[Federal Register Volume 77, Number 177 (Wednesday, September 12, 2012)]
[Proposed Rules]
[Pages 56482-56513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21882]



[[Page 56481]]

Vol. 77

Wednesday,

No. 177

September 12, 2012

Part IV





Department of the Interior





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Fish and Wildlife Service





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50 CFR Part 17





 Endangered and Threatened Wildlife and Plants; Proposed Endangered 
Status for the Jemez Mountains Salamander and Proposed Designation of 
Critical Habitat; Proposed Rule

  Federal Register / Vol. 77 , No. 177 / Wednesday, September 12, 2012 
/ Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2012-0063; 4500030114]
RIN 1018-AY24


Endangered and Threatened Wildlife and Plants; Proposed 
Endangered Status for the Jemez Mountains Salamander and Proposed 
Designation of Critical Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
list the Jemez Mountains salamander as an endangered species under the 
Endangered Species Act of 1973, as amended (Act); and propose to 
designate critical habitat for the species. In total, approximately 
90,789 acres (36,741 hectares) are being proposed for designation as 
critical habitat in Los Alamos, Rio Arriba, and Sandoval Counties, New 
Mexico.

DATES: We will accept comments received or postmarked on or before 
November 13, 2012. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES section, below) must be received by 
11:59 p.m. Eastern Time on the closing date. We must receive requests 
for public hearings, in writing, at the address shown in the ADDRESSES 
section by October 29, 2012.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R2-ES-2012-0063, 
which is the docket number for this rulemaking. You may submit a 
comment by clicking on ``Comment Now!''.
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R2-ES-2012-0063; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comments section below for more information). The 
coordinates or plot points or both from which the maps are generated 
are included in the administrative record for this critical habitat 
designation and are available at http://www.fws.gov/southwest/es/NewMexico/, http://www.regulations.gov at Docket No. FWS-R2-ES-2012-
0063, and at the New Mexico Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT). Any additional supporting information 
that we may develop for this critical habitat designation will also be 
available at the above locations.

FOR FURTHER INFORMATION CONTACT: Wally Murphy, Field Supervisor, U.S. 
Fish and Wildlife Service, New Mexico Ecological Services Field Office, 
2105 Osuna NE., Albuquerque, NM 87113; by telephone 505-346-2525; or by 
facsimile 505-346-2542. Persons who use a telecommunications device for 
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 
800-877-8339.

Executive Summary

Purpose of the Regulatory Action

    Under the Act, a species or subspecies may warrant protection 
through listing if it is an endangered or threatened species throughout 
all or a significant portion of its range. On September 9, 2010, we 
published a 12-month finding stating that listing the Jemez Mountains 
salamander (Plethodon neomexicanus) under the Act was warranted, but 
precluded by other listing priorities (75 FR 54822). In that document 
we explained that the species currently faces numerous threats of high 
magnitude, and, therefore, qualifies for listing. This rule reassesses 
all available information regarding status of and threats to the 
salamander.
    Under the Act, a species may be determined to be an endangered or 
threatened species based on any of five factors: (1) The present or 
threatened destruction, modification, or curtailment of its habitat or 
range; (2) overutilization for commercial, recreational, scientific, or 
educational purposes; (3) disease or predation; (4) the inadequacy of 
existing regulatory mechanisms; and (5) other natural or manmade 
factors affecting its continued existence. We have determined that the 
Jemez Mountains salamander meets the definition of an endangered 
species due to three of these five factors.

Summary of the Major Provisions of the Regulatory Action in Question

    This document consists of: (1) A proposed rule to list the Jemez 
Mountains salamander (Plethodon neomexicanus) as an endangered species; 
and (2) a proposed rule for designation of critical habitat for the 
Jemez Mountains salamander.
    We will obtain opinions from knowledgeable individuals with 
scientific expertise to review our technical assumptions, analysis, 
adherence to regulations, and whether or not we had used the best 
available information. These peer reviewers will analyze our methods 
and conclusions and provide additional information, clarifications, and 
suggestions to improve the final listing and critical habitat rule. As 
a result, we will make a final determination as to whether the Jemez 
Mountains salamander is an endangered or threatened species, and 
designate critical habitat as appropriate, in the final rule. For this 
rule, we propose to list the Jemez Mountains salamander as an 
endangered species and propose to designate approximately 90,789 acres 
(36,741 hectares) of critical habitat in Los Alamos, Rio Arriba, and 
Sandoval Counties, New Mexico.

SUPPLEMENTARY INFORMATION: This document consists of: (1) A proposed 
rule to list the Jemez Mountains salamander (salamander) as an 
endangered species; and (2) a proposed critical habitat designation for 
the salamander.

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from the public, other concerned governmental 
agencies, Native American tribes, the scientific community, industry, 
or any other interested parties concerning this proposed rule. We 
particularly seek comments concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to this species and regulations that may 
be addressing those threats.
    (2) Additional information concerning the historical and current 
status, range, distribution, and population size of this species, 
including the locations of any additional populations of this species.
    (3) Any information on the biological or ecological requirements of 
the species, and ongoing conservation measures for the species and its 
habitat.
    (4) Current or planned activities in the geographic areas occupied 
by the species and possible impacts of these activities on this 
species.
    (5) Any information on impacts to the species resulting from fire 
management practices, severe wildfire, forest composition and structure 
conversions,

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post-fire rehabilitation, other forest management practices (including 
salvage logging, building of roads and trails, and recreational use).
    (6) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et 
seq.) including whether there are threats to the species from human 
activity, the degree of which can be expected to increase due to the 
designation, and whether that increase in threat outweighs the benefit 
of designation such that the designation of critical habitat may not be 
prudent.
    (7) Specific information on:
    (a) The amount and distribution of Jemez Mountains salamander 
habitat;
    (b) What areas that are currently occupied and contain features 
essential to the conservation of the species that should be included in 
the designation and why;
    (c) Special management considerations or protection that may be 
needed in critical habitat areas we are proposing, including managing 
for the potential effects of climate change; and
    (d) What areas not occupied at the time of listing are essential 
for the conservation of the species and why.
    (8) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    (9) Information on the projected and reasonably likely impacts of 
climate change on the Jemez Mountains salamander and proposed critical 
habitat.
    (10) Any foreseeable economic, national security, or other relevant 
impacts of designating any area that may be included in the final 
designation; in particular, any impacts on small entities or families, 
and the benefits of including or excluding areas that exhibit these 
impacts.
    (11) Whether any specific areas we are proposing for critical 
habitat designation should be considered for exclusion under section 
4(b)(2) of the Act, and whether the benefits of potentially excluding 
any specific area outweigh the benefits of including that area under 
section 4(b)(2) of the Act.
    (12) The appropriateness of the methodology used for delineating 
the proposed critical habitat (including any data that might help 
further refine these areas).
    (13) The likelihood of adverse social reactions to the designation 
of critical habitat and how the consequences of such reactions, if 
likely to occur, would relate to the conservation and regulatory 
benefits of the proposed critical habitat designation.
    (14) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    Please note that 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, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is a threatened or endangered 
species must be made ``solely on the basis of the best scientific and 
commercial data available.''
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We request 
that you send comments only by the methods described 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 Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this 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. 
Please include sufficient information with your comments to allow us to 
verify any scientific or commercial information you include.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, New Mexico Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT).

Previous Federal Actions

    In December 1982, we published a notice of review classifying the 
salamander as a Category 2 species (47 FR 58454, December 30, 1982). 
Category 2 status included those taxa for which information in the 
Service's possession indicated that a proposed listing rule was 
possibly appropriate, but for which sufficient data on biological 
vulnerability and threats were not available to support a proposed 
rule.
    On February 21, 1990, we received a petition to list the Jemez 
Mountains salamander as threatened. Subsequently, we published a 
substantial 90-day finding, indicating that the petition contained 
sufficient information to suggest that listing may be warranted (55 FR 
38342; September 18, 1990). In the Candidate Notice of Review (CNOR) 
published on November 21, 1991, we announced the salamander as a 
Category 1 species with a ``declining'' status (56 FR 58814). Category 
1 status included those species for which the Service had on file 
substantial information regarding the species' biological vulnerability 
and threat(s) to support proposals to list them as either an endangered 
or threatened species. The ``declining'' status indicated decreasing 
numbers, increasing threats, or both.
    On May 30, 1991, the Service, the U.S. Forest Service (USFS), and 
the New Mexico Department of Game and Fish (NMDGF) signed a Memorandum 
of Agreement outlining actions to be taken to protect the salamander 
and its habitat on the Santa Fe National Forest lands, including the 
formation of a team of agency biologists to immediately implement the 
Memorandum of Agreement and to develop a management plan for the 
species. The management plan was to be incorporated into the Santa Fe 
National Forest Plan. On April 3, 1992, we published a 12-month finding 
that listing the salamander was not warranted because of the 
conservation measures and commitments within the Memorandum of 
Agreement (57 FR 11459). In the November 15, 1994, CNOR, we included 
the salamander as a Category 2 species, with a trend status of 
``improving'' (59 FR 58982). A status of ``improving'' indicated those 
species known to be increasing in numbers or whose threats to their 
continued existence were lessening in the wild.
    In the CNOR published on February 28, 1996, we announced a revised 
list of animal and plant taxa that were regarded as candidates for 
possible addition to the List of Endangered and Threatened Wildlife and 
Plants (61 FR 7596). The revised candidate list included only former 
Category 1 species. All former Category 2 species were dropped from the 
list in order to reduce confusion about the conservation status of 
those species, and to clarify that the Service no longer regarded them 
as candidates for listing. Because the Jemez Mountains salamander was a 
Category 2 species, it was no longer recognized as a candidate species 
as of the February 28, 1996, CNOR.
    In January, 2000, the New Mexico Endemic Salamander Team (NMEST), a 
group of interagency biologists representing NMDGF, the Service, the 
U.S. Geological Survey, and the Santa

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Fe National Forest, finalized a Cooperative Management Plan for the 
Jemez Mountains salamander on lands administered by the Santa Fe 
National Forest (Cooperative Management Plan), and the agencies signed 
an updated Conservation Agreement that superseded the Memorandum of 
Agreement. The stated purpose of the Conservation Agreement and the 
Cooperative Management Plan was to provide for the long-term 
conservation of salamanders by reducing or removing threats to the 
species and by proactively managing their habitat (NMEST 2000 
Conservation Agreement, p. 1). In a Decision Notice and Finding of No 
Significant Impact for the Forest Plan Amendment for Managing Special 
Status Species Habitat, signed on December 8, 2004, the Cooperative 
Management Plan was incorporated into the Santa Fe National Forest 
Plan.
    On October 15, 2008, we received a petition dated October 9, 2008, 
from WildEarth Guardians requesting that we list the Jemez Mountains 
salamander as either an endangered or threatened species under the Act, 
and designate critical habitat. On August 11, 2009, we published a 90-
day finding that the petition presented substantial information that 
listing the salamander may be warranted and that initiated a status 
review of the species (74 FR 40132). On December 30, 2009, WildEarth 
Guardians filed suit against the Service for failure to issue a 12-
month finding on the petition (WildEarth Guardians v. Salazar, No. 09-
1212 (D.N.M.)). Under a stipulated settlement agreement, we published a 
12-month finding on September 9, 2010, that listing the salamander as 
either an endangered or threatened species was warranted but precluded 
by higher priority actions (75 FR 54822). This rule constitutes our 
proposal to list the Jemez Mountains salamander as an endangered 
species and our proposal to designate critical habitat.

Proposed Endangered Status for the Jemez Mountains Salamander

Background

Species Information

    The salamander is uniformly dark brown above, with occasional fine 
gold to brassy coloring with stippling dorsally (on the back and sides) 
and is sooty gray ventrally (underside). The salamander is slender and 
elongate, and it possesses foot webbing and a reduced fifth toe. This 
salamander is a member of the family Plethodontidae, is strictly 
terrestrial, and does not use standing surface water for any life 
stage. Respiration occurs through the skin, which requires a moist 
microclimate for gas exchange.
Taxonomy and Species Description
    The Jemez Mountains salamander was originally reported as Spelerpes 
multiplicatus (=Eurycea multiplicata) in 1913 (Degenhardt et al. 1996, 
p. 27); however, it was described and recognized as a new and distinct 
species (Plethodon neomexicanus) in 1950 (Stebbins and Riemer, pp. 73-
80). No subspecies are recognized.
    The Jemez Mountains salamander is one of two species of 
plethodontid salamanders endemic (native and restricted to a particular 
region) to New Mexico: The Jemez Mountains salamander and the 
Sacramento Mountains salamander (Aneides hardii). Unlike most other 
North American plethodontid salamanders, these two species are 
geographically isolated from all other species of Plethodon and 
Aneides.
Distribution
    The distribution of plethodontid salamanders in North America has 
been highly influenced by past changes in climate and associated 
Pleistocene glacial cycles. In the Jemez Mountains, the lack of glacial 
landforms indicates that alpine glaciers may not have developed here, 
but evidence from exposed rocky areas (felsenmeers) may reflect near-
glacial conditions during the Wisconsin Glacial Episode (Allen 1989, p. 
11). Conservatively, the salamander has likely occupied the Jemez 
Mountains for at least 10,000 years, but this could be as long as 1.2 
million years, colonizing the area subsequent to volcanic eruption.
    The salamander is restricted to the Jemez Mountains in northern New 
Mexico, in Los Alamos, Rio Arriba, and Sandoval Counties, around the 
rim of the collapsed caldera (large volcanic crater), with some 
occurrences on topographic features (e.g., resurgent domes) on the 
interior of the caldera. The majority of salamander habitat is located 
on federally managed lands, including the USFS, the National Park 
Service (Bandelier National Monument), Valles Caldera National Preserve 
(VCNP), and Los Alamos National Laboratory, with some habitat located 
on tribal land and private lands (NMEST 2000, p. 1). The VCNP is 
located west of Los Alamos, New Mexico, and is part of the National 
Forest System (owned by the U.S. Department of Agriculture), but run by 
a nine-member Board of Trustees: the Supervisor of Bandelier National 
Monument, the Supervisor of the Santa Fe National Forest, and seven 
other members with distinct areas of experience or activity appointed 
by the President of the United States (Valles Caldera Trust 2005, pp. 
1-11). Prior to Federal ownership in 2000, the VCNP was privately held. 
The species predominantly occurs at an elevation between 7,200 and 
9,500 feet (ft) (2,200 and 2,900 meters (m)) (Degenhardt et al. 1996, 
p. 28), but has been found as low as 6,998 ft (2,133 m) (Ramotnik 1988, 
p. 78) and as high as 10,990 ft (3,350 m) (Ramotnik 1988, p. 84).
Movements, Home Range, and Dispersal
    Ramotnik (1988, pp. 11-12) used implanted radioactive wires in 
polyethylene tubing to track 9 individual salamanders for durations 
between 2 days and 6 weeks, monitoring their movements every 1 to 3 
days, and two salamanders were tracked every 2 hours throughout a 12-
hour period. Ramotnik (1988, p. 27) reported individual distances 
salamanders moved between consecutive observations ranged from 0 to 108 
ft (0 to 13 m) and that 73 percent of recorded movements were less than 
3.3 ft (1 m). In 59 of 109 observations, salamanders did not move. When 
the zero-distance movements were excluded from analysis, the average 
distance salamanders moved was 7.8 ft (2.4 m), with the greatest 
movement of 43 ft (13 m) (Ramotnik 1988, p. 28). Ramotnik (1988, p. 32) 
also estimated the home range of six salamanders with these data and 
reports the average home range was 86 square feet (ft\2\) (8.0 square 
meters (m\2\); males had a larger home range (137 ft\2\ (12.7 m\2\)) 
than females (78 ft\2\ (7.2 m\2\)). The individuals that had larger 
home ranges (greater than 54 ft\2\ (5.0 m\2\)) were often found 
returning to the same cover object; whereas individuals with home 
ranges less than 54 ft\2\ (5 m\2\) rarely returned to the same spot 
(Ramotnik 1988, p. 32). While these data are limited because small 
sample size, they provide some information on the relatively small 
movements made by individuals and their relatively small home range.
    In another well-studied terrestrial salamander, the red-backed 
salamander (Plethodon cinereus), there is conflicting evidence 
regarding its dispersal abilities. Some information suggests this 
salamander exhibits small movements, even across multiple years, 
consisting primarily of small home ranges and with little movement 
among cover objects. However, there is other evidence of moderate-
distance homing ability, greater movement during colonization events, 
and an estimated range expansion of 262 ft (80 m) per year over the 
last 18,000 years (Cabe et

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al. 2007, p. 54). Cabe et al. 2007 (pp. 53-60) measured gene flow of 
red-backed salamanders across a continuous forested habitat as an 
indicator of the salamander's dispersal. They suggested that gene flow 
and dispersal frequency were normally low, indicating that red-backed 
salamanders generally do not move much, but under certain 
circumstances, they might disperse farther than normal. These unique 
conditions occur when the population density of red-backed salamanders 
is so high in a given area that the habitat is saturated with them, and 
there is a resultant reduction in breeding success, and other, less 
densely populated habitat is available (Cabe et al. 2007, p. 53). The 
Jemez mountains salamander is likely similar to other terrestrial 
salamanders, where dispersal distance and frequency is generally low, 
but some individuals may make moderate dispersal movements into 
available habitat.
    In the 12-month finding for the Jemez Mountains salamander (75 FR 
54822; September 9, 2010), we divided known salamander distributional 
data into five units (Unit 1-Western; Unit 2-Northern; Unit 3-East-
South-Eastern; Unit 4-Southern; and Unit 5-Central), to provide clarity 
in describing and analyzing the potential threats that may differ 
across the species' range. However, for this rule, we are no longer 
using these units as reference, because we did not want to cause 
confusion with the critical habitat units.
Habitat
    The strictly terrestrial Jemez Mountains salamander predominantly 
inhabits mixed-conifer forest, consisting primarily of Douglas fir 
(Pseudotsuga menziesii), blue spruce (Picea pungens), Engelman spruce 
(P. engelmannii), white fir (Abies concolor), limber pine (Pinus 
flexilis), Ponderosa pine (P. ponderosa), Rocky Mountain maple (Acer 
glabrum), and aspen (Populus tremuloides) (Degenhardt et al. 1996, p. 
28; Reagan 1967, p. 17). The species has occasionally been found in 
stands of pure Ponderosa pine and in spruce-fir and aspen stands, but 
these forest types have not been adequately surveyed. Predominant 
understory includes Rocky Mountain maple (Acer glabrum), New Mexico 
locust (Robinia neomexicana), oceanspray (Holodiscus sp.), and various 
shrubby oaks (Quercus spp.) (Degenhardt et al. 1996, p. 28; Reagan 
1967, p. 17). Salamanders are generally found in association with 
decaying coniferous logs, and in areas with abundant white fir, 
Ponderosa pine, and Douglas fir as the predominant tree species 
(Ramotnik 1988, p. 17; Reagan 1967, pp. 16-17). Salamanders use 
decaying coniferous logs (particularly Douglas fir logs) considerably 
more often than deciduous logs, likely due to the physical features 
(e.g., blocky pieces with cracks and spaces) that form as coniferous 
logs decay (Ramotnik 1988, p. 53). Still, the species may be found 
beneath some deciduous logs and excessively decayed coniferous logs, 
because these can provide aboveground habitat and cover (Ramotnik 1988, 
p. 53).
Biology
    The Jemez Mountains salamander is strictly terrestrial, does not 
possess lungs, and does not use standing surface water for any life 
stage. Respiration occurs through the skin, which requires a moist 
microclimate for gas exchange. Substrate moisture through its effect on 
absorption and loss of water is probably the most important factor in 
the ecology of this terrestrial salamander, as it is in other strictly 
terrestrial salamander species (Heatwole and Lim 1961, p. 818). The 
Jemez Mountains salamander spends much of its life underground and can 
be found above ground when relative environmental conditions are warm 
and wet, which is typically from July through September; but occasional 
salamander observations have been made in May, June, and October. 
Relatively warm and wet environmental conditions suitable for 
salamander aboveground activity are likely influenced by snow 
infiltration and summer monsoon rains. When active above ground, the 
species is usually found under decaying logs, rocks, bark, moss mats, 
or inside decaying logs or stumps.
    The salamander's subterranean habitat appears to be deep, 
fractured, subterranean rock in areas with high soil moisture (NMEST 
2000, p. 2) where the geologic and moisture constraints likely limit 
the distribution of the species. Soil pH (acidity or alkalinity) may 
limit distribution as well. It is unknown whether the species forages 
or carries on any other activities below ground, although it is 
presumed that eggs are laid and hatch underground. Salamander prey from 
aboveground foraging is diverse in size and type, with ants 
(Hymenoptera, Formicidae), mites (Acari), and beetles (Coleoptera) 
being most important (most numerous, most voluminous, and most 
frequent) in the salamander's diet (Cummer 2005, p. 43). Cummer (2005, 
pp. 45-50) found that specialization on invertebrate species was 
unlikely, but there was likely a preferential selection of prey 
categories (ants, mites, and beetles).
    The aboveground microhabitat (under or inside cover objects) 
temperature for 577 Jemez Mountains salamanders ranged from 43 to 63 
degrees Fahrenheit ([deg]F) (6.0 to 17.0 degrees Celsius ([deg]C)), 
with an average of 54.9 [deg]F (12.7 [deg]C) (Williams 1972, p. 18). 
Significantly more salamanders were observed under logs where 
temperatures are closest to the average temperature (54.5 [deg]F (12.5 
[deg]C)) than inside logs where temperatures deviated the most from the 
average temperature (55.9 [deg]F (13.3 [deg]C)) (Williams 1972, p. 19).
    Sexual maturity is attained at 3 to 4 years in age for females and 
3 years for males (Williams 1976, pp. 31, 35). Reproduction in the wild 
has not been observed; however, based on observed physiological 
changes, mating is believed to occur above ground between July and 
August (Williams 1976, pp. 31-36). Based on examination of 57 female 
salamanders in the wild and 1 clutch of eggs laid in a laboratory 
setting, Williams (1978, p. 475) concluded that females likely lay 7 or 
8 eggs every other year or every third year. Eggs are thought to be 
laid subterranean the spring after mating occurs (Williams 1978, p. 
475). Jemez Mountains salamanders have direct-developing eggs, whereby 
fully formed salamanders hatch from the eggs. The lifespan of the 
salamander in the wild is unknown. However, considering the estimated 
lifespan of other similar terrestrial plethodontid salamanders and the 
above reproductive information, we believe that the lifespan of this 
species is likely greater than 10 years.
Status of the Species
    A complete overview of the available survey data and protocols for 
the Jemez Mountains salamander is reported in the 12-month finding for 
the salamander (75 FR 54822; September 9, 2010). In summary, we have 
approximately 20 years of salamander survey data that provide detection 
information at specific survey sites for given points in time. The 
overall rangewide population size of the Jemez Mountains salamander is 
unknown because surveys tend to be localized (approximately 200 m by 
200 m areas (256 ft by 256 ft), and we cannot meaningfully relate these 
data to the demographics of the species. Additionally, like most 
plethodontid salamanders, monitoring population size or trends of the 
Jemez Mountains salamander is inherently difficult because of the 
natural variation associated with the species' behavior (Hyde and 
Simons 2001, p. 624). For example, when the species is underground, 
they cannot be detected. Therefore, the probability of detecting a

