[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Proposed Rules]
[Pages 81028-81038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25622]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2022-0081; FF09E21000 FXES1111090FEDR 234]
RIN 1018-BF83


Endangered and Threatened Wildlife and Plants; Threatened Species 
Status With Section 4(d) Rule for the Kern Canyon Slender Salamander 
and Endangered Species Status for the Relictual Slender Salamander; 
Designation of Critical Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; revisions and reopening of comment period.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
reopening the comment period on our October 18, 2022, proposed rule to 
list the Kern Canyon slender salamander (Batrachoseps simatus) and the 
relictual slender salamander (Batrachoseps relictus) under the 
Endangered Species Act of 1973, as amended (Act), and to designate 
critical habitat. This action will allow all interested parties an 
additional opportunity to comment on the October 18, 2022, proposed 
rule, as well as the opportunity to comment on the new areas we are 
considering for relictual slender salamander critical habitat, small 
changes to Kern Canyon slender salamander critical habitat, and our 
updates to the physical or biological features for the Kern Canyon 
slender salamander, in response to previously submitted public 
comments. Comments previously submitted need not be resubmitted as they 
are already incorporated into the public record and will be fully 
considered in the final rule.

DATES: The comment period on the proposed rule that published October 
18, 2022 (87 FR 63150), is reopened. We will accept comments received 
or postmarked on or before December 6, 2023.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R8-ES-2022-0081, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the panel on the left side of 
the screen, under the Document Type heading, check the Proposed Rule 
box to locate this document. You may submit a comment by clicking on 
``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R8-ES-2022-0081, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Information Requested, below, for more information).
    Availability of supporting materials: This document and supporting 
materials (including the species status assessment report, the 
coordinates or plot points or both from which the critical habitat maps 
are generated, comments and information received on the proposed rule, 
the updated economic analysis, and references cited are available at 
https://www.regulations.gov at Docket No FWS-R8-ES-2022-0081.

FOR FURTHER INFORMATION CONTACT: Michael Fris, Field Supervisor, 
Sacramento Fish and Wildlife Office, 2800 Cottage Way, Sacramento, CA 
95825; telephone 916-414-6700. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States. In compliance with the 
Providing Accountability Through Transparency Act of 2023, please see 
Docket No. FWS-R8-ES-2022-0081 on https://www.regulations.gov for a 
document that summarizes this proposed rule.

SUPPLEMENTARY INFORMATION: 

Information Requested

    We will accept written comments and information during this 
reopened comment period on our proposed rule to list the Kern Canyon 
slender salamander and the relictual slender salamander and designate 
critical habitat for both species. We will consider information and 
recommendations from all interested parties. We intend that any final 
action resulting from the proposal will be based on the best scientific 
data available. Our final determination will take into consideration 
all comments and any additional information we receive during the 
reopened comment period on the proposed rule.
    Because we will consider all comments and information received 
during both comment periods, our final determination may differ from 
our October 18, 2022 (87 FR 63150), proposed rule. Based on the new 
information we receive (and any comments on that new information), we 
may conclude that the Kern Canyon slender salamander is endangered 
instead of threatened, that the relictual slender salamander is 
threatened instead of endangered, or we may conclude that either or 
both species do not warrant listing as either endangered species or 
threatened species. For critical habitat, our final designation may not 
include all areas proposed, may include some additional areas that meet 
the definition of critical habitat, and may exclude some additional 
areas if we find the benefits of exclusion outweigh the benefits of 
inclusion and will not lead to the extinction of the species.
    In addition, we may change the parameters of the prohibitions or 
the exceptions to those prohibitions in the proposed 4(d) rule for the 
Kern Canyon slender salamander if we conclude it is appropriate in 
light of comments and new information received. For example, we may 
expand the prohibitions to include prohibiting additional activities if 
we conclude that those additional activities are not compatible with 
conservation of the species. Conversely, we may establish additional 
exceptions to the prohibitions in the final rule if we conclude that 
the activities would facilitate or are compatible with the conservation 
and recovery of the species. In our final rule, we will clearly explain 
our rationale and the basis for our final decision, including why we 
made changes, if any, that differ from this proposal.
    If you already submitted comments or information on the October 18, 
2022, proposed rule, please do not resubmit them. Any such comments are 
incorporated as part of the public record

