Injurious Wildlife Species; Listing Salamanders Due to Risk of Salamander Chytrid Fungus, 1534-1556 [2016-00452]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Rules and Regulations]
[Pages 1534-1556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00452]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 16

RIN 1018-BA77
[Docket No. FWS-HQ-FAC-2015-0005; FXFR13360900000-156-FF09F14000]


Injurious Wildlife Species; Listing Salamanders Due to Risk of 
Salamander Chytrid Fungus

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Interim rule; request for comments; notice of availability of 
economic analysis.

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SUMMARY: The U.S. Fish and Wildlife Service is amending its regulations 
under the Lacey Act to add all species of salamanders from 20 genera, 
of which there are 201 species, to the list of injurious amphibians. 
With this interim rule, both importation into the United States and 
interstate transportation between States, the District of Columbia, the 
Commonwealth of Puerto Rico, or any territory or possession of the 
United States of any live or dead specimen, including parts, of these 
20 genera of salamanders are prohibited, except by permit for 
zoological, educational, medical, or scientific purposes (in accordance 
with permit conditions) or by Federal agencies without a permit solely 
for their own use. This action is necessary to protect the interests of 
wildlife and wildlife resources from the introduction, establishment, 
and spread of the chytrid fungus Batrachochytrium salamandrivorans into 
ecosystems of the United States. The fungus affects salamanders, with 
lethal effects on many species, and is not yet known to be found in the 
United States. Because of the devastating effect that we expect the 
fungus will have on native U.S. salamanders if introduced and, 
therefore, the need to act immediately to prevent the disease from 
being introduced into the United States, the Service is publishing this 
interim rule.

DATES: This interim rule is effective as of January 28, 2016. 
Interested persons are invited to submit written comments on this 
interim rule on or before March 14, 2016

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Search for Docket No. FWS-HQ-FAC-2015-0005 and follow the instructions 
for submitting comments.
     Mail, Hand Delivery, or Courier: Public Comments 
Processing, Attn: FWS-HQ-FAC-2015-0005; Division of Policy, 
Performance, and Management Programs; United States Fish and Wildlife 
Service; MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
    We will not accept email or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see Comments on the Content of the 
Interim Rule for more information). All submissions received must 
include ``Docket No. FWS-HQ-FAC-2015-0005'' for this rulemaking. For 
detailed instructions on submitting comments and additional information 
on the rulemaking process, see Comments on the Content of the Interim 
Rule.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov and find Docket No. 
FWS-HQ-FAC-2015-0005.

FOR FURTHER INFORMATION CONTACT: Jason Goldberg or Susan Jewell, 
Injurious Wildlife Listing Coordinators, United States Fish and 
Wildlife Service, Branch of Aquatic Invasive Species; MS: FAC; 5275 
Leesburg Pike; Falls Church, VA 22041-3803 telephone 703-358-1715. If 
you use a telecommunications device for the deaf (TDD), please call the 
Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

    Under the Lacey Act (18 U.S.C. 42, as amended), the Secretary of 
the Interior may list by regulation those wild mammals, wild birds, 
fish, mollusks, crustaceans, amphibians, reptiles, and the offspring or 
eggs of any of the foregoing that are injurious to human beings, to the 
interests of agriculture, horticulture, or forestry, or to the wildlife 
or wildlife resources of the United States.
    We have determined that salamanders that can carry the fungus 
Batrachochytrium salamandrivorans (Bsal) are injurious to wildlife and 
wildlife resources of the United States. This determination was based 
on a review of the literature and an evaluation under the criteria for 
injuriousness by the Service. The salamander species listed by this 
interim rule are those found within a genus for which we have 
confirmation that at least one species in that genus is a carrier of 
Bsal, and there is no countervailing conclusive evidence suggesting 
that some species within the genus are not carriers. We find that, due 
to shared characteristics by species within a genus, other species 
within these genera are also highly likely to be carriers of Bsal. 
Although additional salamander species could be at risk from Bsal 
infection or could serve as a carrier, we are not listing species in 
those genera because they have not yet been tested.
    The U.S. Fish and Wildlife Service (Service, USFWS, or we) is 
amending its regulations under the Lacey Act to add to the list of 
injurious wildlife all species of live and dead specimens from 20 
genera, including body parts, from the amphibian order Caudata, which 
includes animals commonly referred to as salamanders, newts, and other 
names (hereafter, salamanders). The purpose of listing these species as 
injurious wildlife is to prevent the introduction, establishment, and 
spread of the fungus (Bsal) in the wild in the United States. The 
fungus affects only salamanders, has lethal effects on many salamander 
species, and is not yet known to be found in the United States.
    The United States has the greatest diversity of salamanders in the 
world, the salamanders are a vital part of native ecosystems, and 
numerous salamander populations are at risk of endangerment from Bsal. 
Experience with the introduction of Bsal into the Netherlands and 
associated deleterious

[[Page 1535]]

effects to native salamanders, along with laboratory research, confirms 
that Bsal can be introduced and cause substantial and immediate harm in 
the United States.
    A risk assessment conducted by the U.S. Geological Survey concluded 
that the potential for Bsal introduction into the United States is 
high, the United States has suitable conditions for Bsal survival, and 
the consequences of introduction into the United States are expected to 
be severe and occur across a wide range of the United States. The main 
pathway for the global spread of Bsal is the international trade in 
salamanders. The ability and effectiveness of measures to prevent or 
control Bsal is currently low. Trade in wildlife occurs on a global 
scale, and amphibians are one of the most commonly traded animals. 
Therefore, listing the 20 genera will be effective at reducing the 
likelihood that Bsal enters the United States and presents a threat to 
native salamander species.
    Of the 190 native U.S. salamander species, at least 2 species are 
lethally vulnerable to Bsal and at least 1 is tolerant of Bsal 
infection. At least four are resistant to Bsal infection, of which one 
is expected to be a carrier because Bsal was able to invade the skin of 
that species long enough to move or transmit the fungus to other 
salamanders. In addition, researchers have identified a non-native 
species that is lethally vulnerable to Bsal that is found within a 
fifth genus that also includes native species. On this basis, the 
Service finds that at least 67 native species from 5 genera are 
carriers of Bsal.
    Native salamander species that demonstrate limited disease under 
experimental conditions may demonstrate more severe clinical disease 
when infection is combined with additional stressors in the wild. We 
concluded from our analysis that the introduction of Bsal into the 
United States can cause significant, adverse, population-level effects 
in native species. As keystone species, loss of salamanders from Bsal 
infection would have significant impacts on ecosystems, including food 
webs and nutrient cycling.
    All 20 genera of salamanders, plus any new species that may be 
identified in the future within the genera listed by this interim rule, 
are found to be injurious. Even if a salamander found to be injurious 
could not establish a population in the wild, an infected salamander in 
captivity can still transmit Bsal to native populations if that 
salamander escapes or if material touching it is disposed of 
improperly. Bsal is capable of surviving outside of a host and causing 
extensive damage to wildlife and wildlife resources, including 
federally endangered and threatened species. Eradicating Bsal would be 
extremely difficult once introduced and established, the ability to 
rehabilitate disturbed ecosystems is expected to be low, and 
controlling Bsal is not practical. Prophylactic treatments for imports 
of salamanders to manage Bsal are in development but are not yet fully 
tested or feasible.
    We are amending our regulations under an interim rule and are 
foregoing a proposed rule. The interim rule will take effect on the 
date specified above in DATES, with public comment to conclude as set 
forth in DATES. Based on public comments received, the interim rule may 
be revised. If Bsal is introduced into the United States, it is 
expected to have negative effects on many species of native 
salamanders. No conclusive evidence exists that suggests that Bsal is 
found in the United States. Therefore, the opportunity exists to take 
urgent action now to prevent the introduction of Bsal. Listing 20 
genera of salamanders as injurious wildlife is an essential step in 
helping to keep Bsal out of the United States by preventing 
introduction of salamanders that serve as carriers of the fungus and 
are capable of introducing it to the United States. This interim rule 
lists some species that are currently in trade and some that are not; 
the focus is on species that are likely carriers of Bsal and capable of 
transmitting it to the same or other species.
    Consistent with the statutory language and congressional intent, it 
is the Service's longstanding and continued position that the Lacey 
Act, 18 U.S.C. 42, prohibits both the importation into the United 
States and all interstate transportation between States, the District 
of Columbia, the Commonwealth of Puerto Rico, or any territory or 
possession of the United States, including interstate transportation 
between States within the Continental United States, of injurious 
wildlife, regardless of the preliminary injunction decision in U.S. 
Association of Reptile Keepers v. Jewell, No. 13-2007 (D.D.C. May 12, 
2015). The Service's interpretation of 18 U.S.C. 42(a)(1) finds support 
in the plain language of the statute, the Lacey Act's purpose, 
legislative history, and congressional ratification. First, the 
statute's use of the disjunctive ``or'' to separate the listed 
geographic entities indicates that each location has independent 
significance. Second, Congress enacted the Lacey Act in 1900 for the 
purpose of, among other things, regulating the introduction of species 
in localities, not merely large territories, where they have not 
previously existed. See 16 U.S.C. 701. Third, the legislative history 
of Congress's many amendments to the Lacey Act since its enactment in 
1900 shows that Congress intended, from the very beginning, for the 
Service to regulate the interstate shipment of certain injurious 
wildlife. Finally, recent Congresses have made clear that Congress 
interprets 18 U.S.C. 42(a)(1) as prohibiting interstate transport of 
injurious wildlife between the states within the continental United 
States. In amending Sec.  42(a)(1) to add bighead carp and zebra 
mussels as injurious wildlife without making other changes to the 
provision, Congress repeated and ratified the Service's interpretation 
of the statute as prohibiting all interstate transport of injurious 
species.
    The prohibitions on importation and all interstate transportation 
are both necessary to prevent the introduction, establishment, and 
spread of injurious species that threaten human health or the interests 
of agriculture, horticulture, forestry, or the wildlife or wildlife 
resources of the United States. By listing the 20 genera as injurious 
wildlife, both importation and interstate transportation of any live or 
dead specimen, including parts, is prohibited, except by permit (in 
accordance with conditions) for zoological, educational, medical, or 
scientific purposes or by Federal agencies without a permit solely for 
their own use.
    The Service conducted an economic analysis and regulatory 
flexibility analysis as required under the rulemaking process. The 
draft economic analysis considers five alternatives: (1) No action; (2) 
list species that were shown by Martel et al. (2014) and other sources 
to be carriers of Bsal; (3) list all species in genera where there is 
at least one confirmed carrier and all species in the genus are likely 
to be a carrier, and there is no countervailing conclusive evidence 
suggesting that some species within the genus are not carriers; (4) 
list all salamanders; and (5) require a health certificate stating that 
the animal being moved is free of Bsal, in lieu of or in addition to 
listing.
    The annual retail sales loss of listing 201 species, based on the 
20 genera listed, is estimated to be $3.9 million, of which $2.3 
million are losses to small businesses. Impacts per small business may 
be as high as $453,000 for importers and $23,000 for domestic breeders. 
The cost estimate represents the loss of revenue from listing the 
species to companies or individuals involved in the importation, 
interstate movement, or final consumer sales of salamanders that are 
imported and

[[Page 1536]]

moved between States. No significant economic impact on a substantial 
number of small entities is anticipated. The economic loss including 
direct, indirect, and induced effects from loss in revenue to pet 
stores is estimated to be $10.0 million. Benefits from decreases in 
risk from Bsal for ecological, commercial, recreational, and non-use 
values are not quantifiable. The benefits from these additional factors 
are unknown, but are certainly positive.
    From 2004 to 2014, nearly 2.5 million live salamanders of at least 
59 species were imported into the United States. The 228,000 average 
annually imported salamanders are primarily for the pet trade. Fewer 
than 100 total businesses, institutions, and individuals imported 
salamanders over this time period (USFWS OLE 2015) for a retail value 
of $44 million dollars. Salamander imports and the number of businesses 
declined during this period, which may lead to an overestimation of the 
economic losses due to the uncertainty of industry and consumer 
responses over the time period used. The timeframe of the trade 
analysis does not make a difference from a biological perspective of 
risk. Species are being listed regardless of whether they are in trade. 
The alternatives are based on the level of perceived risk, which is 
informed by the current state of scientific knowledge.
    This interim rule is effective as of the date specified above in 
DATES. Interested persons are invited to submit written comments on 
this interim rule on or before the date set forth in DATES.

Background

Purpose of Listing as Injurious

    The purpose of listing the 20 genera of live and dead specimens, 
including parts, from the order Caudata commonly referred to as 
salamanders, newts, and other names (hereafter, salamanders) as 
injurious wildlife is to prevent the accidental or intentional 
introduction of salamanders into the United States that are expected to 
serve as carriers of Batrachochytrium salamandrivorans (hereafter, 
Bsal), a fungus that poses a risk to native species of salamanders. If 
Bsal is introduced into wild populations of native salamanders, we 
expect it to cause significant damage to wildlife and the wildlife 
resources of the United States.

Need for the Interim Rule

    Under the Lacey Act (Act) (18 U.S.C. 42, as amended), the Service, 
through the Secretary of the Interior, may prescribe by regulation any 
wild mammals, wild birds, fish, mollusks, crustaceans, amphibians, 
reptiles, or the offspring or eggs of any of the foregoing found to be 
injurious to human beings, to the interests of agriculture, 
horticulture, forestry, or to wildlife or the wildlife resources of the 
United States. Salamanders are amphibians, and the Service has the 
authority to list them under the Lacey Act when it finds that they are 
injurious to one or more of the statutory interests. We may list 
species before they are introduced into the United States and, 
therefore, are able to harm interests of the United States as defined 
under the Act. We have determined that salamanders that potentially 
carry Bsal are injurious to wildlife and wildlife resources of the 
United States. With this interim rule, we are attempting to prevent the 
introduction and subsequent establishment of the chytrid fungus, Bsal, 
which is a pathogen capable of causing significant harm to native 
salamander species and their ecosystems. As described below under Role 
of Salamanders in the Ecosystem, the benefits that these native 
salamander species provide to ecosystems in ensuring ecosystem health 
and stability, and, in turn, the ecosystem services that benefit 
people, are significant.
    Martel et al. (2014) and Cunningham et al. (2015) (as explained 
further in Chytridcrisis (2015b)) identified some of the salamander 
species that can carry Bsal and are at risk from infection. The 
research tested a limited number of the approximately 681 known species 
of salamanders that exist worldwide and found that not every species 
was negatively affected by the fungus. However, the results clearly 
indicate a severe threat for many species of salamanders that will be 
negatively affected by this pathogen, including 2 of the 7 species 
tested that are also native to the United States and were found to be 
lethally vulnerable to the fungus. Recent research has highlighted 
concerns of emerging infectious disease of fungal origin that can cause 
a significant loss in biodiversity and ecosystem services (Fisher et 
al. 2012); Bsal appears to be the latest.
    The research results about Bsal and concerns about emerging 
infectious disease, especially Spitzen-van der Sluijs et al. (2013), 
Martel et al. (2013), and Martel et al. (2014), have generated a strong 
response from academia, industry groups, and conservation and other 
organizations who have written the Service seeking quick and decisive 
action to ensure Bsal does not have a similar impact on salamander 
populations that Batrachochytrium dendrobatidis (Bd) has had on frogs. 
We also received a petition from the Center for Biological Diversity 
and SAVE THE FROGS! on May 18, 2015, to take action to prevent the 
introduction of Bsal into the United States (Center for Biological 
Diversity and SAVE THE FROGS! 2015). In response to the scientific 
findings, letters to the Service, and the petition the Service 
initiated a review to determine whether salamanders capable of carrying 
Bsal should be listed as injurious. Based on the Service's genus-level 
carrier extrapolation from data obtained from Martel et al. (2014), and 
because Bsal has not been found in the United States (Martel et al. 
2014; Muletz et al. 2014; Bales et al. 2015), the opportunity exists to 
take urgent action to prevent the introduction of Bsal. This action 
will help safeguard U.S. wildlife and natural resources, while 
providing time for monitoring and other measures to be developed that 
may allow safe trade in salamanders to resume later.
    We reviewed Bsal and the salamander species that carry this fungus 
using the Injurious Wildlife Evaluation Criteria, described in more 
detail as part of this interim rule in Factors That Contribute to 
Salamanders Being Considered Injurious, which the Service developed to 
evaluate whether a species qualifies as injurious under the Act. The 
resulting analysis serves as a basis for the Service's regulatory 
decision regarding injurious wildlife species listings. This interim 
rule finds that Bsal is a significant threat to the wildlife and 
wildlife resources of the United States and lists 20 genera of 
salamanders that we have determined to be injurious because they are 
likely carriers of Bsal.
    Rulemaking under the Act is governed by the Administrative 
Procedure Act (APA) (5 U.S.C. 551 et seq.). The process of issuing a 
proposed rule, providing the opportunity for public comment, and 
completing a final rule can take a significant amount of time to 
complete. During this time, the species proposed for listing are still 
allowed to be imported and transported, offering increased 
opportunities for introduction, establishment, and harm. Under section 
553(b)(3)(B) of the APA, however, a proposed rule is not required 
``when the agency for good cause finds (and incorporates the finding 
and a brief statement of reasons therefor in the rules issued) that 
notice and public procedure thereon are impracticable, unnecessary, or 
contrary to the public interest.'' There is good cause to forgo notice 
and public comment on a proposed rule in this instance and instead take 
immediate action in the form of an interim rule to help prevent this 
fungus from being introduced, established, or spread in the United

[[Page 1537]]

