Endangered and threatened species: Columbia spotted frog; Wasatch Front population,

[Federal Register: August 30, 2002 (Volume 67, Number 169)]

[Proposed Rules]

[Page 55758-55767]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr30au02-40]

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 Wasatch Front Columbia Spotted Frog as Threatened Throughout Its Range

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition finding.

SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 12- month finding on a petition to amend the List of Endangered and Threatened Wildlife. After review of all available scientific and commercial information, the Service has determined that, pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), listing the Wasatch Front population of the Columbia spotted frog (Rana luteiventris) is not warranted.

DATES: The finding announced in this notice was approved on August 23, 2002. Comments and information may be submitted until further notice.

ADDRESSES: Questions, comments, and additional information regarding this finding should be sent to Mr. Henry Maddux, Field Supervisor, U.S. Fish and Wildlife Service, 2369 West Orton Circle, West Valley City, UT 84119. Comments and materials received will be available on request for public inspection, by appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Jessica Gourley, e-mail filedby the Biodiversity Legal Foundation and Peter Hovingh challenging the not warranted finding as violating the Act and the Administrative Procedure Act. The complaint alleged that the not warranted finding was inconsistent with the 8 years of prior determinations by the Service; that the Wasatch Front population of the Columbia spotted frog deserved listing under the Act; that the Wasatch Front population of the Columbia spotted frog had declined during the course of the 8-year administrative process; that the Conservation Agreement contained future and voluntary actions that had yet to be implemented and had not proven successful at protecting the Wasatch Front population of the Columbia spotted frog; and that all measures identified by the Service as having previously been implemented had either failed, had been rejected by the Service as inadequate, or were adopted to mitigate specific projects that had already destroyed Columbia spotted frogs and their wetland and aquatic habitat.

On August 6, 2001, the plaintiffs and the Government reached a settlement regarding this complaint. The settlement stipulated that we remand for reconsideration the 1998 ``not warranted'' finding and start a new status review and 12-month finding on the Wasatch Front population of the Columbia spotted frog to be completed by July 31, 2002. The Service subsequently published a notice of intent to conduct the 12-month finding on September 10, 2001 (66 FR 47034). The settlement also stated that we would not vacate our previous determination in the interim. Candidate status of this species would not be restored unless and until we determine in the revised 12-month finding that the species is warranted for listing, or warranted but precluded from listing by higher priority listing actions.

Following this settlement, we initiated a review to evaluate the status of the Columbia spotted frog on the Wasatch Front. Comments were received, evaluated, and incorporated where appropriate into this status review. Information included published and unpublished reports, manuscripts, books and data, memoranda, letters, phone communications, email correspondence, and information gathered at meetings. In addition, persons who were species experts on the Columbia spotted frog were provided opportunity to comment on the data used in this report to ensure it was the most accurate and updated information available and that it was interpreted accurately. This status review is available upon request from the Utah Field Office (see ADDRESSES above).

The Columbia spotted frog belongs to the family of true frogs, the Ranidae. Color and pattern descriptions of individuals from Utah include brownish-black dorsal coloration with little to no spotting pattern (Colburn, U.S. Fish and Wildlife Service, pers. comm. 1992). Pigmentation on their abdomens varies from yellow to red (Turner 1957). Columbia spotted frogs along the Wasatch Front generally possess a salmon color ventrally, while West Desert and Sanpete County, Utah, populations generally have a yellow to yellow-orange color ventrally.

The spotted frog is closely associated with water (Dumas 1966, Nussbaum et al. 1983). Habitat includes the marshy edges of ponds, lakes, slow-moving cool water streams and springs (Licht 1974; Nussbaum et al. 1983; Morris and Tanner 1969; Hovingh 1987).

The overall distribution of the Columbia spotted frog is continuous throughout extreme southeastern Alaska, southwestern Yukon, northern British Columbia, and western Alberta; and south through Washington (east of the Cascades), eastern Oregon, Idaho, and western Montana. Its southern extent includes disjunct populations in central and northeastern Nevada, southwestern Idaho, western and north-central Wyoming, and northern Utah (Stebbins 1985; Green et al. 1996, 1997, Tanner 1931, Linsdale 1940, Banta 1965, Turner and Dumas 1972, Hovingh 1993, Ross et al. 1993, 1994). These disjunct populations are highly fragmented, occurring on isolated mountains and in arid-land springs.

