) Comment: Two peer reviewers review of our criteria as written for the units for the northern and southern DPS noted that certain populations were not proposed critical habitat designation by 31 miles. included in critical habitat. These Our Response: The criteria we applied included populations in the southwest indicates that we inadvertently omitted in determining critical habitat portion of Sierra Nevada yellow-legged one aspect of our delineation boundaries were based on the frog Clade 3 in the western Sierra methodology. Specifically, in stream- identification of specific areas with the National Forest (Lakecamp Lake and based populations, because Dr. Knapp physical or biological features essential Ershim Meadow), and the peer had indicated that the MaxEnt model to the conservation of the species, but reviewers suggested inclusion due to the was potentially less reliable for streams, also focused on areas with proximity to ecological uniqueness of the habitat (as we utilized the 0.2 probability of known, extant populations. The first meadow/stream populations). Other occurrence in such systems, as opposed reason for this approach is to protect locations not included were Upper and to the 0.4 threshold we utilized for lake- important habitat areas (the areas Lower Summit Meadows in Yosemite based delineations. This oversight has containing physical or biological National Park, Calaveras Big Trees, and been amended in the narrative for the features requiring special management Birch Creek and Dry Creek/Crooked criteria outlined in this final critical considerations and protection). This Meadows in the Inyo National Forest. habitat designation. This change in approach also works under the rationale Our Response: We concur that these narrative is a clarification of that natural dispersal and recolonization populations occur in ecologically methodology, and did not result in a in proximate areas is preferable to unique habitats. For genetic clades with change to any critical habitat translocation, or captive propagation more extant metapopulations, we did boundaries. and reintroduction to restored historical not include every locality within the (59) Comment: One peer reviewer habitat. While captive rearing and critical habitat designation. If noted two areas with relatively high reintroduction can and may be utilized populations were geographically toad abundances that were not included within an overall recovery effort for the removed, and opportunities for natural in the proposed Yosemite toad critical respective species, this more detailed dispersal between occupied habitat are habitat: Headwaters of West Walker in level of planning is not completed to limited within such genetic clades, the Humboldt-Toiyabe National Forest date. some of these populations were not and meadows southwest of Volcanic With regard to increasing connectivity included in the critical habitat Knob on the Sierra National Forest. between the southern DPS of the designation (whereas other populations Our Response: We acknowledge and mountain yellow-legged frog and the that were geographically closer and had appreciate this comment. We did not northern DPS of the mountain yellow- natural dispersal between occupied include every known Yosemite toad legged frog, it is unclear if restoring habitat within such clades were locality in our proposed critical habitat connectivity between the DPSs will be included). Please refer also to our designation, but rather we included an appropriate recovery target, because response to Comment (2), above. those areas containing the physical or natural interchange is impossible and (57) Comment: One peer reviewer biological features that are essential to these metapopulations are discrete and indicated that the loss of populations the conservation of the species. Please significant, comprising different genetic from designated subunits would also refer to responses to Comments (2) clades. jeopardize the long-term viability of the and (3), above. Sierra Nevada yellow-legged frog and (60) Comment: One peer reviewer Peer Review the northern DPS of the mountain suggested that we split Sierra Nevada In accordance with our peer review yellow-legged frog, and, therefore, yellow-legged frog subunit 3B into three policy published on July 1, 1994 (59 FR considerable research and management distinct units due the likelihood that 34270), we solicited expert opinions efforts focused upon fish eradications, this subunit is in fact comprised of from five knowledgeable individuals frog translocations, reintroductions, and clades 2 and 3, not simply clade 3 with scientific expertise that included Bd treatments will be necessary to following Vredenburg et al. (2007).

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59060 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

Our Response: We concur that the Sequoia Kings, 4D Kaweah River, and only include the species. In reducing most plausible genetic clade 5A Blossom Lakes to Table 6. In the area of final critical habitat for the designations follow the peer reviewer’s addition, the known threats that may Sierra Nevada yellow-legged frog, and comment. However, the entirety of affect the essential physical or biological maintaining the area proposed for subunit 3B for the Sierra Nevada features identified for the critical habitat critical habitat within the final yellow-legged frog, as delineated, units for the Yosemite toad have been designations for the northern DPS of the encompasses watersheds with mixed updated since our last proposed rule mountain yellow-legged frog and genetic lineage (clades 2 and 3), and, and the adjustments are included in the Yosemite toad, we believe the economic therefore, it was difficult to segregate Threats column of Table 7. We have also impacts to Federal agencies remain one from the other without designating included minor corrections or small and insignificant. multiple subunits within an entirely clarifications following our peer The known manageable threat of fish contiguous area. This condition also reviewer comments. We provide the full persistence and stocking has been holds for subunits 3C and 4C for the revised PCEs below. identified for the Northern DPS of the Sierra Nevada yellow-legged frog. Given Additionally, based on comments mountain yellow-legged frog for critical that the regulatory protections for the received from the public, State and habitat units 4AFrypan Meadows, 4B actual lands are identical regardless of Federal agencies, and the peer reviewer Granite Basin, 4C Sequoia Kings, 4D nomenclature, we opted for simplicity who developed the habitat model used Kaweah River, and 5A Blossom Lakes and kept subunits 3B and 3C as single in part to identify areas with the since our last proposed rule. subunits and numbered them for their requisite physical or biological features, Critical Habitat predominant genetic clade per we have reevaluated our criteria for Vredenburg et al. (2007). For subunit determining critical habitat. This Background 4C, we assigned the number based on reevaluation has resulted in the Critical habitat is defined in section 3 the range map we used, which was reduction of the number of sites developed and provided to us by the of the Act as: included in this final critical habitat (1) The specific areas within the same peer reviewer. We are hopeful that designation for the Sierra Nevada geographical area occupied by the future genetic studies elucidate the yellow-legged frog because current genetic lineage of each specific locale in species, at the time it is listed in habitat conditions were not reflected in these regions. accordance with the Act, on which are our original analysis (see ‘‘(4) found those physical or biological Summary of Changes From Proposed Additional Criteria Applied to Final features Rule Critical Habitat Designation for Sierra (a) Essential to the conservation of the Based on comments we received Nevada Yellow-legged Frog’’ under species, and following publication of the proposed Sierra Nevada Yellow-Legged Frog and (b) Which may require special critical habitat designation, we revised Northern DPS of the Mountain Yellow- management considerations or PCEs 1 and 2 for the Sierra Nevada legged Frog in Criteria Used to Identify protection; and yellow-legged frog and the northern DPS Critical Habitat, below). Therefore, we (2) Specific areas outside the of the mountain yellow-legged frog to are not finalizing designation of some geographical area occupied by the better clarify the intent of the PCE sites that we proposed for critical species at the time it is listed, upon a language with respect to the presence of habitat designation the Sierra Nevada determination that such areas are introduced fish within critical habitat. It yellow-legged frog (see Table 2, below). essential for the conservation of the was clear from public and agency input We are also not finalizing 6,057 ac species. that readers misinterpreted what we (15,012 ha) in subunit 1A because of Conservation, as defined under meant regarding PCE 1. We intended to information we received from CDFW section 3 of the Act, means to use and say that PCE 1 (aquatic breeding habitat) regarding occupancy of the proposed the use of all methods and procedures ideally should not have introduced subunit (see Comment (53), above). In that are necessary to bring an fishes present, but that introduced total, these changes result in a reduction endangered or threatened species to the fishes may be present in PCE 2. Given of approximately 9,412 ha (23,253 ac) in point at which the measures provided that an area only has to have one the critical habitat designation for the pursuant to the Act are no longer physical or biological feature present to Sierra Nevada yellow-legged frog from necessary. Such methods and meet the definition of critical habitat, what we proposed for this species (see procedures include, but are not limited areas that have fish present are still Table 2, below). The boundaries of to, all activities associated with considered critical habitat if they meet critical habitat designations for the scientific resources management such as PCE 2. Therefore, we did not intend to northern DPS of the mountain yellow- research, census, law enforcement, imply that areas have to be ‘‘free of fish’’ legged frog and the Yosemite toad habitat acquisition and maintenance, to be critical habitat. The specific remain the same as what we proposed. propagation, live trapping, and changes include: Clarification regarding Finally, we are changing the name of transplantation, and, in the the ‘‘fishless’’ component within PCE 1 Subunit 2F from Squaw Ridge to East extraordinary case where population (aquatic breeding habitat) and a Amador. A full list of designated units pressures within a given ecosystem typographical error within PCE 2 (non- and subunits is provided below (see cannot be otherwise relieved, may breeding aquatic habitat) to clarify that Tables 1, 3, and 4). In the incremental include regulated taking. prey base was meant to sustain juvenile effects memorandum, we indicated that Critical habitat receives protection and adult frogs intermittently using this we did not anticipate a substantial under section 7 of the Act through the habitat (not tadpoles). Other updates number of consultations that would requirement that Federal agencies since our last proposed rule include result in adverse modification from the ensure, in consultation with the Service, adding the known manageable threat of designation of critical habitat and, that any action they authorize, fund, or fish persistence and stocking for the therefore, we did not anticipate a carry out is not likely to result in the Northern DPS of the mountain yellow- substantial difference in administrative destruction or adverse modification of legged frog for critical habitat units 4A effort to analyze projects that include critical habitat. The designation of Frypan Meadows, 4B Granite Basin, 4C critical habitat from those that would critical habitat does not affect land

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59061

ownership or establish a refuge, limited to its range would be inadequate their designated critical habitat areas wilderness, reserve, preserve, or other to ensure the conservation of the may still result in jeopardy findings in conservation area. Such designation species. some cases. These protections and does not allow the government or public Section 4 of the Act requires that we conservation tools will continue to to access private lands. Such designate critical habitat on the basis of contribute to recovery of the species. designation does not require the best scientific and commercial data Similarly, critical habitat designations implementation of restoration, recovery, available. Further, our Policy on made on the basis of the best available or enhancement measures by non- Information Standards Under the information at the time of designation Federal landowners. Where a landowner Endangered Species Act (published in will not control the direction and requests Federal agency funding or the Federal Register on July 1, 1994 (59 substance of future recovery plans, authorization for an action that may FR 34271)), the Information Quality Act habitat conservation plans (HCPs), or affect a listed species or critical habitat, (section 515 of the Treasury and General other species conservation planning the consultation requirements of section Government Appropriations Act for efforts if new information available at 7(a)(2) of the Act would apply, but even Fiscal Year 2001 (Pub. L. 106–554; H.R. the time of these planning efforts calls in the event of a destruction or adverse 5658)), and our associated Information for a different outcome. On February 11, modification finding, the obligation of Quality Guidelines provide criteria, 2016, we published a final rule in the the Federal action agency and the establish procedures, and provide Federal Register (81 FR 7413) to amend landowner is not to restore or recover guidance to ensure that our decisions our regulations concerning the the species, but to implement are based on the best scientific data procedures and criteria we use to reasonable and prudent alternatives to available. They require our biologists, to designate and revise critical habitat. avoid destruction or adverse the extent consistent with the Act and That rule became effective on March 14, modification of critical habitat. with the use of the best scientific data 2016, but, as stated in that rule, the Under the first prong of the Act’s available, to use primary and original amendments it sets forth apply to ‘‘rules definition of critical habitat, areas sources of information as the basis for for which a proposed rule was within the geographical area occupied recommendations to designate critical published after March 14, 2016.’’ We by the species at the time it was listed habitat. published our proposed critical habitat are included in a critical habitat When we are determining which areas designation for the Sierra Nevada designation if they contain physical or should be designated as critical habitat, yellow-legged frog, the northern DPS of biological features (1) which are our primary source of information is the mountain yellow-legged frog, and essential to the conservation of the generally the information developed the Yosemite toad on April 25, 2013 (78 species and (2) which may require during the listing process for the FR 24516); therefore, the amendments special management considerations or species. Additional information sources set forth in the February 11, 2016, final protection. For these areas, critical may include the recovery plan for the rule at 81 FR 7413 do not apply to this habitat designations identify, to the species, articles in peer-reviewed final designation of critical habitat for extent known using the best scientific journals, conservation plans developed the Sierra Nevada yellow-legged frog, and commercial data available, those by States and counties, scientific status the northern DPS of the mountain physical or biological features that are surveys and studies, biological yellow-legged frog, and the Yosemite essential to the conservation of the assessments, other unpublished toad. species (such as space, food, cover, and materials, or experts’ opinions or protected habitat). In identifying those personal knowledge. Physical or Biological Features physical or biological features within an Habitat is dynamic, and species may In accordance with section 3(5)(A)(i) area, we focus on the principal move from one area to another over and 4(b)(1)(A) of the Act and regulations biological or physical constituent time. We recognize that critical habitat at 50 CFR 424.12, in determining which elements (primary constituent elements designated at a particular point in time areas within the geographical area such as roost sites, nesting grounds, may not include all of the habitat areas occupied by the species at the time of seasonal wetlands, water quality, tide, that we may later determine are listing to designate as critical habitat, soil type) that are essential to the necessary for the recovery of the we consider the physical or biological conservation of the species. Primary species. For these reasons, a critical features essential to the conservation of constituent elements are those specific habitat designation does not signal that the species and which may require elements of the physical or biological habitat outside the designated area is special management considerations or features that provide for a species’ life- unimportant or may not be needed for protection. These include, but are not history processes and are essential to recovery of the species. Areas that are limited to: the conservation of the species. important to the conservation of the (1) Space for individual and Under the second prong of the Act’s species, both inside and outside the population growth and for normal definition of critical habitat, we can critical habitat designation, will behavior; designate critical habitat in areas continue to be subject to: (1) (2) Food, water, air, light, minerals, or outside the geographical area occupied Conservation actions implemented other nutritional or physiological by the species at the time it is listed, under section 7(a)(1) of the Act, (2) requirements; upon a determination that such areas regulatory protections afforded by the (3) Cover or shelter; are essential for the conservation of the requirement in section 7(a)(2) of the Act (4) Sites for breeding, reproduction, or species. For example, an area currently for Federal agencies to insure their rearing (or development) of offspring; occupied by the species but that was not actions are not likely to jeopardize the and occupied at the time of listing may be continued existence of any endangered (5) Habitats that are protected from essential to the conservation of the or threatened species, and (3) section 9 disturbance or are representative of the species and may be included in the of the Act’s prohibitions on taking any historical, geographical, and ecological critical habitat designation. We individual of the species, including distributions of a species. designate critical habitat in areas taking caused by actions that affect We derive the specific physical or outside the geographical area occupied habitat. Federally funded or permitted biological features essential for the by a species only when a designation projects affecting listed species outside Sierra Nevada yellow-legged frog, the

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59062 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

northern DPS of the mountain yellow- resource limited); therefore, sufficient nutrients, and uncontaminated water. legged frog, and the Yosemite toad from space is also needed to avoid The high-elevation habitats that support studies of these species’ habitat, competition with other frogs and mountain yellow-legged frogs require ecology, and life history as described in tadpoles for limited food resources. sufficient sunlight to warm the water the proposed rule to designate critical Therefore, based on the information where they congregate, and to allow habitat published in the Federal above, we identify high-elevation water subadults and adults to sun themselves. Register on April 25, 2013 (78 FR bodies and adjacent lands within and Persistence of frog populations is 24516), and in the information proximate to water bodies utilized by dependent on a sufficient volume of presented below. Additional extant frog metapopulations (mountain water feeding into their habitats to information can be found in the final lakes and streams) to be a physical or provide the aquatic conditions listing rule published in the Federal biological feature needed by mountain necessary to sustain multiyear tadpoles Register on April 29, 2014 (79 FR yellow-legged frogs to provide space for through metamorphosis. This makes the 24256). Under the Act and its their individual and population growth hydrologic basin (or catchment area) a implementing regulations, we are and for normal behavior. critical source of water for supplying downgradient habitats. The catchment required to identify the physical or Food, Water, Air, Light, Minerals, or area sustains water levels in lakes and biological features essential to the Other Nutritional or Physiological streams used by mountain yellow- conservation of the Sierra Nevada Requirements yellow-legged frog, the northern DPS of legged frogs via surface and ground the mountain yellow-legged frog, and Adult mountain yellow-legged frogs water transport, which are crucially the Yosemite toad in areas occupied at are thought to feed preferentially upon important for maintaining frog habitat. the time of listing, focusing on the terrestrial insects and adult stages of Therefore, based on the information features’ primary constituent elements. aquatic insects while on the shore and above, we identify sufficient quantity Primary constituent elements are those in shallow water (Bradford 1983, p. and quality of source waters that specific elements of the physical or 1171); however, feeding studies on support habitat used by mountain biological features that provide for a mountain yellow-legged frogs in the yellow-legged frogs (including the species’ life-history processes and are Sierra Nevada are limited. Remains balance of constituents to support a essential to the conservation of the found inside the stomachs of mountain sustainable food web with a sufficient species. yellow-legged frogs in southern prey base), absence of competition from California represented a wide variety of introduced fishes, exposure to solar Physical or Biological Features for the invertebrates, including beetles, ants, radiation, and shallow (warmer) areas or Sierra Nevada Yellow-Legged Frog and bees, wasps, flies, true bugs, and shelves within ponds or pools to be a the Northern DPS of the Mountain dragonflies (Long 1970, p. 7). Larger physical or biological feature needed by Yellow-Legged Frog frogs have been observed to eat more mountain yellow-legged frogs to provide We have determined that the Sierra aquatic true bugs (Order Hemiptera) for their nutritional and physiological Nevada yellow-legged frog and the (Jennings and Hayes 1994, p. 77). Adult requirements. northern DPS of the mountain yellow- mountain yellow-legged frogs have also Cover or Shelter legged frog (hereafter referred to been found to eat Yosemite toad collectively as mountain yellow-legged tadpoles (Mullally 1953, p. 183; Zeiner Mountain yellow-legged frogs require frogs) require the following physical or et al. 1988, p. 88) and Pacific treefrog conditions that allow for overwinter biological features: tadpoles (Pope 1999b, pp. 163–164), and survival, including lakes or pools within they are also cannibalistic (Heller 1960, streams that do not freeze to the bottom, Space for Individual and Population p. 127; Vredenburg et al. 2005, p. 565). or refugia within or adjacent to such Growth and for Normal Behavior Mountain yellow-legged frog tadpoles systems (such as underwater crevices) Mountain yellow-legged frogs are graze on benthic detritus, algae, and so that overwintering tadpoles and frogs highly aquatic (Stebbins 1951, p. 340; diatoms along rocky bottoms in streams, do not freeze or experience anoxic Mullally and Cunningham 1956, p. 191; lakes, and ponds (Bradford 1983, p. conditions during their winter Bradford et al. 1993, p. 886). Although 1171; Zeiner et al. 1988, p. 88). dormancy period (Bradford 1983, pp. they tend to stay closely associated with Tadpoles have also been observed 1173–1179; Matthews and Pope 1999, high-elevation water bodies, they are cannibalizing eggs (Vredenburg 2000, p. pp. 622–623; Pope 1999a, pp. 42–43; capable of longer distance travel, 170) and feeding on the carcasses of Vredenburg et al. 2005, p. 565). Cover whether along stream courses or over dead metamorphosed frogs (Vredenburg for adults to protect themselves from land in between breeding, foraging, and et al. 2005, p. 565). Other species may terrestrial and avian predators is also an overwintering habitat within lake compete with frogs and tadpoles for important habitat feature, especially in complexes. Individuals may use limited food resources. Introduced cases where aquatic habitat itself does different water bodies or different areas fishes are the primary competitors, not provide adequate protection from within the same water body for reducing the available prey base for terrestrial or avian predators due to breeding, foraging, and overwintering mountain yellow-legged frogs (Finlay insufficient water depth. Although (Matthews and Pope 1999, pp. 620–623; and Vredenburg 2007, p. 2187). cover within aquatic habitat may be Wengert 2008, p. 18). Within water The ecosystems utilized by mountain important in the short term to avoid fish bodies, adults and tadpoles prefer yellow-legged frogs have inherent predation, the observation of low shallower areas and shelves (Mullally community dynamics that sustain the coexistence between introduced trout and Cunningham 1956, p. 191; Jennings food web. Habitats, therefore, must and frog populations (Knapp 1996, pp. and Hayes 1994, p. 77) with solar maintain sufficient water quality to 1–44) suggests that cover alone is exposure (features rendering these areas sustain the frogs within the tolerance insufficient to preclude extirpation by warmer (Bradford 1984, p. 973), which range of healthy individual frogs, as fish predation. also make them more suitable as prey well as acceptable ranges for Therefore, based on the information species). High-elevation habitats tend to maintaining the underlying ecological above, we identify refuge from lethal have lower relative productivity community. These key physical overwintering conditions (freezing and (suggesting populations are often parameters include pH, temperature, anoxia), and physical cover from