[[Page 56486]]

salamander is highly variable and dependent upon the environmental and 
biological parameters that drive aboveground and belowground activities 
(Hyde and Simons 2001, p. 624). Given the known bias of detection 
probabilities and the inconsistent survey effort across years, 
population trends and population size estimates using existing data 
cannot be made accurately.
    Despite our inability to quantify population size or trends for the 
salamander, these qualitative data (data that are observable, but not 
measurable) provide information for potential inferences. Based on 
these inferences, we believe that the persistence of the salamander may 
vary across the range of the species. For example, in some localities 
where the salamander was once considered abundant or common, the 
salamander is now rarely detected or has not been recently detected at 
all (New Mexico Heritage Program 2010a and b, spreadsheets). There also 
appears to be an increase in the number of areas where salamanders were 
once present, but have not been observed during more recent surveys 
(New Mexico Heritage Program 2010a and b, spreadsheets). Alternatively, 
there are two localities on the VCNP where the salamander continues to 
be relatively abundant, compared to most other recent detections 
(Redondo Border located in the central portion of the VCNP, and on a 
slope in the northeast portion of the VCNP). Still, the number of 
individuals found at these 2 localities is far less than other 
historical reports including the report in which 659 individuals were 
captured in a single year in 1970 and 394 of those individuals were 
captured in a single month (Williams 1976, p. 26). Currently, there is 
no known location where the number of salamanders observed is similar 
to that observed in 1970.
    Overall, some of the localized survey areas appear to be unchanging 
(survey results with similar numbers of salamanders through time during 
the period in which environmental conditions for salamander aboveground 
activity is warm and wet, which is typically from July through 
September). However, in other areas, particularly along the western and 
southern sides of the range, the number of salamanders observed during 
surveys appears to be decreasing or the number of surveys resulting in 
no detections at all are increasing (fewer or no salamanders observed 
for the same survey effort, while environmental conditions for 
salamander aboveground activity is considered optimal) (New Mexico 
Heritage Program 2010a and b, spreadsheets). An assessment of 
population trends using these data would not be accurate, unless we 
could demonstrate that these limited data are representative of the 
overall population. We expect that detecting overall trends will be 
difficult for this species, given data limitations, the cost of 
comprehensive surveys, and the likelihood of natural, annual, and 
spatial variations.
    In summary, the available data cannot be used to estimate 
population size or trends in the rangewide abundance of the salamander. 
Although we lack specific long-term population and trend information, 
available data and qualitative observations of salamanders suggest that 
the species is more difficult to find during surveys. Even though we 
are not able to estimate population trends, the number of surveys 
resulting in no salamander detections is increasing. Because we have 
limited data regarding the status of the species or population trends, 
we specifically request this information.

Summary of Factors Affecting the Species

    Section 4 of the Act (16 U.S.C. 1533), and its implementing 
regulations at 50 CFR part 424, set forth the procedures for adding 
species to the Federal Lists of Endangered and Threatened Wildlife and 
Plants. Under section 4(a)(1) of the Act, we may list a species based 
on any of the following five factors: (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; and (E) other natural or manmade 
factors affecting its continued existence. Listing actions may be 
warranted based on any of the above threat factors, singly or in 
combination. Each of these factors is discussed below.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

    The principal threats to the habitat of the Jemez Mountains 
salamander include historical fire exclusion (the act of preventing 
fire) and suppression (the act of putting out fire) and severe wildland 
fires; forest composition and structure conversions; post-fire 
rehabilitation; forest and fire management; roads, trails, and habitat 
fragmentation; and recreation.
Fire Exclusion, Suppression, and Severe Wildland Fires
    In the Jemez Mountains, over 100 years of fire suppression and fire 
exclusion (along with livestock grazing and other stressors) have 
altered forest composition and structure, and increased the threat of 
wildfire in Ponderosa pine and mixed-conifer forests (Belsky and 
Blumenthal 1997, p. 318). Fire has been an important process in the 
Jemez Mountains for at least several thousand years (Allen 1989, p. 
69), indicating that the salamander coexisted with historical fire 
regimes. Frequent, low-intensity surface fires and patchy, small-scale, 
high-intensity fires in the Jemez Mountains historically maintained 
salamander habitat. These fires spread widely through grassy understory 
fuels, or erupted on very small scales. The natural fire intervals 
prior to the 1900s ranged from 5 to 25 years across the Jemez Mountains 
(Allen 2001, p. 4). Dry mixed-conifer forests burned on average every 
12 years, whereas wet mixed-conifer forests burned on average every 20 
years. Historically, patchy surface fires within mixed-conifer forests 
would have thinned stands and created natural fuel breaks that would 
limit the extent of fires. Still, in very dry years, there is evidence 
of historical fires occurring across entire watersheds, but they did 
not burn with high severity over entire mountain sides (Jemez Mountains 
Adaptive Planning Workshop Session II Final Notes 2010, p. 7). Aspen 
stands are evidence of historical patchy crown fires that represent the 
relatively small-scale, stand-replacing fires that have historically 
occurred in the Jemez Mountains, which are also associated with 
significantly dry years (Margolis et al. 2007, p. 2236).
    These historical fire patterns were interrupted in the late 1800s 
through the elimination of fine fuels, as a result of livestock 
overgrazing and historical managed fire suppression. This interruption 
and exclusion of fire promoted the development of high forest stand 
densities with heavy accumulations of dead and downed fuel, and growth 
of ladder fuels (the dense mid-story trees that favor development of 
crown fires) (Allen 2001, pp. 5-6). In fact, past fire exclusion 
activities in this area converted historically low- to moderate-
severity fire regimes with small, patchy fires to high-severity, large-
scale, stand-replacing fires that have the potential to significantly 
destroy or degrade salamander habitat (USFS 2009a, pp. 8-9). The 
disruption of the natural cycle of fire and subsequent accumulation of

[[Page 56487]]

continuous fuels within the coniferous forests on south- and north-
facing slopes has increased the chances of a severe wildfire affecting 
large areas of salamander habitat within the Jemez Mountains (e.g., see 
USFS 2009a, 2009b).
    In recent years, prescribed fire at VCNP has been limited, with 
only one burn in 2004 that was described as creating a positive 
vegetation response (ENTRIX 2009, p. 97). A prescribed fire plan is 
expected to be developed (ENTRIX 2009, p. 97), because there is concern 
for severe wildland fires to occur (Parmenter 2009, cited in Service 
2010). The planned Scooter Peak prescribed burn between the VCNP and 
Bandelier National Monument is a fuel-reduction project in occupied 
salamander habitat, but is small in scale (approximately 960 acres (ac) 
(390 hectares (ha)) (ENTRIX 2009, p. 2). Although future thinning of 
secondary growth may partially reduce the risk of severe wildland fires 
in areas, these efforts are not likely at a sufficient geographical 
scale to lessen the overall threat to the salamander.
    The frequency of large-scale, high-severity, stand-replacing 
wildland fires has increased in the latter part of the 20th century in 
the Jemez Mountains. This increase is due to landscape-wide buildup of 
woody fuels associated with removal of grassy fuels from extreme year-
round livestock overgrazing in the late 1800s, and subsequent fire 
suppression (Allen 1989, pp. 94-97; 2001, pp. 5-6). The majority of 
wildfires over the past 20 years have exhibited crown fire behavior and 
burned in the direction of the prevailing south or southwest winds 
(USFS 2009a, p. 17). The first severe wildland fire in the Jemez 
Mountains was the La Mesa Fire in 1977, burning 15,400 ac (6,250 ha). 
Subsequent fires included the Buchanon Fire in 1993 (11,543 ac (4,671 
ha)), the Dome Fire in 1996 (16,516 ac (6,684 ha)), the Oso Fire in 
1997 (6,508 ac (2,634 ha)), the Cerro Grande Fire in 2000 (42,970 ac 
(17,390 ha)), and the Lakes Fire Complex (Lakes and BMG Fires) in 2002 
(4,026 ac (1,629 ha)) (Cummer 2005, pp. 3-4). Between 1995 and 2010, 
severe wildland fires have burned about 36 percent of modeled or known 
salamander habitat on USFS lands (USFS 2009, p. 1). Following the Cerro 
Grande Fire, the General Accounting Office reported that these 
conditions are common in much of the western part of the United States 
turning areas into a ``virtual tinderbox'' (General Accounting Office 
2000, p. 15).
    In 2011, the Las Conchas Fire burned 150,590 ac (60,942 ha) in the 
Jemez Mountains, and, until the 2012 Whitewater Complex Fire in 
southwestern New Mexico, Las Conchas was New Mexico's largest wildfire 
to date (USFS 2011a, p. 1). The Las Conchas Fire burned approximately 
17,780 ac (7,195 ha) of modeled or known salamander habitat in the 
east, south, and southeastern part of its range. This demonstrates that 
the threat of severe wildland fires to salamander habitat remains high, 
due to tons of dead and down fuel, overcrowded tree conditions leading 
to poor forest health, and dense thickets of small-diameter trees. 
There is a 36 percent probability of having at least one large fire of 
4,000 ac (over 1,600 ha) every year for the next 20 years in the 
southwest Jemez Mountains (USFS 2009a, p. 19). Moreover, the 
probability of exceeding this estimated threshold of 4,000 ac (1,600 
ha) burned in the same time period is 65 percent (USFS 2009a, p. 19). 
As an example of the severe fire risk, the Thompson Ridge-San Antonio 
area in the western portion of the salamander's range has extensive 
ladder fuels and surface fuels estimated at over 20 tons per acre, and 
the understory in areas contains over 800 dense sapling trees per acre 
within the mixed-conifer and Ponderosa pine stands (USFS 2009a, pp. 24-
25). The canyon topography aligns with south winds and steep slopes, 
making this area highly susceptible to crown fire (USFS 2009a, pp. 24-
25). Moreover, we found that the risk of burning is not eliminated 
following severe wildfires. Some areas that previously burned during 
the 2000 Cerro Grande Fire burned again during the 2011 Las Conchas 
Fire.
    Increases in soil and microhabitat temperatures, which generally 
increase with increasing burn severity, can have profound effects on 
salamander behavior and physiology and can, therefore, influence their 
ability to persist subsequent to severe wildland fires. Following the 
Cerro Grande Fire, soil temperatures were recorded under potential 
salamander cover objects in geographic areas occupied by the salamander 
(Cummer and Painter 2007, pp. 26-37). Soil temperatures in areas of 
high-severity burn exceeded the salamander's thermal tolerance (the 
temperature that causes death) (Spotila 1972, p. 97; Cummer and Painter 
2007, pp. 28-31). Because widespread dry conditions are an important 
factor contributing to the occurrence of severe wildfire, when severe 
wildfire occurs, most salamanders are likely protected in subterranean 
habitat and are not killed directly from wildfire. However, even in 
moderate and high-severity burned areas where fires did not result in 
the death of salamanders, the microhabitat conditions, such as those 
resulting from the Cerro Grande Wildfire, would limit the timing and 
duration that the salamanders could be active above ground (feeding and 
mating). Moreover, elevated temperatures lead to increases in oxygen 
consumption, heart rate, and metabolic rate, resulting in decreased 
body water (the percentage of water in the body) and body mass 
(Whitford 1968, pp. 247-251). Physiological stress from elevated 
temperatures may also increase susceptibility to disease and parasites. 
Effects from temperature increases are discussed in greater detail 
under Factor E, below.
    Severe wildland fires typically increase soil pH, which could 
affect the salamander. In one study of the Jemez Mountains salamander, 
soil pH was the single best indicator of relative abundance of 
salamanders at a site (Ramotnik 1988, pp. 24-25). Sites with 
salamanders had a soil pH of 6.6 ( 0.08) and sites without 
salamanders had a soil pH of 6.2 ( 0.06). In another 
species of a terrestrial plethodontid salamander, the red-backed 
salamander (Plethodon cinereus), soil pH influences and limits its 
distribution and occurrence as well as its oxygen consumption rates and 
growth rates (Wyman and Hawksley-Lescault 1987, p. 1823). Similarly, 
Frisbie and Wyman (1991, p. 1050) found the disruption of sodium 
balance by acidic conditions in three species of terrestrial 
salamanders. A low pH substrate can also reduce body sodium, body water 
levels, and body mass (Frisbie and Wyman 1991, p. 1050). Changes in 
soil pH following wildfire could impact the salamander, either by 
making the habitat less suitable, or through physiological stress.
    Including the Santa Fe National Forest, the existing risk of 
wildfire on the VCNP and surrounding areas is uncharacteristically high 
and is a significant departure from historical conditions over 100 
years ago (VCNP 2010, p. 3.1; Allen 1989, pp. ii-346; 2001, pp. 1-10). 
Several regulatory attempts have been made to address and correct the 
altered ecological balance of New Mexico's forests resulting from a 
century of fire suppression, logging, and livestock grazing. Congress 
enacted the Community Forest Restoration Act to promote healthy 
watersheds and reduce the threat of large, high-intensity wildfires; 
insect infestation; and disease in the forests in New Mexico (H.R. 
2389, Public Law 106-393). The subsequent Omnibus Public Land 
Management Act, also called the ``Forest Landscape Restoration Act'' 
(Title, IV, Public Law III-II, 2009), established a national program 
that encourages ecological,

[[Page 56488]]

economic, and social sustainability and utilization of forest 
restoration byproducts to benefit local rural economies and improve 
forest health. As a result, the Santa Fe National Forest and partners 
prepared the Southwest Jemez Mountains Landscape Assessment designed to 
reduce the threat of severe wildland fire in the western and southern 
part of the salamander's range over the next 10 years (USFS 2009, p. 
2).
    In 2011, this Collaborative Forest Landscape Restoration project 
was selected and is eligible for up to $4 million per year to restore 
approximately 210,000 ac (85,000 ha) of forest in the southwestern 
Jemez Mountains (USFS 2011b, pp. 1-2), but a lack of matching funds may 
limit the geographical extent of this project. Moreover, this project 
will not effectively address the short-term risk of severe wildland 
fire to the species because treatments are anticipated to be 
implemented slowly, over a decade or more, and will likely not begin in 
salamander habitat until at least 2013. Finally, it is unknown whether 
the proposed treatments will effectively reduce the risk of severe 
wildfire to the salamander or its habitat without causing additional 
harm to the species, because measures to minimize impacts will be 
experimental and have not yet been developed. We believe that this risk 
of wildfire is one of the most significant threats facing this species, 
and projects attempting to reduce the threat of wildland fire will need 
to be implemented over a large part of the landscape before significant 
risk reduction for the salamander is achieved. For these reasons, we 
conclude that the overall risk of severe wildland fire will not be 
significantly reduced or eliminated on USFS lands, National Park 
Service lands, the VCNP, or surrounding lands in the future.
    Since 1977, these severe wildland fires have significantly degraded 
important features of salamander habitat, including removal of tree 
canopy and shading, increases of soil temperature, decreases of soil 
moisture, increased pH, loss or reduction of soil organic matter, 
reduced soil porosity, and short-term creation of hydrophobic (water-
repelling) soils. These and other effects limit the amount of available 
aboveground habitat, and the timing and duration when salamanders can 
be active above ground, which negatively impacts salamander behavior 
(e.g., maintenance of water balance, foraging, and mating) and 
physiology (e.g., increased dehydration, heart rate and oxygen 
consumption, and increased energy demands). These negative impacts are 
greater for hatchlings and juvenile salamanders because, relative to 
their body mass size, they have a greater skin surface area than larger 
salamanders, and thus have greater rates of water and gas exchange over 
their skin surface. Survivorship of hatchlings and juveniles is likely 
reduced from the effects of extensive stand-replacing wildland fires.
    For these reasons, severe wildland fires have led to a reduction in 
the quality and quantity of the available salamander habitat rangewide, 
reducing the survivorship and fecundity of the salamander rangewide. 
The USFS concludes, and we concur, that habitat loss from extensive, 
stand-replacing wildland fire is a threat to the salamander (USFS 
2009c, p. 1), and these effects will likely continue into the future, 
because areas that have not burned in the past 15 years are still at 
extremely high risk, and areas that have experienced severe wildfires 
in the last 15 years have degraded habitat that continues to adversely 
affect the salamander. We consider the reduction in the quality and 
quantity of habitat from extensive stand-replacing wildland fire to be 
a significant threat to the species, because this threat is rangewide 
and affects salamander behavior, physiology, and reproductive success. 
Therefore, we believe that severe wildland fire has substantially 
impacted the salamander and its habitat, and this trend is expected to 
continue throughout its range in the future, unless and until projects 
attempting to reduce the threat of wildland fire are effectively 
implemented over a large part of the landscape in the Jemez Mountains 
which includes the habitat of the salamander.
Forest Composition and Structure Conversions
    Changes in forest composition and structure may exacerbate severe 
wildland fires and are, therefore, considered a threat to the 
salamander. In addition, changes in forest composition and structure 
may threaten the salamander by directly altering soil moisture, soil 
temperature, soil pH, relative humidity, and air temperature. While it 
is possible that increased canopy could provide additional shading, and 
thus lower air and soil temperatures, and reduce soil moisture loss, it 
is presumed that any minor gains from a slightly more closed canopy 
would be lost as a result of the increase in demand for water that 
would be required for evapotranspiration by an increased number of 
small-diameter trees, which in turn would lead to increased drying of 
the soil. Limited water leads to drought-stress in trees, and an 
increase in susceptibility of trees to burning, insect infestations, 
and disease. This is especially true on south-facing slopes, where less 
moisture is available or during times of earlier snowmelt. Reduced soil 
moisture may also influence soil temperature and relative humidity.
    Reduced soil moisture disrupts other aboveground activities of 
salamanders (e.g., foraging and mating), because salamanders must first 
address moisture needs above all other life functions (Heatwole and Lim 
196, p. 818). Additionally, ecological changes resulting from forest 
composition changes could result in altered prey availability; however, 
we do not know if such changes would affect the salamander. The type 
and quantity of vegetation affects soil pH, and thus could also affect 
the salamander. Overall, the degree of cascading ecological impacts 
from shifts in forest composition and structure is currently unknown; 
however, alteration of forest composition and structure contribute to 
increased risk of forest die-offs from disease and insect infestation 
throughout the range of the salamander (USFS 2002, pp. 11-13; 2009d, p. 
1; 2009a, pp. 8-9; 2010, pp. 1-11; Allen 2001, p. 6). We find that the 
interrelated contributions from changes in vegetation to large-scale, 
high-severity wildfire and forest die-offs are of a significant 
magnitude across the range of the species (e.g., see ``Fire Exclusion, 
Suppression, and Severe Wildland Fires'' section, above), and, in 
addition to continued predicted future changes to forested habitat 
within the range of the species, are threats to the salamander.
    Preliminary data collected from the VCNP indicates that an increase 
in the amount of tree canopy cover in an area can decrease the amount 
of snow that is able to reach the ground, and can ultimately decrease 
the amount of soil moisture and infiltration (Enquist et al. 2009, p. 
8). On the VCNP, 95 percent of coniferous forests have thick canopy 
cover with heavy understory fuels (VCNP 2010, pp. 3.3-3.4; USFS 2009a, 
p. 9). In these areas, snow accumulates in the tree canopy over winter, 
and in the spring can quickly evaporate without reaching or 
infiltrating the soil. Relatively recent increases in canopy cover, 
resulting from changes in forest composition and structure caused by 
historical management and fire suppression, could be having significant 
drying effects on salamander habitat. In summary, existing and ongoing 
changes in forest composition and structure are interrelated to the 
threat of severe wildland fire and may also directly

