Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Striped Newt as Threatened, 32911-32929 [2011-13911]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Proposed Rules]
[Pages 32911-32929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13911]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R4-ES-2010-0007; MO 92210-0-0008 B2]


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
on a Petition To List the Striped Newt as Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a 
12-month finding on a petition to list the striped newt (Notophthalmus 
perstriatus) as threatened under the Endangered Species Act of 1973, as 
amended (Act). After review of all available scientific and commercial 
information, we find that listing the striped newt as endangered or 
threatened is warranted. Currently, however, listing the striped newt 
is precluded by higher priority actions to amend the Lists of 
Endangered and Threatened Wildlife and Plants. Upon publication of this 
12-month petition finding, we will add the striped newt to our 
candidate species list. We will develop a proposed rule to list the 
striped newt as our priorities allow. We will make any determination on 
critical habitat during development of the proposed listing rule. 
During any interim period, we will address the status of the candidate 
taxon through our annual Candidate Notice of Review (CNOR).

DATES: The finding announced in this document was made on June 7, 2011.

ADDRESSES: This finding is available on the Internet at https://www.regulations.gov at Docket Number FWS-R4-ES-2010-0007. Supporting 
documentation we used in preparing this finding is available for public 
inspection, by appointment, during normal business hours at the U.S. 
Fish and Wildlife Service, North Florida Field Office, 7915 Baymeadows 
Way, Suite 200, Jacksonville, FL 32256. Please submit any new 
information, materials, comments, or questions concerning this finding 
to the above street address.

FOR FURTHER INFORMATION CONTACT: Dave Hankla, Field Supervisor, North 
Florida Field Office (see ADDRESSES); by telephone at (904) 731-3336; 
or by facsimile at (904) 731-3045. If you use a telecommunications 
device for the deaf (TDD), please call the Federal Information Relay 
Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.) requires 
that, for any petition to revise the Federal Lists of Threatened and 
Endangered Wildlife and Plants that contains substantial scientific or 
commercial information that listing a species may be warranted, we make 
a finding within 12 months of the date of receipt of the petition. In 
this finding, we determine whether the petitioned action is: (a) Not 
warranted, (b) warranted, or (c) warranted, but immediate proposal of a 
regulation implementing the petitioned action is precluded by other 
pending proposals to determine whether species are threatened or 
endangered, and expeditious progress is being made to add or remove 
qualified species from the Federal Lists of Endangered and Threatened 
Wildlife and Plants. Section 4(b)(3)(C) of the Act requires that we 
treat a petition for which the requested action is found to be 
warranted but precluded as though resubmitted on the date of such 
finding, that is, requiring a subsequent finding to be made within 12 
months. We must publish these 12-month findings in the Federal 
Register.

Previous Federal Actions

    On July 14, 2008, we received a petition dated July 10, 2008, from 
Dr. D. Bruce Means, Ryan C. Means, and Rebecca P.M. Means of the 
Coastal Plains Institute and Land Conservancy (CPI), requesting that 
the striped newt (Notophthalmus perstriatus) be listed as threatened 
under the Act. Included in the petition was supporting information 
regarding the species' taxonomy, biology, historical and current 
distribution, and present status, as well as a summary of actual and 
potential threats. We acknowledged the receipt of the petition in a 
letter to petitioners dated August 15, 2008. In that letter we also 
stated that we could not address their petition at that time because 
responding to existing court orders and settlement agreements for other 
listing actions required nearly all of our listing funding.
    Funding became available to begin processing the petition in early 
2010. On March 23, 2010, we published a 90-day finding (75 FR 13720) 
that the petition presented substantial information indicating that 
listing the striped newt may be warranted and that we were initiating a 
status review, for which we would accept public comments until May 24, 
2010. This

[[Page 32912]]

notice constitutes the 12-month finding on the July 14, 2008, petition 
to list the striped newt as threatened.

Species Information

    Our 90-day finding summarized much of the current literature 
regarding the striped newt's distribution, habitat requirements, and 
life history, and may be reviewed for detailed information (75 FR 
13720, March 23, 2010). Below, we briefly summarize previously 
presented information, and provide new information that we believe is 
relevant to understanding our analysis of the factors affecting the 
striped newt.

Taxonomy and Species Description

    There are three species of Notophthalmus found in North America. 
These include the eastern red spotted newt (N. viridescens), the black-
spotted newt (N. meridionalis), and the striped newt (N. perstriatus). 
The three species are found in different areas throughout the United 
States and Mexico (Reilly 1990, p. 51). Reilly (1990, p. 53), in his 
study of Notophthalmus spp., found that N. perstriatus and N. 
meridionalis are distinct species that are more similar and 
phylogenetically more closely related than either is to N. viridescens. 
In 2008, Zhang et al. (2008, pp. 586 and 592) looked at the 
phylogenetic relationship (i.e., evolutionary history of an organism) 
of the family Salamandridae and found that the clade (i.e., group of 
species that includes all descendents of a common ancestor) containing 
newts was separate from the clade containing ``true'' salamanders. The 
branching order of the clades for newts are: Primitive newts 
(Echinotriton, Pleurodeles, and Tylototriton), New World newts 
(Notophthalmus and Taricha), Corisca-Sardinia newts (Euproctus), modern 
European newts (Calotriton, Lissotriton, Mesotriton, Neurergus, 
Ommatotriton, and Triturus), and modern Asian newts (Cynops, 
Pachytriton, and Paramesotriton). New World newts, which include 
Notophthalmus, originally evolved from salamandrids migrating from 
Europe to North America via the North Atlantic land bridge during the 
Mid-Late Eocene (Zhang et al. 2008, p. 595).
    Another genetic study, conducted in 2010, looked at whether 
populations of Notophthalmus perstriatus that occur in two regions 
separated by 125 kilometers (km) (78 miles (mi)) exhibit genetic and 
ecological differentiation showing that these two regions are separate 
conservation units (Dodd et al. 2005, p. 887; Dodd and LaClaire 1995, 
p. 42; Franz and Smith 1999, p. 12; Johnson 2001, pp. 115-116; May et 
al. undated, unpublished report). One region consists of populations 
located in peninsular Florida and southeastern Georgia, and the other 
region consists of populations located in northwestern Florida and 
southwestern Georgia (Dodd and LaClaire 1995, p. 42; Franz and Smith 
1999, p. 13). May et al. (2010, undated, unpublished report) found that 
there is gene flow between localities within each region, but none were 
shared between regions. Johnson (2001, pp. 107, 113-115) found genetic 
exchange between populations is minimal or nonexistent due to upland 
habitat fragmentation that has limited long-distance dispersals and 
restricted gene flow. In 2001, Johnson (2001, p. 115) found there was 
enough genetic divergence to show that the western region is different 
than the eastern regions. However, May et al. (2010, unpublished 
report) did not find that there was sufficient genetic divergence to 
support splitting eastern and western regions into separate species.
    May et al. (2010, unpublished report) ran niche-based distribution 
models that showed that there were significant climatic and 
environmental differences between the two regions when considering 
temperature and precipitation. The western region is characterized by 
lower mean temperatures and more extreme winter cold, coupled with 
higher variation in temperature and precipitation. These differences in 
temperatures and precipitation between the regions should be considered 
if translocation between regions is to be used for conservation of this 
species. Understanding genetic structure and species ecology will 
ensure that genetically similar individuals are moved between areas 
with similar environmental conditions.

