Vol. 78 Tuesday, No. 175 September 10, 2013

Part III

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Determination of Endangered Species Status for Jemez Mountains Salamander (Plethodon neomexicanus) Throughout Its Range; Final Rule

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DEPARTMENT OF THE INTERIOR warrant protection through listing if it is habitat for the Jemez Mountains endangered or threatened throughout all salamander. Fish and Wildlife Service or a significant portion of its range. Species Information Listing a species as an endangered or 50 CFR Part 17 threatened species can only be The Jemez Mountains salamander is completed by issuing a rule. On uniformly dark brown above, with [Docket No. FWS–R2–ES–2012–0063; occasional fine gold to brassy coloring 4500030113] September 12, 2012 (77 FR 56482), we proposed to list the Jemez Mountains with stippling dorsally (on the back and RIN 1018–AY24 salamander (Plethodon neomexicanus) sides) and is sooty gray ventrally under the Act as an endangered species (underside). The salamander is slender Endangered and Threatened Wildlife and proposed to designate critical and elongate, and it possesses foot and Plants; Determination of habitat. In that document we explained webbing and a reduced fifth toe. This Endangered Species Status for Jemez that the species currently faces salamander is a member of the family Mountains Salamander (Plethodon numerous threats of high magnitude, Plethodontidae, is strictly terrestrial, neomexicanus) Throughout Its Range and, therefore, qualifies for listing and and does not use standing surface water requested additional information and for any life stage. Respiration (the AGENCY: Fish and Wildlife Service, exchange of oxygen and carbon dioxide) Interior. comments on the proposed listing. This final rule considers all comments occurs through the skin, which requires ACTION: Final rule. received by peer reviewers, tribes, State a moist microclimate for gas exchange. SUMMARY: We, the U.S. Fish and agencies, Federal agencies, and the Taxonomy and Species Description Wildlife Service, determine endangered public regarding the proposed rule to The Jemez Mountains salamander was species status under the Endangered list the Jemez Mountains salamander. originally reported as Spelerpes Species Act of 1973 (Act), as amended, This is our final determination to list multiplicatus (=Eurycea multiplicata) in for the Jemez Mountains salamander the Jemez Mountains salamander as 1913 (Degenhardt et al. 1996, p. 27); (Plethodon neomexicanus). This final endangered. however, it was described and rule implements the Federal protections The basis for our action. Under the recognized as a new and distinct species provided by the Act for this species. We Act, a species may be determined to be (Plethodon neomexicanus) in 1950 have also determined that critical an endangered or threatened species (Stebbins and Riemer, pp. 73–80). No habitat for the Jemez Mountains based on any of five factors: (A) The subspecies of the Jemez Mountains salamander is prudent and determinable present or threatened destruction, salamander are recognized. in the proposed rule and will soon modification, or curtailment of its The Jemez Mountains salamander is publish in the Federal Register our final habitat or range; (B) overutilization for one of two species of plethodontid determination designating critical commercial, recreational, scientific, or salamanders’ endemic (native and habitat for the Jemez Mountains educational purposes; (C) disease or restricted to a particular region) to New salamander. predation; (D) the inadequacy of Mexico: the Jemez Mountains existing regulatory mechanisms; and (E) salamander and the Sacramento DATES: This rule becomes effective other natural or manmade factors October 10, 2013. Mountains salamander (Aneides hardii). affecting its continued existence. We Unlike most other North American ADDRESSES: This final rule is available have determined that the Jemez plethodontid salamanders, these two on the Internet at http://www.fws.gov/ Mountains salamander meets the species are geographically isolated from southwest/es/NewMexico/index.cfm, definition of an endangered species due all other species of Plethodon and and the rule as well as comments and to three of these five factors. Aneides. materials received are available at Peer review and public comment. We Genetic studies on plethodontid http://www.regulations.gov at Docket sought comments from independent salamanders in North America suggest No. FWS–R2–ES–2012–0063. Comments specialists to ensure that our that the Jemez Mountains salamander is and materials received, as well as designation is based on scientifically more closely related to western supporting documentation used in the sound data, assumptions, and analyses. Plethodon species than to eastern preparation of this rule, will also be We invited these peer reviewers to Plethodon salamanders, and that the available for public inspection, by comment on our listing proposal. We Larch Mountain salamander (P. larselli) appointment, during normal business also considered all comments and found in Oregon and Washington is no hours at: U.S. Fish and Wildlife Service, information received during the longer considered the most closely New Mexico Ecological Services Field comment period. related species to the Jemez Mountains Office, 2105 Osuna NE., Albuquerque, salamander (Mahoney 2001, p. 184). In NM 87113; by telephone 505–346–2525; Background many of the analyses presented by or by facsimile 505–346–2542. Previous Federal Actions Mahoney 2001 (entire), the Jemez FOR FURTHER INFORMATION CONTACT: Mountains salamander is basal to all Wally Murphy, Field Supervisor, U.S. Please refer to the proposed listing other western Plethodon (that is, it Fish and Wildlife Service, New Mexico rule for the Jemez Mountains maintains the most derived characters, Ecological Services Field Office (see salamander (77 FR 56482; September or, that other western Plethodon are ADDRESSES section). If you use a 12, 2012) for a detailed description of more closely related to each other than telecommunications device for the deaf previous Federal actions concerning this any are to the Jemez Mountains (TDD), call the Federal Information species. salamander), but still, the relationship Relay Service (FIRS) at 800–877–8339. We have also determined that critical of the Jemez Mountains salamander to SUPPLEMENTARY INFORMATION: habitat for the Jemez Mountains other western plethodontid salamanders salamander is prudent and determinable remains partially unresolved. Executive Summary in the proposed rule and will soon Nonetheless, it has been demonstrated Why we need to publish a rule. Under publish in the Federal Register our final that the Jemez Mountains salamander’s the Act, a species or subspecies may determination designating critical closest relatives are western

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salamanders of the Pacific Northwest of (ft) (2,200 and 2,900 meters (m)) actually occupied the logged sites prior the United States and include Van (Degenhardt et al. 1996, p. 28), but has to logging, but significant differences in Dyke’s salamander (P. vandykei), Larch been found as low as 6,998 ft (2,133 m) habitat features (soil pH, litter depth, Mountain salamander (P. larselli), (Ramotnik 1988, p. 78) and as high as and log size) between the logged and Siskiyou Mountains salamander (P. 10,990 ft (3,350 m) (Ramotnik 1988, p. unlogged sites were reported (Ramotnik stormi), Del Norte salamander (P. 84). 1986, p. 8). The type and quantity of elongatus), western red-backed Biology vegetation affects soil pH (e.g. pine salamander (P. vehiculum), Dunn’s needles are acidic, decomposed pine salamander (P. dunni), and the green The Jemez Mountains salamander is needles can increase the soils acidity), salamander (Aneides aeneus) (Mahoney strictly terrestrial, does not possess and thus could also affect the 2001, pp. 178–183). These species, lungs, and does not use standing surface salamander. water for any life stage. Respiration (the including the Jemez Mountains Salamander prey from aboveground salamander, are thought to be the result exchange of oxygen and carbon dioxide) occurs through the skin, which requires foraging is diverse in size and type, with of an old, rapid diversification ants (Hymenoptera, Formicidae), mites (Mahoney 2001, p. 185). a moist microclimate for gas exchange. Substrate moisture through its effect on (Acari), and beetles (Coleoptera) being Distribution absorption and loss of water is probably most important (most numerous, most The distribution of plethodontid the most important factor in the ecology voluminous, and most frequent) in the salamanders in North America has been of this terrestrial salamander, as it is in salamander’s diet (Cummer 2005, p. 43). highly influenced by past changes in other strictly terrestrial salamander Cummer (2005, pp. 45–50) found that climate and associated Pleistocene species (Heatwole and Lim 1961, p. specialization on invertebrate species glacial cycles. In the Jemez Mountains, 818). The Jemez Mountains salamander was unlikely, but there was likely a the lack of glacial landforms indicates spends much of its life underground, preferential selection of prey categories that alpine glaciers may not have but can be found above ground when (ants, mites, and beetles). developed here, but evidence from relative environmental conditions are The aboveground microhabitat (under exposed rocky areas (felsenmeers) may warm and wet, which is typically from or inside cover objects) temperature for reflect near-glacial conditions during July through September; but occasional some Jemez Mountains salamanders the Wisconsin Glacial Episode (Allen salamander observations have been ranged from 43 to 63 degrees Fahrenheit 1989, p. 11). Conservatively, the made in May, June, and October. (°F) (6.0 to 17.0 degrees Celsius (°C)), salamander has likely occupied the Relatively warm and wet environmental with an average of 54.9 °F (12.7 °C) Jemez Mountains for at least 10,000 conditions suitable for salamander (Williams 1972, p. 18). Significantly years, but this could be as long as 1.2 aboveground activity are likely more salamanders were observed under million years, colonizing the area influenced by melting snow and logs where temperatures were closest to subsequent to volcanic eruption. summer monsoon rains. When active the average temperature (Williams 1972, The Jemez Mountains salamander is above ground, the species is usually p. 19). restricted to the Jemez Mountains in found under decaying logs, rocks, bark, Sexual maturity is attained at 3 to 4 northern New Mexico, in Los Alamos, or moss mats or inside decaying logs or years in age for females and 3 years for Rio Arriba, and Sandoval Counties, stumps. males (Williams 1976, pp. 31, 35). around the rim of the collapsed caldera Changes in pH (acidity or alkalinity) Reproduction in the wild has not been (large volcanic crater), with some can affect plethodontid salamander observed; however, based on observed occurrences on topographic features behavioral and physiological responses physiological changes, mating is (e.g., resurgent domes) on the interior of (Cummer and Painter 2007, p. 34). In the caldera. The majority of salamander one study of the Jemez Mountains believed to occur above ground between habitat is located on federally managed salamander, soil pH was the single best July and August during the rainy season lands, including the U.S. Forest Service indicator of relative abundance of (Williams 1976, pp. 31–36). Based on (USFS), the National Park Service salamanders at a site (Ramotnik 1988, examination of 57 female salamanders (Bandelier National Monument), Valles pp. 24–25). Sites with salamanders had in the wild and 1 clutch of eggs laid in Caldera National Preserve, and Los a soil pH of 6.6 (± 0.08) and sites a laboratory setting, Williams (1978, p. Alamos National Laboratory, with some without salamanders had a soil pH of 475) concluded that females likely lay 7 habitat located on tribal land and 6.2 (± 0.06). In another species of a or 8 eggs every 2 to 3 years. Eggs are private lands (New Mexico Endemic terrestrial plethodontid salamander, the thought to be laid underground in the Salamander Team 2000, p. 1). The red-backed salamander (Plethodon spring, about 9 to 10 months after Valles Caldera National Preserve is cinereus), soil pH influences and limits mating occurs (Williams 1978, p. 475). located west of Los Alamos, New its distribution and occurrence as well Fully formed Jemez Mountains Mexico, and is part of the National as its oxygen consumption rates and salamanders hatch from the eggs. Forest System (owned by the U.S. growth rates (Wyman and Hawksley- The lifespan of the salamander in the Department of Agriculture), but run by Lescault 1987, p. 1823). Similarly, wild is unknown. However, in 2013 a a nine-member Board of Trustees: the Frisbie and Wyman (1991, p. 1050) marked salamander was observed at a Supervisor of Bandelier National found the disruption of sodium balance previous study site where salamanders Monument, the Supervisor of the Santa by acidic conditions in three species of were uniquely marked with fluorescent Fe National Forest, and seven other terrestrial salamanders. A low pH elastomer (a colored epoxy injected members appointed by the President of substrate can also reduce salamander under the skin) from 1996 through 2000. the United States with distinct areas of body sodium, body water levels, and Based on the colors used, this experience or activity (Valles Caldera body mass (Frisbie and Wyman 1991, p. salamander was likely marked in 1998 Trust 2005, pp. 1–11). Prior to Federal 1050). Significant differences in habitat or 1999. Juvenile salamanders received ownership in 2000, the Valles Caldera features (soil pH, litter depth, and log a different kind of marking, indicating National Preserve was privately held. size) were reported between the logged that this wild salamander is minimally The species predominantly occurs at an and unlogged sites (Ramotnik 1986, p. 14 years old, but more likely 15–17 elevation between 7,200 and 9,500 feet 8). We do not know if salamanders years old.

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Movements, Home Range, and Dispersal conflicting evidence regarding dispersal Habitat Ramotnik (1988, pp. 11–12) used abilities. Some information suggests this The strictly terrestrial Jemez implanted radioactive wires in salamander exhibits small movements, Mountains salamander predominantly polyethylene tubing to track nine even across multiple years, consisting inhabits mixed-conifer forest, consisting individual Jemez Mountain salamanders primarily of small home ranges and primarily of Douglas fir (Pseudotsuga for durations between 2 days and 6 with little movement among cover menziesii), blue spruce (Picea pungens), weeks, monitoring their movements objects (53–269 ft2, 5–25 m2) Engelman spruce (P. engelmannii), every 1 to 3 days, and two salamanders (Kleeberger and Werner 1982, p. 411). white fir (Abies concolor), limber pine were tracked every 2 hours throughout However, there is other evidence of (Pinus flexilis), Ponderosa pine (P. a 12-hour period. Ramotnik (1988, p. 27) moderate-distance homing ability (90 m, ponderosa), Rocky Mountain maple reported that individual distances 295 ft) (Kleeberger and Werner 1982, p. (Acer glabrum), and aspen (Populus salamanders moved between 411). Cabe et al. 2007 (pp. 53–60) tremuloides) (Reagan 1967, p. 17; consecutive observations ranged from 0 measured gene flow of red-backed Degenhardt et al. 1996, p. 28). Although to 108 ft (0 to 33 m) and that 73 percent salamanders across a continuous pure stands of Ponderosa pine may not of recorded movements were less than forested habitat as an indicator of the be considered ideal habitat, the species 3.3 ft (1 m). In 59 of 109 observations, salamander’s dispersal. They suggested has occasionally been found in this salamanders did not move. When the that gene flow and dispersal frequency habitat. The species has also zero-distance movements were excluded were normally low, indicating that red- occasionally been found in spruce-fir from analysis, the average distance backed salamanders generally do not and aspen stands, and high-elevation salamanders moved was 7.8 ft (2.4 m), move much, but under certain meadows. However, these habitat types and the greatest total recorded distance circumstances, they might disperse have not been adequately surveyed so of an individual was 144 ft (43.9 m) over farther than normal. These unique the extent to which salamanders use 22 days (Ramotnik 1988, p. 28). conditions occur when the population these habitats is not fully known. Ramotnik (1988, p. 32) also estimated density of red-backed salamanders is so Predominant understory trees include Rocky Mountain maple (Acer glabrum), the home range of six salamanders with high in a given area that the habitat is New Mexico locust (Robinia these data and reports the average home saturated with them, resulting in a 2 neomexicana), oceanspray (Holodiscus range was 86 square feet (ft ) (8.0 square reduction in breeding success, and meters (m2)); males had a larger home sp.), and various shrubby oaks (Quercus other, less densely populated habitat is range (137 ft2 (12.7 m2)) than females spp.) (Reagan 1967, p. 17; Degenhardt et available (Cabe et al. 2007, p. 53). In a (78 ft2 (7.2 m2)). The individuals that al. 1996, p. 28). more closely related terrestrial had larger home ranges (greater than 54 Everett (2003, entire) reported habitat ft2 (5.0 m2)) were often found returning salamander, the Siskiyou Mountains variables for 23 sites where Jemez to the same cover object; whereas salamander, individuals are reported to Mountains salamanders were found. individuals with home ranges less than make daily to seasonal vertical Everett (2003) reported that the 54 ft2 (5 m2) rarely returned to the same migrations in the ground surface as salamander occurred on all slope spot (Ramotnik 1988, p. 32). The microclimate conditions change, but not aspects (p. 21) (the average slope ranged smallest estimated home range was 10.7 extensive horizontal movements (Olson from 4 to 40.5 degrees (p. 24)); were ft2 (1 m2) and the largest 220.7 ft2 (20.5 et al. 2009, p. 3). Furthermore, genetic within 14.0 to 99.8 percent canopy m2) (Ramotnik 1988, p. 28). analyses indicate limited gene flow in cover and averaged 58.2 to 94.3 percent In a mark–recapture study conducted the Siskiyou Mountains salamander and canopy cover (p. 24); and were found by the New Mexico Department of Game that populations may have been on under logs (35 percent), rocks (34 and Fish (NMDGF), the average distance isolated evolutionary pathways for a percent), bark (9 percent), and inside of 32 movements measured via very long time (Olson et al. 2009, p. 3). logs (22 percent). Available cover recapture either in the same year or Because the Jemez Mountains objects included rock (52 percent), from year to year, measured over the salamander makes very small horizontal coarse woody debris (7 percent), bark course of approximately 10 years within movements and has limited potential for (11 percent), and cow pie (i.e., manure, less than 1 percent) (p. 24). There may a 164-ft-by-164-ft (50-m-by-50-m) plot, long-distance horizontal movements, be high-elevation meadows located was 19.6 ft (5.98 m), with a maximum habitat connectivity limitations could within the critical habitat units that are distance moved from original capture have profound effects on populations. site of 60.7 ft (18.5 m) (NMDGF 2000, used by the Jemez Mountains These effects could occur from p. 15). In this same study, one salamander. Currently, we do not fully increased vulnerability to genetic drift salamander was observed near the same understand how salamanders utilize (the process where small population log nearly 5 years later (NMDGF 2000, areas like meadows, where the above size causes chance alterations in the p. 16). The data from this study suggest ground vegetation component differs that Jemez Mountains salamanders genetic composition of a population by from areas where salamanders are more generally move very little (NMDGF natural selection) and inbreeding, fewer commonly encountered (e.g., forested 2000, p. 16). While the data on Jemez successful breeding opportunities, and areas); however, salamanders have been Mountains salamander movements are increased susceptibility to stochastic found in high-elevation meadows. limited because of small sample size, events (occurring in a random pattern, Salamanders are generally found in they provide important information on such as floods, fires, and tornados). association with decaying coniferous the relatively small movements made by Gene flow and population structure has logs (which they use as cover and individuals and their relatively small not been assessed in the Jemez daytime retreats), and in areas with home range, and show that, Mountains salamander, but would abundant white fir, Ponderosa pine, and occasionally, individuals can make provide useful information for Douglas fir as the predominant tree larger movements. population management and species (Reagan 1967, pp. 16–17; For another well-studied terrestrial identification of important areas to Ramotnik 1988, p. 17). Salamanders use salamander, the red-backed salamander protect in order to maintain habitat decaying coniferous logs (particularly (Plethodon cinereus), researchers have connectivity. Douglas fir logs) considerably more

