U.S. Fish & Wildlife Service

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The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and

enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people.

U.S. Fish & Wildlife Service

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April 24, 2013 –USFWS Published Two Proposed Rules:1) Proposed Rule to List

• Sierra Nevada yellow-legged frog as endangered

• Northern distinct population segment of the mountain yellow-legged frog as endangered

• The Yosemite toad as threatened

2) Proposed Rule to Designate Critical Habitat

• 1,831,820 acres

• For the three species

• In seventeen California counties

U.S. Fish & Wildlife Service

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Sierra Nevada yellow-legged frog (Rana sierrae)

Northern Distinct Population Segment of the mountain yellow-legged Frog (Rana muscosa)

• Green-brown and yellow

• 1.5 to 3.25 inches in length

• Flat clicking vocal sounds

• Mink or garlic-like odor when disturbed

Historic Range: Abundant across much of the higher elevations within the Sierra Nevada.

Current Range: Restricted primarily to publicly managed lands at high elevations, including streams, lakes, ponds, and meadow wetlands located within National Forests and National Parks.

Threats: Habitat degradation and fragmentation, predation and disease, climate change, inadequate regulatory protections, and the interaction of these various stressors in accumulation impacting small remnant populations

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U.S. Fish & Wildlife Service

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Yosemite Toad

(Anaxyrus canorus)

• Yellow green to olive drab

• 1 – 3 inches in length

• Rounded or oval glands on each side of the head

• Found in wet meadows and lake shores in think vegetation

Current Range: Remains largely similar to the historical range. However, within that range, toad habitats have been degraded and may be decreasing in area as a result of conifer encroachment and livestock grazing. The vast majority of the Yosemite toad’s range is within Federal land.

Threats: Habitat degradation associated with fire management regime and livestock grazing, inadequate regulatory protection, and climate change impacting small remnant populations, likely compounded with the cumulative effect of other threat factors.

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Historic Range: Spanned elevations from 4,790 to 11,910 ft in the Blue Lakes region north of Ebbetts Pass (Alpine County) to just south of Kaiser Pass in the Evolution Lake/Darwin Canyon area (Fresno County).

U.S. Fish & Wildlife Service

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Endangered Any species in danger of extinction throughout all or a significant portion of its range

DEFINITIONS

Yosemite Toad

Mountain yellow-legged frog

Critical habitat

Threatened Any species likely to become endangered in the foreseeable future

Critical Habitat Specific geographic areas with physical and biological features essential to the conservation of a listed species

U.S. Fish & Wildlife Service

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Species Proposed Listing

Proposed Critical Habitat

Sierra Nevada yellow-legged frog Endangered 1,105,400 acres

Northern DPS of the mountain yellow-legged frog

Endangered 221,498 acres

Yosemite toad Threatened 750,926 acres

Total with overlapping acres: 1,831,820 – mostly on federal lands.

U.S. Fish & Wildlife Service

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Species Proposed Critical Habitat byCounty

Sierra Nevada yellow-legged frog Butte, Plumas, Lassen, Sierra, Nevada, Placer, El Dorado, Amador, Alpine, Calaveras, Mariposa, Mono, Madera, Tuolumne, Fresno, Inyo

Northern DPS of the mountain yellow-legged frog

Tulare, Fresno

Yosemite toad Alpine, Mariposa, Mono, Tuolumne, Fresno, Inyo, Madera

U.S. Fish & Wildlife Service

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The actions of the U.S. Fish and Wildlife Service to designate critical habitat do not close or restrict access to public lands.

The designation of critical habitat alerts the public and federal agencies to areas and features that are important for the recovery of the species.

Proposed Critical Habitat for 3 Sierra Amphibians

If critical habitat remains functional, and threats to the species are relieved, the species has a chance to recover.

U.S. Fish & Wildlife Service

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Timeline (past)2000 Feb: USFWS received a petition from the Center for Biological Diversity and Pacific Rivers Council to list the Sierra Nevada population of the mountain yellow-legged frog.

2000 Apr: USFWS received a petition from the Center for Biological Diversity and Pacific Rivers Council to list the Yosemite toad as endangered, and to designate critical habitat concurrent with listing.