[[Page 81029]]

of the rulemaking proceeding, and we will fully consider them in the 
preparation of our final determination.
    Comments should be as specific as possible. Please include 
sufficient information with your submission (such as scientific journal 
articles or other publications) to allow us to verify any scientific or 
commercial information you assert. Please note that submissions merely 
stating support for, or opposition to, the action under consideration 
without providing supporting information, although noted, do not 
provide substantial information necessary to support our determination, 
as section 4(b)(2) of the Act directs that designations of critical 
habitat be made ``on the basis of the best scientific data available.''
    We request that you send comments and materials only by one of the 
methods listed in ADDRESSES. If you submit information via https://www.regulations.gov, your entire submission--including your personal 
identifying information--will be posted on the website. 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 https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing the proposed rule, will be available 
for public inspection on https://www.regulations.gov at Docket No. FWS-
R8-ES-2022-0081.

Background

    On October 18, 2022, we published a proposed rule in the Federal 
Register (87 FR 63150) to list the Kern Canyon slender salamander as a 
threatened species with a critical habitat designation of approximately 
2,051 acres (ac) (830 hectares (ha)), and to list the relictual slender 
salamander as an endangered species with a critical habitat designation 
of approximately 2,685 ac (1,087 ha). Both species are found in the 
southern Sierra Nevada mountains.
    During the comment period on the October 18, 2022, proposed rule, 
species experts submitted a comment letter stating that they had 
discovered several new locations where the relictual slender salamander 
occurs. In their comment letter, they stated that they were concerned 
about sharing these new locations due to the potential for increased 
foot traffic and possible disturbance of sensitive habitat for the 
species. After the comment period closed, we met with the experts to 
discuss the risks of sharing the new locations and the lead researcher 
then subsequently provided us the new location data in a way that was 
consistent with our critical habitat mapping methods but does not 
reveal the specific site locations that may be sensitive to trampling 
and disturbance.
    Based on these new data for the relictual slender salamander, we 
have expanded Unit 2 and Unit 3 within the proposed designation to 
include the new locations that contain the physical or biological 
features essential to the conservation of the species. We also added a 
new unit to proposed critical habitat to include new locations in the 
Walker Basin Drainage that also contain the physical or biological 
features essential to the conservation of the species (Unit 4). We are 
adding 2,257 ac (913 ha) to critical habitat for a new total of 4,942 
ac (2,000 ha) proposed for designation for the relictual slender 
salamander. In addition, the experts noted an error in the mapping of 
Kern Canyon slender salamander critical habitat and identified one 
additional location within proposed Unit 3 where the Kern Canyon 
slender salamander occurs and which contains the physical or biological 
features essential to the conservation of the species. We have proposed 
to modify Unit 3 of the proposed designation for the Kern Canyon 
slender salamander to incorporate these changes. In total, these 
changes result in an additional 6 ac (2 ha) of critical habitat for the 
Kern Canyon slender salamander.
    The experts also provided information that the Kern Canyon slender 
salamander makes use of a broader range of habitats than was stated in 
the proposed rule. They stated that the Kern Canyon slender salamander 
has been frequently found on open, rocky slopes adjacent to streams. We 
therefore updated our physical or biological features for the Kern 
Canyon slender salamander in order to reflect this new information.
    Because we received the new location data outside the public 
comment period, we now reopen the comment period to allow for the 
public to review and comment on the new information and the revisions 
to the proposed critical habitat designation. Below, we provide a 
summary of that information. We provide a new description of the 
physical or biological features for the two species that have been 
updated in response to the new information. We also provide the new 
unit descriptions for the units that have changed and the units that 
are being added.

