[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Proposed Rules]
[Pages 13068-13071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5966]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2010-0011]
[MO 92210-0-0008-B2]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition to List the Berry Cave Salamander as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition finding and initiation of status review.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service, announce a 90-day 
finding on a petition to list the Berry Cave salamander (Gyrinophilus 
gulolineatus) as endangered under the Endangered Species Act of 1973, 
as amended. Based on our review, we find that the petition presents 
substantial scientific or commercial information indicating that 
listing this species may be warranted. Therefore, with the publication 
of this notice, we are initiating a review of the status of the species 
to determine if listing the Berry Cave salamander is warranted. To 
ensure that this status review is comprehensive, we are requesting 
scientific and commercial data and other information regarding this 
species. Based on the status review, we will issue a 12-month finding 
on the petition, which will address whether the petitioned action is 
warranted, as provided in section 4(b)(3)(B) of the Act.

DATES: To allow us adequate time to conduct this review, we request 
that we receive information on or before May 17, 2010. After this date, 
you must submit information directly to the Field Office (see FOR 
FURTHER INFORMATION CONTACT section below). Please note that we may not 
be able to address or incorporate information that we receive after the 
above requested date.

ADDRESSES: You may submit information by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Search for Docket No. FWS-R4-ES-2010-0011 and follow the instructions 
for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R4-ES-2010-0011; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222; Arlington, VA 22203.
    We will post all information received on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Information Requested 
section below for more details).

FOR FURTHER INFORMATION CONTACT: Mary E. Jennings, Field Supervisor, 
Cookeville Ecological Services Field Office, 446 Neal Street, 
Cookeville, TN, 38501; by telephone (931-528-6481); or by facsimile 
(931-528-7075). Persons who use a telecommunications device for the 
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 
800-877-8339.

SUPPLEMENTARY INFORMATION:

Information Requested

    When we make a finding that a petition presents substantial 
information indicating that listing a species may be warranted, we are 
required to promptly review the status of the species (status review). 
For the status review to be complete and based on the best available 
scientific and commercial information, we request information on the 
Berry Cave salamander from governmental agencies, Native American 
Tribes, the scientific community, industry, or any other interested 
parties. We seek information on:
 (1) The species' biology, range, and population trends, including:
     (a) Habitat requirements for feeding, breeding, and sheltering;
     (b) Genetics and taxonomy;
     (c) Historical and current range, including distribution patterns;
     (d) Historical and current population levels, and current and 
projected trends; and
     (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
 (2) The factors that are the basis for making a listing determination 
for a species under section 4(a) of the Endangered Species Act of 1973, 
as amended (Act) (16 U.S.C. 1531 et seq.), which are:
     (a) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
     (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
     (c) Disease or predation;
     (d) The inadequacy of existing regulatory mechanisms; or
     (e) Other natural or manmade factors affecting its continued 
existence.
 (3) The potential effects of climate change on this species and its 
habitat.
    If, we determine that listing the Berry Cave salamander is 
warranted, it is our intent to propose critical habitat to the maximum 
extent prudent and determinable at the time we propose to list the 
species. Therefore, with regard to areas within the geographical range 
currently occupied by the Berry Cave salamander, we also request data 
and information on what may constitute physical or biological features 
essential to the conservation of the 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 the geographical area occupied by the species 
that are essential for the conservation of the species. Please provide 
specific comments and information as to what, if any, critical habitat 
you think we should propose for designation if the species is proposed 
for listing, and why such habitat meets the requirements of the Act.
    Please include sufficient information with your submission (such as 
scientific journal articles, other supporting publications, or data) to 
allow us to

[[Page 13069]]

verify any scientific or commercial information you include.
    Submissions merely stating support for or opposition to the action 
under consideration, without providing supporting information, although 
noted, will not be considered in making a determination. Section 
4(b)(1)(A) of the Act directs that determinations as to whether any 
species is an endangered or threatened species must be made ``solely on 
the basis of the best scientific and commercial data available.''
    You may submit your information concerning this status review by 
one of the methods listed in the ADDRESSES section. If you submit 
information via http://www.regulations.gov, your entire submission--
including any personal identifying information--will be posted on the 
website. If you submit a hardcopy that includes personal identifying 
information, you may request at the top of your document that we 
withhold this personal identifying information from public review. 
However, we cannot guarantee that we will be able to do so. We will 
post all hardcopy submissions on http://www.regulations.gov.
    Information and supporting documentation that we received and used 
in preparing this finding will be available for public inspection on 
http://www.regulations.gov, or you may make an appointment during 
normal business hours, at the U.S. Fish and Wildlife Service, 
Cookeville Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).

