Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Tehachapi Slender Salamander as Endangered or Threatened, 62900-62926 [2011-25522]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Proposed Rules]
[Pages 62900-62926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25522]



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Vol. 76

Tuesday,

No. 196

October 11, 2011

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; 12-Month Finding on a 
Petition To List the Tehachapi Slender Salamander as Endangered or 
Threatened; Proposed Rule

Federal Register / Vol. 76 , No. 196 / Tuesday, October 11, 2011 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R8-ES-2008-0087]


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
on a Petition To List the Tehachapi Slender Salamander as Endangered or 
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 Tehachapi slender salamander 
(Batrachoseps stebbinsi) as threatened or endangered, under the 
Endangered Species Act of 1973, as amended (Act). After review of all 
available scientific and commercial information, we find that listing 
the Tehachapi slender salamander is not warranted. However, we ask the 
public to submit to us any new information that becomes available 
concerning threats to the Tehachapi slender salamander or its habitat 
at any time.

DATES: The finding announced in this document was made on October 11, 
2011.

ADDRESSES: This finding is available on the Internet at https://www.regulations.gov at Docket Number FWS-R8-ES-2008-0087 and at https://www.fws.gov/ventura. 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, Ventura 
Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 
93003; telephone 805-644-1766; facsimile 805-644-3958. Please submit 
any new information, materials, or questions concerning this finding to 
the above address or via electronic mail (e-mail) at tss@fws.gov.

FOR FURTHER INFORMATION CONTACT: Michael McCrary, Listing and Recovery 
Program Coordinator, U.S. Fish and Wildlife Service, Ventura Fish and 
Wildlife Office (see ADDRESSES) by telephone at 805-644-7166; or by 
facsimile at 805-644-3958. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(B) of the Endangered Species Act of 1973, as 
amended (Act) (16 U.S.C. 1531 et seq.), requires that, for any petition 
to revise the Federal Lists of Endangered and Threatened Species that 
contains substantial scientific or commercial information that listing 
the species may be warranted, we make a finding within 12 months of the 
date of receipt of the petition. In this finding, we will determine 
that the petitioned action is: (1) Not warranted, (2) warranted, or (3) 
warranted, but the 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 Species. 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 February 28, 2006, we received a petition, dated February 17, 
2006, from Mr. Jeremy Nichols of Denver, Colorado, requesting that the 
Tehachapi slender salamander (Batrachoseps stebbinsi) be listed as 
threatened or endangered in accordance with section 4 of the Act. The 
petition clearly identified itself as such and contained the name, 
address, and signature of the petitioning private citizen, as required 
in 50 CFR 424.14(a).
    In response to the petition, we sent a letter to the petitioner 
dated April 20, 2006, explaining that we would not be able to address 
the petition until fiscal year 2007. The reason for this delay was that 
responding to existing court orders and settlement agreements for other 
listing actions expended our listing funding. We also concluded in our 
April 20, 2006, letter that emergency listing of the Tehachapi slender 
salamander was not warranted. We were delayed in responding to the 
petition until funding became available.
    On April 22, 2009, the Service issued its 90-day finding (74 FR 
18336), concluding that the petition presented substantial scientific 
or commercial information to indicate that listing the Tehachapi 
slender salamander may be warranted. We also announced the initiation 
of a status review to determine if listing the species is warranted and 
solicited information to be provided in connection with the status 
review.
    We contracted with Robert Hansen, a recognized scientific expert on 
the Tehachapi slender salamander, editor of the Herpetological Review, 
and author of peer-reviewed papers on the species (Hansen 1980, pp. 1-
50; Hansen and Stafford 1994, pp. 252-255; Hansen and Wake 2005, pp. 
693-695), to develop a technical report (Hansen 2009, pp. 1-30) 
addressing the species' range and distribution relative to current and 
foreseeable land uses to assess effects of habitat alteration on the 
salamander. This notice constitutes our 12-month finding on the 
February 28, 2006, petition to list the Tehachapi slender salamander as 
threatened or endangered.

Species Description

    Like others in the Family Plethodontidae (the lungless 
salamanders), the Tehachapi slender salamander breathes through its 
smooth, thin skin. Species in the Batrachoseps genus tend to have 
elongated bodies and tails, and shorter limbs. Compared to other 
species of attenuate Batrachoseps, the Tehachapi slender salamander has 
a relatively broad head, long legs, large feet, long toes, a robust 
body, and a short tail. Both front and hind feet contain four toes and 
are more webbed than other Batrachoseps species. The dorsal color may 
be dark red, brick red, or light or dark brown with light-tan or black 
patches that often form a band-like pattern. The Tehachapi slender 
salamander is characterized by 19 intercostal grooves on each side of 
the body (Brame and Murray 1968, p. 19). The Tehachapi slender 
salamander is sexually dimorphic. The average size of adult females is 
2.24 inches (in) (57 millimeters (mm), and adult males average 2.13 in 
(54 mm) snout-to-vent length. Brame and Murray (1968, p. 18) first 
described the species in 1968.
    The Tehachapi slender salamander belongs in the genus Batrachoseps, 
one of 25 genera in the subfamily Bolitoglossinae (Jockusch in litt. 
2009a, p. 2; Jockusch in litt. 2009b, p. 1). The subgenus Batrachoseps 
(under the genus Batrachoseps) consists of four groups or clades (a 
nontaxonomic rank based on genetic or morphological comparisons) 
comprising 16 species and a few undescribed taxa all of which are 
adapted to fossorial (subterranean) and semifossorial existences 
(Jockusch and Wake 2002, pp. 362, 380). The four groups are attenuatus, 
nigriventris, pacificus, and relictus (Jockusch in litt. 2009a, p. 1). 
The Tehachapi slender salamander belongs in the nigriventris group, 
along with the black-bellied

[[Page 62901]]

slender salamander (B. nigriventris), gregarious slender salamander (B. 
gregarious), and Kern Canyon slender salamander (B. simatus) (Jockusch 
in litt. 2009c, p. 1; Jockusch and Wake 2002, p. 363). Based on genetic 
studies, the Tehachapi slender salamander is considered to be closely 
related to the Kern Canyon slender salamander (Hansen and Stafford 
1994, p. 252; Jockusch and Wake 2002, p. 364).
    There are two known populations of Tehachapi slender salamander, 
the Caliente Canyon population and the Tehachapi Mountains population, 
both of which are described in detail below under the Range and 
Distribution section. We examined information suggesting that the two 
populations may represent separate species. We evaluated information 
discussed by Jockusch (1996, pp. 1-231) and Jockusch and Wake (2002, 
pp. 361-391), regarding the large amount of genetic and morphological 
differences between the two populations (Nichols 2006, p. 5). Hansen 
and Wake (2005, p. 694) also suggest that the two may eventually be 
classified as separate species based on genetic and morphological data. 
However, based on subsequent genetic research, Jockusch (in litt. 
2009d, p. 1) concluded that considering the two populations separate 
species was not warranted at this time. Hansen (2009a, pers. comm.) 
believes there are not enough differences between the two populations 
to classify them as separate species or subspecies. Therefore, we 
conclude at this time that the two populations of Tehachapi slender 
salamanders are a single species.