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often than deciduous logs, likely due to distribution. We are aware of two fluctuate in response to environmental the physical features (e.g., blocky pieces modeling efforts that have been initiated variables (NMEST 2000b, p. 28). For this with cracks and spaces) that form as on the relationship of subsurface rock protocol, a survey is conducted for 2 coniferous logs decay (Ramotnik 1988, and soil components of salamander person-hours, with all salamanders p. 53). Still, the species may be found habitat that we anticipate will help tallied. beneath some deciduous logs and inform our understanding of the Protocol C (detailed environmental excessively decayed coniferous logs, distribution of the salamander, but these data) collects microhabitat data to because these can provide aboveground are not yet completed. In addition, characterize potential salamander habitat and cover (Ramotnik 1988, p. because microclimates where conditions habitat (NMEST 2000b, p. 28). This 53). are moist and cool are important to the protocol involves collecting data on Subsurface geology and loose rocky species, we also suspect that variables important habitat features within a 50 m soil structure may be an important that contribute to or work in concert (160 ft) by 2 m (6.6 ft) transect, in attribute of underground salamander with one another to provide moist cool addition to surveying for salamanders habitat (Degenhardt et al. 1996, p. 28). microclimates are important to the under cover objects. Geologic and moisture constraints likely species. For example, shading on hills The rangewide population size of the limit the distribution of the species. Soil provided by topography and mosaic salamander is also unknown. pH (acidity or alkalinity) may limit patterns in canopy closure provide Monitoring the absolute abundance of distribution as well. However, the shading and allow precipitation to reach plethodontid salamanders is inherently composition of this subterranean habitat the soil. difficult because of the natural variation has not been fully investigated. Everett associated with surface activity (Hyde (2003) reported that the salamander Status of the Species and Simons 2001, p. 624), which occurred in areas where soil texture was A complete overview of the available ultimately affects the probability of composed of 56 percent sandy clay survey data and protocols for the Jemez detecting a salamander. The probability loam, 36 percent clay loam, 6 percent Mountains salamander is reported in the of detection varies over space and time sandy loam, and 2 percent silty clay 12-month finding for the salamander (75 and is highly dependent upon the loam (p. 28); the overall soil bulk FR 54822; September 9, 2010). environmental and biological density ranged from 0.2 to 0.98 ounces Standardized survey protocols have parameters that drive surface activity per cubic inch (oz/in3) (0.3 to 1.7 grams been used for the salamander since 1987 (Hyde and Simons 2001, p. 624). Given per cubic centimeter (g/cm3) (p. 28); and (NMDGF 2000, p. 2), but the number the known bias of detection had average soil moisture from 4.85 to and location of surveys have been probabilities and the inconsistent 59.7 percent (p. 28). The salamander’s variable and opportunistic. Survey survey effort across years, population subterranean habitat appears to be deep, methods involve searching under size estimates using existing data cannot fractured, subterranean, igneous rock in potential cover objects (e.g., logs, rocks, be made accurately. areas with high soil moisture (New bark, moss mats) and inside In summary, we have approximately Mexico Endemic Salamander Team decomposing coniferous logs when 20 years of salamander survey data that 2000, p. 2). Many terrestrial environmental conditions are likely best provide detection information at salamanders deposit eggs in well hidden for detecting surface-active salamanders, specific survey sites for given points in sites, such as underground cavities, generally May through September, when time. The overall rangewide population decaying logs, and moist rock crevices summer monsoon rains occur. size of the Jemez Mountains salamander (Pentranka 1998, p. 6). Because the Unfortunately, methods for determining is unknown because surveys tend to be Jemez Mountain salamander spends the locations to survey salamanders over the localized (approximately 256-ft-by-256- majority of its life below ground, eggs past 20 years have not been systematic, ft areas, 200-m-by-200-m). Additionally, are probably laid and hatch and though we have conducted a like most plethodontid salamanders, underground. Although no egg clutches comprehensive review, the data have monitoring population size or trends of have been discovered in the wild, it is not been consistently available to allow the Jemez Mountains salamander is believed they are laid in the fractured comparison of the status of the inherently difficult because of the interstices of subterranean, salamander over its entire range. natural variation associated with the metamorphic rock. Three survey protocols have been in species’ behavior (Hyde and Simons Jemez Mountain salamanders lack use since 1987 (NMEST 2000b, pp. 27– 2001, p. 624). For example, when the lungs; instead, they are cutaneous 29). Protocol A (presence or absence) species is underground, they cannot be respirators (meaning they exchange has been used when attempting to detected (Hyde and Simons 2001, p. gases, such as oxygen and carbon determine whether an area is occupied 624). Therefore, the probability of dioxide, through their skin). To support (NMEST 2000b, p. 27). Following this detecting a salamander is highly cutaneous respiration its skin must be protocol, surveys cease after 2 ‘‘person- variable and dependent upon the moist and permeable. Jemez Mountain hours’’ of effort (e.g., one person environmental and biological salamanders must address hydration searching for 2 hours or two people parameters that drive aboveground and needs above all other life-history needs. searching for 1 hour) or when the first belowground activities ((i.e., moisture, The salamander must obtain its water salamander is observed, whichever temperature) Hyde and Simons 2001, p. from its habitat. In addition, it has no comes first. Because the salamander 624). Everett (2003, p. 35) noted that physiological mechanism to stop utilizes underground habitat and an areas with high percentages of area of dehydration or water loss to the unknown number of individuals may be habitat covered by decaying logs, rocks, environment. Based on this information, active at the surface, repeated surveys bark, moss mats, and stumps are it is likely that substrate moisture may be necessary to determine difficult to survey and locate through its effect on absorption and loss occupancy of a locality (NMEST 2000b, salamanders when present, and may of water is the most important factor in p. 27). bias the data toward lower percentages the ecology of this species (Heatwole Protocol B (population levels and of area covered by decaying logs, rocks, and Lim 1961, p. 818). We suspect that trends) has been used for comparing bark, moss mats, and stumps. Given the these components may be a main driver plots, monitoring trends through time, known bias of detection probabilities behind salamander occurrences and or evaluating how salamander localities (i.e., the difficulty in detecting

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salamanders when present due to being July through September. However, in also requested comments during a underground, secretive, and sparse other areas when surveys are conducted period that opened on February 12, numbers) and the inconsistent survey during optimal environmental 2013 (78 FR 9876), and closed on March effort across years, as a result of conditions, fewer or no salamanders are 14, 2013. We also contacted appropriate differences in the number of days when captured, particularly along the western Federal and State agencies, scientific surveys occurred, differences in and southern sides of the range, (New experts and organizations, and other environmental conditions, and different Mexico Heritage Program 2010a and b, interested parties and invited them to survey methods employed, population spreadsheets). An assessment of comment on the proposal. A newspaper trends and population size estimates population trends using these data notice inviting general public comment using existing data cannot be made would not be appropriate because was published in the Los Alamos accurately. estimates of detection probabilities were Monitor. We did not receive any Despite our inability to quantify not collected, and repeated surveys requests for a public hearing. population size or trends for the within the same year were not regularly salamander, these qualitative data (data conducted. Without specifically During the first comment period, we that are observable, but not measurable) accounting for detection probabilities received nine comment letters provide information for potential using repeated survey techniques, it is addressing the proposed listing of the inferences. Based on these inferences, unknown whether a trend in population Jemez Mountains salamander with the persistence of the salamander may is an actual trend or is due to a greater endangered status and the proposed vary across the range of the species. For or lesser proportion of salamanders critical habitat designation. During the example, in some localities where the present being above ground or below second comment period, we received 11 salamander was once considered ground, which is driven by comment letters addressing the abundant or common, the salamander is environmental conditions such as proposed listing of the Jemez Mountains now rarely detected or has not been temperature and moisture. For example, salamander, the proposed critical recently detected at all (New Mexico if one year a small proportion of a habitat designation, the draft Heritage Program 2010a and b, population was above ground and in the environmental assessment or the draft spreadsheets). The number of areas next year a large proportion of the economic analysis. All substantive where salamanders were once present, population was above ground, it could information provided during comment but have not been observed during more be interpreted that the number of periods has either been incorporated recent surveys, also appears to have individuals increased at that site; directly into this final determination or increased (New Mexico Heritage however, actual numbers could have addressed below. Program 2010a and b, spreadsheets). been unchanged. We have not fully Alternatively, there are two localities on explored future studies that could make Peer Review the Valles Caldera National Preserve use of the existing data; however, we In accordance with our peer review where the salamander continues to be expect that detecting overall trends will relatively abundant (Redondo Border be difficult for this species, given data policy published on July 1, 1994 (59 FR located in the central portion of the limitations, the cost of comprehensive 34270), we solicited expert opinion Valles Caldera National Preserve, and surveys and protocols to account for from seven knowledgeable individuals on a slope in the northeast portion of natural, annual, and spatial variation, with scientific expertise that included the Valles Caldera National Preserve), and the long timeframe needed to detect familiarity with the species, the compared to most other recent trends. geographic region in which the species detections at other sites. Still, the In summary, the available data cannot occurs, and conservation biology number of individuals found at the two be used to estimate population size or principles. We received responses from above referenced localities in the Valle trends in the rangewide abundance of three of the seven peer reviewers. Caldera National Preserve is far less the salamander. Although we lack We reviewed all comments received than historical reports from other areas. specific long-term population and trend from the peer reviewers for substantive For example, 659 individual information, available data and issues and new information regarding salamanders were captured outside the qualitative observations of salamanders the listing of Jemez Mountains Valle Caldera National Preserve at one at surveyed sites during wet salamander. All three peer reviewers location in Sandoval County in a single environmental conditions indicate that agreed that the information presented in year in 1970, and 394 of the 659 were salamanders are now more difficult to the proposed rule to list the Jemez captured in a single month (Williams find during most surveys than they were Mountains salamander as an 1976, p. 26). The maximum number of 20 years ago and earlier, and the number endangered species is scientifically salamanders captured rangewide is 68 of areas with surveys resulting in no sound and well researched; that the salamanders (observed in 2005). In other salamander detections is increasing. On assumptions, analyses, and conclusions words, the number of salamanders this basis, which is the best available are well reasoned; and that the observed during recent surveys is far scientific information, we conclude that information is well formulated and the less than observed in historical surveys. the Jemez Mountains salamander is in Currently, there is no known location danger of extinction throughout all of its risks or threats to the species are not where the number of salamanders range. undervalued. The peer reviewers observed is similar to that observed in provided clarifications and suggestions Summary of Comments and 1970. to improve the final rules to list the Overall, the numbers of salamanders Recommendations Jemez Mountains salamander as found at some of the localized survey We requested written comments from endangered and to designate critical areas appear to be similar from survey the public on the proposed rule during habitat. Peer reviewer comments to survey and from year to year. Surveys two comment periods. The first specifically regarding the listing of the are conducted during the period in comment period associated with the Jemez Mountains salamander are which environmental conditions for publication of the proposed rule opened addressed in the following summary salamander aboveground activity is on September 12, 2012 (77 FR 56482), and incorporated into the final rule as warm and wet, which is typically from and closed on November 13, 2012. We appropriate.

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Biology and Background Section and fire line construction, may both of salamanders at the type locality is (1) Comment: Two peer reviewers and protect and negatively impact disturbing, yet does not prove that some commenters thought additional salamanders and their habitat. The overcollecting is the cause of the decline information regarding our effects from fire suppression on the or disappearance of salamanders in understanding of the subsurface rock Jemez Mountains salamander or its specific areas. A commenter stated that and soil components of salamander habitat are unknown. Fire retardants past collection was dismissed too habitat should be included in the may affect individual salamanders and readily. The USFS commented that it habitat section. One commenter stated their habitat, but based the best was not clear if collections were from available scientific and commercial data the same sites that are used as reference that some factors, including soil pH and does not indicate that it is a threat to the sites for salamander populations, but soil bulk density, are ignored or too species as a whole. that historical collections could still be readily dismissed. (3) Comment: Two peer reviewers influencing salamander populations Our Response: Subsurface geology commented on chemical use in because of relatively low fecundity. and loose rocky soil structure may be an salamander habitat. One stated that Our Response: We believe that the important attribute of salamander chemical use may constitute a majority of collections were made at and habitat (Degenhardt et al. 1996, p. 28). significant threat to the salamander, around the general area located on the However, the composition of this implied that the lack of information southwest portion of the range of the belowground habitat has not been fully does not mean that the threat does not salamander, south of New Mexico investigated, although soils comprised affect salamanders, and suggested that Highway 4. Based on the number of of pumice or tuft generally are not effects that some chemicals used may specimens collected from this area, we suitable. The salamander’s belowground have on the salamander or its habitat believe that the impact from collections habitat appears to be deep, fractured, should be immediately studied. The here was significant and was no doubt subterranean, igneous rock in areas with other peer reviewer thought insecticides a contributing factor in the lack of high soil moisture (New Mexico used to control western spruce persistence of the salamander there. We Endemic Salamander Team 2000, p. 2). budworm (Choristoneura occidentalis) have reviewed the Overutilization for Everett (2003) reported that the and bark beetles (Dendroctonus spp., Ips Commercial, Recreational, Scientific, or salamander occurred in areas where soil spp.) should be considered in more Educational Purposes in this final rule, texture was composed of 56 percent detail. below, and made clarifications based on sandy clay loam, 36 percent clay loam, Our Response: We agree with the the information available; in some cases, 6 percent sandy loam, and 2 percent reviewers that lack of information about the source material was not clear. As silty clay loam (p. 28); the overall soil impacts to the species does not mean explained in the Overutilization for bulk density ranged from 0.2 to 0.98 there are no impacts. However, the best Commercial, Recreational, Scientific, or ounces per cubic inch (oz/in3) (0.3 to available scientific and commercial data Educational Purposes, collection of the 1.7 grams per cubic centimeter (g/cm3) does not support the claim that species is regulated by several State and (p. 28); and had average soil moisture chemical use (including fire retardant Federal regulations, and illegal from 4.85 to 59.7 percent (p. 28). Sites chemical) is currently a threat to the collection is not known or thought to be with salamanders had a soil pH of 6.6 species. Currently, we have no high. Therefore, the best available (± 0.08) and sites without salamanders information on the effects of chemical scientific and commercial data does not had a soil pH of 6.2 (± 0.06) (Ramotnik impacts on salamanders. We are not indicate that collection is presently an 1988, pp. 24–25). We have updated the aware of any broad-scale use of ongoing or future threat. relevant sections to better describe our insecticides in salamander habitat in the (6) Comment: One peer reviewer current understanding of Jemez past, which allow us to consider in stated that increased coordination Mountains salamander subsurface rock more detail. Further, we are not aware efforts on the timing and placement of and soil components. We have clarified of any broad-scale use of insecticides in salvage logging operations could the language in section ‘‘Biology’’ above, salamander habitat or proposed for the mitigate the threats posed by salvage and the ‘‘Fire Exclusion, Suppression, future, and have no reason to believe logging. Santa Clara Pueblo stated that and Severe Wildland Fires’’ section that this could be a threat in the salvage logging after wildfire can help below. We are not aware of any reliable foreseeable future. The best available alleviate the hydrophobicity (repelling information that is currently available to scientific data does not indicate that the absorption of water) of soils through us on these topics that was not chemical use is a threat to the disturbance of the soils in pulling the considered in this determination salamander. salvage logs to a landing area, and the process. (4) Comment: The data do not seem Service should be careful not to make strong enough to conclude that changes too sweeping a statement about the Threats in vegetative components alone threats posed by salvage logging. (2) Comment: One peer reviewer did constitute a threat. Guidelines could be developed for not agree with the conclusion that fire Our Response: We consider existing managing salvage logging that would suppression actions, which include the and ongoing changes in vegetation also benefit the salamander. The USFS use of fire retardants, water dropping, composition and structure to be a threat commented that there are many backfiring, and fire line construction, to the salamander because it is variables to consider regarding salvage are not a threat to the salamander. interrelated to changes in fire regimes. logging, and some measures could be Our Response: The best commercial In order to reduce the risk of large-scale taken that include salvage logging in and scientific information available at stand-replacing wildfire, management order to reduce the risk of re-burning in this time, including the Fire Retardant actions to change the current forest areas that have been burned with Biological Assessment submitted by the conditions are needed. wildfire. USFS (2011, entire), does not evaluate (5) Comment: One peer reviewer Our Response: We agree that some impacts to salamanders or their habitat stated that unregulated collection of the impacts resulting from salvage logging from fire suppression actions. Fire Jemez Mountains salamander may be in salamander habitat could be abated suppression actions, including fire more significant than credited, while through best management practices, and retardants, water dropping, backfiring, another stated that the current absence there may be certain management

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actions regarding some salvage logging Our Response: See our response to extinction throughout all of its range that could be of potential benefit to the Comment 6, above. based on the severity of threats Jemez Mountains salamander. We can (9) Comment: The USFS commented currently affecting the salamander. The provide technical assistance to develop that there are still many unknowns, threats are both current and expected to best management practices with those which lead to numerous assumptions continue in the future, and are engaged in salvage logging or timber made throughout the document and significant in that they limit all harvesting in areas that may affect the provide a clear indication that sufficient behavioral and physiological functions, salamander or its habitat. Furthermore, data does not exist to understand this including breathing, feeding, and best management practices for species’ status and needs. A public reproduction and reproductive success, minimizing or eliminating adverse commenter stated the scientific record and extend across the entire range of the effects to the salamander or its habitat accumulated to date is not sufficiently species (For full discussion, see resulting from actions such as salvage robust to warrant further regulatory Summary of Factors Affecting the logging or timber harvesting that are action. Additional data should be Species and Determination sections, funded, authorized, or carried out by collected before listing the species as below). Federal agencies can be developed endangered. The Service should (11) Comment: The proposed rule through section 7 consultation with the withdraw the proposal to list the Jemez vastly increases the area of potential Service. Mountains salamander as endangered salamander habitat through loose (7) Comment: One peer reviewer because of lack of sound scientific description of the habitat and biology. stated the assumption that an increase evidence. The proposed rule is flawed As written, the proposed rule would in the number of small-diameter trees because it relies too much on suggest any mixed conifer, Ponderosa would result in increased water demand speculation and assumption rather than pine, spruce, and aspen, essentially all required for evapotranspiration should the best scientific information available forested lands and meadows between be supported with a citation, or if the as required. 7,200 and 9,500 ft (2,194 to 2,895 m) Our Response: As required by the Act, situation is more complex, further elevation in the Jemez Mountains, to be we based our proposal and this final explanation of the complexities and salamander habitat. Clearly, that is not rule on the best available scientific and uncertainties should be made. the case and has not been the view of commercial data. We requested review the New Mexico Endemic Salamander Our Response: We clarified timber from seven scientific experts of our Team Cooperative Management Plan as harvest actions and included additional technical assumptions, analysis, evident from the conservation area information regarding some timber adherence to regulations, and whether identified in the 2000 Cooperative harvest actions and soil water (moisture) or not we had used the best available Management Plan. in this final rule under the ‘‘Forest information. We received reviews from Our Response: It is unclear what the Silvicultural Practices’’ section under three, all three peer reviewers confirmed commenter is referring to in regard to an Factor A. The Present or Threatened that the information contained within increase in the area of potential Destruction, Modification, or this rule is scientifically sound, based salamander habitat. We assume they are Curtailment of Its Habitat or Range, on a combination of reasonable facts, referring to the area of salamander below. The dynamic between tree assumptions, and conclusions, and the habitat in the New Mexico Endemic density, thinning, and soil water is a key science is well considered. We Salamander Team Cooperative ecological process, which is relevant not requested new information during the Management Plan, but that was not only to restoration efforts, but also to open public comment period and specified. The Service recognizes there salamander physiology. We strongly reviewed information in our files and are differences in the total areas support research in this area in the other available published and identified in the New Mexico Endemic Jemez Mountains. We also agree that unpublished information, and we Salamander Team Cooperative some impacts resulting from timber consulted with recognized species Management Plan and the proposed harvest and thinning in salamander experts and other Federal, State, and listing rule. This difference is due to the habitat could be abated through best tribal agencies. We must make this different purposes of identifying habitat. management practices and could also determination on the basis of the best The areas identified by the New Mexico benefit the salamander. We look forward scientific and commercial information Endemic Salamander Team in the to developing best management available at this time, and we may not Cooperative Management Plan are areas practices with those potentially engaged delay our decision until more only on National Forest lands that were in timber harvesting in areas that may information about the species and its delineated ‘‘by combining distribution affect the salamander or its habitat. habitat are available. Southwest Center data with on-the-ground knowledge of Furthermore, best management practices for Biological Diversity v. Babbitt, 215 salamander natural history and habitat for minimizing or eliminating adverse F.3d 58 (DC Cir. 2000). potentials’’ (New Mexico Endemic effects to the salamander or its habitat (10) Comment: In light of the Salamander Team 2000, p. 13) with the resulting from actions such as timber unknowns, the number of assumptions intended purpose of protecting areas harvesting that are funded, authorized, described in the proposed rule, and the known to be important to the species or carried out by Federal agencies can difficulty in detecting the salamander, it based on occupancy from actions that be developed through section 7 does not appear that there is evidence might occur there. The Cooperative consultation with the Service. to support the conclusion that this Management Plan identified 146,890 Comments from the U.S. Forest Service species is at risk of extinction (i.e., acres (ac) (59,444 hectares (ha)) of endangered) or likely to become salamander habitat on the Santa Fe (8) Comment: The USFS commented endangered throughout all or a National Forest for management and that there are many variables to consider significant portion of its range within conservation of the species (New regarding salvage logging, and some the foreseeable future (i.e., threatened). Mexico Endemic Salamander Team measures could be taken that include Our Response: Please see Our 2000, p. 14). During our process of salvage logging that reduces the risk of Response to Comment 9 above. We have determining critical habitat for the re-burning in areas that have been found that the Jemez Mountains Jemez Mountains salamander (77 FR burned with wildfire. salamander is presently in danger of 56482 September 12, 2012; 78 FR 9876

