14750 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 

Facility data Emissions data 

Start Date 

End Date 

More information on these NEI data 

fields can be found in the NEI 

documentation at http://www.epa.gov/ 

ttn/chief/net/ 

2002inventory.html#documentation. 

VII. How do I submit suggested data 

corrections? 

The source category-specific ANPRM 

data sets are available for download on 

the RTR Web page at http:// 

www.epa.gov/ttn/atw/rrisk/rtrpg.html. 

To suggest revisions to this information, 

we request that you complete the 

following steps: 

1. Download the Microsoft Access 

file containing the ANPRM data set for 

a source category. 

2. Within this downloaded file, enter 

suggested revisions in the data fields 

appropriate for that information. The 

data fields that may be revised include 

the following: 

Facility data Emissions data 

REVISED Tribal Code REVISED Emissions (TPY) 

REVISED County Name REVISED MACT Code 

REVISED Facility Name REVISED SCC Code 

REVISED Location Address REVISED Emission Release Point 

REVISED City Name REVISED Stack Height 

REVISED State Name REVISED Exit Gas Temperature 

REVISED Zip Code REVISED Stack Diameter 

REVISED Facility Registry REVISED Exit Gas Velocity 

REVISED State Facility REVISED Exit Gas Flow Rate 

REVISED Facility Category REVISED Longitude 

REVISED Latitude 

REVISED HAP Emissions 

3. Fill in the following commenter 

information fields for each suggested 

revision: 

• Commenter Name. 

• Commenter E-Mail Address. 

• Commenter Phone Number. 

• Revision Comments. 

4. Gather documentation for any 

suggested emissions revisions (e.g., 

performance test reports, material 

balance calculations, etc.). 

5. Send the entire downloaded file 

with suggested revisions in Microsoft

Access format and all accompanying 

documentation to the docket for this 

ANPRM (through one of the methods 

described in the ADDRESSES section of 

this ANPRM). To help speed review of 

the revisions, it would also be helpful 

to submit the suggestions to EPA 

directly at RTR@epa.gov. 

6. If you are providing comments on 

a facility with multiple source 

categories, you need only submit one 

file for that facility, which should 

contain all suggested changes for all 

source categories at that facility. 

We strongly urge that all data revision 

comments be submitted in the form of 

updated Microsoft Access files, which 

are provided on the http://www.epa.gov/ 

ttn/atw/rrisk/rtrpg.html Web page. Data 

in the form of written descriptions or 

other electronic file formats will be 

difficult for EPA to translate into the 

necessary format in a timely manner. 

Additionally, placing the burden on 

EPA to interpret data submitted in other 

formats increases the possibility of 

misinterpretation or errors. 

VIII. What additional steps are 

expected after EPA reviews the 

comments received? 

Once EPA receives comments on the 

Group 2 emissions and emissions 

release data, we plan to revise the 

ANPRM data sets based upon public 

comment and supporting 

documentation, model with the new 

data, and proceed with proposing and 

promulgating residual risk and 

technology review standards as 

appropriate. More detail of this process 

is provided in sections C, D, and E of 

section II of this ANPRM. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances. 

Dated: March 23, 2007. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E7–5805 Filed 3–28–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the Siskiyou Mountains 

Salamander and Scott Bar Salamander 

as Threatened or Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 90-day petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90-day finding on a petition to list the 

Siskiyou Mountains salamander 

(Plethodon stormi) and Scott Bar 

salamander (Plethodon asupak) as 

threatened or endangered, under the 

Endangered Species Act of 1973, as 

amended (Act). We find that the petition 

presents substantial scientific or 

commercial information indicating that 

listing these species may be warranted. 

Therefore, with the publication of this 

notice, we are initiating status reviews 

of these species, and we will issue a 12- 

month finding to determine if the 

petitioned action is warranted. To 

ensure that the status review of the 

Siskiyou Mountains and Scott Bar 

salamanders is comprehensive, we are 

soliciting scientific and commercial data 


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regarding these species. A 

determination on critical habitat will be 

made if and when a listing action is 

initiated for these species. 

DATES: The finding announced in this 

document was made on March 29, 2007. 

To be considered in the 12-month 

finding for this petition, comments and 

information should be submitted to us 

by May 29, 2007. 

ADDRESSES: The complete file for this 

finding is available for public 

inspection, by appointment, during 

normal business hours at the Yreka Fish 

and Wildlife Office, U.S. Fish and 

Wildlife Service, 1829 S. Oregon Street, 

Yreka, CA 96097. Submit new 

information, materials, comments, or 

questions concerning these species to us 

at the address above or via electronic 

mail at Siskiyou_salamander@fws.gov. 

FOR FURTHER INFORMATION CONTACT: Phil 

Detrich, Field Supervisor, Yreka Fish 

and Wildlife Office (see ADDRESSES), or 

at (530) 842–5763. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Public Information Solicited 

When we make a finding that a 

petition presents substantial 

information to indicate that listing a 

species may be warranted, we are 

required to promptly commence a 

review of the status of the species. To 

ensure that the status review is 

complete and based on the best 

available scientific and commercial 

information, we are soliciting 

information on the Siskiyou Mountains 

and Scott Bar salamanders. We request 

any additional information, comments, 

and suggestions from the public, other 

concerned governmental agencies, 

Tribes, the scientific community, 

industry, or any other interested parties 

concerning the status of the Siskiyou 

Mountains and Scott Bar salamanders. 

We are seeking information regarding 

the species’ historical and current status 

and distribution, biology and ecology, 

ongoing conservation measures for the 

species and habitat, and threats to either 

species or habitat. 

Please note that comments merely 

stating support or opposition to the 

actions under consideration without 

providing supporting information, 

although noted, will not be considered 

in making a determination, as section 

4(b)(1)(A) of the Act directs that 

determinations as to whether any 

species is a threatened or endangered 

species shall be made ‘‘solely on the 

basis of the best scientific and 

commercial data available.’’ At the 

conclusion of the status review, we will 

issue the 12-month finding on the 

petition, as provided in section 

4(b)(3)(B) of the Act (16 U.S.C. 1531 et 

seq.). 

If we determine that listing either the 

Siskiyou Mountains salamander or Scott 

Bar salamander is warranted, it is our 

intent to propose critical habitat to the 

maximum extent prudent and 

determinable at the time we would 

propose to list the species. Therefore, 

with regard to areas within the 

geographical area currently occupied by 

the species we also request data and 

information on what may constitute 

physical or biological features essential 

to the conservation of either species, 

where these features are currently 

found, and whether any of these 

features may require special 

management considerations or 

protection. In addition, we request data 

and information regarding whether 

there are areas outside of the 

geographical area occupied by the 

species, which are essential to the 

conservation of either species. Please 

provide specific comments as to what, 

if any, critical habitat should be 

proposed for designation, if either 

species is proposed for listing, and why 

that proposed habitat meets the 

requirements of the Act. 

If you wish to comment or provide 

information, you may submit your 

comments and materials concerning this 

finding to the Field Supervisor (see 

ADDRESSES) by the date listing in the 

DATES section. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. Comments and materials received 

will be available for public inspection, 

by appointment, during normal business 

hours at the address listed in the 

ADDRESSES section. 

Background 

Section 4(b)(3)(A) of the Act requires 

that the Service make a finding on 

whether a petition to list, delist, or 

reclassify a species presents substantial 

scientific or commercial information 

indicating that the petitioned action 

may be warranted. The finding is based 

on information contained in the petition 

and information otherwise available in 

our files at the time we make the 

finding. To the maximum extent 

practicable, we are to make the finding 

within 90 days of our receipt of the 

petition, and publish our notice of the 

finding promptly in the Federal 

Register. 

In making this finding, we relied on 

information provided by the petitioners 

and otherwise available in our files at 

the time of the petition review. We had 

access to a Geographic Information 

System database of all known Siskiyou 

Mountains salamander and Scott Bar 

salamander sites, based on data 

obtained from researchers, the State of 

California, the United States Forest 

Service, and private land managers. We 

evaluated the information provided by 

the petitioners in accordance with 50 

CFR 424.14(b). The process of making a 

90-day finding under section 4(b)(3)(A) 

of the Act and § 424.14(b) of our 

regulations is based on a determination 

of whether the information in the 

petition meets the ‘‘substantial scientific 

or commercial information’’ threshold. 

