Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Reticulated Flatwoods Salamander; Designation of Critical Habitat for Frosted Flatwoods Salamander and Reticulated Flatwoods Salamander, 6700-6774 [E9-2403]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 74, Number 26 (Tuesday, February 10, 2009)]
[Rules and Regulations]
[Pages 6700-6774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2403]



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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for Reticulated Flatwoods Salamander; Designation of 
Critical Habitat for Frosted Flatwoods Salamander and Reticulated 
Flatwoods Salamander; Final Rule

Federal Register / Vol. 74, No. 26 / Tuesday, February 10, 2009 / 
Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R4-ES-2008-0082; MO 9921050083-B2]
RIN 1018-AU85


Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for Reticulated Flatwoods Salamander; Designation of 
Critical Habitat for Frosted Flatwoods Salamander and Reticulated 
Flatwoods Salamander

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), finalize the 
listing under the Endangered Species Act of 1973, as amended (Act), of 
the currently threatened flatwoods salamander (Ambystoma cingulatum) 
into two distinct species: Frosted flatwoods salamander (Ambystoma 
cingulatum) and reticulated flatwoods salamander (Ambystoma bishopi) 
due to a recognized taxonomic reclassification; determine endangered 
status for the reticulated flatwoods salamander; retain threatened 
status for the frosted flatwoods salamander; and designate critical 
habitat for the frosted flatwoods salamander and the reticulated 
flatwoods salamander. In total, approximately 27,423 acres (ac) (11,100 
hectares (ha)) in 35 units or subunits fall within the boundaries of 
the critical habitat designation; 22,970 ac (9,297 ha) of critical 
habitat is designated for the frosted flatwoods salamander and 4,453 ac 
(1,803 ha) for the reticulated flatwoods salamander. This area is a 
reduction of 3,205 ac (977 ha) from the proposed designation; 162 ac 
(66 ha) less for the frosted flatwoods salamander and 3,043 ac (928 ha) 
less for the reticulated flatwoods salamander. The critical habitat is 
located in Baker, Calhoun, Franklin, Holmes, Jackson, Jefferson, 
Liberty, Santa Rosa, Wakulla, Walton, and Washington Counties in 
Florida; Baker and Miller Counties in Georgia; and Berkeley, 
Charleston, and Jasper Counties in South Carolina.

DATES: This rule becomes effective on March 12, 2009.

ADDRESSES: This final rule and final economic analysis are available on 
the Internet at https://www.regulations.gov. Supporting documentation we 
used in preparing this final rule is available for public inspection, 
by appointment, during normal business hours, at U.S. Fish and Wildlife 
Service, Mississippi Fish and Wildlife Office, 6578 Dogwood View 
Parkway, Jackson, MS 39213.

FOR FURTHER INFORMATION CONTACT: Ray Aycock, Field Supervisor, U.S. 
Fish and Wildlife Service, Mississippi Field Office, 6578 Dogwood View 
Parkway, Jackson, MS 39213; telephone: 601-321-1122; facsimile: 601-
965-4340. If you use a telecommunications device for the deaf (TDD), 
call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: This document consists of: (1) A final rule 
to change the listing of the currently threatened flatwoods salamander 
(Ambystoma cingulatum) to frosted flatwoods salamander (Ambystoma 
cingulatum) and reticulated flatwoods salamander (Ambystoma bishopi) 
(the frosted flatwoods salamander will continue to be listed as 
threatened and the reticulated flatwoods salamander is listed as 
endangered); and (2) final critical habitat designations for each 
species.

Previous Federal Actions

    The flatwoods salamander was listed as threatened on April 1, 1999 
(64 FR 15691). At that time, we found that designation of critical 
habitat for the flatwoods salamander was not prudent because such 
designation would not be beneficial and may increase threats to the 
species. On April 1, 2005, Center for Biological Diversity, Wild South, 
and Florida Biodiversity Project filed a lawsuit against the Secretary 
of the Interior alleging failure to designate critical habitat for the 
flatwoods salamander. In a court-approved settlement agreement, we 
agreed to re-evaluate the need for critical habitat for the species 
and, if prudent, submit a proposed designation of critical habitat to 
the Federal Register by January 30, 2007, and submit a final critical 
habitat rule for publication in the Federal Register by January 30, 
2008. We published a proposed rule to designate critical habitat for 
the flatwoods salamander in the Federal Register on February 7, 2007 
(72 FR 5856). After that proposed rule published, new information 
became available on its taxonomic classification and additional threats 
to occupied habitat that necessitated a reevaluation of the proposed 
rule. On January 25, 2008, the court-approved settlement agreement was 
modified to require that a revised proposed critical habitat 
designation for the frosted flatwoods salamander and the reticulated 
flatwoods salamander be submitted for publication in the Federal 
Register on or before July 30, 2008, with the final critical habitat 
rule to be submitted for publication in the Federal Register by January 
30, 2009. The revised proposed rule was signed on and delivered to the 
Federal Register on July 30, 2008, and it subsequently published on 
August 13, 2008 (73 FR 47258). We also published supplemental 
information on the proposed rule to maintain the status of the frosted 
flatwoods salamander as threatened (73 FR 54125; September 18, 2008).

Public Comments

    Due to the nature of the proposed rule, we received combined 
comments from the public on the listing action and the critical habitat 
designation. Therefore, we have addressed these issues in a single 
comment section. In this final rule, we have presented the listing 
analysis first, followed by the analysis for designation of critical 
habitat. All public comments and our responses to them are presented 
under the Critical Habitat section.

Background

    It is our intent to discuss only those topics directly relevant to 
the taxonomic reclassification of the flatwoods salamander into two 
species, the frosted flatwoods salamander and the reticulated flatwoods 
salamander, the determination of the status of these two species, and 
the designation of critical habitat for both species. For more 
information on the biology and ecology of flatwoods salamanders, refer 
to the final listing rule published in the Federal Register on April 1, 
1999 (64 FR 15691). For information on our proposed determination of 
endangered status for the reticulated flatwoods salamander, and on the 
proposed designation of critical habitat for the frosted flatwoods 
salamander and the reticulated flatwoods salamander, refer to the 
proposed rule published in the Federal Register on August 13, 2008 (73 
FR 47258).