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59063

aquatic, avian, and terrestrial predators climate change). This provides (b) Maintain a natural flow pattern, to be a physical or biological feature functional redundancy to safeguard including periodic flooding, and have needed by the mountain yellow-legged against stochastic events (such as functional community dynamics in frog. wildfires), but this redundancy also may order to provide sufficient productivity be necessary as different regions or and a prey base to support the growth Sites for Breeding, Reproduction, or microclimates respond to changing Rearing (or Development) of Offspring and development of rearing tadpoles climate conditions. and metamorphs. Mountain yellow-legged frogs are Establishing or maintaining (c) Be free of introduced predators. known to utilize habitats differently populations across a broad geographic (d) Maintain water during the entire depending on season (Matthews and area spreads out the risk to individual tadpole growth phase (a minimum of 2 Pope 1999, pp. 620–623; Wengert 2008, populations across the range of the years). During periods of drought, these p. 18). Reproduction and rearing require species, thereby conferring species breeding sites may not hold water long water bodies (or adequate refugia) that resilience. Finally, protecting a wide enough for individuals to complete are sufficiently deep that they do not range of habitats across the occupied metamorphosis, but they may still be dry out in summer or freeze through in range of the species simultaneously considered essential breeding habitat if winter (except infrequently). Therefore, maintains genetic diversity of the they provide sufficient habitat in most the conditions within the catchment for species, which protects the underlying years to foster recruitment within the these habitats must be maintained such integrity of the major genetic clades reproductive lifespan of individual that sufficient volume and timing of (Vredenburg et al. 2007, pp. 370–371), adult frogs. snowmelt and adequate transport of whose persistence is important to the (e) Contain: precipitation to these rearing water ecological fitness of these species as a (i) Bank and pool substrates bodies sustain the appropriate balance whole (Allentoft and O’Brien 2010 pp. consisting of varying percentages of soil of conditions to maintain mountain 47–71; Johansson et al. 2007, pp. 2693– or silt, sand, gravel, cobble, rock, and yellow-legged frog’s life-history needs. 2700). boulders (for basking and cover); Conditions that determine the depth, Therefore, based on the information (ii) Shallower microhabitat with solar siltation rates, or persistence of these above, we identify dispersal routes exposure to warm lake areas and to water bodies (including sufficient (generally fish free), habitat foster primary productivity of the food perennial water at depths that do not connectivity, and a diversity of high- web; freeze overwinter) are key determinants quality habitats across multiple (iii) Open gravel banks and rocks or of habitat functionality (within watersheds throughout the geographic tolerance ranges of each particular extent of the species’ ranges and other structures projecting above or just system). Finally, pre-breeding adult sufficiently representative of the major beneath the surface of the water for frogs need access to these water bodies genetic clades to be a physical or adult sunning posts; in order to utilize resources available biological feature needed by the (iv) Aquatic refugia, including pools within nonbreeding habitat. mountain yellow-legged frog. with bank overhangs, downfall logs or Therefore, based on the information branches, or rocks and vegetation to above, we find the persistence of Primary Constituent Elements for Sierra provide cover from predators; and breeding and rearing habitats and access Nevada Yellow-Legged Frog and the (v) Sufficient food resources to to and from seasonal habitat areas Northern DPS of the Mountain Yellow- provide for tadpole growth and (whether via aquatic or terrestrial Legged Frog development. migration) to be a physical or biological Based on our current knowledge of (2) Aquatic nonbreeding habitat feature needed by the mountain yellow- the physical or biological features and (including overwintering habitat). This legged frog to allow successful habitat characteristics required to habitat may contain the same reproduction and development of sustain the species’ life-history characteristics as aquatic breeding and offspring. processes, we determine that the rearing habitat (often at the same locale), primary constituent elements specific to and may include lakes, ponds, tarns, Habitats Protected From Disturbance or the Sierra Nevada yellow-legged frog streams, rivers, creeks, plunge pools Representative of the Historical, and the northern DPS of the mountain within intermittent creeks, seeps, and Geographic, and Ecological yellow-legged frog are: springs that may not hold water long Distributions of the Species (1) Aquatic habitat for breeding and enough for the species to complete its In addition to migration routes (areas rearing. Habitat that consists of aquatic life cycle. This habitat provides that provide back and forth between permanent water bodies, or those that for shelter, foraging, predator avoidance, habitat patches within the are either hydrologically connected and aquatic dispersal of juvenile and metapopulation) without impediments with, or close to, permanent water adult mountain yellow-legged frogs. across the landscape between proximal bodies, including, but not limited to, Aquatic nonbreeding habitat contains: ponds within the ranges of functional lakes, streams, rivers, tarns, perennial (a) Bank and pool substrates metapopulations, mountain yellow- creeks (or permanent plunge pools consisting of varying percentages of soil legged frogs require dispersal corridors within intermittent creeks), pools (such or silt, sand, gravel, cobble, rock, and (areas for recolonization and range as a body of impounded water boulders (for basking and cover); expansion) to reestablish populations in contained above a natural dam), and (b) Open gravel banks and rocks extirpated areas within its current range other forms of aquatic habitat. This projecting above or just beneath the to provide ecological and geographic habitat must: surface of the water for adult sunning resiliency (U.S. Forest Service et al. (a) For lakes, be of sufficient depth posts; 2015, p. 35). Maintenance and not to freeze solid (to the bottom) during (c) Aquatic refugia, including pools reestablishment of such populations the winter (no less than 1.7 m (5.6 ft), with bank overhangs, downfall logs or across a diversity of ecological but generally greater than 2.5 m (8.2 ft), branches, or rocks and vegetation to landscapes is necessary to provide and optimally 5 m (16.4 ft) or deeper provide cover from predators; sufficient protection against changing (unless some other refuge from freezing (d) Sufficient food resources to environmental circumstances (such as is available)). support juvenile and adult foraging;

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59064 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

(e) Overwintering refugia, where breeding habitats and adjacent upland (ants, wasps, bees, sawflies, horntails) thermal properties of the microhabitat areas. Yosemite toads have been comprising the largest proportion of the protect hibernating life stages from documented breeding in wet meadows summer prey base (Martin 1991, pp. 19– winter freezing, such as crevices or and slow-flowing streams (Jennings and 22). holes within bedrock, in and near shore; Hayes 1994, pp. 50–53), shallow ponds, The habitats utilized by the Yosemite and/or and shallow areas of lakes (Mullally toad have inherent community (f) Streams, stream reaches, or wet 1953, pp. 182–183). Upland habitat use dynamics that sustain the food web. meadow habitats that can function as varies among the different sexes and life Habitats also must maintain sufficient corridors for movement between aquatic stages of the toad (Morton and Pereyra water quality and moisture availability habitats used as breeding or foraging 2010, p. 391); however, all Yosemite to sustain the toads throughout their life sites. toads utilize areas within 1.5 km (0.9 stages, so that key physical parameters (3) Upland areas. mi) of breeding sites for foraging and within the tolerance range of healthy (a) Upland areas adjacent to or overwintering, with juveniles individual frogs, as well as acceptable surrounding breeding and nonbreeding predominantly overwintering in close ranges for maintaining the underlying aquatic habitat that provide area for proximity to breeding areas (Martin ecological community, are maintained. feeding and movement by mountain 2008, p. 154; Morton and Pereyra 2010, These parameters include, but are not yellow-legged frogs. p. 391; Liang et al. 2010, p. 6). limited to, pH, temperature, (i) For stream habitats, this area Yosemite toads must be able to move precipitation, slope, aspect, vegetation, extends 25 m (82 ft) from the bank or between aquatic breeding habitats, and lack of anthropogenic contaminants shoreline. upland foraging sites, and overwintering at harmful concentrations. Yosemite (ii) In areas that contain riparian areas. Yosemite toads have been toad locations are associated with low habitat and upland vegetation (for documented to move as far as 1.26 km slopes, specific vegetation types (wet example, mixed conifer, ponderosa (0.78 mi) between breeding and upland meadow, alpine-dwarf shrub, montane pine, montane conifer, and montane habitats (Liang 2010, p. ii). Based on chaparral, red fir, and subalpine riparian woodlands), the canopy observational data from three previous conifer), and certain temperature overstory should be sufficiently thin studies, Liang et al. (2010, p. 6) regimes (Liang and Stohlgren 2011, p. (generally not to exceed 85 percent) to estimated the maximum travel distance 217). allow sunlight to reach the aquatic for the Yosemite toad to be 1.5 km (0.9 Therefore, based on the information habitat and thereby provide basking mi). Upland habitat used for foraging above, we identify sufficient quantities areas for the species. includes lush meadows with herbaceous and quality of source waters, adequate (iii) For areas between proximate vegetation (Morton and Pereyra 2010, p. prey resources and the balance of (within 300 m (984 ft)) water bodies 390), alpine-dwarf scrub, red fir, constituents to support the natural food (typical of some high mountain lake lodgepole pine, and subalpine conifer web, low slopes, and specific vegetation habitats), the upland area extends from vegetation types (Liang 2010, p. 81), and communities to be a physical or the bank or shoreline between such the edges of talus slopes (Morton and biological feature needed by Yosemite water bodies. Pereyra 2010, p. 391). toads to provide for their nutritional and (iv) Within mesic habitats such as Therefore, based on the information physiological requirements. lake and meadow systems, the entire above, we identify both lentic (still) and area of physically contiguous or lotic (flowing) water bodies, including Cover or Shelter proximate habitat is suitable for meadows, and adjacent upland habitats When not actively foraging, Yosemite dispersal and foraging. with sufficient refugia (for example, toads take refuge under surface objects, (b) Upland areas (catchments) logs, rocks) and overwintering habitat including logs and rocks (Stebbins 1951, adjacent to and surrounding both that provide space for normal behavior pp. 245–248; Karlstrom 1962, pp. 9–10), breeding and nonbreeding aquatic to be a physical or biological feature and in rodent burrows (Liang 2010, p. habitat that provide for the natural needed by Yosemite toads for their 95). Thus, areas of shelter interspersed hydrologic regime (water quantity) of individual and population growth and with other moist environments, such as aquatic habitats. These upland areas for normal behavior. seeps and springs, are necessary. should also allow for the maintenance Food, Water, Air, Light, Minerals, or Yosemite toads also utilize rodent of sufficient water quality to provide for Other Nutritional or Physiological burrows (Jennings and Hayes 1994, pp. the various life stages of the frog and its Requirements 50–53), as well as cover under surface prey base. objects and below willows, for Little is known about the diet of overwintering (Kagarise Sherman 1980, Physical or Biological Features for the Yosemite toad tadpoles. However, their pers. obs., as cited in Martin 2008, p. Yosemite Toad diet presumably approximates that of 158). We have determined that the related Anaxyrus species, and likely Therefore, based on the information Yosemite toad requires the following consists of microscopic algae, bacteria, above, we identify surface objects, physical or biological features: and protozoans. Given their life history, rodent burrows, and other cover or it is logical to presume they are overwintering areas to be a physical or Space for Individual and Population opportunistic generalists. Martin (1991, biological feature needed by the Growth and for Normal Behavior pp. 22–23) reports tadpoles foraging on Yosemite toad to provide cover and The Yosemite toad is commonly detritus and plant materials (algae), but shelter. associated with wet meadow habitats in also identifies Yosemite toad tadpoles as the Sierra Nevada of California. It potential opportunistic predators, Sites for Breeding, Reproduction or occupies aquatic, riparian, and upland having observed them feeding on the Rearing (or Development) of Offspring habitat throughout a majority of its larvae of Pacific chorus frog and Yosemite toads are prolific breeders range. Suitable habitat for the Yosemite predaceous diving beetle, which may that lay their eggs at snowmelt. Suitable toad is created and maintained by the have been dead or live. The adult breeding and embryonic rearing habitat natural hydrologic and ecological Yosemite toad diet comprises a large generally occurs in very shallow water processes that occur within the aquatic variety of insects, with Hymenoptera of subalpine lentic and lotic habitats,

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59065

including wet meadows, lakes, and diversity) to be a physical or biological Special Management Considerations or small ponds, as well as shallow spring feature needed by the Yosemite toad. Protection channels, side channels, and sloughs. Primary Constituent Elements for the When designating critical habitat, we Eggs typically hatch within 4 to 6 days Yosemite Toad assess whether the specific areas within (Karlstrom 1962, p. 19), with rearing the geographical area occupied by the through metamorphosis taking Based on our current knowledge of species at the time of listing contain approximately 5 to 7 weeks after eggs the physical or biological features and features that are essential to the are laid (U.S. Forest Service et al. 2015, habitat characteristics required to conservation of the species and which p. 250). These times can vary depending sustain the species’ life-history may require special management on prey availability, temperature, and processes, we determine that the considerations or protection. other abiotic factors. primary constituent elements specific to The features essential to the The suitability of breeding habitat the Yosemite Toad are: conservation of the Sierra Nevada may vary from year to year due (1) Aquatic breeding habitat. (a) This yellow-legged frog and northern DPS of primarily to the amount of precipitation habitat consists of bodies of fresh water, the mountain yellow-legged frog may and local temperatures. Given the including wet meadows, slow-moving require special management variability of habitats available for streams, shallow ponds, spring systems, considerations or protection to reduce breeding, the high site-fidelity of and shallow areas of lakes, that: breeding toads, an opportunistic the following threats: The persistence of (i) Are typically (or become) introduced trout populations in breeding strategy, as well as the use of inundated during snowmelt; lotic systems, Yosemite toads require a essential habitat; the risks related to the (ii) Hold water for a minimum of 5 variety of aquatic habitats to spread of pathogens; the effects from weeks, but more typically 7 to 8 weeks; successfully maintain populations. water withdrawals and diversions; Therefore, based on the information and impacts associated with timber harvest above, we identify both lentic and slow- (iii) Contain sufficient food for and fuels reduction activities; impacts moving lotic aquatic systems that tadpole development. associated with inappropriate livestock provide sufficient temperature for (b) During periods of drought or less grazing; and intensive use by hatching and that maintain sufficient than average rainfall, these breeding recreationists, including packstock water for metamorphosis (a minimum of sites may not hold surface water long camping and grazing. 5 weeks) to be a physical or biological enough for individual Yosemite toads to Conservation actions that could feature needed by the Yosemite toad to complete metamorphosis, but they are ameliorate the threats described above allow for successful reproduction and still considered essential breeding include (but are not limited to) development of offspring. habitat because they provide habitat in nonnative fish eradication; installation most years. of fish barriers; modifications to fish Habitats Protected From Disturbance or (2) Upland areas. (a) This habitat stocking practices in certain water Representative of the Historical, consists of areas adjacent to or bodies; physical habitat restoration; and Geographic, and Ecological surrounding breeding habitat up to a responsible management practices Distributions of the Species distance of 1.25 km (0.78 mi) in most covering potentially incompatible In addition to migration routes cases (that is, depending on surrounding activities, such as timber harvest and without impediments between upland landscape and dispersal barriers), fuels management, water supply areas and breeding locations across the including seeps, springheads, talus and development and management, landscape, Yosemite toads require boulders, and areas that provide: inappropriate livestock grazing, dispersal corridors to utilize a wide (i) Sufficient cover (including rodent packstock grazing, and other range of breeding habitats in order to burrows, logs, rocks, and other surface recreational uses. These management provide ecological and geographic objects) to provide summer refugia, practices will protect the PCEs for the resiliency in the face of changing (ii) Foraging habitat, mountain yellow-legged frog by environmental circumstances (for (iii) Adequate prey resources, reducing the stressors currently example, climate). This provides affecting population viability. (iv) Physical structure for predator functional redundancy to safeguard Additionally, management of critical avoidance, against stochastic events, such as habitat lands will help maintain the wildfires, but also may be necessary as (v) Overwintering refugia for juvenile underlying habitat quality, foster different regions or microclimates and adult Yosemite toads, recovery, and sustain populations respond to changing climate conditions. (vi) Dispersal corridors between currently in decline. Maintaining populations across a broad aquatic breeding habitats, The features essential to the geographic extent also reduces the risk (vii) Dispersal corridors between conservation of the Yosemite toad may of a stochastic event that extirpates breeding habitats and areas of suitable require special management multiple populations across the range of summer and winter refugia and foraging considerations or protection to reduce the species, thereby conferring species habitat, and/or the following threats: Impacts associated resilience. Finally, protecting a wider (viii) The natural hydrologic regime of with timber harvest and fuels reduction range of habitats across the occupied aquatic habitats (the catchment). activity; impacts associated with range of the species can assist in (b) These upland areas should also inappropriate livestock grazing; the maintaining the genetic diversity of the maintain sufficient water quality to spread of pathogens; and intensive use species. provide for the various life stages of the by recreationists, including packstock Therefore, based on the information Yosemite toad and its prey base. camping and grazing. above, we identify dispersal routes, With this designation of critical Management activities that could habitat connectivity, and a diversity of habitat, we identify the physical or ameliorate the threats described above habitats throughout the geographic biological features and their associated include (but are not limited to) physical extent of the species’ range that PCEs that support the life-history habitat restoration and responsible sufficiently represent the distribution of processes essential to the conservation management practices covering the species (including inherent genetic of the species. potentially incompatible beneficial uses

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59066 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

such as timber harvest and fuels However, not all areas within each unit legged frog. The re-evaluation was management, water supply development are being used by the species at all necessary because the MaxEnt 3.3.3e and management, livestock and times, because, by definition, model we used to derive the proposed packstock grazing, and other individuals within metapopulations critical habitat designation was based on recreational uses. These management move in space and time. historical habitat conditions that did not activities will protect the PCEs for the For the purposes of this final rule (as reflect current habitat conditions and Yosemite toad by reducing the stressors in our proposed rule), we equate the land use of these sites (Knapp 2013). currently affecting population viability. geographical area occupied at the time This information has bearing on the Additionally, management of critical of listing with the current range for each restoration potential of such areas. habitat lands will help maintain or of the species (50 CFR 424.12). Although the model limitations applied Therefore, we are designating specific enhance the necessary environmental to both frog species, none of the areas within the geographical area components, foster recovery, and additional criteria used to filter the sustain populations currently in occupied at the time of listing (see aquatic habitats within the range of the decline. criteria below) on which are found those physical or biological features that are northern DPS of the mountain yellow- Criteria Used To Identify Critical essential to the conservation of the legged frog (see following) suggested or Habitat species and which may require special supported change from the proposed As required by section 4(b)(2) of the management considerations or designation for the northern DPS of the Act, we use the best scientific data protection pursuant to section 3(5)(A)(i) mountain yellow-legged frog. By available to designate critical habitat. In of the Act. Within the current range of comparison, our reevaluation did result accordance with the Act and our the species, based on the best scientific in a reduction of sites from the proposed implementing regulations, we review data available, some watersheds may or designation for the Sierra Nevada available information pertaining to the may not be actively utilized by extant yellow-legged frog. All further habitat requirements of the species and frog or toad populations, but we discussion on the additional analysis identify occupied areas at the time of consider these areas to be occupied at (see ‘‘(4) Additional Criteria Applied to listing that contain the features essential the scale of the geographic range of the Final Critical Habitat Designation for to the conservation of the species. If, species. We use the term ‘‘utilized’’ to Sierra Nevada Yellow-legged Frog,’’ after identifying currently occupied refer to the finer geographic scale at the below) only affects the final critical areas, we determine that those areas are watershed or survey locality level of habitat designation for the Sierra inadequate to ensure conservation of the resolution when the species actively Nevada yellow-legged frog. species, in accordance with the Act and uses the area. Specific criteria and methodology our implementing regulations, we then For this final rule, we completed the used to determine critical habitat unit consider whether designating additional following basic steps to delineate boundaries are discussed by species areas—outside those currently critical habitat (specific methods follow below. occupied—are essential for the below): conservation of the species. We are not (1) We compiled all available data Sierra Nevada Yellow-Legged Frog and designating any areas outside the from observations of Sierra Nevada Northern DPS of the Mountain Yellow- geographical area occupied by the yellow-legged frog, northern DPS of the Legged Frog species because occupied areas are mountain yellow-legged frog, and sufficient for their conservation. Yosemite toad; We are treating these two species as We are designating critical habitat (2) We identified, based on the best similar in habitat and behavior. units that we have determined based on scientific data available, populations (1) Data Sources the best scientific data available are that are extant at the time of listing known to be currently occupied and (current) versus those that are We obtained observational data from contain the primary constituent extirpated; the following sources to include in our elements of the physical or biological (3) We identified areas containing the Geographic Information System (GIS) features essential to the conservation of components comprising the physical or database for mountain yellow-legged the Sierra Nevada yellow-legged frog, biological features that may require frog: (a) Surveys of the National Parks northern DPS of the mountain yellow- special management considerations or within the range of the mountain legged frog, and the Yosemite toad protection; yellow-legged frog, including (under section 3(5)(A)(i) of the Act). (4) We circumscribed boundaries of information collected by R. Knapp’s These species exhibit a metapopulation potential critical habitat units based on Sierra Lakes Inventory Project, and G. life-history model, and although they the above information; and tend towards high site-fidelity, (5) We removed, to the extent Fellers; (b) CDFW High Mountain Lakes individuals within these populations practicable, all areas that did not have Project survey data; (c) Sierra Nevada can and do move through suitable the specific the physical or biological Amphibian monitoring program habitat to take advantage of changing feature components, and therefore are (SNAMPH) survey data from USFS; and conditions. Additional areas outside the not considered essential to the (d) unpublished data collected by aquatic habitat within each unit or conservation of the Sierra Nevada professional biologists during subunit were incorporated to assist in yellow-legged frog, northern DPS of the systematic surveys. Collectively, our maintaining the hydrology of the mountain yellow-legged frog, or survey data spanned August 1993 aquatic features and to recognize the Yosemite toad. through September 2010. We cross- importance of dispersal between (6) Following receipt of additional checked our database against the populations. In most instances, we information from public comments California Natural Diversity Data Base aggregated areas we knew to be along with those from USFS and CDFW, (CNDDB) reports, and we opted to occupied, together with areas needed for we reevaluated a number of sites in the utilize the above sources in lieu of the hydrologic function and dispersal, into proposed designation for the Sierra CNDDB data, due to the systematic single units or subunits as described at Nevada yellow-legged frog and the nature of the surveys and their inherent 50 CFR 424.12(d) of our regulations. northern DPS of the mountain yellow- quality control.

