[Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2463]
[[Page Unknown]]
[Federal Register: February 3, 1994]
_______________________________________________________________________
Part VI
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Emergency Rule and
Proposed Rule to List the Pacific Pocket Mouse
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC39
Endangered and Threatened Wildlife and Plants; Emergency Rule to
List the Pacific Pocket Mouse as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Emergency rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) exercises its
emergency authority to determine the Pacific pocket mouse (Perognathus
longimembris pacificus) to be an endangered species pursuant to the
Endangered Species Act of 1973, as amended (Act). Prior to 1993, this
species had not been observed in over 20 years. The Pacific pocket
mouse was rediscovered on the Dana Point Headlands, Orange County,
California, during July 1993. No more than 39 individuals are known to
exist despite relatively intensive, recent surveys in all of the
remaining, undisturbed locales where the species historically occurred.
The only known existing Pacific pocket mouse population is
imminently threatened by a land development project and depredation by
feral and/or domestic cats. Because of the need to make Federal
funding, protection, and other measures immediately available to
protect this species and its habitat, the Service finds that an
emergency rule action is justified. This emergency rule provides
Federal protection pursuant to the Act for this species for a period of
240 days. A proposed rule to list the Pacific pocket mouse as
endangered is published concurrently with this emergency rule in this
same Federal Register separate part.
DATES: This emergency rule is effective on January 31, 1994, and
expires on September 28, 1994.
ADDRESSES: The complete file for this rule is available for inspection
by appointment during normal business hours at the Carlsbad Field
Office, U.S. Fish and Wildlife Service, 2730 Loker Avenue West,
Carlsbad, California 92008.
FOR FURTHER INFORMATION CONTACT: Gail Kobetich, Field Supervisor,
Carlsbad Field Office, at the above address (telephone 619 431-9440;
facsimile 619 431-9624).
SUPPLEMENTARY INFORMATION:
Background
The Pacific pocket mouse (Perognathus longimembris pacificus) is 1
of 19 recognized subspecies of the little pocket mouse (Perognathus
longimembris) (Hall 1981), a species that is widely distributed
throughout arid regions of the western United States and northwestern
Mexico. It is the smallest member of the family Heteromyidae, which
consists of spiny pocket mice (Heteromys and Liomys), pocket mice
(Perognathus and Chaetodipus), kangaroo rats (Dipodomys), and kangaroo
mice (Microdipodops). Virtually all members of this family are
nocturnal, granivorous, and have external, deep, fur-lined cheek
pouches (Ingles 1965; P. Brylski, consulting mammalogist, pers. comm.,
1993).
The little pocket mouse is about 110 to 148 millimeters (mm) (4.3
to 6 inches (in)) long from nose to tip of tail. Its body pelage is
spineless, bristle-free, and predominately brown, pinkish buff, or
ochraceous buff above and light brown, pale tawny, buff, or whitish
below. Two small patches of lighter hairs typically exist at the base
of the ear. The tail can be either distinctly or indistinctly
bicolored. The soles of the hind feet are hairy (Hall 1981).
The Pacific pocket mouse is the smallest subspecies of the little
pocket mouse, ranging from about 110 to 126 mm (4.3 to 4.9 in) long
from nose to tip of tail. The tail, hind foot, and skull lengths and
the size of skull structures are also the smallest of all little pocket
mouse subspecies.
The Los Angeles pocket mouse (Perognathus longimembris brevinasus),
which occurs mostly northeast of and more interior than the Pacific
pocket mouse, is the only other subspecies of little pocket mouse in
cismontane southern California, is 125 to 145 mm (4.9 to 5.7 in) in
total length, and has a longer tail, hind foot, and skull than the
Pacific pocket mouse. The nasal bones in the skull of the Los Angeles
pocket mouse are also considerably larger than those of the Pacific
pocket mouse (Huey 1939).
