[Federal Register Volume 67, Number 127 (Tuesday, July 2, 2002)]
[Rules and Regulations]
[Pages 44382-44392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16371]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AF83
Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for the Southern California Distinct Vertebrate
Population Segment of the Mountain Yellow-Legged Frog (Rana muscosa)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the Fish and Wildlife Service (Service), determine
endangered status for the southern California distinct vertebrate
population segment (DPS) of the mountain yellow-legged frog (Rana
muscosa) pursuant to the Endangered Species Act of 1973, as amended
(Act). This rule implements the Federal protection and recovery
provisions afforded by the Act for this DPS.
DATES: This rule is effective August 1, 2002.
ADDRESSES: Supporting documentation for this rulemaking is available
for public inspection, by appointment, during normal business hours at
the U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office,
2730 Loker Avenue West, Carlsbad, CA 92008.
FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, at the
above address (telephone 760/431-9440 and facsimile 760/431-9618).
SUPPLEMENTARY INFORMATION:
Background
The mountain yellow-legged frog is in the family of true frogs,
Ranidae, which consists of frogs that are more closely tied to water
bodies for breeding and foraging than other frog or toad species.
Mountain yellow-legged frogs were originally described by Camp (1917)
as a subspecies of Rana boylii. Zweifel (1955) demonstrated that frogs
from the high Sierra Nevada and the mountains of southern California
were somewhat similar to each other, yet were distinct from the rest of
the R. boylii (= boylei) group. Since that time, most authors have
treated the mountain yellow-legged frog as a full species, Rana
muscosa, following Zweifel's treatment.
Mountain yellow-legged frogs are moderately sized, about 40 to 80
millimeters (mm) (1.5 to 3 inches (in)) from snout to urostyle (the
pointed bone at the base of the backbone) (Zweifel 1955, Jennings and
Hayes 1994). The skin pattern of the mountain yellow-legged frog is
variable, ranging from discrete dark spots that can be few and large,
to smaller and more numerous with a mixture of sizes and shapes, to
irregular patches or a poorly defined network (Zweifel 1955). The body
color is also variable, usually a mix of brown and yellow, but often
with gray, red, or green-brown. Some individuals may be dark brown with
little pattern (Jennings and Hayes 1994). Folds are present on each
side of the back (dorsolateral folds), but usually are not prominent
(Stebbins 1985). The throat is white or yellow, sometimes mottled with
dark pigment (Zweifel 1955). The belly and undersurface of the hind
limbs are yellow, which ranges in hue from pale lemon yellow to an
intense sun yellow. Eye coloration consists of a gold-colored iris with
a horizontal, black counter shading stripe (Jennings and Hayes 1994).
The mountain yellow-legged frog is a near-endemic species to
California (primarily restricted to California and a small area of
Nevada), historically ranging in distribution from southern Plumas
County in northern California to northern San Diego County in southern
California. Within the range of the species, there are two major clades
(a group of organisms that includes all descendants of one common
ancestor) separated by a biogeographic break between the central and
southern portions of the Sierra Nevada. These two clades can be further
divided into four subgroups, the northern Sierra Nevada, central Sierra
Nevada, southern Sierra Nevada, and southern California (Macey et al.
2001). In the Sierra Nevada of California, the mountain yellow-legged
frog ranges from northern Plumas County (G. Fellers in litt. 2000) to
southern Tulare County (Jennings and Hayes 1994), at elevations mostly
above 1,820 meters (m) (6,000 feet (ft)). The frogs of the southern
Sierra Nevada are isolated from the frogs in the mountains of southern
California by the Tehachapi Mountains and a distance of about 225
kilometers (km) (140 miles (mi)).
Mountain yellow-legged frogs were historically documented from
approximately 166 localities in creeks and drainages in the mountains
of southern California (Jennings and Hayes 1994). Of these, an
estimated 164 localities were from creeks and drainages in the San
Gabriel, Big Bear, and San Jacinto Mountains of Los Angeles, San
Bernardino, and Riverside Counties. The two remaining occurrences were
documented on Palomar Mountain in San Diego County and were considered
to represent an isolated population (Zweifel 1955). Currently the
mountain yellow-legged frog is known from only seven locations in
southern California in portions of the San Gabriel, San Bernardino, and
San Jacinto Mountains (Backlin et al. 2002).
Localities of extant populations of mountain yellow-legged frogs in
southern California are reported to range in elevation from
approximately 370 m (1,200 ft) to 2,290 m (7,500 ft) (Stebbins 1985).
Historical localities demonstrating the wide elevation range that
mountain yellow-legged frogs inhabited in southern California include
Eaton Canyon, Los Angeles County (370 m (1,220 ft)), and Bluff Lake,
San Bernardino County (2,290 m (7,560 ft)).
Southern California mountain yellow-legged frogs are diurnal
(active during the daylight hours), highly aquatic frogs, occupying
rocky and shaded streams with cool waters originating from springs and
snowmelt. Water depth, persistence, and configuration (i.e., gently
sloping shorelines and margins) appear to be important for mountain
[[Page 44383]]
yellow-legged frogs, allowing for shelter from predators along shores
or in deeper waters, and habitat for breeding, foraging, egg-laying,
thermoregulation (to regulate the body temperature through behavior),
and overwintering (Jennings and Hayes 1994).
Juvenile and adult mountain yellow-legged frogs feed primarily on
small, streamside insects such as beetles, flies, ants, bees, and
similar small insects (Jennings and Hayes 1994). The coldest winter
months are spent in hibernation, probably underwater or in crevices in
the streambanks. Mountain yellow-legged frogs emerge from overwintering
sites in early spring and breeding soon follows. Breeding activity
typically begins in April at lower elevations, to June or July at upper
elevations and continues for approximately a month (Zweifel 1955). Egg
masses vary in size from as few as 15 eggs to 350 eggs per mass
(Vredenburg et al., in press), which is considered low, relative to a
range of several hundred to several thousand for other true frogs such
as the California red-legged frog (Rana aurora draytonii) (61 FR 25813,
66 FR 14626). Egg masses are normally deposited in shallow waters where
they may be attached to rocks, gravel, vegetation, or similar
substrates (U. S. Forest Service (USFS) 2002). As larvae develop, they
tend to gravitate towards warmer waters to elevate body temperatures
(Bradford 1984) which may facilitate larval and metamorphic development
by allowing for a higher metabolic rate. Even with this behavior,
``larvae apparently must overwinter at least two times for 6 to 9 month
intervals before attaining metamorphosis because the active season is
short and the aquatic habitat maintains warm temperatures for only
brief intervals'' (USFS 2002). Time to develop from fertilization to
metamorphosis appears to be variable, ranging up to 3.5 years
(Vredenburg et al., in press; Zweifel 1955), with reproductive maturity
reached from 3 to 4 years following metamorphosis (Zweifel 1955).
Little is known about adult longevity, but the species is presumed to
be long-lived due to adult survivorship (i.e., observed survival of
adults from year to year) (Mathews and Pope 1999, Pope 1999a in USFS
2002). Further, Pope (1999a in USFS 2002) suggests that mountain
yellow-legged frogs may have strong site fidelity for wintering and
summer habitats.