Background

    Section 4(b)(3)(A) of the Act requires that we 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. We are to base this finding on 
information provided in the petition, supporting information submitted 
with the petition, and information otherwise available in our files. To 
the maximum extent practicable, we are to make this finding within 90 
days of our receipt of the petition and publish our notice of the 
finding promptly in the Federal Register.
    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 review the status of the species, which is subsequently 
summarized in our 12-month finding.

Petition History

    On January 22, 2003, we received a petition dated January 15, 2003, 
from Dr. John Nolt, University of Tennessee - Knoxville, requesting 
that we list the Berry Cave salamander as endangered under the Act. The 
petition clearly identified itself as such and included the requisite 
identification information for the petitioner, as required in 50 CFR 
424.14(a). In a February 24, 2003, letter to the petitioner, we 
responded that we had reviewed the petition but that, due to court 
orders and settlement agreements for other listing and critical habitat 
actions that required nearly all of our listing and critical habitat 
funding for fiscal year 2003, we would not be able to further address 
the petition at that time.

Species Information

    The Berry Cave salamander (Gyrinophilus gulolineatus) was 
recognized as a distinct aquatic cave-dependant taxon when it was 
originally described as a subspecies (G. palleucus gulolineatus) of the 
Tennessee cave salamander (G. palleucus) by Brandon (1965, pp. 346-
352). The Tennessee cave salamander is found in eastern and middle 
Tennessee, northern Alabama, and northwestern Georgia. The Tennessee 
cave salamander is related to the spring salamander (G. porphyriticus); 
however, unlike the spring salamander, it is usually found in caves and 
is neotenic, meaning that it normally retains larval characteristics as 
an adult. Individuals occasionally metamorphose and lose their larval 
characters (Simmons 1976, p. 256; Yeatman and Miller 1984, pp. 305-
306), and metamorphosis can be induced by subjecting them to hormones 
(Dent and Kirby-Smith 1963, p. 123).
    Three taxonomic entities have been formally described within the 
Tennessee cave salamander species complex. The pale salamander (G. p. 
palleucus) is the most widely distributed member of the group and is 
found in middle Tennessee, northern Alabama, and northwestern Georgia. 
The Big Mouth Cave salamander (G. p. necturoides) is restricted to one 
cave in middle Tennessee, and the Berry Cave salamander has been 
recorded from five locations in eastern Tennessee.
    The Berry Cave salamander is differentiated from other members of 
the group by a distinctive dark stripe on the upper portion of the 
throat, a wider head, a flatter snout, and possibly larger size 
(Brandon 1965, p. 347). Based on these differences and its apparent 
isolation from other members of the group, Collins (1991, p. 43) 
recommended that this subspecies be recognized as a distinct species 
(G. gulolineatus).
    The Berry Cave salamander is restricted to the Ridge and Valley 
Physiographic Province of eastern Tennessee. It has been reported from 
Berry Cave, which is located south of Knoxville, Tennessee; from Mud 
Flats, Meades Quarry, and Cruze Caves in Knoxville; and from an unknown 
cave in the Athens, Tennessee, area. The Athens record is based solely 
on three specimens collected in a roadside ditch that are presumed to 
have washed out of a cave during flooding (Brandon 1965, pp. 348-349). 
The species has not been observed in the Athens area since 1953.

Evaluation of Information for This Finding

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR 424 set forth the procedures for adding species 
to, or removing a species from, 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) The present or threatened 
destruction, modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence.
    In making this 90-day finding, we evaluated whether information 
regarding threats to the Berry Cave salamander, as presented in the 
petition and other information available in our files, is substantial, 
thereby indicating that the petitioned action may be warranted. Our 
evaluation of this information is presented below.
A. The Present or Threatened Destruction, Modification, or Curtailment 
of the Species' Habitat or Range

Information Provided in the Petition

    The petitioner stated that the Berry Cave salamander is known from 
only four populations, all in eastern Tennessee, and that all but one 
of these populations are immediately threatened or already extirpated. 
These four locations include Berry Cave in Roane County; Mud Flats Cave 
in Knox County; an unknown location in the