Life History and Biology

    Life-history stages of the striped newt are complex, and include 
the use of both aquatic and terrestrial habitats throughout their life 
cycle. Striped newts are opportunistic feeders that prey on frog eggs, 
worms, snails, fairy shrimp, spiders, and insects (adult and larvae) 
that are of appropriate size (Dodd et al. 2005, p. 889; Christman and 
Franz 1973, pp. 134-135; Christman and Means 1992, pp. 62-63). 
Christman and Franz (1973, p. 135) found that newts were attracted to 
frog eggs by smell. Feeding behavior of newts has only been documented 
with aquatic adults; little is known of the feeding habits in the 
terrestrial stage (Dodd et al. 2005, p. 889).
    Aquatic and breeding adults occur in isolated, temporary ponds 
associated with well-drained sands. Sexually mature adults migrate to 
these breeding ponds, which lack predatory fish, and courtship, 
copulation, and egg-laying take place there. Females lay eggs one at a 
time and attach them to aquatic vegetation or other objects in the 
water. It may take one female several months to lay all of her eggs 
(Johnson 2005, p. 94). Eggs hatch and develop into externally-gilled 
larvae in the temporary pond environment.
    Once larvae reach a size suitable for metamorphosis, they may 
either undergo metamorphosis and exit the pond as immature, terrestrial 
efts, or remain in the pond and eventually mature into gilled, aquatic 
adults (paedomorphs) (Petranka 1998, pp. 449-450; Johnson 2005, p. 94). 
The immature, terrestrial efts migrate into the uplands where they 
mature into terrestrial adults. Efts will remain in the uplands until 
conditions are appropriate (adequate rainfall) to return to the ponds 
to reproduce. Johnson (2005, p. 94) found that 25 percent of larvae 
became paedomorphs at his study pond. Paedomorphs will postpone 
metamorphosis until after they have matured and reproduced. At about a 
year old, they will reproduce, metamorphose, and migrate into the 
uplands adjacent to the pond (Johnson 2005, pp. 94-95). Once there are 
proper conditions (e.g., adequate rainfall) at the ponds, the 
terrestrial adults will move back to the ponds to court and reproduce. 
Once they return to the ponds, they are referred to as aquatic adults.
    Striped newts as well as other Notophthalmus spp. have long 
lifespans (approximately 12 to 15 years) in order to cope with 
unfavorable stochastic environmental events (e.g., drought) that can 
adversely affect reproduction (Dodd 1993b, p. 612; Dodd et al. 2005, p. 
889; Wallace et al. 2009, p. 139).
    Movement of striped newts by both emigration and immigration occurs 
between ponds and surrounding uplands. Adult newts immigrate into ponds 
from uplands during the fall and winter months, but some newts also 
immigrate during the spring and summer months as well, when 
environmental conditions (e.g., adequate rainfall) are conducive to 
breeding (Johnson 2005, p. 95). Extended breeding periods allow striped 
newts to adapt to temporary breeding habitats whose conditions 
fluctuate within seasons (Johnson 2002, p. 395). Even with suitable 
water levels in ponds, adults emigrate back into uplands after 
breeding. There is a

[[Page 32913]]

staggered pattern of adult immigration into ponds and eft emigration 
into uplands due to the required 6 months for larvae to undergo 
metamorphosis into efts (Johnson 2002, p. 397).
    Suitability of upland habitat around breeding ponds influences the 
pattern of immigration and emigration of newts and directional 
movements (Dodd 1996, p. 46; Dodd and Cade 1998, p. 337; Johnson 2003, 
p. 16). Dodd and Cade (1998, p. 337) found that striped newts migrated 
in a direction that favored high pine sandhill habitats. Newts migrate 
into terrestrial habitats at significant distances from their breeding 
ponds. Dodd (1996, p. 46) found that 82.9 percent of 12 wetland 
breeding amphibians (including striped newts) were captured 600 meters 
(m) (1,969 feet (ft)) from the nearest wetland, and only 28 percent of 
amphibians were captured less than 400 m (1,300 ft) from the wetland. 
Johnson (2003, p. 18) found that 16 percent of striped newts in his 
study migrated more than 500 m (1, 600 ft) from ponds. Dodd and Cade 
(1998, p. 337) showed that striped newts travelled up to 709 m (2,330 
ft) from ponds. These long-distance movements of striped newts from 
breeding ponds to terrestrial habitats suggest that buffer zones around 
ponds should be established to protect upland habitats, as well as 
breeding ponds (Dodd 1996, p. 49; Dodd and Cade 1998, p. 337, Johnson 
2003, p. 19; Kirkman et al. 1999, p. 557; Semlitsch and Bodie 2003, p. 
1219). Trenham and Shaffer (2005, p. 1166) found that protecting at 
least 600 m (2,000 ft) of upland habitat would maintain a population 
with only a 10 percent reduction in mean population size in the 
California tiger salamander (Ambystoma californiense). Dodd and Cade 
(1998, p. 337) suggested that terrestrial buffer zones need to consider 
both distance and direction (migratory patterns) when created. Johnson 
(2003, p. 19) recommended a protected area extending 1,000 m (3,300 ft) 
from a breeding site as upland ``core habitat'' surrounding breeding 
ponds.
    Optimal pond hydrology is important for maintaining the complex 
life-history pathways of striped newts. If there is not enough water in 
ephemeral ponds, then larvae will not have enough time to reach the 
minimum size needed for metamorphosis and will die as ponds dry up 
(Johnson 2002, p. 398). However, permanent ponds could support 
predatory fish that feed on aquatic-breeding amphibians (Johnson 2005, 
p. 94; Moler and Franz 1987, p. 235). Variable hydroperiods in breeding 
ponds over a long time period could result in varying reproductive 
success. Dodd (1993, p. 610) found a decline in striped newts due to 
persistent drought conditions. Johnson (2002, p. 399) found that heavy 
rainfall in the winter of 1997 to spring of 1998 filled ponds to their 
maximum depth and contributed to the reproductive success at these 
ponds. At one breeding pond, a minimum hydro-period of 139 days (Dodd 
1993, pp. 609-610) was needed for larvae to reach complete 
metamorphosis. Larvae undergo metamorphosis into efts after a period of 
6 months, and in order for larvae to mature into paedomorphs, a 
breeding pond must hold water for at least a year (Johnson 2005, p. 
94). For a paedormorph to successfully reproduce, ponds must hold water 
for an additional 6 months to allow sufficient time for its larvae to 
undergo metamorphosis.
    Striped newts form metapopulations that persist in isolated 
fragments of longleaf pine-wiregrass ecosystems (Johnson 2001, p. 114; 
Johnson 2005, p. 95). Within metapopulations, ponds function as focal 
points for local breeding populations that experience periods of 
extirpation and recolonization through time (e.g., ``ponds as 
patches'') (Johnson 2005, p. 95; Marsh and Trenham 2001, p. 41). 
Striped newts typically have limited dispersal, which can lead to pond 
isolation when stochastic events (e.g., drought) affect rates of 
colonization and extinction (Marsh and Trenham 2001, p. 41). In order 
for striped newts to recolonize local breeding ponds within the 
metapopulation, newts must disperse through contiguous upland habitat 
(Dodd and Johnson 2007, p. 150). Protecting the connectivity between 
uplands and breeding ponds of diverse hydroperiods is crucial for 
maintaining metapopulations (Dodd and Johnson 2007, pp. 150-151; Gibbs 
1993, p. 25; Johnson 2005, p. 95). Only a few ``stronghold'' locations 
exist, where there are multiple breeding ponds with appropriate upland 
habitat that allow dispersal to occur among the ponds (Johnson 2005, p. 
95). These ``stronghold'' locations represent different metapopulations 
across the range of the striped newt (Johnson 2005, p. 95). These sites 
need to be protected and managed to provide long-term protection for 
newts. In Florida, these include Apalachicola National Forest, Ocala 
National Forest, Jennings State Forest, Katherine Ordway-Swisher 
Biological Station, and Camp Blanding Training Site. In Georgia, they 
are found at Joseph Jones Ecological Research Center and Fort Stewart 
Military Installation (Johnson 2005, p. 95; Stevenson 2000, p. 4).