Physical or Biological Features Essential to the Conservation of the 
Species

Space for Individual and Population Growth and for Normal Behavior

    The Kern Canyon slender salamander and the relictual slender 
salamander are endemic to, and occur within or immediately adjacent to, 
humid habitat associated with seeps, springs, and streams in the 
Greenhorn and Piute Mountains in the southern Sierra Nevada in Kern 
County. The Kern Canyon slender salamander's habitat is constrained to 
riparian zones adjacent to seeps, springs, and streams, and open, rocky 
slopes adjacent to streamside habitats that are likely being wetted by 
cryptic seeps. These seeps may not be readily apparent, but can be 
identified by the presence of moisture-dependent vegetation (Evelyn 
2022, pers. comm.; Jockusch 2022, pers. comm.). The relictual slender 
salamander's habitat is constrained to riparian zones adjacent to 
seeps, springs, and streams due to their narrow physiological 
tolerances. Habitat within larger fast-moving bodies of water, such as 
the Kern River, is not suitable habitat and does not contain the 
physical or biological features that support the Kern Canyon slender 
salamander or relictual slender salamander.
    Primary habitat for the Kern Canyon slender salamander is composed 
of wet stream and seep margins within rocky, narrow canyons supporting 
chapparal shrubs, sycamore (Platanus racemosa), California buckeye 
(Aesculus californica), willow (Salix spp.), Fremont cottonwood 
(Populus fremontii), interior live oak (Quercus wislizeni), canyon live 
oaks (Quercus chrysolepis), and foothill pine (Pinus sabiniana). 
Historically, the Kern Canyon slender salamander was found on exposed 
hillsides and open grasslands, but the primary habitat of the species 
is now limited to riparian habitats or other moist microsites (Lannoo 
2005, p. 692; Jockusch 2021b, pers. comm.). However, the species is 
still found in open, rocky habitat within moist microsites that are 
likely being wetted by cryptic seeps (Evelyn 2022, pers. comm.; 
Jockusch 2022, pers. comm.). These seeps may not be readily apparent 
but can be identified by the presence of moisture-dependent vegetation.
    Primary habitat for the relictual slender salamander is composed of 
seeps, perennial springs, and streams in rocky habitat supporting 
limited tree cover of oaks (Quercus spp.), buckeyes (Aesculus spp.), 
sycamores (Platanus

[[Page 81030]]

racemosa), pines (Pinus spp.), and firs (Abies spp.).
    We do not know how much suitable habitat and habitat connectivity 
is required to sustain a viable population of either the Kern Canyon 
slender salamander or the relictual slender salamander. There may be 
distinct, non-interbreeding populations or there may be some level of 
dispersal between localities associated with the same streams or 
different aquatic features providing at least a small level of 
connectivity between individual populations. The minimum number of 
viable populations necessary to sustain the salamanders is unknown. The 
distribution and quantity of available suitable habitat across the 
range necessary to support populations of either the Kern Canyon 
slender salamander or the relictual slender salamander are unknown.
    While the amount of habitat necessary to support Kern Canyon 
slender salamander and relictual slender salamander individual and 
population growth and normal behavior is unknown, preservation of these 
features is essential for the species.

Food, Water, Air, Light, Minerals, or Other Nutritional or 
Physiological Requirements

    The diets of the Kern Canyon slender salamander and the relictual 
slender salamander are assumed to be similar to other Batrachoseps 
species such as the California slender salamander and the Pacific 
slender salamander, which prey upon small invertebrates, earthworms, 
and slugs (Cunningham 1960, p. 98; Adams 1968, p. 171; Stebbins and 
McGinnis 2012, p. 127). The prey-related requirements (abundance, 
diversity, range, etc.) to sustain a viable population of either 
species is unknown.
    Water is essential for survival of the Kern Canyon slender 
salamander and the relictual slender salamander. We have no specific 
information on the amount of water they require; however, both species 
are restricted to patches of humid habitat near sources of water such 
as small seeps, springs, and streams, even if the water source is not 
readily apparent. The relictual slender salamander has a closer 
association with water than other species of terrestrial salamanders as 
relictual slender salamanders have been found submerged in water and 
under cover objects with water beneath them. During times of drought, 
water sources may become scarce, and associated riparian areas may 
become hot and dry. The relictual slender salamander and the Kern 
Canyon slender salamander may need to expend more energy and time to 
search for new water sources and humid habitat or may restrict surface 
activity and foraging time to seek shelter in subterranean refugia to 
avoid desiccation during times of drought.

Summary of Essential Physical or Biological Features for the Kern 
Canyon Slender Salamander

