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Proposed Rule2023-25622

Endangered and Threatened Wildlife and Plants; 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

Primary source

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Published

November 21, 2023

Effective

October 18, 2022

Issuing agencies

Interior DepartmentFish and Wildlife Service

Abstract

We, the U.S. Fish and Wildlife Service (Service), are reopening the comment period on our October 18, 2022, proposed rule to list the Kern Canyon slender salamander (Batrachoseps simatus) and the relictual slender salamander (Batrachoseps relictus) under the Endangered Species Act of 1973, as amended (Act), and to designate critical habitat. This action will allow all interested parties an additional opportunity to comment on the October 18, 2022, proposed rule, as well as the opportunity to comment on the new areas we are considering for relictual slender salamander critical habitat, small changes to Kern Canyon slender salamander critical habitat, and our updates to the physical or biological features for the Kern Canyon slender salamander, in response to previously submitted public comments. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final rule.

Full Text

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<title>Federal Register, Volume 88 Issue 223 (Tuesday, November 21, 2023)</title>
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[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Proposed Rules]
[Pages 81028-81038]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25622]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2022-0081; FF09E21000 FXES1111090FEDR 234]
RIN 1018-BF83

Endangered and Threatened Wildlife and Plants; 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; revisions and reopening of comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
reopening the comment period on our October 18, 2022, proposed rule to
list the Kern Canyon slender salamander (Batrachoseps simatus) and the
relictual slender salamander (Batrachoseps relictus) under the
Endangered Species Act of 1973, as amended (Act), and to designate
critical habitat. This action will allow all interested parties an
additional opportunity to comment on the October 18, 2022, proposed
rule, as well as the opportunity to comment on the new areas we are
considering for relictual slender salamander critical habitat, small
changes to Kern Canyon slender salamander critical habitat, and our
updates to the physical or biological features for the Kern Canyon
slender salamander, in response to previously submitted public
comments. Comments previously submitted need not be resubmitted as they
are already incorporated into the public record and will be fully
considered in the final rule.

DATES: The comment period on the proposed rule that published October
18, 2022 (87 FR 63150), is reopened. We will accept comments received
or postmarked on or before December 6, 2023.

ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us (see Information Requested, below, for more information).
Availability of supporting materials: This document and supporting
materials (including the species status assessment report, the
coordinates or plot points or both from which the critical habitat maps
are generated, comments and information received on the proposed rule,
the updated economic analysis, and references cited are available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No FWS-R8-ES-2022-0081.

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. In compliance with the
Providing Accountability Through Transparency Act of 2023, please see
Docket No. FWS-R8-ES-2022-0081 on <a href="https://www.regulations.gov">https://www.regulations.gov</a> for a
document that summarizes this proposed rule.

SUPPLEMENTARY INFORMATION:

Information Requested

We will accept written comments and information during this
reopened comment period on our proposed rule to list the Kern Canyon
slender salamander and the relictual slender salamander and designate
critical habitat for both species. We will consider information and
recommendations from all interested parties. We intend that any final
action resulting from the proposal will be based on the best scientific
data available. Our final determination will take into consideration
all comments and any additional information we receive during the
reopened comment period on the proposed rule.
Because we will consider all comments and information received
during both comment periods, our final determination may differ from
our October 18, 2022 (87 FR 63150), proposed rule. 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 additional
areas if we find the benefits of exclusion outweigh the benefits of
inclusion and will not lead to 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. In our final rule, we will clearly explain
our rationale and the basis for our final decision, including why we
made changes, if any, that differ from this proposal.
If you already submitted comments or information on the October 18,
2022, proposed rule, please do not resubmit them. Any such comments are
incorporated as part of the public record

[[Page 81029]]

of the rulemaking proceeding, and we will fully consider them in the
preparation of our final determination.
Comments should be as specific as possible. 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 assert. 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 our determination,
as section 4(b)(2) of the Act directs that designations of critical
habitat be made ``on the basis of the best scientific data available.''
We request that you send comments and materials only by one of the
methods listed in ADDRESSES. If you submit information via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your entire submission--including your 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing the proposed rule, will be available
for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-
R8-ES-2022-0081.

