[Federal Register Volume 64, Number 222 (Thursday, November 18, 1999)]
[Proposed Rules]
[Pages 63004-63005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30114]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-Day Finding for
a Petition To Revise Critical Habitat for Alabama Beach Mouse, Perdido
Key Beach Mouse, and Choctawhatchee Beach Mouse
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.
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SUMMARY: We, the Fish and Wildlife Service, announce a 90-day finding
on a petition to revise critical habitat for the Alabama beach mouse
(Peromyscus polionotus ammobates), Perdido Key beach mouse (P. p.
trissyllepsis), and Choctawhatchee beach mouse (P. p. allophrys), under
the Endangered Species Act of 1973, as amended (Act). After review of
all available scientific and commercial information, we find that the
petition presents substantial information indicating that revising
critical habitat for these three species may be warranted.
DATES: The finding announced in this notice was made on October 14,
1999. Send your comments and materials to reach us on or before January
18, 2000. We may not consider comments received after the above date in
making our decision for the 12-month finding.
ADDRESSES: Send information, comments, or questions to the Field
Supervisor, U.S. Fish and Wildlife Service, 1612 June Avenue, Panama
City, Florida 32405, or Field Supervisor, P.O. Box 1190, 1208-B main
Street, Daphne, Alabama 36526. The petition, findings, supporting data,
and comments are available for public inspection, by appointment,
during normal business hours at the above Panama City, Florida,
address.
FOR FURTHER INFORMATION CONTACT: Ms. Gail A. Carmody, Field Supervisor,
at the above Panama City, Florida, address or telephone 850/769-0552 or
Mr. Larry Goldman, Field Supervisor, at the above Daphne, Alabama,
address or telephone 334/441-5181.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(D)(i) of the Act and our listing regulations (50
CFR 424.14 (c)(1)), require that we make a finding on whether a
petition to revise critical habitat of a species presents substantial
scientific or commercial information to demonstrate that the petitioned
action may be warranted. We are to base this finding on all information
available to us at the time the finding is made. To the maximum extent
practicable, we are to make this finding within 90 days of the date we
received the petition, and we are to publish the finding promptly in
the Federal Register. Our regulations (50 CFR 424.14 (c)(2)(i)) further
require that, in making a finding on a petition to add critical
habitat, we consider whether the petition contains information
indicating that areas petitioned to be added to critical habitat
contain physical and biological features essential to, and that may
require special management to provide for, the conservation of the
species involved.
On May 8, 1998, we published Listing Priority Guidance for Fiscal
Years 1998 and 1999 (63 FR 25502). The guidance clarifies the order in
which we will process rulemakings giving highest priority (Tier 1) to
processing emergency rules to add species to the Lists of Endangered
and Threatened Wildlife and Plants (Lists); second priority (Tier 2) to
processing final determinations on proposals to add species to the
Lists, processing new proposals to add species to the Lists, processing
administrative findings on petitions (to add species to the Lists,
delist species, or reclassify listed species), and processing a limited
[[Page 63005]]
number of proposed or final rules to delist or reclassify species; and
third priority (Tier 3) to processing proposed or final rules
designating critical habitat. Processing of this petition is a Tier 2
action.
On February 2, 1999, the Sierra Club and Biodiversity Legal
Foundation submitted a petition to us to revise the critical habitat
designation for three endangered species: Alabama beach mouse, Perdido
Key beach mouse, and the Choctawhatchee beach mouse. We received the
petition on February 8, 1999. On February 11, 1999, we sent a letter to
Mr. Eric Huber, Earthjustice Legal Defense Fund, Inc., acknowledging
receipt of the petition. Mr. Huber submitted additional information on
April 16, 1999. We sent a letter to Mr. Huber acknowledging receipt of
this information on May 12, 1999.