Systematic and taxonomic relationships of spotted frogs occurring in Utah to other spotted frog populations have been described in several manners. Two subspecies of Rana pretiosa were described originally (Thompson 1913, Wright and Wright 1949). These two subspecies, R. p. pretiosa and R. p. luteiventris, were described based on pigmentation characteristics of frogs. As additional specimens were examined, variability of characteristics within and between populations was described (Morris and Tanner 1969). Green et al. (1996) examined allozyme and morphometric variation in R. pretiosa and suggested that at least two species were represented, referred to as species A (southwestern Washington and Oregon Cascades) and species B (remainder of range). However, morphometrically the two species were ``almost indistinguishable'' and the authors could not fully delineate the dividing line between the ranges of species A and species B. Based on biochemical and morphological data, Green et al. (1997) concluded that there were two groups at the species level--Oregon spotted frog (Rana pretiosa) and Columbia spotted frog (Rana luteiventris). They determined that all spotted frog populations occurring within Utah should be taxonomically described as Rana luteiventris. On September 19, 1997, the Service updated the common and scientific names of the Utah populations to the Columbia spotted frog, Rana luteiventris.

Further analyses of taxonomic relationships among range-wide spotted frog populations were performed by Bos and Sites (2001). This study revealed four genetically distinct lineages. Two of these lineages are represented in Utah--(1) the Deep Creek lineage (Deep Creek-Ibapah population in the West Desert DPS), and (2) the Bonneville lineage (all other populations in Utah, including the Wasatch Front and the remainder of the West Desert DPSs). The Wasatch Front DPS appears to have originated from the West Desert populations in relatively recent evolutionary time, during the recession of Lake Bonneville (Bos and Sites 2001, Toline and Seitz 1999). Therefore, genetic differences between these populations have not yet been established. However, separation of the West Desert and Wasatch Front DPSs is supported by ecological and demographic distinctiveness due to geographic isolation and habitat differences, including disparate biological, chemical, and thermal characteristics of occupied springs and wetlands (Hovingh 1993, U.S. Fish and Wildlife Service 1993). In addition, due to the dependence of spotted frogs on aquatic habitats (Bos and Sites 2001) and population isolation (Toline and Seitz 1999), there is likely no gene flow existing between the Wasatch Front and West Desert DPSs.

The disjunct populations in Utah represent the southern extent of the species range (Stebbins 1985). Post-glacial climatic shifts allowed spotted frog populations to naturally distribute across drainage areas of the Bonneville Basin of Utah. The Bonneville Basin encompasses the area that was covered by ancient Lake Bonneville and which,

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today, lies within the Great Basin province. The Great Basin province is distinguished geologically by parallel north-south mountain ranges separated by broad, alluvial desert basins (Christiansen 1951) and valleys. The steep, gravelly slopes of these ranges are prominently marked by benches and other shore features of Lake Bonneville. Springs commonly occur at the base of the mountains (Bick 1966) and in the valley floors. Several aquatic species have maintained an existence as relict populations in these springs, including the Columbia spotted frog, least chub, and several species of mollusks. However, these species are rare and in some areas the populations are declining. Rapid deterioration of aquatic environments, primarily from agricultural practices, has caused other unique Bonneville Basin species, such as Rhinichthys osculus relictus (Hubbs and Miller), a subspecies of dace, to become extinct (Hubbs et al. 1974).

The Wasatch Front population occurs in isolated springs or riparian wetlands in Juab, Sanpete, Summit, Utah, Tooele, and Wasatch Counties. Columbia spotted frogs have been extirpated from the Salt Lake Valley and tributaries to the Jordan River and Great Salt Lake due to habitat loss from urban development. Currently, there are seven localized populations of spotted frog that comprise the Wasatch Front population or DPS. The largest known concentration is currently in the Heber Valley; the remaining six locations are Jordanelle/Francis, Springville Hatchery, Holladay Springs, Mona Springs Complex/Burraston Ponds, Fairview, and Vernon. For purposes of this finding, each distinct area within the Wasatch Front DPS that supports reproducing and self- sustaining frogs is referred to as a population.