The Pacific pocket mouse was originally described by Mearns (1898)
as a distinct species, Perognathus pacificus, based on the type
specimen from San Diego County, California. von Bloeker (1931a,b) later
recognized the Pacific pocket mouse as a distinct species, but
subsequently concluded that the morphology of P. pacificus was not
sufficiently distinct from P. longimembris to maintain the Pacific
pocket mouse as a distinct species. von Bloeker reduced P. pacificus to
P. longimembris pacificus. von Bloeker also described a second coastal
subspecies, P. longimembris cantwelli, from El Segundo in Los Angeles
County, California (von Bloeker 1932). After an analysis of 331
specimens of the little pocket mouse, Huey (1939) recognized P. l.
pacificus to include the two subspecies described by von Bloeker
(1932).
Although a taxonomic review of P. longimembris may be appropriate,
Williams (in litt., 1993) indicated that ``the Pacific pocket mouse is
distinct.''
The Pacific pocket mouse occurs within about 3 kilometers (km) (2
miles (mi)) of the immediate coast of southern California from Marina
del Rey and El Segundo in Los Angeles County south to the vicinity of
the Mexican border in San Diego County (Hall 1981, Williams 1986,
Erickson 1993) and below 180 meters (m) (600 feet (ft)) in elevation
(Erickson 1993). Although the range map in Hall (1981) suggests that
the range of the Pacific pocket mouse may extend into northwestern Baja
California, Mexico, this subspecies has never been recorded outside of
California (Erickson 1993).
The Pacific pocket mouse occurs on fine-grain, sandy substrates in
the immediate vicinity of the Pacific Ocean (Mearns 1898, von Bloeker
1931a, Grinnell 1933, Bailey 1939). The Pacific pocket mouse inhabits
coastal strand, coastal dunes, river alluvium, and coastal sage scrub
growing on marine terraces (Grinnell 1933, Meserve 1972, Erickson
1993). Brylski (1993) detected the only known extant population on the
Dana Point Headlands on loose sand substrates in a coastal sage scrub
community dominated by California buckwheat (Eriogonum fasiculatum) and
California sage (Artemisia californica).
The Pacific pocket mouse is likely facultatively or partially
fossorial, relatively sedentary, and able to become torpid, estivate,
or hibernate in response to adverse environmental conditions (Ingles
1965, Vaughan 1978, Zeiner et al. 1990).
While active above ground, little pocket mice have ranged up to 320
m (1,000 ft) from their burrows in a 24-hour period (Burt and
Grossenheider 1976). Little pocket mouse home ranges vary in size from
0.12 to 0.56 hectares (0.30 to 1.4 acres), and populations range in
density from 1 to 5.5 individuals per hectare (0.4 to 2.2 individuals
per acre) (Chew and Butterworth 1964).
Pacific pocket mice primarily eat the seeds of grasses and forbs,
but occasionally eat leafy material and soil-dwelling insects (von
Bloeker 1931a; Meserve 1976a; Jameson and Peeters 1988; P. Brylski,
pers. comm., 1993).
The little pocket mouse has a high metabolic rate (Bartholomew and
Cade 1957), continually needs food supplies while active, and loses
heat rapidly. It has limited capacity to store food. Little pocket mice
may stay in their burrows continuously for up to 5 months in winter,
alternating between periods of dormancy and feeding on stored seeds or
hibernation in winter under adverse conditions (Bartholomew and Cade
1957, Ingles 1965, Kenagy 1973, Whitaker 1980).
Little pocket mice live up to 7.5 years in captivity and 3 to 5
years in the wild (Burt and Grossenheider 1976, Whitaker 1980).
Pregnant and lactating females have been found from April through June,
and immatures have been reported from June through September (Erickson
1993). Burt and Grossenheider (1976) previously reported that the
little pocket mouse produces one or two litters (ranging in size from
three to seven young) in a year.