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February 12, 2013), we proposed the species. For example, in some in soil pH could be an important factor designating 56,897 ac (23,025 ha) on localities where the salamander was in plethodontid salamander biology USFS lands on which are found those once considered abundant or common, because changes in pH can affect their physical or biological features essential the salamander is now rarely detected or physiology. We have clarified the to the conservation of the species and has not been recently detected at all language of this final rule in section which may require special management (New Mexico Heritage Program 2010a ‘‘Biology’’ above, and ‘‘Fire Exclusion, considerations or protections. However, and b, spreadsheets). The number of Suppression, and Severe Wildland the occupancy status of salamander areas where salamanders were once Fires’’ below. habitat outside of the proposed critical present, but have not been observed (16) Comment: The example for habitat boundaries is not fully during more recent surveys, has also modifying fire management techniques determined and may be larger than the increased (New Mexico Heritage to include not using flares to ignite large area initially identified in the Program 2010a and b, spreadsheets). decaying logs or modifying chemical Cooperative Management Plan. Alternatively, there are two localities use in salamander habitat would (12) Comment: With the exception of on the Valles Caldera National Preserve eliminate the use of prescribed fire in the discussion of fire interval, the where the salamander continues to be salamander habitat. Almost all ignitions proposed rule makes little distinction relatively abundant (e.g., approximately require the use of chemicals, whether between dry and wet mixed conifer. 30 salamanders observed in a day each petroleum fuels in drip torches, or Therefore, it is unclear how the USFS at Redondo Border located in the central potassium permanganate in balls would manage mixed conifer stands as portion of the Valles Caldera National dropped from a helicopter. These described in the proposed rule. Preserve and on a slope in the northeast chemicals are mostly consumed in the Our Response: The proposed rule and portion of the Valles Caldera National process of getting fire on the ground and this final rule are not intended to Preserve compared to most other recent are unlikely to leave residue that could prescribe to agencies how to specifically detections throughout its range. Still, affect the salamander. manage any forest type under their the number of individuals recently Our Response: We are not suggesting purview. However, we are interested in found at the two localities on the Valles that prescribed fire be eliminated in working with land managers to find Caldera National Preserve is far less salamander habitat or that fire solutions to minimize adverse effects to than other historical records throughout management techniques be modified in threatened or endangered species and the species range. For example, in a way that would prevent the use of their habitat while conducting northeastern Sandoval County where prescribed fire in salamander habitat. management actions. In addition, we are the species was first 659 individual Prescribed fire is clearly a necessary tool interested in collaborating on actions Jemez Mountain salamanders were for managing forests in the Jemez that will help the salamander recover to captured in a single year in 1970, 394 Mountains and in salamander habitat. the point where it is no longer of which were captured in a single Furthermore, some activities, such as considered to be endangered or month (Williams 1976, p. 26). Currently, prescribed fire, can benefit the threatened. there is no known location where the salamander and its habitat. (13) Comment: The Service refers to number of salamanders observed is (17) Comment: The Service issued a the number of surveys that resulted in similar to that observed in 1970. Finally, no salamanders being found as the main all three peer reviewers confirmed that biological opinion for the Fire Retardant evidence that the species is in decline. the information contained within this Biological Assessment prepared by the Yet the USFS continues to find rule is scientifically sound, based on a USFS and should have all relevant salamanders even during poor survey combination of reasonable facts, information in their project record conditions. Recent salamander detection assumptions, and conclusions. One peer concerning whether chemicals in fire results could be influenced from reviewer specifically stated that retardants or foams are a threat to the historical overcollection, previous assumptions made in the section about salamander. survey efforts, and drought with low population abundances and trends are Our Response: We have reviewed the precipitation during the monsoon generally typical for this type of administrative record for the Fire season. Because of the multiple salamander, that the risks or threats to Retardant consultation between the variables that influence salamander the species are not undervalued, and if USFS and the Service and did not find detections, it is unclear how the Service the threats are not managed, then the information to assess whether fire can determine that salamander probability for a continued downward retardants or foams impacted the populations are declining due to current trend of this animal with extinction an salamander. Measures were put in place management while new salamander eventual outcome is foreseeable. to avoid aquatic amphibians, but no locations are detected annually (four in (14) Comment: Peer reviewers of the analyses were done for any terrestrial 2011 and three in 2012). proposed rule should include impartial amphibian. Our Response: The commenter does experts in the fields of herpetology, fire (18) Comment: The proposed rule not identify a specific survey report for ecology, and forest ecology specific to gives the widening of State Highway us to reference. We have requested the the southwest to evaluate the multitude 126 as an example of where the data, but at the time of this final rule, of assumptions. Conservation Agreement failed, yet we have not received the information. Our Response: Four of the seven peer recommendations from the New Mexico However, in the Status of the Species reviewers we requested information Endemic Salamander Team were section of this final rule, below, we state from have expertise in the fields of considered and efforts were taken to that, despite our inability to quantify herpetology, plethodontid salamander minimize effects to the Jemez population size or trends for the biology, fire ecology, and forest ecology. Mountains salamander in that area, even salamander, the qualitative data (data (15) Comment: The use of the Wyman though the Federal Highway that are observable, but not measurable) and Hawksley-Lescault (1987) citation Administration undertook the project. provide information for potential does not appear applicable to changes in The proposed rule neglects to mention inferences. Based on these inferences, soil pH from wildfire. the coordination between the New we believe that the persistence of the Our Response: The purpose of this Mexico Endemic Salamander Team and salamander may vary across the range of citation is to demonstrate that changes the USFS on projects since the signing

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of the agreement, even after the Comments From the New Mexico new partnerships to improve agreement expired in 2010. Department of Agriculture (NMDA) conservation. (22) Comment: The Service should Our Response: In regard to the (20) Comment: Listing the Jemez withdraw its proposal to list the Jemez realignment of Highway 126, action Mountains salamander will be counter- Mountains salamander as an productive to solving the problem of agencies included the Federal Highway endangered species, because critical poor watershed health in the Jemez Administration and the USFS. While watershed restoration efforts would Mountains and will slow the pace of the project was discussed with the New continue and these efforts could ongoing forest restoration work. In Mexico Endemic Salamander Team, and continue without the burdensome addition, listing could alter the State’s some efforts were made (e.g., an regulations associated with the Act. experimental salvage and relocation of ability to acquire matching funds. Our Response: Section 4 of the Act Jemez Mountains salamanders from the Our Response: Listing the Jemez and its implementing regulations (50 footprint of the realignment and felling Mountains salamander does not CFR 424) set forth the procedures for preclude forest restoration or trees as future potential cover objects in adding species to the Federal Lists of management practices, including, but areas adjacent to the road), the project Endangered and Threatened Wildlife not limited to, prescribed fire and and Plants. A species may be still resulted in a large impact thinning treatments, restoration of the (permanent and complete fragmentation determined to be an endangered or frequency and spatial extent of such threatened species due to one or more of the population and destruction of disturbances as regeneration treatments, habitat) in a small area with relatively of the five factors described in section and implementation of prescribed 4(a)(1) of the Act: (A) The present or moderate salamander densities. We natural fire management plans where analyzed the adequacy of existing threatened destruction, modification, or feasible. We consider use of such curtailment of its habitat or range; (B) conservation measures at removing or treatments to be compatible with the overutilization for commercial, reducing threats to the salamander ecosystem management of habitat recreational, scientific, or educational across the range of the species such that mosaics and the best way to reduce the purposes; (C) disease or predation; (D) listing the salamander under the Act is threats of catastrophic wildfire to Jemez the inadequacy of existing regulatory not warranted, and found that existing Mountains salamander and provide mechanisms; or (E) other natural or conservation measures are not adequate. protection for the species. In addition, manmade factors affecting its continued The Highway 126 project is an example listing the Jemez Mountains salamander existence. Listing actions may be of how conservation measures as does not preclude adaptive management warranted based on any of the above provided by the Cooperative or the incorporation of new information threat factors, singly or in combination. Management Plan are inadequate to on the interaction between natural The purpose of the Act is to protect and protect the salamander and its habitat. disturbance events and forest ecology. recover imperiled species and the Further, the Cooperative Management We continue to support sound ecosystems upon which they depend. Plan and the now expired Conservation ecosystem management and the The regulatory requirements under the Agreement only applied to a portion of maintenance of biodiversity, and we Act were determined by Congress to the range of the salamander (some will fully support land management ensure that otherwise lawful actions portions of USFS lands), applied to agencies in addressing the management that affect species listed under the Act management actions that the USFS of fire to protect and enhance natural are not likely to jeopardize the resources under their stewardship. might take, does not specifically address continued existence of those listed (21) Comment: The Service should significant threats (e.g., severe wildland species. The Service will work with partner with ongoing efforts, such as the Federal agencies during consultation, fire, climate change) or actions that Southwest Jemez Collaborative Forest could be threats if plans to minimize when required, to develop watershed Landscape Restoration Project, to restoration efforts. The Service can impacts to the salamander are not effectively improve the watershed considered (e.g., forest management provide technical assistance to non- health of the Jemez Mountains, thus Federal projects to develop best such as thinning, prescribed fire), and benefiting the salamander. management practices or alternatives. do not provide specific mechanisms to Our Response: The Service recognizes protect the species (only that the New the importance of forming and Comments From the Santa Clara Pueblo Mexico Endemic Salamander Team supporting partnerships to achieve (23) Comment: Santa Clara Pueblo is would provide discretionary mutually identified goals and objectives, very interested in restoring, promoting, recommendations). The Cooperative and agrees that strong partnerships and and sustaining healthy forest lands, Management Plan and the expired collaborations are necessary for the which will benefit the Jemez Mountains Conservation Agreement are considered restoration and conservation of our salamander. inadequate for providing protection to natural resources. We appreciate the Our Response: The Service the salamander or alleviating threats to ongoing efforts and collaborations with appreciates comments received from the salamander or its habitat. our existing partners, including Santa Clara Pueblo, welcomes members of the Southwest Jemez continued input on all aspects of Comment From Other Federal Agencies Collaborative Forest Landscape restoring, promoting, and sustaining Restoration Project, encourage our (19) Comment: A new conservation healthy forest lands in the Jemez partners to work with us to incorporate plan should be created in lieu of listing Mountains, and will continue to be specific goals and objectives for the available to provide technical assistance the salamander as an endangered protection of the Jemez Mountains as may be requested by the tribe. species. salamander and its habitat, and commit (24) Comment: Santa Clara Pueblo Our Response: The Act does not to long-term monitoring, without which stated that salvage logging after wildfire provide authority to the Service to delay it is difficult to evaluate the can help alleviate soils repelling water listing in order to wait for future, effectiveness of conservation measures through disturbance of the soils speculative conservation plans to be intended to benefit salamander. We also resulting from pulling the salvage logs developed and implemented. look forward to the establishment of to a landing area, and the Service

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should be careful not to draw the wrong reducing moisture (Petranka 1998, p. under their stewardship. We recognize conclusion about the threats posed by 16). Significant differences in habitat the importance of implementing salvage logging. Guidelines could be features (soil pH, litter depth, and log restoration projects such as the developed for managing coarse woody size) were reported between the logged Southwest Jemez Mountains debris following wildfire that include and unlogged sites (Ramotnik 1986, p. Collaborative Forest Landscape some salvage logging that would also 8). On the unlogged sites, salamanders Restoration project. We do not benefit the salamander. were associated with cover objects that anticipate significant delays resulting Our Response: See our response to were closer together and more decayed, from consultation, as there is overlap Comment 6 under Comments from Peer and that had a higher canopy cover, between salamander habitat and Reviewers, above. greater moss and lichen cover, and Mexican spotted owl habitat, which will (25) Comment: Santa Clara Pueblo lower surrounding needle cover, also require consultation under section commented that responsible timber compared to cover objects on logged 7. Nonetheless, we will work to harvesting can increase available soil sites (Ramotnik 1986, p. 8). The best minimize any potential additional moisture because transpiration of available scientific and commercial data delays that may result from the vegetation (the process by which plants does not indicate that there is an impact requirement for consultation under release moisture into the air) is to vertical underground passages. section 7. decreased and more soil moisture (28) Comment: A public commenter (30) Comment: No evidence is becomes available for residual plant stated that the scientific record presented that time above ground is growth (and the salamander). Although accumulated to date is not sufficiently necessary for the salamander life cycle. it is true that reduced shading could robust to warrant further regulatory Fallen logs are considered important in increase surface temperatures, that action. Additional data should be the rule; however, fallen logs only seem would have little effect at the root level collected before listing the species as to be convenient places searched by the or below where the salamander endangered. The Service should biologists when looking for the primarily resides. withdraw the proposal to list the Jemez salamander rather than places important Our Response: In the ‘‘Forest Mountains salamander as endangered to the salamander’s life cycle. Composition and Structure because of lack of sound scientific Our Response: Aboveground surface Conversions’’ section of this final rule, evidence. The proposed rule is flawed activity during wet surface conditions is the Service has clarified how the because it relies too much on a documented characteristic of the changes in forest composition and speculation and assumption rather than natural history of the Jemez Mountains structure impacts the salamander in its the best scientific information available salamander. Also, because stomach habitat. as required. contents consist primarily of Our Response: See our response to aboveground, ground-dwelling Public Comments Comment 9 under Comments From U.S. invertebrates, and plethodontid (26) Comment: A public commenter Forest Service, above. salamanders store fat reserves in their stated that, before the proposed rule is (29) Comment: Listing the Jemez tails for energetic use when foraging made final, agencies should jointly Mountains salamander may have the opportunities are reduced or do not review the Memorandum of Agreement unintended consequences of exist (e.g., underground), we conclude to determine whether it can be updated undermining efforts to reduce the that aboveground activity is important or revised in a way that would continue identified principal threat to the for feeding. Additionally, based on to protect the salamander without salamander, the risk of catastrophic reproductive studies (see Biology allowing it to be listed. wildfire. Listing the Jemez Mountains section of this rule), this species mates Our Response: It is unclear to what salamander as an endangered species in July and August, which coincides Memorandum of Agreement the may further slow efforts of the with the salamander’s aboveground commenter is referring. We are Southwest Jemez Mountains activity period. We, therefore, conclude assuming the commenter is referring to Collaborative Forest Landscape that time aboveground is necessary for the New Mexico Endemic Salamander Restoration project because of the foraging and mating. Cover objects, Team Cooperative Management Plan. additional regulatory requirement for including logs, are used by salamanders See our response to Comment 11 under section 7 consultation. when aboveground. As explained in the Comments From the U.S. Forest Service. Our Response: Listing of the Jemez proposed and final rules, these cover (27) Comment: Another commenter Mountains salamander does not objects provide shelter and high could not determine from the text if preclude the proactive treatments moisture retreats while salamanders are different logging practices were necessary to reduce the risk of aboveground and are necessary for distinguished, and believe that clear-cut catastrophic fire or managing forests to hydration, because overall surface logging would be detrimental to the restore them to old growth conditions. activity usually dehydrates animals. In salamander and its habitat, but that We recognize that vegetative structural addition, fallen logs may be relatively other commercial logging could be and landscape changes may require more important to the species than conducted in a way that is not. The proactive management to restore an rocks because they are able to hold threat from logging probably is real, but appropriate distribution of age classes, moisture for longer periods, and can be comes from the disruption of the control regeneration densities, and a buffer to the increased temperatures vertical underground passages more reintroduce some measure of natural resulting from habitat alterations or than from tree removal. The logging disturbance processes such as fire climate change. threat is minimal, because industry events, and will need adaptive (31) Comment: Thinning to reduce the barely exists in the area. management and the incorporation of risk of catastrophic wildfire could Our Response: As stated in our new information as it becomes impact the vertical underground proposed rule and this final rule, clear- available. We continue to support sound passages through use of machinery. cutting degrades forest floor ecosystem management, and we will Forest restoration treatments that microhabitats for salamanders by fully support land management agencies minimize impacts and maximize eliminating shading and leaf litter, in addressing the management of fire to benefits to the salamander need to be increasing soil surface temperature, and protect and enhance natural resources tested. The Service’s call for research