The decline of mountain yellow-legged frogs from more than 99
percent of their previously documented range in southern California
(Jennings and Hayes 1994) may be part of a well-known larger pattern of
native ranid frog extirpations in the western United States (Hayes and
Jennings 1986, Drost and Fellers 1996). Some of the western ranid frog
species experiencing noticeable declines are the threatened California
red-legged frog (61 FR 25813), the spotted frog (R. pretiosa and R.
luteventris), the Cascades frog (R. cascadae), and the threatened
Chiricahua leopard frog (R. chiricauhensis) (67 FR 40789). Nowhere have
the declines been more pronounced than in southern California, where,
in addition to declines in mountain yellow-legged frogs, the California
red-legged frog has been reduced to a few small remnant populations (61
FR 25813, 66 FR 14626) and the foothill yellow-legged frog (R. boylii)
may be extirpated (Jennings and Hayes 1994).
The mechanisms causing the declines of western ranid frogs are not
well understood and are certain to vary somewhat among species. The two
most common and well-supported hypotheses for widespread extirpation of
western ranid frogs are: (1) Past habitat destruction related to
activities such as logging, mining, and habitat conversions for water
development, irrigated agriculture, and commercial development (Hayes
and Jennings 1986, 61 FR 25813); and (2) non-native predators and
competitors such as introduced trout and bullfrogs (Hayes and Jennings
1986, Bradford 1989, Knapp 1996, Kupferberg 1997). However, in the case
of the southern populations of mountain yellow-legged frogs, habitat
destruction related to activities such as logging and commercial
development does not appear to have been a significant factor in their
precipitous decline because these activities are not prominent within
mountain yellow-legged frog habitat in southern California. Overall,
all of these factors, operating alone or in combination, may result in
the direct extirpation of local populations of mountain yellow-legged
frogs. Further, these factors may disrupt the natural cyclical
population dynamics on the local and regional levels such that it may
be difficult for populations to recover from localized impacts or
extirpations.
Other environmental factors that may adversely affect mountain
yellow-legged frogs and other amphibian populations over a wide
geographic range include pesticides (Sparling et al. 2001), certain
pathogens (Blaustein et al. 1994, Fellers et al. 2001), ultraviolet-B
(beyond the visible spectrum) radiation (Blaustein et al. 2001, Belden
and Blaustein 2002), or a combination of the above factors (Kiesecker
and Blaustein 1995, Blaustein et al. 2001, Kiesecker et al. 2001).
However, these factors, their interactions, and their effects on the
decline of amphibian populations are not well understood (Wake 1998,
Fellers et al. 2001). We believe that these environmental factors are
still operating, and unless moderated or reversed, a high probability
exists that mountain yellow-legged frogs may become extirpated in
southern California in the foreseeable future. Consequently, additional
research on the effects of the factors on amphibian populations is
necessary. To that end, the Department of the Interior (DOI) has
supported an initiative to fund research on the causes of amphibian
declines (USFWS 2000).
Mountain yellow-legged frogs in southern California are found
primarily on public land within the Angeles and San Bernardino National
Forests. Therefore, the majority of mountain yellow-legged frog habitat
is now protected or managed through management plans established for
the Forests and sensitive species and habitat contained therein (refer
to the Available Conservation Measures section for a further discussion
of these measures). However, prior to the development of these
management plans, dams or diversions were placed in many of the major
streams flowing through the southern California mountains historically
inhabited by mountain yellow-legged frogs. These dams and diversions
alter natural hydrologic flow and may negatively impact mountain
yellow-legged frog breeding and foraging habitat and further exacerbate
the decline of populations in southern California.
Current Range and Status
Surveys in 2000 and 2001 by the U.S. Geological Survey (USGS) found
mountain yellow-legged frogs in five small streams in the San Gabriel
Mountains, one stream, City Creek, a tributary of the Santa Ana River,
in the San Bernardino Mountains, and one stream in the upper reaches of
the San Jacinto River system in the San Jacinto Mountains (Backlin et
al. 2002, USFS 2002). The results from the USGS surveys differ somewhat
from the distribution of mountain yellow-legged frogs described in the
proposed listing rule (64 FR 71714). Areas where mountain yellow-legged
frogs were found during the surveys and adult population estimates for
each area are described below. Areas where frog populations were
reported in the proposed rule, but were not found during recent
surveys, are also noted.
San Gabriel Mountains, Angeles National Forest, San Bernardino
County: Mountain yellow-legged frogs
[[Page 44384]]
were detected at 5 of 17 San Gabriel Mountains sites surveyed in 2001:
Bear Gulch, Devil's Canyon, Little Rock Creek, South Fork of Big Rock
Creek, and Vincent Gulch. No frogs were detected at Alder Gulch during
a summer 2001 survey, but they were reported at this site in 1995
(Jennings 1995). Adult population estimates and 95 percent confidence
intervals (CI) for the five sites were: 47 (95 percent CI = 22-108) for
Bear Gulch, five (95 percent CI = 2-20) for Little Rock Creek, seven
(95 percent CI = 1-7) for South Fork of Big Rock Creek, and 7 (95
percent CI = 1-7) for Vincent Gulch (Backlin et al. 2002). No
population estimate was made for Devil's Canyon, but four adults were
found (Backlin et al. 2002).
San Jacinto Mountains, San Bernardino National Forest, Riverside
County: Only one site out of five surveyed in the San Jacinto Mountains
in 2000 and 2001 was reported to be occupied (Backlin et al. 2002). One
adult was found on Fuller Mill Creek during the five surveys conducted.
No frogs were detected on the North Fork of the San Jacinto River from
four surveys conducted in 2001, or in Dark Canyon during three surveys
conducted in 2000 (Backlin et al. 2001). Mountain yellow-legged frogs
were documented in Dark Canyon as recently as 1998 (Jennings 1999).
Hall Canyon was not surveyed in 2000 and 2001. While frogs were not
documented in this canyon during surveys in 1998 (Jennings 1999), eight
adult mountain yellow-legged frogs and larvae were documented in 1995
(Jennings 1995).
San Bernardino Mountains, San Bernardino National Forest, Riverside
County: Only one of 21 San Bernardino Mountains locations surveyed in
2001 had mountain yellow-legged frogs (Backlin et al. 2002). This site,
the East Fork of City Creek, has an estimated adult population size of
13 (95 percent CI = 5-74) (Backlin et al. 2002). Similarly, the East
Fork of City Creek was the only creek of the 15 locations surveyed in
2000 that was documented as supporting mountain yellow-legged frogs
(Backlin et al. 2002).
Based on available recent information, it appears that mountain
yellow-legged frogs have only been currently documented in seven creeks
and drainages in the San Gabriel, San Jacinto, and San Bernardino
Mountains of southern California, in contrast to the 166 documented
historic localities. In 1994, Jennings and Hayes (1994) suggested that
mountain yellow-legged frogs in the San Gabriel and San Jacinto
Mountains (an estimated eight isolated localities) numbered fewer than
100 adult frogs. Their estimate was based on a compilation of the
results of visual surveys generally conducted on a single day, not on
standard abundance estimation techniques. The current estimate of
mountain yellow-legged frogs in southern California based on
extrapolation from a mathematical formula is estimated to be
approximately 79 adult frogs, not including direct observations in
Devil's Canyon (4 adults in 2001) and Fuller Mill Creek (1 adult in
2001), in which estimates were not calculated (Backlin et al. 2002). We
acknowledge, however, that some creeks may have small populations that
were not detected by recent 2000 and 2001 surveys efforts by Backlin et
al. (2001; 2002).