Biology and Natural History

    Western species of plethodontid salamanders, including the 
Tehachapi slender salamander, are completely terrestrial amphibians and 
do not need standing or flowing water for any stage of their life cycle 
(Zug et al. 2001, p. 383). Because their entire life cycle occurs on 
land, they are vulnerable to desiccation. Thus, the Tehachapi slender 
salamander, like other plethodontids, requires moist microhabitats. As 
such, its above-surface activity is greatly reduced outside of the 
rainy season (Feder 1983, pp. 295-296).
    Peak periods of surface activity for the nocturnal Tehachapi 
slender salamander occur during the rainy season, typically February 
through March, but may occur earlier depending on the timing of late-
fall/early-winter rains (Hansen and Wake 2005, p. 694; Hansen in litt. 
2009a, p. 2). During wetter years, peak activity may extend to April or 
early May at higher elevations (Hansen and Wake 2005, p. 694). These 
salamanders retreat to underground refugia (up to 3 feet (ft) (0.9 
meters (m)) below the surface) during the warmer months or during 
periods of freezing temperatures and are believed to aestivate during 
this time (Hansen and Wake 2005, p. 694; Hansen in litt. 2009b, p. 1; 
Hansen 2010 pers. comm.).
    Specific information on the reproductive biology and behavior of 
the Tehachapi slender salamander is unknown. There is no reported 
information on the size and age at sexual maturity, nesting behavior, 
clutch size, or timing of egg hatching for the Tehachapi slender 
salamander (Hansen and Wake 2005, p. 694). However, Hansen and Wake 
(2005, p. 694) suggest that eggs are likely laid underground well below 
the talus and leaf litter material. The Tehachapi slender salamander 
cannot dig its own burrows, so it uses spaces dug in leaf litter or 
talus by other animals, or spaces that result from decaying vegetation 
(Hansen 2009b, pers. comm.; Hansen and Stafford 1994, p. 254). Jockusch 
and Mahoney (1997, p. 699) suggest that oviposition in Tehachapi 
slender salamanders occurs after the first rains in the fall or winter, 
and only once per season, based on their observations of oviposition 
occurring in November in the related black-bellied slender salamander.
    Little is known about the behavior of Batrachoseps species, but 
feeding and reproduction are assumed to occur during brief periods of 
surface activity (Hansen in litt. 2009b, p. 1). The low metabolic rate 
of plethodontid salamanders enables them to sustain themselves on their 
energy reserves when surface conditions are not suitable for foraging. 
They are believed to be inactive (i.e., do not forage) while 
underground (Feder 1983, pp. 304-306). The Tehachapi slender salamander 
has been observed to capture prey, consisting of small terrestrial 
invertebrates, with its projectile tongue (Hansen and Wake 2005, p. 
694). Hansen and Stafford suggest that the diet of the Tehachapi 
slender salamander is likely to be similar to other related 
Batrachoseps, consisting of small spiders, mites, and insects (Hansen 
and Stafford 1994, p. 254). Predators of this species are not well 
known. Other salamander species are known to be preyed upon by birds, 
such as American crows (Corvus brachyrhynchos), common ravens (Corvus 
corax), and jays, as well as raccoons (Procyon lotor), skunks, opossums 
(Didelphis virginiana), and snakes (HumboldtHerps 2010, p. 2; Kuchta 
2005, p. 266). The only documented predator of the Tehachapi slender 
salamander that we know of is a ring-necked snake (Diadophis punctatus) 
(Burkhardt et al. 2001, p. 245). We are not aware of any information 
about parasites or diseases affecting this species or information about 
symbiotic or mutualistic interactions with other organisms.

Habitat Characteristics

    Tehachapi slender salamanders are restricted to seasonally mesic 
microhabitats on north-facing slopes in otherwise dry regions of the 
Tehachapi Mountains and the southern end of the Sierra Nevada Mountains 
(Hansen and Wake 2005, p. 694). Suitable habitat consists typically of 
shaded, north-facing slopes containing talus substrates or areas with 
considerable leaf litter or downed wood (Jockusch and Wake 2002, p. 
362; Hansen and Wake 2005, p. 693; Hansen 2009, p. 2). These heavily 
shaded, north-facing slopes generally occur on the lower reaches of a 
hillside where sun exposure is the most limited (Hansen in litt. 2010b, 
p. 1). The species has most often been found to occur on slopes with 
limestone talus, scattered rocks, fissured rock outcrops, fallen logs, 
leaf litter under tree canopy cover where moisture and humidity are 
high compared to nearby sites with reduced canopy cover or greater 
slope exposure (Hansen and Wake 2005, p. 694; CaliforniaHerps 2008, p. 
2; Hansen 2009, p. 2). The species was also recently found on an 
atypical, more exposed north-facing slope in a new location (Silver 
Creek) in the northeast corner of its range under large rocks; talus 
mixed with soil; logs; and in some cases, dead Yucca spp. plants 
(family Asparagaceae) (see Figure 1) (Sweet in litt. 2011, p. 1). 
Habitat that meets the requirements of the Tehachapi slender salamander 
in the two areas (Caliente Canyon and Tehachapi Mountains areas; see 
``Range and Distribution'' section below) where the species occurs is 
sparse and patchily distributed. These patches of suitable habitat are 
dominated by Aesculus californica (California buckeye), Platanus 
racemosa (California sycamore), and Quercus chrysolepis (canyon live 
oak). Based on survey photographs (Sweet 2011, pp. 8-10), the atypical 
Silver Creek location in the northeast corner of the range also 
includes abundant junipers (Juniperus californica). The species has 
been documented to occur from 1,804 to 4,825 ft (550 to 1,471 m) in 
altitude throughout its range (Hansen 2009, p. 2; Sweet in litt. 2011, 
p. 1).
    Movement patterns, individual dispersal, and home range size of the

[[Page 62902]]

Tehachapi slender salamander are unknown. However, genetic studies of 
related Batrachoseps species (Jockusch 1996, p. 80; Hansen and Wake 
2005, p. 694) indicate that female movement is limited (Jockusch and 
Wake 2002, p. 381). Jockusch (1996, p. 80) observed genetic differences 
over short geographic distances (ranging from 1.6 to 25 miles (mi) or 
2.5 to 40 kilometers (km)) within a population of a closely related 
species, the black-bellied slender salamander, indicating that the 
females had not moved between populations for millions of years. No 
quantitative studies on movement patterns, individual dispersal, and 
home range size have been completed for species of Batrachoseps except 
for the California slender salamander (Batrachoseps attenuatus). 
Anderson (1960, p. 369) observed that the California slender salamander 
movements were limited to approximately 5 ft (2 m), and Maiorana (1978, 
p. 1020) observed that individuals of the same species stay within a 
6.6-ft (2-m) area, on average. Based on the limited data on the 
California slender salamander, we infer that individual Tehachapi 
slender salamanders are likely to stay within an area of a few meters 
during their lifetime (Hansen in litt. 2009b, p.1; Hansen in litt. 
2009c, p. 1).