Taxonomic Classification

    The original listing rule (64 FR 15691; April 1, 1999) described 
the geographic range of the flatwoods salamander as it was known at 
that time. The range for the species included occurrences across the 
lower southeastern Coastal Plain in Florida, Georgia, and South 
Carolina. Taxonomic revision resulted from research done by Pauly et 
al. (2007, pp. 415-429) that suggested a taxonomic reclassification of 
the species by splitting the flatwoods salamander into two species--the 
frosted flatwoods salamander and the reticulated

[[Page 6701]]

flatwoods salamander. The Apalachicola River drainage forms a 
geographic barrier between the two species. This drainage is a common 
site for east-west phylogeographic breaks in many other taxa as well. 
For this reason, the reclassification of the flatwoods salamander into 
two species is currently accepted by the scientific community and by 
the Service. We hereby amend the List of Endangered and Threatened 
Wildlife at 50 CFR 17.11(h) to reflect this revision to taxonomy.
    Goin (1950, p. 299) recognized two distinct subspecies of flatwoods 
salamander based on morphological and color pattern variation. This 
reclassification between the eastern and western portions of the 
salamander's range was later discounted in an analysis by Martof and 
Gerhardt (1965, pp. 342-346) and for the past 40 years the concept of a 
single undifferentiated species persisted. Pauly et al. (2007, pp. 415-
429) conducted molecular and morphological analyses to test whether the 
flatwoods salamander, as originally described, followed a pattern of 
east-west disjunction at the Apalachicola River as has been described 
in many other species. They were able to demonstrate this predicted 
phylogeographic break. Based on mitochondrial DNA (mtDNA), morphology, 
and allozymes, they recognize two species of flatwoods salamanders, 
frosted flatwoods salamander to the east of the Apalachicola drainage 
and reticulated flatwoods salamander to the west. The Apalachicola 
River is probably the cause of major disjunctions in species 
distributions due to the repeated marine embayments during the Pliocene 
and Pleistocene interglacials that likely caused a barrier to gene 
flow.
    In the Pauly et al. (2007, pp. 415-429) analyses, the use of mtDNA 
splits flatwoods salamander populations into two major clades east and 
west of the Apalachicola-Flint rivers. Samples from Jackson and Liberty 
Counties, Florida, are informative because, geographically, they are 
located on opposite sides of the river but are phylogenetically distant 
with respect to mtDNA sequence divergence. In contrast, geographically 
distant populations on the same side of the Apalachicola River are very 
closely related. Their morphological analyses also support a taxonomic 
boundary at the Apalachicola-Flint rivers. Salamanders on opposite 
sides of this boundary significantly differed in both body shape and 
size based on multivariate analyses. The number of costal grooves 
(grooves along the side body of salamanders used in species 
identification), snout-vent length, six additional morphometric traits, 
and sexual dimorphisms in tail length, height, and width are all 
significantly different between the two taxa. Due to the importance of 
the tail in ambystomatid courtship and fertilization, tail differences 
may be particularly important (Duellman and Trueb 1986, pp. 64-66).
    Allozyme data presented in Shaffer et al. (1991, pp. 290-291, 302) 
also indicated differences between salamanders on either side of the 
Apalachicola River. Their results demonstrated these populations have 
fixed-allele differences, consistent with the mtDNA and morphological 
results.
    The frosted and reticulated flatwoods salamanders can be 
differentiated from each other by the use of several morphological 
characters (Pauly et al. 2007, pp. 424-425). The frosted flatwoods 
salamander generally has more costal grooves and tends to be larger 
than the reticulated flatwoods salamander. For individuals of the same 
size, the frosted flatwoods salamander has longer forelimbs and hind 
limbs and a larger head. Male frosted flatwoods salamanders have longer 
tails than those of the reticulated flatwoods salamander. The belly 
pattern of the frosted flatwoods salamander consists of discrete white 
spots on a dark background, while the spots are less distinct in the 
reticulated flatwoods salamander giving a ``salt and pepper'' 
appearance (Goin 1950, pp. 300-314). The back pattern of the 
reticulated flatwoods salamander has a more net-like appearance than 
the frosted flatwoods salamander, as the common names imply.
    In summary, in the Regulation Promulgation section of this 
document, we present a taxonomic change reflecting the reclassification 
of flatwoods salamander (Ambystoma cingulatum) to frosted flatwoods 
salamander (A. cingulatum) and reticulated flatwoods salamander (A. 
bishopi).

Listing of the Reticulated Flatwoods Salamander

History of the Action

    On December 16, 1997, we published a proposed rule to list the 
flatwoods salamander as a threatened species (62 FR 65787). We 
published the final rule to list the species on April 1, 1999 (64 FR 
15691). On August 13, 2008, we published the proposal to list the 
reticulated flatwoods salamander, currently known as the flatwoods 
salamander west of the Apalachicola-Flint Rivers, as a new species (73 
FR 47258).

Species Information

    As far as we currently know, the life history traits and habitat 
use of both the frosted flatwoods salamander and the reticulated 
flatwoods salamander are similar to those previously described for the 
flatwoods salamander. Both species of flatwoods salamanders are 
moderately sized salamanders that are generally black to chocolate-
black with fine, irregular, light gray lines and specks that form a 
cross-banded pattern across their backs (back pattern more net-like in 
the reticulated flatwoods salamander). The frosted flatwoods salamander 
generally tends to be larger than the reticulated flatwoods salamander, 
as described above. Adults are terrestrial and live underground most of 
the year. They breed in relatively small, isolated ephemeral ponds 
where the larvae develop until metamorphosis. Post-metamorphic 
salamanders migrate out of the ponds and into the uplands where they 
live until they move back to ponds to breed as adults. Both species of 
flatwoods salamander are endemic to the lower southeastern Coastal 
Plain and occur in what were historically longleaf pine-wiregrass 
flatwoods and savannas (Palis and Means 2005, pp. 608-609).
    The historical range of what is now considered the reticulated 
flatwoods salamander included parts of the States of Alabama, Florida, 
and Georgia, which are in the lower Coastal Plain of the southeastern 
United States west of the Apalachicola-Flint Rivers. We have compiled 
26 historical (pre-1990) records for the reticulated flatwoods 
salamander.
    In Alabama, there are five historical localities for the 
reticulated flatwoods salamander, all in the extreme southern portion 
of the State in Baldwin, Covington, Houston, and Mobile Counties. 
Surveys have been conducted at numerous sites since 1992; however, no 
reticulated flatwoods salamanders have been observed in Alabama since 
1981 (Jones et al. 1982, p. 51; Godwin 2008).
    Two historical records for the reticulated flatwoods salamander are 
known from Georgia, one each in Baker and Early Counties. Site visits 
to the areas in the vicinity of these two records have indicated that 
there is no longer suitable habitat for flatwoods salamanders at these 
localities. The area of the Baker County record has been cleared for 
agriculture (LaClaire 1994b). The upland habitat surrounding the Early 
County record has been converted to home sites and agricultural fields 
(Seyle 1994, p. 4). Four new reticulated flatwoods salamander breeding 
ponds

