[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Proposed Rules]
[Pages 14750-14759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5774]


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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 on 
a Petition To List the Siskiyou Mountains Salamander and Scott Bar 
Salamander as Threatened or Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to list the Siskiyou Mountains salamander 
(Plethodon stormi) and Scott Bar salamander (Plethodon asupak) as 
threatened or endangered, under the Endangered Species Act of 1973, as 
amended (Act). We find that the petition presents substantial 
scientific or commercial information indicating that listing these 
species may be warranted. Therefore, with the publication of this 
notice, we are initiating status reviews of these species, and we will 
issue a 12-month finding to determine if the petitioned action is 
warranted. To ensure that the status review of the Siskiyou Mountains 
and Scott Bar salamanders is comprehensive, we are soliciting 
scientific and commercial data

[[Page 14751]]

regarding these species. A determination on critical habitat will be 
made if and when a listing action is initiated for these species.

DATES: The finding announced in this document was made on March 29, 
2007. To be considered in the 12-month finding for this petition, 
comments and information should be submitted to us by May 29, 2007.

ADDRESSES: The complete file for this finding is available for public 
inspection, by appointment, during normal business hours at the Yreka 
Fish and Wildlife Office, U.S. Fish and Wildlife Service, 1829 S. 
Oregon Street, Yreka, CA 96097. Submit new information, materials, 
comments, or questions concerning these species to us at the address 
above or via electronic mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Phil Detrich, Field Supervisor, Yreka 
Fish and Wildlife Office (see ADDRESSES), or at (530) 842-5763. Persons 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Public Information Solicited

    When we make a finding that a petition presents substantial 
information to indicate that listing a species may be warranted, we are 
required to promptly commence a review of the status of the species. To 
ensure that the status review is complete and based on the best 
available scientific and commercial information, we are soliciting 
information on the Siskiyou Mountains and Scott Bar salamanders. We 
request any additional information, comments, and suggestions from the 
public, other concerned governmental agencies, Tribes, the scientific 
community, industry, or any other interested parties concerning the 
status of the Siskiyou Mountains and Scott Bar salamanders. We are 
seeking information regarding the species' historical and current 
status and distribution, biology and ecology, ongoing conservation 
measures for the species and habitat, and threats to either species or 
habitat.
    Please note that comments merely stating support or opposition to 
the actions under consideration without providing supporting 
information, although noted, will not be considered in making a 
determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is a threatened or endangered 
species shall be made ``solely on the basis of the best scientific and 
commercial data available.'' At the conclusion of the status review, we 
will issue the 12-month finding on the petition, as provided in section 
4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.).
    If we determine that listing either the Siskiyou Mountains 
salamander or Scott Bar salamander is warranted, it is our intent to 
propose critical habitat to the maximum extent prudent and determinable 
at the time we would propose to list the species. Therefore, with 
regard to areas within the geographical area currently occupied by the 
species we also request data and information on what may constitute 
physical or biological features essential to the conservation of either 
species, where these features are currently found, and whether any of 
these features may require special management considerations or 
protection. In addition, we request data and information regarding 
whether there are areas outside of the geographical area occupied by 
the species, which are essential to the conservation of either species. 
Please provide specific comments as to what, if any, critical habitat 
should be proposed for designation, if either species is proposed for 
listing, and why that proposed habitat meets the requirements of the 
Act.
    If you wish to comment or provide information, you may submit your 
comments and materials concerning this finding to the Field Supervisor 
(see ADDRESSES) by the date listing in the DATES section.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. Comments and materials received will be available for 
public inspection, by appointment, during normal business hours at the 
address listed in the ADDRESSES section.

Background

    Section 4(b)(3)(A) of the Act 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. The finding is based on 
information contained in the petition and information otherwise 
available in our files at the time we make the finding. To the maximum 
extent practicable, we are to make the finding within 90 days of our 
receipt of the petition, and publish our notice of the finding promptly 
in the Federal Register.
    In making this finding, we relied on information provided by the 
petitioners and otherwise available in our files at the time of the 
petition review. We had access to a Geographic Information System 
database of all known Siskiyou Mountains salamander and Scott Bar 
salamander sites, based on data obtained from researchers, the State of 
California, the United States Forest Service, and private land 
managers. We evaluated the information provided by the petitioners in 
accordance with 50 CFR 424.14(b). The process of making a 90-day 
finding under section 4(b)(3)(A) of the Act and Sec.  424.14(b) of our 
regulations is based on a determination of whether the information in 
the petition meets the ``substantial scientific or commercial 
information'' threshold. A substantial finding should be made when the 
Service deems that adequate and reliable information has been presented 
that would lead a reasonable person to believe that the petitioned 
action may be warranted.
    Our standard for substantial scientific or commercial information 
within the Code of Federal Regulations (CFR) with regard to a 90-day 
petition finding is ``that amount of information that would lead a 
reasonable person to believe that the measure proposed in the petition 
may be warranted'' (50 CFR 424.14(b)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly commence a status review of the species.
    On June 18, 2004, we received a petition dated June 16, 2004, from 
the Center for Biological Diversity, Klamath-Siskiyou Wildlands Center, 
and Noah Greenwald, to list the Siskiyou Mountains salamander 
(Plethodon stormi) as a threatened or endangered species on behalf of 
themselves and five other organizations. The petition clearly 
identified itself as such and included the requisite identification 
information for the petitioners, as required in 50 CFR 424.14(a). In 
their petition, the petitioners assert that there are three separate 
distinct population segments (DPSs) of the Siskiyou Mountains 
salamander, one of which consists of the Scott Bar salamander. 
Alternatively, the petitioners assert that the Scott Bar salamander is 
a separate species and request that it be considered independently for 
listing. Since the time of the petition, the Scott Bar salamander 
(Plethodon asupak) has been recognized as a species separate from the 
Siskiyou Mountains salamander (Mead et al.

[[Page 14752]]

2005) and we have reviewed it separately in making this finding. The 
petitioners also requested the Service to consider whether the Siskiyou 
Mountains salamander warrants listing throughout a significant portion 
of its range, and requested designation of critical habitat for both 
species concurrent with their listing. In a July 19, 2004, letter to 
the petitioners, we responded that we reviewed the petition for both 
species and determined that an emergency listing was not warranted, and 
that because of inadequate funds for listing and critical habitat 
designation, we would not be able to otherwise address the petition to 
list the Siskiyou Mountains salamander and Scott Bar salamander at that 
time.
    On June 23, 2005, we received a 60-day notice of intent to sue, and 
on August 23, 2005, the Center for Biological Diversity and four other 
groups filed a Complaint for Declaratory and Injunctive Relief in 
Federal District Court for the District of Oregon (Center for 
Biological Diversity, et al. v. Norton et al., No. 3:05-CV-1311-BR), 
challenging our failure to issue a 90-day finding on the petition to 
list the Siskiyou Mountains salamander and Scott Bar salamander. On 
December 28, 2005, we reached an agreement with the plaintiffs to 
complete the 90-day finding by April 15, 2006, and if we determined 
that the petition presented substantial information that listing may be 
warranted, to complete the 12-month finding by January 15, 2007.
    On April 17, 2006, the Service made its 90-day finding (71 FR 
23886; April 25, 2006). That finding concluded that the petition did 
not present substantial scientific or commercial information to warrant 
the listing of Siskiyou Mountains and Scott Bar salamanders.
    On July 6, 2006, the Center for Biological Diversity and others 
filed suit in the United States District Court for the Northern 
District of California (Center for Biological Diversity et al. vs. Dirk 
Kempthorne et al., No. C-06-4186-WHA) challenging the merits of our 
April 17, 2006, 90-day finding.
    On January 19, 2007, the U.S. District Court determined the 90-day 
finding was arbitrary and capricious, and the Court vacated and 
remanded the finding, and ordered the Service to make a new 90-day 
finding by March 23, 2007. This new finding complies with the Court's 
order.