Range and Distribution

    The Tehachapi slender salamander is endemic to Kern County, 
California (Stebbins 2003, p. 185; Hansen and Wake 2005, p. 693). The 
general range of the species in the Tehachapi Mountains extends from 
the Piute Mountains in the north to Fort Tejon State Historic Park 
(SHP) in the south.
    Since the publication of our 90-day finding (74 FR 18336; April 26, 
2009), we have obtained additional data regarding the distribution of 
the Tehachapi slender salamander. In this finding, we have updated the 
description of the distribution of the Tehachapi slender salamander 
presented in the 90-day finding to reflect the best available 
scientific information. As stated above, we relied extensively on 
Hansen's technical report on the Tehachapi slender salamander in the 
preparation of this review because it provides the most comprehensive 
information on confirmed species occurrences throughout the species' 
range. An occurrence refers to a small patch of habitat (rather than a 
specific point location), where one or more individuals of the species 
was observed and verified. Hansen's 2009 report incorporates his past 
work, information gathered from the September 2008 habitat assessment, 
all vouchered museum specimen occurrences, and confirmed reports of 
occurrences from Jockusch and Wake (2002), other species experts, and 
the California Natural Diversity Database (CNDDB 2007). This report 
also documents current land uses and land ownership at sites where this 
species has been reported, assesses habitat quality, and reviews 
potential threats to the species based on its distribution and natural 
history. We also report new locations not included in any of the above 
that were recently found by Christopher Evelyn and Dr. Sam Sweet 
(University of California, Santa Barbara) in the northeastern portion 
of the species' range (Sweet 2011, pp. 8-10; Sweet in litt. 2011, p. 
1).
    The current known range of the Tehachapi slender salamander 
consists of two disjunct areas that are separated by approximately 13 
mi (21 km) of dry, rugged, mountainous terrain. We consider these two 
disjunct areas as separate populations, the Caliente Canyon and 
Tehachapi Mountains populations. The Caliente Canyon population is 
located northeast of State Highway 58 and west of the Piute Mountains, 
and lies in the southern foothills of the Sierra Nevada Mountains, 
south of Kern Canyon. The Tehachapi Mountains population is located 
southwest of State Highway 58 and extends to Fort Tejon State Historic 
Park (SHP) (Hansen and Stafford 1994, p. 255). This population lies in 
the Tehachapi Mountains and the San Emigdio/Mount Pinos area of Kern 
County, on both sides of Interstate Highway 5. Until recently, the 
species was known from 21 occurrences (from northeast to southwest), 14 
in Caliente Canyon, 6 in the Tehachapi Mountains (including 5 on Tejon 
Ranch and 1 on Fort Tejon SHP), and 1 near Highway 58 (Tehachapi Pass 
location, see Figure 1 below) (Hansen 2009, pp. 8-10; ICF Jones and 
Stokes 2009, p. 4.4-156 and Figure 4.4-8). The 21 previously known 
occurrence records span a period from 1957 through 2007; most recorded 
occurrences are on private land. In addition to the 21 previously known 
occurrences, Christopher Evelyn and Dr. Sam Sweet found 4 new locations 
in the northeastern portion of the species' range (Sweet 2011, pp. 1-
13; Sweet in litt. 2011, p. 1), bringing the total known occurrences to 
25, including one that is extirpated.
    We have defined the ranges of the two populations of the Tehachapi 
slender salamander as the canyons with known occurrences. Based on the 
presence of at least one known occurrence, we infer that the habitat 
up- and downcanyon from the occurrence is likely to be suitable and 
occupied. By using the best available aerial photographs, we determined 
the boundaries of each occupied segment based on the up- and downcanyon 
extent of vegetation that could support the species. We have not 
calculated the actual acreage of each canyon segment because we cannot 
determine the actual width of the suitable habitat, but in many cases 
it probably only extends about 50-100 ft (15-30 m) upslope from the 
canyon bottom. Instead, each occupied segment includes the approximate 
linear extent of contiguous suitable habitat within each canyon that 
has documented occurrences.
    The known range of the Caliente Canyon population is based on 18 
occurrences (including 4 newly discovered occurrences) and consists of 
5 canyon segments totaling approximately 9 linear mi (14.5 km) (Figure 
1), including: Caliente Canyon (14 occurrences, 7 linear mi (11.3-km)), 
Tollgate Canyon (1 occurrence, 0.8 linear mi (1.3 km)), Indian Creek (1 
occurrence, 0.5 linear mi (0.8 km)), an unnamed canyon south of Indian 
Creek (1 occurrence, 0.4 linear mi (0.6 km)), and Silver Creek (1 
occurrence, 0.3 linear mi (0.5 km)).
    Tehahcapi slender salamanders were first discovered in Caliente 
Canyon in 1967 (Brame and Murray 1968, p. 18), and Hansen included 
Caliente Canyon is his 2008 habitat assessment (Hansen 2009, pp. 1-30). 
However, Hansen's 2009 report does not include any information on the 
four new occurrences outside Caliente Canyon, which were discovered in 
2011. The 14 occurrences in Caliente Canyon closely follow Caliente 
Creek between the junction of Bealville Road and California Bodfish 
Road (10 mi (16 km) west of Loraine) and the unincorporated community 
of Loraine (see Figure 1). Caliente Canyon runs roughly from east to 
west and has a number of seasonally moist areas on the steep north-
facing slopes bordering Caliente Canyon Road. Tehachapi slender 
salamander habitat in Caliente Canyon is patchily distributed and 
discontinuous because slope aspect throughout the canyon varies as a 
result of the natural bends in the canyon and the occurrence of side 
canyons. Twelve of the 14 occurrences (approximately 85 percent) in 
Caliente Canyon occur on private land and 2 (approximately 15 percent) 
occur on Bureau of Land Management (BLM) land (Hansen 2009, p. 3). 
Suitable habitat for the species may also occur on north-facing slopes 
of unnamed side canyons that stem from Caliente Canyon (Hansen 2008a, 
b, pers. comm.; Sweet in litt. 2009, p. 2).

[[Page 62903]]

    Information is limited for the four newly discovered occurrences of 
the Caliente Canyon population at this time. The new occurrences range 
from about 5.75 to 7 mi (9.3 to 11.3 km) south and southeast of the the 
easternmost occurrence in Caliente Canyon (Figure 1). Based on photos 
of the new areas taken when the species was first found there (Sweet 
2011, pp. 1-13), the habitat in the vicinity of the occurrences in 
Tollgate Canyon, Indian Creek, and the unnamed canyon south of Indian 
Creek is typical of Tehachapi slender salamanders--steep, shaded, tree-
covered, north-facing slopes, with talus and fallen logs. Although the 
Silver Creek occurrence is also on a north-facing slope, it is atypical 
for the species in that it is more exposed than other occurrences, with 
Juniperus california and Pinus spp. (pines) predominating instead of 
Quercus chrysolepis and Aesculus californica. Three of the four new 
occurrences for the Caliente Canyon population occur on private land 
and one occurs on BLM land.
[GRAPHIC] [TIFF OMITTED] TP11OC11.005