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into thinning techniques and their include historical fire exclusion (the act dense mid-story trees that favor effects on the salamander is strongly of preventing fire) and suppression (the development of crown fires) (Allen endorsed. act of putting out fire) and severe 2001, pp. 5–6). In fact, past fire Our Response: We agree that methods wildland fires; forest composition and exclusion activities in this area for forest restoration treatments that structure conversions; post-fire converted historically low- to moderate- have the potential to significantly affect rehabilitation; forest and fire severity fire regimes with small, patchy the salamander and its habitat should be management; roads, trails, and habitat fires to high-severity, large-scale, stand- tested to identify options that could fragmentation; and recreation. replacing fires that have the potential to minimize impacts and maximize significantly destroy or degrade Fire Exclusion, Suppression, and Severe benefits to the salamander. The Service salamander habitat (USFS 2009a, pp. 8– Wildland Fires is collaborating with the USFS, The 9). The disruption of the natural cycle Nature Conservancy, NMDGF, and In the Jemez Mountains, over 100 of fire and subsequent accumulation of others on a project to measure effects of years of fire suppression and fire continuous fuels within the coniferous prescribed fire to large downed log exclusion (along with livestock grazing forests on south- and north-facing slopes habitat components. We believe and other stressors) have altered forest has increased the chances of a severe collaborations such as this will provide composition and structure, and wildfire affecting large areas of information on maintaining important increased the threat of wildfire in salamander habitat within the Jemez salamander habitat features while Ponderosa pine and mixed-conifer Mountains (USFS 2009a, 2009b). conducting forest restoration. forests (Belsky and Blumenthal 1997, p. In recent years, prescribed fire at 318). Fire has been an important process Valles Caldera National Preserve has Summary of Changes From the in the Jemez Mountains for at least been limited, with only one burn in Proposed Rule several thousand years (Allen 1989, p. 2004 that was described as creating a During the open comment periods, we 69), indicating that the salamander positive vegetation response (ENTRIX were asked to add information to coexisted with historical fire regimes. 2009, p. 97). A prescribed fire plan is provide clarifications in some areas. We Frequent, low-intensity surface fires; expected to be developed (ENTRIX added clarifying language regarding our and patchy, small-scale (hundreds of 2009, p. 97) because of concern for understanding of habitat variables acres instead of thousands of acres), severe wildland fires to occur including subsurface rock and geology; high-intensity fires in the Jemez (Parmenter 2009, cited in Service 2010). hillshading; canopy closure as it relates Mountains historically maintained The planned Scooter Peak prescribed to microclimates; population salamander habitat. These fires spread burn between the Valles Caldera connectivity; the disease Ranavirus; the widely through grassy understory fuels, National Preserve and Bandelier current Forest Planning Rule; and or erupted on very small scales (a National Monument is a fuel-reduction timber harvest and soil moisture couple of hundred acres compared to project in occupied salamander habitat, relationships. Some information we had several hundreds or thousands of acres). but is small in scale (approximately 960 not previously considered was provided The natural fire intervals prior to the ac (390 ha)) (ENTRIX 2009, p. 2). by the USFS. This additional 1900s ranged from 5 to 25 years across Although future thinning of secondary information did not alter our threats the Jemez Mountains (Allen 2001, p. 4). growth may partially reduce the risk of assessment. Dry mixed-conifer forests burned on severe wildland fires in areas, these average every 12 years, whereas wet efforts are not likely at a sufficient Summary of Factors Affecting the mixed-conifer forests burned on average geographical scale to lessen the overall Species every 20 years. Historically, patchy threat to the salamander. Section 4 of the Act and its surface fires within mixed-conifer The frequency of large-scale, high- implementing regulations (50 CFR part forests would have thinned stands and severity, stand-replacing wildland fires 424) set forth the procedures for adding created natural fuel breaks that would has increased in the latter part of the species to the Federal Lists of limit the extent of fires. Still, in very dry 20th century in the Jemez Mountains. Endangered and Threatened Wildlife years, there is evidence of historical This increase is due to landscape-wide and Plants. A species may be fires occurring across entire watersheds, buildup of woody fuels associated with determined to be an endangered or but they did not burn with high severity removal of grassy fuels from extreme threatened species due to one or more over entire mountain sides (Jemez year-round livestock overgrazing in the of the five factors described in section Mountains Adaptive Planning late 1800s, and subsequent fire 4(a)(1) of the Act: (A) The present or Workshop Session II Final Notes 2010, suppression (Allen 1989, pp. 94–97; threatened destruction, modification, or p. 7). Aspen stands are evidence of 2001, pp. 5–6). The majority of wildfires curtailment of its habitat or range; (B) historical patchy crown fires that over the past 20 years have exhibited overutilization for commercial, represent the relatively small-scale, crown fire behavior and burned in the recreational, scientific, or educational stand-replacing fires that have direction of the prevailing south or purposes; (C) disease or predation; (D) historically occurred in the Jemez southwest winds (USFS 2009a, p. 17). the inadequacy of existing regulatory Mountains, which are also associated The first severe wildland fire in the mechanisms; or (E) other natural or with significantly dry years (Margolis et Jemez Mountains was the La Mesa Fire manmade factors affecting its continued al. 2007, p. 2236). in 1977, burning 15,400 ac (6,250 ha). existence. Listing actions may be These historical fire patterns were Subsequent fires included the Buchanon warranted based on any of the above interrupted in the late 1800s through the Fire in 1993 (11,543 ac (4,671 ha)), the threat factors, singly or in combination. elimination of fine fuels, as a result of Dome Fire in 1996 (16,516 ac (6,684 Each of these factors is discussed below. livestock overgrazing and historical ha)), the Oso Fire in 1997 (6,508 ac managed fire suppression. This (2,634 ha)), the Cerro Grande Fire in A. The Present or Threatened interruption and exclusion of fire 2000 (42,970 ac (17,390 ha)), and the Destruction, Modification, or promoted the development of high Lakes Fire Complex (Lakes and BMG Curtailment of Its Habitat or Range forest stand densities with heavy Fires) in 2002 (4,026 ac (1,629 ha)) The principal threats to the habitat of accumulations of dead and downed (Cummer 2005, pp. 3–4). Between 1995 the Jemez Mountains salamander fuel, and growth of ladder fuels (the and 2010, severe wildland fires have

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burned about 36 percent of modeled or salamander (Cummer and Painter 2007, benefit local rural economies and known salamander habitat on USFS pp. 26–37). Soil temperatures in areas of improve forest health. As a result, the lands (USFS 2009, p. 1). Following the high-severity burn exceeded the Santa Fe National Forest and partners Cerro Grande Fire, the General salamander’s thermal tolerance (the prepared the Southwest Jemez Accounting Office reported that these temperature that causes death) (Spotila Mountains Landscape Assessment conditions are common in much of the 1972, p. 97; Cummer and Painter 2007, designed to reduce the threat of severe western part of the United States pp. 28–31). Because widespread dry wildland fire in the western and turning areas into a ‘‘virtual tinderbox’’ conditions are an important factor southern part of the salamander’s range (General Accounting Office 2000, p. 15). contributing to the occurrence of severe over the next 10 years (USFS 2009, p. In 2011, the Las Conchas Fire burned wildfire, when severe wildfire occurs, 2). 150,590 ac (60,942 ha) in the Jemez most salamanders are likely protected in In 2011, this Collaborative Forest Mountains, and, until the 2012 subterranean habitat and are not killed Landscape Restoration project was Whitewater Complex Fire in directly from wildfire. However, even in selected and is eligible for up to $4 southwestern New Mexico, Las Conchas moderate and high-severity burned million per year to restore was New Mexico’s largest wildfire to areas where fires did not result in the approximately 210,000 ac (85,000 ha) of date (USFS 2011a, p. 1). The Las death of salamanders, the microhabitat forest in the southwestern Jemez Conchas Fire burned approximately conditions, such as those resulting from Mountains (USFS 2011b, pp. 1–2), but 17,780 ac (7,195 ha) of modeled or the Cerro Grande Wildfire, would limit a lack of matching funds may limit the known salamander habitat in the east, the timing and duration that the geographical extent of this project. south, and southeastern part of its range. salamanders could be active above Moreover, this project will not In the eastern portion of the ground (feeding and mating). Moreover, effectively address the short-term risk of salamander’s range, the Thompson elevated temperatures lead to increases severe wildland fire to the species Ridge Fire burned a total of 23,965 ac in oxygen consumption, heart rate, and because treatments are anticipated to be (9,698 ha) in 2013. This demonstrates metabolic rate, resulting in decreased implemented slowly, over the next that the majority of salamander habitat body water (the percentage of water in decade or more. Finally, it is unknown has either recently burned with the body) and body mass (Whitford whether the proposed treatments will uncharacteristic wildfire or that the 1968, pp. 247–251). Physiological stress effectively reduce the risk of severe threat of severe wildland fires to from elevated temperatures may also wildfire to the salamander or its habitat salamander habitat remains high, due to increase susceptibility to disease and without causing additional harm to the tons of dead and down fuel, parasites. Effects from temperature species, because measures to minimize overcrowded tree conditions leading to increases are discussed in greater detail impacts will be experimental and have poor forest health, and dense thickets of under Factor E, below. not yet been developed. We believe that small-diameter trees. There is a 36 this risk of wildfire is one of the most percent probability of having at least As discussed in the Biology section significant threats facing this species, one large fire of 4,000 ac (over 1,600 ha) above, soil pH may affect salamanders. and projects attempting to reduce the every year for the next 20 years in the Severe wildland fires typically increase threat of wildland fire will need to be southwest Jemez Mountains (USFS soil pH, which could affect the implemented over a large part of the 2009a, p. 19). Moreover, the probability salamander. Changes in soil pH landscape before significant risk of exceeding this estimated threshold of following wildfire could impact the reduction for the salamander is 4,000 ac (1,600 ha) burned in the same salamander, either by making the achieved. For these reasons, we time period is 65 percent (USFS 2009a, habitat less suitable, or through conclude that the overall risk of severe p. 19). The canyon topography in the physiological stress. The existing risk of wildland fire will not be significantly western portion of the salamander’s wildfire on the Valles Caldera National reduced or eliminated on USFS lands, range aligns with south winds and steep Preserve and surrounding areas, National Park Service lands, the Valles slopes, making this area highly including the Santa Fe National Forest, Caldera National Preserve, or susceptible to crown fire (USFS 2009a, is uncharacteristically high and is a surrounding lands in the future. pp. 24–25). Moreover, we found that the significant departure from historical Since 1977, these severe wildland risk of burning is not eliminated conditions over 100 years ago (Valles fires have significantly degraded following severe wildfires. Some areas Caldera National Preserve 2010, p. 3.1; important features of salamander that previously burned during the 2000 Allen 1989, pp. ii–346; 2001, pp. 1–10). habitat, including removal of tree Cerro Grande Fire burned again during Several regulatory attempts have been canopy and shading, increases of soil the 2011 Las Conchas Fire burning the made to address and correct the altered temperature, decreases of soil moisture, remaining forested mosaic areas and ecological balance of New Mexico’s increased pH, loss or reduction of soil dead trees left after the Cerro Grande forests resulting from a century of fire organic matter, and reduced soil Fire. suppression, logging, and livestock porosity. It also results in short-term Increases in soil and microhabitat grazing. Congress enacted the creation of hydrophobic (water- (immediate localized environment that Community Forest Restoration Act to repelling) soils because the burning of has a unique set of ecological conditions promote healthy watersheds and reduce the leaf litter, the intensity and speed of within a larger habitat) temperatures, the threat of large, high-intensity the fire and the soil type affect the which generally increase with wildfires, insect infestation, and disease ability of soils to absorb water. These increasing burn severity, can have in the forests in New Mexico (H.R. 2389, and other effects limit the amount of profound effects on salamander Pub. L. 106–393). The subsequent available aboveground habitat, and the behavior and physiology and can, Omnibus Public Land Management Act, timing and duration when salamanders therefore, influence their ability to also called the ‘‘Forest Landscape can be active above ground, which persist subsequent to severe wildland Restoration Act’’ (Title IV, Pub. L. III– negatively impacts salamander behavior fires. Following the Cerro Grande Fire, II, 2009), established a national program (e.g., movement to water balance, soil temperatures were recorded under that encourages ecological, economic, foraging, and mating) and physiology potential salamander cover objects in and social sustainability and utilization (e.g., increased dehydration, heart rate geographic areas occupied by the of forest restoration byproducts to and oxygen consumption, and increased

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energy demands). These negative processes among soil evaporation, leaf offs from disease and insect infestation impacts are greater for hatchlings and interception, runoff generation and throughout the range of the salamander juvenile salamanders because, relative redistribution, and plant water use (USFS 2002, pp. 11–13; 2009d, p. 1; to their body mass size, they have a (Breshears et al. 1998, p. 1015). Relative 2009a, pp. 8–9; 2010, pp. 1–11; Allen greater skin surface area than larger to the ground without tree canopy, the 2001, p. 6). Forest die-offs from disease salamanders, and thus have greater rates ground beneath the canopy receives or insect infestation would have similar of water and gas exchange over their reduced precipitation input due to the effects to the salamander by reducing skin surface. Survivorship of hatchlings interception of the precipitation from canopy closure and warming and drying and juveniles is likely reduced from the leaves. This also influences soil the habitat. We find that the interrelated effects of extensive stand-replacing evaporation rates (Breshears et al. 1998, contributions from changes in wildland fires. p. 1010). In a study measuring spatial vegetation due to large-scale, high- For these reasons, severe wildland variations in soil evaporation caused by severity wildfire and forest die-offs are fires have led to a reduction in the tree shading for a water-limited pine of a significant magnitude across the quality and quantity of the available forest in Israel, the authors report that range of the species (e.g., see ‘‘Fire salamander habitat rangewide, reducing the spatial variability in soil evaporation Exclusion, Suppression, and Severe the survivorship and fecundity of the correlated with solar radiation, which Wildland Fires’’ section, above), and, in salamander rangewide. The USFS was up to 92 percent higher in exposed addition to continued predicted future concludes, and we concur, that habitat compared to shaded sites, and with changes to forested habitat within the loss from extensive, stand-replacing water content, which was higher in range of the species, are threats to the wildland fire is a threat to the exposed areas during the wetting salamander. salamander (USFS 2009c, p. 1), and season, but higher in the shaded areas Data collected from the Valles Caldera these effects will likely continue into during the drying season (Raz-Yaseef National Preserve indicates that an the future, because areas that have not and Yakir 2010, p. 454). The specific increase in the amount of tree canopy burned in the past 15 years are still at results of this study are not applicable cover in an area can decrease the extremely high risk, and areas that have to the Jemez Mountains, but generally amount of snow that is able to reach the experienced severe wildfires in the last support the findings of Breshears et al. ground, and can ultimately decrease the 15 years have degraded habitat that (entire) and highlight the importance of amount of soil moisture and infiltration continues to adversely affect the the correlated factor of seasonality to all (Enquist et al. 2009, p. 8). On the Valles salamander. We consider the reduction processes. Without specific studies Caldera National Preserve, 95 percent of in the quality and quantity of habitat measuring these processes in coniferous forests have thick tree from extensive stand-replacing wildland salamander habitat, we are not able to canopy cover with heavy understory fire to be a significant threat to the determine how the changes in fuels (Valles Caldera National Preserve species, because this threat is rangewide vegetation composition and structure 2010, pp. 3.3–3.4; USFS 2009a, p. 9). In and directly kills salamanders or may have altered soil moisture, these areas, snow accumulates in the otherwise harms living salamanders by evaporation, and temperature processes, tree canopy over winter, and in the affecting salamander behavior, but we do understand that vegetation spring can quickly evaporate without physiology, and reproductive success. structure can directly influence reaching or infiltrating the soil. Therefore, we believe that severe hydrological processes that are Relatively recent increases in tree canopy cover, resulting from changes in wildland fire has substantially impacted correlated to solar radiation, the salamander and its habitat, and this forest composition and structure caused precipitation, and seasonality, as well as trend is expected to continue by historical management and fire other abiotic factors, such as soil type, throughout its range in the future, suppression, could be having significant slope, and topography. Furthermore, unless and until projects attempting to drying effects on salamander habitat. In these complex interactions should be reduce the threat of wildland fire are summary, existing and ongoing changes considered when forest restoration effectively implemented over the large in forest composition and structure are treatments that alter canopy cover are part of the landscape in the Jemez interrelated to the threat of severe conducted in salamander habitat. Mountains which includes the habitat of wildland fire and may also directly the salamander. Reduced soil moisture disrupts other affect habitat suitability by altering soil aboveground activities of salamanders moisture, soil temperature, soil pH, Forest Composition and Structure (e.g., foraging and mating), because relative humidity, and air temperature. Conversions salamanders must first address moisture Therefore, forest composition and Changes in forest composition and needs above all other life functions structure conversions resulting in structure exacerbate severe wildland (Heatwole and Lim 196, p. 818). increased canopy cover and denser fires and are, therefore, considered an Additionally, ecological changes understory pose threats to the interrelated threat to the salamander. In resulting from forest composition salamander now and are likely to addition, changes in forest composition changes could result in altered prey continue in the future. and structure may threaten the availability; however, we do not know salamander by directly altering if such changes would affect the Post-Fire Rehabilitation microhabitat conditions such as soil salamander. The type and quantity of Post-fire management practices are moisture, soil temperature, soil pH, vegetation affects soil pH (e.g., pine often needed to restore forest dynamics relative humidity, and air temperature. needles are acidic, decomposed pine (Beschta et al. 2004, p. 957). In 1971, In an area nearby to salamander habitat, needles can increase the soils acidity), USFS was given formal authority by but in pin˜ on-juniper woodland (Pinus and thus could also affect the Congress for Burn Area Emergency edulis and Juniperus monosperma) at salamander. Overall, the degree of Rehabilitation (BAER) (Robichaud et al. 7,021 ft (2,140 m) elevation in the Jemez cascading ecological impacts from shifts 2000, p. 1) and integrated the evaluation Mountains, soil moisture conditions can in forest composition and structure is of fire severity, funding request vary spatially between the ground under currently unknown; however, alteration procedures, and treatment options. tree canopy and the ground without tree of forest composition and structure Treatment options implemented by canopy resulting from the interrelated contribute to increased risk of forest die- USFS and BAER teams include hillslope

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treatments (grass seeding, contour-felled immediate cover for salamanders before al. 1999, p. 799). Finally, how mulching logs, mulch, and other methods to summer rains (Interagency BAER Team with straw post-fire affects the reduce surface runoff and keep post-fire 2000, p. 87; USFS 2001, p. 1). Similar salamander remains unknown, but this soil in place, such as tilling, temporary recommendations were made after the practice could have significant adverse fencing, erosion control fabric, straw Las Conchas Fire (BAER Survey effects if there is widespread use and wattles, lopping, and scattering of slash) Specialist Report 2011, p. 3). We believe the mulch creates an impenetrable layer and channel treatments (straw bale these actions would benefit the or alters the microecology in the upper check dams, log check dams, rock dams, salamander immediately post-fire, but layers of the soil and at the soil’s and rock cage dams (gabions)) neither of these actions have been surface. While the effects to (Robichaud et al. 2000, pp. 11–21). implemented or tested. Still, some post- salamanders from seeding with Rehabilitation actions following the fire treatments (e.g., grass seeding, nonnative grasses, use of fertilizers, or Cerro Grande fire in salamander habitat heavy equipment operation, bulldozing, mulch application have not been included heavy equipment and tilling, hydromulching (process that specifically studied, these actions, alone bulldozer operation, felling trees for broadcasts a slurry of water and mulch or in combination, have likely caused safety reasons, mulching with straw and with seed and fertilizer over an area), widespread adverse impacts to the placement of straw bales, cutting and mulching, erosion control fabrics, and salamander. To reduce adverse effects to trenching trees (contour felling and removal of aboveground rocks to build the salamander resulting from post-fire securing on slope), hand and aerial rock dams) likely negatively impacted rehabilitation efforts following the Las seeding, and aerial hydromulch (process the salamander. Conchas Fire, efforts were made to that broadcasts a slurry of water and The most common BAER treatment avoid seeding in most salamander areas mulch over an area) (USFS 2001, p. 1). has been grass seeding dropped from (USFS 2011c, p. 9) and avoiding Rehabilitation actions following the Las aircraft (Robichaud et al. 2000, p. 11; salamander habitat was a specific Conchas Fire included road protections Peppin et al. 2010, p. 574). Nonnative criterion for grass seeding and mulching (removal of culverts, installation of trash grasses have typically been seeded actions (USFS 2012, p. 3). Because racks and drainage dips); hand and because they are fast-growing and have many common post-fire treatment aerial seeding; mulching; and removal extensive fibrous roots (Robichaud et al. actions have the potential to have of trees at Native American ancestral 2000, p. 11); however, in more recent significant, widespread adverse effects, communities (USFS 2011a, pp. 7–9; years, efforts have been made to use we anticipate habitat alterations from USFS 2012, pp. 1–3). native plant species, but their use is wildfire and post-fire rehabilitation will In many cases, rehabilitation actions often limited by high cost and continue to be a threat to the can have further detrimental impacts on inadequate availability (Peppin et al. salamander localities from both past and the Jemez Mountains salamander and its 2010, p. 574). Overall, seeding with future treatments. habitat beyond what was caused by the grass is relatively inexpensive, and has In summary, some post-fire fire, but the USFS has made efforts to been reported to rapidly increase water treatments, such as contour felling of minimize such impacts (USFS 2012, pp. infiltration and stabilize soil (Robichaud logs and cutting and scattering rounds, 1–3). For instance, following the Las et al. 2000, p. 11). However, Peppin et may reduce some of the short-term Conchas Fire, rehabilitation actions in al. (2010, p. 573) concluded that post- effects of fire to the salamander and its the Jemez Mountains salamander’s wildfire seeding in western U.S. forests habitat. However, other post-fire habitat that are categorized as does little to protect soil in the short treatments negatively impact the ‘‘Essential’’ according to the Jemez term, has equivocal effect on invasion of salamander and its habitat in the long Mountains Salamander Management nonnative species, and can have term. Small-scale impacts could occur Plan or categorized as ‘‘Occupied negative effects on native vegetation from removing rocks from habitat to Stands’’ of Jemez Mountains recovery. Nevertheless, nonnative build rock dams, and large-scale salamanders by the USFS were limited grasses from post-fire rehabilitation impacts include grass seeding and to small-scale areas and included an efforts have created thick mats that are associated chemicals, and possibly estimated 4.3 ac (1.7 ha) of habitat being impenetrable to the salamander, because mulching. We conclude that, while the impacted for road protections, 7.5 ac the species has short legs and cannot dig effects of high-severity, stand-replacing (3.0 ha) that were seeded and mulched tunnels. The existing spaces in the soil wildfire are the most significant threat (for archeological site protection and fill with extensive roots, altering the to the salamander and its habitat, Nordic ski trail protection), 150 ac (60.7) subterranean habitat in a manner that is actions taken following wildfires are disturbed for hazard tree removal unusable to the salamander. We are also a threat to the salamander’s habitat (cutting trees that could be dangerous by aware of areas that burned with and are expected to continue in the falling onto a roadway), and 3.25 ac (1.3 moderate and high severities in the future. ha) of bulldozer line that was Dome Fire (eastern and southeastern Fire Use rehabilitated with slash placement or part of its range), where these thick mats seeding (USFS 2011a, pp. 7–9; USFS of grass resulting from rehabilitation Fire use includes the combination of 2012, pp. 1–3). still persist, and salamanders are no wildland fire use (the management of Some post-fire rehabilitation actions longer found there. It is possible that naturally ignited wildland fires to may be beneficial for the salamander. native grasses could have the same accomplish specific resource For example, contour felling can slow effect, because the goal of the management objectives) and prescribed erosion and, in cases where rehabilitation effort is to stabilize the fire (any fire ignited by management aboveground rocks are not present or soil with quick-growing fibrous roots. actions to meet specific objectives) present in low numbers, the felled logs Additionally, grass seed mixtures can applications to meet natural resource can also provide immediate also contain fertilizer that is broadcast objectives (USFS 2010b, p. 1). Fire use aboveground cover. Following the Cerro over large areas of habitat (e.g., can benefit the salamander in the long Grande Fire, the BAER Team hydromulch used in post-fire treatments term by reducing the risk of severe recommended felling large-diameter for the Cerro Grande Fire). Fertilizers wildland fires and by returning the Douglas fir logs and cutting four disks can contain nitrate, which is toxic to natural fire cycle to the ecosystem. off each log (rounds) to provide amphibians at certain levels (Rouse et Other fire practices, such as broadcast