The petition requested that critical habitat be revised for the
three beach mouse subspecies mentioned above. The petitioner asserted
that the current designated critical habitat is now inadequate and that
coastal development has previously destroyed and continues to destroy
part of the habitat. The petitioner asserted that designation of the
secondary and scrub dunes as critical habitat is supported by
substantial scientific evidence. He further stated that this scientific
information, gathered since the listing of the three subspecies of
beach mice, indicated that currently designated critical habitat
encompassing the primary dunes should also include the secondary and
scrub dunes. The petitioner also asserted that the current designation
of critical habitat does not provide for conservation of the three
subspecies in accordance with the statutory requirements of the Act. As
part of conservation of the subspecies, secondary and scrub dunes are
essential as refugia during and after storms. In addition, the
petitioner stated that scientific evidence has shown that secondary and
scrub dunes are now known to provide biological and physical
constituent elements as defined under critical habitat for the beach
mouse subspecies. These secondary and scrub habitats, therefore,
require special management consideration and protection. The petitioner
provided further information concerning current threats to these
habitats from residential development. The petitioner did not provide
specific locations for areas to be included in the critical habitat but
referred to subspecies range wide habitats that are secondary or scrub
dunes that could be on private or public lands.
On November 5, 1991, we received a petition from the Alabama
Conservancy to revise critical habitat for the Perdido Key beach mouse
through an emergency rule. The area to be added included lands north of
Highway 182 at the northwestern end of Perdido Key, Baldwin County,
Alabama. The petitioner maintained that this action was necessary to
prevent the permanent loss of crucial habitat for the species. The area
included both public and private lands. The petitioner asserted that
private development would cause the loss of important habitat for the
Perdido Key beach mouse and cited a biological opinion, prepared by us
in accordance with section 7 of the Act, as evidence for this
assertion. We made a 90-day finding that the petition presented
substantial information, indicating that revision of critical habitat
for the Perdido Key beach mouse may be warranted. We published a notice
announcing our finding in the Federal Register on November 24, 1992 (57
FR 5521). We also found that the request to revise the critical habitat
designation through an emergency rule was unjustified. We subsequently
made a 12-month finding on the petition and described how we were to
proceed with the critical habitat revision for the Perdido Key beach
mouse. We published a notice announcing our finding in the Federal
Register on June 18, 1993 (58 FR 33606). We determined that the
petitioned action was warranted but would be delayed until other higher
priority actions to amend the Lists of Threatened and Endangered
Wildlife and Plants had been completed.
Since the listing of the three gulf coast beach mouse subspecies,
we have been funding, seeking, and soliciting information regarding
their status, life history, and ecology. We also participated in and
funded conservation efforts including habitat protection and recovery,
reintroductions, and predator control. These efforts have expanded and
refined our knowledge about critical habitat for the three beach mouse
subspecies. We have issued 15 section 10(a)(1)(B) incidental take
permits (13 for the Alabama beach mouse, 1 for the Perdido Key beach
mouse, and 1 for the Choctawhatchee beach mouse). Mitigation and
monitoring required for these permits also contributed to our database
regarding critical habitat.
We have reviewed the petition, the information provided in the
petition, other literature, and information available in our files.
Based on the best scientific and commercial information available, we
find the petition presents substantial information that revision of
critical habitat for the Alabama beach mouse may be warranted. We also
find that if additional secondary and scrub dunes may also be required
for Alabama beach mouse critical habitat, then these habitats may be
required for the Perdido Key beach mouse and the Choctawhatchee beach
mouse since they are ecologically equivalent subspecies. The petition
supports much of the information already present in our files.
Available information and data indicate that secondary and scrub dune
habitat may be essential to the survival and recovery of all three
subspecies. Therefore, we find that there is substantial information to
indicate that the petitioned action may be warranted.
We solicit information, including additional comments and
suggestions from the public, other concerned governmental agencies, the
scientific community, industry, or other interested parties, concerning
revision of the critical habitat for the Alabama beach mouse, Perdido
Key beach mouse, and the Choctawhatchee beach mouse.
After consideration of additional information, submitted during the
indicated time period (see DATES section), we will prepare a 12-month
finding.
Author:
The primary author of this document is Lorna Patrick, Panama City
Field Office (see ADDRESSES section).
Authority: The authority for this action is the Endangered
Species Act (16 U.S.C. 1531 et seq.).
Dated: October 14, 1999.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 99-30114 Filed 11-17-99; 8:45 am]
BILLING CODE 4310-55-P