    The Tehachapi slender salamander was reported along the Tehachapi 
Pass, 8 mi (13 km) southwest of Caliente Canyon in 1957, but has not 
been reported in that area since (Hansen 2009, p. 9). At the Tehachapi 
Pass location (see Figure 2), the species was observed on the north 
side of Black Mountain, between State Highway 58 and the Southern 
Pacific rail line (Hansen 2009, pp. 3, 21). We have no information to 
indicate whether surveys have been conducted for this species in this 
area since 1957. Because we do not have current information indicating 
that the species still occupies this area, whether that habitat still 
remains, or which population this occurrence belongs to, we do not 
discuss this historical occurrence further in this review.
    The known range of the Tehachapi Mountains population, which is 
based on six occurrences (Dudek 2008, p. 5-14; Hansen 2009, pp. 9-10), 
consists of five canyon segments totaling approximately 10.2 linear mi 
(16.4 km). Four of the five occupied canyons (five of the known 
occurrences) within this region are on the privately owned Tejon Ranch 
(see Figure 2), and span from Tejon Canyon in the northeast, to Monroe 
Canyon 17.5 linear mi (28.2 km) to the southwest. The occupied canyons 
on Tejon Ranch are in Bear Trap Canyon (two occurrences; approximately 
2.7 linear mi (4.3 km)); the Tejon Creek drainage of Tejon Canyon (one 
occurrence; approximately 5 linear mi (8 km)); an unnamed canyon near 
the Edmond G. Brown Tunnel between Bear Trap Canyon and Geghus Ridge 
(one occurrence; approximately 0.5 linear mi (0.8 km)); and the 
recently discovered occupied location (Dudek 2008, p. 5-14) at Monroe 
Canyon (one occurrence; approximately 1.5 linear mi (2.3 km). Hansen 
(2009, p. 4) described the occupied habitat on Tejon Ranch (Bear Trap 
Canyon specifically) as having moist, loamy soil on north-facing talus 
slopes with canyon live oak, Quercus kelloggii (black oak), Q. 
wislizenii (interior live oak), Calocedrus decurrens (incense cedar) 
and Aesculus californica (California buckeye).
    The one confirmed occurrence in the Fort Tejon SHP area 
(approximately 0.5 linear mi (0.8 km)) is located on the west side of 
Interstate Highway 5, approximately 3 mi (4.8 km) northwest of the 
unincorporated community of Lebec, California (Hansen 2009, p. 10; 
CNDDB 1997).

[[Page 62904]]

[GRAPHIC] [TIFF OMITTED] TP11OC11.006

    A few reports of Tehachapi slender salamanders have not been 
confirmed or have been determined to be other species of slender 
salamander. In 1973, Richman reported the presence of Tehachapi slender 
salamander in Tulare County (Richman 1973, p. 97). Richman stated that 
two adult specimens fitting the description of the Tehachapi slender 
salamander were found under a Pinus jeffreyi (Jeffrey pine) log on an 
east-facing slope in the Sequoia National Forest, Tulare County, 
California. In a 1980 report to the State of California Resources 
Agency, Hansen (1980, p. 38) disagreed with Richman's claim that the 
range of the Tehachapi slender salamander extended to Tulare County. 
Based on his own collections at the site described by Richman, Hansen 
(1980, p. 38) stated that the specimens are definitively not 
Batrachoseps stebbinsi, and later found that what Richman described was 
the first sighting of the Kern Plateau salamander (B. robustus) 
(AmphibiaWeb 2009, p. 4; Hansen and Wake 2005, p. 695; Wake et al. 
2002, p. 1016). BLM also reported the species occurring in Tulare 
County (BLM 2009, p. 1); however, this report could not be confirmed 
(Verner in litt. 2008, p. 1). The U.S. Forest Service reported that 
there are no known occurrences of the species within the lands of the 
National Forest System (U.S. Forest Service 2009, p. 2). Based on this 
information, we currently do not believe that the range of the 
Tehachapi slender salamander extends beyond Kern County.

Potential Suitable Habitat

    Although we do not include any potentially suitable habitat outside 
the canyons that are known to be occupied for the reasons described 
below, researchers have speculated that suitable habitat occurs in 
other canyons and that other canyons may be occupied. During his 2008 
habitat assessment, Hansen (pers. comm. 2008b; 2009, pp. 5-6) 
identified additional areas of suitable habitat along Caliente Creek 
Road between the junction of Bodfish Road and the community of Loraine, 
and in the southwest reaches of the Fort Tejon SHP in Johnson Canyon, 
near the border with Los Padres National Forest. Hansen's report 
identified five general areas containing mesic north-facing slopes as 
potential habitat for the Tehachapi slender salamander, including: (1) 
Along Indian Creek Road, southeast of Loraine in Caliente Canyon; (2) 
drainages in Cummings and Bear Valleys; (3) canyons on Tejon Ranch 
connected to Clear, Sycamore, Cedar, Chanac, Tunis, and El Paso Creeks; 
(4) areas in Johnson Canyon within Fort Tejon SHP near the border with 
Los Padres National Forest; and (5) the northern slopes of the San 
Emigdio Mountains (e.g., Black Bob Canyon) (Hansen 2009, pp. 5-6). 
Hansen (2009) did not provide a quantitative estimate of potential 
habitat. Subsequent to Hansen's 2009 report, Indian Creek has been 
found to be occupied by the salamander (Sweet in litt., p. 1).
    In addition to Hansen's work, Dr. Sweet identified suitable habitat 
in several tributary canyons extending south of Caliente Canyon (Sweet 
in litt. 2009, pp. 1-2). Within this estimated 30-square-mile (7,770-
ha) area, Sweet (in litt. 2009, pp. 1-2) described the presence of 
steep, north-facing slopes containing patches of oak trees, springs and 
seepages, and areas containing talus. In his 2009 letter, Sweet (in 
litt. 2009, p. 2) stated that he had seen the Tehachapi slender 
salamander in this area and suggested that they may be widespread in 
these tributary canyons stemming from Caliente Creek. However, at that 
time, Sweet was unable to provide the Service with specific occurrence 
information. Subsequently, Christopher Evelyn and Dr. Sweet verified 
that at least a few of these canyons are occupied (Sweet 2011, pp. 1-
13).

[[Page 62905]]

    Although other canyons may have some habitat characteristics 
similar to those that are known to be occupied, we are not speculating 
here as to either their suitability for Tehachapi slender salamanders 
or the likelihood that they may be occupied. Although not studied in 
detail, the species' habitat requirements appear to be highly specific 
(e.g., specific soil type; narrow range of soil moisture and 
temperature; substrate type and density; over- and understory 
structure; presence of appropriate refugia) and habitat that may have 
the general appearance of being suitable (e.g., north-facing slope with 
an overstory) may be lacking one or more essential components. Also, 
the species has seldom been found when these areas of apparently 
suitable habitat have been searched. For example, on April 5, 2009, as 
a followup to the 2009 report, Hansen (2009), with assistance from 
Service biologists, conducted a survey for Tehachapi slender 
salamanders in San Emigdio Canyon (within the privately owned Wind 
Wolves Preserve located on the south side of Interstate Highway 5 and 
northwest of Fort Tejon) and in Johnson Canyon of Fort Tejon SHP. 
Although these areas included north-facing slopes that visually 
appeared similar to habitat at known occurrences, no Tehachapi slender 
salamanders were found. Also, during an extensive study on Tejon Ranch, 
only one individual Tehachapi slender salamander was found in the 77 
drainages surveyed (Dudek 2008, p. 6-5). The one individual that was 
found in Monroe Canyon is a new occurrence of the species.
    The lack of success in finding salamanders in potentially suitable 
habitat may simply be a function of the species not being at the 
surface on the day the search was conducted. However, it is also likely 
that the habitat was not actually occupied because it only had the most 
general habitat requirements but was missing some important feature 
required by the species. Therefore, we believe that it is overly 
speculative to assume that suitable habitat can be readily identified 
and that habitat that appears to be suitable is in fact occupied.

