[Federal Register Volume 74, Number 76 (Wednesday, April 22, 2009)]
[Proposed Rules]
[Pages 18336-18341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9220]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R8-ES-2008-0087; MO 92210 50083-B2]


Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition To List the Tehachapi Slender Salamander (Batrachoseps 
stebbinsi) as Threatened or Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding and initiation of status 
review.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
90-day finding on a petition to list the Tehachapi slender salamander 
(Batrachoseps stebbinsi) as a threatened or endangered species under 
the Endangered Species Act of 1973, as amended (Act). We find that the 
petition presents substantial scientific or commercial information 
indicating that listing the Tehachapi slender salamander may be 
warranted. Therefore, with the publication of this notice, we are 
initiating a status review to determine if listing this species is 
warranted. To ensure that the status review is comprehensive, we are 
soliciting information and data regarding this species. We will 
initiate a determination on critical habitat for this species, if and 
when we initiate a listing action.

DATES: To allow us adequate time to conduct this review, we request 
that information be received on or before June 22, 2009.

ADDRESSES: You may submit information by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> U.S. mail or hand-delivery: Public Comments Processing, 
Attn: FWS-R8-ES-2008-0087; Division of Policy and Directives 
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, 
Suite 222, Arlington, VA 22203.
    We will not accept e-mail or faxes. We will post all information 
received at http://www.regulations.gov. This generally means that we 
will post any personal information you provide us (see the Information 
Solicited section below for more information).

FOR FURTHER INFORMATION CONTACT: Michael McCrary, Listing and Recovery 
Coordinator, Ventura Fish and Wildlife Office, 2943 Portola Road, Suite 
B,

[[Page 18337]]

Ventura, CA 93003; telephone 805-644-1766 extension 372; facsimile 805-
644-3958. If you use a telecommunications device for the deaf (TDD), 
call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Information Solicited

    When we make a finding that a petition presents substantial 
information indicating 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 concerning the status of the Tehachapi slender salamander 
(Batrachoseps stebbinsi). We request information from the public, other 
concerned governmental agencies, Native American Tribes, the scientific 
community, industry, or any other interested parties concerning the 
status of the Tehachapi slender salamander. We are seeking information 
regarding:
    (1) The species' historical and current status and distribution, 
its biology and ecology, and ongoing conservation measures for the 
species and its habitat;
    (2) Information relevant to the factors that are the basis for 
making a listing determination for a species under section 4(a) of the 
Act (16 U.S.C. 1531 et seq.), which are:
    (a) The present or threatened destruction, modification, or 
curtailment of the species' habitat or range;
    (b) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (c) Disease or predation;
    (d) The inadequacy of existing regulatory mechanisms; or
    (e) Other natural or manmade factors affecting its continued 
existence and threats to the species or its habitat; and
    (3) Information on management programs for the conservation of the 
Tehachapi slender salamander.
    (4) Factors that pose a threat to the Tehachapi slender salamander 
(those listed above, and otherwise) and the potential cumulative 
effects of these factors that may threaten or endanger the Tehachapi 
slender salamander.
    If we determine that listing the Tehachapi slender salamander is 
warranted, it is our intent to propose critical habitat to the maximum 
extent prudent and determinable at the time we propose to list the 
species. Therefore, with regard to specific areas within the 
geographical area occupied by the Tehachapi slender salamander, we also 
request data and information on what may constitute physical or 
biological features essential to the conservation of the species, where 
these features are currently found, and whether any of these features 
may require special management considerations or protection. In 
addition, we request data and information regarding whether there are 
specific areas outside the geographical area occupied by the species 
that are essential to the conservation of the species. Please provide 
specific comments and information as to what, if any, critical habitat 
you think we should propose for designation if the species is proposed 
for listing, and why such habitat meets the requirements of the Act.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is a threatened or endangered 
species must be made ``solely on the basis of the best scientific and 
commercial data available.'' Based on the status review, we will issue 
a 12-month finding on the petition, as provided in section 4(b)(3)(B) 
of the Act.
    You may submit your information concerning this status review by 
one of the methods listed in the ADDRESSES section. We will not 
consider submissions sent by e-mail or fax or to an address not listed 
in the ADDRESSES section.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this personal identifying 
information from public review. However, we cannot guarantee that we 
will be able to do so. We will post all hardcopy submissions on http://www.regulations.gov.
    Information and materials we receive, as well as supporting 
documentation we used in preparing this finding, will be available for 
public inspection on http://www.regulations.gov, or by appointment 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).