Spotted frogs are aquatic specialists and more dependent on permanent aquatic habitats than other ranid species (Dumas 1966, Perkins and Lentsch 1998a). The majority of sightings and captures of this species have occurred while the frogs were submersed in water. Range-wide, spotted frogs use a variety of habitat types including cold water ponds, streams, lakes, and springs adjacent to mixed coniferous and subalpine forest, grassland, and brush land (Morris and Tanner 1969, Stebbins 1985). On the Wasatch Front, they are usually found in emergent wetlands associated with riparian or isolated spring-fed habitat with cool and organic substrates (Dumas 1966, Morris and Tanner 1969, Cuellar 1994). Habitat usually consists of a small spring, pond, or slough with a variety of herbaceous emergent, floating, and submergent vegetation. Spring vegetation most commonly associated with the spotted frog on the Wasatch Front includes: bullrush (Scirpus sp.), sedges (Carex spp.), cattails (Typha sp.), duckweed (lemnaceae), rushes (Juncus spp.), watercress (Nasturtium officinale), grasses (Graminae), and algae (Ross et al. 1994). Morris and Tanner (1969) suggest that deep silt or muck bottoms are required for hibernation and torpor.

Spotted frogs emerge from hibernation in the spring and tend to use different habitats depending on their needs. For example, in Yellowstone National Park sexually immature individuals tended to inhabit aquatic habitats away from breeding adults (Turner 1958). Breeding adults may use areas in the absence of other age-classes, and move to sites near younger frogs as the water begins receding from the breeding area (Turner 1958). Turner (1960) suggested that spotted frogs have small home ranges. In Yellowstone National Park frogs were recaptured at or near the same location used for breeding. This hypothesis is supported by studies of spotted frogs in the Heber Valley where most individuals were recaptured in the site of their initial capture (Ammon and Wilson 2001).

Recent studies have evaluated spotted frog locations and movements outside of the breeding season. Ongoing research in the Heber Valley of Utah indicates that spotted frogs travel short distances between breeding and post-breeding habitats, and many breeding sites serve as year-round habitat (Ammon and Wilson 2001). Bull and Hayes (2001) noted post-breeding dispersal distances of 15 to 560 meters (49 to 1,837 feet) in spotted frogs in northeastern Oregon. Dispersal patterns were related to pond size, water temperatures, and proximity to other sources of permanent water. Dispersal corridors are typically limited to aquatic or semi-aquatic habitats such as streams, intermittent drainages, and seeps (Ross and Peterson 1998). Intensive mark-recapture and radiotelemetry studies are needed to determine actual movement distances and patterns in this and other Utah populations.

Wasatch Front populations begin breeding in early-March with the spring thaw. However, populations at higher elevations may delay breeding until mid-March, and continue through late-April (UDWR data on file). Elevation differences in spotted frog breeding seasons have been similarly reported in British Columbia (Licht 1975) and Yellowstone National Park (Turner 1958), and are attributed to temperature differences. Spotted frogs are known to use temporary bodies of water for breeding in more mesic parts of their range (Turner 1960, Licht 1971), but in Utah breeding sites are predominantly associated with a spring or some other permanent water source (Morris and Tanner 1969, Hovingh 1993, Ross et al. 1993, Ross et al. 1994).

Egg deposition is stimulated by a single pair of frogs followed by other spotted frogs depositing eggs in the same area. It has been reported that they will deposit eggs in the same area annually (Morris and Tanner 1969, Nussbaum et al. 1983). Individual females may oviposit more than one clutch of eggs annually (Morris and Tanner 1969); however, this has not been confirmed in Utah populations. Sex ratios have not been quantified in Utah. For estimates of effective population size (Ne), UDWR used estimates of 1:1 sex ratios as derived from egg mass monitoring information during 1991-1993 surveys (Ross et al. 1993, 1994).

Egg masses tend to be deposited in open, shallow (W2ADM-1) protects the spotted frog and other sensitive species in Utah by preventing the stocking of nonnative and other potentially harmful species in spotted frog habitats, and outlining protocols to decrease potential transmission of harmful pathogens to spotted frog populations. National Environmental Policy Act

The National Environmental Policy Act (NEPA) requires Federal agencies to describe a proposed action, consider alternatives, identify, and disclose potential environmental impacts of each alternative, and involve the public in the decision-making process. Federal agencies are not required to select the alternative having the least significant environmental impacts, but environmental impacts, including those to wetlands and wildlife, are included as part of the public review process and NEPA analysis.