Background

On October 18, 2022, we published a proposed rule in the Federal
Register (87 FR 63150) to list the Kern Canyon slender salamander as a
threatened species with a critical habitat designation of approximately
2,051 acres (ac) (830 hectares (ha)), and to list the relictual slender
salamander as an endangered species with a critical habitat designation
of approximately 2,685 ac (1,087 ha). Both species are found in the
southern Sierra Nevada mountains.
During the comment period on the October 18, 2022, proposed rule,
species experts submitted a comment letter stating that they had
discovered several new locations where the relictual slender salamander
occurs. In their comment letter, they stated that they were concerned
about sharing these new locations due to the potential for increased
foot traffic and possible disturbance of sensitive habitat for the
species. After the comment period closed, we met with the experts to
discuss the risks of sharing the new locations and the lead researcher
then subsequently provided us the new location data in a way that was
consistent with our critical habitat mapping methods but does not
reveal the specific site locations that may be sensitive to trampling
and disturbance.
Based on these new data for the relictual slender salamander, we
have expanded Unit 2 and Unit 3 within the proposed designation to
include the new locations that contain the physical or biological
features essential to the conservation of the species. We also added a
new unit to proposed critical habitat to include new locations in the
Walker Basin Drainage that also contain the physical or biological
features essential to the conservation of the species (Unit 4). We are
adding 2,257 ac (913 ha) to critical habitat for a new total of 4,942
ac (2,000 ha) proposed for designation for the relictual slender
salamander. In addition, the experts noted an error in the mapping of
Kern Canyon slender salamander critical habitat and identified one
additional location within proposed Unit 3 where the Kern Canyon
slender salamander occurs and which contains the physical or biological
features essential to the conservation of the species. We have proposed
to modify Unit 3 of the proposed designation for the Kern Canyon
slender salamander to incorporate these changes. In total, these
changes result in an additional 6 ac (2 ha) of critical habitat for the
Kern Canyon slender salamander.
The experts also provided information that the Kern Canyon slender
salamander makes use of a broader range of habitats than was stated in
the proposed rule. They stated that the Kern Canyon slender salamander
has been frequently found on open, rocky slopes adjacent to streams. We
therefore updated our physical or biological features for the Kern
Canyon slender salamander in order to reflect this new information.
Because we received the new location data outside the public
comment period, we now reopen the comment period to allow for the
public to review and comment on the new information and the revisions
to the proposed critical habitat designation. Below, we provide a
summary of that information. We provide a new description of the
physical or biological features for the two species that have been
updated in response to the new information. We also provide the new
unit descriptions for the units that have changed and the units that
are being added.

Physical or Biological Features Essential to the Conservation of the
Species

Space for Individual and Population Growth and for Normal Behavior

The Kern Canyon slender salamander and the relictual slender
salamander are endemic to, and occur within or immediately adjacent to,
humid habitat associated with seeps, springs, and streams in the
Greenhorn and Piute Mountains in the southern Sierra Nevada in Kern
County. The Kern Canyon slender salamander's habitat is constrained to
riparian zones adjacent to seeps, springs, and streams, and open, rocky
slopes adjacent to streamside habitats that are likely being wetted by
cryptic seeps. These seeps may not be readily apparent, but can be
identified by the presence of moisture-dependent vegetation (Evelyn
2022, pers. comm.; Jockusch 2022, pers. comm.). The relictual slender
salamander's habitat is constrained to riparian zones adjacent to
seeps, springs, and streams due to their narrow physiological
tolerances. Habitat within larger fast-moving bodies of water, such as
the Kern River, is not suitable habitat and does not contain the
physical or biological features that support the Kern Canyon slender
salamander or relictual slender salamander.
Primary habitat for the Kern Canyon slender salamander is composed
of wet stream and seep margins within rocky, narrow canyons supporting
chapparal shrubs, sycamore (Platanus racemosa), California buckeye
(Aesculus californica), willow (Salix spp.), Fremont cottonwood
(Populus fremontii), interior live oak (Quercus wislizeni), canyon live
oaks (Quercus chrysolepis), and foothill pine (Pinus sabiniana).
Historically, the Kern Canyon slender salamander was found on exposed
hillsides and open grasslands, but the primary habitat of the species
is now limited to riparian habitats or other moist microsites (Lannoo
2005, p. 692; Jockusch 2021b, pers. comm.). However, the species is
still found in open, rocky habitat within moist microsites that are
likely being wetted by cryptic seeps (Evelyn 2022, pers. comm.;
Jockusch 2022, pers. comm.). These seeps may not be readily apparent
but can be identified by the presence of moisture-dependent vegetation.
Primary habitat for the relictual slender salamander is composed of
seeps, perennial springs, and streams in rocky habitat supporting
limited tree cover of oaks (Quercus spp.), buckeyes (Aesculus spp.),
sycamores (Platanus