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59067

(2) Occurrence Criteria While recent information suggests that do have the capacity to move relatively We considered extant all localities at least some of the frogs in the Wengert large distances, even within a single where presence of living mountain study may have actually been foothill season. Our criteria for deriving critical yellow-legged frog has been confirmed yellow-legged frog (Rana boylii) habitat units, therefore, must take into since 1995, unless the last three (or (Poorten et al. 2013, p. 4), we expect account not only dispersal behavior and more) consecutive surveys have found that the movement distances recorded home range, but also consider the no individuals of any life stage. The are applicable to the Sierra Nevada underlying habitat mosaic (and site- 1995 cutoff date was selected because it yellow-legged frog within a stream- specific data, where available) when reflects a logical break point given the based system, because the ecology is defining final boundaries for critical underlying sample coverage and comparable between the two similar habitat. Another factor to consider when relatively long lifespan of the frogs and taxa in regard to stream systems. The estimating home ranges from point is consistent with the recent status movement patterns of the mountain samples is encounter probability within evaluation by CDFW, and is therefore yellow-legged frog within the lake the habitat range (whether the point consistent with trend analyses compiled complex included average distances location where the surveyed frog is as part of that same effort (CDFW moved within a 5-day period ranging observed is at the center or edge of a (formerly CDFG) 2011, pp. 17–25). We from 43–145 m (141–476 ft) (Matthews home range). It is more likely that considered the specific areas within the and Pope, 1999, p. 620), with frogs traveling greater distances in September surveys will encounter individuals in currently occupied geographic range of compared to August and October. This their preferred habitat areas, especially the species that include all higher- period reflects foraging and dispersal when point counts are attributed to quality habitat (see ‘‘(3) Habitat Unit activity during the pre-wintering phase. main lakes (and during the height of the Delineation,’’ below) that is contiguous Estimated average home ranges from breeding season or closer to the to extant mountain yellow-legged frog this study ranged from 53 square meters overwintering season). Nevertheless, the populations. To protect remnant (174 square ft) in October to more than full extent of actual utilized habitat may populations, areas where surveys 5,300 square meters (0.4 ac) in be removed in time and space from the confirmed the presence of mountain September (Matthews and Pope 1999, p. immediate area defined by point yellow-legged frog using the criteria 620). The stream telemetry study locations identified during one-time above were generally considered recorded movement distances from 3– surveys. The underlying uncertainty necessary to conservation, including: 2,300 m (10–7,546 ft) (average was 485 associated with point encounters means All hydrologically connected waters m (1,591 ft)) within a single season (July that it is difficult, and possibly within a distance of 3 km (1.9 mi), all through September), with as much as inaccurate, to utilize bounded home areas overland within 300 m (984 ft) of 3,300 m (10,827 ft) of linear stream ranges from empirical data when you survey locations, and the remainder of habitat utilized by a single frog across lack site-specific information regarding the watershed upgradient of that seasons (Wengert 2008, p. 11). Home habitat use about the surveyed sample location. The 3-km (1.9-mi) boundary ranges in this study were estimated at unit. Additionally, emigration and was derived from empirical data 167,032 square meters (12.6 ac). recolonization of extirpated sites require recording frog movements using The farthest reported distance of a movement through habitat across radiotelemetry (see derivation below). mountain yellow-legged frog from water generations, which may venture well Watersheds containing the physical or is 400 m (1,300 ft) (Vredenburg et al. beyond estimated single-season home biological features (as indicated by the 2005, p. 564). Frogs within habitat ranges or movement distances. MaxEnt Model), and with multiple and connected by lake networks or Therefore, the estimates from the very repeated positive survey records spread migration corridors along streams limited field studies are available as throughout the habitat area, were exhibit greater movement and home guidelines, but we also use the nature completely included. If two subareas range. Frogs located in a mosaic of fewer and physical layout of underlying within adjacent watersheds (one lakes or with greater distances between habitat features (or site-specific utilized, and one not known to be areas with high habitat value are not knowledge, where available) to better utilized) had contiguous high-quality expected to move as far over dry land. define critical habitat units. habitat, the area was included up to We used values within the range of Finally, results from studies approximately 3 km (1.9 mi) of the empirical data to derive our boundaries, conducted in single localities should be survey location. These areas are but erred towards the maxima, for considered estimates. Measured considered essential to the conservation reasons explained below. distance movements and estimated of the species, because they are These empirical results may not home ranges from limited studies presumed to be within the dispersal necessarily be applied across the range should not be the sole determinants in capacity of extant frog metapopulations of the mountain yellow-legged frog. It is habitat unit delineation. The ability of or their progeny. likely that movement is largely a frogs to move along suitable habitat Two detailed movement studies using function of the underlying habitat corridors should also be considered. radio telemetry have been completed for mosaic particular to each location. This is especially significant in light of mountain yellow-legged frogs from Available data are limited to the two the need for dispersal and which movement and home range data studies of different species spanning recolonization of unoccupied habitat as may be derived. One of the studies, distinct habitat types. Therefore, the species recovers from declines focused on the mountain yellow-legged generalizations across the range may not resulting from fish stocking and the frog, occurred in a lake complex in Dusy be inaccurate; however, two points are spread of Bd. It is evident from the data Basin in Kings Canyon National Park evident. First, although mountain that frogs can, over the course of a (Matthews and Pope 1999, pp. 615– yellow-legged frogs are known to be season (and certainly over a lifespan), 624). The other study included a stream- highly associated with aquatic habitat move through several kilometers of dwelling population of what was, at the and to exhibit high site-fidelity habitat (if the intervening habitat is time, identified as the Sierra Nevada (Stebbins 1951, p. 340; Mullally and suitable). yellow-legged frog in Plumas County, Cunningham 1956, p. 191; Bradford et Therefore, given observed dispersal California (Wengert 2008, pp. 1–32). al. 1993, p. 886; Pope 1999a, p. 45), they ability based on available data, we have

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59068 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

determined as a general guideline that temperature and water availability. The frog locations (CDFG 2011, p. A–3). aquatic habitats associated with survey variables used as model inputs included Using the available data (CDFW et al. encounters (point estimates or the elevation, maximum elevation of unit unpub. data), this figure accounted for entirety of associated water bodies) and watershed, slope, average annual approximately 90 percent of extant those within 3 km (1.9 mi) temperature, average temperature of population habitat association using our (approximating the upper bound of coldest quarter of the year, average occurrence criteria (1,504 of 1,674 observed estimates of movement from temperature of the warmest month of survey records). In the case of stream- all available data) along stream or the year, annual precipitation, based populations, we used a lower meadow courses, and within 300 m (984 precipitation during the driest quarter of threshold for habitat suitability (0.2) to ft) overland (an intermediate value the year, distance to water, and lake compensate for possible model bias and between the maximum observed density. The model additionally allows limited coverage in such habitats. distance traveled across dry land within for interactions among these variables Where the MaxEnt 3.3.3e species a season) are included in the delineated and can fit nonlinear relationships using distribution model indicated poor habitat units, unless some other habitat a diversity of feature classes (CDFG quality of intervening habitat in the parameter (as outlined in the PCEs, 2011, pp. A–1—A–5). mapped landscape within 3 km (1.9 mi) above) indicates low habitat utility or The MaxEnt model renders a grid of survey records, we generally cropped practical dispersal barriers such as high output with likelihood of frog these areas at dispersal barriers or ridges or rough terrain. At a minimum, occurrence, a practical index of watershed boundaries, but may have stream courses and the adjacent upland historical habitat quality. This output also followed streams or topographic habitat up to a distance of 25 m (82 ft) was compared to 2,847 frog occurrence features. To minimize human error from are included (based on an estimate from records to determine the fit of the visual interpolation of habitat units, we empirical data in Wengert (2008, p. 13)). model. The model derived by Dr. Knapp aggregated the high-quality habitat grids A maximum value was utilized here fit the data well. Area under the curve from the model output in ArcGIS using because habitat along stream courses (AUC) values are a measure of model fit, a neighbor distance within 1,000 m must protect all frogs present and where values of 0.5 are random and (3,281 ft), and we used this boundary to include key features of habitat quality values approaching 1.0 are fully circumscribe model outputs when (see PCEs, above). accounted for within the model. The selecting this boundary parameter. The model fit for the MaxEnt 3.3.3e species 1,000-m (3,281-ft) aggregating criterion (3) Habitat Unit Delineation distribution model covering both the most closely agreed with manual visual To identify specific areas containing Sierra Nevada yellow-legged frog and interpolation methods that minimized the physical or biological features the northern DPS of the mountain land area included during unit essential for mountain yellow-legged yellow-legged frog had AUC values of delineation. frogs that may require special 0.916 (standard deviation (s.d.) = 0.002) If areas were contiguous to designated management considerations or and 0.964 (s.d. = 0.006), respectively. areas within utilized watersheds, we protection, we examined the current Individual critical habitat units were include the higher quality habitat of the and historical locations of mountain constructed to reflect the balance of frog adjacent watersheds with model ranking yellow-legged frogs in relation to the dispersal ability and habitat use (in 0.4 or greater. These areas are essential State of California’s CALWATER other words, based on movement if they are of sufficiently high habitat watershed classification system (version distances), along with projections of quality to be important for future 2.2), using the smallest planning habitat quality as expressed by the dispersal, translocation, and restoration watersheds. probability models (MaxEnt grid consistent with recovery needs. In In order to circumscribe the outputs) and other habitat parameters general, for these ‘‘neighboring’’ boundaries of potential critical habitat, consistent with the PCEs defined above. watersheds, circumscribed habitat we adopted the CALWATER Specifically, we considered areas to boundaries followed either the 0.4+ boundaries, where appropriate, and be actively utilized if extant occurrences MaxEnt aggregate polygon boundary, delineated boundaries based on existed within 300 m (984 ft) overland, stream courses, or topographic features currently occupied aquatic habitat, as or within 3 km (1.9 mi) if connected by that otherwise constituted natural well as historically occupied habitats high-quality dispersal habitat (stream or dispersal barriers. Further, subunit within the current range of the species. high lake density habitat). In general, designation does not include catchment Watershed boundaries or other areas up-gradient from occupied water areas necessary to protect relevant topographic features were utilized as the bodies (within the catchment) were physical or biological features if the boundary when they provided for the circumscribed at the watershed mapped area was greater than 3 km (1.9 maintenance of the hydrology and water boundary. Aquatic habitat of high mi) from a survey location. This lower quality of the aquatic system. quality (defined by higher probability of protective standard was appropriate Additional areas were included in order frog presence) within 3 km (1.9 mi) from because these areas were beyond the to provide for the dispersal capacity of extant survey records was included, outside bound of extant survey records, the frogs, as discussed above. along with areas necessary to protect the and our confidence that these areas are, To further refine the boundaries, we relevant physical or biological features. or will be, utilized is lower. obtained the MaxEnt 3.3.3e species We circumscribed all habitats with We also used historical records in distribution model covering both the MaxEnt model output of 0.4 and greater some instances to include proximate Sierra Nevada yellow-legged frog and within utilized watersheds, but also watersheds that may or may not be the northern DPS of the mountain extended boundaries to include stream currently utilized within subareas of yellow-legged frog (CDFG 2011, pp. A– courses, ridges, or watershed boundaries high habitat quality as an index of the 1—A–5; Knapp, unpublished data). This where appropriate to protect the utility of habitat essential to the model utilizes 10 environmental relevant physical or biological features. conservation of the frogs. This variables that were selected based on The threshold value of 0.4 was utilized methodology was adopted to known physiological tolerances of the as an index for establishing the compensate for any uncertainties in our mountain yellow-legged frog and the historical range by Knapp, as it underlying scientific and site-specific Sierra Nevada yellow legged frog to incorporated most historical and current knowledge of ecological features that

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59069

indicate habitat quality. Unless We also identified all lakes and this final critical habitat designation. significant changes have occurred on streams slated for fish stocking by the These figures are conservative estimates the landscape, an unutilized site CDFW (CDFW unpubl. data). We for single season movement (from confirmed by surveys to have evaluated the list of areas proposed for empirical data, USFWS unpubl. data), historically supported frog populations the Statewide stocking program pending which may be used to approximate likely contains more of the physical or a final record of decision on the functional home range; are consistent biological features relative to one that Hatchery Operations Environmental with the 1.0-km distance used during has no historical records. Impact Statement/Report (ICF Jones and the California State Department of Fish Stokes, 2010). We looked at all those and Wildlife status evaluation (CDFW (4) Additional Criteria Applied to areas and further screened them to 2011) to define metapopulation Critical Habitat for Sierra Nevada identify only those outside and connectivity; and are currently the Yellow-Legged Frog intersecting a 3-km (1.9-mi) buffer to standard being implemented within While the MaxEnt 3.3.3e model was extant frog localities. ongoing consultations (USFWS 2014). an effective indicator of PCEs, and We then identified all areas that were This analysis was conducted in the useful in defining suitable habitat based brought up during the public comment context of the spatial and ecological on the physical or biological features periods (including agency comments) features of each critical habitat subunit required by the Sierra Nevada yellow- because they are subject to high levels and the conservation needs of the legged frog, Dr. Knapp informed us in of public consumptive uses (such as species. Although these areas do have peer review that the model was based cabins, resorts, angling, and other the PCEs reflecting the physical or on physical and ecological parameters recreational activities) or other biological features comprising critical as a historical model that does not significant habitat alteration. These are habitat, they are not being included in necessarily take into account current areas where, during our public comment this final critical habitat designation habitat conditions. Based on this periods, the commenter(s) identified, by because current habitat conditions were feedback, and in light of many name, locations that currently not reflected in our original habitat comments highlighting that such sites experience recreational use (including model. These areas were ultimately are degraded by water development and angling), have low habitat-restoration eliminated based on the criteria we used receive high public use (often being value, lack extant frogs, or are distanced for determining the boundaries of lower elevation reservoirs, which are from extant frogs. critical habitat. As a result of comments less optimal than high-elevation, ‘‘back There were many areas common to received during the public comment country’’ lakes and streams for frog each of the three evaluation groups period and peer review, we are now restoration), we determined it was above. We aggregated all sites identified considering current habitat conditions using the process above, and we necessary to apply additional criteria to and the restoration potential of these eliminated the duplicates. We evaluated re-evaluate whether these very low degraded habitats in light of the each area on a case-by-case basis to restoration potential areas in fact should recovery needs for Sierra Nevada determine whether it met the criteria for be included in the designation of critical yellow-legged frog. final designation. We analyzed the habitat for the Sierra Nevada yellow- A full list of sites we no longer overall impact that the absence of a legged frog. include in this critical habitat specific location would have on the designation appears in Table 2, below. It was first necessary to find a method conservation value of the of critical to objectively identify which areas have The areal extent of each site on the list habitat subunit in which it was located. is based on the high-water line for solely very low restoration potential. We used The analysis used the same ecological three factors to evaluate areas to the aquatic portion of the lake, reservoir, qualifications, based on the physical or or stream stretch. Additionally, unless determine which ones are characterized biological features essential to the by: (1) High public use and disturbance, explicitly indicated (by name) in Table conservation of the Sierra Nevada 2, the surrounding lands, waterways, or (2) water level fluctuations from yellow-legged frogs and the amount and reservoir management, and (3) a tributaries of each site on the list remain spatial arrangement of features needed in the final designation. Areas that are location where they are far removed in each subunit to meet the definition of not explicitly indicated by name in from extant frog metapopulations. Based critical habitat. Table 2 remain part of the final critical on these factors, we determined that If a site was intersecting, or within, a such areas would be poor candidates for 3-km (1.9-mi) buffer denoting proximity habitat designation. Interested parties restoration actions when other, better, to extant frog metapopulations, we with questions as to whether a opportunities exist in geographic applied additional weighting within our particular project lies within designated proximity. analysis using parameters such as: critical habitat for Sierra Nevada yellow- We identified all reservoirs that were Distance by land to the extant locality, legged frog within the immediate located close to paved roadways or distance by stream to the extant locality, proximity to one of the areas listed in populated areas and outside the overall habitat quantity and habitat Table 2 should contact the local expected, current, utilized range of quality (by MaxEnt 3.3.3e model) within jurisdictional field office of the Service extant Sierra Nevada yellow-legged frog that same subunit and in immediate to resolve uncertainty. populations. This included all proximity to the site under Yosemite Toad reservoirs within 1 km (0.62 mi) of a consideration for reevaluation, and paved roadway (TIGER/L shape files, number and spatial arrangement (1) Data Sources U.S. Census 2014) or populated area (density and overall dispersion) of other We obtained observational data from (ESRI Streetmap Premium for ArcGIS extant frog localities within that same the following sources to include in our 2013) that also have a dam (water subunit. We also factored in the relative GIS database for the Yosemite toad: (a) control feature within 10 m (33 ft) status of the particular genetic clade to Surveys of the National Parks within the (based on USGS National Hydrography which that subunit is associated. Sites range of the Yosemite toad, including Dams Dataset 2013)), and were greater that are within 500 m (1,640 ft) information collected by R. Knapp’s than 3 km (1.8 mi) from an extant frog overland, or 1 km (0.62 mi) via stream Sierra Lakes Inventory Project and G. locality. from an extant frog locality remain in Fellers; (b) survey data from each of the

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59070 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59071

We also used historical records as an habitat and the requirement of no physical or biological features and index of the utility of habitat essential adverse modification unless the specific support multiple life processes, while to the conservation of the Yosemite toad action would affect the physical or some segments contain only some to help compensate for any biological features in the adjacent elements of the physical or biological uncertainties in our underlying critical habitat. features necessary to support the scientific and site-specific knowledge of The critical habitat designation is species’ particular use of that habitat. It ecological features that indicate habitat defined by the map or maps, as is important to understand that not all quality, as we did for the frogs. modified by any accompanying PCEs are required to provide functional When determining critical habitat regulatory text, presented at the end of habitat. When trying to determine if any boundaries within this final rule, we this document in the Regulation specific areas or infrastructure are made every effort to avoid including Promulgation section. We include more excluded by narrative, it is best to developed areas such as lands covered detailed information on the boundaries discuss your particular project with the by buildings, pavement, and other of the critical habitat designation in the Fish and Wildlife Office of jurisdiction. structures because such lands lack preamble of this document. We will physical or biological features for the make the coordinates or plot points or Final Critical Habitat Designation Sierra Nevada yellow-legged frog, both on which each map is based northern DPS of the mountain yellow- available to the public on http:// Based on the above described criteria, legged frog, and Yosemite toad (i.e., www.regulations.gov at Docket No. we are designating 437,929 ha areas with none of the PCEs extant). The FWS–R8–ES–2012–0074, on our (1,082,147 ac) as critical habitat for the scale of the maps we prepared under the Internet site http://www.fws.gov/ Sierra Nevada yellow-legged frog (Table parameters for publication within the sacramento, and at the field office 1). This area represents approximately Code of Federal Regulations may not responsible for the designation (see FOR 18 percent of the historical range of the reflect the exclusion of such developed FURTHER INFORMATION CONTACT, above). species as estimated by Knapp lands. Any such lands inadvertently left Units are designated based on (unpublished data). All subunits inside critical habitat boundaries shown sufficient elements of physical or designated as critical habitat are on the maps of this final rule have been biological features being present to considered occupied (at the subunit excluded by text in the rule and are not support the life processes of the Sierra level) and include lands within Lassen, designated as critical habitat. Therefore, Nevada yellow-legged frog, the northern Plumas, Sierra, Nevada, Placer, El a Federal action involving these lands DPS of the mountain yellow-legged frog, Dorado, Amador, Calaveras, Alpine, will not trigger section 7 consultation or the Yosemite toad. Some units Tuolumne, Mono, Mariposa, Madera, under the Act with respect to critical contain all of the identified elements of Fresno, and Inyo Counties, California.