States. Providing notice and public comment prior to implementing the 
injurious wildlife prohibitions would be contrary to the public 
interest because of the need to take immediate action due to the 
significant risk from Bsal. For these reasons, we also find good cause 
in accordance with 5 U.S.C. 553(d)(3) to make the interim rule 
effective less than 30 days after the date of publication. Due to the 
significant risk of introduction, establishment, and spread of Bsal in 
the United States, this interim rule will take effect 15 days after 
publication in the Federal Register. Based on prior experience, a 
shorter-than-normal effective date will also help reduce the risk that 
importers will rush to import these species before the listing becomes 
effective. For example, in the case of snakeheads (Channidae), the 
Service documented a nearly three-fold increase in the importation of 
snakeheads after the proposed rule was first announced (67 FR 48855; 
July 26, 2002) and before the final rule took effect, approximately two 
months later (67 FR 62202; October 4, 2002). However, we also recognize 
that an immediate effective date is not practical when live animals may 
be in transit on the day the interim rule takes effect. A delay of 15 
days before the interim rule goes into effect will allow for the 
reasonable completion of imports and transports already in progress and 
give wildlife inspectors and other law enforcement officers time to 
enforce the interim rule.
    Experience with the introduction of Bsal into the Netherlands and 
associated deleterious effects to native salamanders, along with 
laboratory research, confirms that Bsal can be introduced, establish, 
and spread and cause substantial and immediate harm in the United 
States (Spitzen-van der Sluijs et al. 2013; Martel et al. 2014; 
Cunningham et al. 2015; Chytridcrisis 2015b). The United States leads 
all other countries in salamander diversity (Partners in Amphibian and 
Reptile Conservation, Stein and Kutner 2000). Based on scientific 
evidence, we know that the fungus is lethal to at least 2 salamander 
species native to the United States. Of the 190 native U.S. species, we 
find that at least 67 species are carriers and 20 are not carriers. The 
remaining 103 species have not been evaluated, and many of these 
species may also be affected by this potentially deadly fungus. While 
the Service's greatest concern will be for species that are lethally 
vulnerable to Bsal, salamander species known to be tolerant of or 
susceptible to Bsal infection under experimental conditions may also 
develop clinical disease or increased severity of disease, 
respectively, when infection is combined with additional stressors in 
the wild, as has been found for other diseases, including those in 
amphibians (Wobeser 2007; Kerby et al. 2011; Kiesecker 2011).
    In the United States, Bsal has either not been introduced, has been 
introduced but has failed to establish, or is present but has not been 
positively detected. Although we do not have any conclusive evidence 
showing that introductions have occurred, history from other pathogens 
similar to Bsal, such as Bd, however, suggests that the fungus is 
likely to spread quickly throughout the United States if it is not 
prevented from being introduced. Moreover, efforts to control or 
eradicate introduced or established invasive species and manage the 
costs they incur to society are generally less effective and more 
expensive and difficult than efforts that prevent establishment (Leung 
et al. 2002; Finnoff et al. 2007). Prevention of invasive species is 
typically the most cost-effective measure to avoid the damage that such 
species cause (Leung et al. 2002; Lodge et al. 2006; Keller and 
Springborn 2014). As noted in the National Invasive Species Management 
Plan, ``prevention is the first line of defense'' and ``can be the most 
cost effective approach because once a species becomes widespread, 
controlling it may require significant and sustained expenditures'' 
(National Invasive Species Council 2008).
    If Bsal has unknowingly been introduced but failed to establish for 
unknown reasons, it is still important to take action now because 
additional introductions increase the likelihood of establishment and 
harm. As more salamanders that can carry Bsal are imported into the 
United States, the probability increases that one or more of those 
salamanders, through a phenomenon called propagule pressure or 
``introduction effort,'' described in Lockwood et al. (2005) as a 
measure of the number of nonnative individuals released into a region, 
will give Bsal the opportunity to establish and spread.
    Listing the salamanders as injurious will help keep Bsal out of the 
United States by preventing the importation of salamanders capable of 
carrying the fungus and serving as the vector of introduction into U.S. 
ecosystems, thereby causing injurious effects consistent with the Act. 
Given the expected consequences that Bsal's introduction would have to 
wildlife and wildlife resources of the United States, we are listing 
species that we have determined to be injurious. This interim rule 
lists some species that are currently in trade as well as some that are 
not. We have the authority under the Act to list certain species as 
injurious even if they are not currently in trade or known to exist in 
the United States.
    The salamander species listed by this interim rule are those found 
within genera for which we have evidence that at least one species in 
that genus is a carrier of Bsal with no countervailing conclusive 
evidence that other species in that genus are not carriers. We describe 
our rationale for this course of action below under Classification and 
Status as Carriers. Our decision-making included the following 
considerations: All 20 genera of salamanders, plus any new species 
identified within the genera listed by this interim rule, are found to 
be injurious because suitable climate exists in parts of the United 
States to support Bsal; even if a salamander listed by this interim 
rule could not establish a population in the wild, an infected 
salamander in captivity (or the water and soil in which it came into 
contact) can transmit Bsal to native populations; Bsal is capable of 
causing extensive damage to wildlife and wildlife resources, including 
federally endangered and threatened species; eradicating Bsal would be 
extremely difficult once introduced and established; and controlling 
Bsal is not practical.
    Although this interim rule takes effect on the date specified above 
in DATES, it will still provide the public with a period of time to 
comment on the listing and associated documents. The final rule will 
contain responses to comments received on the interim rule, state the 
final decision, and provide the justification for that decision.

Listing Species That Carry Pathogens

    Pathogens are agents such as viruses, bacteria, and fungi that 
cause diseases in animals and plants. The Service does not have the 
direct authority under the Act to list pathogens as injurious. We also 
cannot list or regulate fomites (materials such as water that can 
transmit pathogens). However, wild mammals, wild birds, fish, mollusks, 
crustaceans, amphibians, or reptiles that are hosts to pathogens, such 
as viruses, bacteria, or fungi that cause disease, can be injurious if 
the likelihood, scope, and severity of effects significantly affect one 
or more of the interests listed in the Act. Even if the host species 
cannot establish populations in the wild, it can present significant 
risk if the pathogen the host is carrying can infect wildlife or 
wildlife resources or affect human beings or the interests of 
agriculture, horticulture, or forestry in the United States. Among 
other impacts, diseases

[[Page 1538]]

caused by introduced pathogens reduce biodiversity (the variety of 
different types of life on earth) and have been implicated in the local 
extinction of many animal taxa (Daszak et al. 2000).
    We have previously listed species under the Act that serve as hosts 
to pathogens, as in the case of fish in the salmon family Salmonidae 
(32 FR 20655; December 21, 1967, 33 FR 6827; May 4, 1968, and 58 FR 
58976; November 5, 1993). Members of the family Salmonidae (salmon, 
trout, and char) are not injurious provided they are free from certain 
pathogens. However, salmon that are alive or are dead and uneviscerated 
(internal organs have not been removed) without a health certificate 
declaring that the fish are pathogen free are injurious to wildlife and 
wildlife resources due to the risk of transmitting pathogens that cause 
devastating diseases in fish. Although prophylactic treatments for 
imports of salamanders to manage Bsal are in development, they are not 
yet fully tested or feasible.

Listing and Evaluation Process

    The regulations contained in part 16 of title 50 of the Code of 
Federal Regulations (CFR) implement the Lacey Act and include the lists 
of all species determined by the Service or by Congress to be 
injurious. Under the terms of the Act, the Secretary of the Interior 
may prescribe by regulation those wild mammals, wild birds, fish, 
mollusks, crustaceans, amphibians, reptiles, and the offspring or eggs 
of any of the foregoing that are injurious to humans, to the interests 
of agriculture, horticulture, or forestry, or to the wildlife or 
wildlife resources of the United States. The lists of injurious 
wildlife species are found at 50 CFR 16.11-16.15. Under these 
regulations, species are added to the lists of injurious wildlife to 
protect statutorily defined interests from potential and known negative 
effects. Most species listed have the capacity to establish populations 
in the wild, spread, and cause harm. However, a species can be listed 
based solely on its capacity to cause harm. As noted in the previous 
section, dead, uneviscerated salmonids without a health certificate are 
not capable of establishing in the United States, but they are 
injurious because the pathogens they may carry are harmful.
    Under the Act, the Service can list species that are nonnative or 
indigenous to the United States. In the case of an indigenous species, 
for example, the Service may find that it is injurious because its 
transport and release into another State outside the species' range 
will cause harm to human beings, agricultural or forestry interests, or 
natural systems. Furthermore, a species does not have to be currently 
imported or present in the wild in the United States for the Service to 
list it as injurious. For species not yet imported into the United 
States, the objective of listing is to prevent that species' 
importation and likely introduction and possible establishment and 
spread in the wild, thereby preventing injurious effects consistent 
with the purposes of the Act. For species that are present in the 
United States, the Act prevents the further introduction, 
establishment, or spread of the species by prohibiting interstate 
transport.
    Importation into the United States of an injurious species is 
prohibited. Transportation between the States, the District of 
Columbia, the Commonwealth of Puerto Rico, or any territory or 
possession of the United States of an injurious species is also 
prohibited. These prohibited activities may be undertaken by permit for 
zoological, educational, medical, or scientific purposes (in accordance 
with permit regulations at 50 CFR 16.22), or by Federal agencies 
without a permit solely for their own use, upon filing a written 
declaration with the District Director of Customs and the U.S. Fish and 
Wildlife Service inspector at the port of entry. The Act does not 
regulate intrastate transport (transport within a State or territory) 
or possession of injurious species. Any regulations pertaining to the 
transport or use of these species within a particular State or U.S. 
territory are the responsibility of that State or territory.
    The Service uses criteria, identified below, to evaluate whether a 
species does or does not qualify as injurious under the Act. The 
analysis that is developed using these criteria serves as a general 
basis for the Service's regulatory decision regarding injurious 
wildlife species listings. Biologists and risk managers within the 
Service who are knowledgeable about a species that is being evaluated 
assess both the factors that contribute to and the factors that reduce 
the likelihood of injuriousness.
    (1) Factors that contribute to being considered injurious:
     The likelihood of release or escape;
     Potential to survive, become established, and spread;
     Impacts on wildlife resources or ecosystems through 
hybridization and competition for food and habitats, habitat 
degradation and destruction, predation, and pathogen transfer;
     Impacts to threatened and endangered species and their 
habitats;
     Impacts to human beings, forestry, horticulture, and 
agriculture; and
     Wildlife or habitat damages that may occur from control 
measures.
    (2) Factors that reduce the likelihood of the species being 
considered as injurious:
     Ability to prevent escape and establishment;
     Potential to eradicate or manage established populations 
(for example, making organisms sterile);
     Ability to rehabilitate disturbed ecosystems;
     Ability to prevent or control the spread of pathogens or 
parasites; and
     Any potential ecological benefits to introduction.
    In the case of this interim rule, the issue is not whether a given 
salamander species is invasive, but rather the role of salamanders in 
introducing the Bsal fungus into the United States and the scope and 
severity of effects caused by salamanders that are carriers of Bsal on 
human beings or the interests of agriculture, horticulture, or 
forestry, or the wildlife or wildlife resources of the United States.

Comments on the Content of the Interim Rule

    We are soliciting public comments and supporting data on the draft 
economic analysis, the draft regulatory flexibility analysis, and this 
interim rule to add all species from 20 genera of salamanders to the 
list of injurious amphibians under the Act. We will review the public 
comments for the preparation of our final rule. The draft economic 
analysis and regulatory flexibility analysis and this interim rule will 
be available on https://www.regulations.gov under Docket No. FWS-HQ-FAC-
2015-0005. You may submit your comments and materials concerning this 
interim rule by one of the methods listed in ADDRESSES. We will not 
accept comments sent by email or fax or to an address not listed in 
ADDRESSES.
    We will post your entire comment--including your personal 
identifying information--on https://www.regulations.gov. If your written 
comments provide personal identifying information, you may request at 
the top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this interim rule, will be available 
for public inspection on https://www.regulations.gov under Docket No. 
FWS-HQ-FAC-2015-0005, or by appointment, during normal

[[Page 1539]]

business hours at the Service's office in Falls Church, VA (see FOR 
FURTHER INFORMATION CONTACT).
    We are soliciting public comments and supporting data to gain 
additional information, and we specifically seek comment on the 
following questions:
    (1) How many of the species listed by this rule are currently in 
production for wholesale or retail sale, and in how many and which 
States?
    (2) How many businesses sell one or more of the species listed by 
this rule?
    (3) How many businesses breed one or more of the species?
    (4) What species listed as threatened or endangered by one or more 
States would be affected by the introduction of Bsal?
    (5) What provisions in the interim rule should the Service have 
considered with regard to: (a) The impact of the provision(s) 
(including any benefits and costs), if any, and (b) what alternatives, 
if any, the Service should consider, as well as the costs and benefits 
of those alternatives, paying specific attention to the effect of the 
rule on small entities?
    (6) How could the interim rule be modified to reduce costs or 
burdens for some or all entities, including small entities, consistent 
with the Service's requirements? For example, we seek comment on the 
distinct benefits and costs, both quantitative and qualitative, of (a) 
the prohibitions on importation and (b) the prohibitions on interstate 
transport of the species listed by this rule. What are the costs and 
benefits of the modifications?
    (7) Is there any evidence suggesting that Bsal has been introduced 
into the United States or may have already established?
    (8) Are there other pathways for Bsal into the United States that 
we should address? If so, what are they?
    (9) Is there evidence suggesting that any of the species listed by 
this rule are not carriers of Bsal? If so, what species?
    (10) Is there any evidence suggesting that additional species are 
carriers of Bsal and should be listed by this rule? If so, what 
species?
    (11) Are there methods (such as thermal exposure) that would allow 
salamanders imported into the United States to be reliably treated to 
help ensure Bsal is not introduced into the United States, and how 
could compliance be monitored?
    (12) Should the Service add eggs or other reproductive material of 
listed salamanders to the list of injurious wildlife because they may 
also carry Bsal?
    (13) For the species we are listing, are the scientific and common 
names the most appropriate ones accepted by the scientific community?
    (14) What are relevant Federal, State, or local rules that may 
duplicate, overlap, or conflict with the interim rule?
    We will also submit the rule for peer review concurrent with public 
comments. In conducting peer review, we will follow guidance from the 
Office of Management and Budget ``Final Information Quality Bulletin 
for Peer Review'' (OMB 2004) and the Service's own guidance.

Species Information for Salamanders

Salamander Nomenclature and Taxonomy

    Salamander nomenclature and taxonomy remained relatively unchanged 
from the 1960s until the 1990s, when advances in DNA sequencing enabled 
researchers to examine species relationships more closely (Petranka 
1998). The Service does not have a uniform policy for taxonomically 
identifying amphibians. In this interim rule, we use taxonomic 
nomenclature as described by AmphibiaWeb (https://amphibiaweb.org) and 
the Integrated Taxonomic Information System (ITIS) (https://www.itis.gov). The system used by AmphibiaWeb represents one of the 
most widely accepted salamander taxonomic systems in the scientific 
community because it relies on criteria including, but not limited to, 
monophyly (common descent from a single ancestor), stability, expertise 
of scientists, and general acceptance by the amphibian community 
(Amphibiaweb 2015b). As a Federal resource for taxonomic information, 
the Service also uses ITIS as an agency resource (ITIS 2015).
    The two databases have some differences. For example, AmphibiaWeb 
contains some species that are not in ITIS. We addressed all species 
found in either ITIS or AmphibiaWeb for a given genus to avoid 
confusion over which species we intended to list by this interim rule. 
We have also used additional resources where necessary to clarify 
taxonomy, specifically:
     The Kurdistan newt (Neurergus microspilotus) is in ITIS 
but is not in AmphibiaWeb. According to the American Museum of Natural 
History (AMNH 2015a), it is likely the same species as N. derjugini; 
consequently, we have included both scientific names in 50 CFR 16.14.
     Martel et al. (2014) identified the great crested newt 
(Triturus cristatus) as being lethally vulnerable to Bsal. Another 
species in the genus, T. vittatus (no common name), appears in the U.S. 
Fish and Wildlife Service's Office of Law Enforcement's (USFWS OLE) Law 
Enforcement Management Information System (LEMIS) data (USFWS OLE 
2015). LEMIS is an electronic database utilized by all Service law 
enforcement offices, including Service Conservation Officers, Wildlife 
Inspectors, Refuge Officers, and Special Agents. LEMIS serves as the 
portal in which all Service wildlife violations are documented and 
intelligence is gathered and shared between law enforcement offices 
across the country. LEMIS also serves as the conduit for all declared 
(lawful) imports and exports of wildlife and wildlife products and the 
database of all wildlife trade data in the United States, both legal 
and illegal. T. vittatus does not appear in ITIS or AmphibiaWeb but is 
listed in AMNH (2015b). Because it appears in LEMIS data, we are 
including it in 50 CFR 16.14 as a species under the same genus, even 
though that species does not appear in either ITIS or AmphibiaWeb.
     LEMIS also includes the species Triturus hongkongensis (no 
common name), even though it is not a valid scientific name in ITIS or 
AmphibiaWeb. The name may be confused with Paramesotriton hongkongensis 
(no common name) due to its similarity.
     As a result, even though sources such as AmphibiaWeb state 
that there are approximately 679 species of salamanders (AmphibiaWeb 
2015c), for purposes of this interim rule, we have identified 
approximately 681 species.
     Hynobius fuca and H. fucus appear to be the same species 
(Taiwan lesser salamander) (AMNH 2015c); we have included both of these 
names in 50 CFR 16.14.
     Speleomantes strinatii is a synonym for Hydromantes 
strinatii (Nanjappa, pers. comm.; Caudata Culture 2015b), of which the 
French cave salamander or Strinati's cave salamander are common names; 
we have included all of these names in 50 CFR 16.14.
    In this interim rule, when we refer to salamanders, we include a 
variety of animals from the order Caudata, including those commonly 
referred to as salamanders and newts. Other common names, such as 
mudpuppy, also exist for certain animals in Caudata.