[[Page 81030]]

racemosa), pines (Pinus spp.), and firs (Abies spp.).
We do not know how much suitable habitat and habitat connectivity
is required to sustain a viable population of either the Kern Canyon
slender salamander or the relictual slender salamander. There may be
distinct, non-interbreeding populations or there may be some level of
dispersal between localities associated with the same streams or
different aquatic features providing at least a small level of
connectivity between individual populations. The minimum number of
viable populations necessary to sustain the salamanders is unknown. The
distribution and quantity of available suitable habitat across the
range necessary to support populations of either the Kern Canyon
slender salamander or the relictual slender salamander are unknown.
While the amount of habitat necessary to support Kern Canyon
slender salamander and relictual slender salamander individual and
population growth and normal behavior is unknown, preservation of these
features is essential for the species.

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

The diets of the Kern Canyon slender salamander and the relictual
slender salamander are assumed to be similar to other Batrachoseps
species such as the California slender salamander and the Pacific
slender salamander, which prey upon small invertebrates, earthworms,
and slugs (Cunningham 1960, p. 98; Adams 1968, p. 171; Stebbins and
McGinnis 2012, p. 127). The prey-related requirements (abundance,
diversity, range, etc.) to sustain a viable population of either
species is unknown.
Water is essential for survival of the Kern Canyon slender
salamander and the relictual slender salamander. We have no specific
information on the amount of water they require; however, both species
are restricted to patches of humid habitat near sources of water such
as small seeps, springs, and streams, even if the water source is not
readily apparent. The relictual slender salamander has a closer
association with water than other species of terrestrial salamanders as
relictual slender salamanders have been found submerged in water and
under cover objects with water beneath them. During times of drought,
water sources may become scarce, and associated riparian areas may
become hot and dry. The relictual slender salamander and the Kern
Canyon slender salamander may need to expend more energy and time to
search for new water sources and humid habitat or may restrict surface
activity and foraging time to seek shelter in subterranean refugia to
avoid desiccation during times of drought.

Summary of Essential Physical or Biological Features for the Kern
Canyon Slender Salamander

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

Summary of Essential Physical or Biological Features for the Relictual
Slender Salamander

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

Proposed Critical Habitat Designation for the Kern Canyon Slender
Salamander

We are proposing to designate four units as critical habitat for
the Kern Canyon slender salamander, for a total of approximately 2,057
ac (833 ha). The critical habitat areas we describe below constitute
our current best assessment of areas that meet the definition of
critical habitat for the Kern Canyon slender salamander. The areas we
propose as critical habitat are: (1) Bodfish Creek, (2) Erskine Creek,
(3) Kern Canyon Tributaries, and (4) Kern Canyon Tributaries and
Connecting Creeks. Table 1 shows the proposed critical habitat units
and the approximate area of each unit. Unit 3 overlaps with proposed
critical habitat for the relictual slender salamander.
For the Kern Canyon slender salamander, the three occupied units
contain all of the identified physical or biological features and
support multiple life-history processes, and the one unoccupied unit
contains only some of the physical or biological features

[[Page 81031]]

necessary to support the Kern Canyon slender salamander's particular
use of that habitat. The unoccupied unit has aquatic habitat containing
seeps, springs, and streams that support the life-history needs of the
species.