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burning (i.e., conducting prescribed injure salamanders that are active above have fewer impacts than a severe fires over large areas), consume ground ground. Alternatively, the salamander’s wildland fire. Therefore, we do not find litter (leaves, dead plants, etc.) that habitat may benefit if seasonal that fire suppression activities are a helps to create moist conditions and restrictions and maintaining key habitat threat to the salamander’s habitat, nor stabilize soil and rocky slopes. features (e.g., large logs and sufficient do we expect them to become a threat Depending on time of year, fire use can canopy cover to maintain moist in the future. also negatively impact the salamander microhabitats) are part of managing fire. Mechanical Treatment of Hazardous when the species is active above ground Given the current condition of forest Fuels (typically from July to September). composition and structure, the risks of However, the wet conditions required severe wildland fire on a large Mechanical treatment of hazardous for salamander aboveground activity are geographic scale will take a long-term fuels refers to the process of grinding or often not conducive to fire. Prescribed planning strategy. Fire use is critical to chipping vegetation (trees and shrubs) fire in the Jemez Mountains is often the long-term protection of the to meet forest management objectives. planned for the fall (when the salamander’s habitat, although some When these treatments are used, salamanders are not active above practices are not beneficial to the resprouting vegetation often grows back ground), because low wind and species and may be a threat to the in a few years and subsequent treatment increased moisture during this time salamander. is needed. Mechanical treatment is a fuel-reduction technique that may be allow more control, lowering chances of Fire Suppression Activities the fire’s escape. Because fire used alone or in combination with historically occurred prior to July (i.e., Similarly, fire suppression activities prescribed fire. Mechanical treatment premonsoon rains), the majority of fires may both protect and negatively impact may include the use of heavy equipment likely preceded the salamander’s the salamander and its habitat. For or manual equipment to cut vegetation aboveground activity. Prescribed fires example, fire suppression actions that (trees and shrubs) and to scrape slash conducted after September, when occurred in salamander habitat during and other debris into piles for burning salamanders typically return to their the Cerro Grande Fire included hand or mastication. Mastication equipment subterranean retreats, would be similar line construction and bulldozer line uses a cutting head attached to an to a natural fire regime in the spring construction (digging firebreaks down to overhead boom to grind, chip, or crush with low direct impacts because most bare mineral soil), backfiring (burning wood into smaller pieces, and is able to salamanders are subterranean at that off heavy ground cover before the main treat vegetation on slopes up to 35 to 45 time. However, the indirect impacts of fire reached that fuel source), and fire percent, while generally having little altering the time of year when fire is retardant drops (USFS 2001, p. 1). Fire ground impact (soil compaction or present on the landscape on the suppression actions in modeled disturbance). The debris is left on the salamander and its habitat are salamander habitat on the Santa Fe ground where it decomposes and unknown. National Forest following the Las provides erosion protection, or it is Other activities related to fire use that Conchas Fire included 1.2 miles (mi) burned after drying out. may have negative impacts to the (1.9 kilometers (km)) of bulldozer line, Mechanical treatment of hazardous salamander and its habitat include 0.6 mi (0.9 km) of hand line, 1.2 mi (1.9 fuels, such as manual or machine digging fire lines, targeting the km) of fire retardant drop, and 1.5 ac thinning (chipping and mastication), reduction of large decaying logs, and (0.6 ha) of areas cleared for three drop may cause localized disturbances to the using flares and fire-retardant chemicals points and one Medivac area (USFS forest structure or alter ecological in salamander habitat. Some impacts or 2011d, pp. 1–2). Water dropping from interactions at the soil surface that can stressors to the salamander can be helicopters is another fire suppression impact the salamander and its habitat. avoided through seasonal timing of technique used in the Jemez Mountains, For example, removal of overstory tree prescribed burns and modifying where water is collected from accessible canopy or ground cover within objectives (e.g., leaving large-diameter streams, ponds, or stock tanks. Dropping salamander habitat may cause logs and mixed canopy cover) and by surface water into terrestrial habitat desiccation of soil or rocky substrates. modifying fire management techniques significantly increases the risk of Also, a layer of masticated material (e.g., not using flares or chemicals) in spreading aquatic pathogens into could change microhabitat conditions salamander habitat (Cummer 2005, pp. terrestrial habitats (see C. Disease and making it unsuitable for salamanders 2–7). Predation, below). (e.g., altering fungal communities or As part of the Southwest Jemez The impacts of fire retardants and physically making it difficult for Restoration Project proposal, the Santa firefighting foams to the salamander are salamanders to move through). Fe National Forest has set specific goals discussed under E. Other Natural or Additionally, tree-felling or use of heavy pertaining to salamander habitat, Manmade Factors Affecting Its equipment has the potential to disturb including reduction of the risk of high- Continued Existence, below. Fire the substrate, resulting in intensity wildfire in salamander habitat, suppression actions, including the use destabilization of rocky slopes and and retention of a moisture regime that of fire retardants, water dropping, compaction of soil, which may reduce will sustain high-quality salamander backfiring, and fire line construction, subterranean interstices (spaces) used habitat (USFS 2009a, p. 11). The Santa likely impact the salamander’s habitat; by salamanders for refuges or Fe National Forest intends to minimize however, the effects of habitat impacts movement. impacts to salamander habitat and to from fire suppression on the salamander Activities that compact soil, alter work toward recovery of the salamander remain unknown, and, based on the ecological interactions at the soil (USFS 2009, p. 4), but specific actions information available at this time, we surface, remove excessive canopy cover, or recommendations to accomplish this determine that fire suppression actions or are conducted while salamanders are goal have not yet been determined. If do not appear to be a threat to the aboveground active would be the salamander’s needs are not salamander’s habitat. These activities detrimental to the salamander and its considered, fire use could make its improve the chances of quick fire habitat. A masticator is one type of habitat less suitable (warmer; drier; suppression, and thus fires would be heavy machinery that can be used for fewer large, decaying logs), and kill or relatively smaller in scale and could mechanical treatment of fuels that could

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potentially compact the soil and leave salamander and its habitat through the objects on logged sites were less debris altering the soil surface ecology. absence of large-diameter trees that, decomposed and accessible by the In one study at a different location, a when they fall and decompose, provide salamanders, had a shallower masticator was operated on existing skid high-quality aboveground habitat, surrounding litter depth, and were trails (temporary trails used to transport through the contribution of high fuels associated with a more acidic soil than trees, logs, or other forest products) and increasing the risk of large-scale stand- were cover objects on the unlogged sites did not increase soil compaction, replacing wildfire, and cascading effects (Ramotnik 1986, p. 8). Based on the because the machinery traveled on on soil moisture and temperature. differences between logged and existing trails covered with masticated From 1935 to 1972, logging unlogged sites, we believe that logging materials (wood chips, etc.), which (particularly clear-cut logging) was can destroy or modify the Jemez more evenly distributed the weight of conducted on Valles Caldera National Mountains salamander’s habitat in such the machinery and reduced soil Preserve (ENTRIX 2009, p. 164). These a way that it becomes uninhabitable or compaction (Moghaddas and Stephens timber activities resulted in about 50 less suitable for the species. 2008, p. 3,104). However, studies in the percent of Valles Caldera National Consistent with the findings of Jemez Mountains and effects to soils Preserve being logged, with over 1,000 Ramotnik (1986, p. 8), deMaynadier and there have not been conducted. mi (1,600 km) of 1960s-era logging roads Hunter (1995; in Olson et al. 2009, p. 6) At this time, we do not have any (ENTRIX 2009, p. 164) being built in reviewed 18 studies and found that specific information whether winding and spiraling patterns around salamander abundance after timber mechanical treatments, including hills (ENTRIX 2009, pp. 59–60). On the harvest was 3.5 times greater on control mastication, negatively impact the Valles Caldera National Preserve, 95 (unlogged) areas than in clear-cut areas. salamander either through altering percent of forest stands contain dense Furthermore, Petranka et al. (1993; in aboveground habitat or soil compaction. thickets of small-diameter trees, creating Olson et al. 2009, p. 6) found that We encourage research on these a multi-tiered forest structure (Valles Plethodon abundance and richness in techniques if they are to be Caldera National Preserve 2010, pp. 3.3– mature forest were five times higher implemented in salamander habitat. If 3.4). This multi-tiered forest structure is than in recent clear-cut areas, and they mechanical treatment and hazardous similar to surrounding areas, and estimated that it would take as much as fuels activities are conducted in a provides ladder fuels that favor the 50 to 70 years for clear-cut populations manner that minimizes impacts to the development of crown fires (as opposed to return to pre-clearcut levels. We do salamander and its habitat, while to high-intensity, habitat-destroying not know the amount of time it might reducing the risk of severe wildland fire, ground fires) (Allen 2001, pp. 5–6; take for Jemez Mountains salamanders the salamander could ultimately benefit USFS 2009a, p. 10). Additionally, all to recover from habitat alterations from the reduction in the threat of forest types on the Valles Caldera resulting from clear-cut logging, severe wildland fire and the National Preserve contain very few late- particularly because of concurrent and improvement in the structure and stage mature trees greater than 16 in (41 ongoing factors affecting forest stand composition of the forest. However, cm) dbh (less than 10 percent of the conditions (e.g., fire suppression, mechanical treatments could also pose a overall cover) (Valles Caldera National livestock grazing, changes in vegetation threat to the salamander and its habitat Preserve 2010, pp. 3.4, 3.6–3.23). The composition and structure). if conducted in a manner that degrades lack of large trees is an artifact of The majority of Jemez Mountains habitat or makes it unusable to the intense logging, mostly from clear- salamander habitat has been heavily salamander. Finally, if salamanders are cutting practices in the 1960s (Valles logged, which has resulted in changes in active above ground, any of these Caldera National Preserve 2010, p. 3.4). stand structure, including a paucity of activities could crush any salamanders Clear-cutting degrades forest floor large-diameter trees. This lack of large- present. We are not aware of any microhabitats for salamanders by diameter trees means that there is a specific large-scale mechanical eliminating shading and leaf litter, limited source for future large, decaying treatments in salamander habitat; increasing soil surface temperature, and logs that provide high-quality (e.g., however, mastication is an option for reducing moisture (Petranka 1998, p. relatively cool, high-moisture diurnal treatments in the Southwest Jemez 16). retreats) aboveground habitat. Ramotnik Restoration Project area. We do not have In a study comparing four logged sites (1986, p. 12) reported that logs with information indicating that mechanical and five unlogged sites in Jemez salamanders were significantly larger treatments pose a threat to the Mountains salamander habitat, and wetter than those logs without salamander. Ramotnik (1986, p. 8) reports that a total salamanders, and most salamanders of 47 salamanders were observed at four were found in well-decomposed logs. In Forest Silvicultural Practices of the five unlogged sites, while no a similar plethodontid salamander, Many areas of the landscape in the salamanders were observed on any of downed logs provide refuge from Jemez Mountains have been fragmented the logged sites. We do not know if warmer temperatures and resiliency by past silvicultural practices (the care salamanders actually occupied the from impacts that can warm and dry and cultivation of forest trees) including logged sites prior to logging, but habitat (Kluber et al. 2009, p. 31). In commercial (trees greater than 9 inches significant differences in habitat summary, areas where large-diameter (in) (23 centimeteres (cm)) in diameter features (soil pH, litter depth, and log trees have been removed have less high- at breast height (dbh)) and size) between the logged and unlogged quality salamander habitat features and precommercial (trees less than 9 in (23 sites were reported (Ramotnik 1986, p. no material for future high-quality cm) dbh) timber harvesting. Much of the 8). On the unlogged sites, salamanders salamander habitat features. forests of the Jemez Mountains lack were associated with cover objects that On the Valles Caldera National large-diameter trees and have become were closer together and more decayed, Preserve, only minor selective logging overgrown with small-diameter trees. and that had a higher canopy cover, has occurred since 1972, and it is While salamanders still occupy areas greater moss and lichen cover, and expected that some thinning of where timber harvesting has occurred, lower surrounding needle cover, secondary growth forests will continue the effects of past silvicultural practices compared to cover objects on logged to occur to prevent severe wildfires. continue to adversely affect the sites (Ramotnik 1986, p. 8). Cover However, no commercial logging is

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proposed or likely in the foreseeable habitat by immediately providing slash (removal of trees less than 9 in (23 cm) future (Parmenter 2009b, cited in and fallen logs (USFS 2003, pp. 4–5). dbh) or shrub and brush removal Service 2010). Although commercial Mitigation for the salvage logging (without the use of herbicides) to timber harvest on the Santa Fe National project included conducting activities control vegetation, and without Forest has declined appreciably since during winter to avoid soil compaction disturbing or compacting large areas of 1988 (Fink 2008, pp. 9, 19), the effects (as the ground is more likely to be the surrounding soils, likely could be from historical logging and associated frozen and hard at that time), and conducted without adverse effects to the roads (see Roads, Trails, and Habitat providing for higher snag retention (by salamander or its habitat. Fragmentation below) will continue to leaving all Douglas fir trees (16 percent Similarly, some fuels treatment be a threat to the salamander. fire-killed trees) and 10 percent of other actions, such as thinning in areas The historical clear-cut logging large snags) to provide future fallen log around at-risk human communities practices in the Jemez Mountains have habitat (USFS 2003, p. 29). These could be conducted in a manner that likely led to significant habitat loss for mitigation measures were developed in would pose no threat to the salamander. the salamander. The cutting has consultation with the New Mexico For example, Clayton et al. (2009, contributed to current stand conditions Endemic Salamander Team in an effort entire) provides specific guidelines on (high fuels), and the forest lacks large- to minimize impacts to the Jemez fuels treatments to manage for the diameter trees for future high-quality Mountains salamander from salvage persistence and protection on the aboveground cover objects. We believe logging; however, the New Mexico Siskiyou Mountains salamander that that the effects from historical, clear-cut Endemic Salamander Team include maintaining certain habitat logging are currently affecting the recommended that salvage logging be features and address specific activity salamander and its habitat, and will excluded from occupied salamander mitigations. We anticipate continue to do so in the future. habitat because it was not clear that, implementation of similar guidelines for Salvage cutting (logging) removes even with the additional mitigations, it the Jemez Mountains salamander will dead, dying, damaged, or deteriorating would meet the conservation objectives alleviate any potential threat from fuels trees while the wood is still of the Cooperative Management Plan treatment action around at-risk merchantable (Wegner 1984, p. 421). (New Mexico Endemic Salamander communities. Sanitation cutting, similar to salvage, Team 2003, p. 1). In summary of forest silvicultural removes the same kinds of trees, as well The mitigation measures would likely practices, impacts from past commercial as those susceptible to attack from biotic benefit the salamander in the short term clear-cut logging activities continue to pests (Wegner 1984, p. 421). Both types if conducted without salvage logging, or have detrimental effects to the of cutting occur in the Jemez Mountains possibly with some salvage logging. It is salamander and its habitat. These past salamander’s habitat, and are referred to not known if mitigation measures offset activities removed large-diameter trees, as ‘‘salvage logging.’’ Salvage logging is the impacts of salvage logging in altered forest canopy structure, created a common management response to salamander habitat; however, roads, compacted soil, and disturbed forest disturbance (Lindenmayer et al. Lindenmayer et al. (2008, p. 13) reports other important habitat features. These 2008, p. 4) and, in the salamander’s that salvage logging interferes with effects of historical clear-cutting logging habitat, is most likely to occur after a natural ecological recovery and may include the warming and drying of forest die-off resulting from fire, disease, increase the likelihood and intensity of habitat, and a paucity of large cover insects, or drought. The purposes for subsequent fires. We believe that objects (decaying logs) that would have salvage logging in the Jemez Mountains removal of trees limits the amount of contributed to habitat complexity and have included firewood for local use, future cover and allows additional resiliency. Salvage logging further timber for small and large mills, salvage warming and drying of habitat. The diminishes salamander habitat before decay reduces the economic potential for large-scale forest die-offs subsequent to disturbance. Therefore, value of the trees, creation of diverse from wildfire, insect outbreak, disease, we conclude that the salamander healthy and productive timber stands, or drought is high in the Jemez continues to face threats from current management of stands to minimize Mountains, which may result in future forest silvicultural practices, including insect and disease losses (USFS 1996, p. salvage logging in salamander habitat. salvage logging. These actions are 4), and recovery of the timber value of We believe that if the needs of the smaller in scale relative to the range of fire-killed trees (USFS 2003, p. 1). When salamander are not considered and the species, and we are not aware of any conducted in the salamander’s habitat, provided for during salvage logging proposals to salvage-log the large area of salvage logging can further reduce the actions in salamander habitat, then the Las Conchas burn area. However, quality of the salamander’s habitat salvage logging would further diminish the habitat-warming and drying effect of remaining after the initial disturbance, habitat quality and may be a these actions may cause additional by removing or reducing the shading determining factor of salamander detrimental disturbance to habitat in afforded by dead standing trees (Moeur persistence subsequent to forest die-off. areas burned by severe wildfire. We also and Guthrie 1984, p. 140) and future Some timber harvest activities likely conclude that the salamander continues salamander cover objects (removal of pose no threat to the continued to face threats resulting from the habitat- trees precludes their recruitment to the existence of the Jemez Mountains related effects of historical logging forest floor), and by interfering with salamander. For example, removal of activities because high-quality, high- habitat recovery (Lindenmayer et al. trees that may pose a safety hazard may moisture retreats are presently fewer, 2008, p. 13). have minimal disturbance to and future opportunities for high- Recent salvage logging within the surrounding soils or substrates, quality, high-moisture retreats will be range of the Jemez Mountains especially if removal is conducted when extremely rare. Because all salamander salamander occurred following the 2002 the species is not active above ground life functions and activities are based on Lakes and BMG Wildfire. The USFS (i.e., seasonal restrictions). This type of the individual’s water balance, limiting stated that mitigation measures for the localized impact may affect a few opportunities for hydration affects all Lakes and BMG Wildfire Timber individuals, but it is not likely to affect other aspects of survival and Salvage Project would further protect a population or be considered a threat. reproduction, greatly contributing to the the salamander and enhance salamander Likewise, precommercial thinning risk of extinction. This significant threat