[[Page 6702]]

have been discovered since 1990. One pond is on the Mayhaw Wildlife 
Management Area owned by the State of Georgia in Miller County. Three 
ponds are on private property in Baker County. Currently, two 
reticulated flatwoods salamander populations are supported by these 
breeding sites in Georgia.
    Nineteen historical (pre-1990) records for the reticulated 
flatwoods salamander are known for Florida. Reticulated flatwoods 
salamander breeding has been documented at only five (26 percent) of 
these sites since 1990. Extensive surveys throughout the range of the 
Ambystoma cingulatum, conducted prior to the original listing in 1999, 
resulted in identifying 39 additional breeding sites. Thirty-one (80 
percent) of these sites are located in Okaloosa and Santa Rosa 
Counties, primarily on Department of Defense lands. Currently, 18 
populations of the reticulated flatwoods salamander are known from 
Florida.
    The combined data from all survey work completed since 1990 in 
Florida and Georgia indicate there are 20 populations of the 
reticulated flatwoods salamander. Some of these populations are 
inferred from the capture of a single individual. Nine (45 percent) of 
the known reticulated flatwoods salamander populations occur, at least 
in part, on public land. Of these, Department of Defense lands in 
Florida harbor four populations of the reticulated flatwoods salamander 
at Eglin Air Force Base, Hurlburt Field, and Navy Outlying Landing 
Field Holley. State and local agencies in Florida and Georgia partially 
manage habitat for five additional populations and monitor breeding 
ponds. In Florida, Pine Log State Forest harbors a single population; 
Northwest Florida Water Management District (NWFLWMD) and Blackwater 
River State Forest share management of a single population; NWFLWMD and 
Yellow River Marsh Preserve State Park share management of most of 
another property supporting an additional population; and the Santa 
Rosa County School Board owns a portion of the habitat supporting a 
single population. In Georgia, the Mayhaw Wildlife Management Area 
supports a single population. Eleven (55 percent) reticulated flatwoods 
salamander populations are solely on private land.

Summary of Factors Affecting the Reticulated Flatwoods Salamander

    Section 4 of the Act and regulations (50 CFR part 424) promulgated 
to implement the listing provisions of the Act set forth the procedures 
for adding species to Federal lists. 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). The original listing rule for the 
flatwoods salamander (64 FR 15691) contained a discussion of these five 
factors, as did the proposed rule (73 FR 47258; August 13, 2008) and 
supplemental information (73 FR 54125; September 18, 2008). Only those 
factors relevant to the proposed reclassification of the reticulated 
flatwoods salamander (Ambystoma bishopi Goin, 1950) from threatened to 
endangered are described below:
A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range
    The major threat to the reticulated flatwoods salamander is loss of 
both its longleaf pine-slash pine flatwoods terrestrial habitat and its 
isolated, seasonally ponded breeding habitat. The combined pine 
flatwoods (longleaf pine-wiregrass flatwoods and slash pine flatwoods) 
historical area was approximately 32 million acres (ac) (12.8 million 
hectares (ha)) (Outcalt 1997, p. 4). This area has been reduced to 5.6 
million ac (2.27 million ha) or approximately 18 percent of its 
original extent (Outcalt 1997, p. 4). These remaining pine flatwoods 
(non-plantation forests) areas are typically fragmented, degraded, 
second-growth forests (Outcalt 1997, p. 6). Conversion of pine 
flatwoods to intensively managed (use of heavy mechanical site 
preparation, high stocking rates, and low fire frequencies) slash or 
loblolly plantations often resulted in degradation of flatwoods 
salamander habitat by creating well-shaded, closed-canopied forests 
with an understory dominated by shrubs or pine needles (Outcalt 1997, 
pp. 4-6; Palis 1997, pp. 61-63). Disturbance-sensitive ground cover 
species, such as wiregrass (Aristida stricta [= A. beyrichiana] Kesler 
et al. 2003, p. 9), dropseed (Sporobolus spp.), and perennial forbs 
were either greatly reduced in extent or were replaced by weedy 
pioneering species (Moore et al. 1982, p. 216; Outcalt and Lewis 1988, 
pp. 1-12; Hardin and White 1989, pp. 243-244). In a study conducted by 
Hedman et al. (2000, p. 233), longleaf pine plots had significantly 
more herbaceous species and greater herbaceous cover than loblolly or 
slash pine plots. For example, wiregrass is often lost from a site when 
habitat is converted from longleaf pine forest to other habitat types 
using common mechanical site preparation methods (Outcalt and Lewis 
1988, p. 2). Loss of wiregrass is considered an indicator of site 
degradation from fire suppression or soil disturbance (Clewell 1989; 
pp. 226, 230-232). Flatwoods salamanders are unlikely to persist in 
uplands with a disturbed, wiregrass-depauperate ground cover (Palis 
1997, p. 63).
    Forest management that includes intensive site preparation may 
adversely affect flatwoods salamanders directly and indirectly (Means 
et al. 1996, p. 426). Bedding (a technique in which a small ridge of 
surface soil is elevated as a planting bed) alters the surface soil 
layers, disrupts the site hydrology, and often eliminates the native 
herbaceous ground cover. This can have a cascading effect of reducing 
the invertebrate community that serves as a food source for flatwoods 
salamander adults. Post-larval and adult flatwoods salamanders occupy 
upland flatwoods sites where they live underground in crayfish burrows, 
root channels, or burrows of their own making (Goin 1950, p. 311; Neill 
1951, p. 765; Mount 1975, pp. 98-99; Ashton and Ashton 2005, pp. 63, 
65, 68-71). The occurrence of these underground habitats is dependent 
upon protection of the soil structure. Intensive site preparation 
destroys the subterranean voids and may result in entombing, injuring, 
or crushing individuals.
    Ecologists consider fire suppression the primary reason for the 
degradation of remaining longleaf pine forest habitat. The disruption 
of the natural fire cycle has resulted in an increase in slash and 
loblolly pine on sites formerly dominated by longleaf pine, an increase 
in hardwood understory, and a decrease in herbaceous ground cover 
(Wolfe et al. 1988, p. 132). Although reticulated flatwoods salamanders 
have been found at sites with predominately loblolly or slash pine, the 
long-term viability of populations at these sites is unknown. On public 
lands, prescribed burning is a significant part of habitat management 
plans. However, implementation of prescribed burning has been 
inconsistent due to financial constraints and limitations of weather 
(drought, wind direction, etc.) that restrict the number of 
opportunities to burn.
    These alterations of the longleaf pine ecosystem, as a result of 
incompatible forest practices, have caused historic losses of 
reticulated flatwoods salamander habitat. Conversion of native pine 
flatwoods to plantation forests is not considered a significant threat 
at this time. Forecasts indicate that most new plantation forests will 
come from converting agricultural fields (Wear and Greis 2002, p. 47). 
Nevertheless, we have documented the historic extirpation of at least 
one previously known population each from Gulf and Jackson Counties in 
Florida,