A substantial finding should be made 

when the Service deems that adequate 

and reliable information has been 

presented that would lead a reasonable 

person to believe that the petitioned 

action may be warranted. 

Our standard for substantial scientific 

or commercial information within the 

Code of Federal Regulations (CFR) with 

regard to a 90-day petition finding is 

‘‘that amount of information that would 

lead a reasonable person to believe that 

the measure proposed in the petition 

may be warranted’’ (50 CFR 424.14(b)). 

If we find that substantial scientific or 

commercial information was presented, 

we are required to promptly commence 

a status review of the species. 

On June 18, 2004, we received a 

petition dated June 16, 2004, from the 

Center for Biological Diversity, KlamathSiskiyou Wildlands Center, and Noah 

Greenwald, to list the Siskiyou 

Mountains salamander (Plethodon 

stormi) as a threatened or endangered 

species on behalf of themselves and five 

other organizations. The petition clearly 

identified itself as such and included 

the requisite identification information 

for the petitioners, as required in 50 

CFR 424.14(a). In their petition, the 

petitioners assert that there are three 

separate distinct population segments 

(DPSs) of the Siskiyou Mountains 

salamander, one of which consists of the 

Scott Bar salamander. Alternatively, the 

petitioners assert that the Scott Bar 

salamander is a separate species and 

request that it be considered 

independently for listing. Since the time 

of the petition, the Scott Bar salamander 

(Plethodon asupak) has been recognized 

as a species separate from the Siskiyou 

Mountains salamander (Mead et al. 


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2005) and we have reviewed it 

separately in making this finding. The 

petitioners also requested the Service to 

consider whether the Siskiyou 

Mountains salamander warrants listing 

throughout a significant portion of its 

range, and requested designation of 

critical habitat for both species 

concurrent with their listing. In a July 

19, 2004, letter to the petitioners, we 

responded that we reviewed the petition 

for both species and determined that an 

emergency listing was not warranted, 

and that because of inadequate funds for 

listing and critical habitat designation, 

we would not be able to otherwise 

address the petition to list the Siskiyou 

Mountains salamander and Scott Bar 

salamander at that time. 

On June 23, 2005, we received a 60- 

day notice of intent to sue, and on 

August 23, 2005, the Center for 

Biological Diversity and four other 

groups filed a Complaint for Declaratory 

and Injunctive Relief in Federal District 

Court for the District of Oregon (Center 

for Biological Diversity, et al. v. Norton 

et al., No. 3:05-CV–1311-BR), 

challenging our failure to issue a 90-day 

finding on the petition to list the 

Siskiyou Mountains salamander and 

Scott Bar salamander. On December 28, 

2005, we reached an agreement with the 

plaintiffs to complete the 90-day finding 

by April 15, 2006, and if we determined 

that the petition presented substantial 

information that listing may be 

warranted, to complete the 12-month 

finding by January 15, 2007. 

On April 17, 2006, the Service made 

its 90-day finding (71 FR 23886; April 

25, 2006). That finding concluded that 

the petition did not present substantial 

scientific or commercial information to 

warrant the listing of Siskiyou 

Mountains and Scott Bar salamanders. 

On July 6, 2006, the Center for 

Biological Diversity and others filed suit 

in the United States District Court for 

the Northern District of California 

(Center for Biological Diversity et al. vs. 

Dirk Kempthorne et al., No. C–06–4186–

WHA) challenging the merits of our 

April 17, 2006, 90-day finding. 

On January 19, 2007, the U.S. District 

Court determined the 90-day finding 

was arbitrary and capricious, and the 

Court vacated and remanded the 

finding, and ordered the Service to 

make a new 90-day finding by March 

23, 2007. This new finding complies 

with the Court’s order. 

Species Information 

For the purpose of this finding, the 

Service is evaluating the Siskiyou 

Mountains salamander and Scott Bar 

salamander separately. However, we 

recognize that all research on the 

ecology of these species was conducted 

prior to recognition of the Scott Bar 

salamander as a separate species. To 

date, information specific to the Scott 

Bar salamander is limited to its 

distribution and range. Both species are 

members of the Family Plethodontidae, 

the lungless salamanders, and as such 

their survival is dependent upon similar 

ecological requirements. The geographic 

ranges of the Siskiyou Mountains 

salamander and Scott Bar salamander 

are contiguous, but not overlapping, 

occur over a relatively small area 

(approximately 405,000 acres (ac) 

(164,000 hectares (ha))), and have 

similar environmental conditions. 

Additionally, information in our files 

suggests that habitat associations of 

these species are generally the same, 

although a rigorous study comparing 

their habitat requirements has not been 

conducted. The most significant 

difference between these species is their 

range; the range of the Siskiyou 

Mountains salamander is approximately 

five times larger than that of the Scott 

Bar salamander. Therefore, for the 

purpose of this finding, the Service 

applied the current literature describing 

the biological characteristics and 

ecology of the Siskiyou Mountains 

salamander to both species. 

Description and Taxonomy 

Like others in the family 

Plethodontidae, the Siskiyou Mountains 

salamander and Scott Bar salamander 

are completely terrestrial, mediumsized, slender-bodied salamanders with 

short limbs and a dorsal stripe. Both 

species are found in or near talus (loose 

surface rock) and fissured rock outcrops 

where moisture and humidity are high 

enough to allow respiration through 

their skin (Nussbaum et al. 1983). Both 

species are endemic to the KlamathSiskiyou Mountains of southern Oregon 

and northern California. 

The Siskiyou Mountains salamander 

was described in 1965 (Highton and 

Brame 1965), and is characterized by a 

modal number of 17 costal grooves 

(vertical creases along the side of the 

body) and 4 to 5.5 intercostal folds 

(folds of skin between the costal 

grooves) between the toes of adpressed 

limbs (limbs firmly pressed against the 

sides of the body) (Nussbaum et al. 

1983; Leonard et al. 1993). Adults have 

a light-to purplish-brown dorsum, and 

the body is sprinkled with a moderate 

to dense array of white to yellow flecks 

that are concentrated on the sides and 

limbs and away from the light-brown 

dorsal stripe. Juveniles are black and 

have an olive-tan dorsal stripe that 

extends onto the tail. 

Recent genetic analyses recognize the 

Siskiyou Mountains salamander as a 

distinct species from the Del Norte 

salamander (Plethodon elongatus) and 

the Scott Bar salamander (Mead et al. 

2002, 2005; Mahoney 2004; Bury and 

Welsh 2005). Previously, observations of 

clinal variation in color and 

morphometric traits from coastal 

populations of Del Norte salamanders 

along the Klamath River to Siskiyou 

Mountains salamander populations in 

the Seiad Valley led Bury (1973) to 

propose possible intergradation between 

these two species, and Stebbins (1985, 

2003) to demote the Siskiyou Mountains 

salamander to a subspecies of Del Norte 

salamander. 

A number of studies (Pfrender and 

Titus 2002; DeGross 2004; Mead et al. 

2005) have delineated three distinct 

genetic lineages within the Siskiyou 

Mountains salamander: Group I (P. 

stormi populations within the 

Applegate River drainage north of the 

Siskiyou crest), Group II (P. stormi 

populations south of the Siskiyou crest), 

and Group III (P. asupak populations). 

However, Group III is now considered a 

separate species, Scott Bar salamander. 

Mead et al. (2005) described 

Plethodon asupak, the Scott Bar 

salamander, as a new species based on 

analysis of molecular (mitochondrial 

DNA) and morphological data from 

Plethodon populations near the 

confluence of the Klamath and Scott 

Rivers in Siskiyou County, California 

(Mahoney 2004; Mead et al. 2002, 2005). 

