75834 Federal Register / Vol. 67, No. 237 / Tuesday, December 10, 2002 / Proposed Rules DEPARTMENT OF THE INTERIOR petitions for which a requested action is analysis of a segment of mitochondrial found to be warranted but precluded DNA from 372 Yosemite toads found in Fish and Wildlife Service should be treated as though resubmitted Yosemite and Kings Canyon National on the date of such finding, i.e., Parks. Their data showed significant 50 CFR Part 17 requiring a subsequent finding to be genetic differences in Yosemite toads made within 12 months. Such 12-month between the two National Parks. They Endangered and Threatened Wildlife findings are to be published promptly in also found significant genetic variability and Plants; 12-Month Finding for a the Federal Register. within Yosemite National Park between Petition to List the Yosemite Toad Section 4(b) of the Act states that we drainages, and within both Parks AGENCY: Fish and Wildlife Service, may make warranted but precluded between breeding sites. Their data also Interior. findings only if we can demonstrate indicated that black toads are a that: (1) An immediate proposed rule is ACTION: Notice of 12-month petition subgroup within Yosemite toads rather precluded by other pending actions, and finding. than a separate species. Stephens (2001) (2) expeditious progress is being made examined mitochondrial DNA from 8 SUMMARY: We, the U.S. Fish and on other listing actions. Due to the large Yosemite toads (selected from the Wildlife Service (Service), announce a amount of litigation over critical habitat, samples examined by Shaffer et al. 12-month finding for a petition to list we are working on numerous court (2000) to represent the range of the Yosemite toad (Bufo canorus) under orders and settlement agreements. variability found in that study) and 173 the Endangered Species Act of 1973, as Complying with these orders and western toads. Stephens’ data indicate amended (Act). We find that the settlement agreements will consume all that Bufo in the Sierra Nevada occur in petitioned action is warranted, but of our listing budget for fiscal year 2003. northern and southern evolutionary precluded by higher priority listing However, we can continue to place groups, each of which include both actions. We will develop a proposed species on the candidate species list, as Yosemite and western toads (i.e., toads rule to list this species pursuant to our that work activity is funded separately of both species are more closely related Listing Priority System (48 FR 43098). from our listing program. to each other within a group than they Upon publication of this notice of 12- Taxonomy are to members of their own species in month petition finding, this species will the other group). Further genetic be added to our candidate species list. The Yosemite toad was originally analysis of Yosemite toads sampled described by Camp (1916), and given DATES: from throughout their range, and from The finding announced in this the common name Yosemite Park toad. document was made on November 27, other toad species surrounding their Subsequent detections of this species range is needed to fully understand the 2002. Comments and information may indicated that its range extends beyond be submitted until further notice. evolutionary history and appropriate the boundaries of Yosemite National taxonomic status of the Yosemite toad ADDRESSES: You may send data, Park, and Grinnel and Storer (1924) (Stephens 2001). information, comments, or questions referred to this species as the Yosemite concerning this finding to the Field toad. Description and Natural History Supervisor, U.S. Fish and Wildlife Similarities in appearance of the Yosemite toads are moderately sized, Service, Sacramento Fish and Wildlife Yosemite toad and the western toad with a snout-urostyle length (measured Office, 2800 Cottage Way, Room W– (Bufo boreas) were noted by Camp from the tip of the snout to the posterior 2605, Sacramento, CA 95825. You may (1916). Based on general appearance, edge of the urostyle, a bony structure at inspect the petition, administrative structure and distribution, it appears the posterior end of the spinal column) finding, supporting information, and that these two species are closely related of 30 to 71 millimeters (mm) (1.2 to 2.8 comments received, by appointment, (Myers 1942; Stebbins 1951; Mullally inches (in)) with rounded to slightly during normal business hours at the 1956; Savage 1958). The close oval paratoid glands (a pair of glands, above address. relationship between B. boreas and B. one on each side of the head, that FOR FURTHER INFORMATION CONTACT: canorus is also supported by studies of produce toxins) (Karlstrom 1962). The Susan Moore at the Sacramento Fish bone structure (Tihen 1962a,b), and by paratoid glands are less than the width and Wildlife Office (see ADDRESSES the survivorship of hybrid toads of a gland apart (Stebbins 1985). A thin above) (telephone 916/414–6600; produced by artificially crossing the two