[[Page 6703]]

over the last 4 decades because of habitat degradation on lands 
currently managed as pine plantations. In addition, ponds surrounded by 
pine plantations and protected from the natural fire regime may become 
unsuitable as reticulated flatwoods salamander breeding sites due to 
canopy closure and the resultant reduction in emergent herbaceous 
vegetation needed for egg deposition and larval development sites 
(Palis 1997, p. 62). In addition, lack of fire within the pond during 
periods of dry-down may result in chemical and physical (vegetative) 
changes that are unsuitable for the salamander (Palis 1997, p. 62). 
Lack of fire in the ecotone may result in the development of a thick 
shrub zone making it physically difficult or impossible for adult 
salamanders to enter the breeding ponds (Ripley and Printiss 2005, pp. 
1-2, 11).
    Land use conversions to urban development and agriculture 
eliminated large areas of pine flatwoods in the past (Schultz 1983, pp. 
24-47; Stout and Marion 1993, pp. 422-429; Outcalt and Sheffield 1996, 
pp. 1-5; Outcalt 1997, pp. 1-6). Urbanization and agriculture have 
resulted in the loss of one reticulated flatwoods salamander population 
from each of the following counties: Mobile and Baldwin Counties, 
Alabama; Escambia, Jackson, and Washington Counties, Florida; and Early 
County, Georgia. Two known populations have been extirpated from Santa 
Rosa County, Florida. State forest inventories completed between 1989 
and 1995 indicated that flatwoods losses through land use conversion 
were still occurring (Outcalt 1997, pp. 3-6). Urbanization in the 
panhandle of Florida and around major cities is reducing the available 
pine forest habitat. Wear and Greis (2002, pp. 47, 92) identify 
conversion of forests to urban land uses as the most significant threat 
to southern forests. They predict that the South could lose about 12 
million ac (4.9 million ha) of pine forest habitat to urbanization 
between 1992 and 2020. Several relatively recent discoveries of 
previously unknown reticulated flatwoods salamander breeding sites in 
Santa Rosa County, Florida, have been made in conjunction with wetland 
surveys associated with development projects (Cooper 2008a). No 
reticulated flatwoods salamanders have been observed at these degraded 
sites since completion of the projects (Cooper 2008a).
    In addition to the loss of upland forested habitat, the number and 
diversity of small wetlands where reticulated flatwoods salamanders 
breed have been substantially reduced. Threats to breeding sites 
include alterations in hydrology, agricultural and urban development, 
road construction, incompatible silvicultural practices, shrub 
encroachment, dumping in or filling of ponds, conversion of wetlands to 
fish ponds, domestic animal grazing, soil disturbance, and fire 
suppression (Vickers et al. 1985, pp. 22-26; Palis 1997, p. 58; Ashton 
and Ashton 2005, p. 72). Hydrological alterations, such as those 
resulting from ditches created to drain flatwoods sites or fire breaks 
and plow lines, represent one of the most serious threats to 
reticulated flatwoods salamander breeding sites. Lowered water levels 
and shortened hydroperiods at these sites may prevent successful 
flatwoods salamander recruitment because larval salamanders require 11 
to 18 weeks to reach metamorphosis and leave the ponds (Palis 1995, p. 
352).
    Drought conditions exacerbate other threats and, although they 
represent a natural phenomenon, can lower the resiliency of populations 
to withstand other man-made threats. The U.S. Geological Survey (USGS) 
has documented multiple drought periods in the southeastern United 
States since the 1890s (USGS 2000, p. 1). Significant drought periods 
documented in the last three decades are: 1980-1982, 1984-1989, 1998-
2002, 2005-2008 (USGS 1991, p. 163; USGS 2000, p. 1; Seager et al. 
2008, pp. 2, 22). Although a naturally occurring condition, drought 
presents additional complications for a species, like reticulated 
flatwoods salamander, which has been extirpated from most of its 
historic range and for which populations are represented by single 
ponds. Palis et al. (2006, p. 5-6) conducted a study in Florida on a 
population of the closely related frosted flatwoods salamander during a 
drought from 1999-2002. This study found three consecutive years of 
reproductive failure and a steadily declining adult immigration to 
breed at the site as the drought progressed.
    Taylor et al. (2005, p. 792) noted that wide variation in 
reproductive success is common among pond-breeding amphibians that 
depend on seasonal filling of these areas, but that adult persistence 
may buffer against fluctuations in that success, particularly for 
species that are long-lived. Although Palis et al. (2006, p. 6) 
suggested that the flatwoods salamander may only live about 4 years 
(based on captive animals), we are currently unsure of the exact 
lifespan of wild individuals. Other sources have suggested 10 years may 
represent a maximum lifespan (Jensen 2008). As a result, it is 
difficult to predict how long adults could persist in the landscape 
without a successful breeding event to replenish the population. 
However, Taylor et al. (2005, pp. 792, 796) constructed a model, based 
on extensive population data available for the marbled salamander 
(Ambystoma opacum), to look at how many years of reproductive failure 
would be required to result in local extinction of pond-breeding 
salamanders (with varying lifespans) and found that even without total 
reproductive failure, populations required moderate to high upland 
post-metamorphic survival to persist. Catastrophic failure in this 
study created fluctuations in the population, raised the threshold of 
survival required to achieve persistence, and imposed the possibility 
of extinction even under otherwise favorable environmental conditions. 
Reproductive failure was closely tied to hydrologic conditions; 
insufficient or short hydroperiod was the primary cause for complete 
failure. In addition, early filling of the ponds could also facilitate 
the establishment of invertebrate or vertebrate predators before 
hatching of the eggs (Taylor et al. 2005, p. 796).
    Palis et al. (2006, p. 6-7) discussed the necessity of protecting 
clusters of flatwoods salamander breeding sites, especially those with 
different hydrologic regimes, to guard against population declines at 
any one breeding site resulting from random events, such as droughts 
(Palis 2006, p. 7). A cluster of breeding sites represents a 
metapopulation, which is defined as neighboring local populations close 
enough to one another that dispersing individuals could be exchanged 
(gene flow) at least once per generation. Currently, the only place 
where a metapopulation exists for the reticulated flatwoods salamander 
is on Eglin Air Force Base.
    Habitat fragmentation of the longleaf pine ecosystem resulting from 
habitat conversion threatens the survival of the reticulated flatwoods 
salamander. Large tracts of intact longleaf pine flatwoods habitat are 
fragmented by pine plantations, roads, and unsuitable habitat. Most 
reticulated flatwoods salamander populations are widely separated from 
each other by unsuitable habitat. This has been verified through recent 
reviews of aerial photography and site visits to localities of 
historical and current records for the species. Studies have shown that 
the loss of fragmented populations is common, and recolonization is 
critical for their regional survival (Fahrig and Merriam 1994, pp. 50-
56; Burkey 1995, pp. 527-540). Amphibian populations may be