Background

    Section 4(b)(3)(A) of the Act requires that we make a finding on 
whether a petition to list, delist, or reclassify a species presents 
substantial scientific or commercial information to indicate that the 
petitioned action may be warranted. We are to base this finding on 
information provided in the petition, supporting information submitted 
with the petition, and information otherwise available in our files at 
the time we make the determination. To the maximum extent practicable, 
we are to make this finding within 90 days of our receipt of the 
petition and publish our notice of the finding promptly in the Federal 
Register.
    Our standard for substantial scientific or commercial information 
within the Code of Federal Regulations (CFR) with regard to a 90-day 
petition finding is ``that amount of information that would lead a 
reasonable person to believe that the measure proposed in the petition 
may be warranted'' (50 CFR 424.14(b)). If we find that substantial 
scientific or commercial information was presented, we are required to 
promptly commence a status review of the species.
    On February 28, 2006, we received a petition, dated February 17, 
2006, requesting that we list the Tehachapi slender salamander as a 
threatened or endangered species. The petition, submitted by Mr. Jeremy 
Nichols of Denver, Colorado, was clearly identified as a petition for a 
listing rule, and contained the name, signature, and address of the 
petitioning private citizen. Included in the petition was supporting 
information regarding the species' taxonomy and ecology, historical and 
current distribution, present status, and potential causes of decline 
and active imminent threats.
    In response to the petition, we sent a letter to the petitioner 
dated April 20, 2006, explaining that we would not be able to address 
his petition until fiscal year 2007. The reason for this delay was that 
responding to existing court orders and settlement agreements for other 
listing actions required nearly all of our listing funding. We also 
concluded in our April 20, 2006, letter that emergency listing of the 
Tehachapi slender salamander was not warranted. Delays in responding to 
the petition continued due to the high priority of responding to court 
orders and settlement agreements, until funding recently became 
available to respond to this petition.

Species Information

Description and Taxonomy

    The Tehachapi slender salamander (Batrachoseps stebbinsi) is a 
member of

[[Page 18338]]

the lungless salamander family, Plethodontidae. The genus Batrachoseps 
includes the slender salamanders that are distributed along the Pacific 
coast region between Oregon and northern Baja California, Mexico 
(Jockusch and Wake 2002, p. 362). Most members of the genus 
Batrachoseps are adapted to digging and burrowing underground. Species 
in this genus are relatively large, and tend to have elongated bodies 
and tails and reduced limbs compared to other lungless salamanders 
(CaliforniaHerps 2007, p. 2; Hansen and Wake 2005, p. 694; Jockusch and 
Wake 2002, p. 362). The Tehachapi slender salamander is considered to 
be closely related to the Kern Canyon slender salamander (Batrachoseps 
simatus) (Hansen and Stafford 1994, p. 252).
    The Tehachapi slender salamander is sexually dimorphic. The average 
size of adult females is 2.24 inches (in) (57 millimeters (mm)), and 
adult males average 2.13 in (54 mm) snout to vent length (Hansen and 
Wake 2005, p. 694). The species has a broader head, longer legs, a 
shorter tail, and broader feet compared to other Batrachoseps species 
(Brame and Murray 1968, p. 20; CaliforniaHerps 2007). Both front and 
hind feet have four toes and are more webbed than other Batrachoseps 
species (Brame and Murray 1968, p. 18; Californiaherps 2007). The 
species lacks lungs and breathes through its smooth, thin skin (Hansen 
and Stafford 1994, p. 252; Californiaherps 2007, p. 2). The dorsal 
color may be dark red, brick red, or light or dark brown with light tan 
or black patches or blotches that may form a band-like pattern (Brame 
and Murray 1968, p. 18; Californiaherps 2007, p. 2).
    The petition provided information indicating that the two known 
populations of the Tehachapi slender salamander may represent separate 
species, based on Hansen and Wake (2005, p. 694). Hansen and Wake 
(2005, p. 694) report high levels of differences in coloration, size, 
and genes between the Caliente Canyon population and the population 
found in the Tehachapi Mountains and suggest that these two populations 
represent different species. According to Hansen (2007, p. 1), the 
morphological and genetic differences between the two populations 
provide evidence that they have been separated for a long time and are 
likely not interbreeding. Due to the distance between the Tehachapi 
Mountain and the Caliente Creek Canyon populations (closest estimated 
distance is 13 miles (21 kilometers)) and Highway 58 dividing them, it 
is unlikely that any gene flow occurs between them. However, the 
petitioner clarifies that the petition applies to both populations.