The Pacific pocket mouse is historically known from eight
populations. Approximately 80 percent of all Pacific pocket mouse
records are from 1931 or 1932 (Erickson 1993). The following summarizes
the historical distribution of the Pacific pocket mouse by county:
Los Angeles County. The Pacific pocket mouse historically was
detected in three areas: Marina del Rey/El Segundo, Wilmington, and
Clifton. No records of the Pacific pocket mouse exist in Los Angeles
County since 1938 (P. Brylski, in litt., 1993; D. Erickson, consulting
biologist, in litt., 1993; Erickson 1993).
Orange County. The Pacific pocket mouse has been found at two
locales in Orange County: Dana Point and the San Joaquin Hills. The
species was found on ``Spyglass Hill'' in the San Joaquin Hills from
1968 to 1971 (Erickson 1993). G.G. Cantwell previously collected 10
specimens at the Dana Point Headlands in 1932.
San Diego County. The Pacific pocket mouse has been detected at
three general locales in San Diego County: the San Onofre area, Santa
Margarita River Estuary, and the lower Tijuana River Valley. Another
report of a single Pacific pocket mouse in suitable habitat from Lux
Canyon, Encinitas, in June 1989 is now considered probable by the
observer (Erickson 1993).
The only known extant population of the Pacific pocket mouse was
rediscovered in July 1993 on the Dana Point Headlands in Orange County,
California. Between 25 to 39 individual Pacific pocket mice were
detected during trapping surveys conducted into August 1993 (Brylski
1993). This was the first time the Pacific pocket mouse had been
collected at this site since 1971 (Erickson 1993). Numerous small-
mammal survey and trapping efforts within its historical range (D.
Erickson, in litt., 1993; Erickson 1993) have failed to locate any
additional populations. The remaining site is imminently threatened by
a development that is expected to receive final approval in the very
near future.
Previous Federal Action
The Pacific pocket mouse was designated by the Service as a
category 2 candidate species for Federal listing as endangered or
threatened in 1985 (50 FR 37966). It was retained in this category in
subsequent notices of review published by the Service in the Federal
Register in 1989 and 1991 (54 FR 554 and 56 FR 58804, respectively).
Category 2 comprises taxa for which information now in the possession
of the Service indicates that proposing to list as endangered or
threatened is possibly appropriate, but for which conclusive data on
biological vulnerability and threat are not currently available to
support proposed rules. The Service made the determination to list this
species on the basis of new information received in 1993 that resulted
in the elevation of the Pacific pocket mouse to category 1 status.
Category 1 comprises taxa for which the Service has on file sufficient
information to support proposals for endangered or threatened status.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that the Pacific pocket mouse
should be classified as an endangered species. Procedures found at
section 4 of the Act and regulations (50 CFR part 424) promulgated to
implement the listing provisions of the Act were followed. 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 Pacific pocket mouse (Perognathus
longimembris pacificus) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Although originally known from
eight locales, the Pacific pocket mouse now occurs in one site on the
Dana Point Headlands of Dana Point in Orange County. Although the Dana
Point Headlands have remained relatively unchanged since the Pacific
pocket mouse was first detected at this locale, a land development
project has been approved by the Planning Commission, with final
approval anticipated in early 1994. This proposed residential and hotel
complex project would result in the removal of 3.65 acres of the 3.75
acres of habitat that Brylski (1993) identified as being occupied by
Pacific pocket mice (EDAW 1993b). Grading that would destroy the only
known Pacific pocket mouse population may proceed upon final approval
of the proposed project. This site is also threatened by fuel
modification for fire protection.
In Los Angeles County, two of the three historic locales for the
Pacific pocket mouse (Clifton and Wilmington) have been developed, and
the third (Marina del Rey/El Segundo) has been substantially altered
since the species was last detected there. Recent surveys have been
unsuccessful in relocating the species in the vicinity of Marina del
Rey or El Segundo. The Hyperion area, which formerly contained
relatively large expanses of coastal strand and wetland habitats, has
been extensively developed.
In Orange County, the development of the Spyglass Hill area began
in 1972. This development resulted in the destruction of the formerly
occupied habitat at that site.