[[Page 6704]]

unable to recolonize areas after local extirpations due to their 
physiological constraints, relatively low mobility, and site fidelity 
(Blaustein et al. 1994, pp. 60, 67-68). In the case of the reticulated 
flatwoods salamander, 70 percent of populations only have one breeding 
pond and if the habitat at that one site is destroyed, recolonization 
would be impossible (see further discussion of metapopulation dynamics 
under Factor E).
    Roads contribute to habitat fragmentation by isolating blocks of 
remaining contiguous habitat. They may disrupt migration routes and 
dispersal of individuals to and from breeding sites. Road construction 
can result in changes in hydrology and destruction of breeding ponds, 
as described above. In addition, vehicles may also cause the death of 
reticulated flatwoods salamanders when they are attempting to cross 
roads (Means 1996, p. 2). Road construction resulted in the destruction 
of a historic reticulated flatwoods salamander breeding pond in 
Escambia County, Florida (Palis 1997, p. 62). A road through Eglin Air 
Force Base (Eglin) and Hurlburt Field has been proposed by the 
Northwest Florida Transportation Corridor Authority (NWFTCA) (NWFTCA 
2007). We are currently in consultation regarding this bypass project. 
The conceptually approved route for the project, as currently proposed, 
places the road adjacent to or through 22 breeding sites that support 
the largest reticulated flatwoods salamander population (Mittiga 2007). 
However, the Service has been assured by Eglin that they will not allow 
negative impacts to the salamander's habitat and that they will 
continue to ensure the conservation of the reticulated flatwoods 
salamander (Department of the Air Force (DoAF) 2008a, p. 1; 2008b, p. 
1). The Service will work with Eglin to protect these breeding sites 
which represent the only population of this species supported by more 
than three breeding ponds and functioning as a metapopulation.
    In summary, the loss of habitat is a significant threat to the 
reticulated flatwoods salamander. This threat is compounded by current 
drought conditions and the nature of pond-breeding salamanders to 
undergo periodic reproductive failure. We consider this threat to be 
imminent and of high magnitude because of this species' narrow range 
and the rapid rate of habitat loss that is currently occurring within 
the range of this species. Thirteen (65 percent) of the reticulated 
flatwoods salamander populations are partly or completely on private 
land where habitat continues to be degraded by management that 
frequently includes fire suppression and intensive site preparation 
that alters surface soil layers, disrupts site hydrology, disturbs the 
ground cover, and which has the potential to entomb, injure, or crush 
individual salamanders. Forest management conducted in this way is 
considered incompatible for maintaining flatwoods salamander 
populations. Range-wide historic losses of both upland and wetland 
habitat have occurred due to conversion of flatwoods sites to 
agriculture, urban development, and intensively managed pine 
plantations. The remaining flatwoods habitat continues to be threatened 
by fire suppression and other incompatible forest management practices, 
road construction, and habitat fragmentation across the range of the 
species. Localized threats to existing wetland breeding sites include 
alterations in hydrology from agriculture, urban development, road 
construction, and incompatible forest management; and fire suppression. 
As a result, we have determined that the present or threatened 
destruction, modification, or curtailment of the reticulated flatwoods 
salamander's habitat and range represents an imminent and significant 
threat to the species.
B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes
    Overcollecting does not appear to be a threat to the reticulated 
flatwoods salamander at this time. There is no evidence of a past or 
current problem with collection of this species. Consequently, we have 
determined that the factor of overutilization for commercial, 
recreational, scientific, or educational purposes is not a threat to 
the reticulated flatwoods salamander at this time.
C. Disease or Predation
    Although disease has not been specifically documented in the 
reticulated flatwoods salamander thus far, disease outbreaks with mass 
mortality in other species of salamanders indicate that disease may be 
a threat for this species as well (Daszak et al. 1999, p. 736). ``Red-
leg'' disease (Aeromonas hydrophila), a pathogen bacterium, caused 
mortality of the mole salamander (A. talpoideum) at the breeding pond 
of the reticulated flatwoods salamander in Miller County, Georgia 
(Maerz 2006), and reticulated flatwoods salamanders have not been 
observed at this site since the disease was reported. In addition, 
Whiles et al. (2004, p. 211) found a parasitic nematode (Hedruris 
siredonis, family Hedruridae) in larvae of the closely related frosted 
flatwoods salamander from South Carolina and Florida. This parasite has 
been found in other ambystomatids and can cause individuals to become 
undersized and thin, thus reducing their fitness (Whiles et al. 2004, 
p. 212). The infestations were not considered heavy and were probably 
not having a negative impact on the larvae studied; however, 
environmental degradation may change the dynamics between salamander 
populations and normally innocuous parasites (Whiles et al. 2004, p. 
212). Ranaviruses in the family Iridoviridae and the amphibian chytrid 
fungus (Batrachochytrium dendrobatidis) may be other potential threats, 
although the susceptibility of the reticulated flatwoods salamander to 
these diseases is unknown. Ranaviruses have been responsible for die-
offs of tiger salamanders throughout western North America and spotted 
salamanders (A. maculatum) in Maine (Daszak et al. 1999, p. 736). 
Chytrid fungus has been discovered and associated with mass mortality 
in tiger salamanders in southern Arizona and California, and the Santa 
Cruz long-toed salamander (A. macrodactylum croceum) (Vredenburg and 
Summers 2001, p. 151; Davidson et al. 2003, p. 601; Padgett-Flohr and 
Longcore 2005, p. 50). This discussion of disease in other species of 
closely related salamanders indicates the potential existence of 
similar threats to reticulated flatwoods salamander populations.
    Exposure to increased predation by fish is a threat to the 
reticulated flatwoods salamander when isolated, seasonally ponded 
wetland breeding sites are changed to or connected to more permanent 
wetlands inhabited by fish species not typically found in temporary 
ponds. Studies of other ambystomatid species have demonstrated a 
decline in larval survival in the presence of predatory fish (Semlitsch 
1987, p. 481). Ponds may be modified specifically to serve as fish 
ponds or sites may be altered because of drainage ditches, firebreaks, 
or vehicle tracks that can all provide avenues for fish to enter the 
wetlands.
    Red imported fire ants (Solenopsis invicta) are potential predators 
of flatwoods salamanders, especially in disturbed areas. They have been 
seen in areas disturbed by the installation of drift fences at known 
breeding sites of the closely related frosted flatwoods salamander 
(Palis 2008). The severity and magnitude, as well as the long-term 
effect, of fire ants on reticulated flatwoods salamander populations 
are currently unknown.

[[Page 6705]]