    We derive the specific physical or biological features essential to 
the conservation of the Kern Canyon slender salamander from studies of 
the species' habitat, ecology, and life history as described below. 
Additional information can be found in the SSA report (Service 2022, 
entire; available on https://www.regulations.gov under Docket No. FWS-
R8-ES-2022-0081). We have determined that the following physical or 
biological features are essential to the conservation of the Kern 
Canyon slender salamander:
    (1) Aquatic habitat consisting of seeps, springs, and streams.
    (2) Riparian habitat consisting of terrestrial areas adjacent to 
seeps, springs, and streams that contain:
    a. Sufficient refugia consisting of woody debris, leaf litter, and 
rocks with abundant interstitial spaces to facilitate safe resting, 
foraging, and movement;
    b. Suitable prey to allow for survival, growth, and reproduction; 
and
    c. Riparian vegetation that provides shade cover contributing to 
cool and moist surface conditions for maintaining homeostasis, foraging 
opportunities, and physical structure for predator avoidance.
    (3) Open, rocky slopes that are likely being wetted by cryptic 
seeps due to the presence of moisture-dependent vegetation. These 
slopes should be adjacent to streamside habitat and contain:
    a. Sufficient refugia consisting of debris, vegetation, and rocks 
with abundant interstitial spaces to facilitate safe resting, foraging, 
and movement;
    b. Suitable prey to allow for survival, growth, and reproduction; 
and
    c. Boulders and rocks that provide shade cover contributing to cool 
and moist surface conditions for maintaining homeostasis, foraging 
opportunities, and physical structure for predator avoidance.
    (4) Corridors of aquatic habitat, riparian habitat, or open, rocky 
slopes with moisture-dependent vegetation that provide connectivity 
between patches of occupied habitat to allow for movement of 
individuals.

Summary of Essential Physical or Biological Features for the Relictual 
Slender Salamander

    We derive the specific physical or biological features essential to 
the conservation of the relictual slender salamander from studies of 
the species' habitat, ecology, and life history as described below. 
Additional information can be found in the SSA report (Service 2022, 
entire; available on https://www.regulations.gov under Docket No. FWS-
R8-ES-2022-0081). We have determined that the following physical or 
biological features are essential to the conservation of the relictual 
slender salamander:
    (1) Aquatic habitat consisting of seeps, springs, and streams.
    (2) Riparian habitat consisting of terrestrial areas adjacent to 
seeps, springs, and streams that contain:
    a. Sufficient refugia consisting of woody debris, leaf litter, and 
rocks with abundant interstitial spaces to facilitate safe resting, 
foraging, and movement;
    b. Suitable prey to allow for survival, growth, and reproduction; 
and
    c. Riparian vegetation that provides shade cover contributing to 
cool and moist surface conditions for maintaining homeostasis, foraging 
opportunities, and physical structure for predator avoidance.
    (3) Corridors of aquatic habitat or riparian habitat that provide 
connectivity between patches of occupied habitat to allow for movement 
of individuals.

Proposed Critical Habitat Designation for the Kern Canyon Slender 
Salamander

    We are proposing to designate four units as critical habitat for 
the Kern Canyon slender salamander, for a total of approximately 2,057 
ac (833 ha). The critical habitat areas we describe below constitute 
our current best assessment of areas that meet the definition of 
critical habitat for the Kern Canyon slender salamander. The areas we 
propose as critical habitat are: (1) Bodfish Creek, (2) Erskine Creek, 
(3) Kern Canyon Tributaries, and (4) Kern Canyon Tributaries and 
Connecting Creeks. Table 1 shows the proposed critical habitat units 
and the approximate area of each unit. Unit 3 overlaps with proposed 
critical habitat for the relictual slender salamander.
    For the Kern Canyon slender salamander, the three occupied units 
contain all of the identified physical or biological features and 
support multiple life-history processes, and the one unoccupied unit 
contains only some of the physical or biological features

[[Page 81031]]

necessary to support the Kern Canyon slender salamander's particular 
use of that habitat. The unoccupied unit has aquatic habitat containing 
seeps, springs, and streams that support the life-history needs of the 
species.

                 Table 1--Proposed Critical Habitat Units for the Kern Canyon Slender Salamander
                    [Area estimates reflect all land within critical habitat unit boundaries]
----------------------------------------------------------------------------------------------------------------
                                  Land ownership by                                       Changed since proposed
     Critical habitat unit              type            Size of unit        Occupied?              rule?
----------------------------------------------------------------------------------------------------------------
1. Bodfish Creek...............  Federal...........  125 ac (50 ha)....  Yes............  No.
                                 Unclassified/       19 ac (8).........
                                  Private.
2. Erskine Creek...............  Federal...........  182 ac (74 ha)....  Yes............  No.
                                 Unclassified/       259 ac (105 ha)...
                                  Private.
3. Kern Canyon Tributaries.....  Federal...........  1,383 ac (560 ha).  Yes............  Yes.
                                 Unclassified/       32 ac (13 ha).....
                                  Private.
4. Kern Canyon Tributaries and   Federal...........  25 ac (10 ha).....  No.............  No.
 Connecting Creeks.              Unclassified/       32 ac (13 ha).....
                                  Private.
                                                    --------------------
    Total......................  ..................  2,057 ac (833 ha).
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.