Population Sizes and Trends

    The populations of occupied canyons have not been determined, and 
we are not aware of any information on actual population trends. The 
best available information indicates that the number of occurrences has 
remained relatively stable (Hansen 2009, pp. 3-5, 11, 12). One 
occurrence (Tehachapi Pass) has been extirpated as a result of road 
construction, and five new occurrences (Monroe Canyon, Tollhouse 
Canyon, Indian Creek, an unnamed canyon south of Indian Creek, and 
Silver Creek) have been found.

Current Status

    The Tehachapi slender salamander has been listed as threatened by 
the State of California since June 1971 (CDFG 2009, p. 7). The species 
has a global heritage ranking of G2, meaning that the species is 
classified by NatureServe as globally imperiled (NatureServe 2009, p. 
1; Hansen 2009, p. 2). The Tehachapi slender salamander is considered 
sensitive by BLM (2006, p. 2) and the U.S. Forest Service (2005, p. 
78).

Summary of Information Pertaining to the Five Factors

    Section 4 of the Act (16 U.S.C. 1533) and implementing regulations 
at 50 CFR part 424 set forth procedures for adding species to the 
Federal List of Endangered and Threatened Wildlife. An ``endangered 
species'' is any species in danger of extinction throughout all or a 
significant portion of its range. A ``threatened species'' is any 
species which is likely to become an endangered species within the 
foreseeable future throughout all or a significant portion of its 
range. Under section 4(a)(1) of the ESA, 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 considering what factors might constitute threats, we must look 
beyond the exposure of the species to the factor to determine whether 
the species responds to the factor in a way that causes actual impacts 
to the species. If there is exposure and the species responds 
negatively, the factor may be a threat and we then attempt to determine 
how significant a threat it is. If the threat is significant, it may 
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 by the Act.
    In making our 12-month finding, we considered and evaluated all 
scientific and commercial information in our files, including 
information received during the public comment period that ended June 
22, 2009.

Factor A: The Present or Threatened Destruction, Modification, or 
Curtailment of the Species' Habitat or Range

    Under Factor A, we consider whether the Tehachapi slender 
salamander is threatened by the present or threatened destruction, 
modification, or curtailment of its habitat or range by growth and 
development of human communities, road construction, mining, domestic 
livestock grazing, and flood control projects (Nichols 2006, p. 6). We 
will evaluate each of these threats for both the Caliente Canyon 
population and Tehachapi Mountains population of the Tehachapi slender 
salamander.
    Like other plethodontids, Tehachapi slender salamanders require 
moisture to maintain the permeability of their skin for gas exchange 
for respiration (Feder 1983, p. 295). This physiological requirement 
limits the time during which they are active at the soil's surface to 
relatively brief, rainy periods between the late fall and early spring 
(Hansen 2009, p. 2; Hansen and Wake 2005, p. 694). These salamanders 
forage and breed during periods of surface activity (Feder 1983, p. 
296). During the remainder of the year, they retreat into talus or 
rocky substrates, or deep under fallen logs or leaf litter, which 
provide refuge from the climatic extremes of the Tehachapi and Sierra 
Nevada Mountains (Hansen 2009, p. 2).
    Given its physiology and life history, this species may be 
negatively affected by disturbances that remove or reduce surface and 
soil moisture, relative humidity, or suitable rocky and leafy 
substrates. Disturbances that reportedly impact Tehachapi slender 
salamanders through habitat removal and degradation include residential 
and commercial development, livestock grazing, road construction, 
mining, and flood control projects (Hansen and Wake 2005, p. 693; 
Hansen and Stafford 1994, pp. 254-255; Jennings 1996, pp. 928-929). 
Construction associated with residential and commercial development, 
new roads, and mines can remove habitat and can also cause erosion that 
washes away the substrates of talus, woody debris, and leaf litter that 
the Tehachapi slender salamander uses as refugia. The removal and 
degradation of habitat can also cause habitat fragmentation, which 
would require individuals to travel longer distances between suitable 
habitat patches during brief periods of suitable climate to find mates. 
In addition, these activities, along with flood control

[[Page 62906]]

