[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Proposed Rules]
[Pages 54028-54035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27549]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE41
Endangered and Threatened Wildlife and Plants; Proposal to List
the St. Andrew Beach Mouse as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes endangered
status for the St. Andrew Beach Mouse (Peromyscus polionotus
peninsularis) pursuant to the Endangered Species Act of 1973, as
amended (Act). This subspecies is restricted to coastal sand dunes and
had a historic distribution that included the northeast Florida
panhandle from Gulf County into portions of Bay County. Its current
range is limited to a portion of the St. Joseph Peninsula in Gulf
County. Habitat impacts causing loss of mice and the species' local
capability to recover from such impacts are primarily responsible for
the range curtailment. Threats to beach mouse habitat include severe
storms, coastal land development and its associated activities, and
non-storm related, natural shoreline erosion. Additional threats
include predation by free-ranging domestic cats and displacement by
house mice. This proposal, if made final, would implement the
protection provisions provided by the Act for this beach mouse.
DATES: Comments from all interested parties must be received by
December 16, 1997. Public hearing requests must be received by December
1, 1997.
ADDRESSES: Comments and materials concerning this proposal should be
sent to Michael M. Bentzien, Assistant Field Supervisor, U.S. Fish and
Wildlife Service, 6620 Southpoint Drive South, Suite 310, Jacksonville,
Florida 32216. Comments and materials received will be available for
public inspection, by appointment, during normal business hours at the
above address.
FOR FURTHER INFORMATION CONTACT: Dr. Michael M. Bentzien, at the above
address (telephone 904/232-2580, ext. 106; facsimile 904/232-2404).
SUPPLEMENTARY INFORMATION:
Background
The oldfield mouse (Peromyscus polionotus) occurs in northeastern
Mississippi, Alabama, Georgia, South Carolina, and Florida. Beach mice
are coastal subspecies of the oldfield mouse restricted to beach and
sand dune habitat. Hall (1981) recognized eight coastal subspecies
whose common distinguishing characteristics include white feet, large
ears, and large black eyes. Their fur is variously patterned in shades
of white, yellow, brown, and grey. The head, back, and rump are darkly
patterned, though to a lighter and less extensive degree than inland
oldfield mice. The all-white underparts extend higher up to the sides
than on the inland subspecies (Sumner 1926, Bowen 1968). Howell (1939)
described the type (original) specimen of the St. Andrew beach mouse as
having a very pale, buff-colored head and back with extensive white
coloration underneath and along the sides. Bowen (1968) noted two
distinct rump color pigmentations, one a tapered and the other a
squared pattern, which extended to the thighs. Head and body lengths
average 75 millimeters (mm) (2.95 inches (in)), tail mean length 52 mm
(2.05 in), and hind foot mean length 18.5 mm (0.73 in) (James 1992).
Beach mice subspecies historically occurred on both the Atlantic
Coast of Florida from St. Johns through Broward counties and the
eastern Gulf of Mexico from Gulf County, Florida, to Baldwin County,
Alabama (Ivey 1949, Bowen 1968, James 1992, Stout 1992, Gore and
Schaefer 1993). The St. Andrew beach mouse is the easternmost of the
five Gulf coast subspecies. Howell (1939) collected the type specimen
at St. Andrew Point on Crooked Island, Tyndall Air Force Base, Bay
County, Florida (type locality). Other historic collection records for
the subspecies include nine additional specimens from the type
locality, seven mice from St. Joseph Point and four mice from Cape San
Blas on the St. Joseph Peninsula in Gulf County, 48 individuals at or
near the town of Port St. Joe located on the central Gulf County
coastal mainland, and four specimens near Money Bayou in eastern Gulf
County (Bowen 1968). Based on these records, Bowen (1968) and James
(1992) described the former range of the St. Andrew beach mouse as
likely extending from the St. Joseph Spit (Peninsula) northwest along
the coastal mainland adjacent to St. Joseph Bay, to Crooked Island at
the East Pass of St. Andrews Bay. This range also included about 0.6
kilometer (km) (1 mile (mi)) of mainland sand dune habitat east of the
landward end of the St. Joseph Peninsula to Money Bayou on the Gulf of
Mexico. The absence of past collection records and lack of beach mouse
sign and trapping success in the area east of Money Bayou to the
southeastern corner of Gulf County (James 1987; J. Gore, Florida Game
and Fresh Water Fish Commission, in litt. 1994) suggest that this area
may not be part of the subspecies' historic range.
Coastal tidal marsh and upland habitat between the mainland city of
Port St. Joe and the St. Joseph Peninsula naturally divided the former
range of the St. Andrew beach mouse into two segments. Initial genetic
analysis of a small sample of mice from these segments and another
subspecies, the Choctawhatchee beach mouse (P. polionotus allophrys),
from nearby habitat found similarities between the Crooked Island and
St. Joseph Peninsula samples at one gene location (locus). The Crooked
Island sample was distinctly different from the Choctawhatchee beach
mouse sample at the same locus. Additional work is needed to determine
if these patterns are consistent at several loci (Moyers 1997).