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

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

1A ...... Morris Lake ...... 1,079 2,665 1B ...... Bean Creek ...... 13,523 33,417 1C ...... Deanes Valley ...... 2,020 4,990 1D ...... Slate Creek ...... 2,688 6,641 2A ...... Boulder/Lone Rock Creeks ...... 4,500 11,119 2B ...... Gold Lake ...... 6,189 15,294 2C ...... Black Buttes ...... 55,057 136,049 2D ...... Five Lakes ...... 3,758 9,286 2E ...... Crystal Range ...... 33,406 82,548 2F ...... East Amador ...... 43,414 107,278 2G ...... North Stanislaus ...... 10,462 25,851 2H ...... Wells Peak ...... 11,711 28,939 2I ...... Emigrant Yosemite ...... 86,161 212,908 2J ...... Spiller Lake ...... 1,094 2,704 2K ...... Virginia Canyon ...... 891 2,203 2L ...... Register Creek ...... 838 2,070 2M ...... White Mountain ...... 8,416 20,796 2N ...... Unicorn Peak ...... 2,088 5,160 3A ...... Yosemite Central ...... 1,408 3,480 3B ...... Cathedral ...... 38,784 95,837 3C ...... Minarets ...... 3,090 7,636 3D ...... Mono Creek ...... 18,481 45,666 3E ...... Evolution/Le Conte ...... 87,136 215,318 3F ...... Pothole Lakes ...... 1,736 4,289

Total ...... 437,929 1,082,147

Following further evaluation (see certain areas formerly included within subtracted from the totals listed in Table Criteria Used To Identify Critical the proposed critical habitat designation 1). These areas are listed below. Habitat above), response to comments, (these removal areas are already and peer review, we are removing

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59072 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

TABLE 2—AREAS ELIMINATED FROM FINAL CRITICAL HABITAT DESIGNATION FOR THE SIERRA NEVADA YELLOW-LEGGED FROG BY CRITICAL HABITAT SUBUNIT 1

Areas meeting Areas removed the definition of from critical Subunit Specific critical habitat, habitat, in hectares in hectares (acres) (acres)

1A. Morris Lake ...... Unoccupied Watershed ...... 7,154 (17,677) 6,076 (15,012) 1B. Bean Creek ...... Bucks Lake ...... 14,224 (35,148) 700 (1,731) 2B. Gold Lake ...... Big Deer Lake, Long Lake, Packer Lake, Salmon Lakes (Upper 6,354 (15,702) 165 (408) and Lower), Sardine Lakes (Upper and Lower), Saxonia Lake, Smith Lake, Volcano Lake, Young America Lake. 2C. Black Buttes...... Bowman Reservoir, Cascade Lakes, Donner Euer Valley, 55,961 (138,283) 904 (2,234) Faucherie Lake, Ice Lakes, Independence Lake, Jackson Lake, Kidd Lake, Lake Angela, Lake Mary, Lake Van Norden, Lower Lola Montez Lake; Rock Lakes (Upper and Lower), Sawmill Lake, Spaulding Reservoir. 2E. Crystal Range ...... South Fork American River at Camp Sacramento, Buck Island 33,666 (83,191) 260 (643) Lake, Dark Lake, Echo Lakes (Upper and Lower), Rockbound Lake, Rubicon Reservoir, Wrights Lake. 2F. East Amador ...... Bear River Reservoirs (Upper and Lower), Caples Lake, Frog 44,047 (108,842) 633 (1,564) Lake, Kinney Reservoir, Kirkwood Lake, Woods Lake. 2G. North Stanislaus ...... Alpine Lake, Duck Creek North Fork Diversion Reservoir, Union 10,701 (26,444) 240 (593) Reservoir, Utica Reservoir. 2I. Emigrant Yosemite ...... Camp Lake, Hyatt Lake ...... 86,181 (212,958) 20 (50) 2M. White Mountain ...... Ellery Lake, South Fork Lee Vining Creek, Lee Vining Creek (Sad- 8,596 (21,242) 180 (446) dlebag Creek), Odell Lake, Saddlebag Lake, Steelhead Lake, Tioga Lake, Towser Lake. 3B. Cathedral ...... Gem Lake ...... 38,892 (96,104) 108 (267) 3D. Mono Creek ...... Rock Creek, Rock Creek Lake ...... 18,504 (45,723) 23 (57) 3E. Evolution/Leconte ...... Apollo Lake, Grass Lake, Lamarck Lakes (Upper and Lower), La- 87,239 (215,572) 103 (253) marck Creek, South Lake. 1 These areas were eliminated either because of erroneous occupancy records (subunit 1A) (no lake was removed) or because of very low re- covery potential due to highly fluctuating water levels, heavy recreational use, and distance from extant frogs (all other subunits).

We are designating 89,637 ha (221,498 approximately 19 percent of the as critical habitat are considered ac) as critical habitat for the northern historical range of the northern DPS of occupied (at the subunit level) and DPS of the mountain yellow-legged frog the mountain yellow-legged frog in the include lands within Fresno, Inyoand (Table 3). This area represents Sierra Nevada. All subunits designated Tulare Counties, California.

TABLE 3—DESIGNATED 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 7,846

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

We are designating 303,889 ha the historical range of the Yosemite toad and include lands within Alpine, (750,926 ac) as critical habitat for the in the Sierra Nevada. All units Tuolumne, Mono, Mariposa, Madera, Yosemite toad (Table 4). This area designated as critical habitat are Fresno, and Inyo Counties, California. represents approximately 28 percent of considered occupied (at the unit level)

TABLE 4—DESIGNATED 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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59073

TABLE 4—DESIGNATED CRITICAL HABITAT UNITS FOR THE YOSEMITE TOAD—Continued

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

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 designating 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 designate as critical habitat are listed habitat for the Sierra Nevada yellow- three major genetic clades (Vredenburg in Table 5, 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 5—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 ha Total Known Critical habitat subunit ha ha (ac) ha manageable (ac) (ac) (ac) threats 2

1A. Morris Lake ...... 1,079 0 0 1,079 1, 2, 3, 4, 5 (2,665) (0) (0) (2,665) 1B. Bean Creek ...... 12,464 0 1,060 13,523 1, 3, 4, 5 (30,798) (0) (2,619) (33,417) 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/Lone Rock Creeks ...... 3,953 0 547 4,500 1, 2, 3, 4, 5 (9,767) (0) (1,352) (11,119) 2B. Gold Lake ...... 5,488 0 702 6,189 1, 3, 4, 5 (13,561) (0) (1,734) (15,294) 2C. Black Buttes ...... 32,649 0 22,408 55,057 1, 2, 3, 4, 5 (80,678) (0) (55,371) (136,049) 2D. Five Lakes ...... 2,396 0 1,362 3,758 1, 4, 5 (5,921) (0) (3,365) (9,286) 2E. Crystal Range ...... 31,261 0 2,145 33,406 1, 2, 3, 5 (77,249) (0) (5,299) (82,548) 2F. East Amador ...... 40,140 56 3,218 43,414 1, 2, 3, 4, 5 (99,188) (138) (7,952) (107,278) 2G. North Stanislaus ...... 10,445 0 16 10,462 1, 2, 3, 4, 5 (25,811) (0) (41) (25,851) 2H. Wells Peak ...... 11,650 0 61 11,711 1, 3, 4, 5 (28,788) (0) (150) (28,939) 2I. Emigrant Yosemite ...... 86,089 *50 22 86,161 1, 3 (212,730) (*124) (54) (212,908) 2J. Spiller Lake ...... 1,094 0 0 1,094 1 (2,704) (0) (0) (2,704) 2K. Virginia Canyon ...... 891 0 0 891 1 (2,203) (0) (0) (2,203) 2L. Register Creek ...... 838 0 0 838 1 (2,070) (0) (0) (2,070) 2M. White Mountain ...... 8,366 0 49 8,416 1 (20,674) (0) (122) (20,796) 2N. Unicorn Peak ...... 2,088 0 0 2,088 1 (5,160) (0) (0) (5,160)

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59074 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

TABLE 5—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 ha Total Known Critical habitat subunit ha ha (ac) ha manageable (ac) (ac) (ac) threats 2

3A. Yosemite Central ...... 1,408 0 0 1,408 1 (3,480) (0) (0) (3,480) 3B. Cathedral ...... 38,784 0 0 38,784 1, 3 (95,837) (0) (0) (95,837) 3C. Minarets ...... 3,090 0 0 3,090 1, 5 (7,636) (0) (0) (7,636) 3D. Mono Creek ...... 18,481 0 0 18,481 1, 3, 5 (45,666) (0) (0) (45,666) 3E. Evolution/Leconte ...... 86,968 * 81 87 87,136 1, 3 (214,903) (* 200) (215) (215,318) 3F. Pothole Lakes ...... 1,735 0 1 1,736 1, 5 (4,286) (0) (2) (4,289)

Total ...... 405,578 56 (138) 32,165 437,929 (1,002,204) * 131 (79,481) (1,082,146) (* 324) Note: Area sizes may not sum due to rounding. 1 Area estimates in ha (ac) reflect the entire area within the designated 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. Inappropriate Grazing 4. Timber Harvest/Fuels Reduction 5. Recreation 3 Asterisks * signify local jurisdictional (County) lands and are presented for brevity in the same column with State jurisdiction lands.

We present brief descriptions of all Subunit 1A: Morris Lake south end by the Oroville Highway. units and reasons why they meet the The Morris Lake subunit consists of Land ownership within this subunit definition of critical habitat for the approximately 1,079 ha (2,665 ac), and consists of approximately 12,464 ha Sierra Nevada yellow-legged frog below. is located in Plumas County, California, (30,798 ac) of Federal land and 1,060 ha Each unit and subunit contains the approximately 4 km (2.5 mi) northwest (2,619 ac) of private land. The Bean physical or biological features essential of Highway 70. Land ownership within Creek subunit is located entirely within to the conservation of the Sierra Nevada this subunit consists entirely of Federal the boundaries of the Plumas National yellow-legged frog, which may require land within the Plumas National Forest. Forest. This subunit is considered to be special management considerations or This subunit is considered to be within within the geographical area occupied protection (see Special Management the geographical area occupied by the by the species at the time of listing and Considerations or Protection, above). species at the time of listing and contains the physical or biological contains the physical or biological features essential to the conservation of Unit 1: Sierra Nevada Yellow-Legged features essential to the conservation of the species, is currently functional Frog Clade 1 the species, is currently functional habitat sustaining frogs, and is needed habitat sustaining frogs, and is needed to provide for core surviving Unit 1 represents the northernmost to provide for core surviving populations and their unique genetic portion of the species’ range. It reflects populations and their unique genetic heritage. unique ecological features within the heritage. The physical or biological features range of the species, comprising The physical or biological features essential to the conservation of the populations that are stream-based. Unit essential to the conservation of the Sierra Nevada yellow-legged frog in the 1, including all subunits, is an essential Sierra Nevada yellow-legged frog in the Bean Creek subunit may require special component of the entirety of this critical Morris Lake subunit may require special management considerations or habitat designation due to the unique management considerations or protection due to the presence of genetic and geographic distribution this protection due to the presence of introduced fishes, inappropriate grazing unit encompasses. The frog populations introduced fishes, water diversions and activity, timber management and fuels within Clade 1 of the Sierra Nevada operations, inappropriate grazing reduction, and recreational activities. yellow-legged frog are at very low activity, timber management and fuels Subunit 1C: Deanes Valley numbers and face significant threats reduction, and recreational activities. from habitat fragmentation. The critical The Deanes Valley subunit consists of Subunit 1B: Bean Creek approximately 2,020 ha (4,990 ac) and is habitat within the unit is necessary to The Bean Creek subunit consists of located in Plumas County, California, sustain viable populations within Clade approximately 13,523 ha (33,417 ac). It approximately 5.7 km (3.6 mi) south of 1 of the Sierra Nevada yellow-legged is located in Plumas County, California, Buck’s Lake Road, 6.4 km (4 mi) east of frog, which are at very low abundances. approximately 3 km (1.9 mi) south of Big Creek Road, 7.5 km (4.7 mi) west of Unit 1 is crucial to the species for range Highway 70 near the intersection with Quincy-LaPorte Road, and 3.5 km (2.2 expansion and recovery. Caribou Road, and it is bisected on the mi) north of the Middle Fork Feather

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59075

River. Land ownership within this genetic and geographic distribution this (13,561 ac) of Federal land and 702 ha subunit consists of approximately 1,962 unit encompasses. The frog populations (1,734 ac) of private land. The Gold ha (4,847 ac) of Federal land and 58 ha within Clade 2 of the Sierra Nevada Lake subunit is located within the (143 ac) of private land. The Deanes yellow-legged frog distribution are at Plumas and Tahoe National Forests. Valley subunit is located entirely within very low to intermediate abundance and This subunit is considered to be within the boundaries of the Plumas National face significant threats from habitat the geographical area occupied by the Forest. This subunit is considered to be fragmentation resulting from the species at the time of listing, and it within the geographical area occupied introduction of fish. The critical habitat contains the physical or biological by the species at the time of listing, and within the unit is necessary to sustain features essential to the conservation of it contains the physical or biological viable populations within Clade 2 of the the species, is currently functional features essential to the conservation of Sierra Nevada yellow-legged frog, which habitat sustaining frogs, and is needed the species, is currently functional are at very low to intermediate to provide for core surviving habitat sustaining frogs, and is needed abundances. Unit 2 is crucial to the populations and their unique genetic to provide for core surviving species for range expansion and heritage. populations and their unique genetic recovery. The physical or biological features heritage. essential to the conservation of the The physical or biological features Subunit 2A: Boulder/Lone Rock Creeks Sierra Nevada yellow-legged frog in the essential to the conservation of the The Boulder/Lone Rock Creeks Gold Lake subunit may require special Sierra Nevada yellow-legged frog in the subunit consists of approximately 4,500 management considerations or Deanes Valley subunit may require ha (11,119 ac), and is located in Plumas protection due to introduced fishes, special management considerations or and Lassen Counties, California, inappropriate grazing activity, timber protection due to inappropriate grazing between 8 km (5 mi) and 18 km (11.3 management and fuels reduction, and activity, timber management and fuels mi) west of Highway 395 near the recreational activities. reduction, and recreational activities. county line along Wingfield Road. Land ownership within this subunit consists Subunit 2C: Black Buttes Subunit 1D: Slate Creek of approximately 3,953 ha (9,767 ac) of The Black Buttes subunit consists of The Slate Creek subunit consists of Federal land and 547 ha (1,352 ac) of approximately 55,057 ha (136,049 ac), approximately 2,688 ha (6,641 ac), and private land. Subunit 2A includes and spans from Sierra County through is located in Plumas and Sierra Antelope Lake (which receives two Nevada County into Placer County, Counties, California, approximately 0.7 creeks as its northwestern headwaters), California. It is 8.5 km (5.3 mi) west of km (0.4 mi) east of the town of LaPorte, and these water bodies provide Highway 89, and 3.7 km (2.3 mi) north and 2.5 km (1.6 mi) southwest of the connectivity for both main areas within of the North Fork American River, and west branch of Canyon Creek. Land the subunit. The Boulder/Lone Rock is bisected on the south by Highway 80. ownership within this subunit consists Creeks subunit is located predominantly Land ownership within this subunit of approximately 2,259 ha (5,581 ac) of within the boundaries of the Plumas consists of approximately 32,649 ha Federal land and 429 ha (1,060 ac) of National Forest, with some area lying (80,678 ac) of Federal land and 22,408 private land. The Slate Creek subunit is within the Lassen National Forest. This ha (55,371 ac) of private land. The Black located entirely within the boundaries subunit is considered to be within the Buttes subunit is located entirely within of the Plumas National Forest. This geographical area occupied by the the boundaries of the Tahoe National subunit is considered to be within the species at the time of listing, and it Forest. This subunit is considered to be geographical area occupied by the contains the physical or biological within the geographical area occupied species at the time of listing and features essential to the conservation of by the species at the time of listing, and contains the physical or biological the species, is currently functional it contains the physical or biological features essential to the conservation of habitat sustaining frogs, and is needed features essential to the conservation of the species, is currently functional to provide for core surviving the species, is currently functional habitat sustaining frogs, and is needed populations and their unique genetic habitat sustaining frogs, and is needed to provide for core surviving heritage. to provide for core surviving populations and their unique genetic The physical or biological features populations and their unique genetic heritage. essential to the conservation of the heritage. The physical or biological features Sierra Nevada yellow-legged frog in the The physical or biological features essential to the conservation of the Boulder/Lone Rock Creeks subunit may essential to the conservation of the Sierra Nevada yellow-legged frog in the require special management Sierra Nevada yellow-legged frog in the Slate Creek subunit may require special considerations or protection due to the Black Buttes subunit may require management considerations or presence of introduced fishes, water special management considerations or protection due to inappropriate grazing diversions and operations, protection due to the presence of activity, timber management and fuels inappropriate grazing activity, timber introduced fishes, water diversions and reduction, and recreational activities. management and fuels reduction, and operations, inappropriate grazing recreational activities. activity, timber management and fuels Unit 2: Sierra Nevada Yellow-Legged reduction, and recreational activities. Frog Clade 2 Subunit 2B: Gold Lake This unit represents a significant The Gold Lake subunit consists of Subunit 2D: Five Lakes fraction of the Sierra Nevada yellow- approximately 6,189 ha (15,294 ac), and The Five Lakes subunit consists of legged frog’s range, and it reflects is located in Plumas and Sierra approximately 3,758 ha (9,286 ac), and unique ecological features within the Counties, California, approximately 8.7 is located in the eastern portion of range by comprising populations that km (5.4 mi) south of Highway 70, and Placer County, California, are both stream- and lake-based. Unit 2, 4.4 km (2.75 mi) north of Highway 49, approximately 2 km (1.25 mi) west of including all subunits, is an essential along Gold Lake Highway to the east. Highway 89 and 12.3 km (7.7 mi) east component of the entirety of this critical Land ownership within this subunit of Foresthill Road. Land ownership habitat designation due to the unique consists of approximately 5,488 ha within this subunit consists of