Distinct Vertebrate Population Segment
We evaluated populations of mountain yellow-legged frog according
to the February 7, 1996, joint Service and National Marine Fisheries
Service Policy Regarding the Recognition of Distinct Vertebrate
Population Segments (61 FR 4722). Three elements are considered in a
decision regarding the status of a possible DPS as endangered or
threatened under the Act. These are applied similarly for addition to
the lists of endangered and threatened wildlife and plants,
reclassification, and removal from the lists and include: (1)
Discreteness of the population segment in relation to the remainder of
the species to which it belongs; (2) the significance of the population
segment to the species to which it belongs; and (3) the population
segment's conservation status in relation to the Act's standards for
listing.
Discreteness refers to the isolation of a population from other
members of the species and is based on two criteria: (1) Marked
separation from other populations of the same taxon resulting from
physical, physiological, ecological, or behavioral factors, including
genetic discontinuity; or (2) populations delimited by international
boundaries.
We determine significance either by the importance or contribution,
or both, of a discrete population to the species throughout its range.
Our policy lists four examples of factors that may be used to determine
significance: (1) Persistence of the discrete population segment in an
ecological setting unusual or unique for the taxon; (2) evidence that
loss of the discrete population segment would result in a significant
gap in the range of the taxon; (3) evidence that the discrete
population segment represents the only surviving natural occurrence of
the taxon that may be more abundant elsewhere as an introduced
population outside its historic range; and (4) evidence that the
discrete population segment differs markedly from other populations of
the taxon in its genetic characteristics.
If we determine that a population segment is discrete and
significant, we evaluate it for endangered or threatened status based
on the Act's standards. Endangered means the species is in danger of
extinction throughout all or a significant portion of its range.
Threatened means the species is likely to become endangered within the
foreseeable future throughout all or a significant portion of its
range.
Discreteness: The range of the mountain yellow-legged frog is
divided by a natural geographic barrier, the Tehachapi Mountains, which
geographically isolates frogs in the southern Sierra Nevada from those
in the mountains of southern California. The distance of the geographic
separation is about 225 km (140 mi). The geographic separation of the
Sierra Nevada and southern California frogs was recognized in the
earliest description of the species by Camp (1917), who treated frogs
from the two localities as separate subspecies within the R. boylii
group. He designated the Sierra Nevada frogs R. b. sierrae and the
southern California frogs R. b. muscosa, based on geography and subtle
morphological (outward appearance; structure and form) differences.
Zweifel (1955) reevaluated the morphological evidence used by Camp and
found it insufficient to warrant recognition of two subspecies.
Using a limited sample size, Ziesmer (1997) analyzed the calls of
Sierra Nevada (Alpine and Mariposa Counties) (n = 86 utterances) and
southern California (San Jacinto Mountains, Riverside County) mountain
yellow-legged frogs (n = 23 utterances). The calls of Sierra Nevada
frogs differed from southern California frogs in pulse rate, harmonic
structure, and dominant frequency (Ziesmer 1997). Ziesmer (1997)
concluded that the differences in calls supported the hypothesis that
mountain yellow-legged frogs from the Sierra Nevada and southern
California are separate species.
In addition, two different genetic analyses have been conducted
that support the concept that mountain yellow-legged frog populations
in southern California are different from those in the Sierra Nevada.
As noted in the proposed listing rule (64 FR 71714), a previously
unpublished allozyme study was used to compare mountain yellow-legged
frogs for the central Sierra Nevada and southern California (Green in
litt., 1993). He found a fairly significant genetic difference between
the two populations, but without frogs
[[Page 44385]]
from the southern Sierra Nevada for comparison, it was not clear
whether the difference reflected two ends of a cline (a character
gradient), or distinct populations. Thus, due to the small sample
sizes, the results were interpreted cautiously. More recently, a
phylogenetic analysis of mitochondrial DNA sequences was performed on
Rana muscosa throughout its distribution (Macey et al. 2001).
Mitochondrial DNA sequences provide a more robust analysis of
relationships than the allozymic data (Macey et al. 2001). Macey et al.
(2001) found that eight populations of mountain yellow-legged frogs
form two major clades separated by a biogeographic break in the Sierra
Nevada. The break occurs between Kings Canyon National Park and a
region slightly north of Yosemite National Park (Macey et al. 2001).
The northern clade consists of populations from the northern and
central Sierra Nevada, while the southern clade contains populations
from the southern Sierra Nevada and the San Gabriel, San Jacinto, and
San Bernardino Mountains in southern California. The two major clades,
or groups, within R. muscosa are estimated to have diverged about 2.2
million years ago (Macey et al. 2001).
The two major clades each contained two subgroups, suggesting at
least four evolutionarily distinct units within this taxon (Macey et
al. 2001). Macey et al. (2001) found statistical support for
evolutionarily distinct populations from the northern Sierra Nevada,
central Sierra Nevada, southern Sierra Nevada, and southern California
mountains (San Bernardino, Los Angeles, and Riverside counties). The
southern Sierra Nevada and southern California subgroups are estimated
to have diverged about 1.4 million years ago (Macey et al. 2001).
The vocalization differences found by Ziesmer (1997) support the
discreteness of southern California mountain yellow-legged frogs from
the Sierra Nevada populations. The genetic study conducted by Macey et
al. (2001) also strongly supports the conclusion that the population of
mountain yellow-legged frogs in southern California is discrete. The
results from these studies together with the geographic separation of
the southern population from the rest of the populations in the Sierra
Nevada satisfy the criterion of ``marked separation from other
populations of the same taxon'' and qualify as discrete according to
the Policy Regarding the Recognition of Distinct Vertebrate Population
Segments (61 FR 4722).
Significance: One of the most striking differences between Sierran
and southern California mountain yellow-legged frogs is the ecological
setting they each occupy. Zweifel (1955) observed that the frogs in
southern California are typically found in steep gradient streams in
the chaparral belt, even though they may range into small meadow
streams at higher elevations. In contrast, Sierran frogs are most
abundant in high elevation lakes and slow-moving portions of streams.
Bradford's (1989) southern Sierra Nevada Mountain study site, for
example, was in Sequoia and Kings Canyon National Parks, at high
elevations between 2,910 to 3,430 m (9,600 to 11,319 ft). The rugged
canyons of the arid mountain ranges of southern California bear little
resemblance to the alpine lakes and streams of the Sierra Nevada. The
different ecological settings between mountain yellow-legged frogs in
southern California and those in the Sierra Nevada distinguish these
populations from each other.
The extinction of this southern group would be significant because
it would substantially reduce the overall range to only the Sierra
Nevada. The mountain yellow-legged frogs of southern California
comprise the southern limit of the species' range, and the loss of the
southern California frogs on the periphery of the species' range could
have significant conservation implications. Peripheral populations may
be genetically and morphologically divergent from central populations.
As such, distinct traits found in peripheral populations may be crucial
to the species, allowing adaptation to environmental change. Peripheral
populations often are important for the survival and evolution of
species and will often have high value for conservation (Lesica and
Allendorf 1995).
Based on the differences between the ecological settings for the
mountain yellow-legged frog in southern California (steep gradient
streams) and the Sierra Nevada (high elevation lakes and slow moving
portions of streams), elevation, and the importance of the southern
California population to the entire range of this species, the mountain
yellow-legged frogs inhabiting the mountains of southern California
meet the significance criteria under our Policy Regarding the
Recognition of Distinct Vertebrate Population Segments (61 FR 4722).