Although portions of the San Onofre area and the Santa Margarita
River mouth in San Diego County remain relatively undisturbed, recent
survey and small mammal trapping efforts at these locations failed to
detect the presence of the Pacific pocket mouse (P. Brylski, pers.
comm., 1993; R. Erickson, in litt., 1993; Erickson 1993; R. Zembal,
U.S. Fish and Wildlife Service, pers. comm., 1993). During the 1930s,
Camp Pendleton Marine Corps Base did not exist and the city of
Oceanside was immediately adjacent to the Santa Margarita River
estuary. Much of the southern half of the Santa Margarita River estuary
was destroyed in the early 1940s during the establishment of Camp
Pendleton Marine Corps Base and the related construction of a boat
basin and harbor facilities. In addition, the Oceanside area has been
extensively developed since the Pacific pocket mouse was last recorded
there in 1931, and little, if any, suitable habitat remains at that
location.
Although the lower Tijuana River Valley evidently supported a
relatively large population of the Pacific pocket mouse in the early
1930s, this area has been substantially altered and currently provides
little, if any, suitable habitat. Recent trapping efforts have failed
to detect the Pacific pocket mouse at this location (Taylor and Tiszler
1991; R.T. Miller, pers. comm. to Erickson, 1993).
Another potential site for the Pacific pocket mouse is Lux Canyon
in Encinitas, San Diego County, where an unverified sighting occurred
in 1989. However, the majority of Lux Canyon has already been converted
to urban development and agriculture. The remaining habitat in Lux
Canyon is highly fragmented and subject to additional urban development
(F. Roberts, U.S. Fish and Wildlife Service, pers. comm., 1993).
Opportunities to find additional populations of the Pacific pocket
mouse are limited. Less than 400 hectares (1,000 acres) of about 28,000
hectares (70,000 acres) (1 percent) encompassing the range of the
Pacific pocket mouse in Los Angeles County are undeveloped (U.S. Fish
and Wildlife Service, unpublished data, 1993). About 17,600 hectares
(44,000 acres) of approximately 21,600 hectares (54,000 acres) (81
percent) encompassing the range of the Pacific pocket mouse in Orange
County has been converted to urban uses (U.S. Fish and Wildlife
Service, unpublished data, 1993). Land use patterns in coastal San
Diego County are similar. Oberbauer and Vanderwier (1991) reported that
72 percent of coastal sage scrub, 94 percent of native grasslands, 88
percent of coastal mixed chaparral, 88 percent of coastal salt marsh,
100 percent of coastal strand, and 92 percent of maritime sage scrub
habitats in San Diego County had been converted to urban and
agricultural uses by 1988.
An additional 16 hectares (41 acres) of suitable habitat for the
Pacific pocket mouse occurs on the Dana Point Headlands. However, 13
hectares (32 acres) of this habitat would be eliminated by the same
project that threatens the only known occupied habitat (EDAW 1993b).
Additional potential habitat occurs on Pelican Hill in the San Joaquin
Hills and along the coastal bluffs in Crystal Cove State Park. Over 50
percent of the Pelican Hill site was graded in March 1993 with the
remainder approved for development (F. Roberts, pers. comm., 1993).
Within the remaining undeveloped range of the Pacific pocket mouse,
areas that contain suitable habitat for the species represent less than
10 percent of the remaining habitat. This is exemplified by the
situation in Orange County, where identified suitable habitat for the
Pacific pocket mouse is restricted to less than 60 hectares (150 acres)
(F. Roberts, pers. comm., 1993).
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Not known to be applicable.
C. Disease or predation. Disease is not known to be a factor
affecting this species at this time.
The proliferation of non-native populations of the red fox (Vulpes
vulpes) in coastal southern California is well documented (Lewis et al.
1993). Erickson (1993) has speculated that the red fox ``may have
hastened the demise of the Pacific pocket mouse in the El Segundo
area,'' where the species apparently was well-represented historically.