Table 1--Proposed Critical Habitat Units for the Kern Canyon Slender Salamander
[Area estimates reflect all land within critical habitat unit boundaries]
----------------------------------------------------------------------------------------------------------------
Land ownership by Changed since proposed
Critical habitat unit type Size of unit Occupied? rule?
----------------------------------------------------------------------------------------------------------------
1. Bodfish Creek............... Federal........... 125 ac (50 ha).... Yes............ No.
Unclassified/ 19 ac (8).........
Private.
2. Erskine Creek............... Federal........... 182 ac (74 ha).... Yes............ No.
Unclassified/ 259 ac (105 ha)...
Private.
3. Kern Canyon Tributaries..... Federal........... 1,383 ac (560 ha). Yes............ Yes.
Unclassified/ 32 ac (13 ha).....
Private.
4. Kern Canyon Tributaries and Federal........... 25 ac (10 ha)..... No............. No.
Connecting Creeks. Unclassified/ 32 ac (13 ha).....
Private.
--------------------
Total...................... .................. 2,057 ac (833 ha).
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.

Below we provide the description of the unit that has been updated
since the proposed rule.

Unit 3: Kern Canyon Tributaries

We expanded this unit to include additional habitat occupied by the
Kern Canyon slender salamander that contains the physical or biological
features essential to the conservation of the species. We also removed
one occurrence mapped in error; the total change is 6 ac (2 ha) added
to the unit. In total, this unit encompasses 1,415 ac (573 ha) within
Kern County in Sequoia National Forest in the Kern Canyon. This unit
includes segments of streams and small tributaries that feed into the
Kern River and associated riparian habitat on the south side of the
Kern Canyon. Small streams within steep ravines and narrow canyons
provide habitat for the Kern Canyon slender salamander within this
unit. The mainstem of the Kern River is not considered to be habitat
for the Kern Canyon slender salamander within this unit. Some of the
habitat within this unit is fragmented by highway California State
Route 178, single lane roads, and recreational development. The
majority of habitat in this unit is federally owned by the U.S. Forest
Service (USFS). General land use activities on Federal lands within the
unit include forest management (for example, fuels reduction, hazard
tree management, forest restoration, prescribed fire), grazing, highway
maintenance, and recreational development. Smaller tracts of habitat
are owned by private entities and contain a small amount of residential
and recreational development. Wildfire and climate change are the
primary ongoing threats to habitat within this unit. Physical or
biological features in this unit may require special management
considerations or practices to protect them from impacts associated
with California State Route 178 and other roads, forest management,
recreational development, residential development, and grazing. This
unit includes all the physical or biological features. This unit is
considered occupied.

Proposed Critical Habitat Designation for the Relictual Slender
Salamander

We are proposing to designate four units as critical habitat for
the relictual slender salamander, for a total of approximately 4,942 ac
(2,000 ha). The critical habitat areas we describe below constitute our
current best assessment of areas that meet the definition of critical
habitat for the relictual slender salamander. The four areas we propose
as critical habitat are: (1) Kern Canyon Tributaries, (2) Lucas Creek,
(3) Mill Creek and Flying Dutchman Creek, and (4) Walker Basin
Drainage. Table 2 shows the proposed critical habitat units and the
approximate area of each unit. Unit 1 overlaps with proposed critical
habitat for the Kern Canyon slender salamander.
For the relictual slender salamander, the three occupied units
contain all of the identified physical or biological features and
support multiple life-history processes, and the one unoccupied unit
contains only some of the physical or biological features necessary to
support the relictual slender salamander's particular use of that
habitat. The unoccupied unit has aquatic habitat containing seeps,
springs, and streams that support the life-history needs of the
species.

Table 2--Proposed Critical Habitat Units for the Relictual Slender Salamander
[Area estimates reflect all land within critical habitat unit boundaries]
----------------------------------------------------------------------------------------------------------------
Land ownership by Changed since proposed
Critical habitat unit type Size of unit Occupied? rule?
----------------------------------------------------------------------------------------------------------------
1. Kern Canyon Tributaries..... Federal........... 713 ac (289 ha)... No............. No.
Unclassified/ 10 ac (4 ha)......
Private.
2. Lucas Creek................. Federal........... 1,109 ac (449 ha). Yes............ Yes.
Unclassified/ 26 ac (11 ha).....
Private.
3. Mill Creek and Flying Federal........... 2,500 ac (1,012 Yes............ Yes.
Dutchman Creek. Unclassified/ ha).
Private. 151 ac (61 ha)....
4. Walker Basin Drainage....... Federal........... 419 ac (169 ha)... Yes............ New unit.
Unclassified/ 14 ac (6 ha)......
Private.
--------------------
Total...................... .................. 4,942 ac (2,000
ha).
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.