projects, may alter the hydrology of the mesic environment upon which 
the species depends (Jennings 1996, pp. 928-929; Hansen and Wake 2005, 
p. 693; CNDDB 2007). Our evaluation of the extent and magnitude of 
potential effects caused by these activities is based on existing and 
expected land uses within the species' range.
Caliente Canyon Population
    The main land use within the range of the Caliente Canyon 
population of the Tehachapi slender salamander is livestock grazing 
(mainly cattle). Seventeen of the 18 confirmed occurrences of the 
Caliente Canyon population of the Tehachapi slender salamander are on 
lands used primarily for livestock grazing. The remaining occurrence is 
on a 34-ac (13.8-ha) parcel with a private residence located at the 
base of a north-facing slope. In terms of land ownership, 15 
occurrences are on private land, and 3 occurrences are on BLM land.
    In 2008, Hansen conducted a habitat assessment of the 14 
occurrences in Caliente Canyon (Hansen 2009, pp. 1-30) (Figure 1), 
which was prior to the discovery of the other 4 occurrences that make 
up the Caliente Canyon population. In his 2009 report, Hansen (pp. 11-
12) noted moderate but localized impacts at 4 of the 14 occurrences in 
Caliente Canyon from one or more of the following: Cattle grazing, 
disturbance associated with a residence on a private parcel, or erosion 
from a nearby road (Hansen in litt. 2010a, pp. 1-3). The other 10 
occurrences show minor to low levels of disturbance from cattle grazing 
(Hansen in litt. 2010a, pp. 1-5; Hansen 2009, p. 11). Hansen did point 
out that there was plenty of suitable habitat in good to fair condition 
at all 14 occurrences that would adequately function for the species 
(Hansen in litt. 2010a, pp. 3-7; Hansen 2010 pers. comm.), and that 
overall, the habitat in the canyon had remained relatively stable since 
his first visit in 1979 (Hansen 2009, p. 3).
    Livestock grazing could potentially impact Tehachapi slender 
salamander habitat through trampling and erosion. The degree of cattle-
related degradation is directly related to the concentration of cattle 
in a given area (Hansen in litt. 2010a, p. 3). Heavy trampling, 
particularly during moist conditions, could crush Tehachapi slender 
salamander burrows and individual salamanders during their surface 
activity, and could degrade habitat by displacing and removing talus, 
logs, and rocks that serve as critical components of cover and habitat 
for the species (Hansen 2010, 2008b, pers. comm.; Kuritsubo 2010 pers. 
comm.). Habitat cover consisting of talus, leaf litter, and woody 
debris can be displaced by cattle and further removed by wind and water 
erosion, potentially making the area less hospitable for the species to 
burrow and retain moisture for skin respiration. However, impacts from 
cattle within the range of the Caliente Canyon population of the 
Tehachapi slender salamander are typically localized, and are generally 
low to moderate in degree (Hansen in litt. 2010a, pp. 1-7). In 
addition, Tehachapi slender salamander occurrences in Caliente Canyon 
have persisted for decades in areas grazed by cattle (Hansen 2009, pp. 
3, 11). The same is likely true for the four newly discovered 
occurrences of the Caliente Canyon population.
    Although livestock grazing (mainly cattle) occurs throughout 
Caliente Canyon, Hansen (2009) found a moderate and localized level of 
habitat degradation from livestock grazing in the vicinity of only 3 of 
the 14 occurrences in the canyon, but also noted that sufficient 
habitat in good-to-fair condition remained in these three areas to 
support the species. One of the three occurrences that show a moderate 
level of habitat degradation is on BLM land that has been designated as 
a BLM grazing allotment. BLM manages the allotment in Caliente Canyon 
for 74 animal unit months (AUMs) (i.e., 6 cows graze throughout the 
allotment year-round or 74 cows graze in the allotment for 1 month per 
year) on 470 ac (190 ha) within the Canyon (Kuritsubo in litt. 2009b, 
p. 1). Although the other occurrence in Caliente Canyon on BLM land is 
also within the grazing allotment, it is considered to be in good 
condition (Hansen 2009, p. 11). The third occurrence affected by 
grazing is on private land (Hansen 2009, p. 11). The limited impact of 
cattle grazing on Tehachapi slender salamander habitat in Caliente 
Canyon and elsewhere may be because they are free ranging. Cattle tend 
to graze the grass to a certain height and move on, unless their 
movement is restricted to a corral or a fenced area. According to 
Hansen (in litt. 2010a, p. 3; 2010 pers. comm.), cattle throughout the 
range of the species are free ranging, thus trampling and removal of 
vegetation to the point of exposing bare ground to such an extent that 
it reduces, fragments, or otherwise makes the habitat unsuitable for 
the Tehachapi slender salamander is not evident for any of the 
occurrences throughout the Caliente Canyon population's range.
    The fourth occurrence in Caliente Canyon (of the four with visible 
disturbance) is located on private land near a residence. The area 
immediately surrounding the point where the species had originally been 
found showed moderate to high localized disturbance; however, Hansen 
(in litt. 2010a, pp. 1-7; Hansen 2009, p. 11) indicated that sufficient 
undisturbed habitat remained in the area to support the species.
    All of the confirmed occurrences in Caliente Canyon are adjacent to 
a two-lane, paved road. The impacts of roads on the Tehachapi slender 
salamander are varied. Road construction, such as construction of State 
Highway 58 (the section between the unincorporated communities of Keene 
and Monolith was constructed during the 1960s), Interstate Highway 5 
(the section between Lebec and Fort Tejon was completed in 1964), and 
Caliente Creek Road (date of construction unknown), likely removed 
Tehachapi slender salamander habitat and likely caused some habitat 
fragmentation (Cismowski in litt. 2010, p. 1; Hansen and Wake 2005, p. 
693; Hansen 2009b pers. comm.). Further, road run-off from 
precipitation may contribute to erosion of the talus, leaf litter, and 
small rocks that comprise salamander habitat. Hansen noted that erosion 
was occurring, possibly from run-off from the roads, in the vicinity of 
2 of the 14 occurrences in Caliente Canyon (Hansen 2009, p. 11). 
Erosion at one of the two occurrences is associated with the main paved 
road through the canyon, while the other is from a narrow, unpaved road 
(see below). The impact of erosion in the vicinity of these two 
occurrences was moderate and localized, with sufficient remaining 
habitat nearby to continue to support the species (Hansen in litt. 
2010a, p. 3). We are not aware of any new roads planned for 
construction within the range of this population.
    Mining has occurred in the Caliente Creek region of Kern County 
since the late 1800s (SRK Consulting 2002, p. 6). The Zenda Gold Mine 
project is located on private land about 1 mi (1.6 km) from one of the 
occurrences of the Tehachapi slender salamander in Caliente Canyon 
(Hansen 2009, p. 11). Kern County issued a conditional use permit in 
1990 to Equinox, the mine owner at the time, but the permit has since 
expired and has not been renewed (Kuritsubo 2009b pers. comm.). 
Although the Zenda Gold Mine is located on private land and is 
sufficiently distant not to be a threat to any occurrences, Equinox's 
mining claim also extends onto BLM land in the vicinity of one or more 
occurrences. Mining companies often hold claims for lands that they may 
not own that extend beyond what they are currently mining (Kuritsubo 
2009c pers. comm.). For example, these areas may be included to

[[Page 62907]]