Habitat

    Ephemeral ponds are important components of upland habitat in the 
southeastern United States (LaClaire and Franz 1990, p. 9). Ephemeral 
ponds tend to be described as small (typically less than 5 hectares 
(ha) (12.4 acres (ac)), isolated wetlands with a cyclic nature of 
drying and refilling known as hydroperiods. Ephemeral ponds can hold 
water at various times throughout a year to allow for reproduction. 
Precipitation is the most important water source for ephemeral ponds 
(LaClaire and Franz 1990, p. 12). The cyclical nature of ephemeral 
ponds prevents predatory fish from inhabiting breeding ponds (Dodd and 
Charest 1988, pp. 87, 94; LaClaire and Franz 1990, p. 12; Moler and 
Franz 1987, p. 237). Ephemeral ponds are biologically unique, because 
they support diverse species that are different than species found in 
larger, more permanent wetlands or ponds (Moler and Franz 1987, pp. 
234, 236; Kirkman et al. 1999, p. 553).
    The frequency and duration of water in ephemeral ponds creates 
different zones of vegetation within ponds. One species, maidencane 
(Panicum hemitomon), has been found at ephemeral ponds where striped 
newts have been found, and seems be a good indicator of the extent of 
previous flooding in ponds (LaClaire 1995, p. 88; LaClaire and Franz 
1990, p. 10). Persistence of maidencane helps to reduce the rate of 
oxidation of organic matter, reduce soil moisture loss, and inhibit 
growth and establishment of upland plant species (LaClaire 1995, p. 
94). The center of flooded ponds may contain floating-leaved plants, 
and is surrounded by vegetation with submerged roots growing along the 
wet edges. Surrounding the wet areas are tall and short emergents, such 
as sedges, grasses, and rushes such as sandweed (Hypericum 
fasciculatum), followed by other grasses such as bluestem grass 
(Andropogon virginicus) found in the drier margins of ponds. Water-
tolerant shrubs or trees are found in some transitional zones between 
pond and uplands (LaClaire 1995, p. 74; LaClaire and Franz 1990, p. 
10).
    Ephemeral ponds are surrounded by upland habitats of high pine, 
scrubby flatwoods, and scrub (Christman and Means, 1992, p. 62). 
Longleaf pine-turkey oak stands with intact ground cover containing 
wiregrass (Aristida beyrichiana) are the preferred upland habitat for 
striped newts, followed by scrub, then flatwoods (K. Enge, Florida Fish 
and Wildlife Conservation

[[Page 32914]]

Commission, personal communication, May 24, 2010).
    Striped newt habitat is fire-dependent, and naturally ignited fires 
and prescribed burning maintain an open canopy and reduce forest floor 
litter. An open canopy provides sunlight necessary for ground cover 
growth needed by newts for foraging and sheltering. Fire is also an 
important factor for wetland vegetation (LaClaire and Franz 1990, p. 
10; Means 2008, p. 4). Historically, fire would be naturally ignited in 
the uplands during the late spring and early summer, and would sweep 
through the dry pond basins, reducing organic matter and killing 
encroaching upland plant species (Means 2008, p. 4; Myer 1990, p. 189). 
Lack of fire in uplands that buffer breeding ponds allows fire-
intolerant hardwoods to shade out herbaceous understory needed by 
striped newts for foraging and sheltering. As a result, fire shadows 
may form along the upslope wetland and upland boundary. The vegetation 
in this area contains fire-intolerant evergreen shrubs (Ilex spp., 
Vaccinium spp., Myrica spp., and Ceratiola spp.) and sometimes xeric 
oak hammock zones (LaClaire and Franz 1990, p. 11). Ponds that are 
completely burned from the upland margin to the opposite margin lack 
this vegetation; however, if the ponds are filled with water, fire will 
burn out at the pond, and allow the invasion of fire-intolerant 
hardwoods (LaClaire and Franz 1990, p. 11). The impacts of fire on 
these temporary ponds promote species richness of grasses and sedges, 
especially during droughts (Means 2006, p. 196). To eliminate hardwood 
encroachment, a prescribed fire regime should be used every 1 to 3 
years during May to June, in order to protect striped newt habitat 
(Means 2006, p. 196).
    Striped newts use upland habitats that surround breeding ponds to 
complete their life cycle. Efts move from ponds to uplands where they 
mature into terrestrial adults. The uplands also provide habitat for 
the striped newt to forage and burrow during the non-breeding season 
(Dodd and Charest 1988, p. 95). Striped newts also use uplands to 
access alternative ponds that are needed if the original breeding pond 
is destroyed or the hydroperiod is altered (Means 2006, p. 197). This 
shows the interdependence between upland and aquatic habitats in the 
persistence of populations (Semlitsch and Bodie 2003, p. 1219). Semi-
aquatic species (such as the striped newt) depend on both aquatic and 
upland habitats for various parts of their life cycle in order to 
maintain viable populations (Dodd and Cade 1998, pp. 336-337; Johnson 
2001, p. 47; Semlitsch 1998, p. 1116; Semlitsch and Bodie 2003, p. 
1219).

Distribution

    The range of the striped newt extends from the Atlantic Coastal 
Plain of southeastern Georgia to the north-central peninsula of Florida 
and through the Florida panhandle into portions of southwest Georgia 
(Dodd et al. 2005, p. 887). There is a 125-km (78-mi) separation 
between the western and eastern portions of the striped newt's range 
(Dodd et al. 2005, p. 887; Dodd and LaClaire 1995, p. 42; Franz and 
Smith 1999, p. 12; Johnson 2001, pp. 115-116). The historical range of 
the striped newt was likely similar to the current range (Dodd et al. 
2005, p. 887). However, loss of native longleaf habitat, fire 
suppression, and the natural patchy distribution of upland habitats 
used by striped newts have resulted in fragmentation of existing 
populations (Johnson and Owen 2005, p. 2).
    In Figure 1, we provide a map illustrating the current and 
historical ranges of the striped newt on public lands. The dark-shaded 
areas represent the currently occupied sites documented from 2005 to 
2010 surveys of public lands (Enge, FWC, personal communication, 2010; 
Jensen, Georgia Department of Natural Resources (GDNR), personal 
communication, 2010). The light-shaded areas represent the historical 
range where striped newts are now extirpated. There are from 1 to 30 
breeding ponds documented within dark shaded areas. However, due to the 
scale of the map, the specific ponds are not identified. This map 
represents the best available information used to establish the 
species' range.