    In summary, diseases of amphibians in the southeastern United 
States remain largely unstudied. However, given the incidence of 
disease in species that could be considered surrogates for flatwoods 
salamanders, the probability exists for similar infections to occur in 
reticulated flatwoods salamander populations. We consider this to be an 
imminent threat of moderate magnitude. Predation by fish is a historic 
threat that continues to be a localized problem when ditches, 
firebreaks, or vehicle ruts provide connections allowing the movement 
of fish from permanent water bodies into reticulated flatwoods 
salamander breeding sites. Sixty-five percent of reticulated flatwoods 
salamander breeding ponds are partly or completely on private land. 
This situation increases the probability of fish being introduced to a 
breeding site, which would then cause the breeding habitat to become 
unsuitable and result in the extinction of the population. Fire ants 
also have the potential of being a localized threat, particularly in 
disturbed areas. In addition, we believe that the threats described 
here would also act to exacerbate other threats to the species. 
Overall, we consider the threat within this factor to be imminent and 
of moderate magnitude because 70 percent of reticulated flatwoods 
salamander populations are supported by a single breeding pond; 
diseases and fish and invertebrate predators have been found at ponds 
within the species' range; and these diseases and predators are known 
to cause mortality or reproductive failure in related species.
D. The Inadequacy of Existing Regulatory Mechanisms
    There are no existing regulatory mechanisms for the protection of 
the upland habitats where reticulated flatwoods salamanders spend most 
of their lives. Section 404 of the Clean Water Act is the primary 
Federal law that has the potential to provide some protection for the 
wetland breeding sites of the reticulated flatwoods salamander. 
However, due to recent case law (Solid Waste Agency of Northern Cook 
County (SWANCC) v. U.S. Army Corps of Engineers 531 U.S. 159 (2001); 
Rapanos v. United States 547 U.S. 715 (2006)), isolated wetlands are no 
longer considered to be under Federal jurisdiction (not regulatory 
wetlands). Wetlands are only considered to be under the jurisdiction of 
the U.S. Army Corps of Engineers (Corps) if a ``significant nexus'' 
exists to a navigable waterway or its tributaries. Currently, some 
Corps Districts do not coordinate with us on flatwoods salamanders and, 
since isolated wetlands are not considered under their jurisdiction, 
they are often not included on maps in permit applications (Brooks 
2008). We are aware of two isolated wetlands that supported reticulated 
flatwoods salamander populations that have been lost since 2006 under 
this scenario.
    Longleaf pine habitat management plans have been written for public 
lands occupied by the reticulated flatwoods salamander. They include 
management plans for State-owned lands and integrated natural resource 
management plans (INRMPs) for Department of Defense lands. Most of the 
plans contain specific goals and objectives regarding habitat 
management that would benefit reticulated flatwoods salamanders 
including prescribed burning. However, because multiple-use is the 
guiding principle on most public land, protection of the flatwoods 
salamander may be just one of many management goals including timber 
production and military and recreational use.
    At the State and local levels, regulatory mechanisms are limited. 
Although not listed as threatened or endangered in Alabama, the 
reticulated flatwoods salamander is listed among those nongame species 
for which it is ``unlawful to take, capture, kill, or attempt to take, 
capture or kill; possess, sell, trade for anything of monetary value, 
or offer to sell or trade for anything of monetary value'' (Alabama 
Department of Conservation and Natural Resources 2008, p. 1). The 
flatwoods salamander is listed as a threatened species in the State of 
Georgia (Jensen 1999, pp. 92-93). This designation protects the species 
by preventing its sale, purchase, or possession in Georgia and by 
prohibiting actions that cause direct mortality or the destruction of 
its habitat on lands owned by the State of Georgia (Ozier 2008). There 
is only one known flatwoods salamander population on lands owned by the 
State of Georgia, and that is Mayhaw Wildlife Management Area. In 2001, 
the Florida Fish and Wildlife Conservation Commission (FFWCC) listed 
the flatwoods salamander (which would include the reticulated flatwoods 
salamander) as a species of special concern (FFWCC 2007, p. 2) and 
prohibited direct take except through permit. As part of the listing 
process, a statewide management plan was developed for the salamander 
in Florida (FFWCC 2001, p. 1-60). This plan sets an ambitious 
conservation goal of maintaining at least 129 self-sustaining 
populations of flatwoods salamanders (which would include both frosted 
and reticulated flatwoods salamander species) in Florida. The plan also 
outlines a monitoring plan for population status assessment, an 
implementation strategy for the management of populations, and areas 
for future research. The Alabama and Florida regulations offer no 
protection against the most significant threat to the reticulated 
flatwoods salamander, loss of habitat.
    In summary, existing regulatory mechanisms provide little direct 
protection of reticulated flatwoods salamander habitat, the loss of 
which is the most significant threat to the species. Reticulated 
flatwoods salamander breeding sites may in some instances come under 
the jurisdiction of the Corps, but most often they are provided little 
regulatory protection. These inadequacies represent range-wide historic 
and known threats to the reticulated flatwoods salamander on private 
lands within the range. We consider this threat as imminent because the 
existing regulations are not protecting against the other imminent 
threats to the species. Also, this threat is of high magnitude because 
of the small range of the species, and because 65 percent of 
populations are not protected from further development because they are 
located partially or completely on private lands.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
    Metapopulations are important to the long-term survival of 
temporary pond breeding amphibians. In these species, such as the 
reticulated flatwoods salamander, breeding ponds may differ in the 
frequency of their ability to support amphibian reproduction. As a 
result, extirpation and colonization rates can be a function of pond 
spatial arrangement as well as local habitat quality (Marsh and Trenham 
2001, p. 41). Of the 20 known reticulated flatwoods salamanders 
populations, only 6 (30 percent) are supported by more than one 
breeding pond and only one (5 percent) population (on Eglin-Hurlburt 
Field) is supported by more than three breeding ponds. For 70 percent 
(14 out of 20) of the known reticulated flatwoods salamander 
populations, any one of the many threats that may render a breeding 
pond unsuitable could cause the extirpation of the affected population.
    Invasive plant species, such as cogongrass (Imperata cylindrica), 
threaten to further degrade existing flatwoods habitat. Cogongrass, a 
perennial grass native to Southeast Asia, is one of the leading threats 
to the ecological integrity of native herbaceous flora, including that 
in the longleaf pine ecosystem (Jose et al. 2002, p. 43). Cogongrass 
can displace most of the

[[Page 6706]]