Conservation Status
Based on our determination that the southern California population
of mountain yellow-legged frogs meets the first two criteria for a
distinct vertebrate population segment per our policy, discreteness and
significance, we must evaluate its conservation status and make a
determination relative to the Act's standards for listing as endangered
or threatened. Please refer to the Summary of Factors Affecting the
Species for our discussion of the status of the species.
Previous Federal Action
On July 13, 1995, we received a petition dated July 10, 1995, from
D.C. Jasper Carlton of the Biodiversity Legal Foundation, Bonnie M.
Dombrowski, and Michael C. Long to list as threatened or endangered the
southern California population of the mountain yellow-legged frog
pursuant to the Act. Accompanying the petition was supporting
information related to the taxonomy, ecology, and past and present
distribution of the species. We reviewed the petition, supporting
documentation, and other information to determine if substantial
information was available to indicate that the requested action may be
warranted. On July 8, 1997, we published a 90-day administrative
finding on the petition to list the southern California population of
the mountain yellow-legged frog (62 FR 36481). In our finding, we
discussed our determination that the petition presented substantial
information indicating that listing of the species may be warranted and
that we believed the southern California population to be a distinct
vertebrate population segment.
Once we determined that the petition presented substantial
information, we commenced a status review pursuant to section
4(b)(3)(A) of the Act. However, consistent with the applicable Listing
Priority Guidances (62 FR 55268, 63 FR 25502), we worked on higher
priority listing actions before completing the 12-month administrative
finding and proposed listing rule on December 22, 1999, to list this
DPS of the mountain yellow-legged frog as endangered (64 FR 71714). The
processing of the 12-month administrative finding and the proposed
listing rule conformed with our Listing Priority Guidance published in
the Federal Register on October 22, 1999 (64 FR 57114).
On May 19, 2000, we published a notice of reopening of the comment
period in response to a request from the California Department of Fish
and Game (CDFG) for additional time to obtain biological information
regarding the mountain yellow-legged frog and to comment on the
proposed rule (65 FR 31870). Due to limited resources and the need to
undertake other, higher-priority listing actions, the Service was
unable to make a final determination for this species within the 12-
month statutory timeframe provided by the Act. In August 2001, the
Department of the
[[Page 44386]]
Interior reached an agreement in principal with the Center for
Biological Diversity, Southern Appalachian Biodiversity Project, and
the California Native Plant Society on a timeframe to make final
listing determinations for 14 species, including the mountain yellow-
legged frog (southern California DPS). The agreement was formalized in
October 2001 (Center for Biological Diversity, et al. v. Norton, Civ.
No. 01-2063 (JR) (D.D.C.)). The publication of the final rule to list
the southern California distinct vertebrate population segment of the
mountain yellow-legged frog complies with the terms of that court-
approved settlement agreement.
Additionally, on February 10, 2000, we received a petition dated
February 8, 2000, to list as endangered the Sierra Nevada population of
the mountain yellow-legged frog as a distinct vertebrate population.
The petition addresses the remainder of the entire species' range, in
the Sierra Nevada from Tulare County, CA, in the south to Plumas
County, CA, in the north. On October 12, 2000, we published an
administrative 90-day finding indicating that the petition presented
substantial information and that the petitioned action may be warranted
(65 FR 60603), and we initiated a status review for the mountain
yellow-legged frog. The results of this review will be addressed in our
12-month administrative finding on the petitioned action.
Summary of Comments and Recommendations
In the December 22, 1999, proposed rule (64 FR 71714), we requested
all interested parties to submit factual reports or information that
might contribute to development of this final rule during the 60-day
public comment period which closed on February 22, 2000. We requested
comments from appropriate Federal agencies, State agencies, county and
city governments, scientific organizations, and other interested
parties. We published public notices of the proposed rule in the Los
Angeles Times in Los Angeles County on December 27, 1999, The Press-
Enterprise in Riverside County on December 29, 1999, and The Sun in San
Bernardino County on December 30, 1999, inviting the general public to
comment. On February 7, 2000, we received a request for a public
hearing; however, at a later date the same individual provided comments
on the proposed rule and retracted the request for a public hearing. On
May 19, 2000, we reopened the public comment period for an additional
30 days (65 FR 31870) to obtain biological information and to receive
further comments on the proposed rule.
During the two public comment periods, we received written comments
from a total of 18 individuals or agencies. All commenters supported
the listing of the mountain yellow-legged frog DPS in southern
California, but several expressed concern over our discussion and
analysis of the potential factors affecting the species.
Peer Review
In accordance with our July 1, 1994, Interagency Cooperative Policy
for Peer Review in Endangered Species Act Activities (59 FR 34270), we
solicited the expert opinions of six independent specialists regarding
pertinent scientific or commercial data and assumptions relating to the
taxonomy, population status, and supporting biological and ecological
information for the taxon under consideration for listing. The purpose
of such review is to ensure that listing decisions are based on
scientifically sound data, assumptions, and analyses, including input
of appropriate experts and specialists. All six peer reviewers
responded and supported the listing of this taxon. Information and
suggestions provided by the reviewers were incorporated or addressed as
applicable.
Comments on the proposed listing rule and our responses are either
summarized below or directly incorporated into this final rule:
Comment 1: A peer reviewer requested additional discussion of the
potential effects of water projects in drainages where mountain yellow-
legged frogs occur.
Our Response: Currently, we lack specific information to address
adequately the effects of water projects in drainages on the mountain
yellow-legged frog in this final rule. However, we recognize that these
projects may affect the mountain yellow-legged frog and its habitat. We
will continue to gather information and attempt to address this issue
in the future.
Comment 2: One peer reviewer noted our statement that all nine
known populations of southern California mountain yellow-legged frog
occur on USFS lands may not be true because Fuller Mill Creek flows
through private property in the community of Pinewood.
Our Response: We have made that correction in this final rule. As
one of the conservation measures for the mountain yellow-legged frog,
the USFS identified a portion of the private land along Fuller Mill
Creek (approximately 24 hectares (ha) (60 acres (ac)) for acquisition
(USFWS 2001). In January 2001, the USFS acquired 97 ha (240 ac) of
private land along Fuller Mill Creek in Pinewood (Regelbrugge in litt.
2002). While this land acquisition included the original 24 ha (60 ac)
targeted, along with additional mountain yellow-legged frog habitat,
portions of the creek that contain suitable, occupied habitat remain
under private ownership.
Comment 3: One commenter requested that future proposals of
critical habitat undergo a public comment period similar to the
proposed listing.
Our Response: Pursuant to the Act and implementing regulations, we
are required to solicit public comments on proposed rulemakings,
including proposed critical habitat designations.
Comment 4: One commenter responded that there is relatively little
information on the life history of stream-dwelling mountain yellow-
legged frog populations, and our conclusion in the proposed listing
rule that wherever rainbow trout (Oncorhynchus mykiss) and mountain
yellow-legged frogs co-occur, trout are likely to eliminate mountain
yellow-legged frogs was unsubstantiated, because the data was collected
from high elevation lakes in the Sierra Nevada.