Molecular analysis shows the Scott Bar 

salamander to be the ancestral lineage 

from which the Del Norte salamander 

and Siskiyou Mountains salamander 

were derived (Mahoney 2004; Mead et 

al. 2002, 2005). For the purpose of this 

finding, the Service is evaluating the 

Scott Bar salamander as a species 

separate from the Siskiyou Mountains 

salamander. We recognize, however, 

that genetic research on these 

salamanders is ongoing, and the species’

designations may be reconsidered in the 

future. 

The Scott Bar salamander is more 

robust and has a wider head and longer 

limbs than either of its two most closely 

related sister species, the Del Norte 

salamander and Siskiyou Mountains 

salamander. It has fewer intercostal 

folds (2.5 to 3.5) between adpressed 

(flatly pressed back) limbs than either 

the Del Norte salamander (5 to 6) or the 

Siskiyou Mountains salamander (4 to 5), 

and the modal number of costal grooves 

(17) is one fewer than in the Del Norte 

salamander (18). The Scott Bar 

salamander has a longer body relative to 

its tail length and longer forelimbs and 

hindlimbs than the Siskiyou Mountains 


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salamander or Del Norte salamander. 

The coloration of the Scott Bar 

salamander is similar to that of the 

Siskiyou Mountains salamander and is 

described in Mead et al. (2005). Despite 

the morphological differences described 

in Mead et al. (2005), the two species 

are very difficult to distinguish in the 

field. 

Habitat 

Siskiyou Mountains salamanders and 

Scott Bar salamanders are found on 

forested slopes where rocky soils and 

talus outcrops occur. Occupied habitat 

for the Siskiyou Mountains salamander 

can range from small isolated rock 

outcrops to entire hillsides (Clayton et 

al. 2004). Occasionally these 

salamanders can be found under other 

types of cover such as bark, limbs, or 

logs, but only during wet weather when 

moisture is high and only if there are 

talus outcrops nearby (Nussbaum 1974; 

Nussbaum et al. 1983). Nussbaum 

(1974) characterized optimal habitat for 

the Siskiyou Mountains salamander as 

stabilized talus in old-growth forest 

stands on north-facing slopes. However, 

more recently, populations of both 

species have been found in rock 

outcrops in all forest age classes and on 

all slope aspects (Clayton et al. 2004; 

U.S. Department of Interior (USDI) 

2005), as well as in managed stands 

(CDFG 2005). Siskiyou Mountains 

salamanders have been collected in the 

spring during the daytime at soil 

temperatures ranging from 38 to 52.3 

degrees Fahrenheit (3.5 to 11.3 degrees 

Celsius) and at depths ranging from 0 to 

18.0 inches (0 to 45.7 centimeters) 

(Nussbaum et al. 1983; Nussbaum 

1974). 

Range and Distribution 

The Siskiyou Mountains salamander’s 

range encompasses approximately 

337,037 ac (136,500 ha) in three 

counties (Jackson, Josephine, and 

Siskiyou Counties) of southwestern 

Oregon and in northern California 

(Clayton and Nauman 2005a). More 

specifically, this species has been 

detected in the Applegate River 

drainage of southern Oregon south to 

the Klamath River watershed of 

northern California. In California, recent 

genetic analyses indicate the species’

range is bounded to the west by the 

Indian Creek drainage and to the east by 

the Horse Creek drainage (see DeGross 

2004; Mahoney 2004; Mead et al. 2005; 

Mead 2006). It is known from sites 

ranging from 1,600 feet (488 meters) 

(Nussbaum et al. 1983) to approximately 

1,800 meters (6,000 feet) in elevation 

(Clayton et al. 1999). Approximately 90 

percent of the Siskiyou Mountains 

salamander’s range occurs on Federal 

lands managed under the Northwest 

Forest Plan (NWFP) (USDA, USDI 

1994). Within the NWFP area, 36 

percent of the salamander’s range occurs 

in reserves (Late-Successional Reserves, 

Administratively Withdrawn Areas, and 

Congressionally Reserved Areas), where 

timber harvest and other grounddisturbing activities are severely 

restricted; 10 percent occurs within 

Matrix lands generally available for 

timber harvest; and 44 percent occurs in 

Adaptive Management Areas (AMA), 

where habitat management guidelines 

are flexible and some timber harvest is 

expected to occur. The remaining 10 

percent of the species’ range occurs on 

private lands. 

To date, approximately 200 Siskiyou 

Mountains salamander sites have been 

located (Clayton and Nauman 2005a). 

This number represents an unknown 

proportion of the total population, 

because surveys have not been 

conducted over the species’ entire 

range. These sites occur primarily on 

Federal lands and are distributed across 

several NWFP land use allocations 

(Clayton et al. 2004). The USDA, USDI 

Species Review Panel (2002) reported 

that approximately 23 percent of known 

sites occur on reserve lands (LateSuccessional Reserves and 

Congressionally Withdrawn Areas) 

(USDA, USDI 1994). The remaining sites 

occur on Adaptive Management Areas, 

Matrix lands, and private lands. 

The Scott Bar salamander is found 

only in Siskiyou County, California, 

from just east of Seiad Valley to Scott 

Bar Mountain (Clayton and Nauman 

2005b). The species’ range extends 

north and south of the Klamath River 

and east and west of the Scott River and 

encompasses approximately 68,438 ac 

(27,717 ha). Approximately 82 percent 

of the Scott Bar salamander’s range 

occurs on Federal lands: 58 percent on 

reserves (Late-Successional Reserves) 

and 24 percent on Matrix lands (USDA, 

USDI 1994). The remaining 18 percent 

of the species’ range occurs on private 

lands. 

Clayton and Nauman (2005b) reported 

that fewer than 10 sites are currently 

known for the Scott Bar salamander, 

although other sites are suspected. 

Based on our internal review of recent 

genetic analyses (Mahoney 2004; 

Mahoney 2005; Mead et al. 2005; Mead 

2006), 17 Scott Bar salamander sites 

have now been verified. Within the 

presumed range of the Scott Bar 

salamander, numerous historical 

salamander detections have been 

assigned to the Siskiyou Mountains 

salamander. Because populations of the 

two species tend not to overlap (Mead 

2006), it is reasonable to conclude that 

all salamander detections within what is 

now known to be the range of the Scott 

Bar salamander are Scott Bar 

salamanders. Thus, information in our 

files suggests that, within the range of 

the Scott Bar salamander, there are 

roughly 20 known salamander sites that 

are likely occupied by Scott Bar 

salamanders and are in addition to the 

17 noted above (USDI 2006). To date, 

systematic surveys have not been 

conducted throughout this species’

range; however, additional sites may be 

discovered in the future. 

The 17 verified localities of the Scott 

Bar salamander are distributed across 

several watersheds that encompass the 

majority of the species’ known range. Of 

these localities, 82 percent occur on 

Federal lands: 35 percent on reserves 

(Late-Successional Reserves) and 47 

percent on Matrix lands (USDA, USDI 

1994). The remaining 18 percent of the 

verified localities occur on private 

lands. Although the sample of known 

sites was not collected systematically, 

this distribution suggests that the 

species may be well distributed within 

its range. 

Although the historic range of the 

Siskiyou Mountains salamander is 

unknown, the Service assumes that it 

was bounded to the west and south by 

the range of the Del Norte salamander 

(Plethodon elongatus), and to the east 

and northeast by drier climatic 

conditions and the associated vegetation 

communities. The range of the Scott Bar 

salamander consists of a polygon 

surrounded by the range of the Siskiyou 

Mountains salamander. The existing 

distribution of occupied sites for these 

species closely matches this description, 

and neither the petition nor information 

in our files provides information to 

suggest that a decline in extent of range 

has occurred for either species. 

Similarly, neither the petition nor 

information in our files provides 

information to suggest that significant 

areas within the species’ ranges no 

longer support salamander populations. 

The petition states that significant 

portions of the species’ ranges have 

been logged, suggesting the loss of 

salamander populations. However, as 

discussed in more detail below under 

Threats Analysis, Factor A, information 

from our files suggests that sites often 

remain occupied following logging 

(Farber et al. 2001; Clayton et al. 2004; 

CDFG 2005) or are recolonized after a 

few years (Welsh and Ollivier 1995). In 

addition, the Services’ evaluation of the 

distribution of known salamander 

locations indicates that the salamanders 

are well-distributed throughout their 

ranges, including many areas with 


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evidence of past logging, with large gaps 

corresponding to roadless areas that 

have received little to no survey effort. 