[[Page 32915]]

[GRAPHIC] [TIFF OMITTED] TP07JN11.009

    To determine where there may be additional unsurveyed suitable 
habitat for striped newts in Florida, Endries et al. (2009, pp. 45-46) 
developed a striped newt habitat model. The model was developed using 
Florida Fish and Wildlife Conservation Commission (FWC) 2003 landcover 
classes. Three classes were identified: (1) Breeding (bay, cypress 
swamp, freshwater marsh, wet prairie), (2) primary upland (sandhill, 
xeric oak scrub, sand pine scrub), and (3) secondary upland (hardwood 
hammocks and forests, pinelands, and shrub and brushlands). Then 
potential habitat was evaluated for each class. Breeding habitat was 
limited to patches that were less than 9 ha (22 ac) in size and which 
were contiguous with upland habitats. The primary upland habitats 
included in the model were those areas contiguous and within 1,000 m 
(3,300 ft) of breeding habitat. Secondary upland habitat was included 
for areas that were contiguous and within 500 m (1,600 ft) of primary 
uplands and 1,000 m (3,300 ft) of breeding habitat.
    The GIS analysis found a total of 244,576 ha (604,360 ac) of 
potential habitat (Endries et al. 2009, p. 45). Of the potential 
habitat, 122,724 ha (303,257 ac) occurred on 124 sites within public 
lands, but only 64 of these sites had greater than 40 ha (100 ac) of 
potential habitat. The remaining habitat was found on privately owned 
lands in patches that were greater than 79 ha (195 ac) (Endries et al. 
2008, pp. 45-46). Of the potential habitat found on public lands, 55 
percent occurred on Ocala National Forest (ONF), 8 percent on Camp 
Blanding Military Installation, 6 percent on Withlacoochee State 
Forest, 5.3 percent on Apalachicola National Forest (ANF), and 2.9 
percent on Jennings State Forest (Enge, FWC, personal communication, 
2010). However, no records of striped newt occurrences have been found 
at Withlacoochee State Forest, even though this appears to be suitable 
habitat. Ocala National Forest has 67,514 ha (166,831 ac) of potential 
habitat and 39 occupied ponds, making it the largest ``stronghold'' for 
metapopulations for striped newts in Florida (Enge, FWC, personal 
communication, 2010). Striped newts are also found in ponds throughout 
Peninsular Florida at Ordway-Swisher Biological Station, Camp Blanding 
Joint Training Center, Jennings State Forest, Goethe State Forest, Rock 
Springs State Park, Ft. White Mitigation Park, Faver-Dykes State Park, 
and Pumpkin Hill Creek Preserve State Park.
    Within the panhandle of Florida, striped newts have been found 
within the Munson Sandhills. This site represents a small physiographic 
region within the Gulf Coastal Plains in Florida (Means and Means 
1998a, p. 3). Striped newts have only been located in the western 
portion of the Munson Sandhills within the ANF. No newts have been 
found in the eastern portion of the sandhills since the 1980s, when the 
area was converted to a dense sand pine (Pinus clausa) plantation 
(Means and Means 1998a, p. 6). Striped newt distribution continues 
north of this site to the Tallahassee Red Hills and Tifton Uplands, and 
finally to the Dougherty Plain in southwestern Georgia. However, the 
Tallahassee Red Hills no

[[Page 32916]]

longer support the newt. Striped newts were documented once in a 
breeding pond found in the Red Hills, but this site was dredged, 
deepened, and stocked with game fish in the 1980s, and no longer 
supports newts (Means and Means 1998b, pp. 6, 15).
    The striped newt is currently known to occur in five separate 
locations in Georgia, including Fort Stewart, Lentile Property, Joseph 
W. Jones Ecological Research Center (JJERC), Fall Line Sandhills 
Natural Area, and Ohoopee Dunes Natural Area (J. Jensen, GDNR, personal 
communication, September 14, 2010; L. Smith, JJERC, personal 
communication, September 11, 2010; Stevenson 2000, p. 4; Stevenson and 
Cash 2008, p. 252; Stevenson et al. 2009a, pp. 2-3). Most of these 
locations are within the Dougherty Plain (Baker Co.), Tifton Uplands 
(Irwin, Lanier, and Lowndes Counties), and the Barrier Island Sequence 
(Bryan, Camden, Charlton, Evans, and Long Counties) (Dodd and LaClaire 
1995, pp. 40-42). From 1993 to 1994, Dodd and LaClaire (1995, p. 40) 
found striped newts in one pond each at five sites in Irwin, Baker, and 
Charlton Counties, and a series of ponds at Ft. Stewart in Bryan and 
Evans Counties. A pond in Baker County at JJERC was found to be a new 
location, and extends the known range west of the Flint River 
approximately 115 km (71 mi) farther from the nearest recorded site 
(LaClaire et al. 1995, pp. 103-104; Franz and Smith 1999, p. 13). 
Striped newts were first found on Trail Ridge in 1924 near Okefenokee 
National Wildlife Refuge (ONWR), but this area has been highly modified 
since the 1940s (Dodd 1995, p. 44; Dodd and LaClaire 1995, pp. 39-40), 
and newts are no longer found in this area, except for possibly in the 
ONWR. In 2008, a new striped newt site was found in Georgia in Camden 
County, which is the first record for this county since 1953 (Stevenson 
et al. 2009b, p. 248).