provide access to the actual mine site. Although Equinox's claim 
extends onto BLM land, they have not conducted any activity on the 
claim (Falcon in litt. 2010, p. 1; SRK 2002, pp. 6-7). Although the 
claim is still in effect,the county permit for the mine has expired, 
and there are no mine plans filed with BLM or Kern County under the 
State Mining and Reclamation Action of 1975 (SMARA) (Falcon in litt. 
2010, p. 1; Kuritsubo 2009a pers. comm.). Based on the best information 
available to us, there are no active mines within the range of this 
population.
    One of the two occurrences where erosion has occurred is downslope 
from Last Chance Canyon Road, a narrow, unpaved road leading to the 
Zenda gold mine. Hansen (2009, p.11) notes in his 2009 report that 
construction of this unpaved road eliminated some Tehachapi slender 
salamander habitat and is causing erosion of the remaining habitat in 
this area. Regardless of how much the Last Chance Canyon Road is 
traveled, its mere presence may degrade Tehachapi slender salamander 
habitat through erosion from wind and runoff from seasonal 
precipitation. Even so, Hansen (in litt. 2010a, p. 1) describes the 
impacts to the habitat in the general vicinity of the occurrence as 
moderate and localized, but also noted that sufficient habitat in good-
to-fair condition remained to support the species. There are no new 
mining roads planned within the range of the Caliente Canyon 
population.
    The habitat at the four new occurences of the Caliente Canyon 
population has not been surveyed, and therefore the habitat assessment 
below is based on topographic maps, aerial photos, and survey photo 
records of each location (Sweet 2011, pp. 2-5 and 8-10). The habitat at 
the Tollgate Canyon occurrence appears to be in good condition, and 
although grazing likely occurs in the general area, there are no signs 
of disturbance from grazing. An unpaved road is near the occurrence, 
but there are many acres of contiguous salamander habitat surrounding 
the occurrence. There are no paved roads, buildings, mines, or other 
forms of activity in the area. The habitat at the unnamed canyon south 
of Indian Creek occurrence appears to be in good condition. This 
occurrence is on BLM land that is not part of a grazing allotment, and 
there are no signs of disturbance from grazing. There are no paved or 
unpaved roads, buildings, mines, or other forms of activity in the 
area. The habitat at the Indian Creek location appears to be in fair to 
good condition because grazing is more readily apparent near this 
occurrence than the two above occurrences. There is also an unpaved 
road in the vicinity of the occurrence. However, there are no paved 
roads, buildings, mines, or other forms of activity in the area. The 
habitat at the Silver Creek occurrence appears to be in fair to good 
condition because grazing occurs in the area. There is also a building 
and an unpaved road near this occurrence, but there are many acres of 
contiguous salamander habitat surrounding the occurrence.
    In summary, grazing occurs on much of the private land and the BLM 
lands that are part of allotments in the range of the Caliente Canyon 
population of the Tehachapi slender salamander. Of the 14 occurrences 
in Caliente Canyon, 4 have experienced a moderate level of localized 
habitat disturbance. Of these four, one occurrence is moderately 
affected by cattle grazing; one on BLM land is moderately affected by 
cattle grazing and erosion from an adjacent paved road; one is 
moderately affected by grazing and erosion from an adjacent narrow, 
unpaved mine road; and one is moderately affected by a residence. 
Habitat with little or no disturbance is present in the same areas as 
these four occurrences. The other 10 occurrences show a minor-to-low 
level of disturbance from cattle grazing (Hansen in litt. 2010a, pp. 1-
4; Hansen 2009, p. 11). The only activity in the areas where the 4 new 
occurrences are located is cattle grazing, with the exception of a 
single building near one of the occurrences. One of the newly 
discovered occurrences appears to be in good condition, with little 
sign of grazing. Another, which is on BLM land that is not part of an 
allotment, appears to be in good condition. We classify the other two 
occurrences as being in fair to good condition because there are signs 
of cattle grazing in their immediate vicinity. There are no flood 
control projects occurring or planned within areas of known Tehachapi 
slender salamander occurrences in Caliente Canyon.
    Based on the best information we have, there are no planned or 
proposed land use changes within the range of the Caliente Canyon 
population of the Tehachapi slender salamander. BLM's land use 
management plans are updated every 15 to 20 years. Although the BLM 
land containing three confirmed occurrences may be disposed of (meaning 
relinquished or sold) based on the current plan, we have no information 
to indicate that the land will be sold or developed, or that the 
current grazing practices will change within the next 15 to 20 years 
(Kuritsubo in litt. 2008, p. 1; Kuritsubo 2009b pers. comm.). No new 
residential or commercial development projects planned on parcels with 
occupied Tehachapi slender salamander habitat are expected in the 
foreseeable future (Kern County in litt. 2009, p. 9). No permit 
requests have been submitted to Kern County to restart mining activity 
in the foreseeable future. Therefore, the Caliente Canyon population of 
the Tehachapi slender salamander and its habitat are not threatened 
with destruction or curtailment now and are not likely to be threatened 
with destruction or curtailment in the future.
Tehachapi Mountains Population
    For the reasons discussed above (see ``Potential Suitable Habitat'' 
section), we define the range of the Tehachapi Mountains population as 
consisting of five occupied canyon segments totaling 10.2 linear mi 
(16.4 km), which includes six known occurrences. Four of the canyon 
segments (five of the occurrences) are on the privately owned Tejon 
Ranch, and one is on Fort Tejon SHP. The main land uses that are 
presently occurring within the range of the Tehachapi Mountains 
population of the Tehachapi slender salamander are ranching, farming, 
and recreation (Hansen 2009, p. 12; ICF Jones and Stokes 2009, p. 1-4). 
Currently, specific land uses on the 270,365-ac (109,413-ha) Tejon 
Ranch include: farming and irrigation systems; livestock grazing and 
range management activities; film production (which may involve 
temporary construction and use of explosives); repair, maintenance, and 
use of roads; maintenance and construction of utilities; and fence 
construction and maintenance (Dudek 2008, pp. 2-5 through 2-8). There 
is an existing 2-in (5-cm) water pipeline that overlaps with one 
confirmed occurrence near Pastoria Creek (Miller in litt. 2010b, p. 2). 
Because this pipeline is already in place, and it does not carry any 
dangerous substance, we do not find the presence of this pipeline to 
threaten the Tehachapi slender salamander or its habitat. The closest 
farming and irrigation activities are approximately 1,000 ft (305 m) 
from the occupied portion of any canyon, and are, therefore, far enough 
away not to negatively affect slopes known to be occupied by Tehachapi 
slender salamanders (Miller in litt. 2010b, p. 4).
    Possible impacts from cattle grazing are as discussed for the 
Caliente Canyon population of the Tehachapi slender salamander. There 
are approximately 14,500 head of cattle (Dudek 2008, p. 2-5) grazing on 
255,000 ac (103,195 ha) (Miller in litt. 2010b, p. 5) of Tejon Ranch. 
Cattle grazing on Tejon Ranch are managed by seasonal rotation,

[[Page 62908]]

