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PETITION TO LIST THE JEMEZ MOUNTAINS SALAMANDER ...

PETITION TO LIST THE JEMEZ MOUNTAINS SALAMANDER ...

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WildEarth Guardians Petition to List<br />

Jemez Mountains Salamander Under the ESA<br />

5<br />

“Threatened species” means a species that “is likely to become an<br />

endangered species within the foreseeable future throughout all or a<br />

significant portion of its range” (16 U.S.C § 1532(20)).<br />

424.11(c) “A species shall be listed…because of any one or a combination<br />

of the following factors:<br />

1. The present or threatened destruction, modification, or curtailment of<br />

habitat or range;<br />

2. Overutilization for commercial, recreational, scientific, or educational<br />

purposes;<br />

3. Disease or predation;<br />

4. The inadequacy of existing regulatory mechanisms; and<br />

5. Other natural or manmade factors affecting its continued existence.”<br />

All of the factors under 50 C.F.R. § 424.11(c) and ESA Section 4 (16 U.S.C. §<br />

1533(a)(1)) have threatened or may threaten the persistence of the Jemez Mountains<br />

salamander. Disease (factor 3) has not currently been shown to have caused mortality in<br />

this species but there is a threat of a mass mortality event if a known pathogen continues<br />

to be found with Jemez Mountains salamander populations and its habitat.<br />

Petitioner<br />

WildEarth Guardians is a non-profit environmental organization whose mission is to<br />

protect and restore wildlife, wild places, and wild rivers in the American West. In<br />

fulfilling this mission, WildEarth Guardians has worked to conserve species that face<br />

high levels of imperilment, especially those who play important umbrella and keystone<br />

functions within their ranges. The Jemez Mountains salamander is one such species. As<br />

an amphibian this species is sensitive to environmental changes. This characteristic of<br />

amphibians makes them particularly valuable as indicator species, especially as studies<br />

have shown that survival of many amphibian species are strongly dependent upon factors<br />

that can be influenced by human activities (Frisbie and Wyman 1991; Blaustein et al.<br />

1994; Blaustein and Wake 1995; Sugalski and Claussen 1997; Demaynadier and Hunter<br />

1998). Because of their abundance, total biomass and role in food chains, amphibians are<br />

ecological significant members of their communities (Griffiths 1996). The Jemez<br />

Mountains salamander is therefore a high priority species for WildEarth Guardians.<br />

Prior History of Species Under ESA<br />

Dr. James R. Dixon petitioned the Jemez Mountains salamander for listing under the<br />

ESA on February 13, 1990. Dixon’s petition pointed to threats to the salamander<br />

including: low population numbers; increasing logging; soil disturbance, dessication, and<br />

erosion; and threats from a proposed mine expansion. On July 30, 1990, FWS issued a<br />

positive 90-day finding (55 FR 38342). However, on February 11, 1992, FWS decided<br />

that the salamander did not warrant ESA listing. Its decision was based on the 1991 MOA<br />

which, the FWS asserted, removed the threat of habitat destruction and the future Jemez

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