Status of
of Foothill Yellow-Legged Frogs (Rana boylii)

Species of Special Concern (SSC)

• a species, subspecies, or distinct population of an animal^* native to California that currently satisfies one or more of the following (not necessarily mutually exclusive) criteria^**:
  • is extirpated from the State or, in the case of birds, is extirpated in its primary season or breeding role;
  • is listed as Federally, but not State, threatened or endangered;
  • meets the State definition of threatened or endangered but has not formally been listed;
  • is experiencing, or formerly experienced, serious (non-cyclical) population declines or range retractions (not reversed) that, if continued or resumed, could qualify it for State threatened or endangered status;
  • has naturally small populations exhibiting high susceptibility to risk from any factor(s), that if realized, could lead to declines that would qualify it for State threatened or endangered status.

Species of Special Concern (SSC)

Is an administrative designation and carries no formal legal status. However, SSCs should be considered during the environmental review process.

The intent of designating SSCs is to:

• focus attention on animals at conservation risk by the Department, other State, local and Federal governmental entities, regulators, land managers, planners, consulting biologists, and others;
• stimulate research on poorly known species;
• achieve conservation and recovery of these animals before they meet California Endangered Species Act criteria for listing as threatened or endangered.

California ESA (CESA, 1970)

Enacted in 1970 based on concern regarding the decline of wildlife species in CA. 1997 amendment gives explicit authority to permit

• First state to prohibit the importation, take, possession, or sale of rare and endangered species.
• Species may be listed as Threatened , Endangered, or candidates

CESA Definitions

• Endangered: A native species or subspecies of bird, mammal, fish, amphibian, reptile, or plant which is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease
• Threatened: A native species or subspecies…that, although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts required by this chapter
• Candidate: A native species or subspecies that the commission has formally noticed as being under review by the Department for listing. Candidates are given full CESA protection

Federal ESA (1973)

Purpose: to protect and recover imperiled species and the ecosystems upon which they depend.

• Administered by the U.S. Fish and Wildlife Service (Service) and the Commerce Department’s National Marine Fisheries Service (NMFS)
• Species may be listed as either endangered or threatened
  • “Endangered” means a species is in danger of extinction throughout all or a significant portion of its range
  • “Threatened” means a species is likely to become endangered within the foreseeable future
  • All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened.

Federal ESA (1973)

• “Candidate species” are plants and animals for which the FWS or NMFS has sufficient information on their biological status and threats to propose them as endangered or threatened under the ESA, but for which development of a proposed listing regulation is precluded by other higher priority listing activities. Currently reviewing.

Comparisons

Frog Timeline

North Coast (NW)

• Listing not warranted at this time

Feather River

• CESA Threatened

North Sierra (NE)

• CESA Threatened

Southern Sierra (E)

• CESA Endangered

Central Coast (W)

• CESA Endangered

South Coast (SW)

• CESA Endangered

Distinct Population
Segments (DPS)

Federal Listing Status

North Feather DPS

North Feather: CDFW vs. USFWS

Southern Sierra DPS

Southern Sierra: CDFW vs. USFWS

South Coast DPS

South Coast: CDFW vs. USFWS

Central Coast DPS

Central Coast: CDFW vs. USFWS

CA Take Authorization Types

• Incidental take permit (ITP; Fish & G. Code § 2081, subd. (b); Cal. Code Regs., tit. 14, §§ 783.2-783.8)
• Consistency determination if federal incidental take has been authorized (CD; Fish & G. Code, § 2080.1)
• Safe harbor agreement (SHA; Id., § 2089.6)
• Natural community conservation plan (NCCP; Id., § 2835)
• Take authorization issued pursuant to CESA requires project- and species-specific avoidance and minimization measures, as well as full mitigation for project related impacts

Project Considerations

Breeding Habitat Creation/Enhancement & Long Term Management

1. Obtain CDFW written approval of the proposed RABO breeding habitat and non-breeding habitat
2. Prepare a RABO Breeding Habitat Enhancement/Creation & Long-Term Management Plan
3. Submit to CDFW for review and approval within 120 days of the issuance
   • The Plan may incorporate a range of actions and may include invasive species management, opening the canopy to enhance RABO breeding habitat, planting riparian trees along tributary reaches, creating pool habitat in tributary reaches, or a combination of actions
   • The Plan shall include a minimum of 10 years of monitoring and shall include success criteria for created/enhanced elements

Breeding Habitat Creation/Enhancement & Long Term Management (cont)

4. Provide a recent preliminary title report, initial hazardous materials survey report, (or other reports approved by CDFW that provide similar information) and other necessary documents for the RABO Habitat Plan.
5. If, after a minimum of 3 breeding seasons, the analysis and monitoring at the Project site shows RABO breeding within the Project Area is not successful or has declined relative to control locations, then:
   • Permittee shall enhance/create additional breeding habitat and an amendment to the permit shall be required.