Population Status and Trends

    Surveys have been conducted for striped newts at many sites within 
Florida and Georgia. These surveys have found that the number of known 
occupied sites has declined and occupied sites are limited to just a 
few counties. However, historical information on the location of 
striped newts is difficult to confirm, as most of these sites underwent 
substantial land use changes since newts were first collected (Dodd et 
al. 2005, p. 887).
    Franz and Smith (1999, p. 8) reviewed 100 records from 20 counties 
in Florida between 1922 and 1995, and conducted surveys between 1989 
and 1995. They found that 4 historical ponds had newts, but also found 
34 new ponds containing newts were that were not part of the historical 
records. All 38 breeding ponds were found on 7 public lands that 
included ANF, Camp Blanding Military Reservation, Favor-Dykes State 
Park, Jennings State Forest, Katharine Ordway Preserve-Swisher Memorial 
Sanctuary, ONF, and Rock Springs State Preserve (Franz and Smith, 1999, 
pp. 8-9).
    Johnson and Owen (2005, p. 7) visited 51 sites in 11 counties in 
Florida from 2000 to 2003 that overlapped with the sites visited by 
Franz and Smith. They found that of 51 sites visited (totaling 64 
ponds), only 26 ponds and adjacent upland habitat had excellent habitat 
quality (e.g., multiple ephemeral ponds surrounded by fire-maintained 
native uplands) capable of supporting striped newts. Only 4 of these 26 
sites had multiple breeding ponds needed to comprise metapopulations. 
They were found in Clay, Marion, and Putnam Counties in Camp Blanding 
Military Reservation (Clay), Jennings State Forest (Clay), Ocala 
National Forest (Marion), and Katherine Ordway Preserve-Swisher 
Memorial Sanctuary (Putnam) (Johnson and Owen 2005, p. 7).
    From 2005 to 2010, Enge (FWC, personal communication, 2010) 
surveyed ponds in suitable habitat on 32 conservation lands in Florida. 
He found breeding ponds with newts in 58 ponds on 11 of the 32 
conservation lands. He also found that although newts had a wider range 
in Florida than Georgia, they remained abundant only on public lands in 
Clay, Marion, and Putnam Counties. This is consistent with the surveys 
conducted by Franz and Smith (1999, pp. 8-9) and Johnson and Owen 
(2005, p. 7). He found that there were a total of 49 extant populations 
known from the peninsula of Florida and 7 populations from the 
panhandle. An isolated breeding pond farther than 1,000 m (3,300 ft) 
from the closest other breeding pond represents a separate population 
(Enge, FWC, personal communication, 2010). The striped newt 
metapopulations (i.e., multiple breeding ponds with enough upland to 
allow for dispersal) are now only found on public lands in Clay, 
Putnam, and Marion Counties. Populations still exist in 10 other 
counties in Florida, but these counties have fewer than 3 breeding 
ponds and these populations are considered vulnerable to extirpation 
(Enge, FWC, personal communication, 2010).
    The status of the striped newt is unknown on private lands due to 
the difficulty in accessing these lands; however, Enge (FWC, personal 
communication, 2010) was able to survey 8 ponds on 2 private lands, and 
found newts on at least one site.
    Striped newt breeding ponds at ANF and other areas within the 
Munson Sandhills region in Leon County, Florida, have seen a decline. 
ANF was once considered a metapopulation for striped newt (Johnson 
2005, p. 95; Johnson and Owen 2005, p. 7; Enge, FWC, personal 
communication, 2010). However, the western Munson Sandhills in ANF was 
surveyed from 1995-2007, and researchers were only able to locate 18 
breeding ponds (containing larvae or breeding adults) in 265 ephemeral 
ponds surveyed (Means and Means 1998a, p. 5). Means et al. (2008, p. 6) 
found only 5 adult striped newts and no larvae in the past 10 years. 
Since 2000, severe drought conditions were experienced at these ponds, 
and newts were shown to be declining. Recent surveys conducted in the 
Munson Sandhills in 2010 were not able to locate any striped newts at 
any of the breeding ponds (Means, CPI, personal communication, 2010). 
The precipitous apparent declines now being seen at ANF could occur 
elsewhere on protected lands within the striped newt's range, despite 
the protection of habitat. This indicates that perhaps other threats 
(e.g., disease and drought) may continue to act on the species at these 
sites.
    As mentioned above, striped newts have only been found at five 
locations in Georgia, and these sites are highly fragmented and 
isolated (Stevenson 2000, p. 4). An amphibian survey on 196 ephemeral 
ponds in 17 counties on timber company lands in the Coastal Plain of 
southeastern Georgia did not locate any striped newts in Georgia; 
however, striped newts were found in four ponds in Florida (Wigley 
1999, pp. 5-10). Stevenson (2000, p. 3) looked at 25 historic striped 
newt localities in Georgia and was only able to find 2 sites (8 
percent) that had multiple breeding ponds and upland habitat that would 
support striped newt populations. As of 2010, only 2 properties in the 
State are known to support viable populations: JJERC and Fort Stewart 
Army Base (Jensen, GDNR, personal communication, 2010; Stevenson et al. 
2009a, p. 2). The Fort Stewart population lies within the range of the 
eastern genetic group on the Atlantic Coastal Plain and was represented 
by approximately 10 known wetlands. Since 2002, striped newts have been 
found at only one wetland at Fort Stewart (Stevenson et al. 2009, p. 
2). The JJERC population lies within the range of the western genetic 
group on the Gulf Coastal Plain, and is represented by 5 known 
wetlands. In

[[Page 32917]]

annual surveys from 2002 to 2010, researchers confirmed striped newts 
from only 3 of these 5 known wetlands (Smith, JJERC, personal 
communication, 2010). Evidence suggests that both the eastern and 
western striped newt populations in Georgia are rare and declining. 
Most suitable striped newt habitat in Georgia has been lost to 
development or converted to pine plantations and silviculture (Dodd and 
LaClaire 1995, p. 43).

Summary of Information Pertaining to the Five Factors

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 CFR 424) set forth procedures for adding species to the 
Federal Lists of Endangered and Threatened Wildlife and Plants. Under 
section 4(a)(1) of the Act, a species may be determined to be 
endangered or threatened based on any of the following 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.
    In making this finding, information pertaining to the striped newt 
in relation to the five factors provided in section 4(a)(1) of the Act 
is discussed below.
    In considering whether a species may warrant listing under any of 
the five factors, we look beyond the species' exposure to a potential 
threat or aggregation of threats under any of the factors, and evaluate 
whether the species responds to those potential threats in a way that 
causes actual impact to the species. The identification of threats that 
might impact a species negatively may not be sufficient to compel a 
finding that the species warrants listing. The information must include 
evidence indicating that the threats are operative and, either singly 
or in aggregation, affect the status of the species. Threats are 
significant if they drive, or contribute to, the risk of extinction of 
the species, such that the species warrants listing as endangered or 
threatened, as those terms are defined in the Act.

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

    Striped newts have been found to use both aquatic and upland 
habitats throughout their life cycle. Most of these habitats have been 
destroyed or modified in the past due to: (1) Conversion of habitat to 
intensely managed, planted pine plantations or naturally regenerated 
stands (Dodd 1995b, p. 129; Wear and Greis 2002, p. 46); (2) loss of 
habitat resulting from urban development (Zwick and Carr 2006, pp. 4-
6); (3) degradation of habitat due to fire suppression (Means 2008, pp. 
27-28); and (4) degradation of the habitat by the use of off-road 
vehicles and road construction (Means 1996, p. 2; Means 2001; p. 31, 
Means 2003 p. 6; Means et al. 1994a., pp. 5-6).
Natural Pine Forest Conversion
    Natural pine forests (i.e., longleaf pine forest) that once were 
found from southeastern Virginia through eastern Texas have declined to 
about 13 million ha (33 million ac), and planted pine plantations 
increased to more than 12 million ha (30 million ac) by 1999 (Dodd 
1995b., p. 129; Wear and Greis 2002, p. 46). There are presently about 
11 million ha (27 million ac) of managed pine plantations where natural 
longleaf pines were once found (Frost 2006, p. 36). Within the longleaf 
pine ecosystem in the South's coastal plains, only 2.2 percent of the 
original range exists (Frost 2006, p. 13; Wear and Greis 2002, p. 66). 
Between 1936 and 1989, longleaf pine forests within the range of the 
striped newt in Florida decreased from more than 3 million ha (7.6 
million ac) to only 384,500 ha (950,000 ac), an 88 percent decrease 
(Dodd 1995b., p. 129). Longleaf pine forest in Georgia declined 36 
percent between 1981 and 1988 (Dodd 1995b., p. 129).
    Habitat loss from the conversion of natural pine forests to 
intensely managed, planted pine plantations has greatly disrupted the 
dispersal of striped newts between breeding ponds and upland habitat. 
Means and Means (1998a, p. 6) found that striped newt habitat at the 
Munson Sandhills varied due to differences in silvicultural practice 
between the eastern and western portions of the Sandhills. In the 
western portion of the Sandhills found within ANF, native groundcover 
remains in the second-growth longleaf pine forests, where striped newts 
spend most of their adult life. However, the eastern portion of the 
Munson Sandhills has been clear-cut and roller-chopped, and planted in 
sand pine (Pinus clausa), which is now a closed canopy with little 
native groundcover. Surveys of ponds located in the eastern Munson 
Sandhills found no striped newts after the site was converted to sand 
pine plantations (Means and Means 1998a, p. 4; Means and Means 2005, 
pp. 58-59; Means 2008, p. 30).
    Silvicultural practices, including mechanical site preparation, 
pond ditching, soil disturbance, and the use of fertilizer and 
herbicides, can interfere with migration and successful reproduction 
(Dodd 1995b, p. 130; Dodd and LaClaire 1995, pp. 43-44; Means and Means 
2005, pp. 59-60; Means 2008, p. 29). Pond ditching, which is used to 
drain ponds to create ideal conditions for silvicultural operations, is 
detrimental to striped newts, because it alters pond hydrology and 
facilitates predatory fish movement into otherwise fishless ponds 
(Means 2008, p. 30). Ditching creates a shortened hydroperiod, reducing 
the amount of time striped newts have to undergo metamorphosis, which 
can eventually decrease the number of reproducing adults (Means 2008, 
p. 31).
Urban Development
    Alteration of upland habitat to urban development can create 
habitat fragmentation and loss of metapopulations of striped newts. In 
10 coastal Georgia counties, the human population is expected to 
increase 51 percent by 2030 (Center for Quality Growth and Regional 
Development 2006, p. 4), but no estimate of impact on native habitats 
was provided. Striped newts have been found within 5 of these counties 
in Georgia, including Bryan, Camden, Long, Liberty, and Screven 
Counties (Franz and Smith 1999, p. 13, Stevenson 2000, pp. 6-7). Zwick 
and Carr (2006, pp. 4-6) modeled human population growth in Florida, 
and concluded that 2.8 million ha (7 million ac) of land will be 
converted to urban use by 2060. Of the 2.8 million ha (7 million ac), 
they estimated that about 1.1 million ha (2.7 million ac) of native 
habitat would be destroyed to accommodate urban development (Zwick and 
Carr 2006, p. 2). It is predicted that more than 800,000 ha (2 million 
ac) of native habitat in Florida will be developed by 2060 within a 
mile of public conservation lands (Zwick and Carr 2006, p. 19; FWC 
2008, p. 8). Urban sprawl where newts occur will fragment striped newt 
ponds from upland habitats. This will limit movement of newts between 
breeding ponds and make them more vulnerable to extinction, as the 
genetic viability of the newts declines (FWC 2008, p. 8). Powerlines 
and natural gas rights-of-ways impact groundcover associated with 
longleaf pine adjacent to breeding ponds, creating barriers to 
dispersal and eventually decreasing populations (Means 2001, pp. 31-
32). Striped newt habitat in the Tallahassee Red Hills has been 
impacted by urban sprawl and land conversion from 1824 to the