Our Response: In our proposed listing rule, we stated that trout
may keep populations of mountain yellow-legged frogs low and limit
dispersal. Although all studies that have concluded trout negatively
affect the distribution of mountain yellow-legged frogs were conducted
on lakes and ponds in the Sierra Nevada (Bradford 1989, Knapp 1996,
Knapp and Matthews 2000), the inference that trout in southern
California streams would have the same or similar adverse effects on
mountain yellow-legged frog populations is strong and should not be
overlooked. In these studies, it was documented that nonnative trout
may be the most severe threat affecting mountain yellow-legged frogs
(Backlin et al. 2001) by predating larvae and metamorphs (Hays and
Jennings 1986, Bradford 1989). Furthermore, research has shown adverse
effects of trout on frog tadpoles in a stream-setting (Rattlesnake
Creek) within the Santa Ynez Mountains (Cooper et al. 1986). Cooper et
al. (1986) stated that their experiments showed that trout eliminated
treefrog (Hyla spp.) tadpoles.
We are currently funding a study through section 6 of the Act, to
examine the natural history of the southern California DPS and
interactions with trout.
Comment 5: One commenter stated the proposed rule unnecessarily
focused
[[Page 44387]]
on potential public impacts, and was worried that as a result, the USFS
would respond to the final listing with forest closures that are not
warranted. The commenter noted human activities such as day use, hiking
and camping were being singled out in the proposed rule.
Our Response: Although we did not specifically identify
recreational activities as a significant factor in the precipitous
decline of the southern California DPS of mountain yellow-legged frog,
the few remaining occurrences of this species in southern California
are now at risk of extinction. Any activity that results in disturbance
to the species or which may harm eggs, tadpoles or adult frogs could
negatively affect the continued survival of this DPS. We have conferred
with the USFS on their activities which may affect the mountain yellow-
legged frog and have identified actions to prevent impacts to the
species (USFWS 2001). The small number of mountain yellow-legged frogs
in southern California occur in a few stream reaches within the Angeles
National Forest (ANF) and San Bernardino National Forest (SBNF). We
believe that actions undertaken by the USFS to reduce impacts to this
species on USFS lands in southern California will have a limited effect
on current recreational activities within the Angeles and San
Bernardino National Forests.
Comment 6: One peer reviewer indicated that the recent genetic
research conducted by Macey et al. (2001) suggested that the southern
DPS of the mountain yellow-legged frog is in fact a separate species
instead of a DPS, and that he had submitted a paper for review
concerning this proposed taxonomic change.
Our Response: In this final rule, we rely on the results of the
recent genetic study by Macey et al. (2001) as further evidence that
the southern populations of the mountain yellow-legged frog meet the
policy definition of a distinct vertebrate population segment. While
the results of this study provide substantial information concerning
the taxonomy and evolutionary history of the mountain yellow-legged
frog, Macey et al. (2001) do not suggest the four subgroups constitute
separate species. We appreciate the information concerning the proposed
taxonomic changes; and look forward to reviewing this new information
following publication in a peer-reviewed journal.
Summary of Factors Affecting the Species
Section 4 of the Endangered Species Act (16 U.S.C. 1531 et seq.)
and the regulations (50 CFR part 424) that implement the listing
provisions of the Act set forth the procedures for adding species to
the Federal list of endangered and threatened species. A species may be
determined to be endangered or threatened due to one or more of the
five factors described in section 4(a)(1). These factors and their
application to the southern California DPS of mountain yellow-legged
frogs are discussed below:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
The seven remaining occurrences of the southern California DPS of
mountain yellow-legged frog occur within three drainages; five are
within a drainage in the San Gabriel Mountains, one population inhabits
a drainage in the San Bernardino Mountains, and one is in the San
Jacinto Mountains. Most of the known locations of this DPS occur on
lands administered by the USFS. The extremely limited number and small
size of the remaining populations makes this DPS of mountain yellow-
legged frog particularly vulnerable to extirpation resulting from
localized habitat alteration or degradation, and stochastic (random,
naturally occurring) events such as fire or drought (Backlin et al.
2002).
Alteration or degradation of habitat for this DPS within ANF and
SBNF could result from recreational activities including hiking,
mountain climbing, camping, swimming, stocking of trout for fishing,
and suction dredge mining for gold; or other human-related impacts
including release of toxic or hazardous materials into stream reaches
inhabited by the DPS (Jennings 1995, Backlin et al. 2002, USFS 2002).
In areas occupied by this DPS, human use in and along streams can
disrupt the development, survivorship, and recruitment of eggs, larvae,
and adult frogs (Jennings 1995; Stewart in litt. 1995), and can change
the character of a stream and its bank and associated vegetation in
ways that make whole sections of a stream less suitable for the
species.
The following table identifies known recreational activities or
other factors that may affect one or more of the remaining populations
of the southern California DPS of mountain yellow-legged frog.
------------------------------------------------------------------------
Location of
National Forest population Activity
------------------------------------------------------------------------
ANF......................... South Fork, Big Rock Trout stocking.
Creek--Mojave.
ANF......................... Little Rock Creek-- Trail use; mountain
Mojave. climbing; vehicle
travel on Highway
2.
ANF......................... Bear Gulch--East Suction dredge
Fork, San Gabriel. mining for gold;
recreation (e.g.,
hiking).
ANF......................... Devil's Canyon--West Recreation; trout
Fork, San Gabriel. stocking.
ANF......................... Vincent Gulch--East None.
Fork, San Gabriel.
SBNF........................ East Fork City Creek- Vehicle travel on
-City Creek. highway 330;
wildfire due to
buildup of fuels;
introduction of non-
resident trout.
SBNF........................ Fuller Mill Creek-- Picnicking; trout
Mill Creek. stocking; wildfire
concern.
------------------------------------------------------------------------
Suction dredge mining for gold has occurred in a portion of the
East Fork, San Gabriel River within the Sheep Mountain Wilderness Area.
The dumping of trash and toxic materials (soap, motor oil, mercury) has
also occurred in this area. (Jennings 1995). Some of the habitat
effects of suction dredging on streams are described by Harvey (1986),
who found that dredging may locally alter substrates and change habitat
for fish and invertebrates. Consequently, disturbance to streambed
substrates and water quality resulting from extensive suction dredging
activity at or near a mountain yellow-legged frog breeding site could
have harmful effects on eggs and developing larvae. Dumping of trash
and toxic materials can degrade water quality, also with adverse
effects on eggs and developing larvae.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Numerous museum specimens from many localities document that
mountain yellow-legged frogs from the southern DPS have been collected
for scientific
[[Page 44388]]
purposes for decades (Jennings and Hayes 1994). Because the DPS has
declined precipitously, resulting in a limited number of small
populations, little scientific collecting of the southern DPS would
likely be authorized. Collecting for scientific or recreational
purposes, if it did occur, could seriously increase the probability of
extirpation of any of the remaining populations, potentially reducing
the ability of the DPS to survive and recover.
C. Disease or Predation
Predation by introduced fish, primarily rainbow trout, is one of
the best-documented causes of the decline of Sierran mountain yellow-
legged frogs. Careful study of the distributions of introduced trout
and mountain yellow-legged frogs over several years has shown
conclusively that introduced trout have had negative impacts on
mountain yellow-legged frogs over much of the Sierra Nevada due to
predation of tadpoles and other life stages (Bradford 1989, Knapp 1996,
Knapp and Matthews 2000). Bradford (1989) and Bradford et al. (1993)
concluded that introduced trout eliminate many populations of mountain
yellow-legged frogs and the presence of trout in intervening streams
sufficiently isolates other frog populations so that recolonization
after stochastic local extirpations is essentially impossible. This
mechanism is sufficient to explain the extirpation of Sierra Nevada
mountain yellow-legged frogs from the majority of sites they once
inhabited. Alone or in combination with other factors, introduced trout
may have contributed to the widespread decline of the southern DPS as
well.
