Endangered and Threatened Wildlife and Plants; 12-Month Finding for the Kern Plateau Salamander; Threatened Species Status With Section 4(d) Rule for the Kern Canyon Slender Salamander and Endangered Species Status for the Relictual Slender Salamander; Designation of Critical Habitat, 63150-63199 [2022-21661]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Proposed Rules]
[Pages 63150-63199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21661]



[[Page 63149]]

Vol. 87

Tuesday,

No. 200

October 18, 2022

Part II





Department of The Interior





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Fish and Wildlife Service





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50 CFR Part 17





Endangered and Threatened Wildlife and Plants; 12-Month Finding for the 
Kern Plateau Salamander; Threatened Species Status With Section 4(d) 
Rule for the Kern Canyon Slender Salamander and Endangered Species 
Status for the Relictual Slender Salamander; Designation of Critical 
Habitat; Proposed Rule

Federal Register / Vol. 87 , No. 200 / Tuesday, October 18, 2022 / 
Proposed Rules

[[Page 63150]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2022-0081; FF09E21000 FXES1111090FEDR 223]
RIN 1018-BF83


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
for the Kern Plateau Salamander; Threatened Species Status With Section 
4(d) Rule for the Kern Canyon Slender Salamander and Endangered Species 
Status for the Relictual Slender Salamander; Designation of Critical 
Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; announcement of 12-month findings.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 12-
month findings on a petition to list the Kern Plateau salamander 
(Batrachoseps robustus), the Kern Canyon slender salamander 
(Batrachoseps simatus), and the relictual slender salamander 
(Batrachoseps relictus), three salamander species from the southern 
Sierra Nevada Mountains in California, under the Endangered Species Act 
of 1973, as amended (Act). We find that listing the Kern Canyon slender 
salamander and the relictual slender salamander is warranted. 
Accordingly, we propose to list the Kern Canyon slender salamander as a 
threatened species with a rule issued under section 4(d) of the Act 
(``4(d) rule''), and we propose to list the relictual slender 
salamander as an endangered species. We also propose to designate 
critical habitat under the Act for both of these species in Kern 
County, California. For the Kern Canyon slender salamander, 
approximately 2,051 acres (ac) (830 hectares (ha)) fall within the 
boundaries of the proposed critical habitat designation, and for the 
relictual slender salamander, approximately 2,685 ac (1,087 ha) fall 
within the boundaries of the proposed critical habitat designation. We 
also announce the availability of a draft economic analysis (DEA) of 
the proposed designations of critical habitat for the Kern Canyon 
slender salamander and the relictual slender salamander. After a 
thorough review of the best available scientific and commercial 
information, we find that it is not warranted at this time to list the 
Kern Plateau salamander. We ask the public to submit to us at any time 
new information relevant to the status of the Kern Plateau salamander 
or its habitat.

DATES: For the proposed rule to list the Kern Canyon slender salamander 
and the relictual slender salamander and designate critical habitat for 
these species and for the draft economic analysis for this proposed 
rulemaking action, we will accept comments received or postmarked on or 
before December 19, 2022. Comments submitted electronically using the 
Federal eRulemaking Portal (see ADDRESSES, below) must be received by 
11:59 p.m. eastern time on the closing date. We must receive requests 
for a public hearing, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by December 2, 2022.
    Petition finding for the Kern Plateau salamander: For the Kern 
Plateau salamander, the finding in this document was made on October 
18, 2022.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R8-ES-2022-0081, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the panel on the left side of 
the screen, under the Document Type heading, check the Proposed Rule 
box to locate this document. You may submit a comment by clicking on 
``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R8-ES-2022-0081, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Information Requested, below, for more information).
    Availability of supporting materials: For the proposed critical 
habitat designation, the coordinates or plot points or both from which 
the maps are generated are included in the decision file for this 
critical habitat designation and are available at https://www.regulations.gov at Docket No. FWS-R8-ES-2022-0081. Additional 
supporting information that we developed for this proposed critical 
habitat designation, including a draft economic analysis, is also 
available at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Michael Fris, Field Supervisor, 
Sacramento Fish and Wildlife Office, 2800 Cottage Way, Sacramento, CA 
95825; telephone 916-414-6700. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Executive Summary

    Why we need to publish a rule. Under the Act, a species warrants 
listing if it meets the definition of an endangered species (in danger 
of extinction throughout all or a significant portion of its range) or 
a threatened species (likely to become endangered in the foreseeable 
future throughout all or a significant portion of its range). If we 
determine that a species warrants listing, we must list the species 
promptly and designate the species' critical habitat to the maximum 
extent prudent and determinable. We have determined that the Kern 
Canyon slender salamander meets the definition of a threatened species 
and that the relictual slender salamander meets the definition of an 
endangered species; therefore, we are proposing to list them as such 
and proposing a designation of their critical habitat. Both listing a 
species as an endangered or threatened species and making a critical 
habitat determination can be completed only by issuing a rule through 
the Administrative Procedure Act rulemaking process (5 U.S.C. 551 et 
seq.).
    What this document does. We find that listing the Kern Plateau 
salamander as an endangered or threatened species is not warranted. We 
propose to list the Kern Canyon slender salamander as a threatened 
species and the relictual slender salamander as an endangered species, 
and we propose the designation of critical habitat for these two 
species.
    The basis for our action. Under the Act, we may determine that a 
species is an endangered or threatened species because of any of five 
factors: (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for 
commercial, recreational, scientific, or educational purposes; (C) 
disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; or (E) other natural or manmade factors affecting its 
continued existence.
    We have determined that the Kern Canyon slender salamander is 
facing threats due to grazing, recreation, fire,

[[Page 63151]]

and climate change, and that these threats will increase such that the 
species is likely to become endangered in the foreseeable future; 
therefore, we are proposing to list it as a threatened species. We have 
determined that the relictual slender salamander is facing threats from 
roads, grazing, fire, timber harvest, and hazard tree removal that put 
the species in danger of extinction throughout all of its range. The 
relictual slender salamander exists in a very narrow area in a limited 
ecological setting, and a single catastrophic event could result in 
extinction of the species. Therefore, we are proposing to list it as an 
endangered species.
    Section 4(a)(3) of the Act requires the Secretary of the Interior 
(Secretary) to designate critical habitat concurrent with listing to 
the maximum extent prudent and determinable. Section 3(5)(A) of the Act 
defines critical habitat as (i) the specific areas within the 
geographical area occupied by the species, at the time it is listed, on 
which are found those physical or biological features (I) essential to 
the conservation of the species and (II) which may require special 
management considerations or protections; and (ii) specific areas 
outside the geographical area occupied by the species at the time it is 
listed, upon a determination by the Secretary that such areas are 
essential for the conservation of the species. Section 4(b)(2) of the 
Act states that the Secretary must make the designation on the basis of 
the best scientific data available and after taking into consideration 
the economic impact, the impact on national security, and any other 
relevant impacts of specifying any particular area as critical habitat.

Information Requested

    For the Kern Plateau salamander, we ask the public to submit to us 
at any time new information relevant to the species' status or its 
habitat.
    For the Kern Canyon slender salamander and the relictual slender 
salamander, we intend that any final action resulting from this 
proposed rule will be based on the best scientific and commercial data 
available and be as accurate and as effective as possible. Therefore, 
we request comments or information from other governmental agencies, 
Native American Tribes, the scientific community, industry, or any 
other interested parties concerning this proposed rule.
    We particularly seek comments concerning:
    (1) The species' biology, range, and population trends, including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range, including distribution patterns, 
including the locations of any additional populations of these species;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, their 
habitats, or both.
    (2) Factors that may affect the continued existence of the species, 
which may include habitat modification or destruction, overutilization, 
disease, predation, the inadequacy of existing regulatory mechanisms, 
or other natural or manmade factors.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to these species and existing regulations 
that may be addressing those threats.
    (4) Additional information concerning the historical and current 
status of these species.
    (5) Information on regulations that are necessary and advisable to 
provide for the conservation of the Kern Canyon slender salamander and 
that we can consider in developing a 4(d) rule for the species. In 
particular, information concerning the extent to which we should 
include any of the section 9 prohibitions in the 4(d) rule or whether 
we should consider any additional exceptions from the prohibitions in 
the 4(d) rule.
    (6) The reasons why we should or should not designate habitat as 
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et 
seq.), including information regarding the following factors that the 
regulations identify as reasons why designation of critical habitat may 
be not prudent:
    (a) The species is threatened by taking or other human activity, 
and identification of critical habitat can be expected to increase the 
degree of such threat to the species; or
    (b) Such designation of critical habitat would not be beneficial to 
the species. In determining whether a designation would not be 
beneficial, the factors the Services may consider include but are not 
limited to: Whether the present or threatened destruction, 
modification, or curtailment of a species' habitat or range is not a 
threat to the species, or whether any areas meet the definition of 
``critical habitat.''
    (7) Specific information on:
    (a) The amount and distribution of Kern Canyon slender salamander 
and relictual slender salamander habitat;
    (b) Any additional areas occurring within the range of the species 
in Kern County that should be included in the designation because they 
(i) are occupied at the time of listing and contain the physical or 
biological features that are essential to the conservation of the 
species and that may require special management considerations, or (ii) 
are unoccupied at the time of listing and are essential for the 
conservation of the species; and
    (c) Special management considerations or protection that may be 
needed in critical habitat areas we are proposing, including managing 
for the potential effects of climate change.
    (8) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    (9) Any probable economic, national security, or other relevant 
impacts of designating any area that may be included in the final 
designation, and the related benefits of including or excluding 
specific areas.
    (10) Information on the extent to which the description of probable 
economic impacts in the draft economic analysis is a reasonable 
estimate of the likely economic impacts and any additional information 
regarding probable economic impacts that we should consider.
    (11) Whether any specific areas we are proposing for critical 
habitat designation should be considered for exclusion under section 
4(b)(2) of the Act, and whether the benefits of potentially excluding 
any specific area outweigh the benefits of including that area under 
section 4(b)(2) of the Act. If you think we should exclude any areas, 
please provide information supporting a benefit of exclusion.
    (12) Whether we could improve or modify our approach to designating 
critical habitat in any way to provide for greater public participation 
and understanding, or to better accommodate public concerns and 
comments.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for, or 
opposition to, the action under consideration without providing 
supporting information, although noted, do not provide substantial 
information necessary to support a determination. Section 4(b)(1)(A) of 
the Act directs that determinations as to whether any species is an 
endangered or a threatened species must be made solely on the

[[Page 63152]]

basis of the best scientific and commercial data available, and section 
4(b)(2) of the Act directs that the Secretary shall designate critical 
habitat on the basis of the best scientific data available.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov.
    Because we will consider all comments and information we receive 
during the comment period, our final determinations may differ from 
this proposal. Based on the new information we receive (and any 
comments on that new information), we may conclude that the Kern Canyon 
slender salamander is endangered instead of threatened, that the 
relictual slender salamander is threatened instead of endangered, or we 
may conclude that either or both species do not warrant listing as 
either endangered species or threatened species. For critical habitat, 
our final designation may not include all areas proposed, may include 
some additional areas that meet the definition of critical habitat, and 
may exclude some areas if we find the benefits of exclusion outweigh 
the benefits of inclusion and exclusion will not result in the 
extinction of the species.
    In addition, we may change the parameters of the prohibitions or 
the exceptions to those prohibitions in the proposed 4(d) rule for the 
Kern Canyon slender salamander if we conclude it is appropriate in 
light of comments and new information received. For example, we may 
expand the prohibitions to include prohibiting additional activities if 
we conclude that those additional activities are not compatible with 
conservation of the species. Conversely, we may establish additional 
exceptions to the prohibitions in the final rule if we conclude that 
the activities would facilitate or are compatible with the conservation 
and recovery of the species.

Public Hearing

    Section 4(b)(5) of the Act provides for a public hearing on this 
proposal, if requested. Requests must be received by the date specified 
in DATES. Such requests must be sent to the address shown in FOR 
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this 
proposal, if requested, and announce the date, time, and place of the 
hearing, as well as how to obtain reasonable accommodations, in the 
Federal Register and local newspapers at least 15 days before the 
hearing. We may hold the public hearing in person or virtually via 
webinar. We will announce any public hearing on our website, in 
addition to the Federal Register. The use of virtual public hearings is 
consistent with our regulations at 50 CFR 424.16(c)(3).

List of Acronyms and Abbreviations

    We use many acronyms and abbreviations in this rule. For the 
convenience of the reader, we define some of them here:

ac = acres
BLM = Bureau of Land Management
CAL FIRE = California Department of Forestry and Fire Protection
CESA = California Endangered Species Act
cm = centimeters
CNDDB = California Natural Diversity Database
ft = feet
ha = hectares
in = inches
km = kilometers
IPCC = Intergovernmental Panel on Climate Change
m = meters
mi = miles
OHV = off-highway vehicle
RCP = Representative Concentration Pathways
SSA = Species Status Assessment
USFS = U.S. Forest Service

Previous Federal Actions

    On July 11, 2012, the Center for Biological Diversity (CBD 2012, 
entire) submitted a petition to list 53 species of reptiles and 
amphibians including the relictual slender salamander (Batrachoseps 
relictus), Kern Canyon slender salamander (Batrachoseps simatus), and 
Kern Plateau salamander (Batrachoseps robustus) as threatened or 
endangered species under the Act. On July 1, 2015, we published a 90-
day finding that the petition presented substantial scientific and 
commercial information that the listing of the relictual slender 
salamander and the Kern Canyon slender salamander may be warranted (80 
FR 37568). On September 18, 2015, we published a 90-day finding that 
the petition presented substantial scientific and commercial 
information that the listing of the Kern Plateau salamander may be 
warranted (80 FR 56423).

Supporting Documents

    A species status assessment (SSA) team composed of Service 
biologists, in consultation with species experts, prepared an SSA 
report for the Kern Plateau salamander, the Kern Canyon slender 
salamander, and the relictual slender salamander (Service 2022a, 
entire). The SSA report represents a compilation of the best scientific 
and commercial data available concerning the status of the species, 
including the impacts of past, present, and future factors (both 
negative and beneficial) affecting the species. In accordance with our 
joint policy on peer review published in the Federal Register on July 
1, 1994 (59 FR 34270), and our August 22, 2016, memorandum updating and 
clarifying the role of peer review of listing actions under the Act, we 
sought the expert opinions of four appropriate specialists regarding 
the SSA. We received two responses.

I. Finding for the Kern Plateau Salamander

    Under section 4(b)(3)(B) of the Act, we are required to make a 
finding whether or not a petitioned action is warranted within 12 
months after receiving any petition that we have determined contains 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted (``12-month finding''). We must make 
a finding that the petitioned action is: (1) Not warranted; (2) 
warranted; or (3) warranted but precluded. ``Warranted but precluded'' 
means that (a) the petitioned action is warranted, but the immediate 
proposal of a regulation implementing the petitioned action is 
precluded by other pending proposals to determine whether species are 
endangered or threatened species, and (b) expeditious progress is being 
made to add qualified species to the Lists of Endangered and Threatened 
Wildlife and Plants (Lists) and to remove from the Lists species for 
which the protections of the Act are no longer necessary. Section 
4(b)(3)(C) of the Act requires that, when we find that a petitioned 
action is warranted but precluded, we treat the petition as though 
resubmitted on the date of such finding; accordingly, a subsequent 
finding must be made within 12 months of that date. We must publish 
these 12-month findings in the Federal Register.

[[Page 63153]]

Summary of Information Pertaining to the Five Factors

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 CFR part 424) set forth the procedures for determining 
whether a species is an endangered species or a threatened species.
    The Act defines an ``endangered species'' as a species that is in 
danger of extinction throughout all or a significant portion of its 
range, and a ``threatened species'' as a species that is likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range. The Act requires that we 
determine whether any species is an endangered species or a threatened 
species because of any of the following factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    These factors represent broad categories of natural or human-caused 
actions or conditions that could have an effect on a species' continued 
existence. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects.
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to or are reasonably likely to negatively 
affect individuals of a species. The term ``threat'' includes actions 
or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals through alteration 
of their habitat or required resources (stressors). The term ``threat'' 
may encompass--either together or separately--the source of the action 
or condition or the action or condition itself.
    However, the mere identification of any threat(s) does not 
necessarily mean that the species meets the statutory definition of an 
``endangered species'' or a ``threatened species.'' In determining 
whether a species meets either definition, we must evaluate all 
identified threats by considering the expected response by the species, 
and the effects of the threats--in light of those actions and 
conditions that will ameliorate the threats--on an individual, 
population, and species level. We evaluate each threat and its expected 
effects on the species, then analyze the cumulative effect of all of 
the threats on the species as a whole. We also consider the cumulative 
effect of the threats in light of those actions and conditions that 
will have positive effects on the species, such as any existing 
regulatory mechanisms or conservation efforts. The Secretary determines 
whether the species meets the definition of an ``endangered species'' 
or a ``threatened species'' only after conducting this cumulative 
analysis and describing the expected effect on the species now and in 
the foreseeable future.
    The Act does not define the term ``foreseeable future, which 
appears in the statutory definition of ``threatened species.'' The 
regulatory language that is applicable to determinations of the 
foreseeable future is contained in the regulations at 50 CFR 424.11(d) 
promulgated in 2019 (In re: Washington Cattlemen's Ass'n, No. 22-70194 
(9th Cir. Sept. 21, 2022) (staying the district court's vacatur of the 
2019 regulations pending resolution of the motion for reconsideration) 
(Washington Cattlemen's)). However, those regulations remain the 
subject of ongoing litigation, and their continued applicability is 
therefore uncertain. If the litigation results in vacatur of the 2019 
regulations, the regulations that were in effect before those 2019 
regulations (the pre-2019 regulations) would again become the governing 
law for listing decisions. Because of the uncertainty surrounding the 
legal status of the regulations, we undertook two analyses of the 
foreseeable future for the Kern Plateau salamander: one under the 2019 
regulations and one under the pre-2019 regulations, which may be 
reviewed in the 2018 edition of the Code of Federal Regulations at 50 
CFR 424.11(d). Those pre-2019 regulations did not include provisions 
clarifying the meaning of ``foreseeable future,'' so we applied a 2009 
Department of the Interior Solicitor's opinion (M-37021, ``The Meaning 
of `Foreseeable Future' in Section 3(2) of the Endangered Species Act'' 
(Jan. 16, 2009) (M-37021).
    It is not always possible or necessary to define foreseeable future 
as a particular number of years. Analysis of the foreseeable future 
uses the best scientific and commercial data available and should 
consider the timeframes applicable to the relevant threats and to the 
species' likely responses to those threats in view of its life-history 
characteristics. Data that are typically relevant to assessing the 
species' biological response include species-specific factors such as 
lifespan, reproductive rates or productivity, certain behaviors, and 
other demographic factors.
    In conducting our evaluation of the five factors provided in 
section 4(a)(1) of the Act to determine whether the Kern Plateau 
salamander (Service 2022b, entire) currently meets the definition of 
``endangered species'' or ``threatened species,'' we considered and 
thoroughly evaluated the best scientific and commercial data available 
regarding threats, regulatory mechanisms, conservation measures, 
current condition, and future condition. We reviewed the petition, 
information available in our files, and other available published and 
unpublished information. This evaluation includes information from 
recognized experts; Federal, State, and Tribal governments; academic 
institutions; private entities; and other members of the public. After 
comprehensive assessment of the best scientific and commercial data 
available, we determined that the Kern Plateau salamander does not meet 
the definition of an endangered or a threatened species.
    The SSA Report for the Three Slender Salamanders and the Species 
Assessment Form for the Kern Plateau salamander contain more detailed 
biological information regarding the Kern Plateau salamander, a 
thorough description of the factors influencing the species' viability, 
and the current and future conditions of the species (Service 2022a, 
entire; Service 2022b, entire). This supporting information can be 
found on the internet at https://www.regulations.gov under docket 
number FWS-R8-ES-2022-0081. The following is a summary of our 
determination for the Kern Plateau salamander.

Summary of Finding

    The Kern Plateau salamander is a slender salamander that has a 
broad, robust body with 16-17 costal grooves and a relatively short 
tail. The salamander is known from 35 sites, spread across areas of 
Sequoia National Forest and Inyo National Forest and privately owned 
land on the eastern slope of the Sierra Nevada, located in Inyo and 
Kern Counties, California.
    The Kern Plateau salamander requires bodies of surface water such 
as seeps, springs, streams, and associated riparian and mesic habitat. 
In addition, the salamander requires the presence of sufficient refugia 
consisting of materials such as woody debris, bark, leaf litter, rocks, 
and other cover objects within mesic and riparian habitats. Abundant 
interstitial spaces must be available

[[Page 63154]]

underneath debris or cover objects to facilitate resting, foraging, and 
movement of salamanders. Microclimates underneath debris or cover 
objects must be cool and moist as the Kern Plateau salamander is 
susceptible to desiccation.
    In the SSA report (Service 2022a, pp. 12-15), the range of the Kern 
Plateau salamander was divided into three geographic groups: the Kern 
Plateau geographic group in the southwestern Sierra Nevada in Kern 
County, CA; the Inyo geographic group on the eastern slope of Sierra 
Nevada in Inyo County, CA; and the Scodie Mountain geographic group in 
the Scodie Mountains in Kern County, CA. The Kern Plateau and Scodie 
Mountain geographic groups are entirely within the Sequoia National 
Forest. The Scodie Mountain geographic group also falls within the 
Kiavah Wilderness. The Inyo geographic group includes areas in the Inyo 
National Forest and outside of the National Forest in Owens and Indian 
Wells Valleys.

Kern Plateau Salamander: Status Throughout All of Its Range

    The Kern Plateau salamander is an endemic species currently known 
from 35 sites across a 302,035-ha (746,347-ac) range, with no 
identified reductions in historical range, redundancy, or 
representation. In the SSA report and the SAF, we analyzed ten 
potential threats impacting the species and its habitat. Currently, 
habitat supporting the Kern Plateau salamander is primarily affected by 
habitat degradation from roads (Factor A), recreation (Factor A), 
grazing (Factor A), timber harvest and hazard tree removal (Factor A), 
fire (Factor A), and climate change (Factor E). These threats continue 
to degrade the seep and spring habitat, and in some rare cases may 
result in direct mortality of individual Kern Plateau salamanders.
    Fire (Factor A) currently presents one of the largest risks to the 
Kern Plateau salamander. The fire threat as measured by CAL FIRE is 
high to very high at most of the sites occupied by the Kern Plateau 
salamander on the Kern Plateau and Scodie Mountain geographic groups, 
and moderate to high at sites in the Inyo geographic group (Service 
2022a, figure 27). There are few regulatory mechanisms available to 
address the risk of catastrophic wildfire to the species. The Scodie 
Mountain geographic group previously experienced a high-severity fire 
in 1997 that altered the habitat type and likely degraded the seep and 
stream microhabitat. In addition to all sites being subjected to fire 
risk, most sites across the species' range are further subject to 
habitat degradation through grazing, with a majority of sites within 
grazing allotments (Factor A).
    The threat from the impact of roads (Factor A), recreation (Factor 
A), and timber harvest and hazard tree removal (Factor A) to the Kern 
Plateau salamander varies throughout the species' range. Habitat in the 
Inyo geographic group is more isolated from roads and recreation, and 
timber harvest does not take place in the area (additionally, hazard 
tree removal may not be carried out in isolated areas). Timber harvest 
has not occurred within the Scodie Mountains, but within this area 
there are roads and trails in proximity to the occupied sites, and the 
nearby McIver's Cabin is a popular destination for OHV recreationists 
and hikers. Within the Kern Plateau geographic group, there are areas 
that have frequent motorized recreation use, tree harvest, and hazard 
tree removal. In the parts of geographic groups found within Inyo and 
Sequoia National Forests, the effects associated with some of the 
threats impacting the species are being reduced in magnitude due to 
implemented regulatory mechanisms (Factor D) within the national 
forests due to the Kern Plateau salamander being a USFS species of 
conservation concern.
    After evaluating threats to the Kern Plateau salamander and 
assessing the cumulative effect of the threats under the section 
4(a)(1) factors, we find that though the Kern Plateau salamander 
currently has some reduced population resiliency in two of the 
geographic groups, population resiliency is maintained from historical 
levels at the third geographic group (Inyo), and, overall, the species 
is still extant at multiple sites throughout the range. Additionally, 
species redundancy is currently maintained at its historical condition 
throughout the two largest geographic groups. The Kern Plateau 
salamander is a narrow endemic and does not have a broad range that 
encompasses large environmental variability; however, because the 
species is still distributed throughout its historical range, which 
includes a range of elevations (1,434-2,804 m (4,705-9,200 ft)) and 
climatic conditions, the Kern Plateau salamander maintains ecological 
representation. Thus, after assessing the best available information, 
we conclude that the Kern Plateau salamander is not in danger of 
extinction throughout all of its range.
    Therefore, we proceed with determining whether the Kern Plateau 
salamander is likely to become endangered within the foreseeable future 
throughout all of its range. In considering the foreseeable future as 
it relates to the status of the Kern Plateau salamander, we considered 
the timeframes applicable to the relevant risk factors (threats) to the 
species and whether we could draw reliable predictions about future 
exposure, timing, and scale of negative effects and the species' 
response to these effects. We considered whether we could reliably 
assess the risk posed by the threats to the species, recognizing that 
our ability to assess risk is limited by the variable quantity and 
quality of available data about effects to the Kern Plateau salamander 
and its response to those effects.
    The SSA report's analysis of future scenarios over a 50-year 
timeframe encompasses the best available information for projected 
future changes in climate change and its effect on modified hydrology 
across the range of the Kern Plateau salamander. This 50-year timeframe 
enabled us to consider the threats/stressors acting on the species and 
to draw conclusions on the species' response to those factors. In our 
future conditions analysis, we considered the ``intermediate'' 
emissions scenario of RCP 4.5 (Scenario 1) and the ``very high'' 
emissions scenario of RCP 8.5 (Scenario 2). Under Scenario 1, the 
resiliency of the Inyo, Kern Plateau, and Scodie geographic groups will 
be reduced from the current condition. The resiliency of the Scodie 
Mountain geographic group will be the furthest reduced, and the Scodie 
Mountain geographic group will be more vulnerable to stochastic events. 
However, the representation and redundancy of the Kern Plateau 
salamander will be maintained from current levels. Under Scenario 2, 
decreased resiliency, representation, and redundancy is projected for 
the three geographic units, with the Scodie Mountain geographic group 
again being the most vulnerable to stochastic events. Despite a decline 
in resiliency under both scenarios and a decline in representation and 
redundancy under Scenario 2, the Kern Plateau salamander is projected 
to maintain its distribution throughout the major areas that it 
historically occupied, with the Inyo and Kern Plateau geographic groups 
retaining more suitable habitat and occupied sites than the Scodie 
Mountain geographic group. Even considering threats impacting the 
species and the species' response, the Kern Plateau salamander will 
likely maintain enough resiliency, representation, and redundancy to

[[Page 63155]]

maintain viability into the foreseeable future.
    After assessing the best available information on the factors 
affecting the species (threats) within our future scenarios and the 
species' response to those factors, we conclude that the Kern Plateau 
salamander is not likely to become endangered within the foreseeable 
future throughout all of its range.

Kern Plateau Salamander: Status Throughout a Significant Portion of Its 
Range

    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
in the foreseeable future throughout all or a significant portion of 
its range. Under the Act and our implementing regulations, a species 
may warrant listing if it is in danger of extinction or likely to 
become so in the foreseeable future throughout all or a significant 
portion of its range. Having determined that the Kern Plateau 
salamander is not in danger of extinction or likely to become so in the 
foreseeable future throughout all of its range, we now consider whether 
it may be in danger of extinction or likely to become so in the 
foreseeable future in a significant portion of its range--that is, 
whether there is any portion of the species' range for which it is true 
that both (1) the portion is significant; and (2) the species is in 
danger of extinction now or likely to become so in the foreseeable 
future in that portion. Depending on the case, it might be more 
efficient for us to address the ``significance'' question or the 
``status'' question first. We can choose to address either question 
first. Regardless of which question we address first, if we reach a 
negative answer with respect to the first question that we address, we 
do not need to evaluate the other question for that portion of the 
species' range.
    In undertaking this analysis for the Kern Plateau salamander, we 
chose to address the status question first--we consider information 
pertaining to the geographic distribution of both the species and the 
threats that the species faces to identify any portions of the range 
where the species may be endangered or threatened.
    For the Kern Plateau salamander, we considered the following 10 
threats: Roads (Factor A), recreation (Factor A); grazing (Factor A); 
timber harvest (Factor A); hazard tree removal (Factor A); 
infrastructure development (Factor A); fire (Factor A); overutilization 
due to recreational, educational, and scientific use (Factor B); 
disease (Factor C); predation (Factor C); effects associated with small 
population size (Factor E); and climate change (Factor E). We also 
evaluated existing regulatory mechanisms (Factor D). Most of these 
threats are site-specific or affect only individual salamanders; thus, 
they do not rise to the level of affecting the species at a 
biologically meaningful scale. However, we now further consider the 
impact of climate change, fire, grazing, and timber harvest of dead 
trees, because these four threats occur across the range of the 
species, though there may be some local variation in magnitude.
    Next, we consider if any portions of the range may be uniquely 
vulnerable to those threats. As we noted above, the Scodie Mountain 
geographic group has a reduced ability to withstand and recover from 
normal stochastic variation, relative to historical conditions and will 
have reduced condition in the foreseeable future as compared to other 
geographic groups. However, the impact of these threats listed above is 
only slightly higher in the Scodie Mountain geographic group than in 
the Kern Plateau geographic group. Additionally, the entirety of the 
Scodie Mountain geographic group falls within the boundary of the 
Sequoia National Forest; thus, the magnitude of threats is reduced by 
measures to reduce impacts to seeps and springs from threats such as 
grazing and from hazard tree removal. The land management plan outlines 
desired habitat management conditions for riparian areas which, upon 
implementation, would reduce the risks of catastrophic wildfire and 
climate change in the area. Though there are a limited number of 
occurrences in the Scodie Mountain geographic group, scientists have 
detected salamanders even post-fire, indicating that despite degraded 
habitat conditions, it still maintains the ability to withstand 
stochastic events. Thus, we found no concentration of threats at a 
biologically meaningful scale anywhere in the Kern Plateau salamander's 
range, and we conclude that there is no portion of the range where the 
status of the species differs from any other portion of the species' 
range.
    Therefore, we find that the species is not in danger of extinction 
now or likely to become so in the foreseeable future in any significant 
portion of its range. This does not conflict with the courts' holdings 
in Desert Survivors v. Department of the Interior, 321 F. Supp. 3d 
1011, 1070-74 (N.D. Cal. 2018), and Center for Biological Diversity v. 
Jewell, 248 F. Supp. 3d 946, 959 (D. Ariz. 2017) because, in reaching 
this conclusion, we did not apply the aspects of the Final Policy on 
Interpretation of the Phrase ``Significant Portion of Its Range'' in 
the Endangered Species Act's Definitions of ``Endangered Species'' and 
``Threatened Species'' (79 FR 37578; July 1, 2014), including the 
definition of ``significant'' that those court decisions held to be 
invalid.