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59076 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

approximately 2,396 ha (5,921 ac) of Amador subunit is roughly bounded on Subunit 2H: Wells Peak Federal land and 1,362 ha (3,365 ac) of the northwest by Highway 88, and on The Wells Peak subunit consists of private land. The Five Lakes subunit is the southeast by Highway 4. Land approximately 11,711 ha (28,939 ac), located entirely within the boundaries ownership within this subunit consists and is located in Alpine, Mono, and of the Tahoe National Forest, including of approximately 40,140 ha (99,188 ac) Tuolumne Counties, California, area within the Granite Chief of Federal land, 56 ha (138 ac) of State approximately 6.4 km (4 mi) west of Wilderness. This subunit is considered land, and 3,218 ha (7,952 ac) of private Highway 395, and bounded by Highway to be within the geographical area land. The East Amador subunit includes 108 on the south. Land ownership occupied by the species at the time of areas within the Eldorado, Stanislaus, within this subunit consists of listing, and it contains the physical or and Humboldt-Toiyabe National approximately 11,650 ha (28,788 ac) of biological features essential to the Forests, and areas within the Emigrant Federal land and 61 ha (150 ac) of conservation of the species, is currently Wilderness. This subunit is considered private land. Federal holdings within functional habitat sustaining frogs, and to be within the geographical area the Wells Peak subunit are within the is needed to provide for core surviving occupied by the species at the time of Humboldt-Toiyabe and Stanislaus populations and their unique genetic listing, and it contains the physical or National Forests, and the Carson-Iceberg heritage. biological features essential to the and Emigrant Wilderness Areas. This The physical or biological features conservation of the species, is currently subunit is considered to be within the essential to the conservation of the functional habitat sustaining frogs, and geographical area occupied by the Sierra Nevada yellow-legged frog in the is needed to provide for core surviving Five Lakes subunit may require special populations and their unique genetic species at the time of listing, and it management considerations or heritage. contains the physical or biological protection due to the presence of The physical or biological features features essential to the conservation of introduced fishes, timber management essential to the conservation of the the species, is currently functional and fuels reduction, and recreational Sierra Nevada yellow-legged frog in the habitat sustaining frogs, and is needed activities. East Amador subunit may require to provide for core surviving special management considerations or populations and their unique genetic Subunit 2E: Crystal Range protection due to the presence of heritage. The Crystal Range subunit consists of introduced fishes, water diversions and The physical or biological features approximately 33,406 ha (82,548 ac), operations, inappropriate grazing essential to the conservation of the and is located primarily in El Dorado activity, timber management and fuels Sierra Nevada yellow-legged frog in the and Placer Counties, California, reduction, and recreational activities. Wells Peak subunit may require special approximately 3.8 km (2.4 mi) west of management considerations or Highway 89, bounded on the south by Subunit 2G: North Stanislaus protection due to introduced fishes, Highway 50, and 7 km (4.4 mi) east of The North Stanislaus subunit consists inappropriate grazing activity, timber Ice House Road. The Crystal Range of approximately 10,462 ha (25,851 ac), management and fuels reduction, and subunit includes portions of the and is located in Alpine, Tuolumne, and recreational activities. Desolation Wilderness. Land ownership Calaveras Counties, California. It is Subunit 2I: Emigrant Yosemite within this subunit consists of south of the North Fork Mokelumne approximately 31,261 ha (77,249 ac) of River, and is bisected by Highway 4, The Emigrant Yosemite subunit Federal land and 2,145 ha (5,299 ac) of which traverses the unit from southwest consists of approximately 86,161 ha private land. The Crystal Range subunit to northeast. Land ownership within (212,908 ac), and is located in includes areas within the Eldorado and this subunit consists of approximately Tuolumne and Mono Counties, Tahoe National Forests and also the 10,445 ha (25,811 ac) of Federal land California, approximately 11 km (6.9 Lake Tahoe Basin Management Unit. and 16 ha (41 ac) of private land. The mi) south of Highway 108 and 7.4 km This subunit is considered to be within North Stanislaus subunit is located (4.6 mi) north of Hetch Hetchy the geographical area occupied by the entirely within the boundaries of the Reservoir. Land ownership within this species at the time of listing, and it Stanislaus National Forest, the subunit consists of approximately contains the physical or biological Mokelumne Wilderness and Carson- 86,089 ha (212,730 ac) of Federal land, features essential to the conservation of Iceberg Wilderness. This subunit is 50 ha (124 ac) of local jurisdiction the species, is currently functional considered to be within the lands, and 22 ha (54 ac) of private land. habitat sustaining frogs, and is needed geographical area occupied by the The Emigrant Yosemite subunit is to provide for core surviving species at the time of listing, and it predominantly in Yosemite National populations and their unique genetic contains the physical or biological Park and the Stanislaus and Humboldt- heritage. features essential to the conservation of Toiyabe National Forests, including The physical or biological features the species, is currently functional lands within the Emigrant and Hoover essential to the conservation of the habitat sustaining frogs, and is needed Wilderness Areas. This subunit is Sierra Nevada yellow-legged frog in the to provide for core surviving considered to be within the Crystal Range subunit may require populations and their unique genetic geographical area occupied by the special management considerations or heritage. species at the time of listing, and it protection due to the presence of The physical or biological features contains the physical or biological introduced fishes, water diversions and essential to the conservation of the features essential to the conservation of operations, inappropriate grazing Sierra Nevada yellow-legged frog in the the species, is currently functional activity, and recreational activities. North Stanislaus subunit may require habitat sustaining frogs, and is needed special management considerations or to provide for core surviving Subunit 2F: East Amador protection due to the presence of populations and their unique genetic The East Amador subunit consists of introduced fishes, water diversions and heritage. approximately 43,414 ha (107,278 ac), operations, inappropriate grazing The physical or biological features and is located in Amador, Alpine, and activity, timber management and fuels essential to the conservation of the El Dorado Counties, California. The East reduction, and recreational activities. Sierra Nevada yellow-legged frog in the

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59077

Emigrant Yosemite subunit may require of Federal land, all located within to provide for core surviving special management considerations or Yosemite National Park. This subunit is populations and their unique genetic protection due to the presence of considered to be within the heritage. introduced fishes and inappropriate geographical area occupied by the The physical or biological features grazing activity. species at the time of listing, and it essential to the conservation of the contains the physical or biological Sierra Nevada yellow-legged frog in the Subunit 2J: Spiller Lake features essential to the conservation of Unicorn Peak subunit may require The Spiller Lake subunit consists of the species, is currently functional special management considerations or approximately 1,094 ha (2,704 ac), and habitat sustaining frogs, and is needed protection due to fish persistence. is located in Tuolumne County, to provide for core surviving Unit 3: Sierra Nevada Yellow-Legged California, approximately 1.2 km (0.75 populations and their unique genetic Frog Clade 3 mi) west of Summit Lake. The Spiller heritage. Lake subunit consists entirely of Federal The physical or biological features This unit represents a significant land, all located within Yosemite essential to the conservation of the portion of the species’ range, and it National Park. This subunit is Sierra Nevada yellow-legged frog in the reflects a core conservation area considered to be within the Register Creek subunit may require comprising the most robust remaining geographical area occupied by the special management considerations or populations at higher densities (closer species at the time of listing, and it protection due to fish persistence. proximity) across the species’ range. contains the physical or biological Unit 3, including all subunits, is an Subunit 2M: White Mountain features essential to the conservation of essential component of the entirety of the species, is currently functional The White Mountain subunit consists this critical habitat designation due to habitat sustaining frogs, and is needed of approximately 8,416 ha (20,796 ac), the unique genetic and distributional to provide for core surviving and is located in Tuolumne and Mono area this unit encompasses. The frog populations and their unique genetic Counties, California, approximately 12.4 populations within Clade 3 of the Sierra heritage. km (7.75 mi) west of Highway 395, and Nevada yellow-legged frog distribution The physical or biological features is intersected on the southeast boundary face significant threats from habitat essential to the conservation of the by Tioga Pass Road (Highway 120). fragmentation. The critical habitat Sierra Nevada yellow-legged frog in the Land ownership within this subunit within the Unit is necessary to sustain Spiller Lake subunit may require special consists of approximately 8,366 ha viable populations within Clade 3 of the management considerations or (20,674 ac) of Federal land and 49 ha Sierra Nevada yellow-legged frog, which protection due to fish persistence. (122 ac) of private land. The White are at very low abundances. Unit 3 is Mountain subunit is predominantly crucial to the species for range Subunit 2K: Virginia Canyon located within Yosemite National Park expansion and recovery. The Virginia Canyon subunit consists and Inyo National Forest, with area of approximately 891 ha (2,203 ac), and located within the Hoover Wilderness. Subunit 3A: Yosemite Central is located in Tuolumne County, This subunit is considered to be within The Yosemite Central subunit consists California, approximately 4.3 km (2.7 the geographical area occupied by the of approximately 1,408 ha (3,480 ac), mi) southwest of Spiller Lake, and species at the time of listing, and it and is located in Mariposa County, roughly bounded on the east by Return contains the physical or biological California, approximately 4 km (2.5 mi) Creek. The Virginia Canyon subunit features essential to the conservation of northwest of Tioga Pass Road (Highway consists entirely of Federal land, all the species, is currently functional 120) in the heart of Yosemite National located within Yosemite National Park. habitat sustaining frogs, and is needed Park. The Yosemite Central subunit This subunit is considered to be within to provide for core surviving consists entirely of Federal lands within the geographical area occupied by the populations and their unique genetic Yosemite National Park. This subunit is species at the time of listing, and it heritage. considered to be within the contains the physical or biological The physical or biological features geographical area occupied by the features essential to the conservation of essential to the conservation of the species at the time of listing, and it the species, is currently functional Sierra Nevada yellow-legged frog in the contains the physical or biological habitat sustaining frogs, and is needed White Mountain subunit may require features essential to the conservation of to provide for core surviving special management considerations or the species, is currently functional populations and their unique genetic protection due to fish persistence. habitat sustaining frogs, and is needed heritage. Subunit 2N: Unicorn Peak to provide for core surviving The physical or biological features populations and their unique genetic essential to the conservation of the The Unicorn Peak subunit consists of heritage. Sierra Nevada yellow-legged frog in the approximately 2,088 ha (5,160 ac), and The physical or biological features Virginia Canyon subunit may require is located in Tuolumne County, essential to the conservation of the special management considerations or California, and is intersected from east Sierra Nevada yellow-legged frog in the protection due to fish persistence. to west on its northern boundary by Yosemite Central subunit may require Tioga Pass Road (Highway 120). The special management considerations or Subunit 2L: Register Creek Unicorn Peak subunit consists entirely protection due to fish persistence. The Register Creek subunit consists of of Federal land, all within Yosemite approximately 838 ha (2,070 ac), and is National Park. This subunit is Subunit 3B: Cathedral located in Tuolumne County, California, considered to be within the The Cathedral subunit consists of approximately 1.2 km (0.75 mi) west of geographical area occupied by the approximately 38,784 ha (95,837 ac), Regulation Creek, with Register Creek species at the time of listing, and it and is located in Mariposa, Madera, intersecting the subunit on the contains the physical or biological Mono, and Tuolumne Counties, southwest end and running along the features essential to the conservation of California, approximately 15.6 km (9.75 eastern portion to the north. The the species, is currently functional mi) west of Highway 395 and 9.4 km Register Creek subunit consists entirely habitat sustaining frogs, and is needed (5.9 mi) south of Highway 120. The

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59078 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

Cathedral subunit consists entirely of the Sierra and Inyo National Forests, approximately 13.1 km (8.2 mi) west of Federal land, including lands in including area within the John Muir Highway 395. Land ownership within Yosemite National Park, the Inyo Wilderness. This subunit is considered this subunit consists of approximately National Forest, and an area within the to be within the geographical area 1,735 ha (4,286 ac) of Federal land and Ansel Adams Wilderness. This subunit occupied by the species at the time of 1 ha (2 ac) of private land. The Pothole is considered to be within the listing, and it contains the physical or Lakes subunit is almost entirely located geographical area occupied by the biological features essential to the within the Inyo National Forest. This species at the time of listing, and it conservation of the species, is currently subunit is considered to be within the contains the physical or biological functional habitat sustaining frogs, and geographical area occupied by the features essential to the conservation of is needed to provide for core surviving species at the time of listing, and it the species, is currently functional populations and their unique genetic contains the physical or biological habitat sustaining frogs, and is needed heritage. to provide for core surviving The physical or biological features features essential to the conservation of populations and their unique genetic essential to the conservation of the the species, is currently functional heritage. Sierra Nevada yellow-legged frog in the habitat sustaining frogs, and is needed The physical or biological features Mono Creek subunit may require special to provide for core surviving essential to the conservation of the management considerations or populations and their unique genetic Sierra Nevada yellow-legged frog in the protection due to the presence of heritage. Cathedral subunit may require special introduced fishes, inappropriate grazing The physical or biological features management considerations or activity, and recreational activities. essential to the conservation of the protection due to the presence of Subunit 3E: Evolution/Leconte Sierra Nevada yellow-legged frog in the introduced fishes and inappropriate Pothole Lakes subunit may require grazing activity. The Evolution/Leconte subunit consists of approximately 87,136 ha special management considerations or Subunit 3C: Minarets (215,318 ac), and is located in Fresno protection due to the presence of The Minarets subunit consists of and Inyo Counties, California, introduced fishes and recreational approximately 3,090 ha (7,636 ac), and approximately 12.5 km (7.8 mi) activities. is located in Madera County, California, southwest of Highway 395. Land Northern DPS of the Mountain Yellow- approximately 5.4 km (3.4 mi) ownership within this subunit consists Legged Frog southwest of Highway 203. The of approximately 86,968 ha (214,903 ac) Minarets subunit consists entirely of of Federal land, 81 ha (200 ac) of local We are designating two units and Federal land located within the Inyo jurisdictional lands, and 87 ha (215 ac) seven subunits as critical habitat for the National Forest. This subunit is of private land. The Evolution/Leconte northern DPS of the mountain yellow- considered to be within the subunit is predominantly within the legged frog. The critical habitat areas we geographical area occupied by the Sierra and Inyo National Forests, describe below constitute our current species at the time of listing, and it including area within the John Muir best assessment of areas that meet the contains the physical or biological Wilderness, and Kings Canyon National definition of critical habitat for the features essential to the conservation of Park. This subunit is considered to be northern DPS of the mountain yellow- the species, is currently functional within the geographical area occupied legged frog. Units are named after the habitat sustaining frogs, and is needed by the species at the time of listing, and to provide for core surviving it contains the physical or biological major genetic clades (Vredenburg et al. populations and their unique genetic features essential to the conservation of 2007, p. 361), of which three exist heritage. the species, is currently functional rangewide for the mountain yellow- The physical or biological features habitat sustaining frogs, and is needed legged frog, and two are within the essential to the conservation of the to provide for core surviving northern DPS of the mountain yellow- Sierra Nevada yellow-legged frog in the populations and their unique genetic legged frog in the Sierra Nevada. Minarets subunit may require special heritage. Distinct units within each clade are management considerations or The physical or biological features designated as subunits. Unit protection due to the presence of essential to the conservation of the designations begin numbering introduced fishes and recreational Sierra Nevada yellow-legged frog in the sequentially, following the three units activities. Evolution/Leconte subunit may require already designated on September 14, special management considerations or Subunit 3D: Mono Creek 2006, for the southern DPS of the protection due to the presence of mountain yellow-legged frog (71 FR The Mono Creek subunit consists of introduced fishes and inappropriate 54344). The seven subunits we approximately 18,481 ha (45,666 ac), grazing activity. designate as critical habitat are listed in and is located in Fresno and Inyo Counties, California, approximately 16 Subunit 3F: Pothole Lakes Table 6 and are, based on the best km (10 mi) southwest of Highway 395. The Pothole Lakes subunit consists of available scientific and commercial The Mono Creek subunit consists approximately 1,736 ha (4,289 ac), and information, currently occupied. entirely of Federal land located within is located in Inyo County, California,

TABLE 6—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

Known Federal Private Total 1 Critical habitat unit Ha (Ac) Ha (Ac) Ha (Ac) manageable threats 2

4A. Frypan Meadows ...... 1,585 (3,917) 0 (0) 1,585 (3,917) 1

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59079

TABLE 6—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—Con- tinued

1 Known Federal Private Total manageable Critical habitat unit Ha (Ac) Ha (Ac) Ha (Ac) threats 2

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

Total ...... 89,627 10 (24) 89,637 (221,474) (221,498) Note: Area sizes may not sum due to rounding. 1 Area estimates in ha (ac) reflect the entire area within the designated 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. Inappropriate Grazing 4. Timber Harvest/Fuels Reduction 5. Recreation

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59080 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59081

TABLE 7—CRITICAL HABITAT UNITS FOR THE YOSEMITE TOAD (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 Threats 2 Critical habitat unit (Ac) (Ac) (Ac)

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

Total ...... 302,118 1,771 303,889 (746,551) (4,376) (750,927) Note: Area sizes may not sum due to rounding. 1 Area estimates in ha (ac) reflect the entire area within the designated 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. Water Diversions 2. Inappropriate Grazing 3. Timber Harvest/Fuels Reduction 4. Recreation 5. Climate Change 6. Disease and Predation (threats of uncertain magnitude)

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59082 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

predation, and climate change. Climate species. This unit contains a high the extent and magnitude of these change is not considered a manageable concentration of Yosemite toad breeding particular stressors. threat. The need for special management locations, is located in a relatively Unit 5: Tuolumne Meadows/Cathedral considerations or protection due to pristine ecological setting, and disease and predation is currently represents a variety of habitat types This unit consists of approximately undefined due to uncertainty regarding utilized by the species. The Rogers 56,530 ha (139,688 ac), and is located the extent and magnitude of these Meadow unit is an essential component within Tuolumne, Mono, Mariposa, and particular stressors. of the entirety of this critical habitat Madera Counties, California, both north and south of Highway 120. Land Unit 2: Leavitt Lake/Emigrant designation because it provides continuity of habitat between adjacent ownership within this unit consists of This unit consists of approximately units as well as providing for a variety approximately 56,477 ha (139,557 ac) of 30,803 ha (76,115 ac), and is located of habitat types necessary to sustain Federal land and 53 ha (131 ac) of near the border of Alpine, Tuolumne, Yosemite toad populations under private land. The Tuolumne Meadows/ and Mono Counties, California, various climate regimes. This unit has Cathedral unit is predominantly within predominantly south of Highway 108. no manageable threats (note that the Inyo National Forest, with area Land ownership within this unit disease, predation, and climate change within the Hoover Wilderness and consists of approximately 30,789 ha are not considered manageable threats). Yosemite National Park. This unit is (76,081 ac) of Federal land and 13 ha However, the physical or biological currently occupied and contains the (33 ac) of private land. The Leavitt Lake/ features with this unit require special physical or biological features essential Emigrant unit is predominantly within protection because of the unit’s value as to the conservation of the species. This the Stanislaus and Humboldt-Toiyabe occupied habitat that provides unit contains a high concentration of National Forests, including lands within geographic connectivity to allow for Yosemite toad breeding locations, the Emigrant and Hoover Wilderness Yosemite toad metapopulation represents a variety of habitat types Areas, and Yosemite National Park. This persistence and resilience across the utilized by the species, has high genetic unit is currently occupied and contains landscape to changing climate. variability, and, due to the long-term the physical or biological features occupancy of this unit, is considered an essential to the conservation of the Unit 4: Hoover Lakes essential locality for Yosemite toad species. This unit is considered populations. The Tuolumne Meadows/ This unit consists of approximately essential to the conservation of the Cathedral unit is an essential 2,303 ha (5,690 ac) of Federal land species because it contains a high component of the entirety of this critical located entirely within the Inyo and concentration of Yosemite toad breeding habitat designation because it provides Humboldt-Toiyabe National Forests, locations and represents a variety of continuity of habitat between adjacent including area within the Hoover habitat types utilized by the species. units, as well as providing for a variety Wilderness and Yosemite National Park. The Leavitt Lake/Emigrant unit provides of habitat types necessary to sustain continuity of habitat between adjacent The Hoover Lakes unit is located along Yosemite toad populations under units, as well as providing for a variety the border of Mono and Tuolumne various climate regimes. of habitat types necessary to sustain Counties, California, east of Highway The physical or biological features Yosemite toad populations under a 395. This unit is currently occupied and essential to the conservation of the variety of climate regimes. contains the physical or biological Yosemite toad in the Tuolumne The physical or biological features features essential to the conservation of Meadows/Cathedral unit may require essential to the conservation of the the species. This unit contains Yosemite special management considerations or Yosemite toad in the Leavitt Lake/ toad populations with a high degree of protection due to recreational activities. Emigrant unit may require special genetic variability east of the Sierra crest This unit also has threats due to disease, management considerations or within the central portion of the species’ predation, and climate change. Climate protection due to inappropriate grazing range. This unit contains habitats that change is not considered a manageable and recreational activities. This unit are important to the Yosemite toad threat. The need for special management also has threats due to disease, facing an uncertain climate future. The considerations or protection due to predation, and climate change. Climate Hoover Lakes unit is an essential disease and predation is currently change is not considered a manageable component of the entirety of this critical undefined due to uncertainty regarding threat. The need for special management habitat designation because it provides the extent and magnitude of these considerations or protection due to a continuity of habitat between adjacent particular stressors. disease and predation is currently units, provides for the maintenance of Unit 6: McSwain Meadows undefined due to uncertainty regarding genetic variation, and provides habitat the extent and magnitude of these types necessary to sustain Yosemite This unit consists of approximately particular stressors. toad populations under various climate 6,472 ha (15,992 ac) of Federal land regimes. located entirely within Yosemite Unit 3: Rogers Meadow The physical or biological features National Park. The McSwain Meadows This unit consists of approximately essential to the conservation of unit is located along the border of 11,797 ha (29,150 ac) of Federal land Yosemite toad in the Hoover Lakes unit Tuolumne and Mariposa Counties, located entirely within Humboldt- may require special management California, north and south of Highway Toiyabe National Forest, including area considerations or protection due to 120 in the vicinity of Yosemite Creek. within the Hoover Wilderness and recreational activities. This unit also has This unit is currently occupied and Yosemite National Park. The Rogers threats due to disease, predation, and contains the physical or biological Meadow unit is located along the border climate change. Climate change is not features essential to the conservation of of Tuolumne and Mono Counties, considered a manageable threat. The the species. This contains Yosemite toad California, north of Highway 120. This need for special management populations located at the western edge unit is currently occupied and contains considerations or protection due to of the range of the species within the the physical or biological features disease and predation is currently central region of its geographic essential to the conservation of the undefined due to uncertainty regarding distribution. This area contains a