Species Information

    For the purpose of this finding, the Service is evaluating the 
Siskiyou Mountains salamander and Scott Bar salamander separately. 
However, we recognize that all research on the ecology of these species 
was conducted prior to recognition of the Scott Bar salamander as a 
separate species. To date, information specific to the Scott Bar 
salamander is limited to its distribution and range. Both species are 
members of the Family Plethodontidae, the lungless salamanders, and as 
such their survival is dependent upon similar ecological requirements. 
The geographic ranges of the Siskiyou Mountains salamander and Scott 
Bar salamander are contiguous, but not overlapping, occur over a 
relatively small area (approximately 405,000 acres (ac) (164,000 
hectares (ha))), and have similar environmental conditions. 
Additionally, information in our files suggests that habitat 
associations of these species are generally the same, although a 
rigorous study comparing their habitat requirements has not been 
conducted. The most significant difference between these species is 
their range; the range of the Siskiyou Mountains salamander is 
approximately five times larger than that of the Scott Bar salamander. 
Therefore, for the purpose of this finding, the Service applied the 
current literature describing the biological characteristics and 
ecology of the Siskiyou Mountains salamander to both species.

Description and Taxonomy

    Like others in the family Plethodontidae, the Siskiyou Mountains 
salamander and Scott Bar salamander are completely terrestrial, medium-
sized, slender-bodied salamanders with short limbs and a dorsal stripe. 
Both species are found in or near talus (loose surface rock) and 
fissured rock outcrops where moisture and humidity are high enough to 
allow respiration through their skin (Nussbaum et al. 1983). Both 
species are endemic to the Klamath-Siskiyou Mountains of southern 
Oregon and northern California.
    The Siskiyou Mountains salamander was described in 1965 (Highton 
and Brame 1965), and is characterized by a modal number of 17 costal 
grooves (vertical creases along the side of the body) and 4 to 5.5 
intercostal folds (folds of skin between the costal grooves) between 
the toes of adpressed limbs (limbs firmly pressed against the sides of 
the body) (Nussbaum et al. 1983; Leonard et al. 1993). Adults have a 
light-to purplish-brown dorsum, and the body is sprinkled with a 
moderate to dense array of white to yellow flecks that are concentrated 
on the sides and limbs and away from the light-brown dorsal stripe. 
Juveniles are black and have an olive-tan dorsal stripe that extends 
onto the tail.
    Recent genetic analyses recognize the Siskiyou Mountains salamander 
as a distinct species from the Del Norte salamander (Plethodon 
elongatus) and the Scott Bar salamander (Mead et al. 2002, 2005; 
Mahoney 2004; Bury and Welsh 2005). Previously, observations of clinal 
variation in color and morphometric traits from coastal populations of 
Del Norte salamanders along the Klamath River to Siskiyou Mountains 
salamander populations in the Seiad Valley led Bury (1973) to propose 
possible intergradation between these two species, and Stebbins (1985, 
2003) to demote the Siskiyou Mountains salamander to a subspecies of 
Del Norte salamander.
    A number of studies (Pfrender and Titus 2002; DeGross 2004; Mead et 
al. 2005) have delineated three distinct genetic lineages within the 
Siskiyou Mountains salamander: Group I (P. stormi populations within 
the Applegate River drainage north of the Siskiyou crest), Group II (P. 
stormi populations south of the Siskiyou crest), and Group III (P. 
asupak populations). However, Group III is now considered a separate 
species, Scott Bar salamander.
    Mead et al. (2005) described Plethodon asupak, the Scott Bar 
salamander, as a new species based on analysis of molecular 
(mitochondrial DNA) and morphological data from Plethodon populations 
near the confluence of the Klamath and Scott Rivers in Siskiyou County, 
California (Mahoney 2004; Mead et al. 2002, 2005). Molecular analysis 
shows the Scott Bar salamander to be the ancestral lineage from which 
the Del Norte salamander and Siskiyou Mountains salamander were derived 
(Mahoney 2004; Mead et al. 2002, 2005). For the purpose of this 
finding, the Service is evaluating the Scott Bar salamander as a 
species separate from the Siskiyou Mountains salamander. We recognize, 
however, that genetic research on these salamanders is ongoing, and the 
species' designations may be reconsidered in the future.
    The Scott Bar salamander is more robust and has a wider head and 
longer limbs than either of its two most closely related sister 
species, the Del Norte salamander and Siskiyou Mountains salamander. It 
has fewer intercostal folds (2.5 to 3.5) between adpressed (flatly 
pressed back) limbs than either the Del Norte salamander (5 to 6) or 
the Siskiyou Mountains salamander (4 to 5), and the modal number of 
costal grooves (17) is one fewer than in the Del Norte salamander (18). 
The Scott Bar salamander has a longer body relative to its tail length 
and longer forelimbs and hindlimbs than the Siskiyou Mountains

[[Page 14753]]

salamander or Del Norte salamander. The coloration of the Scott Bar 
salamander is similar to that of the Siskiyou Mountains salamander and 
is described in Mead et al. (2005). Despite the morphological 
differences described in Mead et al. (2005), the two species are very 
difficult to distinguish in the field.

Habitat

    Siskiyou Mountains salamanders and Scott Bar salamanders are found 
on forested slopes where rocky soils and talus outcrops occur. Occupied 
habitat for the Siskiyou Mountains salamander can range from small 
isolated rock outcrops to entire hillsides (Clayton et al. 2004). 
Occasionally these salamanders can be found under other types of cover 
such as bark, limbs, or logs, but only during wet weather when moisture 
is high and only if there are talus outcrops nearby (Nussbaum 1974; 
Nussbaum et al. 1983). Nussbaum (1974) characterized optimal habitat 
for the Siskiyou Mountains salamander as stabilized talus in old-growth 
forest stands on north-facing slopes. However, more recently, 
populations of both species have been found in rock outcrops in all 
forest age classes and on all slope aspects (Clayton et al. 2004; U.S. 
Department of Interior (USDI) 2005), as well as in managed stands (CDFG 
2005). Siskiyou Mountains salamanders have been collected in the spring 
during the daytime at soil temperatures ranging from 38 to 52.3 degrees 
Fahrenheit (3.5 to 11.3 degrees Celsius) and at depths ranging from 0 
to 18.0 inches (0 to 45.7 centimeters) (Nussbaum et al. 1983; Nussbaum 
1974).

