Vol. 76 Wednesday, No. 27 February 9, 2011 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Arroyo Toad; Final Rule VerDate Mar<15>2010 18:03 Feb 08, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\09FER2.SGM 09FER2 srobinson on DSKHWCL6B1PROD with RULES2 7246 Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Rules and Regulations DEPARTMENT OF THE INTERIOR (TDD), call the Federal Information Life History Relay Service (FIRS) at 800–877–8339. The following additional information Fish and Wildlife Service SUPPLEMENTARY INFORMATION: and clarifications on the life history of the arroyo toad are based on comments 50 CFR Part 17 Background from peer reviewers (see Peer Review We intend to discuss only those [Docket No. FWS–R8–ES–2009–0069; MO section below) received on the proposed topics directly relevant to the 92210–0–0009–B4] revised rule (74 FR 52612; October 13, designation of revised critical habitat for 2009). RIN 1018–AV89 the arroyo toad under the Endangered We stated in the revised proposed Species Act, as amended (16 U.S.C. rule that most arroyo toads become Endangered and Threatened Wildlife 1531 et seq.), in this final rule. For more sexually mature in the spring following and Plants; Revised Critical Habitat for information on the taxonomy, biology, metamorphosis. However, we should the Arroyo Toad and ecology of the arroyo toad, refer to clarify that unlike males, female arroyo the final listing rule published in the AGENCY: Fish and Wildlife Service, toads generally do not become sexually Federal Register on December 16, 1994 Interior. mature until 2 years of age (Sweet 1992, ACTION: Final rule. (59 FR 64859); the final critical habitat rule published in the Federal Register p. 52). In the proposed revised rule, we SUMMARY: We, the U.S. Fish and on February 7, 2001 (66 FR 9414); the stated that arroyo toads need breeding Wildlife Service (Service), are final revised critical habitat rule pools that are less than 12 inches (in.) designating final revised critical habitat published in the Federal Register on (30 centimeters (cm)) deep. However, a for the arroyo toad (Anaxyrus April 13, 2005 (70 FR 19562); and the peer reviewer pointed out that pools californicus, Bufo californicus). We are proposed revised critical habitat rule ‘‘less than 12 in. (30 cm) deep’’ may not designating approximately 98,366 acres published in the Federal Register on include any suitable breeding habitat in (ac) (39,807 hectares (ha)) of habitat in October 13, 2009 (74 FR 52612). some cases. Breeding pools need a band Santa Barbara, Ventura, Los Angeles, Additionally, information on this of current-free water near the shoreline San Bernardino, Riverside, Orange, and species can be found in the Recovery that is 2 to 4 feet (ft) (0.6 to 1.2 meters San Diego Counties, California, as Plan for the Arroyo Southwestern Toad (m)) wide and less than 4 in. (10 cm) critical habitat for the arroyo toad. This (Bufo microscaphus californicus) deep. The peer reviewer has found that final revised designation constitutes an finalized on July 24, 1999 (Service arroyo toad egg clutches are laid entirely increase of approximately 86,671 ac 1999). The nomenclature for the listed or mostly in water less than 4 in. (10 (35,074 ha) from the 2005 designation of entity has changed to ‘‘arroyo toad cm) deep with minimal current velocity critical habitat for the arroyo toad. A (Anaxyrus californicus)’’ but this change because egg strands are not attached to taxonomic name change has occurred does not alter the description or any substrate features and can be swept and been accepted for the arroyo toad. distribution of the animals. away by even very small currents. Throughout the remainder of this Change in Taxonomic Nomenclature Additionally, egg strands or portions of document we will use the currently strands that end up in water over about recognized name for the listed entity, When we made the proposed revised 6 in. (15 cm) deep are often attacked by Anaxyrus californicus, for references to critical habitat for the arroyo toad fungus and fail to hatch (Sweet 1992, p. the arroyo toad. available on October 13, 2009 (74 FR 52612), we proposed a nomenclature 57). Based on the above information, we DATES: This rule becomes effective on change to the arroyo toad from Bufo now specify that arroyo toads need March 11, 2011. californicus to Anaxyrus californicus breeding pools that are no more than 6 ADDRESSES: The final rule, final and for that change to be published in in. (15 cm) deep. We have also made economic analysis, and map of critical the Code of Federal Regulations (CFR). changes as appropriate to the primary habitat will be available on the Internet Based on the information presented in constituent elements (PCEs) in this final at http://www.regulations.gov