Salamander Biology

    Salamanders belong to the class Amphibia, a group of cold-blooded 
animals with a spinal column. The word ``amphibian'' is derived from 
the fact that most of the species spend part of their lives in water 
and part on land. The class Amphibia also includes frogs

[[Page 1540]]

and toads, which have legs but no tails as adults, and caecilians, 
which have tails but no legs. Morphologically, salamanders are 
characterized by their relatively large, vertically flattened tails, 
two front and two hind legs that are approximately the same size 
(Petranka 1998), and skin with glands that can be either rough or 
smooth (Stebbins and Cohen 1997). Salamanders range in length from 
around 4 centimeters (1.5 inches) to over 1.5 meters (5 feet) (Stebbins 
and Cohen 1997).
    Salamanders can live for long periods, but documented lifespans 
vary. Larger salamanders tend to live longer than smaller ones, and 
with proper care, salamanders in captivity frequently live longer than 
those in the wild (Duellman and Trueb 1986). Records for captive 
animals range from 5 years for most plethodontids to 55 years for the 
Japanese giant salamander (Andrias japonicus) (Duellman and Trueb 
1986). The Olm or blind cave salamander (Proteus anguinus), which lives 
in caves in southern Europe, has been documented living for at least 48 
years in the wild, with an estimated lifespan of more than 100 years 
(Live Science 2015).
    Salamanders are carnivorous and eat a wide variety of prey, 
depending on habitat and the stage of their life cycle. Terrestrial 
salamanders eat earthworms, insect eggs, and other small invertebrates, 
while aquatic salamanders eat all of these in addition to small fish, 
aquatic insects, and other amphibians. Some salamander larvae can also 
be omnivorous and eat both plants and animals.
    Many salamanders have unique structural features, including costal 
grooves (grooves on the sides of the body that increase skin surface 
area for water absorption and transport) and nasolabial grooves 
(vertical slits between the nostril and upper lip used for sensing 
chemical stimuli in the environment), that can be used to differentiate 
between salamander species (Petranka 1998). Important features for 
identifying salamanders include head shape and size, fin shape and 
color, gill morphology, color patterns, number of toes, size, body 
shape, tooth patterns, and number of costal grooves. Some species 
appear similar. For example, similarity of appearance within the family 
Salamandridae can make it difficult to differentiate between species, 
requiring close inspection of small physical characteristics.
    Salamanders occupy a wide range of habitats, including streams, 
trees, land (including forests, grasslands, and rocky slopes), 
underground, and caves (Amphibiaweb 2015a). Salamanders are cryptic 
(difficult to find) partly because they occupy moist, cool places, such 
as underneath logs and between rock crevices on land or under rocks and 
logs in the water.
    Salamander courtship between males and females is regulated by 
chemicals that are released from specialized glands in the skin. Most 
salamanders reproduce by laying eggs in water with two exceptions: 
members of family Plethodontidae lay their eggs on land, and the 
European species known as the alpine salamander (Salamandra atra) gives 
birth to live young (Stebbins and Cohen 1997). Eggs are surrounded by a 
protective jelly or membrane that keeps them from drying out. Almost 
all species of salamanders breed during specific seasons, and the 
length of time between mating and egg-laying varies considerably 
between species (Petranka 1998). Species that lay aquatic eggs place 
them in either streams or ponds, and species that lay their eggs on 
land choose hidden places, such as underground burrows, decaying logs, 
and moist rock crevices (Petranka 1998).
    One example of a species that spends most of its life on land, but 
that moves to aquatic areas to breed, is the California tiger 
salamander (Ambystoma californiense). During winter rains, this species 
migrates across land to aquatic pools, such as cattle tanks and 
ephemeral pools, for breeding purposes. At the breeding pools, 
individuals come in contact with each other, even though they may not 
come in contact with each other during most of the rest of their lives 
on land (Barry and Shaffer 1994).

Habitat Conditions and Native Range of U.S. Salamanders

    With more native salamander species than any other country in the 
world, the United States is a salamander diversity hotspot (Partners in 
Amphibian and Reptile Conservation 2015; Stein and Kutner 2015). 
Salamanders are widespread in the United States. (Caudata Culture 
2015a; U.S. National Park Service 2015). Areas of particularly high 
salamander diversity include the southeastern United States, with large 
numbers of plethodontid salamanders in the southern Appalachian 
Mountains (Richgels et al. in review).
    Salamanders in the United States occupy a wide range of habitats, 
including streams, trees, land (including forests, grasslands, and 
rocky slopes), underground, and caves (Amphibiaweb 2015a). These 
locations are most conducive to the relatively cool, moist conditions 
under which both salamanders and Bsal thrive (Duellman and Trueb 1986; 
Piotrowski et al. 2004; Blooi et al. 2015a). Central and North American 
salamanders as a group are active at average temperatures of 11 [deg]C 
(52 [deg]F) to 20 [deg]C (68 [deg]F) (Duellman and Trueb 1986), fully 
encompassing the optimum temperature for Bsal growth as described below 
under Climate Tolerance. Most salamanders require some amount of 
constant moisture, either for respiration, as in the lungless family 
Plethodontidae, or for temperature regulation (Duellman and Trueb 
1986).
    Twenty species, subspecies, or populations of U.S. salamanders from 
six genera are currently listed as endangered or threatened under the 
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) 
(ESA). An additional three species (three genera) are candidates for 
listing (U.S. Fish and Wildlife Service 2015). The specific 
vulnerability and carrier status of these species to Bsal is described 
below in Vulnerability and Carrier Status of Threatened and Endangered 
Species.
    Of the 190 salamander species native to the United States, we find 
that at least 67 species in 5 genera and in 3 families are capable of 
being carriers of Bsal: Salamandridae, Sirenidae, and Plethodontidae. 
In North America, species in the family Salamandridae occur on the west 
coast of the United States and Canada from southern California to 
southeastern Alaska, and much of the eastern half of the United States 
and extreme southeastern Canada (Amphibiaweb 2015a; Caudata Culture 
2015a). Members of the family Sirendidae occur throughout the 
southeastern Atlantic and Gulf of Mexico coastal plains and the 
Mississippi River Valley (Leja 2005) (lesser siren (Siren intermedia)) 
and in the Atlantic coastal plains from south Florida to Virginia 
(greater siren (Siren lacertina)) (Hendricks 2005). The distribution of 
salamanders of the family Plethodontidae in the western hemisphere is 
from southern Canada to Bolivia and Brazil, except for members of the 
genus Hydromantes, which occur in California (Amphibiaweb 2015a, 
Caudata Culture 2015a).

Role of Salamanders in the Ecosystem

    Salamanders play important roles in ecosystem function and as 
indicators of ecosystem health and stability (Davic and Welsh 2004). 
For example, salamanders of family Plethodontidae have life-history 
characteristics that make them exceptional indicators of forest health 
(Welsh and Droege 2001).
    In forests, salamanders are also among the most abundant 
vertebrates. Despite the relatively small size of most

[[Page 1541]]

salamanders compared to most other native vertebrates, this sheer 
abundance contributes to a significant amount of biomass in the 
ecosystem, and, therefore, salamanders make significant contributions 
to nutrient cycling and transport (Burton and Likens 1975). For 
example, Ambystomatid salamanders can make significant contributions to 
energy and nutrient transport in forest ecosystems (Regester et al. 
2006) and in pond ecosystems (Holomuzki et al. 1994). By consuming 
arthropods (insects and related invertebrates) that would otherwise 
release carbon dioxide into the atmosphere by decomposing leaf litter 
in forests, salamanders reduce carbon emissions from leaf litter 
decomposition, which has implications for the global carbon cycle 
(Wyman 1998; Best and Welsh 2014). Salamanders that live underground 
also contribute to soil dynamics by creating, modifying, and otherwise 
regulating the systems of underground burrows in which they live (Davic 
and Welsh 2004).
    In vernal pond communities, Ambystoma species are the top predators 
and, therefore, control the abundance of aquatic invertebrates and 
other amphibians (Petranka 1998). The high numbers of many amphibians, 
including salamanders, in some ecosystems also provide a substantial 
source of prey for other vertebrates in the ecosystem (Harper et al. 
2008; Davic and Welsh 2004); therefore, other native species that prey 
on salamanders can also be affected by disease-related declines.

Species Information for Bsal

General Description of Chytrid Fungus

    In drawing some of our conclusions about the effects of Bsal on 
U.S. wildlife and wildlife resources, the Service has used Bd as a 
surrogate. Considerably more is known about Bd than Bsal due to its 
discovery and description more than 15 years ago (Berger et al. 1998, 
Longcore et al. 1999), while Bsal was discovered 2 years ago (Martel et 
al. 2013). The severe effects that Bd, a species closely related to 
Bsal, has had on amphibian populations, has raised additional alarm 
about the expected consequences of a Bsal introduction and the need to 
take immediate action under an interim rule. The two risk assessments 
of Bsal that have been conducted both used Bd in determining the risk 
of Bsal based on transmission, spread, and population-level effects 
(Richgels et al. in review; Stephen et al. 2015).
    Until Bsal was discovered, the fungal disease chytridiomycosis was 
thought to be caused by a single species of pathogenic fungus, Bd, 
which was the only chytridiomycete taxon known to parasitize vertebrate 
hosts (Longcore 1999; Johnson and Speare 2003). Bd has been implicated 
in the decline and extinction of amphibian species at the global scale 
(Berger et al. 1998; Daszak et al. 2003; Lips et al. 2006; Walker et 
al. 2008; Vredenburg et al. 2010; Cheng et al. 2011). Bd has been found 
on every continent except Antarctica, and it is known to have affected 
more than 500 species of amphibians, including all orders of amphibians 
(frogs, salamanders, and caecilians) worldwide (Chytridcrisis 2015a; 
Fisher et al. 2009; Olson et al. 2013).
    Bsal came to the attention of the scientific community only 
recently. Spitzen-van der Sluijs et al. (2013) observed a 96 percent 
decline in fire salamanders (Salamandra salamandra) in the Netherlands 
but was ``unable to attribute this to any known cause of amphibian 
decline, such as chytridiomycosis [at the time, thought only to be 
caused by Bd], ranavirus or habitat degradation.'' Martel et al. (2013) 
later identified the cause of the salamander decline in the Netherlands 
as a newly described species of fungus now known as Bsal. Their work 
confirmed that Bsal is related to Bd and is also capable of causing 
chytridiomycosis. Analysis of a broad range of representative chytrid 
fungi show that Bsal represents a previously undescribed species that 
shares early evolutionary origins with the pathogenic fungus Bd (Martel 
et al. 2013). Until Bsal was discovered, Bd was the only species from 
that phylum known to infect vertebrates.
    While Bd has been found in North America, Bsal has not yet been 
found in North America, and the two fungi do not have the same effects 
on the same animals. As the authors noted, ``Chytridiomycosis has 
resulted in the serious decline and extinction of [more than] 200 
species of amphibians worldwide and poses the greatest threat to 
biodiversity of any known disease * * *. We [have discovered] a second 
* * * chytrid pathogen, [Bsal], that causes lethal skin infections in 
salamanders * * *. Our finding provides another explanation for the 
phenomenon of amphibian biodiversity loss that is emblematic of the 
current global biodiversity crisis.'' The natural host ranges of Bsal 
remain unknown, but so far it has been found only in salamanders and 
appears capable of causing lethal chytridiomycosis only in salamanders 
(Martel et al. 2014).

How the Fungus Affects Salamanders

    The ``salamandrivorans'' in Batrachochytrium salamandrivorans 
translates to ``salamandereating'' and accurately describes the effects 
of the fungus on salamanders. Bsal infects the skin of amphibians but 
not deeper tissues or internal organs (Berger 2004; Martel et al. 
2013). The cells of the fungus (thalli) embed themselves in the skin 
cells of the salamander, thereby causing erosive lesions.
    Lesions consist of sores on the skin that erode and ulcerate, with 
secondary bacterial infection occurring after the sores appear (Martel 
et al. 2013), although many of the salamanders reported at the 
beginning of the European Bsal outbreak seemed to lack obvious external 
lesions (Spitzen-van der Sluijs et al. 2013). Experimental infections 
of fire salamanders in the laboratory caused death 12 to 18 days after 
exposure, with the same clinical signs and pathological lesions found 
in the European outbreak (Martel et al. 2013). Martel et al. (2013) 
found that infected fire salamanders developed shallow skin lesions and 
deep ulcerations all over the body, and became anorexic, apathetic, and 
suffered from neurological signs including a loss of voluntary movement 
and muscle coordination. Death occurred within 7 days of clinical signs 
first appearing in species with lethal vulnerability.
    Bsal does not appear to affect reproductive tissue, such as eggs or 
gametes. Using Bd for comparison, Bd requires keratin, a structural 
component of organisms found in amphibian skin, which is not found in 
salamander eggs or gametes (Berger 1998).

Climate Tolerance

    Temperature has a significant impact on the growth and disease 
development of Bsal in salamanders (Martel et al. 2014). Bsal appears 
to prefer a temperature range for growth and infection of 10-15 [deg]C 
(50-59 [deg]F) (Blooi et al. 2015a; Stephen et al. 2015, Martel et al. 
2013). Bsal has shown some growth in temperatures as low as 5 [deg]C 
(41 [deg]F) and dies at 25 [deg]C (77 [deg]F) and above (Martel et al. 
2013). In a laboratory study, salamanders were most easily infected by 
Bsal at temperatures of 15 [deg]C (59 [deg]F) and 20 [deg]C (68 
[deg]F), while Bsal growth was inhibited at 25 [deg]C (77 [deg]F) 
(Blooi et al. 2015a). The same temperature response was also observed 
for Bsal raised in culture (Blooi et al. 2015a).
    This experimental data suggests that salamanders living at lower 
temperatures are more at risk to

[[Page 1542]]

infection by Bsal. Animals that survive at temperatures above the 
optimal range for fungal growth are likely to be at reduced risk to 
infection. However, the average temperature ranges of North and Central 
American salamander species is from 11 [deg]C (52 [deg]F) to 20 [deg]C 
(68 [deg]F) (Duellman and Trueb 1986; the citation does not separate 
North and Central American data), so salamanders regularly reaching 25 
[deg]C (77 [deg]F) in the natural environment is uncommon. Bales et al. 
(2015) noted that the native salamander species, and by extension 
ecosystems, most at risk from a Bsal introduction would likely be those 
that occupy similar thermal ranges as the European fire salamander 
(Bales et al. 2015).

Ecology and Habitat Preferences

    The chytrid fungus Bd can live outside of a host and requires water 
to disperse because it reproduces asexually by forming motile 
zoospores; preliminary studies of Bsal indicate that similar modes of 
survival and transmission are highly likely (Longcore 1999; Martel et 
al. 2013). As the threat assessment by Stephen et al. 2015) noted, ``Bd 
is known to remain viable for several days to weeks in water (Johnson 
and Speare 2013) and moist organic matter (Johnson and Speare 2003), 
even in the absence of nutrients. It is likely that Bsal can also 
survive in moist environments, independent of an amphibian host.''

Environmental Conditions Needed To Survive

    The transmission and ecology of Bsal in the wild is likely to be 
similar to Bd based on the close taxonomic relationship between the 
species, their structural similarities, and their comparable 
pathophysiology (Martel et al. 2013, Stephen et al. (2015). Johnson and 
Speare (2003) reported that Bd can survive in tap water and deionized 
water for up to 3 and 4 weeks, respectively, and up to 7 weeks in lake 
water. Bsal is also likely to survive in moist environments independent 
of an amphibian host. While we do not have information on the response 
of Bsal to desiccation, Bd is highly impacted by drying and can survive 
desiccation for no more than 1 hour in the laboratory (Garmyn et al. 
2012); Bsal would likely respond in a similar way. Bsal appears to be 
adapted to temperatures and humidity conditions most conducive to 
salamander survival, thus supporting the hypothesis that the pathogen 
co-evolved with salamanders in the part of the world from which it is 
endemic, most likely in Asia (Martel et al. 2014).

Population- and Ecosystem-Level Effects of Bsal

Population-Level Effects

    Several pathogens, including Bsal, Bd, ranaviruses, and Saprolegnia 
sp. (water molds), have caused significant population-level declines in 
a range of amphibian species, and disease is thought to be a major 
driver of global amphibian decline (Bosch et al. 2001; Martel et al. 
2013; Daszak et al. 2003). Disease poses a greater risk to small, 
isolated populations as well as those with decreased genetic diversity 
(Smith et al. 2008). Within the United States, diseases have been cited 
as contributing factors in the listing or recovery of several native 
amphibian species under the ESA. Examples include Bd in the Ozark 
hellbender (Cryptobranchus alleganiensis bishopi) (76 FR 61956, October 
6, 2011), an undiagnosed disease in Sonora tiger salamanders (Ambystoma 
tigrinum stebbinsi) (62 FR 665, January 6, 1997), and Bd in the 
mountain yellow-legged frog (Rana muscosa) (82 FR 24256, April 29, 
2014; Vredenburg et al. 2010).
    As noted above in General Description of Fungus, Bsal is the most 
recently discovered pathogen associated with population-level amphibian 
declines, including a 96 percent reduction in Dutch populations of the 
European fire salamander between 2010-2013 (Spitzen-van der Sluijs et 
al. 2013; Martel et al. 2013). Due to the overall sensitivity of 
amphibian populations to disease; a history of adverse, population-
level effects in native amphibians; a direct association between Bsal 
and the decline of at least one European salamander population; and the 
adverse effects of some native salamanders to Bsal under experimental 
conditions, we conclude that the introduction of Bsal into the United 
States would cause significant, adverse, population-level effects in a 
number of native species.