mid-dorsal (middle of the back) stripe is facsimile 916/414–6712). species (Blair 1959, 1963, 1964). present in juveniles of both sexes. The SUPPLEMENTARY INFORMATION: Camp (1916), using characteristics of stripe disappears or is reduced with age, the skull, concluded that Bufo boreas, B. and more quickly in males (Jennings Background canorus, and B. nestor (extinct) are more and Hayes 1994). The iris of the eye is Section 4(b)(3)(B) of the Endangered closely related to each other than to dark brown with gold iridophores Species Act of 1973, as amended (Act) other North American toads, and that (reflective pigment cells) (Jennings and (16 U.S.C. 1531 et seq.), requires that, these species comprise the most Hayes 1994). Males are smaller than for any petition to revise the List of primitive group of Bufo in North females, with less conspicuous warts Threatened and Endangered Species America. Blair (1972) grouped B. boreas, (Stebbins 1951). Differences in containing substantial scientific and B. canorus, black toads (B. exsul), and coloration between males and females commercial information that listing may Amargosa toads (B. nelsoni), together are more pronounced in the Yosemite be warranted, we conduct a status taxonomically as the ‘‘boreas group.’’ toad than in any other North American review and make a finding within 12 Feder (1977) found Bufo canorus to be frog or toad (Stebbins 1951). Females months of the date of the receipt of the genetically distinctive based on samples have black spots or blotches edged with petition on whether the petitioned from a limited geographic range. white or cream that are set against a action is: (a) Not warranted, (b) However, Yosemite toads are thought to grey, tan or brown background color warranted, or (c) warranted but hybridize with western toads in the (Jennings and Hayes 1994). Males have precluded from immediate proposal by northern part of their range (Karlstrom a nearly uniform dorsal coloration of other higher priority proposals. Section 1962; Morton and Sokolski 1978). yellow-green to olive drab to darker 4(b)(3)(C) of the Act requires that Shaffer et al. (2000) performed genetic greenish brown (Jennings and Hayes VerDate 0ct<31>2002 15:34 Dec 09, 2002 Jkt 200001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\10DEP1.SGM 10DEP1 Federal Register / Vol. 67, No. 237 / Tuesday, December 10, 2002 / Proposed Rules 75835 1994). Karlstrom (1962) suggested that especially while breeding, recent to cross large, dry, forested areas differences in coloration between the evidence shows that they primarily feed between meadows. sexes evolved because they provide the and move at night (D. Martin, pers. Adult and juvenile Yosemite toads are Yosemite toad with protective comm. 2002). lie-and-wait predators. They remain coloration. The uniform coloration of Eggs generally hatch within 3 to 6 motionless until a prey item the adult male matches and blends with days depending on water temperature approaches, then strike and capture the the silt and grasses that they frequent (Jennings and Hayes 1994), although prey with their sticky tongues (Kagarise during the breeding season, whereas the they may take over 15 days (Kagarise Sherman and Morton 1984). The young and females with disruptive Sherman 1980). Tadpoles typically examined stomach contents of Yosemite coloration tend to use a wider range of transform within 40 to 50 days after toads have included beetles, ants, habitats with broken backgrounds; thus fertilization. Tadpoles are not known to centipedes, spiders, dragonfly larvae, coloration may help conceal individual overwinter (Jennings and Hayes 1994), mosquitos, and moth and butterfly toads from predators. although immature tadpoles have been larvae (Grinnel and Storer 1924; Yosemite toads overwinter in rodent observed well into September (Mullally Mullally 1953). They will also prey on burrows (Jennings and Hayes 1994). 1956). Tadpoles tend to congregate flies, bees, wasps, millipedes (Kagarise They emerge from hibernation as soon (Brattstrom 1962) and use warm shallow Sherman and Morton 1984), spider as snowmelt pools form near their water during the day (Cunningham mites, crane flies, springtails, owl flies, overwintering sites (Karlstrom 1962; 1963), then retreat to deeper water at and damsel flies (Martin 1991). Kagarise Sherman 1980; Jennings and night (Mullally 1953). The tadpoles are Yosemite toad tadpoles graze on Hayes 1994). Observed emergence times uniformly black, the snout is blunt, the detritus and plant material such as algae range from early May to the middle of intestines are scarcely or not at all and will also eat other items such as June (Kagarise Sherman 1980). visible, and the dorsal fin is transparent lodgepole pine pollen. Yosemite toad Males form breeding choruses, and and marked with few relatively large tadpoles can also be carnivorous and breeding begins soon after emergence melanophores (dark-colored pigment will eat other Yosemite toad tadpoles (Jennings and Hayes 1994).