Range and Distribution

    The Siskiyou Mountains salamander's range encompasses approximately 
337,037 ac (136,500 ha) in three counties (Jackson, Josephine, and 
Siskiyou Counties) of southwestern Oregon and in northern California 
(Clayton and Nauman 2005a). More specifically, this species has been 
detected in the Applegate River drainage of southern Oregon south to 
the Klamath River watershed of northern California. In California, 
recent genetic analyses indicate the species' range is bounded to the 
west by the Indian Creek drainage and to the east by the Horse Creek 
drainage (see DeGross 2004; Mahoney 2004; Mead et al. 2005; Mead 2006). 
It is known from sites ranging from 1,600 feet (488 meters) (Nussbaum 
et al. 1983) to approximately 1,800 meters (6,000 feet) in elevation 
(Clayton et al. 1999). Approximately 90 percent of the Siskiyou 
Mountains salamander's range occurs on Federal lands managed under the 
Northwest Forest Plan (NWFP) (USDA, USDI 1994). Within the NWFP area, 
36 percent of the salamander's range occurs in reserves (Late-
Successional Reserves, Administratively Withdrawn Areas, and 
Congressionally Reserved Areas), where timber harvest and other ground-
disturbing activities are severely restricted; 10 percent occurs within 
Matrix lands generally available for timber harvest; and 44 percent 
occurs in Adaptive Management Areas (AMA), where habitat management 
guidelines are flexible and some timber harvest is expected to occur. 
The remaining 10 percent of the species' range occurs on private lands.
    To date, approximately 200 Siskiyou Mountains salamander sites have 
been located (Clayton and Nauman 2005a). This number represents an 
unknown proportion of the total population, because surveys have not 
been conducted over the species' entire range. These sites occur 
primarily on Federal lands and are distributed across several NWFP land 
use allocations (Clayton et al. 2004). The USDA, USDI Species Review 
Panel (2002) reported that approximately 23 percent of known sites 
occur on reserve lands (Late-Successional Reserves and Congressionally 
Withdrawn Areas) (USDA, USDI 1994). The remaining sites occur on 
Adaptive Management Areas, Matrix lands, and private lands.
    The Scott Bar salamander is found only in Siskiyou County, 
California, from just east of Seiad Valley to Scott Bar Mountain 
(Clayton and Nauman 2005b). The species' range extends north and south 
of the Klamath River and east and west of the Scott River and 
encompasses approximately 68,438 ac (27,717 ha). Approximately 82 
percent of the Scott Bar salamander's range occurs on Federal lands: 58 
percent on reserves (Late-Successional Reserves) and 24 percent on 
Matrix lands (USDA, USDI 1994). The remaining 18 percent of the 
species' range occurs on private lands.
    Clayton and Nauman (2005b) reported that fewer than 10 sites are 
currently known for the Scott Bar salamander, although other sites are 
suspected. Based on our internal review of recent genetic analyses 
(Mahoney 2004; Mahoney 2005; Mead et al. 2005; Mead 2006), 17 Scott Bar 
salamander sites have now been verified. Within the presumed range of 
the Scott Bar salamander, numerous historical salamander detections 
have been assigned to the Siskiyou Mountains salamander. Because 
populations of the two species tend not to overlap (Mead 2006), it is 
reasonable to conclude that all salamander detections within what is 
now known to be the range of the Scott Bar salamander are Scott Bar 
salamanders. Thus, information in our files suggests that, within the 
range of the Scott Bar salamander, there are roughly 20 known 
salamander sites that are likely occupied by Scott Bar salamanders and 
are in addition to the 17 noted above (USDI 2006). To date, systematic 
surveys have not been conducted throughout this species' range; 
however, additional sites may be discovered in the future.
    The 17 verified localities of the Scott Bar salamander are 
distributed across several watersheds that encompass the majority of 
the species' known range. Of these localities, 82 percent occur on 
Federal lands: 35 percent on reserves (Late-Successional Reserves) and 
47 percent on Matrix lands (USDA, USDI 1994). The remaining 18 percent 
of the verified localities occur on private lands. Although the sample 
of known sites was not collected systematically, this distribution 
suggests that the species may be well distributed within its range.
    Although the historic range of the Siskiyou Mountains salamander is 
unknown, the Service assumes that it was bounded to the west and south 
by the range of the Del Norte salamander (Plethodon elongatus), and to 
the east and northeast by drier climatic conditions and the associated 
vegetation communities. The range of the Scott Bar salamander consists 
of a polygon surrounded by the range of the Siskiyou Mountains 
salamander. The existing distribution of occupied sites for these 
species closely matches this description, and neither the petition nor 
information in our files provides information to suggest that a decline 
in extent of range has occurred for either species. Similarly, neither 
the petition nor information in our files provides information to 
suggest that significant areas within the species' ranges no longer 
support salamander populations. The petition states that significant 
portions of the species' ranges have been logged, suggesting the loss 
of salamander populations. However, as discussed in more detail below 
under Threats Analysis, Factor A, information from our files suggests 
that sites often remain occupied following logging (Farber et al. 2001; 
Clayton et al. 2004; CDFG 2005) or are recolonized after a few years 
(Welsh and Ollivier 1995). In addition, the Services' evaluation of the 
distribution of known salamander locations indicates that the 
salamanders are well-distributed throughout their ranges, including 
many areas with

[[Page 14754]]

evidence of past logging, with large gaps corresponding to roadless 
areas that have received little to no survey effort.
    Evaluation of the range and potential population size for the 
Siskiyou Mountains salamander and Scott Bar salamander is strongly 
influenced by the species' low detectability and the amount and 
distribution of potentially suitable habitat. Because of their 
secretive habits, detection rates for these salamanders are very low, 
even though the species may be quite abundant locally (Nussbaum 1974; 
Clayton et al. 1999). Surveys within habitat known to be occupied are 
frequently negative (Clayton et al. 2004; CDFG 2005). Populations at 
individual sites likely range in size from a few individuals to 
thousands of individuals (Nussbaum 1974; Welsh and Lind 1992). Based on 
intensive field surveys, Nussbaum (1974) provided a species-wide 
``conservative estimate'' of over 3 million Siskiyou Mountains 
salamanders. While the author acknowledged that a number of 
methodological problems may affect this estimate, it nonetheless 
suggests that the perceived rarity of this species may be more related 
to low detectability than to actual population size.
    The USDA, USDI Species Review Panel (2001) evaluated results of 
project surveys conducted in the northern portion of the Siskiyou 
Mountains salamander's range, and estimated that 3 to 14 percent of the 
extent surveyed provides potentially suitable habitat. In a similar 
evaluation, Timber Products Company estimated that approximately 18 
percent of their surveyed lands within the range of the Scott Bar 
salamander was composed of suitable talus habitat (S. Farber pers. 
comm. 2006). The information from both surveys suggests that suitable 
habitat for these species is patchy, and comprises a minor portion of 
these species' ranges.