Kern Plateau Salamander: Determination of Status

    Our review of the best available scientific and commercial 
information indicates that the Kern Plateau salamander does not meet 
the definition of an endangered species or a threatened species in 
accordance with sections 3(6) and 3(20) of the Act. Therefore, we find 
that listing the Kern Plateau salamander is not warranted at this time. 
A detailed discussion of the basis for this finding can be found in the 
Kern Plateau salamander species assessment form (Service 2022b, entire) 
and other supporting documents, such as the accompanying SSA report 
(Service 2022a, entire) (see https://www.regulations.gov under docket 
number FWS-R8-ES-2022-0081).

II. Proposed Listing Determination for the Kern Canyon Slender 
Salamander and the Relictual Slender Salamander

Background

    A thorough review of the taxonomy, life history, and ecology of the 
Kern Canyon slender salamander and the relictual slender salamander is 
presented in the SSA report (Service 2022a, pp. 2-14).
    The Kern Canyon slender salamander and the relictual slender 
salamander are lungless, terrestrial salamanders that are found in the 
southern Sierra Nevada. Slender salamanders are within the genus 
Batrachoseps and are known for their long, thin bodies, small limbs, 
and projectile tongues that they use to catch small invertebrate prey 
(Stebbins and McGinnis 2012, pp. 124-140). Relictual slender 
salamanders are small (1.3-1.9 in (3.3-4.7 cm) snout-vent length) with 
18-19 costal grooves and have blackish brown coloration with a red, 
yellow, or brown dorsal stripe (Jockusch et al. 2012, p. 14; Stebbins 
and McGinnis 2012, p. 139). Kern Canyon slender salamanders are larger 
(1.6-2.2 in (4.0-5.6 cm) snout-vent length) with broader head and limbs 
and 20-21 costal grooves (Stebbins and McGinnis 2012, p. 130). The 
ventral surfaces and sides of Kern Canyon slender salamanders are dark 
brown with flecks of lighter color, and the dorsal surfaces are mottled 
bronze and red. Many of the life-history characteristics of the 
relictual and Kern Canyon slender salamanders are

[[Page 63156]]

unknown but are assumed to be similar to other species of slender 
salamanders.
    Slender salamanders are thought to lay eggs terrestrially in 
protected areas, hatch from eggs as miniature adults, reach 
reproductive maturity in 2-4 years, and live for a maximum of 8-10 
years (Hendrickson 1954, p. 19; Stebbins 1985, p. 39; Wake and Castanet 
1995, p. 63; Jockusch and Mahoney 1997, entire; Wake 2017, entire). 
Slender salamanders are active on the surface seasonally when 
conditions are favorable for performing skin and buccopharyngeal 
respiration (oxygen is taken up simply by diffusion or by the 
contraction and relaxation of the muscles of the cheeks or mouth and 
throat). At lower elevations, the relictual slender salamanders and 
Kern Canyon slender salamanders have been found active on the surface 
from January to May; at higher elevations, they are active from March 
to early November (Jockusch et al. 2012, p. 17; Jockusch 2021a, pers. 
comm.). When these species are active on the surface, they are usually 
found under cover objects, such as rocks, woody debris, and leaf 
litter, that are in proximity to seeps, springs, or streams (Stebbins 
1985, p. 39; Jockusch and Mahoney 1997, entire; Wake 2017, entire). 
When conditions are not favorable on the surface, slender salamanders 
are thought to shelter in underground burrows (Cunningham 1960, p. 95; 
Lannoo 2005, pp. 688-693).
    The Kern Canyon slender salamander was known historically from 18 
occupied sites to the southwest of the Isabella Lake reservoir in Kern 
County, California. Kern Canyon slender salamanders are found within 
Sequoia National Forest in the lower Kern River Canyon and outside of 
Sequoia National Forest within the Erskine Creek and Bodfish Creek 
drainages. Kern Canyon slender salamanders occur in narrow canyons in 
rocky habitat within the margins of seeps and streams or talus slopes 
(Lannoo 2005, pp. 691-693). They are found under rocks and woody debris 
in areas that retain soil moisture. Kern Canyon slender salamanders are 
associated with pine-oak woodlands with overstory of foothill pine 
(Pinus sabiniana), interior live oak (Quercus wislizeni), canyon live 
oak (Quercus chrysolepis), California buckeye (Aesculus californica), 
Freemont cottonwood (Populus fremontii), sycamore (Platanus racemosa), 
and willow (Salix spp.). Historically, Kern Canyon slender salamanders 
may have also been found in open grasslands.
    The relictual slender salamander has historically been documented 
at 13 sites within a small area of Sequoia National Forest in Kern 
County, California. Within this limited range, the species is found in 
small patches of moist, rocky habitat within the margins of seeps, 
springs, and streams. Relictual slender salamanders have been observed 
submerged in seeps and springs and under cover objects that have water 
beneath them (Lannoo 2005, p. 687; Jockusch et al. 2012, p. 17). 
Consequently, the species has been described as semi-aquatic and is 
thought to have a closer association with water than other species of 
slender salamanders. Two communal nests of relictual slender 
salamanders have been found during the spring and early summer in rocky 
habitat at the edge of seep and stream habitat (Jockusch 2021a, pers. 
comm.). In the lower Kern River Canyon, the relictual slender 
salamander is found in valley foothill riparian habitat and blue oak 
woodland with limited tree cover of oaks (Quercus spp.), buckeyes 
(Aesculus spp.), and sycamores. On Breckenridge Mountain, the species 
is found in Sierran mixed-conifer forest with closed canopies of pine 
(Pinus spp.), fir (Abies spp.), and oak (Quercus spp.).
    Information on occurrences for the Kern Canyon slender salamander 
and the relictual slender salamander is limited, as widespread 
systematic surveys for the species have not been conducted. Therefore, 
the best available information on the Kern Canyon slender salamander 
and the relictual slender salamander comes from recorded incidental 
observations and opportunistic searches over limited areas. Due to the 
nature of these records of observations, the survey effort for the two 
species is not standard from one site to another, across geographic 
groups, or from species to species. At some of the sites where 
salamanders have been observed, the sites have not been searched for 
the species over the last 30-40 years. In these cases, there is 
considerable uncertainty as to whether the species continues to occupy 
the sites. In the absence of more recent information, if conditions at 
the site are still suitable to support the species, we assume that the 
species continues to occupy these sites but recognize that there is 
uncertainty associated with this assumption.
    There is no available information on population structure or 
population sizes of either the Kern Canyon slender salamander or the 
relictual slender salamander. Therefore, we divide the sites of each 
species into geographic groups to aid our analysis in our SSA report 
and this proposed rule. The Kern Canyon slender salamander has 
historically been documented in 18 sites in the Lower Kern River Canyon 
and Erskine Creek geographic groups; only 9 of those sites are 
currently considered extant (table 1), although 2 have not had surveys 
reported to CNDDB in the last 30-40 years. The relictual slender 
salamander has been documented from 13 sites in the Lower Kern River 
Canyon geographic group, the Lucas Creek geographic group, and the 
Squirrel Meadow geographic group. All five sites in the Lower Kern 
River Canyon geographic group are considered to be extirpated, and 
eight sites in the other two geographic groups are currently considered 
extant. In 2019, a search of mesic habitat on Breckenridge Mountain led 
to the discovery of four sites (Flying Dutchman Drainage, Mill Creek 
Drainage A, Mill Creek Drainage B, Mill Creek Drainage C) occupied by 
the relictual slender salamander. At two of those sites more than 20 
individuals were found; however, we do not have specific information on 
which of the 4 sites had more than 20 individuals (Figure 1; Jockusch 
2021a, pers. comm.).

                                               Table 1--Kern Canyon Slender Salamander Sites in California
                                                  [CNDDB 2022, unpaginated; Jockusch 2021a, pers. comm]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Range of
                   Site                           Geographic group            number        Year first       Year last       Year last       Presumed
                                                                             observed        observed        observed        surveyed         extant?
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cow Flat Creek............................  Lower Kern River Canyon.....             0-5            1952            1970          1979 *           No **
Stark Creek...............................  Lower Kern River Canyon.....             1-7            1960            1979          1979 *           No **
SE of HWY 178.............................  Lower Kern River Canyon.....            2-11            1960            1978          1979 *           No **
Unnamed drainage (SW Democrat Hot Springs)  Lower Kern River Canyon.....               1            1970            1970          1970 *           No **
Dougherty Creek...........................  Lower Kern River Canyon.....             1-8            1970            1991          1991 *           No **
Lucas Creek...............................  Lower Kern River Canyon.....              20            1975            1975          1975 *           No **
Mill Creek................................  Lower Kern River Canyon.....               1            1979            1979          1979 *           No **

[[Page 63157]]

 
Miracle Hot Springs.......................  Lower Kern River Canyon.....            1-12            1979            2008   2008 [dagger]             Yes
Seep N of Cow Flat Creek..................  Lower Kern River Canyon.....               1            1991            1991          1991 *           No **
NE of Hobo Campground.....................  Lower Kern River Canyon.....               1            2007            2018            2018             Yes
S Cow Flat Rd.............................  Lower Kern River Canyon.....               1            2010            2010            2010           No **
Erskine Creek A...........................  Erskine Creek Canyon........               3            1981            1981            1981    Yes [Dagger]
Erskine Creek B...........................  Erskine Creek Canyon........              12            1981            1981            1981    Yes [Dagger]
Erskine Creek C...........................  Erskine Creek Canyon........             2-3            1992            1993            1993             Yes
Bodfish Creek A...........................  Erskine Creek Canyon........               2            2001            2001            2001             Yes
Erskine Creek D...........................  Erskine Creek Canyon........               1            2010            2010            2010             Yes
Eagle Peak................................  Erskine Creek Canyon........               1            2019            2019            2019             Yes
Bodfish Creek B...........................  Erskine Creek Canyon........               1            2021            2021            2021             Yes
Geographic Group Summary..................  Lower Kern River Canyon.....            0-20            1952            2018            2018             Yes
Geographic Group Summary..................  Erskine Creek Canyon........            1-12            1981            2021            2021             Yes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* More recent negative surveys have not been reported to CNDDB.
** A species expert indicates the Kern Canyon slender salamander may be largely or entirely gone from the site.
[dagger] A species expert indicates the Kern Canyon slender salamander has been observed at this site since 2008. However, the year of more recent
  observations has not been reported to CNDDB.
[Dagger] Surveys for the Kern Canyon slender salamander at this site have not been reported to CNDDB in the last 30-40 years, so there is uncertainty as
  to whether the species is present.


                                                Table 2--Relictual Slender Salamander Sites in California
                                                  [CNDDB 2022, unpaginated; Jockusch 2021a, pers. comm]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Range of
                   Site                           Geographic group            number        Year first       Year last       Year last       Presumed
                                                                             observed        observed        observed        surveyed         extant?
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cow Flat Creek............................  Lower Kern River Canyon.....            0-12            1955            1968          1979 *              No
Lucas Creek A.............................  Lower Kern River Canyon.....             0-6            1960            1960          1975 *              No
Unnamed Tributary (E Democrat Hot Springs)  Lower Kern River Canyon.....             0-8            1964            1964          1964 *              No
Stark Creek...............................  Lower Kern River Canyon.....             0-4            1964            1964          1964 *              No
Unnamed Tributary (SW Democrat Hot          Lower Kern River Canyon.....             0-3            1967            1967          1967 *              No
 Springs).
Lucas Creek B **..........................  Lucas Creek.................             1-8            2001            2019            2019             Yes
Tributary to Lucas Creek A................  Lucas Creek.................               2            2017            2017            2017             Yes
Tributary to Lucas Creek B................  Lucas Creek.................               1            2021            2021            2021             Yes
NE of Squirrel Meadow.....................  Squirrel Meadow.............            0-30            1977            2021            2021             Yes
Flying Dutchman Drainage..................  Squirrel Meadow.............     Information            2019            2021            2021             Yes
                                                                           not available
Mill Creek Drainage A.....................  Squirrel Meadow.............     Information            2019            2021            2021             Yes
                                                                           not available
Mill Creek Drainage B.....................  Squirrel Meadow.............     Information            2019            2021            2021             Yes
                                                                           not available
Mill Creek Drainage C.....................  Squirrel Meadow.............     Information            2019            2019            2019             Yes
                                                                           not available
Geographic Group Summary..................  Lower Kern River Canyon.....            0-12            1955            1968          1979 *              No
Geographic Group Summary..................  Lucas Creek.................             1-8            2001            2021            2021             Yes
Geographic Group Summary..................  Squirrel Meadow.............            0-30            1977            2021            2021             Yes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This site has been searched for the species since the year identified as the ``year last surveyed'' (Hansen 1997, entire; Jennings and Hayes 1994, p.
  22; Lannoo 2005, p. 687). However, the more recent negative surveys have not been reported to CNDDB.
** This site encompasses two CNDDB occurrence points on Lucas Creek that are considered to be one site (Jockusch 2021b, pers. comm.).

BILLING CODE 4333-15-C

[[Page 63158]]

[GRAPHIC] [TIFF OMITTED] TP18OC22.000

BILLING CODE 4333-15-P
Figure 1--Estimated Range of the Kern Canyon Slender Salamander and the 
Relictual Slender Salamander

Regulatory and Analytical Framework

Regulatory Framework

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations in title 50 of the Code of Federal Regulations set forth 
the procedures for determining whether a species is an endangered 
species or a threatened species, issuing protective regulations for 
threatened species, and designating critical habitat for threatened and 
endangered species. In 2019, jointly with the National Marine Fisheries 
Service, the Service issued final rules that revised the regulations in 
50 CFR parts 17 and 424 regarding how we add, remove, and reclassify 
threatened and endangered species and the criteria for designating 
listed species' critical habitat (84 FR 45020 and 84 FR 44752; August 
27, 2019). At the same time the Service also issued final regulations 
that, for species listed as threatened species after September 26, 
2019, eliminated the Service's general protective regulations 
automatically applying to threatened species the prohibitions that 
section 9 of the Act applies to endangered species (collectively, the 
2019 regulations).

[[Page 63159]]

    However, as discussed under I. Finding for the Kern Plateau 
Salamander, the U.S. District Court for the Northern District of 
California vacated the 2019 regulations (Center for Biological 
Diversity v. Haaland, No. 4:19-cv-05206-JST, Doc. 168 (N.D. Cal. July 
5, 2022) (CBD v. Haaland)), reinstating the regulations that were in 
effect before the effective date of the 2019 regulations as the law 
governing species classification and critical habitat decisions. 
Accordingly, in developing the analysis contained in this proposal, we 
applied the pre-2019 regulations, which may be reviewed in the 2018 
edition of the Code of Federal Regulations at 50 CFR 17.31, 17.71, 
424.02, 424.11(d)-(e), and 424.12(a)(1) and (b)(2)). Because of the 
ongoing litigation regarding the court's vacatur of the 2019 
regulations, and the resulting uncertainty surrounding the legal status 
of the regulations, we also undertook an analysis of whether the 
proposal would be different if we were to apply the 2019 regulations. 
That analysis, which we described in a separate memo in the decisional 
file and posted on https://www.regulations.gov, concluded that we would 
have reached the same proposal if we had applied the 2019 regulations. 
For both species, the relevant critical habitat regulations we 
considered were (1) critical habitat prudency (424.12(a)(1)), (2) 
unoccupied critical habitat (424.12(b)(2)), and (3) the definition of 
physical or biological features (PBFs)(424.12.02). For the Kern Canyon 
slender salamander, we also considered (1) foreseeable future and (2) 
the 4(d) rule.
    On September 21, 2022, the U.S. Circuit Court of Appeals for the 
Ninth Circuit stayed the district court's July 5, 2022, order vacating 
the 2019 regulations until a pending motion for reconsideration before 
the district court is resolved (In re: Cattlemen's Ass'n, No. 22-
70194). The effect of the stay is that the 2019 regulations are 
currently the governing law. Because a court order requires us to 
submit this proposal to the Federal Register by September 30, 2022, it 
is not feasible for us to revise the proposal in response to the Ninth 
Circuit's decision. Instead, we hereby adopt the analysis in the 
separate memo that applied the 2019 regulations as our primary 
justification for the proposal. However, due to the continued 
uncertainty resulting from the ongoing litigation, we also retain the 
analysis in this preamble that applies the pre-2019 regulations and we 
conclude that, for the reasons stated in our separate memo analyzing 
the 2019 regulations, this proposal would have been the same if we had 
applied the pre-2019 regulations For the Kern Canyon slender 
salamander, we conclude that the decision would have been the same if 
we had applied the 2019 regulations at 50 CFR 424.11(d) because the 
data regarding timeframes used in our analysis pertaining to the 
threats and species' responses to those threats are based on the best 
available science, and supports our analysis that the threats and 
species' responses to those threats are likely (2019 regulations) and 
supports our ability to make reasonably reliable predictions about the 
future (2009 M-Opinion). Under either regulatory scheme we find that 
critical habitat is prudent for the relictual slender salamander and 
the Kern Canyon slender salamander and that unoccupied critical habitat 
is essential for the conservation of both species. In order to recover 
the species, connecting corridors of suitable habitat need to be 
maintained between areas occupied by the species. It is reasonably 
certain that the unoccupied units will contribute to the conservation 
of the species by providing additional areas for recovery actions and 
providing connectivity between occupied areas. The unoccupied units 
contain one or more of the physical or biological features that are 
essential to the conservation of the species and have the abiotic and 
biotic features that currently or periodically contain the resources 
and conditions necessary to support one or more life processes of the 
salamanders.
    The Act defines an ``endangered species'' as a species that is in 
danger of extinction throughout all or a significant portion of its 
range, and a ``threatened species'' as a species that is likely to 
become an endangered species within the foreseeable future throughout 
all or a significant portion of its range. The Act requires that we 
determine whether any species is an endangered species or a threatened 
species because of any of the following factors:
    (A) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (B) Overutilization for commercial, recreational, scientific, or 
educational purposes;
    (C) Disease or predation;
    (D) The inadequacy of existing regulatory mechanisms; or
    (E) Other natural or manmade factors affecting its continued 
existence.
    These factors represent broad categories of natural or human-caused 
actions or conditions that could have an effect on a species' continued 
existence. In evaluating these actions and conditions, we look for 
those that may have a negative effect on individuals of the species, as 
well as other actions or conditions that may ameliorate any negative 
effects or may have positive effects.
    We use the term ``threat'' to refer in general to actions or 
conditions that are known to or are reasonably likely to negatively 
affect individuals of a species. The term ``threat'' includes actions 
or conditions that have a direct impact on individuals (direct 
impacts), as well as those that affect individuals through alteration 
of their habitat or required resources (stressors). The term ``threat'' 
may encompass--either together or separately--the source of the action 
or condition or the action or condition itself.
    However, the mere identification of any threat(s) does not 
necessarily mean that the species meets the statutory definition of an 
``endangered species'' or a ``threatened species.'' In determining 
whether a species meets either definition, we must evaluate all 
identified threats by considering the species' expected response and 
the effects of the threats--in light of those actions and conditions 
that will ameliorate the threats--on an individual, population, and 
species level. We evaluate each threat and its expected effects on the 
species, then analyze the cumulative effect of all of the threats on 
the species as a whole. We also consider the cumulative effect of the 
threats in light of those actions and conditions that will have 
positive effects on the species, such as any existing regulatory 
mechanisms or conservation efforts. The Secretary determines whether 
the species meets the definition of an ``endangered species'' or a 
``threatened species'' only after conducting this cumulative analysis 
and describing the expected effect on the species now and in the 
foreseeable future.
    The Act does not define the term ``foreseeable future,'' which 
appears in the statutory definition of ``threatened species.'' With the 
vacatur of the 2019 regulation regarding foreseeable future, we refer 
to a 2009 Solicitor's Opinion (M-37021), which states that the 
foreseeable future ``must be rooted in the best available data that 
allow predictions into the future'' and extends as far as those 
predictions are ``sufficiently reliable to provide a reasonable degree 
of confidence in the prediction, in light of the conservation purposes 
of the Act.''
    It is not always possible or necessary to define foreseeable future 
as a particular number of years. Analysis of the foreseeable future 
uses the best scientific and commercial data available and should 
consider the timeframes

[[Page 63160]]

applicable to the relevant threats and to the species' likely responses 
to those threats in view of its life-history characteristics. Data that 
are typically relevant to assessing the species' biological response 
include species-specific factors such as lifespan, reproductive rates 
or productivity, certain behaviors, and other demographic factors.

Analytical Framework

    The SSA report documents the results of our comprehensive 
biological review of the best scientific and commercial data regarding 
the status of the species, including an assessment of the potential 
threats to the species. The SSA report does not represent our decision 
on whether the species should be proposed for listing as an endangered 
or threatened species under the Act. However, it does provide the 
scientific basis that informs our regulatory decisions, which involve 
the further application of standards within the Act and its 
implementing regulations and policies. The following is a summary of 
the key results and conclusions from the SSA report; the full SSA 
report can be found at Docket No. FWS-R8-ES-2022-0081 and on https://www.regulations.gov.
    To assess Kern Canyon slender salamander and relictual slender 
salamander viability, we used the three conservation biology principles 
of resiliency, redundancy, and representation (Shaffer and Stein 2000, 
pp. 306-310). Briefly, resiliency supports the ability of the species 
to withstand environmental and demographic stochasticity (for example, 
wet or dry, warm or cold years), redundancy supports the ability of the 
species to withstand catastrophic events (for example, droughts, large 
pollution events), and representation supports the ability of the 
species to adapt over time to long-term changes in the environment (for 
example, climate changes). In general, the more resilient and redundant 
a species is and the more representation it has, the more likely it is 
to sustain populations over time, even under changing environmental 
conditions. Using these principles, we identified the species' 
ecological requirements for survival and reproduction at the 
individual, population, and species levels, and described the 
beneficial and risk factors influencing the species' viability.
    The SSA process can be categorized into three sequential stages. 
During the first stage, we evaluated the individual species' life-
history needs. The next stage involved an assessment of the historical 
and current condition of the species' demographics and habitat 
characteristics, including an explanation of how the species arrived at 
its current condition. The final stage of the SSA involved making 
predictions about the species' responses to positive and negative 
environmental and anthropogenic influences. Throughout all of these 
stages, we used the best available information to characterize 
viability as the ability of a species to sustain populations in the 
wild over time. We use this information to inform our regulatory 
decision.

Summary of Biological Status and Threats

    In this discussion, we review the biological condition of each 
species and its resources, and the threats that influence the species' 
current and future condition, in order to assess the species' overall 
viability and the risks to that viability.
    We note that, by using the SSA framework to guide our analysis of 
the scientific information documented in the SSA report, we have not 
only analyzed individual effects on both species, but we have also 
analyzed their potential cumulative effects. We incorporate the 
cumulative effects into our SSA analysis when we characterize the 
current and future condition of the species. To assess the current and 
future condition of the species, we undertake an iterative analysis 
that encompasses and incorporates the threats individually and then 
accumulates and evaluates the effects of all the factors that may be 
influencing the species, including threats and conservation efforts. 
Because the SSA framework considers not just the presence of the 
factors, but to what degree they collectively influence risk to the 
entire species, our assessment integrates the cumulative effects of the 
factors and replaces a standalone cumulative effects analysis.

Species Needs for the Kern Canyon Slender Salamander and the Relictual 
Slender Salamander

Individual Needs
    The Kern Canyon slender salamander and the relictual slender 
salamander require bodies of surface water such as seeps, springs, and 
streams and associated riparian and mesic habitat. In addition, the 
salamanders require the presence of sufficient refugia consisting of 
debris such as woody debris, bark, leaf litter, rocks, and other cover 
objects within mesic and riparian habitats. There must be abundant 
interstitial spaces underneath debris or cover objects to facilitate 
resting, foraging, and movement of salamanders. Microclimates 
underneath debris or cover objects must be cool and moist as the Kern 
Canyon slender salamander and the relictual slender salamander are 
susceptible to desiccation.
    For the purpose of the SSA report and this proposed rule, the 
habitat factors considered most significant for the Kern Canyon slender 
salamander and the relictual slender salamander are seeps, springs, and 
streams; debris including woody debris, bark, leaf litter; and rocks 
that provide refugia within riparian and mesic habitats; cool and damp 
microhabitat conditions; and small invertebrate prey. Additionally, the 
Kern Canyon slender salamander and the relictual slender salamander 
require access to mates to carry out breeding (Service 2022a, p. 15; 
table 4).
Population Needs
    At the population level, we used the best available information to 
assess the resources and circumstances that most influence the 
resiliency of Kern Canyon slender salamander and relictual slender 
salamander populations. The population needs that we evaluate for this 
species are survival, dispersal, fecundity, and abundance. Because 
information is not available on population structure or size for either 
species, we consider geographic groups as a proxy for populations and 
thus discuss resiliency by geographic group. We do note that, since we 
have no information on population structure or dispersal, analyzing 
resiliency by geographic groups may over-estimate the resiliency of the 
Kern Canyon slender salamander and the relictual slender salamander, as 
the extent of geographic groups is greater than estimated average 
dispersal distance of the salamanders.
    With regard to survival, most of the individual needs identified 
above influence survival in a geographic group. Survival may be limited 
by both the quantity and quality of available habitat including the 
presence of seeps, springs, and streams; debris that provides refugia; 
and cool and damp microhabitats. However, we do not know how much 
suitable habitat is required to sustain geographic groups of either the 
Kern Canyon slender salamander or the relictual slender salamander. 
Survival is also affected by the availability of prey.
    No information is available on the dispersal distances of the Kern 
Canyon slender salamander and the relictual slender salamander. In 
general, slender salamanders are thought to have small home ranges and 
to be highly sedentary. The maximum distances traveled by

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other species of slender salamanders such as the Pacific slender 
salamander (Batrachoseps pacificus) and the California slender 
salamander (Batrachoseps attenuatus) is of 3.0-18.3 m (9.8-60.0 ft) 
(Hendrickson 1954, p. 12; Anderson 1960, p. 369; Cunningham 1960, p. 
96). The salamanders may travel to participate in communal nesting or 
to find mates. In order for dispersal to be successful, connected mesic 
and riparian habitats must contain sufficient prey and debris for 
refugia to allow juveniles or adults to move across the landscape, 
rest, forage, find mates, and begin breeding. However, we do not know 
how much habitat connectivity is required to sustain the geographic 
groups of the Kern Canyon slender salamander and relictual slender 
salamander. The Kern Canyon slender salamander and the relictual 
slender salamander have patchy distribution and there may be barriers 
to dispersal between areas of suitable habitat. Barriers to dispersal 
for the Kern Canyon slender salamander and the relictual slender 
salamander may include roads, activities that cause ground disturbance 
such as construction or trampling, and a lack of surface water or moist 
riparian habitat that act as corridors.
    Not much is known about the reproduction of the Kern Canyon slender 
salamander or the relictual slender salamander. In general, lungless 
salamanders (family: Plethodontidae) produce one clutch annually. The 
clutch sizes of the relictual slender salamander and the Kern Canyon 
slender salamander are unknown. However, visual counts indicate that 
gravid relictual slender salamanders carry between 16-22 eggs (Jockusch 
2021a, pers. comm.; Jockusch 2021b, pers. comm.). Many of the 
individual needs of the Kern Canyon slender salamander and the 
relictual slender salamander are expected to influence fecundity of the 
species, including availability of suitable aquatic and riparian 
habitats, debris for refugia, small invertebrate prey, and mates.
    While we do not have population estimates or a robust understanding 
of the abundance of the Kern Canyon slender salamander and the 
relictual slender salamander, many of the individual needs for the two 
species are expected to influence abundance. A variety of factors may 
regulate the numbers of the Kern Canyon slender salamander and the 
relictual slender salamander in each geographic group. These factors 
may be density-dependent (habitat quality, habitat abundance) or 
density-independent (climate). The salamanders require sufficient 
habitat to support population sizes large enough to recover from 
harmful events such as storms, droughts, or fires (environmental 
stochasticity). We discuss the potential impacts of such factors below, 
but we lack information regarding the amount of habitat and resulting 
population size that a single population would require to minimize such 
risks.
Species Needs
    At the species level, we consider the needs of the Kern Canyon 
slender salamander and the relictual slender salamander in terms of 
redundancy and representation. In this SSA report and this proposed 
rule, we evaluate the redundancy of the Kern Canyon slender salamander 
and the relictual slender salamander by considering the number and 
distribution of sites occupied by each species in relation to the scale 
of catastrophic events that are likely to occur, such as the average 
size of fires in the region.
    Regarding representation, in the absence of genetic data for the 
Kern Canyon slender salamander and the relictual slender salamander, we 
consider the breadth of environmental diversity for the species. In 
general, these salamander species are narrow endemics and do not have 
broad ranges that encompass large environmental variability. However, 
each of the salamander species occurs over a range of different 
elevations (Kern Canyon slender salamander: 451-1,676 m (1,480-5,500 
ft); relictual slender salamander: 1,219-1,920 m (4,000-6,300 ft)). Due 
to the differences in climate found throughout the range of elevation 
occupied by each species, slender salamanders are active on the surface 
during different seasons. These differences in climatic conditions and 
temporal behaviors may indicate genetic variability between geographic 
groups, which may help the Kern Canyon slender salamander and the 
relictual slender salamander adapt to future environmental variability.