Evaluation of the range and potential 

population size for the Siskiyou 

Mountains salamander and Scott Bar 

salamander is strongly influenced by the 

species’ low detectability and the 

amount and distribution of potentially 

suitable habitat. Because of their 

secretive habits, detection rates for these 

salamanders are very low, even though 

the species may be quite abundant 

locally (Nussbaum 1974; Clayton et al. 

1999). Surveys within habitat known to 

be occupied are frequently negative 

(Clayton et al. 2004; CDFG 2005). 

Populations at individual sites likely 

range in size from a few individuals to 

thousands of individuals (Nussbaum 

1974; Welsh and Lind 1992). Based on 

intensive field surveys, Nussbaum 

(1974) provided a species-wide 

‘‘conservative estimate’’ of over 3 

million Siskiyou Mountains 

salamanders. While the author 

acknowledged that a number of 

methodological problems may affect this 

estimate, it nonetheless suggests that the 

perceived rarity of this species may be 

more related to low detectability than to 

actual population size. 

The USDA, USDI Species Review 

Panel (2001) evaluated results of project 

surveys conducted in the northern 

portion of the Siskiyou Mountains 

salamander’s range, and estimated that 

3 to 14 percent of the extent surveyed 

provides potentially suitable habitat. In 

a similar evaluation, Timber Products 

Company estimated that approximately 

18 percent of their surveyed lands 

within the range of the Scott Bar 

salamander was composed of suitable 

talus habitat (S. Farber pers. comm. 

2006). The information from both 

surveys suggests that suitable habitat for 

these species is patchy, and comprises 

a minor portion of these species’ ranges. 

Threats Analysis 

Section 4 of the Act and its 

implementing regulations (50 CFR 424) 

set forth the procedures for adding 

species to the Federal lists of 

Endangered and Threatened Wildlife 

and Plants. A species may be 

determined to be an endangered or 

threatened species due to one or more 

of the five factors described in section 

4(a)(1) of the Act: (A) Present or 

threatened destruction, modification, or 

curtailment of habitat or range; (B) 

overutilization for commercial, 

recreational, scientific, or educational 

purposes; (C) disease or predation; (D) 

inadequacy of existing regulatory 

mechanisms; or (E) other natural or 

manmade factors affecting its continued 

existence. In making this finding, we 

evaluated whether threats to the 

Siskiyou Mountains salamander and 

Scott Bar salamander as presented in the 

petition pose a concern with respect to 

the species’ survival such that listing 

under the Act may be warranted. Our 

evaluation of these threats, based on 

information provided in the petition 

and available in our files, is presented 

below. 

A. Present or Threatened Destruction, 

Modification, or Curtailment of the 

Species’ Habitat or Range 

The petition claims that logging and 

wildfire pose the primary threats to 

Siskiyou Mountains salamander’s and 

Scott Bar salamander’s habitat and 

populations by altering habitat 

structures that influence the 

microclimatic conditions required by 

both species. The petition states that 

logging and wildfire increase surface 

temperatures and decrease relative 

humidity and soil moisture by removing 

forest cover. It also states that logging 

has the additional effect of compacting 

and realigning talus substrates. The 

petition states that it is likely a 

substantial, yet unquantified, amount of 

habitat has already been lost due to 

logging activities. 

According to the petition, the effects 

of logging and wildfire on Siskiyou 

Mountains and Scott Bar salamanders 

are based on a sequence of 

relationships: the unique physiology 

and behavior of these species, their 

dependence on moist surface conditions 

in order to forage and reproduce, 

reduction of the occurrence of favorable 

surface conditions following loss of 

forest cover, and loss of viability of 

salamander populations inhabiting the 

resulting unfavorable conditions. Based 

on these assertions, the petition 

concludes that the rate and extent of 

timber harvest and fires will likely 

cause the two species to be threatened 

or endangered due to habitat loss in the 

foreseeable future. 

The petition describes the 

physiological and behavioral traits of 

Siskiyou Mountains salamanders and 

Scott Bar salamanders that link them to 

habitats that provide moist conditions. 

Both species are lungless salamanders 

that require moisture in order to respire 

through their skin and to avoid 

dessication (Nussbaum et al. 1983). 

These traits act to limit the time during 

which the species can be active at the 

surface where foraging takes place 

(Nussbaum et al. 1983; Feder 1983). In 

the warm, dry environment 

characteristic of the eastern Klamath—

Siskiyou Mountains, surface conditions 

favorable for activity by these 

salamanders is limited to relatively brief 

rainy periods in the spring and fall 

when soil moisture and relative 

humidity are high and temperatures 

moderate (Nussbaum et al. 1983; 

Clayton et al. 1999). This limitation is 

reflected in survey protocols for 

Siskiyou Mountains salamander, which 

require that surveys be restricted to 

periods of relative humidity above 65 

percent, air temperature between 39.2 

and 68 Fahrenheit (4 to 20 degrees 

Celsius), soil temperature between 38.3 

and 64.4 degrees Fahrenheit (3.5 to 18 

degrees Celsius), and moist soil 

conditions; outside of these parameters 

detection rates are low (Clayton et al. 

1999). During the remainder of the year, 

these salamanders retreat underground 

into fissured rock substrates (Nussbaum 

et al. 1983). 

Based on the relationships described 

above, the petition claims that habitat 

conditions that further limit above 

ground activity will result in reduced 

abundance and viability of Siskiyou 

Mountains salamander and Scott Bar 

salamander populations. The petition 

cites Ollivier et al. (2001), who state that 

shortened periods of surface conditions 

appropriate for feeding and breeding 

activities can limit both survivorship 

and recruitment of these salamanders 

due to reduced ability to achieve body 

mass and fat needed for reproduction. 

Based on physiological and ecological 

studies of plethodontid salamanders 

(Feder 1983), and the association of 

Siskiyou Mountains and Scott Bar 

salamanders (and the closely related Del 

Norte salamander in the Klamath 

province) with mature forested habitats 

(Nussbaum et al. 1983; Welsh and Lind 

1988, 1991, 1995; Ollivier et al. 2001), 

it is reasonable to conclude that 

individuals living in drier, more open 

conditions may experience reduced 

fitness. 

The petition cites Chen et al. (1993) 

to support the claim that removing or 

reducing canopy during logging or other 

activities can alter stand microclimates, 

which in turn would result in 

conditions unsuitable for surface 

activity by salamanders. Information in 

our files suggests that microclimatic 

variables such as soil moisture, fuel 

moisture, relative humidity, and air 

temperature are sensitive to changes in 

canopy, with open-canopied and 

unforested sites exhibiting drier 

conditions, reduced humidity, and 

warmer air and soil temperatures (Chen 

et al. 1995; Chen et al. 1999). 

The petition states that rigorous preand post-logging studies have not been 

conducted on Siskiyou Mountains 

salamanders or Scott Bar salamanders. 

Information in our files also indicates 


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that this type of study has not been 

conducted on the similar Del Norte 

salamander in the drier portions of its 

range. However, the petition cites 

several studies from across North 

America (Dupuis et al. 1995; Ash 1997; 

deMaynadier and Hunter 1998; Herbeck 

and Larsen 1999) and specific to the 

Pacific Northwest (Bury and Corn 1988; 

Raphael 1988; Welsh 1990; Corn and 

Bury 1991; Welsh and Lind 1988, 

1991,1995) that describe impacts of 

logging to other plethodontid 

salamanders. It is important to note that 

studies conducted in eastern and midwestern North America and much of the 

Pacific Northwest (Bury and Corn 1988; 

Raphael 1988; Welsh 1990; Corn and 

Bury 1991; Welsh and Lind 1988, 

1991,1995; and Grialou et al. 2000) were 

conducted in mesic (relatively wet) 

forest types where environmental 

constraints (moisture, temperature) on 

salamander dispersal and survival are 

presumably less than in the dry eastern 

Klamath Mountains. In addition, most 

plethodontid salamander species 

studied in other areas of North America 

occupy soil, surface litter, and woody 

debris in mesic environments, whereas 

Siskiyou Mountains salamanders and 

Scott Bar salamanders occupy talus 

substrates that provide refuge from 

temperature extremes and dry 

conditions in xeric (relatively dry) 

environments. Therefore, inferences 

drawn from studies of other 

plethodontid species in mesic 

environments may be limited in their 

applicability to Siskiyou Mountains 

salamander or Scott Bar salamander 

populations in the dry eastern Klamath 

Mountains. 