Distribution

    The Tehachapi slender salamander was first described in 1968. The 
species is found in two locations, both of which are in Kern County, 
California (Brame and Murray 1968, p. 20; Hansen and Wake 2005, pp. 693 
and 695). The Caliente Canyon location, also referred to as the 
Caliente Creek area, is situated in the southern foothills of the 
Sierra Nevada Mountains and south of Kern Canyon. This area is known to 
contain the highest diversity of species of the Batrachoseps genus 
(Jockusch 1996, p. 79). The majority of the Caliente Canyon 
distribution occurs on private land. The second location is southwest 
of the Caliente Canyon area, in the Tehachapi Mountains. The Tehachapi 
Mountains connect the Southern Sierra Mountain Range with the 
Transverse Ranges and form the southeastern boundary of the Central 
Valley of California. The majority of the Tehachapi Mountain population 
occurs on Tejon Ranch.
    The home range size of the Tehachapi slender salamander is unknown, 
although the species is believed to be sedentary (Jockusch 1996, p. 80; 
Hansen and Wake 2005, p. 694). Genetic studies of Batrachoseps species 
indicate that females have limited movement, suggesting that home 
ranges are likely to be small. Jockusch (1996, p. 80) observed genetic 
differences in black-bellied slender salamander (Batrachoseps 
nigriventris) populations over short geographic distances, indicating 
that the females have not moved between populations for millions of 
years.
    The Caliente Canyon and Tehachapi Mountain populations are 
sympatric (co-occur) with the yellow-blotched ensatina salamander 
(Ensatina eschscholtzii croceater). The Tehachapi Mountain population 
also co-occurs with the black-bellied slender salamander in the 
Pastoria and Tejon Creek drainages (Hansen and Wake 2005, p. 694). 
Although the range of the Tehachapi slender salamander overlaps with 
that of the black-bellied slender salamander, the Tehachapi slender 
salamander appears to be more of a habitat specialist (Hansen and Wake 
2005, p. 694).
    The Service has limited information about the size and distribution 
of the Tehachapi Mountain and Caliente Canyon populations of the 
Tehachapi slender salamander; however, the Service does have documented 
occurrence information based on CNDDB data and published literature 
(CNDDB 2007, Jockusch and Wake 2002, p. 367, in litt. Flaxington 2007).

Habitat Characteristics

    Although all the species in the genus Batrachoseps are strictly 
terrestrial during all life stages, they are dependent on moisture. 
Species in this genus are either restricted to moist microhabitats or 
are only seasonally active above the soil surface in arid regions 
(Jockusch and Wake 2002, p. 362). The Tehachapi slender salamander has 
been observed in mesic (moderately to constantly moist) microhabitats 
in areas that are moderately arid in southern California. Specifically, 
the species has been recorded only on north-facing slopes within 
canyons or ravines, beneath rocks, fallen logs, talus, or leaf litter 
in Caliente Canyon and the Tehachapi Mountains in Kern County (Hansen 
and Wake 2005, p. 694; CaliforniaHerps 2007, p. 2).
    The Caliente Canyon population is found at lower elevations (1,660 
to 2,999 feet (ft) (506 to 914 meters (m)) in Caliente Canyon (CNDDB 
2007; Hansen and Wake 2005, p. 693) in limestone or granite talus and 
scattered rocks (Hansen and Wake 2005, p. 694). The Tehachapi Mountain 
population is found in the canyons of the Tehachapi Mountains, at 
higher elevations (3,350 ft to 4,600 ft (1,021 m to 1,402 m)) under 
wood, leaf litter, or talus (CaliforniaHerps 2007, p. 2; CNDDB 2007; 
Hansen and Wake 2005, p. 694). The species has been found in 
microhabitats containing areas of hardwood (e.g., open canopies of 
sycamores (Platanus racemosa), California buckeyes (Aesculus 
californica), and live oaks (Quercus spp.)), conifers, and riparian 
vegetation (CNDDB 2007).