Threats

    Following are summary evaluations of eight threats analyzed in the 
SSA report for the Kern Canyon slender salamander and the relictual 
slender salamander: roads (Factor A), recreation (Factor A), grazing 
(Factor A), timber harvest (Factor A), hazard tree removal (Factor A), 
infrastructure development (Factor A), fire (Factor A), and climate 
change (Factor E). We also evaluate existing regulatory mechanisms 
(Factor D) and ongoing conservation measures.
    In the SSA, we also considered four additional threats: 
Overutilization due to recreational, educational, and scientific use 
(Factor B); disease (Factor C); predation (Factor C); and effects 
associated with small population size (Factor E). We concluded that, as 
indicated by the best available scientific and commercial information, 
these threats are currently having little to no impact on either the 
Kern Canyon slender salamander or the relictual slender salamander, and 
thus their overall effect now and into the future is expected to be 
minimal. Therefore, we will not present summary analyses of those 
threats in this document, but we will consider them in our cumulative 
assessment of impacts to the species. For full descriptions of all 
threats and how they impact the species, please see the SSA report 
(Service 2022a, pp. 21-34).
    In considering the foreseeable future as it relates to the status 
of the Kern Canyon slender salamander, we considered the timeframes 
applicable to the relevant risk factors (threats) to the species and 
whether we could draw reliable predictions about future exposure, 
timing, and scale of negative effects and the species' response to 
these effects. We considered whether we could reliably assess the risk 
posed by the threats to the species, recognizing that our ability to 
assess risk is limited by the variable quantity and quality of 
available data about effects to the Kern Canyon slender salamander and 
its response to those effects. For the purposes of this assessment, we 
consider the foreseeable future for the Kern Canyon slender salamander 
to be 50 years. This time period represents our best professional 
judgment of the foreseeable future conditions related to the range of 
available climate change models and for reasonable extrapolations of 
current trends and the species' responses to those conditions.
Roads
    Roads may alter seeps, springs, and drainages and reduce 
microhabitat features that support the Kern Canyon slender salamander 
and the relictual slender salamander, such as soil moisture and cover 
objects, especially during road construction or maintenance projects 
(Marsh and Beckman 2004, pp. 1889-1890; Clipp and Anderson 2014, p. 
2690). Hydrologic effects are likely to persist for as long as the road 
remains a physical feature altering flow routing; these effects can 
often persist long after abandonment and revegetation of the road 
surface. Additionally, undersized or impaired culverts can degrade 
salamander habitat by flooding areas, changing stream dynamics, or 
rerouting

[[Page 63162]]

water such that it is no longer available to salamanders (Anderson et 
al. 2014, pp. 278-279). Roads can also act as barriers to movement and 
effectively isolate populations (Marsh et al. 2005, pp. 2006-2007). 
Furthermore, motor vehicle strikes may cause direct mortality of 
salamanders. However, because they are sedentary and nonmigratory, 
slender salamanders are considered to be at low risk of direct 
mortality by vehicle strikes (Brehme et al. 2018, p. 924).
    Numerous County and USFS roads throughout Sequoia National Forest 
and on privately owned land may impact the two salamander species and 
their habitat. Most notably, State Route 178 is a heavily trafficked 
road that passes through the historical range of the relictual slender 
salamander and the current range of the Kern Canyon slender salamander 
in the Lower Kern River Canyon. Construction of State Route 178 in 1933 
and subsequent repair, maintenance, and widening of the road altered 
drainages and degraded habitat occupied by the salamanders (Lannoo 
2005, pp. 688-693; USFS 2011a, p. 39). The highway's construction may 
have contributed to the extirpation of the relictual slender salamander 
from the Lower Kern River Canyon (Lannoo 2005, pp. 688-690; USFS 2011a, 
p. 39). The Kern Canyon slender salamander may also have been 
extirpated from sites in the Lower Kern River Canyon due in part to 
degradation of habitat from construction and enhancement of State Route 
178 (Lannoo 2005, p. 693; USFS 2011a, p. 39).
    Additionally, road construction associated with timber harvest in 
Sequoia National Forest has historically degraded habitat for the 
relictual slender salamander. On Breckenridge Mountain in the early 
1980s, a USFS logging road was rerouted through a portion of a seep 
occupied by the relictual slender salamander. The construction 
considerably modified the structure and hydrology of the seep and the 
number of relictual slender salamanders found at the site was reduced 
for the following 20 years (Jennings and Hayes 1994, p. 24; Jockusch et 
al. 2012, p. 18). The current land management plan for the Sequoia 
National Forest outlines standards to minimize the impact of existing 
roads on natural hydrologic flow and the impact of the construction of 
roads on wetlands, and to decommission and rehabilitate low-priority 
roads (USFS 2004, pp. 63, 65; USFS 2019a, p. 1555).
    Currently, there are no plans to construct additional roads in the 
range occupied by the species. Still, existing roads are impacting the 
Kern Canyon slender salamander and the relictual slender salamander 
through degradation of seep and spring habitat. Direct mortality also 
occurs through roadkill; however, because slender salamanders are 
sedentary and nonmigratory, they are considered to be at low risk of 
direct mortality by vehicle strikes. Though these effects are site-
specific and are not expected to rise to the level of population 
impacts, they are expected to continue into the foreseeable future.
Recreation
    Recreation that results in ground disturbance within occupied 
habitat may have direct and indirect impacts on the Kern Canyon slender 
salamander and the relictual slender salamander. Recreation that could 
impact slender salamanders includes dispersed camping (camping outside 
designated sites), hiking, and OHV use. Trails that pass through 
meadows, seeps, or springs have the potential to alter hydrology and 
reduce habitat suitability for the Kern Canyon slender salamander and 
the relictual slender salamander. Trails adjacent to occupied habitat 
have the potential to alter hydrology, which may result in the loss of 
mesic habitat or increased runoff and sedimentation that may negatively 
impact water quality and seep and spring habitat (Sack and da Luz 2003, 
entire; Meadows et al. 2008, entire). Additionally, trampling by 
hikers, bikers, pets, and OHVs on trails within occupied habitat has 
the potential to directly kill individual slender salamanders.
    Sequoia National Forest offers a variety of recreation activities 
for the public, including OHV trails, hiking, and camping; it receives 
more than one million visitors a year (USFS 2019a, p. 72). The Lower 
Kern River Canyon includes areas within the historical range of the 
relictual slender salamander and the current range of the Kern Canyon 
slender salamander that are high-use recreation areas. Parts of the 
eastern portion of Breckenridge Mountain within the range of the 
relictual slender salamander are moderate-use recreation areas (USFS 
2019a, figure 23, p. 129). Additionally, OHV trails are located by 
sites occupied by the relictual slender salamander on Breckenridge 
Mountain and the Kern Canyon slender salamander in the Lower Kern River 
Canyon.
    For most USFS trails, considerations have been made to determine 
the environmental impacts of the trails and adjustments have been made 
to minimize impacts (USFS 2004, pp. 59, 63, 65; USFS 2019a, p. 85). In 
the Lower Kern River Canyon within the historical range of the 
relictual slender salamander and the range of the Kern Canyon slender 
salamander, some areas have been gated off from OHVs to protect 
sensitive riparian habitat (USFS 2013, p. 7). In the 1980s, dispersed 
camping was restricted from some Sequoia National Forest lands in the 
Lower Kern River Canyon within the historical range of the relictual 
slender salamander and the range of the Kern Canyon slender salamander, 
but these lands remain open to OHVs and foot traffic (USFS 2011a, p. 
43). On Breckenridge Mountain in Sequoia National Forest within the 
range of the relictual slender salamander, dispersed camping is 
permitted and there is a designated primitive campground. Additionally, 
illegal user-made OHV trails are continually established in the Sequoia 
National Forest on Breckenridge Mountain within the range of the 
relictual slender salamander (USFS 2019b, pp. 109, 115).
    Recreation is currently impacting the Kern Canyon slender 
salamander and the relictual slender salamander through degradation of 
seep and spring habitat and possibly direct mortality of individuals, 
although these effects are site-specific. Though measures reducing the 
impact of this threat are in place due to forest management plans and 
effects are not occurring at the population level, some effects on 
seeps and springs and individual salamanders are expected to continue 
into the foreseeable future.
Grazing
    Cattle grazing and associated infrastructure (water troughs, 
corrals, loading chutes, and fences) have the potential for direct and 
indirect impacts to the Kern Canyon slender salamander and the 
relictual slender salamander. The mesic habitat used by salamanders is 
often in areas that livestock congregate in to seek shade, cooler 
bedding, and water (USFS 2011a, p. 45). Grazing can cause erosion of 
stream channels and can damage and reduce vegetative cover (Kauffman 
and Krueger 1984, pp. 431-434; Armour et al. 1994, pp. 9-12). Loss of 
vegetative cover from grazing has the potential to lower groundwater 
tables and summer flows (Kauffman and Krueger 1984, pp. 431-434; Armour 
et al. 1994, pp. 9-12). To provide water for livestock, water is 
sometimes diverted from springs and streams, limiting the extent of wet 
in-channel and riparian habitat. Formerly perennial seeps, springs, and 
streams may become intermittent or dry due to loss of water storage 
capacity in the aquifers that formerly sustained them. Further, heavy 
grazing or grazing

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incompatible with managing sensitive habitats can alter vegetative 
species composition and contribute to expansion of lodgepole pine 
(Pinus contorta) into areas that were formerly treeless (Ratliff 1985, 
pp. 33-36; Cole and Landres 1996, p. 171). Additionally, loss of 
vegetation cover caused by grazing and trampling can increase soil 
temperature and reduce soil moisture, thereby impacting the 
availability of suitable microclimate conditions for the Kern Canyon 
slender salamander and the relictual slender salamander (Riedel et al. 
2008, entire).
    In past decades, cattle grazing has severely degraded salamander 
habitat as grazing is concentrated at the bottom of narrow ravines 
where salamanders are found near the surface in higher densities 
(Lannoo 2005, pp. 688-693; USFS 2011a, p. 44). The rangelands of the 
Sequoia National Forest within the range of the Kern Canyon slender 
salamander and the relictual slender salamander have been grazed by 
livestock since the late 1800s (USFS 2019a, p. 5). Currently, grazing 
occurs throughout Sequoia National Forest, and most of the sites 
occupied by the Kern Canyon slender salamander and the relictual 
slender salamander are within grazing allotments. Grazing is managed by 
the current land management plan for the Sequoia National Forest (USFS 
2004, pp. 55-56, 65-66). The plan includes management strategies that 
limit grazing in fens, meadows, and riparian areas and may therefore 
benefit the Kern Canyon slender salamander and the relictual slender 
salamander (USFS 2004, pp. 65-66). Specific measures include 
inventorying of fens prior to reissuing of grazing permits to ensure 
desired species richness and implementing grazing limitations or 
suspensions necessary in the event of habitat degradation. In the last 
20 years, some riparian areas within the Lower Kern River Canyon and on 
Breckenridge Mountain have been fenced off to exclude livestock. 
Additionally, some sites occupied by the species within grazing 
allotments are in incidental use areas and may not be accessible to 
livestock because of rocky terrain.
    Grazing is currently impacting the Kern Canyon slender salamander 
and the relictual slender salamander through degradation of seep and 
spring habitat. The impact of grazing is particularly severe in some 
habitat types more than others, though grazing within USFS lands is 
managed to reduce impacts to sensitive riparian features. Still, 
grazing is occurring throughout the range of both species, and we 
expect it will continue to occur and impact Kern Canyon slender 
salamander and the relictual slender salamander populations into the 
foreseeable future.
Timber Harvest
    Timber harvest including commercial harvest, thinning treatments to 
reduce risk of fire, and snag removal post-fire or beetle-kill events 
has the potential to impact the Kern Canyon slender salamander and the 
relictual slender salamander through direct mortality and indirect 
impacts to habitat. Direct mortality may result from timber harvest 
involving the use of heavy equipment within the range of the species. 
Heavy equipment used for timber harvest may crush salamanders that are 
active on the surface. Aquatic and riparian habitats are impacted by 
timber harvest that takes place within the watershed due to increased 
runoff, erosion, and sedimentation, and the resulting changes in water 
flow, water quality, and stream morphology (Chamberlin 1982, entire).
    Additionally, timber harvest has the potential to indirectly affect 
the terrestrial salamanders through construction of new roads to 
support timber harvesting and bring in large equipment, removal of 
shade structure that is important for the thermal regulation of the 
environment and suitable microclimate conditions that support the Kern 
Canyon slender salamander and the relictual slender salamander and 
through removal of woody debris that salamanders need for refugia 
(Duvall and Grigal 1999; entire). No studies have focused on the 
effects of timber harvest on the Kern Canyon slender salamander and the 
relictual slender salamander, but several studies have found that the 
abundance of terrestrial salamanders decreases in areas that have been 
harvested for timber (Petranka et al. 1993, entire; deMaynadier and 
Hunter 1995, entire; Dupuis et al. 1995, entire; Ash 1997, entire; 
Herbeck and Larsen 1999, entire; Knapp et al. 2003, entire; Homyack et 
al. 2011, entire).
    Timber harvest on national forest lands within the range of the 
Kern Canyon slender salamander and the relictual slender salamander is 
managed by the land management plan for the Sequoia National Forest. 
The Revised Draft Land Management Plan for the Sequoia National Forest 
identifies 32,276 ha (79,755 ac) as suitable for timber production 
(USFS 2019b, p. 85). Areas classified as suitable for timber harvest 
encompass 6.3 percent of the estimated historical range of the 
relictual slender salamander and 0.5 percent of the estimated range of 
the Kern Canyon slender salamander. Additionally, Sequoia National 
Forest has had large tree mortality events due to drought conditions 
and beetle outbreaks and, therefore, may experience an increase in 
timber harvest of dead trees (Preisler et al. 2017, p. 166).
    In recent years, large tree mortality events due to drought 
conditions and beetle outbreaks have occurred in the Sequoia National 
Forest (Preisler et al. 2017, p. 166). The estimated number of dead 
trees in the Sequoia National Forest has increased annually for the 
past decade (USFS 2018, entire). It is likely that tree mortality will 
continue due to worsening drought conditions that will continue to 
weaken trees and increase susceptibility to bark beetles and disease, 
necessitating increased thinning to reduce the threat of fire in the 
National Forests (Millar and Stephenson 2015, pp. 823-826; Young et al. 
2017, pp. 78, 85). However, tree mortality is expected to be lower in 
wetter riparian areas along the seeps, springs, and streams that 
provide habitat for the Kern Canyon slender salamander and the 
relictual slender salamander.
    The majority of forest roads in the National Forests of the Sierra 
Nevada were built between 1950 and 1990 to support major increases in 
timber harvest (USFS 2001, p. 443). Most of the impact of timber 
harvesting and associated road development on habitats within the 
National Forests of the Sierra Nevada took place during the expansion 
period in the latter half of the 20th century. Over the last 20 years, 
timber harvest in the Sequoia National Forest has decreased 
substantially. Timber harvest is now managed by the current land 
management plan for the Sequoia National Forest (USFS 2019a, entire). 
Current forest standards and guidelines outline timber harvest 
practices that maintain minimum forest density requirements and 
increase retention of down logs and coarse woody debris, thereby 
possibly benefiting the Kern Canyon slender salamander and the 
relictual slender salamander by contributing to the availability of 
refugia. Current forest standards and guidelines provide protections 
for riparian areas, such as maintaining buffers during timber and 
vegetation management activities. Further, riparian areas are protected 
by mechanical equipment buffers and are generally not harvested. 
However, fire suppression has resulted in increased conifer density and 
decreased riparian herbaceous vegetation in riparian areas, which may 
lead to more timber management in riparian areas in the future (USFS 
2019b, pp. 109, 115).

[[Page 63164]]

    Although impacts to habitat from timber harvest have the potential 
for population-level effects on the Kern Canyon slender salamander and 
the relictual slender salamander, at present the best available 
information indicates current levels of timber harvest are not 
adversely affecting either species. However, the legacy effects of 
timber harvest activities such as roads and modified hydrology may 
continue to have localized impacts on the habitat condition of some 
sites occupied by the Kern Canyon slender salamander and the relictual 
slender salamander. Timber harvest to remove dead trees may also 
increase in the foreseeable future as a result of increased tree 
mortality, further impacting slender salamander habitat, though the 
percentage of impacted habitat is expected to be small.
Hazard Tree Removal
    The current land management plan for the Sequoia National Forest 
may call for removal of hazard trees in areas not suitable for timber 
production. Dead and dying trees and living trees that are deemed a 
risk to people or property may be removed along roads and trails and 
within wildfire areas (USFS 2019a, p. 170). Hazard tree removal is 
carried out for safety considerations and is not considered a component 
of a timber harvest system or commercial timber harvest. Hazard tree 
removal often takes place along existing roads and trails; because this 
activity does not necessitate the construction of additional forest 
roads, it likely has less impact on salamander habitat than timber 
harvest. Hazard tree removal may reduce fuel loads and thereby reduce 
the risk of high-severity wildfire within habitat occupied by the Kern 
Canyon slender salamander and the relictual slender salamander. As many 
of the sites occupied by the salamanders are near roads and trails, 
hazard tree removal is expected to occur at some of these sites within 
habitat occupied by both species. However, despite the impacts to 
salamander habitat, hazard tree removal is unlikely to result in 
salamander mortality as it does not generally involve the use of heavy 
equipment off existing roads and trails.
    Hazard tree removal results in localized effects on the habitat of 
the Kern Canyon slender salamander and the relictual slender salamander 
where removal of trees occurs in proximity to habitat occupied by the 
species and results in modification of seep, spring, or creek margin 
habitat. Hazard tree removal of dead and dying trees that are a risk to 
people or property may increase in the foreseeable future as a result 
of increased tree mortality, though the amount of habitat impacted by 
hazard tree removal is expected to be small.
Infrastructure Development
    Infrastructure development has had the greatest historical impact 
on habitat occupied by the relictual slender salamander and the Kern 
Canyon slender salamander. Damming of the Lower Kern River to form 
Isabella Lake in 1953 flooded areas in the Lower Kern River Canyon and 
prompted construction and expansion of State Route 178 and ongoing 
recreation development along the Lower Kern River. Flumes, tunnels, 
roads, and trails associated with the operation of the Kern River No. 1 
hydroelectric project and two placer mining claims are also present 
along the Lower Kern River within the historical range of the relictual 
slender salamander and the range of the Kern Canyon slender salamander 
(USGS 2021a, pp. 1-3; USGS 2021b, pp. 1-3).
    Ongoing maintenance is required for utility infrastructure 
including communication sites in the Lower Kern River Canyon and on 
Breckenridge Mountain and transmission lines and an electrical subunit 
in the Lower Kern River Canyon within the Sequoia National Forest. 
Maintenance of utilities can often be carried out from roads or already 
disturbed corridors where the Kern Canyon slender salamander and the 
relictual slender salamander are not expected to be found. However, 
utility crews may need to access off-road sites where the salamanders 
are found to replace or perform work on power poles. Equipment used for 
utility maintenance may cause direct mortality of salamanders by 
crushing salamanders that are active on the surface or damage habitat 
by altering seeps and springs. Infrastructure development associated 
with recreation, roads, hydroelectric projects, and utility maintenance 
has the potential to cause periodic habitat disturbance to sites 
occupied by the relictual slender salamander and the Kern Canyon 
slender salamander with impacts likely concentrated within the Lower 
Kern River Canyon.
    There has been discussion of a future large infrastructure project 
involving construction of a proposed reservoir within the estimated 
range of the Kern Canyon slender salamander; however, the project is in 
the preliminary planning process (Service 2022a, p. 27). Implementation 
of the proposed project within the range of the species could degrade 
seep and spring habitat. However, no information is available to 
suggest that infrastructure development associated with this project 
will take place within the habitat of the Kern Canyon slender 
salamander and the relictual slender salamander. Overall, though 
infrastructure development has affected the two species in the past, 
current impacts are limited to occasional maintenance activities in 
limited areas of the species' range, and we do not expect that there 
will be population-level impacts now or in the foreseeable future.
Fire
    Fire is a natural ecological process, and fires within the natural 
range of variation are generally considered beneficial to ecosystems in 
the Sierra Nevada. Over the long term, small, low-severity fires can 
improve habitat for fire-adapted plant species, create vegetation 
mosaics, and support nutrient cycling, thereby increasing resiliency of 
slender salamander habitat (Safford et al. 2012, entire). In contrast, 
very large fires with patches that burn at high severity, outside the 
natural range of variation, can remove forest cover and fragment 
habitat over large areas and long time periods.
    Current habitat conditions within the ranges of the Kern Canyon 
slender salamander and the relictual slender salamander may contribute 
to ongoing fire risk. Years of fire suppression in forests of the 
western United States have led to greater canopy cover from small and 
medium trees, higher biomass density, and more surface fuels (Parks and 
Abatzoglou 2020, p. 4). Historically, the mean fire return interval 
within the Sierra Nevada was 11-16 years with a mean fire size between 
200-400 ha (494-988 ac) and with 5 to 15 percent of that area burning 
at high severity (Safford and Stevens 2017, p. 7). Fire suppression 
over the last 100 years combined with extended droughts has led to 
increased fuel loads and changes in fire behavior with larger, more 
severe fires, and longer wildfire seasons in recent years (Miller and 
Safford 2012, p. 41; Mallek et al. 2013, p. 1; Safford and Stevens 
2017, pp. v-vi; Nigro and Molinari 2019, p. 20).
    From 1984 to 2017, forests in the western United States have 
experienced an eightfold increase in the annual area burned at high 
severity (Parks and Abatzoglou 2020, p. 4; Service 2022a, figure 8). 
Current fire return intervals within the estimated ranges of the Kern 
Canyon slender salamander and the relictual slender salamander are 56-
81 years (USFS 2011b, unpaginated). Additionally, the mean size of 
fires in the Sierra Nevada over the past 30 years has increased to 
approximately 1,400 ha (3,459 ac) with 30 to 35 percent of the

[[Page 63165]]

burn area at high severity (Safford and Stevens 2017, p. 8).
    Little is known about the impact of fire on terrestrial salamanders 
and their habitat. In general, riparian areas burn less frequently and 
at lower severity. However, fires may have large impacts on the Kern 
Canyon slender salamander and the relictual slender salamander due to 
their low mobility and small range sizes. Fires that burn at low and 
moderate severity and occur at low elevations during the dry summer, 
when the salamanders are most likely sheltering in underground burrows, 
may have minimal effects. However, at higher elevations, salamanders 
are thought to be active on the surface during the summer, and fires 
that burn at low to moderate severity may result in mortality of 
salamanders.
    Throughout the range of the Kern Canyon slender salamander and the 
relictual slender salamander, high-severity fires are especially likely 
to result in direct mortality to both salamanders on the surface and 
those sheltered underground, due to radiating heat and loss of soil 
moisture, as temperatures at the soil-litter interface can reach 482-
648 [deg]C (900-1,200 [deg]F) (Sampson 1944, p. 62). Individuals more 
than a few inches below the soil surface may survive the high-severity 
fire but will then have reduced or no surface cover and reduced or no 
invertebrate prey community until the landscape recovers. Additionally, 
because high-severity fire can reduce canopy cover and remove 
insulating groundcover soil, temperatures in the top 10 centimeters 
(3.9 in) of soil in recently burned stands can be 5-10 [deg]C (9-18 
[deg]F) higher than in late successional stands, affecting the 
availability of suitable microclimate conditions for the salamanders 
following fires (Liu et al. 2005, p. 8; Treseder et al. 2004, p. 1831).
    Furthermore, fire residence time may also influence the impact of 
fires on the Kern Canyon slender salamander and the relictual slender 
salamander as fires that burn at low severity for a long time may 
result in more direct mortality of salamanders than high-severity fires 
that move through the area quickly. Post-fire increases in soil 
temperature can be accompanied by long-term decreases in soil moisture 
and increases in soil water repellency, which may result in dry 
conditions that are intolerable for the Kern Canyon slender salamander 
and the relictual slender salamander (DeBano 2000, p. 196; Holden et 
al. 2013, p. 39). After fires occur, habitat may also be degraded by 
increased soil erosion, runoff, and sedimentation (Benavides-Solorio 
and MacDonald 2001, entire; Robichaud and Waldrop 1994, entire; Spigel 
and Robichaud 2007, entire). More research is necessary to better 
understand the relationships between wildfires, salamanders, and their 
habitat.
    Large, catastrophic fire cannot be completely addressed by 
regulatory mechanisms. However, some management actions can reduce the 
potential severity or size of wildfires (Agee and Skinner 2005, entire; 
Safford et al. 2009, entire). Fuel reduction treatments, such as 
prescribed fire and mechanical thinning, can reduce the severity of a 
future fire (Agee and Skinner 2005, entire; Safford et al. 2009, 
entire). We have a limited understanding of the trade-off between 
impacts from conducting fuels treatments to prevent or reduce future 
fires and impacts from fires themselves to salamanders and their 
habitat (see sections on Timber Harvest and Hazard Tree Removal above). 
Fuels treatments that are carried out within habitat occupied by the 
salamanders may cause ground disturbance or result in modification of 
seep, spring, or creek margin habitat. Two species of terrestrial 
salamanders in the Sierra Nevada, the Sierra ensatina (Ensatina 
eschscholtzi platensis) and the gregarious slender salamander 
(Batrachoseps gregarius), were found to still be present after 
prescribed fire applications were conducted in the spring (Bagne and 
Purcell 2009, entire). However, fuel reduction treatments may not 
prevent catastrophic damage in an extreme fire event (Peterson et al. 
2003, p. 3).
    Additionally, if a wildfire becomes a threat to infrastructure, 
fire retardant may be used in areas occupied by the Kern Canyon slender 
salamander and the relictual slender salamander that are in proximity 
to development in the Lower Kern River Canyon and on Breckenridge 
Mountain. Fire retardants may negatively impact the survival of 
salamanders as fire retardants such as polybrominated diphenyl ethers 
can decrease survivorship and slow development and growth in amphibians 
(Coyle and Karasov 2010, pp. 136-138). Furthermore, post-fire 
restoration involving large machinery has the potential to impact 
salamander habitat through ground disturbance or result in direct 
mortality of salamanders that are active on the surface. Fire and 
management activities related to fire suppression and post-fire 
restoration may affect the Kern Canyon slender salamander and the 
relictual slender salamander through degradation of aquatic, mesic, and 
riparian habitats, loss of suitable cool and damp microclimates, loss 
of prey, and possibly direct mortality of individuals.
    Because of the small ranges of the Kern Canyon slender salamander 
and the relictual slender salamander, entire geographic groups could be 
extirpated by fire, thus reducing species redundancy, and potentially 
causing loss in ecological representation. The mean size and intensity 
of fires has increased in the past decades. The trend in increasing 
annual area burned at high severity is expected to continue into the 
foreseeable future as a result of increasingly warmer and drier fire 
seasons due to climate change (Parks and Abatzoglou 2020, p. 6).
Climate Change
    Climate change is the change in the mean or variability of one or 
more measures of climate that persist for an extended period, whether 
the change is due to natural variability or human activity (IPCC 2013, 
p. 1450). The climate has been warming at an unprecedented rate since 
the 1950s, and is likely to continue to increase, causing not only 
warmer conditions but also an increase in the intensity of storms (IPCC 
2013, p. 4). The recent changes in climate are attributed to increased 
greenhouse gas emissions in the atmosphere, which are likely to 
continue to increase (IPCC 2013, pp. 4, 11-12, 19).
    In California, the annual average temperatures have increased by 
about 0.8 [deg]C (1.5 [deg]F) since 1895 (Kadir et al. 2013, p. 38). 
Additionally, extreme heating events have increased throughout the 
State (Kadir et al. 2013, p. 48). Specifically, in the Sierra Nevada 
region, mean annual temperatures have generally increased by around 
0.5-1.4 [deg]C (1.0-2.5 [deg]F) over the past 75-100 years (North 2012, 
p. 25). These trends are projected to continue, by all modern climate 
models, and to accelerate during coming decades. Within the Sierra 
Nevada, changes in climate are expected to vary in magnitude across the 
region with quicker warming trends and changes in precipitation at 
highest elevations (Dettinger et al. 2018, p. 5). The annual mean 
temperatures across the region are projected to warm by 1.0 [deg]C (2.0 
[deg]F) by 2039 and by 2.5 [deg]C (4.5 [deg]F) by 2040-2069 as 
predicted by the average of 10 climate models (Abatzoglou 2013, entire; 
Pierce et al. 2013, p. 844; Hegewisch et al. 2018, unpaginated). 
Additionally, in the summer months of June, July, and August, mean 
temperatures are projected to increase by 3.3 [deg]C (5.9 [deg]F) by 
2040-2069 in the Sierra Nevada region (Pierce et al. 2013, p. 842; 
Hegewisch et al. 2018, unpaginated).