Typical beach mouse habitat generally consists of several rows of
sand dunes paralleling the shoreline. Prevailing wind, beach sand, and
vegetation combine to form and shape coastal dunes. A common complex of
animal species, vegetation, and habitat types characterize the coastal
sand dune ecosystem. The types and amount of animals, vegetation, and
habitat may differ, however, among specific sites. The common types of
sand dune habitat include frontal dunes, primary dunes, secondary
dunes, inter and intradunal swales, and scrub dunes. Frontal dunes and
primary dunes are those closest to
[[Page 54029]]
the shoreline, most recently formed, and highly dynamic. The foreslope
of primary dunes grades into the developing frontal dunes on the open
beach. Frontal dunes on the Gulf Coast are sparsely vegetated, usually
by sea oats (Uniola paniculata), bluestem (Schizachyrium maritimum),
beach grass (Panicum amarum), and sea rocket (Cakile constricta).
Primary dunes also support stands of these species and include other
broad-leaved plants such as seaside pennywort (Hydrocotyle
bonariensis), seashore elder (Iva imbricata), and beach morning glory
(Ipomea stolonifera) (Clewell 1985). Secondary dunes consist of one or
more dune lines landward of the primary dune with a similar though
denser vegetative cover. Interdunal swales are wet or dry depressions
between primary and secondary dunes while intradunal swales occur
within primary dunes as a result of wave action, storm surges, and wind
erosion. Wet swales are those whose water table is at or near the
surface. Swale vegetation includes plants found on primary and
secondary dunes as well as salt meadow cordgrass (Spartina patens),
rushes (Juncus sp.), sedges (Cyperus sp.), and saltgrass (Distichlis
spicata). Scrub dunes are the oldest of the dune habitat types and are
dominated by woody plants including saw palmetto (Serenoa repens),
myrtle oak (Quercus myrtifolia), sand live oak (Q. geminata), sand pine
(Pinus clausa), slash pine (P. elliottii), seaside rosemary (Ceratiola
ericoides), greenbrier (Smilax sp.), and bush goldenrod (Chrysoma
pauciflosculosa). Reindeer moss (Cladonia leporina) often covers
otherwise bare dune surfaces. Some primary and secondary dune
vegetation is also present but at reduced densities (Blair 1951, Gibson
and Looney 1992). Size and density of understory and overstory
vegetation may vary.
Trap surveys at Crooked Island and on the St. Joseph Peninsula
documented the presence of St. Andrew beach mouse on frontal dunes, as
well as on primary and secondary dunes (James 1987; Gore in litt. 1990,
1994; Bates 1992, Moyers et al. 1996, Mitchell et al. 1997). These
results supported other surveys which found that the greatest
concentration of most other beach mice subspecies occurred in these
habitat types (Blair 1951, Hill 1989, Frank and Humphrey 1992, Holler
1992). This concentration is due in part to a predominance of plants
whose seeds and fruits are important seasonal constituents of beach
mouse diets (Moyers 1996).
Although beach mice occur on interdunal and intradunal swales,
studies of other beach mouse subspecies indicate that, in general, they
use this habitat type less frequently when compared to frontal,
primary, and secondary dunes (Blair 1951, Hill 1989, Gore and Schaefer
1993, Novak 1997). James (1987) only rarely observed St. Andrew beach
mouse tracks in the interdunal areas within St. Joseph Peninsula State
Park (SJPSP), located within the northern 15 km (9 mi) of the
peninsula.
Various researchers have also documented the occurrence of other
beach mouse subspecies within scrub dunes (Extine and Stout 1987, Hill
1989, Rave and Holler 1992, Gore and Schaefer 1993, Swilling et al.
1996, Moyers et al. 1996, Novak 1997). Blair (1951) believed that the
scrub dunes on Santa Rosa Island offered abundant food and cover for
the Santa Rosa beach mouse (P. p. leucocephalus). Scrub dunes may also
function as refugia during and after storms and as a source for
recolonization of storm-damaged dunes (Moyers et al. 1996, Swilling et
al. 1996). Their use by the St. Andrew beach mouse is not well
documented. James (1987) noted the absence of tracks in scrub dunes
within SJPSP, although she did collect mice in 1986 from well-vegetated
back dunes on Crooked Island (James 1992). Moyers et al. (1996)
captured beach mice within SJPSP in secondary dunes immediately
adjacent to scrub dunes.
Based on a study of other Gulf coast subspecies that included
habitat conditions following Hurricane Frederick, Meyers (1983)
reported that the minimum post-storm area needed to allow beach mice to
persist was 50 hectares (ha) (124 acres (ac)). He also determined that
a habitat size from 100 to 200 ha (247 to 494 ac) supporting a
population of 127 mice was optimal for that population to recover from
habitat impacts produced by a storm of comparable intensity. Meyer's
figures should be used with caution, however, since he did not know
pre-storm habitat conditions or population numbers within the study
area.
Beach mouse populations can at times undergo great seasonal
variations in numbers (Bowen 1968, Extine and Stout 1987). Prior to
human disturbance, hurricanes and tropical storms likely were the
dominant factors producing rapid and possible widespread impacts on
beach mice and their habitat. Because the St. Andrew beach mouse
evolved under adverse weather conditions, the subspecies developed the
capability to survive and recover from these periodic severe impacts to
its numbers and habitat. During this century, however, more rapid land
development, dune encroachment by pedestrians and vehicles, and
military activities began to contribute to these impacts (James 1992).