The NEPA can be an effective mechanism in the conservation of the spotted frog where a Federal nexus exists, and agencies are actively involved in spotted frog conservation; i.e., the Conservation Agreement provides a mechanism for coordination and awareness in this regard. Land use and activities on private lands which includes more than half of the spotted frog populations are not required to comply with NEPA. Many large-scale land activities and water development projects occurred before there was a local awareness about the historically declining status of the spotted frog. However, most Federal agencies with interest or planned actions that might affect spotted frog are currently signatories to the Conservation Agreement. Although their involvement in and of itself does not legally bind the signatories to specific actions under NEPA, since the inception of the agreement these agencies have included spotted frog impacts and conservation as part of NEPA compliance. Clean Water Act Section 404

Section 404 of the Clean Water Act, administered by the Environmental Protection Agency and the Army Corps of Engineers, is the primary Federal law that potentially provides protection for the spotted frog by regulating fill to wetlands and other aquatic habitats determined to be ``jurisdictional,'' in part through proximity to surface water connections. The types of wetland impacts addressed by section 404 include:

(1) Actions that impact jurisdictional wetlands defined as ``waters of the United States,'' 33 U.S.C. Sec. 1363(7);

(2) Discharge of dredged or fill material into waters of the United States; and

(3) Limited activities in upland habitats that may have indirect impacts

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to adjacent wetlands where fill is permitted.

Recent court decisions (National Mining Association v. U.S. Army Corps of Engineers 145 F.3d-1399 (D.C. Cir. 1998) (overturning the Tulloch Rule); Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers 531 U.S. 159 (2001) (narrowing the definition of waters of the United States)) have recently reduced the authority of section 404 to protect wetland habitats.

Because of their hydrologic connection to navigable waterways (e.g., Provo River, San Pitch River), the Corps still regulates the remaining unprotected remnant spotted frog wetland areas and large areas of unoccupied habitats. The Service maintains an important advisory role to the Corps in the section 404 permitting process. Because of questions concerning the success of spotted frog translocations and spotted frog habitat creation, recent discussions with the Corps have focused on using habitat protection (acquisitions, easements) and restoration techniques for mitigation of spotted frog habitats where necessary.

Resource agencies have been successful at incorporating actions and project conditions that protect and enhance spotted frog habitat. Ongoing efforts include the protection and restoration of spotted frog habitat along the upper Provo River associated with the proposed Victory Ranch development and planned acquisitions of other properties along the Upper Provo River. In addition, ongoing negotiations have been successful in relocating a proposed wastewater treatment plant in the San Pitch Valley near Fairview to a location outside of spotted frog habitat. Furthermore, the applicant is proposing to donate approximately 1.6 hectares (4 acres) of mixed uplands and wetlands for a conservation easement for spotted frogs as a part of the project.

Some areas of unoccupied habitats may be considered nonjurisdictional, i.e., not subject to regulations under section 404. However, a large portion of remaining unoccupied habitats are not imminently threatened, and some unoccupied suitable habitats, like those at Utah Lake and the Weber River, are protected in perpetuity. Unoccupied habitats are important for future reintroduction and range expansion efforts now that the extant populations are stable. Although there are no documented records of spotted frogs in these areas, Utah Lake and the Weber River fall within its historic range and provide presumably suitable habitat.

In summary, section 404 certainly does not provide complete protection for the spotted frog and its habitats. Historically, regulatory inadequacies likely resulted in the loss of large amounts of occupied spotted frog habitats. Agencies have more recently been successful in working with local landowners and the 404 permitting process to protect and restore spotted frog populations and habitat. The cooperative environment that has resulted from the Conservation Agreement has facilitated efforts to prioritize the spotted frog through the section 404 permitting process. Because of this emphasis, actions that could affect occupied spotted frog habitats are more thoroughly evaluated and efforts are made to avoid or minimize potential impacts. Therefore, potential regulatory inadequacies do not threaten the long-term persistence of the Wasatch Front spotted frog.

E. Other Natural or Manmade Factors Affecting its Continued Existence

Drought may play a role in reducing reproduction of spotted frogs on the Wasatch Front. Decreased rain and snowfall can dry wetlands, dessicate spotted frog egg masses and larvae, and reduce survival rates of subadults and adults (U.S. Fish and Wildlife Service 2000). The combination of increased water demands and natural drought cycles may further reduce the extent and quality of spotted frog habitat and the size of the remaining populations on the Wasatch Front.