[[Page 56489]]

affect habitat suitability by altering soil moisture, soil temperature, 
soil pH, relative humidity, and air temperature. Therefore, forest 
composition and structure conversions resulting in increased canopy 
cover and denser understory pose threats to the salamander now and are 
likely to continue in the future.
Post-fire Rehabilitation
    Post-fire management practices are often needed to restore forest 
dynamics (Beschta et al. 2004, p. 957). In 1971, USFS was given formal 
authority by Congress for Burn Area Emergency Rehabilitation (BAER) 
(Robichaud et al. 2000, p. 1) and integrated the evaluation of fire 
severity, funding request procedures, and treatment options. Treatment 
options implemented by USFS and BAER teams include hillslope treatments 
(grass seeding, contour-felled logs, mulch, and other methods to reduce 
surface runoff and keep post-fire soil in place, such as tilling, 
temporary fencing, erosion control fabric, straw wattles, lopping, and 
scattering of slash) and channel treatments (straw bale check dams, log 
check dams, rock dams, and rock cage dams (gabions)) (Robichaud et al. 
2000, pp. 11-21). Rehabilitation actions following the Cerro Grande 
fire in salamander habitat included heavy equipment and bulldozer 
operation, felling trees for safety reasons, mulching with straw and 
placement of straw bales, cutting and trenching trees (contour felling 
and securing on slope), hand and aerial seeding, and aerial hydromulch 
(wet mulch with fertilizer and seed) (USFS 2001, p. 1). Rehabilitation 
actions following the Las Conchas Fire included road protections 
(removal of culverts, installation of trash racks and drainage dips); 
hand and aerial seeding; mulching; and removal of trees at ancestral 
communities (USFS 2011a, pp. 7-9; USFS 2012, pp. 1-3).
    In many cases, rehabilitation actions can have further detrimental 
impacts on the Jemez Mountains salamander and its habitat beyond what 
was caused by the fire, but the USFS has made efforts to minimize such 
impacts (USFS 2012, pp. 1-3). For instance, following the Las Conchas 
Fire, rehabilitation actions in the Jemez Mountains salamander's 
habitat that is categorized as ``Essential'' according to the Jemez 
Mountains Salamander Management Plan or categorized as an ``Occupied 
Stand'' by the USFS were limited to small scales and included: an 
estimated 4.3 ac (1.7 ha) of habitat being impacted for road 
protections, 7.5 ac (3.0 ha) were seeded and mulched (for archeological 
site protection and Nordic ski trail protection), 150 ac (60.7) were 
disturbed for hazard tree removal (cutting trees that could be 
dangerous by falling onto a roadway), and 3.25 ac (1.3 ha) of bulldozer 
line was rehabilitated with slash placement or seeding (USFS 2011a, pp. 
7-9; USFS 2012, pp. 1-3).
    Some post-fire rehabilitation actions may be beneficial for the 
salamander. For example, contour felling can slow erosion and, in cases 
where aboveground rocks are not present or present in low numbers, the 
felled logs can also provide immediate aboveground cover. Following the 
Cerro Grande Fire, the BAER Team recommended felling large-diameter 
Douglas fir logs and cutting four disks off each log (rounds) to 
provide immediate cover for salamanders before summer rains 
(Interagency BAER Team 2000, p. 87; USFS 2001, p. 1). Similar 
recommendations were made after the Las Conchas Fire (BAER Survey 
Survey Specialist Report, 2011, p. 3). We believe these actions would 
benefit the salamander immediately post-fire, but these actions have 
not been implemented and still need to be tested. Still, some post-fire 
treatments (e.g., grass seeding, heavy equipment operation, bulldozing, 
tilling, hydromulching, mulching, erosion control fabrics, and removal 
of aboveground rocks to build rock dams) likely negatively impacted the 
salamander.
    The most common BAER treatment has been grass seeding dropped from 
aircraft (Robichaud et al. 2000, p. 11; Peppin et al. 2010, p. 574). 
Nonnative grasses have typically been seeded because they are fast-
growing and have extensive fibrous roots (Robichaud et al. 2000, p. 
11); however, in more recent years, efforts have been made to use 
native plant species, but their use is often limited by high cost and 
inadequate availability (Peppin et al. 2010, p. 574). Overall, seeding 
with grass is relatively inexpensive, and has been reported to rapidly 
increase water infiltration and stabilize soil (Robichaud et al. 2000, 
p. 11). However, Peppin et al. (2010, p. 573) concluded that post-
wildfire seeding in western U.S. forests does little to protect soil in 
the short-term, has equivocal effect on invasion of nonnative species, 
and can have negative effects on native vegetation recovery. 
Nevertheless, nonnative grasses from post-fire rehabilitation efforts 
have created thick mats that are impenetrable to the salamander, 
because the species has short legs and cannot dig tunnels. The existing 
spaces in the soil fill with extensive roots, altering the subterranean 
habitat in a manner that is unusable to the salamander. We are aware of 
areas that burned with moderate and high severities in the Dome Fire 
(eastern and southeastern part of its range), where these thick mats of 
grass resulting from rehabilitation still persist, and salamanders are 
no longer found there. It is possible that native grasses could have 
the same effect, because the goal of the rehabilitation effort is to 
stabilize the soil with quick-growing fibrous roots.
    Additionally, grass seed mixtures can also contain fertilizer that 
is broadcast over large areas of habitat (e.g., hydromulch used in 
post-fire treatments for the Cerro Grande Fire). Fertilizers can 
contain nitrate, which is toxic to amphibians at certain levels (Rouse 
et al. 1999, p. 799). Finally, how mulching with straw post-fire 
affects the salamander remains unknown, but could have significant 
adverse effects if there is widespread use and the mulch creates an 
impenetrable layer or alters the microecology in the upper layers of 
the soil and at the soil's surface. While the effects to salamanders 
from seeding with nonnative grasses, use of fertilizers, or mulch 
application have not been specifically studied, these actions, alone or 
in combination, have likely caused widespread adverse impacts to the 
salamander. To reduce adverse effects to the salamander resulting from 
post-fire rehabilitation efforts following the Las Conchas Fire, 
efforts were made to avoid seeding in most salamander areas (USFS 
2011c, p. 9), and avoiding salamander habitat was a specific criterion 
for grass seeding and mulching actions (USFS 2012, p. 3). Because many 
common post-fire treatment actions have the potential to have 
significant, widespread adverse effects, we anticipate habitat 
alterations from wildfire and post-fire rehabilitation will continue to 
be a threat to the salamander localities from both past and future 
treatments.
    In summary, some post-fire treatments, such as contour felling of 
logs and cutting and scattering rounds, may reduce some of the short-
term effects of fire to the salamander and its habitat. However, most 
post-fire treatments negatively impact the salamander and its habitat 
in the long-term. Small-scale impacts could occur from removing rocks 
from habitat to build rock dams, and large-scale impacts include grass 
seeding and associated chemicals, and possibly mulching. We conclude 
that while the effects of high-severity, stand-replacing wildfire are 
the most significant threat to the salamander and its habitat, actions 
taken following wildfires are also a threat to the salamander's 
habitat,

[[Page 56490]]

and are expected to continue in the future.
Fire Use
    Fire use includes the combination of wildland fire use (the 
management of naturally ignited wildland fires to accomplish specific 
resource management objectives) and prescribed fire (any fire ignited 
by management actions to meet specific objectives) applications to meet 
natural resource objectives (USFS 2010b, p. 1). Fire use can benefit 
the salamander in the long term by reducing the risk of severe wildland 
fires and by returning the natural fire cycle to the ecosystem. 
Alternatively, other practices, such as broadcast burning (i.e., 
conducting prescribed fires over large areas), consume ground litter 
that helps to create moist conditions and stabilize soil and rocky 
slopes. Depending on time of year, fire use can also negatively impact 
the salamander when the species is active above ground (typically from 
July to September). However, the wet conditions required for salamander 
aboveground activity are often not conducive to fire. Prescribed fire 
in the Jemez Mountains is often planned for the fall (when the 
salamanders are not active above ground), because low wind and 
increased moisture during this time allow more control, lowering 
chances of the fire's escape. Because fire historically occurred prior 
to July (i.e., premonsoon rains), the majority of fires likely preceded 
the salamander's aboveground activity. Prescribed fires conducted after 
September, when salamanders typically return to their subterranean 
retreats, would be similar to a natural fire regime in the spring, with 
low direct impacts because most salamanders are subterranean at that 
time. However, it is unknown what the indirect impacts of altering the 
time of year when fire is present on the landscape have on the 
salamander and its habitat.
    Other activities related to fire use that may have negative impacts 
to the salamander and its habitat include digging fire lines, targeting 
the reduction of large decaying logs, and using flares and fire-
retardant chemicals in salamander habitat. Some impacts or stressors to 
the salamander can be avoided through seasonal timing of prescribed 
burns and modifying objectives (e.g., leaving large-diameter logs and 
mixed canopy cover) and by modifying fire management techniques (e.g., 
not using flares or chemicals) in salamander habitat (Cummer 2005, pp. 
2-7).
    As part of the Southwest Jemez Restoration Project proposal, the 
Santa Fe National Forest has set specific goals pertaining to 
salamander habitat, including reduction of the risk of high-intensity 
wildfire in salamander habitat, and retention of a moisture regime that 
will sustain high-quality salamander habitat (USFS 2009a, p. 11). The 
Santa Fe National Forest intends to minimize impacts to salamander 
habitat and to work towards recovery of the salamander (USFS 2009, p. 
4), but specific actions or recommendations to accomplish this goal 
have not yet been determined. If the salamander's needs are not 
considered, fire use could make its habitat less suitable (warmer; 
drier; fewer large, decaying logs), and kill or injure salamanders that 
are active above ground. Alternatively, the salamander's habitat may 
benefit if seasonal restrictions and maintaining key habitat features 
(e.g., large logs and sufficient canopy cover to maintain moist 
microhabitats) are part of managing fire.
    Given the current condition of forest composition and structure, 
the risks of severe wildland fire on a large geographic scale will take 
a long-term planning strategy. Fire use is critical to the long-term 
protection of the salamander's habitat, although some practices are not 
beneficial to the species and may be a threat to the salamander.
Fire Suppression Activities
    Similarly, fire suppression activities may both protect and 
negatively impact the salamander and its habitat. For example, fire 
suppression actions that occurred in salamander habitat during the 
Cerro Grande Fire included hand line construction and bulldozer line 
construction (digging fire breaks down to bare mineral soil), 
backfiring (burning off heavy ground cover before the main fire reached 
that fuel source), and fire retardant drops (USFS 2001, p. 1). Fire 
suppression actions in modeled salamander habitat on the Santa Fe 
National Forest following Las Conchas Fire included 1.2 miles (mi) (1.9 
kilometers (km)) of bulldozer line, 0.6 mi (0.9 km) of hand line, 1.2 
mi (1.9 km) of fire retardant drop, and 1.5 ac (0.6 ha) of areas 
cleared for three drop points and one Medivac area (USFS 2011d, pp. 1-
2). Water dropping from helicopters is another fire suppression 
technique used in the Jemez Mountains, where water is collected from 
accessible streams, ponds, or stock tanks. By dropping surface water 
into terrestrial habitat, there is a significant increased risk of 
spreading aquatic pathogens into terrestrial habitats (see C. Disease 
and Predation, below).
    The impacts of fire retardants and firefighting foams to the 
salamander are discussed under E. Other Natural or Manmade Factors 
Affecting Its Continued Existence, below. Fire suppression actions, 
including the use of fire retardants, water dropping, backfiring, and 
fire line construction, likely impact the salamander's habitat; 
however, the effects of habitat impacts from fire suppression on the 
salamander remain unknown, and, based on the information available at 
this time, we determine that fire suppression actions do not appear to 
be a threat to the salamander's habitat. These activities improve the 
chances of quick fire suppression, and thus fires would be relatively 
smaller in scale and could have fewer impacts than a severe wildland 
fire. Therefore, we do not find that fire suppression activities are a 
threat to the salamander's habitat, nor do we expect them to become a 
threat in the future.
Mechanical Treatment of Hazardous Fuels
    Mechanical treatment of hazardous fuels refers to the process of 
grinding or chipping vegetation (trees and shrubs) to meet forest 
management objectives. When these treatments are used, resprouting 
vegetation often grows back in a few years and subsequent treatment is 
needed. Mechanical treatment is a fuel-reduction technique that may be 
used alone or in combination with prescribed fire. Mechanical treatment 
may include the use of heavy equipment or manual equipment to cut 
vegetation (trees and shrubs) and to scrape slash and other debris into 
piles for burning or mastication. Mastication equipment uses a cutting 
head attached to an overhead boom to grind, chip, or crush wood into 
smaller pieces, and is able to treat vegetation on slopes up to 35 to 
45 percent, while generally having little ground impact (soil 
compaction or disturbance). The debris is left on the ground where it 
decomposes and provides erosion protection, or it is burned after 
drying out.
    Mechanical treatment of hazardous fuels, such as manual or machine 
thinning (chipping and mastication), may cause localized disturbances 
to the forest structure or alter ecological interactions at the soil 
surface that can impact the salamander and its habitat. For example, 
removal of overstory tree canopy or ground cover within salamander 
habitat may cause desiccation of soil or rocky substrates. Also, a 
layer of masticated material could change microhabitat conditions 
making it unsuitable for salamanders (e.g., altering fungal communities 
or physically making it difficult for salamanders to move through).

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Additionally, tree-felling or use of heavy equipment has the potential 
to disturb the substrate, resulting in destabilization of talus and 
compaction of soil, which may reduce subterranean interstices (spaces) 
used by salamanders as refuges or movement.
    Activities that compact soil, alter ecological interactions at the 
soil surface, remove excessive canopy cover, or are conducted while 
salamanders are above-ground active would be detrimental to the 
salamander and its habitat. A masticator is one type of heavy machinery 
that can be used for mechanical treatment of fuels that could 
potentially compact the soil and leave debris altering the soil surface 
ecology. In one study at a different location, a masticator was 
operated on existing skid trails (temporary trails used to transport 
trees, logs, or other forest products) and did not increase soil 
compaction, because the machinery traveled on existing trails covered 
with masticated materials (wood chips, etc.), which more evenly 
distributed the weight of the machinery and reduced soil compaction 
(Moghaddas and Stephens 2008, p. 3104). However, studies in the Jemez 
Mountains and effects to soils there have not been conducted.
    At this time, we do not have any specific information whether 
mechanical treatments, including mastication, negatively impact the 
salamander either through altering above ground habitat or soil 
compaction. We encourage research on these techniques if they are to be 
implemented in salamander habitat. If mechanical treatment and 
hazardous fuels activities are conducted in a manner that minimizes 
impacts to the salamander and its habitat, while reducing the risk of 
severe wildland fire, the salamander could ultimately benefit from the 
reduction in the threat of severe wildland fire and the improvement in 
the structure and composition of the forest. However, mechanical 
treatments could also pose a threat to the salamander and its habitat 
if conducted in a manner that degrades or makes habitat unusable to the 
salamander. Finally, if salamanders are active above ground, any of 
these activities could crush salamanders present. We are not aware of 
any specific large-scale mechanical treatments in salamander habitat; 
however, mastication is an option for treatments in the Southwest Jemez 
Restoration Project area. We request information on mechanical 
treatments that may occur in salamander habitat and how those 
treatments may affect the salamander and its habitat.
Forest Silvicultural Practices
    Many areas of the landscape in the Jemez Mountains have been 
fragmented by past silvicultural practices (the care and cultivation of 
forest trees) including commercial (trees greater than 9 inches (in) 
(23 centimeteres (cm)) in diameter at breast height (dbh)) and 
precommercial (trees less than 9 in (23 cm) dbh) timber harvesting. 
Much of the forests of the Jemez Mountains lack large-diameter trees 
and have become overgrown with small-diameter trees. While salamanders 
still occupy areas where timber harvesting has occurred, the effects of 
past silvicultural practices continue to adversely affect the 
salamander and its habitat through the absence of large-diameter trees 
that, when they fall and decompose, provide high-quality aboveground 
habitat, through the contribution of high fuels increasing the risk of 
large-scale stand-replacing wildfire, and cascading effects on soil 
moisture and temperature.
    From 1935 to 1972, logging (particularly clear-cut logging) was 
conducted on VCNP (ENTRIX 2009, p. 164). These timber activities 
resulted in about 50 percent of VCNP being logged, with over 1,000 mi 
(1,600 km) of 1960s-era logging roads (ENTRIX 2009, p. 164) being built 
in winding and spiraling patterns around hills (ENTRIX 2009, pp. 59-
60). On the VCNP, 95 percent of forest stands contain dense thickets of 
small-diameter trees, creating a multi-tiered forest structure (VCNP 
2010, pp. 3.3-3.4). This multi-tiered forest structure is similar to 
surrounding areas, and provides ladder fuels that favor the development 
of crown fires (as opposed to high-intensity, habitat-destroying ground 
fires) (Allen 2001, pp. 5-6; USFS 2009a, p. 10). Additionally, all 
forest types on the VCNP contain very few late-stage mature trees 
greater than 16 in (41 cm) dbh (less than 10 percent of the overall 
cover) (VCNP 2010, pp. 3.4, 3.6-3.23). The lack of large trees is an 
artifact of intense logging, mostly from clear-cutting practices in the 
1960s (VCNP 2010, p. 3.4). Clear-cutting degrades forest floor 
microhabitats for salamanders by eliminating shading and leaf litter, 
increasing soil surface temperature, and reducing moisture (Petranka 
1998, p. 16).
    In a study comparing four logged sites and five unlogged sites in 
Jemez Mountains salamander habitat, Ramotnik (1986, p. 8) reports that 
a total of 47 salamanders were observed at four of the five unlogged 
sites, while no salamanders were observed on any of the logged sites. 
We do not know if salamanders actually occupied the logged sites prior 
to logging, but significant differences in habitat features (soil pH, 
litter depth, and log size) between the logged and unlogged sites were 
reported (Ramotnik 1986, p. 8). On the unlogged sites, salamanders were 
associated with cover objects that were closer together and more 
decayed, and that had a higher canopy cover, greater moss and lichen 
cover, and lower surrounding needle cover, compared to cover objects on 
logged sites (Ramotnik 1986, p. 8). Cover objects on logged sites were 
less decomposed and accessible by the salamanders, had a shallower 
surrounding litter depth, and were associated with a more acidic soil 
than were cover objects on the unlogged sites (Ramotnik 1986, p. 8). 
Based on the differences between logged and unlogged sites, we believe 
that logging can destroy or modify the Jemez Mountains salamander's 
habitat in such a way that it becomes uninhabitable or less suitable 
for the species.
    Consistent with the findings of Ramotnik (1986, p. 8), deMaynadier 
and Hunter (1995; in Olson et al. 2009, p. 6) reviewed 18 studies and 
found that salamander abundance after timber harvest was 3.5 times 
greater on control (unlogged) areas than in clear-cut areas. 
Furthermore, Petranka et al. (1993; in Olson et al. 2009, p. 6) found 
that Plethodon abundance and richness in mature forest were five times 
higher than in recent clear-cut areas, and they estimated that it would 
take as much as 50 to 70 years for clear-cut populations to return to 
preclearcut levels. We do not know the amount of time it might take for 
Jemez Mountains salamanders to recover from habitat alterations 
resulting from clear-cut logging, particularly because of concurrent 
and ongoing factors affecting forest stand conditions (e.g., fire 
suppression, livestock grazing, changes in vegetation composition and 
structure).
    The majority of Jemez Mountains salamander habitat has been heavily 
logged, which has resulted in changes in stand structure, including a 
paucity of large-diameter trees. This lack of large-diameter trees 
means that there is a limited source for future large, decaying logs 
that provide high-quality (e.g., relatively cool, high-moisture diurnal 
retreats) aboveground habitat. Ramotnik (1986, p. 12) reported that 
logs with salamanders were significantly larger and wetter than those 
without salamanders, and most salamanders were found in well-decomposed 
logs. In a similar plethodontid salamander, large logs provide refuge 
from warmer temperatures and resiliency from impacts that can warm and 
dry habitat (Kluber et al. 2009, p. 31). In summary,

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there are less high-quality salamander habitat features and no material 
for future high-quality salamander habitat features in areas where 
large-diameter trees have been removed.
    On the VCNP, only minor selective logging has occurred since 1972, 
and it is expected that some thinning of secondary growth forests will 
continue to occur to prevent severe wildfires. However, no commercial 
logging is proposed or likely in the foreseeable future (Parmenter 
2009b, cited in Service 2010). Although commercial timber harvest on 
the Santa Fe National Forest has declined appreciably since 1988 (Fink 
2008, pp. 9, 19), the effects from historical logging and associated 
roads will continue to be a threat to the salamander.
    The historical clear-cut logging practices in the Jemez Mountains 
have likely led to significant habitat loss for the salamander. The 
cutting has contributed to current stand conditions (high fuels), and 
the forest lacks large-diameter trees for future high-quality 
aboveground cover objects. We believe that the effects from historical, 
clear-cut logging are currently affecting the salamander and its 
habitat, and will continue to do so in the future.
    Salvage cutting (logging) removes dead, dying, damaged, or 
deteriorating trees while the wood is still merchantable (Wegner 1984, 
p. 421). Sanitation cutting, similar to salvage, removes the same kinds 
of trees, as well as those susceptible to attack from biotic pests 
(Wegner 1984, p. 421). Both types of cutting occur in the Jemez 
Mountains salamander's habitat, and are referred to as ``salvage 
logging.'' Salvage logging is a common management response to forest 
disturbance (Lindenmayer et al. 2008, p. 4) and, in the salamander's 
habitat, is most likely to occur after a forest die-off resulting from 
fire, disease, insects, or drought. The purposes for salvage logging in 
the Jemez Mountains have included firewood for local use, timber for 
small and large mills, salvage before decay reduces the economic value 
of the trees, creation of diverse healthy and productive timber stands, 
management of stands to minimize insect and disease losses (USFS 1996, 
p. 4), and recovery of the timber value of fire-killed trees (USFS 
2003, p. 1). When conducted in the salamander's habitat, salvage 
logging can further reduce the quality of the salamander's habitat 
remaining after the initial disturbance, by removing or reducing the 
shading afforded by dead standing trees (Moeur and Guthrie 1984, p. 
140) and future salamander cover objects (removal of trees precludes 
their recruitment to the forest floor), and by interfering with habitat 
recovery (Lindenmayer et al. 2008, p. 13).
    Recent salvage logging within the range of the Jemez Mountains 
salamander occurred following the 2002 Lakes and BMG Wildfire. The USFS 
stated that mitigation measures for the Lakes and BMG Wildfire Timber 
Salvage Project would further protect the salamander and enhance 
salamander habitat by immediately providing slash and fallen logs (USFS 
2003, pp. 4-5). Mitigation for the salvage logging project included 
conducting activities during winter to avoid soil compaction (as the 
ground is more likely to be frozen and hard at that time), and 
providing for higher snag retention (by leaving all Douglas fir trees 
(16 percent fire-killed trees) and 10 percent of other large snags) to 
provide future fallen log habitat (USFS 2003, p. 29). These mitigation 
measures were developed in consultation with NMEST in an effort to 
minimize impacts to the Jemez Mountains salamander from salvage 
logging; however, NMEST recommended that salvage logging be excluded 
from occupied salamander habitat because it was not clear that, even 
with the additional mitigations, it would meet the conservation 
objectives of the Cooperative Management Plan (NMEST 2003, p. 1).
    The mitigation measures would likely benefit the salamander in the 
short term if conducted without salvage logging. It is not known if 
mitigation measures offset the impacts of salvage logging in salamander 
habitat; however, Lindenmayer et al. (2008, p. 13) reports that salvage 
logging interferes with natural ecological recovery and may increase 
the likelihood and intensity of subsequent fires. We believe that 
removal of trees limits the amount of future cover and allows 
additional warming and drying of habitat. The potential for large-scale 
forest die-offs from wildfire, insect outbreak, disease, or drought is 
high in the Jemez Mountains, which may result in future salvage logging 
in salamander habitat. We believe that salvage logging in salamander 
habitat further diminishes habitat quality and may be a determining 
factor of salamander persistence subsequent to forest die-off.
    Some timber harvest activities likely pose no threat to the 
continued existence of the Jemez Mountains salamander. For example, 
removal of trees that may pose a safety hazard may have minimal 
disturbance to surrounding soils or substrates, especially if removal 
is conducted when the species is not active above ground (i.e., 
seasonal restrictions). This type of localized impact may affect a few 
individuals, but it is not likely to affect a population or be 
considered a threat. Likewise, precommercial thinning (removal of trees 
less than 9 in (23 cm) dbh or shrub and brush removal (without the use 
of herbicides) to control vegetation, and without disturbing or 
compacting large areas of the surrounding soils, likely could be 
conducted without adverse effects to the salamander or its habitat.
    In summary of forest silvicultural practices, impacts from past 
commercial logging activities continue to have detrimental effects to 
the salamander and its habitat. These past activities removed large-
diameter trees, altered forest canopy structure, created roads, 
compacted soil, and disturbed other important habitat features. These 
effects of historical logging include the warming and drying of 
habitat, and a paucity of large cover objects (decaying logs) that 
would have contributed to habitat complexity and resiliency. Salvage 
logging further diminishes salamander habitat subsequent to 
disturbance. Therefore, we conclude that the salamander continues to 
face threats from current forest silvicultural practices, including 
salvage logging. These actions are smaller in scale relative to the 
range of the species, and we are not aware of any proposals to salvage-
log the large area of the Las Conchas burn area. However, the habitat-
warming and drying effect of these actions may cause additional 
detrimental disturbance to habitat in areas burned by severe wildfire. 
We also conclude that the salamander continues to face threats 
resulting from the habitat-related effects of historical logging 
activities because high-quality, high-moisture retreats are presently 
fewer, and future opportunities for high-quality, high-moisture 
retreats will be extremely rare. Because all salamander life functions 
and activities are based on the individual's water balance, limiting 
opportunities for hydration affects all other aspects of survival and 
reproduction, greatly contributing to the risk of extinction. This 
significant threat is occurring now and will continue into the future.
Dams
    Following the 2000 Cerro Grande Fire, water retention dams were 
constructed within potential salamander habitat to minimize soil 
erosion within burned areas (NMDGF 2001, p. 1; NMEST 2002, pp.1-2; Kutz 
2002, p. 1). Because these types of structures were installed to slow 
erosion subsequent to wildfire, additional dams or flood control 
features could be constructed within salamander habitat in the future