Ecosystem-Level Effects

    The preferred temperature range of Bsal can help predict those 
ecosystems that are at greatest risk should Bsal be introduced into the 
United States (Stephen et al. 2015). The native salamander species, and 
by extension ecosystems, most at risk from a Bsal introduction would 
likely be those that occupy similar thermal ranges as the European fire 
salamander (Bales et al. 2015).
    Salamanders are important parts of the ecosystems in which they 
occur. Salamanders are often the most abundant vertebrates in 
terrestrial forest and riparian (the banks of watercourses) ecosystems, 
where they may compose a total biomass greater than or equal to birds 
or small mammals (Davic and Welsh 2004). This means that, despite their 
small size, the total weight of all salamanders in a given area may be 
more than the combined total weight of all birds or all small mammals. 
Because of their abundance under normal circumstances, salamanders are 
important prey species themselves and are energy sources for higher 
predators (Davic and Welsh 2004), including fish, reptiles, birds, and 
mammals.
    Salamanders may be the dominant predator in headwater streams and 
ephemeral waterbodies where fish are absent (Davic and Welsh 2004). 
Within some food webs, salamanders are considered keystone predators 
due to their control of invertebrate prey populations and their 
resulting regulation of detritus decomposition and nutrient cycling 
(Davic and Welsh 2004). By definition, keystone species are those that 
occupy niches that affect ecosystems and have little functional overlap 
with other species (Davic and Welsh 2004). Therefore, loss of these 
keystone species would result in significant ecosystem-level change.
    In addition to their roles in food webs and nutrient cycling, 
salamanders participate in a number of interspecific (between species) 
ecological relationships. Salamander species interact with one another 
through competition and predation to control the composition of their 
assemblages (taxonomically related species that occur within the same 
geographic community) (Davic and Welsh 2004; Fauth et al. 1996). 
Frequently, a single species is dominant within a given assemblage, 
particularly in terrestrial habitats, but which species dominates 
varies by location and ecosystem (Davic and Welsh 2004). We find that 
ecosystems where the dominant salamander species is vulnerable to 
lethal or susceptible infections with Bsal would be at risk from an 
introduction of this pathogen.
    Salamanders also interact with invertebrate species in other 
ecologically important ways. Semi-aquatic salamander species can move 
mollusks and shrimp eggs between waterbodies during their migrations, 
allowing these invertebrates to inhabit new areas (Davic and Welsh 
2004). Additionally, one species of salamander, the mudpuppy (Necturus 
maculosus), is a required host for developing stages of the salamander 
mussel (Simpsonaias ambigua), a native, freshwater mollusk for which a 
positive 90-day finding has been made under the Endangered Species Act 
of

[[Page 1543]]

1973, as amended (16 U.S.C. 1531 et seq.) (76 FR 59836; September 27, 
2011) (Davic and Welsh 2004; Gangloff and Folkerts 2006; United States 
Fish and Wildlife Service 2015b, United States Fish and Wildlife 
Service 2015c). We conclude that invertebrate species that depend on 
salamanders for aspects of their life cycle or ecology are likely to be 
adversely affected if their host species declines in response to a Bsal 
introduction.

Invasiveness of Salamanders and Bsal

Invasiveness of Salamanders

    Some salamanders have the ability to invade new environments in 
which they are not native. Globally, 90 percent of salamander 
introductions have occurred through intentional releases (Tingley et 
al. 2010). As of 2010, salamanders comprised 22 percent of all recorded 
amphibian introductions, with the highest number of salamander 
introductions (15) from the family Salamandridae, followed by 
salamanders from the families Ambystomatidae (4), Cryptobranchidae (2), 
and Proteidae (2) (Tingley et al. 2010).
    Nonnative salamander introductions have been documented in the 
United States. As described below under Likelihood of Release or 
Escape, the United States Geological Survey (USGS) Nonindigenous 
Aquatic Species database has U.S. records for 14 salamander species 
that have been observed outside their native range. Of those, 11 are 
native to the United States but were discovered outside of their native 
ranges, and 3 (Japanese newt (also called the Japanese fire-bellied 
newt, Cynops pyrrhogaster), Oriental fire belly newt (also called the 
Oriental fire-bellied newt, Cynops orientalis), and the spotless stout 
newt (Pachytriton labiatus)) are exotic species from outside the United 
States (USGS 2015). In Florida, the Oriental fire belly newt and 
spotless stout newt, which are native to China (family Salamandridae), 
have been found in the wild near an animal importer's facility, either 
as the result of intentional releases or escapes from enclosures 
(Krysko et al. 2011).
    Other invasions have been attributed to the use and subsequent 
release of salamanders used as fishing bait. Surveys of anglers have 
indicated that they routinely release salamanders into the areas where 
they fish, which includes areas that are not part of the salamander's 
native U.S. habitats, suggesting that animals are routinely moved long 
distances (Picco and Collins 2008). Furthermore, Picco and Collins 
(2008) found that salamanders sold as bait were highly infected with 
both ranavirus and Bd, thereby increasing the likelihood of disease 
transmission into new areas of the United States through the act of 
fishing.

Invasiveness and Transmission of Bsal

    As noted above under General Description of Fungus, Europe has been 
experiencing a severe decline in wild fire salamander populations in 
the Netherlands (Spitzen-van der Sluijs et al. 2013). This decline is 
so significant that fire salamander populations are facing local 
extinction in the Netherlands, though other populations throughout 
Europe appear to be stable (AmphibiaWeb 2015c). A sharp decline in 
numbers has been observed since 2010, despite the species being listed 
as endangered on the Netherlands Red List, and at population levels 
that were thought to be stable. This enigmatic decline was not 
attributed to any known cause of amphibian decline, such as 
chytridiomycosis due to Bd, ranavirus, or habitat degradation. In late 
2013, Bsal was isolated from infected fire salamanders in the 
Netherlands (Martel et al. 2013).
    Martel et al. (2014) later established the highly pathogenic nature 
of this new chytrid fungus. Molecular testing found Bsal in specimens 
collected from the wild (though none from North America) and even in an 
archival (museum) sample that was 150 years old (Martel et al. 2014). A 
wide variety of salamanders are negatively affected by the pathogen, 
but frogs, toads, and caecilians do not appear to be (Martel et al. 
2014). The pathogenic nature of the fungus and its ability to infect a 
wide variety of salamanders, as described below in Classification and 
Status as Carriers, definitively demonstrate an invasive threat to 
salamanders in the United States.
    In Bd, the ability of the pathogen to be transmitted between 
individuals is dependent upon the density of populations (Rachowicz and 
Briggs 2007) and the presence of a vector that can carry the disease to 
uninfected populations (Greenspan et al. 2012); we expect the same for 
Bsal. Experiments have shown that Bsal can be transmitted from one 
species to another when the species come into contact (Martel et al. 
2014).
    Salamanders that breed in ponds and temporary wetlands are often 
explosive breeders, meaning that hundreds to multiple thousands of 
individuals will reproduce at the same time (Gill 1978), creating dense 
numbers of individuals and increasing opportunities for the pathogen to 
spread. Pathogens are also likely to be transmitted by salamander 
species that travel long distances for breeding and dispersal 
migrations, such as those that exhibit a metapopulation structure 
(Bancroft et al. 2011). A metapopulation is a group of discrete 
breeding populations of the same species (Gill 1978). For example, 
within salamander metapopulations, California tiger salamanders 
(Ambystoma californiense) have been documented traveling up to 1.2 
miles (1.9 kilometers) from upland habitat to aquatic breeding sites 
(USFWS 2000), and newts travel many kilometers to breeding sites (Gill 
1978).
    Salamander species that have abundant populations with widespread 
distributions can also contribute to the spread of Bsal because of the 
increased likelihood that they will come in close contact with other 
salamanders that could then become infected. Salamanders that can carry 
Bsal from one place to another are more likely to do so if they have a 
broad range where they will come in contact with other members of the 
same species (for abundant distributions) or other species (for 
widespread distributions). Species with broad distributions are adapted 
to a wide range of environmental conditions that are more likely to 
overlap with habitat suitable for Bsal as well as habitat suitable for 
that species, providing increased opportunities for Bsal to spread.
    For example, the rough-skinned newt (Taricha granulosa) has a wide 
range along the West Coast from Alaska to California, and the eastern 
newt (Notophthalmus viridescens) ranges widely across the eastern 
United States, occurring in 34 States (Amphibiaweb 2015a). Both species 
have had lethal responses with laboratory infections of Bsal (Martel et 
al. 2014), and both are capable of carrying Bsal. In addition to its 
broad range, N. viridescens also migrates long distances; this species 
will frequently travel many kilometers to migrate to new ponds (Gill 
1978), further increasing the risk of this species spreading Bsal.

Pathway Analysis

Introduction Pathways

    The main pathway for the global spread of Bsal is the international 
trade in salamanders (Martel et al. 2014). The introduction of Bsal 
into mainland Europe is linked with the commercial trade of Asian 
salamanders (Cynops spp.) from East Asia, particularly Thailand, 
Vietnam, and Japan (Martel et al. 2014). As described above in How the 
Fungus Affects Salamanders, eggs and gametes are not expected to be 
pathways. However, salamanders that

[[Page 1544]]

have been identified as carriers, whether live or dead, are expected to 
transmit Bsal through their skin, which contains keratin. We are also 
concerned that any salamanders that are infected and lethally 
vulnerable may die in transport and continue to carry Bsal into the 
United States. As such, we also expect dead salamanders and body parts 
to be a pathway.
    Individual amphibians in trade are often transported in containers 
with many other individuals of the same species or with many other 
species that can all be from different sources. These conditions are 
highly conducive to pathogen transmission and dispersal. Pathogens can 
transfer from host to host in crowded conditions, and crowded 
conditions create stress on animals that can reduce amphibian hosts' 
natural ability to ward off infections (Rowley et al. 2007, Rachowicz 
et al. 2005, Rollins-Smith et al. 2011).
    Bsal can also be introduced into the environment through the 
improper disposal of contaminated water or other materials used to 
transport salamanders. As described above under Environmental 
Conditions Needed to Survive, the fungus can likely persist in such 
materials independent of whether a salamander is present. Water and 
other materials have served as fomites to introduce other similar 
pathogens into the environment. For example, Bd has been found in water 
used to transport amphibians that were traded in Hong Kong (Kolby et 
al. 2014). As the authors noted, ``[T]he abundance of aquatic amphibian 
species traded by Hong Kong . . ., prolonged environmental persistence 
of infectious . . . Bd particles, and employment of trade activities 
that neither disinfect water nor safely dispose of deceased animals 
creates an ideal pathway for disease transmission to native Hong Kong 
amphibians.''
    Drawing on this evidence, the primary pathway for the entry of 
salamanders that are hosts of Bsal into the United States is through 
the international commercial wildlife trade. Overall, 99.9 percent of 
salamander importation into the United States is for commercial 
purposes (USFWS OLE 2015). From 2010 to 2014, salamanders were imported 
through 14 ports of entry into the United States; the 3 ports of entry 
with the largest numbers of imported salamanders were Los Angeles 
(California), Tampa (Florida), and New York (New York) (Richgels et al. 
in review). After import, many of the salamanders are transported to 
animal wholesalers, who then transport the salamanders to pet 
retailers.
    The most likely pathway of a salamander that is a host to Bsal into 
the United States would include a pet store or online retailer. 
Individuals would purchase the salamander from a pet store (or online 
retailer) and keep it in captivity as a pet. Many amphibians and 
reptiles first kept as pets are released by their owners into the wild 
either intentionally or accidentally (Kraus 2009, Krysko et al. 2011). 
For example, owners may no longer be able to care for their pets or an 
animal may escape its enclosure. In addition to the risk from a release 
of an infected pet salamander into the wild, the water that is used to 
house an infected pet in captivity would feasibly contain Bsal 
zoospores. As a result, the discharge of untreated water used to house 
infected, captive animals could be a pathway for releasing infective 
zoospores into the environment and exposing native salamanders to Bsal 
(Stephen et al. 2015).

International Trade in Salamanders

    Trade in wildlife occurs on a global scale, and amphibians are one 
of the most commonly traded animals (Smith et al. 2009). More than 
52,149,000 documented amphibians were imported into the United States 
from 2004 to 2014, based on the Service's LEMIS data (USFWS OLE 2015). 
Salamanders comprised 2,504,590 (4.8 percent) of the total imports of 
amphibians (USFWS OLE 2015). The 2004 to 2014 LEMIS dataset should be 
considered as a conservative estimate because many import records 
identified the animal being imported only as a member of the Class 
Amphibia (rather than identifying it to species or genus level). In 
addition, incorrect salamander identifications to genus and species 
level appear to have commonly occurred in reporting to LEMIS (USFWS OLE 
2015). LEMIS data shows that 65 percent of imported salamanders came 
from captive sources and 35 percent were from wild sources (USFWS OLE 
2015). The LEMIS data recorded only 83 percent of declared imports at 
the species level, whereas 17 percent were recorded to the genus level 
(USFWS OLE 2015).
    The four salamander genera most commonly imported into the United 
States from 2004 to 2014 were Cynops, Paramesotriton, Triturus, and 
Pachytriton (USFWS OLE 2015). Cynops, Triturus, and Paramesotriton are 
three genera that can serve as carriers for Bsal (Martel et al. 2014). 
Of the 20 genera listed by this interim rule, 15 have been traded over 
the 11 years. Salamanders that can carry Bsal have comprised 95 percent 
of imported salamanders.
    The species with the highest number of imports into the United 
States from 2004 to 2014 was the Oriental fire belly newt; this species 
comprised 54 percent of the total number of imported salamanders (USFWS 
OLE 2015). Twelve species of salamanders that are native to the United 
States were also imported into the United States from other countries 
from 2004 through 2014 (USFWS OLE 2015).

Risk Assessments and Salamander Effects From Bsal

Bsal Risk Assessments

    Two Bsal risk assessments are available to help determine the risk 
associated with Bsal introduction into North America. The USGS 
conducted a risk assessment for the United States that helped us 
determine the level of risk associated with Bsal introduction (Richgels 
et al. in review). Stephen et al. (2015) also conducted a Bsal risk 
assessment for Canada that showed Canada is also at risk.
    The USGS risk assessment concludes that the potential for Bsal 
introduction into the United States is high, the United States has 
suitable conditions for Bsal survival, and the consequences of 
introduction into the United States are expected to be severe and occur 
across a wide range of the United States (Richgels et al. in review). 
To evaluate the potential for Bsal introduction, the USGS assessment 
combined information on the number of individual salamanders imported 
at each port of entry and the number of pet supply establishments by 
county. Based on this evaluation, Bsal introduction potential was 
highest in central and southern Florida, southern California, and near 
New York City, New York (Richgels et al. in review).
    To determine the consequences of Bsal introduction into the United 
States, the USGS risk assessment evaluated environmental suitability, 
species richness, and predicted species susceptibility. Overall, the 
total risk of Bsal to native salamanders is high. Based on both likely 
introduction and resultant consequences, the risk of Bsal is the 
highest for the Pacific coast, southern Appalachian Mountains, and mid-
Atlantic regions (Richgels et al. in review). The areas most likely to 
have consequences from Bsal introduction are the Pacific Coast and 
Appalachian Mountains (Richgels et al. in review). Based on 
environmental suitability, areas of the United States most suited to 
Bsal growth (Blooi et al. 2015a), including the Southwest, Southeast, 
and Pacific regions, are also the areas of highest salamander diversity 
(Richgels

[[Page 1545]]

et al. in review). Yap et al. (2015) also identified the southeastern 
and western United States as zones of high risk.
    Some species may be protected from Bsal by temperatures in their 
regions that are outside of the Bsal optimal growth range (Richgels et 
al. in review), but the average temperature preferences of salamanders 
from Central and North America (Duellman and Trueb 1986), which range 
from -2.0 [deg]C (28.4 [deg]F) to 30.0 [deg]C (86.0 [deg]F), suggest 
that most salamander species, including those within the United States, 
are active near the thermal growth optimum for Bsal (Blooi et al. 
2015a). Most U.S. salamander species are also dependent upon forests, a 
habitat type dominated by relatively cool, moist conditions, for the 
majority of their life cycle (Davic and Welsh 2004).