[[Page 63166]]

    With increasing temperatures and less snowfall, salamanders that 
occur at high elevations (such as relictual slender salamanders on 
Breckenridge Mountain) may experience extended periods of favorable 
conditions and may increase the time they spend on the surface until 
climatic conditions approach and surpass physiological limits. While 
temperature increases at high elevation may be within the thermal 
tolerances of the Kern Canyon slender salamander and the relictual 
slender salamander, temperature increases at low elevation may exceed 
salamander tolerances (Caruso and Rissler 2019, p. 12). At higher 
temperatures, salamanders must increase feeding frequency to maintain 
energy balances (Huey and Kingsolver 2019, entire). If salamanders are 
not able to increase feeding frequency or if prey are not available in 
sufficient quantities, then increased metabolism caused by temperature 
increases may have geographic group-level demographic consequences, 
such as decreased body sizes and growth rates (Caruso et al. 2014, p. 
1,757; Mu[ntilde]oz et al. 2016, p. 8,744). Reductions in body size 
could lead to delayed maturity or reduced fecundity, ultimately leading 
to geographic group declines.
    Future precipitation is predicted to vary less than temperature; 
long-term mean annual changes may be no more than plus or minus 10-15 
percent of current totals (Dettinger et al. 2018, p. 5). However, 
precipitation extremes (both as deluge and drought) are expected to 
increase markedly under climate change (Dettinger et al. 2018, p. 5). 
As a result of projected warming, the transition from rain to snow 
during a storm is expected to rise by 457-914 m (1,500-3,000 ft) 
(Dettinger et al. 2018, p. 21). Sierra Nevada snowpacks will be 
unlikely to form below about 1,829 m (6,000 ft) elevation, and 
snowpacks will be reduced by more than 60 percent across most of the 
Sierra Nevada by the end of the century (Dettinger et al. 2018, p. 21). 
Losses of snowpack may be even greater due to feedback loops with 
warming trends causing snow cover losses, and snow cover losses 
resulting in warmer land surfaces, and thus enhanced warming trends in 
turn (Dettinger et al. 2018, p. 5). The higher snow-dominated 
elevations from 2,000-2,800 m (6,560-9,190 ft) will be the most 
sensitive to temperature increases (Point Blue 2011, p. 23). Seeps and 
springs fed by snowmelt may dry out or be more ephemeral during the 
non-winter months (Point Blue 2011, p. 24). This pattern could 
influence groundwater transport, and seeps and springs may be similarly 
depleted, leading to lower water levels and decreased area and 
hydroperiod (that is, duration of water retention) to support suitable 
habitat for the Kern Canyon slender salamander and the relictual 
slender salamander. More precipitation falling as rain and increased 
early snow melt is also expected to result in greater winter streamflow 
and floods that may impact salamander habitat by causing erosion of 
salamander habitat in stream margins (Dettinger et al. 2018, p. 5).
    As a result of warmer temperatures, with corresponding tendencies 
for more rainfall, less snowfall, and earlier snowmelt, water will tend 
to exit bodies of surface water at high elevations earlier in the year 
(Harpold et al. 2015, entire). Additionally, the water that remains in 
habitats will evaporate and be used by plants more quickly due to 
warmer temperatures and increased evapotranspiration rates, so that by 
summer, soil moisture will be low (Harpold et al. 2015, entire). The 
average historical climatic water deficit, or the additional water that 
would have evaporated or transpired had it been present in the soils 
given the temperature, from 1990 to 2010 in the southern Sierra Nevada 
within the range of the Kern Canyon slender salamander and the 
relictual slender salamander is 840.6 mm (33.1 in) (Hegewisch et al. 
2018, unpaginated). By 2039, the 20-year average climatic water deficit 
is projected to increase by 2.0-69.1 mm (0.1-2.7 in) and, by 2069, the 
20-year average is projected to increase by 75.6-200.9 mm (3.0-7.9 in) 
(Hegewisch et al. 2018, unpaginated). Furthermore, total soil moisture 
in the summer is expected to decrease in areas at high elevation on 
Breckenridge Mountain (Hegewisch et al. 2018, unpaginated).
    The Kern Canyon slender salamander and the relictual slender 
salamander will likely be impacted by climate change, but the full 
extent of impacts that climate change may have on terrestrial 
salamanders is poorly understood. Changing climatic conditions may have 
direct impacts on salamander physiology, survival, reproduction, 
recruitment, and population growth. Additionally, climate change may 
have indirect impacts on the species including changes in habitat 
quantity and quality, and prey distribution and abundance. For the Kern 
Canyon slender salamander and the relictual slender salamander to 
successfully forage and meet their energy requirements, temperature and 
moisture conditions must be suitable in adequate durations. Reduced 
sedimentary moisture may impact the survival of the Kern Canyon slender 
salamander and the relictual slender salamander by further constraining 
the time that the salamanders can be active on the surface. Reduced 
ambient moisture may also decrease the amount of suitable microhabitat 
for breeding and rearing as the salamanders are thought to need cool 
and damp protected microhabitat for egg laying. Additionally, warmer, 
and drier fire seasons due to climate change are predicted to result in 
more frequent fires burning at high severity (Parks and Abatzoglou 
2020, entire).
    Overall, the Sierra Nevada region is likely to be much drier in the 
future and the climatic water deficit will increase over the next 50 
years due to climate change (Dettinger et al. 2018, p. 23; Hegewisch et 
al. 2018, unpaginated). Climate change is expected to affect the Kern 
Canyon slender salamander and the relictual slender salamander through 
degradation of seep and spring habitat, loss of suitable microhabitat 
conditions, and possibly, reduction in survival and fecundity of 
salamanders with risk varying across habitat type and elevation.

Conservation Efforts and Regulatory Mechanisms

    The Kern Canyon slender salamander is listed in the State of 
California as a threatened species. As a threatened species under the 
CESA, ``take,'' which is described as hunt, pursue, catch, capture, or 
kill, or attempt to hunt, pursue, catch, capture, or kill, of the Kern 
Canyon slender salamander is prohibited. The relictual slender 
salamander is designated as a California Species of Special Concern. 
The Species of Special Concern designation carries no formal legal 
protection; the intent of the designation is to focus attention on 
animals of conservation risk, stimulate research on poorly known 
species, and achieve conservation and recovery of these animals before 
they meet criteria for listing as threatened or endangered.
    The Kern Canyon slender salamander and the relictual slender 
salamander are designated by the USFS as Species of Conservation 
Concern. The USFS land management plans are designed to consider the 
needs of the Species of Conservation Concern and guide management that 
sustains habitat or conditions to support or restore populations of 
Species of Conservation Concern. While the current draft land 
management plan for Sequoia National Forest does not include specific 
measures for the Kern Canyon slender salamander or the relictual 
slender salamander, the land management plan outlines desired habitat 
management conditions for riparian areas which,

[[Page 63167]]

upon implementation, will provide a habitat benefit for the species.

Current Condition

    We describe the current condition of the Kern Canyon slender 
salamander and the relictual slender salamander by characterizing their 
status in terms of resiliency, redundancy, and representation. We 
analyze the current conditions of each geographic group of each species 
by considering the threats and their effects on individual and 
population needs. The analysis of the current condition of each 
geographic group, which we use as a proxy for populations due to 
limited data on the two species, allows us to assess geographic group 
resiliency.
    There are no population estimates for the Kern Canyon slender 
salamander or the relictual slender salamander. In the absence of 
population estimates, our analysis of the current condition of 
geographic groups is limited to the available records of observations 
for the species and the distribution of threats across the landscape. 
Many of the recorded observations of the species are from sites that 
were surveyed only once 30-40 years ago, and we have no more current 
information on the presence or absence of individuals from these sites. 
In these cases, there is uncertainty in assessing the current condition 
of the salamanders at the site. The lack of information on population 
size and structure of the Kern Canyon slender salamander and the 
relictual slender salamander and the absence of robust records of 
observations contributes to uncertainty in the analysis of the current 
condition of the species.
Kern Canyon Slender Salamander Current Condition
    As discussed above in Background, the Kern Canyon slender 
salamander is currently considered extant at 8 sites in the Lower Kern 
River Canyon geographic group and the Erskine Creek Canyon geographic 
group. Species experts indicate that the sites within the Lower Kern 
River Canyon have been searched for the species in recent years; 
however, the species has not been found during these searches (Jockusch 
2021b, pers. comm.). Because survey results are reported only when the 
species is present (that is, a positive survey) and not reported when 
the species is not encountered (that is, a negative survey), our 
analysis of the current condition of the species is limited to only 
positive surveys. Without documentation of negative surveys at these 
locations, we are unable to determine whether the species has been 
extirpated from these areas or if the species is still present but the 
current level of survey effort is inadequate to detect them. Species 
experts also indicate that the abundance of the species has declined 
across the range of the species (Jockusch 2021b, pers. comm.). 
Furthermore, the Kern Canyon slender salamander is currently found in 
wet patches of habitat in riparian habitat and the species no longer 
seems to occupy open grassland habitat (Jockusch 2021b, pers. comm.).
    Lower Kern River Canyon Geographic Group--The Lower Kern River 
Canyon geographic group is composed of 11 historically occupied sites 
in the small streams, seeps, and springs adjacent to the Lower Kern 
River, south of Isabella Lake to Stark Creek. Communication with 
species experts indicates that the Kern Canyon slender salamander may 
be largely or entirely extirpated from the nine sites within the Lower 
Kern River Canyon that are to the west of the two easternmost sites 
near Miracle Hot Springs (Jockusch 2021b, pers. comm.). Roads, 
recreation, grazing, infrastructure, fire, and climate change are 
currently impacting this geographic group.
    Development and roads (including State Route 178) are present 
throughout the Lower Kern River Canyon. The area has high recreation 
use with many access roads, trails, and camping areas (Service 2022a, 
figure 16). Dispersed camping was prohibited at some camp sites along 
the Lower Kern River beginning in the 1980s; therefore, impacts of 
recreation in this area have likely decreased since that time. Grazing 
takes place throughout the Lower Kern River Canyon and sensitive canyon 
bottom habitat has been degraded by ground disturbance and trampling by 
livestock (USFS 2011a, p. 44; Service 2022a, figure 17). However, 
between 2003 and 2004, three springs within Dougherty Canyon were 
fenced to exclude livestock and to protect the riparian vegetation 
associated within the area of three of the sites occupied by Kern 
Canyon slender salamander (USFS 2011a, p. 76).
    Commercial timber harvest has not occurred in the area (Service 
2022a, figure 18). However, tree mortality associated with drought and 
insect outbreaks has occurred in proximity to occupied sites, which may 
result in timber harvest to remove dead trees and hazard tree removal 
along State Route 178, USFS roads, or trails. Additionally, there is an 
electrical substation within 1,100 m (3,609 ft) of the easternmost site 
of this geographic group, and a transmission line runs south from the 
substation passing within 900 m (2,953 ft) of the same site (Service 
2022a, figure 20). The impact of maintenance of this utility 
infrastructure on Kern Canyon slender salamander habitat may be low due 
to the distance between the utility infrastructure and the patches of 
habitat occupied by the species. From 1988-2017, this geographic group 
experienced frequent fires at a range of severities that may have 
impacted the condition of habitat (Service 2022a, figure 21). Moreover, 
fire suppression has affected riparian habitat by increasing conifer 
density and decreasing riparian herbaceous vegetation (USFS 2019b, p. 
104). The fire threat remains high to very high throughout the canyon 
(Service 2022a, figure 22).
    No information is available on dispersal or the availability of 
mates within the Lower Kern River Canyon. However, species experts have 
opined that the abundance of the Kern Canyon slender salamander has 
declined across its range (Jockusch 2021b, pers. comm.). Additionally, 
all sites are 300 m (984 ft) or more apart, and a high density of roads 
and trails extends throughout the canyon. Therefore, dispersal and 
access to mates in this geographic group is likely limited given the 
poor dispersal ability of slender salamanders and the small numbers of 
individuals that have been observed in the Lower Kern River Canyon. 
Considering the threats currently impacting this species, the habitat 
characteristics of seeps, springs, and streams; cool, damp 
microhabitats; and debris are likely degraded.
    Overall, the resiliency of the Lower Kern River Canyon geographic 
group is reduced from historical conditions due to the possible 
extirpation of the species from many sites within the geographic group 
and ongoing threats to habitat from road construction and maintenance, 
recreation, grazing, fire, infrastructure development, and climate 
change.
    Erskine Creek Canyon Geographic Group--The Erskine Creek Canyon 
geographic group is made up of four sites along Erskine Creek, two 
sites along Bodfish Creek, and one site near Eagle Peak in the Piute 
Mountains. This geographic group is likely small due to the patchy 
habitat distribution and the small number of individuals that have been 
observed over limited surveys. Dispersal may be limited as the occupied 
sites within this geographic group are separated by 350 m (1,148 ft), 
which is greater than the maximum distance traveled by slender 
salamanders. However, due to the presence of contiguous suitable 
habitat between the closest occupied sites along Erskine Creek, it is 
possible that the creek and associated riparian habitat may facilitate 
dispersal of the Kern

[[Page 63168]]

Canyon slender salamander among sites along the creek.
    This geographic group experiences many of the same threats that 
were described for the Lower Kern River Canyon geographic group, though 
the sites of this geographic group are set back and separated from 
State Route 178, the electrical substation, and power lines. However, 
dirt roads run along both Erskine Creek and Bodfish Creek. Fires of 
moderate and high severity in 1984 and 2010 likely degraded habitat in 
this geographic group (Service 2022a, figure 21), and the fire threat 
remains very high throughout the area (Service 2022a, figure 22). 
Additionally, this geographic group is outside of Sequoia National 
Forest, so the Kern Canyon slender salamander does not receive the same 
conservation measures as it does in Sequoia National Forest. Overall, 
the current condition of this geographic group is likely better than 
the Lower Kern River Canyon geographic group as habitat outside of the 
Lower Kern River Canyon is less impacted by recreation and grazing. 
However, less is known about land management outside of the National 
Forest. The resiliency of this geographic group is likely reduced from 
historical conditions due to reduced abundance across the range of the 
species as well as past and ongoing habitat degradation from road 
construction and maintenance, fire, and climate change.
    Kern Canyon Slender Salamander Current Condition Summary--Overall, 
there is uncertainty in the current condition of both geographic groups 
as there is limited recent information on this species. The resiliency 
of the two geographic groups is likely reduced from historical 
conditions due to the existing threats to the species, especially 
within the Lower Kern River Canyon, and the decline in abundance of the 
species across its range. Additionally, the species may be largely or 
entirely gone from many sites within the Lower Kern River Canyon. The 
redundancy of the species is likely reduced from historical conditions, 
as the species currently occupies fewer sites that are distributed over 
a narrower range. In relation to the scale of catastrophic events that 
are likely to occur, such as the size of fires, the redundancy of the 
species is limited. In terms of representation, the species is no 
longer found in open grasslands. Therefore, the species may currently 
persist in a limited ecological setting that is reduced from historical 
conditions.
Relictual Slender Salamander--Current Condition
    As discussed in Background, the relictual slender salamander 
historically occupied 13 sites that we categorized into three 
geographic groups: the Lower Kern River Canyon geographic group, the 
Lucas Creek geographic group, and the Squirrel Meadow geographic group. 
The relictual slender salamander is presumed to be extirpated from all 
sites within the Lower Kern River Canyon geographic group. The two 
extant geographic groups are associated with patchy mesic habitat in 
conifer forest and oak woodland on Breckenridge Mountain (Hansen 2021, 
pers. comm.). The habitat currently occupied by the species is 
estimated to consist of less than 0.4 ha (1 ac) (Hansen 2021, pers. 
comm.). The current condition of the relictual slender salamander has 
been impacted by road construction, grazing, timber harvest, hazard 
tree removal, fire, and climate change.
    Lucas Creek Geographic Group--The Lucas Creek geographic group is 
composed of three sites near Lucas Creek on Breckenridge Mountain. 
Within this geographic group, relictual slender salamanders have been 
observed only in pairs or small numbers. It is unknown whether 
dispersal occurs among sites within this geographic group. The occupied 
sites are separated by 350 m (1,148 ft) or more, which is beyond the 
maximum distance traveled by slender salamanders (18.3 m (60.0 ft) 
(Cunningham 1960, p. 96). However, Lucas Creek and associated riparian 
and meadow habitats may facilitate dispersal of relictual slender 
salamanders to occupied sites that are found along the creek and its 
tributaries. Dispersal between the Lucas Creek geographic group and the 
Squirrel Meadow geographic group is not thought to occur regularly as 
the geographic groups are separated by 5 km (3.1 mi).
    The threats that are likely currently impacting this geographic 
group are road construction and maintenance, recreation, timber 
harvest, hazard tree removal, grazing, fire, and climate change. A 
county road runs between the sites in this geographic group and there 
are several USFS roads and trails throughout the area (Service 2022a, 
figure 10). All sites are within the Breckenridge grazing allotment 
(Service 2022a, figure 11). Grazing is allowed from April 1 to October 
15, when salamanders on Breckenridge Mountain have been found active on 
the surface (Stewart 2010, p. 10). USFS timber harvest has taken place 
near all sites within this geographic group in 1987, 1988, 1996, and 
2013, and habitat at these sites may still be impacted by legacy 
effects of these timber harvests (Service 2022a, figure 12). 
Additionally, extensive tree mortality necessitating hazard tree 
removal has occurred near Lucas Creek and its tributaries (Service 
2022a, figure 13). This geographic group has not been impacted by fire 
since 1984. However, the fire threat as measured by CAL FIRE is high to 
very high at the sites within this geographic group (Service 2022a, 
figure 14, figure 15).
    Considering the ongoing threats to this geographic group and the 
impacts of these threats, the habitat characteristics of seeps, 
springs, and streams; cool and damp microhabitat; and debris may be 
degraded. Dispersal may be restricted by the distance between occupied 
sites and the presence of roads, trails, and timber harvest. Regarding 
resiliency, this geographic group may be vulnerable to stochastic 
events because of its small size and the ongoing threats to habitat.
    Squirrel Meadow Geographic Group--The Squirrel Meadow geographic 
group includes five sites occupied by the relictual slender salamander 
on Breckenridge Mountain to the east of Lucas Creek. We lack specific 
information on the exact location of the three sites associated with 
Mill Creek and the site within the Flying Dutchman drainage (table 1). 
At the site northeast of Squirrel Meadow, the relictual slender 
salamander is found within a strip of moist habitat about 1 m (3.3 ft) 
wide that is sustained by a seep (Jockusch 2021a, pers. comm.). The 
habitat at this site was damaged when a logging road was rerouted 
through the seep in the early 1980s (Jockusch et al. 2012, p. 18). 
Following these events, only four relictual slender salamanders were 
found at the site in 1983 and no individuals were found at the site 
during targeted searches over the following 20 years (Jennings and 
Hayes 1994, p. 24; Jockusch et al. 2012, p. 18; CNDDB 2022, 
unpaginated). A subsequent wildfire in 1988 that burned at low and 
moderate severity further compromised habitat at the site (Service 
2022a, figure 14; Jockusch et al. 2012, p. 18).
    In recent years, the relictual slender salamander appears to have 
rebounded at the site, as 15 salamanders were found in 2017 and 7 
salamanders were observed in 2021 (Jockusch 2021a, pers. comm.; 
Jockusch 2021b, pers. comm; CNDDB 2022, unpaginated). Additionally, 9 
of the salamanders found in 2017 were gravid females that were found 
associated with a communal

[[Page 63169]]

nest with at least 200 eggs (Jockusch 2021a, pers. comm.).
    Road construction, timber harvest, hazard tree removal, fire, 
climate change, and possibly grazing have impacted the relictual 
slender salamander in this geographic group. As mentioned above, a USFS 
road runs directly through the seep that provides important habitat for 
this geographic group, and other roads are located adjacent to the site 
(Service 2022a, figure 10). The site northeast of Squirrel Meadow is 
outside of the boundaries of USFS grazing allotments (Service 2022a, 
figure 11). However, other sites are within the Breckenridge grazing 
allotment (Jockusch 2021b, pers. comm.). Additionally, timber harvest 
in 2013 and extensive tree mortality have occurred along the roads near 
the site northeast of Squirrel Meadow (Service 2022a, figure 12, figure 
13). The fire threat is very high for this geographic group (Service 
2022a, figure 15). Dispersal among sites in this geographic group is 
unknown but may be limited between sites that are within different 
drainages and separated by roads.
    Considering the past threats that considerably altered habitat and 
the ongoing threats of road maintenance, grazing, fire, and climate 
change, the habitat characteristics of seeps, springs, and streams; 
cool and damp microhabitats; and debris are likely degraded. Overall, 
the resiliency of this geographic group is reduced from historical 
conditions due to habitat degradation and the ongoing threats to the 
habitat.
    Relictual Slender Salamander Current Condition Summary--Of the 
three known geographic groups of the relictual slender salamander, two 
are extant and one is presumed to be extirpated. The two extant 
geographic groups, Lucas Creek and Squirrel Meadow, are both on 
Breckenridge Mountain and are approximately 5 km (3.1 mi) apart. The 
extant geographic groups are composed of only a few occupied sites that 
have been impacted by stressors and continue to be influenced by some 
stressors. Therefore, the geographic groups likely have reduced 
resiliency from historical conditions. In terms of redundancy, the 
ability of the species to withstand catastrophic events, we note that 
the species has reduced redundancy from historical conditions as the 
species occupies fewer sites that are distributed over a smaller area 
due to the extirpation of the Lower Kern River Canyon geographic group. 
In relation to the scale of catastrophic events that are likely to 
occur, such as the size of recent fires in the Sierra Nevada region, 
the redundancy of the species is very limited, and one fire could 
result in extinction of the species. The extirpated Lower Kern River 
Canyon geographic group included characteristics that were unique to 
the geographic group including habitat at lower elevation and 
salamanders that exhibited different periods of seasonal surface 
activity. The species may have lost genetic and ecological diversity 
through the extirpation of the Lower Kern River geographic group. Both 
extant geographic groups are found in similar habitat at high 
elevations on Breckenridge Mountain. Therefore, in terms of 
representation, the species currently exists in a limited ecological 
setting that is reduced from historical conditions.

Future Condition

    We now will present our analysis of the future conditions of the 
Kern Canyon slender salamander, considering how those past and current 
factors discussed will continue to act on the species into the future 
for our foreseeable future timeframe of 50 years. While our analysis of 
the future conditions of the Kern Canyon slender salamander is based on 
the best scientific information available, substantial uncertainty 
remains in our understanding of these species and how they will respond 
to future conditions. The uncertainty in the current distribution and 
current condition of the Kern Canyon slender salamander contributes 
uncertainty to our assessment of the long-term future viability of the 
species.
    As part of the SSA, we also developed two future condition 
scenarios to capture the range of uncertainties regarding future 
threats and the projected responses by the relictual slender 
salamander. Our scenarios examined possible future impacts of climate 
change, timber harvest, hazard tree removal, and fire. Because we 
determined that the current condition of the relictual slender 
salamander was consistent with an endangered species (see Determination 
of Status for the Kern Canyon Slender Salamander and the Relictual 
Slender Salamander, below), we are not presenting the results of the 
future scenarios in this proposed rule. Please refer to the SSA report 
(Service 2022a, pp. 42-50) for the full analysis of future scenarios.
    The future scenarios consider the interactive effects of future 
climate change, described by RCP scenarios contributed by the Working 
Group III to the Fifth Assessment Report and described in the most 
recent Synthesis Report of the Intergovernmental Panel on Climate 
Change (IPCC 2014, pp. 9, 22, 57). In our future conditions analysis, 
we consider the ``intermediate'' emissions scenario of RCP 4.5 
(Scenario 1) and the ``very high'' emissions scenario of RCP 8.5 
(Scenario 2).
    Under both future scenarios, the threats that interact 
synergistically with climate change are expected to grow in magnitude 
over time with increasing greenhouse gas emissions. The threat of fire 
is associated with the effects of climate change, such as increased 
drought, lower soil moisture, and decreased snowpack. Therefore, fire 
will continue to be a threat into the future with greater fire threat 
associated with increasing greenhouse emissions. We expect the pattern 
of increasing severity of fire and area burned in fires will continue 
to increase into the future under both future scenarios, with greater 
increases under Scenario 2. Additionally, timber harvest of dead trees 
and hazard tree removal will continue to increase in magnitude in the 
future with increasing greenhouse gas emissions, as drought conditions 
will continue to weaken trees and make them more susceptible to 
herbivory and disease. We do not have information to indicate that the 
existing threats of roads, recreation, grazing, and infrastructure will 
change in magnitude in the future. Furthermore, we have limited 
information on predation of the Kern Canyon slender salamander, but 
there is no indication that predation will increase from current levels 
in the future. As most of the range of the salamander is within 
National Forest lands where it is considered a USFS Species of 
Conservation Concern, the USFS is expected to continue to minimize the 
impacts of the threats posed by land management activities into the 
future. Therefore, these existing threats are expected to persist at 
the same magnitude as under the current condition for both future 
scenarios.
    We examine the resiliency, redundancy, and representation of the 
Kern Canyon slender salamander under both plausible scenarios. 
Resiliency of geographic groups of this species depends on the 
availability of seeps, springs, and streams; cool and damp 
microhabitat; small invertebrate prey; and mates; and how these habitat 
factors influence species survival, dispersal, fecundity, and 
abundance. As we have a limited understanding of the species biology 
and the current condition of the species, our ability to predict the 
future condition of the species based on changes in availability of 
individual and population needs is somewhat limited. However, we can 
predict the magnitude

[[Page 63170]]

of threats to the species under the future scenarios and their impact 
on the viability of geographic groups of the Kern Canyon slender. We 
expect geographic groups of this salamander species to experience 
different changes to its habitat under these scenarios. We discuss the 
expected future resiliency of each geographic group based on the events 
that would occur under each scenario below. We then analyze the overall 
resiliency, representation, and redundancy of the species under each 
future scenario.
    Under Scenario 1, with RCP 4.5 greenhouse gas emissions, moderate 
warming and drying will occur throughout the range of the Kern Canyon 
slender salamander. Reductions in soil moisture and snow water 
equivalent are expected to more than double within 50 years. We expect 
these changes in climate will result in reduced water flow and more 
arid conditions in slender salamander habitat. Drying will be more 
extreme in the high-elevation areas occupied by the species (Dettinger 
et al. 2018, p. 5). In these areas, the April 1st snow water equivalent 
will be reduced by up to 81 percent in the next 50 years. Reduction in 
snowpack will result in reduced water retention and runoff in the 
spring and summer, with runoff occurring earlier in the spring. Summer 
soil moisture is also projected to decline over time for all geographic 
groups of both species. Within 50 years, it is likely that water levels 
will be reduced in seeps, springs, and perennial springs, and some 
water sources may have truncated periods of water retention. 
Additionally, there may be less cool and moist microhabitat at high 
elevations. We expect that these changes in hydrology will reduce the 
suitability and availability of habitat for the Kern Canyon slender.
    Additionally, under Scenario 1, both the threat of fire and the 
severity of fires will increase throughout the range of the Kern Canyon 
slender salamander. The species and its habitat will also be impacted 
by more frequent extreme weather events including winter storms and 
flooding. Increased fire and flooding will likely degrade seep, spring, 
and stream margin habitat and may result in direct mortality of 
salamanders. Additionally, increased tree mortality will lead to an 
increase in timber harvest of dead trees and hazard tree removal along 
roads and trails. The presence of roads, recreation, grazing, timber 
harvest, and infrastructure will continue to impact the species and 
their habitat over the next 50 years. The USFS will continue to 
minimize impacts to both species within the National Forests; however, 
the Kern Canyon slender salamander sites located on private lands are 
not afforded the same protections.
    Under Scenario 2, higher greenhouse gas emissions past mid-century 
(RCP 8.5) will result in greater warming and drying, increased threat 
of fire, and greater frequency of extreme weather events than under 
Scenario 1. The impacts from roads, recreation, grazing, timber 
harvest, and infrastructure are expected to continue to pose a threat 
to the Kern Canyon slender salamander and its habitat at the same 
magnitude as under the current conditions. The USFS will continue to 
minimize impacts to the species within the National Forest; however, 
the Kern Canyon slender salamander sites located on private lands are 
not afforded the same protections.
    Within 50 years, under Scenario 2, extreme weather events will 
occur more frequently. Additionally, temperatures and fire threat will 
increase, and April 1st snow water equivalent and summer total soil 
moisture will decrease to a greater degree than under Scenario 1. These 
changes will likely result in reduction of seep, spring, and stream 
habitats and suitable microhabitats. Loss of habitat will occur more 
often at high elevations where drying will be most severe. The April 
1st snow water equivalent is predicted to decrease by up to 99 percent 
and summer total soil moisture is predicted to decrease by up to 27 
percent at high elevations. Furthermore, prolonged droughts may reduce 
the time that the salamanders can be active on the surface without the 
risk of desiccation. At higher elevations, temperature increases may 
result in extended periods of favorable conditions, and salamanders may 
increase their surface activity. However, the dry conditions predicted 
under this scenario are expected to restrict the surface activity of 
salamanders at higher elevations despite increased temperatures. At 
lower elevations, temperature increases may exceed the tolerances of 
the species, resulting in restricted surface activity. Restricted 
surface activity at all elevations would limit the ability of 
salamanders to find prey and mates resulting in lower survival and 
fecundity.
    The following sections summarize the conditions of the Kern Canyon 
slender salamander under both future scenarios based upon the best 
available information.
Kern Canyon Slender Salamander--Future Condition
    Under Scenario 1 within 50 years, we expect that the water level of 
the seeps, springs, and streams that provide habitat for the Kern 
Canyon slender salamander will decline resulting in reduced condition 
of habitat. Habitat will also continue to be impacted by roads, heavy 
recreation use, grazing, infrastructure, and more frequent fires. We 
anticipate that the resiliency of both geographic groups will likely be 
slightly reduced from the current condition due to this habitat 
degradation. In 50 years, we expect that reductions in the quantity and 
quality of suitable habitat will result in minor reductions in the 
survival and abundance of Kern Canyon slender salamander within both 
geographic groups. We expect that the resiliency of both geographic 
groups of Kern Canyon slender salamander will be slightly reduced from 
the current condition. Both geographic groups are expected to retain 
occupied sites and, therefore, the species will maintain its current 
level of redundancy. We anticipate the Kern Canyon slender salamander 
will also retain ecological representation that is similar to the 
current condition. However, the Kern Canyon slender salamander will 
continue to be vulnerable to catastrophic events such as fires that are 
expected to occur more frequently under Scenario 1.
    Under Scenario 2 within 50 years, we expect that the water level of 
the seeps, springs, and streams that provide habitat for the Kern 
Canyon slender salamander will decline. Additionally, as most sites 
occupied by the Kern Canyon slender salamander are located within 
narrow canyons along the margins of creeks and streams, habitat within 
both geographic groups of the Kern Canyon slender salamander will 
likely be degraded by more frequent higher volume precipitation and 
flooding events. We expect that this loss of habitat combined with 
habitat degradation from the continued impact of high recreation use, 
grazing, road, infrastructure, and increased incidence of fire, will 
likely result in reductions in survival and abundance of the Kern 
Canyon slender salamander within 50 years. As a result, the resiliency 
of both geographic groups will likely be reduced from the current 
condition. We expect that habitat loss will result in fewer occupied 
sites within 50 years. Therefore, within 50 years, we expect that the 
redundancy and representation of the species will be further reduced 
from the current condition, as the species will occupy fewer sites and 
exist in a further limited ecological setting. We anticipate Kern 
Canyon slender salamander will be more vulnerable to

[[Page 63171]]

extirpation from catastrophic events under this scenario.