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following severe wildland fires. Some individual salamanders may be 
killed or injured by this activity; however, the impact to the species 
and habitat from construction of retention dams would be relatively 
minor. For this reason, we do not consider the construction of dams to 
currently be a significant threat to the salamander, nor do we expect 
dam construction to be a threat to the species in the future.
Mining
    Pumice mining activities (e.g., Copar Pumice Company, the Copar 
South Pit Pumice Mine, and the El Cajete Pumice Mine) have been 
evaluated for impacts to the salamander (USFS 1995, pp. 1-14; 1996, pp. 
1-3). Pumice mines are located within areas of volcanic substrate that 
are unlikely to support salamanders (USFS 2009c, p. 2). However, 
associated infrastructure from expansion of the El Cajete Mine, such as 
access roads and heavy equipment staging areas, may have the potential 
to be located in potential salamander habitat. Although no decision on 
authorizing the extension to the El Cajete Mine has been made (USFS 
2009. p. 2), these activities would be small in scale and not likely 
considered a threat to the species, either currently or in the future.
Private (Residential) Development
    In our 12-month finding (75 FR 54822; September 9, 2010), we found 
that residential development was a threat to the salamander, because we 
visually assessed salamander occurrences on a map and it appeared that 
private lands contained substantially sized, contiguous areas of 
salamander habitat, with the potential for future development. However, 
after conducting a GIS (Geographical Information System) analysis for 
this rule (see Criteria Used To Identify Critical Habitat, below), we 
found that only 3 percent (2,817 ac (1,140 ha) of the total modeled 
habitat are private lands, of which 719 ac (291 ha) include the 
Pajarito Ski area, where the habitat is already developed and unlikely 
to be suitable for the salamander in the long term (see Recreation, 
below). The remaining areas of private lands occur as noncontiguous 
scattered parcels. However, some private lands, as well as areas with 
salamander habitat on the Santa Fe National Forest, could be developed 
for private use (USFS 1997, pp. 1-4; USFS 1998, pp. 1-2).
    Development can destroy and fragment the salamander's habitat 
through the construction of homes and associated infrastructure (e.g., 
roads, driveways, and buildings), making those areas unusable to 
salamanders and likely resulting in mortalities to salamanders within 
those areas. Furthermore, as the human population continues to increase 
in the Jemez Mountains, we believe development will likely continue to 
directly affect the salamander and its habitat in the future. These 
activities will likely be in the form of new housing and associated 
roads and infrastructure. Although we anticipate some loss and 
degradation of habitat from these activities, salamander habitat on 
private lands is smaller and more isolated than we thought prior to our 
GIS analysis. Moreover, we found very few salamander occurrences on 
private lands. For these reasons, we believe that private residential 
development has the potential to impact the salamander and its habitat, 
but does not constitute a significant threat to the species.
Geothermal Development
    A large volcanic complex in the Jemez Mountains is the only known 
high-temperature geothermal resource in New Mexico (Fleischmann 2006, 
p. 27). Geothermal energy was explored for possible development on the 
VCNP between 1959 and 1983 (USFS 2007, p. 126). In July 1978, the U.S. 
Department of Energy, Union Oil Company of California (Unocal), and the 
Public Service Company of New Mexico began a cooperative geothermal 
energy project (USFS 2007, p. 126). The demonstration project drilled 
20 exploratory wells over the next 4 years. One of the geothermal 
development locations was south of Redondo Peak on the VCNP, and the 
canyon in this area was occupied by the salamander (Sabo 1980, pp. 2-
4). An Environmental Impact Statement analyzed a variety of 
alternatives, including placement of transmission towers and lines 
(U.S. Department of Energy cited in Sabo 1980, pp. 2-5). Nevertheless, 
the project ended in January 1982, because Unocal's predictions 
concerning the size of geothermal resources were not met. Out of the 40 
wells drilled in the Valles Caldera in the Redondo Creek and Sulphur 
Springs areas, only a few yielded sufficient resources to be considered 
production wells (USFS 2007, p. 126). In some cases, these wells were 
drilled in the salamander's habitat and concrete well pads were built.
    Although the geothermal resources are found within the range of the 
salamander in the Jemez Mountains, extraction of large quantities of 
hot fluids from these rocks has proven difficult and not commercially 
viable (USFS 2007, p. 127). As such, we are not aware of any current or 
future plans to construct large or small-scale geothermal power 
production projects within salamander habitat. Moreover, in 2006, the 
mineral rights on the VCNP were condemned, including geothermal 
resources (VallesCaldera.com 2010, p. 1). For these reasons, geothermal 
development does not present a current or future threat to the 
salamander.
Roads, Trails, and Habitat Fragmentation
    Construction of roads and trails has historically eliminated or 
reduced the quality or quantity of salamander habitat, reducing blocks 
of native vegetation to isolated fragments, and creating a matrix of 
native habitat islands that have been altered by varying degrees from 
their natural state. Allen (1989, pp. 46, 54, 163, 216-242, and 302) 
collected and analyzed changes in road networks (railroads, paved 
roads, improved roads, dirt roads, and primitive roads) in the Jemez 
Mountains from 1935 to 1981. Landscape-wide road density increased 
11.75 times, from 0.24 mi (0.38 km) of road per square mi (2.6 square 
km) in 1935, to 2.8 mi (4.5 km) of road per square mi (2.6 square km) 
in 1981, and in surface area of from 0.13 percent (610 ac; 247 ha) to 
1.7 percent (7,739 ac; 3,132 ha) (Allen 1989, pp. 236-240). Allen 
(1989, p. 240) reports that of 5,246 mi (8,443 km) of roads in the 
Jemez Mountains in 1981, 74 percent were mapped on USFS lands (2,241 
mi; 3,607 km) and private lands (1,646 mi; 2,649 km). These roads 
generally indicate past logging activity of USFS and private lands 
(Allen 1989 p. 236).
    Ongoing effects of roads and their construction on the VCNP may 
exceed the effects of the timber harvests for which the roads were 
constructed (Balmat and Kupfer 2004, p. 46). The majority of roads 
within the range of the salamander are unpaved, and the compacted soil 
typically has very low infiltration rates that generate large amounts 
of surface runoff (Robichaud et al. 2010, p. 80). Increasing runoff, 
decreasing infiltration, and increasing edge effects (open areas along 
roads) has led to the drying of adjacent areas of salamander habitat.
    The construction of roads and trails (motorized vehicle, bicycle, 
and foot trails) degrades habitat by compacting soil and eliminating 
interstitial spaces above and below ground. Roads are known to fragment 
terrestrial salamander habitat and act as partial barriers to movement 
(deMaynadier and Hunter 2000, p. 56; Marsh et al. 2005, p. 2004). 
Furthermore, roads and trails reduce or eliminate important habitat 
features (e.g., lowering canopy cover or

[[Page 56494]]

drying of soil) and prevent gene flow (Saunders et al. 1991, p. 25; 
Burkey 1995, pp. 527, 528; Frankham et al. 2002, p. 310; Noss et al. 
2006, p. 219). Vehicular and off-highway vehicle (OHV) use of roads and 
trails can kill or injure salamanders. We consider the establishment of 
roads and trails to be a threat that will likely continue to impact the 
salamander and its habitat, increasing the risk of extirpation of some 
localities.
    Road clearing and maintenance activities can also cause localized 
adverse impacts to the salamander from scraping and widening roads and 
shoulders or maintaining drainage ditches or replacing culverts. These 
activities may kill or injure individuals through crushing by heavy 
equipment. Existing and newly constructed roads or trails fragment 
habitat, increasing the chances of extirpation of isolated populations, 
especially when movement between suitable habitat is not possible 
(Burkey 1995, p. 540; Frankham et al. 2002, p. 314). Isolated 
populations or patches are vulnerable to random events, which could 
easily destroy part of or an entire isolated population, or decrease a 
locality to such a low number of individuals that the risk of 
extirpation from human disturbance, natural catastrophic events, or 
genetic and demographic problems (e.g., loss of genetic diversity, 
uneven male to female ratios) would increase greatly (Shaffer 1987, p. 
71; Burkey 1995, pp. 527, 528; Frankham et al. 2002, pp. 310-324).
    Terrestrial salamanders are impacted by edge effects, typically 
adjacent to roads and areas of timber harvest, because microclimate 
conditions within forest edges often exhibit higher air and soil 
temperatures, lower soil moisture, and lower humidity, compared to 
interior forested areas (Moseley et al. 2009, p. 426). Moreover, by 
creating edge effects, roads can reduce the quality of adjacent habitat 
by increasing light and wind penetration, exposure to pollutants, and 
the spread of invasive species (Marsh et al. 2005, pp. 2004-2005). Due 
to the physiological nature of terrestrial salamanders, they are 
sensitive to these types of microclimate alterations, particularly to 
changes to temperature and moisture (Moseley et al. 2009, p. 426). 
Generally, more salamanders are observed with increasing distance from 
some edge types, which is attributed to reduced moisture and 
microhabitat quality (Moseley et al. 2009, p. 426).
    On the western part of the species' range, road construction on New 
Mexico State Highway 126 around the town of Seven Springs occurred in 
occupied salamander habitat in 2007 and 2008. Measures were implemented 
by the USFS to reduce the impact of these road construction activities 
on salamanders, including limiting construction to times when 
salamanders would not be active above ground (October through June) and 
felling of approximately 300 trees in the project area to replace large 
woody debris that was being used by the salamander but removed by the 
road construction. However, these measures only offered some protection 
for salamanders and their habitat outside the project footprint. The 
rerouting and construction of Highway 126 went through the middle of a 
large salamander population where 24 ac (9.7 ha) of salamander habitat 
were directly impacted by this project (USFS 2009c, p. 2). This project 
destroyed and made unusable the 24 ac (9.7 ha). Also, the project 
fragmented the occupied salamander habitat remaining outside of the 24-
ac (9.7-ha) footprint, because the new road has a nearly vertical cut 
bank and salamanders will not be able to cross it. Continued 
maintenance of State Highway 126 in the future will likely involve the 
use of salts for road de-icing, and increase the exposure of adjacent 
areas to chemicals and pollution from vehicular traffic. Habitat 
fragmentation of and subsequent edge effects due to this road 
construction project have reduced the quality and quantity of 
salamander habitat in this part of its range.
    In 2007, the NMEST concluded that impacts from OHVs and motorcycles 
were variable depending on their location relative to the salamander's 
habitat. Because the width of a trail is generally smaller than a road, 
canopy cover typically remains over trails. In some cases (e.g., flat 
areas without deeply cut erosion), the trails do not likely impede 
salamander movement. Alternatively, severe erosion caused by heavy 
trail use by motorcycles or OHVs in some places formed trenches 
approximately 2 ft wide by 2 to 3 ft deep (0.6 m wide by 0.6 to 0.9 m 
deep), which would likely prevent salamander movement, fragment local 
populations, and trap salamanders that fall into the trenches. 
Therefore, OHVs and motorcycles could severely impact the salamander's 
habitat.
    On November 9, 2005, the USFS issued the Travel Management Rule 
that requires designation of a system of roads, trails, and areas for 
motor vehicle use by vehicle class and, if appropriate, by time of year 
(70 FR 68264). As part of this effort, the USFS inventoried and mapped 
roads and motorized trails, and is currently completing a Final 
Environmental Impact Statement to change the usage of some of the 
current system within the range of the salamander. The Santa Fe 
National Forest is attempting to minimize the amount of authorized 
roads or trails in known occupied salamander habitat and will likely 
prohibit the majority of motorized cross-country travel within the 
range of the species (USFS 2009c, p. 2; USFS 2010c p. 95). 
Nevertheless, by closing some areas to OHV use, the magnitude of 
impacts in areas open to OHV use in salamander habitat will be greater 
(NMEST 2008, p. 2). We acknowledge that some individual salamanders may 
be killed or injured by vehicles and OHVs and that OHV use impacts 
salamander habitat. However, we believe the Santa Fe National Forest is 
attempting to minimize impacts to the salamander and its habitat. 
Furthermore, we believe that the revised travel management regulations 
will reduce the impact of motorized vehicles on the salamander and its 
habitat by providing a consistent policy that can be applied to all 
classes of motor vehicles, including OHVs. We consider unmanaged OHV 
and motorcycle use to be a threat to the salamander, but with the 
implementation of the forthcoming management of motorized trails on the 
Santa Fe National Forest, the threat will be greatly reduced.
    In summary, the extensive roads that currently exist in the Jemez 
Mountains have significantly impacted the salamander and its habitat 
due to the possible death and injury of salamanders; fragmentation and 
population isolation; habitat loss; habitat modification near road 
edges; and in some cases, increased exposure to chemicals, salts, and 
pollution. Roads associated with private development are most likely to 
be constructed or expanded in the future in the southern and eastern 
portions of the species' range, because this part of the species' range 
has the most private land. Also, new roads may also be constructed 
through Federal lands within the salamander's range, but such 
construction is unlikely because the Santa Fe National Forest is 
attempting to reduce roads and road usage in the Jemez Mountains. Roads 
and trails have significantly fragmented habitat and likely reduced 
persistence of existing salamander localities. Therefore, we consider 
roads, trails, and the resulting habitat fragmentation to be a threat 
to the Jemez Mountains salamander and its habitat now and in the 
future.
Recreation
    The Jemez Mountains are heavily used for recreational activities 
that impact the species, including camping, hiking, mountain biking, 
hunting, and

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skiing; OHV use is addressed above. Located in the southwestern Jemez 
Mountains is the Jemez National Recreation Area. The Jemez National 
Recreation Area comprises 57,650 acres (23,330 ha), and is managed by 
the U.S. Forest Service for the promotion of fishing, camping, rock 
climbing, hunting, and hiking. It is estimated that nearly 1.6 million 
people visit the Jemez National Recreation Area for recreational 
opportunities each year (Jemez National Recreation Area 2002, p. 2). 
Despite an existing average road density of approximately 2.5 mi (4.0 
km) of road per square mi (2.6 square km) on the Jemez National 
Recreation Area, off-road use continues to occur, resulting in new 
roads being created, or decommissioned roads being reopened (Jemez 
National Recreation Area 2002, pp. 10-11).
    Using current population and travel trends, the potential 
visitation demand on the VCNP is between 250,000 and 400,000 visits per 
year (Entrix 2009, p. 93). Of this projection, the VCNP is expected to 
realize 120,000 visitors per year by the year 2020 (Entrix 2009, p. 
94). To put this in context, from 2002 to 2007 the VCNP averaged about 
7,600 visitors per year (Entrix 2009, p. 13). Bandelier National 
Monument, which has a smaller proportion of salamander habitat relative 
to the Santa Fe National Forest or VCNP, attracts an average annual 
visitation of more than 250,000 people (Entrix 2009, p. 92). Fenton 
Lake State Park in the western part of the species' range also contains 
salamander habitat. The park received more than 120,000 visitors on its 
70 ac (28 ha) containing hiking trails and a fishing lake (Entrix 2009, 
p. 92).
    Campgrounds and associated parking lots and structures have likely 
impacted the salamander's habitat through modification of small areas 
by soil compaction and vegetation removal. Similarly, compaction of 
soil from hiking or mountain biking trails has modified a relatively 
small amount of habitat. The majority of these trails likely do not act 
as barriers to movement nor create edge effects similar to roads, 
because they are narrow and do not reduce canopy cover. However, 
similar to OHV trails, deeply eroded mountain bike trails could act as 
barriers and entrap salamanders.
    The Pajarito Ski Area in Los Alamos County was established in 1957 
and expanded through 1994. Ski runs were constructed within salamander 
habitat. A significant amount of high-quality habitat (north-facing 
mountain slopes with mixed-conifer forests and many salamander 
observations (New Mexico Heritage Program 2010a and b, spreadsheets) 
was destroyed with construction of the ski areas, and the runs and 
roads have fragmented and created a high proportion of edge areas. 
Nevertheless, surveys conducted in 2001 in two small patches of 
forested areas between ski runs detected salamanders (Cummer et al. 
2001, pp. 1, 2). Most areas between runs remain unsurveyed. However, 
because of the large amount of habitat destroyed, the extremely small 
patch sizes that remain, and relatively high degree of edge effects and 
fragmentation, the salamander will likely not persist in these areas in 
the long term.
    Adjacent to the downhill ski runs are cross country ski trails. 
These trails are on USFS land, but maintained by a private group. In 
2001, trail maintenance and construction with a bulldozer was conducted 
by the group in salamander habitat during salamander aboveground 
activity period (NMEST 2001, p. 1). Trail maintenance was reported as 
leveling all existing ski trails with a bulldozer, which involved 
substantial soil disturbance, cutting into slopes as much as 2 ft (0.6 
m), filling other areas in excess of 2 ft (0.6 m), widening trails, and 
downing some large trees (greater than 10 in (25 cm) dbh), ultimately 
disturbing approximately 2 to 5 ac (1 to 2 ha) of occupied salamander 
habitat (Sangre de Christo Audubon Society 2001, pp. 2-3). This type of 
trail maintenance, while salamanders were active above ground, may have 
resulted in direct impacts to salamanders, and further fragmented and 
dried habitat. We do not know if there are future plans to modify or 
expand the existing ski area.
    The Jemez Mountains are currently heavily used for recreational 
activities, and, as human populations in New Mexico continue to expand, 
there will likely be an increased demand in the future for recreational 
opportunities in the Jemez Mountains. Therefore, we conclude that 
recreational activities are currently a threat to the salamander, and 
will continue to be a threat in the future.
Livestock Grazing
    Historical livestock grazing contributed to changes in the Jemez 
Mountains ecosystem by removing understory grasses, contributing to 
altered fire regimes and vegetation composition and structure, and 
increasing soil erosion. Livestock grazing generally does not occur 
within salamander habitat, because cattle concentrate outside of 
forested areas where grass and water are more abundant. We have no 
information that indicates livestock grazing is a direct or indirect 
threat to the salamander or its habitat. However, small-scale habitat 
modification, such as livestock trail establishment or trampling in 
occupied salamander habitat, is possible. The USFS and VCNP manage 
livestock to maintain fine grassy fuels, and should not limit low-
intensity fires in the future. Although some small-scale habitat 
modification is possible, livestock are managed to maintain a grassy 
forest understory. Therefore, we do not consider livestock grazing to 
be a current threat to the salamander's habitat, nor do we anticipate 
that it will be in the future.
Summary
    In summary of Factor A, the salamander and its habitat experience 
threats from historical and current fire management practices; severe 
wildland fire; forest composition and structure conversions; post-fire 
rehabilitation; forest management (including silvicultural practices); 
roads, trails, and habitat fragmentation; and recreation. Because these 
threats warm and dry habitat, they affect all behavioral and 
physiological functions of the species, and ultimately reduce the 
survivorship and reproductive success of salamanders across the entire 
range of the species, greatly impacting the salamander and its habitat. 
Further, these significant threats are occurring now and are expected 
to continue in the future. We, therefore, determine that the present or 
threatened destruction, modification, or curtailment of habitat and 
range represents a current significant threat to the salamander, and 
will continue to be so in the future.