Bowen (1968) was unable to collect beach mice from one or more historic
sites during a 1961 field trip. Hurricane Eloise split Crooked Island
into east and west segments in 1975, and multiple attempts to collect
beach mice from the western segment during the early and mid-1980's
were unsuccessful (Gore in litt. 1987). During this same period, trap
surveys collected small numbers of beach mice on the eastern segment.
Limited trap and track surveys during the late 1980's found no evidence
of beach mice within undeveloped coastal mainland habitat between
Crooked Island and Money Bayou, as well as on the St. Joseph Peninsula
from near the southern border of SJPSP through Cape San Blas to the
northeastern end of the peninsula (Gore in litt. 1990, James 1987).
Both surveys revealed that mice still existed on Crooked Island East
and also occurred within SJPSP. Gore collected 3.6 mice per 100 trap
nights during his 1989 survey within the park. Based on her survey
results, James (1992) estimated the Crooked Island East population at
150 mice and the population within SJPSP at 500 mice. Gore speculated
that the range wide population at its lowest contained several hundred
mice.
Extensive surveying of primary, secondary, and scrub dune habitat
on Crooked Island East during the 1990's revealed that the beach mouse
population there no longer existed (Gore in litt. 1994, Holler in litt.
1994). Similar efforts at Cape San Blas on Eglin Air Force Base and
U.S. Coast Guard properties yielded no mice (Gore in litt. 1994). Bates
(1992) did capture 338 separate individuals within SJPSP at a rate of
26.64 mice per 100 trap nights. In 1993 and 1994, Gore (in litt. 1994)
again sampled habitat between SJPSP and Cape San Blas and trapped nine
beach mice for a capture rate of 7.56 mice per 100 trap nights. Based
on the survey findings to date, Gore (in litt 1994, 1995) assumed that
the St. Andrew beach mouse was then restricted to the northern 20 to 25
km (12.5 to 15.5 mi) of the St. Joseph Peninsula.
In October 1995, Hurricane Opal caused extensive coastal damage to
the Florida panhandle. Habitat impacts within the St. Joseph Peninsula
appeared more extensive outside SJPSP boundaries (Gore in litt. 1995).
Using an average density estimate of 2.5 mice per hectare, Gore (in
litt. 1995) calculated that the total population of St. Andrew beach
mice remaining after the storm was around 190 individuals. Moyers et
al. (1996) trapped a total of about 5.25 km (3 mi) of habitat
throughout SJPSP
[[Page 54030]]
in December 1995 and captured 62 individuals for a rate of 3.44 mice
per 100 trap nights. They estimated the population size within the
sampled area at 127, a figure which compared favorably to Gore's post-
hurricane estimate. Moyers (1996a) later collected an additional 11
mice on William J. Rish State Park and on some private parcels within
the St. Joseph Peninsula immediately south of SJPSP. The most recent
trap survey within SJPSP (February 1997) collected 117 mice for a
capture rate of 9.00 mice per 100 trap nights (Mitchell et al. 1997).
They estimated that SJPSP currently may support between 300 and 500
mice. The estimate represents a significant increase over the 1995
post-Hurricane Opal survey and is comparable to the last pre-Hurricane
Opal survey within the park (Bates 1992).
In addition to habitat impacts, other factors believed to
potentially threaten the continued existence of the St. Andrew beach
mouse are predation, particularly by free-ranging domestic cats (Felis
silvestris) and non-native coyotes (Canis latrans), and displacement by
house mice (Mus musculus).
Previous Federal Action
The Service included the St. Andrew beach mouse as a category 2
species in its September 18, 1985, notice of review of vertebrate
wildlife (50 FR 37958). At that time, category 2 species were defined
as those for which information in possession of the Service indicated
that proposing to list as endangered or threatened was possibly
appropriate, but for which conclusive data on biological vulnerability
and threat(s) were not currently available to support a proposed rule.
The Service published an updated, combined animal notice of review
(ANOR) on January 6, 1989, which retained the species' category 2
classification (54 FR 554). In the November 21, 1991, ANOR update, the
St. Andrew beach mouse was designated a candidate for listing (56 FR
58804). The Service retained this classification in the November 15,
1994, ANOR (59 FR 59020) and in the most recent notice of review
published on February 28, 1996 (61 FR 7596).
The processing of this proposed rule conforms with the Service's
fiscal year 1997 listing priority guidance published in the Federal
Register on December 5, 1996 (61 FR 64475). The guidance calls for
giving highest priority to handling emergency situations (Tier 1) and
second highest priority (Tier 2) to resolving the status of outstanding
proposed listings. Third priority (Tier 3) is given to resolving the
conservation status of candidate species and processing administrative
findings on petitions to add species to the lists or reclassify
threatened species to endangered status. The processing of this
proposed rule falls under Tier 3. At this time, the Southeast Region
has no pending Tier 1 actions and is near completion of its pending
Tier 2 actions. Additionally, the guidance states that ``effective
April 1, 1997, the Service will concurrently undertake all of the
activities included in Tiers 1, 2, and 3'' (61 FR 64480).