Threats Analysis

    Section 4 of the Act and its implementing regulations (50 CFR 424) 
set forth the procedures for adding species to the Federal lists of 
Endangered and Threatened Wildlife and Plants. 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: (A) 
Present or threatened destruction, modification, or curtailment of 
habitat or range; (B) overutilization for commercial, recreational, 
scientific, or educational purposes; (C) disease or predation; (D) 
inadequacy of existing regulatory mechanisms; or (E) other natural or 
manmade factors affecting its continued existence. In making this 
finding, we evaluated whether threats to the Siskiyou Mountains 
salamander and Scott Bar salamander as presented in the petition pose a 
concern with respect to the species' survival such that listing under 
the Act may be warranted. Our evaluation of these threats, based on 
information provided in the petition and available in our files, is 
presented below.

A. Present or Threatened Destruction, Modification, or Curtailment of 
the Species' Habitat or Range

    The petition claims that logging and wildfire pose the primary 
threats to Siskiyou Mountains salamander's and Scott Bar salamander's 
habitat and populations by altering habitat structures that influence 
the microclimatic conditions required by both species. The petition 
states that logging and wildfire increase surface temperatures and 
decrease relative humidity and soil moisture by removing forest cover. 
It also states that logging has the additional effect of compacting and 
realigning talus substrates. The petition states that it is likely a 
substantial, yet unquantified, amount of habitat has already been lost 
due to logging activities.
    According to the petition, the effects of logging and wildfire on 
Siskiyou Mountains and Scott Bar salamanders are based on a sequence of 
relationships: the unique physiology and behavior of these species, 
their dependence on moist surface conditions in order to forage and 
reproduce, reduction of the occurrence of favorable surface conditions 
following loss of forest cover, and loss of viability of salamander 
populations inhabiting the resulting unfavorable conditions. Based on 
these assertions, the petition concludes that the rate and extent of 
timber harvest and fires will likely cause the two species to be 
threatened or endangered due to habitat loss in the foreseeable future.
    The petition describes the physiological and behavioral traits of 
Siskiyou Mountains salamanders and Scott Bar salamanders that link them 
to habitats that provide moist conditions. Both species are lungless 
salamanders that require moisture in order to respire through their 
skin and to avoid dessication (Nussbaum et al. 1983). These traits act 
to limit the time during which the species can be active at the surface 
where foraging takes place (Nussbaum et al. 1983; Feder 1983). In the 
warm, dry environment characteristic of the eastern Klamath--Siskiyou 
Mountains, surface conditions favorable for activity by these 
salamanders is limited to relatively brief rainy periods in the spring 
and fall when soil moisture and relative humidity are high and 
temperatures moderate (Nussbaum et al. 1983; Clayton et al. 1999). This 
limitation is reflected in survey protocols for Siskiyou Mountains 
salamander, which require that surveys be restricted to periods of 
relative humidity above 65 percent, air temperature between 39.2 and 68 
Fahrenheit (4 to 20 degrees Celsius), soil temperature between 38.3 and 
64.4 degrees Fahrenheit (3.5 to 18 degrees Celsius), and moist soil 
conditions; outside of these parameters detection rates are low 
(Clayton et al. 1999). During the remainder of the year, these 
salamanders retreat underground into fissured rock substrates (Nussbaum 
et al. 1983).
    Based on the relationships described above, the petition claims 
that habitat conditions that further limit above ground activity will 
result in reduced abundance and viability of Siskiyou Mountains 
salamander and Scott Bar salamander populations. The petition cites 
Ollivier et al. (2001), who state that shortened periods of surface 
conditions appropriate for feeding and breeding activities can limit 
both survivorship and recruitment of these salamanders due to reduced 
ability to achieve body mass and fat needed for reproduction. Based on 
physiological and ecological studies of plethodontid salamanders (Feder 
1983), and the association of Siskiyou Mountains and Scott Bar 
salamanders (and the closely related Del Norte salamander in the 
Klamath province) with mature forested habitats (Nussbaum et al. 1983; 
Welsh and Lind 1988, 1991, 1995; Ollivier et al. 2001), it is 
reasonable to conclude that individuals living in drier, more open 
conditions may experience reduced fitness.
    The petition cites Chen et al. (1993) to support the claim that 
removing or reducing canopy during logging or other activities can 
alter stand microclimates, which in turn would result in conditions 
unsuitable for surface activity by salamanders. Information in our 
files suggests that microclimatic variables such as soil moisture, fuel 
moisture, relative humidity, and air temperature are sensitive to 
changes in canopy, with open-canopied and unforested sites exhibiting 
drier conditions, reduced humidity, and warmer air and soil 
temperatures (Chen et al. 1995; Chen et al. 1999).
    The petition states that rigorous pre- and post-logging studies 
have not been conducted on Siskiyou Mountains salamanders or Scott Bar 
salamanders. Information in our files also indicates

[[Page 14755]]

