[Federal Register Volume 59, Number 140 (Friday, July 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17866]


[[Page Unknown]]

[Federal Register: July 22, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

 

Endangered and Threatened Wildlife and Plants; 90-Day Finding and 
Commencement of Status Review for a Petition To List the Southern Rocky 
Mountain Population of the Boreal Toad as Endangered

agency: Fish and Wildlife Service, Interior.

action: Notice of petition findings and initiation of status review.

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summary: The U.S. Fish and Wildlife Service (Service) announces a 90-
day finding for a petition to add the southern Rocky Mountain 
population of the boreal toad (Bufo boreas boreas) to the List of 
Threatened and Endangered Wildlife. The Service finds the petition 
presents substantial information indicating that the requested action 
may be warranted.

dates: The finding announced in this notice was made on July 14, 1994. 
Comments and materials need to be submitted by September 20, 1994, to 
be considered in the 12-month finding.

addresses: Information, comments, or questions concerning this petition 
may be submitted to the Field Supervisor, U.S. Fish and Wildlife 
Service, Ecological Services, 730 Simms Street, Suite 290, Golden, 
Colorado 80401. The petition, finding, and supporting documents are 
available for public inspection, by appointment, during normal business 
hours at the above address.

for further information contact: Terry Ireland, U.S. Fish and Wildlife 
Service, Ecological Services, 764 Horizon Drive, South Annex A, Grand 
Junction, Colorado 81506-3946, telephone, (303) 243-2778.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as 
amended (16 U.S.C. 1531 et seq.), requires that the Service make a 
finding on whether a petition to list, delist, or reclassify a species, 
or to revise a critical habitat designation presents substantial 
scientific and commercial information to indicate that the petitioned 
action may be warranted. To the maximum extent practicable, this 
finding is to be made within 90 days of the receipt of the petition, 
and the finding is to be promptly published in the Federal Register. If 
the finding is positive, the Service also is required to commence a 
review of the status of the petitioned species.
    The Service announces a 90-day finding on a petition requesting the 
Service to list as endangered the southern Rocky Mountain population of 
the ``western boreal toad'' (Bufo boreas boreas) and initiates a status 
review.
    A petition dated September 27, 1993, was received by the Service 
from the Biodiversity Legal Foundation and Dr. Peter Hovingh on 
September 30, 1993. The petition requested that the southern Rocky 
Mountain population of the ``western boreal toad'' be listed as 
endangered and that critical habitat be designated.
    The Act allows the Service to list distinct population segments of 
vertebrate fish and wildlife. Physical and climatic characteristics of 
the Great Divide Basin separate boreal toads in the southern Rocky 
Mountains (New Mexico, Colorado, and southeastern Wyoming) from 
populations in the Wasatch and Uinta Mountains of Utah to the west and 
the Wind River and Salt River Ranges of Wyoming to the north. The 
Basin's hot, dry summers, lack of available water, and high desert 
vegetation provide unsuitable habitat for the toad. Movement of toads 
between the southern Rocky Mountains and populations in western Wyoming 
and eastern Utah is unlikely because of the great distance (>165 km 
(100 miles)) and harsh environment. Because of this geographic 
isolation, possible genetic differentiation exists between toads in the 
southern Rocky Mountains and the remainder of their range (Blair 1964, 
Hubbard 1972). Considering these factors, the Service believes the 
southern Rocky Mountain population of the boreal toad is a distinct 
population segment.
    A status review was first initiated for the southern Rocky Mountain 
population of B. b. boreas by a notice of review published January 6, 
1989 (54 FR 554). At that time the population was designated as a 
category 2 candidate, meaning that more information was needed before a 
decision could be made as to whether this population should be listed.
    Boreal toads were once common throughout much of the higher 
elevations in Colorado (Burger and Bragg 1946, Smith et al. 1965, 
Hammerson 1989) and in the Snowy and Sierra Madre Ranges of 
southeastern Wyoming (Baxter and Stone 1985). Boreal toads were found 
at only three localities at the southern periphery of their range in 
the San Juan Mountains of New Mexico; Lagunitas, Canjilon, and Trout 
Lakes (Campbell and Degenhardt 1971, Jones 1978, New Mexico Department 
of Game and Fish 1988).
    Declines in isolated demes were first documented in New Mexico in 
the mid-1980's (Woodward and Mitchell 1985, Carey 1987) and in Colorado 
and southern Wyoming from 1986 through 1988 (Corn et al. 1989). Boreal 
toads are listed as endangered by the State of New Mexico and are 