Determination of Status for the Kern Canyon Slender Salamander and the 
Relictual Slender Salamander

    Section 4 of the Act (16 U.S.C. 1533) and its implementing 
regulations (50 CFR part 424) set forth the procedures for determining 
whether a species meets the definition of an endangered species or a 
threatened species. The Act defines an ``endangered species'' as a 
species in danger of extinction throughout all or a significant portion 
of its range and a ``threatened species'' as a species likely to become 
an endangered species within the foreseeable future throughout all or a 
significant portion of its range. The Act requires that we determine 
whether a species meets the definition of an endangered species or a 
threatened species because of any of the following factors: (A) The 
present or threatened destruction, modification, or curtailment of its 
habitat or range; (B) Overutilization for commercial, recreational, 
scientific, or educational purposes; (C) Disease or predation; (D) The 
inadequacy of existing regulatory mechanisms; or (E) Other natural or 
manmade factors affecting its continued existence.
    In this proposed rule, we present summary evaluations of eight 
threats for the Kern Canyon slender salamander and the relictual 
slender salamander: roads (Factor A), recreation (Factor A), grazing 
(Factor A), timber harvest (Factor A), hazard tree removal (Factor A), 
infrastructure development (Factor A), fire (Factor A), and climate 
change (Factor E). We also evaluate existing regulatory mechanisms 
(Factor D) and ongoing conservation measures.
    In the SSA, we also considered four additional threats: 
Overutilization due to recreational, educational, and scientific use 
(Factor B); disease (Factor C); predation (Factor C); and effects 
associated with small population size (Factor E). We concluded that, as 
indicated by the best available scientific and commercial information, 
these threats are currently having little to no impact on either the 
Kern Canyon slender salamander or the relictual slender salamander, and 
thus their overall effect now and into the future is expected to be 
minimal. However, we consider them in the determination for each 
species, because although these minor threats may have low impacts on 
their own, combined with impacts of other threats, they could further 
reduce the already low number of Kern Canyon slender salamanders and 
relictual slender salamanders. For full descriptions of all threats and 
how they impact the species, please see the SSA report (Service 2022a, 
pp. 20-31).
    For the purposes of this assessment, we considered the foreseeable 
future to be 50 years. This time period represents our best 
professional judgment of the foreseeable future conditions related to 
the range of available climate change models and for reasonable 
extrapolations of current trends.

Kern Canyon Slender Salamander: Status Throughout All of Its Range

    The Kern Canyon slender salamander is a narrow endemic that 
inhabits a limited range, with individuals recorded from a small number 
of sites along the Lower Kern River Canyon and associated creeks. The 
species has been extirpated from multiple historically occupied sites 
within the Lower Kern River Canyon due in part to effects associated 
with road construction from the widening of State Route 178 (Factor A). 
The species also has reduced representation from historical conditions, 
as it is no longer found in grassland habitats.
    Currently, habitat supporting the Kern Canyon slender salamander is 
affected by recreation (Factor A), grazing (Factor A), and continuing 
hydrologic effects associated with roads. These threats continue to 
degrade the seep and spring habitat, and in some rare cases may result 
in direct mortality of individual Kern Canyon slender salamanders. 
Occupied areas in the lower Kern River Canyon are particularly affected 
by recreation and OHV use. Commercial timber harvest (Factor A) is 
having only a minimal impact on the Kern Canyon slender salamander, as 
less than one percent of the species' range is subject to timber 
harvest. Hazard tree removal (Factor A) and timber harvest of dead 
trees is currently minimally impacting the Kern Canyon slender 
salamander as hazard tree removal only impacts small areas of habitat 
and is unlikely to result in mortality. Fire (Factor A) currently 
presents one of the largest risks to the Kern Canyon slender 
salamander. The threat of fire in Kern Canyon slender salamander 
habitat is high to very high throughout the range of the species, and 
few regulatory mechanisms are available to address the risk of 
catastrophic wildfire to the species.
    Many of the effects associated with the other threats impacting the 
species are being reduced in magnitude due to regulatory mechanisms 
(Factor D) implemented by Sequoia National Forest. Sensitive riparian 
areas have been gated from OHVs and fenced off from livestock.
    Although the Kern Canyon slender salamander is currently being 
impacted by these threats and has been extirpated from some sites in 
the Kern Canyon geographic group, the species continues to occupy 
habitat spread throughout multiple drainages and at a range of 
elevations (2,350-5,500 ft (716-1,676 m)). Therefore, the species 
currently has sufficient redundancy and representation to withstand 
loss from a catastrophic event such as wildfire. Although the threats 
described above are continuing to degrade the seep, spring, and stream 
habitat that supports the Kern Canyon slender salamander, the species 
maintains some population resiliency, redundancy, and representation. 
Additionally, regulatory mechanisms implemented by the Sequoia National 
Forest are reducing the magnitude of threats, and State listing under 
CESA provides additional take prohibitions for the species. For that 
reason, we found that the Kern Canyon slender salamander is not 
endangered throughout all of its range. However, we expect that threats 
affecting the species will increase in magnitude into the future. We 
analyzed threats under two plausible future scenarios: the 
``intermediate'' emissions scenario of RCP 4.5 (Scenario 1) and the 
``very high'' emissions scenario of RCP 8.5 (Scenario 2). Under both 
plausible future scenarios, climate change (Factor E) is expected to 
reduce the water level of the seeps and springs that support the Kern 
Canyon slender salamander. Habitat will also continue to be impacted by 
roads, recreation, and grazing. Climate change is expected to intensify 
tree mortality and fire, potentially increasing the need for timber 
harvest and hazard tree removal. Given the high risk of fire in the 
species' range, more populations could be lost to fire, and under 
Scenario 2, more populations are likely to be lost. In all future 
scenarios, we expect there will be further reductions in population 
resiliency and species redundancy.
    After evaluating threats to the species and assessing the 
cumulative effect of the threats under the section 4(a)(1) factors, we 
find that although the Kern Canyon slender salamander has reduced 
population resiliency and species redundancy and representation from 
its historical condition, it is not currently in danger of extinction 
throughout all of its range. However, the magnitude of all threats 
across the species' range is expected to increase in the foreseeable 
future, particularly as effects associated with climate change increase 
the frequency and severity of fire and the need for hazard tree 
removal, and the cumulative effect of those threats. Thus, after 
assessing the best available

[[Page 63172]]

information, we conclude that the Kern Canyon slender salamander is 
likely to become in danger of extinction within the foreseeable future 
throughout all of its range.

Kern Canyon Slender Salamander: Status Throughout a Significant Portion 
of Its Range

    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
in the foreseeable future throughout all or a significant portion of 
its range. The court in Center for Biological Diversity v. Everson, 435 
F. Supp. 3d 69 (D.D.C. 2020) (Everson), vacated the aspect of the Final 
Policy on Interpretation of the Phrase ``Significant Portion of Its 
Range'' in the Endangered Species Act's Definitions of ``Endangered 
Species'' and ``Threatened Species'' (hereafter ``Final Policy''; 79 FR 
37578; July 1, 2014) that provided that the Service does not undertake 
an analysis of significant portions of a species' range if the species 
warrants listing as threatened throughout all of its range. Therefore, 
we proceed to evaluating whether the species is endangered in a 
significant portion of its range--that is, whether there is any portion 
of the species' range for which both (1) the portion is significant; 
and (2) the species is in danger of extinction in that portion. 
Depending on the case, it might be more efficient for us to address the 
``significance'' question or the ``status'' question first. We can 
choose to address either question first. Regardless of which question 
we address first, if we reach a negative answer with respect to the 
first question that we address, we do not need to evaluate the other 
question for that portion of the species' range.
    Following the court's holding in Everson, we now consider whether 
there are any significant portions of the species' range where the 
species is in danger of extinction now (i.e., endangered). In 
undertaking this analysis for the Kern Canyon slender salamander, we 
choose to address the status question first--we consider information 
pertaining to the geographic distribution of both the species and the 
threats that the species faces to identify any portions of the range 
where the species is endangered.
    For the Kern Canyon slender salamander, we considered whether the 
threats are geographically concentrated in any portion of the species' 
range at a biologically meaningful scale. We examined the following 
threats: Roads (Factor A), recreation (Factor A); grazing (Factor A); 
timber harvest (Factor A); hazard tree removal (Factor A); 
infrastructure development (Factor A); fire (Factor A); overutilization 
due to recreational, educational, and scientific use (Factor B); 
disease (Factor C); predation (Factor C); effects associated with small 
population size (Factor E); and climate change (Factor E). We also 
evaluated existing regulatory mechanisms (Factor D). We found that the 
Kern Canyon geographic group may have a concentration of threats, as it 
faces additional threats due to roads, recreation, and infrastructure. 
However, the impact of these threats is only slightly higher in the 
Kern Canyon geographic group than in the Erskine Creek geographic 
group. Additionally, the Kern Canyon geographic group is within the 
boundary of Sequoia National Forest, so although some threats are of a 
higher magnitude there, ongoing measures undertaken by the National 
Forest are decreasing the impacts of grazing and roads. Thus, neither 
geographic group is so reduced or faces such threats that it would be 
likely to be in danger of extinction now. Overall, we found no 
concentration of threats in any portion of the Kern Canyon slender 
salamander's range at a biologically meaningful scale.
    Thus, there are no portions of the species' range where the species 
has a different status from its rangewide status. Therefore, no portion 
of the species' range provides a basis for determining that the species 
is in danger of extinction in a significant portion of its range, and 
we determine that the species is likely to become in danger of 
extinction within the foreseeable future throughout all of its range. 
This does not conflict with the courts' holdings in Desert Survivors v. 
U.S. Department of the Interior, 321 F. Supp. 3d 1011, 1070-74 (N.D. 
Cal. 2018) and Center for Biological Diversity v. Jewell, 248 F. Supp. 
3d 946, 959 (D. Ariz. 2017) because, in reaching this conclusion, we 
did not need to consider whether any portions are significant and, 
therefore, did not apply the aspects of the Final Policy's definition 
of ``significant'' that those court decisions held were invalid.

Kern Canyon Slender Salamander: Determination of Status

    Our review of the best available scientific and commercial 
information indicates that the Kern Canyon slender salamander meets the 
definition of a threatened species. Therefore, we propose to list the 
Kern Canyon slender salamander as a threatened species in accordance 
with sections 3(20) and 4(a)(1) of the Act.

Relictual Slender Salamander: Status Throughout All of Its Range

    The relictual slender salamander has a very narrow range; it is 
currently found from 8 sites, and the two extant geographic groups are 
separated by less than 5 km (3.1 mi). Historically, the relictual 
slender salamander occupied additional sites along route 178 in the 
Lower Kern River Canyon, but repeated searches of the area have failed 
to find the species, and species experts consider the relictual slender 
salamander to be extirpated from that area.
    Currently, habitat supporting the relictual slender salamander is 
affected by recreation (Factor A), including a known primitive campsite 
on Breckenridge Mountain, grazing (Factor A), and continuing hydrologic 
effects associated with the small roads that pass through occupied 
areas (Factor A). These threats continue to degrade the seep and spring 
habitat that supports the species. Grazing is currently occurring in 
areas on Breckenridge Mountain during the times when the slender 
salamander is active on the surface, further degrading suitable habitat 
for the species. Commercial timber harvest (Factor A) has occurred in 
both geographic groups, and historical effects of logging may still be 
present in occupied habitat. Hazard tree removal (Factor A) and timber 
harvest of dead trees also have substantial impact on the species, 
particularly in the Lucas Creek area, which has experienced a high 
level of tree mortality. Existing sites in both extant geographic 
groups, particularly the Lucas Creek geographic group, are also far 
enough apart that relictual slender salamanders may not be able to 
disperse between occupied sites.
    Fire (Factor A) currently presents one of the largest risks to the 
relictual slender salamander. The threat of fire in the Lucas Creek 
geographic group is particularly high, and the area has not burned 
since before 1984. However, effects associated with the other threats 
impacting the species are being reduced in magnitude due to regulatory 
mechanisms (Factor D) implemented by Sequoia National Forest; for 
example, some areas on Breckenridge Mountain have been fenced off from 
livestock grazing. However, few regulatory mechanisms are available to 
address the risk of catastrophic wildfire to the species, and the range 
of the species is limited enough that a single fire could cause the 
extinction of the species.
    After evaluating threats to the species and assessing the 
cumulative effect of the threats under the section 4(a)(1)

[[Page 63173]]

factors, we find that the resiliency, redundancy and representation of 
the relictual slender salamander have been reduced from historical 
conditions. Effects of historical threats along with ongoing impacts 
from roads, grazing, fire, timber harvest, and hazard tree removal are 
continuing to degrade the habitat that supports the species, causing 
further reductions in resiliency and redundancy. The relictual slender 
salamander exists in a very narrow area in a limited ecological 
setting, and a single catastrophic event could cause the species to 
become extinct at any time. Thus, after assessing the best available 
information, we determine that the relictual slender salamander is in 
danger of extinction throughout all of its range. We find that a 
threatened species status is not appropriate for the relictual slender 
salamander because the magnitude and imminence of the threats acting on 
the species now result in the relictual slender salamander meeting the 
definition of an endangered species.

Relictual Slender Salamander: Status Throughout a Significant Portion 
of Its Range

    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
in the foreseeable future throughout all or a significant portion of 
its range. We have determined that the relictual slender salamander is 
in danger of extinction throughout all of its range and accordingly did 
not undertake an analysis of any significant portion of its range. 
Because the relictual slender salamander warrants listing as endangered 
throughout all of its range, our determination does not conflict with 
the decision in Center for Biological Diversity v. Everson, 435 F. 
Supp. 3d 69 (D.D.C. 2020) because that decision related to significant 
portion of the range analyses for species that warrant listing as 
threatened, not endangered, throughout all of their range.

Relictual Slender Salamander: Determination of Status

    Our review of the best available scientific and commercial 
information indicates that the relictual slender salamander meets the 
definition of an endangered species. Therefore, we propose to list the 
relictual slender salamander as an endangered species in accordance 
with sections 3(6) and 4(a)(1) of the Act.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened species under the Act include recognition as a listed 
species, planning and implementation of recovery actions, requirements 
for Federal protection, and prohibitions against certain practices. 
Recognition through listing results in public awareness, and 
conservation by Federal, State, Tribal, and local agencies, private 
organizations, and individuals. The Act encourages cooperation with the 
States and other countries and calls for recovery actions to be carried 
out for listed species. The protection required by Federal agencies, 
including the Service, and the prohibitions against certain activities 
are discussed, in part, below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Section 4(f) of the Act calls for the Service to develop and 
implement recovery plans for the conservation of endangered and 
threatened species. The goal of this process is to restore listed 
species to a point where they are secure, self-sustaining, and 
functioning components of their ecosystems.
    The recovery planning process begins with development of a recovery 
outline made available to the public soon after a final listing 
determination. The recovery outline guides the immediate implementation 
of urgent recovery actions while a recovery plan is being developed. 
Recovery teams (composed of species experts, Federal and State 
agencies, nongovernmental organizations, and stakeholders) may be 
established to develop and implement recovery plans. The recovery 
planning process involves the identification of actions that are 
necessary to halt and reverse the species' decline by addressing the 
threats to its survival and recovery. The recovery plan identifies 
recovery criteria for review of when a species may be ready for 
reclassification from endangered to threatened (``downlisting'') or 
removal from protected status (``delisting''), and methods for 
monitoring recovery progress. Recovery plans also establish a framework 
for agencies to coordinate their recovery efforts and provide estimates 
of the cost of implementing recovery tasks. Revisions of the plan may 
be done to address continuing or new threats to the species, as new 
substantive information becomes available. The recovery outline, draft 
recovery plan, final recovery plan, and any revisions will be available 
on our website as they are completed (https://www.fws.gov/endangered), 
or from our Sacramento Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, Tribes, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (for example, restoration of native vegetation), research, 
captive propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private, State, and Tribal lands.
    If these species are listed, funding for recovery actions will be 
available from a variety of sources, including Federal budgets, State 
programs, and cost-share grants for non-Federal landowners, the 
academic community, and nongovernmental organizations. In addition, 
pursuant to section 6 of the Act, the State of California would be 
eligible for Federal funds to implement management actions that promote 
the protection or recovery of the Kern Canyon slender salamander and 
the relictual slender salamander. Information on our grant programs 
that are available to aid species recovery can be found at: https://www.fws.gov/service/financial-assistance.
    Although the Kern Canyon slender salamander and the relictual 
slender salamander are only proposed for listing under the Act at this 
time, please let us know if you are interested in participating in 
recovery efforts for these species. Additionally, we invite you to 
submit any new information on these species whenever it becomes 
available and any information you may have for recovery planning 
purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as an 
endangered or threatened species and with respect to its critical 
habitat. Regulations implementing this interagency cooperation 
provision of the Act are codified at 50 CFR part 402. Section 7(a)(4) 
of the Act requires Federal agencies to confer with the Service on any 
action that is likely to jeopardize the continued existence of a 
species proposed for listing or result in destruction or adverse 
modification of proposed critical habitat. If a species is listed 
subsequently, section 7(a)(2) of

[[Page 63174]]

the Act requires Federal agencies to ensure that activities they 
authorize, fund, or carry out are not likely to jeopardize the 
continued existence of the species or destroy or adversely modify its 
critical habitat. If a Federal action may affect a listed species or 
its critical habitat, the responsible Federal agency must enter into 
consultation with the Service.
    Federal agency actions within the species' habitat that may require 
conferencing with the Service as described in the preceding paragraph 
during the time when the Kern Canyon slender salamander and the 
relictual slender salamander are proposed for listing include land 
management or other landscape-altering activities on Federal lands 
administered by the USFS (Sequoia National Forest) whose effects extend 
into the species' range, and would adversely affect either species at a 
scale and magnitude where their continued existence would be 
jeopardized (for example, widespread stream channelization or 
diversion, modification of spring openings, diversion of surface or 
ground water flow, or other activities that modify large portions of 
seep, spring, and stream habitat).
    Once these species are listed, the requirement for consultation 
with the Service under 7(a)(2) applies. The threshold for consultation 
under 7(a)(2) is ``may affect,'' and some examples of Federal agency 
actions within the species' habitat that may then require consultation 
as described above could include management and any other landscape-
altering activities on Federal lands administered by the USFS (Sequoia 
National Forest) and the BLM; issuance of section 404 Clean Water Act 
(33 U.S.C. 1251 et seq.) permits by the U.S. Army Corps of Engineers; 
construction and management of pipeline and power line rights-of-way by 
the Federal Energy Regulatory Commission; construction and maintenance 
of roads, bridges, or highways by the Federal Highway Administration.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to endangered wildlife. 
The prohibitions of section 9(a)(1) of the Act, codified at 50 CFR 
17.21, make it illegal for any person subject to the jurisdiction of 
the United States to take (which includes harass, harm, pursue, hunt, 
shoot, wound, kill, trap, capture, or collect; or to attempt any of 
these) endangered wildlife within the United States or on the high 
seas. In addition, it is unlawful to import; export; deliver, receive, 
carry, transport, or ship in interstate or foreign commerce in the 
course of commercial activity; or sell or offer for sale in interstate 
or foreign commerce any species listed as an endangered species. It is 
also illegal to possess, sell, deliver, carry, transport, or ship any 
such wildlife that has been taken illegally. Certain exceptions apply 
to employees of the Service, the National Marine Fisheries Service, 
other Federal land management agencies, and State conservation 
agencies.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered wildlife under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.22. With regard to 
endangered wildlife, a permit may be issued for the following purposes: 
for scientific purposes, to enhance the propagation or survival of the 
species, and for incidental take in connection with otherwise lawful 
activities. The statute also contains certain exemptions from the 
prohibitions, which are found in sections 9 and 10 of the Act.
    It is our policy, as published in the Federal Register on July 1, 
1994 (59 FR 34272), to identify to the maximum extent practicable at 
the time a species is listed those activities that would or would not 
constitute a violation of section 9 of the Act. The intent of this 
policy is to increase public awareness of the effect of a proposed 
listing on proposed and ongoing activities within the range of the 
species proposed for listing. Based on the best available information, 
the following actions are unlikely to result in a violation of section 
9 for the relictual slender salamander, if these activities are carried 
out in accordance with existing regulations and permit requirements; 
this list is not comprehensive:
    (1) Vehicle use on existing roads and trails in compliance with the 
Sequoia National Forest land management plan.
    (2) Recreational use with minimal ground disturbance (for example, 
hiking, walking) in compliance with the Sequoia National Forest land 
management plan.
    Based on the best available information, the following activities 
may potentially result in a violation of section 9 of the Act for the 
relictual slender salamander if they are not authorized in accordance 
with applicable law; this list is not comprehensive:
    (1) Unauthorized handling or collecting of the species;
    (2) Destruction or alteration of the species' habitat by 
modification of spring opening, stream channelization or diversion, 
discharge of fill material, draining, ditching, tiling, or diversion of 
surface or ground water flow;
    (3) Unauthorized modification of riparian areas or disturbance of 
rocks and woody debris in riparian areas in which the species is known 
to occur;
    (4) Incompatible livestock grazing that results in direct or 
indirect destruction of riparian habitat; and
    (5) Introduction of nonnative species that compete with or prey 
upon the relictual slender salamander species, such as the introduction 
of competing, nonnative aquatic animals to the State of California.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the Sacramento 
Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
    Regarding the Kern Canyon slender salamander, the Act allows the 
Secretary to promulgate protective regulations for threatened species 
pursuant to section 4(d) of the Act. The discussion below regarding 
protective regulations for the Kern Canyon slender salamander under 
section 4(d) of the Act complies with our policy.

III. Proposed Rule Issued Under Section 4(d) of the Act

Background

    Section 4(d) of the Act contains two sentences. The first sentence 
states that the Secretary shall issue such regulations as she deems 
necessary and advisable to provide for the conservation of species 
listed as threatened species. The U.S. Supreme Court has noted that 
statutory language similar to the language in section 4(d) of the Act 
authorizing the Secretary to take action that she ``deems necessary and 
advisable'' affords a large degree of deference to the agency (see 
Webster v. Doe, 486 U.S. 592, 600 (1988)). Conservation is defined in 
the Act to mean the use of all methods and procedures which are 
necessary to bring any endangered species or threatened species to the 
point at which the measures provided pursuant to the Act are no longer 
necessary. Additionally, the second sentence of section 4(d) of the Act 
states that the Secretary may by regulation prohibit with respect to 
any threatened species any act prohibited under section 9(a)(1), in the 
case of fish or wildlife, or section 9(a)(2), in the case of plants. 
Thus, the combination of the two sentences of section 4(d) provides the 
Secretary with wide latitude of discretion to select and promulgate 
appropriate regulations tailored to the specific conservation needs of 
the threatened species. The second sentence

[[Page 63175]]

grants particularly broad discretion to the Service when adopting one 
or more of the prohibitions under section 9.
    The courts have recognized the extent of the Secretary's discretion 
under this standard to develop rules that are appropriate for the 
conservation of a species. For example, courts have upheld, as a valid 
exercise of agency authority, rules developed under section 4(d) that 
included limited prohibitions against takings (see Alsea Valley 
Alliance v. Lautenbacher, 2007 WL 2344927 (D. Or. 2007); Washington 
Environmental Council v. National Marine Fisheries Service, 2002 WL 
511479 (W.D. Wash. 2002)). Courts have also upheld 4(d) rules that do 
not address all of the threats a species faces (see State of Louisiana 
v. Verity, 853 F.2d 322 (5th Cir. 1988)). As noted in the legislative 
history when the Act was initially enacted, ``once an animal is on the 
threatened list, the Secretary has an almost infinite number of options 
available to [her] with regard to the permitted activities for those 
species. [She] may, for example, permit taking, but not importation of 
such species, or [she] may choose to forbid both taking and importation 
but allow the transportation of such species'' (H.R. Rep. No. 412, 93rd 
Cong., 1st Sess. 1973).
    In the early days of the Act, the Service published at 50 CFR 17.31 
a general protective regulation that would apply to each threatened 
wildlife species, unless we were to promulgate a separate species-
specific protective regulation for that species. In the wake of the 
court's CBD v. Haaland decision vacating a 2019 regulation that had 
made 50 CFR 17.31 inapplicable to any species listed as a threatened 
species after the effective date of the 2019 regulation, the general 
protective regulation applies to all threatened species, unless we 
adopt a species-specific protective regulation. As explained below, we 
are adopting a species-specific rule that sets out all of the 
protections and prohibitions applicable to the Kern Canyon slender 
salamander.
    The provisions of this proposed 4(d) rule would promote 
conservation of the Kern Canyon slender salamander by encouraging 
management of the habitat for the species in ways that facilitate 
conservation for the species. The provisions of this proposed rule are 
one of many tools that we would use to promote the conservation of the 
Kern Canyon slender salamander. This proposed 4(d) rule would apply 
only if and when we make final the listing of the Kern Canyon slender 
salamander as a threatened species.
    As mentioned previously in Available Conservation Measures, section 
7(a)(2) of the Act requires Federal agencies, including the Service, to 
ensure that any action they fund, authorize, or carry out is not likely 
to jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of designated critical habitat of such species. In addition, section 
7(a)(4) of the Act requires Federal agencies to confer with the Service 
on any agency action that is likely to jeopardize the continued 
existence of any species proposed to be listed under the Act or result 
in the destruction or adverse modification of proposed critical 
habitat.
    If a Federal action may affect a listed species or its critical 
habitat, the responsible Federal agency (action agency) must enter into 
consultation with us. Examples of Federal actions that are subject to 
the section 7 consultation process are actions on State, Tribal, local, 
or private lands that require a Federal permit (such as a permit from 
the U.S. Army Corps of Engineers under section 404 of the Clean Water 
Act (33 U.S.C. 1251 et seq.) or a permit from the Service under section 
10 of the Act) or that involve some other Federal action (such as 
funding from the Federal Highway Administration, Federal Aviation 
Administration, or the Federal Emergency Management Agency). Federal 
actions not affecting listed species or critical habitat--and actions 
on State, Tribal, local, or private lands that are not federally 
funded, authorized, or carried out by a Federal agency--do not require 
section 7 consultation.
    These requirements are the same for a threatened species with a 
species-specific 4(d) rule. For example, a Federal agency's 
determination that an action is ``not likely to adversely affect'' a 
threatened species will require the Service's written concurrence. 
Similarly, a Federal agency's determination that an action is ``likely 
to adversely affect'' a threatened species will require formal 
consultation and the formulation of a biological opinion.