    Below we provide the description of the unit that has been updated 
since the proposed rule.

Unit 3: Kern Canyon Tributaries

    We expanded this unit to include additional habitat occupied by the 
Kern Canyon slender salamander that contains the physical or biological 
features essential to the conservation of the species. We also removed 
one occurrence mapped in error; the total change is 6 ac (2 ha) added 
to the unit. In total, this unit encompasses 1,415 ac (573 ha) within 
Kern County in Sequoia National Forest in the Kern Canyon. This unit 
includes segments of streams and small tributaries that feed into the 
Kern River and associated riparian habitat on the south side of the 
Kern Canyon. Small streams within steep ravines and narrow canyons 
provide habitat for the Kern Canyon slender salamander within this 
unit. The mainstem of the Kern River is not considered to be habitat 
for the Kern Canyon slender salamander within this unit. Some of the 
habitat within this unit is fragmented by highway California State 
Route 178, single lane roads, and recreational development. The 
majority of habitat in this unit is federally owned by the U.S. Forest 
Service (USFS). General land use activities on Federal lands within the 
unit include forest management (for example, fuels reduction, hazard 
tree management, forest restoration, prescribed fire), grazing, highway 
maintenance, and recreational development. Smaller tracts of habitat 
are owned by private entities and contain a small amount of residential 
and recreational development. Wildfire and climate change are the 
primary ongoing threats to habitat within this unit. Physical or 
biological features in this unit may require special management 
considerations or practices to protect them from impacts associated 
with California State Route 178 and other roads, forest management, 
recreational development, residential development, and grazing. This 
unit includes all the physical or biological features. This unit is 
considered occupied.

Proposed Critical Habitat Designation for the Relictual Slender 
Salamander

    We are proposing to designate four units as critical habitat for 
the relictual slender salamander, for a total of approximately 4,942 ac 
(2,000 ha). The critical habitat areas we describe below constitute our 
current best assessment of areas that meet the definition of critical 
habitat for the relictual slender salamander. The four areas we propose 
as critical habitat are: (1) Kern Canyon Tributaries, (2) Lucas Creek, 
(3) Mill Creek and Flying Dutchman Creek, and (4) Walker Basin 
Drainage. Table 2 shows the proposed critical habitat units and the 
approximate area of each unit. Unit 1 overlaps with proposed critical 
habitat for the Kern Canyon slender salamander.
    For the relictual slender salamander, the three occupied units 
contain all of the identified physical or biological features and 
support multiple life-history processes, and the one unoccupied unit 
contains only some of the physical or biological features necessary to 
support the relictual slender salamander's particular use of that 
habitat. The unoccupied unit has aquatic habitat containing seeps, 
springs, and streams that support the life-history needs of the 
species.

                  Table 2--Proposed Critical Habitat Units for the Relictual Slender Salamander
                    [Area estimates reflect all land within critical habitat unit boundaries]
----------------------------------------------------------------------------------------------------------------
                                  Land ownership by                                       Changed since proposed
     Critical habitat unit              type            Size of unit        Occupied?              rule?
----------------------------------------------------------------------------------------------------------------
1. Kern Canyon Tributaries.....  Federal...........  713 ac (289 ha)...  No.............  No.
                                 Unclassified/       10 ac (4 ha)......
                                  Private.
2. Lucas Creek.................  Federal...........  1,109 ac (449 ha).  Yes............  Yes.
                                 Unclassified/       26 ac (11 ha).....
                                  Private.
3. Mill Creek and Flying         Federal...........  2,500 ac (1,012     Yes............  Yes.
 Dutchman Creek.                 Unclassified/        ha).
                                  Private.           151 ac (61 ha)....
4. Walker Basin Drainage.......  Federal...........  419 ac (169 ha)...  Yes............  New unit.
                                 Unclassified/       14 ac (6 ha)......
                                  Private.
                                                    --------------------
    Total......................  ..................  4,942 ac (2,000
                                                      ha).
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.


[[Page 81032]]

    We present brief descriptions of all changed and new units, and 
reasons why they meet the definition of critical habitat for the 
relictual slender salamander, below.