thought to be extirpated (New Mexico Department of Game and Fish 1988). 
Surveys conducted in 1989 and 1993 revealed no populations at the three 
previously known San Juan Mountain locations in Rio Arriba County, New 
Mexico (Charlie Painter, New Mexico Department of Game and Fish, pers. 
comm., 1993). Carey (1993) also documented the extirpation of 11 demes 
in the Elk and West Elk Mountains of west-central Colorado. Corn et al. 
(1989) found that boreal toads were absent from 83 percent of locations 
in Colorado previously known to contain toads. Subsequent surveys 
conducted by the Service and others in Colorado indicate that boreal 
toads continue to disappear from traditional localities or are absent 
from locations that contain suitable habitat (Steve Corn, National 
Biological Survey, unpubl. data, 1993; Hammerson 1989). No toad demes 
have been confirmed in Wyoming since 1987 (S. Corn, pers. comm., 1993).
    No single factor known to cause direct loss of boreal toads in the 
southern Rocky Mountain population appears to be producing range-wide 
declines. Those factors that appear capable of affecting a population 
throughout all or most of its range cannot currently be linked to the 
decline of the southern Rocky Mountain population of the boreal toad. 
Low impact recreational activities such as hiking, camping, wildlife 
viewing, nonmotorized boating, and fishing may occasionally disrupt 
breeding pairs or trample recently metamorphosed juveniles along 
shorelines (Campbell 1970). High impact resource management strategies 
such as timber and grazing may alter or cause the destruction of boreal 
toad habitat. Other factors that may directly impact boreal toads are 
water retention projects, changes in water availability, competition 
and predation by native and nonnative species, and fishery management 
activities. State agencies have regulations to protect the southern 
Rocky Mountain population of the boreal toad from ``take,'' but these 
measures in general do nothing to protect the toad's habitat from 
degradation or to protect the toads from other threats.
    Factors that may cause indirect loss of toads include acid rain, 
pollution, and ultraviolet radiation. The potential effects of acid 
rain, pollution, ultraviolet radiation, and natural population 
fluctuations remain unknown and may be working synergistically with 
other environmental or anthropogenic factors to cause declines in toad 
populations. Carey (1987, 1993) indicated that the proximate cause of 
the widespread decline of boreal toads in northern New Mexico and west-
central Colorado was a result of infection by Aeromonas hydrophila 
bacteria (red-leg disease). However, A. hydrophila is common in the 
microfauna carried by amphibians, and it does not cause infection or 
death in healthy individuals. As a result, toads likely were stressed 
by other adverse environmental factors, such as those mentioned above, 
and later succumbed to A. hydrophila infection (Carey 1987).
    A species may be determined to be an endangered or threatened 
species due to one or more of the five factors described in section 
4(a)(1) of the Act. The five factors are:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes;
    C. Diseases or predation;
    D. The inadequacy of existing regulatory mechanisms; and
    E. Other natural or manmade factors affecting its continued 
existence.
    Because of the threats discussed above, the Service believes that 
factors A, C, D, and E may apply to the southern Rocky Mountain 
population of the boreal toad.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the threats faced by this 
population. After reviewing the petition, references cited in the 
petition, and other available information the Service finds that the 
petition presents substantial information indicating that listing the 
southern Rocky Mountain population of the boreal toad as endangered may 
be warranted. Within 1 year from the date the petition was received, a 
finding as to whether the petitioned action is warranted is required by 
Section 4(b)(3)(B) of the Act.
    The petitioners also requested that critical habitat be designated. 
If the 12-month finding determines that the petitioned action to list 
the boreal toad is warranted, then the designation of critical habitat 
would be addressed in the subsequent proposed rule. At that time the 
Service also would determine if it is appropriate to propose to list 
the population as endangered or threatened.
    More detailed information regarding the above decisions may be 
obtained from the Service's Golden office (see ADDRESSES above).

References cited

    A complete list of all references cited is available upon request 
from the Golden, Colorado, field office (See ADDRESSES Section).

Author

    The primary author of this 90-day finding is Terry Ireland (See FOR 
FURTHER INFORMATION CONTACT above).

Authority:

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531-1544).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

    Dated: July 14, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-17866 Filed 7-21-94; 8:45 am]
BILLING CODE 4310-55-M