Studies from the midwestern and 

eastern United States (Ash 1997; 

deMaynadier and Hunter 1998; Herbeck 

and Larsen 1999) and western Canada 

(Dupuis et al. 1995) indicate that clearcutting can have significant short-term 

impacts to plethodontid salamander 

abundance, and that second-growth 

stands that regenerate following clearcutting typically do not support the 

same level of abundance as do older 

forests. Dupuis et al. (1995), Ash (1997), 

and Herbeck and Larsen (1999) reported 

that plethodontid salamanders were 

frequently absent from 2-to-5-year-old 

clear-cut forests. 

All of the studies that examined 

relative abundance of plethodontid 

salamanders in different forest age 

classes (Dupuis et al. 1995; 

deMaynadier and Hunter 1998; Herbeck 

and Larsen 1999) found that secondgrowth stands supported salamanders, 

albeit at significantly lesser abundance 

than older forests. However, the impact 

of clear-cutting on salamanders may be 

temporary, as one study (Ash 1997) 

showed that salamanders returned to 

clear-cut sample plots 4 to 6 years after 

cutting, and their numbers increased 

rapidly. Linear regressions estimated 

that salamander numbers on clear-cut 

plots would equal or exceed numbers on 

forested plots by 20 to 24 years after 

cutting (Ash 1997). 

Studies of more closely related 

plethodontid salamanders in the Pacific 

Northwest (Raphael 1988; Welsh 1990; 

Corn and Bury 1991; Welsh and Lind 

1988, 1991,1995) found the abundance 

of plethodontid salamanders to be 

greater in older versus younger forests, 

and most of these studies found that 

difference to be significant. However, 

salamanders were still present in 

harvested areas. Raphael (1988) reported 

that while Del Norte salamanders were 

2 to 3 times more abundant in adjacent 

old-growth forest, clear-cut areas still 

contained the species. Additional 

information in our files (Grialou et al. 

2000) also suggests that western redbacked salamanders (Plethodon 

vehiculum) occupy recent clear-cut 

areas (2 to 4 years), although at a 

significantly lesser abundance than in 

adjacent older forests. H. Welsh and D. 

Ashton (2004) obtained similar results 

for Del Norte salamanders on the Six 

Rivers National Forest, where 

salamander abundance showed a 

marked decline following clear-cutting, 

but remained relatively stable in a 

lightly harvested stand. However, 

studies are not consistent with respect 

to abundance on recently clear-cut sites. 

Bury and Corn (1988) reported 

plethodontid salamanders to be absent 

in their two clear-cut sites, but their 

results were equivocal because 

detection rates of plethodontid 

salamanders were very low in all of the 

habitats studied. In contrast to the above 

studies, Corn and Bury (1991) found 

abundance of western red-backed 

salamanders was not significantly 

different between clear-cut areas less 

than 10 years old and old-growth forest. 

Few peer-reviewed studies exist in 

our files comparing the demographics of 

plethodontid salamander populations in 

clear-cut areas and adjacent forest. 

Grialou et al. (2000) studied the 

abundance and demographics of 

salamanders, including two 

plethodontid species, in mesic forests in 

southwestern Washington. In the year 

following clear-cut harvesting, body 

sizes of western subadult and juvenile 

red-backed salamanders were smaller, 

but attained normal size distribution by 

the second-year post harvest. Gravid 

females were captured on clear-cut plots 

before and after harvest. Knapp et al. 

(2003) used a randomized, replicated 

design to quantify plethodontid 

salamander populations on harvested 

timberlands of the Appalachian 

Mountains in Virginia and West 

Virginia. While salamander abundance 

was less on clear-cut areas versus 

control areas, there were no differences 

between cut and uncut treatments in the 

proportion of gravid females or in the 

average number of eggs in gravid 

females. Moreover, there were no 

differences between cut and uncut 

treatments in the proportion of the 

sample that was juvenile, except in one 

plethodontid species, which had a 

higher proportion of juveniles in uncut 

treatments. 

Because most of the aforementioned 

studies have been conducted on other 

plethodontid species in mesic 

environments, the Service believes that 

our evaluation should focus primarily 

on information collected from Siskiyou 

Mountains salamander and Scott Bar 

salamander populations. The petition 

claims that a study of habitat 

associations of Siskiyou Mountains 

salamander by Ollivier et al. (2001) 

demonstrates that the species is 

threatened by logging. Ollivier et al. 

(2001) conducted presence/absence 

surveys for salamanders at 239 random 

locations within the range of Siskiyou 

Mountains salamander (some samples 

were within the range of the Scott Bar 

salamander), and concluded that the 

species was strongly associated with 

characteristics of mature forests such as 

closed canopies, large tree diameters, 

and a mossy ground cover layer. Based 

on this conclusion, the petition infers 

that removal of forest cover would result 

in habitat conditions unsuitable for the 

salamanders. While the study design 

employed by Ollivier et al. (2001) did 

not compare salamander abundance preand post-harvest, their sample 

contained 42 precanopy plots (0-to-30- 

year-old clearcuts). Subsequent to the 

study by Ollivier et al. (2001), State and 

private biologists conducted numerous 

surveys and detected Siskiyou 

Mountains salamanders and Scott Bar 

salamanders in previously logged sites 

(Farber et al. 2001; CDFG 2005). These 

surveys followed no sampling design 

and cannot be used to infer a lack of 

impacts caused by logging; however, 

they do suggest that salamander 

populations persist at sites that have 

been logged. 

After reviewing data collected by 

Ollivier et al. (2001) and sampling 

results obtained by the California 

Department of Fish and Game (CDFG), 

H. Welsh and D. Ashton (2004) 

concluded that the viability of Siskiyou 

Mountains salamander populations is 

compromised following clear-cutting. 


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They based this conclusion on the high 

proportion (64 percent) of juvenile and 

subadult animals in the sample obtained 

by CDFG in non-forested habitats, and 

speculated that this was an indication of 

a ‘sink’ population of dispersing 

individuals and low levels of 

reproduction. Without further research, 

the effects of forest canopy removal on 

the abundance and demographics of 

Siskiyou Mountains salamander and 

Scott Bar salamander populations 

following logging will remain poorly 

understood. Two studies examining this 

question are currently in progress: one 

involving the Service, the Redwood 

Sciences Laboratory, and Humboldt 

State University, and one being 

conducted by Timber Products 

Company. 

The petition also states that gaps 

created in the species’ range by logging 

could compromise the species’ viability. 

The petition claims that the biology of 

the species, narrow habitat niche, 

naturally fragmented habitat, and 

patchy distribution limit the species’

ability to recover from disturbances. The 

petition cites Blaustein et al. (1995) to 

support the claim that when local 

populations of Siskiyou Mountains 

salamander are extirpated, there is little 

chance that the habitat will be 

recolonized. However, evidence in the 

petition and in Service files suggests 

that dispersing juveniles readily 

colonize logged sites (Welsh 2005) and 

road cutbanks (Nussbaum 1974), 

suggesting that dispersal may not be as 

limited as previously thought. The 

biology of the Siskiyou Mountains 

salamander and the Scott Bar 

salamander may limit their ability to 

recolonize vacant sites; however, 

neither the petition nor information in 

our files demonstrates that logging 

creates gaps in plethodontid salamander 

distribution by extirpating species from 

a site. 