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59083

concentration of Yosemite toad undefined due to uncertainty regarding unit is an essential component of the localities, as well as representing a wide the extent and magnitude of these entirety of this critical habitat variety of habitat types utilized by the particular stressors. designation because it provides species. This unit contains habitats that continuity of habitat between adjacent Unit 8: Westfall Meadows are essential to the Yosemite toad facing units, specifically east-west an uncertain climate future. The This unit consists of approximately connectivity, as well as habitat types McSwain Meadows unit is an essential 1,859 ha (4,594 ac) of Federal land necessary to sustain Yosemite toad component of the entirety of this critical located entirely within Yosemite populations under various climate habitat designation because it provides National Park. The Westfall Meadows regimes. a unique geographic distribution and unit is located within Mariposa County, The physical or biological features variation in habitat types necessary to California, along Glacier Point Road. essential to the conservation of the sustain Yosemite toad populations This unit is currently occupied and Yosemite toad in the Triple Peak unit under various climate regimes. contains the physical or biological may require special management The physical or biological features features essential to the conservation of considerations or protection due to essential to the conservation of the species. The Westfall Meadows unit recreational activities. Yosemite toad in the McSwain contains Yosemite toad populations This unit also has threats due to Meadows unit may require special located at the western edge of the disease, predation, and climate change. management considerations or species’ range within the central region Climate change is not considered a protection due to recreational activities. of its geographic distribution, and south manageable threat. The need for special This unit also has threats due to disease, of the Merced River. Given that the management considerations or predation, and climate change. Climate Merced River acts as a dispersal barrier protection due to disease and predation change is not considered a manageable in this portion of Yosemite National is currently undefined due to threat. The need for special management Park, it is unlikely that there is genetic uncertainty regarding the extent and considerations or protection due to exchange between Unit 8 and Unit 6; magnitude of these particular stressors. disease and predation is currently thus Unit 8 represents an important undefined due to uncertainty regarding geographic and genetic distribution of Unit 10: Chilnualna the extent and magnitude of these the species essential to conservation. This unit consists of approximately particular stressors. This unit contains habitats essential to 6,212 ha (15,351 ac) of Federal land the conservation of the Yosemite toad, located entirely within Yosemite Unit 7: Porcupine Flat which faces an uncertain climate future. National Park. The Chilnualna unit is This unit consists of approximately Unit 8 is an essential component of the located within Mariposa and Madera 1,701 ha (4,204 ac) of Federal land entirety of this critical habitat Counties, California, north of the South located entirely within Yosemite designation because it provides a Fork Merced River. This unit is National Park. The Porcupine Flat unit unique geographic distribution and currently occupied and contains the is located within Mariposa County, variation in habitat types necessary to physical or biological features essential California, north and south of Highway sustain Yosemite toad populations to the conservation of the species. This 120 and east of Yosemite Creek. This under various climate regimes. unit contains a high concentration of unit is currently occupied and contains The physical or biological features Yosemite toad breeding locations and the physical or biological features essential to the conservation of the represents a variety of habitat types essential to the conservation of the Yosemite toad in the Westfall Meadows utilized by the species. The Chilnualna species. This unit contains a unit may require special management Unit is an essential component of the concentration of Yosemite toad considerations or protection due to entirety of this critical habitat localities in proximity to the western recreational activities. designation because it provides edge of the species’ range within the This unit also has threats due to continuity of habitat between adjacent central region of its geographic disease, predation, and climate change. units, as well as habitat types necessary distribution and provides a wide variety Climate change is not considered a to sustain Yosemite toad populations of habitat types utilized by the species. manageable threat. The need for special under various climate regimes. The Porcupine Flat unit is an essential management considerations or The physical or biological features component of the entirety of this critical protection due to disease and predation essential to the conservation of the habitat designation due to its proximity is currently undefined due to Yosemite toad in the Chilnualna unit to Unit 6, which allows Unit 7 to uncertainty regarding the extent and may require special management provide continuity of habitat between magnitude of these particular stressors. considerations or protection due to Units 5 and 6, and its geographic Unit 9: Triple Peak recreational activities. distribution and variation in habitat This unit also has threats due to types necessary to sustain Yosemite This unit consists of approximately disease, predation, and climate change. toad populations under various climate 4,377 ha (10,816 ac) of Federal land Climate change is not considered a regimes. located entirely within the Sierra manageable threat. The need for special The physical or biological features National Forest and Yosemite National management considerations or essential to the conservation of the Park. The Triple Peak unit is located protection due to disease and predation Yosemite toad in the Porcupine Flat within Madera County, California, is currently undefined due to unit may require special management between the Merced River and the uncertainty regarding the extent and considerations or protection due to South Fork Merced River. This unit is magnitude of these particular stressors. recreational activities. This unit also has currently occupied and contains the threats due to disease, predation, and physical or biological features essential Unit 11: Iron Mountain climate change. Climate change is not to the conservation of the species. This This unit consists of approximately considered a manageable threat. The unit contains a high concentration of 7,706 ha (19,043 ac), and is located need for special management Yosemite toad breeding locations and within Madera County, California, south considerations or protection due to represents a variety of habitat types of the South Fork Merced River. Land disease and predation is currently utilized by the species. The Triple Peak ownership within this unit consists of

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59084 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

approximately 7,404 ha (18,296 ac) of The physical or biological features Federal land and 308 ha (761 ac) of Federal land and 302 ha (747 ac) of essential to the conservation of the private land. The Kaiser/Dusy unit is private land. The Iron Mountain unit is Yosemite toad in the Silver Divide unit predominantly within the Sierra predominantly within the Sierra may require special management National Forest. This unit is currently National Forest and Yosemite National considerations or protection due to occupied and contains the physical or Park. This unit is currently occupied inappropriate grazing and recreational biological features essential to the and contains the physical or biological activities. This unit also has threats due conservation of the species. This unit features essential to the conservation of to disease, predation, and climate contains a high concentration of the species. This unit contains a high change. Climate change is not Yosemite toad breeding locations, concentration of Yosemite toad breeding considered a manageable threat. The represents a variety of habitat types locations and represents a variety of need for special management utilized by the species, and is located at habitat types utilized by the species. considerations or protection due to the southwestern extent of the Yosemite Further, this unit contains the disease and predation is currently toad range. The Kaiser/Dusy unit is an southernmost habitat within the central undefined due to uncertainty regarding essential component of the entirety of portion of the range of the Yosemite the extent and magnitude of these this critical habitat designation because toad. The Iron Mountain unit is an particular stressors. it provides continuity of habitat essential component of the entirety of between adjacent units, as well as Unit 13: Humphrys Basin/Seven Gables this critical habitat designation because habitat types necessary to sustain it provides continuity of habitat This unit consists of approximately Yosemite toad populations under between adjacent units, as well as 20,666 ha (51,067 ac), and is located various climate regimes. habitat types necessary to sustain within Fresno and Inyo Counties, The physical or biological features Yosemite toad populations under California, northeast of the South Fork essential to the conservation of the various climate regimes. San Joaquin River. Land ownership Yosemite toad in the Kaiser/Dusy unit The physical or biological features within this unit consists of may require special management essential to the conservation of approximately 20,658 ha (51,046 ac) of considerations or protection due to Yosemite toad in the Iron Mountain unit Federal land and 8 ha (21 ac) of private inappropriate grazing, timber harvest may require special management land. The Humphrys Basin/Seven and fuels reduction, and recreational considerations or protection due to Gables unit is predominantly within the activities. inappropriate grazing, timber harvest Inyo and Sierra National Forests, This unit also has threats due to and fuels reduction, and recreational including area within the John Muir disease, predation, and climate change. activities. Wilderness. This unit is currently Climate change is not considered a This unit also has threats due to occupied and contains the physical or manageable threat. The need for special disease, predation, and climate change. biological features essential to the management considerations or Climate change is not considered a conservation of the species. This unit protection due to disease and predation manageable threat. The need for special contains a high concentration of is currently undefined due to management considerations or Yosemite toad breeding locations and uncertainty regarding the extent and protection due to disease and predation represents a variety of habitat types magnitude of these particular stressors. is currently undefined due to utilized by the species. The Humphrys Unit 15: Upper Goddard Canyon uncertainty regarding the extent and Basin/Seven Gables unit is an essential magnitude of these particular stressors. component of the entirety of this critical This unit consists of approximately 14,905 ha (36,830 ac) of Federal land Unit 12: Silver Divide habitat designation because it provides continuity of habitat between adjacent located entirely within Kings Canyon This unit consists of approximately units, as well as habitat types necessary National Park and the Sierra National 39,987 ha (98,809 ac), and is located to sustain Yosemite toad populations Forest. The Upper Goddard Canyon unit within Fresno, Inyo, Madera, and Mono under various climate regimes. is located within Fresno and Inyo Counties, California, southeast of the The physical or biological features Counties, California, at the upper reach Middle Fork San Joaquin River. Land essential to the conservation of the of the South Fork San Joaquin River. ownership within this unit consists of Yosemite toad in the Humphrys Basin/ This unit is currently occupied and approximately 39,986 ha (98,807 ac) of Seven Gables unit may require special contains the physical or biological Federal land and 1 ha (2 ac) of private management considerations or features essential to the conservation of land. The Silver Divide unit is protection due to recreation activities. the species. This unit contains a high predominantly within the Inyo and This unit also has threats due to concentration of Yosemite toad breeding Sierra National Forests, including lands disease, predation, and climate change. locations, represents a variety of habitat within the John Muir and Ansel Adams Climate change is not considered a types utilized by the species, and is Wilderness Areas. This unit is currently manageable threat. The need for special located at the easternmost extent within occupied and contains the physical or management considerations or the southern portion of the Yosemite biological features essential to the protection due to disease and predation toad’s range. The Upper Goddard conservation of the species. This unit is currently undefined due to Canyon unit is an essential component contains a high concentration of uncertainty regarding the extent and of the entirety of this critical habitat Yosemite toad breeding locations and magnitude of these particular stressors. designation because it provides represents a variety of habitat types continuity of habitat between adjacent utilized by the species. The Silver Unit 14: Kaiser/Dusy units, as well as habitat types necessary Divide unit is an essential component of This unit consists of approximately to sustain Yosemite toad populations the entirety of this critical habitat 70,978 ha (175,390 ac), and is located in under various climate regimes. This unit designation because it provides Fresno County, California, between the has no manageable threats (note that continuity of habitat between adjacent south fork of the San Joaquin River and disease, predation, and climate change units, as well as habitat types necessary the north fork of the Kings River. Land are not considered manageable threats). to sustain Yosemite toad populations ownership within this unit consists of However, the area requires special under various climate regimes. approximately 70,670 ha (174,629 ac) of protection because of its value as

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59085

occupied habitat that provides Such alterations may include, but are destroying or adversely modifying geographic connectivity to allow for not limited to, those that alter the critical habitat. Yosemite toad metapopulation physical or biological features essential Reasonable and prudent alternatives persistence and resilience across the to the conservation of a species or that can vary from slight project landscape to changing climate. preclude or significantly delay modifications to extensive redesign or development of such features. relocation of the project. Costs Unit 16: Round Corral Meadow If a Federal action may affect a listed associated with implementing a This unit consists of approximately species or its critical habitat, the reasonable and prudent alternative are 12,711 ha (31,409 ac), and is located in responsible Federal agency (action similarly variable. Fresno County, California, south of the agency) must enter into consultation Regulations at 50 CFR 402.16 require North Fork Kings River. Land with us. Examples of actions not on Federal agencies to reinitiate ownership within this unit consists of Federal land that are subject to the consultation on previously reviewed approximately 12,613 ha (31,168 ac) of section 7 consultation process are actions in instances where we have Federal land and 97 ha (241 ac) of actions on State, tribal, local, or private listed a new species or subsequently private land. The Round Corral Meadow lands that require a Federal permit designated critical habitat that may be unit is predominantly within the Sierra (such as a permit from the U.S. Army affected and the Federal agency has National Forest. This unit contains a Corps of Engineers under section 404 of retained discretionary involvement or high concentration of Yosemite toad the Clean Water Act (33 U.S.C. 1251 et control over the action (or the agency’s breeding locations, represents a variety seq.) or a permit from the Service under discretionary involvement or control is of habitat types utilized by the species, section 10 of the Act) or that involve authorized by law). Consequently, and encompasses the southernmost some other Federal action (such as Federal agencies sometimes may need to portion of the range of the species. The funding from the Federal Highway request reinitiation of consultation with Round Corral Meadow unit is an Administration, Federal Aviation us on actions for which formal essential component of the entirety of Administration, or the Federal consultation has been completed, if this critical habitat designation because Emergency Management Agency). those actions with discretionary it provides continuity of habitat Federal actions not affecting listed involvement or control may affect between adjacent units, represents the species or critical habitat, and actions subsequently listed species or southernmost portion of the range, and on State, tribal, local, or private lands designated critical habitat. provides habitat types necessary to that are not federally funded or Application of the ‘‘Adverse sustain Yosemite toad populations authorized, do not require section 7 Modification’’ Standard under various climate regimes. consultation. The key factor related to the adverse The physical or biological features As a result of section 7 consultation, modification determination is whether, essential to the conservation of the we document compliance with the with implementation of the proposed Yosemite toad in the Round Corral requirements of section 7(a)(2) through Federal action, the affected critical Meadow unit may require special our issuance of: habitat would continue to serve its management considerations or (1) A concurrence letter for Federal intended conservation role for the protection due to inappropriate grazing actions that may affect, but are not species. Activities that may destroy or and recreational activities. This unit likely to adversely affect, listed species adversely modify critical habitat are also has threats due to disease, or critical habitat; or those that result in a direct or indirect predation, and climate change. Climate (2) A biological opinion for Federal alteration that appreciably diminishes change is not considered a manageable actions that may affect, and are likely to the value of critical habitat for the threat. The need for special management adversely affect, listed species or critical conservation of the Sierra Nevada considerations or protection due to habitat. yellow-legged frog, the northern DPS of disease and predation is currently When we issue a biological opinion the mountain yellow-legged frog, and undefined due to uncertainty regarding concluding that a project is likely to the Yosemite toad. Such alterations may the extent and magnitude of these jeopardize the continued existence of a include, but are not limited to, those particular stressors. listed species and/or destroy or adversely modify critical habitat, we that alter the physical or biological Effects of Critical Habitat Designation provide reasonable and prudent features essential to the conservation of these species or that preclude or Section 7 Consultation alternatives to the project, if any are identifiable, that would avoid the significantly delay development of such Section 7(a)(2) of the Act requires likelihood of jeopardy and/or features. As discussed above, the role of Federal agencies, including the Service, destruction or adverse modification of critical habitat is to support life-history to ensure that any action they fund, critical habitat. We define ‘‘reasonable needs of the species and provide for the authorize, or carry out is not likely to and prudent alternatives’’ (at 50 CFR conservation of the species. jeopardize the continued existence of 402.02) as alternative actions identified Section 4(b)(8) of the Act requires us any endangered species or threatened during consultation that: to briefly evaluate and describe, in any species or result in the destruction or (1) Can be implemented in a manner proposed or final regulation that adverse modification of designated consistent with the intended purpose of designates critical habitat, activities critical habitat of such species. the action, involving a Federal action that may We published a final rule setting forth (2) Can be implemented consistent destroy or adversely modify such a new definition of destruction or with the scope of the Federal agency’s habitat, or that may be affected by such adverse modification on February 11, legal authority and jurisdiction, designation. 2016 (81 FR 7214), which became (3) Are economically and Activities that may affect critical effective on March 14, 2016. Destruction technologically feasible, and habitat, when carried out, funded, or or adverse modification means a direct (4) Would, in the Director’s opinion, authorized by a Federal agency, should or indirect alteration that appreciably avoid the likelihood of jeopardizing the result in consultation for the Sierra diminishes the value of critical habitat continued existence of the listed species Nevada yellow-legged frog and northern for the conservation of a listed species. and/or avoid the likelihood of DPS mountain yellow-legged frog. If

