99-19425. Endangered and Threatened Wildlife and Plants; 12-Month Finding for a Petition To List the Junaluska Salamander as Endangered With Critical Habitat  

  • [Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
    [Proposed Rules]
    [Pages 41060-41061]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-19425]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Part 17
    
    
    Endangered and Threatened Wildlife and Plants; 12-Month Finding 
    for a Petition To List the Junaluska Salamander as Endangered With 
    Critical Habitat
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Notice of 12-month petition finding.
    
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    SUMMARY: We, the Fish and Wildlife Service, announce a 12-month finding 
    for a petition to list the Junaluska salamander (Eurycea junaluska) 
    under the Endangered Species Act of 1973, as amended (Act). After 
    reviewing all available scientific and commercial information, we have 
    determined that listing is not warranted for the Junaluska salamander 
    at this time.
        The status of the Junaluska salamander is more secure than 
    indicated by the petitioners, in a large part because the number of 
    populations is more than twice the number previously known to exist. 
    Further, many of the factors the petitioners identified as those 
    threatening the species are merely conjecture or have been lessened by 
    the finding of additional populations. The species occurs in North 
    Carolina and Tennessee.
    
    
    [[Page 41061]]
    
    
    DATES: The finding announced in this document was made on July 14, 
    1999.
    
    ADDRESSES: Send questions, comments, data, or information concerning 
    this petition to the State Supervisor, U.S. Fish and Wildlife Service, 
    Asheville Field Office, 160 Zillicoa Street, Asheville, North Carolina 
    28801. The petition finding, supporting data, and comments are 
    available for public inspection, by appointment, during normal business 
    hours at the above address.
    
    FOR FURTHER INFORMATION CONTACT: Mr. J. Allen Ratzlaff at the above 
    address or telephone 828/258-3939, ext. 229.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Under section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), for 
    any petition to revise the Federal List of Endangered and Threatened 
    Wildlife and Plants that presents substantial scientific and commercial 
    information, we are required to make a finding within 12 months of the 
    date of receipt of the petition as to whether the petitioned action is 
    (a) not warranted, (b) warranted, or (c) warranted but precluded from 
    immediate proposal by other pending proposals of higher priority.
        On March 31, 1998, we received a petition dated March 30, 1998, 
    from Appalachian Voices and the Biodiversity Legal Foundation. The 
    petition requested that we list the Junaluska salamander (Eurycea 
    junaluska) as an endangered species and designate critical habitat 
    under 16 U.S.C. 1533(a)(3)(A) of the Act. The petition identified 
    timber harvesting, predation by nonnative trout, exposure to acid-
    bearing rock, siltation, genetic drift, the inadequacy of current laws, 
    and random events as immediate threats to the species' continued 
    existence. We made a 90-day finding that the petition presented 
    substantial information indicating that the requested action may be 
    warranted. We announced the 90-day finding and the initiation of a 
    status review in the Federal Register on October 28, 1998 (63 FR 
    57640).
        The processing of this petition conforms with our final listing 
    priority guidance for fiscal years 1998 and 1999, published in the 
    Federal Register on May 8, 1998 (63 FR 25502). The guidance calls for 
    giving highest priority to handling emergency situations (Tier 1); 
    second highest priority to resolving the listing status of outstanding 
    proposed listings, resolving the conservation status of candidate 
    species, processing administrative findings on petitions, and 
    processing a limited number of delistings and reclassifications (Tier 
    2); and third priority to processing proposed and final designations of 
    critical habitat (Tier 3). The processing of this petition falls under 
    Tier 2.
        We reviewed the petition, the literature cited in the petition, and 
    other available literature and information, and consulted with 
    biologists and researchers familiar with the Junaluska salamander. 
    Based on the best available scientific and commercial information, we 
    find that listing the Junaluska salamander (Eurycea junaluska) as 
    endangered or threatened is not warranted at the present time.
        The Junaluska salamander is an aquatic to semi-aquatic lungless 
    (plethodontid) salamander known from a portion of the Blue Ridge 
    Mountains in southwestern North Carolina and southeastern Tennessee. 
    Bruce and Ryan (1995) described the habitat of the Junaluska salamander 
    at three sites in North Carolina as relatively low-elevation and wide-
    basin streams, with sand-gravel substrates and numerous large rocks 
    that serve as refugia and brooding sites.
        Prior to receiving the petition, we had some knowledge of the 
    status of the Junaluska salamander, principally from North Carolina. 
    Consequently, we had already initiated a status survey for the 
    Tennessee portion of the species' range. Through this survey and 
    surveys being conducted by the National Park Service in the Great Smoky 
    Mountains National Park, biologists observed the Junaluska salamander 
    in 11 additional streams, for a total of 17 inhabited streams. Many of 
    these streams are on National Park Service land, where the species 
    receives considerable protection. The discovery of additional 
    populations also lessens the potential impacts that any particular 
    project or random event could have on the species. We do not expect any 
    of the other threats outlined by the petitioner to occur so quickly or 
    extensively as to pose substantial immediate threats to the Junaluska 
    salamander's continued existence. There is no direct evidence of any 
    population decline and no populations are known to have been lost since 
    the species was described, though it is likely that reservoir 
    impoundment negatively affected some populations. While small 
    populations are inherently more vulnerable to extirpation, many of the 
    reservoirs in the salamander's range have been in place for more than 
    60 years, and there is no evidence that the smaller populations are 
    suffering from genetic problems. Additionally, there is no evidence to 
    suggest that predation by nonnative trout is a significant threat to 
    the species. Trout feeding studies conducted in western North Carolina 
    show that salamanders are a rare food item for trout (Tebo and Hassler 
    1963).
        We now consider threats to the Junaluska salamander to be low. 
    Listing this species as either threatened or endangered is not 
    appropriate at this time because it is not presently in danger of 
    extinction or likely to become so in the foreseeable future. However, 
    in the event that conditions change and the species becomes imperiled 
    due to the factors discussed in this finding, or other unforseen 
    factors, we could propose to list the species under the Act or, if 
    circumstances warranted, invoke the emergency listing provisions of the 
    Act.
    
    References Cited
    
        A complete list of all references cited herein, as well as others, 
    is available upon request from the Asheville Field Office (See 
    ADDRESSES section).
        Author: The primary author of this document is Mr. J. Allen 
    Ratzlaff (see ADDRESSES section).
    
    Authority
    
        The authority for this action is the Endangered Species Act (16 
    U.S.C. 1531 et seq.).
    
        Dated: July 14, 1999.
    Marshall P. Jones,
    Acting Director, Fish and Wildlife Service.
    [FR Doc. 99-19425 Filed 7-28-99; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Published:
07/29/1999
Department:
Fish and Wildlife Service
Entry Type:
Proposed Rule
Action:
Notice of 12-month petition finding.
Document Number:
99-19425
Dates:
The finding announced in this document was made on July 14, 1999.
Pages:
41060-41061 (2 pages)
PDF File:
99-19425.pdf
CFR: (1)
50 CFR 17