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is occurring now and will continue into ha) include the Pajarito Ski area, where January 1982, because Unocal’s the future. the habitat is already developed and predictions concerning the size of unlikely to be suitable for the geothermal resources were not met. Out Dams salamander in the long term (see of the 40 wells drilled in the Valles Following the 2000 Cerro Grande Fire, Recreation, below). The remaining areas Caldera National Preserve in the water retention dams were constructed of private lands occur as noncontiguous Redondo Creek and Sulphur Springs within potential salamander habitat to scattered parcels. However, some areas, only a few yielded sufficient minimize soil erosion within burned private lands, as well as areas with resources to be considered production areas (NMDGF 2001, p. 1; New Mexico salamander habitat on the Santa Fe wells (USFS 2007, p. 126). In some Endemic Salamander Team 2002, pp. 1– National Forest, could be developed for cases, these wells were drilled in the 2; Kutz 2002, p. 1). Because these types private use (USFS 1997, pp. 1–4; USFS salamander’s habitat and concrete well of structures were installed to slow 1998, pp. 1–2). pads were built. erosion subsequent to wildfire, Development can destroy and Although the geothermal resources additional dams or flood control fragment the salamander’s habitat are found within the range of the features could be constructed within through the construction of homes and salamander in the Jemez Mountains, salamander habitat in the future associated infrastructure (e.g., roads, extraction of large quantities of hot following severe wildland fires. Some driveways, and buildings), making those fluids from these rocks has proven individual salamanders may be killed or areas unusable to salamanders and difficult and not commercially viable injured by this activity; however, the likely resulting in mortalities to (USFS 2007, p. 127). As such, we are impact to the species and habitat from salamanders within those areas. not aware of any current or future plans construction of retention dams would be Furthermore, as the human population to construct large or small-scale relatively minor. For this reason, we do continues to increase in the Jemez geothermal power production projects not consider the construction of dams to Mountains, we believe development within salamander habitat. Moreover, in currently be a significant threat to the will likely continue to directly affect the 2006, the mineral rights on the Valles salamander, nor do we expect dam salamander and its habitat in the future. Caldera National Preserve were construction to be a threat to the species These activities will likely be in the condemned, including geothermal in the future. form of new housing and associated resources (VallesCaldera.com 2010, p. Mining roads and infrastructure. Although we 1). For these reasons, geothermal anticipate some loss and degradation of development does not present a current Pumice mining activities (e.g., Copar habitat from these activities, salamander or future threat to the salamander. Pumice Company, the Copar South Pit habitat on private lands is smaller and Roads, Trails, and Habitat Pumice Mine, and the El Cajete Pumice more isolated than we thought prior to Fragmentation Mine) have been evaluated for impacts our GIS analysis. Moreover, we found to the salamander (USFS 1995, pp. 1– very few salamander occurrences on Construction of roads and trails has 14; 1996, pp. 1–3). Pumice mines are private lands. For these reasons, we historically eliminated or reduced the located within areas of volcanic believe that private residential quality or quantity of salamander substrate that are unlikely to support development has the potential to impact habitat, reducing blocks of native salamanders (USFS 2009c, p. 2). the salamander and its habitat, but does vegetation to isolated fragments, and However, associated infrastructure from not constitute a significant threat to the creating a matrix of native habitat expansion of the El Cajete Mine, such as species. islands that have been altered by access roads and heavy equipment varying degrees from their natural state. staging areas, may have the potential to Geothermal Development Allen (1989, pp. 46, 54, 163, 216–242, be located in potential salamander A large volcanic complex in the Jemez and 302) collected and analyzed habitat. Although no decision on Mountains is the only known high- changes in road networks (railroads, authorizing the extension to the El temperature geothermal resource in paved roads, improved roads, dirt roads, Cajete Mine has been made (USFS 2009, New Mexico (Fleischmann 2006, p. 27). and primitive roads) in the Jemez p. 2), these activities would be small in Geothermal energy was explored for Mountains from 1935 to 1981. scale and not likely considered a threat possible development on the Valles Landscape-wide road density increased to the species, either currently or in the Caldera National Preserve between 1959 11.75 times, from 0.24 mi (0.38 km) of future. and 1983 (USFS 2007, p. 126). In July road per mi2 (2.6 km2) in 1935, to 2.8 1978, the U.S. Department of Energy, mi (4.5 km) of road per mi2 (2.6 km2) Private (Residential) Development Union Oil Company of California in 1981, and in surface area of from 0.13 In our 12-month finding (75 FR (Unocal), and the Public Service percent (610 ac; 247 ha) to 1.7 percent 54822; September 9, 2010), we found Company of New Mexico began a (7,739 ac; 3,132 ha) (Allen 1989, pp. that residential development was a cooperative geothermal energy project 236–240). Allen (1989, p. 240) reports threat to the salamander, because we (USFS 2007, p. 126). The demonstration that, of 5,246 mi (8,443 km) of roads in visually assessed salamander project drilled 20 exploratory wells over the Jemez Mountains in 1981, 74 occurrences on a map and it appeared the next 4 years. One of the geothermal percent were mapped on USFS lands that private lands contained development locations was south of (2,241 mi; 3,607 km) and private lands substantially sized, contiguous areas of Redondo Peak on the Valles Caldera (1,646 mi; 2,649 km). These roads salamander habitat, with the potential National Preserve, and the canyon in generally indicate past logging activity for future development. However, after this area was occupied by the of USFS and private lands (Allen 1989 conducting a GIS (Geographical salamander (Sabo 1980, pp. 2–4). An p. 236). Information System) analysis for the Environmental Impact Statement Ongoing effects of roads and their final critical habitat determination to be analyzed a variety of alternatives, construction on the Valles Caldera published soon in the Federal Register, including placement of transmission National Preserve may exceed the we found that only 3 percent (2,817 ac towers and lines (U.S. Department of effects of the timber harvests for which (1,140 ha) of the total modeled habitat Energy cited in Sabo 1980, pp. 2–5). the roads were constructed (Balmat and are private lands, of which 719 ac (291 Nevertheless, the project ended in Kupfer 2004, p. 46). The majority of

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roads within the range of the 2009, p. 426). Moreover, by creating likely impede salamander movement. salamander are unpaved, and the edge effects, roads can reduce the Alternatively, severe erosion caused by compacted soil typically has very low quality of adjacent habitat by increasing heavy trail use by motorcycles or OHVs infiltration rates that generate large light and wind penetration, exposure to in some places formed trenches amounts of surface runoff (Robichaud et pollutants, and the spread of invasive approximately 2 ft wide by 2 to 3 ft deep al. 2010, p. 80). Increasing runoff, species (Marsh et al. 2005, pp. 2004– (0.6 m wide by 0.6 to 0.9 m deep), decreasing infiltration, and increasing 2005). Due to the physiological nature of which would likely prevent salamander edge effects (open areas along roads) has terrestrial salamanders, they are movement, fragment local populations, led to the drying of adjacent areas of sensitive to these types of microclimate and trap salamanders that fall into the salamander habitat. alterations, particularly to changes to trenches. Therefore, OHVs and The construction of roads and trails temperature and moisture (Moseley et motorcycles could severely impact the (motorized vehicle, bicycle, and foot al. 2009, p. 426). Generally, more salamander’s habitat. trails) degrades habitat by compacting salamanders are observed with On November 9, 2005 (70 FR 68264), soil and eliminating interstitial spaces increasing distance from some edge the USFS issued the Travel Management above and below ground. Roads are types, which is attributed to reduced Rule that requires designation of a known to fragment terrestrial moisture and microhabitat quality system of roads, trails, and areas for salamander habitat and act as partial (Moseley et al. 2009, p. 426). motor vehicle use by vehicle class and, barriers to movement (deMaynadier and On the western part of the species’ if appropriate, by time of year. As part Hunter 2000, p. 56; Marsh et al. 2005, range, road construction on New Mexico of this effort, the USFS inventoried and p. 2004). Furthermore, roads and trails State Highway 126 around the town of mapped roads and motorized trails, and reduce or eliminate important habitat Seven Springs occurred in occupied is currently completing a Final features (e.g., lowering canopy cover or salamander habitat in 2007 and 2008. Environmental Impact Statement to drying of soil) and prevent gene flow Measures were implemented by the change the usage of some of the current (Saunders et al. 1991, p. 25; Burkey USFS to reduce the impact of these road system within the range of the 1995, pp. 527, 528; Frankham et al. construction activities on salamanders, salamander. The Santa Fe National 2002, p. 310; Noss et al. 2006, p. 219). including limiting construction to times Forest is attempting to minimize the Vehicular and off-highway vehicle when salamanders would not be active amount of authorized roads or trails in (OHV) use of roads and trails can kill or above ground (October through June) known occupied salamander habitat and injure salamanders. We consider the and felling of approximately 300 trees in will likely prohibit the majority of establishment of roads and trails to be the project area to replace large woody motorized cross-country travel within a threat that will likely continue to debris that was being used by the the range of the species (USFS 2009c, p. impact the salamander and its habitat, salamander but removed by the road 2; USFS 2010c p. 95). Nevertheless, by increasing the risk of extirpation of construction. However, these measures closing some areas to OHV use, the some localities. only offered some protection for magnitude of impacts in areas open to Road clearing and maintenance salamanders and their habitat outside OHV use in salamander habitat will be activities can also cause localized the project footprint. The rerouting and greater (New Mexico Endemic adverse impacts to the salamander from construction of Highway 126 went Salamander Team 2008, p. 2). We scraping and widening roads and through the middle of a large acknowledge that some individual shoulders or maintaining drainage salamander population where 24 ac (9.7 salamanders may be killed or injured by ditches or replacing culverts. These ha) of salamander habitat were directly vehicles and OHVs, and that OHV use activities may kill or injure individuals impacted by this project (USFS 2009c, impacts salamander habitat. However, through crushing by heavy equipment. p. 2). This project destroyed and made we believe the Santa Fe National Forest Existing and newly constructed roads or unusable the 24 ac (9.7 ha). Also, the is attempting to minimize impacts to the trails fragment habitat, increasing the project fragmented the occupied salamander and its habitat. chances of extirpation of isolated salamander habitat remaining outside of Furthermore, we believe that the revised populations, especially when movement the 24-ac (9.7-ha) footprint, because the travel management regulations will between suitable habitats is not possible new road has a nearly vertical cut bank reduce the impact of motorized vehicles (Burkey 1995, p. 540; Frankham et al. and salamanders will not be able to on the salamander and its habitat by 2002, p. 314). Isolated populations or cross it. Continued maintenance of State providing a consistent policy that can be patches are vulnerable to random Highway 126 in the future will likely applied to all classes of motor vehicles, events, which could easily destroy part involve the use of salts for road de-icing, including OHVs. We consider of or an entire isolated population, or and increase the exposure of adjacent unmanaged OHV and motorcycle use to decrease a locality to such a low number areas to chemicals and pollution from be a threat to the salamander, but with of individuals that the risk of vehicular traffic. Habitat fragmentation the implementation of the forthcoming extirpation from human disturbance, of and subsequent edge effects due to management of motorized trails on the natural catastrophic events, or genetic this road construction project have Santa Fe National Forest, the threat will and demographic problems (e.g., loss of reduced the quality and quantity of be greatly reduced. genetic diversity, uneven male to female salamander habitat in this part of its In summary, the extensive roads that ratios) would increase greatly (Shaffer range. currently exist in the Jemez Mountains 1987, p. 71; Burkey 1995, pp. 527, 528; In 2007, the New Mexico Endemic have significantly impacted the Frankham et al. 2002, pp. 310–324). Salamander Team concluded that salamander and its habitat due to the Terrestrial salamanders are impacted impacts from OHVs and motorcycles possible death and injury of by edge effects, typically adjacent to were variable depending on their salamanders; fragmentation and roads and areas of timber harvest, location relative to the salamander’s population isolation; habitat loss; because microclimate conditions within habitat. Because the width of a trail is habitat modification near road edges; forest edges often exhibit higher air and generally smaller than a road, canopy and in some cases, increased exposure soil temperatures, lower soil moisture, cover typically remains over trails. In to chemicals, salts, and pollution. Roads and lower humidity, compared to some cases (e.g., flat areas without associated with private development are interior forested areas (Moseley et al. deeply cut erosion), the trails do not most likely to be constructed or

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expanded in the future in the southern hiking trails and a fishing lake (ENTRIX there are future plans to modify or and eastern portions of the species’ 2009, p. 92). expand the existing ski area. range, because this part of the species’ Campgrounds and associated parking The Jemez Mountains are currently range has the most private land. Also, lots and structures have likely impacted heavily used for recreational activities, new roads may also be constructed the salamander’s habitat through and, as human populations in New through Federal lands within the modification of small areas by soil Mexico continue to expand, demand for salamander’s range, but such compaction and vegetation removal. recreational opportunities in the Jemez construction is unlikely because the Similarly, compaction of soil from Mountains will likely increase. Santa Fe National Forest is attempting hiking or mountain biking trails has Individually, recreational activities that to reduce roads and road usage in the modified a relatively small amount of are small in scale, such as hunting, Jemez Mountains. Roads and trails have habitat. The majority of these trails hiking, fishing, or dispersed camping significantly fragmented habitat and likely do not act as barriers to are not considered as threats; however, likely reduced persistence of existing movement or create edge effects similar the additive nature of recreational salamander localities. Therefore, we to roads, because they are narrow and activities that include or contribute to consider roads, trails, and the resulting do not reduce canopy cover. However, activities that are larger in scale, such as habitat fragmentation to be a threat to similar to OHV trails, deeply eroded off-road use and ski area expansions, are the Jemez Mountains salamander and its mountain bike trails could act as considered a threat to the species. habitat now and in the future. barriers and entrap salamanders. Therefore, we conclude that recreational The Pajarito Ski Area in Los Alamos activities are currently a threat to the Recreation County was established in 1957 and salamander, and will continue to be a The Jemez Mountains are heavily expanded through 1994. Ski runs were threat in the future. used for recreational activities that constructed within salamander habitat. impact the species, including camping, A significant amount of high-quality Livestock Grazing hiking, mountain biking, hunting, and habitat (north-facing mountain slopes Historical livestock grazing skiing; OHV use is addressed above. with mixed-conifer forests and many contributed to changes in the Jemez Located in the southwestern Jemez salamander observations (New Mexico Mountains ecosystem by removing Mountains is the Jemez National Heritage Program 2010a and b, understory grasses, contributing to Recreation Area. The Jemez National spreadsheets) was destroyed with altered fire regimes and vegetation Recreation Area comprises 57,650 ac construction of the ski areas, and the composition and structure, and (23,330 ha) and is managed by the USFS runs and roads have fragmented and increasing soil erosion. Livestock for the promotion of fishing, camping, created a high proportion of edge areas. grazing generally does not occur within rock climbing, hunting, and hiking. Nevertheless, surveys conducted in salamander habitat, because cattle Nearly 1.6 million people visit the 2001 in two small patches of forested concentrate outside of forested areas Jemez National Recreation Area for areas between ski runs detected where grass and water are more recreational opportunities each year salamanders (Cummer et al. 2001, pp. abundant. We have no information that (Jemez National Recreation Area 2002, 1–2). Most areas between runs remain indicates livestock grazing is a direct or p. 2). Despite an existing average road unsurveyed. However, because of the indirect threat to the salamander or its density of approximately 2.5 mi (4.0 large amount of habitat destroyed, the habitat. However, small-scale habitat km) of road per mi2 (2.6 km2) on the extremely small patch sizes that remain, modification, such as livestock trail Jemez National Recreation Area, off- and relatively high degree of edge establishment or trampling in occupied road use continues to occur, resulting in effects and fragmentation, the salamander habitat, is possible. The new roads being created or salamander will likely not persist in USFS and Valles Caldera National decommissioned roads being reopened these areas in the long term. Preserve manage livestock to maintain (Jemez National Recreation Area 2002, Adjacent to the downhill ski runs are fine grassy fuels, and should not limit pp. 10–11). cross country ski trails. These trails are low-intensity fires in the future. Using current population and travel on USFS land, but maintained by a Although some small-scale habitat trends, the potential visitation demand private group. In 2001, trail modification is possible, livestock are on the Valles Caldera National Preserve maintenance and construction with a managed to maintain a grassy forest is between 250,000 and 400,000 visits bulldozer was conducted by the group understory. Therefore, we do not per year (ENTRIX 2009, p. 93). Of this in salamander habitat during consider livestock grazing to be a projection, the Valles Caldera National salamander aboveground activity period current threat to the salamander’s Preserve is expected to realize 120,000 (New Mexico Endemic Salamander habitat, nor do we anticipate that it will visitors per year by the year 2020 Team 2001, p. 1). Trail maintenance was be in the future. (ENTRIX 2009, p. 94). To put this in reported as leveling all existing ski trails context, from 2002 to 2007 the Valles with a bulldozer, which involved Conservation Plans Designed To Protect Caldera National Preserve averaged substantial soil disturbance, cutting into Salamander Habitat about 7,600 visitors per year (ENTRIX slopes as much as 2 ft (0.6 m), filling The New Mexico Endemic 2009, p. 13). Bandelier National other areas in excess of 2 ft (0.6 m), Salamander Cooperative Management Monument, which has a smaller widening trails, and downing some Plan and Conservation Agreement were proportion of salamander habitat large trees (greater than 10 in (25 cm) completed in 2000 (see Previous Federal relative to the Santa Fe National Forest dbh), ultimately disturbing Actions section in the proposed listing or Valles Caldera National Preserve, approximately 2 to 5 ac (1 to 2 ha) of rule for the Jemez Mountains attracts an average annual visitation of occupied salamander habitat (Sangre de salamander (77 FR 56482; September more than 250,000 people (ENTRIX Christo Audubon Society 2001, pp. 2– 12, 2012). These are nonregulatory 2009, p. 92). Fenton Lake State Park in 3). This type of trail maintenance, while documents and were intended to be a the western part of the species’ range salamanders were active above ground, mechanism to provide for conservation also contains salamander habitat. The may have resulted in direct impacts to and protection and preclude listing the park received more than 120,000 salamanders, and further fragmented Jemez Mountains salamander under the visitors on its 70 ac (28 ha) containing and dried habitat. We do not know if Endangered Species Act, as amended,

