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PETITION TO LIST THE JEMEZ MOUNTAINS SALAMANDER ...

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WildEarth Guardians Petition to List<br />

Jemez Mountains Salamander Under the ESA<br />

37<br />

and research on this disease. It is not know what effects the fungus will have on the<br />

Jemez Mountains salamander, but given the capacity of this disease to cause large<br />

mortality events, the threat to populations of Jemez Mountains salamanders is great.<br />

IV.<br />

Inadequacy of Existing Regulatory Mechanisms<br />

The Jemez Mountains salamander is imperiled throughout its range. Although federal<br />

and state agencies have signed agreements to afford protection to this species, the<br />

conservation measures in those agreements have failed to result in stabilizing or<br />

increasing populations and it is believed that Jemez Mountains salamander populations<br />

have decreased (Cummer et al. 2005). The lack of federal protection for this species has<br />

resulted in more isolated and fragmented populations. Crucial habitat has been<br />

threatened multiple times and in certain instances was destroyed or degraded due to<br />

human actions.<br />

Although regulatory documents include the MOA (USFS 1991), the Forest Plan<br />

and its amendments regarding federally threatened and endangered species and<br />

USFS sensitive species (USFS 1987; USFS 2004), the CMP (NMEST 2000b),<br />

and the Conservation Agreement between and among the USFS, USFWS and<br />

NMDGF (USFS 2000), the USFS continues to pursue activities which have<br />

destructive consequences for populations of the Jemez Mountains salamander and<br />

the habitat it requires (Tables 4 and 5). The central problem is that the MOA, or<br />

the CMP, have no legal authority for enforcement. For example, the NMEST can<br />

make suggestions to USFS, but there is no legal standing in the MOA that they<br />

have to follow the NMEST’s recommendations.<br />

While the CMP clearly states that Category 1 activities threaten the persistence of the<br />

Jemez Mountains salamander and that Category 2 activities, while at times necessary, are<br />

also detrimental to individuals and their habitat, these activities have continued to be<br />

conducted and/or proposed within the Essential Zone and Priority Survey Zone, under<br />

supervision of the US Forest Service. Cumulatively they have resulted in the decline of<br />

Jemez Mountains salamander subpopulations and added to large-scale destruction of<br />

suitable habitat.<br />

Species status history state, federal, national and global status ranks and listings<br />

As discussed previously, in 1992 the species the species was found not to warrant ESA<br />

listing based on the signing of the 1991 MOA (57 FR 11459). At that time the species<br />

was listed as threatened by the state of New Mexico. The species was reclassified in<br />

1996 to a Federal Species of Concern, which provides no protection or triggers for<br />

federal listing. In 1997, the Global Heritage Program ranked the salamander with a G2<br />

status (rare/imperiled). During this same year the New Mexico Heritage Program listed<br />

the Jemez Mountains salamander with an S2 ranking (imperiled), a rank it continues to<br />

hold. In 1999 the New Mexico State legislature removed protection for state-threatened<br />

species from take (Klingel 1999). Beginning in 2000 NMDGF and members of the<br />

NMEST began discussing the need to have the Jemez Mountains salamander uplisted

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