Provisions of the Proposed 4(d) Rule

    Exercising the Secretary's authority under section 4(d) of the Act, 
we have developed a proposed rule that is designed to address the Kern 
Canyon slender salamander's conservation needs. As discussed previously 
in Summary of Biological Status and Threats, we have concluded that the 
Kern Canyon slender salamander is likely to become in danger of 
extinction within the foreseeable future primarily due to grazing, 
recreation, fire, and climate change. Section 4(d) requires the 
Secretary to issue such regulations as she deems necessary and 
advisable to provide for the conservation of each threatened species 
and authorizes the Secretary to include among those protective 
regulations any of the prohibitions that section 9(a)(2) of the Act 
prescribes for endangered species. We find that, if finalized, the 
protections, prohibitions, and exceptions in this proposed rule as a 
whole satisfy the requirement in section 4(d) of the Act to issue 
regulations deemed necessary and advisable to provide for the 
conservation of the Kern Canyon slender salamander.
    The protective regulations we are proposing for the Kern Canyon 
slender salamander incorporate prohibitions from section 9(a)(1) to 
address the threats to the species. Section 9(a)(1) prohibits the 
following activities for endangered wildlife: importing or exporting; 
take; possession and other acts with unlawfully taken specimens; 
delivering, receiving, carrying, transporting, or shipping in 
interstate or foreign commerce in the course of commercial activity; or 
selling or offering for sale in interstate or foreign commerce. This 
protective regulation includes all of these prohibitions for the Kern 
Canyon slender salamander because the species is at risk of extinction 
in the foreseeable future and putting these prohibitions in place will 
help to prevent further declines, preserve the species' remaining 
populations, and decrease synergistic, negative effects from other 
ongoing or future threats.
    In particular, this proposed 4(d) rule would provide for the 
conservation of the Kern Canyon slender salamander by prohibiting the 
following activities, unless they fall within specific exceptions or 
are otherwise authorized or permitted: importing or exporting; take; 
possession and other acts with unlawfully taken specimens; delivering, 
receiving, carrying, transporting, or shipping in interstate or foreign 
commerce in the course of commercial activity; or selling or offering 
for sale in interstate or foreign commerce.
    Under the Act, ``take'' means to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or to attempt to engage in any 
such conduct. Some of these provisions have been further defined in 
regulations at 50 CFR 17.3. Take can result knowingly or otherwise, by 
direct and indirect impacts, intentionally or incidentally. Regulating 
take would help preserve the species' remaining populations and

[[Page 63176]]

decrease synergistic, negative effects from other ongoing or future 
threats. Therefore, we propose to prohibit take of the Kern Canyon 
slender salamander, except for take resulting from those actions and 
activities specifically excepted by the 4(d) rule.
    Exceptions to the prohibition on take would include all of the 
general exceptions to the prohibition against take of endangered 
wildlife, as set forth in 50 CFR 17.21 and certain other specific 
activities that we propose for exception, as described below.
    The proposed 4(d) rule would also provide for the conservation of 
the species by allowing exceptions that incentivize conservation 
actions or that, while they may have some minimal level of take of the 
Kern Canyon slender salamander, are not expected to rise to the level 
that would have a negative impact (that is, would have only de minimis 
impacts) on the species' conservation. The proposed exceptions to these 
prohibitions include:
    (1) Fuels management activities that are expected to have 
negligible impacts to the Kern Canyon slender salamander and its 
habitat, as long as they are conducted or authorized by the Federal 
agency with jurisdiction over the land where the activities occur. This 
includes fuels management activities developed by a Federal, State, 
county, or other entity to reduce the risk or severity of fire in Kern 
Canyon slender salamander habitat and to protect and maintain habitat 
that supports the species. These activities should be in accordance 
with established and recognized fuels management plans that include 
measures to minimize impacts to the species and its habitat, and:
    (2) Fuels management activities on private lands where there is no 
Federal nexus. This exception applies to those situations, whether 
currently existing or that may develop in the future, where fuels 
management activities are essential to reduce the risk of catastrophic 
wildfire, and when such activities will be carried out in accordance 
with an established and recognized fuels or forest management plan that 
includes measures to minimize impacts to the species and its habitat.
    Despite these prohibitions regarding threatened species, we may 
under certain circumstances issue permits to carry out one or more 
otherwise-prohibited activities, including those described above. The 
regulations that govern permits for threatened wildlife state that the 
Director may issue a permit authorizing any activity otherwise 
prohibited with regard to threatened species. These include permits 
issued for the following purposes: for scientific purposes, to enhance 
propagation or survival, for economic hardship, for zoological 
exhibition, for educational purposes, for incidental taking, or for 
special purposes consistent with the purposes of the Act (50 CFR 
17.32). The statute also contains certain exemptions from the 
prohibitions, which are found in sections 9 and 10 of the Act.
    We recognize the special and unique relationship with our State 
natural resource agency partners in contributing to the conservation of 
listed species. State agencies often possess scientific data and 
valuable expertise on the status and distribution of endangered, 
threatened, and candidate species of wildlife and plants. State 
agencies, because of their authorities and their close working 
relationships with local governments and landowners, are in a unique 
position to assist us in implementing all aspects of the Act. In this 
regard, section 6 of the Act provides that we must cooperate to the 
maximum extent practicable with the States in carrying out programs 
authorized by the Act. Therefore, any qualified employee or agent of a 
State conservation agency that is a party to a cooperative agreement 
with the Service in accordance with section 6(c) of the Act, who is 
designated by his or her agency for such purposes, would be able to 
conduct activities designed to conserve the Kern Canyon slender 
salamander that may result in otherwise prohibited take without 
additional authorization.
    Nothing in this proposed 4(d) rule would change in any way the 
recovery planning provisions of section 4(f) of the Act, the 
consultation requirements under section 7 of the Act, or our ability to 
enter into partnerships for the management and protection of the Kern 
Canyon slender salamander. However, interagency cooperation may be 
further streamlined through planned programmatic consultations for the 
species between us and other Federal agencies, where appropriate. We 
ask the public, particularly State agencies and other interested 
stakeholders that may be affected by the proposed 4(d) rule, to provide 
comments and suggestions regarding additional guidance and methods that 
we could provide or use, respectively, to streamline the implementation 
of this proposed 4(d) rule (see Information Requested, above).

IV. Critical Habitat

Background

    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographical area occupied by the 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features.
    (a) Essential to the conservation of the species, and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by the 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species.
    Our regulations at 50 CFR 424.02 define the geographical area 
occupied by the species as an area that may generally be delineated 
around species' occurrences, as determined by the Secretary (i.e., 
range). Such areas may include those areas used throughout all or part 
of the species' life cycle, even if not used on a regular basis (e.g., 
migratory corridors, seasonal habitats, and habitats used periodically, 
but not solely by vagrant individuals).
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the requirement that Federal agencies ensure, in consultation 
with the Service, that any action they authorize, fund, or carry out is 
not likely to result in the destruction or adverse modification of 
critical habitat. The designation of critical habitat does not affect 
land ownership or establish a refuge, wilderness, reserve, preserve, or 
other conservation area. Such designation also does not allow the 
government or public to access private lands. Such designation does not 
require implementation of restoration, recovery, or enhancement 
measures by non-Federal landowners. Where a landowner requests Federal 
agency funding or authorization for an action that may affect a listed 
species or critical habitat,

[[Page 63177]]

the Federal agency would be required to consult with the Service under 
section 7(a)(2) of the Act. However, even if the Service were to 
conclude that the proposed activity would result in destruction or 
adverse modification of the critical habitat, the Federal action agency 
and the landowner are not required to abandon the proposed activity, or 
to restore or recover the species; instead, they must implement 
``reasonable and prudent alternatives'' to avoid destruction or adverse 
modification of critical habitat.
    Under the first prong of the Act's definition of critical habitat, 
areas within the geographical area occupied by the species at the time 
it was listed are included in a critical habitat designation if they 
contain physical or biological features (1) which are essential to the 
conservation of the species and (2) which may require special 
management considerations or protection. For these areas, critical 
habitat designations identify, to the extent known using the best 
scientific and commercial data available, those physical or biological 
features that are essential to the conservation of the species (such as 
space, food, cover, and protected habitat).
    Under the second prong of the Act's definition of critical habitat, 
we can designate critical habitat in areas outside the geographical 
area occupied by the species at the time it is listed, upon a 
determination that such areas are essential for the conservation of the 
species. We note that the court in CBD v. Haaland vacated the 
provisions from the 2019 regulations regarding unoccupied critical 
habitat. Therefore, the regulations that now govern designations of 
critical habitat are the implementing regulations that were in effect 
before the 2019 regulations.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific data available. Further, our Policy on 
Information Standards Under the Endangered Species Act (published in 
the Federal Register on July 1, 1994 (59 FR 34271)), the Information 
Quality Act (section 515 of the Treasury and General Government 
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), 
and our associated Information Quality Guidelines provide criteria, 
establish procedures, and provide guidance to ensure that our decisions 
are based on the best scientific data available. They require our 
biologists, to the extent consistent with the Act and with the use of 
the best scientific data available, to use primary and original sources 
of information as the basis for recommendations to designate critical 
habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information from the SSA report and information developed during the 
listing process for the species. Additional information sources may 
include any generalized conservation strategy, criteria, or outline 
that may have been developed for the species; the recovery plan for the 
species; articles in peer-reviewed journals; conservation plans 
developed by States and counties; scientific status surveys and 
studies; biological assessments; other unpublished materials; or 
experts' opinions or personal knowledge.
    Habitat is dynamic, and species may move from one area to another 
over time. We recognize that critical habitat designated at a 
particular point in time may not include all of the habitat areas that 
we may later determine are necessary for the recovery of the species. 
For these reasons, a critical habitat designation does not signal that 
habitat outside the designated area is unimportant or may not be needed 
for recovery of the species. Areas that are important to the 
conservation of the species, both inside and outside the critical 
habitat designation, will continue to be subject to: (1) Conservation 
actions implemented under section 7(a)(1) of the Act; (2) regulatory 
protections afforded by the requirement in section 7(a)(2) of the Act 
for Federal agencies to ensure their actions are not likely to 
jeopardize the continued existence of any endangered or threatened 
species; and (3) the prohibitions found in section 9 of the Act and in 
the 4(d) rule for the Kern Canyon slender salamander. Federally funded 
or permitted projects affecting listed species outside their designated 
critical habitat areas may still result in jeopardy findings in some 
cases. These protections and conservation tools will continue to 
contribute to recovery of the species. Similarly, critical habitat 
designations made on the basis of the best available information at the 
time of designation will not control the direction and substance of 
future recovery plans, habitat conservation plans (HCPs), or other 
species conservation planning efforts if new information available at 
the time of those planning efforts calls for a different outcome.

Prudency Determination

    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary shall designate critical habitat at the 
time the species is determined to be an endangered or threatened 
species. Our regulations (50 CFR 424.12(a)(1)) state that a designation 
of critical habitat is not prudent when any of the following situations 
exist:
    (i) The species is threatened by taking or other human activity, 
and identification of critical habitat can be expected to increase the 
degree of such threat to the species; or
    (ii) Such designation of critical habitat would not be beneficial 
to the species. In determining whether a designation would not be 
beneficial, the factors the Services may consider include but are not 
limited to: Whether the present or threatened destruction, 
modification, or curtailment of a species' habitat or range is not a 
threat to the species, or whether any areas meet the definition of 
``critical habitat.''
    As discussed earlier in this document, no imminent threat of 
collection or vandalism identified under Factor B currently exists for 
these species, and identification and mapping of critical habitat is 
not expected to initiate any such threat. In our SSA report and 
proposed listing determination for both the Kern Canyon slender 
salamander and the relictual slender salamander, we determined that the 
present or threatened destruction, modification, or curtailment of 
habitat or range is a threat to both the Kern Canyon slender salamander 
and the relictual slender salamander. Therefore, because none of the 
circumstances enumerated in our regulations at 50 CFR 424.12(a)(1) have 
been met, we have determined that the designation of critical habitat 
is prudent for both the Kern Canyon slender salamander and the 
relictual slender salamander.

Critical Habitat Determinability

    Having determined that designation is prudent, under section 
4(a)(3) of the Act we must find whether critical habitat for the Kern 
Canyon slender salamander and the relictual slender salamander is 
determinable. Our regulations at 50 CFR 424.12(a)(2) state that 
critical habitat is not determinable when one or both of the following 
situations exist:
    (i) Data sufficient to perform required analyses are lacking, or
    (ii) The biological needs of the species are not sufficiently well 
known to identify any area that meets the definition of ``critical 
habitat.''
    When critical habitat is not determinable, the Act allows the 
Service an additional year to publish a critical

[[Page 63178]]

habitat designation (16 U.S.C. 1533(b)(6)(C)(ii)).
    We reviewed the available information pertaining to the biological 
needs of these two species and habitat characteristics where the 
species are located. This and other information represent the best 
scientific data available and led us to conclude that the designation 
of critical habitat is determinable for the Kern Canyon slender 
salamander and the relictual slender salamander.

Physical or Biological Features Essential to the Conservation of the 
Species

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12(b), in determining which areas we will designate as 
critical habitat from within the geographical area occupied by the 
species at the time of listing, we consider the physical or biological 
features that are essential to the conservation of the species, and 
which may require special management considerations or protection. The 
regulations at 50 CFR 424.02 define ``physical or biological features'' 
as the features that support the life-history needs of the species, 
including, but not limited to, water characteristics, soil type, 
geological features, sites, prey, vegetation, symbiotic species, or 
other features. A feature may be a single habitat characteristic or a 
more complex combination of habitat characteristics. Features may 
include habitat characteristics that support ephemeral or dynamic 
habitat conditions. Features may also be expressed in terms relating to 
principles of conservation biology, such as patch size, distribution 
distances, and connectivity. For example, physical features essential 
to the conservation of the species might include gravel of a particular 
size required for spawning, alkaline soil for seed germination, 
protective cover for migration, or susceptibility to flooding or fire 
that maintains necessary early-successional habitat characteristics. 
Biological features might include prey species, forage grasses, 
specific kinds or ages of trees for roosting or nesting, symbiotic 
fungi, or absence of a particular level of nonnative species consistent 
with conservation needs of the listed species. The features may also be 
combinations of habitat characteristics and may encompass the 
relationship between characteristics or the necessary amount of a 
characteristic essential to support the life history of the species.
    In considering whether features are essential to the conservation 
of the species, we may consider an appropriate quality, quantity, and 
spatial and temporal arrangement of habitat characteristics in the 
context of the life-history needs, condition, and status of the 
species. These characteristics include, but are not limited to, space 
for individual and population growth and for normal behavior; food, 
water, air, light, minerals, or other nutritional or physiological 
requirements; cover or shelter; sites for breeding, reproduction, or 
rearing (or development) of offspring; and habitats that are protected 
from disturbance.

Space for Individual and Population Growth and for Normal Behavior

    The Kern Canyon slender salamander and the relictual slender 
salamander are endemic to, and occur exclusively within, humid habitat 
associated with seeps, springs, and streams in the Greenhorn and Piute 
Mountains in the southern Sierra Nevada in Kern County. Both species' 
habitat is constrained to riparian zones adjacent to seeps, springs, 
and streams due to the narrow physiological tolerances of both species. 
Habitat within larger fast-moving bodies of water, such as the Kern 
River, are not suitable habitat and do not contain the physical or 
biological features that support the Kern Canyon slender salamander or 
the relictual slender salamander.
    Primary habitat for the Kern Canyon slender salamander is composed 
of wet stream and seep margins within rocky, narrow canyons supporting 
chapparal shrubs, sycamore (Platanus racemosa), California buckeye 
(Aesculus californica), willow (Salix spp.), Fremont cottonwood 
(Populus fremontii), interior live oak (Quercus wislizeni), canyon live 
oaks (Quercus chrysolepis), and foothill pine (Pinus sabiniana). 
Historically, the Kern Canyon slender salamander was found on exposed 
hillsides and open grasslands, but the primary habitat of the species 
is now limited to riparian habitats or other moist microsites (Lannoo 
2005, p. 692; Jockusch 2021b, pers. comm.).
    Primary habitat for the relictual slender salamander is composed of 
seeps, perennial springs, and streams in rocky habitat supporting 
limited tree cover of oaks (Quercus spp.), buckeyes (Aesculus spp.), 
sycamores (Platanus racemosa), pines (Pinus spp.), and firs (Abies 
spp.).
    We do not know how much suitable habitat and habitat connectivity 
is required to sustain viability of either the Kern Canyon slender 
salamander or the relictual slender salamander. There may be distinct, 
non-interbreeding populations or there may be some level of dispersal 
between localities associated with the same streams or different 
aquatic features providing at least a low level of connectivity between 
individual populations. The minimum number of populations necessary to 
sustain the salamanders is unknown. The distribution and quantity of 
available suitable habitat across the range necessary to support 
populations of either the Kern Canyon slender salamander or the 
relictual slender salamander are unknown.
    While the amount of habitat necessary to support Kern Canyon 
slender salamander and relictual slender salamander individual and 
population growth and normal behavior is unknown, preservation of these 
features is essential for the species.

Food, Water, Air, Light, Minerals, or Other Nutritional or 
Physiological Requirements

    The diets of the Kern Canyon slender salamander and the relictual 
slender salamander are assumed to be similar to other Batrachoseps 
species such as the California slender salamander and the Pacific 
slender salamander, which prey upon small invertebrates, earthworms, 
and slugs (Cunningham 1960, p. 98; Adams 1968, p. 171; Stebbins and 
McGinnis 2012, p. 127). The prey-related requirements (abundance, 
diversity, range, etc.) to sustain populations of either species are 
unknown.
    Water is essential for survival of the Kern Canyon slender 
salamander and the relictual slender salamander. We have no specific 
information on the amount of water they require; however, both species 
are restricted to patches of humid habitat near sources of water such 
as small seeps, springs, and streams. The relictual slender salamander 
has a closer association with water than other species of terrestrial 
salamanders as relictual slender salamanders have been found submerged 
in water and under cover objects with water beneath them. During time 
of drought, water sources may become scarce, and associated riparian 
areas may become hot and dry. The relictual slender salamander and the 
Kern Canyon slender salamander may need to expend more energy and time 
in search of new water sources and humid habitat or may restrict 
surface activity and foraging time to seek shelter in subterranean 
refugia to avoid desiccation during time of drought.

Cover or Shelter

    Kern Canyon slender salamanders and relictual slender salamanders 
require refugia to regulate body temperature,

[[Page 63179]]

forage for prey, and to escape and hide from predators. When active on 
the surface, Kern Canyon slender salamanders and relictual slender 
salamanders shelter under rocks, woody debris, bark, and leaf litter 
with sufficient interstitial spaces to allow for movement of 
salamanders. During dry and hot or cold seasons, Kern Canyon slender 
salamanders and relictual slender salamanders likely shelter in 
subterranean refugia consisting of passages made by other animals or 
produced by root decay, soil shrinkage, or water erosion (Cunningham 
1960, p. 95; Lannoo 2005, pp. 688-693). The Kern Canyon slender 
salamander and the relictual slender salamander perform buccopharyngeal 
respiration (oxygen is taken up simply by diffusion or by the 
contraction and relaxation of the muscles of the cheeks or mouth and 
throat) and are susceptible to cutaneous water loss and desiccation. 
Therefore, a cool, moist microhabitat, either shielded from the sun by 
a cover object or subterranean, is likely preferred refugia to properly 
maintain suitable body temperature and moisture levels, forage for 
prey, and escape from predators.

Sites for Breeding, Reproduction, or Rearing (or Development) of 
Offspring

    Virtually no information is available concerning the life cycle of 
the Kern Canyon slender salamander. Two communal nests of the relictual 
slender salamander containing numerous gravid females and approximately 
125-200 eggs within each nest were observed during the months of March 
and June (Wake et al. 2002, p. 1026; Jockusch et al. 2012, p. 17; 
Jockusch 2021a, pers. comm.). These nests were associated with rocks 
adjacent to seeps (Jockusch 2021a, pers. comm.). Field observations of 
relictual slender salamanders indicate that gravid females may carry 
16-22 eggs (Jockusch 2021b, pers. comm.). In general, female 
Batrachoseps produce one clutch annually (Jockusch 2021b, pers. comm.).
    No information is available as to whether eggs or juvenile Kern 
Canyon slender salamanders and relictual slender salamanders require 
different habitat than adults. However, based on their small size and 
limited range, they likely are found in the same habitat.

Summary of Essential Physical or Biological Features

    We derive the specific physical or biological features essential to 
the conservation of the Kern Canyon slender salamander and the 
relictual slender salamander from studies of the species' habitat, 
ecology, and life history as described below. Additional information 
can be found in the SSA report (Service 2022a, entire; available on 
https://www.regulations.gov under Docket No. FWS-R8-ES-2022-0081). We 
have determined that the following physical or biological features are 
essential to the conservation of the Kern Canyon slender salamander and 
the relictual slender salamander:
    (1) Aquatic habitat consisting of seeps, springs, and streams.
    (2) Riparian habitat consisting of terrestrial areas adjacent to 
seeps, springs, and streams that contain:
    a. Sufficient refugia consisting of woody debris, leaf litter, and 
rocks with abundant interstitial spaces to facilitate safe resting, 
foraging, and movement;
    b. Suitable prey to allow for survival, growth, and reproduction; 
and
    c. Riparian vegetation that provides shade cover contributing to 
cool and moist surface conditions for maintaining homeostasis, foraging 
opportunities, and physical structure for predator avoidance.
    (3) Corridors of aquatic habitat or riparian habitat that provide 
connectivity between patches of occupied habitat to allow for movement 
of individuals.

 Special Management Considerations or Protection

    When designating critical habitat, we assess whether the specific 
areas within the geographical area occupied by the species at the time 
of listing contain features which are essential to the conservation of 
the species and which may require special management considerations or 
protection. The features essential to the conservation of the Kern 
Canyon slender salamander and relictual slender salamander may require 
special management considerations or protection to reduce threats posed 
by: Destructive fires; climate change; and activities that cause 
surface disturbance including forest management activities (for 
example, fuels reduction, hazard tree management, forest restoration, 
prescribed fire), inappropriate livestock grazing, recreational 
activities, road construction and maintenance, and development.
    Management activities that could ameliorate these threats include 
(but are not limited to): Maintaining existing populations and suitable 
habitat within population areas; restoring historical habitat and 
establishing new populations in the lower Kern River Canyon; use of 
best management practices designed to reduce erosion and bank 
destruction; protection of riparian corridors and woody vegetation; 
fencing to exclude livestock from occupied riparian areas; establishing 
and enhancing connectivity between currently occupied populations and 
adjacent suitable habitat; and developing habitat management plans 
based on site-specific conditions for Kern Canyon slender salamander 
and relictual slender salamander habitat.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(2) of the Act, we use the best 
scientific data available to designate critical habitat. In accordance 
with the Act and our implementing regulations at 50 CFR 424.12(b), we 
review available information pertaining to the habitat requirements of 
the species and identify specific areas within the geographical area 
occupied by the species at the time of listing and any specific areas 
outside the geographical area occupied by the species to be considered 
for designation as critical habitat.
    We are proposing to designate critical habitat in areas within the 
geographical area occupied by the Kern Canyon slender salamander and 
the relictual slender salamander at the time of listing. We also are 
proposing to designate specific areas outside the geographical area 
occupied by the Kern Canyon slender salamander and the relictual 
slender salamander because we have determined that those areas are 
essential for the conservation of the species. The currently occupied 
habitat for the Kern Canyon slender salamander and the relictual 
slender salamander is limited. Therefore, we identified suitable 
habitat within the estimated historical range of the Kern Canyon 
slender salamander and the relictual slender salamander that meets the 
definition of critical habitat and that is essential to provide for 
species redundancy into the foreseeable future.
    Sources of data for these two species and their habitat 
requirements include the CNDDB, peer-reviewed articles on these species 
and/or related species, and communication with species experts.
    For areas within the geographic areas occupied by the Kern Canyon 
slender salamander and the relictual slender salamander at the time of 
listing, we delineated critical habitat unit boundaries using the 
following criteria:
    We determined occupied areas for each species by reviewing the 
CNDDB occurrence records for the species and peer-reviewed articles. 
Systematic surveys have not been carried out for both species, and no 
recent searches have been conducted for these species at some 
localities where these species were previously detected. As discussed 
above in Background, both species are

[[Page 63180]]

cryptic and shelter under cover objects when they are active on the 
surface. Because of their cryptic nature and the scarcity of occurrence 
records for both species, we determined that if suitable habitat 
containing the physical or biological features was still present in an 
area where a Kern Canyon slender salamander or a relictual slender 
salamander was previously detected and if there is no record of 
repeated negative searches for the species in that area, that there was 
a high likelihood that the species would still be present even if it 
had not been recently detected. Therefore, based on the best available 
information, we considered all the CNDDB Element Occurrences 
(occurrences) for the Kern Canyon slender salamander as occupied areas 
for the species. Based on the best available information, we considered 
the occurrences of the relictual slender salamander within the lower 
Kern River Canyon to be extirpated or unoccupied areas for the species 
and we considered all other occurrences of the relictual slender 
salamander as occupied areas for the species.
    (1) We selected all suitable habitat (habitat that contained the 
physical or biological features) within a 300-ft (91-m) radius of an 
occurrence record. A 300-ft (91-m) radius was based on the riparian 
conservation areas in Sequoia National Forest outlined in the Land 
Management Plan for Sequoia National Forest (USFS 2019a, p. 16).
    (2) We selected additional contiguous suitable habitat consisting 
of stream segments downstream of occurrence records and associated 
riparian areas within a 300-ft (91-m) radius that contain the physical 
or biological features to include dispersal areas and corridors of 
habitat connectivity for the two species.
    (3) We then constrained the boundary of a critical habitat unit 
based on potential effects of physical barriers (for example, 
residential housing developments) that cause habitat fragmentation and 
prevent connectivity and dispersal opportunities, as we consider that 
individuals of either species would be unable or unlikely to pass such 
barriers.
    We conclude that the occupied areas we are proposing for critical 
habitat provide for the conservation of both species because they are 
habitat that contain all of the physical or biological features for the 
extant occurrences that have been reported to CNDDB and that facilitate 
connectivity and dispersal opportunities within and among occurrences.
    As previously stated, we also identified unoccupied areas for the 
Kern Canyon slender salamander and the relictual slender salamander. We 
have determined that in order to recover the Kern Canyon slender 
salamander, connecting corridors of suitable habitat need to be 
maintained between areas occupied by the species. Therefore, we 
identified two stream segments and riparian habitat associated with 
small streams in the Kern Canyon within the estimated range of the Kern 
Canyon slender salamander that provide corridors of suitable habitat 
(that contain the physical or biological features) between areas 
occupied by the species. For the unoccupied areas for the Kern Canyon 
slender salamander, we selected areas within 20 ft (6 m) of the center 
flowline of the two stream segments and north-facing riparian areas in 
the Kern Canyon within 20 ft (6 m) of the center flowline of the Kern 
River (the Kern Canyon slender salamander is currently only found on 
the south side of the Kern River). The Kern River is not considered 
critical habitat for the Kern Canyon slender salamander. We include 
these unoccupied areas as proposed critical habitat for the Kern Canyon 
slender salamander for the purpose of maintaining habitat connectivity 
between areas occupied by the species, which is essential to the 
conservation of the species. Habitat connectivity is necessary to 
maintain the redundancy of the species and reduce the chance that a 
catastrophic event would eliminate all populations in an area.
    We have determined that in order to recover the relictual slender 
salamander, additional populations will need to be reestablished in 
areas historically occupied by the species and connecting corridors of 
suitable habitat will need to be maintained. Therefore, we identified 
areas outside the geographic area occupied by the relictual slender 
salamander at the time of proposed listing that were historically 
occupied by the relictual slender salamander. For the relictual slender 
salamander, we selected all suitable habitat (habitat that contained 
the physical or biological features) within a 300-ft (91-m) radius of 
the occurrence records that are presumed extirpated in the Kern Canyon. 
We selected additional contiguous suitable habitat consisting of stream 
segments downstream of the occurrence records and associated riparian 
areas within a 300-ft (91-m) radius of the streams to include areas for 
reestablishment and corridors of habitat connectivity. We then selected 
north-facing riparian areas in the Kern Canyon that contain the 
physical or biological features to include connecting corridors of 
suitable habitat between areas for reestablishment and areas occupied 
by the relictual slender salamander at the time of listing. The Kern 
River is not considered habitat for the relictual slender salamander. 
We include these unoccupied areas as proposed critical habitat for the 
relictual slender salamander for the purpose of reestablishing 
populations, which are essential to the conservation of the species 
since few extant populations remain. The addition of reestablished 
populations would increase the redundancy and representation of the 
species and reduce the chance that a catastrophic event would eliminate 
all populations.
    We conclude that these unoccupied areas for the Kern Canyon slender 
salamander and the relictual slender salamander will contribute to the 
conservation of these species, and they contain the physical or 
biological features for the species.
    When determining proposed critical habitat boundaries, we made 
every effort to avoid including developed areas such as lands covered 
by buildings, pavement, and other structures because such lands lack 
physical or biological features necessary for the Kern Canyon slender 
salamander and the relictual slender salamander. The scale of the maps 
we prepared under the parameters for publication within the Code of 
Federal Regulations may not reflect the exclusion of such developed 
lands. Any such lands inadvertently left inside critical habitat 
boundaries shown on the maps of this proposed rule have been excluded 
by text in the proposed rule and are not proposed for designation as 
critical habitat. Therefore, if the critical habitat is finalized as 
proposed, a Federal action involving these lands would not trigger 
section 7 consultation with respect to critical habitat and the 
requirement of no adverse modification unless the specific action would 
affect the physical or biological features in the adjacent critical 
habitat.
    We propose to designate as critical habitat lands that we have 
determined are occupied at the time of listing (that is, currently 
occupied) and that contain one or more of the physical or biological 
features that are essential to support life-history processes of the 
species. We have also identified, and propose for designation as 
critical habitat, unoccupied areas that are essential for the 
conservation of the species.
    Units are proposed for designation based on one or more of the 
physical or biological features being present to support the Kern 
Canyon slender salamander and the relictual slender

[[Page 63181]]

salamander's life-history processes. For the Kern Canyon slender 
salamander, the three occupied units contain all of the identified 
physical or biological features and support multiple life-history 
processes, and the one unoccupied unit contains only some of the 
physical or biological features necessary to support the Kern Canyon 
slender salamander's particular use of that habitat. For the relictual 
slender salamander, the two occupied units contain all of the 
identified physical or biological features and support multiple life-
history processes, and the one unoccupied unit contains only some of 
the physical or biological features necessary to support the relictual 
slender salamander's particular use of that habitat. The unoccupied 
units for both species have aquatic habitat containing seeps, springs, 
and streams that support the life history needs of the species. The 
proposed critical habitat designation is defined by the map or maps, as 
modified by any accompanying regulatory text, presented at the end of 
this document under Proposed Regulation Promulgation. We include more 
detailed information on the boundaries of the critical habitat 
designation in Proposed Critical Habitat Designation for the Kern 
Canyon Slender Salamander and Proposed Critical Habitat Designation for 
the Relictual Slender Salamander. We will make the coordinates or plot 
points or both on which each map is based available to the public on 
https://www.regulations.gov at Docket No. FWS-R8-ES-2022-0081.

