Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for the Kern Canyon Slender Salamander and Endangered Species Status for the Relictual Slender Salamander; Designation of Critical Habitat
Key claim: The U.S. Fish and Wildlife Service is reopening the public comment period on proposed ESA listings and critical habitat designations for the Kern Canyon slender salamander and relictual slender salamander, including a new 4(d) rule provision.
Abstract
(Proposed Rule · Interior Department, Fish and Wildlife Service) We, the U.S. Fish and Wildlife Service (Service), are reopening the comment period on our October 18, 2022, proposed rule (2022 proposed rule), and November 21, 2023, revised proposed rule (2023 revised proposed rule) to list the Kern Canyon slender salamander (Batrachoseps simatus) and the relictual slender salamander (Batrachoseps relictus) under the Endangered Species Act of 1973, as amended (Act), to designate critical habitat for both species, and to issue a rule under section 4(d) of the Act for the Kern Canyon slender salamander. This action will allow all interested parties an additional opportunity to comment on the proposed rule, as well as the opportunity to comment on a new provision for the 4(d) rule in response to previously submitted public comments and our necessary and advisable determination (including consideration of conservation and economic impacts) of the proposed 4(d) rule. Comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be fully considered in the final rule.
Why this matters
ESA listing decisions and critical habitat designations shape land-use restrictions, federal consultation obligations under Section 7, and permitting timelines for activities on public and private lands in the affected range (southern Sierra Nevada, California). The Section 4(d) rule is a discretionary tool for threatened species that can moderate take prohibitions to reduce regulatory burden while still protecting the species. Reopening the comment period signals continued agency engagement on scope and scientific basis before a final rule.