Virtually all streams in the mountains of southern California
contain populations of introduced rainbow trout, and until recently,
trout were routinely released by California Department of Fish and Game
in Dark Canyon and Fuller Mill Creek in the San Jacinto Mountains, and
City Creek in the San Bernardino Mountains. Most of the other streams
still occupied by mountain yellow-legged frogs have histories of trout
introductions. However, the remaining frog occurrences in these streams
are almost all in the small headwater sections where barriers restrict
upstream movement of trout. While there have been no studies that
specifically looked at the interaction between trout and stream-
dwelling mountain yellow-legged frogs in southern California, Cooper et
al. (1986) found trout eliminated stream-dwelling treefrog (Hyla spp.)
tadpoles in Rattlesnake Creek within the Santa Ynez Mountains. Wherever
the two species co-occur, trout are likely to heavily impact mountain
yellow-legged frog populations by eliminating or keeping populations
low and limiting dispersal (Bradford 1989, Bradford et al. 1993). Knapp
and Matthews (2000) suggested that mountain yellow-legged frog
populations co-occurring with trout generally represent ``sink''
populations (a population in which the mortality rate exceeds the birth
rate). Consequently, co-occurrence of mountain yellow-legged frogs and
trout is insufficient evidence that trout have had relatively minor
effects on frogs, because the persistence of these frog occurrences is
likely dependent on immigration from source populations (Knapp and
Matthews 2000). The widespread occurrence of introduced trout and
continued releases in the mountains of southern California may make it
very difficult to recover the DPS.
Another introduced predator that could have effects on the DPS
similar to those of the trout, but on a more limited scale, is the
bullfrog (Rana catesbeiana). Bullfrogs have been listed among the
threats to other western frogs (61 FR 25813, Kiesecker and Blaustein
1998) and arroyo toads (59 FR 64859). Bullfrogs are now widespread in
southern California and occur in many drainages formerly occupied by
mountain yellow-legged frogs. The negative effects of bullfrogs on
mountain yellow-legged frogs in the mountains of southern California
are probably less widespread than those of introduced trout because
there is less overlap in their occurrence. Any habitat alterations that
are favorable to bullfrogs, however, will likely cause them to become
locally abundant. In areas where mountain yellow-legged frogs occur, an
increase of bullfrogs could further isolate the remaining populations;
thereby potentially reducing the ability of the DPS to survive and
recover.
Bradford (1991) documented the loss of a Sierra Nevada population
of mountain yellow-legged frogs due to the combined effect of ``red-
leg'' disease (caused by the freshwater bacterium Aeromonas hydrophila)
and predation by Brewer's blackbirds (Euphagus cyanocephalus). Another
pathogen that is generating concern among those who study amphibian
declines is the chytrid fungus Batrachochytrium dendrobatidis. Chytrid
fungus may be seriously affecting amphibians by attacking the
mouthparts of tadpoles affecting their ability to feed. Chytrid fungus
occurs in many places around the world, and has recently been
discovered on larval and recently metamorphosed mountain yellow-legged
frogs in the Sierra Nevada (Fellers et al. 2001). Because of the small
and isolated nature of the remaining occurrences in southern
California, disease could be significantly detrimental.
D. The Inadequacy of Existing Regulatory Mechanisms
Existing regulatory mechanisms have not stopped the decline of
mountain yellow-legged frogs in southern California. Existing
regulatory mechanisms that could provide some protection for the
mountain yellow-legged frog include: (1) State laws, including the
California Endangered Species Act (CESA), California Environmental
Quality Act (CEQA), and section 1603 of the California Fish and Game
Code; (2) Federal laws and regulations including the National
Environmental Policy Act (NEPA), the Endangered Species Act in those
cases where this species occurs in habitat occupied by other listed
species, Fish and Wildlife Coordination Act, and section 404 of the
Federal Clean Water Act; and (3) local land use processes and
ordinances.
The State of California considers the mountain yellow-legged frog a
species of special concern, but it is not listed as a threatened or
endangered species under the CESA. Consequently, the species receives
no protection under CESA. California Sport Fishing Regulations include
the mountain yellow-legged frog as a protected species that may not be
taken or possessed at any time except under special permit from the
CDFG, however, the protection afforded by this regulation does not
address the significant threats to the DPS presented by such factors as
habitat alteration or predation by nonnative species.
CEQA requires a full public disclosure of the potential
environmental impact of proposed projects. The public agency with
primary authority or jurisdiction over the project is designated as the
lead agency, and is responsible for conducting a review of the project
and consulting with other agencies concerned with resources affected by
the project. Section 15065 of CEQA guidelines require a finding of
significance if a project has the potential to ``reduce the number or
restrict the range of a rare or endangered plant or animal.'' Species
that are eligible for listing as rare, threatened, or endangered but
are not so listed are given the same protection as those species that
are officially listed with the State. Once significant impacts are
[[Page 44389]]
identified, the lead agency has the option to require mitigation for
effects through changes in the project or to decide that overriding
considerations make mitigation infeasible. In the latter case, projects
may be approved that cause significant environmental damage, such as
elimination of endangered species or their habitats. Protection of
listed species through CEQA is, therefore, at the discretion of the
lead agency involved. CEQA provides that, when overriding social and
economic considerations can be demonstrated, project proposals may go
forward, even in cases where the continued existence of the species may
be threatened, or where adverse impacts are not mitigated to the point
of insignificance.
The arroyo toad (Bufo californicus), a federally listed endangered
species, is present in the San Gabriel Mountains. Because the two
species occupy different areas and habitats in the San Gabriel
Mountains and the arroyo toads are not known to occur elsewhere in the
limited range of the mountain yellow-legged frog, we believe there is
limited benefit to the mountain yellow-legged frog from the presence of
the arroyo toad.
The Fish and Wildlife Coordination Act and section 404 of the Clean
Water Act will afford some protection to mountain yellow-legged frogs
where they occur in waters of the United States that require a permit
from the U.S. Army Corps of Engineers (Corps). Under section 404 of the
Clean Water Act, the Corps regulates the discharge of fill material
into waters of the United States. Through the Fish and Wildlife
Coordination Act, we may recommend discretionary conservation measures
to avoid, minimize, and offset impacts to fish and wildlife resources
resulting from a water development project authorized by the Corps.
Section 404 regulations require that applicants obtain a nationwide,
regional, or individual permit for projects that discharge fill
material into waters of the United States.
The U.S. Forest Service's Angeles and San Bernardino National
Forests manage lands containing all known locations of mountain yellow-
legged frogs in southern California. The USFS has included mountain
yellow-legged frogs on its Region 5 list of sensitive species as of
June 8, 1998. The USFS has been formulating a conservation assessment
and strategy for the mountain yellow-legged frog in southern California
in a cooperative effort with other agencies, but this effort is still
in progress (USFS 2002). As noted in the discussion of the factors
above, the presence of introduced trout on USFS lands is believed to be
a serious threat to the mountain yellow-legged frog. Additionally,
because the DPS has been reduced to small isolated remnant populations,
recreational activities (e.g., bathing, camping, hiking, etc.)
occurring on USFS lands may threaten the remaining frogs. The perilous
status of the mountain yellow-legged frog reflects the overall
inability of existing CEQA, National Environmental Policy Act, and
other Federal, State, and local ordinances and statutes to protect and
provide for the conservation of this DPS.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
The southern California DPS of mountain yellow-legged frog is
considered at high risk of extirpation because very few locations
remain, the locations are isolated from one another, and each location
likely contains only a small number of frogs. Few populations and
restricted habitat make the southern California DPS of mountain yellow-
legged frog susceptible to extinction or extirpation from all or a
portion of its range due to random events such as fire, flood or
drought. In addition, small population size may increase the
susceptibility of the remaining mountain yellow-legged frog populations
in southern California to extirpation from random demographic,
environmental and/or genetic events (Shaffer 1981, 1987; Lande 1988;
Noss and Cooperrider 1994; Meffe and Carroll 1997, Primack 1998).