Life History

    Tehachapi slender salamanders spend most of their time below 
ground. Individuals emerge during periods of precipitation. The surface 
activity period is February to March, but may extend to April or May in 
years with high precipitation (Hansen and Wake 2005, p. 694).
    The breeding season is unknown; however, Hansen and Wake (2005, p. 
694) suggest that the timing of mating and egg deposition may vary with 
climate pattern. The Tehachapi slender salamander breeds on land; 
however, breeding behavior and specific habitat requirements are 
unknown (Hansen and Wake 2005, p. 694). Although nests have not been 
found for the species, it is likely that eggs are deposited deep within 
the rock talus or litter (Hansen and Wake 2005, p. 694). Young hatch

[[Page 18339]]

fully formed (CaliforniaHerps 2007, p. 2).
    Information on the diet of the species is sparse, as is information 
on its predators. The diet is comprised of small arthropods and other 
invertebrates (Brame and Murray 1968, p. 1; Hansen and Wake 2005, p. 
694; Californiaherps 2007, p. 2). Possible predators include larger 
vertebrates, such as snakes.
    A unique behavioral characteristic of Batrachoseps species is that 
they can coil their bodies much like a snake or a wire spring (Brame 
and Murray 1968, p. 1). In addition to coiling, defensive behaviors of 
the Tehachapi slender salamander include immobility, rapid crawling, 
and the ability to detach and regenerate the tail (Hansen and Wake 
2005, p. 694; Californiaherps 2007, p. 2).

Current Status

    The Tehachapi slender salamander was listed as threatened under the 
California Endangered Species Act (CESA) by the State of California on 
June 27, 1971 (California Natural Diversity Database 2007). The species 
has a global heritage ranking of G2 meaning that the species is 
considered globally imperiled (NatureServe 2006, p. 1). The species 
currently has no status under the Federal Endangered Species Act.

Factors Affecting the Species

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations at 50 CFR 424 set forth the procedures for adding species 
to the Federal List 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 90-day finding, we evaluate whether information concerning 
threats to the Tehachapi slender salamander, as presented in the 
petition and clarified by information available in our files at the 
time of the petition review, constitutes substantial scientific or 
commercial information such that listing under the Act may be 
warranted. Our evaluation of this information is presented below.

