Energy and Environment Monitor

Regional Endangered Species Issues

February 13, 2024

By: Robert G. McLusky

The United States Fish and Wildlife Service (“USFWS”) has issued two public notices recently concerning species of interest in Central Appalachia:

• First, is the proposal to list “West Virginia spring salamander” as endangered:
  • By federal register notice of December 20, 2023, the USFWS proposed to list this salamander as endangered and to designate critical habitat for its protection.
  • According to the notice, the salamander is found in only a single cave system in Greenbrier County, WV—the General Davis Cave. The proposed designated habit is limited to of 3.5 miles of the underground cave system that is located on private property and is already the subject of a WVDNR cave management plan.
  • Comments on the proposal are due by the end of February 20, 2024.
• Second, USFWS has issued a 90 day finding that petitions to list the Yellow-spotted woodland salamander may be warranted:

This action could Affect Southern WV, Eastern Ky and Eastern TN

• • By federal register notice of January 25, 2024, the USFWS has determined that a petition to recognize and list the yellow-spotted woodland salamander as a threatened or endangered species and to designate critical habitat was supported by credible information and “may be warranted.”  This is not a listing decision, but does obligate the USFWS to make a listing decision within 12 months.
  • The Petition to list the salamander is included with the linked materials. It was submitted by the Center for Biological Diversity and a number of organizations that have frequently opposed new coal operations. The Petition asserted that there are only 21 locations where the salamander is known to exist, and most of those are predominated by “isolated rock outcrops” in portions of the Appalachian and Cumberland Plateaus historically targeted by surface mining. 
  • According to the petition, the salamander was once considered a subspecies of another salamander, but studies in 2018 and 2019 confirmed it is a distinct species.
  • The known populations are located:
    • WV: south of the New River, including the New River Gorge

and the Bluestone River Gorge (including Pipestem Resort).

• • • VA: 5 locations; all along roadways.
    • KY/TN: Along the Pine Mountain Ridge.
  • The Petition includes a map generally locating the identified populations and overlay maps designed to show that the areas are the subject of historic surface mining. Here is a map of the species claimed distribution:

 

• • The Petition did not specify specific areas that should be designated as critical habitat. If the UWFWS ultimately designates habitat, it could include areas not currently occupied by the salamander if it determines that those areas are essential for the conservation of the species.  The Petitioners will almost certainly seek to have the Service include the entirety of the area shown on the map above.