Contaminants have not been specifically implicated in the decline of any spotted frog population on the Wasatch Front. However, given the prevalence of agriculture and urban development, the species is likely exposed to a variety of toxins from urban and agricultural sources. While the sensitivity of this species is largely unknown, studies of similar amphibian species show sublethal and lethal effects at the population level.

These factors are not currently known to be significant threats to the long-term persistence of the Wasatch Front spotted frog.

Conclusions and Findings

Current Status

Currently, there are seven populations of spotted frog included in the Wasatch Front DPS, including the newly discovered Vernon population in the Rush Valley near the town of Vernon. Survey efforts since 1999 have greatly expanded the known range of most populations. Most notably, approximately 19 kilometers (12 miles) of occupied spotted frog habitat were discovered in the upper Provo River corridor. All extant populations, with the exception of the very small, isolated Springville Hatchery/T-Bone Bottom population, have either increased (documented colonization of unoccupied newly created or restored sites) or have been found to be of a larger population size (additional occupied sites or greater density of sites found within known population boundaries) than previously thought (Table 3).

Table 3.--Numbers of Documented Breeding Sites in Spotted Frog Populations on the Wasatch Front

Year Population

1994 1995 1996 1997 1998 1999 2000 2001 2002

Jordanelle/Francis...................... 14 14 14 14 14 23 23 33 48 Heber Valley............................ 22 23 33 52 56 57 74 74 91 Springville Hatchery/T-Bone Bottom...... 3 3 3 3 3 3 3 3 3 Burraston Ponds/Mona Springs Complex.... 4 4 4 4 4 7 7 7 7 Holladay Springs........................ 2 2 2 2 2 4 4 4 4 Fairview................................ 11 11 11 11 11 13 26 26 26 Vernon.................................. ...... ...... ...... ...... ...... ...... ...... ...... 1

The Springville/T-Bone Bottom remains the most vulnerable to extirpation. All other populations (Heber Valley, Jordanelle/Francis, Mona/Burraston, Holladay, and Fairview) have exhibited stable or increasing egg-mass trends based on a review of almost 10 years of egg- mass number data. Populations, however, are

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cyclic and exhibit continuous, natural high/low fluctuations. Population declines are not unusual; amphibian populations are naturally dynamic, and exhibit sporadic breeding in response to environmental stressors (Duellmann and Trueb 1986).

Population fluctuations (as evidenced by egg mass numbers) have occurred, but have been attributed to natural population dynamics resulting largely from climatic conditions, and not the result of changed landscape conditions. In addition, the Vernon population was discovered in 2002. This discovery and that of an additional 19 kilometers (12 miles) of occupied habitat along the Provo River (Jordanelle/Francis population) implies that additional populations and occupied habitat could yet be discovered.

Based on this recent data, extant populations of the Wasatch Front spotted frog DPS, after decades of decline, have been exhibiting a stable to increasing trend in the most recent time period examined (from 1998 to present; Table 4, Table 5).

Table 4.--Numbers of Egg Masses at Documented Breeding Sites in Spotted Frog Populations on the Wasatch Front

Year Population

-------------------------------------------------------------------------------- 1994 1995 1996 1997 1998 1999 2000 2001 2002

Jordanelle/Francis............. 92 79 29 21 21 20 59 31 44 (63) (99) (165) (260) Heber Valley................... 120 156 323 219 176 206 151 123 206 (167) (473) (491) (372) (438) (431) (418) (550) Springville Hatchery/T-Bone

7

6

0 65 87 44 50 25

9 Bottom........................ Burraston Ponds/Mona Springs

5 66 63 148 78 61(78) 111P 69 41 Complex.......................

(120) (73) (41) Holladay Springs............... 24 33 29 64 122 144 135 52 27 (192) (160) (68) (27) Fairview....................... 35 34 24 24 22 17 59 20 * 8 (25) (130) (163) (86) Vernon......................... ....... ....... ....... ....... ....... ....... ....... ....... 4

() = egg masses at original breeding site + egg masses at recently discovered breeding sites. * Three of 11 sites were not surveyed because access was mistakenly denied to the property. This situation has been corrected and full access to these sites has been restored.

Table 5.--Summary of Spotted Frog Population Trends

Time period

Number of populations

Population stability/size

Pre-settlement........................... 18 \a\

No data. Early to Mid 1900s....................... 18 \a\

Presumed decreasing. Up to 1993............................... 9

Documented decreased. 1995 to 1998............................. 6

Stable. 1998 to 2002............................. 7 \b\

Stable to increasing.