[[Page 81032]]

We present brief descriptions of all changed and new units, and
reasons why they meet the definition of critical habitat for the
relictual slender salamander, below.

Unit 2: Lucas Creek

We have expanded this unit to include an additional 372 ac (151 ha)
to incorporate new occurrences of the species; these new areas contain
the physical or biological features essential to the conservation of
the species. In total, this unit encompasses 1,135 ac (460 ha) within
Kern County to the south of the Kern Canyon in Sequoia National Forest.
This unit extends south from the Kern Canyon along Lucas Creek and
unnamed tributaries to Lucas Creek on Breckenridge Mountain. Land
within this unit is largely undeveloped and only sparsely fragmented by
single-lane roads, recreational development, and small parcels that
contain residential development. Most of the habitat in this unit is
federally owned by the USFS. General land use activities on Federal
lands within the unit include forest management (for example, fuels
reduction, timber harvest, hazard tree management, forest restoration,
prescribed fire), grazing, road maintenance, and recreational
development. Wildfire and climate change are the primary ongoing
threats to the habitat in this unit. Physical or biological features in
this unit may require special management considerations or practices to
protect them from impacts associated with forest management, roads,
recreational development, residential development, and grazing. This
unit includes all the physical or biological features and is considered
occupied.

Unit 3: Mill Creek and Flying Dutchman Creek

We have expanded this unit to include an additional 1,452 ac (588
ha) to incorporate new occurrences of the species; these new areas
contain the physical or biological features essential to the
conservation of the species. In total, this unit encompasses 2,651 ac
(1,073 ha) within Kern County to the south of the Kern Canyon primarily
within Sequoia National Forest. This unit extends south from the Kern
Canyon along Mill Creek and unnamed tributaries to Mill Creek on
Breckenridge Mountain. The unit also includes habitat associated with
Flying Dutchman Creek and unnamed tributaries to Flying Dutchman Creek
on Breckenridge Mountain. Land within this unit is largely undeveloped
and only sparsely fragmented by single-lane roads and some recreational
development. The majority of habitat in this unit is federally owned by
the USFS and the Bureau of Land Management (BLM), and a few tracts of
habitat are owned by private entities. General land use activities on
Federal lands within this unit include forest management (for example,
timber harvest, fuels reduction, hazard tree management, forest
restoration, prescribed fire), grazing, road maintenance, and
recreational development. Wildfire and climate change are the primary
ongoing threats to the habitat in this unit. Physical or biological
features in this unit may require special management considerations or
practices to protect them from impacts associated with forest
management, roads, recreational development, and grazing. This unit
includes all the physical or biological features and is considered
occupied.

Unit 4: Walker Basin Drainage

This unit encompasses 433 ac (175 ha) within Kern County on the
eastern slope of Breckenridge Mountain primarily within Sequoia
National Forest. This unit extends along four unnamed tributaries
within the Walker Basin drainage. Land within this unit is largely
undeveloped and only sparsely fragmented by recreational development.
The majority of habitat in this unit is federally owned by the USFS,
and a small area of habitat is privately owned. General land use
activities on Federal lands within this unit include forest management
(for example, timber harvest, fuels reduction, hazard tree management,
forest restoration, prescribed fire), grazing, and recreational
development. Wildfire and climate change are the primary ongoing
threats to the habitat in this unit. Physical or biological features in
this unit may require special management considerations or practices to
protect them from impacts associated with forest management,
recreational development, and grazing. This unit includes all the
physical or biological features and is considered occupied.

Authors

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

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

Accordingly, we propose further to amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as proposed to
be amended at 87 FR 63150 (October 18, 2022) as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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

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

0
2. Further amend Sec. 17.95(d), as proposed to be amended at 87 FR
63150, by:
0
a. In the entry for ``Kern Canyon Slender Salamander (Batrachoseps
simatus)'', revising paragraphs (2), (5), and (8); and
0
b. In the entry for ``Relictual Slender Salamander (Batrachoseps
relictus)'', revising paragraphs (5), (7), and (8) and adding paragraph
(9).
The revisions and additions read as follows:

Sec. 17.95 Critical habitat--fish and wildlife.