The petition also states that other 

actions, including tractor logging, road 

construction, mining, and recreational 

development, have resulted in, and will 

continue to result in, degradation, loss, 

or fragmentation of Siskiyou Mountains 

salamander habitat. The petition cites 

Welsh and Ollivier (1995) as suggesting 

that tractor yarding may impact 

Siskiyou Mountains salamander habitat 

by compacting, breaking, or realigning 

talus. Although it is reasonable to 

conclude that tractor yarding may 

disturb talus substrates, field studies 

have not demonstrated how this impacts 

salamander populations. The petition 

also cites deMaynadier and Hunter 

(2000) as indicating that plethodontid 

salamanders are sensitive to population 

fragmentation by logging roads. Results 

of that study suggest that logging roads 

may significantly inhibit movement and 

local abundance of plethodontid 

salamanders. Additional information in 

our files (Marsh et al. 2005) suggests 

that forest roads act as partial barriers to 

salamander movement. Road densities 

within much of the ranges of the 

Siskiyou Mountains salamander and 

Scott Bar salamander are documented to 

be high (USDA 1999) and may act to 

reduce dispersal and increase the degree 

of isolation among salamander 

populations. This in turn may lead to 

reduced gene flow and reduced longterm persistence of small, isolated 

populations (Marsh et al. 2005). 

Conversely, Nussbaum (1974) found 

that road cuts provided essential habitat 

in the form of newly exposed fissured 

rock and were colonized by Siskiyou 

Mountains salamanders soon after road 

construction. The available information 

regarding the effects of roads on 

populations of Siskiyou Mountains 

salamanders and Scott Bar salamanders 

is equivocal. 

Although the amount of habitat 

impacted by logging could not be 

quantified, the petition contends that 

substantial habitat loss has likely 

occurred. To support this claim, the 

petition cites the USDA, USDI Species 

Review Panel (2001), which stated that 

‘‘cumulative effects from past timber 

harvest have impacted populations on 

Federal lands’’ and ‘‘from 1980 to 1990, 

10 percent of habitat on the Applegate 

Ranger District was clearcut.’’ However, 

the rate and extent of timber harvest has 

declined dramatically on Federal lands 

within the Northwest Forest Plan area 

during the past 30 years (USDA, USDI 

2005), particularly on the Klamath 

National Forest, which comprises 

roughly 50 percent of the Siskiyou 

Mountain salamander’s range and 80 

percent of the Scott Bar salamander’s 

range (USDA 2006). During the 6-year 

period from 2000 to 2005, the Klamath 

National Forest sold and removed an 

average of 15.9 million board feet of 

timber annually, compared with 187.8 

million board feet/per year during 1985 

to 1990 (inclusive), and 238.2 million 

board feet/per year from 1979 to 1984 

(USDA 2006). The declining trend in 

timber harvest reduces the likelihood 

that a high proportion of the 

salamanders’ populations will be 

impacted by logging. 

While the Service agrees that timber 

harvesting has the potential to reduce 

habitat quality for the Siskiyou 

Mountains salamander and Scott Bar 

salamander, Forest Service reports 

(USDA, USDI 2005; USDA 2006) 

demonstrate a dramatic decline in the 

amount of timber harvest on Federal 

lands within the ranges of the 

salamanders. These data suggest that the 

rate and magnitude of harvest on the 

majority of the species’ ranges is likely 

not sufficient to cause them to be 

threatened or endangered in the 

foreseeable future. 

The petition further claims that fire 

suppression has led to an increase in 

fuel loading, resulting in a change from 

low- to high-intensity fire regimes in 

many forest stands within the ranges of 

the Siskiyou Mountains salamander and 

Scott Bar salamander, and that the risk 

of stand-replacing fire has increased due 

to forest management practices that 

remove the largest, most fire resistant 

trees and create young, highly 

combustible plantations. The petition 

claims that although the response of 

these salamanders to fire has not been 

well studied, fire has the potential to 

impact populations by removing or 

reducing forest canopy cover. Published 

studies (Agee 1993; Taylor and Skinner 

1998) and Forest Service reports (USDA 

1999) clearly document that increased 

fuel loading and forest stand density 

have increased the potential for highintensity wildfire events within the 

range of the Siskiyou Mountains 

salamander and Scott Bar salamander. 

These high-intensity fires were much 

less frequent in the historical fire regime 

with which these salamanders evolved. 

High-intensity wildfire events, by 

definition, remove or significantly 

reduce forest cover; consume moss, 

duff, and forest litter; and may sterilize 

surface soil layers. The impacts of such 

events on salamander habitat and 

populations are likely more severe than 

those of clear-cutting, but have not been 

directly evaluated. Recent large fires 

within the Klamath Province, combined 

with fire behavior modeling conducted 

by the Forest Service, suggest a high 

probability of moderate-to highintensity wildfires within the range of 

the Siskiyou Mountains salamander and 

Scott Bar salamander. However, fire 

modeling also suggests that the level of 

tree mortality would be highly variable 

within the range of these species (USDA 

1999), resulting in a mosaic pattern of 

habitat effects. The extent to which 

high-intensity fire effects would occur 

within habitats occupied by these 

salamanders is currently unknown. 

To summarize Factor A, logging, 

wildfire, and other habitat disturbances 

may impact local abundance and 

viability of Siskiyou Mountains 

salamanders and Scott Bar salamanders 

by altering the microclimate within 

stands that support these species, by 

fragmenting habitat, or by otherwise 

reducing habitat quality. Although 

extensive logging has occurred in 


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Siskiyou Mountains salamander and 

Scott Bar salamander habitat for over 

100 years, the extent of habitat change 

has not been quantified, and salamander 

populations remain well-distributed. 

Increased potential for stand-replacing 

wildfire also places more of the species’

habitat at risk. Information in our files 

(e.g., Farber et al. 2001; CDFG 2005) 

indicates that both Siskiyou Mountains 

salamanders and Scott Bar salamanders 

occur to some extent in clear-cuts, 

second-growth stands, burned areas, 

and naturally open habitats, and the 

demography of populations subjected to 

timber harvest or fire is poorly known. 

This evidence suggests that while 

timber harvest and wildfire may, at least 

temporally, reduce habitat quality for, 

and abundance of, Siskiyou Mountains 

salamanders and Scott Bar salamanders, 

they do not result in the extirpation of 

populations. The rate and extent of 

timber harvest has declined 

dramatically on Federal lands within 

the Northwest Forest Plan area, 

particularly the salamanders’ ranges on 

the Klamath National Forest, during the 

past 30 years (USDA, USDI 2005; USDA 

2006). Based on current Forest Service 

policies, we anticipate that the rate of 

timber harvest will remain at roughly 

the present levels. Although it is 

reasonable to assume that high-intensity 

wildfire may have a negative impact on 

salamander habitat and populations, we 

are not aware of any scientific studies 

that evaluate this potential risk, and 

there is evidence that salamander 

populations persist following reduction 

of forest canopy. 

In general, the Service finds that 

reliable scientific information presented 

in the petition and available in our files 

regarding the dependence of the 

Siskiyou Mountains and Scott Bar 

salamanders on old growth forest 

habitat and habitat-based threats to the 

species posed by logging and highintensity fires is equivocal and 

conflicting. However, based on the 

standard applicable to 90-day findings 

under the Act, we find that the petition 

does present substantial information 

regarding Factor A, indicating that 

listing of these two species across all or 

a significant portion of their ranges may 

be warranted due to the present or 

threatened destruction, modification, or 

curtailment of the species’ habitat or 

range. 

B. Overutilization for Commercial, 

Recreational, Scientific, or Educational 

Purposes 

The petition does not provide any 

information pertaining to Factor B. 

Therefore, we find that the petition does 

not present substantial information 

indicating that listing of these two 

species across all or a significant portion 

of their ranges may be warranted due to 

overutilization for commercial, 

recreational, scientific, or educational 

purposes. 

C. Disease or Predation 

The petition does not present any 

information pertaining to Factor C. 

Therefore, we find that the petition does 

not present substantial information 

indicating that listing of these two 

species across all or a significant portion 

of their ranges may be warranted due to 

disease or predation. 

D. Inadequacy of Existing Regulatory 

Mechanisms 

The petition asserts that existing 

regulatory mechanisms are inadequate 

to protect Siskiyou Mountains and Scott 

Bar salamanders because Federal 

regulatory mechanisms that formerly 

protected the salamanders have been 

eliminated and State regulatory 

mechanisms that protect the species are 

likely to be eliminated. The petition 

does not contend that, if left in place, 

the Federal and State mechanisms 

would be inadequate to protect the 

species. 