Vulnerability and Carrier Status

    The urgent need to prevent Bsal introduction risks was raised by 
evidence presented by Martel et al. (2014), who tested Bsal on 35 
species from all three orders of amphibians: frogs, salamanders, and 
caecilians. Martel et al. (2014) further screened 5,391 specimens 
collected from 4 continents for evidence of Bsal infection.
    Martel et al. (2014) defines a ``resistant'' salamander as one that 
either was not infected or developed a short-term infection without 
clinical signs following exposure to Bsal; a ``tolerant'' salamander is 
one that maintains a more prolonged infection with no signs of disease; 
a ``susceptible'' salamander becomes infected and has clinical signs of 
disease with the possibility of subsequent recovery; and a salamander 
that responds in a ``lethal'' manner to Bsal dies as a result of 
infection. According to Martel et al. (2014), resistant salamanders are 
not a risk for transmitting Bsal. However, based on the available 
scientific data, we concluded that resistant species with evidence of 
short-term infection, as well as those reported to have tolerant, 
susceptible, or lethal responses to Bsal, are ``carriers'' capable of 
transmitting Bsal to other salamanders and introducing the fungus into 
the United States. The Service finds that a species is considered to be 
a ``non-carrier'' when Martel et al. (2014) classified the species as 
``resistant'' and no histologic or field surveillance data was found to 
suggest that short-term Bsal infection could occur; ``non-carriers'' 
are considered incapable of transmitting Bsal to other salamanders or 
introducing the fungus into the United States.
    We also find the likelihood of a species within the same genus 
being a carrier can be drawn from a comparison to Bd, which as 
described above under General Description of Chytrid Fungus is a close 
relative of Bsal. As noted earlier, the two risk assessments of Bsal 
that have been conducted both used Bd in determining the risk of Bsal 
based on transmission, spread, and population-level effects (Richgels 
et al. in review; Stephen et al. 2015). Considerably more is known 
about Bd than Bsal due to its discovery and description more than 15 
years ago (Berger et al. 1998; Longcore et al. 1999), while Bsal was 
discovered only 2 years ago (Martel et al. 2013). Bd has caused 
amphibian declines and extinctions worldwide (Skerratt et al. 2007). Bd 
affects species in patterns (Skerratt et al. 2007), and more closely 
related species have similar outcomes for Bd at the family level (Smith 
et al. 2009; Bancroft et al. 2011). Amphibians experiencing the most 
severe declines are grouped by relatedness, which is likely due to the 
shared evolutionary histories of closely related species with a similar 
response to chytridiomycosis (Corey and Waite 2008). The U.S. 
Department of Agriculture (USDA) uses a similar approach. Closely 
related species are considered more likely to have similar traits and 
are used in risk assessments to determine threats from a target species 
of interest; a potential pest is regarded as a threat when other 
species in a genus pose a similar threat (Wapshere 1974; Gilbert et al. 
2012).
    We find that, due to shared characteristics by species within a 
genus, other species within these genera are also highly likely to be 
carriers of Bsal if one species has been identified as a carrier, even 
if not every species in the genus has been tested to verify that it is 
a carrier of Bsal. Our analysis found no conclusive countervailing 
evidence that species differed within a genus with respect to their 
ability to act as carriers. As such, we expect all species in a genus 
to respond similarly as carriers or non-carriers to Bsal. Therefore, 
based on existing scientific evidence, and as described in more detail 
below, we are listing all species in the 20 genera, including 201 known 
species, that we now conclude constitute a threat to introducing and 
spreading Bsal in the United States because such species can carry the 
fungus and transmit it to other species which would be negatively 
impacted.
    While frogs and caecilians showed resistance to Bsal, many 
salamanders exhibited a strong, adverse response to Bsal infection; 
many species from outside of the native range of the fungus (Asia) 
exhibited lethal vulnerability. Our analysis of Martel et al. (2014) 
and follow-up communication (Martel, pers. comm.) found 25 species from 
19 genera are carriers of Bsal. Additional communications 
(Chytridcrisis 2015b; Cunningham et al. 2015; Nanjappa, pers. comm.) 
identified another two species from two separate genera as carriers: 
The pygmy marbled newt (Triturus pygmaeus) and the golden striped 
salamander (Chioglossa lusitanica). Because Martel et al. (2014) had 
previously identified members of the Triturus genus as carriers, it is 
already accounted for within the 19 genera. The addition of this 
species brings the total number of known carrier species to 26. In 
addition to Triturus, Chioglossa was identified as another genus 
capable of serving as a carrier by Chytridcrisis (2015b), Cunningham et 
al. (2015), and Nanjappa (pers. comm.). As a result, the total number 
of species known to serve as carriers of Bsal is 27 from 20 genera. 
These 20 genera include the following: Chioglossa, Cynops, Euproctus, 
Hydromantes, Hynobius, Ichthyosaura, Lissotriton, Neurergus, 
Notophthalmus, Onychodactylus, Paramesotriton, Plethodon, Pleurodeles, 
Salamandra, Salamandrella, Salamandrina, Siren, Taricha, Triturus, and 
Tylototriton.
    In conducting its analysis, the Service initially focused on 
identifying species for listing as injurious that scientific evidence 
demonstrates are capable of carrying Bsal. As we described above, 
however, we find that, due to shared characteristics by species within 
a genus, other species within these genera are also highly likely to be 
carriers of Bsal, even if not every species in the genus has been 
tested to verify that it is a carrier of Bsal. This conclusion is 
because more closely related species, such as those found within the 
same genus, share common traits. Our analysis found no conclusive 
evidence to the contrary that suggested that all species within such 
genera are not carriers.
    We have focused our findings on salamanders and the genera in which 
they are found that we concluded are capable of carrying Bsal, and we 
are not listing genera that Martel et al. (2014) identified are not 
carriers of Bsal: Based on our analysis of their data, such salamanders 
are not capable of introducing Bsal to the United States or otherwise 
transmitting Bsal to native populations. In addition, we are not 
listing genera at this time where there is no data because we do not 
have a basis for doing so, even though the Service recognizes that it 
is possible that untested genera may also be capable of carrying Bsal. 
Likewise, we are not listing hybrids derived from species consisting of 
a listed genera and an

[[Page 1546]]

unlisted one because we do not know their status as carriers. However, 
consistent with our view that species within a genus are likely to be 
carriers of Bsal if one species within that genus has been identified 
as a carrier, hybrids consisting of two species from within the same 
genus are expected also to be carriers.
    In conclusion, we have decided to list all 201 species in the 20 
genera where at least one species has been positively identified as a 
carrier of Bsal and there is no countervailing conclusive evidence 
suggesting that some species within the genus are not carriers. Where 
one species has been identified as a carrier, we find that the other 
species in that genus are also carriers. This finding includes hybrids 
consisting of species found within the genus.
    In reaching this conclusion, it is worth noting that Martel et al. 
(2014) classified the slimy salamander (or northern slimy salamander, 
Plethodon glutinosus) as resistant to infection. Martel et al. (2014) 
demonstrated by histology, however, that Bsal could invade the skin of 
the slimy salamander, even though it was otherwise resistant through 
challenge testing and did not show signs of infection. Our examination 
of the supplementary data of Martel et al. (2014), including histology 
(microscopy) tests and subsequent discussions with the authors, 
indicate that there is sufficient evidence that Bsal was able to invade 
the skin of this species long enough to move or transmit the infection 
to other salamanders (Martel et al. 2014; Martel, pers. comm.; Lips, 
pers. comm.). Because we expect all species within a genus to respond 
in a similar way as a carrier or not of Bsal, we conclude that all 
species of Plethodon are carriers.
    Martel et al. (2014) also classified the palmate newt (Lissotriton 
helveticus) as resistant to infection even though the Italian newt 
(Lissotriton italicus) was identified as lethally vulnerable to Bsal. 
Martel conducted histological tests that showed the palmate newt could 
carry Bsal even though it demonstrated resistant vulnerability. Our 
examination of the data of Martel et al. (2014), as well as a personal 
communication from K. Lips (2015), indicates that there is sufficient 
evidence that Bsal was able to invade the skin of the palmate newt long 
enough to pass the infection to other salamanders. Because we expect 
all species within a genus to respond in a similar way as a carrier or 
not of Bsal, we also conclude that all species of Lissotriton are 
carriers.
    In addition, Martel et al. (2014) classified the Hokkaido 
salamander (Hynobius retardatus) as resistant to Bsal under 
experimental conditions. However, we find that the misty salamander (H. 
nebulosus) is a carrier based on detection of Bsal by Martel et al. 
(2014) in a free-ranging specimen from Japan. The histology tests that 
were conducted for the slimy salamander and the palmate newt, and which 
we used to find that these species are carriers, were not conducted for 
the Hokkaido salamander. Bsal's ability to invade the skin of the 
Hokkaido salamander remains unknown because histologic examination of 
the skin was not conducted for the species. Because the Hokkaido 
salamander was resistant in experimental tests but was not tested 
histologically to look for invasion in the skin, we find that the 
Hokkaido salamander has an inconclusive status as a carrier and base 
our finding of whether species from the genus Hynobius are carriers on 
results identified for the misty salamander (a carrier from the same 
genus). Because we expect all species within a genus to respond in a 
similar way as a carrier or not of Bsal, we concluded that all species 
from the genus Hynobius are also carriers.
    Finally, although Martel et al. (2014) did not test species from 
the genus Onychodactylus in the laboratory, Martel et al. (2014) 
observed Bsal on the Japanese clawed salamander (O. japonicas) in a 
free-ranging specimen from Japan. Based on that evidence, we concluded 
that this species is a carrier. Because we expect all species within a 
genus to respond in a similar way as a carrier or not of Bsal, we 
concluded that the other species in the genus Onychodactylus are also 
carriers.

Vulnerability and Carrier Status of Native Species

    There are 190 species of salamander in 23 genera native to the 
United States (AmphibiaWeb 2015b). Of the 201 salamander species that 
we conclude are carriers of Bsal (20 genera in 4 families), 67 species 
(5 genera in 3 families) are native to the United States. Of the 
remaining 123 species native to the United States, we found that 20 
species are not carriers and the vulnerability and carrier status of 
the remaining 103 species from the other 16 genera is unknown.
    We based our findings of the 67 native species on tests conducted 
by Martel et al. (2014), who tested 7 native species in the laboratory 
for Bsal vulnerability. The native species that Martel et al. (2014) 
tested were the eastern newt (Notophthalmus viridescens), rough-skinned 
newt (Taricha granulosa), lesser siren (Siren intermedia), slimy 
salamander (Plethodon glutinosus), spring salamander (Gyrinophilus 
porphyriticus), marbled salamander (Ambystoma opacum), and spotted 
salamander (A. maculatum). Of these, 2 species were found to be 
lethally affected, 1 was tolerant, and 4 were described as resistant, 
although additional evidence indicates that one of the resistant 
species is capable of transmitting the fungus, resulting in a positive 
carrier status. As we described above in Vulnerability and Carrier 
Status, although the Service found evidence that species within a genus 
may vary in their specific vulnerability (that is, lethal, susceptible, 
tolerant, or resistant, as defined in Martel et al. (2014)), we expect 
all species in a genus to respond similarly as carriers or non-carriers 
to Bsal due to the shared characteristics between species. Therefore, 
we are listing all species within a genus where at least one species in 
that genus has been identified as a carrier of Bsal.
    Based on the results of Martel et al. (2014), at least 2 native 
U.S. species, the eastern newt and rough-skinned newt, were found to be 
lethally vulnerable to Bsal. The French cave salamander (Hydromantes 
strinatii), which is not native to the United States, was also tested 
and identified as lethally vulnerable to Bsal (Martel et al. 2014). The 
Notophthalmus genus has two additional native species: The black-
spotted newt (N. meridionalis) and the striped newt (N. perstriatus). 
The Taricha genus has three additional native species: The red-bellied 
newt (T. rivularis), Sierra newt (T. sierra), and California newt (T. 
torosa). The Hydromantes genus has three native U.S. species: The 
limestone salamander (H. brunus), Mount Lyell salamander (H. 
platycephalus), and Shasta salamander (H. shastae).
    At least 1 native U.S. species from the Siren genus, the lesser 
siren, has a tolerant vulnerability (Martel et al. (2014). The genus 
has one additional native species: The greater siren (S. lacertina).
    Four native species have been identified as resistant by Martel et 
al. (2014), but we have concluded that one of these species is still 
capable of carrying Bsal. As we describe above in Vulnerability and 
Carrier Status, we conclude that the slimy salamander is resistant to 
sustained infection but it can serve as a short-term carrier of Bsal. 
The Plethodon genus has 54 other species, all of which are native to 
the United States (AmphibiaWeb 2015b), bringing the total number of 
native carrier species to 67.
    Three additional native salamander species were identified as 
resistant to

[[Page 1547]]

Bsal infection: The spring salamander (Gyrinophilus porphyriticus), 
marbled salamander (Ambystoma opacum), and spotted salamander (A. 
maculatum) (Martel et al. 2014). They are not expected to be carriers; 
therefore, we conclude that the 20 native U.S. species in their genera 
are not capable of carrying Bsal. This includes 4 species from the 
genus Gyrinophilus and 16 species from the genus Ambystoma (AmphibiaWeb 
2015b).
    Of the 190 native U.S. salamander species, carrier status has not 
been assessed in 103 species from 16 genera. The untested genera are 
Amphiuma, Aneides, Batrachoseps, Cryptobranchus, Desmognathus, 
Dicamptodon, Ensatina, Eurycea, Hemidactylium, Necturus, Phaeognathus, 
Pseudobranchus, Pseudotriton, Rhyacotriton, Stereochilus, and 
Urspelerpes (AmphibiaWeb 2015b). Although based on the gradient 
responses, from resisting infection to lethal response, among the 
genera Martel et al. (2014) tested experimentally, some of these 
additional species could be at risk from Bsal infection or could serve 
as a carrier, we are not listing species in those genera because these 
genera have not yet been tested.

Vulnerability and Carrier Status of Threatened and Endangered Species

    None of the salamander species listed as endangered or threatened 
under the ESA in the United States has been specifically tested for 
Bsal vulnerability under laboratory conditions; Bsal has not been 
detected in their wild populations (Martel et al. 2014, Bales et al. 
2015). However, several species from the same genera have been tested 
and on that basis identified as carriers. As we describe above in 
Vulnerability and Carrier Status, while the Service did find evidence 
that shows some species within a genus may vary in their specific 
vulnerability, the carrier status of tested species can be extrapolated 
to related species including those that are listed as endangered or 
threatened, are candidates for ESA listing, and under review.
    Of the genera that include native species that we have identified 
as carriers, the following species are federally listed as threatened 
or endangered: Jemez Mountains salamander (P. neomexicanus), Cheat 
Mountain salamander (P. netting), Shenandoah salamander (P. shenandoah) 
and, one species, the striped newt (Notophthalmus perstriatus) is a 
candidate species (USFWS 2015).
    Seven of the species, subspecies, or distinct population segments 
(DPSs) listed as federally endangered or threatened are classified 
within the Ambystoma genus, which we find is not a carrier of the 
fungus: Reticulated flatwoods salamander (A. bishopi), California tiger 
salamander (three DPSs), frosted flatwoods salamander (A. cingulatum), 
Santa Cruz long-toed salamander (A. macrodactylum croceum), and Sonora 
tiger salamander (Martel et al. 2014; USFWS 2015).
    No information is available regarding Bsal vulnerability or carrier 
status of the remaining 11 ESA-listed or candidate species or 
subspecies native to the United States: desert slender salamander 
(Batrachoseps aridus), Ozark hellbender, Salado salamander (Eurycea 
chisholmensis), San Marcos salamander (E. nana), Georgetown salamander 
(E. naufragia), Texas blind salamander (E. (Typhlomolge) rathbuni), 
Barton springs salamander (E. sosorum), Jollyville Plateau salamander 
(E. tonkawae), Austin blind salamander (E. waterlooensis), Berry Cave 
salamander (Gyrinophilus gulolineatus), and the Alabama waterdog 
(Necturus alabamensis).
    In addition to those species currently recognized as federally 
endangered, threatened, or candidates for listing under the ESA, 36 
species of native salamander from 16 genera are in various stages of 
review for possible ESA listing in the future (USFWS 2015). Of the 
genera that include native species that we have identified as carriers, 
the following species are currently under review for ESA listing: 
Limestone salamander (petitioned), Shasta salamander (petitioned), the 
black-spotted newt (positive 90-day finding completed), Cheoah bald 
salamander (P. cheoah, petitioned), Fourche Mountain salamander (P. 
fourchensis, petitioned), Peaks of Otter salamander (P. hubrichti, 
positive 90-day finding completed), South Mountain gray-cheeked 
salamander (P. meridianus, petitioned), and the white-spotted 
salamander (P. punctatus, petitioned) (Martel et al. 2014; USFWS 2015).
    Three species under ESA review are members of genera that are not 
carriers: (Streamside salamander (Ambystoma barbouri) (substantial 90-
day finding completed--76 FR 59836, September 27, 2011), Tennessee cave 
salamander (Gyrinophilus palleucus) (substantial 90-day finding 
completed--76 FR 59836, September 27, 2011), West Virginia spring 
salamander (G. subterraneus) (substantial 90-day finding completed--76 
FR 59836, September 27, 2011) (Martel et al. 2014; USFWS 2015).
    No information is available regarding the carrier status for the 
remaining 25 native species in 11 genera that are currently under 
review for ESA listing (USFWS 2015).