Proposed Critical Habitat Designation for the Kern Canyon Slender 
Salamander

    We are proposing to designate four units as critical habitat for 
the Kern Canyon slender salamander, for a total of approximately 2,051 
ac (830 ha). The critical habitat areas we describe below constitute 
our current best assessment of areas that meet the definition of 
critical habitat for the Kern Canyon slender salamander. The areas we 
propose as critical habitat are: (1) Bodfish Creek, (2) Erskine Creek, 
(3) Kern Canyon Tributaries, and (4) Kern Canyon Tributaries and 
Connecting Creeks. Table 3 shows the proposed critical habitat units 
and the approximate area of each unit. Unit 3 overlaps with proposed 
critical habitat for the relictual slender salamander.

                 Table 3--Proposed Critical Habitat Units for the Kern Canyon Slender Salamander
                    [Area estimates reflect all land within critical habitat unit boundaries]
----------------------------------------------------------------------------------------------------------------
         Critical habitat unit            Land ownership by type          Size of unit             Occupied?
----------------------------------------------------------------------------------------------------------------
1. Bodfish Creek......................  Federal Unclassified/      125 ac (50 ha) 19 ac (8).  Yes.
                                         Private.
2. Erskine Creek......................  Federal Unclassified/      182 ac (74 ha) 259 ac      Yes.
                                         Private.                   (105 ha).
3. Kern Canyon Tributaries............  Federal Unclassified/      1,377 ac (557 ha) 32 ac    Yes.
                                         Private.                   (13 ha).
4. Kern Canyon Tributaries and          Federal Unclassified/      25 ac (10 ha) 32 ac (13    No.
 Connecting Creeks.                      Private.                   ha).
                                       -------------------------------------------------------------------------
    Total.............................  .........................  2,051 ac (830 ha)........  ..................
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.

    We present brief descriptions of all units, and reasons why they 
meet the definition of critical habitat for the Kern Canyon slender 
salamander, below.
Unit 1: Bodfish Creek
    This unit encompasses 144 ac (58 ha) within Kern County to the 
south of the Isabella Lake reservoir. This unit stretches along Bodfish 
Creek, approximately from river mile 3.5 to 5.2 (5.6 kilometers [km] 
from the confluence of Bodfish Creek and the Kern River to 8.4 km from 
the confluence of Bodfish Creek and the Kern River). Habitat within 
this unit is largely undeveloped and unfragmented. The majority of 
habitat is federally owned by the USFS and BLM. A small area in the 
southern portion of this unit is within Sequoia National Forest. 
General land use activities on the Federal lands within this unit 
include forest management (for example, fuels reduction, hazard tree 
management, forest restoration, prescribed fire) and grazing. Smaller 
tracts of land in rural areas in the northern portion of this unit are 
owned by private entities and have a small amount of residential 
development and may be used for livestock grazing. Wildfire and climate 
change are the primary ongoing threats to habitat within this unit. 
Physical or biological features in this unit may require special 
management considerations or practices to protect them from impacts 
associated with forest management, recreational development, 
residential development, and grazing. This unit contains extant 
occurrences of the species and encompasses aquatic features and 
riparian habitat that are at higher elevation and are not fragmented by 
roads. This unit includes all the physical or biological features. This 
unit is considered occupied.
Unit 2: Erskine Creek
    This unit encompasses 441 ac (178 ha) within Kern County to the 
south of Isabella Lake, a census-designated place in the Kern Canyon 
south of the Isabella Lake reservoir. This unit stretches along Erskine 
Creek, approximately from river mile 2.8 to 7.2 (4.6 km from the 
confluence of Erskine Creek and the Kern River to 11.6 km from the 
confluence of Erskine Creek and the Kern River). This unit is in a 
rural area and is sparsely fragmented by single lane roads. The 
majority of habitat within this unit is owned by private entities, and 
the remainder of the habitat is federally owned by the BLM. The 
privately owned parcels within this unit contain some residential 
development, and general land-use activities may include livestock 
grazing. General land use activities on the Federal lands within the 
unit include forest management (for example, fuels reduction, hazard 
tree management, forest restoration, prescribed fire), roads, and 
recreational development. Wildfire and climate change are the primary 
ongoing threats to habitat within this unit. Physical or biological 
features in this unit may require special management considerations or 
practices to protect them from impacts associated with forest 
management, roads, recreational development, residential development, 
and grazing. This unit includes all the physical or biological 
features. This unit is considered occupied.
Unit 3: Kern Canyon Tributaries
    This unit encompasses 1,409 ac (570 ha) within Kern County in 
Sequoia National Forest in the Kern Canyon.

[[Page 63182]]

This unit includes segments of streams and small tributaries that feed 
into the Kern River and associated riparian habitat on the south side 
of the Kern Canyon. Small streams within steep ravines and narrow 
canyons provide habitat for the Kern Canyon slender salamander within 
this unit. The mainstem of the Kern River is not considered to be 
habitat for the Kern Canyon slender salamander within this unit. Some 
of the habitat within this unit is fragmented by highway California 
State Route 178, single lane roads, and recreational development. The 
majority of habitat in this unit is federally owned by the USFS. 
General land use activities on Federal lands within the unit include 
forest management (for example, fuels reduction, hazard tree 
management, forest restoration, prescribed fire), grazing, highway 
maintenance, and recreational development. Smaller tracts of habitat 
are owned by private entities and contain a small amount of residential 
and recreational development. Wildfire and climate change are the 
primary ongoing threats to habitat within this unit. Physical or 
biological features in this unit may require special management 
considerations or practices to protect them from impacts associated 
with California State Route 178 and other roads, forest management, 
recreational development, residential development, and grazing. This 
unit includes all the physical or biological features. This unit is 
considered occupied.
Unit 4: Kern Canyon Tributaries and Connecting Creeks
    This unit encompasses 57 ac (23 ha) within Kern County in the Kern 
Canyon and along segments of Bodfish Creek and Erskine Creek to the 
south of the Kern Canyon. This unit includes habitat along streams and 
small tributaries that feed into the Kern River and associated riparian 
habitat within a narrow area in the Kern Canyon. This unit also 
contains the segment of Bodfish Creek from the confluence of the creek 
and the Kern River to Bodfish Creek river mile 3.5 (5.6 km from the 
confluence of Bodfish Creek and the Kern River) and a narrow area of 
riparian habitat associated with the creek. This unit also contains the 
segment of Erskine Creek from the confluence of the creek with the Kern 
River to Erskine Creek river mile 2.8 (4.6 km from the confluence of 
Erskine Creek and the Kern River) and a narrow area of riparian habitat 
associated with the creek. The mainstem of the Kern River is not 
considered to be habitat for the Kern Canyon slender salamander within 
this unit. The majority of the land within this unit in the Kern Canyon 
is under Federal landownership (USFS and BLM). General land use 
activities on these Federal lands include forest management (for 
example, fuels reduction, hazard tree management, forest restoration, 
prescribed fire), grazing, highway maintenance, and recreational 
development. The segments of Bodfish Creek and Erskine Creek included 
in this unit pass through smaller tracts of land that are owned by 
private entities and contain residential and commercial development. 
Wildfire and climate change are the primary ongoing threats to habitat 
within this unit. Physical or biological features in this unit may 
require special management considerations or practices to protect them 
from impacts associated with forest management, California State Route 
178 and other roads, recreational development, residential development, 
and grazing. This unit includes the physical or biological features of 
aquatic habitat required by the species (seeps, springs, and streams; 
riparian habitat; and prey) as well as corridors of aquatic habitat 
that provide connectivity between patches of occupied habitat. This 
unit is considered unoccupied but is essential for the conservation of 
the species because it contains aquatic and riparian features that 
support connectivity between occupied habitat at lower elevations in 
the Kern Canyon and occupied habitat at higher elevations along Bodfish 
and Erskine Creeks.

Proposed Critical Habitat Designation for the Relictual Slender 
Salamander

    We are proposing three units as critical habitat for the relictual 
slender salamander, for a total of approximately 2,685 ac (1,087 ha). 
The critical habitat areas we describe below constitute our current 
best assessment of areas that meet the definition of critical habitat 
for the relictual slender salamander. The three areas we propose as 
critical habitat are: (1) Kern Canyon Tributaries, (2) Lucas Creek, and 
(3) Mill Creek. Table 4 shows the proposed critical habitat units and 
the approximate area of each unit. Unit 1 overlaps with proposed 
critical habitat for the Kern Canyon slender salamander.

                  Table 4--Proposed Critical Habitat Units for the Relictual Slender Salamander
                    [Area estimates reflect all land within critical habitat unit boundaries]
----------------------------------------------------------------------------------------------------------------
         Critical habitat unit            Land ownership by type          Size of unit             Occupied?
----------------------------------------------------------------------------------------------------------------
1. Kern Canyon Tributaries............  Federal Unclassified/      713 ac (289 ha) 10 ac (4   No.
                                         Private.                   ha).
2. Lucas Creek........................  Federal Unclassified/      761 ac (308 ha) 2 ac (1    Yes.
                                         Private.                   ha).
3. Mill Creek.........................  Federal Unclassified/      1,190 ac (481 ha) 9 ac (4  Yes.
                                         Private.                   ha).
                                       -------------------------------------------------------------------------
    Total.............................  .........................  2,685 ac (1,087 ha)......  ..................
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.

    We present brief descriptions of all units, and reasons why they 
meet the definition of critical habitat for the relictual slender 
salamander, below.
Unit 1: Kern Canyon Tributaries
    This unit encompasses 723 ac (293 ha) within Kern County in the 
Kern Canyon within Sequoia National Forest. This unit includes segments 
of small streams and associated riparian habitat on the south side of 
the Kern Canyon. The mainstem of the Kern River is not considered to be 
habitat for the relictual slender salamander within this unit. Some 
habitat within this unit is fragmented by a highway (California State 
Route 178), single-lane roads, and recreational development. The 
majority of habitat in this unit is federally owned by the USFS, and a 
small area of habitat is privately owned. General land use activities 
on Federal lands within this unit include forest management (for 
example, fuels reduction, hazard tree management), grazing, highway 
maintenance, and recreational development. Wildfire and climate change 
are the primary ongoing threats to habitat in this unit. This unit

[[Page 63183]]

includes aquatic habitat and riparian habitat for the relictual slender 
salamander, including seeps, springs, and streams. This unit is 
considered unoccupied as the relictual slender salamander is thought to 
be extirpated from all sites in the Kern Canyon (Jennings and Hayes 
1994, p. 22; Lannoo 2005, p. 688; Jockusch et al. 2012, p. 17). This 
unit is essential for the conservation of the species because it 
encompasses historically occupied habitat that previously supported 
multiple occurrences of the species and reestablishment of the species 
in the habitat within this unit is needed to increase the redundancy of 
the species.
Unit 2: Lucas Creek
    This unit encompasses 763 ac (309 ha) within Kern County to the 
south of the Kern Canyon in Sequoia National Forest. This unit extends 
south from the Kern Canyon along Lucas Creek and two unnamed 
tributaries to Lucas Creek on Breckenridge Mountain. Land within this 
unit is largely undeveloped and only sparsely fragmented by single-lane 
roads, recreational development, and small parcels that contain 
residential development. Most of the habitat in this unit is federally 
owned by the USFS. General land use activities on Federal lands within 
the unit include forest management (for example, fuels reduction, 
timber harvest, hazard tree management, forest restoration, prescribed 
fire), grazing, road maintenance, and recreational development. 
Wildfire and climate change are the primary ongoing threats to the 
habitat in this unit. Physical or biological features in this unit may 
require special management considerations or practices to protect them 
from impacts associated with forest management, roads, recreational 
development, residential development, and grazing. This unit includes 
all the physical or biological features. This unit is considered 
occupied.
Unit 3: Mill Creek
    This unit encompasses 1,199 ac (485 ha) within Kern County to the 
south of the Kern Canyon in Sequoia National Forest. This unit extends 
south from the Kern Canyon along Mill Creek and an unnamed tributary to 
Mill Creek on Breckenridge Mountain. Land within this unit is largely 
undeveloped and only sparsely fragmented by single-lane roads and some 
recreational development. The majority of habitat in this unit is 
federally owned by the USFS, and a small area of habitat is owned by 
private entities. General land use activities on Federal lands within 
this unit include forest management (for example, timber harvest, fuels 
reduction, hazard tree management, forest restoration, prescribed 
fire), grazing, road maintenance, and recreational development. 
Wildfire and climate change are the primary ongoing threats to the 
habitat in this unit. Physical or biological features in this unit may 
require special management considerations or practices to protect them 
from impacts associated with forest management, roads, recreational 
development, and grazing. This unit includes all the physical or 
biological features. This unit is considered occupied.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) of the Act requires Federal agencies, including the 
Service, to ensure that any action they fund, authorize, or carry out 
is not likely to jeopardize the continued existence of any endangered 
species or threatened species or result in the destruction or adverse 
modification of designated critical habitat of such species. In 
addition, section 7(a)(4) of the Act requires Federal agencies to 
confer with the Service on any agency action which is likely to 
jeopardize the continued existence of any species proposed to be listed 
under the Act or result in the destruction or adverse modification of 
proposed critical habitat.
    We published a final rule revising the definition of destruction or 
adverse modification on February 11, 2016 (81 FR 7214). Although we 
also published a revised definition after that (84 FR 44976, August 27, 
2019), the 2019 definition was subsequently vacated by the court in CBD 
v. Haaland. Destruction or adverse modification means a direct or 
indirect alteration that appreciably diminishes the value of critical 
habitat for the conservation of a listed species. Such alterations may 
include, but are not limited to, those that alter the physical or 
biological features essential to the conservation of a species or that 
preclude or significantly delay development of such features.
    If a Federal action may affect a listed species or its critical 
habitat, the responsible Federal agency (action agency) must enter into 
consultation with us. Examples of actions that are subject to the 
section 7 consultation process are actions on State, Tribal, local, or 
private lands that require a Federal permit (such as a permit from the 
U.S. Army Corps of Engineers under section 404 of the Clean Water Act 
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10 
of the Act) or that involve some other Federal action (such as funding 
from the Federal Highway Administration, Federal Aviation 
Administration, or the Federal Emergency Management Agency). Federal 
actions not affecting listed species or critical habitat--and actions 
on State, Tribal, local, or private lands that are not federally 
funded, authorized, or carried out by a Federal agency--do not require 
section 7 consultation.
    Compliance with the requirements of section 7(a)(2) is documented 
through our issuance of:
    (1) A concurrence letter for Federal actions that may affect, but 
are not likely to adversely affect, listed species or critical habitat; 
or
    (2) A biological opinion for Federal actions that may affect, and 
are likely to adversely affect, listed species or critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species and/or 
destroy or adversely modify critical habitat, we provide reasonable and 
prudent alternatives to the project, if any are identifiable, that 
would avoid the likelihood of jeopardy and/or destruction or adverse 
modification of critical habitat. We define ``reasonable and prudent 
alternatives'' (at 50 CFR 402.02) as alternative actions identified 
during consultation that:
    (1) Can be implemented in a manner consistent with the intended 
purpose of the action,
    (2) Can be implemented consistent with the scope of the Federal 
agency's legal authority and jurisdiction,
    (3) Are economically and technologically feasible, and
    (4) Would, in the Service Director's opinion, avoid the likelihood 
of jeopardizing the continued existence of the listed species and/or 
avoid the likelihood of destroying or adversely modifying critical 
habitat.
    Reasonable and prudent alternatives can vary from slight project 
modifications to extensive redesign or relocation of the project. Costs 
associated with implementing a reasonable and prudent alternative are 
similarly variable.
    Regulations at 50 CFR 402.16 set forth requirements for Federal 
agencies to reinitiate formal consultation on previously reviewed 
actions. These requirements apply when the Federal agency has retained 
discretionary involvement or control over the action (or the agency's 
discretionary involvement or control is authorized by law) and, 
subsequent to the previous consultation: (a) if the amount or extent

[[Page 63184]]

of taking specified in the incidental take statement is exceeded; (b) 
if new information reveals effects of the action that may affect listed 
species or critical habitat in a manner or to an extent not previously 
considered; (c) if the identified action is subsequently modified in a 
manner that causes an effect to the listed species or critical habitat 
that was not considered in the biological opinion; or (d) if a new 
species is listed or critical habitat designated that may be affected 
by the identified action.
    In such situations, Federal agencies sometimes may need to request 
reinitiation of consultation with us, but the regulations also specify 
some exceptions to the requirement to reinitiate consultation on 
specific land management plans after subsequently listing a new species 
or designating new critical habitat. See the regulations for a 
description of those exceptions.

Application of the ``Destruction or Adverse Modification'' Standard

    The key factor related to the destruction or adverse modification 
determination is whether implementation of the proposed Federal action 
directly or indirectly alters the designated critical habitat in a way 
that appreciably diminishes the value of the critical habitat for the 
conservation of the listed species. As discussed above, the role of 
critical habitat is to support physical or biological features 
essential to the conservation of a listed species and provide for the 
conservation of the species.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe, in any proposed or final regulation that designates critical 
habitat, activities involving a Federal action that may violate section 
7(a)(2) of the Act by destroying or adversely modifying such habitat, 
or that may be affected by such designation.
    Activities that we may, during a consultation under section 7(a)(2) 
of the Act, consider likely to destroy or adversely modify critical 
habitat include, but are not limited to: Construction or maintenance of 
roads, maintenance of recreation sites and trails, and land development 
that require clearing, digging, and/or otherwise altering suitable 
habitat. Clearing of vegetation and digging could remove vegetation, 
alter hydrology of seeps, springs, or streams, and remove rocks or 
woody debris, which would contribute to losses of shelter, prey, 
ability to thermoregulate, and conditions for a cool, moist 
microhabitat. Additionally, development, roads, and construction 
projects can fragment tracts of suitable habitat, and may inhibit 
dispersal of the Kern Canyon slender salamander and the relictual 
slender salamander between remaining areas of suitable habitat. 
Activities that are not expected to destroy or adversely modify 
critical habitat include alteration of flows within the Kern River, as 
faster moving parts of the river do not contain the physical or 
biological features that support the Kern Canyon slender salamander or 
the relictual slender salamander (see Space for Individual and 
Population Growth and for Normal Behavior above).

Exemptions

Application of Section 4(a)(3) of the Act

    Section 4(a)(3)(B)(i) of the Act (16 U.S.C. 1533(a)(3)(B)(i)) 
provides that the Secretary shall not designate as critical habitat any 
lands or other geographical areas owned or controlled by the Department 
of Defense (DoD), or designated for its use, that are subject to an 
integrated natural resources management plan (INRMP) prepared under 
section 101 of the Sikes Act Improvement Act of 1997 (16 U.S.C. 670a), 
if the Secretary determines in writing that such plan provides a 
benefit to the species for which critical habitat is proposed for 
designation. No DoD lands with a completed INRMP are within the 
proposed critical habitat designation for either the Kern Canyon 
slender salamander or the relictual slender salamander.

Consideration of Impacts Under Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act states that the Secretary shall 
designate and make revisions to critical habitat on the basis of the 
best available scientific data after taking into consideration the 
economic impact, national security impact, and any other relevant 
impact of specifying any particular area as critical habitat. The 
Secretary may exclude an area from designated critical habitat based on 
economic impacts, impacts on national security, or any other relevant 
impacts. Exclusion decisions are governed by the regulations at 50 CFR 
424.19 and the Policy Regarding Implementation of Section 4(b)(2) of 
the Endangered Species Act (hereafter, the ``2016 Policy''; 81 FR 7226, 
February 11, 2016), both of which were developed jointly with the 
National Marine Fisheries Service (NMFS). We also refer to a 2008 
Department of the Interior Solicitor's opinion entitled ``The 
Secretary's Authority to Exclude Areas from a Critical Habitat 
Designation under Section 4(b)(2) of the Endangered Species Act'' (M-
37016). We explain each decision to exclude areas, as well as decisions 
not to exclude, to demonstrate that the decision is reasonable.
    In considering whether to exclude a particular area from the 
designation, we identify the benefits of including the area in the 
designation, identify the benefits of excluding the area from the 
designation, and evaluate whether the benefits of exclusion outweigh 
the benefits of inclusion. If the analysis indicates that the benefits 
of exclusion outweigh the benefits of inclusion, the Secretary may 
exercise discretion to exclude the area only if such exclusion would 
not result in the extinction of the species. In making the 
determination to exclude a particular area, the statute on its face, as 
well as the legislative history, are clear that the Secretary has broad 
discretion regarding which factor(s) to use and how much weight to give 
to any factor. We describe below the process that we undertook for 
taking into consideration each category of impacts and our analyses of 
the relevant impacts.

Consideration of Economic Impacts

    Section 4(b)(2) of the Act and its implementing regulations require 
that we consider the economic impact that may result from a designation 
of critical habitat. To assess the probable economic impacts of a 
designation, we must first evaluate specific land uses or activities 
and projects that may occur in the area of the critical habitat. We 
then must evaluate the impacts that a specific critical habitat 
designation may have on restricting or modifying specific land uses or 
activities for the benefit of the species and its habitat within the 
areas proposed. We then identify which conservation efforts may be the 
result of the species being listed under the Act versus those 
attributed solely to the designation of critical habitat for this 
particular species. The probable economic impact of a proposed critical 
habitat designation is analyzed by comparing scenarios both ``with 
critical habitat'' and ``without critical habitat.''
    The ``without critical habitat'' scenario represents the baseline 
for the analysis, which includes the existing regulatory and socio-
economic burden imposed on landowners, managers, or other resource 
users potentially affected by the designation of critical habitat 
(e.g., under the Federal listing as well as other Federal, State, and 
local regulations). Therefore, the baseline represents the costs of all 
efforts attributable to the listing of the species under the Act (i.e., 
conservation of the species and its habitat incurred

[[Page 63185]]

regardless of whether critical habitat is designated). The ``with 
critical habitat'' scenario describes the incremental impacts 
associated specifically with the designation of critical habitat for 
the species. The incremental conservation efforts and associated 
impacts would not be expected without the designation of critical 
habitat for the species. In other words, the incremental costs are 
those attributable solely to the designation of critical habitat, above 
and beyond the baseline costs. These are the costs we use when 
evaluating the benefits of inclusion and exclusion of particular areas 
from the final designation of critical habitat should we choose to 
conduct a discretionary 4(b)(2) exclusion analysis.
    Executive Orders (E.O.s) 12866 and 13563 direct Federal agencies to 
assess the costs and benefits of available regulatory alternatives in 
quantitative (to the extent feasible) and qualitative terms. Consistent 
with the E.O. regulatory analysis requirements, our effects analysis 
under the Act may take into consideration impacts to both directly and 
indirectly affected entities, where practicable and reasonable. If 
sufficient data are available, we assess to the extent practicable the 
probable impacts to both directly and indirectly affected entities. 
Section 3(f) of E.O. 12866 identifies four criteria when a regulation 
is considered a ``significant'' rulemaking and requires additional 
analysis, review, and approval if met. The criteria relevant here is 
whether the designation of critical habitat may have an economic effect 
of greater than $100 million in any given year (section 3(f)(1)). 
Therefore, our consideration of economic impacts uses a screening 
analysis to assess whether a designation of critical habitat for the 
Kern Canyon slender salamander and the relictual slender salamander is 
likely to exceed the economically significant threshold.
    For this particular designation, we developed an incremental 
effects memorandum (IEM) considering the probable incremental economic 
impacts that may result from this proposed designation of critical 
habitat. The information contained in our IEM was then used to develop 
a screening analysis of the probable effects of the designation of 
critical habitat for the Kern Canyon slender salamander and the 
relictual slender salamander (IEc 2022, entire). We began by conducting 
a screening analysis of the proposed designation of critical habitat in 
order to focus our analysis on the key factors that are likely to 
result in incremental economic impacts. The purpose of the screening 
analysis is to filter out particular geographic areas of critical 
habitat that are already subject to such protections and are, 
therefore, unlikely to incur incremental economic impacts. In 
particular, the screening analysis considers baseline costs (that is, 
absent critical habitat designation) and includes any probable 
incremental economic impacts where land and water use may already be 
subject to conservation plans, land management plans, best management 
practices, or regulations that protect the habitat area as a result of 
the Federal listing status of the species. Ultimately, the screening 
analysis allows us to focus our analysis on evaluating the specific 
areas or sectors that may incur probable incremental economic impacts 
as a result of the designation. The presence of the listed species in 
occupied areas of critical habitat means that any destruction or 
adverse modification of those areas will also jeopardize the continued 
existence of the species. Therefore, designating occupied areas as 
critical habitat typically causes little if any incremental impacts 
above and beyond the impacts of listing the species. Therefore, the 
screening analysis focuses on areas of unoccupied critical habitat. If 
there are any unoccupied units in the proposed critical habitat 
designation, the screening analysis assesses whether any additional 
management or conservation efforts may incur incremental economic 
impacts. This screening analysis combined with the information 
contained in our IEM constitute what we consider to be our draft 
economic analysis (DEA) of the proposed critical habitat designation 
for the Kern Canyon slender salamander and the relictual slender 
salamander; our DEA is summarized in the narrative below.
    As part of our screening analysis, we considered the types of 
economic activities that are likely to occur within the areas likely 
affected by the critical habitat designation. In our evaluation of the 
probable incremental economic impacts that may result from the proposed 
designation of critical habitat for the Kern Canyon slender salamander 
and the relictual slender salamander, first we identified, in the IEM 
dated March 1, 2022, probable incremental economic impacts associated 
with the following categories of activities: fuels management, 
recreation, utilities management, roads, and grazing. We considered 
each industry or category individually. Additionally, we considered 
whether their activities have any Federal involvement. Critical habitat 
designation generally will not affect activities that do not have any 
Federal involvement; under the Act, designation of critical habitat 
affects only activities conducted, funded, permitted, or authorized by 
Federal agencies. If we list these species, in areas where the Kern 
Canyon slender salamander or the relictual slender salamander is 
present, Federal agencies would be required to consult with the Service 
under section 7 of the Act on activities they fund, permit, or 
implement that may affect these species. Moreover, if we finalize the 
proposed critical habitat designations, our consultations would include 
an evaluation of measures to avoid the destruction or adverse 
modification of critical habitat.
    In our IEM, we attempted to clarify the distinction between the 
effects that would result from the species being listed and those 
attributable to the critical habitat designation (that is, the 
difference between the jeopardy and adverse modification standards) for 
the Kern Canyon slender salamander's and the relictual slender 
salamander's critical habitat. Because the designation of critical 
habitat for the Kern Canyon slender salamander and the relictual 
slender salamander is being proposed concurrently with the listing, it 
has been our experience that it is more difficult to discern which 
conservation efforts are attributable to the species being listed and 
those which will result solely from the designation of critical 
habitat. However, the following specific circumstances in this case 
help to inform our evaluation: (1) The essential physical or biological 
features identified for critical habitat are the same features 
essential for the life requisites of the species, and (2) any actions 
that would likely adversely affect the essential physical or biological 
features of occupied critical habitat are also likely to adversely 
affect the species itself. The IEM outlines our rationale concerning 
this limited distinction between baseline conservation efforts and 
incremental impacts of the designation of critical habitat for this 
species. This evaluation of the incremental effects has been used as 
the basis to evaluate the probable incremental economic impacts of this 
proposed designation of critical habitat.
    The proposed critical habitat designation for the Kern Canyon 
slender salamander totals 2,051 ac (830 ha) in four units, one of which 
is unoccupied. The proposed critical habitat designation for the 
relictual slender salamander totals 2,685 ac (1,087 ha) in three units, 
one of which is unoccupied.
    The screening analysis concluded that, for all occupied areas, the 
economic costs of critical habitat designations will most likely be 
limited

[[Page 63186]]

to additional administrative efforts to consider adverse modification 
in section 7 consultations, as the listing of both species is happening 
concurrently with critical habitat designation, and all occupied units 
would still need to undergo section 7 consultation due to listing 
regardless of critical habitat designation. For occupied units, we 
anticipate that recommendations to avoid adverse modification would be 
similar to those recommendations to avoid jeopardizing the species. For 
the unoccupied units, section 7 consultations would not occur if not 
for the presence of critical habitat, so additional costs would occur 
(IEc 2022, p. 9). The screening analysis forecasts a total of nine 
consultations per year for the relictual slender salamander (two formal 
and seven informal) and seven consultations per year for the Kern 
Canyon slender salamander (all informal). Including additional costs 
for consultation in unoccupied critical habitat, the total cost is 
anticipated to be $86,600 per year for the relictual slender salamander 
and $45,000 per year for the Kern Canyon slender salamander (IEc 2022, 
exhibit 9). Overall, the additional administrative burden is 
anticipated to fall well below the $100 million annual threshold for 
each species.
    We are soliciting data and comments from the public on the DEA 
discussed above, as well as on all aspects of this proposed rule and 
our required determinations. During the development of a final 
designation, we will consider the information presented in the DEA and 
any additional information on economic impacts we receive during the 
public comment period to determine whether any specific areas should be 
excluded from the final critical habitat designation under authority of 
section 4(b)(2) and our implementing regulations at 50 CFR 424.19. We 
may exclude an area from critical habitat if we determine that the 
benefits of excluding the area outweigh the benefits of including the 
area, provided the exclusion will not result in the extinction of these 
species.