Federal Lands 

The petition cites the USDA, USDI 

Species Review Panel (2001) to 

demonstrate that approximately 80 

percent of the range of the Siskiyou 

Mountains salamander occurs on 

Federal lands managed by the RogueSiskiyou and Klamath National Forests 

and the Medford District of the Bureau 

of Land Management. Thirty-nine 

percent of the species’ range occurs 

within protected land designations 

under the Northwest Forest Plan 

(NWFP) (USDA, USDI Species Review 

Panel 2001). Additionally, the petition 

cites Clayton et al. (2002 as cited in 

USDA, USDI 2004) to demonstrate that 

less than 10 percent of suspected highquality habitat occurs in reserves. The 

petition thus concludes that the 

majority of the species’ ranges and highquality habitat occurs on Federal lands 

available for timber harvest and other 

activities. The petition cites the USDA, 

USDI Species Review Panel (2001) to 

suggest that specific protections on nonreserve land allocations will likely be 

required to ensure persistence of the 

species. 

The petition claims that the Siskiyou 

Mountains salamander formerly 

received substantial protection on 

Federal lands from the Survey and 

Manage Program (USDA, USDI 1994). 

The petition claims that this program 

was abolished with the Record of 

Decision (ROD) entitled, ‘‘To Remove or 

Modify the Survey and Manage 

Mitigation Measures Standards and 

Guidelines in Forest Service and Bureau 

of Land Management Planning 

Documents Within the Range of the 

Northern Spotted Owl’’ in March 2004 

(March 2004 ROD). The Final 

Supplemental Environmental Impact 

Statement for the March 2004 ROD 

addressed potential mitigation, 

including sensitive species programs, 

for species affected by the removal of 

the Survey and Manage Program. 

However, the petition claims that the 

sensitive species programs provide 

substantially less protection by failing to 

require surveys and making mitigation 

optional. The petition cites a USDA, 

USDI (2004) statement that the 

elimination of the Survey and Manage 

Program may result in gaps in the 

Siskiyou Mountains salamander’s range. 

According to the petition, in the 

absence of the Survey and Manage 

Program, management of the Siskiyou 

Mountains salamander would be 

governed by the standards and 

guidelines of the NWFP. According to 

the petition, 78 percent of the known 

occupied sites north of the Siskiyou 

Crest occur in the Applegate Adaptive 

Management Area (AMA). Under the 

NWFP, AMAs were created to 

‘‘encourage the development and testing 

of technical and social approaches to 

achieving desired ecological, economic, 

and other social objectives,’’ with each 

AMA having a management plan 

(USDA, USDI 1994). Because an agency 

plan for the Applegate AMA has not 

been produced, and standards and 

guidelines for activities in AMAs are 

more flexible than in other land-use 

allocations, the petition claims that 

existing guidelines for the Siskiyou 

Mountains salamander in the Applegate 

AMA would result in limited protection 

for the species. However, the petitioners 

provided no documentation to suggest 

that Federal actions in the AMA are 

having an effect on the salamanders. 

The status of the Survey and Manage 

Program is in flux. In January 2006, the 

United States District Court, Western 

District of Washington in Northwest 

Ecosystem Alliance, et al., v. Mark E. 

Rey, et al., Case 2:04–CV–00844–MJP, 

ordered the March 2004 ROD set aside 

for failure to comply with the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.). With this, the court 

reinstated the 2001 Survey and Manage 

ROD as it stood in March 2004. The 

Survey and Manage Program is therefore 

the current regulatory mechanism in 

place for the United States Forest 

Service and Bureau of Land 

Management lands that the Siskiyou 


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Mountains salamander occupies. Under 

these provisions, all currently known 

and future sites south of the Siskiyou 

Crest will be managed to maintain 

species persistence, and surveys will be 

conducted prior to habitat-disturbing 

activities. North of the Siskiyou Crest, 

high-priority sites will be identified and 

managed to provide a reasonable 

assurance of species persistence. 

The Scott Bar salamander is not 

specifically addressed by name in the 

Survey and Manage ROD protections. 

However, the Klamath National Forest 

has formally stated that Survey and 

Manage protections for Siskiyou 

Mountains salamander also extend to 

the Scott Bar salamander, as they cannot 

be easily distinguished in the field (M. 

Boland 2006). Thus, protections for the 

Scott Bar salamander on Federal lands 

are in place. 

The Forest Service and Bureau of 

Land Management have stated that they 

intend to issue on June 8, 2007, a final 

supplement to the 2004 Final 

Supplemental Environmental Impact 

Statement that addresses the 

deficiencies of the March 2004 ROD that 

were identified by the court. 

Implementation of the final supplement 

is anticipated during August 2007. The 

Service cannot predict what protections 

will be provided to the Siskiyou 

Mountains salamander in future 

decisions. If existing Federal regulations 

are modified in the future, the adequacy 

of these regulations to protect the 

Siskiyou Mountains salamander and 

Scott Bar salamander in light of any 

threats to the species threats should be 

evaluated at that time. 

State Regulations 

The State of Oregon provides no 

regulatory protections for the Siskiyou 

Mountains salamander on private lands 

(approximately 10 percent of the 

species’ range). In California, the 

Siskiyou Mountains salamander is listed 

as a threatened species and receives 

substantial protection under the 

California Endangered Species Act 

(CESA). These protections include preproject surveys and prohibitions on 

timber harvest in established buffers 

around suitable habitat. In 2005, CDFG 

submitted a petition to the California 

Fish and Game Commission to delist the 

Siskiyou Mountains salamander. 

Because of CDFG’s delisting proposal, 

the petitioners claim that the 

protections provided by CESA should 

not be considered to provide firm 

regulatory protection for the species. 

The final determination on whether to 

delist the Siskiyou Mountains 

salamander was scheduled to be made 

at the Fish and Game Commission’s 

January 31, 2007, meeting; however, 

that determination has been postponed 

until Fall of 2007. If existing State 

regulations are modified in the future, 

the adequacy of the future regulations to 

protect the Siskiyou Mountains 

salamander in light of any threats to the 

species should be evaluated at that time. 

Unless and until the Siskiyou 

Mountains salamander is delisted as a 

threatened species, it remains protected 

under the CESA. 

In July 2005, the Scott Bar salamander 

appeared on the CDFG’s Special 

Animals List (CDFG 2006). The CDFG 

describes the Scott Bar salamander as a 

‘‘newly discovered species from what 

was part of the range of Plethodon 

stormi.’’ Based on this change of 

taxonomic status, the CDFG removed 

the Siskiyou Mountains salamander 

populations now recognized as Scott 

Bar salamanders from listed status 

under CESA. That action was 

successfully challenged by three 

environmental organizations in State 

court (Environmental Protection 

Information Center et al. vs. California 

Department of Fish and Game, Case No. 

CPF–06–506585). The court found that 

the removal of Scott Bar salamander 

from the State’s endangered species list 

was not in accordance with law, and 

ordered that the new species be 

protected under CESA until formal 

delisting procedures are completed. On 

May 1, 2006, the California Fish and 

Game Commission received a petition to 

list the Scott Bar salamander under 

CESA. 

No specific regulatory mechanisms to 

protect the Siskiyou Mountains 

salamander exist on the approximately 

10 percent of the species’ range that 

occurs in Oregon. However, research 

suggests that populations of these 

salamanders persist following timber 

harvest (Farber et al. 2001; Clayton et al. 

2004; CDFG 2005). Therefore, the 

Service believes that the lack of 

regulatory protections on a limited 

proportion of the species’ ranges does 

not likely pose a threat to the species as 

a whole in the foreseeable future. 

To summarize Factor D, existing 

Federal regulations currently provide 

substantial protection on Federal lands 

for the Siskiyou Mountains salamander 

and Scott Bar salamander through the 

Survey and Manage Program. 