Summary of Factors Affecting the Species
Section 4 of the Endangered Species Act and regulations (50 CFR
part 424) promulgated to implement the listing provisions of the Act
set forth the procedures for adding species to the Federal lists. A
species may be determined to be an endangered or threatened species due
to one or more of the five factors described in section 4(a)(1). These
factors and their application to the St. Andrew beach mouse (Peromyscus
polionotus peninsularis) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
Using historic topographic maps and their habitat references, the
Service calculated that 66 km (41 mi) of the estimated 86 km (53.5 mi)
of linear area within the historic range of the St. Andrew beach mouse
contained sand dune habitat. From field surveys, Gore (in litt. 1994,
1995) estimated the amount of recently occupied habitat to be between
20 and 23 km (14.3 to 12.5 mi), all within the northern two-thirds of
the St. Joseph Peninsula. This represents up to a 68 percent
curtailment of historic sand dune habitat within the subspecies' former
range.
Natural events and manmade activities that have impacted the St.
Andrew beach mouse and its habitat include severe storms, land
development, military exercises on Crooked Island, dune encroachment by
vehicles and pedestrians, and non-storm related shoreline erosion.
Between 1871 and 1995, nearly 50 hurricanes or tropical storms occurred
within 90 mi of St. Joe Bay, which is about midway within the historic
range of the species. In this century, storm strength, proximity to the
historic range, and degree of habitat impact have been especially
intense during the last 30 years (Doehring et al. 1994). In 1975,
Hurricane Eloise breached Crooked Island, dividing it into two segments
and severely eroding and fragmenting dunes, particularly within the
newly-formed western segment (R. Bates, pers. comm. 1995). In 1985,
Hurricane Kate scoured dunes within the entire range of the St. Andrew
beach mouse. These storms caused extensive blowouts in the high dunes
throughout the St. Joseph Peninsula (James 1992). In 1995, Hurricane
Opal, which made landfall 85 mi west of St. Joe Bay, severely damaged
and fragmented frontal and primary sand dunes within the historic range
of the beach mouse. The most seriously impacted areas were the
unoccupied habitat from Crooked Island to Mexico Beach. Gore (in litt.
1995) estimated an average loss of 52 percent of occupied area within
the St. Joseph Peninsula, with the greatest impacts occurring south of
SJPSP. Although the population within the SJPSP has since recovered,
the Service believes that, coupled with additional land development,
consecutive years of severe weather or a single season of intense
storms over or in close proximity to currently occupied habitat may
result in extinction of the subspecies.
Land development has been primarily responsible for the permanent
loss of St. Andrew beach mouse habitat. Historic maps suggest that
earlier construction of State Road 98 and incorporated development from
the vicinity of Port St. Joe to Mexico Beach occurred within one or
more types of coastal sand dune habitat. Little or no suitable habitat
currently occurs at the seaward side of some of these incorporated
areas (J. Danford, Gulf County Division of Solid Waste, pers. comm.
1997). This density of development also tends to fragment remaining
undeveloped habitat. Meyers (1983) believed that intense development
could act as a barrier to migration, isolating mice within these
habitat segments and making them more vulnerable to local extinction
from one or more threats. Neither Gore (in litt. 1990) nor James (1987)
found evidence of beach mice within these fragmented parcels located
along the coast between Port St. Joe and Mexico Beach. The current
status of beach mice within these parcels is unknown.
Gore (in litt. 1994) ranked continued habitat loss on the St.
Joseph Peninsula as one of the most serious long-term threats to the
St. Andrew beach mouse outside of the State parks. He attributed beach
mouse presence in the area between SJPSP and Cape San Blas in 1994 to
the relatively low density of housing compared to mainland areas, and
the apparent low threat from free-ranging domestic cats, which he
believed was related to the primary use
[[Page 54031]]
of the residences as vacation homes. In addition, most structures are
set back from the frontal and primary dune lines. Since 1994,
additional construction has occurred in this area, as well as within
unoccupied habitat on the remainder of the peninsula (J. Danford, pers.
comm. 1997). The construction has proceeded despite the unavailability
of federally financed loans or flood insurance (see factor D). The
Service believes that continued construction may result in intense
development of secondary and scrub dunes, resulting in the severe
fragmentation or loss of these habitat types. These areas are known to
be important to other beach mice subspecies (see ``Background''
section). Intense impacts to these habitat types, coupled with severe
storms affecting frontal and primary dunes, may contribute to the
extinction of the St. Andrew beach mouse. Gulf County has constructed
snow fencing and planted dune vegetation to restore frontal and primary
dunes on the St. Joseph Peninsula and elsewhere damaged as a result of
Hurricane Opal (J. Danford, pers. comm. 1997).
Other human activities impact beach mouse habitat. Gore (in litt.
1994) described the sand dunes east of Cape San Blas as having little
vegetation and generally in poor quality. He attributed this situation
to a combination of storm damage exacerbated by vehicular traffic on
the beach. Although Gulf County has updated its beach driving ordinance
in an attempt to eliminate dune impacts on the St. Joseph Peninsula
(Gulf County Commission 1997), some areas continue to have problems
with dune encroachment by all-terrain vehicles (D. Wibberg, Office of
the Gulf County Board of Commissioners, pers. comm. 1997). Prior to
1985, trial exercises with military hovercraft contributed to habitat
degradation on Crooked Island (James 1992). The Department of Defense
has since discontinued this practice (R. Bates, Tyndall Air Force Base,
pers. comm. 1995) and is restoring dune habitat and funding
translocation of beach mice onto Crooked Island.
