Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2014-0007;
FXES11130900000-145-FF09E42000]
RIN 1018-AY82
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Proposed rule and 12-month petition
finding.
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SUMMARY: We, the U.S. Fish and Wildlife Service,
announce a 12-month finding on a petition to reclassify the arroyo toad
(Anaxyrus californicus) as threatened under the Endangered Species Act of
1973,as amended (Act). After review of all available scientific and commercial
information, we find that reclassifying the arroyo toad as threatened is
warranted, and, therefore, we propose to reclassify the arroyo toad as
threatened under the Act. We are seeking information and
comments from the public regarding this proposed
rule.
DATES: We will accept comments received or
postmarked on or before May 27, 2014. We must receive requests for public
hearings, in writing, at the address shown in the FOR FURTHER INFORMATION
CONTACT section by May12, 2014.
ADDRESSES: Comment submission: You may submit
comments by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: http://www.regulations.gov.
In the Search box, enter FWS-R8-ES-2014-0007, which is the docket number for
this rulemaking. Then, in the Search panel on the left side of the screen, under
the Document Type heading, click on the Proposed Rules link to locate this
document. You may submit a comment by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments Processing, Attn: FWS-R8-ES-2014-0007;
Division of Policy and Directives Management; U.S. Fish and Wildlife Service;
4401 N. Fairfax Drive, MS 2042-PDM; Arlington, VA 22203.
We request that you send comments only
by the methods described above. We will post all comments on http://www.regulations.gov.
This generally means that we will post any personal information you provide us
(see the Information Requested section below for more information).
FOR FURTHER INFORMATION CONTACT: Stephen P. Henry,
Deputy Field
Supervisor, U.S. Fish and Wildlife Service, Ventura
Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 93003;
telephone 805-644-1766; 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:
Executive Summary
Purpose of Regulatory Action. In
December 2011, we received a petition to reclassify the arroyo toad from
endangered to threatened,based on analysis and recommendations contained in our
August 2009 5-year status review of the species. On June 4, 2012, we published a
90-day finding that the petition presented substantial information indicating
that reclassifying the arroyo toad may be warranted (77 FR 32922) and initiated
a status review. After review of all available scientific and commercial
information, we find that the petitioned action is warranted and propose to
reclassify the arroyo toad from an endangered species to a threatened species on
the Federal List of Endangered and Threatened Wildlife. This document
constitutes our 12-month finding in response to the petition to reclassify the
arroyo
toad from endangered to threatened.
The basis for our action. Under the
Act, we can determine that a species is an endangered species or threatened
species because of any of five factors: (A) The present or threatened
destruction, modification, or curtailment of its habitat or range;
(B)overutilization for commercial, recreational, scientific, or educational
purposes; (C) disease or predation; (D) the inadequacy of existing regulatory
mechanisms; or (E) other natural or manmade factors affecting its continued
existence. We must consider whether or not the species is an endangered species
or threatened species because of the
same factors when we consider reclassifying or
delisting a species.
We have determined that there are
still significant threats
impacting the arroyo toad currently and into the
future, particularly operation of dams and water diversions (Factors A and E);
urban development (Factors A and E); introduced predator species (Factors A and
C); and drought (Factors A and E). However, despite the existence of these
ongoing threats, we conclude that the overall magnitude ofthreats impacting the
arroyo toad has decreased since the time of listing, due in part to
implementation of conservation and management actions. Furthermore, we find that
the intent of the recovery criteria
for downlisting of the arroyo toad has been met, and
that the arroyo toad now fits the definition of a threatened rather than an
endangered species.
Information Requested
We intend that any final action
resulting from this proposal will be based on the best scientific and commercial
data available, and be as accurate and as effective as possible. Therefore, we
request comments or information from other governmental agencies, tribes, the
scientific community, industry, or other interested parties
concerning
this proposed rule. We particularly seek comments
concerning:
(1) Reasons why we should or should
not reclassify the arroyo toad under the Act (16 U.S.C. 1531 et
seq.).
(2) New biological or other relevant
data concerning any threat (or lack thereof) to this species.
(3) New information concerning the
distribution and population size or trends of this species.
(4) New information on the current or
planned activities within the range of the arroyo toad that may adversely affect
or benefit the species.
(5) New information and data on the
projected and reasonably likely impacts to the arroyo toad or its habitat
associated with climate change.
(6) New information on threats or
impacts to the arroyo toad in the Mexico portion of its range.
Please include sufficient information
with your submission (such as scientific journal articles or other publications)
to allow us to verify any scientific or commercial information you include.
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 an
endangered or threatened species must be made ``solely on the basis of the best
scientific and commercial data available.''