Finally, disruption of source population and dispersal dynamics (e.g.,
source populations that provide individuals that can disperse to other
populations or colonize new areas which assists in the stability and
recovery of the species) may increase the risk of extinction of the
southern California populations of the frog (Noss and Cooperrider
1994). These effects are discussed briefly below.
Unpredictable events such as fire could potentially eliminate
entire populations of this DPS (Stewart in litt. 1995, Jennings 1995).
Several of the remaining populations of mountain yellow-legged frog in
southern California occur within areas where vegetation and fuel levels
have increased. The increased fuel levels could lead to fires that burn
more intensely, removing most of the vegetation which would affect the
amount of available stream shade and could increase sedimentation
within a stream channel due to exposed soils (USFS 2002).
Mountain yellow-legged frog populations in the southern California
DPS are also at risk from floods and drought. Unlike the lake
environments utilized by the Sierra Nevada populations of the species,
the streams inhabited by the southern California DPS flow through
narrow canyons that provide little opportunity for off-channel refuge
for the species during flood events (USFS 2002). Stewart (in litt.
1995) believed that flooding during the winter of 1969 was a major
factor in the disappearance of mountain yellow-legged frogs from Evey
Canyon in the San Gabriel Mountains.
Mountain yellow-legged frogs are almost always found in or
immediately adjacent to water (USFS 2002). Periods of prolonged drought
could have a significant effect on one or more of the remaining
populations of this DPS as a result of reduced reproduction and
reproductive success (i.e., mortality of eggs and tadpoles) (USFS
2002).
Demographic events that may put small populations at risk involve
chance variation in age, sex ratios, and other population
characteristics, which can change birth and death rates (Shaffer 1981,
1987; Lande 1988; Noss and Cooperrider 1994; Meffe and Carroll 1997). A
limited survey conducted by Jennings (1995) found skewed sex ratios in
the populations of mountain yellow-legged frogs in the San Gabriel
Mountains.
Small, isolated populations are also vulnerable to genetic drift
(random changes in gene frequencies) and inbreeding (mating among close
relatives). Genetic drift and inbreeding may lead to reductions in the
ability of individuals to survive and reproduce (i.e., reductions in
fitness) in small populations. In addition, reduced genetic variation
in small populations may make any species less able to successfully
adapt to future environmental changes (Shaffer 1981, 1987; Noss and
Cooperrider 1994, Primack 1998).
Finally, we believe that the connectivity of populations within
this DPS has been substantially reduced compared to the recent past.
Loss of one or more of the remaining populations within the southern
California DPS would cause the remaining populations to become even
more isolated from one another, thereby reducing the likelihood of its
long-term survival and recovery.
We have evaluated the best available scientific and commercial
information regarding the status of, and threats to, the southern
California DPS of mountain yellow-legged frog in determining its
eligibility for listing pursuant to the Act. Based on our evaluation,
we determine that listing of the southern California DPS of
[[Page 44390]]
mountain yellow-legged frog as endangered, under the Act, is warranted
and appropriate.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (i) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the provisions of section 4 of
the Act, on which are found those physical or biological features (I)
essential to the conservation of the species and (II) that may require
special management considerations or protection, and (ii) specific
areas outside the geographical area occupied by a species at the time
it is listed, upon a determination by the Secretary that such areas are
essential for the conservation of the species (16 U.S.C. 1532(5)).
``Conservation'' means the use of all methods and procedures needed to
bring an endangered or threatened species to the point at which
protection under the Act is no longer necessary.
Critical habitat designation directly affects only Federal agency
actions through consultation under section 7(a)(2) of the Act. Section
7(a)(2) requires Federal agencies to ensure that activities they
authorize, fund, or carry out are not likely to jeopardize the
continued existence of a listed species or destroy or adversely modify
its critical habitat.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, we designate critical habitat at the time the species
is determined to be endangered or threatened. Our regulations (50 CFR
424.12(a)(1)) state that the designation of critical habitat is not
prudent when one or both of the following situations exist--(1) the
species is threatened by taking or other human activity, and
identification of critical habitat can be expected to increase the
degree of threat to the species, or (2) such designation of critical
habitat would not be beneficial to the species.
Due to the small number and sizes of populations, the mountain
yellow-legged frog is vulnerable to unrestricted collection, vandalism,
or other disturbance. We are concerned that these threats might be
exacerbated by the publication of critical habitat maps and further
dissemination of location information. However, we have examined the
evidence available for the mountain yellow-legged frog and have not
found significant specific evidence of taking, vandalism, collection,
or trade of this species or any similarly situated species.
Consequently, consistent with applicable regulations (50 CFR
424.12(a)(1)(i)) and recent case law, we do not expect that the
identification of critical habitat will increase the degree of threat
to this species of taking or other human activity.
In the absence of a finding that critical habitat would increase
threats to a species, if there are any benefits to critical habitat
designation, then designating critical habitat is prudent. In the case
of the southern California DPS of mountain yellow-legged frog, there
may be some benefits to designation of critical habitat. The primary
regulatory effect of critical habitat is the section 7 requirement that
Federal agencies refrain from taking any action that destroys or
adversely modifies critical habitat. While a critical habitat
designation for habitat currently occupied by this species would not be
likely to change the section 7 consultation outcome because an action
that destroys or adversely modifies such critical habitat would also be
likely to result in jeopardy to the species, there may be instances
where section 7 consultation would be triggered only if critical
habitat is designated. Examples could include unoccupied habitat or
occupied habitat that may become unoccupied in the future. There may
also be some educational or informational benefits to designating
critical habitat. Therefore, we find that critical habitat is prudent
for the southern California DPS of the mountain yellow-legged frog.
However, the deferral of the critical habitat designation for this
DPS of the mountain yellow-legged frog will allow us to concentrate our
limited resources on higher priority critical habitat designations and
other listing actions, while allowing us to put in place protections
needed for the conservation of the southern California DPS of mountain
yellow-legged frog without further delay. This is consistent with
section 4(b)(6)(C)(i) of the Act, which states that final listing
decisions may be issued without concurrent designation of critical
habitat if it is essential to the conservation of the species that such
determinations be promptly published. We will prepare a critical
habitat designation for this species in the future at such time when
our available resources allow it.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include requirements for Federal protection,
prohibitions against certain practices, and recovery actions. The Act
provides for possible land acquisition/exchange and cooperation with
the States. The protection required of Federal agencies and the
prohibitions against certain activities involving listed species are
discussed, in part, below. Listing of the southern California DPS of
the mountain yellow-legged frog as endangered will provide for recovery
planning including the development of a recovery plan if it will
promote the conservation of the DPS. Such a plan will bring together
both State and Federal efforts for the mountain yellow-legged frog's
conservation. The plan will establish a framework for cooperation and
coordination among agencies in conservation efforts. The plan will set
recovery priorities and estimate costs of various tasks necessary to
accomplish them. It will also describe site-specific management actions
necessary to achieve conservation and survival of the southern
California DPS of the mountain yellow-legged frog.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) requires Federal agencies to confer
informally with the Service on any action that is likely to jeopardize
the continued existence of a proposed species or result in destruction
or adverse modification of its proposed critical habitat. If a species
is listed subsequently, section 7(a)(2) requires Federal agencies to
ensure that activities they authorize, fund, permit, or carry out are
not likely to jeopardize the continued existence of such a species or
to destroy or adversely modify its designated critical habitat. If a
Federal action may affect a listed species or its designated critical
habitat, the responsible Federal agency must enter into consultation
with us.