Consideration of National Security Impacts

    Section 4(a)(3)(B)(i) of the Act may not cover all DoD lands or 
areas that pose potential national-security concerns (e.g., a DoD 
installation that is in the process of revising its INRMP for a newly 
listed species or a species previously not covered). If a particular 
area is not covered under section 4(a)(3)(B)(i), then national-security 
or homeland-security concerns are not a factor in the process of 
determining what areas meet the definition of ``critical habitat.'' 
However, the Service must still consider impacts on national security, 
including homeland security, on those lands or areas not covered by 
section 4(a)(3)(B)(i) because section 4(b)(2) requires the Service to 
consider those impacts whenever it designates critical habitat. 
Accordingly, if DoD, the Department of Homeland Security (DHS), or 
another Federal agency has requested exclusion based on an assertion of 
national-security or homeland-security concerns, or we have otherwise 
identified national-security or homeland-security impacts from 
designating particular areas as critical habitat, we generally have 
reason to consider excluding those areas.
    However, we cannot automatically exclude requested areas. When DoD, 
DHS, or another Federal agency requests exclusion from critical habitat 
on the basis of national-security or homeland-security impacts, we must 
conduct an exclusion analysis if the Federal requester provides 
information, including a reasonably specific justification of an 
incremental impact on national security that would result from the 
designation of that specific area as critical habitat. That 
justification could include demonstration of probable impacts, such as 
impacts to ongoing border-security patrols and surveillance activities, 
or a delay in training or facility construction, as a result of 
compliance with section 7(a)(2) of the Act. If the agency requesting 
the exclusion does not provide us with a reasonably specific 
justification, we will contact the agency to recommend that it provide 
a specific justification or clarification of its concerns relative to 
the probable incremental impact that could result from the designation. 
If we conduct an exclusion analysis because the agency provides a 
reasonably specific justification or because we decide to exercise the 
discretion to conduct an exclusion analysis, we will defer to the 
expert judgment of DoD, DHS, or another Federal agency as to: (1) 
Whether activities on its lands or waters, or its activities on other 
lands or waters, have national-security or homeland-security 
implications; (2) the importance of those implications; and (3) the 
degree to which the cited implications would be adversely affected in 
the absence of an exclusion. In that circumstance, in conducting a 
discretionary section 4(b)(2) exclusion analysis, we will give great 
weight to national-security and homeland-security concerns in analyzing 
the benefits of exclusion.
    In preparing this proposal, we have determined that the lands 
within the proposed designation of critical habitat for the Kern Canyon 
slender salamander and the relictual slender salamander are not owned 
or managed by the DoD or DHS, and, therefore, we anticipate no impact 
on national security or homeland security. However, if through the 
public comment period we receive information regarding impacts on 
national security or homeland security from designating particular 
areas as critical habitat, then as part of developing the final 
designation of critical habitat, we will conduct a discretionary 
exclusion analysis to determine whether to exclude those areas under 
authority of section 4(b)(2) and our implementing regulations at 50 CFR 
424.19.

Consideration of Other Relevant Impacts

    Under section 4(b)(2) of the Act, we consider any other relevant 
impacts, in addition to economic impacts and impacts on national 
security discussed above. To identify other relevant impacts that may 
affect the exclusion analysis, we consider a number of factors, 
including whether there are permitted conservation plans covering the 
species in the area--such as HCPs, safe harbor agreements (SHAs), or 
candidate conservation agreements with assurances (CCAAs)--or whether 
there are non-permitted conservation agreements and partnerships that 
may be impaired by designation of, or exclusion from, critical habitat. 
In addition, we look at whether Tribal conservation plans or 
partnerships, Tribal resources, or government-to-government 
relationships of the United States with Tribal entities may be affected 
by the designation. We also consider any State, local, social, or other 
impacts that might occur because of the designation.
    We have not identified any areas to consider for exclusion from 
critical habitat based on other relevant impacts because there are no 
HCPs or other management plans for the Kern Canyon slender salamander 
or the relictual slender salamander that may be impaired by designation 
of or exclusion from critical habitat, and the proposed designation 
does not include any Tribal lands or trust resources. However, during 
the development of a final designation, we will consider all 
information currently available or received during the public comment 
period that we determine indicates that there is a potential for the 
benefits of exclusion to outweigh the benefits of inclusion. If we 
evaluate information regarding a request for an exclusion and we do not 
exclude, we will fully describe our rationale for not excluding

[[Page 63187]]

in the final critical habitat determination. We may also exercise the 
discretion to undertake exclusion analyses for other areas as well, and 
we will describe all of our exclusion analyses as part of a final 
critical habitat determination.

Summary of Exclusions Considered Under 4(b)(2) of the Act

    In preparing this proposal, we have determined that no HCPs or 
other management plans for the Kern Canyon slender salamander or the 
relictual slender salamander currently exist that may be impaired by 
designation of or exclusion from critical habitat, and the proposed 
designation does not include any Tribal lands or trust resources or any 
lands for which designation would have any economic or national 
security impacts. Therefore, we anticipate no impact on Tribal lands, 
partnerships, or HCPs from this proposed critical habitat designation 
and thus, as described above, we are not considering excluding any 
particular areas on the basis of the presence of conservation 
agreements or impacts to trust resources.
    During the development of a final designation, we will consider any 
additional information received through the public comment period 
regarding other relevant impacts to determine whether any specific 
areas should be excluded from the final critical habitat designation 
under authority of section 4(b)(2), our implementing regulations at 50 
CFR 424.19, and the joint 2016 Policy.

Required Determinations

Clarity of the Rule

    We are required by E.O.s 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:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) 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 better 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, 
the sections where you feel lists or tables would be useful, etc.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of E.O. 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 and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this proposed rule in a manner 
consistent with these requirements.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA; 5 U.S.C. 801 et seq.), whenever an agency is required to 
publish a notice of rulemaking for any proposed or final rule, it must 
prepare and make available for public comment a regulatory flexibility 
analysis that describes the effects of the rule on small entities 
(i.e., small businesses, small organizations, and small government 
jurisdictions). However, no regulatory flexibility analysis is required 
if the head of the agency certifies the rule will not have a 
significant economic impact on a substantial number of small entities. 
The SBREFA amended the RFA to require Federal agencies to provide a 
certification statement of the factual basis for certifying that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    According to the Small Business Administration, small entities 
include small organizations such as independent nonprofit 
organizations; small governmental jurisdictions, including school 
boards and city and town governments that serve fewer than 50,000 
residents; and small businesses (13 CFR 121.201). Small businesses 
include manufacturing and mining concerns with fewer than 500 
employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual sales less than $750,000. To determine whether potential 
economic impacts to these small entities are significant, we considered 
the types of activities that might trigger regulatory impacts under 
this designation as well as types of project modifications that may 
result. In general, the term ``significant economic impact'' is meant 
to apply to a typical small business firm's business operations.
    Under the RFA, as amended, and as understood in light of recent 
court decisions, Federal agencies are required to evaluate the 
potential incremental impacts of rulemaking on those entities directly 
regulated by the rulemaking itself; in other words, the RFA does not 
require agencies to evaluate the potential impacts to indirectly 
regulated entities. The regulatory mechanism through which critical 
habitat protections are realized is section 7 of the Act, which 
requires Federal agencies, in consultation with the Service, to ensure 
that any action authorized, funded, or carried out by the agency is not 
likely to destroy or adversely modify critical habitat. Therefore, 
under section 7, only Federal action agencies are directly subject to 
the specific regulatory requirement (avoiding destruction and adverse 
modification) imposed by critical habitat designation. Consequently, it 
is our position that only Federal action agencies would be directly 
regulated if we adopt the proposed critical habitat designation. The 
RFA does not require evaluation of the potential impacts to entities 
not directly regulated. Moreover, Federal agencies are not small 
entities. Therefore, because no small entities would be directly 
regulated by this rulemaking, the Service certifies that, if made final 
as proposed, the proposed critical habitat designation will not have a 
significant economic impact on a substantial number of small entities.
    In summary, we have considered whether the proposed designation 
would result in a significant economic impact on a substantial number 
of small entities. For the above reasons and based on currently 
available information, we certify that, if made final, the proposed 
critical habitat designation would not have a significant economic 
impact on a substantial

[[Page 63188]]

number of small business entities. Therefore, an initial regulatory 
flexibility analysis is not required.

Energy Supply, Distribution, or Use--Executive Order 13211

    Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use) requires 
agencies to prepare statements of energy effects when undertaking 
certain actions. Some utility infrastructure exists in the proposed 
designation for critical habitat, including communication sites in the 
Lower Kern River Canyon and on Breckenridge Mountain and transmission 
lines and an electrical subunit in the Lower Kern River Canyon within 
Sequoia National Forest. In our economic analysis, we did not find that 
this proposed critical habitat designation would significantly affect 
energy supplies, distribution, or use. Therefore, this action is not a 
significant energy action, and no statement of energy effects is 
required.

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we make the following finding:
    (1) This proposed 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, and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or Tribal governments'' with two 
exceptions. It excludes ``a condition of Federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and Tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding,'' and the State, local, or Tribal 
governments ``lack authority'' to adjust accordingly. At the time of 
enactment, these entitlement programs were: Medicaid; Aid to Families 
with Dependent Children work programs; Child Nutrition; Food Stamps; 
Social Services Block Grants; Vocational Rehabilitation State Grants; 
Foster Care, Adoption Assistance, and Independent Living; Family 
Support Welfare Services; and Child Support Enforcement. ``Federal 
private sector mandate'' includes a regulation that ``would impose an 
enforceable duty upon the private sector, except (i) a condition of 
Federal assistance or (ii) a duty arising from participation in a 
voluntary Federal program.''
    The designation of critical habitat does not impose a legally 
binding duty on non-Federal Government entities or private parties. 
Under the Act, the only regulatory effect is that Federal agencies must 
ensure that their actions do not destroy or adversely modify critical 
habitat under section 7. While non-Federal entities that receive 
Federal funding, assistance, or permits, or that otherwise require 
approval or authorization from a Federal agency for an action, may be 
indirectly impacted by the designation of critical habitat, the legally 
binding duty to avoid destruction or adverse modification of critical 
habitat rests squarely on the Federal agency. Furthermore, to the 
extent that non-Federal entities are indirectly impacted because they 
receive Federal assistance or participate in a voluntary Federal aid 
program, the Unfunded Mandates Reform Act would not apply, nor would 
critical habitat shift the costs of the large entitlement programs 
listed above onto State governments.
    (2) We do not believe that this rule would significantly or 
uniquely affect small governments. The lands being proposed for 
critical habitat designation are owned by Kern County, BLM, and the 
U.S. Forest Service. None of these government entities fits the 
definition of ``small governmental jurisdiction.'' Therefore, a small 
government agency plan is not required.

Takings--Executive Order 12630

    In accordance with E.O. 12630 (Government Actions and Interference 
with Constitutionally Protected Private Property Rights), we have 
analyzed the potential takings implications of designating critical 
habitat for the Kern Canyon slender salamander and the relictual 
slender salamander in a takings implications assessment. The Act does 
not authorize the Service to regulate private actions on private lands 
or confiscate private property as a result of critical habitat 
designation. Designation of critical habitat does not affect land 
ownership, or establish any closures, or restrictions on use of or 
access to the designated areas. Furthermore, the designation of 
critical habitat does not affect landowner actions that do not require 
Federal funding or permits, nor does it preclude development of habitat 
conservation programs or issuance of incidental take permits to permit 
actions that do require Federal funding or permits to go forward. 
However, Federal agencies are prohibited from carrying out, funding, or 
authorizing actions that would destroy or adversely modify critical 
habitat. A takings implications assessment has been completed for the 
proposed designation of critical habitat for the Kern Canyon slender 
salamander and the relictual slender salamander, and it concludes that, 
if adopted, this designation of critical habitat does not pose 
significant takings implications for lands within or affected by the 
designation.

Federalism--Executive Order 13132

    In accordance with E.O. 13132 (Federalism), this proposed rule does 
not have significant federalism effects. A federalism summary impact 
statement is not required. In keeping with Department of the Interior 
and Department of Commerce policy, we requested information from, and 
coordinated development of this proposed critical habitat designation 
with, appropriate State resource agencies. From a federalism 
perspective, the designation of critical habitat directly affects only 
the responsibilities of Federal agencies. The Act imposes no other 
duties with respect to critical habitat, either for States and local 
governments, or for anyone else. As a result, the proposed rule does 
not have substantial direct effects either on the States, or on the 
relationship between the Federal Government and the States, or on the 
distribution of powers and responsibilities among the various levels of 
government. The proposed designation may have some benefit to these 
governments because the areas that contain the features essential to 
the conservation of the species are more clearly defined, and the 
physical or biological features of the habitat necessary for the 
conservation of the species are specifically identified. This 
information does not alter where and what federally sponsored 
activities may occur. However, it may assist State and local 
governments in long-range planning because they no longer have to wait 
for case-by-case section 7 consultations to occur.
    Where State and local governments require approval or authorization 
from a Federal agency for actions that may affect critical habitat, 
consultation under section 7(a)(2) of the Act would be required. While 
non-Federal entities that receive Federal funding, assistance, or 
permits, or that otherwise require

[[Page 63189]]

approval or authorization from a Federal agency for an action, may be 
indirectly impacted by the designation of critical habitat, the legally 
binding duty to avoid destruction or adverse modification of critical 
habitat rests squarely on the Federal agency.

Civil Justice Reform--Executive Order 12988

    In accordance with E.O. 12988 (Civil Justice Reform), the Office of 
the Solicitor has determined that the rule would not unduly burden the 
judicial system and that it meets the requirements of sections 3(a) and 
3(b)(2) of the Order. We have proposed designating critical habitat in 
accordance with the provisions of the Act. To assist the public in 
understanding the habitat needs of the species, this proposed rule 
identifies the physical or biological features essential to the 
conservation of the species. The proposed areas of critical habitat are 
presented on maps, and the proposed rule provides several options for 
the interested public to obtain more detailed location information, if 
desired.

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

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) is not 
required. 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 (42 U.S.C. 4321 et seq.)

    It is our position that we do not need to prepare environmental 
analyses pursuant to the National Environmental Policy Act (NEPA; 42 
U.S.C. 4321 et seq.) in connection with regulations adopted pursuant to 
section 4(a) of the Act. We published a notice outlining our reasons 
for this determination in the Federal Register on October 25, 1983 (48 
FR 49244). This position was upheld by the U.S. Court of Appeals for 
the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 
1995).

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), E.O. 13175 (Consultation and Coordination 
with Indian Tribal Governments), 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 determined that no Tribal lands fall within the 
boundaries of the proposed critical habitat for the Kern Canyon slender 
salamander or the relictual slender salamander, so no Tribal lands 
would be affected by the proposed designation.

References Cited

    A complete list of references cited in this proposed rulemaking is 
available on the internet at https://www.regulations.gov and upon 
request from the Sacramento Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are the staff members of 
the Fish and Wildlife Service's Species Assessment Team and the 
Sacramento Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Plants, 
Reporting and recordkeeping requirements, Transportation, Wildlife.

Signing Authority

    Martha Williams, Director of the U.S. Fish and Wildlife Service, 
approved this action on September 14, 2022, for publication. On 
September 30, 2022, Martha Williams authorized the undersigned to sign 
the document electronically and submit it to the Office of the Federal 
Register for publication as an official document of the U.S. Fish and 
Wildlife Service.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.

0
2. Amend Sec.  17.11 in paragraph (h) by adding entries for 
``Salamander, Kern Canyon slender'' and ``Salamander, relictual 
slender'' to the List of Endangered and Threatened Wildlife in 
alphabetical order under AMPHIBIANS to read as follows:


Sec.  17.11   Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
           Common name               Scientific name        Where listed         Status         and applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                   Amphibians
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Salamander, Kern Canyon slender..  Batrachoseps         Wherever found.....  T               [Federal Register
                                    simatus.                                                  citation when
                                                                                              published as a
                                                                                              final rule]; 50
                                                                                              CFR 17.43(h); 50
                                                                                              CFR 17.95(d).\CH\
 

[[Page 63190]]

 
                                                  * * * * * * *
Salamander, relictual slender....  Batrachoseps         Wherever found.....  E               [Federal Register
                                    relictus.                                                 citation when
                                                                                              published as a
                                                                                              final rule]; 50
                                                                                              CFR 17.95(d).\CH\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. Amend Sec.  17.43 by adding paragraph (h) to read as follows:


Sec.  17.43   Special rules--amphibians.

* * * * *
    (h) Kern Canyon slender salamander (Batrachoseps simatus).
    (1) Prohibitions. The following prohibitions that apply to 
endangered wildlife also apply to the Kern Canyon slender salamander. 
Except as provided under paragraph (h)(2) of this section and 
Sec. Sec.  17.4 and 17.5, it is unlawful for any person subject to the 
jurisdiction of the United States to commit, to attempt to commit, to 
solicit another to commit, or cause to be committed, any of the 
following acts in regard to this species:
    (i) Import or export, as set forth at Sec.  17.21(b) for endangered 
wildlife.
    (ii) Take, as set forth at Sec.  17.21(c)(1) for endangered 
wildlife.
    (iii) Possession and other acts with unlawfully taken specimens, as 
set forth at Sec.  17.21(d)(1) for endangered wildlife.
    (iv) Interstate or foreign commerce in the course of a commercial 
activity, as set forth at Sec.  17.21(e) for endangered wildlife.
    (v) Sale or offer for sale, as set forth at Sec.  17.21(f) for 
endangered wildlife.
    (2) Exceptions from prohibitions. In regard to this species, you 
may:
    (i) Conduct activities as authorized by a permit under Sec.  17.32.
    (ii) Take, as set forth at Sec.  17.21(c)(2) through (c)(4) for 
endangered wildlife.
    (iii) Take as set forth at Sec.  17.31(b).
    (iv) Possess and engage in other acts with unlawfully taken 
wildlife, as set forth at Sec.  17.21(d)(2) for endangered wildlife.
    (v) Take if that take is incidental to an otherwise lawful activity 
and is caused by fuels management activities that:
    (A) Are expected to have negligible impacts to the Kern Canyon 
slender salamander and its habitat, as long as the activities are 
conducted or authorized by the Federal agency with jurisdiction over 
the land where the activities occur. This exception includes fuels 
management activities developed by a Federal, State, county, or other 
entity to reduce the risk or severity of fire in Kern Canyon slender 
salamander habitat and to protect and maintain habitat that supports 
the species. These activities should be in accordance with established 
and recognized fuels management plans that include measures to minimize 
impacts to the species and its habitat.
    (B) Occur on private lands where there is no Federal nexus. This 
exception applies to those situations, whether currently existing or 
that may develop in the future, where fuels management activities are 
essential to reduce the risk of catastrophic wildfire, and when such 
activities will be carried out in accordance with an established and 
recognized fuels or forest management plan that includes measures to 
minimize impacts to the species and its habitat.
    4. Amend Sec.  17.95 in paragraph (d) by adding entries for ``Kern 
Canyon Slender Salamander (Batrachoseps simatus)'' and ``Relictual 
Slender Salamander (Batrachoseps relictus)'' after the entry for 
``Jollyville Plateau Salamander (Eurycea tonkawae)'' to read as 
follows:


Sec.  17.95   Critical habitat--fish and wildlife.

* * * * *
    (d) Amphibians.
* * * * *
    Kern Canyon Slender Salamander (Batrachoseps simatus)
    (1) Critical habitat units are depicted for Kern County, 
California, on the maps in this entry.
    (2) Within these areas, the physical or biological features 
essential to the conservation of the Kern Canyon slender salamander 
consist of the following components:
    (i) Aquatic habitat consisting of seeps, springs, and streams.
    (ii) Riparian habitat consisting of terrestrial areas adjacent to 
seeps, springs, and streams that contain:
    (A) Sufficient refugia consisting of woody debris, leaf litter, and 
rocks with abundant interstitial spaces to facilitate safe resting, 
foraging, and movement;
    (B) Suitable prey to allow for survival, growth, and reproduction; 
and
    (C) Riparian vegetation that provides shade cover contributing to 
cool and moist surface conditions for maintaining homeostasis, foraging 
opportunities, and physical structure for predator avoidance.
    (iii) Corridors of aquatic habitat or riparian habitat that provide 
connectivity between patches of occupied habitat to allow for movement 
of individuals.
    (3) Critical habitat does not include manmade structures (such as 
buildings, aqueducts, runways, roads, and other paved areas) and the 
land on which they are located existing within the legal boundaries on 
[EFFECTIVE DATE OF RULE].
    (4) Data layers defining map units were created using the National 
Hydrography Dataset and California Natural Diversity Database 
occurrence records, and critical habitat units were then mapped using 
Universal Transverse Mercator Zone 11N coordinates. The maps in this 
entry, as modified by any accompanying regulatory text, establish the 
boundaries of the critical habitat designation. The coordinates or plot 
points or both on which each map is based are available to the public 
at https://www.regulations.gov at Docket No. FWS-R8-ES-2022-0081, and 
at the field office responsible for this designation. You may obtain 
field office location information by contacting one of the Service 
regional offices, the addresses of which are listed at 50 CFR 2.2.
    (5) Index map follows:

Figure 1 to Kern Canyon Slender Salamander (Batrachoseps simatus) 
paragraph (5)
BILLING CODE 4333-15-C

[[Page 63191]]

[GRAPHIC] [TIFF OMITTED] TP18OC22.001

BILLING CODE 4333-15-P
    (6) Unit 1: Bodfish Creek, Kern County, California.
    (i) Unit 1 consists of 144 ac (58 ha) in Kern County, California. 
The majority of land (125 ac (50 ha)) is owned by the U.S. Forest 
Service (USFS) and the Bureau of Land Management (BLM). A small portion 
of the southern part of the unit is within the boundaries of Sequoia 
National Forest.
    (ii) Map of Unit 1 follows:

Figure 2 to Kern Canyon Slender Salamander (Batrachoseps simatus) 
paragraph (6)(ii)

[[Page 63192]]

[GRAPHIC] [TIFF OMITTED] TP18OC22.002

    (7) Unit 2: Erskine Creek, Kern County, California.
    (i) Unit 2 consists of 441 ac (178 ha) in Kern County, California, 
south of the Isabella Lake Reservoir. The majority of land (259 ac (105 
ha)) is owned by private entities, and the remainder (182 ac (74 ha)) 
is owned by BLM.
    (ii) Map of Unit 2 follows:

Figure 3 to Kern Canyon Slender Salamander (Batrachoseps simatus) 
paragraph (7)(ii)

[[Page 63193]]

[GRAPHIC] [TIFF OMITTED] TP18OC22.003

    (8) Unit 3: Kern Canyon Tributaries, Kern County, California.
    (i) Unit 3 consists of 1,409 ac (570 ha) in Kern County, 
California. Nearly all land in the unit (1,377 ac (557 ha)) is owned by 
USFS (in Sequoia National Forest) and BLM, and the remainder is owned 
by private entities. This unit includes land along the southern bank of 
the Kern River from river mile 45.6 to 64.2.
    (ii) Map of Unit 3 follows:

Figure 4 to Kern Canyon Slender Salamander (Batrachoseps simatus) 
paragraph (8)(ii)

[[Page 63194]]

[GRAPHIC] [TIFF OMITTED] TP18OC22.004

    (9) Unit 4: Kern Canyon Tributaries and Connecting Creeks, Kern 
County, California.
    (i) Unit 4 consists of 57 acres (23 ha) in Kern County, California. 
In total, 25 ac (10 ha) is owned by USFS and BLM, and the remainder is 
owned by private entities. This unit includes segments of the Kern 
River, Bodfish Creek, and Erskine Creek.
    (ii) Map of Unit 4 follows:

Figure 5 to Kern Canyon Slender Salamander (Batrachoseps simatus) 
paragraph (9)(ii)

[[Page 63195]]

[GRAPHIC] [TIFF OMITTED] TP18OC22.005

Relictual Slender Salamander (Batrachoseps relictus)
    (1) Critical habitat units are depicted for Kern County, 
California, on the maps in this entry.
    (2) Within these areas, the physical or biological features 
essential to the conservation of the relictual slender salamander 
consist of the following components:
    (i) Aquatic habitat consisting of seeps, springs, and streams.
    (ii) Riparian habitat consisting of terrestrial areas adjacent to 
seeps, springs, and streams that contain:
    (A) Sufficient refugia consisting of woody debris, leaf litter, and 
rocks with abundant interstitial spaces to facilitate safe resting, 
foraging, and movement;
    (B) Suitable prey to allow for survival, growth, and reproduction; 
and
    (C) Riparian vegetation that provides shade cover contributing to 
cool and moist surface conditions for maintaining homeostasis, foraging 
opportunities, and physical structure for predator avoidance.
    (iii) Corridors of aquatic habitat or riparian habitat that provide 
connectivity between patches of occupied habitat to allow for movement 
of individuals.
    (3) Critical habitat does not include manmade structures (such as 
buildings, aqueducts, runways, roads, and other paved areas) and the 
land on which they are located existing within the legal boundaries on 
[EFFECTIVE DATE OF RULE].
    (4) Data layers defining map units were created using the National 
Hydrography Dataset and California Natural Diversity Database 
occurrence records, and critical habitat units were then mapped using 
Universal Transverse Mercator Zone 11N coordinates. The maps in this 
entry, as modified by any accompanying regulatory text, establish the 
boundaries of the critical habitat designation. The coordinates or plot 
points or both on which each map is based are available to the public 
at https://www.regulations.gov at Docket No. FWS-R8-ES-2022-0081, and 
at the field office responsible for this designation. You may obtain 
field office location information by contacting one of the Service 
regional offices, the addresses of which are listed at 50 CFR 2.2.
    (5) Index map follows:

Figure 1 to Relictual Slender Salamander (Batrachoseps relictus) 
paragraph (5)
BILLING CODE 4333-15-C

[[Page 63196]]

[GRAPHIC] [TIFF OMITTED] TP18OC22.006

BILLING CODE 4333-15-P
    (6) Unit 1: Kern Canyon Tributaries, Kern County, California.
    (i) Unit 1 consists of 723 ac (293 ha) in Kern County, California. 
Nearly all of the land (713 ac (289 ha)) is within the boundaries of 
Sequoia National Forest, and a small area is privately owned.
    (ii) Map of Unit 1 follows:

Figure 2 to Relictual Slender Salamander (Batrachoseps relictus) 
paragraph (6)(ii)

[[Page 63197]]

[GRAPHIC] [TIFF OMITTED] TP18OC22.007

    (7) Unit 2: Lucas Creek, Kern County, California.
    (i) Unit 2 consists of 763 ac (309 ha) in Kern County, California. 
Nearly all of the land (761 ac (308 ha)) is within the boundaries of 
Sequoia National Forest, and a small area is privately owned. This unit 
extends south from the lower Kern River Canyon along Lucas Creek and 
two unnamed tributaries to Lucas Creek on Breckenridge Mountain.
    (ii) Map of Unit 2 follows:

Figure 3 to Relictual Slender Salamander (Batrachoseps relictus) 
paragraph (7)(ii)

[[Page 63198]]

[GRAPHIC] [TIFF OMITTED] TP18OC22.008

    (8) Unit 3: Mill Creek, Kern County, California.
    (i) Unit 3 consists of 1,199 ac (485 ha) in Kern County, 
California. The majority of land (1,190 ac (481 ha)) is within the 
boundaries of Sequoia National Forest, and a small area is privately 
owned. This unit extends south from the lower Kern River Canyon along 
Mill Creek and an unnamed tributary to Mill Creek on Breckenridge 
Mountain.
    (ii) Map of Unit 3 follows:

Figure 4 to Relictual Slender Salamander (Batrachoseps relictus) 
paragraph (8)(ii)

[[Page 63199]]

[GRAPHIC] [TIFF OMITTED] TP18OC22.009

* * * * *

Madonna Baucum,
Chief, Policy and Regulations Branch, U.S. Fish and Wildlife Service.
[FR Doc. 2022-21661 Filed 10-17-22; 8:45 am]
BILLING CODE 4333-15-P