Severe natural erosion within a section of beach north of Cape San
Blas, primarily within U.S. Coast Guard property on the St. Joseph
Peninsula, has resulted in the loss of frontal, primary, and secondary
dunes (Gore in litt. 1994). Sporadic natural shoreline erosion of
frontal and primary dunes is also occurring north of this area to
SJPSP, as well as between Cape San Blas and Money Bayou. The principal
effect in the area of severe erosion has been to isolate occupied
habitat on the northern peninsula from unoccupied habitat between Cape
San Blas and Money Bayou. The additional natural erosion has resulted
in some habitat fragmentation.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
This factor is not now known to be applicable.
C. Disease or Predation
The impact of parasites and pathogens on beach mice populations and
their potential contribution to the decline of the St. Andrew beach
mouse are unknown. Significant adverse impacts from these factors might
occur when combined with or as a function of other threats. Studies and
observations by various researchers strongly suggest that predation,
especially by free-ranging domestic cats, is an important factor
contributing to the loss of mice from local habitat within or adjacent
to developed areas (Blair 1951, Humphrey and Barbour 1981, Holliman
1983, Humphrey et al. 1987). Bowen (1968) provided an anecdotal report
on the complete absence of beach mouse sign on a 3.2 km (2 mi) stretch
of beach having abundant cat tracks. Frank and Humphrey (1992) noted a
reduction of cat sign on dunes and an increase in Anastasia Island
beach mouse (P. p. phasma) numbers and mean survivorship following
removal of 15 to 20 cats from the camping area at Anastasia State
Recreation Area. Gore and Schaeffer (1993) found a significant inverse
relationship between the ratio of Santa Rosa beach mice to cat tracks
on sample transects within developed and undeveloped dune areas on
Santa Rosa Island. Their median transects in the developed areas
contained no mouse tracks and 13 cat tracks. Bates (1992) found that
predators in SJPSP did not appear to concentrate near dunes and the
infrequent house cat tracks observed occurred mainly near structures.
Although Bates failed to capture beach mice in dunes adjacent to the
camping areas, Moyers et al. (1996) did capture mice and observe tracks
in these areas. Gore (in litt. 1994) believed that the house cat
population then on private lands south of SJPSP was less of a problem
than other developed areas because the residences there served mainly
as seasonal vacation homes. He nevertheless believed further
introductions associated with additional land development could pose a
serious threat to beach mouse populations.
Other mammalian predators occurring on sand dunes within SJPSP
include fox, bobcat, raccoon, and coyote (Bates 1992). Coyotes are
relatively recent migrants to SJPSP and Crooked Island, where they have
become predators on sea turtle nests (S. Shea, Tyndall Air Force Base,
pers. comm. 1994; J. Bente, Florida Department of Environmental
Protection, pers. comm. 1995).
D. The Inadequacy of Existing Regulatory Mechanisms
The Federal Coastal Barrier Resources Act of 1982 and the Coastal
Barrier Improvement Act of 1990 (CBRA) prohibit most new Federal
expenditures and financial assistance within Coastal Barrier Resources
System (CBRS) units. CBRA also prohibits the sale of new Federal flood
insurance for new construction or substantial improvements within
otherwise protected areas. There are two CBRS units and one otherwise
protected area within the historic range of the St. Andrew beach mouse.
The Cape San Blas Unit (P30) covers all of the St. Joseph Peninsula,
while the otherwise protected area (P30P) corresponds with the
boundaries of St. Joseph Peninsula State Park. Habitat west of the city
of Mexico Beach, including Crooked Island East and West, are part of
the St. Andrew Complex Unit (P31). CBRA does not prohibit use of non-
Federal or private funds to finance or insure projects within CBRS
units or otherwise protected areas. As a result, coastal construction
may still proceed within all remaining undeveloped parcels within the
subspecies' historic range.
Eglin Air Force Base currently allows beach driving through its
Cape San Blas property and adjacent property it leases from and manages
for the U.S. Coast Guard. However, the agreement with Gulf County
prohibits vehicles and pedestrians from encroaching on or near sand
dunes. Strict enforcement of this provision has been difficult due to
the distance of Eglin's main base from the Cape San Blas unit and the
lack of onsite enforcement personnel. The distance also hampers efforts
at evaluating and taking action on potential problems associated with
free-ranging domestic cats.
State laws protect sea oats, a critical component of the dune
vegetative community, from being picked on public land but do not
prohibit this activity on private land nor their destruction during
construction activities. State-regulated Coastal Construction Control
Lines (CCCL) correspond to the limits of the coastal high hazard 100-
year storm event impact area. Construction seaward of the CCCL requires
permits whose stringent requirements generally result in protection of
beach, frontal dune, and primary dune habitats (G. Chelicki, Florida
Department of Environmental
[[Page 54032]]
Protection, pers. comm. 1997). The same protections are not afforded to
secondary and scrub dune habitats occurring landward of the CCCL. The
State has designated Crooked Island East and West as critical wildlife
areas, which would protect plants and animals from take or disturbance
by pedestrians, vehicles, and dogs, but this designation does not
address habitat protection (S. Shea in litt. 1997).