Additional Factors That Contribute to Consideration of Salamanders as 
Injurious

Likelihood of Release or Escape

    In general, there is widespread concern over the increasing spread 
of pathogens moved through the wildlife trade (for example, Karesh et 
al. 2005). Substantial evidence shows that Bd has spread extensively 
throughout the world through the amphibian trade (Fisher and Garner 
2007; Schloegel et al. 2009; Schloegel et al. 2012; Galindo-Bustos 
2014; Kolby 2014; Kolby et al. 2014). Similar mechanisms of 
transmission and persistence in the closely related Bsal pathogen, 
along with detection of Bsal in captive salamanders imported by the pet 
trade into Great Britain, indicate that global movement of Bsal, 
similar to that of Bd, is not only possible but is already occurring 
(Cunningham 2015). Considering the occurrence of Bsal in the global pet 
trade, the risk to North American native species, and the number of 
salamanders that are imported into and transported throughout the 
United States through trade, Bsal is likely to be introduced into and 
spread throughout native salamander populations in the United States 
unless immediate action is taken to limit the import and interstate 
transport of salamanders that are likely to carry Bsal.
    Infected salamanders can transmit Bsal to other species even if the 
introduced salamander fails to establish a population. Evidence 
indicates that at least some of the salamanders capable of carrying 
Bsal can escape or be released and introduce Bsal into the environment. 
As described earlier, evidence exists for release of salamanders into 
the wild in the United States (Picco and Collins 2008; USGS 2015). As 
noted above in Invasiveness of Salamanders, the USGS Nonindigenous 
Aquatic Species database has records for 14 salamander species that 
have been observed outside their native range. Of those, 11 are native 
to the United States and were discovered outside of their native 
ranges, and 3 are exotic species from outside the United States. These 
findings mean that salamanders have been shown to exist, even if 
temporarily, outside their native range. As such, they are capable of 
transmitting Bsal into nonindigenous ecosystems. Infected native 
species that are imported and escape or are released into native 
habitats would also be capable of carrying Bsal into native

[[Page 1548]]

salamander ecosystems where Bsal has not previously been found.
    Infective Bsal zoospores can also be released into the environment 
if water or other materials used to house infected salamanders enter 
the environment due to improper disinfection and disposal methods. The 
water and materials become fomites to introduce the fungus into the 
environment if not decontaminated or disposed of properly. As described 
above under Environmental Conditions Needed to Survive, Bsal can likely 
live independent of a host long enough to infect other salamanders. Bd 
is known to remain viable for weeks in water and moist organic matter. 
Given our finding that Bd can serve as a surrogate for predicting 
Bsal's effects in salamanders at the population level, and since Bd 
does not require an amphibian host to remain viable, we expect that 
Bsal can also persist outside salamanders (as long as it has sufficient 
water or soil) long enough to come into contact with uninfected 
salamanders and start the disease cycle anew. As stated earlier, we 
also find that Bsal can be transmitted on dead salamanders or body 
parts.
    As discussed above in Introduction Pathways, there is evidence that 
Bd has escaped into the environment through untreated wastewater, 
increasing the likelihood that Bsal could also escape if brought in via 
contaminated water or improperly disposed of materials. While standards 
for the treatment and prevention of Bd exist, in part due to 
recognition of its status as an internationally notifiable disease 
under the World Organization for Animal Health (OIE), the effectiveness 
and widespread application of those standards are uncertain given that 
international protocols for responding to Bd do not exist and the need 
to improve international mechanisms to respond to disease-related 
threats to biodiversity (Voyles et al. 2014).
    Given the number of specimens that have been imported into the 
United States and Canada, it is unclear why Bsal has not yet been found 
in these countries (Muletz et al. 2014; Bales et al. 2015; Richgels et 
al. in review; Stephen et al. 2015). A comparison of Bd, which has 
spread in the United States, to Bsal yields some insights. Based on 
genetic analyses and examination of historical specimens, Bd may have 
originated from different places, including Japan, South Africa, or 
South America (Farrer et al. 2011; Rodriguez et al. 2014). In contrast, 
Bsal may have originated only from Asia, giving it fewer pathways to 
the United States (Martel et al. 2014). Importation of salamanders into 
the United States has also declined in recent years, suggesting that 
the propagule pressure may also be a factor by limiting the number of 
times in which Bsal could possibly be introduced through trade 
(Lockwood et al. 2005; USFWS OLE 2015). Bd may have spread more quickly 
than Bsal because of its ability to infect frogs, whereas research 
suggests that Bsal does not (Martel et al. 2014). Based on LEMIS data, 
frogs are traded in higher volumes than salamanders, increasing the 
probability of trade of a Bd-infected individual over a Bsal-infected 
individual. The USGS Nonindigenous Aquatic Species database also 
provides evidence for this higher level of trade, in that greater 
numbers of frogs are reported than salamanders. In addition, many frogs 
in trade, such as Rana catesbeiana (bullfrogs), are adaptable to a wide 
variety of environments and can easily become invasive once released in 
a watershed, as bullfrogs have become in the American West (Jennings 
and Hayes 1994; Rosen and Schwalbe 1995; Funk et al. 2011; Sepulveda et 
al. 2015; USGS 2015).
    Taken together with the other data we reviewed, this evidence 
suggests that Bsal is less likely to enter the United States than Bd. 
However, without action, the pathways for introduction and escape of 
Bsal are a significant and imminent threat that can best be managed by 
listing salamanders that can carry Bsal as injurious wildlife, thereby 
minimizing opportunities for Bsal to be introduced, establish, and 
spread in the United States.

Potential To Survive, Become Established, and Spread

    There is evidence that several of the species capable of carrying 
Bsal can survive long enough in the wild to transmit Bsal. The USGS 
Nonindigenous Aquatic Species database has records of 14 species and 
populations that have been observed in the United States outside of 
their native range (USGS 2015). Of those, 11 are native and have 
established populations outside of their native U.S. range: Eastern 
tiger salamander (Ambystoma tigrinum), barred tiger salamander 
(Ambystoma mavortium mavortium), blotched tiger salamander (Ambystoma 
mavortium melanostictum), long-toed salamander (Ambystoma 
macrodactylum), three-toed amphiuma (Amphiuma tridactylum), black-
bellied salamander (Desmognathus quadramaculatus), Santeetlah dusky 
salamander (Desmognathus santeetlah), mudpuppy, eastern newt, lesser 
siren, and rough-skinned newt. The three species from outside the 
United States include Japanese newt, Oriental fire belly newt, and 
spotless stout newt (Pachytriton labiatus).
    According to Richgels et al. (in review), ``Although prevalence of 
Bsal in live amphibian shipments, probability of release of infected 
materials (including live or dead animals or wastewater), and 
likelihood of interaction between infectious material and na[iuml]ve 
free-ranging salamanders is unknown, given the large quantities of 
imported amphibians, even a small probability of infected animals or 
materials escaping into the wild could lead to introduction of 
[Bsal].'' As discussed earlier under Introduction Pathways and 
Environmental Conditions Needed to Survive, Bsal is expected to be able 
to survive outside of salamander hosts for several weeks given suitable 
conditions in water. If a salamander comes in contact with Bsal and 
then transmits it during a time when salamanders congregate, such as 
during breeding as described above under Habitats, Reproductive 
Processes, and Seasonal Habits, the potential for Bsal to survive, 
establish, and spread through animals or animal parts is significant. 
As we describe above under How the Fungus Affects Salamanders, Bsal can 
be transmitted on dead tissue where keratin is present, particularly 
skin, but do not find that Bsal can be transmitted through reproductive 
tissue including eggs and gametes.
    As Richgels et al. (in review) noted, ``[T]he patterns of global Bd 
spread suggests that given release, exposure of native populations is 
likely. If Bsal follows similar patterns to the spread of Bd and no 
additional risk mitigation steps are taken, Bsal is likely to be 
introduced to the US.'' The Service finds that the capacity of infected 
salamanders to serve as the vector for infecting wild salamanders, 
together with the capacity of Bsal to survive for an extended period 
independent of an amphibian host, suggests that Bsal has a high 
likelihood of surviving, establishing, and spreading once it is 
introduced into a new area.

Impacts on Wildlife Resources or Ecosystems

    If Bsal is introduced into the United States, we expect the species 
with lethal vulnerability would be at greatest risk. However, disease 
outbreaks can result from a combination of biotic and abiotic factors, 
including species vulnerability, exposure, behavior, immunity, co-
infections, and environmental conditions (Wobeser 2007). Therefore, the 
vulnerability of individuals under laboratory conditions is an 
incomplete predictor of disease effects (Wobeser

[[Page 1549]]

2007). Native salamander species known to be tolerant of Bsal infection 
under experimental conditions may demonstrate more severe clinical 
disease when infection is combined with additional stressors in the 
wild, as has been found for other diseases, including those in 
amphibians (Wobeser 2007; Kerby et al. 2011; Kiesecker 2011). For 
example, Bodinof et al. (2011) noted that Bd may be found more 
frequently in hellbenders that are immune-compromised or that Bd 
infection increases the adverse effects of such species to other 
infections. Considering these cumulative factors, as well as the lack 
of data for the majority of native salamander species, our assessment 
of risk in native species is likely conservative.
    Bsal can severely affect wildlife resources. At least 2 native 
species are lethally vulnerable to Bsal and at least 1 is tolerant to 
Bsal infection. At least 67 native species can act as carriers or 
sources of infection for other species. While not all species have been 
tested for their response to Bsal, based on the high rates of infection 
that have been observed, the fungus may have significant negative 
effects on additional species.
    As described above in Ecosystem-Level Effects, salamanders are 
important parts of the ecosystems in which they occur. They are often 
the most abundant vertebrates in their ecosystems, and, as a vital part 
of the food web, they are both important prey for and predators of many 
species (Holomuzki et al. 1994; Regester et al. 2006). In some places, 
they are considered keystone species that help control some 
invertebrate populations and affect cycling of nutrients in an 
ecosystem, contributing significantly to overall ecosystem health. For 
example, by consuming arthropods that would otherwise release carbon 
dioxide into the atmosphere by decomposing leaf litter in forests, 
salamanders slow carbon emissions from leaf litter decomposition, which 
has implications for the global carbon cycle (Best and Welsh 2014). As 
described earlier, invertebrate species that depend on salamanders for 
aspects of their life cycle or ecology are likely to be adversely 
affected if their host species declines in response to a Bsal 
introduction. Loss of these keystone species would result in 
significant ecosystem-level change.
    Salamanders constitute much of the vertebrate biomass of forests, 
and they play an important role in ecosystems as insect consumers, 
shapers of the landscape, and climate mediators (Burton and Likens 
1975; Davic and Welsh 2004; Wyman 1998; Best and Welsh 2014). If native 
U.S. salamander species were to experience declines from Bsal infection 
as the fire salamander experienced in the Netherlands (Spitzen-van der 
Sluijs et al. 2013), we expect detrimental ecological effects.
    The eastern newt, one of the lethally vulnerable species, is one of 
the most widespread salamander species in North America (Roe and 
Grayson 2008, Martel et al. 2014). As top predators in pond ecosystems, 
eastern newts regulate frog tadpole abundance and, therefore, affect 
the amount and type of nutrients available in the ponds, keeping them 
in ecological balance (Morin et al. 1983; Morin 1995). If eastern newt 
populations decline because of Bsal infection in the wild, imbalances 
could result in ponds and ecosystems throughout the eastern United 
States. Eastern newts also travel long distances between aquatic and 
terrestrial habitats (Roe and Grayson 2008), so if the species was to 
be eliminated from an area, the amount of nutrients available in upland 
areas would also be affected.
    The other native U.S. species known to be lethally vulnerable to 
Bsal, the rough-skinned newt, is geographically widespread along the 
Pacific Coast of North America from Santa Cruz, California, to 
southeastern Alaska (Martel et al. 2014; Amphibiaweb 2015a). The rough-
skinned newt plays an important role in ecosystems through its 
consumption of invertebrates that break down leaf litter and release 
carbon into the atmosphere (Davic and Welsh 2004). If rough-skinned 
newt populations were to experience severe declines from Bsal 
infection, a result could be significant additional inputs of carbon in 
the atmosphere, as has been observed with other species (Wyman 1998; 
Best and Welsh 2014).
    As Richgels et al. (in review) noted, some parts of the United 
States may reach temperatures above the thermal tolerance of Bsal on a 
seasonal basis. However, wildlife and habitats would suffer losses if 
local populations of salamanders affected by Bsal prior to temperatures 
rising as part of the regular seasonal cycle suffered declines (and 
possible extirpation) and were unable to return to pre-infection levels 
in those ecosystems.
    For these reasons, we conclude that the negative impact to wildlife 
resources or ecosystems is expected to be high if Bsal is introduced 
into U.S. ecosystems.

Impact to Threatened and Endangered Species and Their Habitats

    None of the salamander species listed as endangered or threatened 
under the ESA in the United States have been specifically tested for 
Bsal vulnerability under laboratory conditions; Bsal has not been 
detected in their wild populations (Martel et al. 2014, Bales et al. 
2015). Of the genera that include native species that we have 
identified as carriers, 4 species are federally listed as threatened or 
endangered or are candidates for listing. In addition, 8 species of 
native salamanders from genera that were identified as carriers are in 
various stages of review for possible ESA listing in the future (USFWS 
2015). Because not all species have been tested, it is possible that 
the fungus will negatively affect other ESA-protected species.

Impacts to Human Beings, Forestry, Horticulture, and Agriculture

    We do not expect direct effects to forestry, horticulture, or 
agriculture. Bsal does not appear to infect humans or other animals 
except for salamanders. Trees and other plants are also not affected. 
Indirectly, the introduction or establishment of Bsal would have 
negative effects on humans primarily from the loss of native wildlife 
biodiversity. These losses would affect the aesthetic, recreational, 
and economic values currently provided by native wildlife and healthy 
ecosystems. Educational values would also be diminished through the 
loss of biodiversity and ecosystem health. However, we are not listing 
the species because of the indirect impacts to forestry, horticulture, 
or agriculture, but rather due to their impacts to wildlife and 
wildlife resources.

Wildlife or Habitat Damages That May Occur From Control Measures

    Richgels et al. (in review) stated, ``[T]here are few known viable 
treatment or management options for responding to the introduction of 
Bsal . . . hence mitigation strategies should focus on prevention or 
reduction of introduction events.'' As discussed below in Ability to 
Prevent or Control the Spread of Pathogens or Parasites, current 
control strategies appear to focus on treating salamanders in a 
controlled laboratory setting. We are not aware of control measures 
that are effective in treating infected salamanders over a large-scale 
area that could eliminate Bsal without killing the salamanders 
themselves.
    In an effort to control Bsal, it might be possible to kill all 
salamanders in an area and repopulate it after the fungus has been 
given enough time to clear from the environment. However, the life 
history of salamanders makes it highly unlikely that all individuals, 
including those that are infected, could be completely eradicated. Many 
species are

[[Page 1550]]

long-lived and inhabit areas that may be hard to reach. In addition, 
the effects on other wildlife of chemically treating an area in order 
to eradicate infected salamanders is unknown but could be expected to 
be severe.

Ability To Prevent Escape and Establishment

    We considered whether it was practical for an exporting foreign 
nation to produce a health certificate stating that a possible carrier 
of Bsal has been found to be free of the fungus. Such action would help 
ensure that Bsal does not escape from an exporting nation by being 
carried on an infected salamander. However, there are significant 
concerns regarding the effectiveness and sensitivity of current testing 
methods (including the return of false negatives), lack of validation 
and sufficient testing capacity, and agency resources required to 
conduct inspections, interpret results, and issue health certificates. 
Although some countries may have the necessary skills to prepare a 
health certification that salamanders are free of Bsal, not all 
exporting nations may have the necessary skills or resources. 
Scientists and diagnostic laboratories are also working to standardize 
laboratory protocols (Ballard, pers. comm.).
    As discussed below in Ability to Prevent or Control the Spread of 
Pathogens or Parasites, the ability and effectiveness of measures to 
prevent or control Bsal is currently low. While less certain, we also 
expect the ability to prevent escape and establishment is also low. 
Nonregulatory actions, such as implementing voluntary Best Management 
Practices or individual State action, are possible. The Service, for 
example, is working with partners on efforts such as 
HabitattitudeTM, which encourages responsible consumer 
actions with respect to pet ownership. Such actions include finding 
alternatives to releasing pets into the environment. Voluntary actions, 
such as applying heat therapy as described in Blooi et al. (2015a) and 
Blooi et al. (2015b), may help reduce the threat posed by Bsal. 
However, at this time it is not possible to determine the likelihood of 
success of such measures.
    As described earlier under Invasiveness of Salamanders and General 
Description of Chytrid Fungus, salamanders have escaped into the 
ecosystem, and Bd, a related fungus, has also escaped and established 
in the United States. Therefore, we expect the likelihood of the 
Service's ability to prevent escape and establishment of Bsal through 
infected salamanders to be low. Although voluntary actions are vital to 
help minimize the threat of invasive species, the Service is highly 
concerned about the extensive damage that introduction of Bsal would do 
to this nation's resources. As a result, we concluded that we cannot 
rely on voluntary actions alone to address the severity of the threat 
that Bsal poses and that other measures to prevent escape and 
establishment are not sufficient to ensure Bsal is not successfully 
introduced.
    Therefore, we find that we cannot rely on these approaches to 
prevent escape and establishment of Bsal and that our current capacity 
to prevent escape and establishment is low.

Potential To Eradicate or Manage Established Populations

    While some introduced salamanders in the United States have been 
successfully controlled, such as the lesser siren (which was eliminated 
from a backyard pond outside its native U.S. range), others such as the 
three-toed amphiuma have not (USGS 2015). However, evidence for control 
is sparse. Given the high rates of infection among salamanders tested 
by Martel et al. (2014), and the lack of control measures for Bsal that 
could be employed outside of a controlled facility, it is likely that 
Bsal would persist once introduced into the environment given 
appropriate environmental conditions, especially if a tolerant or 
susceptible salamander established a population and continued to spread 
Bsal.

Ability To Rehabilitate Disturbed Ecosystems

    Bsal infection can lead to the loss of keystone species in the 
ecosystem. The ability to rehabilitate disturbed ecosystems is expected 
to be low. We considered whether the Service's National Fish Hatchery 
System (NFHS) could be used to maintain salamanders in refugia while 
areas are treated, much as we maintain a population of the San Marcos 
salamander, which is listed as threatened, at the Uvalde National Fish 
Hatchery. However, it is impractical to equip NFHS facilities to be 
able to rapidly protect numerous salamander populations and maintain 
them for an extended time such as might be required due to Bsal's 
introduction. Although, as described in the next section, a few options 
exist to treat individual salamanders, none have been identified that 
can be used to clear Bsal from a widespread area. Consequently, we 
expect that once Bsal has been introduced, it will persist and spread 
with little opportunity for widespread disinfection from ecosystems.
    Studies have also questioned the effectiveness of captive-breeding 
programs to address threats, such as infectious disease, to amphibians, 
including salamanders (Harding et al. 2015). Research on booroolong 
frogs (Litoria booroolongensis) demonstrated that exposing them to Bd 
did not improve their chances of mitigating future reinfection (Cashins 
et al. 2013). We expect, given similarities of Bd to Bsal, that 
salamanders will also show a similar response to Bsal infection. As a 
result, it may not be possible to stimulate an immune response in 
captive salamander populations that would allow them to be reintroduced 
into ecosystems where Bsal may still exist.
    Therefore, the ability to rehabilitate disturbed ecosystems is 
expected to be low because the Service would be unable to ensure that 
it could treat and protect all salamander populations expected to be 
affected by Bsal in the wild.