that this type of study has not been conducted on the similar Del Norte 
salamander in the drier portions of its range. However, the petition 
cites several studies from across North America (Dupuis et al. 1995; 
Ash 1997; deMaynadier and Hunter 1998; Herbeck and Larsen 1999) and 
specific to the Pacific Northwest (Bury and Corn 1988; Raphael 1988; 
Welsh 1990; Corn and Bury 1991; Welsh and Lind 1988, 1991,1995) that 
describe impacts of logging to other plethodontid salamanders. It is 
important to note that studies conducted in eastern and mid-western 
North America and much of the Pacific Northwest (Bury and Corn 1988; 
Raphael 1988; Welsh 1990; Corn and Bury 1991; Welsh and Lind 1988, 
1991,1995; and Grialou et al. 2000) were conducted in mesic (relatively 
wet) forest types where environmental constraints (moisture, 
temperature) on salamander dispersal and survival are presumably less 
than in the dry eastern Klamath Mountains. In addition, most 
plethodontid salamander species studied in other areas of North America 
occupy soil, surface litter, and woody debris in mesic environments, 
whereas Siskiyou Mountains salamanders and Scott Bar salamanders occupy 
talus substrates that provide refuge from temperature extremes and dry 
conditions in xeric (relatively dry) environments. Therefore, 
inferences drawn from studies of other plethodontid species in mesic 
environments may be limited in their applicability to Siskiyou 
Mountains salamander or Scott Bar salamander populations in the dry 
eastern Klamath Mountains.
    Studies from the midwestern and eastern United States (Ash 1997; 
deMaynadier and Hunter 1998; Herbeck and Larsen 1999) and western 
Canada (Dupuis et al. 1995) indicate that clear-cutting can have 
significant short-term impacts to plethodontid salamander abundance, 
and that second-growth stands that regenerate following clear-cutting 
typically do not support the same level of abundance as do older 
forests. Dupuis et al. (1995), Ash (1997), and Herbeck and Larsen 
(1999) reported that plethodontid salamanders were frequently absent 
from 2-to-5-year-old clear-cut forests.
    All of the studies that examined relative abundance of plethodontid 
salamanders in different forest age classes (Dupuis et al. 1995; 
deMaynadier and Hunter 1998; Herbeck and Larsen 1999) found that 
second-growth stands supported salamanders, albeit at significantly 
lesser abundance than older forests. However, the impact of clear-
cutting on salamanders may be temporary, as one study (Ash 1997) showed 
that salamanders returned to clear-cut sample plots 4 to 6 years after 
cutting, and their numbers increased rapidly. Linear regressions 
estimated that salamander numbers on clear-cut plots would equal or 
exceed numbers on forested plots by 20 to 24 years after cutting (Ash 
1997).
    Studies of more closely related plethodontid salamanders in the 
Pacific Northwest (Raphael 1988; Welsh 1990; Corn and Bury 1991; Welsh 
and Lind 1988, 1991,1995) found the abundance of plethodontid 
salamanders to be greater in older versus younger forests, and most of 
these studies found that difference to be significant. However, 
salamanders were still present in harvested areas. Raphael (1988) 
reported that while Del Norte salamanders were 2 to 3 times more 
abundant in adjacent old-growth forest, clear-cut areas still contained 
the species. Additional information in our files (Grialou et al. 2000) 
also suggests that western red-backed salamanders (Plethodon vehiculum) 
occupy recent clear-cut areas (2 to 4 years), although at a 
significantly lesser abundance than in adjacent older forests. H. Welsh 
and D. Ashton (2004) obtained similar results for Del Norte salamanders 
on the Six Rivers National Forest, where salamander abundance showed a 
marked decline following clear-cutting, but remained relatively stable 
in a lightly harvested stand. However, studies are not consistent with 
respect to abundance on recently clear-cut sites. Bury and Corn (1988) 
reported plethodontid salamanders to be absent in their two clear-cut 
sites, but their results were equivocal because detection rates of 
plethodontid salamanders were very low in all of the habitats studied. 
In contrast to the above studies, Corn and Bury (1991) found abundance 
of western red-backed salamanders was not significantly different 
between clear-cut areas less than 10 years old and old-growth forest.
    Few peer-reviewed studies exist in our files comparing the 
demographics of plethodontid salamander populations in clear-cut areas 
and adjacent forest. Grialou et al. (2000) studied the abundance and 
demographics of salamanders, including two plethodontid species, in 
mesic forests in southwestern Washington. In the year following clear-
cut harvesting, body sizes of western subadult and juvenile red-backed 
salamanders were smaller, but attained normal size distribution by the 
second-year post harvest. Gravid females were captured on clear-cut 
plots before and after harvest. Knapp et al. (2003) used a randomized, 
replicated design to quantify plethodontid salamander populations on 
harvested timberlands of the Appalachian Mountains in Virginia and West 
Virginia. While salamander abundance was less on clear-cut areas versus 
control areas, there were no differences between cut and uncut 
treatments in the proportion of gravid females or in the average number 
of eggs in gravid females. Moreover, there were no differences between 
cut and uncut treatments in the proportion of the sample that was 
juvenile, except in one plethodontid species, which had a higher 
proportion of juveniles in uncut treatments.
    Because most of the aforementioned studies have been conducted on 
other plethodontid species in mesic environments, the Service believes 
that our evaluation should focus primarily on information collected 
from Siskiyou Mountains salamander and Scott Bar salamander 
populations. The petition claims that a study of habitat associations 
of Siskiyou Mountains salamander by Ollivier et al. (2001) demonstrates 
that the species is threatened by logging. Ollivier et al. (2001) 
conducted presence/absence surveys for salamanders at 239 random 
locations within the range of Siskiyou Mountains salamander (some 
samples were within the range of the Scott Bar salamander), and 
concluded that the species was strongly associated with characteristics 
of mature forests such as closed canopies, large tree diameters, and a 
mossy ground cover layer. Based on this conclusion, the petition infers 
that removal of forest cover would result in habitat conditions 
unsuitable for the salamanders. While the study design employed by 
Ollivier et al. (2001) did not compare salamander abundance pre- and 
post-harvest, their sample contained 42 precanopy plots (0-to-30-year-
old clearcuts). Subsequent to the study by Ollivier et al. (2001), 
State and private biologists conducted numerous surveys and detected 
Siskiyou Mountains salamanders and Scott Bar salamanders in previously 
logged sites (Farber et al. 2001; CDFG 2005). These surveys followed no 
sampling design and cannot be used to infer a lack of impacts caused by 
logging; however, they do suggest that salamander populations persist 
at sites that have been logged.
    After reviewing data collected by Ollivier et al. (2001) and 
sampling results obtained by the California Department of Fish and Game 
(CDFG), H. Welsh and D. Ashton (2004) concluded that the viability of 
Siskiyou Mountains salamander populations is compromised following 
clear-cutting.

[[Page 14756]]