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59086 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

these actions occur at a scale or with a overwintering aquatic habitat for the management. These activities may lead severity that detrimentally impacts the Sierra Nevada yellow-legged frog or to changes in the hydrologic function of recovery potential of a unit, then the northern DPS of the mountain yellow- the wet meadow or pond and alter the project may represent an adverse legged frog. Such activities could timing, duration, waterflows, and levels modification to critical habitat under include, but are not limited to, stocking that would degrade or eliminate the Act. Such actions are evaluated in of introduced fishes, water diversion, Yosemite toad habitat. These actions the context of many factors, and any one water withdrawal, and hydropower can also lead to increased sedimentation alone may not necessarily lead to an generation. These actions could lead to and degradation in water quality to adverse modification determination. the reduction in available breeding and levels that are beyond the tolerances of These activities include, but are not overwintering habitat for the Sierra the Yosemite toad. limited to: Nevada yellow-legged frog or northern (4) Actions that disturb or eliminate (1) Actions that significantly alter DPS of the mountain yellow-legged frog upland foraging or overwintering water chemistry or temperature. Such through reduction in water depth habitat, as well as dispersal habitat, for activities could include, but are not necessary for the frog to complete its life the Yosemite toad. Such activities could limited to, release of chemicals, cycle. Additionally, the stocking of include, but are not limited to, livestock biological pollutants, or heated effluents introduced fishes could prevent or overgrazing, road construction, into surface water or into connected preclude recolonization of otherwise recreational development, timber ground water at a point source or by available breeding or overwintering harvest activities, unauthorized off-road dispersed release (non-point source). habitats, which is necessary for range vehicle or recreational use, and other These activities may alter water expansion and recovery of the Sierra watershed and floodplain disturbances. conditions beyond the tolerances of the Nevada yellow-legged frog and northern These activities could eliminate or Sierra Nevada yellow-legged frog or DPS of the mountain yellow-legged frog reduce essential cover components in northern DPS of the mountain yellow- metapopulations. terrestrial habitats of the Yosemite toad legged frog and result in direct or Activities that may affect critical and adversely affect a toad’s ability to adverse effects to their critical habitat. habitat, when carried out, funded, or successfully overwinter or oversummer (2) Actions that would significantly authorized by a Federal agency, should and may fragment habitat. increase sediment deposition within the result in consultation for the Yosemite stream channel, lake, or other aquatic toad. These activities include, but are Exemptions feature, or disturb riparian foraging and not limited to: Application of Section 4(a)(3) of the Act dispersal habitat. Such activities could (1) Actions that significantly alter include, but are not limited to, excessive water chemistry or temperature. Such Section 4(a)(3)(B)(i) of the Act (16 sedimentation from livestock activities could include, but are not U.S.C. 1533(a)(3)(B)(i)) provides that: overgrazing, road construction, channel limited to, release of chemicals, ‘‘The Secretary shall not designate as alteration, timber harvest, unauthorized biological pollutants, or heated effluents critical habitat any lands or other off-road vehicle or recreational use, and into the surface water or into connected geographical areas owned or controlled other watershed and floodplain ground water at a point source or by by the Department of Defense, or disturbances. These activities could dispersed release (non-point source). designated for its use, that are subject to eliminate or reduce the habitat These activities could alter water an integrated natural resources necessary for the growth and conditions beyond the tolerances of the management plan [INRMP] prepared reproduction of the Sierra Nevada Yosemite toad and result in direct or under section 101 of the Sikes Act (16 yellow-legged frog or northern DPS of cumulative adverse effects to the critical U.S.C. 670a), if the Secretary determines the mountain yellow-legged frog by habitat. in writing that such plan provides a increasing the sediment deposition to (2) Actions that would significantly benefit to the species for which critical levels that would adversely affect a increase sediment deposition within the habitat is proposed for designation.’’ frog’s ability to complete its life cycle. wet meadow systems and other aquatic There are no Department of Defense (3) Actions that would significantly features utilized by Yosemite toad. Such lands with a completed INRMP within alter channel or lake morphology, activities could include, but are not the critical habitat designation. geometry, or water availability. Such limited to, excessive sedimentation from Consideration of Impacts Under Section activities could include, but are not livestock overgrazing, road construction, 4(b)(2) of the Act limited to, channelization, inappropriate fuels management impoundment, road and bridge activities, channel alteration, Section 4(b)(2) of the Act states that construction, development, mining, inappropriate timber harvest activities, the Secretary shall designate and make dredging, destruction of riparian unauthorized off-road vehicle or revisions to critical habitat on the basis vegetation, water diversion, water recreational use, and other watershed of the best available scientific data after withdrawal, and hydropower and floodplain disturbances. These taking into consideration the economic generation. These activities may lead to activities could eliminate or reduce the impact, national security impact, and changes to the hydrologic function of habitat necessary for the growth and any other relevant impact of specifying the channel or lake, and alter the timing, reproduction of the Yosemite toad by any particular area as critical habitat. duration, waterflows, and levels that increasing the sediment deposition to The Secretary may exclude an area from would degrade or eliminate mountain levels that would adversely affect a critical habitat if she determines that the yellow-legged frog habitat. These toad’s ability to complete its life cycle. benefits of such exclusion outweigh the actions can also lead to increased (3) Actions that would significantly benefits of specifying such area as part sedimentation and degradation in water alter wet meadow or pond morphology, of the critical habitat, unless she quality to levels that are beyond the geometry, or inundation period. Such determines, based on the best scientific tolerances of the Sierra Nevada yellow- activities could include, but are not data available, that the failure to legged frog or northern DPS of the limited to, livestock overgrazing, designate such area as critical habitat mountain yellow-legged frog. channelization, impoundment, road and will result in the extinction of the (4) Actions that significantly reduce bridge construction, mining, dredging, species. In making that determination, or limit the availability of breeding or and inappropriate vegetation the statute on its face, as well as the

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59087

legislative history are clear that the modification of critical habitat in mountain yellow-legged frog, and Secretary has broad discretion regarding section 7 consultation. Yosemite toad based on economic which factor(s) to use and how much The DEA estimated total incremental impacts. weight to give to any factor. impacts between $630,000 and $1.5 A copy of the IEM, DEA, and FEA million. The FEA estimates slightly may be obtained from the Sacramento Consideration of Economic Impacts higher total costs: Between $760,000 Fish and Wildlife Office (2800 Cottage Under section 4(b)(2) of the Act, we and $1.7 million. The key findings are Way, Room W–2605, Sacramento CA, consider the economic impacts of as follows: Low-end total present value 95825, or see http://www.fws.gov/ specifying any particular area as critical impacts anticipated to result from the sacramento/) or by downloading from habitat. In order to consider economic designation of all areas proposed as the Internet at http:// impacts, we prepared an incremental critical habitat for the amphibians are www.regulations.gov. approximately $760,000 over 20 years, effects memorandum (IEM) and draft Exclusions Based on National Security assuming a 7 percent discount rate economic analysis (DEA) of the Impacts or Homeland Security Impacts proposed critical habitat designation ($960,000 assuming a 3 percent and related factors (Industrial discount rate). High-end total present Under section 4(b)(2) of the Act, we consider whether there are lands owned Economics, Incorporated 2013). The value impacts are approximately $1.7 or managed by the Department of analysis, dated August 27, 2013, was million over 20 years, assuming a 7 Defense in the proposed critical habitat made available for public review from percent discount rate ($2.3 million designation where a national security January 10, 2014, through March 11, assuming a 3 percent discount rate). The impact might exist. In preparing this 2014 (Industrial Economics, actual impact for each activity likely final rule, we have determined that no Incorporated 2013). The DEA addressed falls between the two bounds lands within the designation of critical potential economic impacts of critical considered; however information habitat for the Sierra Nevada yellow- habitat designation for the Sierra allowing for further refinement of the legged frog, northern DPS of the Nevada yellow-legged frog, northern presented methodology presented is not readily available. mountain yellow-legged frog, and DPS of the mountain yellow-legged frog, Yosemite toad are owned or exclusively and Yosemite toad. Following the close The increase in costs reflects the following updates/changes: managed by the Department of Defense of the comment period, we reviewed or Department of Homeland Security. and evaluated all information submitted (1) Updated grazing/packstock analysis based on additional The area that is managed by the during the comment period that may Humboldt-Toiyabe National Forest and pertain to our consideration of the information provided by Humboldt- Toiyabe National Forest (HTNF) and used by the USMC for high-altitude probable incremental economic impacts training purposes via special use permit of this critical habitat designation. public commenters. (2) Expanded analytic time frame. The can be successfully managed through a Additional information relevant to the DEA estimated incremental impacts completed INRMP with ongoing uses; probable incremental economic impacts over a 17-year time frame. The FEA therefore, we anticipate no impact on of critical habitat designation for the updated this analysis to use a 20-year national security or homeland security. Sierra Nevada yellow-legged frog, analytic timeframe. The only activity Consequently, the Secretary is not northern DPS of the mountain yellow- that this had a material effect on is exercising her discretion to exclude any legged frog, and Yosemite toad is hydropower, for which the FEA areas from this final designation based summarized below and available in the forecasts annual consultations, thus on impacts on national security or Final Economic Analysis (FEA) expanding the time frame by 3 years and homeland security. (Industrial Economics, Incorporated resulting in an increase in the number 2015), available at http:// Exclusions Based on Other Relevant of consultations. This change also www.regulations.gov. Impacts impacts annualized impact calculations. All areas identified for critical habitat (3) The FEA updated the first year of Under section 4(b)(2) of the Act, we designation are occupied by or analysis to 2015, whereas the DEA had also consider any other relevant impacts proximate to one or more of the listed assumed 2014 as the first year of the resulting from the designation of critical amphibian species. The Service analysis. This change does not affect the habitat. We consider a number of anticipates that conservation efforts total number of consultations forecast, factors, including whether the recommended through section 7 but changes the year in which landowners have developed any HCPs consultation as a result of the listing of consultations occur. In other words, we or other management plans for the area, the species (i.e., to avoid jeopardy) will, assume that consultations set for the or whether there are conservation in most cases, also avoid adverse first year of the analysis will still occur partnerships that would be encouraged modification of critical habitat. In in the first year of the analysis (2015). by designation of, or exclusion from, limited instances, the Service has (4) The FEA updates the dollar year critical habitat. In addition, we look at indicated that adverse modification of the analysis from 2014 to 2015, and any tribal issues and consider the findings could generate an outcome of thus includes updating the GS salary government-to-government relationship conservation measures different than rates from which the administrative of the United States with tribal entities. those recommendations for jeopardy costs are derived. We also consider any social impacts that findings. At this time, however, the might occur because of the designation. Service is unable to predict the types of Exclusions Based on Economic Impacts In preparing this final rule, we have projects that may require different Our economic analysis did not determined that there are currently no conservation efforts. Thus, impacts identify any disproportionate costs that permitted HCPs or other approved occurring under such circumstances are are likely to result from the designation. management plans for the Sierra Nevada not quantified in this analysis. We focus Consequently, the Secretary is not yellow-legged frog, the northern DPS of on quantifying incremental impacts exercising her discretion to exclude any the mountain yellow-legged frog, or the associated with the additional areas from this designation of critical Yosemite toad, and the final designation administrative effort required when habitat for the Sierra Nevada yellow- does not include any tribal lands or addressing potential adverse legged frog, northern DPS of the tribal trust resources. We anticipate no

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59088 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

impact on tribal lands, partnerships, or small organizations such as comment period that may pertain to our HCPs from this critical habitat independent nonprofit organizations; consideration of the probable designation. Accordingly, the Secretary small governmental jurisdictions, incremental economic impacts of this is not exercising her discretion to including school boards and city and critical habitat designation. Based on exclude any areas from this final town governments that serve fewer than this information, we affirm our designation based on other relevant 50,000 residents; and small businesses certification that this final critical impacts. (13 CFR 121.201). Small businesses habitat designation will not have a include manufacturing and mining significant economic impact on a Required Determinations concerns with fewer than 500 substantial number of small entities, Regulatory Planning and Review employees, wholesale trade entities and a regulatory flexibility analysis is (Executive Orders 12866 and 13563) with fewer than 100 employees, retail not required. and service businesses with less than $5 Executive Order 12866 provides that Energy Supply, Distribution, or Use— million in annual sales, general and the Office of Information and Regulatory Executive Order 13211 heavy construction businesses with less Affairs (OIRA) will review all significant than $27.5 million in annual business, Executive Order 13211 (Actions rules. The Office of Information and special trade contractors doing less than Concerning Regulations That Regulatory Affairs has determined that $11.5 million in annual business, and Significantly Affect Energy Supply, this rule is not significant. agricultural businesses with annual Distribution, or Use) requires agencies Executive Order 13563 reaffirms the sales less than $750,000. To determine to prepare Statements of Energy Effects principles of E.O. 12866 while calling if potential economic impacts to these when undertaking certain actions. OMB for improvements in the nation’s small entities are significant, we has provided guidance for regulatory system to promote considered the types of activities that implementing this Executive Order that predictability, to reduce uncertainty, might trigger regulatory impacts under outlines nine outcomes that may and to use the best, most innovative, this designation as well as types of constitute ‘‘a significant adverse effect’’ and least burdensome tools for project modifications that may result. In when compared to not taking the achieving regulatory ends. The general, the term ‘‘significant economic regulatory action under consideration. executive order directs agencies to impact’’ is meant to apply to a typical The economic analysis finds that none consider regulatory approaches that small business firm’s business of these criteria is relevant to this reduce burdens and maintain flexibility operations. analysis. Thus, based on information in and freedom of choice for the public The Service’s current understanding the economic analysis, energy-related where these approaches are relevant, of the requirements under the RFA, as impacts associated with the Sierra feasible, and consistent with regulatory amended, and following recent court Nevada yellow-legged frog’s, northern objectives. E.O. 13563 emphasizes decisions, is that Federal agencies are DPS of the mountain yellow-legged further that regulations must be based only required to evaluate the potential frog’s, and Yosemite toad’s conservation on the best available science and that incremental impacts of rulemaking on activities within critical habitat are not the rulemaking process must allow for those entities directly regulated by the expected. As such, the designation of public participation and an open rulemaking itself, and, therefore, are not critical habitat is not expected to exchange of ideas. We have developed required to evaluate the potential significantly affect energy supplies, this rule in a manner consistent with impacts to indirectly regulated entities. distribution, or use. Therefore, this these requirements. The regulatory mechanism through action is not a significant energy action, Regulatory Flexibility Act (5 U.S.C. 601 which critical habitat protections are and no Statement of Energy Effects is et seq.) realized is section 7 of the Act, which required. requires Federal agencies, in Unfunded Mandates Reform Act (2 Under the Regulatory Flexibility Act consultation with the Service, to ensure U.S.C. 1501 et seq.) (RFA; 5 U.S.C. 601 et seq.), as amended that any action authorized, funded, or by the Small Business Regulatory carried by the agency is not likely to In accordance with the Unfunded Enforcement Fairness Act of 1996 destroy or adversely modify critical Mandates Reform Act (2 U.S.C. 1501 et (SBREFA; 5 U.S.C. 801 et seq.), habitat. Therefore, under section 7, only seq.), we make the following findings: whenever an agency is required to Federal action agencies are directly (1) This rule will not produce a publish a notice of rulemaking for any subject to the specific regulatory Federal mandate. In general, a Federal proposed or final rule, it must prepare requirement (avoiding destruction and mandate is a provision in legislation, and make available for public comment adverse modification) imposed by statute, or regulation that would impose a regulatory flexibility analysis that critical habitat designation. an enforceable duty upon State, local, or describes the effects of the rule on small Consequently, it is our position that tribal governments, or the private sector, entities (i.e., small businesses, small only Federal action agencies will be and includes both ‘‘Federal organizations, and small government directly regulated by this designation. intergovernmental mandates’’ and jurisdictions). However, no regulatory There is no requirement under RFA to ‘‘Federal private sector mandates.’’ flexibility analysis is required if the evaluate the potential impacts to entities These terms are defined in 2 U.S.C. head of the agency certifies the rule will not directly regulated. Moreover, 658(5)–(7). ‘‘Federal intergovernmental not have a significant economic impact Federal agencies are not small entities. mandate’’ includes a regulation that on a substantial number of small Therefore, because no small entities are ‘‘would impose an enforceable duty entities. The SBREFA amended the RFA directly regulated by this rulemaking, upon State, local, or tribal governments’’ to require Federal agencies to provide a the Service certifies that this final with two exceptions. It excludes ‘‘a certification statement of the factual critical habitat designation will not have condition of Federal assistance.’’ It also basis for certifying that the rule will not a significant economic impact on a excludes ‘‘a duty arising from have a significant economic impact on substantial number of small entities. participation in a voluntary Federal a substantial number of small entities. During the development of this final program,’’ unless the regulation ‘‘relates According to the Small Business rule, we reviewed and evaluated all to a then-existing Federal program Administration, small entities include information submitted during the under which $500,000,000 or more is

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59089

provided annually to State, local, and significantly affect small governments as that contain the features essential to the tribal governments under entitlement they are expected to be borne by the conservation of the species are more authority,’’ if the provision would Federal Government and CDFW. By clearly defined, and the physical or ‘‘increase the stringency of conditions of definition, Federal agencies are not biological features of the habitat assistance’’ or ‘‘place caps upon, or considered small entities, although the necessary to the conservation of the otherwise decrease, the Federal activities they fund or permit may be species are specifically identified. This Government’s responsibility to provide proposed or carried out by small information does not alter where and funding,’’ and the State, local, or tribal entities. Small governments will be what federally sponsored activities may governments ‘‘lack authority’’ to adjust affected only to the extent that any occur. However, it may assist these local accordingly. At the time of enactment, programs having Federal funds, permits, governments in long-range planning these entitlement programs were: or other authorized activities must (because these local governments no Medicaid; Aid to Families with ensure that their actions will not longer have to wait for case-by-case Dependent Children work programs; adversely affect the critical habitat. section 7 consultations to occur). Where Child Nutrition; Food Stamps; Social Therefore, a Small Government Agency State and local governments require Services Block Grants; Vocational Plan is not required. approval or authorization from a Federal Rehabilitation State Grants; Foster Care, Takings—Executive Order 12630 agency for actions that may affect Adoption Assistance, and Independent critical habitat, consultation under Living; Family Support Welfare In accordance with Executive Order section 7(a)(2) will be required. While Services; and Child Support 12630 (‘‘Government Actions and non-Federal entities that receive Federal Enforcement. ‘‘Federal private sector Interference with Constitutionally funding, assistance, or permits, or that mandate’’ includes a regulation that Protected Private Property Rights’’), we otherwise require approval or ‘‘would impose an enforceable duty have analyzed the potential takings authorization from a Federal agency for upon the private sector, except (i) a implications of designating critical an action, may be indirectly impacted condition of Federal assistance or (ii) a habitat for the Sierra Nevada yellow- by the designation of critical habitat, the duty arising from participation in a legged frog, the northern DPS of the legally binding duty to avoid voluntary Federal program.’’ mountain yellow-legged frog, and the destruction or adverse modification of The designation of critical habitat Yosemite toad in a takings implications critical habitat rests squarely on the does not impose a legally binding duty assessment. Based on the best available Federal agency. on non-Federal Government entities or information, the assessment concludes private parties. Under the Act, the only that this designation of critical habitat Civil Justice Reform—Executive Order regulatory effect is that Federal agencies for the Sierra Nevada yellow-legged 12988 must ensure that their actions do not frog, the northern DPS of the mountain In accordance with Executive Order destroy or adversely modify critical yellow-legged frog, and the Yosemite 12988 (Civil Justice Reform), the Office habitat under section 7. While non- toad does not pose significant takings of the Solicitor has determined that the Federal entities that receive Federal implications. rule does not unduly burden the judicial funding, assistance, or permits, or that Federalism—Executive Order 13132 system and that it meets the applicable otherwise require approval or standards set forth in sections 3(a) and authorization from a Federal agency for In accordance with E.O. 13132 3(b)(2) of the Order. We are designating an action, may be indirectly impacted (Federalism), this final rule does not by the designation of critical habitat, the have significant Federalism effects. A critical habitat in accordance with the legally binding duty to avoid federalism summary impact statement is provisions of the Act. To assist the destruction or adverse modification of not required. In keeping with public in understanding the habitat critical habitat rests squarely on the Department of the Interior and needs of the species, the rule identifies Federal agency. Furthermore, to the Department of Commerce policy, we the elements of physical or biological extent that non-Federal entities are requested information from, and features essential to the conservation of indirectly impacted because they coordinated development of this critical the Sierra Nevada yellow-legged frog, receive Federal assistance or participate habitat designation with, appropriate northern DPS of the mountain yellow- in a voluntary Federal aid program, the State resource agencies in California. legged frog, and Yosemite toad. The Unfunded Mandates Reform Act would We received comments from the designated areas of critical habitat are not apply, nor would critical habitat California Department of Fish and presented on maps, and the rule shift the costs of the large entitlement Wildlife (CDFW), and we have provides several options for the programs listed above onto State addressed them in the Summary of interested public to obtain more governments. Comments and Recommendations detailed location information, if desired. (2) We do not believe that this rule section of this rule. From a federalism Paperwork Reduction Act of 1995 (44 will significantly or uniquely affect perspective, the designation of critical U.S.C. 3501 et seq.) small governments because only a tiny habitat directly affects only the fraction of designated critical habitat is responsibilities of Federal agencies. The This rule does not contain any new under small government jurisdiction. Act imposes no other duties with collections of information that require Further, the designation of critical respect to critical habitat, either for approval by OMB under the Paperwork habitat imposes no obligations on State States and local governments, or for Reduction Act of 1995 (44 U.S.C. 3501 or local governments. It will not anyone else. As a result, the rule does et seq.). This rule will not impose produce a Federal mandate of $100 not have substantial direct effects either recordkeeping or reporting requirements million or greater in any year; that is, it on the States, or on the relationship on State or local governments, is not a ‘‘significant regulatory action’’ between the Federal Government and individuals, businesses, or under the Unfunded Mandates Reform the States, or on the distribution of organizations. An agency may not Act. Incremental impacts may occur due powers and responsibilities among the conduct or sponsor, and a person is not to administrative costs of section 7 various levels of government. The required to respond to, a collection of consultations for project activities; designation may have some benefit to information unless it displays a however, these are not expected to these governments because the areas currently valid OMB control number.