* * * * *
(d) Amphibians.
* * * * *
Kern Canyon Slender Salamander (Batrachoseps simatus)
* * * * *
(2) Within these areas, the physical or biological features
essential to the conservation of Kern Canyon slender salamander consist
of the following components:
(i) Aquatic habitat consisting of seeps, springs, and streams;
(ii) Riparian habitat consisting of terrestrial areas adjacent to
seeps, springs, and streams that contain:
(A) Sufficient refugia consisting of woody debris, leaf litter, and
rocks with abundant interstitial spaces to facilitate safe resting,
foraging, and movement;
(B) Suitable prey to allow for survival, growth, and reproduction;
and
(C) Riparian vegetation that provides shade cover contributing to
cool and moist surface conditions for maintaining homeostasis, foraging
opportunities, and physical structure for predator avoidance.
(iii) Open, rocky slopes that are likely being wetted by cryptic
seeps due to the presence of moisture-dependent vegetation. These
slopes should be adjacent to streamside habitat and contain:
(A) Sufficient refugia consisting of debris, vegetation, and rocks
with abundant interstitial spaces to facilitate safe resting, foraging,
and movement;

[[Page 81033]]

(B) Suitable prey to allow for survival, growth, and reproduction;
and
(C) Boulders and rocks that provide shade cover contributing to
cool and moist surface conditions for maintaining homeostasis, foraging
opportunities, and physical structure for predator avoidance.
(iv) Corridors of aquatic habitat, riparian habitat, or open, rocky
slopes with moisture-dependent vegetation that provide connectivity
between patches of occupied habitat to allow for movement of
individuals.
* * * * *
(5) Index map follows:

BILLING CODE 4333-15-P
[GRAPHIC] [TIFF OMITTED] TP21NO23.008

[[Page 81034]]

* * * * *
(8) Unit 3: Kern Canyon Tributaries, Kern County, California.
(i) Unit 3 consists of 1,415 ac (573 ha) in Kern County. Nearly all
land in the unit (1,383 ac (560 ha)) is owned by USFS (in Sequoia
National Forest) and BLM, and the remainder is owned by private
entities. This unit includes land along the southern bank of the Kern
River from river mile 45.6 to 64.2.
(ii) Map of unit 3 follows:
* * * * *
[GRAPHIC] [TIFF OMITTED] TP21NO23.009

* * * * *
Relictual Slender Salamander (Batrachoseps relictus)
* * * * *
(5) Index map follows:

[[Page 81035]]

[GRAPHIC] [TIFF OMITTED] TP21NO23.010

* * * * *
(7) Unit 2: Lucas Creek, Kern County, California.
(i) Unit 2 consists of 1,135 ac (460 ha) in Kern County. Nearly all
of the land (1,109 ac (449 ha)) is within the boundaries of Sequoia
National Forest, and a small area is privately owned. This unit extends
south from the Kern Canyon along Lucas Creek and unnamed tributaries to
Lucas Creek on Breckenridge Mountain.
(ii) Map of Unit 2 follows:

[[Page 81036]]

[GRAPHIC] [TIFF OMITTED] TP21NO23.011

(8) Unit 3: Mill Creek and Flying Dutchman Creek, Kern County,
California.
(i) Unit 3 consists of 2,651 ac (1,073 ha) in Kern County. The
majority of land (2,500 ac (1,012 ha)) is within the boundaries of
Sequoia National Forest, and a small area is privately owned. This unit
extends south from the Kern Canyon along Mill Creek and unnamed
tributaries to Mill Creek on Breckenridge Mountain.
(ii) Map of Unit 3 follows:

[[Page 81037]]

[GRAPHIC] [TIFF OMITTED] TP21NO23.012

(9) Unit 4: Walker Basin Drainage, Kern County, California.
(i) Unit 4 consists of 433 ac (175 ha) in Kern County. The majority
of habitat in this unit (419 ac (169 ha)) is federally owned by the
USFS, and a small area of habitat is privately owned. This unit extends
along four unnamed tributaries within the Walker Basin drainage.
(ii) Map of Unit 4 follows:
Figure 5 to Relictual Slender Salamander (Batrachoseps relictus)
paragraph (9)(ii).

[[Page 81038]]

[GRAPHIC] [TIFF OMITTED] TP21NO23.013

* * * * *

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-25622 Filed 11-20-23; 8:45 am]
BILLING CODE 4333-15-C

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