\a\ Includes documented historic and current populations. Current populations are assumed to have been present historically. \b\ Includes recently discovered Vernon population.

The recent change in species status and trends is due in part to our increased knowledge of the species distribution and in part due to the success of already-completed conservation efforts that have minimized or reduced many of the imminent threats to extant populations. Although not all actions necessary to alleviate concerns have been completed, completed conservation actions have addressed and removed or sufficiently reduced threats and the risk of extinction.

The development and implementation of the Conservation Agreement represented an important shift in awareness and effort for conservation of the Wasatch Front spotted frog. Since the initiation of the Conservation Agreement in 1997-1998 and the subsequent conservation actions, monitoring and survey data has shown that populations are larger than previously thought.

Conservation actions have been successful at addressing localized threats to the species at the extant population areas. For example, habitat protection and removal of grazing at Mona Springs has resulted in significant improvements to spotted frog habitat. Habitat acquisitions specific for existing spotted frog populations have occurred (e.g., Heber Valley and Mona/Burraston) and significant acreages of unoccupied historic habitat have been purchased and protected (e.g., Utah Lake Wetland Preserve) as mitigation for prior impacts to aquatic resources associated with the Central Utah Project. Funds also have been allocated for research into the life history, habitat requirements, and genetics of the spotted frog.

Specific conservation actions and large-scale land acquisitions have occurred that may provide reintroduction areas for spotted frog range expansion efforts. For example, acquisition of the Utah Lake Wetland Preserve and parcels in the Weber River drainage to provide historical, but currently unoccupied habitats.

Population Viability

Of the extant populations, there is a range of ecological size and function that provides a level of diversity. Some populations occur along riparian wetland corridors while others occupy complex spring systems in the valley floor. Although populations are undoubtedly smaller than they were historically, most exhibit stable or increasing trends. The Heber Valley, Jordanelle/Francis, Fairview, and

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possibly the Mona/Burraston population are large enough to provide some small scale metapopulation function (genetic and demographic buffer) within individual population boundaries. Although not discrete populations, these locations occur over a geographic area of sufficient size and habitat diversity to yield localized genetic interchange. These sub-population dynamics provide local genetic and demographic buffer for the overall population. Other populations like the Springville and Holladay populations, provide small, isolated genetic and demographic refuge and a locally unique ecological function to the Wasatch Front DPS.

There is no specific answer in conservation literature as to the number of populations necessary to allow long-term persistence of a species in a natural evolutionary trajectory. For amphibians, most experts agree metapopulation dynamics provide a critical role in population stability. In the absence of large, connected metapopulations, multiple spotted frog populations of different sizes that represent a range of natural ecological function can provide a reasonable level of assurance for long-term persistence of the species. Newly created or isolated small populations can provide demographic and genetic refuge for other populations. Larger, better connected populations can prevent loss of genetic diversity and prevent detrimental genetic affects that can occur in small populations.

The number of extant populations is one factor affecting the viability of a species. The greater number of populations that occur, the less likely the species will go extinct. This also can be misleading. One large metapopulation fragmented into two smaller populations by human impacts does not translate into a greater chance of persistence. Other factors, such as population size (relative density, abundance, or effective size) and stability (protection of habitat, stable or increasing trend in monitoring data) must be considered in concert with number of populations. When there is a positive or stable trend in population size and numbers and a reduction in threats due to completed and ongoing conservation actions, the species is likely to persist into the future.

Summary

The overall level of threats to the long-term persistence of the Wasatch Front spotted frog has decreased in recent years, particularly since 1998. Although most of the human activities that contributed to these threats still occur to some extent throughout the Wasatch Front, there is no longer the same level of impacts on the spotted frog that resulted in past wide-spread habitat destruction and the loss of spotted frog populations. Much of the occupied habitat for the spotted frog is under State or Federal ownership and ongoing management of these lands emphasizes the long-term persistence of the spotted frog. This is not to say that threats have been eliminated. Localized areas continue to be affected by specific problem activities.

However, mechanisms are in place through Federal, State, and local conservation and land-use plans to identify these activities, correct the problems, and protect spotted frog populations. To date, these actions have been successful at reducing threats to extant populations, largely by acquiring important habitats and implementing management actions that improve habitat conditions. Success is evidenced by the stable to improving status of the spotted frog throughout the Wasatch Front in the most recent time period evaluated.

