18336 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules 

voluntary consensus standards pursuant 

to section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note). Section 

12(d) of NTTAA directs EPA to use 

voluntary consensus standards in its 

regulatory activities unless to do so 

would be inconsistent with applicable 

law or otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA requires EPA 

to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

J. Executive Order 12898 

Executive Order 12898, entitled 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994) establishes Federal executive 

policy on environmental justice. Its 

main provision directs Federal agencies, 

to the greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

While EPA has not assessed the 

potential impact of this proposed rule 

on minority and low-income 

populations, EPA did assess the 

potential impact of the final RRP rule as 

a whole. As a result of the final RRP rule 

assessment, contained in the economic 

analysis for the final RRP rule, EPA has 

determined that the final RRP rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it increases the 

level of environmental protection for all 

affected populations without having any 

disproportionately high and adverse 

human health or environmental effects 

on any population, including any 

minority or low-income population (Ref. 

9). 

List of Subjects in 40 CFR Part 745 

Environmental protection, Childoccupied facility, Housing renovation, 

Lead, Lead-based paint, Renovation, 

Reporting and recordkeeping 

requirements. 

Dated: April 15, 2009. 

Lisa P. Jackson, 

Administrator. 

Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 745—[AMENDED] 

1. The authority citation for part 745 

continues to read as follows: 

Authority: 15 U.S.C. 2605, 2607, 2681– 

2692 and 42 U.S.C. 4852d. 

2. Section 745.225 is amended by 

revising paragraphs (c)(14) introductory 

text, (c)(14)(i), (c)(14)(ii)(D)(6), and 

(c)(14)(iii) to read as follows: 

§ 745.225 Accreditation of training 

programs: target housing and childoccupied facilities. 

* * * * * 

(c) * * *

(14) The training manager must 

provide notification following 

completion of renovator, dust sampling 

technician, or lead-based paint activities 

courses. 

(i) The training manager must provide 

EPA notification after the completion of 

any renovator, dust sampling 

technician, or lead-based paint activities 

course. This notice must be received by 

EPA no later than 10 business days 

following course completion. 

(ii) * * *

(D) * * *

(6) For renovator or dust sampling 

technician courses only, a digital 

photograph of the student. 

* * * * * 

(iii) Notification must be 

accomplished using any of the following 

methods: Written notification, or 

electronically using the Agency’s 

Central Data Exchange (CDX). Written 

notification following training courses 

can be accomplished by using either the 

sample form, entitled Training Course 

Follow-up or a similar form containing 

the information required in paragraph 

(c)(14)(ii) of this section. All written 

notifications must be delivered by U.S. 

Postal Service, fax, commercial delivery 

service, or hand delivery (persons 

submitting notification by U.S. Postal 

Service are reminded that they should 

allow 3 additional business days for 

delivery in order to ensure that EPA 

receives the notification by the required 

date). Instructions and sample forms can 

be obtained from the NLIC at 1–800– 

424–LEAD (5323), or on the Internet at 

http://www.epa.gov/lead. 

* * * * * 

[FR Doc. E9–9227 Filed 4–21–09; 8:45 am] 

BILLING CODE 6560–50–S 

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: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• 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, 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules 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 


dwashington3 on PROD1PC60 with PROPOSALS
18338 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules 

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 blackbellied 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 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules 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 


dwashington3 on PROD1PC60 with PROPOSALS
18340 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules 

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 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Proposed Rules 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 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R3–ES–2009–0017; 92210–1117– 

0000–FY09–B4] 

RIN 1018–AW47 

Endangered and Threatened Wildlife 

and Plants; Revised Critical Habitat for 

the Hine’s Emerald Dragonfly 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Revised proposed rule; 

reopening of public comment period, 

proposal to designate additional critical 

habitat unit. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

on our July 26, 2006, proposed rule on 

the designation of critical habitat for the 

Hine’s emerald dragonfly (Somatochlora 

hineana) under the Endangered Species 

Act of 1973, as amended (Act). At this 

time the Service is reconsidering 

designating critical habitat on the 

Hiawatha National Forest in Michigan 

and the Mark Twain National Forest in 

Missouri as identified in the July 26, 

2006, proposal. During the process of 

reconsidering the exclusion of these 

Federal lands, critical habitat designated 

by the September 5, 2007, final rule 

remains in place, while the Federal 

lands as described in the July 2006 

proposed rule are considered as 

proposed critical habitat. Through this 

notice, the Service is also taking the 

opportunity pursuant to section 

4(a)(3)(B) of the Act to propose a new 

unit on the Mark Twain National Forest 

that was not known to be occupied by 

the Hine’s emerald dragonfly at the time 

of the September 5, 2007, final rule but 

has since been discovered. The 

reopened comment period will provide 

all interested parties with an additional 

opportunity to submit written 

comments on the proposed rule, 

specifically regarding the new proposed 

unit and the exclusion of U.S. Forest 

Service lands from the 2007 final 

designation. Comments previously 

submitted on the proposed critical 

habitat designation need not be 

resubmitted; they have already been 

incorporated into the public record and 

will be fully considered in the final 

decision. 

DATES: We will consider comments 

received on or before June 22, 2009. 

ADDRESSES: You may submit comments 

by one of the following methods: 


dwashington3 on PROD1PC60 with PROPOSALS