# 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 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2022-21661 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** October 18, 2022 - **Citation:** 87 FR 63150 ## Text 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. 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, 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 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 . 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 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 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 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] Site Geographic group Range of number observed Year first observed Year last observed Year last surveyed Presumed 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 ** Miracle Hot Springs Lower Kern River Canyon 1-12 1979 2008 2008 † 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 ‡ Erskine Creek B Erskine Creek Canyon 12 1981 1981 1981 Yes ‡ 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. † 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. ‡ 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] Site Geographic group Range of number observed Year first observed Year last observed Year last surveyed Presumed 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 Springs) Lower Kern River Canyon 0-3 1967 1967 1967 * No 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 not available 2019 2021 2021 Yes Mill Creek Drainage A Squirrel Meadow Information not available 2019 2021 2021 Yes Mill Creek Drainage B Squirrel Meadow Information not available 2019 2021 2021 Yes Mill Creek Drainage C Squirrel Meadow Information not available 2019 2019 2019 Yes 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 EP18OC22.000 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). 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 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 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 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 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). 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 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 °C (900-1,200 °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 °C (9-18 °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 °C (1.5 °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 °C (1.0-2.5 °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 °C (2.0 °F) by 2039 and by 2.5 °C (4.5 °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 °C (5.9 °F) by 2040-2069 in the Sierra Nevada region (Pierce et al. 2013, p. 842; Hegewisch et al. 2018, unpaginated). 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; Muñoz 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, 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2022-21661. Public record. Not legal advice.