Federal agencies expected to have involvement with consultations
under section 7 of the Act regarding the southern California DPS of
mountain yellow-legged frog include the USFS through its management
activities and the Corps through its permit authority under section 404
of the Clean Water Act. These agencies either manage lands containing
the DPS or authorize, fund, or otherwise conduct activities that may
affect the DPS.
In 2001, the Service issued its biological and conference opinions
on the Land and Resource Management Plans (LRMP) for the four southern
California National Forests (USFWS 2001) addressing activities on the
[[Page 44391]]
Angeles and San Bernardino National Forests. The southern California
DPS of mountain yellow-legged frog, proposed for listing as endangered,
was included in a conference opinion. Measures contained in a
conference opinion are advisory in nature.
Conservation recommendations for the southern California DPS of
mountain yellow-legged frog included: (1) Installation of signage along
trails adjacent to areas occupied by the DPS to encourage the public to
remain on designated trails; (2) removal of picnic equipment or
campsites (barbeque pits, picnic tables) adjacent to areas occupied by
the DPS; (3) organization of workshops to educate campground permittees
about this DPS of mountain yellow-legged frog; (4) acquisition of
habitat for the DPS within private inholdings; (5) assignment of
additional patrols to prevent illegal suction dredge mining within the
Sheep Mountain Wilderness Area of Angeles National Forest; and (6)
relocation of a trail adjacent to an area occupied by the DPS within
Little Rock Canyon.
The conference opinion addressing the southern DPS of mountain
yellow-legged frog may be adopted as a biological opinion following the
listing of this DPS under the Act, if we review the proposed action and
determine there have been no significant changes in the action as
planned or in the information used during the conference. If we
determine the conference opinion may be adopted as the biological
opinion, no further consultation pursuant to section 7 will be
necessary, unless: (1) The amount of incidental take is exceeded; (2)
new information reveals effects of the agency action that may affect
the species or critical habitat in a manner and to an extent not
considered in the conference opinion; (3) the agency action is
subsequently modified in a manner that causes an effect to the species
or critical habitat that was not considered in the conference opinion;
or (4) a new species is listed or critical habitat designated that may
be affected by the action.
The Act and implementing regulations found at 50 CFR 17.21 set
forth a series of general prohibitions and exceptions that apply to all
endangered wildlife. These prohibitions under section 9 of the Act, in
part, make it illegal for any person subject to the jurisdiction of the
United States to take (including harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, collect, or attempt any such conduct),
import or export, transport in interstate or foreign commerce in the
course of commercial activity, or sell or offer for sale in interstate
or foreign commerce any listed species. It is also illegal to possess,
sell, deliver, carry, transport, or ship any such wildlife that has
been taken illegally. Certain exceptions apply to agents of the Service
and State conservation agencies.
It is the policy of the Service, published in the Federal Register
on July 1, 1994 (59 FR 34272), to identify to the maximum extent
practical at the time a species is listed those activities that would
or would not constitute a violation of section 9 of the Act. The intent
of this policy is to increase public awareness of the effect of listing
a species pursuant to the Act on proposed and ongoing activities within
the species' range. We believe the following actions would not likely
result in a violation of section 9:
Possession, delivery, or movement, including interstate transport
and import into or export from the United States, involving no
commercial activity, of dead specimens of this taxon that were
collected prior to the date of publication in the Federal Register of
the final regulation adding this taxon to the list of endangered
species.
Activities we believe will result in a violation of section 9 of
the Act include, but are not limited to:
(1) Take of southern California mountain yellow-legged frogs
without a permit, which includes harassing, harming, pursuing, hunting,
shooting, wounding, killing, trapping, capturing, or collecting, or
attempting any of these actions;
(2) Possessing, selling, delivering, carrying, transporting, or
shipping illegally taken mountain yellow-legged frogs;
(3) Interstate and foreign commerce (commerce across State and
international boundaries) and import/export (as discussed earlier in
this section);
(4) Introduction of non-native species that compete or hybridize
with, or prey on, mountain yellow-legged frogs;
(5) Destruction or alteration of mountain yellow-legged frog
habitat by suction dredging, channelization, diversion, in-stream
vehicle operation or rock removal, or other activities that result in
the destruction or significant degradation of cover, channel stability,
substrate composition, temperature, and habitat used by the species for
foraging, cover, migration, and breeding; and
(6) Discharging or dumping toxic chemicals, silt, or other
pollutants into waters supporting mountain yellow-legged frogs by
mining, or other developmental or land management activities that
result in destruction or significant degradation of cover, channel
stability, substrate composition, temperature, and habitat used by the
species for foraging, cover, migration, and breeding.
Questions regarding whether specific activities may constitute a
violation of section 9 should be directed to the Field Supervisor,
Carlsbad Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT). Requests for copies of the regulations and inquiries
regarding them may be addressed to the U.S. Fish and Wildlife Service,
Ecological Services, Endangered Species Permits, 911 NE. 11th Avenue,
Portland, OR 97232-4181 (Telephone 503/231-6241; FAX 503/231-6243).
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing these permits are at 50 CFR 17.22 and 17.23. Such
permits are available for scientific purposes, to enhance the
propagation or survival of the species, for incidental take in
connection with otherwise lawful activities, and/or for economic
hardship.
National Environmental Policy Act
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Endangered
Species Act of 1973, as amended. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).
Paperwork Reduction Act
This rule does not contain any collections of information that
require Office of Management and Budget (OMB) approval under the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An information
collection related to the rule pertaining to permits for endangered and
threatened species has OMB approval and is assigned control number
1018-0094, which expires July 31, 2004. This rule does not alter that
information collection requirement. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
References Cited
A complete list of all references cited herein are available upon
request from the Carlsbad Fish and Wildlife Office (see ADDRESSES).
[[Page 44392]]
Authors
The primary author of this final rule is the Carlsbad Fish and
Wildlife Office (see ADDRESSES).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
For the reasons given in the preamble, we amend part 17, subchapter
B of chapter I, title 50 of the Code of Federal Regulations, as set
forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. Section 17.11(h) is amended by adding the following, in
alphabetical order under AMPHIBIANS, to the List of Endangered and
Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Amphibians
* * * * * * *
Frog, mountain yellow-legged Rana muscosa........ U.S.A. (California, U.S.A., southern E 728 NA NA
(southern California DPS). Nevada). California.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: June 20, 2002.
Steve Williams,
Director, Fish and Wildlife Service.
[FR Doc. 02-16371 Filed 7-1-02; 8:45 am]
BILLING CODE 4310-55-P