Feral and domestic cats are known to be predators of native rodents
(Hubbs 1951, George 1974). Pearson (1964) concluded that the removal of
4,200 mice from a 14 hectare (35 acre) test plot was accomplished
largely by 6 cats over an 8-month period. Feral and/or domestic cats
are threatening the only known population of the Pacific pocket mouse.
A resident living immediately adjacent to the only known population has
reported that domestic cats had recently and repeatedly brought home a
number of ``tiny gray mice'' (P. Brylski, in litt., 1993). Of all
rodent captures at Dana Point Headlands reported by Brylski (1993), 81
percent were Pacific pocket mice.
D. The inadequacy of existing regulatory mechanisms. Existing
regulatory mechanisms that may provide some protection for the Pacific
pocket mouse include: (1) The Federal Endangered Species Act (Act) in
those cases where the pocket mouse occurs in habitat occupied by a
listed species; (2) the California Natural Community Conservation
Planning Program; (3) the California Environmental Quality Act; (4)
land acquisition and management by Federal, State, or local agencies or
by private groups and organizations; and (5) local laws and
regulations.
The Pacific pocket mouse is currently classified as a candidate for
Federal listing under the Act and as a Species of Special Concern ``Of
Highest Priority'' by the California Department of Fish and Game
(Department). However, Federal candidate species and Department Species
of Special Concern have no local status and are afforded no protection
under the Federal or California Endangered Species Acts.
The only known population of the Pacific pocket mouse is found in
conjunction with a population of coastal California gnatcatchers on the
Dana Point Headlands (Brylski 1993; EDAW 1993a,b). The coastal
California gnatcatcher's status as a threatened species gives it
protection under the Act. However, the legal authority to protect the
gnatcatcher does not extend to candidate species.
Under provisions under section 10(a) of the Act, the Service may
permit the incidental ``take'' of the gnatcatcher during the course of
an otherwise legal activity as long as the likelihood of that species'
survival and recovery in the wild is not precluded. If the Service
authorized take of the gnatcatcher at the Dana Point Headlands pursuant
to section 10(a), the permitted activities could result in the
extinction of the Pacific pocket mouse.
In 1991, the State of California established the Natural
Communities Conservation Planning Program to address the conservation
needs of natural ecosystems throughout the State. The initial focus of
that program is the coastal sage scrub community occupied, in part, by
the Pacific pocket mouse. At the present time, no plans have been
completed or implemented, and no protection is currently proposed to
prevent or reduce impacts to 3.65 of the 3.75 acres of occupied habitat
on the Dana Point Headlands that are proposed for development.
In many cases, land-use planning decisions are made on the basis of
environmental review documents prepared in accordance with the
California Environmental Quality Act (CEQA) or the National
Environmental Policy Act. These Acts have not adequately protected
Pacific pocket mouse habitat.
A relocation program proposed to mitigate impacts to the Pacific
pocket mouse on the Dana Point Headlands (EDAW 1993b) has not been
fully defined or developed and must be considered highly experimental.
As part of this proposed mitigation program, ``the Pacific pocket mouse
will be relocated to suitable on-site or off-site locations that are or
will be preserved as suitable habitat'' (EDAW 1993b). EDAW (1993b) has
concluded that the ``implementation of this mitigation will not reduce
impacts to this species to a level of insignificance.'' The program
proposed in the Dana Point Headlands to control domestic cat predation
is also inadequate.
E. Other natural or man-made factors affecting its continued
existence. This species is highly susceptible to extinction as a result
of stochastic environmental or demographic causes because the remaining
animals are found in one location.
The Service has determined that listing as endangered is
appropriate because the remaining location is imminently threatened by
urban development.
Reasons for Emergency Determination
Under section 4(b)(7) of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) and 50 CFR 424.20, the Secretary may determine a
species to be endangered or threatened by an emergency rule that shall
cease 240 days following publication in the Federal Register. The
reasons why this rule is necessary are discussed below. If at any time
after this rule has been published the Secretary determines that
substantial evidence does not exist to warrant such a rule, it shall be
withdrawn.