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

    Between 1960 and 1999, nearly 1,000 salamanders were collected from 
the wild for scientific or educational purposes (Painter 1999, p. 1). 
The majority (738 salamanders) were collected between 1960 and 1979 
(Painter 1999, p. 1). Since 1999, very few salamanders have been 
collected, and all were collected under a valid permit, issued by 
either NMDGF or USFS. This species is difficult to maintain in 
captivity, and we know of no salamanders in the pet trade or in 
captivity for educational or scientific purposes.
    In 1967, salamanders were only known from seven localities (Reagan 
1967, p. 13). Only one of these localities (the ``Type Locality'') was 
described as having an ``abundant salamander population'' (Reagan 1967, 
p. 8). The species was originally described using specimens collected 
from this

[[Page 56496]]

population, which is located the southern portion of the species' range 
(Stebbins and Reimer 1950, pp. 73-80). Many researchers went to this 
site for collections and studies. Reagan (1967, p. 11) collected 165 
salamanders from this locality between 1965 and 1967, whereas Williams 
collected an additional 67 of 659 salamanders found at this locality in 
1970 (1972, p. 11). The information regarding the disposition of the 
659 salamanders in this study is unclear, and it is possible more of 
these individuals were collected. Nonetheless, an unspecified but 
``large percentage'' of the nearly 1,000 collected salamanders was 
reported from the ``Type Locality'' (Painter 1999, p.1) and was 
deposited as museum specimens around the country. Although surveys have 
been conducted at this locality since the 1990s, no salamanders have 
been found, suggesting that salamanders in the area may have been 
extirpated from overcollection. We are not aware of any other 
localities where the species has been extirpated from overcollection. 
Nevertheless, it is possible that repeated collections of individuals 
can lead to extirpation. We believe this is no longer a threat, because 
collections are stringently regulated through permits issued by NMDGF 
and the USFS (see Factor D, below). Due to these measures, we do not 
believe that collection will be a threat in the future.
    Survey techniques associated with scientific inquiries and 
monitoring the salamander can alter salamander habitat by disturbing 
and drying the areas underneath the objects that provide cover, and by 
destroying decaying logs as a result of searching inside them. 
Beginning in 2011, the Service, NMDGF, and other partners are hosting 
annual training workshops to train surveyors on techniques that will 
minimize adverse effects to salamanders and their habitat, including 
replacing cover objects as they were found and leaving part of every 
log intact; however, impacts will still occur. When surveys are 
dispersed and there are multiple intervening years, impacts are likely 
lessened; however, when a location is repeatedly surveyed, habitat 
quality is diminished. We are aware of a few locations that have 
received impacts from repeated surveys for demographic studies 
conducted by NMDGF, but those studies have since concluded (NMDGF 2000, 
p. 1). We are currently working with the NMDGF, the USFS, and other 
partners on a survey protocol testing the efficacy of artificial cover 
objects to further minimize impacts to the salamander and its habitat.
    We do not have any recent evidence of threats to the salamander 
from overutilization for commercial, recreational, scientific, or 
educational purposes, and we have no reason to believe this factor will 
become a threat to the species in the future. Therefore, based on a 
review of the available information, we do not consider overutilization 
for commercial, recreational, scientific, or educational purposes to be 
a threat to the salamander now or in the future.

C. Disease or Predation

    The amphibian pathogenic fungus Batrachochytrium dendrobatidis (Bd) 
was found in a wild-caught Jemez Mountains salamander in 2003 on the 
east side of the species' range and again in another Jemez Mountains 
salamander in 2010 on the west side of the species' range (Cummer et 
al. 2005, p. 248; Pisces Molecular 2010, p. 3). Batrachochytrium 
dendrobatidis causes the disease chytridiomycosis, whereby the Bd 
fungus attacks keratin in amphibians. In adult amphibians, keratin 
primarily occurs in the skin. The symptoms of chytridiomycosis can 
include sloughing of skin, lethargy, morbidity, and death. 
Chytridiomycosis has been linked with worldwide amphibian declines, 
die-offs, and extinctions, possibly in association with climate change 
(Pounds et al. 2006, p. 161).
    In New Mexico, Bd has caused significant population declines and 
local extirpations in the federally threatened Chiricahua leopard frog 
(Lithobates chiricahuensis) (USFWS 2007, p. 14). It is also implicated 
in the decline of other leopard frogs and the disappearance of the 
boreal toad (Bufo boreas) from the State (NMDGF 2006, p. 13). Prior to 
the detection of Bd in the Jemez Mountains salamander, Bd was 
considered an aquatic pathogen (Longcore et al. 1999, p. 221; Cummer et 
al. 2005, p. 248). The salamander does not have an aquatic life stage 
and is strictly terrestrial; thus the mode of transmission of Bd 
remains unknown. It is possible that the fungus was transported by 
other amphibian species that utilize the same terrestrial habitat. Both 
the tiger salamander (Ambystoma tigrinum) and the boreal chorus frog 
(Pseudacris maculata) are amphibians that have aquatic life stages and 
share terrestrial habitat with the Jemez Mountains salamander. In 
California, Bd has been present in wild populations of another strictly 
terrestrial salamander since 1973, without apparent population declines 
(Weinstein 2009, p. 653).
    Cummer (2006, p. 2) reported that noninvasive skin swabs from 66 
Jemez Mountains salamanders, 14 boreal chorus frogs, and 24 tiger 
salamanders from the Jemez Mountains were all negative for Bd. 
Approximately 30 additional Jemez Mountains salamanders have been 
tested through 2010, resulting in the second observation of Bd in the 
salamander. Overall, sampling for Bd from Jemez Mountains salamanders 
has been limited and only observed on two salamanders. The observation 
of Bd in the salamander indicates that the species is exposed to the 
pathogen and could acquire infection; however, whether the salamander 
will get or is susceptible to chytridiomycosis remains unknown. 
Although Bd can be highly infectious and can lead to disease and death, 
the pathogenicity of Bd and amphibians varies greatly among and within 
amphibian species.
    Bd may be a threat to the Jemez Mountains salamander, because we 
know that this disease is a threat to many other species of amphibians, 
and the pathogen has been detected in the salamander. Currently, there 
is a lack of sufficient sampling to definitely conclude that Bd is a 
threat, but the best available information indicates that it could be a 
threat, and additional sampling and studies are needed. We intend to 
continue monitoring for the prevalence of Bd in the salamander to 
determine if disease rises to a level of a threat to the salamander now 
or in the future, and we request information on any potential threat 
posed by disease to the Jemez Mountains salamander.
    Indirect effects from livestock activities may include the risk of 
aquatic disease transmission from earthen stock ponds that create areas 
of standing surface water. Earthen stock tanks are often utilized by 
tiger salamanders, which are known to be vectors for disease (i.e., 
they can carry and spread disease) (Davidson et al. 2003, pp. 601-607). 
Earthen stock tanks can also concentrate tiger salamanders, increasing 
chances of disease dispersal to other amphibian species. Some tiger 
salamanders use adjacent upland areas and may transmit disease to Jemez 
Mountains salamanders in areas where they co-occur. However, we do not 
have enough information to draw conclusions on the extent or role tiger 
salamanders may play in disease transmission. The connection between 
earthen stock tanks for livestock and aquatic disease transmission to 
Jemez Mountains salamanders is unclear.
    We are not aware of any unusual predation outside of what may 
normally occur to the species by predators such as snakes (Squamata), 
shrews (Soricidae), skunks (Mephitidae), black

[[Page 56497]]

bears (Ursus americanus), and owls (Strigiformes).
    In summary, we have no information indicating that predation is a 
threat to the Jemez Mountains salamander now or in the future. Also, 
the best available information does not indicate that disease is a 
threat to the salamander's continued existence now, but it could be a 
threat in the future. However, additional sampling and studies are 
needed.

D. The Inadequacy of Existing Regulatory Mechanisms

State Regulations
    New Mexico State law provides some protection to the salamander. 
The salamander was reclassified by the State of New Mexico from 
threatened to endangered in 2005 (NMDGF 2005, p. 2). This designation 
provides protection under the New Mexico Wildlife Conservation Act of 
1974 (i.e., State Endangered Species Act) (19 NMAC 33.6.8) by 
prohibiting direct take of the species without a permit issued from the 
State. The New Mexico Wildlife Conservation Act defines ``take'' or 
``taking'' as harass, hunt, capture, or kill any wildlife or attempt to 
do so (17 NMAC 17.2.38). In other words, New Mexico's classification as 
an endangered species only conveys protection from collection or harm 
to the animals themselves without a permit. New Mexico's statutes are 
not designed to address habitat protection, indirect effects, or other 
threats to these species, and one of the primary threats to the 
salamander is the loss, degradation, and fragmentation of habitat, as 
discussed in Factor A. There is no provision for formal consultation 
process to address the habitat requirements of the species or how a 
proposed action may affect the needs of the species. Because most of 
the threats to the species are from effects to habitat, protecting 
individuals, without addressing habitat threats, will not ensure the 
salamander's long-term conservation and survival.
    Although the New Mexico State statutes require the NMDGF to develop 
a recovery plan that will restore and maintain habitat for the species, 
the Jemez Mountains salamander does not have a finalized recovery plan. 
The Wildlife Conservation Act (N.M. Stat. Ann. Sec. Sec.  17-2-37-46 
(1995)) states that, to the extent practicable, recovery plans shall be 
developed for species listed by the State as threatened or endangered. 
While the species does not have a finalized recovery plan, NMDGF has 
the authority to consider and recommend actions to mitigate potential 
adverse effects to the salamander during its review of development 
proposals. However, there is no requirement to follow the State's 
recommendations, as was demonstrated during the construction and 
realignment of Highway 126, when NMDGF made recommendations to limit 
impacts to the salamander and its habitat, but none of the measures 
recommended were incorporated into the project design (New Mexico Game 
Commission 2006, pp. 12-13) (see A. Present or Threatened Destruction, 
Modification, or Curtailment of the Species' Habitat or Range section, 
above).
Federal Regulations
    Under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) and the National Forest Management Act of 1976 (16 U.S.C. 
1600 et seq.), the USFS is directed to prepare programmatic-level 
management plans to guide long-term resource management decisions. 
Under this direction, the salamander has been on the Regional 
Forester's Sensitive Species List since 1990 (USFS 1990). The Regional 
Forester's Sensitive Species List policy is applied to projects 
implemented under the 1982 National Forest Management Act Planning Rule 
(49 FR 43026, September 30, 1982). All existing plans continue to 
operate under the 1982 Planning Rule and all of its associated 
implementing regulations and policies.
    The intent of the Regional Forester's sensitive species designation 
is to provide a proactive approach to conserving species, to prevent a 
trend toward listing under the Act, and to ensure the continued 
existence of viable, well-distributed populations. The USFS policy (FSM 
2670.3) states that Biological Evaluations must be completed for 
sensitive species and signed by a journey-level biologist or botanist. 
The Santa Fe National Forest will continue developing biological 
evaluation reports and conducting analyses under the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) for each project that 
will affect the salamander or its habitat. As noted above, the Santa Fe 
National Forest may implement treatments under the Collaborative Forest 
Landscape Restoration project that, if funded and effective, have the 
potential to reduce the threat of severe wildland fire in the southern 
and western part of the salamander's range over the next 10 years (USFS 
2009c, p. 2). At this time, matching funding for the full 
implementation of the project is not certain, nor is it likely to 
address short-term risk of severe wildland fire. While the Regional 
Forester's sensitive species designation provides for consideration of 
the salamander during planning of activities, it does not preclude 
activities that may harm salamanders or their habitats on the Santa Fe 
National Forest.
    In summary, while New Mexico Wildlife Conservation Act provides 
some protections for the salamander, specifically against take, it is 
not designed nor intended to protect the salamander's habitat, and one 
of the primary threats to the salamander is the loss, degradation, and 
fragmentation of habitat. Further, while NMDGF has the authority to 
consider and recommend actions to mitigate potential adverse effects to 
the salamander during review of development proposals, there is no 
requirement to follow these recommendations. With respect to Federal 
protections, the salamander has been on the Regional Forester's 
Sensitive Species List since 1990 (USFS 1990), but while this 
designation provides for consideration of the salamander during 
planning of activities, it does not prevent activities that may harm 
salamanders or their habitats on the Santa Fe National Forest.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Chemical Use
    There is a potential for the salamander to be impacted by chemical 
use. Chemicals are used to suppress wildfire and for noxious weed 
control. Because the salamander has permeable skin, and breathes and 
carries out physiological functions with its skin, it may be 
susceptible if it comes in contact with fire retardants or herbicides. 
Many of these chemicals have not been assessed for effects to 
amphibians, and none have been assessed for effects to terrestrial 
amphibians. We do not currently have information that chemical use is a 
threat to the salamander. We request information on any potential 
threat posed by chemicals to the Jemez Mountains salamander.
    Prior to 2006 (71 FR 42797; July 28, 2006), fire retardant used by 
the USFS contained sodium ferrocyanide, which is highly toxic to fish 
and amphibians (Pilliod et al. 2003, p. 175). In 2000, fire retardant 
was used in salamander habitat for the Cerro Grande Fire, but we have 
no information on the quantity or location of its use (USFS 2001, p. 
1). While sodium ferrocyanide is no longer used by USFS to suppress 
wildfire, similar retardants and foams may still contain ingredients 
that are toxic to the salamander. Beginning in 2010, the USFS will 
begin phasing out the use of ammonium sulfate because of its toxicity 
to fish and replacing it with

[[Page 56498]]

ammonium phosphate (USFS 2009e, p. 1), which still may have adverse 
effects to the salamander. One of the ingredients of ammonium phosphate 
(a type of salt) appeared to have the greatest likelihood of adverse 
effects to terrestrial species assessed (birds and mammals) through 
ingestion (USFS/LABAT Environmental 2007, pp. 24-27), and in 
amphibians, salts can disrupt osmoregulation (regulation of proper 
water balance and osmotic or fluid pressure within tissues and cells). 
We do not currently have information that the chemicals in fire 
retardants or foams are a threat to the salamander. However, we will 
continue to evaluate whether these chemicals may be a threat to this 
species, and we request information on any potential threat posed by 
fire retardant chemicals to the Jemez Mountains salamander.
    The USFS is in the process of completing an Environmental Impact 
Statement regarding the use of herbicides to manage noxious or invasive 
plants (Orr 2010, p. 2). Chemicals that could be used include 2,4,D; 
Clopyralid; Chorsulfuron; Dicamba; Glyphosate; Hexazinone; Imazapic; 
Imazapyr; Metasulfuron Methyl; Sulfometuron Methyl; Picloram; and 
Triclopyr (Orr 2010, p. 2). We reviewed the ecological risk assessments 
for these chemicals at http://www.fs.fed.us/foresthealth/pesticide/risk.shtml, but found few studies and data relative to amphibians. We 
found a single study for Sulfometuron Methyl conducted on the African 
clawed frog (Xenopus laevis) (an aquatic frog not native to the United 
States). This study resulted in alterations in limb and organ 
development and metamorphosis (Klotzbach and Durkin 2004, pp. 4-6, 4-
7). The use of chemicals listed above by hand-held spot treatments or 
road-side spraying (Orr 2010, p. 2) in occupied salamander habitat 
could result in impacts to the salamander. Because of the lack of 
toxicological studies of these chemicals, we do not have information 
indicating that these chemicals pose a threat to the salamander. 
However, we will continue to evaluate whether these chemicals are a 
threat to the salamander, and we request information on any effects 
these chemicals may have on the Jemez Mountains salamander.
Climate Change
    Our analyses under the Endangered Species Act include consideration 
of ongoing and projected changes in climate. The terms ``climate'' and 
``climate change'' are defined by the Intergovernmental Panel on 
Climate Change (IPCC). ``Climate'' refers to the mean and variability 
of different types of weather conditions over time, with 30 years being 
a typical period for such measurements, although shorter or longer 
periods also may be used (IPCC 2007, p. 78). The term ``climate 
change'' thus refers to a change in the mean or variability of one or 
more measures of climate (e.g., temperature or precipitation) that 
persists for an extended period, typically decades or longer, whether 
the change is due to natural variability, human activity, or both (IPCC 
2007, p. 78). Various types of changes in climate can have direct or 
indirect effects on species. These effects may be positive, neutral, or 
negative and they may change over time, depending on the species and 
other relevant considerations, such as the effects of interactions of 
climate with other variables (e.g., habitat fragmentation) (IPCC 2007, 
pp. 8-14, 18-19). In our analyses, we use our expert judgment to weigh 
relevant information, including uncertainty, in our consideration of 
various aspects of climate change.
    Habitat drying affects salamander physiology, behavior, and 
viability; will affect the occurrence of natural events such as fire, 
drought, and forest die-off; and will increase the risk of disease and 
infection. Trends in climate change and drought conditions have 
contributed to temperature increases in the Jemez Mountains, with a 
corresponding decrease in precipitation. Because the salamander is 
terrestrial, constrained in range, and isolated to the higher 
elevations of the Jemez Mountains, continued temperature increases and 
precipitation decreases could threaten the viability of the species 
over its entire range.
    Climate simulations of Palmer Drought Severity Index (PSDI) (a 
calculation of the cumulative effects of precipitation and temperature 
on surface moisture balance) for the Southwest for the periods of 2006-
2030 and 2035-2060 show an increase in drought severity with surface 
warming. Additionally, drought still increases during wetter 
simulations because of the effect of heat-related moisture loss 
(Hoerling and Eicheid 2007, p. 19). Annual average precipitation is 
likely to decrease in the Southwest as well as the length of snow 
season and snow depth (International Panel on Climate Change (IPCC) 
2007b, p. 887). Most models project a widespread decrease in snow depth 
in the Rocky Mountains and earlier snowmelt (IPCC 2007b, p. 891). 
Exactly how climate change will affect precipitation is less certain, 
because precipitation predictions are based on continental-scale 
general circulation models that do not yet account for land use and 
land cover change effects on climate or regional phenomena. Consistent 
with recent observations in climate changes, the outlook presented for 
the Southwest and New Mexico predict warmer, drier, drought-like 
conditions (Seager et al. 2007, p. 1181; Hoerling and Eischeid 2007, p. 
19).
    McKenzie et al. (2004, p. 893) suggest, based on models, that the 
length of the fire season will likely increase further and that fires 
in the western United States will be more frequent and more severe. In 
particular, they found that fire in New Mexico appears to be acutely 
sensitive to summer climate and temperature changes and may respond 
dramatically to climate warming.
    Plethodontid salamanders have a low metabolic rate and relatively 
large energy stores (in tails) that provide the potential to survive 
long periods between unpredictable bouts of feeding (Feder 1983, p. 
291). Despite these specializations, terrestrial salamanders must have 
sufficient opportunities to forage and build energy reserves for use 
during periods of inactivity. As salamander habitat warms and dries, 
the quality and quantity of habitat decreases along with the amount of 
time that salamanders could be active above ground. Wiltenmuth (1997, 
pp. ii-122) concluded that the Jemez Mountains salamanders likely 
persist by utilizing moist microhabitats and they may be near their 
physiological limits relative to water balance and moist skin. During 
field evaluations, the species appeared to be in a dehydrated state. If 
the species has difficulty maintaining adequate skin moisture (e.g., 
see Wiltenmuth 1997, pp. ii-122), it will likely spend less time being 
active. As a result, energy storage, reproduction, and long-term 
persistence would be reduced.
    Wiltenmuth (1997, p. 77) reported rates of dehydration and 
rehydration were greatest for the Jemez Mountains salamander compared 
to the other salamanders, and suggested greater skin permeability. 
While the adaptation to relatively quickly rehydrate and dehydrate may 
allow the salamander to more quickly rehydrate when moisture becomes 
available, it may also make it more susceptible and less resistant to 
longer dry times because it also quickly dehydrates. Dehydration 
affects the salamander by increasing heart rate, oxygen consumption, 
and metabolic rate (Whitford 1968, p. 249), thus increasing energy 
demand, limiting movements (Wiltenmuth 1997, p. 77), increasing 
concentration and storage of waste products (Duellman and Trueb 1986, 
p. 207), decreasing burst locomotion (stride length, stride frequency, 
and speed) (Wiltenmuth 1997, p. 45), and sometimes causing death. 
Moisture-

[[Page 56499]]

stressed salamanders prioritize hydration over all else, thereby 
reducing salamander survival and persistence. Additional impacts from 
dehydration could include increased predation because burst locomotion 
is impaired (which reduces ability to escape) and increased 
susceptibility to pathogens resulting from depressed immunity from 
physiological stress of dehydration. Any of these factors, alone or in 
combination, could lead either to the reduction or extirpation of 
salamander localities, especially in combination with the threats of 
habitat-altering activities, as discussed under Factor A.
    The IPCC (2007, pp. 12, 13) predicts that changes in the global 
climate system during the 21st century will very likely be larger than 
those observed during the 20th century. For the next 2 decades, a 
warming of about 0.4 degrees Fahrenheit ([deg]F) (0.2 degrees Celsius 
([deg]C)) (per decade is projected (IPCC 2007, p. 12). The Nature 
Conservancy of New Mexico analyzed recent changes in New Mexico's 
climate. Parts I and II of a three-part series have been completed. In 
Part I, the time period 1961-1990 was used as the reference condition 
for analysis of recent departures (1991-2005; 2000-2005). This time 
period is consistent with the baseline used by National Oceanic and 
Atmospheric Administration and the IPCC for presenting 20th-century 
climate anomalies and generating future projections (Enquist and Gori 
2008, p. 9). In Part II, trends in climate water deficit (an indicator 
of biological moisture stress, or drying), snowpack, and timing of peak 
stream flows were assessed for the period of 1970-2006 (Enquist et al. 
2008, p. iv). The Nature Conservancy of New Mexico concludes the 
following regarding climate conditions in New Mexico and the Jemez 
Mountains:
    (1) Over 95 percent of New Mexico has experienced mean temperature 
increases; warming has been greatest in the Jemez Mountains (Enquist 
and Gori 2008, p. 16).
    (2) Ninety-three percent of New Mexico's watersheds experienced 
increasing annual trends in moisture stress during 1970-2006, that is, 
they have become relatively drier (Enquist et al. 2008, p. iv).
    (3) Snowpack has declined in 98 percent of sites analyzed in New 
Mexico; the Jemez Mountains has experienced significant declines in 
snowpack (Enquist et al. 2008, p. iv).
    (4) In the period 1980-2006, the timing of peak run-off from 
snowmelt occurred 2 days earlier than in the 1951-1980 period (Enquist 
et al. 2008, pp. 9, 25).
    (5) The Jemez Mountains have experienced warmer and drier 
conditions during the 1991-2005 time period (Enquist and Gori 2008, pp. 
16, 17, 23).
    (6) The Jemez Mountains ranked highest of 248 sites analyzed in New 
Mexico in
    climate exposure--a measure of average temperature and average 
precipitation departures (Enquist and Gori 2008, pp. 10, 22, 51-58).
    Although the extent of warming likely to occur is not known with 
certainty at this time, the IPCC (2007a, p. 5) has concluded that the 
summer season will experience the greatest increase in warming in the 
Southwest (IPCC 2007b, p. 887). Temperature has strong effects on 
amphibian immune systems and may be an important factor influencing 
susceptibility of amphibians to pathogens (e.g., see Raffel et al. 
2006, p. 819); thus increases in temperature in the Jemez Mountains 
have the potential to increase the salamander's susceptibility to 
disease and pathogens. As noted, we have no information that indicates 
disease is a threat to the species, but we intend to evaluate this 
issue further.
Climate Change Summary
    In summary, we find that current and future effects from warmer 
climate conditions in the Jemez Mountains could reduce the amount of 
suitable salamander habitat, reduce the time period when the species 
can be active above ground, and increase the moisture demands and 
subsequent physiological stress on salamanders. Warming and drying 
trends in the Jemez Mountains currently are threats to the species, and 
these threats are projected to continue into the future.

