Comment Period Closing Soon On The Proposed Listing Of Two California Salamanders

The U.S. Fish & Wildlife Service (USFWS) has reopened the public comment period on its proposals to list the Kern Canyon slender salamander (Batrachoseps simatus) and the relictual slender salamander (Batrachoseps relictus) under the Endangered Species Act (ESA), designate critical habitat for both species, and establish a section 4(d) rule for the Kern Canyon slender salamander.

USFWS states that the reopened comment period will remain open until August 6, 2026, and is intended to solicit feedback on a new exception to the proposed 4(d) rule, its consideration of the conservation and economic impacts of that rule, and its Regulatory Flexibility Act analysis.

The underlying proposal would list the Kern Canyon slender salamander as a threatened species and the relictual slender salamander as an endangered species. USFWS also proposed designating approximately 2,051 acres of critical habitat for the Kern Canyon slender salamander and approximately 2,685 acres of critical habitat for the relictual slender salamander. Both species occur in California’s southern Sierra Nevada mountains.

The Kern Canyon slender salamander is located within portions of the Sequoia National Forest and adjacent private lands within the Erskine Creek and Bodfish Creek Canyons in Kern County, California. The relictual slender salamander is historically located in Kern County, California, including five sites in the Lower Kern River Canyon and eight sites on Breckenridge Mountain. According to USFWS, the species’ habitat is affected by degradation associated with roads, recreation, grazing, fire, and climate change, all of which may degrade seep and spring habitats and, in some cases, directly harm individual salamanders.

What Is New?

Although the proposal has been under review since 2022, USFWS recently reopened the comment period to gather feedback on two significant developments.

First, USFWS is proposing a new exception within the 4(d) rule for the Kern Canyon slender salamander. In response to previous public comments asserting that managed livestock grazing can lower wildfire risk and remain compatible with amphibian conservation, USFWS is considering excepting otherwise prohibited take associated with grazing activities that have negligible impacts on the species. The proposed exception would apply on Federal lands where grazing complies with agency standards and guidelines, and on non-Federal lands where grazing is conducted pursuant to best management practices designed to minimize impacts to salamander habitat, particularly riparian areas. USFWS would also retain exceptions for certain activities that reduce wildfire risk, which it identifies as a primary threat to the species.

Second, USFWS has released a supplemental analysis examining the economic impacts of the proposed 4(d) rule. USFWS concluded that the proposed rule is likely to result in limited changes for the regulated community because most of the species' range occurs on Federal land, some activities would be excepted from the take prohibitions, and only a small portion of the species' range occurs on private lands where additional permitting requirements may arise.

USFWS is also soliciting comment on its Regulatory Flexibility Act (RFA) findings. The RFA requires agencies to consider whether a proposed rule will have a significant economic impact on a substantial number of small entities. USFWS certified that the proposed 4(d) rule would not have such an impact because the rule would primarily affect Federal agencies, but USFWS nevertheless requested additional information regarding any potential impacts on small businesses, organizations, or governmental jurisdictions.

What Kind of Information Is USFWS Seeking?

USFWS is especially interested in comments that provide evidence, data, or expertise regarding the proposed 4(d) rule. Particularly, it is seeking:

1. The extent to which USFWS should include any of the ESA's section 9 prohibitions in the 4(d) rule;
2. Whether USFWS should consider any additional or different exceptions from the prohibitions in the 4(d) rule;
3. Impacts (conservation and economic) associated with implementing the 4(d) rule;
4. How frequently and in what geographical areas are activities that USFWS proposes to regulate under the 4(d) rule (e.g., sale, take) currently occurring;
5. Whether there are other laws currently in place beyond what USFWS describes in its economic considerations that regulate the activities or “take” prohibited in the proposed 4(d) rule;
6. The entities likely to request scientific permits for conducting activities that would involve “take” that USFWS propose to prohibit such as capture or handling of the Kern Canyon slender salamander;
7. Data available on the time and economic costs of obtaining scientific take permits;
8. The entities likely to develop habitat conservation plans and request incidental take permits for Kern Canyon slender salamander;
9. Data available on the time and economic costs of obtaining incidental take permits; and
10. Any other entities not addressed in this revised proposed rule that may be affected by the 4(d) rule.

USFWS has emphasized that comments supported by supplemental information such as scientific journals or other publications are particularly valuable.