[[Page 32918]]

present, and has resulted in the extirpation of striped newts from this 
area (Means and Means 1998b, p. 8).
    Small, isolated wetlands support breeding populations of striped 
newts. However, small, ephemeral wetlands (less than 0.2 ha (0.5 ac)) 
receive no protection from development (Johnson 2003, p. 19; Dodd and 
Cade 1998, p. 337; see discussion under Factor D below). The loss of 
these small, ephemeral wetlands can potentially increase extinction 
rates of newts by limiting migration between ponds and corridors, thus 
decreasing recolonization of local populations (Gibbs 1993, pp. 25-26; 
LaClaire and Franz 1990, p. 13; Semlitsch and Bodie 1998, pp. 1131-
1132). Green (2003, p. 341) concluded that pond-breeding amphibians, 
like striped newts, that have highly fluctuating populations and high 
frequencies of local extinctions are likely to be affected rapidly by 
habitat fragmentation. The loss of breeding ponds due to habitat 
destruction will reduce corridors and limit migration between the ponds 
and the uplands.
Prescribed Fire
    Prescribed fire plays an important role in maintaining productive 
breeding ponds for striped newts (Kirkman et al. 1999, p. 556). Burning 
in dry ponds is also necessary to maintain the quality of vegetation 
needed for striped newts (Johnson 2005, p. 97). Fire suppression at 
many sites with newt breeding ponds has been concurrent with the 
conversion of uplands to pine plantations (Johnson 2005, p. 97). Lack 
of fire can result in the succession of natural pine forests converting 
to fire-intolerant species, dominated by hardwoods (Means 2008, pp. 27-
28). Wear and Greis (2002, pp. 46-47) found that 3.9 million ha (9.7 
million ac) of natural pine forest throughout the Southeast were 
reclassified to hardwood and natural oak-pine forests. Of the remaining 
longleaf pine habitat in the southeast, only 0.2 percent is managed 
with fire and can support native longleaf pine species of plants and 
animals, including striped newts (Frost 2006, p. 38). The succession of 
natural pine forest to more shade-tolerant species, such as oaks and 
hickories, can result in the loss of ground cover, such as wire grass, 
needed by striped newts for shelter and foraging (Means 2001, p. 31). 
Frequencies of prescribed burns in these uplands need to take place in 
a 1- to 3-year cycle to provide suitable habitat for striped newts 
(Johnson and Gjerstad 2006, pp. 287-292). This would also reduce the 
naturally woody components around the ephemeral ponds, and stimulate 
flowering of grasses used by the newts along the pond margins (Means 
2006, p. 196).
    In Florida, some public land managers do not currently have the 
resources to implement effective habitat management programs (Howell et 
al. 2003, p.10). In a questionnaire to State, Federal, and local land 
managers throughout Florida, the Service asked what impediments they 
had in effectively using prescribed fire to manage scrub, a fire-
maintained ecosystem. Many respondents indicated that funding, staff, 
and smoke management issues substantially reduced their ability to burn 
(Service 2006, Excel spreadsheet; Thomson 2010, p. 12). Less than 25 
percent of public land managers had been ranked as having an excellent 
prescribed burn program (Florida Department of Environmental Protection 
2007, p. 1). On most public lands in Florida, striped newt habitat is 
likely to continue to degrade unless land management funding and 
staffing increase in the future.
Off-Road Vehicles and Road Impacts
    Means et al. (1994, pp. 6-7; 2008, pp. 11 and 16) found that their 
study ponds at the Munson Sandhills in ANF off-road vehicle (ORV) use 
had degraded the littoral zone of the breeding ponds into barren sandy 
beaches unsuitable for striped newts. The littoral zone provides 
shallow, warm water where small aquatic invertebrates are concentrated, 
providing food for newts. ORV use also destroys the grasses and grass-
like vegetation around the ponds needed by newts for protection from 
predators such as wading birds (Means et al. 2008, p. 11). In 1994, 27 
of 100 ponds at ANF were found to be damaged by ORV use, including 3 of 
18 striped newt ponds (Means et al. 1994, pp. 6-7). By 2006, ORV 
impacts were documented at nearly every pond at ANF (Means et al. 2008, 
p. 16). However, by 2010, the ANF closed the Munson Sandhills to ORV 
use to protect the striped newt ponds (Petrick, USFS, personal 
communication, 2010; see discussion under Factor D below).
    Striped newts dispersing from breeding ponds to upland habitat are 
also impacted by roads and highways. These impacts usually result in 
direct road mortality; desiccation of small, moist-bodied animals (like 
newts) on dry asphalt; and increased exposure of these small animals to 
aerial predation (Means 1996, p. 2). At one study pond in ANF, Means 
(2003, p. 6) found that most striped newts were emigrating and 
immigrating to and from the breeding pond across a major highway, U.S. 
319.
Summary of Factor A
    We have identified a number of threats to striped newt habitat that 
have resulted in the destruction and modification of habitat in the 
past, are continuing to threaten habitat now, and are expected to 
continue to threaten striped newt habitat in the future. Indications 
are that the loss of habitat due to conversion of natural pine forests 
to more intense silvicultural management regimes will continue in 
interior portions of the range of the striped newt. Striped newt 
habitat within the species' range in Florida and Georgia is currently 
threatened with habitat loss and modification resulting from urban 
development. Habitat loss and fragmentation due to urban development 
and road construction is expected to continue in the future. Lack of, 
or inappropriate use of, prescribed fire is ongoing and likely to 
continue in the future, and has adverse effects on striped newt habitat 
and extant populations. On the basis of this analysis, we find that the 
destruction, modification, or curtailment of the striped newt's habitat 
is currently a threat and is expected to persist and possibly escalate 
in the future. Because this threat is ongoing and we expect it will 
continue over the coming decades; we consider the threat to be 
imminent. However, based on the large amount of potential habitat that 
is currently in public ownership, and fact that most of the known 
striped newt ponds are on conservation lands, we believe the magnitude 
of this threat is moderate. Based upon our review of the best 
commercial and scientific data available, we conclude that the present 
or threatened destruction, modification, or curtailment of its habitat 
or range is an imminent threat of moderate magnitude to the striped 
newt, both now and in the foreseeable future.