Of the eight known sites historically occupied by the species, all
but two have been developed or significantly altered through human
activities. Suitable habitat remains in the Marina del Rey/El Segundo
portion of Los Angeles County; however, efforts to find the animal in
this area have not been successful. One other site at San Onofre in San
Diego County still retains suitable habitat. However, the Pacific
pocket mouse was never common at this site, and recent surveys have not
located any individuals.
The only remaining population (containing no more than 39 animals)
of the Pacific pocket mouse occurs on the Dana Point Headlands of Dana
Point, California. As discussed under factors A, C, and D in the
Summary of Factors Affecting the Species section above, an emergency
posing a significant risk to the well-being and continued survival of
the Pacific pocket mouse exists as the result of the imminent, proposed
destruction of 3.65 of the 3.75 acres of occupied habitat (Brylski
1993; EDAW 1993a,b). The Pacific pocket mouse is also imminently
threatened at this location by feral and/or domestic cat depredation.
For these reasons, the Service finds that the Pacific pocket mouse
is in imminent danger of extinction throughout all or a significant
portion of its range and warrants immediate protection under the Act.
Critical Habitat
Critical habitat, as defined by section 3(5)(A) of the Act, means:
(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.
Section 4(a)(3) of the Act requires that critical habitat be
designated to the maximum extent prudent and determinable concurrently
with the determination that a species is endangered or threatened. The
Service's regulations (50 CFR 424.12(a)(1)) state that a 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 such threat to the species, or (2) such
designation of critical habitat would not be beneficial to the species.
The Service finds that designation of critical habitat is not
prudent at this time for the Pacific pocket mouse. The only known
population of this species is found on private lands where Federal
jurisdiction or involvement in land-use activities is not expected.
Therefore, the designation of critical habitat within the existing
range of the Pacific pocket mouse would not appreciably benefit the
species.
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 prohibitions
against certain activities. Recognition through listing encourages and
results in conservation actions by Federal, State, and private
agencies, groups, and individuals. The Act provides for possible land
acquisition, 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 certain activities 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) of the Act 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
destruction or adverse modification of proposed critical habitat. If a
species is subsequently listed, 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 such a species
or to 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. The Service does not expect to receive requests for
consultation from other Federal agencies with respect to this species
because no Federal involvement is expected for activities occurring
within habitat currently occupied by the Pacific pocket mouse.
The Act and implementing regulations found at 50 CFR 17.21 set
forth a series of general prohibitions and exceptions that apply to all
endangered wildlife. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to take
(including harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, collect, or attempt any such conduct), import or export,
transport in interstate or foreign commerce in the course of commercial
activity, or sell or offer for sale in interstate or foreign commerce
any listed species. It also is 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.
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife species 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
connection with otherwise lawful activities.
Requests for copies of the regulations on listed wildlife and
inquiries regarding same should be addressed to the U.S. Fish and
Wildlife Service, Endangered Species Permits, 911 N.E. 11th Avenue,
Portland, Oregon 97232-4181 (telephone 503/231-6241; facsimile 503/231-
6243).
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, 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 Endangered
Species Act of 1973, as amended. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 48244).
References Cited
A complete list of references cited herein is available upon
request from the U.S. Fish and Wildlife Service, Carlsbad Field Office
(see ADDRESSES section).
Author
The primary authors of this emergency rule are Loren R. Hays and
Fred M. Roberts, Jr., U.S. Fish and Wildlife Service, Carlsbad Field
Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Regulation Promulgation
Accordingly, effective from January 31, 1994 until September 28,
1994, part 17, subchapter B of chapter I, title 50 of the Code of
Federal Regulations, is amended 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. Amend Sec. 17.11(h) 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
---------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Mouse, Pacific pocket.... Perognathus longimembris U.S.A. (CA)............. Entire.................. E 526 NA NA
pacificus .
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: January 28, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-2463 Filed 1-31-94; 3:57 pm]
BILLING CODE 4310-55-P
