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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Proposed Rules
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overutilization for commercial, recreational, scientific, or educational purposes; C disease or predation; D
the inadequacy of existing regulatory mechanisms; or E other natural or manmade factors affecting its continued existence.
In determining potential future threats facing the six DPSs, we evaluated various future conditions based on projections of changes in threats. Our timeframe for review looked out approximately 40 years based on the effects of climate change and information developed for the PVA.
This was our timeframe for our threats analysis of future conditions for the six DPS to determine if they were likely to become endangered within the foreseeable future i.e., if they meet the Acts definition of threatened species throughout their ranges.
Status of the South Sierra DPS and the South Coast DPS of the Foothill YellowLegged Frog Throughout All of Their Ranges We have carefully assessed the best scientific and commercial information available regarding the past, present, and future threats to the South Sierra and South Coast DPSs of the foothill yellow-legged frog and their habitat.
Below we summarize our assessment of status of the South Sierra DPS and South Coast DPS under the Act.
South Sierra DPS: Threats are numerous and severe for the South Sierra DPS and include altered hydrology Factor A, agriculture including airborne pesticide drift Factor A, illegal cannabis cultivation Factor A, predation by nonnative species Factor C, disease and parasites Factor C, mining Factor A, urbanization including development and roads Factor A, recreation Factor E, severe wildfire Factor A, drought Factor E, extreme flooding Factor E, the effects of climate change e.g., increased temperatures, variability in precipitation events, increased drought frequency Factor E, and inadequacy of regulatory mechanisms Factor D. After evaluating threats to the DPS and assessing the cumulative effect of the threats under the Acts section 4a1
factors, we conclude that under current conditions, resiliency, redundancy and representation are substantially reduced due to existing range contractions and the DPSs extensive extirpations and patchy distribution within and between stream segments. Both structural and functional connectivity are also poor in the South Sierra DPS. While exact abundances are largely unknown, populations within the DPS are relatively small and isolated and are
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impacted by numerous threats that are of such extent and magnitude that they are making the South Sierra DPS
currently more susceptible to loss from stochastic or catastrophic events. The South Sierra DPS also has a high average risk of decline with no stream segments in lower risk categories under current conditions. As a result, we find that the magnitude and imminence of threats facing the South Sierra DPS of the foothill yellow-legged frog place the DPS in danger of extinction now, and therefore a threatened status is not appropriate. Thus, after assessing the best scientific and commercial information available, we determine that the South Sierra DPS of the foothill yellow-legged frog is in danger of extinction throughout all of its range.
South Coast DPS: There are numerous, severe threats to the South Coast DPS of the foothill yellow-legged frog including altered hydrology Factor A, drought Factor E, nonnative species Factor C, disease and parasites Factor C, urbanization including development roads Factor A, and recreation Factor E, illegal cannabis cultivation Factor A, extreme floods Factor E, severe wildfire Factor A, the effects of climate change e.g., increased temperatures, precipitation variability, increased drought frequency and duration Factor E, and inadequacy of regulatory mechanisms Factor D. After evaluating threats to the DPS and assessing the cumulative effect of the threats under the Acts section 4a1 factors, we conclude that under current conditions, resiliency, redundancy, and representation are poor for the South Coast DPS. Foothill yellow-legged frogs are mostly extirpated in this DPS and currently occur only in two streams. These streams are located close to one another, but the foothill yellow-legged frog populations within them appear to have lost genetic connectivity. Although the stream flows are not regulated by dams, the risk of population decline continues to be medium or high under current conditions due to the combination of threats identified above altering habitat and impacting the DPS. Furthermore, the close proximity of the stream segments to each other makes the South Coast DPS especially vulnerable to extirpation from a single catastrophic event. Like the other DPSs within the southern portion of the species range, the area associated with the South Coast DPS is subject to reduced precipitation and drying, which 1 shortens the hydroperiod and negatively affects habitat elements that are hydrologydependent; 2 limits recruitment,
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survival, and connectivity; and 3
exacerbates the effects of other threats, such as predation and wildfire. In addition, the current occupancy within the DPS is extremely low and the threats acting on the DPS are of such extent and magnitude to currently cause significant declines. As a result, we find that the magnitude and imminence of threats facing the South Coast DPS of the foothill yellow-legged frog place the DPS in danger of extinction now, and therefore a threatened status is not appropriate. Thus, after assessing the best scientific and commercial information available, we determine that currently the South Coast DPS of the foothill yellow-legged frog is in danger of extinction throughout all of its range.
Status of the South Sierra DPS and South Coast DPS Throughout a Significant Portion of Their Ranges Under the Act and our implementing regulations, a species may warrant listing if it is in danger of extinction or likely to become so in the foreseeable future throughout all or a significant portion of its range. We have determined that the South Sierra DPS
and the South Coast DPS of the foothill yellow-legged frog are in danger of extinction throughout all of their ranges, and accordingly we did not undertake an analysis of any significant portion of the range for these two DPSs. Because both DPSs warrant listing as endangered throughout all of their ranges, our determination does not conflict with the decision in Center for Biological Diversity v. Everson, 2020 WL 437289
D. DC 2020, in which the court vacated the aspect of the Final Policy on Interpretation of the Phrase Significant Portion of its Range in the Endangered Species Acts Definitions of Endangered Species and Threatened Species 79 FR 37578; July 1, 2014
that provided the Service does not undertake an analysis of significant portions of a species range if the species warrants listing as threatened throughout all of its range.
Determination of Status for the South Sierra DPS and South Coast DPS
Our review of the best available scientific and commercial information indicates that the South Sierra DPS and the South Coast DPS meet the Acts definition of endangered species.
Therefore, we propose to list the South Sierra DPS and the South Coast DPS as endangered species in accordance with sections 36 and 4a1 of the Act.

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