2000 Oct: We published two findings that the listing of the Sierra Nevada population of the mountain yellow-legged frog and Yosemite toad may be warranted, and we requested information and data regarding the species.

2002 Dec: USFWS published a 12-month finding concluding that the Yosemite toad warranted protection under the Act, but constraints precluded listing at the time - it was placed on the candidate list.

2003 Jan: USFWS published a 12-month finding that listing mountain yellow-legged frogs in the Sierra Nevada was warranted but constraints precluded listing at the time - it was placed on the candidate list.

2007 Jun: We published a revised 12-month finding reiterating our finding that listing the Sierra Nevada DPS of the mountain yellow-legged frog was warranted – it remained on the candidate list.

2008: Mountain yellow-legged frogs in the northern Sierra Nevada were established as a separate species, the Sierra Nevada yellow-legged frog.

U.S. Fish & Wildlife Service

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Timeline (present)2013 Apr 25: Two proposed rules to list and designate critical habitat for the Sierra Nevada yellow-legged frog and the northern DPS of the mountain yellow-legged frog as endangered and the Yosemite toad as threatened scheduled to publish to the Federal Register.

2013 Apr 24 – 2013 Jun 24: First public comment period open for 60 days

2013 Jul 18 – 2013 Nov 18: Second public comment period open for 120 days

Timeline (future)2013 Fall: USFWS will make available to the public a draft economic analysis of the proposed critical habitat rule.

At that time another public comment period will be opened so that we can receive information about the draft economic analysis as well as the two proposed rules. We will hold two public meetings and a public hearing at that time.

Before Any Final Decision is Made:

The USFWS will review all public comments received during the public comment periods; and

The Service will also review and address the expert opinions of independent specialists with scientific expertise to ensure our determinations are based on scientifically sound data, assumptions, and analyses.

2014 Apr 24: Expected publication of final rules to the Federal Register

U.S. Fish & Wildlife Service

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Economic Analysis• The Endangered Species Act requires that critical habitat is designated

based upon the best scientific and commercial data available, after taking into consideration the economic impact, impact on national security, or any other relevant impact of specifying any particular area as critical habitat.

• The intent of the draft economic analysis is to identify and analyze the potential economic impacts associated with the proposed critical habitat designation for the species.

• The draft economic analysis identifies potential incremental costs as a result of the proposed critical habitat that are over and above the baseline costs attributed to the species being listed under the act.

U.S. Fish & Wildlife Service

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Requested Information1. Biological, commercial trade, or other relevant data concerning any threats (or lack thereof)

to these species, and regulations that may be addressing those threats.

2. Additional information concerning the historical and current status, range, distribution, and population size of these species.

3. Any information on the biological or ecological requirements of these species, and ongoing conservation measures for these species and their habitats.

4. The factors that are the basis for making a listing determination for a species under section 4(a) of the Endangered Species Act (ESA), which are:

• The present or threatened destruction, modification, or curtailment of its habitat or range;

• Overutilization for commercial, recreational, scientific, or educational purposes;

• Disease or predation;

• The inadequacy of existing regulatory mechanisms; or

• Other natural or manmade factors affecting its continued existence.

5. The reasons why we should or should not designate habitat as critical habitat for these species.

For a more complete list of requested information, please visit www.fws.gov/sacramento

U.S. Fish & Wildlife Service

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How to Submit Comments:Comments can be submitted online at the Federal eRulemaking Portal at http://www.regulations.gov.

The Docket Number for the proposed listing rule is FWS–R8–ES–2012–0100 and for the proposed critical habitat rule is FWS–R8–ES–2012–0074.

Comments can also be sent by U.S. mail to:

Public Comments Processing

FWS–R8–ES–2012–0100 or FWS–R8–ES–2012–0074

Division of Policy and Directives Management

U.S. Fish and Wildlife Service

4401 N. Fairfax Drive, MS 2042-PDM

Arlington, VA 22203

Verbal comments will be recorded during a public hearing, scheduled for the fall. Written comments can be accepted during any of the public comment periods.

U.S. Fish & Wildlife Service

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The U.S. Fish and Wildlife Service is a leader and trusted partner in fish and wildlife conservation.

• For more information on these proposals, please visit http://www.fws.gov/sacramento/

• For more information on our work and the people who make it happen, visit www.fws.gov/cno

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