Based on this analysis of the effects of conservation actions already in place, the trajectory of the Wasatch Front spotted frog status continues to be towards more secure populations, reduced threats, and improved habitat conditions. Although some threats continue and may increase, most threats have been or are being addressed through completed or ongoing actions and at this time do not threaten the long-term persistence of the spotted frog. Our analysis of the five factors under section 4(a)(1), individually and collectively, indicates that the spotted frog is not in danger of extinction or likely to become in danger of extinction in the foreseeable future throughout all or a significant portion of the Wasatch Front. Therefore, the Service finds that the Wasatch Front spotted frog is ``not warranted'' for listing under the Act. If new information indicating that the level of threats have become more severe or the status of the spotted frog or its habitat degenerates in the future, the status of the spotted frog will be reevaluated.

Recommendations for the Future

Following historical habitat and population losses, the current populations are stable to improving and most are protected to a large degree from ongoing direct habitat loss, due to already completed conservation actions. Further habitat acquisitions and protections are in progress for the Jordanelle/Francis, Heber Valley, Mona/Burraston, and Fairview populations. Current ventures are focused on acquiring habitat easements along approximately 9.7 kilometers (6 miles) above Jordanelle Dam, including occupied and suitable spotted frog habitats. Easements are currently being pursued with 7 Fairview landowners to protect approximately 162 hectares (400 acres) of occupied spotted frog habitat and migration corridors from potential water and residential development. The remaining 15 percent of the Provo River corridor in the Heber Valley is projected to be purchased and protected by 2004. In the Mona/Burraston population, fee-title purchase or conservation easements are currently being negotiated for 7.9 hectares (19.5 acres) which would allow for protection of all spring and potential spotted frog habitat on this site.

Completion of habitat protection activities which have resulted in a reduction of threats to the extant populations allows conservation efforts to now focus on population expansion into historic, unoccupied habitats. Habitat protection and reintroduction of frogs into suitable, unoccupied habitats will further improve the long-term status of the species along the Wasatch Front. For example, recent habitat acquisitions that also will benefit the spotted frog include 5,544 hectares (13,700 acres) at Utah Lake and 3.2 kilometers (2 miles) along the upper Weber River.

Therefore, the focus of spotted frog conservation efforts can reasonably shift to acquisition of additional occupied and unoccupied, suitable habitats and range expansion efforts, including:

(1) Land protection mechanisms, such as conservation easements and fee-title acquisitions generally provide the most long-term benefits for sensitive species. Voluntary conservation actions on parcels of private land may provide site-specific benefits to the frog. Future conservation should continue to focus on land acquisition and easements that include buffer zones sufficient to minimize direct and indirect impacts from land use as well as protection and maintenance of dispersal or migration corridors. Furthermore, steps should be taken to protect water sources (i.e., Juab Valley) where potential threats are identified.

(2) Although there is no specific number of populations necessary to prevent extinction, reintroduced populations provide ecological redundancy in ecological function and genetic and demographic stochasticity. There are several habitats already identified which may provide suitable reintroduction sites. Future conservation should include reestablishment of spotted frog populations, and associated research

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and land management necessary to maintain new populations in: (1) Areas where populations previously occurred if suitable habitat remains and (2) other suitable habitat within the natural range of the species.

(3) Some Wasatch Front spotted frog populations are notably small in size and vulnerable to risks of detrimental genetic processes (inbreeding, loss of genetic diversity) and demographic uncertainty. Springville Hatchery/T-Bone Bottom population is particularly vulnerable based on its current size and decreasing trend. Actions should be taken to augment or through some other process, increase the size of this population. Furthermore, the current trend should be evaluated to determine if specific land or water use activities are exacerbating the decrease. If specific threats are identified, priority should be placed on reducing these threats such that the population would remain secure into the future.

References Cited

A complete list of all references cited is available upon request from the Utah Field Office (see ADDRESSES above).

Author

The primary authors of this document are Jessica Gourley and Laura Romin (see ADDRESSES above).

Authority

The authority for this action is section 4(f) of the Endangered Species Act, 16 U.S.C. 1533(f).

Dated: August 23, 2002. Steve Williams, Director.

[FR Doc. 02-22160Filed8-29-02; 8:45 am]

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