 Ability To Prevent or Control the Spread of Pathogens or Parasites

    The ability and effectiveness of measures to prevent or control 
Bsal is currently low. Few options can ensure potentially infected 
salamanders do not carry Bsal. Blooi et al. (2015a) has shown that 
treating salamanders infected with Bsal by exposing them ``to 25 [deg]C 
[77 [deg]F] for 10 days resulted in complete clearance of infection and 
clinically cured all experimentally infected animals. This treatment 
protocol was validated in naturally infected wild fire salamanders.'' 
The authors found that temperature treatment could be an effective 
option given the host salamander's thermal tolerance. However, the 
treatment does have some shortcomings. It is unknown whether all 
salamander species can tolerate the thermal regime required (Kolby, 
pers. comm.). Blooi et al. (2015a) also noted that there is some 
uncertainty as to whether the method is completely effective, as 
evidence of Bsal was found after thermal treatment, although it is 
possible that the evidence consisted of dead cells only.
    Other treatment options also exist, such as treatment with 
antifungal medications that can be applied on animals that do not 
tolerate 25 [deg]C (77 [deg]F) (Martel, pers. comm; Blooi et al. 
2015b). It may be possible to treat amphibians in the wild for Bd with 
antifungals by capturing individuals and soaking them in a bath of the 
chemical, then releasing them back into the environment. This process 
does not seem to be as effective as desired, but may delay the eventual 
outcome of an outbreak enough to help individuals persist in the 
population (Hardy et al. 2015). Blooi et al. (2015b)

[[Page 1551]]

identified a method for treating infected salamanders with a 
combination of antifungals and temperature control that successfully 
cleared Bsal; however, such treatment worked only for controlled 
settings such as those found in a laboratory or conservation facility 
and is impractical to treat widespread areas in the natural environment 
given the likely cost, personnel, and time needed to locate and treat 
all salamanders in the wild. As we have noted above under Environmental 
Conditions Needed to Survive, Bsal is likely capable of persisting in 
the environment without a host by transmission to infected materials. 
Even if all individuals of a population could be successfully treated, 
the threat of reintroduction from environmental contamination would 
still exist.
    Given the expected severity of consequences of Bsal introduction, 
all imported salamanders that could be carriers would need to be 
treated, which is not practical at this time due to the limited 
conditions under which this treatment is effective. Not all species 
will tolerate treatment, and reliable diagnostic capacity is needed to 
verify that animals do not carry Bsal following treatment. If an 
outbreak occurs, it would not be practical to locate and treat all 
individuals in the wild in U.S. ecosystems. While antifungal agents 
could be applied to all animals, either in the laboratory or perhaps 
applied over a large geographic area, we are concerned about side 
effects on the animals being treated. We are also concerned about 
possible negative environmental effects if a chemical was widely 
applied (Gyllenhammar et al. 2009; Hasselberg et al. 2008).

Any Potential Ecological Benefits to Introduction

    There are no known benefits of Bsal or of salamanders carrying 
Bsal. The risks to native wildlife and wildlife resources greatly 
outweigh any unlikely benefits. There are no other potential ecological 
benefits for the introduction of Bsal or of Bsal-infected or Bsal-
carrier salamanders into the United States.

Conclusion

    Overall, there is a high risk to the wildlife and wildlife 
resources of the United States from salamanders that are capable of 
carrying Bsal. The United States leads all other countries in 
salamander diversity. Of the 190 native U.S. species, the vulnerability 
of 7 has been tested. We find that the fungus can infect and is lethal 
to at least 2 salamander species native to the United States and that a 
total of 67 native species are carriers of Bsal. The vulnerability and 
carrier status of 103 species have not been evaluated, many of which 
may also be vulnerable to this potentially deadly fungus. The disease 
may stress species with less lethal vulnerability under wild 
conditions; if these species are stressed by other factors, Bsal could 
cause harm to additional species in the face of cumulative stressors. 
The benefits that these native salamander species provide to 
ecosystems, and in turn the ecosystem services that benefit people, are 
significant. The Service concludes that preventing Bsal from infecting 
native salamanders will prevent harmful effects to the wildlife and 
wildlife resources of the United States and merits listing of 
salamanders capable of carrying Bsal as injurious.
    Salamanders capable of carrying Bsal have the potential to escape 
and spread Bsal. Species capable of carrying Bsal can survive long 
enough in the wild to transmit the fungus or can transmit it to other 
carriers while in transit. Bsal can also be introduced and infect 
native salamanders by improper disposal of material that comes in 
contact with infected salamanders, and persist long enough in the 
environment without a host to represent a threat.
    There is evidence that all species within a genus, where at least 
one species has been identified as a carrier of Bsal, can also be a 
threat. Our analysis found no conclusive evidence to the contrary. We 
find that, due to shared characteristics by species within a genus, 
other species within these genera are also highly likely to be carriers 
of Bsal, even if not every species in the genus has been tested to 
verify that it is a carrier of Bsal. Hybrids consisting of species 
found entirely within a genus identified as a carrier are also expected 
to be carriers.
    The main pathway for the global spread of Bsal is the international 
trade in salamanders. The most likely pathway of a salamander that is a 
host to Bsal into the United States would include a pet store or online 
retailer. Listing salamanders that are capable of carrying Bsal as 
injurious wildlife will significantly confine this pathway and limit 
Bsal's capacity to be introduced, establish, and spread in the United 
States.
    The current capacity to prevent escape and establishment is low. 
Rehabilitation of disturbed ecosystems is expected to be very 
difficult. The ability and effectiveness of measures to prevent or 
control Bsal is currently low. There are no known benefits of Bsal.
    The Service is listing live and dead specimens, including parts. We 
find the risk of transmission of Bsal to other salamanders is high from 
both live and dead specimens. Any salamanders that are infected and 
lethally vulnerable may die in transport and continue to carry Bsal 
into the United States. The risk is also high from improper disposal of 
materials that might be contaminated by those live or dead specimens. 
While we cannot list contaminated materials as injurious under the 
authority of the Act, by listing the carriers of Bsal, we seek to 
prevent the introduction of such materials.
    The Service is not adding eggs or gametes because Bsal does not 
appear to affect reproductive tissue such as eggs or gametes. The 
Service is not listing genera that we find are not carriers of Bsal 
because such salamanders are not capable of introducing Bsal to the 
United States or otherwise transmitting it to native populations. We 
are also not listing genera where there is no data, even though it is 
possible that untested genera may also be capable of carrying Bsal.
    For the reasons stated, the Service finds the 20 genera of 
salamanders to be injurious to the wildlife and wildlife resources of 
the United States. The potential for Bsal introduction into the United 
States is high, the United States has suitable conditions for Bsal 
survival, and the consequences of introduction into the United States 
are expected to be significant and occur across a wide range of the 
United States. By listing species that can carry Bsal, we are taking 
immediate action to help ensure the fungus does not enter the United 
States and infect native salamander populations and cause severe 
individual mortality, population declines, and ecosystem harm. We are 
not listing genera for which data is unavailable because we do not have 
a basis for doing so.

Required Determinations

Regulatory Planning and Review

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget (OMB) will 
review all significant rules. The Office of Information and Regulatory 
Affairs has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility

[[Page 1552]]

and freedom of choice for the public where these approaches are 
relevant, feasible, and consistent with regulatory objectives. 
Executive Order 13563 emphasizes further that the regulatory system 
must allow for public participation and an open exchange of ideas. We 
have developed this rule in a manner consistent with these principles.
    Executive Order 12866, Economic Analysis of Federal Regulations 
under Executive Order 12866 (OMB 1996), and Circular A-4 (OMB 2003) 
identify guidelines or ``best practices'' for the economic analysis of 
Federal regulations. In the context of the specific regulation under 
consideration, we anticipate minor economic impacts.
    The rule listing 20 genera of salamanders would prohibit an 
estimated 217,000 salamanders from being imported per year, and a 
minimum of 338 domestically bred salamanders may be affected due to the 
interstate transportation prohibition. The maximum annual loss to 
entities that deal in these species is $3.8 million in revenue. The 
maximum annual loss to the economy is estimated to be $10.0 million. 
The preferred alternative (Alternative 3, described below) does not 
meet the cost criteria for a significant rule. Furthermore, the 
preferred alternative is not expected to have a significant economic 
impact on a substantial number of small entities.
    In the long term, the rule is expected to benefit the economy. 
Efforts to control or eradicate invasive species, and manage the costs 
they incur to society, once they have become established are generally 
recognized as being less effective and more expensive than efforts to 
prevent potentially invasive species from establishing in the first 
place (Leung et al. 2002, Finnoff et al. 2007). As a result, sectors of 
the economy that will not need to expend resources to control or manage 
injurious wildlife will be expected to gain from a timely listing 
process.
    The Service considered five alternatives under Executive Order 
12866 for the economic analysis for this rule: (1) No action; (2) 
listing species that were identified by Martel et al. (2014) and other 
sources to be carriers of Bsal; (3) listing all species in genera in 
which there is at least one confirmed carrier and all species in the 
genus are likely to be a carrier; (4) listing all salamanders; and (5) 
requiring a health certificate stating that the animal being moved is 
free of Bsal, in lieu of or in addition to listing. The purpose of 
considering alternatives is to identify whether there is a more 
effective option that can achieve the desired goals of the rule.
    Alternative 1 was no action. This is the status quo. We would not 
list any species of salamanders as injurious. We did not select this 
option because of the significant risk that Bsal poses to native 
species and other wildlife resources in the United States. We expect 
that significantly greater financial and natural resources losses will 
be incurred by us and our partners in having to manage and respond to 
Bsal if the fungus establishes and spreads in the United States than by 
taking action now to prevent and minimize its introduction. No loss of 
retail sales or economic output due to actions by the Service would 
result from this alternative. It is expected that costs would be 
incurred by the salamander and ancillary industries due to Bsal 
management and the impact of Bsal on the supply of salamanders.
    Alternative 2 was listing only those species that Martel et al. 
(2014) and Cunningham et al. (2015) (as explained further in 
Chytridcrisis 2015b) confirmed are carriers of Bsal. The list of 
species that Martel et al. (2014) and Cunningham et al. (2015) 
evaluated is considerably smaller and consists of 27 species. As 
described earlier in Vulnerability and Carrier Status, we have 
determined that all species in a genus will share similar 
characteristics that make them capable of serving as a carrier of Bsal. 
Between 2004 and 2014 (USFWS OLE 2015), 1.6 million salamanders of 
these species were imported that would have been sold for an estimated 
retail value of $22.8 million; the maximum annual loss to entities that 
deal in these species would be $2.1 million in revenue. The maximum 
annual loss to the economy under this alternative is estimated to be 
$5.6 million.
    Alternative 3 was listing all species in genera where there is at 
least one confirmed carrier and all species in that genus are likely to 
be a carrier. As we described earlier, we have a sound scientific basis 
to conclude that all species in a genus will share similar 
characteristics in regards to whether they are capable of serving as a 
carrier of Bsal. Martel et al. (2014) did not find any examples of 
species in a genus where one species was likely to be a carrier and 
another species was not, with two exceptions as discussed above. Given 
the significant risk that Bsal poses, we find it is important to list 
all species that are likely to be carriers of the fungus. This 
alternative was selected for this interim rule. Between 2004 and 2014 
(USFWS OLE 2015), 2.4 million salamanders of these genera were imported 
that would have been sold for an estimated retail value of $41.4 
million; the maximum annual loss to entities that deal in these species 
would be $3.8 million in revenue. The maximum annual loss to the 
economy under this alternative is estimated to be $10.0 million.
    Alternative 4 was listing all salamanders in the world. There are 
approximately 681 species of salamanders. Although some species that we 
are not listing may be negatively vulnerable to or serve as carriers of 
Bsal, we are taking immediate action against those species that current 
scientific research and analysis has confirmed are carriers of Bsal, 
along with other species in the genus that share the same traits that 
make them highly likely to be carriers of Bsal. Between 2004 and 2014 
(USFWS OLE 2015), 2.5 million salamanders were imported that would have 
been sold for an estimated retail value of $43.9 million. The maximum 
annual loss to entities that deal in these species is estimated to be 
$4.0 million in revenue. The maximum annual loss to the economy under 
this alternative is estimated to be $10.7 million.
    Alternative 5 would have required a health certificate that must 
accompany salamanders being imported and transported across State lines 
that states that the animal being imported or moved through interstate 
movement is free of Bsal in lieu of or in addition to listing. The 
Service did not select this option because of concerns regarding the 
effectiveness of current testing methods, the lack of available testing 
capacity, expenses associated with testing each shipment, and 
inadequate agency resources to conduct inspections, interpret the 
results, and issue health certificates. It is uncertain what the loss 
in revenue and economic output would be due to this alternative. The 
minimum effect would be identical to Alternative 1 (No Action), and the 
maximum effect would be that of Alternative 4 (prohibiting all 
salamanders). The effect on the number imported or transported depends 
on the cost of compliance. Therefore, of the 2.5 million salamanders 
that were imported between 2004 and 2014 (USFWS OLE 2015), all or none 
may have been imported or transported under these circumstances. They 
would have been sold for up to an estimated retail value of $43.9 
million. The maximum annual loss to entities that deal in these species 
is $4.0 million in revenue. The maximum annual loss to the economy is 
estimated to be $10.7 million.
    We considered other alternatives that we rejected because we do not 
have the authority under the Lacey Act to

[[Page 1553]]

implement them ourselves. For example, we do not have the authority or 
capacity to establish and enforce a quarantine system. As a result, we 
cannot require all shipments to wait in quarantine for a period of time 
sufficient to prove that imported animals do not carry Bsal or to treat 
them prophylactically.
    We also considered encouraging partners to take nonregulatory 
action, such as voluntary Best Management Practices or individual State 
action. The Service will pursue such actions as it moves forward, and 
we are working with partners on efforts such as 
HabitattitudeTM, which encourages responsible consumer 
actions with respect to pet ownership. Voluntary actions, such as 
applying heat therapy as described in Blooi et al. (2015a) and Blooi et 
al. (2015b), may help reduce the threat posed by Bsal. Although 
voluntary actions are vital to help minimize the threat of invasive 
species, the Service is highly concerned about the extensive damage 
that introduction of Bsal would do to this nation's resources and 
concluded that we cannot rely on voluntary actions alone in this 
instance to address the severity of the threat that Bsal poses.

Regulatory Flexibility Act

    The Secretary of the Interior certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities. A regulatory flexibility analysis under the Regulatory 
Flexibility Act (as amended by the Small Business Regulatory 
Enforcement Fairness Act [SBREFA] of 1996) (5 U.S.C. 601, et seq.), is 
not required. The factual basis for this certification is provided in a 
draft regulatory flexibility analysis in the economic analysis, 
prepared to accompany this rule, which we briefly summarize below. See 
FOR FURTHER INFORMATION CONTACT or https://www.regulations.gov under 
Docket No. FWS-HQ-FAC-2015-0005 for the complete document.
    Although an interim rule allows us to move more quickly to 
implement the listing, it does not change the substantive basis for the 
listing decision, modify the types of organizations that would be 
affected by the rule, or affect the future administration of the Act as 
it applies to small entities to which the listing decision applies. In 
general, entities that are affected by an injurious listing decision 
would include:
    (1) entities importing animals, gametes, viable eggs, and hybrids 
of species; and
    (2) entities (including breeders and wholesalers) with interstate 
sales of animals, gametes, viable eggs, and hybrids. (However, this 
rule does not include provisions pertaining to gametes and viable 
eggs.)
    The ultimate effects of any listing on these entities would depend 
on the amount of interstate sales within the taxon's market. Impacts 
would also depend upon whether or not close substitutes for the species 
listed by this rule exist. In this case, the rule:
    a. Will not have an annual effect on the economy of $100 million or 
more.
    b. Would not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises.
    Listing 20 genera of salamanders would prohibit an estimated 
217,000 salamanders imported per year; 338 domestically bred 
salamanders would face the interstate transportation prohibition. The 
maximum annual loss to entities that deal in these species is $3.8 
million in revenue. Small businesses are expected to incur $2.3 million 
of the burden. Impacts per small business may be as high as $453,000 
for importers and $23,000 for domestic breeders.
    The interim rule makes no changes in the compliance requirements of 
any business. The Service is unaware of any duplicative, overlapping, 
or conflicting Federal rules. Several States implement similar acts 
that are more restrictive than the Federal law.

Small Business Regulatory Enforcement Fairness Act

    The interim rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This rule:
    a. Would not have an annual effect on the economy of $100 million 
or more. The rule listing 20 genera of salamanders, including 201 
species, would prohibit an estimated 217,000 salamanders imported per 
year, and prohibit the interstate movement of at least 338 domestically 
bred individuals. The maximum annual loss to entities that deal in 
these species is $3.8 million in revenue. Small businesses are expected 
to incur $2.3 million of the burden. Impacts per small business may be 
as high as $453,000 for importers and $23,000 for domestic breeders. In 
addition, businesses would also face the risk of fines if caught 
transporting these salamanders or their parts across State lines. The 
penalty for violation of the Act is not more than 6 months in prison 
and not more than a $5,000 fine for an individual and not more than a 
$10,000 fine for an organization.
    b. Would not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. Businesses breeding or selling the 
listed salamanders would be able to substitute other species and 
maintain business. Some businesses, however, may close. We do not have 
data for the potential substitutions, and, therefore, we do not know 
the number of businesses that may close.
    c. Would not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 
1501), the Service makes the following findings:
    a. This rule would not produce a Federal mandate. In general, a 
Federal mandate is a provision in legislation, statute, or regulation 
that would impose an enforceable duty upon State, local, or tribal 
governments, or the private sector.
    b. The rule would not have a significant or unique effect on State, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

Takings

    In accordance with Executive Order 12630 (Government Actions and 
Interference with Constitutionally Protected Private Property Rights), 
the rule does not have significant takings implications. A takings 
implication assessment is not required. This rule would not impose 
significant requirements or limitations on private property use. While 
import and interstate transport of any of the listed species is 
prohibited, any person who currently owns one of the listed species can 
continue to possess the salamander and engage in intrastate transport 
and other activities within their State or territory, as allowed under 
State, tribal, or territorial law.

