[Federal Register Volume 62, Number 130 (Tuesday, July 8, 1997)]
[Proposed Rules]
[Pages 36481-36482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17659]


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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 for 
a Petition To List the Southern California Population of the Mountain 
Yellow-Legged Frog With Critical Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding 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 list the southern California population 
of the mountain yellow-legged frog (Rana muscosa) pursuant to the 
Endangered Species Act of 1973, as amended (Act). The Service believes 
that the southern California population is a distinct vertebrate 
population segment and finds that the petition presents substantial 
information indicating that listing the species may be warranted. A 
status review is initiated.

DATES: The finding announced in this document was made on June 27, 
1997. To be considered in the 12-month finding for this petition, 
comments and information should be submitted to the Service by August 
7, 1997.

ADDRESSES: Data, information, comments, or questions concerning the 
finding should be submitted to the Field Supervisor, Carlsbad Field 
Office, U.S. Fish and Wildlife Service, 2730 Loker Avenue West, 
Carlsbad, California 92008. The petition finding, supporting data, and 
comments are available for public inspection, by appointment, during 
normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Paul J. Barrett at the above address 
or telephone 760/431-9440.

SUPPLEMENTARY INFORMATION: Section 4(b)(3)(A) of the Endangered Species 
Act of 1973 (Act), 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 presents substantial scientific or commercial 
information indicating 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 published 
promptly in the Federal Register. If the finding is that substantial 
information was presented, the Service is required to promptly commence 
a review of the status of the species involved, if one has not already 
been initiated under the Service's internal candidate assessment 
process.
    The processing of this petition conforms with the Service's final 
listing priority guidance published in the Federal Register on December 
5, 1996 (61 FR 64475). The guidance clarifies the order in which the 
Service will continue to process the backlog of rulemakings during 
fiscal year 1997 following two related events: (1) The lifting, on 
April 26, 1996, of the moratorium on final listings imposed on April 
10, 1995 (Public Law 104-6), and (2) the restoration of significant 
funding for listing through passage of the omnibus budget 
reconciliation law on April 26, 1996, following severe funding 
constraints imposed by a number of continuing resolutions between 
November 1995 and April 1996. The guidance calls for giving highest 
priority (tier 1) to handling emergency situations, second highest 
priority (tier 2) to resolving the listing status of the outstanding 
proposed listings, and third priority (tier 3) to resolving the 
conservation status of candidate species and processing administrative 
findings on petitions. The processing of this petition falls under tier 
3. The guidance states that ``effective April 1, 1997, the Service will 
concurrently undertake all of the activities presently included in 
tiers 1, 2, and 3'' (61 FR 64480).
    The Service has made a 90-day finding on a petition to list the 
southern California populations of the mountain yellow-legged frog 
(Rana muscosa) as threatened or endangered with critical habitat. The 
petition, dated July 10, 1995, was submitted by D. C. ``Jasper'' 
Carlton (of the Biodiversity Legal Foundation), Bonnie M. Dombrowski, 
and Michael C. Long, and was received by the Service on July 10, 1995. 
The petitioners clearly identified the document as a petition and the 
document contained the names, addresses, and signatures of all 
petitioners. The petitioners submitted biological, distributional, 
historical, and other information and scientific reference in support 
of the petition. The Service subsequently received a letter from Mr. 
Carlton dated December 21, 1995, requesting an emergency listing of 
this population of the frog. The Service has determined that emergency 
listing of the petition entity is not warranted. In the petition, the 
petition entity is referred to as the ``southern California 
`populations' of mountain yellow-legged frogs''. Throughout the 
finding, we refer to all mountain yellow-legged frogs south of the 
Tehachapi Mountains as the ``southern California population.'' Groups 
of individuals within the

[[Page 36482]]

southern California population that may be fully or partially 
reproductively isolated from each other are referred to as 
``subpopulations'' in the finding.
    The mountain yellow-legged frog (Rana muscosa) is a true frog 
(family Ranidae). The historic range of the mountain yellow-legged frog 
in the Sierra Nevada was from southern Plumas County to southern Tulare 
County. The southern California population, isolated from the Sierran 
population by the Tehachapi Mountains and a distance of about 225 
kilometers (km) (140 miles (mi)), consisted of clusters in the San 
Gabriel, San Bernardino, and San Jacinto mountains, with a southernmost 
outpost on Mt. Palomar in northern San Diego County now presumed 
extinct. Prior to the late 1960's, mountain yellow-legged frogs were 
abundant in southern California stream drainages. However, the southern 
California population of mountain yellow-legged frog has probably been 
extirpated from more than 99 percent of its historic range. The 
petition and accompanying documentation stated that the species 
qualifies for designation pursuant to the Act due to potential habitat 
destruction, the inadequacy of existing regulatory mechanisms, and 
other natural or human-caused factors affecting its continued 
existence. The petitioners contend natural and human-induced changes in 
streamflows, land-use practices, intensive recreation, the introduction 
on nonnative competitors and predators, random events, and the species' 
presumed sensitivity to increased ultraviolet radiation all contribute 
to the decline of the population.
    The Service has reviewed the petition and other information 
available in the Service's files. In an initial review of this 
information, the Service determined that an emergency listing of the 
southern California population was not warranted. Based upon additional 
review, the Service believes that the southern California population of 
the mountain yellow-legged frog is a distinct vertebrate population 
segment as defined by Service policy (61 FR 4722) and that substantial 
evidence exists, in light of the precarious nature of most 
subpopulations, its rapid decline in southern California, and the wide-
ranging threats to the remaining individuals and subpopulations, that 
listing of this population segment as threatened or endangered may be 
warranted. When the Service makes a positive finding, it also is 
required to promptly commence a review of the status of the species. 
Based upon the available and any newly obtained information, the 
Service will issue a 12-month finding as required by Section 4(b)(3)(B) 
of the Act. Though the petitioners also requested that critical habitat 
be designated for the southern California population of the mountain 
yellow-legged frog, the 12-month finding will address this issue.
    The Service hereby announces its formal review of the species' 
status pursuant to this 90-day petition finding. The Service requests 
any additional data, comments, and suggestions from the public, other 
concerned governmental agencies, the scientific community, industry, or 
any other interested parties concerning the status of the southern 
California population of mountain yellow-legged frog. Of particular 
interest is information regarding (1) the existence and status of 
additional subpopulations, (2) environmental factors determining 
distribution, (3) the impact of altered flow regimes, water quality, 
land-use practices, and recreation on the species, and (4) genetic 
variability in known subpopulations.

Author

    The primary author of this document is Paul J. Barrett, Carlsbad 
Field Office (see ADDRESSES section above).

Authority

    The authority for this action is the Endangered Species Act (16 
U.S.C. 1531 et seq.)

    Dated: June 27, 1997.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-17659 Filed 7-7-97; 8:45 am]
BILLING CODE 4310-55-P