Proposed Listing Determination

    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the Jemez Mountains salamander. Habitat loss, degradation, and 
modification through the interrelated effects from severe wildland 
fire, historical and current fire management practices, forest 
composition and structure conversions, and climate change have impacted 
the salamander by curtailing its range and affecting its behavioral and 
physiological functions. Because the salamander has highly permeable 
skin used for breathing and gas exchange, it must stay moist at all 
times or it will die. Salamanders have little control in maintaining 
water balance except through behaviorally changing where they are in 
the environment, seeking high-moisture areas to hydrate and avoiding 
warm, dry areas where they would otherwise dehydrate. Warmer 
temperatures increase water use and dehydration, as well as increase 
metabolic processes, which then in turn require additional energy for 
the salamander. This life-history trait renders hydration maintenance 
above all other life functions.
    Therefore, any action or factor that warms and dries its habitat 
adversely affects the salamander and its ability to carry out normal 
behavior (foraging and reproduction). Furthermore, historical 
silvicultural practices removed most of the large-diameter Douglas fir 
trees from the Jemez Mountains, and this change affects the salamander 
now and will continue to do so in the future, because a lack of these 
trees results in a lack of the highest quality cover objects available 
to salamanders now and in the future. It has been shown for other 
related plethodontid salamanders that these types of cover objects were 
an important component in providing resiliency from the effects of 
factors that warm and dry habitat, such as climate change (See Factor 
A).
    On the basis of this information, we find that the threats to the 
salamander most significantly result from habitat loss, degradation, 
and modification, including severe wildland fire, but also alterations 
to habitat of varying magnitude from fire suppression, forest 
composition and structure conversions, post-fire rehabilitation, forest 
and fire management, roads, trails, habitat fragmentation, and 
recreation (see Factor A). Some of these threats may be exacerbated by 
the current and projected effects of climate change, and we have 
determined that the current and projected effects from climate change 
are a direct threat to the salamander. The loss of one of the largest 
known populations, the documented modification of the habitat from a 
variety of factors, and the cascading behavioral and physiological 
effects from these alterations places this species at great risk of 
extinction.
    The Act defines an endangered species as any species that is ``in 
danger of extinction throughout all or a significant portion of its 
range'' and a threatened species as any species ``that is likely to 
become endangered throughout all or a significant portion of its range 
within the foreseeable future.'' We find that the Jemez Mountains 
salamander is presently in danger of extinction throughout all of its 
range based on the severity of threats currently impacting the 
salamander. The threats are both current and expected to continue in 
the future, and

[[Page 56500]]

are significant in that they limit all behavioral and physiological 
functions, including living, breathing, feeding, and reproduction and 
reproductive success, and extend across the entire range of the 
species. Therefore, on the basis of the best available scientific and 
commercial information, we propose listing the Jemez Mountains 
salamander as an endangered species, in accordance with sections 3(6) 
and 4(a)(1) of the Act.
    Under the Act and our implementing regulations, a species may 
warrant listing if it is endangered or threatened throughout all or a 
significant portion of its range. The Jemez Mountains salamander 
proposed for listing in this rule is highly restricted in its range, 
and the threats occur throughout its range. Therefore, we assessed the 
status of the species throughout its entire range. The threats to the 
survival of the species occur throughout the species' range and are not 
restricted to any particular significant portion of that range. 
Accordingly, our assessment and proposed determination applies to the 
species throughout its entire range.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened species under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing results in public awareness and 
conservation by Federal, State, tribal, and local agencies, private 
organizations, and individuals. The Act encourages cooperation with the 
States and requires that recovery actions be carried out for all listed 
species. The protection required by Federal agencies and the 
prohibitions against certain activities are discussed, in part, below.
    The NMEST Cooperative Management Plan and Conservation Agreement 
were completed in 2000 (see Previous Federal Actions section above). 
These are nonregulatory documents and were intended to be a mechanism 
to provide for conservation and protection in lieu of listing the 
salamander under the Endangered Species Act, as amended, (U.S. General 
Accounting Office 1993, p. 9), The goal of these documents was to 
``[hellip]provide guidance for the conservation and management of 
sufficient habitat to maintain viable populations of the species'' 
(NMEST 2000, p. i.). However, they have been ineffective in preventing 
the ongoing loss of salamander habitat, and they are not expected to 
prevent further declines of the species. As discussed in the Previous 
Federal Actions section, above, the intent of the agreement was to 
protect the salamander and its habitat on lands administered by the 
USFS; however, there have been projects that have negatively affected 
the species (e.g., State Highway 126 project described under Factor A). 
The Cooperative Management Plan and Conservation Agreement have been 
unable to prevent ongoing loss of habitat, and they are not expected to 
prevent further declines of the species. They do not provide adequate 
protection for the salamander or its habitat.
    Additionally, Los Alamos National Laboratory has committed to, 
whenever possible, retaining trees in order to maintain greater than 80 
percent canopy cover, and avoiding activities that either compact soils 
or dry habitat (Los Alamos National Laboratory 2010, p. 7).
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Subsection 4(f) of the Act requires the Service to develop and 
implement recovery plans for the conservation of endangered and 
threatened species. The recovery planning process involves the 
identification of actions that are necessary to halt or reverse the 
species' decline by addressing the threats to its survival and 
recovery. The goal of this process is to restore listed species to a 
point where they are secure, self-sustaining, and functioning 
components of their ecosystems.
    Recovery planning includes the development of a recovery outline 
shortly after a species is listed, preparation of a draft and final 
recovery plan, and revisions to the plan as significant new information 
becomes available. The recovery outline guides the immediate 
implementation of urgent recovery actions and describes the process to 
be used to develop a recovery plan. The recovery plan identifies site-
specific management actions that will achieve recovery of the species, 
measurable criteria that determine when a species may be downlisted or 
delisted, and methods for monitoring recovery progress. Recovery plans 
also establish a framework for agencies to coordinate their recovery 
efforts and provide estimates of the cost of implementing recovery 
tasks. Recovery teams (comprising species experts, Federal and State 
agencies, nongovernmental organizations, and stakeholders) are often 
established to develop recovery plans. When completed, the recovery 
outline, draft recovery plan, and the final recovery plan will be 
available on our Web site (http://www.fws.gov/endangered), or from our 
New Mexico Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, tribal, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private, State, and tribal lands.
    If this species is listed, funding for recovery actions will be 
available from a variety of sources, including Federal budgets, State 
programs, and cost share grants for non-Federal landowners, the 
academic community, and nongovernmental organizations. In addition, 
pursuant to section 6 of the Act, the State of New Mexico would be 
eligible for Federal funds to implement management actions that promote 
the protection and recovery of the Jemez Mountains salamander. 
Information on our grant programs that are available to aid species 
recovery can be found at: http://www.fws.gov/grants.
    Although the Jemez Mountains salamander is only proposed for 
listing under the Act at this time, please let us know if you are 
interested in participating in recovery efforts for this species. 
Additionally, we invite you to submit any new information on this 
species whenever it becomes available and any information you may have 
for recovery planning purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered or threatened and with respect to its critical habitat, if 
any is designated. Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR part 402. 
Section 7(a)(4) of the Act requires Federal agencies to confer with the 
Service on any action that is likely to jeopardize the continued 
existence of a species proposed for listing or result in destruction or 
adverse modification of proposed critical habitat. If a species is 
listed subsequently, section 7(a)(2) of the Act requires Federal 
agencies to ensure that activities they authorize,

[[Page 56501]]

fund, or carry out are not likely to jeopardize the continued existence 
of the species or destroy or adversely modify its critical habitat. If 
a Federal action may affect a listed species or its critical habitat, 
the responsible Federal agency must enter into formal consultation with 
the Service.
    Federal agency actions within the species habitat that may require 
conference or consultation or both as described in the preceding 
paragraph include landscape restoration projects (e.g., forest 
thinning); prescribed burns, wildland-urban-interface projects; forest 
silvicultural practices; other forest management or landscape-altering 
activities on Federal lands administered by the National Park Service 
(Bandelier National Monument), VCNP, and the Department of Energy (Los 
Alamos National Laboratory), and USFS; issuance of section 404 Clean 
Water Act permits by the Army Corps of Engineers; and construction and 
maintenance of roads or highways by the Federal Highway Administration.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all endangered 
wildlife. The prohibitions of section 9(a)(2) of the Act, codified at 
50 CFR 17.21 for endangered wildlife, in part, make it illegal for any 
person subject to the jurisdiction of the United States to take 
(includes harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect; or to attempt any of these), import, export, ship 
in interstate commerce in the course of commercial activity, or sell or 
offer for sale in interstate or foreign commerce any listed species. 
Under the Lacey Act (18 U.S.C. 42-43; 16 U.S.C. 3371-3378), it is also 
illegal to possess, sell, deliver, carry, transport, or ship any such 
wildlife that has been taken illegally. Certain exceptions apply to 
agents of the Service and State conservation agencies.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered and threatened wildlife species under certain 
circumstances. Regulations governing permits are codified at 50 CFR 
17.22 for endangered species, and at 17.32 for threatened species. With 
regard to endangered wildlife, a permit must be issued for the 
following purposes: for scientific purposes, to enhance the propagation 
or survival of the species, and for incidental take in connection with 
otherwise lawful activities.
    It is our policy, as published in the Federal Register on July 1, 
1994 (59 FR 34272), to identify to the maximum extent practicable at 
the time a species is listed, those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of a proposed 
listing on proposed and ongoing activities within the range of species 
proposed for listing. The following activities could potentially result 
in a violation of section 9 of the Act; this list is not comprehensive:
    (1) Unauthorized collecting, handling, possessing, selling, 
delivering, carrying, or transporting of the species, including import 
or export across State lines and international boundaries, except for 
properly documented antique specimens of these taxa at least 100 years 
old, as defined by section 10(h)(1) of the Act;
    (2) Unauthorized modification or manipulation of forested habitat, 
including restoration and thinning activities;
    (3) Unauthorized actions that may further degrade salamander 
habitat following severe stand-replacing wildfires, such as salvage 
logging;
    (4) Unauthorized use of heavy equipment in forested habitat in 
which the Jemez Mountains salamander is known to occur;
    (5) Unauthorized release or introduction of nonnative or native 
plant species that would make salamander habitat unsuitable in areas 
where the Jemez Mountains salamander is known to occur;
    (6) Unauthorized discharge of chemicals into forested habitat in 
which the Jemez Mountains salamander is known to occur; and
    (7) Capture, survey, or collection of specimens of this taxon 
without a permit from us pursuant to section 10(a)(1)(A) of the Act.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the New Mexico 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Critical Habitat Designation for the Jemez Mountains Salamander

Background

    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographical area occupied by the 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features:
    (a) Essential to the conservation of the species and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by the 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that Federal agencies ensure, in consultation 
with the Service, that any action they authorize, fund, or carry out is 
not likely to result in the destruction or adverse modification of 
critical habitat. The designation of critical habitat does not affect 
land ownership or establish a refuge, wilderness, reserve, preserve, or 
other conservation area. Such designation does not allow the government 
or public to access private lands. Such designation does not require 
implementation of restoration, recovery, or enhancement measures by 
non-Federal landowners. Where a landowner requests Federal agency 
funding or authorization for an action that may affect a listed species 
or critical habitat, the consultation requirements of section 7(a)(2) 
of the Act would apply, but even in the event of a destruction or 
adverse modification finding, the obligation of the Federal action 
agency and the landowner is not to restore or recover the species, but 
to implement reasonable and prudent alternatives to avoid destruction 
or adverse modification of critical habitat.
    Under the first prong of the Act's definition of critical habitat, 
areas within the geographical area occupied by the species at the time 
it was listed are included in a critical habitat designation if they 
contain physical or biological features (1) essential to the 
conservation of the species and (2) which may require special 
management considerations or protection. For these areas, critical 
habitat designations identify, to the extent known using the best 
scientific and commercial data available, those physical or biological 
features that are essential to the

[[Page 56502]]

conservation of the species (such as space, food, cover, and protected 
habitat). In identifying those physical and biological features within 
an area, we focus on the principal biological or physical constituent 
elements (primary constituent elements such as roost sites, nesting 
grounds, seasonal wetlands, water quality, tide, soil type) that are 
essential to the conservation of the species. Primary constituent 
elements are the specific elements of physical or biological features 
that provide for a species' life-history processes, are essential to 
the conservation of the species.
    Under the second prong of the Act's definition of critical habitat, 
we can designate critical habitat in areas outside the geographical 
area occupied by the species at the time it is listed, upon a 
determination that such areas are essential for the conservation of the 
species. For example, an area currently occupied by the species, but 
that was not occupied at the time of listing, may be essential to the 
conservation of the species and may be included in the critical habitat 
designation. We designate critical habitat in areas outside the 
geographic area occupied by a species only when a designation limited 
to its range would be inadequate to ensure the conservation of the 
species.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Further, our Policy on 
Information Standards Under the Endangered Species Act (published in 
the Federal Register on July 1, 1994 (59 FR 34271)), the Information 
Quality Act (section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), 
and our associated Information Quality Guidelines, provide criteria, 
establish procedures, and provide guidance to ensure that our decisions 
are based on the best scientific data available. They require our 
biologists, to the extent consistent with the Act and with the use of 
the best scientific data available, to use primary and original sources 
of information as the basis for recommendations to designate critical 
habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information developed during the listing process for the species. 
Additional information sources may include the recovery plan for the 
species, articles in peer-reviewed journals, conservation plans 
developed by States and counties, scientific status surveys and 
studies, biological assessments, other unpublished materials, or 
experts' opinions or personal knowledge.
    Habitat is dynamic, and species may move from one area to another 
over time. We recognize that critical habitat designated at a 
particular point in time may not include all of the habitat areas that 
we may later determine are necessary for the recovery of the species. 
For these reasons, a critical habitat designation does not signal that 
habitat outside the designated area is unimportant or may not be needed 
for recovery of the species. Areas that are important to the 
conservation of the species, both inside and outside the critical 
habitat designation, will continue to be subject to: (1) Conservation 
actions implemented under section 7(a)(1) of the Act, (2) regulatory 
protections afforded by the requirement in section 7(a)(2) of the Act 
for Federal agencies to ensure their actions are not likely to 
jeopardize the continued existence of any endangered or threatened 
species, and (3) the prohibitions of section 9 of the Act if actions 
occurring in these areas may affect the species. Federally funded or 
permitted projects affecting listed species outside their designated 
critical habitat areas may still result in jeopardy findings in some 
cases. These protections and conservation tools will continue to 
contribute to recovery of this species. Similarly, critical habitat 
designations made on the basis of the best available information at the 
time of designation will not control the direction and substance of 
future recovery plans, habitat conservation plans (HCPs), or other 
species conservation planning efforts if new information available at 
the time of these planning efforts calls for a different outcome.

Prudency Determination

    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12), require that, to the maximum extent 
prudent and determinable, the Secretary designate critical habitat at 
the time the species is determined to be an endangered or threatened 
species. Our regulations (50 CFR 424.12(a)(1)) state that the 
designation of critical habitat is not prudent when one or both of the 
following situations exist: (1) The species is threatened by taking or 
other human activity, and identification of critical habitat can be 
expected to increase the degree of threat to the species, or (2) such 
designation of critical habitat would not be beneficial to the species.
    There is no documentation that the salamander is currently 
threatened by collection, and it is unlikely to experience increased 
threats by identifying critical habitat. Moreover, the identification 
and mapping of critical habitat is not expected to initiate any such 
threat. In the absence of a finding that the designation of critical 
habitat would increase threats to a species, if there are any benefits 
to a critical habitat designation, then a prudent finding is warranted. 
The potential benefits include: (1) Triggering consultation under 
section 7 of the Act in new areas for actions in which there may be a 
Federal nexus where it would not otherwise occur because, for example, 
it has become unoccupied or the occupancy is in question; (2) focusing 
conservation activities on the most essential features and areas; (3) 
providing educational benefits to State or county governments or 
private entities; and (4) preventing people from causing inadvertent 
harm to the species.
    The primary regulatory effect of critical habitat is the section 
7(a)(2) requirement that Federal agencies refrain from taking any 
action that destroys or adversely modifies critical habitat. Lands 
proposed for designation as critical habitat would be subject to 
Federal actions that trigger the section 7 consultation requirements. 
There may also be some educational or informational benefits to the 
designation of critical habitat. Educational benefits include the 
notification of the general public of the importance of protecting 
habitat.
    Therefore, because we have determined that the designation of 
critical habitat will not likely increase the degree of threat to the 
species, and will provide considerable conservation benefit to the 
species, we find that designation of critical habitat is prudent for 
the Jemez Mountains salamander.

Critical Habitat Determinability

    As stated above, section 4(a)(3) of the Act requires the 
designation of critical habitat concurrently with the species' listing 
``to the maximum extent prudent and determinable.'' Our regulations at 
50 CFR 424.12(a)(2) state that critical habitat is not determinable 
when one or both of the following situations exist:
    (1) Information sufficient to perform required analyses of the 
impacts of the designation is lacking, or
    (2) The biological needs of the species are not sufficiently well 
known to permit identification of an area as critical habitat.
    When critical habitat is not determinable, the Act provides for an 
additional year to publish a critical

[[Page 56503]]

habitat designation (16 U.S.C. 1533(b)(6)(C)(ii)).
    We reviewed the available information pertaining to the biological 
needs of the species and habitat characteristics where this species is 
located. This and other information represent the best scientific data 
available, and the available information is sufficient for us to 
identify areas to propose as critical habitat. Therefore, we conclude 
that the designation of critical habitat is determinable for the Jemez 
Mountains salamander.