Current California regulations provide 

substantial protection for the Siskiyou 

Mountains salamander and Scott Bar 

salamander on private lands. Oregon 

provides no regulatory protections for 

Siskiyou Mountains salamanders on 

private lands. However, private lands in 

Oregon comprise only 10 percent of the 

Siskiyou Mountains salamander’s range. 

The Scott Bar salamander’s range does 

not extend into Oregon. Thus, 

substantial regulatory protections are 

provided to both species across a large 

majority of the Siskiyou Mountains 

salamander’s range and all of the Scott 

Bar salamander’s range. Although the 

Forest Service and Bureau of Land 

Management have developed a 

supplement to their March 2004 

Supplemental Environmental Impact 

Statement (SEIS) that again proposes to 

eliminate Survey and Manage 

guidelines for the Siskiyou Mountains 

salamander, no decision has been made 

by the agencies. Similarly, the State of 

California is currently evaluating a 

petition to delist the Siskiyou 

Mountains salamander, but no decision 

regarding this action has been reached. 

Continuing litigation over the Federal 

and State proposals and re-evaluation of 

the proposals by Federal and State 

agencies indicates that a future 

relaxation of regulatory mechanisms to 

protect the Siskiyou Mountains and 

Scott Bar salamanders is at best 

uncertain. Under section 4(a)(1)(D) of 

the Act, the Service must evaluate the 

adequacy of existing regulatory 

mechanisms rather than speculate about 

future changes to those mechanisms. If 

these regulations are modified or 

eliminated in the future, the Service 

will consider that information when 

evaluating the adequacy of then existing 

regulatory mechanisms to protect the 

Siskiyou Mountains salamander and the 

Scott Bar salamander, in light of any 

threats faced by the species. In 

particular, we will monitor any changes 

to Federal and State regulatory 

mechanisms during our status review of 

the species. 

Because Federal and State of 

California regulations are currently in 

effect and offer protection for the 

Siskiyou Mountains salamander and 

Scott Bar salamander over all or the vast 

majority of the species’ ranges, we find 

that the petition does not present 

substantial information that listing of 

these two species across all or a 

significant portion of their ranges may 

be warranted due to the inadequacy of 

existing regulatory mechanisms. 

E. Other Natural or Manmade Factors 

Affecting the Species’ Continued 

Existence 

The petition states that ‘‘an increasing 

consensus has developed that we are 

and will continue to experience global 

warming.’’ The petition cites Feder 

(1983) and Ollivier et al. (2001) to 

propose that the salamanders’ unique 

physiology and their need for moist 

conditions for foraging and breeding 

activity make the Siskiyou Mountains 


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Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 14759 

salamander and Scott Bar salamander 

particularly sensitive to variations in 

climate. Thus, the petition suggests that 

the expected change in climate over 

time is likely to influence the species’

distribution and ability to find suitable 

habitat. The petition also claims that 

warmer temperatures may shorten the 

window in which the species is able to 

forage and reproduce. According to the 

petition, warmer temperatures may also 

negatively affect habitat by increasing 

the severity and intensity of forest fires, 

resulting in loss of forest canopy. 

However, the petition did not present an 

analysis of the likelihood or magnitude 

of microhabitat changes that may be 

brought about by regional climate 

change. 

The petition also cites USDA, USDI 

(2004) to demonstrate that, due to 

limited habitat and the known existence 

of only three localities, the Scott Bar 

salamander is at risk of extinction due 

to genetic or demographic stochasticity, 

regardless of management direction. 

However, information in our files 

suggests that the number of known 

localities and existing habitat within the 

range of the Scott Bar salamander is 

considerably larger than that considered 

in USDA, USDI (2004), and there is no 

evidence to suggest the historical range 

of the Scott Bar salamander has 

significantly contracted despite 100 

years of extensive logging, which has 

substantially decreased in recent years. 

The apparent resiliency of this species 

and the existence of 37 currently known 

sites decreases the potential threat 

posed by stochastic events, although the 

species’ range is naturally small and 

restricted. The Siskiyou Mountains 

salamander also continues to be 

distributed across its historic range 

despite widespread logging during the 

20th century. Stochastic events pose 

even less of a potential threat to the 

Siskiyou Mountains salamander due to 

its apparent resiliency and the greater 

number of known localities and 

relatively larger range. 

To summarize Factor E, because 

foraging and breeding activities are 

dependent upon cool, moist conditions, 

these salamanders may be susceptible to 

alterations in microclimate resulting 

from projected climate change. 

However, the petition does not present 

reliable evidence of, or analyze the type, 

magnitude, or temporal effects of, 

microhabitat changes within the ranges 

of the Siskiyou Mountains and Scott Bar 

salamanders that could potentially be 

brought about by future regional climate 

change. Finally, the petitioners assert 

that the Siskiyou Mountains and Scott 

Bar salamanders are at risk because their 

restricted ranges make the species 

vulnerable to extinction as a result of 

stochastic events. Although the ranges 

of the species are naturally restricted, 

they have continued to persist despite 

decades of logging, and the number of 

currently known populations is 

considerably greater than stated in the 

petition. Additionally, a considerable 

amount of suitable habitat capable of 

supporting Siskiyou Mountains 

salamanders and Scott Bar salamanders 

has yet to be surveyed. Thus, the 

Service believes that both the Siskiyou 

Mountains and Scott Bar salamanders 

are more resilient to stochastic events 

than the petition claims. We find that 

the petition does not present substantial 

information that listing of the two 

species across all or a significant portion 

of their ranges may be warranted due to 

natural or manmade factors affecting 

their continued existence. 

Distinct Population Segments and 

Significant Portion of Range 

The petition asserts that the Siskiyou 

Mountains salamander occurs in three 

separate distinct population segments 

(DPSs) and also requests the Service to 

consider listing the Siskiyou Mountains 

salamander throughout a significant 

portion of its range. 

Because we conclude that the petition 

provides substantial information that 

listing the Siskiyou Mountains and 

Scott Bar salamanders rangewide may 

be warranted (thus triggering the 

requirement under the Act that we 

conduct a status review), we have not 

analyzed in detail whether the petition 

also provides substantial information 

with respect to a particular significant 

portion of the range of the Siskiyou 

Mountains salamander. For the same 

reason, we have not analyzed in detail 

whether the petition provides 

substantial information with regard to 

potential distinct population segments 

of the Siskiyou Mountains salamander 

other than the petitioner’s proposed 

Scott Bar salamander DPS, which we 

have treated as a separate species for 

purposes of this finding. However, we 

welcome information on the issue of 

whether either salamander is, in fact, in 

danger of extinction throughout all or a 

significant portion of its range, or likely 

to become so in the foreseeable future, 

and information on the issue of whether 

a particular DPS of the Siskiyou 

Mountains salamander warrants listing. 

We will consider these issues further 

during the status review, particularly if 

we conclude that the species are not in 

danger of extinction rangewide, nor 

likely to become so in the foreseeable 

future. 

Finding 

The Service finds that the information 

provided in the petition and readily 

available in our files regarding habitat 

associations of Siskiyou Mountains and 

Scott Bar salamanders and the potential 

for population losses due to logging and 

fire is equivocal and conflicting. 

Therefore, based on the standard 

applicable to 90-day findings under the 

Act, we must find that the petition does 

present substantial information that 

listing of the two species across all or a 

portion of their ranges may be 

warranted based on the threatened 

destruction, modification, or 

curtailment of their habitat and ranges. 

This finding initiates a status review of 

these species so that we can gather more 

scientific data on these and other 

relevant issues concerning these 

species. 

The petition also requested that 

critical habitat be designated for the 

Siskiyou Mountains salamander and 

Scott Bar salamander. If we determine 

in our 12-month finding that listing 

these species is warranted, we will 

address the designation of critical 

habitat in the proposed listing rule or as 

funding allows. 

References Cited 

A complete list of all references cited 

herein is available, upon request, from 

the Yreka Fish and Wildlife Office (see 

ADDRESSES). 

Author 

The primary authors of this notice are 

staff of the Yreka Fish and Wildlife 

Office (see ADDRESSES). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: March 22, 2007. 

Kenneth Stansell, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E7–5774 Filed 3–28–07; 8:45 am] 

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