[[Page 13070]]

town of Athens, McMinn County; and Meades Quarry/Cruze Cave complex in 
South Knoxville, Knox County (treated as two separate localities in 
discussion above). The petitioner stated that Berry Cave was the only 
location containing a pure and unthreatened population of the species.
    The petitioner stated that the only record of Berry Cave 
salamanders from the town of Athens was based on a 1953 collection of 
three specimens from a roadside ditch that was flooded by Oostanaula 
Creek. These specimens were collected near a hole in the ground, 
presumably an opening into a cave out of which the animals had been 
washed, but the exact location was unknown. The petitioner concluded 
that this population, if it still exists, is potentially under 
pressures from development and pollution that affected other sites in 
urban areas.
    The petitioner also stated that the habitat in Mud Flats Cave was 
degraded several years prior to the petition date, due to siltation 
from a nearby housing development, and that efforts to find the Berry 
Cave salamander subsequent to this development have failed, suggesting 
this population might be extirpated. The petitioner also asserted that 
if the species has survived at this location, it is subjected to 
continued pollution and siltation from this development.
    In addition, the petitioner asserted that Meades Quarry Cave and 
Cruze Cave are connected, forming one system. Evidence of a connection 
included: (1) Information on the position of Meades Quarry Cave, which 
is thought to extend southwest in the general direction of Cruze Cave; 
(2) the location of both caves within the Holston Formation, a long 
band of relatively soluble marble-like limestone known as ``Tennessee 
marble'' that is found in an area only a few hundred yards or meters 
wide; and (3) genetic studies that suggest that salamanders from both 
caves are part of the same population. The petitioner stated that if 
the two caves are part of the same system, the proposed James White 
Parkway, which would be located midway between the entrance to Meades 
Quarry Cave and the entrance to Cruze Cave, must pass directly over the 
system and constitutes a significant threat to the Meades Quarry/Cruze 
Cave habitat of the Berry Cave salamander. In addition, the petitioner 
stated that a proposed interchange for the James White Parkway would be 
located on a hillside immediately above a sinkhole complex that lies in 
the Holston formation, approximately midway between the entrances to 
Cruze and Meades Quarry Caves. The sinkhole is presumably connected to 
this cave system. The petitioner concluded that the proposed 
construction project and resulting road would threaten the Berry Cave 
salamander population by disrupting the food chain upon which the 
species depends, increasing siltation in the cave system, and altering 
the hydrologic and thermal regimes of the stream system. Other road-
related impacts to this site that the petitioner stated would threaten 
the species either directly or by reducing its prey included filling of 
cave passages with concrete, collapse of cave passages, pollution from 
toxic runoff, and toxic chemical spills.

Evaluation of Information Provided in the Petition and Available in 
Service Files

    Information in Service files supports the petitioner's claim that 
the Berry Cave salamander is known from only 4 populations in eastern 
Tennessee (Wynn and Jacobs 1988, pers. comm.). In addition, we have no 
information in our files indicating that Berry Cave salamanders have 
been collected from the vicinity of Athens, Tennessee, since the 
initial discovery there in 1953.
    The source of much of the information included in the petition was 
notes taken by the petitioner during a meeting about the Berry Cave 
salamander and related taxa within the G. palleucus species complex, 
which was held by the Service on December 10, 2002. Several persons 
knowledgeable about the distribution, status, and ongoing taxonomic 
studies of the species were present at that meeting. During this 
meeting, Ron Caldwell reported that he visited Mud Flats Cave in 1994 
and did not observe any salamanders. At the time of the visit, the mud 
in the cave was hip deep whereas the mud was only ankle deep during 
prior visits he made to the cave. He also reported that a housing 
development had filled in a sinkhole overlaying the cave and that lawn 
runoff from the development and from a golf course may be impacting the 
cave (Caldwell 2002, pers. comm.).
    If the James White Parkway is constructed as the petitioner 
describes, the habitat of the Berry Cave salamander may be negatively 
impacted. Construction of the parkway has the potential to cause 
erosion of surrounding land and cause excessive siltation to enter the 
Meades Quarry/Cruze Cave complex, which in turn could cause a 
disruption in the amount of organic matter (salamander food source) 
entering the cave complex. It could also cause fluctuations in water 
flow through the cave system, fluctuations in temperature of water 
entering the cave system, and an increase in pollution from toxic 
runoff. We believe that these factors could lead to a decline in the 
population in the Meades Quarry/Cruze Cave complex, given the apparent 
decline at Mud Flats Cave in the face of similar threats, primarily 
excessive siltation. Because the Berry Cave salamander is restricted to 
no more than four localities, one of which might already be extirpated 
(see discussion above concerning Mud Flats Cave), we believe the 
petitioner presents substantial information to suggest the species 
could be placed at risk of becoming extinct in the foreseeable future.
    In summary, we find that the information provided in the petition, 
as well as other information in our files, presents substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted due to present or threatened destruction, 
modification, or curtailment of the species' habitat or range. 
Specifically, the petitioner's claims that (1) the Mud Flats Cave 
population of Berry Cave salamander may be extirpated and that habitat 
in this location has been modified by siltation and other development-
related threats, and (2) the Meades Quarry/Cruze Cave complex may be 
threatened by proposed road development in the vicinity of the cave, 
indicate that the petitioned action may be warranted.
B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes
    The petition presents no substantial scientific or commercial 
information, nor do we have such information in our files, indicating 
that the petitioned action may be warranted due to threats from 
overutilization for commercial, recreational, scientific, or 
educational purposes. However, we will evaluate all factors, including 
threats from overutilization for commercial, recreational, scientific, 
or educational purposes, when we conduct our status review.
C. Disease or Predation
    The petition presents no substantial scientific or commercial 
information, nor do we have such information in our files, indicating 
that the petitioned action may be warranted due to disease or 
predation. However, we will evaluate all factors, including threats 
from disease and predation, when we conduct our status review.