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59090 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

National Environmental Policy Act (42 Species Act), we readily acknowledge List of Subjects in 50 CFR Part 17 U.S.C. 4321 et seq.) our responsibilities to work directly Endangered and threatened species, It is our position that, outside the with tribes in developing programs for Exports, Imports, Reporting and jurisdiction of the U.S. Court of Appeals healthy ecosystems, to acknowledge that recordkeeping requirements, for the Tenth Circuit, we do not need to tribal lands are not subject to the same prepare environmental analyses controls as Federal public lands, to Transportation. pursuant to the National Environmental remain sensitive to Indian culture, and Regulation Promulgation Policy Act (NEPA; 42 U.S.C. 4321 et to make information available to tribes. seq.) in connection with designating We determined that there are no tribal Accordingly, we amend part 17, critical habitat under the Act. We lands occupied by the Sierra Nevada subchapter B of chapter I, title 50 of the published a notice outlining our reasons yellow-legged frog, northern DPS of the Code of Federal Regulations, as set forth for this determination in the Federal mountain yellow-legged frog, or below: Register on October 25, 1983 (48 FR Yosemite toad at the time of listing that 49244). This position was upheld by the contain the physical or biological PART 17—ENDANGERED AND U.S. Court of Appeals for the Ninth features essential to conservation of the THREATENED WILDLIFE AND PLANTS Circuit (Douglas County v. Babbitt, 48 species, and no tribal lands unoccupied F.3d 1495 (9th Cir. 1995), cert. denied by the Sierra Nevada yellow-legged frog, ■ 1. The authority citation for part 17 516 U.S. 1042 (1996)). northern DPS of the mountain yellow- continues to read as follows: legged frog, or Yosemite toad that are Government-to-Government essential for the conservation of the Authority: 16 U.S.C. 1361–1407; 1531– Relationship With Tribes species. Therefore, we are not 1544; and 4201–4245, unless otherwise In accordance with the President’s designating critical habitat for the Sierra noted. memorandum of April 29, 1994 Nevada yellow-legged frog, northern ■ 2. Amend § 17.11(h) by revising the (Government-to-Government Relations DPS of the mountain yellow-legged frog, entries for ‘‘Frog, mountain yellow- with Native American Tribal or Yosemite toad on tribal lands. legged [Northern California DPS]’’, Governments; 59 FR 22951), Executive ‘‘Frog, Sierra Nevada yellow-legged’’, Order 13175 (Consultation and References Cited and ‘‘Toad, Yosemite’’ under Coordination With Indian Tribal A complete list of all references cited AMPHIBIANS in the List of Endangered Governments), and the Department of is available on the Internet at http:// and Threatened Wildlife to read as the Interior’s manual at 512 DM 2, we www.regulations.gov and upon request readily acknowledge our responsibility from the Sacramento Fish and Wildlife follows: to communicate meaningfully with Office (see FOR FURTHER INFORMATION § 17.11 Endangered and threatened recognized Federal Tribes on a CONTACT). wildlife. government-to-government basis. In * * * * * accordance with Secretarial Order 3206 Authors of June 5, 1997 (American Indian Tribal The primary authors of this (h) * * * Rights, Federal-Tribal Trust rulemaking are the staff members of the Responsibilities, and the Endangered Sacramento Fish and Wildlife Office.

Listing citations and Common name Scientific name Where listed Status applicable rules

******* AMPHIBIANS

******* Frog, mountain yellow-legged Rana muscosa ...... Northern California DPS— E 79 FR 24255; 4/29/2014 [Northern California DPS]. U.S.A., northern California. 50 CFR 17.95(d).CH

******* Frog, Sierra Nevada yellow- Rana sierrae ...... Wherever found ...... E 79 FR 24255; 4/29/2014 legged. 50 CFR 17.95(d).CH

******* Toad, Yosemite ...... Anaxyrus canorus ...... Wherever found ...... T 79 FR 24255; 4/29/2014 50 CFR 17.95(d).CH

*******

■ 3. In § 17.95, amend paragraph (d) by § 17.95 Critical habitat—fish and wildlife. Mountain Yellow-Legged Frog (Rana adding entries for ‘‘Mountain Yellow- * * * * * muscosa), Northern California DPS legged Frog (Rana muscosa), Northern (d) Amphibians. California DPS’’, ‘‘Sierra Nevada (1) Critical habitat units are depicted Yellow-legged Frog (Rana sierrae)’’, and * * * * * for Fresno, Inyo and Tulare Counties, ‘‘Yosemite Toad (Anaxyrus canorus)’’ in California, on the maps in this entry. the same alphabetical order that these (2) Within these areas, the primary species appear in the table at § 17.11(h), constituent elements of the physical or to read as follows: biological features essential to the

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59091

conservation of the northern DPS of the (5) Sufficient food resources to allow sunlight to reach the aquatic mountain yellow-legged frog consist of: provide for tadpole growth and habitat and thereby provide basking (i) Aquatic habitat for breeding and development. areas for the species. rearing. Habitat that consists of (ii) Aquatic nonbreeding habitat (3) For areas between proximate permanent water bodies, or those that (including overwintering habitat). This (within 300 m (984 ft)) water bodies are either hydrologically connected habitat may contain the same (typical of some high mountain lake with, or close to, permanent water characteristics as aquatic breeding and habitats), the upland area extends from bodies, including, but not limited to, rearing habitat (often at the same locale), the bank or shoreline between such lakes, streams, rivers, tarns, perennial and may include lakes, ponds, tarns, water bodies. creeks (or permanent plunge pools streams, rivers, creeks, plunge pools (4) Within mesic habitats such as lake within intermittent creeks), pools (such within intermittent creeks, seeps, and and meadow systems, the entire area of as a body of impounded water springs that may not hold water long physically contiguous or proximate contained above a natural dam), and enough for the species to complete its habitat is suitable for dispersal and other forms of aquatic habitat. This aquatic life cycle. This habitat provides foraging. habitat must: for shelter, foraging, predator avoidance, (B) Upland areas (catchments) (A) For lakes, be of sufficient depth and aquatic dispersal of juvenile and adjacent to and surrounding both not to freeze solid (to the bottom) during adult mountain yellow-legged frogs. breeding and nonbreeding aquatic the winter (no less than 1.7 meters (m) Aquatic nonbreeding habitat contains: habitat that provide for the natural (5.6 feet (ft)), but generally greater than (A) Bank and pool substrates hydrologic regime (water quantity) of 2.5 m (8.2 ft), and optimally 5 m (16.4 consisting of varying percentages of soil aquatic habitats. These upland areas ft) or deeper (unless some other refuge or silt, sand, gravel, cobble, rock, and should also allow for the maintenance from freezing is available)). boulders (for basking and cover); of sufficient water quality to provide for (B) Maintain a natural flow pattern, (B) Open gravel banks and rocks the various life stages of the frog and its including periodic flooding, and have projecting above or just beneath the prey base. functional community dynamics in surface of the water for adult sunning (3) Critical habitat does not include order to provide sufficient productivity posts; manmade structures (such as buildings, and a prey base to support the growth (C) Aquatic refugia, including pools aqueducts, runways, roads, and other and development of rearing tadpoles with bank overhangs, downfall logs or paved areas) and the land on which they and metamorphs. branches, or rocks and vegetation to are located existing within the legal provide cover from predators; (C) Be free of introduced predators. boundaries of designated critical habitat (D) Sufficient food resources to on September 26, 2016. (D) Maintain water during the entire support juvenile and adult foraging; tadpole growth phase (a minimum of 2 (4) Critical habitat map units. The (E) Overwintering refugia, where years). During periods of drought, these critical habitat subunit maps were thermal properties of the microhabitat breeding sites may not hold water long originally created using ESRI’s ArcGIS protect hibernating life stages from enough for individuals to complete Desktop 10.2.1 software and then winter freezing, such as crevices or metamorphosis, but they may still be exported as .emf files. All maps are in holes within bedrock, in and near shore; considered essential breeding habitat if the North American Datum of 1983 and/or they provide sufficient habitat in most (NAD83), Universal Transverse (F) Streams, stream reaches, or wet years to foster recruitment within the Mercator (UTM) Zone 10N. The meadow habitats that can function as reproductive lifespan of individual California County Boundaries dataset corridors for movement between aquatic adult frogs. (Teale Data Center), and the USA Minor habitats used as breeding or foraging Highways, USA Major Roads, and USA (E) Contain: sites. Rivers and Streams layers (ESRI’s 2010 (1) Bank and pool substrates (iii) Upland areas. StreetMap Data) were incorporated as consisting of varying percentages of soil (A) Upland areas adjacent to or base layers to assist in the geographic or silt, sand, gravel, cobble, rock, and surrounding breeding and nonbreeding location of the critical habitat subunits. boulders (for basking and cover); aquatic habitat that provide area for The coordinates or plot points or both (2) Shallower microhabitat with solar feeding and movement by mountain on which each map is based are exposure to warm lake areas and to yellow-legged frogs. available to the public on http:// foster primary productivity of the food (1) For stream habitats, this area regulations.gov at Docket No. FWS–R8– web; extends 25 m (82 ft) from the bank or ES–2012–0074, on our Internet site (3) Open gravel banks and rocks or shoreline. (http://www.fws.gov/sacramento), and at other structures projecting above or just (2) In areas that contain riparian the Sacramento Fish and Wildlife beneath the surface of the water for habitat and upland vegetation (for Office, 2800 Cottage Way Room W– adult sunning posts; example, mixed conifer, ponderosa 2605, Sacramento, CA 95825. (4) Aquatic refugia, including pools pine, montane conifer, and montane (5) Index map for northern DPS of the with bank overhangs, downfall logs or riparian woodlands), the canopy mountain yellow-legged frog critical branches, or rocks and vegetation to overstory should be sufficiently thin habitat follows: provide cover from predators; and (generally not to exceed 85 percent) to BILLING CODE 4333–15–P

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59092 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

(6) Unit 4 (Subunits 4A, 4B, 4C, 4D), Fresno, Inyo, and Tulare Counties, California. Map follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.002 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59093

(7) Unit 5 (Subunits 5A, 5B, 5C), Tulare and Inyo Counties, California. Map follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.003 59094 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

BILLING CODE 4333–15–C (i) Aquatic habitat for breeding and 2.5 m (8.2 ft), and optimally 5 m (16.4 * * * * * rearing. Habitat that consists of ft) or deeper (unless some other refuge permanent water bodies, or those that from freezing is available)). Sierra Nevada Yellow-Legged Frog are either hydrologically connected (B) Maintain a natural flow pattern, (Rana sierrae) with, or close to, permanent water including periodic flooding, and have (1) Critical habitat units are depicted bodies, including, but not limited to, functional community dynamics in for Lassen, Plumas, Sierra, Nevada, lakes, streams, rivers, tarns, perennial order to provide sufficient productivity Placer, El Dorado, Amador, Alpine, creeks (or permanent plunge pools and a prey base to support the growth Calaveras, Tuolumne, Mono, Mariposa, within intermittent creeks), pools (such and development of rearing tadpoles as a body of impounded water Madera, Fresno, and Inyo Counties, and metamorphs. contained above a natural dam), and California, on the maps in this entry. (C) Be free of introduced predators. other forms of aquatic habitat. This (D) Maintain water during the entire (2) Within these areas, the primary habitat must: tadpole growth phase (a minimum of 2 constituent elements of the physical or (A) For lakes, be of sufficient depth years). During periods of drought, these biological features essential to the not to freeze solid (to the bottom) during breeding sites may not hold water long conservation of the Sierra Nevada the winter (no less than 1.7 meters (m) enough for individuals to complete yellow-legged frog consist of: (5.6 feet (ft)), but generally greater than metamorphosis, but they may still be

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.004 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59095

considered essential breeding habitat if surface of the water for adult sunning habitat is suitable for dispersal and they provide sufficient habitat in most posts; foraging. years to foster recruitment within the (C) Aquatic refugia, including pools (B) Upland areas (catchments) reproductive lifespan of individual with bank overhangs, downfall logs or adjacent to and surrounding both adult frogs. branches, or rocks and vegetation to breeding and nonbreeding aquatic (E) Contain: provide cover from predators; habitat that provide for the natural (1) Bank and pool substrates (D) Sufficient food resources to hydrologic regime (water quantity) of consisting of varying percentages of soil support juvenile and adult foraging; aquatic habitats. These upland areas or silt, sand, gravel, cobble, rock, and (E) Overwintering refugia, where should also allow for the maintenance boulders (for basking and cover); thermal properties of the microhabitat of sufficient water quality to provide for (2) Shallower microhabitat with solar protect hibernating life stages from the various life stages of the frog and its exposure to warm lake areas and to winter freezing, such as crevices or prey base. foster primary productivity of the food holes within bedrock, in and near shore; (3) Critical habitat does not include web; and/or manmade structures (such as buildings, (F) Streams, stream reaches, or wet aqueducts, runways, roads, and other (3) Open gravel banks and rocks or meadow habitats that can function as paved areas) and the land on which they other structures projecting above or just corridors for movement between aquatic are located existing within the legal beneath the surface of the water for habitats used as breeding or foraging boundaries of designated critical habitat adult sunning posts; sites. on September 26, 2016. (4) Aquatic refugia, including pools (iii) Upland areas. (4) Critical habitat map units. The with bank overhangs, downfall logs or (A) Upland areas adjacent to or critical habitat subunit maps were branches, or rocks and vegetation to surrounding breeding and nonbreeding originally created using ESRI’s ArcGIS provide cover from predators; and aquatic habitat that provide area for Desktop 10.2.1 software and then (5) Sufficient food resources to feeding and movement by mountain exported as .emf files. All maps are in provide for tadpole growth and yellow-legged frogs. the North American Datum of 1983 development. (1) For stream habitats, this area (NAD83), Universal Transverse (ii) Aquatic nonbreeding habitat extends 25 m (82 ft) from the bank or Mercator (UTM) Zone 10N. The (including overwintering habitat). This shoreline. California County Boundaries dataset habitat may contain the same (2) In areas that contain riparian (Teale Data Center), and the USA Minor characteristics as aquatic breeding and habitat and upland vegetation (for Highways, USA Major Roads, and USA rearing habitat (often at the same locale), example, mixed conifer, ponderosa Rivers and Streams layers (ESRI’s 2010 and may include lakes, ponds, tarns, pine, montane conifer, and montane StreetMap Data) were incorporated as streams, rivers, creeks, plunge pools riparian woodlands), the canopy base layers to assist in the geographic within intermittent creeks, seeps, and overstory should be sufficiently thin location of the critical habitat subunits. springs that may not hold water long (generally not to exceed 85 percent) to The coordinates or plot points or both enough for the species to complete its allow sunlight to reach the aquatic on which each map is based are aquatic life cycle. This habitat provides habitat and thereby provide basking available to the public on http:// for shelter, foraging, predator avoidance, areas for the species. regulations.gov at Docket No. FWS–R8– and aquatic dispersal of juvenile and (3) For areas between proximate ES–2012–0074, on our Internet site adult mountain yellow-legged frogs. (within 300 m (984 ft)) water bodies (http://www.fws.gov/sacramento), and at Aquatic nonbreeding habitat contains: (typical of some high mountain lake the Sacramento Fish and Wildlife (A) Bank and pool substrates habitats), the upland area extends from Office, 2800 Cottage Way Room W– consisting of varying percentages of soil the bank or shoreline between such 2605, Sacramento, CA 95825. or silt, sand, gravel, cobble, rock, and water bodies. (5) Index map for Sierra Nevada boulders (for basking and cover); (4) Within mesic habitats such as lake yellow-legged frog critical habitat (B) Open gravel banks and rocks and meadow systems, the entire area of follows: projecting above or just beneath the physically contiguous or proximate BILLING CODE 4333–15–P

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 59096 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

(6) Unit 1 (Subunits 1A, 1B, 1C, 1D), Plumas, and Sierra Counties, California. Map follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.005 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59097

(7) Unit 2 (Subunits 2A, 2B, 2C, 2D), Placer Counties, California. Map Lassen, Plumas, Sierra, Nevada, and follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.006 59098 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

(8) Unit 2 (Subunits 2E, 2F, 2G, 2H), Calaveras, Tuolumne, and Mono Placer, El Dorado, Amador, Alpine, Counties, California. Map follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.007 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59099

(9) Unit 2 (Subunits 2I, 2J, 2K, 2L, 2M, 2N), Tuolumne and Mono Counties, California. Map follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.008 59100 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

(10) Unit 3 (Subunits 3A, 3B, 3C), Madera Counties, California. Map Tuolumne, Mariposa, Mono, and follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.009 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59101

(11) Unit 3 (Subunits 3D, 3E, 3F), Mono, Fresno, and Inyo Counties, California. Map follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.010 59102 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

* * * * * spring systems, and shallow areas of (ii) Upland areas. lakes, that: Yosemite Toad (Anaxyrus canorus) (A) This habitat consists of areas (1) Are typically (or become) adjacent to or surrounding breeding (1) Critical habitat units are depicted inundated during snowmelt; habitat up to a distance of 1.25 for Alpine, Tuolumne, Mono, Mariposa, (2) Hold water for a minimum of 5 kilometers (0.78 miles) in most cases Madera, Fresno, and Inyo Counties, weeks, but more typically 7 to 8 weeks; (that is, depending on surrounding California, on the maps in this entry. and landscape and dispersal barriers), (2) Within these areas, the primary (3) Contain sufficient food for tadpole including seeps, springheads, talus and constituent elements of the physical or development. boulders, and areas that provide: biological features essential to the (B) During periods of drought or less (1) Sufficient cover (including rodent conservation of the Yosemite toad than average rainfall, these breeding burrows, logs, rocks, and other surface consist of two components: sites may not hold surface water long objects) to provide summer refugia, enough for individual Yosemite toads to (2) Foraging habitat, (i) Aquatic breeding habitat. complete metamorphosis, but they are (A) This habitat consists of bodies of still considered essential breeding (3) Adequate prey resources, fresh water, including wet meadows, habitat because they provide habitat in (4) Physical structure for predator slow-moving streams, shallow ponds, most years. avoidance,

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.011 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59103

(5) Overwintering refugia for juvenile aqueducts, runways, roads, and other Streams layers (ESRI’s 2010 StreetMap and adult Yosemite toads, paved areas) and the land on which they Data) were incorporated as base layers (6) Dispersal corridors between are located existing within the legal to assist in the geographic location of aquatic breeding habitats, boundaries of designated critical habitat the critical habitat subunits. The (7) Dispersal corridors between on September 26, 2016. coordinates or plot points or both on breeding habitats and areas of suitable (4) Critical habitat map units. The which each map is based are available summer and winter refugia and foraging critical habitat subunit maps were to the public on http://regulations.gov at habitat, and/or originally created using ESRI’s ArcGIS Docket No. FWS–R8–ES–2012–0074, on Desktop 10 software and then exported (8) The natural hydrologic regime of our Internet site (http://www.fws.gov/ aquatic habitats (the catchment). as .emf files. All maps are in the North sacramento), and at the Sacramento (B) These upland areas should also American Datum of 1983 (NAD83), Fish and Wildlife Office, 2800 Cottage maintain sufficient water quality to Universal Transverse Mercator (UTM) provide for the various life stages of the Zone 10N. The California County Way Room W–2605, Sacramento, CA Yosemite toad and its prey base. Boundaries dataset (Teale Data Center), 95825. (3) Critical habitat does not include and the USA Minor Highways, USA (5) Index map for Yosemite toad manmade structures (such as buildings, Major Roads, and USA Rivers and critical habitat follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4725 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.012 59104 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

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

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.013 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59105

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.014 59106 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.015 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59107

(10) Unit 5: Tuolumne Meadows/ and Tuolumne Counties, California. Cathedral, Madera, Mariposa, Mono, Map follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.016 59108 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.017 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59109

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.018 59110 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.019 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59111

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.020 59112 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.021 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59113

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.022 59114 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

(17) Unit 12: Silver Divide, Fresno, Inyo, Madera, and Mono Counties, California. Map follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.023 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59115

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.024 59116 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

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

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.025 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59117

(20) Unit 15: Upper Goddard Canyon, Fresno and Inyo Counties, California. Map follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.026 59118 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

(21) Unit 16: Round Corral Meadow, Fresno County, California. Map follows:

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4700 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.027 Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 59119

* * * * * Dated: August 16, 2016. Karen Hyun, Acting Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2016–20352 Filed 8–25–16; 8:45 am] BILLING CODE 4333–15–C

VerDate Sep<11>2014 19:39 Aug 25, 2016 Jkt 238001 PO 00000 Frm 00075 Fmt 4701 Sfmt 9990 E:\FR\FM\26AUR2.SGM 26AUR2 sradovich on DSK3GMQ082PROD with RULES2 ER26AU16.028