The St. Andrew beach mouse is listed as a State endangered species.
Chapter 39-27.002 of the Florida Administrative Code prohibits the
take, possession, or sale of endangered species except as authorized by
specific permit for the purpose of enhancing the survival potential of
the species. The law does not provide for the protection or
conservation of a listed species' habitat.
Bay County, Florida, restricts beach driving to permitted vendors.
State parks on the St. Joseph Peninsula do not permit beach driving
within their boundaries. Gulf County regulates beach driving on the
peninsula between Indian Pass and SJPSP by ordinance and permits. The
ordinances restrict the number of vehicle access points and prohibits
driving in, on, or over sand dunes or vegetated areas. They do not
address pedestrian encroachment. The most recent revised ordinance
creates a 7.6 meter (25 foot) dune buffer zone within a portion of the
St. Joseph Peninsula, in which beach driving and parking are prohibited
(Misty Nabers, Florida Department of Environmental Protection, pers.
comm. 1997). This revision does not apply to the section of the
peninsula between about 3.2 km (2 mi) northwest of Cape San Blas to
Money Bayou (D. Wibberg, pers. comm. 1997).
Gulf County does not have any ordinances relating to the ownership,
control, and handling of free-ranging domestic cats.
E. Other Natural or Manmade Factors Affecting its Continued Existence
In addition to severe storms, other widespread climatic conditions
that can occur within the range of the St. Andrew beach mouse include
periods of drought and freezing weather. The extent of any direct or
indirect impacts of these factors on beach mouse survival, either alone
or in combination with manmade threats, is not known.
Storms and residential and commercial development can fragment and
isolate beach mouse habitat. This isolation precludes movement and gene
flow among other habitat blocks. In smaller blocks, the lack of gene
flow may result in a loss of genetic diversity, which can reduce the
population's fitness. Increased predation pressure and competition for
available food and cover may further weaken populations through direct
mortality and reduced reproductive success. The combined threats may
result in severe decline leading to extinction of these isolated
populations (Caughley and Gunn 1996).
The ecological similarity of house mice and oldfield mice (Gentry
1966, Briese and Smith 1973) suggests that competition and aggression
may occur between these species. An inverse relationship appears to
exist between the population densities of the house mouse and inland
oldfield mice (Caldwell 1964, Caldwell and Gentry 1965, Gentry 1966).
Humphrey and Barbour (1981) documented mutually exclusive distribution
patterns of house mice and other Gulf coast beach mice, a pattern
similar to that observed by Frank and Humphrey (1992) for the Anastasia
Island beach mouse, and by Gore (in litt. 1987, 1990, 1994) and Holler
(in litt. 1994) for the St. Andrew beach mouse. The significance of
competition to the observed patterns is not clear. In general, the
observations suggest that where conditions favor one of the two
species, that species will predominate or exclude the other species.
Briese and Smith (1973) noted that house mice primarily invade
disturbed areas, such as when development occurs, and are able to
establish themselves in these and adjacent habitats occupied by low
densities of oldfield mice. They also noted that house mice seem to be
less affected by predation from house cats than oldfield mice.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this species in determining to propose this
rule. Based on this evaluation, the preferred action is to list the St.
Andrew beach mouse (Peromyscus polionotus peninsularis) as endangered.
The primary threats to the continued existence of the species are
habitat impacts from periodic severe weather and land development,
which result in direct loss of mice and the capability of remaining
mice to recover from such impacts. Other potentially significant
threats include predation by free-ranging domestic cats and possible
competitive displacement by the house mouse. The Service considers the
threat of extinction of high magnitude and imminent because of the more
than two-thirds estimated range curtailment, the species' restriction
to a single land unit, and the recent high frequency of severe storms
occurring within or in close proximity to the species' historic range.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (i) The
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection; and (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. ``Conservation'' means the use of all methods and
procedures needed to bring the species to the point at which listing
under the Act is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
the species is determined to be threatened or endangered. The Service
finds that designation of critical habitat is not prudent for the St.
Andrew beach mouse at this time. Service regulations (50 CFR
424.12(a)(1)) state that designation of critical habitat is not prudent
when one or both of the following situations exist--(1) The species is
threatened by taking or other human activity, and identification of
critical habitat can be expected to increase the degree of threat to
the species, or (2) such designation of critical habitat would not be
beneficial to the species.
Designated critical habitat is protected by the Act only under
section 7(a)(2), which provides that activities that are federally
funded, permitted, or carried out may not destroy or adversely modify
critical habitat. However, section 7(a)(2), which also prohibits
Federal activities likely to jeopardize listed species, provides
substantial protection to the habitat of listed species, even if
critical habitat is not designated. Section 7(a)(4) requires Federal
agencies to confer informally with the Service on any action that is
likely to jeopardize the continued existence of a proposed species or
result in the destruction or adverse modification of proposed critical
habitat. For most species, including the St. Andrew beach mouse, the
protection afforded the species' habitat through application of the no
jeopardy standard is so strong, the Service believes there would be no
direct net conservation benefit from designating critical habitat.