They based this conclusion on the high proportion (64 percent) of 
juvenile and subadult animals in the sample obtained by CDFG in non-
forested habitats, and speculated that this was an indication of a 
`sink' population of dispersing individuals and low levels of 
reproduction. Without further research, the effects of forest canopy 
removal on the abundance and demographics of Siskiyou Mountains 
salamander and Scott Bar salamander populations following logging will 
remain poorly understood. Two studies examining this question are 
currently in progress: one involving the Service, the Redwood Sciences 
Laboratory, and Humboldt State University, and one being conducted by 
Timber Products Company.
    The petition also states that gaps created in the species' range by 
logging could compromise the species' viability. The petition claims 
that the biology of the species, narrow habitat niche, naturally 
fragmented habitat, and patchy distribution limit the species' ability 
to recover from disturbances. The petition cites Blaustein et al. 
(1995) to support the claim that when local populations of Siskiyou 
Mountains salamander are extirpated, there is little chance that the 
habitat will be recolonized. However, evidence in the petition and in 
Service files suggests that dispersing juveniles readily colonize 
logged sites (Welsh 2005) and road cutbanks (Nussbaum 1974), suggesting 
that dispersal may not be as limited as previously thought. The biology 
of the Siskiyou Mountains salamander and the Scott Bar salamander may 
limit their ability to recolonize vacant sites; however, neither the 
petition nor information in our files demonstrates that logging creates 
gaps in plethodontid salamander distribution by extirpating species 
from a site.
    The petition also states that other actions, including tractor 
logging, road construction, mining, and recreational development, have 
resulted in, and will continue to result in, degradation, loss, or 
fragmentation of Siskiyou Mountains salamander habitat. The petition 
cites Welsh and Ollivier (1995) as suggesting that tractor yarding may 
impact Siskiyou Mountains salamander habitat by compacting, breaking, 
or realigning talus. Although it is reasonable to conclude that tractor 
yarding may disturb talus substrates, field studies have not 
demonstrated how this impacts salamander populations. The petition also 
cites deMaynadier and Hunter (2000) as indicating that plethodontid 
salamanders are sensitive to population fragmentation by logging roads. 
Results of that study suggest that logging roads may significantly 
inhibit movement and local abundance of plethodontid salamanders. 
Additional information in our files (Marsh et al. 2005) suggests that 
forest roads act as partial barriers to salamander movement. Road 
densities within much of the ranges of the Siskiyou Mountains 
salamander and Scott Bar salamander are documented to be high (USDA 
1999) and may act to reduce dispersal and increase the degree of 
isolation among salamander populations. This in turn may lead to 
reduced gene flow and reduced long-term persistence of small, isolated 
populations (Marsh et al. 2005). Conversely, Nussbaum (1974) found that 
road cuts provided essential habitat in the form of newly exposed 
fissured rock and were colonized by Siskiyou Mountains salamanders soon 
after road construction. The available information regarding the 
effects of roads on populations of Siskiyou Mountains salamanders and 
Scott Bar salamanders is equivocal.
    Although the amount of habitat impacted by logging could not be 
quantified, the petition contends that substantial habitat loss has 
likely occurred. To support this claim, the petition cites the USDA, 
USDI Species Review Panel (2001), which stated that ``cumulative 
effects from past timber harvest have impacted populations on Federal 
lands'' and ``from 1980 to 1990, 10 percent of habitat on the Applegate 
Ranger District was clearcut.'' However, the rate and extent of timber 
harvest has declined dramatically on Federal lands within the Northwest 
Forest Plan area during the past 30 years (USDA, USDI 2005), 
particularly on the Klamath National Forest, which comprises roughly 50 
percent of the Siskiyou Mountain salamander's range and 80 percent of 
the Scott Bar salamander's range (USDA 2006). During the 6-year period 
from 2000 to 2005, the Klamath National Forest sold and removed an 
average of 15.9 million board feet of timber annually, compared with 
187.8 million board feet/per year during 1985 to 1990 (inclusive), and 
238.2 million board feet/per year from 1979 to 1984 (USDA 2006). The 
declining trend in timber harvest reduces the likelihood that a high 
proportion of the salamanders' populations will be impacted by logging.
    While the Service agrees that timber harvesting has the potential 
to reduce habitat quality for the Siskiyou Mountains salamander and 
Scott Bar salamander, Forest Service reports (USDA, USDI 2005; USDA 
2006) demonstrate a dramatic decline in the amount of timber harvest on 
Federal lands within the ranges of the salamanders. These data suggest 
that the rate and magnitude of harvest on the majority of the species' 
ranges is likely not sufficient to cause them to be threatened or 
endangered in the foreseeable future.
    The petition further claims that fire suppression has led to an 
increase in fuel loading, resulting in a change from low- to high-
intensity fire regimes in many forest stands within the ranges of the 
Siskiyou Mountains salamander and Scott Bar salamander, and that the 
risk of stand-replacing fire has increased due to forest management 
practices that remove the largest, most fire resistant trees and create 
young, highly combustible plantations. The petition claims that 
although the response of these salamanders to fire has not been well 
studied, fire has the potential to impact populations by removing or 
reducing forest canopy cover. Published studies (Agee 1993; Taylor and 
Skinner 1998) and Forest Service reports (USDA 1999) clearly document 
that increased fuel loading and forest stand density have increased the 
potential for high-intensity wildfire events within the range of the 
Siskiyou Mountains salamander and Scott Bar salamander. These high-
intensity fires were much less frequent in the historical fire regime 
with which these salamanders evolved. High-intensity wildfire events, 
by definition, remove or significantly reduce forest cover; consume 
moss, duff, and forest litter; and may sterilize surface soil layers. 
The impacts of such events on salamander habitat and populations are 
likely more severe than those of clear-cutting, but have not been 
directly evaluated. Recent large fires within the Klamath Province, 
combined with fire behavior modeling conducted by the Forest Service, 
suggest a high probability of moderate-to high-intensity wildfires 
within the range of the Siskiyou Mountains salamander and Scott Bar 
salamander. However, fire modeling also suggests that the level of tree 
mortality would be highly variable within the range of these species 
(USDA 1999), resulting in a mosaic pattern of habitat effects. The 
extent to which high-intensity fire effects would occur within habitats 
occupied by these salamanders is currently unknown.
    To summarize Factor A, logging, wildfire, and other habitat 
disturbances may impact local abundance and viability of Siskiyou 
Mountains salamanders and Scott Bar salamanders by altering the 
microclimate within stands that support these species, by fragmenting 
habitat, or by otherwise reducing habitat quality. Although extensive 
logging has occurred in

[[Page 14757]]

Siskiyou Mountains salamander and Scott Bar salamander habitat for over 
100 years, the extent of habitat change has not been quantified, and 
salamander populations remain well-distributed. Increased potential for 
stand-replacing wildfire also places more of the species' habitat at 
risk. Information in our files (e.g., Farber et al. 2001; CDFG 2005) 
indicates that both Siskiyou Mountains salamanders and Scott Bar 
salamanders occur to some extent in clear-cuts, second-growth stands, 
burned areas, and naturally open habitats, and the demography of 
populations subjected to timber harvest or fire is poorly known. This 
evidence suggests that while timber harvest and wildfire may, at least 
temporally, reduce habitat quality for, and abundance of, Siskiyou 
Mountains salamanders and Scott Bar salamanders, they do not result in 
the extirpation of populations. The rate and extent of timber harvest 
has declined dramatically on Federal lands within the Northwest Forest 
Plan area, particularly the salamanders' ranges on the Klamath National 
Forest, during the past 30 years (USDA, USDI 2005; USDA 2006). Based on 
current Forest Service policies, we anticipate that the rate of timber 
harvest will remain at roughly the present levels. Although it is 
reasonable to assume that high-intensity wildfire may have a negative 
impact on salamander habitat and populations, we are not aware of any 
scientific studies that evaluate this potential risk, and there is 
evidence that salamander populations persist following reduction of 
forest canopy.
    In general, the Service finds that reliable scientific information 
presented in the petition and available in our files regarding the 
dependence of the Siskiyou Mountains and Scott Bar salamanders on old 
growth forest habitat and habitat-based threats to the species posed by 
logging and high-intensity fires is equivocal and conflicting. However, 
based on the standard applicable to 90-day findings under the Act, we 
find that the petition does present substantial information regarding 
Factor A, indicating that listing of these two species across all or a 
significant portion of their ranges may be warranted due to the present 
or threatened destruction, modification, or curtailment of the species' 
habitat or range.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    The petition does not provide any information pertaining to Factor 
B. Therefore, we find that the petition does not present substantial 
information indicating that listing of these two species across all or 
a significant portion of their ranges may be warranted due to 
overutilization for commercial, recreational, scientific, or 
educational purposes.

C. Disease or Predation

    The petition does not present any information pertaining to Factor 
C. Therefore, we find that the petition does not present substantial 
information indicating that listing of these two species across all or 
a significant portion of their ranges may be warranted due to disease 
or predation.