existing vegetation except large trees. Especially threatening to the 
reticulated flatwoods salamander is the ability of cogongrass to 
outcompete wiregrass, a key vegetative component of flatwoods 
salamander habitat. Changing the species composition in this way can 
alter the soil chemistry, nutrient cycling, and hydrology of an 
infested site (Jose et al. 2002, p. 43). Reticulated flatwoods 
salamander habitat management plans will need to address threats posed 
by cogongrass and other invasive plant species and include strategies 
to control them. An integrated management approach to controlling 
cogongrass is outlined in Jose et al. (2002, p. 42).
    Pesticides (including herbicides) may pose a threat to amphibians, 
such as the reticulated flatwoods salamander, because their permeable 
eggs and skin readily absorb substances from the surrounding aquatic or 
terrestrial environment (Duellman and Trueb 1986, pp. 199-200). 
Negative effects that commonly used pesticides and herbicides may have 
on amphibians include delayed metamorphosis, paralysis, reduced growth 
rate, and mortality (Bishop 1992, pp. 67-69). In addition, herbicides 
used near reticulated flatwoods salamander breeding ponds may alter the 
density and species composition of vegetation surrounding a breeding 
site and reduce the number of potential sites for egg deposition, 
larval development, or shelter for migrating salamanders. However, if 
application by aerial spraying is avoided, the potential for negative 
effects from pesticide and herbicide use in areas adjacent to breeding 
ponds would be reduced (Tatum 2004, p. 1047). Herbicides may be a 
necessary tool to reduce or eliminate woody vegetation or invasive 
plants when the use of prescribed fire is not possible or effective 
(Jensen 2007, Wigley 2008). Nevertheless, pesticides should not be used 
in flatwoods salamander habitat unless no other habitat management tool 
is available; herbicide label directions should be followed closely; 
and aerial spraying should never be used as an application technique. 
Under these conditions, we consider this threat to be of moderate 
magnitude.
    Studies of other ambystomatid species have demonstrated a decline 
in larval survival in the presence of predatory fish, as mentioned 
above under Factor C. One of the potential reasons for this decline may 
be the negative effect resulting from these fish competing with 
salamander larvae for invertebrate prey. The invertebrates found by 
Whiles et al. (2004, p. 212) in a study of larval frosted and 
reticulated flatwoods salamander gut contents are typical of freshwater 
habitats in the Southeast that do not contain predatory fish on a 
regular basis. The presence of predatory fish has a marked effect on 
invertebrate communities and alters prey availability for larval 
salamanders with the potential for negative effects on larval fitness 
and survival (Semlitsch 1987, p. 481). Wherever connections have been 
created between permanent water and flatwoods salamander ponds, such as 
through installation of firebreaks or ditches, this threat from 
predatory fish exists.
    Studies of reticulated flatwoods salamander populations, since the 
original species listing of flatwoods salamander as threatened (64 FR 
15691; April 1, 1999), have been limited due to drought. Data on the 
numbers of adults within existing populations do not exist. However, 
given the low number of individuals encountered even when breeding is 
verified, populations are likely to be very small at any given breeding 
site. Small populations are at increased threat of extirpation from 
natural processes (genetic isolation, inbreeding depression, and 
drought), as well as the manmade threats listed above.
    In summary, a variety of other natural or manmade factors 
historically or currently threaten, or have the potential to threaten, 
the reticulated flatwoods salamander. The loss of metapopulation 
structure in the distribution of reticulated flatwoods salamander 
populations was a range-wide threat that caused historic losses of this 
species. It continues to be a current threat for 70 percent of the 
remaining reticulated flatwoods salamander populations. Fire 
suppression and inadequate habitat management continue to cause the 
degradation of occupied sites, primarily on private land. Invasive 
plant species probably did not have much of a historic impact on 
salamander populations, but they are a range-wide current threat, and 
they are likely to become more widespread and difficult to control. 
Range-wide, low densities of individuals in a given population have 
been a historic threat and continue to be a threat for most reticulated 
flatwoods salamander populations, particularly due to past and current 
drought conditions, habitat loss, population fragmentation, and 
periodic reproductive failures that occur naturally in pond-breeding 
amphibians. The impact that competing predators may have on the 
salamander's prey base, and the threat of pesticide and herbicide use, 
are less clear as historic threats but remain potential localized 
threats for the species. Therefore, while we have determined that other 
natural and manmade factors, such as invasive species, pesticides, and 
competition for the species' prey base may threaten the reticulated 
flatwoods salamander, the severity and magnitude of these threats are 
not currently known. Acting in coordination with threats listed above 
under Factors A through D, the threats under Factor E could increase 
the severity of the other threats. In addition, small population size 
is particularly detrimental when combined with habitat loss, the 
ongoing drought, and the nature of this pond-breeding amphibian to 
experience periodic reproductive failure.

Determination

    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the reticulated flatwoods salamander. In summary, the most 
significant historical threat to the reticulated flatwoods salamander, 
as listed above in Factor A, is loss of its habitat. However, a variety 
of localized threats described under Factors A, C, D, and E continue to 
impact the remaining reticulated flatwoods salamander populations and 
their habitat. These include alterations in the hydrology of existing 
wetland breeding sites (including ``ditching,'' which can result in the 
introduction of predatory fish), urban development, road construction, 
incompatible forest management, fire suppression, and disease. The 
severity and magnitude of threats under Factor E are not currently 
known. Nevertheless, we have determined that threats under this factor 
will exacerbate the effects of threats due to habitat loss and drought. 
As described in Factor E above, small populations are at increased 
threat of extirpation from natural processes (genetic isolation, 
inbreeding depression, and drought), as well as the manmade threats 
listed above. Furthermore, as described in Factor D (above), existing 
regulatory mechanisms provide little direct protection of reticulated 
flatwoods salamander habitat, the loss of which is the most significant 
threat to the species. Reticulated flatwoods salamander breeding sites 
may in some instances come under the jurisdiction of the Corps, but 
most often they are provided little regulatory protection. This is 
likely the reason that two populations were lost recently to 
development. These inadequacies of existing regulatory mechanisms 
addressing habitat loss represent range-wide historic and potential 
threats to the reticulated flatwoods salamander.

[[Page 6707]]

Finally, there are potential localized threats from fire ants, 
pesticides, and invasive plants for which the extent of impact is yet 
undeterminable, but we believe they are legitimate threats due to both 
their impact on surrogate species and their prevalence in the types of 
habitats used by this species.
    Only 20 reticulated flatwoods salamander populations are known. 
Fourteen (70 percent) of these populations are supported by only one 
breeding site. A population with only one breeding site has a tenuous 
future just given randomly varying environmental factors without 
considering the additional threats of habitat destruction and 
degradation that further threaten these populations. As noted 
previously, the habitat within the range of the reticulated flatwoods 
salamander is currently experiencing drought conditions. Palis et al. 
(2006, p. 5-6) studied a frosted flatwoods salamander population in 
Florida during a drought from 1999-2002. This study documented three 
consecutive years of reproductive failure and a steady decline in adult 
immigration to the site for breeding as the drought progressed. 
Catastrophic reproductive failure occurs even in healthy populations of 
pond-breeding amphibians. When it does occur, the modeling efforts of 
Taylor et al. (2005, p. 796) showed that each year of reproductive 
failure raises the threshold of survival required to achieve 
persistence and imposes the possibility of extirpation even under 
otherwise favorable environmental conditions. Taylor et al. (2005, p. 
799) reminds us that, particularly with small populations or low 
population growth rates (as exists with the reticulated flatwoods 
salamander), the effects of reproductive failure are made worse by 
demographic stochasticity. Even in populations with multiple breeding 
ponds, amphibian populations may be unable to recolonize areas after 
local extirpations due to their physiological constraints, relatively 
low mobility, and site fidelity (Blaustein et al. 1994, pp. 60, 67-68). 
In the case of the reticulated flatwoods salamander, 70 percent of 
populations have only one breeding pond. If the habitat at that site is 
destroyed, recolonization would be impossible and the population 
supported by that breeding pond would be extirpated. Since the early 
1990s, four reticulated flatwoods salamander populations have been 
lost, two populations due to urbanization and two populations due to 
incompatible forest management (Palis 2006, Cooper and LaClaire 2007, 
Cooper 2008b). The most robust reticulated flatwoods salamander 
population remaining is located on Eglin. Continued conservation of 
this locality is imperative because it represents habitat for the only 
population that is supported by more than three breeding ponds and 
functions as a metapopulation. In other words, this population has the 
best chance of surviving demographic and environmental stochasticity 
given that the distribution of breeding sites is within the dispersal 
distance of adult reticulated flatwoods salamanders.
    Based on the best available scientific and commercial information, 
we have determined that the reticulated flatwoods salamander is in 
danger of extinction throughout all or a significant portion of its 
range. Endangered status reflects the vulnerability of this species to 
factors that negatively affect the species and its limited and 
restricted habitat. Habitat loss on private lands is an imminent threat 
that is compounded by a variety of other factors. Fire suppression on 
private lands occupied by the reticulated flatwoods salamander 
represents one of the biggest threats to the species' habitat and the 
continued existence of the species on these sites. In addition, since 
1999 we have lost at least two reticulated flatwoods salamander 
breeding ponds due to the threat of inadequate existing regulatory 
mechanisms. We believe the destruction of these ponds was a result of 
the continuing threat that isolated wetlands are rarely, if ever, under 
the jurisdiction of the Corps. We believe that, combined, the effect of 
the historical and ongoing drought; historical, current, and projected 
habitat loss and degradation; and the exacerbating effects of disease, 
predation, small population size, and isolation result in the 
reticulated flatwoods salamander being in danger of extinction 
throughout all of its range. We believe these threats, in particular 
the threats from habitat loss and drought, to be imminent and are 
projected to continue at the current rate or increase in the future. 
Further, we have determined that these threats are operating on the 
species and its habitat with a high degree of magnitude in that they 
affect the species throughout all of its range and with a high degree 
of severity, as discussed above.