Regulations (50 CFR part 402.02) define ``jeopardize the continued
[[Page 54033]]
existence of'' as meaning to engage in an action that would reasonably
be expected, directly or indirectly, to reduce appreciably the
likelihood of both the survival and recovery of a listed species in the
wild by reducing the reproduction, numbers, or distribution of that
species. ``Destruction or adverse modification'' is defined as a direct
or indirect alteration that appreciably diminishes the value of
critical habitat for both the survival and recovery of a listed
species. The St. Andrew beach mouse is restricted to coastal sand dunes
that consist of several rows paralleling the shoreline. The common
types of sand dune habitat include frontal dunes, primary dunes,
secondary dunes, inter and intradunal swales, and scrub dunes. Beach
mice occur mostly in frontal, primary, and secondary dunes due in part
to the predominance of plants whose seeds and fruits are important
seasonal constituents of beach mouse diets. Further, scrub dunes may
function as refugia during and after storms and as a source for
recolonization of storm-damaged dunes. Because of the highly precarious
status of the St. Andrew beach mouse, destruction or adverse
modification of any of these habitat features to the point of
appreciably diminishing habitat value for recovery and survival would
also jeopardize the species' continued existence by reducing its
reproduction, numbers, or distribution.
For the St. Andrew beach mouse, the Service, therefore, has
determined that designation of critical habitat would not add any
protection over that afforded by the jeopardy standard. Any appreciable
diminishment of habitat sufficient to appreciably reduce the value of
the habitat for survival and recovery would also appreciably reduce the
likelihood of survival and recovery by reducing reproduction, numbers,
or distribution. The Service has found this to be the case for several
listed species, for which an appreciable reduction in habitat value
would trigger the jeopardy standard, for example the Appalachian elktoe
mussel, listed as endangered on November 23, 1994 (59 FR 60324), and
three Texas aquatic invertebrates, listed as endangered on June 5, 1995
(60 FR 29537).
Within unoccupied lands under Federal management, both Eglin and
Tyndall Air Force bases are actively involved in conservation of sand
dune habitat. Eglin Air Force Base does not allow dune encroachment by
vehicles and pedestrians within its Cape San Blas unit boundaries and
closely reviews mission-related activities for potential habitat
impacts (R. McWhite, Eglin Air Force Base, pers. comm. 1997). Eglin
recently completed an ecological survey of Cape San Blas that will
assist them in deciding how best to manage the natural resources within
the unit. On Crooked Island, Tyndall Air Force Base restricts beach
access on both east and west segments to pedestrians and authorized
vehicles, and also prohibits dune encroachment. Natural resource
personnel review all requests for military operations to minimize or
eliminate potential habitat disturbances. Because of these current
conditions, the Service believes that a designation of Crooked Island
or Cape San Blas as critical habitat is not prudent because it would
not result in any additional benefit to the species.
Based on the above discussion, the Service has determined that the
lack of additional conservation benefit from critical habitat
designation for this species makes such designation not prudent.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibition
against certain practices. Recognition through listing results in
public awareness and conservation actions by Federal, State, and local
agencies, private organizations, and individuals. The Act provides for
possible land acquisition and cooperation with the States and requires
that recovery actions be carried out for all listed species. The
protection required of Federal agencies and the prohibitions against
taking and harm are discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in the
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) requires Federal
agencies to ensure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of the species or
destroy or adversely modify its critical habitat. If a Federal action
may affect a listed species or its critical habitat, the responsible
Federal agency must enter into formal consultation with the Service.
Federal agency actions that are expected to require conference and/
or consultation as described in the preceding paragraph include
mission-related activities authorized or carried out by Tyndall Air
Force Base on Crooked Island and by Eglin Air Force Base at the Cape
San Blas unit, following any translocation of beach mice to these
locations. The Service's experience with other beach mice indicates
that, with planning, beach mouse conservation and military activities
are compatible.
The Federal Emergency Management Agency (FEMA) provides flood
insurance for completed structures through the National Flood Insurance
Program. Section 7 of the Act normally would require FEMA to consider
conference or consultation with the Service where the agency provides
flood insurance to private landowners with structures located in
occupied habitat. In this case, private property occupied by the beach
mouse within the St. Joseph Peninsula is also located within a CBRS
unit and subject to the CBRA prohibitions against the acquisition of
new federally-funded coastal flood insurance for new construction or
substantial improvements (see factor D under ``Summary of Factors
Affecting the Species''). The Service, therefore, believes the proposed
listing will have no additional impact on the application of FEMA's
flood insurance program.
U.S. Army Corps of Engineers involvement in the section 7
consultation process may result from the issuance of permits for the
filling of wet interdunal swales subject to section 404 of the Clean
Water Act (33 U.S.C. 1344 et seq.). Conference or consultation will be
required should the Corps determine that such permit issuance may
affect the St. Andrew beach mouse.
The Service may undertake internal consultations when carrying out
recovery activities such as dune restoration and construction of
pedestrian crossovers or when reviewing incidental take permit
applications under section 10(a)(1)(B) of the Act.