Physical or Biological Features

    In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and 
regulations at 50 CFR 424.12, in determining which areas within the 
geographical area occupied by the species at the time of listing to 
designate as critical habitat, we consider the physical or biological 
features that are essential to the conservation of the species and 
which may require special management considerations or protection. 
These include, but are not limited to:
    (1) Space for individual and population growth and for normal 
behavior;
    (2) Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    (3) Cover or shelter;
    (4) Sites for breeding, reproduction, or rearing (or development) 
of offspring; and
    (5) Habitats that are protected from disturbance or are 
representative of the historical, geographic, and ecological 
distributions of a species.
    We derive the specific physical or biological features required for 
the Jemez Mountains salamander from studies of this species' habitat, 
ecology, and life history as described below. Unfortunately, there have 
been relatively few studies on the salamander and its habitat, and 
information gaps remain. However, we have used the best available 
information as described in the background and threats assessment above 
and summarized below, as well as information from other salamanders 
with similar biological requirements. To identify the physical and 
biological needs of the Jemez Mountains salamander, we have relied on 
current conditions at locations where the salamander has been observed 
during surveys, and the best information available on the species and 
its close relatives. We have determined that the following physical or 
biological features are essential for the Jemez Mountains salamander:
Space for Individual and Population Growth and for Normal Behavior
    The Jemez Mountains salamander has been observed in forested areas 
of the Jemez Mountains, ranging in elevation from 6,998 to 10,990 ft 
(2,133 to 3,350 m) (Ramotnik 1988, pp. 78, 84). Redondo Peak contains 
both the maximum elevation in the Jemez Mountains (11,254 ft (3,430 m)) 
and the highest salamander observation (10,990 ft (3,350 m)). Surveys 
have not yet been conducted above this highest observation on Redondo 
Peak, but the habitat contains those principal biological or physical 
constituent elements we have identified from areas known to contain the 
salamander. Alternatively, the vegetation communities and moisture 
conditions at elevations below 6,998 ft (2,133 m) are not suitable for 
the Jemez Mountains salamander.
    The Jemez Mountains salamander spends much of its life underground, 
but it can be found active above ground from July through September, 
when environmental conditions are warm and wet. The salamander's 
underground habitat appears to be deep, fractured, subterranean rock in 
areas with high soil moisture, where geologic and moisture constraints 
likely limit the distribution of the species (NMEST 2000, p. 2). The 
aboveground habitat occurs within forested areas, primarily within 
areas that contain Douglas fir, blue spruce, Engelman spruce, white 
fir, limber pine, ponderosa pine, Rocky Mountain maple, and aspen 
(Degenhardt et al. 1996, p. 28; Reagan 1967, p. 17).
Food, Water, Air, Light, Minerals, or Other Nutritional or 
Physiological Requirements
    Terrestrial amphibians generally inhabit environments that are 
hostile to their basic physiology, but nonetheless have developed 
combinations of unique morphological structures (e.g., shape, 
structure, color, pattern), physiological mechanisms, and behavioral 
responses to inhabit diverse terrestrial habitats (Duellman and Trueb 
1986, p. 197). Terrestrial salamanders are generally active at night 
and have diurnal (daytime) retreats to places that have higher moisture 
content relative to surrounding areas that are exposed to warming from 
the sun and air currents (Duellman and Trueb 1986, p. 198). These 
daytime retreats can be under rocks, interiors of logs, depths of leaf 
mulch, shaded crevices, and burrows in the soil (Duellman and Trueb 
1986, p. 198). These retreats provide opportunities for terrestrial 
salamanders to rehydrate during the day, and if water uptake is 
sufficient during the day, the animal can afford to lose water during 
nocturnal activities (Duellman and Trueb 1986, p. 198). Even though 
many kinds of terrestrial amphibians are normally active only at night, 
they often become active during the day immediately after heavy rains 
(Duellman and Trueb 1986, p. 198).
    When Jemez Mountains salamanders have been observed above ground 
during the day, they are primarily found in high moisture retreats 
(such as under and inside decaying logs and stumps, and under rocks and 
bark) (Everett 2003, p. 24) with high overstory canopy cover. Everett 
(2003, p. 24) characterized Jemez Mountains salamander's habitat as 
having an average canopy cover of 76 percent, with a range between 58 
to 94 percent. Areas beneath high tree canopy cover provide moist and 
cool conditions when compared to adjacent areas with low canopy cover. 
Diurnal retreats that provide moist and cool microhabitats are 
important for physiological requirements and also influence the 
salamander's ability to forage, because foraging typically dehydrates 
individuals and these retreats allow for rehydration. Temperature also 
affects hydration and dehydration rates, oxygen consumption, heart 
rate, and metabolic rate, and thus influences body water and body mass 
in Jemez Mountains salamanders ((Duellman and Treub 1986, p. 203; 
Whitford 1968, pp. 247-251). Because salamanders must address hydration 
needs above all other life-history needs, the salamander must obtain 
its water from its habitat, and the salamander has no physiological 
mechanism to stop dehydration or water loss to the environment. Based 
on this information, we conclude that substrate moisture through its 
effect on absorption and loss of water is the most important factor in 
the ecology of this species (Heatwole and Lim 1961, p. 818). Thus, 
moist and cool microhabitats are essential for the conservation of the 
species.
    In regard to food, Jemez Mountains salamanders have been found to 
consume prey species that are diverse in size and type with ants, 
mites, and beetles being eaten most often (Cummer 2005, p. 43).
Cover or Shelter
    When active above ground, the Jemez Mountains salamander is usually 
found within forested areas under decaying logs, rocks, bark, moss 
mats, or inside decaying logs and stumps. Jemez Mountains salamanders 
are generally found in association with decaying coniferous logs, 
particularly Douglas fir,

[[Page 56504]]

considerably more often than deciduous logs, likely due to the 
differences in physical features (e.g., coniferous logs have blocky 
pieces with more cracks and spaces than deciduous logs) (Ramotnik 1988, 
p. 53). Large-diameter (greater than 10 in (25 cm)) decaying logs 
provide important aboveground habitat because they are moist and cool 
compared to other cover; larger logs maintain higher moisture and lower 
temperature longer than smaller logs. These high-moisture retreats also 
offer shelter and protection from some predators (e.g., skunks, owls).
    The percent surface area of occupied salamander habitat covered by 
decaying logs, rocks, bark, moss mats, and stumps averaged 25 percent 
(Everett 2003, p. 35); however, Everett (2003, p. 35) noted that areas 
with high percentages of area of habitat covered by decaying logs, 
rocks, bark, moss mats, and stumps are difficult to survey and locate 
salamanders when present, and may bias the data toward lower 
percentages of area covered by decaying logs, rocks, bark, moss mats, 
and stumps.
    Furthermore, there may be high-elevation meadows located within the 
critical habitat units that are used by the Jemez Mountains salamander. 
The Jemez Mountains salamanders utilize habitat vertically and 
horizontally above ground and below ground. Currently, we do not fully 
understand how salamanders utilize areas like meadows, where the 
aboveground vegetation component differs from areas where salamanders 
are more commonly encountered (e.g., forested areas); however, 
salamanders have been found in high-elevation meadows. Therefore, 
meadows are considered part of the physical or biological features for 
the Jemez Mountains salamander.
Sites for Breeding, Reproduction, or Rearing (or Development) of 
Offspring
    Little is known about the reproduction of the Jemez Mountains 
salamander. Although many terrestrial salamanders deposit eggs in well 
hidden sites, such as underground cavities, decaying logs, and moist 
rock crevices (Pentranka 1998, p. 6), an egg clutch has never been 
observed during extensive Jemez Mountains salamander surveys. Because 
the salamander spends the majority of its life below ground, eggs are 
probably laid and hatch underground. However, we currently lack the 
information to identify the specific elements of the physical or 
biological features needed for breeding, reproduction, or rearing of 
offspring.
Habitats Protected From Disturbance or Representative of the 
Historical, Geographic, and Ecological Distributions of the Species
    All occupied salamander habitat has undergone change resulting from 
historical grazing practices and effective fire suppression, most often 
resulting in shifts in vegetation composition and structure and 
increased risk of large-scale, stand-replacing wildfire (see discussion 
in Factor A: The Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range, above). This species was first 
described in 1950, about halfway through the approximate 100-year 
period of shifting vegetation composition and structure and building of 
fuels for wildfire in the Jemez Mountains. Thus, research and 
information pertaining to this species are in the context of a species 
existing in an altered ecological situation. Nonetheless, while we do 
not have a full understanding of how these particular alterations 
affect the salamander (potentially further drying habitat through 
increased water demand of increased density of trees, or, 
alternatively, potentially increasing habitat moisture from a higher 
canopy cover), we do know that the changes in the vegetative component 
of salamander habitat has greatly increased the risk of large-scale, 
stand-replacing wildfire. Furthermore, we are only aware of small-scale 
treatments or implemented forest-restoration projects to reduce this 
risk. Thus, there does not seem to be any areas in occupied salamander 
habitat that are protected from disturbance.
    However, based on the biology and the physiological requirements of 
this and other terrestrial plethodontid salamanders, we believe that 
the Jemez Mountains salamander is distributed in areas not burned by 
large-scale, stand-replacing fires. These areas are believed to contain 
the physical or biological features essential to the conservation of 
the species. Managing for an appropriate vegetation composition and 
designing forest restoration treatments to minimize the risk of 
wildfire are difficult because we lack the information to quantify or 
qualify these historical attributes. We specifically solicit further 
input on methods or mechanisms that can better describe the appropriate 
vegetation composition and assist in the design of forest restoration 
treatments. Specific research is needed on forest restoration 
treatments that could minimize impacts and maximize benefits to the 
salamander.
Primary Constituent Elements for the Jemez Mountains Salamander
    Under the Act and its implementing regulations, we are required to 
identify the physical or biological features essential to the 
conservation of the Jemez Mountains salamander in the geographic area 
occupied by the species at the time of listing, focusing on the 
features' primary constituent elements. We consider primary constituent 
elements to be the elements of physical or biological features that 
provide for a species' life-history processes and are essential to the 
conservation of the species.
    Based on our current knowledge of the physical or biological 
features and habitat characteristics required sustaining the species' 
life-history processes, we determine that the primary constituent 
elements (PCEs) specific to the Jemez Mountains salamander's forested 
habitat are:
    1. Tree canopy cover greater than 58 percent consisting of the 
following tree species alone or in any combination:
    a. Douglas fir (Pseudotsuga menziesii);
    b. blue spruce (Picea pungens);
    c. Engelman spruce (Picea engelmannii);
    d. white fir (Abies concolor);
    e. limber pine (Pinus flexilis);
    f. ponderosa pine (Pinus ponderosa);
    g. aspen (Populus tremuloides)

and having an understory that predominantly comprises:

    a. Rocky Mountain maple (Acer glabrum);
    b. New Mexico locust (Robinia neomexicana);
    c. oceanspray (Holodiscus sp.); or
    d. shrubby oaks (Quercus spp.).
    2. Elevations from 6,988 to 11,254 ft (2,130 to 3,430 m).
    3. Ground surface in forest areas with
    a. at least 25 percent or greater of ground surface area of 
coniferous logs at least 10 in (25 cm) in diameter, particularly 
Douglas fir and other woody debris, which are in contact with the soil 
in varying stages of decay from freshly fallen to nearly fully 
decomposed, or
    b. structural features, such as rocks, bark, and moss mats that 
provide the species with food and cover.
    4. Underground habitat in forest or meadow areas containing 
interstitial spaces provided by:
    a. igneous rock with fractures or loose rocky soils;
    b. rotted tree root channels; or
    c. burrows of rodents or large invertebrates.
    With this proposed designation of critical habitat, we intend to 
identify the

[[Page 56505]]

physical or biological features essential to the conservation of the 
species through the identification of the PCEs sufficient to support 
the life-history processes of the species. Because not all life-history 
functions require all the PCEs, not all areas proposed as critical 
habitat will contain all the PCEs. All units proposed to be designated 
as critical habitat are currently occupied by the Jemez Mountains 
salamander and contain one or more of the PCEs sufficient to support 
the life-history needs of the species.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the specific 
areas within the geographic area occupied by the species at the time of 
listing contain features that are essential to the conservation of the 
species and which may require special management considerations or 
protection. The features essential to the conservation of this species 
may require special management considerations or protection to reduce 
the following threats: Historical and current fire management 
practices; severe wildland fire; forest composition and structure 
conversions; post-fire rehabilitation; forest management (including 
silvicultural practices); roads, trails, and habitat fragmentation; 
recreation; and climate change. Furthermore, disease and the use of 
fire retardants or other chemicals may threaten the salamander, and may 
need special management considerations.
    Management activities that could ameliorate these threats include 
(but are not limited to): (1) Reducing fuels to minimize the risk of 
severe wildfire in a manner that considers the salamander's biological 
requirements; (2) not implementing post-fire rehabilitation techniques 
that are detrimental to the salamander in the geographic areas of 
occupied salamander habitat, and (3) removing unused roads and trails 
and restoring habitat. A more complete discussion of the threats to the 
salamander and its habitats can be found in ``Summary of Factors 
Affecting the Species'' above.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(2) of the Act, we use the best 
scientific data available to designate critical habitat. We review 
available information pertaining to the habitat requirements of the 
species. In accordance with the Act and its implementing regulation at 
50 CFR 424.12(e), we consider whether designating additional areas 
outside those geographic areas currently occupied are necessary to 
ensure the conservation of the species. We are not proposing to 
designate any areas outside the geographic area occupied by the species 
because occupied areas are sufficient for the conservation of the 
species.
    Our initial step in identifying critical habitat was to determine 
the physical or biological habitat features essential to the 
conservation of the species, as explained in the previous section. We 
then identified the geographic areas that are occupied by the Jemez 
Mountains salamander and that contain one or more of the physical or 
biological features. We used various sources of available information 
and supporting data that pertains to the habitat requirements of the 
Jemez Mountains salamander. These included, but were not limited to, 
the 12-month finding published on September 2, 2010 (75 FR 54822), 
reports under section 6 of the Act submitted by NMDGF, the salamander 
Conservation Management Plan, research published in peer-reviewed 
articles, unpublished academic theses, agency reports, and mapping 
information from agency sources. We plotted point data of survey 
locations for the salamander using ArcMap (Environmental Systems 
Research Institute, Inc.), a computer GIS program, which were then used 
in conjunction with elevation, topography, vegetation, and land 
ownership information The point data consisted of detection (367 
points) and nondetection (1,022 points) survey locations.
    The units proposed for designation are based on sufficient elements 
of physical and biological features being present to support life-
history processes of the species and are within the GIS model output. 
Areas that have been burned in recent fires (e.g., Las Conchas Fire and 
Cerro Grande Fire) were not excluded from the proposed units because 
fire burns in a mosaic pattern (a mix pattern of burned and unburned 
patches), and at least in the short-term (10 to 15 years), sufficient 
elements of physical and biological features remain subsequent to 
wildfire that allow salamanders to continuously occupy areas that have 
been burned. We selected areas within the geographical area occupied at 
the time of listing that contain the physical or biological features 
essential to their conservation and may require special management 
considerations or protection. Large areas that consisted of 
predominantly nondetection survey locations were not included in the 
proposed designation, but may contain detections. Finally, at the scale 
of the unit, both units are considered wholly occupied because 
salamanders use both aboveground and belowground habitat continuously, 
moving and utilizing habitat vertically and horizontally. Also, there 
may be high elevation meadows located within the units, but these areas 
are also considered wholly occupied because the salamanders have been 
found in high elevation meadows. While it is possible that salamanders 
may not be detected at the small scale of a survey (measured in 
meters), the entire unit is considered occupied because of the 
similarity and continuous nature of the physical and biological 
features within the units that are used by salamanders for foraging, 
seasonal movements, and maintaining genetic variation. For clarity, we 
defined occupied proposed critical habitat as those forested areas in 
the Jemez Mountains that:
    a. Include the majority of salamander point observations that are 
representative of the distribution of the Jemez Mountains salamander 
habitat needs throughout the geographical range of the species;
    b. Provide the essential physical or biological features necessary 
to support the species' life-history requirements surrounding 
salamander point observations ; and
    c. Provide connectivity between Jemez Mountains salamander habitat 
to provide for seasonal surface movement and genetic variability.
    After utilizing the above methods, we refined the model to remove 
isolated historical point data, because the survey data for those areas 
are insufficient, and we do not know if those areas contain sufficient 
physical or biological features to support life-history functions 
essential to the conservation of the salamander. The areas removed are 
predominantly on Forest Service and VCNP lands within the northeastern 
and northwestern part of the Jemez Mountains, but also include small 
areas on the Pueblo of Santa Clara, Los Alamos National Laboratory, and 
private lands.
    When determining proposed critical habitat boundaries, we also made 
every effort to avoid including developed areas such as lands covered 
by buildings, pavement, and other structures because such lands lack 
physical or biological features for the Jemez Mountains salamander. The 
scale of the maps we prepared under the parameters for publication 
within the Code of Federal Regulations may not reflect the exclusion of 
such developed lands. Any such lands inadvertently left inside critical 
habitat boundaries shown on the maps of this proposed rule have been 
excluded by text in the proposed

[[Page 56506]]

rule and are not proposed for designation as critical habitat. 
Therefore, if the critical habitat is finalized as proposed, a Federal 
action involving these lands would not trigger section 7 consultation 
with respect to critical habitat and the requirement of no adverse 
modification unless the specific action would affect the physical or 
biological features in the adjacent critical habitat.
    In summary, we are proposing for designation of critical habitat 
geographic areas that we have determined are occupied by the salamander 
at the time of listing and contain sufficient elements of physical or 
biological features to support life-history processes essential for the 
conservation of the species. The critical habitat designation is 
defined by the map or maps, as modified by any accompanying regulatory 
text, presented at the end of this document in the rule portion. We 
will make the coordinates or plot points or both on which each map is 
based available to the public on http://www.regulations.gov at Docket 
No. FWS-R2-ES-2012-0063, on our Internet site at http://www.fws.gov/southwest/es/NewMexico/, and at the New Mexico Ecological Services 
Field Office (see FOR FURTHER INFORMATION CONTACT above).

Proposed Critical Habitat Designation

    We are proposing two units as critical habitat for the Jemez 
Mountains salamander. The critical habitat areas we describe below 
constitute our current best assessment of areas that meet the 
definition of critical habitat for the salamander. The two areas we 
propose as critical habitat are: (1) Western Jemez Mountains Unit and 
(2) Southeastern Jemez Mountains Unit. Both units are currently 
occupied by the species. The approximate area of each proposed critical 
habitat unit and land ownership are shown in Table 1.

    Table 1--Proposed Critical Habitat Units for the Jemez Mountains
                               Salamander
------------------------------------------------------------------------
                                   Land ownership by    Size of unit in
      Critical habitat unit              type          acres (hectares)
------------------------------------------------------------------------
1. Western Jemez Mountains Unit.  Federal...........     41,467 (16,781)
                                  Private...........           978 (396)
                                 ---------------------------------------
     Total Unit 1...............  ..................     42,445 (17,177)
                                 ---------------------------------------
2. Southeastern Jemez Mountains   Federal...........     46,505 (18,820)
 Unit.
                                  Private...........         1,839 (744)
                                 ---------------------------------------
     Total Unit 2...............  ..................     48,344 (19,564)
                                 ---------------------------------------
        Total...................  Federal...........     87,972 (35,601)
                                  Private...........       2,817 (1,140)
                                  Total.............    90,789 (36,741)
------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.

    We present brief descriptions of the units, and reasons why they 
meet the definition of critical habitat for the Jemez Mountains 
salamander, below.

Unit 1: Western Jemez Mountains Unit

    Unit 1 consists of 42,445 ac (17,177 ha) in Sandoval and Rio Arriba 
Counties in the western portion of the Jemez Mountains of which 41,467 
ac (16,781 ha) is federally managed, with 26,532 ac (10,737 ha) on USFS 
lands, 14,935 ac (6,044 ha) on VCNP lands, and 978 ac (396 ha) on 
private lands. This unit is located in the western portion of the 
distribution of the Jemez Mountains salamander and includes Redondo 
Peak. This unit is within the geographical area occupied by the 
salamander and contains elements of essential physical or biological 
features. The physical or biological features require special 
management or protection from large-scale, stand-replacing wildfire; 
actions that would disturb salamander habitat by warming and drying; 
actions that reduce the availability of aboveground cover objects 
including downed logs; or actions that would compact or disturb the 
soil or otherwise interfere with the capacity of salamanders to move 
between subterranean habitat and aboveground habitat.

Unit 2: Southeastern Jemez Mountains Unit

    Unit 2 consists of 48,344 ac (19,564 ha) in Sandoval and Los Alamos 
Counties in the eastern, southern, and southeastern portions of the 
Jemez Mountains of which 46,505 ac (18,820 ha) is federally managed, 
with 30,502 ac (12,344 ha) on USFS lands, 8,784 ac (3,555 ha) on VCNP 
lands, and 7,219 ac (2,921 ha) on National Park Service lands 
(Bandelier National Monument), and 1,839 ac (744 ha) are on private 
lands. This unit is within the geographical area occupied by the 
salamander and contains elements of essential physical or biological 
features. The physical or biological features require special 
management or protection from large-scale, stand-replacing wildfire; 
actions that would disturb salamander habitat by warming and drying; 
actions that reduce the availability of aboveground cover objects 
including downed logs; or actions that would compact or disturb the 
soil or otherwise interfere with the capacity of salamanders to move 
between subterranean habitat and aboveground habitat.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that any action they fund, authorize, or carry out 
is not likely to jeopardize the continued existence of any endangered 
species or threatened species or result in the destruction or adverse 
modification of designated critical habitat of such species. In 
addition, section 7(a)(4) of the Act requires Federal agencies to 
confer with the Service on any agency action that is likely to 
jeopardize the continued existence of any species proposed to be listed 
under the Act or result in the destruction or adverse modification of 
proposed critical habitat.
    Decisions by the 5th and 9th Circuit Courts of Appeals have 
invalidated our regulatory definition of ``destruction or adverse 
modification'' (50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S. 
Fish and Wildlife Service, 378 F. 3d 1059 (9th Cir. 2004) and Sierra 
Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 434, 442 (5th 
Cir. 2001)), and we

[[Page 56507]]

do not rely on this regulatory definition when analyzing whether an 
action is likely to destroy or adversely modify critical habitat. Under 
the statutory provisions of the Act, we determine destruction or 
adverse modification on the basis of whether, with implementation of 
the proposed Federal action, the affected critical habitat would 
continue to serve its intended conservation role for the species.
    If a Federal action may affect a listed species or its critical 
habitat, the responsible Federal agency (action agency) must enter into 
consultation with us. Examples of actions that are subject to the 
section 7 consultation process are actions on State, tribal, local, or 
private lands that require a Federal permit (such as a permit from the 
U.S. Army Corps of Engineers under section 404 of the Clean Water Act 
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10 
of the Act) or that involve some other Federal action (such as funding 
from the Federal Highway Administration, Federal Aviation 
Administration, or the Federal Emergency Management Agency). Federal 
actions not affecting listed species or critical habitat, and actions 
on State, tribal, local, or private lands that are not federally funded 
or authorized, do not require section 7 consultation.
    As a result of section 7 consultation, we document compliance with 
the requirements of section 7(a)(2) through our issuance of:
    (1) A concurrence letter for Federal actions that may affect, but 
are not likely to adversely affect, listed species or critical habitat; 
or
    (2) A biological opinion for Federal actions that may affect, or 
are likely to adversely affect, listed species or critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species and/or 
destroy or adversely modify critical habitat, we provide reasonable and 
prudent alternatives to the project, if any are identifiable, that 
would avoid the likelihood of jeopardy and/or destruction or adverse 
modification of critical habitat. We define ``reasonable and prudent 
alternatives'' (at 50 CFR 402.02) as alternative actions identified 
during consultation that:
    (1) Can be implemented in a manner consistent with the intended 
purpose of the action,
    (2) Can be implemented consistent with the scope of the Federal 
agency's legal authority and jurisdiction,
    (3) Are economically and technologically feasible, and
    (4) Would, in the Director's opinion, avoid the likelihood of 
jeopardizing the continued existence of the listed species and/or avoid 
the likelihood of destroying or adversely modifying critical habitat.
    Reasonable and prudent alternatives can vary from slight project 
modifications to extensive redesign or relocation of the project. Costs 
associated with implementing a reasonable and prudent alternative are 
similarly variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where we have 
listed a new species or subsequently designated critical habitat that 
may be affected and the Federal agency has retained discretionary 
involvement or control over the action (or the agency's discretionary 
involvement or control is authorized by law). Consequently, Federal 
agencies sometimes may need to request reinitiation of consultation 
with us on actions for which formal consultation has been completed, if 
those actions with discretionary involvement or control may affect 
subsequently listed species or designated critical habitat.