D. Inadequacy of Existing Regulatory Mechanisms

    The petition asserts that existing regulatory mechanisms are 
inadequate to protect Siskiyou Mountains and Scott Bar salamanders 
because Federal regulatory mechanisms that formerly protected the 
salamanders have been eliminated and State regulatory mechanisms that 
protect the species are likely to be eliminated. The petition does not 
contend that, if left in place, the Federal and State mechanisms would 
be inadequate to protect the species.
Federal Lands
    The petition cites the USDA, USDI Species Review Panel (2001) to 
demonstrate that approximately 80 percent of the range of the Siskiyou 
Mountains salamander occurs on Federal lands managed by the Rogue-
Siskiyou and Klamath National Forests and the Medford District of the 
Bureau of Land Management. Thirty-nine percent of the species' range 
occurs within protected land designations under the Northwest Forest 
Plan (NWFP) (USDA, USDI Species Review Panel 2001). Additionally, the 
petition cites Clayton et al. (2002 as cited in USDA, USDI 2004) to 
demonstrate that less than 10 percent of suspected high-quality habitat 
occurs in reserves. The petition thus concludes that the majority of 
the species' ranges and high-quality habitat occurs on Federal lands 
available for timber harvest and other activities. The petition cites 
the USDA, USDI Species Review Panel (2001) to suggest that specific 
protections on non-reserve land allocations will likely be required to 
ensure persistence of the species.
    The petition claims that the Siskiyou Mountains salamander formerly 
received substantial protection on Federal lands from the Survey and 
Manage Program (USDA, USDI 1994). The petition claims that this program 
was abolished with the Record of Decision (ROD) entitled, ``To Remove 
or Modify the Survey and Manage Mitigation Measures Standards and 
Guidelines in Forest Service and Bureau of Land Management Planning 
Documents Within the Range of the Northern Spotted Owl'' in March 2004 
(March 2004 ROD). The Final Supplemental Environmental Impact Statement 
for the March 2004 ROD addressed potential mitigation, including 
sensitive species programs, for species affected by the removal of the 
Survey and Manage Program. However, the petition claims that the 
sensitive species programs provide substantially less protection by 
failing to require surveys and making mitigation optional. The petition 
cites a USDA, USDI (2004) statement that the elimination of the Survey 
and Manage Program may result in gaps in the Siskiyou Mountains 
salamander's range.
    According to the petition, in the absence of the Survey and Manage 
Program, management of the Siskiyou Mountains salamander would be 
governed by the standards and guidelines of the NWFP. According to the 
petition, 78 percent of the known occupied sites north of the Siskiyou 
Crest occur in the Applegate Adaptive Management Area (AMA). Under the 
NWFP, AMAs were created to ``encourage the development and testing of 
technical and social approaches to achieving desired ecological, 
economic, and other social objectives,'' with each AMA having a 
management plan (USDA, USDI 1994). Because an agency plan for the 
Applegate AMA has not been produced, and standards and guidelines for 
activities in AMAs are more flexible than in other land-use 
allocations, the petition claims that existing guidelines for the 
Siskiyou Mountains salamander in the Applegate AMA would result in 
limited protection for the species. However, the petitioners provided 
no documentation to suggest that Federal actions in the AMA are having 
an effect on the salamanders.
    The status of the Survey and Manage Program is in flux. In January 
2006, the United States District Court, Western District of Washington 
in Northwest Ecosystem Alliance, et al., v. Mark E. Rey, et al., Case 
2:04-CV-00844-MJP, ordered the March 2004 ROD set aside for failure to 
comply with the National Environmental Policy Act (42 U.S.C. 4321 et 
seq.). With this, the court reinstated the 2001 Survey and Manage ROD 
as it stood in March 2004. The Survey and Manage Program is therefore 
the current regulatory mechanism in place for the United States Forest 
Service and Bureau of Land Management lands that the Siskiyou

[[Page 14758]]

Mountains salamander occupies. Under these provisions, all currently 
known and future sites south of the Siskiyou Crest will be managed to 
maintain species persistence, and surveys will be conducted prior to 
habitat-disturbing activities. North of the Siskiyou Crest, high-
priority sites will be identified and managed to provide a reasonable 
assurance of species persistence.
    The Scott Bar salamander is not specifically addressed by name in 
the Survey and Manage ROD protections. However, the Klamath National 
Forest has formally stated that Survey and Manage protections for 
Siskiyou Mountains salamander also extend to the Scott Bar salamander, 
as they cannot be easily distinguished in the field (M. Boland 2006). 
Thus, protections for the Scott Bar salamander on Federal lands are in 
place.
    The Forest Service and Bureau of Land Management have stated that 
they intend to issue on June 8, 2007, a final supplement to the 2004 
Final Supplemental Environmental Impact Statement that addresses the 
deficiencies of the March 2004 ROD that were identified by the court. 
Implementation of the final supplement is anticipated during August 
2007. The Service cannot predict what protections will be provided to 
the Siskiyou Mountains salamander in future decisions. If existing 
Federal regulations are modified in the future, the adequacy of these 
regulations to protect the Siskiyou Mountains salamander and Scott Bar 
salamander in light of any threats to the species threats should be 
evaluated at that time.
State Regulations
    The State of Oregon provides no regulatory protections for the 
Siskiyou Mountains salamander on private lands (approximately 10 
percent of the species' range). In California, the Siskiyou Mountains 
salamander is listed as a threatened species and receives substantial 
protection under the California Endangered Species Act (CESA). These 
protections include pre-project surveys and prohibitions on timber 
harvest in established buffers around suitable habitat. In 2005, CDFG 
submitted a petition to the California Fish and Game Commission to 
delist the Siskiyou Mountains salamander. Because of CDFG's delisting 
proposal, the petitioners claim that the protections provided by CESA 
should not be considered to provide firm regulatory protection for the 
species. The final determination on whether to delist the Siskiyou 
Mountains salamander was scheduled to be made at the Fish and Game 
Commission's January 31, 2007, meeting; however, that determination has 
been postponed until Fall of 2007. If existing State regulations are 
modified in the future, the adequacy of the future regulations to 
protect the Siskiyou Mountains salamander in light of any threats to 
the species should be evaluated at that time. Unless and until the 
Siskiyou Mountains salamander is delisted as a threatened species, it 
remains protected under the CESA.
    In July 2005, the Scott Bar salamander appeared on the CDFG's 
Special Animals List (CDFG 2006). The CDFG describes the Scott Bar 
salamander as a ``newly discovered species from what was part of the 
range of Plethodon stormi.'' Based on this change of taxonomic status, 
the CDFG removed the Siskiyou Mountains salamander populations now 
recognized as Scott Bar salamanders from listed status under CESA. That 
action was successfully challenged by three environmental organizations 
in State court (Environmental Protection Information Center et al. vs. 
California Department of Fish and Game, Case No. CPF-06-506585). The 
court found that the removal of Scott Bar salamander from the State's 
endangered species list was not in accordance with law, and ordered 
that the new species be protected under CESA until formal delisting 
procedures are completed. On May 1, 2006, the California Fish and Game 
Commission received a petition to list the Scott Bar salamander under 
CESA.
    No specific regulatory mechanisms to protect the Siskiyou Mountains 
salamander exist on the approximately 10 percent of the species' range 
that occurs in Oregon. However, research suggests that populations of 
these salamanders persist following timber harvest (Farber et al. 2001; 
Clayton et al. 2004; CDFG 2005). Therefore, the Service believes that 
the lack of regulatory protections on a limited proportion of the 
species' ranges does not likely pose a threat to the species as a whole 
in the foreseeable future.
    To summarize Factor D, existing Federal regulations currently 
provide substantial protection on Federal lands for the Siskiyou 
Mountains salamander and Scott Bar salamander through the Survey and 
Manage Program.
    Current California regulations provide substantial protection for 
the Siskiyou Mountains salamander and Scott Bar salamander on private 
lands. Oregon provides no regulatory protections for Siskiyou Mountains 
salamanders on private lands. However, private lands in Oregon comprise 
only 10 percent of the Siskiyou Mountains salamander's range. The Scott 
Bar salamander's range does not extend into Oregon. Thus, substantial 
regulatory protections are provided to both species across a large 
majority of the Siskiyou Mountains salamander's range and all of the 
Scott Bar salamander's range. Although the Forest Service and Bureau of 
Land Management have developed a supplement to their March 2004 
Supplemental Environmental Impact Statement (SEIS) that again proposes 
to eliminate Survey and Manage guidelines for the Siskiyou Mountains 
salamander, no decision has been made by the agencies. Similarly, the 
State of California is currently evaluating a petition to delist the 
Siskiyou Mountains salamander, but no decision regarding this action 
has been reached. Continuing litigation over the Federal and State 
proposals and re-evaluation of the proposals by Federal and State 
agencies indicates that a future relaxation of regulatory mechanisms to 
protect the Siskiyou Mountains and Scott Bar salamanders is at best 
uncertain. Under section 4(a)(1)(D) of the Act, the Service must 
evaluate the adequacy of existing regulatory mechanisms rather than 
speculate about future changes to those mechanisms. If these 
regulations are modified or eliminated in the future, the Service will 
consider that information when evaluating the adequacy of then existing 
regulatory mechanisms to protect the Siskiyou Mountains salamander and 
the Scott Bar salamander, in light of any threats faced by the species. 
In particular, we will monitor any changes to Federal and State 
regulatory mechanisms during our status review of the species.
    Because Federal and State of California regulations are currently 
in effect and offer protection for the Siskiyou Mountains salamander 
and Scott Bar salamander over all or the vast majority of the species' 
ranges, we find that the petition does not present substantial 
information that listing of these two species across all or a 
significant portion of their ranges may be warranted due to the 
inadequacy of existing regulatory mechanisms.