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

    The petition provided information that striped newts were collected 
and sold during the 1970s and 1980s. However, in our 90-day finding (75 
FR 13720, March 23, 2010), we determined that there was no evidence to 
support the existence of any threat under this factor. We obtained no 
additional information during the status review to indicate that this 
factor is currently a threat to the species or will become a threat in 
the foreseeable future. Therefore, based on our review of the best 
available scientific and commercial information, we conclude that the 
striped newt is not threatened by

[[Page 32919]]

overutilization for commercial, recreational, scientific, or 
educational purposes now or in the foreseeable future.

Factor C. Disease or Predation

    In our 90-day finding (75 FR 13720, March 23, 2010), we found no 
evidence that predation was a threat to the striped newt, and we 
obtained no additional information during the status review that would 
change that finding. As to disease, below we summarize what was 
previously stated in the 90-day finding (75 FR 13720, March 23, 2010), 
as well as additional information obtained during the status review.
    Disease can be difficult to detect in pond-breeding amphibians. In 
addition, the rarity of striped newts increases the difficulty of 
documenting mortality in the species. However, there are reasons to 
believe that disease may be a possible factor in the decline of striped 
newts. Chytridiomycosis (a disease caused by Batrachochytrium 
dendrobatidis) is implicated or documented as a causative agent in many 
New World amphibian declines (Blaustein and Johnson 2003, p. 91). 
Ouellet et al. (2005, p. 1434) documented the chytrid fungal infections 
in the eastern newts (N. viridescens) in North America. A subspecies of 
the eastern newt, the central or common newt (N. v. louisanensis), has 
been found in the same ponds as the striped newt at ANF and other ponds 
in North Florida (Means 2007, p. 19; Means 2001, pp. 19-21; Means et 
al. 1994, pp. 9-10 and 30-32). The effect of the disease on striped 
newts is unknown; however, California newts (Taricha torosa) have 
tested positive for the pathogen in ponds where a die-off of the 
species was previously reported (Padgett-Flohr and Longcore 2007, p. 
177).
    Some researchers believe that disease pathogens represent one of 
the potential causes of decline of the striped newt (Blaustein and 
Johnson 2003, pp. 87-92). The presence of chytrid fungal infections 
could particularly threaten populations of striped newts, as they may 
not have the resiliency to recover after a population crash caused by 
this disease (Ouellet et al. 2005, p. 1437). Further, the effect of 
this disease could be exacerbated by other stressors, such as habitat 
degradation and climate change (Blaustein and Johnson 2003, p. 91; 
Ouellet et al. 2005, p. 1432; Rothermel et al. 2008, pp. 3, 13). Daszak 
et al. (2005, p. 3236) found that the impact of Batrachochytrium 
dendrobatidis on amphibians can vary among species, and several 
factors, such as climate (i.e., drought) and life-history traits, can 
affect the species' response to the disease. The presence of this 
disease in the range of the striped newt is not confirmed, but is a 
potential cause for concern, given the deleterious effect of the 
disease on other amphibian species.
    A group of viruses belonging to the genus Ranavirus has been shown 
to affect some local populations and cause localized die-offs of 
amphibians (Gray et al. 2009a, p. 244). The Ranavirus could be 
affecting populations of the striped newt, but it is difficult to 
detect in less abundant species (Gray et al. 2009a, p. 244), and we do 
not have confirmation that it is present in striped newt populations. 
However, Green et al. (2002, p. 334) found that Ranavirus was the most 
frequent cause of amphibian mortality in at least 10 species, including 
the spotted salamander (Ambystoma maculatum) and eastern newt, so this 
virus may be impacting striped newt populations in breeding ponds where 
other subspecies of eastern newts, such as the central newt 
(Notophthalmus viridescens louisianensis), are found. There are two 
reasons for the emergence of Ranavirus in amphibian populations: (1) 
Reduced amphibian immunity associated with increased occurrence of 
anthropogenic stressors (e.g. drought), and (2) introduction of 
Ranavirus strains into amphibian populations by humans (Gray et al. 
2009b, p. 2).
    Another recently described disease, caused by a fungus-like protist 
(Amphibiocystidium viridescens), has been reported in eastern newt 
populations (Raffel et al. 2008, p. 204). Specifically, evidence of 
mortality and morbidity due to infection with this disease, and the 
potential importance of secondary infections as a source of mortality, 
were reported (Raffel et al. 2008, p. 204). Also, Cook (2008) found a 
striped newt in captivity to be infected with a protistan parasite that 
has caused disease in other species of amphibians. This parasite, 
currently identified as Demomycoides spp. (Cook 2007, p. 2), caused 
disease resulting in a complete loss of recruitment of the Mississippi 
gopher frog population in Harrison County, Mississippi, in 2003.
Summary of Factor C
    We have found that several of the diseases mentioned above have 
resulted in mortality of species similar to the striped newt, such as 
the eastern newt (which is in the same genus as the striped newt). 
Drought conditions are predicted to be more severe and longer in the 
coming years. As drought (see discussion under Factor E below) and loss 
of habitat (see discussion under Factor A above) continue to act as 
stressors, striped newt populations may become more susceptible to 
disease outbreaks, which could potentially result in some localized 
population extinctions, as has occurred with similar species. Because, 
from the best available information, we do not know if disease is 
currently affecting the striped newt populations, but we believe it is 
likely that it will in the coming decades, we consider this threat to 
be nonimminent. Since disease has resulted in loss to similar amphibian 
species, and additional stressors (e.g., habitat loss, drought, and 
climate change) might make some populations of striped newts more 
vulnerable to disease, the magnitude of this threat is moderate. Based 
upon our review of the best commercial and scientific data available, 
we conclude that disease is a nonimminent threat of moderate magnitude 
to the striped newt within the foreseeable future.