The National Oceanic and Atmospheric Administration administers the
Coastal Energy Impact Program (CEIP). CEIP is a Federal assistance
program providing grant and loan assistance for use in planning
studies, public works construction, land acquisition, and environmental
loss mitigation projects, all associated with energy-related facility
siting. Such a siting, however unlikely, within
[[Page 54034]]
occupied or potentially occupied habitat might result in some
modification that minimizes or avoids impacts to the species. The great
majority of section 7 consultations traditionally result either in no
project changes or modifications rather than curtailment of the
affected Federal activity.
Actions taken and in progress for the St. Andrew beach mouse
include updated status surveys within a portion of the historic range,
a population genetics analysis, and population viability modeling.
Future actions include a translocation of some mice from the St. Joseph
Peninsula to Crooked Island East through the cooperation and support of
Tyndall Air Force Base. The Service plans to continue pursuing
conservation actions it believes will be effective in measurably
reducing the threats to the species' continued existence.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
wildlife. The prohibitions, codified at 50 CFR 17.21, in part, make it
illegal for any person subject to the jurisdiction of the United States
to take (includes harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect; or to attempt any of these), import or export,
ship in interstate commerce in the course of commercial activity, or
sell or offer for sale in interstate or any foreign commerce any listed
species. It is also illegal to possess, sell, deliver, carry,
transport, or ship any such wildlife that has been taken illegally.
Certain exceptions apply to agents of the Service and State
conservation agencies.
Should this rule be finalized, the prohibitions of section 9 will
not apply to St. Andrew Beach mice which were held in captivity or a
controlled environment on the date of the final rulemaking, provided
that such holding and any subsequent holding of such mice was not in
the course of a commercial activity.
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife under certain circumstances. Regulations
governing permits are codified at 50 CFR 17.22 and 17.23. Such permits
are available for scientific purposes, to enhance the propagation or
survival of the species, and/or for incidental take in the course of
otherwise lawful activities.
It is the policy of the Service, published in the Federal Register
on July 1, 1994 (59 FR 34272), to identify to the maximum extent
practicable at the time a species is listed, those activities that
would or would not constitute a violation of section 9 of the Act. The
intent of this policy is to increase public awareness of the effect of
this listing on proposed and ongoing activities within the species'
range. The Service believes that, based on the best available
information, the following actions will not result in a violation of
section 9:
(1) Beneficial activities whose implementation does not result in
take of beach mice. Such activities include, but are not limited to,
boardwalk construction on or over dunes, use of snow fencing and
planting of local, native dune vegetation to accelerate dune
restoration, and dune reconstruction using beach quality sand.
(2) Normal residential activities on unoccupied habitat that would
not result in take of beach mice, such as, landscape maintenance,
private development and dune access by vehicles and pedestrians.
(3) Activities authorized, funded, or carried out by a Federal
agency when the action is conducted in accordance with section 7 of the
Act.
Potential activities involving the St. Andrew beach mouse that the
Service believes will likely be considered a violation of section 9
include, but are not limited to, the following:
(1) Take of St. Andrew beach mouse without a permit.
(2) Possession, sale, delivery, carrying, transportation, or
shipping of illegally taken St. Andrew beach mice.
(3) Destruction or alteration of occupied habitat that results in
the death of or injury to the St. Andrew beach mouse through the
significant impairment of essential behaviors including breeding,
feeding, or sheltering.
Questions regarding whether specific activities will constitute a
violation of section 9 or to obtain approved guidelines for actions
within beach mouse habitat, contact the Field Supervisor of the
Service's Panama City Field Office, 1612 June Avenue, Panama City,
Florida 32405-3721 (telephone 850/769-0552). Requests for copies of the
regulations concerning listed animals and inquiries regarding
prohibitions and permits may be addressed to the U.S. Fish and Wildlife
Service, Ecological Services, Permit Coordinator, 1875 Century
Boulevard, Suite 200, Atlanta, Georgia 30345 (telephone 404/679-7110;
facsimile 404/679-7081).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to this species;
(2) The location of any additional populations of this species and
the reasons why any habitat should or should not be determined to be
critical habitat pursuant to section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of this species; and
(4) Current or planned activities in the subject area and their
possible impacts on this species.
Final promulgation of the regulations on this species will take
into consideration the comments and any additional information received
by the Service, and such communications may lead to a final regulation
that differs from this proposal.
The Act provides for one or more public hearings on this proposal,
if requested. Requests must be received within 45 days of the date of
publication of the proposal in the Federal Register. Such requests must
be made in writing and be addressed to the Jacksonville Field Office
(see ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Act. A notice outlining the Service's reasons for this
determination was published in the Federal Register on October 25, 1983
(48 FR 49244).
Required Determinations
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements.
References Cited
A complete list of all references cited herein, as well as others,
is available upon request from the Jacksonville Field Office (see
ADDRESSES section).
Author: The primary author of this document is John Milio (see
ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
[[Page 54035]]
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. Section 17.11(h) is amended by adding the following, in
alphabetical order under MAMMALS, to the List of Endangered and
Threatened Wildlife to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Mouse, St. Andrew beach.......... Peromyscus U.S.A.(FL)......... Entire............. E ........... NA NA
polionotus
peninsularis.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: October 2, 1997.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 97-27549 Filed 10-16-97; 8:45 am]
BILLING CODE 4310-55-P