Listing of the Frosted Flatwoods Salamander

History of the Action

    The final rule to list the flatwoods salamander as threatened was 
published on April 1, 1999 (64 FR 15691). On August 13, 2008, we 
published a proposed rule to reclassify the listing of the species into 
two distinct species: Frosted flatwoods salamander and reticulated 
flatwoods salamander due to new taxonomic information (73 FR 47258). In 
that proposed rule, we provided the analysis of the threats for the 
reticulated flatwoods salamander and our determination of its 
endangered status. On September 18, 2008, we published a notice 
providing supplemental information to the proposed rule that included 
our analysis and determination to retain threatened status for the 
frosted flatwoods salamander (73 FR 54125).

Species Information

    Taxonomic revision resulting from research done by Pauly et al. 
(2007, pp. 415-429) split the flatwoods salamander into two species--
the frosted flatwoods salamander and the reticulated flatwoods 
salamander. Background information on flatwoods salamanders, a 
discussion of their taxonomic status, and the five-factor analysis and 
associated determination of endangered status for the reticulated 
flatwoods salamander are provided above. Information provided here, and 
in the analysis that follows, will only address issues specific to the 
frosted flatwoods salamander.
    Based on the best available information, the life-history traits 
and habitat use of both the frosted flatwoods salamander and the 
reticulated flatwoods salamander are similar to those previously 
described for the flatwoods salamander (64 FR 15691, April 1, 1999; 73 
FR 47258, August 13, 2008). However, most of our references predate 
Pauly et al. (2007, p. 415) and, therefore, do not distinguish between 
the two species.
    Flatwoods salamanders are endemic to the lower southeastern Coastal 
Plain and occur in what were historically longleaf pine-wiregrass 
flatwoods and savannas. The historical range of what is now considered 
the frosted flatwoods salamander included parts of the States of 
Florida, Georgia, and South Carolina. This area encompassed the lower 
Coastal Plain of the southeastern United States along the Gulf Coast 
east of the Apalachicola-Flint Rivers, across north Florida, south into 
north-central Florida, and north along the Atlantic Coast through 
coastal Georgia and South Carolina.
    We have compiled 84 historical (pre-1990) records for the frosted 
flatwoods salamander. Twenty historical records (with supporting 
locality information) for the frosted flatwoods salamander are known 
from eight counties in Florida. Frosted flatwoods salamander breeding 
has been documented at only four (20

[[Page 6708]]

percent) of these sites since 1990. Surveys conducted since 1990 by 
Federal and State agency personnel, as well as private parties, have 
resulted in the identification of more than 50 additional frosted 
flatwoods salamander breeding sites, including two sites in Jefferson 
County, a county that previously was not known to be occupied by the 
salamander. Most of these new breeding sites are located on the 
Apalachicola and Osceola National Forests, and on St. Marks National 
Wildlife Refuge. One site, discovered in 1998 on Tate's Hell State 
Forest, has been degraded as a result of habitat modification efforts 
that created a more permanently flooded wetland and flooded the ecotone 
at the historic breeding pond. The upland habitat is degraded as well 
with the result that the primary constituent elements (PCEs) on the 
site are no longer present (Enge 2008). Fifteen populations of the 
frosted flatwoods salamander are known from Baker, Franklin, Jefferson, 
Liberty, and Wakulla Counties in Florida.
    Thirty-four historical records for the frosted flatwoods salamander 
are known from 20 counties in Georgia. Frosted flatwoods salamanders 
have not been seen again at any of these sites in recent years; 
however, surveys conducted since 1990 have resulted in the discovery of 
23 new breeding sites. All but one of these new sites are located on 
the Fort Stewart Military Installation. The one additional pond was 
discovered on the Townsend Bombing Range. Currently, these breeding 
sites support six frosted flatwoods salamander populations in Bryan, 
Evans, Liberty, and McIntosh Counties, Georgia, all on Department of 
Defense lands. The frosted flatwoods salamander is assumed to be 
extirpated from 16 other counties in Georgia where it previously 
occurred. However, some suitable habitat still remains on the 
Okefenokee National Wildlife Refuge and the potential exists for the 
species to occur there.
    Thirty historical records for the frosted flatwoods salamander are 
known from five counties in South Carolina. Since 1990, metamorphic 
frosted flatwoods salamanders have been documented at six (21 percent) 
of these sites, and one new breeding site has been discovered. 
Currently, four populations of the frosted flatwoods salamander are 
known from Berkeley, Charleston, and Jasper Counties in South Carolina. 
Two populations are on private land in Jasper County: One population 
occurs on the Francis Marion National Forest in Berkeley County, and 
one population occurs on the Santee Coastal Preserve (state-owned and 
managed) in Charleston County.
    The combined data from all survey work completed since 1990 in 
Florida, Georgia, and South Carolina indicate there are 25 populations 
of the frosted flatwoods salamander. Some of these populations are 
inferred from the capture of a single individual. Twenty-two (88 
percent) of the known frosted flatwoods salamander populations occur 
primarily on public land. Sixteen of the populations (64 percent of 
total populations of the species) on public land represent 
metapopulations supported by more than one breeding site. A single 
population occurs on each of the following publicly owned sites: 
Osceola National Forest in Florida; Townsend Bombing Range in Georgia; 
and Francis Marion National Forest and Santee Coastal Reserve in South 
Carolina. In Florida, habitat supports 10 populations on Apalachicola 
National Forest and 2 populations on St. Marks National Wildlife 
Refuge. In Georgia, five populations occur on Fort Stewart Military 
Installation. Three (12 percent) frosted flatwoods salamander 
populations are solely on private land.

Summary of Factors Affecting the Species (Frosted Flatwoods Salamander)

    Section 4 of the Act (16 U.S.C. 1531 et seq.) and regulations (50 
CFR part 424) promulgated to implement the listing provisions of the 
Act set forth the procedures for adding species to the Federal Lists of 
Endangered and Threatened Wildlife and Plants. A specie