Federalism

    In accordance with Executive Order 13132 (Federalism), this interim 
rule does not have significant Federalism effects. A Federalism 
assessment is not required. This rule would not have any

[[Page 1554]]

direct effects on States, on the relationship between the Federal 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 13132, we determine that this rule does 
not have sufficient Federalism implications to warrant the preparation 
of a Federalism Assessment.

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the interim rule does not unduly burden 
the judicial system and meets the requirements of sections 3(a) and 
3(b)(2) of the Executive Order. The interim rule has been reviewed to 
eliminate drafting errors and ambiguity, was written to minimize 
litigation, provides a clear legal standard for affected conduct rather 
than a general standard, and promotes simplification and burden 
reduction.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). This rule will not impose new recordkeeping or 
reporting requirements on State or local governments, individuals, 
businesses, or organizations. OMB has approved the information 
collection requirements associated with the required permits and 
assigned OMB Control No. 1018-0093, which expires May 31, 2017. We may 
not conduct or sponsor, and you are not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    We have reviewed this rule in accordance with the criteria of the 
National Environmental Policy Act (NEPA) and our Departmental Manual in 
516 DM. This rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. Under 
Department of the Interior agency policy and procedures, this rule is 
covered by a categorical exclusion and preparation of a detailed 
statement under NEPA is not required because it adds species to the 
list of injurious wildlife under 50 CFR subchapter B, part 16, which 
prohibits the importation into the United States and interstate 
transport of wildlife found to be injurious. (For further information, 
see 80 FR 66554; October 29, 2015.) We have also determined that the 
rule does not involve any of the extraordinary circumstances listed in 
43 CFR 46.215 that would require further analysis under NEPA.

Clarity of Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    a. Be logically organized;
    b. Use the active voice to address readers directly;
    c. Use clear language rather than jargon;
    d. Be divided into short sections and sentences; and
    e. Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To help us revise 
the rule, your comments should be as specific as possible. For example, 
you should tell us the numbers of the sections or paragraphs that are 
unclearly written, which sections or sentences are too long, and the 
sections where you feel lists or tables would be useful.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and the Department 
of the Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
tribes on a government-to-government basis. In accordance with 
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities, and the Endangered Species Act), 
we readily acknowledge our responsibilities to work directly with 
tribes in developing programs for healthy ecosystems, to acknowledge 
that tribal lands are not subject to the same controls as Federal 
public lands, to remain sensitive to Indian culture, and to make 
information available to tribes. We have evaluated potential effects on 
federally recognized Indian tribes and have determined that there are 
no potential effects. This rule involves the importation and interstate 
movement of salamanders. We are unaware of such movement in these 
species by tribes.

Effects on Energy

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This rule is not 
expected to affect energy supplies, distribution, and use. Therefore, 
this action is a not a significant energy action and no Statement of 
Energy Effects is required.

References Cited

    A complete list of all references used in this rulemaking is 
available at https://www.regulations.gov under Docket No. FWS-HQ-FAC-
2015-0005.

Authors

    The primary authors of this interim rule are the staff members of 
the U.S. Fish and Wildlife Service.

List of Subjects in 50 CFR Part 16

    Fish, Imports, Reporting and recordkeeping requirements, 
Transportation, Wildlife.

Regulation Promulgation

    For the reasons discussed in the preamble, the U.S. Fish and 
Wildlife Service amends part 16, subchapter B of chapter I, title 50 of 
the Code of Federal Regulations, as follows:

PART 16--[AMENDED]

0
1. The authority citation for part 16 continues to read as follows:

    Authority: 18 U.S.C. 42.


0
2. Revise Sec.  16.14 to read as follows:


Sec.  16.14  Importation of live or dead amphibians or their eggs.

    (a) The importation, transportation, or acquisition of any live or 
dead specimen, including parts, but not eggs or gametes, of the genera 
Chioglossa, Cynops, Euproctus, Hydromantes, Hynobius, Ichthyosaura, 
Lissotriton, Neurergus, Notophthalmus, Onychodactylus, Paramesotriton, 
Plethodon, Pleurodeles, Salamandra, Salamandrella, Salamandrina, Siren, 
Taricha, Triturus, and Tylototriton, including but not limited to, the 
species listed in this paragraph, is prohibited except as provided 
under the terms and conditions set forth at Sec.  16.22 of this part:
    (1) Chioglossa lusitanica (golden striped salamander).
    (2) Cynops chenggongensis (Chenggong fire-bellied newt).
    (3) Cynops cyanurus (blue-tailed fire-bellied newt).
    (4) Cynops ensicauda (sword-tailed newt).
    (5) Cynops fudingensis (Fuding fire-bellied newt).
    (6) Cynops glaucus (bluish grey newt, Huilan Rongyuan).
    (7) Cynops orientalis (Oriental fire belly newt, Oriental fire-
bellied newt).

[[Page 1555]]

    (8) Cynops orphicus (no common name).
    (9) Cynops pyrrhogaster (Japanese newt, Japanese fire-bellied 
newt).
    (10) Cynops wolterstorffi (Kunming Lake newt).
    (11) Euproctus montanus (Corsican brook salamander).
    (12) Euproctus platycephalus (Sardinian brook salamander).
    (13) Hydromantes ambrosii (Ambrosi salamander).
    (14) Hydromantes brunus (limestone salamander).
    (15) Hydromantes flavus (Mount Albo cave salamander).
    (16) Hydromantes genei (Sardinian cave salamander).
    (17) Hydromantes imperialis (imperial cave salamander).
    (18) Hydromantes italicus (Italian cave salamander).
    (19) Hydromantes platycephalus (Mount Lyell salamander).
    (20) Hydromantes sarrabusensis (no common name).
    (21) Hydromantes shastae (Shasta salamander).
    (22) Hydromantes strinatii or Speleomantes strinatii (French cave 
salamander, Strinati's cave salamander).
    (23) Hydromantes supramontis (Supramonte cave salamander).
    (24) Hynobius abei (Abe's salamander).
    (25) Hynobius amakusaensis (Amakusa-sanshouo).
    (26) Hynobius amjiensis (Anji salamander).
    (27) Hynobius arisanensis (Arisan hynobid).
    (28) Hynobius boulengeri (Odaigahara salamander).
    (29) Hynobius chinensis (Chinese salamander).
    (30) Hynobius dunni (Oita salamander).
    (31) Hynobius formosanus (Taiwan salamander).
    (32) Hynobius fucus or Hynobius fuca (Taiwan lesser salamander).
    (33) Hynobius glacialis (Nanhu salamander).
    (34) Hynobius guabangshanensis (no common name).
    (35) Hynobius hidamontanus (Hakuba salamander).
    (36) Hynobius hirosei (no common name).
    (37) Hynobius katoi (Akaishi sansho-uo).
    (38) Hynobius kimurae (Hida salamander).
    (39) Hynobius leechii (northeastern China hynobiid salamander).
    (40) Hynobius lichenatus (northeast salamander).
    (41) Hynobius maoershanensis (no common name).
    (42) Hynobius naevius (blotched salamander).
    (43) Hynobius nebulosus (misty salamander).
    (44) Hynobius nigrescens (black salamander).
    (45) Hynobius okiensis (Oki salamander).
    (46) Hynobius osumiensis (Osumi-sanshouo).
    (47) Hynobius quelpaertensis (no common name).
    (48) Hynobius retardatus (Hokkaido salamander).
    (49) Hynobius shinichisatoi (Sobo-sanshouo).
    (50) Hynobius sonani (Sonan's hynobiid).
    (51) Hynobius stejnegeri (Bekko Sansho-uo).
    (52) Hynobius takedai (Hokuriku Sansho-uo).
    (53) Hynobius tokyoensis (Tokyo salamander).
    (54) Hynobius tsuensis (Tsushima Sansho-uo).
    (55) Hynobius turkestanicus (Turkestanian salamander).
    (56) Hynobius yangi (no common name).
    (57) Hynobius yatsui (no common name).
    (58) Hynobius yiwuensis (Yiwu hynobiid).
    (59) Ichthyosaura alpestris (alpine newt).
    (60) Lissotriton boscai (Bosca's newt).
    (61) Lissotriton helveticus (palmate newt).
    (62) Lissotriton italicus (Italian newt).
    (63) Lissotriton kosswigi (Triton pontue de Kosswig).
    (64) Lissotriton lantzi (no common name).
    (65) Lissotriton montandoni (Carpathian newt).
    (66) Lissotriton vulgaris (smooth newt).
    (67) Neurergus crocatus (no common name).
    (68) Neurergus derjugini or Neurergus microspilotus (Kurdistan 
newt).
    (69) Neurergus kaiseri (Lorestan newt, Luristan newt, emperor 
spotted newt, Zagros newt, Iranian harlequin newt, kaiser newt).
    (70) Neurergus strauchii (no common name).
    (71) Notophthalmus meridionalis (black-spotted newt).
    (72) Notophthalmus perstriatus (striped newt).
    (73) Notophthalmus viridescens (eastern newt).
    (74) Onychodactylus fischeri (long-tailed clawed salamander).
    (75) Onychodactylus fuscus (Tadami clawed salamander).
    (76) Onychodactylus intermedius (Bandai clawed salamander).
    (77) Onychodactylus japonicus (Japanese clawed salamander).
    (78) Onychodactylus kinneburi (Shikoku clawed salamander).
    (79) Onychodactylus koreanus (Korai-Sansyouo).
    (80) Onychodactylus nipponoborealis (Riben Bei Zhaoni).
    (81) Onychodactylus tsukubaensis (Tsukuba clawed salamander).
    (82) Onychodactylus zhangyapingi (Jilin Zhaoni).
    (83) Onychodactylus zhaoermii (Liaoning).
    (84) Paramesotriton caudopunctatus (spot-tailed warty newt).
    (85) Paramesotriton chinensis (Chinese warty newt).
    (86) Paramesotriton deloustali (no common name).
    (87) Paramesotriton fuzhongensis (no common name).
    (88) Paramesotriton guanxiensis (Guangxi warty newt).
    (89) Paramesotriton hongkongensis (no common name).
    (90) Paramesotriton labiatus (spotless stout newt).
    (91) Paramesotriton longliensis (no common name).
    (92) Paramesotriton maolanensis (no common name).
    (93) Paramesotriton qixilingensis (no common name).
    (94) Paramesotriton wulingensis (no common name).
    (95) Paramesotriton yunwuensis (no common name).
    (96) Paramesotriton zhijinensis (no common name).
    (97) Plethodon ainsworthi (Catahoula salamander, bay springs 
salamander).
    (98) Plethodon albagula (western slimy salamander).
    (99) Plethodon amplus (Blue Ridge gray-cheeked salamander).
    (100) Plethodon angusticlavius (Ozark salamander, Ozark zigzag 
salamander).
    (101) Plethodon asupak (Scott Bar salamander).
    (102) Plethodon aureolus (Tellico salamander).
    (103) Plethodon caddoensis (Caddo Mountain salamander).
    (104) Plethodon chattahoochee (Chattahoochee slimy salamander).
    (105) Plethodon cheoah (Cheoah bald salamander).
    (106) Plethodon chlorobryonis (Atlantic Coast slimy salamander).
    (107) Plethodon cinereus (eastern red-backed salamander, redback 
salamander, salamandre ray[eacute]e, red-backed salamander).
    (108) Plethodon cylindraceus (white-spotted slimy salamander).
    (109) Plethodon dorsalis (zigzag salamander, northern zigzag 
salamander).

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    (110) Plethodon dunni (Dunn's salamander).
    (111) Plethodon electromorphus (northern ravine salamander).
    (112) Plethodon elongatus (Del Norte salamander).
    (113) Plethodon fourchensis (Fourche Mountain salamander).
    (114) Plethodon glutinosus (slimy salamander, northern slimy 
salamander).
    (115) Plethodon grobmani (southeastern slimy salamander).
    (116) Plethodon hoffmani (valley and ridge salamander).
    (117) Plethodon hubrichti (Peaks of Otter salamander).
    (118) Plethodon idahoensis (Coeur d'Alene salamander).
    (119) Plethodon jordani (Appalachian salamander, red-cheeked 
salamander, Jordan's salamander).
    (120) Plethodon kentucki (Kentucky salamander, Cumberland Plateau 
salamander).
    (121) Plethodon kiamichi (Kiamichi slimy salamander).
    (122) Plethodon kisatchie (Louisiana slimy salamander).
    (123) Plethodon larselli (Larch Mountain salamander).
    (124) Plethodon meridianus (South Mountain gray-cheeked salamander, 
southern gray-cheeked salamander).
    (125) Plethodon metcalfi (southern gray-cheeked salamander).
    (126) Plethodon mississippi (Mississippi slimy salamander).
    (127) Plethodon montanus (northern gray-cheeked salamander).
    (128) Plethodon neomexicanus (Jemez Mountains salamander).
    (129) Plethodon nettingi (Cheat Mountain salamander).
    (130) Plethodon ocmulgee (Ocmulgee slimy salamander).
    (131) Plethodon ouachitae (Rich Mountain salamander).
    (132) Plethodon petraeus (Pigeon Mountain salamander).
    (133) Plethodon punctatus (white-spotted salamander, cow knob 
salamander).
    (134) Plethodon richmondi (southern ravine salamander, ravine 
salamander).
    (135) Plethodon savannah (Savannah slimy salamander).
    (136) Plethodon sequoyah (Sequoyah slimy salamander).
    (137) Plethodon serratus (southern red-backed salamander).
    (138) Plethodon shenandoah (Shenandoah salamander).
    (139) Plethodon sherando (Big Levels salamander).
    (140) Plethodon shermani (red-legged salamander).
    (141) Plethodon stormi (Siskiyou Mountains salamander).
    (142) Plethodon teyahalee (Southern Appalachian salamander).
    (143) Plethodon vandykei (Van Dyke's salamander).
    (144) Plethodon variolatus (South Carolina slimy salamander).
    (145) Plethodon vehiculum (western red-backed salamander).
    (146) Plethodon ventralis (southern zigzag salamander).
    (147) Plethodon virginia (Shenandoah Mountain salamander).
    (148) Plethodon websteri (Webster's salamander).
    (149) Plethodon wehrlei (Wehrle's salamander).
    (150) Plethodon welleri (Weller's salamander).
    (151) Plethodon yonahlossee (Yonahlossee salamander).
    (152) Pleurodeles nebulosus (no common name).
    (153) Pleurodeles poireti (Algerian newt).
    (154) Pleurodeles waltl (Spanish newt).
    (155) Salamandra algira (Algerian salamander).
    (156) Salamandra atra (alpine salamander).
    (157) Salamandra corsica (Corsican fire salamander).
    (158) Salamandra infraimmaculata (no common name).
    (159) Salamandra lanzai (Lanza's alpine salamander, Salamandra di 
Lanza).
    (160) Salamandra salamandra (fire salamander).
    (161) Salamandrella keyserlingii (Siberian newt).
    (162) Salamandrella tridactyla (no common name).
    (163) Salamandrina perspicillata (northern spectacled salamander).
    (164) Salamandrina terdigitata (southern spectacled salamander).
    (165) Siren intermedia (lesser siren).
    (166) Siren lacertina (greater siren).
    (167) Taricha granulosa (rough-skinned newt).
    (168) Taricha rivularis (red-bellied newt).
    (169) Taricha sierrae (Sierra newt).
    (170) Taricha torosa (California newt).
    (171) Triturus carnifex (Italian crested newt).
    (172) Triturus cristatus (great crested newt).
    (173) Triturus dobrogicus (Danube crested newt).
    (174) Triturus hongkongensis (no common name)
    (175) Triturus ivanbureschi (Balkan-Anatolian crested newt, 
Buresch's crested newt).
    (176) Triturus karelinii (Southern crested newt).
    (177) Triturus macedonicus (no common name).
    (178) Triturus marmoratus (marbled newt).
    (179) Triturus pygmaeus (pygmy marbled newt).
    (180) Triturus vittatus (no common name).
    (181) Tylototriton anguliceps (angular-headed newt).
    (182) Tylototriton asperrimus (black knobby newt).
    (183) Tylototriton broadoridgus (no common name).
    (184) Tylototriton dabienicus (no common name).
    (185) Tylototriton daweishanensis (no common name).
    (186) Tylototriton hainanensis (Hainan knobby newt).
    (187) Tylototriton kweichowensis (red-tailed knobby newt).
    (188) Tylototriton liuyangensis (no common name).
    (189) Tylototriton lizhenchangi (Mangshan crocodile newt).
    (190) Tylototriton notialis (no common name).
    (191) Tylototriton panhai (no common name).
    (192) Tylototriton pseudoverrucosus (southern Sichuan crocodile 
newt).
    (193) Tylototriton shanjing (Yunnan newt).
    (194) Tylototriton shanorum (no common name).
    (195) Tylototriton taliangensis (Thailand newt).
    (196) Tylototriton uyenoi (no common name).
    (197) Tylototriton verrucosus (Himalayan newt).
    (198) Tylototriton vietnamensis (no common name).
    (199) Tylototriton wenxianensis (Wenxian knobby newt).
    (200) Tylototriton yangi (Tiannan crocodile newt).
    (201) Tylototriton ziegleri (Ziegler's crocodile newt).
    (b) Upon the filing of a written declaration with the District 
Director of Customs at the port of entry as required under Sec.  14.61 
of this chapter, all other species of amphibians may be imported, 
transported, and possessed in captivity, without a permit, for 
scientific, medical, education, exhibition, or propagating purposes, 
but no such amphibians or any progeny or eggs thereof may be released 
into the wild except by the State wildlife conservation agency having 
jurisdiction over the area of release or by persons having prior 
written permission for release from such agency.

    Dated: December 30, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-00452 Filed 1-12-16; 8:45 am]
BILLING CODE 4333-15-P