Factor D. The Inadequacy of Existing Regulatory Mechanisms

    There is currently little Federal and State protection of isolated 
wetland habitat and surrounding upland habitats. While many States in 
the southeastern United States regulate those activities affecting 
wetlands that are exempt from section 404 of the Federal Clean Water 
Act (CWA) (33 U.S.C.1251 et seq.), Florida is the only State known to 
regulate isolated wetlands. In Georgia, there are no State laws that 
protect isolated wetlands. Lack of protection for upland habitat under 
wetland statutes can result in loss of recruitment of efts and 
paedomorphs into the breeding adult population, which would reduce the 
potential for the population to persist (Semlitsch 1998, p. 1116).
Federal Statutes and Regulations
    The CWA regulates the dredge and fill activities that adversely 
affect wetlands. Section 404 of CWA regulates the discharge of dredge 
or fill materials into wetlands. Discharges are commonly associated 
with projects to create dry land for development sites, water-control 
projects, and land clearing. The U.S. Army Corps of Engineers (COE) and 
the U.S. Environmental Protection Agency (EPA) share the responsibility 
for implementing the permitting program under section 404 of the CWA. 
EPA and COE provided a guidance memorandum for implementing recent 
court cases addressing jurisdiction over waters of the United States 
under the CWA, specifically addressing the term ``navigable waters'' 
(EPA and COE 2001, pp. 1-7; EPA and COE 2008, pp. 1-13). It is clear 
from this guidance that isolated wetlands are not considered

[[Page 32920]]

waters of the United States under the ``navigable waters'' definition 
and thus are not provided protection under the CWA. Further wetland 
regulations are reviewed by the COE for the development of wetlands 
less than 1.2 ha (3 ac) under a permit called Nationwide Permit 26 
(Kirkman et al. 1999, p. 553; Snodgrass et al. 2000, p. 415).
    The Department of the Interior, through the Service, administers 
the National Wildlife Refuge System. The National Wildlife Refuge 
System Administration Act of 1966 (NWRAA; 16 U.S.C. 668dd-668ee) 
provides legislation for the administration of a national network of 
lands and water for the conservation, management, and restoration of 
fish, wildlife, and plant resources and their habitats for the benefit 
of the American people. Amendment of the NWRAA in 1997 requires the 
refuge system to ensure that the biological integrity, diversity, and 
environmental health of refuges be maintained and requires development 
and implementation of a comprehensive conservation plan (CCP) for each 
refuge. The CCP must identify and describe the wildlife and related 
habitats in the refuge and actions needed to correct significant 
problems that may adversely affect wildlife populations and habitat (16 
U.S.C. 668dd(e)). Striped newt habitat within national wildlife refuges 
is protected from loss due to urban development. Striped newts have 
historically been observed at St. Marks National Wildlife Refuge 
(SMNWR) in Florida and Okefenokee National Wildlife Refuge (ONWR) in 
Georgia. Striped newts were historically found at ONWR in the 1920s, 
but the only known breeding pond was last occupied by newts in 1994. 
Aicher (ONWR, personal communication, September 14, 2010) has not found 
striped newts at ONWR, even though this breeding pond is still in good 
condition with well-maintained uplands surrounding it. At SMNWR, 
surveys conducted in 2002-2005 and again in 2009 were not able to 
locate any newts at 34 ponds (Enge, FWC, personal communication, 2010; 
Dodd et al. 2007, p. 29). The last known observation was in 1978, but 
now the habitat appears to be too degraded to be suitable for striped 
newts due to the lack of fire. Striped newts may indirectly benefit 
from fire management programs intended to maintain and restore habitat 
for species such as the red cockaded woodpecker (Picoides borealis) and 
gopher tortoise (Gopherus polyphemus), but no systematic monitoring 
programs are in place to evaluate striped newt responses to land 
management activities within the refuge system.
    On military installations, the Department of Defense (DOD) must 
conserve and maintain native ecosystems, viable wildlife populations, 
Federal and State listed species, and habitats as vital elements of its 
natural resource management programs, to the extent these requirements 
are consistent with the military mission (DOD Instruction 4715.3). 
Amendments to the Sikes Act (16 U.S.C. 670 et seq.) require each 
military department to prepare and implement an integrated natural 
resources management plan (INRMP) for each installation under its 
jurisdiction. The INRMP must be prepared in cooperation with the 
Service and State fish and wildlife agencies, and must reflect the 
mutual agreement of these parties concerning conservation, protection, 
and management of wildlife resources (16 U.S.C. 670a). Each INRMP must 
provide for wildlife, land and forest management, wildlife-oriented 
recreation, wildlife habitat enhancement, wetland protection, 
sustainable public use of natural resources that are not inconsistent 
with the needs of wildlife resources, and enforcement of natural 
resource laws (16 U.S.C 670a). DOD regulations mandate that resources 
and expertise needed to establish and implement an integrated natural 
resources management program are maintained (DOD Instruction 4715.3). 
These regulations further define the INRMP requirements, and mandate 
that plans be revised every 5 years and that they ensure the military 
lands suitable for management of wildlife are actually managed to 
conserve wildlife resources (DOD Instruction 4715.3).
    The effectiveness of individual INRMPs to protect striped newts 
vary between and within military departments. Because the striped newt 
is not a protected species in Florida, the INRMP for Camp Blanding 
Military Installation does not specifically address management programs 
for this species. However, management activities that benefit the red-
cockaded woodpecker and gopher tortoise, such as prescribed burning, 
should also benefit the striped newt. The striped newt is listed as 
threatened by the State of Georgia, so the INRMP for Fort Stewart Range 
and Garrison does address the specific conservation and management of 
this species.
    The Navy does incorporate protective ecosystem management into 
INRMPs for Naval Air Station Jacksonville (and associated Rodman 
Bombing Range, Pinecastle Range, and Outlying Landing Field 
Whitehouse), Naval Station Mayport, and Naval Submarine Base Kings Bay. 
However, the INRMPs do not include specific management measures for the 
striped newt.
    The Forest and Rangeland Renewable Resources Planning Act (16 
U.S.C. 36),of 1974, as amended by the National Forest Management Act of 
1976 (16 U.S.C. 1600 et seq.), requires that each national forest be 
managed under a forest plan which must be revised every 10 years. 
Regulations governing preparation of forest plans are found in 36 CFR 
219. The purpose of a forest plan is to provide an integrated framework 
for analyzing and approving future, site-specific projects and 
programs, including conservation of listed species. Identification and 
implementation of land management and conservation measures to benefit 
striped newts vary between forests. For example, on the National 
Forests in Florida, striped newts are not designated as a species for 
which special management prescriptions are implemented. There are no 
specific land management objectives for striped newts on the National 
Forests in Florida. The Land and Resource Management Plan for the 
National Forests in Florida (U.S. Forest Service 1999, entire) provides 
for the restoration of longleaf pine forest through various management 
areas located at Apalachicola National Forest (ANF) and Ocala National 
Forest (ONF). Metapopulations of striped newts are found at both of 
these forests. However, a decline of striped newt populations at ANF 
has occurred over the past 10 years (Means et al. 2008, p. 6).
State Statutes and Regulations
    Generally, State statutes and regulations protect striped newts 
from take, but the effectiveness and implementation of regulations vary 
between States. The striped newt is not currently a State-listed 
species in Florida. However, the ephemeral ponds in Florida have some 
protection under Florida State regulations. The five Water Management 
Districts (WMDs) and the Florida Department of Environmental Protection 
(FDEP) regulate wetland protection. The WMDs include isolated wetlands 
in the Environmental Resource Permit process, which requires a permit 
for any activities that would impact a wetland (SJRWMD 2010, p. 1). 
Under the WMDs permitting process, mitigation for impacts to wetlands 
below a minimum permitting threshold size of 0.2 ha (0.5 ac) is not 
addressed unless the wetland supports an endangered or threatened 
species, is connected by standing or flowing surface water at seasonal 
high water level to one or more wetlands that total

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more than 0.2 ha (0.5 ac), or is of more than minimal value to f