at Docket the proposed revised rule (see rule (see the ‘‘Primary Constituent No. FWS–R8–ES–2009–0069, http:// Taxonomy and Nomenclature of the Elements for the Arroyo Toad’’ section www.fws.gov/ventura/, and http:// proposed rule (74 FR 52612; October 13, below). For more life history www.fws.gov/carlsbad/. Comments and 2009)) and acceptance by the scientific information, please see the ‘‘Life materials received, as well as supporting community, we make that change and History’’ section in the proposed revised documentation used in preparing this are amending the List of Endangered critical habitat designation published in final rule, will be available for public and Threatened Wildlife at 50 CFR the Federal Register on October 13, inspection, by appointment, during 17.11(h) to identify the listed entity as 2009 (74 FR 52612). normal business hours, at the U.S. Fish ‘‘arroyo toad (Anaxyrus californicus).’’ and Wildlife Service, Ventura Fish and Reasons for Decline and Threats Wildlife Office, 2493 Portola Road, New Information on Species’ Comments we received on the Suite B, Ventura, CA 93003; telephone Description, Life History, Ecology, proposed revised rule (74 FR 52612; 805–644–1766; facsimile 805–644–3958. Habitat and Range October 13, 2009) provided additional FOR FURTHER INFORMATION CONTACT: We did not receive any new information and clarifications on threats Diane Noda, Field Supervisor, U.S. Fish information pertaining to the to the arroyo toad. and Wildlife Service, Ventura Fish and description, ecology, or habitat of the In the 2009 proposed rule under the Wildlife Office (see ADDRESSES section) arroyo toad following the 2009 proposed ‘‘Reasons for Decline and Threats’’ or Jim Bartel, Field Supervisor, U.S. rule to revise critical habitat (74 FR section, we stated that the introduction Fish and Wildlife Service, Carlsbad Fish 52612; October 13, 2009). However, the of aquatic species not native to southern and Wildlife Office, 6010 Hidden Valley following paragraphs discuss new California watercourses has been Road, Suite 101, Carlsbad, CA 92011; information that we received regarding facilitated by construction of the telephone 760–431–9440; facsimile the species’ life history and status, and California Aqueduct and other sources 760–431–9624. If you use a the areas needed for arroyo toad of inter-basin water transport (Service telecommunications device for the deaf conservation. 1999, p. 48). We also stated that VerDate Mar<15>2010 18:03 Feb 08, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\09FER2.SGM 09FER2 srobinson on DSKHWCL6B1PROD with RULES2 Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Rules and Regulations 7247 currently, the California Aqueduct is species. In a modified system with deep bulldozed in several areas, including the linked directly to the Santa Ynez River, pools that persist year-round, both lower portions of Mono and Indian Santa Clara River, San Jacinto River, and species must rely on the same habitat Creeks (Sweet 2007a, pp. 1–9; 2007b, p. Mojave River Basins. However, one peer for breeding, even though their 1). Based on research along Mono and reviewer noted that the Santa Ynez biological needs differ, which allows Indian Creeks prior to the fire (Sweet River is connected to the California bullfrogs more opportunity to prey on 1992, pp. 1–198; 1993, pp. 1–73), Aqueduct only via many tens of essentially all life stages of arroyo toads. juvenile and adult arroyo toads were kilometers of buried pipeline, with We have also received new known to make extensive use of the numerous pump stations. It is far less information on the threat that feral pigs stream terraces where several of the likely that macroscopic, nonnative (Sus scrofa) pose not only to fuelbreaks and safety zones were organisms will survive such transport amphibians in general, but in particular constructed. In August and September than is the case for the Santa Clara, San to arroyo toads in critical habitat units of 2007 when construction occurred, a Jacinto and Mojave drainage connectors, 15, 16, 17, and 18. The Forest Service large proportion of the population so the threat posed to the San Ynez is studying the effects of feral pigs in the would have been within burrows on the River populations from aqueduct San Diego River where pigs were terraces and any toads that were in transfer is not of the same order of released approximately 3 years ago on those burrows were very likely killed by magnitude as for the other systems. tribal lands. According to a forest the bulldozing (Sweet 2007a, p. 1). In In the 2009 proposed rule under the biologist on the Cleveland National addition to causing direct mortality, Forest, feral pigs have now spread as far ‘‘Reasons for Decline and Threats’’ Sweet (2007a, p.