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(U.S. General Accounting Office 1993, and managing the salamander, these stringently regulated through permits p. 9). The goal of these documents was efforts have been ineffective in issued by NMDGF and the USFS (see to ‘‘. . . provide guidance for the preventing ongoing loss and they are not Factor D, below). Due to these measures, conservation and management of sufficient to ameliorate or remove this we do not believe that collection will be sufficient habitat to maintain viable threat. We, therefore, determine that the a threat in the future. populations of the species’’ (New present or threatened destruction, Survey techniques associated with Mexico Endemic Salamander 2000, p. modification, or curtailment of habitat scientific inquiries and monitoring the i.). The intent of the agreement was to and range represents a current salamander can alter salamander habitat protect the salamander and its habitat significant threat to the salamander, and by disturbing and drying the areas on lands administered by the USFS; will continue to do so in the future. underneath the objects that provide however, they have been ineffective in cover, and by destroying decaying logs B. Overutilization for Commercial, preventing the ongoing loss of as a result of searching inside them. Recreational, Scientific, or Educational salamander habitat, and they are not Beginning in 2011, the Service, NMDGF, Purposes expected to prevent further declines of and other partners are hosting annual the species. The Conservation Between 1960 and 1999, nearly 1,000 training workshops to train surveyors on Agreement and the Cooperative salamanders were collected from the techniques that will minimize adverse Management Plan do not meet the wild for scientific or educational effects to salamanders and their habitat, criteria of the Policy for Evaluation of purposes (Painter 1999, p. 1). The including replacing cover objects as Conservation Efforts policy because the majority (738 salamanders) were they were found and leaving part of Cooperative Management Plan covers collected between 1960 and 1979 every log intact; however, impacts will only a portion of the range of the (Painter 1999, p. 1). Since 1999, very still occur. When surveys are dispersed salamander, the Agreement is expired, few salamanders have been collected, over multiple intervening years, impacts and the Cooperative Management Plan and all were collected under a valid are likely lessened; however, when a lacks specificity for conservation permit, issued by either NMDGF or location is repeatedly surveyed, habitat actions, and lacks certainty that USFS. This species is difficult to quality is diminished. We are aware of conservation measures will be maintain in captivity, and we know of a few locations that have received implemented or effective. no salamanders in the pet trade or in impacts from repeated surveys for Nonetheless, the New Mexico captivity for educational or scientific demographic studies conducted by Endemic Salamander Team continues to purposes. NMDGF, but those studies have since meet to discuss management actions in In 1967, salamanders were only concluded (NMDGF 2000, p. 1). We are salamander habitat, mitigation known from seven localities (Reagan currently working with the NMDGF, the recommendations for actions occurring 1967, p. 13). Only one of these localities USFS, and other partners on a survey in salamander habitat, and research (the ‘‘Type Locality’’ in the southern protocol testing the efficacy of artificial needs. Inadequate personnel and portion of the salamanders range) was cover objects to further minimize financial resources appear to be the described as having an ‘‘abundant impacts to the salamander and its greatest limiting factor in salamander salamander population’’ (Reagan 1967, habitat. conservation efforts. p. 8). The species was originally We do not have any recent evidence Also, Los Alamos National Laboratory described using specimens collected of threats to the salamander from has a Best Management Practices from this population, which is located overutilization for commercial, document whereby they have in the southern portion of the species’ recreational, scientific, or educational committed to, whenever possible, range (Stebbins and Reimer 1950, pp. purposes, and we have no reason to retaining trees in order to maintain 73–80). Many researchers went to this believe this factor will become a threat greater than 80 percent canopy cover, site for collections and studies. Reagan to the species in the future. Therefore, and avoiding activities that either (1967, p. 11) collected 165 salamanders based on a review of the available compact soils or dry habitat (Los from this locality between 1965 and information, we do not consider Alamos National Laboratory 2010, p. 7). 1967, whereas Williams collected an overutilization for commercial, additional 67 of 659 salamanders found recreational, scientific, or educational Summary at this locality in 1970 (1972, p. 11). The purposes to be a threat to the In summary of Factor A, the Jemez information regarding the disposition of salamander now or in the future. Mountains salamander and its habitat the 659 salamanders in this study is experience threats from historical and unclear, and it is possible more of these C. Disease or Predation current fire management practices; individuals were collected. Nonetheless, The amphibian pathogenic fungus severe wildland fire; forest composition an unspecified but ‘‘large percentage’’ of Batrachochytrium dendrobatidis (Bd) and structure conversions; post-fire the nearly 1,000 collected salamanders was found in a wild-caught Jemez rehabilitation; forest management were reported from the ‘‘Type Locality’’ Mountains salamander in 2003 on the (including silvicultural practices); (Painter 1999, p. 1) and deposited as east side of the species’ range and again roads, trails, and habitat fragmentation; museum specimens around the country. in another Jemez Mountains salamander and recreation. Because these threats Although surveys have been conducted in 2010 on the west side of the species’ warm and dry habitat, they affect all at this locality since the 1990s, no range (Cummer et al. 2005, p. 248; behavioral and physiological functions salamanders have been found, Pisces Molecular 2010, p. 3). of the species, and ultimately reduce the suggesting that salamanders in the area Batrachochytrium dendrobatidis causes survivorship and reproductive success may have been extirpated from the disease chytridiomycosis, whereby of salamanders across the entire range of overcollection. We are not aware of any the Bd fungus attacks keratin in the species, greatly impacting the other localities where the species has amphibians. In adult amphibians, salamander and its habitat. Further, been extirpated from overcollection. keratin primarily occurs in the skin. The these significant threats are occurring Nevertheless, it is possible that repeated symptoms of chytridiomycosis can now and are expected to continue in the collections of individuals can lead to include sloughing of skin, lethargy, future. While conservation plans and extirpation. We believe this is no longer morbidity, and death. Chytridiomycosis agreements have the goal of conserving a threat, because collections are has been linked with worldwide

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amphibian declines, die-offs, and sampling and studies are needed. We transmission to Jemez Mountains extinctions, possibly in association with intend to continue monitoring for the salamanders is unclear. climate change (Pounds et al. 2006, p. prevalence of Bd in the salamander to We are not aware of any unusual 161). determine if disease rises to a level of predation outside of what may normally In New Mexico, Bd has caused a threat to the salamander now or in the occur to the species by predators such significant population declines and future. as snakes (Squamata) (Painter et al. local extirpations in the federally Ranavirus is another emerging 1999, p. 48), shrews (Soricidae), skunks threatened Chiricahua leopard frog infectious disease of potential concern (Mephitidae), black bears (Ursus (Lithobates chiricahuensis) (USFWS for the Jemez Mountains salamander. americanus), and owls (Strigiformes). 2007, p. 14). It is also implicated in the Pathogens belonging to the genus In summary, we have no information decline of other leopard frogs and the Ranavirus are multi-host (Schock et al. indicating that predation is a threat to disappearance of the boreal toad (Bufo 2008, p. 133) and in conjunction with the Jemez Mountains salamander now boreas) from the State (NMDGF 2006, p. Bd are considered the two dominant or in the future. Also, the best available 13). Prior to the detection of Bd in the disease factors in global amphibian information does not indicate that Jemez Mountains salamander, Bd was declines (Muths et al. 2012, p. 2). Like disease is a threat to the salamander’s considered an aquatic pathogen Bd, ranaviruses are effectively continued existence now, but it could (Longcore et al. 1999, p. 221; Cummer transmitted in water, and infection and be a threat in the future. However, et al. 2005, p. 248). The salamander disease varies among host species and additional sampling and studies are does not have an aquatic life stage and developmental stages, ranavirus isolate needed. is strictly terrestrial; thus, the mode of types, co-evolution factors, and transmission of Bd remains unknown. It D. The Inadequacy of Existing environmental factors (Miller et al. Regulatory Mechanisms is possible that the fungus was 2011, p. 2351). In a targeted study in transported by other amphibian species Great Smokey Mountains National Park, State Regulations that utilize the same terrestrial habitat. Tennessee, the prevalence of Ranavirus New Mexico State law provides some Both the tiger salamander (Ambystoma in lungless salamanders of the family tigrinum) and the boreal chorus frog protection to the salamander. The Plethodontidae was assessed. Ranavirus salamander was reclassified by the State (Pseudacris maculata) are amphibians was found in all 10 species tested, that have aquatic life stages and share of New Mexico from threatened to including one species of Plethodon. endangered in 2005 (NMDGF 2005, p. terrestrial habitat with the Jemez While the Jemez Mountains salamander Mountains salamander. In California, Bd 2). This designation provides protection has not been tested for the presence of has been present in wild populations of under the New Mexico Wildlife Ranavirus, and the pathogenicity of another strictly terrestrial salamander Conservation Act of 1974 (i.e., State ranaviruses to plethodontid since 1973, without apparent Endangered Species Act) (19 NMAC salamanders remains unknown (Gray et population declines (Weinstein 2009, p. 33.6.8) by prohibiting direct take of the al. 2009, p. 318), this pathogen may 653). species without a permit issued from Cummer (2006, p. 2) reported that pose a threat to the Jemez Mountains the State. The New Mexico Wildlife noninvasive skin swabs from 66 Jemez salamander. Similar to Bd, however, is Conservation Act defines ‘‘take’’ or Mountains salamanders, 14 boreal a lack of sufficient sampling to ‘‘taking’’ as harass, hunt, capture, or kill chorus frogs, and 24 tiger salamanders definitely conclude that Ranavirus is a any wildlife or attempt to do so (17 from the Jemez Mountains were all threat; additional sampling and studies NMAC 17.2.38). In other words, New negative for Bd. Approximately 30 are needed. Finally, because both Bd Mexico’s classification as an endangered additional Jemez Mountains and Ranavirus have the potential to be species only conveys protection from salamanders have been tested through significant threats to the salamander, collection or harm to the animals 2010, resulting in the second biosecurity measures should be strictly themselves without a permit. New observation of Bd in the salamander. followed by field personnel to prevent Mexico’s statutes are not designed to Overall, sampling for Bd from Jemez transmission of the pathogens among address habitat protection, indirect Mountains salamanders has been populations. effects, or other threats to these species, limited and only observed on two Indirect effects from livestock and one of the primary threats to the salamanders. The observation of Bd in activities may include the risk of aquatic salamander is the loss, degradation, and the salamander indicates that the disease transmission from earthen stock fragmentation of habitat, as discussed in species is exposed to the pathogen and ponds that create areas of standing Factor A. There is no provision for could acquire infection; however, surface water. Earthen stock tanks are formal consultation process to address whether the salamander will get or is often utilized by tiger salamanders, the habitat requirements of the species susceptible to chytridiomycosis remains which are known to be vectors for or how a proposed action may affect the unknown. Although Bd can be highly disease (i.e., they can carry and spread needs of the species. Because most of infectious and can lead to disease and disease) (Davidson et al. 2003, pp. 601– the threats to the species are from effects death, the pathogenicity of Bd and 607). Earthen stock tanks can also to habitat, protecting individuals, amphibians varies greatly among and concentrate tiger salamanders, without addressing habitat threats, will within amphibian species. increasing chances of disease dispersal not ensure the salamander’s long-term Bd may be a threat to the Jemez to other amphibian species. Some tiger conservation and survival. Mountains salamander, because we salamanders use adjacent upland areas Although the New Mexico State know that this disease is a threat to and may transmit disease to Jemez statutes require the NMDGF to develop many other species of amphibians, and Mountains salamanders in areas where a recovery plan that will restore and the pathogen has been detected in the they co-occur. However, we do not have maintain habitat for the species, the salamander. Currently, there is a lack of enough information to draw conclusions Jemez Mountains salamander does not sufficient sampling to definitely on the extent or role tiger salamanders have a finalized recovery plan. The conclude that Bd is a threat, but the best may play in disease transmission. The Wildlife Conservation Act (N.M. Stat. available information indicates that it connection between earthen stock tanks Ann. §§ 17–2–37–46 (1995)) states that, could be a threat, and additional for livestock and aquatic disease to the extent practicable, recovery plans

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shall be developed for species listed by contribute to maintaining a viable E. Other Natural or Manmade Factors the State as threatened or endangered. population of a species of conservation Affecting Its Continued Existence While the species does not have a concern across its range where it is not Chemical Use finalized recovery plan, NMDGF has the within the USFS’s authority or is authority to consider and recommend beyond the inherent capability of the The salamander has the potential to actions to mitigate potential adverse plan area (68 FR 21162; April 9, 2012). be impacted by chemical use. Chemicals effects to the salamander during its We do not have a schedule for the are used to suppress wildfire and for noxious weed control. Because the review of development proposals. Forest Plan revisions on the Santa Fe salamander has permeable skin, and However, there is no requirement to National Forest. As the Forest Plan is respiration occurs through the skin and follow the State’s recommendations, as revised, it is unclear whether the 2012 was demonstrated during the physiological functions are carried out planning requirements will provide with its skin, it may be susceptible if it construction and realignment of adequate protection of the salamander Highway 126, when NMDGF made comes in contact with fire retardants or on National Forest System lands. In the recommendations to limit impacts to the herbicides. Chemicals may impact interim, the Forest Plans will continue salamander and its habitat, but none of individual salamanders and their the measures recommended were to operate under the 1982 planning rule. habitat, but based the best available incorporated into the project design The Santa Fe National Forest will scientific and commercial data does not (New Mexico Game Commission 2006, continue developing biological indicate that it is a threat to the species pp. 12–13) (see A. Present or evaluation reports and conducting as a whole. Many of these chemicals Threatened Destruction, Modification, analyses under the National have not been assessed for effects to or Curtailment of the Species’ Habitat or Environmental Policy Act (42 U.S.C. amphibians, and none have been Range section, above). 4321 et seq.) for each project that will assessed for effects to terrestrial affect the salamander or its habitat. As amphibians. We do not currently have Federal Regulations noted above, the Santa Fe National information that chemical use is a threat Under the Federal Land Policy and Forest may implement treatments under to the salamander. Management Act of 1976 (43 U.S.C. the Collaborative Forest Landscape Prior to 2006 (71 FR 42797, July 28, 1701 et seq.) and the National Forest Restoration project that, if funded and 2006), fire retardant used by the USFS Management Act of 1976 (16 U.S.C. effective, have the potential to reduce contained sodium ferrocyanide, which 1600 et seq.), the USFS is directed to the threat of severe wildland fire in the is highly toxic to fish and amphibians prepare programmatic-level southern and western part of the (Pilliod et al. 2003, p. 175), but its management plans to guide long-term salamander’s range over the next 10 impacts on terrestrial salamanders is not known. In 2000, fire retardant was used resource management decisions. years (USFS 2009c, p. 2). At this time, in salamander habitat for the Cerro However, in practice, the provisions of matching funding for the full Grande Fire, but we have no these statutes that require consideration implementation of the project is not of rare species have not been able to information on the quantity or location certain, nor is it likely to address short- address the threats to the Jemez of its use (USFS 2001, p. 1). While term risk of severe wildland fire. While Mountains salamander. sodium ferrocyanide is no longer used The Jemez Mountains salamander has the Regional Forester’s sensitive species by USFS to suppress wildfire, similar been on the Regional Forester’s designation provides for consideration retardants and foams may still contain Sensitive Species List since 1990 (USFS of the salamander during planning of ingredients that are toxic to the 1990, 1999, p. 14; 2007, p. 1), the same activities, it does not preclude activities salamander. Beginning in 2010, the time period when the species was being that may harm salamanders or their USFS began phasing out the use of reviewed for listing under the Act, as habitats on the Santa Fe National Forest. ammonium sulfate because of its amended (See Previous Federal Actions In summary, while the New Mexico toxicity to fish and replacing it with above). The Regional Forester’s Wildlife Conservation Act provides ammonium phosphate (USFS 2009e, p. Sensitive Species List policy is applied some protections for the Jemez 1), which may have adverse effects to to projects implemented under the 1982 Mountains salamander, specifically the salamander. We do not have any National Forest Management Act against take, it is not designed nor scientific reports indicating whether the Planning Rule (49 FR 43026, September intended to protect the salamander’s chemicals currently used in fire 30, 1982). habitat, and one of the primary threats retardants or foams adversely impact All existing plans continue to operate terrestrial salamanders, but it is to the salamander is the loss, under the 1982 Planning Rule and all of possible. degradation, and fragmentation of its associated implementing regulations The USFS is in the process of and policies; however, all new plans habitat. Further, while NMDGF has the completing an Environmental Impact and plan revisions must conform to the authority to consider and recommend Statement regarding the use of new 2012 planning requirements (68 FR actions to mitigate potential adverse herbicides to manage noxious or 21162; April 9, 2012). As Forest Plans effects to the salamander during review invasive plants (Orr 2010, p. 2). are revised under this new planning of development proposals, there is no Chemicals that could be used include requirement, National Forests will requirement to follow these 2,4,D; Clopyralid; Chorsulfuron; develop coarse-filter plan components, recommendations. With respect to Dicamba; Glyphosate; Hexazinone; and fine-filter plan components where Federal protections, the salamander has Imazapic; Imazapyr; Metasulfuron necessary, to contribute to the recovery been on the Regional Forester’s Methyl; Sulfometuron Methyl; Picloram; of listed species and conserve proposed Sensitive Species List since 1990 (USFS and Triclopyr (Orr 2010, p. 2). We and candidate species (68 FR 21162; 1990), but while this designation reviewed the ecological risk assessments April 9, 2012). National Forests will also provides for consideration of the for these chemicals at http:// provide the desired ecological salamander during planning of www.fs.fed.us/foresthealth/pesticide/ conditions necessary to maintain viable activities, it does not prevent activities risk.shtml, but found few studies and populations of species of conservation that may harm salamanders or their data relative to amphibians. We found a concern within the plan area, or to habitats on the Santa Fe National Forest. single study for Sulfometuron Methyl

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conducted on the African clawed frog elevations of the Jemez Mountains, field evaluations, the species appeared (Xenopus laevis) (an aquatic frog not continued temperature increases and to be in a dehydrated state. If the species native to the United States). This study precipitation decreases could threaten has difficulty maintaining adequate skin resulted in alterations in limb and organ the viability of the species over its entire moisture (e.g., see Wiltenmuth 1997, pp. development and metamorphosis range. ii–122), it will likely spend less time (Klotzbach and Durkin 2004, pp. 4–6, 4– Climate simulations of the Palmer being active. As a result, energy storage, 7). The use of chemicals listed above by Drought Severity Index (PSDI) (a reproduction, and long-term persistence hand-held spot treatments or roadside calculation of the cumulative effects of would be reduced. spraying (Orr 2010, p. 2) in occupied precipitation and temperature on Wiltenmuth (1997, p. 77) reported salamander habitat could result in surface moisture balance) for the rates of dehydration and rehydration impacts to the salamander. Because of Southwest for the periods of 2006–2030 were greatest for the Jemez Mountains the lack of toxicological studies of these and 2035–2060 show an increase in salamander compared to the other chemicals, we do not have information drought severity with surface warming. salamanders, and suggested greater skin indicating that these chemicals pose a Additionally, drought still increases permeability. While the adaptation to threat to the salamander. However, we during wetter simulations because of the relatively quickly rehydrate and will continue to evaluate whether these effect of heat-related moisture loss dehydrate may allow the salamander to chemicals are a threat to the (Hoerling and Eicheid 2007, p. 19). more quickly rehydrate when moisture salamander. Annual average precipitation is likely to becomes available, it may also make it decrease in the Southwest as well as the more susceptible and less resistant to Climate Change length of snow season and snow depth longer dry times because it also quickly Our analyses under the Endangered (International Panel on Climate Change dehydrates. Dehydration affects the Species Act include consideration of (2007b, p. 887). Most models project a salamander by increasing heart rate, ongoing and projected changes in widespread decrease in snow depth in oxygen consumption, and metabolic rate climate. The terms ‘‘climate’’ and the Rocky Mountains and earlier (Whitford 1968, p. 249), thus increasing ‘‘climate change’’ are defined by the snowmelt (International Panel on energy demand, limiting movements Intergovernmental Panel on Climate Climate Change 2007b, p. 891). Exactly (Wiltenmuth 1997, p. 77), increasing Change (IPCC). ‘‘Climate’’ refers to the how climate change will affect concentration and storage of waste average and variability of different types precipitation is less certain, because products (Duellman and Trueb 1986, p. of weather conditions over time, with 30 precipitation predictions are based on 207), decreasing burst locomotion years being a typical period for such continental-scale general circulation (stride length, stride frequency, and measurements, although shorter or models that do not yet account for land speed) (Wiltenmuth 1997, p. 45), and longer periods also may be used use and land cover change effects on sometimes causing death. Moisture- (International Panel on Climate Change climate or regional phenomena. stressed salamanders prioritize 2007, p. 78). The term ‘‘climate change’’ Consistent with recent observations in hydration over all else, thereby reducing thus refers to a change in the average or climate changes, the outlook presented salamander survival and persistence. variability of one or more measures of for the Southwest and New Mexico Additional impacts from dehydration climate (e.g., temperature or predict warmer, drier, drought-like could include increased predation precipitation) that persists for an conditions (Seager et al. 2007, p. 1181; because burst locomotion is impaired extended period, typically decades or Hoerling and Eischeid 2007, p. 19). (which reduces ability to escape) and longer, whether the change is due to McKenzie et al. (2004, p. 893) suggest, increased susceptibility to pathogens natural variability, human activity, or based on models, that the length of the resulting from depressed immunity from both (International Panel on Climate fire season will likely increase further physiological stress of dehydration. Any Change 2007, p. 78). Various types of and that fires in the western United of these factors, alone or in changes in climate can have direct or States will be more frequent and more combination, could lead either to the indirect effects on species. These effects severe. In particular, they found that fire reduction or extirpation of salamander may be positive, neutral, or negative and in New Mexico appears to be acutely localities, especially in combination they may change over time, depending sensitive to summer climate and with the threats of habitat-altering on the species and other relevant temperature changes and may respond activities, as discussed under Factor A. considerations, such as the effects of dramatically to climate warming. The International Panel on Climate interactions of climate with other Plethodontid salamanders have a low Change (2007, pp. 12–13) predicts that variables (e.g., habitat fragmentation) metabolic rate and relatively large changes in the global climate system (International Panel on Climate Change energy stores (in tails) that provide the during the 21st century will very likely 2007, pp. 8–14, 18–19). In our analyses, potential to survive long periods be larger than those observed during the we use our expert judgment to weigh between unpredictable bouts of feeding 20th century. For the next two decades, relevant information, including (Feder 1983, p. 291). Despite these a warming of about 0.4 degrees uncertainty, in our consideration of specializations, terrestrial salamanders Fahrenheit (°F) (0.2 degrees Celsius (°C)) various aspects of climate change. must have sufficient opportunities to (per decade is projected (International Habitat drying affects salamander forage and build energy reserves for use Panel on Climate Change 2007, p. 12). physiology, behavior, and viability; will during periods of inactivity. As The Nature Conservancy of New Mexico affect the occurrence of natural events salamander habitat warms and dries, the analyzed recent changes in New such as fire, drought, and forest die-off; quality and quantity of habitat decreases Mexico’s climate. Parts I and II of a and will increase the risk of disease and along with the amount of time that three-part series have been completed. infection. Trends in climate change and salamanders could be active above In Part I, the time period 1961–1990 was drought conditions have contributed to ground. Wiltenmuth (1997, pp. ii–122) used as the reference condition for temperature increases in the Jemez concluded that the Jemez Mountains analysis of recent departures (1991– Mountains, with a corresponding salamanders likely persist by utilizing 2005; 2000–2005). This time period is decrease in precipitation. Because the moist microhabitats and they may be consistent with the baseline used by the salamander is terrestrial, constrained in near their physiological limits relative National Oceanic and Atmospheric range, and isolated to the higher to water balance and moist skin. During Administration and the International