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

    The petitioner states that population declines and localized 
extirpation of the Tehachapi slender salamander may be occurring and 
that these may be due to the modification and destruction of salamander 
habitat by residential and commercial development, road construction, 
mining, domestic livestock grazing, and flood control projects.
    Habitat destruction, degradation, and fragmentation have occurred 
in the past, and continue to occur within the range of the Tehachapi 
slender salamander, although we do not have information on the degree 
of these impacts at this time. Based on maps from the Tejon Ranch's Web 
site, the habitat range, reported sightings of the species (CNDDB 
2007), and the research of Jockusch and Wake (2002, p. 367), general 
plans for future development on the ranch appear to overlap with 5 of 
the 9 known Tehachapi Mountain population occurrences (CNDDB 2007, 
Jockusch and Wake 2002, p. 367). That said, we do not have detailed 
information concerning where development footprints would occur. Tejon 
Ranch Corporation is currently developing a multispecies Habitat 
Conservation Plan that is proposed to include conservation of the 
Tehachapi slender salamander on Tejon Ranch lands. That document has 
not yet been completed, and we are continuing to work with Tejon Ranch 
Corporation on the development of this conservation strategy.
    The petition also generally cites road construction and 
maintenance, mining, livestock grazing, and flood control projects as 
having a negative effect on the species and its habitat. Sources cited 
in the petition, in addition to the information provided in the CNDDB 
(2007) records, confirm the claims in the petition that habitat 
disturbances from roads and livestock grazing continue to occur in the 
Caliente Canyon area occupied by the species. Of the nine known 
occurrences of the Caliente Canyon population, three occur on Bureau of 
Land Management lands (BLM) where road construction and maintenance, 
livestock grazing, and mining activities are known to occur (CNDDB 
2007; Kuritsubo pers. com. 2008). Additionally, Hansen and Wake (2005, 
p. 693) state that freeway and highway construction have adversely 
affected the Tehachapi slender salamander and its habitat. Based on 
current information in our files regarding Tejon Ranch Corporation's 
development plans, mining, livestock grazing, road construction and 
maintenance, and information regarding impacts to Tehachapi slender 
salamander habitat on BLM lands, we believe that the threats associated 
with Factor A documented in the petition continue to exist.
    The data presented in the petition, as well as information in our 
files, relating to threats to the Tehachapi slender salamander and its 
habitat from road construction and maintenance, residential and 
commercial development, livestock grazing, and mining are credible and 
substantial. We find that the petition presents substantial information 
that the Tehachapi slender salamander may be threatened by the present 
or threatened destruction, modification, or curtailment of habitat or 
range.

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

    The petition did not provide information or list any threats to the 
Tehachapi slender salamander from overutilization for commercial, 
recreational, scientific, or educational purposes, nor do we have any 
information in our files regarding potential threats to the species due 
to this factor. As a result, we have determined that the petition does 
not present substantial information that the Tehachapi slender 
salamander may be threatened by overutilization for commercial, 
recreational, scientific, or educational purposes.

C. Disease or Predation

    The petition did not provide information or list any threats to the 
Tehachapi slender salamander resulting from disease or predation, nor 
do we have any information in our files regarding potential threats to 
the species due to this factor. As a result, we have determined that 
the petition does not present substantial information that the 
Tehachapi slender salamander may be threatened by disease or predation.

D. The Inadequacy of Existing Regulatory Mechanisms

    The petition discussed existing regulatory mechanisms and their 
perceived inadequacy. The petitioner claimed that protections afforded 
the species under the CESA are limited because the State statute does 
not bind Federal agencies, such as the BLM, that manage lands 
containing Tehachapi slender salamander habitat and lacks explicit 
protections for habitat and recovery plan requirements to protect 
habitat and develop recovery plans. The petitioner also asserted that 
BLM's

[[Page 18340]]

designation of the Tehachapi slender salamander as a sensitive species 
provides no protection to the salamander.
    The California Endangered Species Act (CESA) provides protections 
for the Tehachapi slender salamander both through the prohibition on 
take of state listed species without authorization and the requirement 
that any take authorized under the statute must be fully mitigated. 
However, the interpretation of ``take'' under state law may be narrower 
than under the ESA and may not fully address impacts to the species 
resulting from habitat loss or degradation. Moreover, while CESA offers 
protections for the Tehachapi slender salamander on state and privately 
owned land, it does not constrain Federal activities, particularly 
those occurring on Federal lands, where a substantial proportion of 
Tehachapi slender salamanders occur. Because the Tehachapi slender 
salamander is not protected under Federal law, Federal agencies are not 
required to consider the effects of their actions on the species or 
mitigate for those impacts.
    Based on CNDDB data and land boundary confirmation from BLM, we 
believe that approximately one third of the known occurrences of the 
Caliente Canyon population of the Tehachapi slender salamander occurs 
on BLM land (Kuritsubo pers. com. 9/2/2008). BLM has identified the 
Tehachapi slender salamander as a sensitive species and surveys for the 
salamander prior to conducting activities that may affect the species 
in areas containing suitable habitat in accordance with agency policy 
directives. However, although BLM considers the presence of salamanders 
when planning and implementing management activities (Kuritsubo 2007, 
p. 1; Larson 2008, p. 1) it is not legally required to, and does not 
necessarily, avoid or mitigate the impacts of agency actions on the 
species.
    The prohibition on ``take'' of the Tehachapi slender salamander 
under CESA may not fully address impacts to the species resulting from 
habitat loss on state and private lands, and neither CESA nor Federal 
law currently protects the salamander and its habitat from the impacts 
of Federal activities, particularly those that occur on Federal lands. 
Therefore, we believe that there are potential threats to the species 
with respect to this factor. We have determined that the petition 
presents substantial information that the Tehachapi slender salamander 
may be threatened due to the inadequacy of existing regulatory 
mechanisms. We hope to gain further information on the magnitude of the 
threats under Factor D during the status review.