Unit 2: Lucas Creek

    We have expanded this unit to include an additional 372 ac (151 ha) 
to incorporate new occurrences of the species; these new areas contain 
the physical or biological features essential to the conservation of 
the species. In total, this unit encompasses 1,135 ac (460 ha) within 
Kern County to the south of the Kern Canyon in Sequoia National Forest. 
This unit extends south from the Kern Canyon along Lucas Creek and 
unnamed tributaries to Lucas Creek on Breckenridge Mountain. Land 
within this unit is largely undeveloped and only sparsely fragmented by 
single-lane roads, recreational development, and small parcels that 
contain residential development. Most of the habitat in this unit is 
federally owned by the USFS. General land use activities on Federal 
lands within the unit include forest management (for example, fuels 
reduction, timber harvest, hazard tree management, forest restoration, 
prescribed fire), grazing, road maintenance, and recreational 
development. Wildfire and climate change are the primary ongoing 
threats to the habitat in this unit. Physical or biological features in 
this unit may require special management considerations or practices to 
protect them from impacts associated with forest management, roads, 
recreational development, residential development, and grazing. This 
unit includes all the physical or biological features and is considered 
occupied.

Unit 3: Mill Creek and Flying Dutchman Creek

    We have expanded this unit to include an additional 1,452 ac (588 
ha) to incorporate new occurrences of the species; these new areas 
contain the physical or biological features essential to the 
conservation of the species. In total, this unit encompasses 2,651 ac 
(1,073 ha) within Kern County to the south of the Kern Canyon primarily 
within Sequoia National Forest. This unit extends south from the Kern 
Canyon along Mill Creek and unnamed tributaries to Mill Creek on 
Breckenridge Mountain. The unit also includes habitat associated with 
Flying Dutchman Creek and unnamed tributaries to Flying Dutchman Creek 
on Breckenridge Mountain. Land within this unit is largely undeveloped 
and only sparsely fragmented by single-lane roads and some recreational 
development. The majority of habitat in this unit is federally owned by 
the USFS and the Bureau of Land Management (BLM), and a few tracts of 
habitat are owned by private entities. General land use activities on 
Federal lands within this unit include forest management (for example, 
timber harvest, fuels reduction, hazard tree management, forest 
restoration, prescribed fire), grazing, road maintenance, and 
recreational development. Wildfire and climate change are the primary 
ongoing threats to the habitat in this unit. Physical or biological 
features in this unit may require special management considerations or 
practices to protect them from impacts associated with forest 
management, roads, recreational development, and grazing. This unit 
includes all the physical or biological features and is considered 
occupied.

Unit 4: Walker Basin Drainage

    This unit encompasses 433 ac (175 ha) within Kern County on the 
eastern slope of Breckenridge Mountain primarily within Sequoia 
National Forest. This unit extends along four unnamed tributaries 
within the Walker Basin drainage. Land within this unit is largely 
undeveloped and only sparsely fragmented by recreational development. 
The majority of habitat in this unit is federally owned by the USFS, 
and a small area of habitat is privately owned. General land use 
activities on Federal lands within this unit include forest management 
(for example, timber harvest, fuels reduction, hazard tree management, 
forest restoration, prescribed fire), grazing, and recreational 
development. Wildfire and climate change are the primary ongoing 
threats to the habitat in this unit. Physical or biological features in 
this unit may require special management considerations or practices to 
protect them from impacts associated with forest management, 
recreational development, and grazing. This unit includes all the 
physical or biological features and is considered occupied.

Authors

    The primary authors of this document are the staff members of the 
Fish and Wildlife Service's Species Assessment Team and the Sacramento 
Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, we propose further to amend part 17, subchapter B of 
chapter I, title 50 of the Code of Federal Regulations, as proposed to 
be amended at 87 FR 63150 (October 18, 2022) as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, 
unless otherwise noted.