following the availability of green pasture (Miller in litt. 2010a, p. 
1). While Tejon Ranch's livestock managers continually assess the 
availability of feed, cattle are allowed to ``drift'' through gates to 
different pastures where feed is available (Miller in litt. 2010a, p. 
1). This approach provides for active management of free-range cattle 
grazing and avoids depletion of vegetation and significant damage of 
the habitat.
    In his 2000 Tehachapi slender salamander survey, Hansen documented 
that grazing, and to a limited extent logging, were evident in occupied 
Tehachapi slender salamander habitat (Hansen 2009, p. 12). 
Specifically, Hansen noted that grazing and logging activities were 
evident along Bear Trap Canyon in the area known to be occupied (Hansen 
2009, p. 5). From 1989 through 1994, Tejon Ranch had a short-term 
timber harvesting operation targeting hardwoods for fuel on 367 ac 
(148.5 ha) in an area that includes Bear Trap Canyon (Vance in litt. 
2009a, pp. 2, 8). To the best of our knowledge, no commercial logging 
activities are currently in operation and none are proposed on Tejon 
Ranch (Brauer in litt. 2009, p.1; Vance in litt. 2009a, p. 1). Hansen 
reported that the habitat at all of the then known four occurrences on 
Tejon Ranch was in good condition, despite the presence of grazing 
(Hansen 2009, p. 12). The fifth, and most recently discovered 
occurrence in Monroe Canyon, is reported to be in habitat of good 
condition, with no evidence of disturbance by cattle (Miller in litt. 
2010b, p. 4).
    Wild turkeys (Meleagris gallopavo) and pigs (Sus scrofa) were 
introduced on Tejon Ranch in 1989 and 1990, respectively (Miller in 
litt. 2010b, p. 5; Dudek 2008, p. 3-4). There are approximately 1,200 
turkeys and 5,000 pigs with free range on 255,000 ac (103,195 ha) on 
Tejon Ranch (Miller in litt. 2010b, pp. 4-5). Similar to livestock 
grazing, wild pigs and turkeys could degrade and fragment Tehachapi 
slender salamander habitat by removing talus and leaf litter, thus 
damaging the soil cover while foraging (Dudek 2008, pp. 5-26, 6-6). 
Pigs are known to be particularly destructive because of their rooting 
and tilling behavior (Hansen 2009, p. 4; Dudek 2008, p. 3-4). Although 
turkeys and pigs overlap with the Tehachapi population of the Tehachapi 
slender salamander and have the potential to destroy habitat through 
scraping and rooting, we have no information to indicate that the 
Tehachapi slender salamander is being threatened by these nonnative 
species; and no damage from turkeys or pigs has been reported in 
occupied habitat. In fact, Tehachapi slender salamander habitat on the 
ranch is reported to be in good habitat condition (Miller in litt. 
2010b, p. 5; Hansen in litt. 2010a, p. 3).
    Activities involving ground disturbance associated with 
construction include film production; repair, maintenance, and use of 
roads; maintenance and construction of utilities; and fence 
construction and maintenance. All of these activities could result in 
the removal of habitat cover (talus, leaf litter, and vegetation), 
digging, and removal of soil. Such actions may result in habitat 
degradation, fragmentation, and the injury or mortality of the 
Tehachapi slender salamander. All of these activities occur on a 
sporadic and limited basis. We have no evidence that they occur in 
areas of known Tehachapi slender salamander occurrences.
    Overall, current ranch-wide activities on Tejon Ranch have not 
removed or destroyed the Tehachapi slender salamander's habitat within 
the range of the Tehachapi Mountain population. Cattle ranching has 
been practiced since the late 1800s (Tejon Ranch 2011, p. 1), and the 
presence of cattle has not modified the habitat in any noticeable 
manner (Hansen 2009, p. 12). Fuel management (vegetation thinning and 
clearing) does not appear to have any visible effect on habitat. Wild 
turkeys and pigs cause localized habitat degradation, but apparently no 
degradation has been documented in this area. Finally, with the 
exception of one existing water pipeline, farming, irrigation, road 
repair and construction activities do not occur within occupied 
habitat.
    Tejon Ranch plans to construct a residential and commercial 
development on their property called Tejon Mountain Village (TMV). The 
TMV development envelope consists of 7,860 ac (3,181 ha), within which 
a development footprint of up to 5,533 ac (2,239 ha) is proposed 
(Letterly in litt 2010, p. 1). Although Tejon Ranch does not plan to 
exceed the 5,533-ac (2,239-ha) footprint, the exact location for 
construction could be anywhere within the 7,860-ac (3,181-ha) 
development envelope.
    The TMV development would include a total of 3,624 dwelling units, 
464,920 square feet (43,192 square meters) of commercial development, 
two golf courses, an equestrian center, up to 750 hotel rooms, and up 
to 350,000 square feet (32,516 square meters) of support uses (e.g., 
hotel lobby support services, food and beverage service, golf 
clubhouses, equestrian facilities, private recreation facilities) 
(Dudek 2008, p. 2-11) that would be constructed over approximately 30 
years. The TMV development envelope has been designed to completely 
avoid all occupied habitat (i.e., occupied canyon segments that make up 
the range of the species) and all known occurrences of the Tehachapi 
slender salamander. Potentially, the closest development to occupied 
habitat (i.e., the distance to the boundary of the development 
envelope) is about 0.5 mi (0.8 km) at Monroe Canyon; all other occupied 
habitat is a minimum 1 mi (1.6 ha) from any potential development. 
Therefore, because the species is confined to the identified canyon 
segments based on the biology of the species, and those canyon segments 
are outside of the proposed development envelope, we do not expect that 
construction of the TMV project will result in the loss of any occupied 
habitat.
    The proposed TMV development is expected to reduce the area grazed 
on the ranch by approximately 2 percent (5,000 ac (2,023 ha) of the 
255,000 ac (103,195 ha)), leaving approximately 250,000 ac (101,171.4 
ha) available to cattle (Miller in litt. 2010b, p. 5). The number of 
cattle grazing on the ranch would be commensurate with the reduction in 
area available for grazing, and the reduction in available feed (Miller 
in litt. 2010b, p. 5). As a result, we do not anticipate grazing 
impacts to increase as a result of the proposed TMV development.
    Tejon Ranch has submitted a habitat conservation plan (HCP) to the 
Service, in support of an application for an incidental take permit 
(ITP), that addresses 27 species, including the Tehachapi slender 
salamander, that potentially may be affected by the TMV project and 
current ranch-wide uses, such as grazing, proposed to be covered under 
the ITP. The HCP covers approximately 141,886 ac (57,419 ha) of the 
270,365-ac (109,413-ha) ranch (Dudek 2008, p. 1-1). In addition to an 
HCP, a draft Environmental Impact Statement (EIS) on the HCP/ITP has 
been circulated for public comment in accordance with the National 
Environmental Policy Act (NEPA). A Final Environmental Impact Report 
(EIR) that focuses on the TMV project was certified by Kern County in 
2009 to comply with the California Environmental Quality Act (CEQA).
    Dudek, the consultants preparing the HCP for Tejon Ranch, developed 
a habitat suitability model to estimate impacts to each of the species 
addressed in the plan. Based on the model, Dudek estimates up to 3,797 
ac (1,537 ha) of suitable habitat for the Tehachapi slender salamander 
may exist within the

[[Page 62909]]

141,886-ac (57,419-ha) HCP boundary (Dudek 2008, p. 5-14; ICF Jones and 
Stokes 2008, p. 3.1-15). However, both Tejon Ranch and Dudek point out 
that the habitat suitability model is constrained by broad assumptions 
and limited information on the species' habitat characteristics; thus, 
the model likely overestimates the presence of suitable habitat (Dudek 
2008, pp. 5-14 and D-31). We concur with Dudek's assessment of the 
model, and also believe it greatly overestimates the amount of suitable 
habitat; therefore, the model should be considered a worst-case 
approach for determining the amount of potentially affected habitat.
    As we discussed in the ``Potential Suitable Habitat'' section 
above, the species' habitat requirements are highly specific, and the 
Dudek model overgeneralizes suitable habitat. For example, we 
understand that the species is mostly found on north-facing slopes; 
however, the model includes east-facing (90 degree) and west-facing 
(270 degree) slopes (Dudek 2008, p. D-31). Further, information was not 
available for the model to account for the presence of talus or leaf 
litter that the species uses for refuge. The model also assumes uniform 
distribution of habitat, whereas in reality, the species and its 
habitat are patchily distributed in the landscape. As a result, 
suitable habitat identified in the model includes areas with unsuitable 
and inhospitable substrates for the species, and thus the model 
overgeneralizes and overestimates the amount of Tehachapi slender 
salamander habitat. For these reasons, we have based our analysis 
mainly on threats to the known occupied canyons. However, we also 
recognize the possibility that other suitable habitat exists beyond 
these canyons and that some of these areas could potentially be 
occupied, and, therefore, we have also considered the results of the 
Dudek suitability model as a worst-case approach to assessing the 
impacts of the TMV project.
    Although the TMV development envelope avoids all habitat segments 
we consider to be occupied and all known occurrences within the 
Tehachapi Mountains population (i.e., the discrete range of this 
portion of the species), the habitat suitability model for the 
Tehachapi slender salamander estimates that 108 ac (44 ha) (16 percent) 
of the 760 ac (308 ha) of potentially suitable habitat within the 
proposed TMV development envelope would be removed (ICF Jones and 
Stokes 2008, p. 4.1-31). The EIR for the proposed TMV project states 
that short-term and long-term impacts from construction, which would 
result in the loss of 16 percent of potentially suitable habitat in the 
project area without the proposed mitigation measures sited in the EIR 
(ICF Jones and Stokes 2009, pp. 4.4-102 and 4.4-156), could be 
significant to the Tehachapi slender salamander. However, we believe 
the EIR's conclusion overstates potential impacts to the Tehachapi 
slender salamander.. Our reasons are based on the following:
    (1) The EIR for the proposed TMV project uses data from the Dudek 
habitat suitability model for the Tehachapi slender salamander to 
estimate potential impacts to the species, which as previously 
discussed, overestimates the amount of suitable habitat for the species 
on the ranch and likewise, overestimates the number of acres of 
suitable habitat potentially removed as a result of the project;
    (2) the EIR analysis of impacts is based on the estimated number of 
acres of potentially suitable habitat within the boundaries of the 
proposed TMV development envelope, but the loss of 108 ac (44 ha) 
actually represents only 2.8 percent of the potentially suitable 
habitat within the HCP boundary on the ranch;
    (3) we have no indication that the 108 ac (44 ha) is occupied by 
the species; and
    (4) the development envelope does not overlap with occupied habitat 
or known occurrences of the species.
    Although known occupied habitat will not be lost as a result of the 
proposed development, development will result in the fragmentation of 
potential modeled habitat in some canyons, and development will occur 
between some canyons. Althou