E. Other Natural or Manmade Factors Affecting Continued Existence

    The petitioner pointed out that the small size of the populations 
and localized occurrences of the species make it particularly 
vulnerable to environmental, genetic, and demographic stochastic 
events. In addition, the petitioner states that available scientific 
information indicates that climate change exemplified by hotter and 
drier summers and more extreme weather patterns threatens the Tehachapi 
slender salamander.

Stochastic Events

    The petition did not include information on the size of the 
Caliente Creek and Tehachapi Mountain populations of the Tehachapi 
slender salamander, and we have no information on this in our files. 
Nor do we have information concerning the species' status to indicate 
whether the populations are increasing, decreasing, or stable. We note 
that the number of documented occurrences of the species since it was 
discovered is small. Based on the best scientific and commercial 
information that we have to date, the species does appear to be rare 
because of its limited distribution, few recorded individuals, and 
specific habitat requirements. The species may be vulnerable to 
stochastic events (e.g., severe drought) because the range of the 
species is limited, the species is composed of only two populations 
that are separate from each other, there is an apparent lack of gene 
flow between the two populations, and the species occupies a restricted 
mesic habitat (Hansen and Wake 2005, p. 694; Hansen 2007, p. 1).
    Therefore, we find the petition and information readily available 
to the Service presents substantial information to indicate stochastic 
events may be a threat to the species.

Climate Change

    As cited in the petition, the Environmental Protection Agency (EPA) 
reported in 1997 (p. 1) that the earth's climate is predicted to change 
as a result of human activities that alter the atmosphere by causing a 
cumulative increase in greenhouse gases, particularly carbon dioxide, 
methane, nitrous oxide, and chlorofluorocarbons. In the report, the EPA 
(1997, p. 2) states that average temperatures and frequency of extreme 
rainfall in the United States are expected to rise. The EPA predicts 
that California may experience an increase of 5 degrees Fahrenheit (2.8 
degrees Celsius) and an overall increase in precipitation of 20 to 30 
percent by 2100. The report states that Fresno, California, 
approximately 162 mi (261 km) north of the Tehachapi Mountains, has 
experienced an average increase in temperature of 1.4 degrees 
Fahrenheit (0.8 degrees Celsius) over the past 100 years. Despite the 
trend observed for the United States in increased rainfall, Fresno has 
experienced a decrease in precipitation by up to 20 percent over the 
past century (EPA 1997, p. 2). The Intergovernmental Panel on Climate 
Change provides a more recent report that supports EPA's prediction on 
a global scale and adds that rising air and ocean temperature is 
unquestionable (IPCC 2007, p. 4).
    We acknowledge that temperatures in southern California where the 
Tehachapi slender salamander occurs are likely to increase. We also 
agree that, if hotter and drier summers and more extreme weather 
patterns were to occur within its range, the Tehachapi slender 
salamander may be negatively affected. However, we believe that climate 
change models that are currently available are not yet capable of 
making meaningful predictions of climate change for specific, local 
areas such as the range of the Tehachapi slender salamander (Parmesan 
and Matthews 2005, p. 354). We do not have models to predict how the 
climate in the range of the Tehachapi slender salamander will change, 
and we do not know how any change may alter the range of the species. 
Although the petitioner provides information on climate change models 
and trends, we do not have information on past and future weather 
patterns within the specific range of the species to conclude that the 
species may be threatened by climate change.
    Therefore, we find the information presented in the petition does 
not provide substantial information to indicate that climate change may 
be a threat to the species. However, we will continue to evaluate the 
potential affects of climate change on the species and its habitat 
during our status review.
    Based on the information submitted in the petition, we have 
determined that substantial information has been presented that the 
Tehachapi slender salamander may be threatened due to other natural or 
manmade factors (stochastic events) affecting its continued existence 
(Factor E).