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Panel on Climate Change for presenting Climate Change Summary adversely affects the Jemez Mountains 20th-century climate anomalies and In summary, we find that current and salamander and its ability to carry out generating future projections (Enquist future effects from warmer climate normal behavior (foraging and and Gori 2008, p. 9). In Part II, trends conditions in the Jemez Mountains reproduction). Furthermore, historical silvicultural in climate water deficit (an indicator of could reduce the amount of suitable practices removed most of the large- biological moisture stress, or drying), salamander habitat, reduce the time diameter Douglas fir trees from the snowpack, and timing of peak stream period when the species can be active Jemez Mountains, and this change flows were assessed for the period of above ground, and increase the moisture affects the salamander now and will 1970–2006 (Enquist et al. 2008, p. iv). demands and subsequent physiological continue to do so in the future, because The Nature Conservancy of New Mexico stress on salamanders. Warming and a lack of these trees results in a lack of concludes the following regarding drying trends in the Jemez Mountains the highest quality cover objects climate conditions in New Mexico and currently are threats to the species, and the Jemez Mountains: available to Jemez Mountains these threats are projected to continue salamanders now and in the future. For (1) Over 95 percent of New Mexico into the future. other related plethodontid salamanders, has experienced average temperature Determination these types of cover objects were an increases; warming has been greatest in important component in providing Section 4 of the Act (16 U.S.C. 1533), the Jemez Mountains (Enquist and Gori resiliency from the effects of factors that and its implementing regulations at 50 2008, p. 16). warm and dry habitat, such as climate CFR part 424, set forth the procedures (2) Ninety-three percent of New change (See Factor A). Mexico’s watersheds experienced for adding species to the Federal Lists Finally, this species has a restricted increasing annual trends in moisture of Endangered and Threatened Wildlife range within one small mountain range stress during 1970–2006, that is, they and Plants. Under section 4(a)(1) of the in northern New Mexico, with no have become relatively drier (Enquist et Act, we may list a species based on (A) movement or expansion potential to al. 2008, p. iv). The present or threatened destruction, other areas outside of its current range. modification, or curtailment of its (3) Snowpack has declined in 98 This species is not able to tolerate the habitat or range; (B) Overutilization for hot dry conditions at lower elevations percent of sites analyzed in New commercial, recreational, scientific, or Mexico; the Jemez Mountains has that completely surround the Jemez educational purposes; (C) Disease or Mountains and occupies habitat to the experienced significant declines in predation; (D) The inadequacy of snowpack (Enquist et al. 2008, p. iv). highest elevations in this mountain existing regulatory mechanisms; or (E) range. Within its occupied habitat (4) In the period 1980–2006, the Other natural or manmade factors where habitat features are continuous, timing of peak runoff from snowmelt affecting its continued existence. Listing Jemez Mountains salamander occurred 2 days earlier than in the actions may be warranted based on any observations are often isolated. Within 1951–1980 period (Enquist et al. 2008, of the above threat factors, singly or in the restricted habitat of the Jemez pp. 9, 25). combination. Mountains, this species likely makes (5) The Jemez Mountains have We have carefully assessed the best only very small movements. We are experienced warmer and drier scientific and commercial information aware of only three populations, the two conditions during the 1991–2005 time available regarding the past, present, in Valles Caldera National Preserve period (Enquist and Gori 2008, pp. 16, and future threats to the Jemez mentioned earlier and one in Alamo 17, 23). Mountains salamander. Habitat loss, Canyon, that have higher relative degradation, and modification through (6) The Jemez Mountains ranked densities compared to all other known the interrelated effects from severe Jemez Mountains salamander highest of 248 sites analyzed in New wildland fire, historical and current fire occurrences (and even these areas are Mexico in climate exposure—a measure management practices, forest not considered as densely populated as of average temperature and average composition and structure conversions, reported from the 1970’s). Combined, precipitation departures (Enquist and and climate change have impacted the this information suggests recolonization Gori 2008, pp. 10, 22, 51–58). salamander by curtailing its range and or expansion opportunities, particularly Although the extent of warming likely affecting its behavioral and after habitat alteration, and genetic to occur is not known with certainty at physiological functions. Because the exchange among populations may be this time, the International Panel on salamander has highly permeable skin limited. Climate Change (2007a, p. 5) has used for gas exchange and respiration, it On the basis of this information, we concluded that the summer season will must stay moist at all times or it will find that the threats to the Jemez experience the greatest increase in die. Salamanders have little control in Mountains salamander most warming in the Southwest (International maintaining water balance except significantly result from habitat loss, Panel on Climate Change 2007b, p. 887). through physically changing where they habitat degradation, and habitat Temperature has strong effects on are in the environment, seeking high- modification, including severe wildland amphibian immune systems and may be moisture areas to hydrate and avoiding fire, but also alterations to habitat of an important factor influencing warm, dry areas where they would varying magnitude from fire susceptibility of amphibians to otherwise dehydrate. Warmer suppression, forest composition and pathogens (e.g., see Raffel et al. 2006, p. temperatures increase water use and structure conversions, post-fire 819); thus, increases in temperature in dehydration, as well as increase rehabilitation, forest and fire the Jemez Mountains have the potential metabolic processes, which then in turn management, roads, trails, habitat to increase the salamander’s require additional energy for the fragmentation, and recreation (see susceptibility to disease and pathogens. salamander. These life-history traits Factor A). Some of these threats may be As noted, we have no information that make hydration maintenance the most exacerbated by the current and indicates disease is a threat to the important activity of the salamander life projected effects of climate change, and species, but we intend to evaluate this functions. Therefore, any action or we have determined that the current issue further. factor that warms and dries its habitat and projected effects from climate

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change are a direct threat to the Jemez These losses are ongoing as habitat commercial information, we are listing Mountains salamander. Habitat drying conditions necessary for Jemez the Jemez Mountains salamander as an affects salamander physiology, behavior, Mountains salamander survival endangered species, in accordance with and viability; will affect the occurrence continue to deteriorate by become sections 3(6) and 4(a)(1) of the Act. of natural events such as fire, drought, warmer and drier. Without substantial Under the Act and our implementing and forest die-off; and will increase the conservation efforts, this trend of habitat regulations, a species may warrant risk of disease and infection. Trends in and population loss is expected to listing if it is endangered or threatened climate change and drought conditions continue and result in an elevated risk throughout all or a significant portion of have contributed to temperature of extinction of the species. its range. The Jemez Mountains is increases in the Jemez Mountains, with Many of the threats faced by the highly restricted in its range, and the a corresponding decrease in species would not have historically threats to its survival occur throughout precipitation. Because the salamander is been significant (such as wildfire), but its range and are not restricted to any terrestrial, constrained in range, and because the entire ecological system in particular significant portion of their isolated to the higher elevations of the which this species occurs has been range. The salamander is in danger of Jemez Mountains, continued significantly altered, and many of the extinction now, and thus meets the temperature increases and precipitation threats are interrelated, when wildfire definition of endangered, and not decreases, exacerbated by climate occurs, it leaves behind a landscape- threatened. Accordingly, our assessment change, could threaten the viability of sized scar of highly modified, possibly and determination applies to the species the species over its entire range. unusable habitat for the Jemez throughout its entire range. The Act defines an endangered Mountains salamander. The Jemez Available Conservation Measures species as any species that is ‘‘in danger Mountains salamander completely relies of extinction throughout all or a on its environment and habitat to Conservation measures provided to significant portion of its range’’ and a maintain physiological functions and to species listed as endangered or threatened species as any species ‘‘that stay alive. All habitat for the Jemez threatened species under the Act is likely to become endangered Mountains salamander has been include recognition, recovery actions, throughout all or a significant portion of modified to its existing condition, and requirements for Federal protection, and its range within the foreseeable future.’’ either has been burned with large-scale prohibitions against certain practices. We evaluated whether the Jemez high-severity wildfire or is at risk of Recognition through listing results in Mountains salamander is in danger of doing so. Effects from climate change public awareness and conservation by extinction now (i.e., an endangered are also resulting in warming and drying Federal, State, Tribal, and local species) or is likely to become in danger of all Jemez Mountains salamander agencies, private organizations, and of extinction in the foreseeable future habitat. Because Jemez Mountains individuals. The Act encourages (i.e., a threatened species). The salamanders are reliant on their habitat cooperation with the States and requires foreseeable future refers to the extent to for survival, and all habitat is currently that recovery actions be carried out for which the Secretary can reasonably rely warming, drying, and either at risk of all listed species. The protection on predictions about the future in burning in wildfire, or has burned in required by Federal agencies and the making determinations about the future wildfire, all extant Jemez Mountains prohibitions against certain activities conservation status of the species. A key salamanders are vulnerable. Since, part are discussed, in part, below. statutory difference between a of the life-history requirements The primary purpose of the Act is the threatened species and an endangered (including mating, foraging, and conservation of endangered and species is the timing of when a species dispersal) necessitate the use of above threatened species and the ecosystems may be in danger of extinction (i.e., ground habitat and the above ground upon which they depend. The ultimate currently at a high risk of extinction), habitat is impacted by one or more goal of such conservation efforts is the either now (endangered species) or in threats, no resilient populations recovery of these listed species, so that the foreseeable future (threatened currently exist to support persistence of they no longer need the protective species). A species that is in danger of the Jemez Mountains salamander. measures of the Act. Subsection 4(f) of extinction at some point beyond the Consequently, it is in danger of the Act requires the Service to develop foreseeable future does not meet the extinction throughout all of its range and implement recovery plans for the definition of either an endangered now, and appropriately meets the conservation of endangered and species or a threatened species. definition of an endangered species (i.e., threatened species. The recovery Because of the fact-specific nature of in danger of extinction). planning process involves the listing determinations, there is no single In conclusion, after a review of the identification of actions that are metric for determining if a species is ‘‘in best available scientific and commercial necessary to halt or reverse the species’ danger of extinction’’ now. In the case information as it relates to the status of decline by addressing the threats to its of the Jemez Mountains salamander, the the species and the five listing factors, survival and recovery. The goal of this best available information indicates that we find that the Jemez Mountains process is to restore listed species to a a major range reduction has not salamander is presently in danger of point where they are secure, self- happened. However large-scale habitat extinction now based on the severity of sustaining, and functioning components destruction or modification within the threats currently impacting the of their ecosystems. highly restricted habitat for the salamander. The threats are both current Recovery planning includes the salamander has significantly affected and expected to continue in the future, development of a recovery outline the behavior and physiology of the and are significant in that they limit all shortly after a species is listed and species (including increased oxygen behavioral and physiological functions, preparation of a draft and final recovery use, increased metabolism, increased including breathing, feeding, and plan. The recovery outline guides the desiccation, increased need to hydrate, reproduction and reproductive success, immediate implementation of urgent and reduced opportunities to forage and and extend across the entire range of the recovery actions and describes the mate) and has likely resulted in species. This meets the definition of process to be used to develop a recovery reductions in populations and in total endangered. Therefore, on the basis of plan. Revisions of the plan may be done numbers of individuals within its range. the best available scientific and to address continuing or new threats to

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the species, as new substantive actions with respect to any species that involving endangered and threatened information becomes available. The is proposed or listed as endangered or wildlife species under certain recovery plan identifies site-specific threatened and with respect to its circumstances. Regulations governing management actions that set a trigger for critical habitat, if any is designated. permits are codified at 50 CFR 17.62 for review of the five factors that control Regulations implementing this endangered plants, and at 17.72 for whether a species remains endangered interagency cooperation provision of the threatened plants. With regard to or may be downlisted or delisted, and Act are codified at 50 CFR part 402. endangered wildlife, a permit must be methods for monitoring recovery Section 7(a)(4) of the Act requires issued for the following purposes: for progress. Recovery plans also establish Federal agencies to confer with the scientific purposes, to enhance the a framework for agencies to coordinate Service on any action that is likely to propagation or survival of the species their recovery efforts and provide jeopardize the continued existence of a and for incidental take in connection estimates of the cost of implementing species proposed for listing or result in with otherwise lawful activities. recovery tasks. Recovery teams destruction or adverse modification of Required Determinations (composed of species experts, Federal proposed critical habitat. If a species is and State agencies, nongovernmental listed subsequently, section 7(a)(2) of National Environmental Policy Act (42 organizations, and stakeholders) are the Act requires Federal agencies to U.S.C. 4321 et seq.) often established to develop recovery ensure that activities they authorize, We have determined that plans. When completed, the recovery fund, or carry out are not likely to environmental assessments and outline, draft recovery plan, and the jeopardize the continued existence of environmental impact statements, as final recovery plan will be available on the species or destroy or adversely defined under the authority of the our Web site (http://www.fws.gov/ modify its critical habitat. If a Federal National Environmental Policy Act endangered), or from our New Mexico action may affect a listed species or its (NEPA; 42 U.S.C. 4321 et seq.), need not Ecological Services Field Office (see FOR critical habitat, the responsible Federal be prepared in connection with listing FURTHER INFORMATION CONTACT). agency must enter into formal a species as an endangered or Implementation of recovery actions consultation with the Service. threatened species under the generally requires the participation of a Federal agency actions within the Endangered Species Act. We published broad range of partners, including other species habitat that may require a notice outlining our reasons for this Federal agencies, States, tribal, conference or consultation or both as determination in the Federal Register nongovernmental organizations, described in the preceding paragraph on October 25, 1983 (48 FR 49244). businesses, and private landowners. include landscape restoration projects Examples of recovery actions include (e.g., forest thinning); prescribed burns, Government-to-Government habitat restoration (e.g., restoration of wildland-urban-interface projects; forest Relationship with Tribes native vegetation), research, captive silvicultural practices; other forest In accordance with the President’s propagation and reintroduction, and management or landscape-altering memorandum of April 29, 1994 outreach and education. The recovery of activities on Federal lands administered (Government-to-Government Relations many listed species cannot be by the National Park Service (Bandelier with Native American Tribal accomplished solely on Federal lands National Monument), Valles Caldera Governments; 59 FR 22951), Executive because their range may occur primarily National Preserve, and the Department Order 13175 (Consultation and or solely on non-Federal lands. To of Energy (Los Alamos National Coordination With Indian Tribal achieve recovery of these species Laboratory), and USFS; issuance of Governments), and the Department of requires cooperative conservation efforts section 404 Clean Water Act permits by the Interior’s manual at 512 DM 2, we on private, State, and tribal lands. the Army Corps of Engineers; and readily acknowledge our responsibility Once this species is listed, funding for construction and maintenance of roads to communicate meaningfully with recovery actions will be available from or highways by the Federal Highway recognized Federal Tribes on a a variety of sources, including Federal Administration. government-to-government basis. In budgets, State programs, and cost share The Act and its implementing accordance with Secretarial Order 3206 grants for non-Federal landowners, the regulations set forth a series of general of June 5, 1997 (American Indian Tribal academic community, and non- prohibitions and exceptions that apply Rights, Federal-Tribal Trust governmental organizations. In addition, to all endangered wildlife. The Responsibilities, and the Endangered pursuant to section 6 of the Act, the prohibitions of section 9(a)(2) of the Act, Species Act), we readily acknowledge State of New Mexico would be eligible codified at 50 CFR 17.21 for endangered our responsibilities to work directly for Federal funds to implement wildlife, in part, make it illegal for any with tribes in developing programs for management actions that promote the person subject to the jurisdiction of the healthy ecosystems, to acknowledge that protection or recovery of the Jemez United States to take (includes harass, tribal lands are not subject to the same Mountains salamander. Information on harm, pursue, hunt, shoot, wound, kill, controls as Federal public lands, to our grant programs that are available to trap, capture, or collect; or to attempt remain sensitive to Indian culture, and aid species recovery can be found at any of these), import, export, ship in to make information available to tribes. http://www.fws.gov/grants. interstate commerce in the course of Please let us know if you are commercial activity, or sell or offer for References Cited interested in participating in recovery sale in interstate or foreign commerce A complete list of all references cited efforts for the Jemez Mountains any listed species. Under the Lacey Act in this rule is available on the Internet salamander. Additionally, we invite you (18 U.S.C 42–43; 16 U.S.C 3371–3378), at http://www.regulations.gov or upon to submit any new information on this it is also illegal to possess, sell, deliver, request from the Field Supervisor, New species whenever it becomes available carry, transport, or ship any such Mexico Ecological Services Field Office and any information you may have for wildlife that has been taken illegally. (see ADDRESSES section). recovery planning purposes (see FOR Certain exceptions apply to agents of the FURTHER INFORMATION CONTACT). Service and State conservation agencies. Authors Section 7(a) of the Act requires We may issue permits to carry out The primary authors of this document Federal agencies to evaluate their otherwise prohibited activities are the staff from members of the New

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Mexico Ecological Services Field Office Regulation Promulgation ■ 2. In § 17.11(h), add an entry for (see ADDRESSES). Accordingly, we amend part 17, ‘‘Salamander, Jemez Mountains’’ in alphabetical order under Amphibians to List of Subjects in 50 CFR Part 17 subchapter B of chapter I, title 50 of the Code of Federal Regulations, as follows: the List of Endangered and Threatened Endangered and threatened species, Wildlife, to read as follows: PART 17—[AMENDED] Exports, Imports, Reporting and § 17.11 Endangered and threatened recordkeeping requirements, ■ 1. The authority citation for part 17 wildlife. Transportation. continues to read as follows: * * * * * Authority: 16 U.S.C. 1361–1407; 1531– (h) * * * 1544; 4201–4245; unless otherwise noted.

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

******* AMPHIBIANS

******* Salamander, Jemez Plethodon U.S. (NM) ...... U.S. (NM) ...... E 819 NA NA Mountains. neomexicanus.

*******

Dated: August 26, 2013. Rowan W. Gould, Acting Director, U.S. Fish and Wildlife Service. [FR Doc. 2013–21583 Filed 9–9–13; 8:45 am] BILLING CODE 4310–55–P

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