Application of the ``Adverse Modification'' Standard

    The key factor related to the adverse modification determination is 
whether, with implementation of the proposed Federal action, the 
affected critical habitat would continue to serve its intended 
conservation role for the species. Activities that may destroy or 
adversely modify critical habitat are those that alter the physical or 
biological features to an extent that appreciably reduces the 
conservation value of critical habitat for the Jemez Mountains 
salamander. As discussed above, the role of critical habitat is to 
support life-history needs of the species and provide for the 
conservation of the species.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe, in any proposed or final regulation that designates critical 
habitat, activities involving a Federal action that may destroy or 
adversely modify such habitat, or that may be affected by such 
designation.
    Activities that may affect critical habitat, when carried out, 
funded, or authorized by a Federal agency, should result in 
consultation for the Jemez Mountains salamander. These activities 
include, but are not limited to:
    (1) Actions that would disturb salamander habitat by warming and 
drying. Such activities could include, but are not limited to, 
landscape restoration projects (e.g., forest thinning and 
manipulation); prescribed burns; wildland fire use; wildland-urban-
interface projects (forest management at the boundary of forested areas 
and urban areas); forest silvicultural practices (including salvage 
logging); other forest management or landscape-altering activities that 
reduce canopy cover, or warm and dry habitat. These activities could 
reduce the quality of salamander habitat or reduce the ability of the 
salamander to carry out normal behavior and physiological functions, 
which are tightly tied to moist cool microhabitats. Additionally, these 
actions could also reduce available high-moisture retreats, which could 
increase the amount of time necessary to regulate body water for 
physiological function and thus reduce the amount of time available for 
foraging and finding a mate, ultimately reducing fecundity.
    (2) Actions that reduce the availability of the ground surface 
within forested areas containing downed logs that are greater than 10 
in (0.25 m) diameter and of any stage of decomposition or removal of 
large-diameter trees (especially Douglas fir) that would otherwise 
become future high quality cover. Such activities could include but are 
not limited to activities listed above. Aboveground cover objects 
within the forest provide high-moisture retreats relative to 
surrounding habitat and offer opportunities to regulate body water and 
influence the salamander's capacity to forage and reproduce.
    (3) Actions that would compact or disturb the soil or otherwise 
interfere with the capacity of salamanders to move between subterranean 
habitat and aboveground habitat. Such activities could include but are 
not limited to use of heavy equipment, road construction, and pipeline 
installation.
    (4) Actions that spread disease into salamander habitat. Such 
activities could include water drops (i.e., picking up surface water 
contaminated with aquatic amphibian pathogens (e.g., Bd) and dropping 
it in forested habitat). While we do not know the susceptibility of 
amphibian pathogens on the Jemez Mountains salamander, some pathogens 
(e.g., Bd) have caused many other amphibian species extinctions and 
declines and could potentially threaten the Jemez Mountains salamander.
    (5) Actions that contaminate forested habitats with chemicals. Such 
activities could include aerial drop of chemicals such as fire 
retardants or insecticides. We do not know the effects of most 
chemicals on Jemez Mountains salamanders; amphibians in general are 
sensitive to chemicals with which they

[[Page 56508]]

come in contact because they use their skin for breathing and other 
physiological functions.

Exemptions

Application of Section 4(a)(3) of the Act

    The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) 
required each military installation that includes land and water 
suitable for the conservation and management of natural resources to 
complete an integrated natural resources management plan (INRMP) by 
November 17, 2001. An INRMP integrates implementation of the military 
mission of the installation with stewardship of the natural resources 
found on the base. Each INRMP includes:
    (1) An assessment of the ecological needs on the installation, 
including the need to provide for the conservation of listed species;
    (2) A statement of goals and priorities;
    (3) A detailed description of management actions to be implemented 
to provide for these ecological needs; and
    (4) A monitoring and adaptive management plan.
    Among other things, each INRMP must, to the extent appropriate and 
applicable, provide for fish and wildlife management; fish and wildlife 
habitat enhancement or modification; wetland protection, enhancement, 
and restoration where necessary to support fish and wildlife; and 
enforcement of applicable natural resource laws.
    The National Defense Authorization Act for Fiscal Year 2004 (Pub. 
L. 108-136) amended the Act to limit areas eligible for designation as 
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 
U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary shall not 
designate as critical habitat any lands or other geographic areas owned 
or controlled by the Department of Defense, or designated for its use, 
that are subject to an integrated natural resources management plan 
prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the 
Secretary determines in writing that such plan provides a benefit to 
the species for which critical habitat is proposed for designation.''
    There are no Department of Defense lands within the proposed 
critical habitat designation.

Exclusions

Application of Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act states that the Secretary shall 
designate and make revisions to critical habitat on the basis of the 
best available scientific data after taking into consideration the 
economic impact, national security impact, and any other relevant 
impact of specifying any particular area as critical habitat. The 
Secretary may exclude an area from critical habitat if he determines 
that the benefits of such exclusion outweigh the benefits of specifying 
such area as part of the critical habitat, unless he determines, based 
on the best scientific data available, that the failure to designate 
such area as critical habitat will result in the extinction of the 
species. In making that determination, the statute on its face, as well 
as the legislative history, are clear that the Secretary has broad 
discretion regarding which factor(s) to use and how much weight to give 
to any factor.
    Under section 4(b)(2) of the Act, we may exclude an area from 
designated critical habitat based on economic impacts, impacts on 
national security, or any other relevant impacts. In considering 
whether to exclude a particular area from the designation, we identify 
the benefits of including the area in the designation, identify the 
benefits of excluding the area from the designation, and evaluate 
whether the benefits of exclusion outweigh the benefits of inclusion. 
If the analysis indicates that the benefits of exclusion outweigh the 
benefits of inclusion, the Secretary may exercise his discretion to 
exclude the area only if such exclusion would not result in the 
extinction of the species.
Exclusions Based on Economic Impacts
    Under section 4(b)(2) of the Act, we consider the economic impacts 
of specifying any particular area as critical habitat. In order to 
consider economic impacts, we are preparing an analysis of the economic 
impacts of the proposed critical habitat designation and related 
factors. Potential land use sectors that may be affected by Jemez 
Mountains salamander critical habitat designation include forest 
management (including silvicultural practices); road or trail 
construction; recreation; fire suppression or other chemical use; and 
grazing. We also consider any social impacts that might occur because 
of the designation.
    We will announce the availability of the draft economic analysis as 
soon as it is completed. At that time, copies of the draft economic 
analysis will be available for downloading from the Internet at http://www.regulations.gov, or by contacting the New Mexico Ecological 
Services Field Office directly (see FOR FURTHER INFORMATION CONTACT 
section). During the development of a final designation, we will 
consider economic impacts, public comments, and other new information, 
and areas may be excluded from the final critical habitat designation 
under section 4(b)(2) of the Act and our implementing regulations at 50 
CFR 424.19.
Exclusions Based on National Security Impacts
    Under section 4(b)(2) of the Act, we consider whether there are 
lands owned or managed by the Department of Defense (DOD) or lands 
where a national security impact might exist. In preparing this 
proposal, we have determined that the lands within the proposed 
designation of critical habitat for the Jemez Mountains salamander are 
not owned or managed by the DOD, but there are national security 
interests found at Los Alamos Laboratory. Currently, there are no areas 
proposed for exclusion based on impacts on national security, but we 
seek comment on whether there is a national security interest at Los 
Alamos Laboratory that could be adversely affected by the proposed 
designation.
Exclusions Based on Other Relevant Impacts
    Under section 4(b)(2) of the Act, we consider any other relevant 
impacts, in addition to economic impacts and impacts on national 
security. We consider a number of factors including whether the 
landowners have developed any HCPs or other management plans for the 
area, or whether there are conservation partnerships that would be 
encouraged by designation of, or exclusion from, critical habitat. In 
addition, we look at any tribal issues, and consider the government-to-
government relationship of the United States with tribal entities. We 
also consider any social impacts that might occur because of the 
designation.
    In preparing this proposal, we have determined that there are 
currently no HCPs for the Jemez Mountains salamander, and the proposed 
designation does not include any tribal lands occupied by the species 
that contain the physical or biological features essential for 
conservation of the salamander. Moreover, we are unaware of any tribal 
lands that are considered unoccupied by Jemez Mountains salamander that 
are essential for the conservation of the species. Therefore, we have 
not proposed designation of critical habitat for Jemez Mountains 
salamander on tribal lands. However, we will coordinate with tribes in 
nearby areas should there be any concerns or questions arising from 
this proposed critical habitat designation. We anticipate no impact to 
tribal lands, partnerships, or HCPs from this

[[Page 56509]]

proposed critical habitat designation. There are no areas proposed for 
exclusion from this proposed designation based on other relevant 
impacts.

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we will seek the expert 
opinions of at least three appropriate and independent specialists 
regarding this proposed rule. The purpose of peer review is to ensure 
that our listing determination and critical habitat designation is 
based on scientifically sound data, assumptions, and analyses. We have 
invited these peer reviewers to comment during this public comment 
period in this proposed designation of critical habitat.
    We will consider all comments and information received during this 
comment period on this proposed rule during our preparation of a final 
determination. Accordingly, the final decision may differ from this 
proposal.

Public Hearings

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received within 45 
days after the date of publication of this proposed rule in the Federal 
Register. Such requests must be sent to the address shown in FOR 
FURTHER INFORMATION CONTACT. We will schedule public hearings on this 
proposal, if any are requested, and announce the dates, times, and 
places of those hearings, as well as how to obtain reasonable 
accommodations, in the Federal Register and local newspapers at least 
15 days before the hearing.
    Persons needing reasonable accommodations to attend and participate 
in a public hearing should contact the New Mexico Ecological Services 
Field Office at 505-346- 2525, as soon as possible. To allow sufficient 
time to process requests, please call no later than 1 week before the 
hearing date. Information regarding this proposed rule is available in 
alternative formats upon request.

Required Determinations

Regulatory Planning and Review--Executive Orders 12866 and 13563

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. The Office of Information and Regulatory 
Affairs has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.) as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996 (5 U.S.C 801 et seq.), whenever an agency must publish 
a notice of rulemaking for any proposed or final rule, it must prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the effects of the rule on small entities (small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. The SBREFA amended 
the RFA to require Federal agencies to provide a certification 
statement of the factual basis for certifying that the rule will not 
have a significant economic impact on a substantial number of small 
entities.
    At this time, we lack the available economic information necessary 
to provide an adequate factual basis for the required RFA finding. 
Therefore, we defer the RFA finding until completion of the draft 
economic analysis prepared under section 4(b)(2) of the Act and 
Executive Order 12866. This draft economic analysis will provide the 
required factual basis for the RFA finding. Upon completion of the 
draft economic analysis, we will announce availability of the draft 
economic analysis of the proposed designation in the Federal Register 
and reopen the public comment period for the proposed designation. We 
will include with this announcement, as appropriate, an initial 
regulatory flexibility analysis or a certification that the rule will 
not have a significant economic impact on a substantial number of small 
entities accompanied by the factual basis for that determination.
    We have concluded that deferring the RFA finding until completion 
of the draft economic analysis is necessary to meet the purposes and 
requirements of the RFA. Deferring the RFA finding in this manner will 
ensure that we make a sufficiently informed determination based on 
adequate economic information and provide the necessary opportunity for 
public comment.

Energy Supply, Distribution, or Use--Executive Order 13211

    Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use) requires 
agencies to prepare Statements of Energy Effects when undertaking 
certain actions. A small portion of an existing gas pipeline is within 
proposed critical habitat; however, we do not expect the designation of 
this proposed critical habitat to significantly affect energy supplies, 
distribution, or use. Therefore, this action is not a significant 
energy action, and no Statement of Energy Effects is required. However, 
we will further evaluate this issue as we conduct our economic 
analysis, and review and revise this assessment as warranted.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we make the following findings:
    (1) This rule will not produce a Federal mandate. In general, a 
Federal mandate is a provision in legislation, statute, or regulation 
that would impose an enforceable duty upon State, local, or tribal 
governments, or the private sector, and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or tribal governments'' with two 
exceptions. It excludes ``a condition of Federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding,'' and the State, local, or tribal

[[Page 56510]]

governments ``lack authority'' to adjust accordingly. At the time of 
enactment, these entitlement programs were: Medicaid; Aid to Families 
with Dependent Children work programs; Child Nutrition; Food Stamps; 
Social Services Block Grants; Vocational Rehabilitation State Grants; 
Foster Care, Adoption Assistance, and Independent Living; Family 
Support Welfare Services; and Child Support Enforcement. ``Federal 
private sector mandate'' includes a regulation that ``would impose an 
enforceable duty upon the private sector, except (i) a condition of 
Federal assistance or (ii) a duty arising from participation in a 
voluntary Federal program.''
    The designation of critical habitat does not impose a legally 
binding duty on non-Federal Government entities or private parties. 
Under the Act, the only regulatory effect is that Federal agencies must 
ensure that their actions do not destroy or adversely modify critical 
habitat under section 7. While non-Federal entities that receive 
Federal funding, assistance, or permits, or that otherwise require 
approval or authorization from a Federal agency for an action, may be 
indirectly impacted by the designation of critical habitat, the legally 
binding duty to avoid destruction or adverse modification of critical 
habitat rests squarely on the Federal agency. Furthermore, to the 
extent that non-Federal entities are indirectly impacted because they 
receive Federal assistance or participate in a voluntary Federal aid 
program, the Unfunded Mandates Reform Act would not apply, nor would 
critical habitat shift the costs of the large entitlement programs 
listed above onto State governments.
    (2) We do not believe that this rule will significantly or uniquely 
affect small governments because only Federal lands are involved in the 
proposed designation. Therefore, a Small Government Agency Plan is not 
required. However, we will further evaluate this issue as we conduct 
our economic analysis, and review and revise this assessment if 
appropriate.

Takings--Executive Order 12630

    In accordance with Executive Order 12630 (Government Actions and 
Interference with Constitutionally Protected Private Property Rights), 
we will analyze the potential takings implications of designating 
critical habitat for the Jemez Mountains salamander in a takings 
implications assessment. Following completion of the proposed rule, a 
draft economic analysis will be completed for the proposed designation. 
The draft economic analysis will provide the foundation for us to use 
in preparing a takings implications assessment.

Federalism--Executive Order 13132

    In accordance with Executive Order 13132 (Federalism), this 
proposed rule does not have significant Federalism effects. A 
Federalism assessment is not required. In keeping with Department of 
the Interior and Department of Commerce policy, we requested 
information from, and coordinated development of, this proposed 
critical habitat designation with appropriate State resource agencies 
in New Mexico. The designation of critical habitat in geographic areas 
currently occupied by the Jemez Mountains salamander imposes no 
additional restrictions to those currently in place and, therefore, has 
little incremental impact on State and local governments and their 
activities. The designation may have some benefit to these governments 
because the areas that contain the physical or biological features 
essential to the conservation of the species are more clearly defined, 
and the elements of the features of the habitat necessary to the 
conservation of the species are specifically identified. This 
information does not alter where and what federally sponsored 
activities may occur. However, it may assist local governments in long-
range planning (rather than having them wait for case-by-case section 7 
consultations to occur).
    Where State and local governments require approval or authorization 
from a Federal agency for actions that may affect critical habitat, 
consultation under section 7(a)(2) would be required. While non-Federal 
entities that receive Federal funding, assistance, or permits, or that 
otherwise require approval or authorization from a Federal agency for 
an action, may be indirectly impacted by the designation of critical 
habitat, the legally binding duty to avoid destruction or adverse 
modification of critical habitat rests squarely on the Federal agency.

Civil Justice Reform--Executive Order 12988

    In accordance with Executive Order 12988 (Civil Justice Reform), 
the Office of the Solicitor has determined that the rule does not 
unduly burden the judicial system and that it meets the requirements of 
sections 3(a) and 3(b)(2) of the Order. We have proposed designating 
critical habitat in accordance with the provisions of the Act. This 
proposed rule uses standard property descriptions and identifies the 
elements of physical or biological features essential to the 
conservation of the Jemez Mountains salamander within the designated 
areas to assist the public in understanding the habitat needs of the 
species.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). This rule will not impose recordkeeping or 
reporting requirements on State or local governments, individuals, 
businesses, or organizations. An agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be 
prepared in connection with listing a species as endangered or 
threatened under the Endangered Species Act. We published a notice 
outlining our reasons for this determination in the Federal Register on 
October 25, 1983 (48 FR 49244).
    It is our position that, outside the jurisdiction of the U.S. Court 
of Appeals for the Tenth Circuit, we do not need to prepare 
environmental analyses pursuant to the National Environmental Policy 
Act (NEPA; 42 U.S.C. 4321 et seq.) in connection with designating 
critical habitat under the Act. We published a notice outlining our 
reasons for this determination in the Federal Register on October 25, 
1983 (48 FR 49244). This position was upheld by the U.S. Court of 
Appeals for the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 
(9th Cir. 1995), cert. denied 516 U.S. 1042 (1996)).] However, when the 
range of the species includes States within the Tenth Circuit, such as 
that of Jemez Mountains salamander, under the Tenth Circuit ruling in 
Catron County Board of Commissioners v. U.S. Fish and Wildlife Service, 
75 F.3d 1429 (10th Cir. 1996), we will undertake a NEPA analysis for 
critical habitat designation and notify the public of the availability 
of the draft environmental assessment for this proposal when it is 
finished.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994

[[Page 56511]]

(Government-to-Government Relations with Native American Tribal 
Governments; 59 FR 22951), Executive Order 13175 (Consultation and 
Coordination With Indian Tribal Governments), and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. In accordance with 
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities, and the Endangered Species Act), 
we readily acknowledge our responsibilities to work directly with 
tribes in developing programs for healthy ecosystems, to acknowledge 
that tribal lands are not subject to the same controls as Federal 
public lands, to remain sensitive to Indian culture, and to make 
information available to tribes.
    Because we are not proposing designation of critical habitat for 
Jemez Mountains salamander on any tribal lands, we anticipate no impact 
to tribal lands.

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, which sections or sentences 
are too long, the sections where you feel lists or tables would be 
useful, etc.

References Cited

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

Authors

    The primary authors of this document are the staff members of the 
New Mexico Ecological Services Field Office.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. In Sec.  17.11(h), add an entry for ``Salamander, Jemez 
Mountains'' in alphabetical order under Amphibians to the List of 
Endangered and Threatened Wildlife, to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                                  Critical     Special
                                                            Historic range       endangered or         Status      When listed    habitat       rules
           Common name                Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
            Amphibians
 
                                                                      * * * * * * *
Salamander, Jemez Mountains......  Plethodon             U.S. (NM)..........  U.S. (NM)..........  E               ...........     17.95(d)           NA
                                    neomexicanus.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. In Sec.  17.95, amend paragraph (d) by adding an entry for 
``Jemez Mountains Salamander (Plethodon neomexicanus),'' in the same 
alphabetical order that the species appears in the table at Sec.  
17.11(h), to read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (d) Amphibians.
* * * * *
    Jemez Mountains Salamander (Plethodon neomexicanus)
    (1) Critical habitat units are depicted for Los Alamos, Rio Arriba, 
and Sandoval Counties, New Mexico, on the maps below.
    (2) Within these areas, the primary constituent elements of the 
physical or biological features essential to the conservation of Jemez 
Mountains salamander consist of four components:
    (i) Tree canopy cover greater than 58 percent that
    (A) Consists of the following tree species alone or in any 
combination: Douglas fir (Pseudotsuga menziesii); blue spruce (Picea 
pungens); Engelman spruce (Picea engelmannii); white fir (Abies 
concolor); limber pine (Pinus flexilis); ponderosa pine (Pinus 
ponderosa); and aspen (Populus tremuloides) and
    (B) That may also have an understory that predominantly comprises: 
Rocky Mountain maple (Acer glabrum); New Mexico locust (Robinia 
neomexicana); oceanspray (Holodiscus sp.); and shrubby oaks (Quercus 
spp.).
    (ii) Elevations of 6,988 to 11,254 feet (2,130 to 3,430 meters).
    (iii) Ground surface in forest areas with
    (A) At least 25 percent or greater of ground surface area of 
coniferous logs at least 10 in (25 cm) in diameter, particularly 
Douglas fir and other woody debris, which are in contact with the soil 
in varying stages of decay from freshly fallen to nearly fully 
decomposed, or
    (B) Structural features, such as rocks, bark, and moss mats, that 
provide the species with food and cover; and

[[Page 56512]]

    (iv) Underground habitat in forest or meadow areas containing 
interstitial spaces provided by:
    (A) Igneous rock with fractures or loose rocky soils;
    (B) Rotted tree root channels; or
    (C) Burrows of rodents or large invertebrates.
    (3) Critical habitat does not include manmade structures (such as 
buildings, fire lookout stations, runways, roads, and other paved 
areas) and the land on which they are located existing within the legal 
boundaries on the effective date of this rule.
    (4) Critical habitat map units. Data layers defining map units were 
created using digital elevation models, GAP landcover data, salamander 
observation data, salamander habitat suitability models, and were then 
mapped using the USA Contiguous Albers Equal Area Conic USGS version 
projection. The maps in this entry, as modified by any accompanying 
regulatory text, establish the boundaries of the critical habitat 
designation. The coordinates or plot points or both on which each map 
is based are available to the public at the Service's Internet site 
(http://www.fws.gov/southwest/es/NewMexico/), at http://www.regulations.gov at Docket No. FWS-R2-ES-2012-0063, and at the New 
Mexico Ecological Services Field Office. You may obtain field office 
location information by contacting one of the Service regional offices, 
the addresses of which are listed at 50 CFR 2.2.
    (5) Note: Index map of critical habitat for the Jemez Mountains 
salamander follows:

[[Page 56513]]

[GRAPHIC] [TIFF OMITTED] TP12SE12.011

* * * * *

    Dated: August 23, 2012.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-21882 Filed 9-11-12; 8:45 am]
BILLING CODE 4310-55-C