Finding

    Section 4(b)(3)(A) of the Act requires that we make a finding on 
whether a petition to list, delist, or reclassify a species presents 
substantial scientific or

[[Page 18341]]

commercial information indicating that the petitioned action may be 
warranted. We are to base this finding on information provided in the 
petition, supporting information submitted with the petition, and 
information otherwise available in our files at the time we make the 
determination. To the maximum extent practicable, we are to make this 
finding within 90 days of our receipt of the petition and publish our 
notice of the finding promptly in the Federal Register.
    Our process for making this 90-day finding under section 4(b)(3)(A) 
of the Act is limited to a determination of whether the information in 
the petition presents ``substantial scientific and commercial 
information,'' which is interpreted in our regulations as ``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)). 
We reviewed the petition, supporting information provided by the 
petitioner, and information in our files, and we evaluated that 
information to determine whether the sources cited support the claims 
made in the petition. The petition and supporting information 
identified numerous factors affecting the Tehachapi slender salamander 
including: road construction, residential and commercial development, 
mining, grazing, and flood control projects (Factor A); lack of 
regulatory mechanisms protecting the species and its habitat (Factor 
D); and climate change and environmental, genetic, and demographic 
stochastic events (Factor E). Of the factors listed above, we conclude 
that substantial information was provided that road construction, 
residential and commercial development, livestock grazing, and mining 
(Factor A) may threaten Tehachapi slender salamanders. We also found 
that the species may be threatened by the inadequacy of existing 
regulatory mechanisms (Factor D) and stochastic events (Factor E).
    On the basis of information provided in the petition and other 
information readily available to us, we have determined that the 
petition presents substantial scientific or commercial information that 
listing the Tehachapi slender salamander may be warranted. Therefore, 
we are initiating a status review to determine if listing the species 
is warranted. During the status review, we will consider threats to the 
Tehachapi slender salamander under all of the listing factors above. To 
ensure that the status review is comprehensive, we are soliciting 
scientific and commercial data and other information regarding this 
species.
    The petitioner also requested that critical habitat be designated 
for the Tehachapi slender salamander. We always consider the need for 
critical habitat designation when listing species. If we determine in 
our 12-month finding following the status review of the species that 
listing the Tehachapi slender salamander is warranted, we will address 
the designation of critical habitat at the time of the proposed 
rulemaking.

Significant Portion of the Species' Range

    The petitioner seeks to list the entire Tehachapi slender 
salamander species. During our status review we will evaluate whether 
the best available scientific and commercial information supports 
listing the species throughout its entire range, or whether there may 
be a significant portion of the range that may be threatened or 
endangered. As a result, we will defer our analysis and determination 
of issues of significant portion of range to our status review and the 
12-month finding.
    A 90-day finding is not a status assessment of the species and does 
not constitute a status review under the Act. Our final determination 
as to whether a petitioned action is warranted is not made until we 
have completed a thorough status review of the species, which is 
conducted following a positive 90-day finding. Because the Act's 
standards for 90-day and 12-month findings are different, a positive 
90-day finding does not mean that the 12-month finding also will be 
positive.

References Cited

    A complete list of all references cited is available, upon request, 
from our Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT section above).

Author

    The primary author of this notice is the staff of the Ventura Fish 
and Wildlife Office (see FOR FURTHER INFORMATION CONTACT section 
above).

Authority

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

    Dated: April 15, 2009.
 Rowan W. Gould,
Director, U.S. Fish and Wildlife Service.
[FR Doc. E9-9220 Filed 4-21-09; 8:45 am]
BILLING CODE 4310-55-P