0
2. Further amend Sec.  17.95(d), as proposed to be amended at 87 FR 
63150, by:
0
a. In the entry for ``Kern Canyon Slender Salamander (Batrachoseps 
simatus)'', revising paragraphs (2), (5), and (8); and
0
b. In the entry for ``Relictual Slender Salamander (Batrachoseps 
relictus)'', revising paragraphs (5), (7), and (8) and adding paragraph 
(9).
    The revisions and additions read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (d) Amphibians.
* * * * *
    Kern Canyon Slender Salamander (Batrachoseps simatus)
* * * * *
    (2) Within these areas, the physical or biological features 
essential to the conservation of Kern Canyon slender salamander consist 
of the following components:
    (i) Aquatic habitat consisting of seeps, springs, and streams;
    (ii) Riparian habitat consisting of terrestrial areas adjacent to 
seeps, springs, and streams that contain:
    (A) Sufficient refugia consisting of woody debris, leaf litter, and 
rocks with abundant interstitial spaces to facilitate safe resting, 
foraging, and movement;
    (B) Suitable prey to allow for survival, growth, and reproduction; 
and
    (C) Riparian vegetation that provides shade cover contributing to 
cool and moist surface conditions for maintaining homeostasis, foraging 
opportunities, and physical structure for predator avoidance.
    (iii) Open, rocky slopes that are likely being wetted by cryptic 
seeps due to the presence of moisture-dependent vegetation. These 
slopes should be adjacent to streamside habitat and contain:
    (A) Sufficient refugia consisting of debris, vegetation, and rocks 
with abundant interstitial spaces to facilitate safe resting, foraging, 
and movement;

[[Page 81033]]

    (B) Suitable prey to allow for survival, growth, and reproduction; 
and
    (C) Boulders and rocks that provide shade cover contributing to 
cool and moist surface conditions for maintaining homeostasis, foraging 
opportunities, and physical structure for predator avoidance.
    (iv) Corridors of aquatic habitat, riparian habitat, or open, rocky 
slopes with moisture-dependent vegetation that provide connectivity 
between patches of occupied habitat to allow for movement of 
individuals.
* * * * *
    (5) Index map follows:

BILLING CODE 4333-15-P
[GRAPHIC] [TIFF OMITTED] TP21NO23.008


[[Page 81034]]


* * * * *
    (8) Unit 3: Kern Canyon Tributaries, Kern County, California.
    (i) Unit 3 consists of 1,415 ac (573 ha) in Kern County. Nearly all 
land in the unit (1,383 ac (560 ha)) is owned by USFS (in Sequoia 
National Forest) and BLM, and the remainder is owned by private 
entities. This unit includes land along the southern bank of the Kern 
River from river mile 45.6 to 64.2.
    (ii) Map of unit 3 follows:
* * * * *
[GRAPHIC] [TIFF OMITTED] TP21NO23.009

* * * * *
Relictual Slender Salamander (Batrachoseps relictus)
* * * * *
    (5) Index map follows:

[[Page 81035]]

[GRAPHIC] [TIFF OMITTED] TP21NO23.010

* * * * *
    (7) Unit 2: Lucas Creek, Kern County, California.
    (i) Unit 2 consists of 1,135 ac (460 ha) in Kern County. Nearly all 
of the land (1,109 ac (449 ha)) is within the boundaries of Sequoia 
National Forest, and a small area is privately owned. This unit extends 
south from the Kern Canyon along Lucas Creek and unnamed tributaries to 
Lucas Creek on Breckenridge Mountain.
    (ii) Map of Unit 2 follows:

[[Page 81036]]

[GRAPHIC] [TIFF OMITTED] TP21NO23.011

     (8) Unit 3: Mill Creek and Flying Dutchman Creek, Kern County, 
California.
    (i) Unit 3 consists of 2,651 ac (1,073 ha) in Kern County. The 
majority of land (2,500 ac (1,012 ha)) is within the boundaries of 
Sequoia National Forest, and a small area is privately owned. This unit 
extends south from the Kern Canyon along Mill Creek and unnamed 
tributaries to Mill Creek on Breckenridge Mountain.
    (ii) Map of Unit 3 follows:

[[Page 81037]]

[GRAPHIC] [TIFF OMITTED] TP21NO23.012

    (9) Unit 4: Walker Basin Drainage, Kern County, California.
    (i) Unit 4 consists of 433 ac (175 ha) in Kern County. The majority 
of habitat in this unit (419 ac (169 ha)) is federally owned by the 
USFS, and a small area of habitat is privately owned. This unit extends 
along four unnamed tributaries within the Walker Basin drainage.
    (ii) Map of Unit 4 follows:
    Figure 5 to Relictual Slender Salamander (Batrachoseps relictus) 
paragraph (9)(ii).

[[Page 81038]]

[GRAPHIC] [TIFF OMITTED] TP21NO23.013

* * * * *

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-25622 Filed 11-20-23; 8:45 am]
BILLING CODE 4333-15-C