You may submit your comments and
materials concerning this proposed rule by one of the methods listed in the
ADDRESSES section. We requestthat you send comments only by the methods
described in the ADDRESSES section. If you submit information via http://www.regulations.gov,
yourentire submission--including any personal identifying information--will be
posted on the Web site. If your submission is made via a hardcopy that includes
personal identifying information, you may request at the
top of your document that we withhold this
information from public review. However, we cannot guarantee that we will be
able to do so. We will post all hardcopy submissions on http://www.regulations.gov.
Comments and materials we receive, as
well as supporting
documentation we used in preparing this proposed
rule, will be
available for public inspection on http://www.regulations.gov,
or by appointment, during normal business hours, at the U.S. Fish and Wildlife
Service, Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION
CONTACT).
Public Hearings
Section 4(b)(5) of the Act provides
for one or more public hearings on this proposal, if requested. We must receive
your request within 45 days after the date of this Federal Register publication.
Send your request to the address shown in FOR FURTHER INFORMATION CONTACT. We
will schedule public hearings on this proposal, if any are requested,and
announce the dates, times, and places of those hearings, as well as how to
obtain reasonable accommodations, in the Federal Register and
local newspapers at least 15 days before the
hearing.
Peer Review
In accordance with our joint policy on
peer review published in the Federal Register on July 1, 1994 (50 FR 34270), we
will seek the expert opinions of at least three appropriate and independent
specialists regarding this proposed rule. A thorough review of information that
we relied on in preparing this proposed rule--including information on taxonomy,
life history, ecology, population distribution and abundance, and potential
threats--is presented in the arroyo toad Species Report
(Service 2013) available at http://www.regulations.gov
(Docket Number FWS-R8-ES-2014-0007). The purpose of peer review is to ensure
that decisions are based on scientifically sound data, assumptions, and
analyses. The peer reviewers will conduct assessments of the proposed rule, and
the specific assumptions and conclusions regarding theproposed downlisting.
These assessments will be completed during the public comment
period.
We will consider all comments and
information we receive during the comment period on this proposed rule as we
prepare the final determination. Accordingly, the final decision may differ from
this proposal.
Previous Federal Action
We proposed to list the arroyo toad as
an endangered species under
the Act on August 3, 1993 (58 FR 41231), based
primarily on threats
from urban development, agricultural conversion,
construction of new
dams, roads and road maintenance, recreational
activities, introduced
predator species, and drought. We published a final
rule listing the
arroyo toad as an endangered species on December 16,
1994 (59 FR
64859). We published a recovery plan for the arroyo
toad in 1999
(Service 1999). Critical habitat was designated in
2001 (66 FR 9414,
February 7, 2001) and revised in 2005 (70 FR 19562,
April 13, 2005) and
2011 (76 FR 7246, February 9, 2011).
Under the Act, we maintain the Lists
of Endangered and Threatened
Wildlife and Plants at 50 CFR 17.11 (for animals)
and 17.12 (for
plants) (Lists). We amend the Lists by publishing
final rules in the
Federal Register. Section 4(c)(2)(A) of the Act
requires that we
conduct a review of listed species at least once
every 5 years. Section
4(c)(2)(B) requires that we determine: (1) Whether
a
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species no longer meets the definition of endangered
or threatened and should be removed from the Lists (delisted), (2) whether a
species listed as endangered more properly meets the definition of threatened
and should be reclassified to threatened (downlisted), or (3) whether a species
listed as threatened more properly meets the definition of endangered and should
be reclassified to endangered (uplisted). In accordance with 50 CFR 424.11(d),
using the best scientific and commercial data available, we will consider a
species for delisting
only if the data substantiate that the species is
neither endangered nor threatened for one or more of the following reasons: (1)
The species is considered extinct; (2) the species is considered recovered;or
(3) the original data available when the species was listed, or the
interpretation of such data, were in error.
We published a notice announcing
active review and requested public comments concerning the status of the arroyo
toad under section 4(c)(2)of the Act on March 5, 2008 (73 FR 11945). We notified
the public of completion of the 5-year review on May 21, 2010 (75 FR 28636). The
5-year review, completed on August 17, 2009 (Service 2009), resulted in a
recommendation to change the status of the species from endangered to
threatened. A copy of the 2009 5-year review for the arroyo toad is available on
the Service's Environmental Conservation Online System (http://ecos.fws.gov/docs/five_year_review/doc2592.pdf).
References Cited
A complete list of all references
cited in this proposed rule is available on the Internet at http://www.regulations.gov
under Docket No. FWS-R8-ES-2014-0007 or upon request from the Field
Supervisor,Ventura Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT
section).
Author
The primary author of this proposed
rule is the Pacific Southwest Regional Office in Sacramento, California, in
coordination with the Ventura Fish and Wildlife Office in Ventura, California
(see FOR FURTHER INFORMATION CONTACT).