[[Page 13071]]

D. The Inadequacy of Existing Regulatory Mechanisms
    The petition presents no substantial scientific or commercial 
information, nor do we have such information in our files, indicating 
that the petitioned action may be warranted due to threats resulting 
from the inadequacy of existing regulatory mechanisms. However, we will 
evaluate all factors, including the inadequacy of existing regulatory 
mechanisms when we conduct our status review.
E. Other Natural or Manmade Factors Affecting the Species' Continued 
Existence

Information Provided in the Petition

    The petitioner stated that specimens so far collected from the 
Meades Quarry/Cruze Cave complex have hybridized with the spring 
salamander (Gyrinophilus porphyriticus), which occurs near the cave 
entrances.

Evaluation of Information Provided in the Petition and Available in 
Service Files

    The petitioner's claims concerning hybridization are supported by 
correspondence in our files, which indicate that, based upon 
electrophoretic data, populations in Meades Quarry and Cruze Caves 
hybridize with spring salamanders (Wynn and Jacobs 1988, pers. comm.) 
While this may be a natural occurrence that has gone on for quite some 
time, there is a possibility that unique Berry Cave salamander genetic 
material is being lost through interbreeding with spring salamanders, 
threatening the genetic integrity of the species.
    Therefore, we find that the information provided in the petition, 
as well as other information in our files, presents substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted due to the potential threat to the genetic 
integrity of two of the four known populations of Berry Cave salamander 
by hybridization with the spring salamander.

Finding

    On the basis of our determination under section 4(b)(3)(A) of the 
Act, we have determined that the petition presents substantial 
scientific or commercial information indicating that listing the Berry 
Cave salamander may be warranted. This finding is based on the 
possibility of habitat loss and degradation from development, which has 
been implicated in the reduction or possible loss of Berry Cave 
salamanders in Mud Flats Cave. It is also based on the potential threat 
of the loss of genetic diversity due to interbreeding between Berry 
Cave and spring salamanders in Meades Quarry and Cruze caves. Because 
we have found that the petition presents substantial information 
indicating that listing the Berry Cave salamander may be warranted, we 
are initiating a status review to determine whether listing the Berry 
Cave salamander under the Act is warranted.
    The ``substantial information'' standard for a 90-day finding 
differs from the Act's ``best scientific and commercial data'' standard 
that applies to a status review to determine whether a petitioned 
action is warranted. A 90-day finding does not constitute a status 
review under the Act. In a 12-month finding, we will determine whether 
a petitioned action is warranted after we have completed a thorough 
status review of the species, which is conducted following a 
substantial 90-day finding. Because the Act's standards for 90-day and 
12-month findings are different, as described above, a substantial 90-
day finding does not mean that the 12-month finding will result in a 
warranted finding.

References Cited

    A complete list of references cited is available on the Internet at 
http://www.regulations.gov and upon request from the Cookeville 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Author

    The primary authors of this notice are the staff members of the 
Cookeville Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).

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


    Dated: March 9, 2010.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2010-5966 Filed 3-17- 10; 8:45 am]
BILLING CODE 4310-55-S