E. Other Natural or Manmade Factors Affecting the Species' Continued 
Existence

    The petition states that ``an increasing consensus has developed 
that we are and will continue to experience global warming.'' The 
petition cites Feder (1983) and Ollivier et al. (2001) to propose that 
the salamanders' unique physiology and their need for moist conditions 
for foraging and breeding activity make the Siskiyou Mountains

[[Page 14759]]

salamander and Scott Bar salamander particularly sensitive to 
variations in climate. Thus, the petition suggests that the expected 
change in climate over time is likely to influence the species' 
distribution and ability to find suitable habitat. The petition also 
claims that warmer temperatures may shorten the window in which the 
species is able to forage and reproduce. According to the petition, 
warmer temperatures may also negatively affect habitat by increasing 
the severity and intensity of forest fires, resulting in loss of forest 
canopy. However, the petition did not present an analysis of the 
likelihood or magnitude of microhabitat changes that may be brought 
about by regional climate change.
    The petition also cites USDA, USDI (2004) to demonstrate that, due 
to limited habitat and the known existence of only three localities, 
the Scott Bar salamander is at risk of extinction due to genetic or 
demographic stochasticity, regardless of management direction. However, 
information in our files suggests that the number of known localities 
and existing habitat within the range of the Scott Bar salamander is 
considerably larger than that considered in USDA, USDI (2004), and 
there is no evidence to suggest the historical range of the Scott Bar 
salamander has significantly contracted despite 100 years of extensive 
logging, which has substantially decreased in recent years. The 
apparent resiliency of this species and the existence of 37 currently 
known sites decreases the potential threat posed by stochastic events, 
although the species' range is naturally small and restricted. The 
Siskiyou Mountains salamander also continues to be distributed across 
its historic range despite widespread logging during the 20th century. 
Stochastic events pose even less of a potential threat to the Siskiyou 
Mountains salamander due to its apparent resiliency and the greater 
number of known localities and relatively larger range.
    To summarize Factor E, because foraging and breeding activities are 
dependent upon cool, moist conditions, these salamanders may be 
susceptible to alterations in microclimate resulting from projected 
climate change. However, the petition does not present reliable 
evidence of, or analyze the type, magnitude, or temporal effects of, 
microhabitat changes within the ranges of the Siskiyou Mountains and 
Scott Bar salamanders that could potentially be brought about by future 
regional climate change. Finally, the petitioners assert that the 
Siskiyou Mountains and Scott Bar salamanders are at risk because their 
restricted ranges make the species vulnerable to extinction as a result 
of stochastic events. Although the ranges of the species are naturally 
restricted, they have continued to persist despite decades of logging, 
and the number of currently known populations is considerably greater 
than stated in the petition. Additionally, a considerable amount of 
suitable habitat capable of supporting Siskiyou Mountains salamanders 
and Scott Bar salamanders has yet to be surveyed. Thus, the Service 
believes that both the Siskiyou Mountains and Scott Bar salamanders are 
more resilient to stochastic events than the petition claims. We find 
that the petition does not present substantial information that listing 
of the two species across all or a significant portion of their ranges 
may be warranted due to natural or manmade factors affecting their 
continued existence.

Distinct Population Segments and Significant Portion of Range

    The petition asserts that the Siskiyou Mountains salamander occurs 
in three separate distinct population segments (DPSs) and also requests 
the Service to consider listing the Siskiyou Mountains salamander 
throughout a significant portion of its range.
    Because we conclude that the petition provides substantial 
information that listing the Siskiyou Mountains and Scott Bar 
salamanders rangewide may be warranted (thus triggering the requirement 
under the Act that we conduct a status review), we have not analyzed in 
detail whether the petition also provides substantial information with 
respect to a particular significant portion of the range of the 
Siskiyou Mountains salamander. For the same reason, we have not 
analyzed in detail whether the petition provides substantial 
information with regard to potential distinct population segments of 
the Siskiyou Mountains salamander other than the petitioner's proposed 
Scott Bar salamander DPS, which we have treated as a separate species 
for purposes of this finding. However, we welcome information on the 
issue of whether either salamander is, in fact, in danger of extinction 
throughout all or a significant portion of its range, or likely to 
become so in the foreseeable future, and information on the issue of 
whether a particular DPS of the Siskiyou Mountains salamander warrants 
listing. We will consider these issues further during the status 
review, particularly if we conclude that the species are not in danger 
of extinction rangewide, nor likely to become so in the foreseeable 
future.

Finding

    The Service finds that the information provided in the petition and 
readily available in our files regarding habitat associations of 
Siskiyou Mountains and Scott Bar salamanders and the potential for 
population losses due to logging and fire is equivocal and conflicting. 
Therefore, based on the standard applicable to 90-day findings under 
the Act, we must find that the petition does present substantial 
information that listing of the two species across all or a portion of 
their ranges may be warranted based on the threatened destruction, 
modification, or curtailment of their habitat and ranges. This finding 
initiates a status review of these species so that we can gather more 
scientific data on these and other relevant issues concerning these 
species.
    The petition also requested that critical habitat be designated for 
the Siskiyou Mountains salamander and Scott Bar salamander. If we 
determine in our 12-month finding that listing these species is 
warranted, we will address the designation of critical habitat in the 
proposed listing rule or as funding allows.

References Cited

    A complete list of all references cited herein is available, upon 
request, from the Yreka Fish and Wildlife Office (see ADDRESSES).

Author

    The primary authors of this notice are staff of the Yreka Fish and 
Wildlife Office (see ADDRESSES).

Authority

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

    Dated: March 22, 2007.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
 [FR Doc. E7-5774 Filed 3-28-07; 8:45 am]
BILLING CODE 4310-55-P