[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Proposed Rules]
[Pages 13825-13832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7480]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE84
Endangered and Threatened Wildlife and Plants; Proposed
Threatened Status for the Northern Idaho Ground Squirrel
AGENCY: Fish and Wildlife Service, Interior
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to list
the northern Idaho ground squirrel (Spermophilus brunneus brunneus) as
a threatened species throughout its range in western Idaho pursuant to
the Endangered Species Act of 1973, as amended (Act). This subspecies
is known from 21 sites in Adams and Valley Counties, Idaho. It is
primarily threatened by habitat loss due to seral forest encroachment
into former suitable meadow habitats. Seral forest encroachment results
in habitat fragmentation, isolating northern Idaho ground squirrel
colonies. The subspecies is also threatened by competition from the
larger Columbian ground squirrel (Spermophilus columbianus), land use
changes, recreational shooting and naturally occurring events. This
proposal, if made final, would extend Federal protection provisions
provided by the Act for the northern Idaho ground squirrel.
DATES: Comments from all interested parties must be received by May 22,
1998. The Service will hold a public hearing on the proposal in
Council, Idaho on May 5, 1998, from 6:00-8:00 p.m., at the Council
Elementary School Multi Purpose Room, 202 Highway 95.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the U.S. Fish and Wildlife Service, Snake River Basin Office,
1387 South Vinnell Way, Room 368, Boise, Idaho 83709. Comments and
materials received will be available for public inspection, by
appointment, during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Robert Ruesink, Supervisor, at the
above address or (208) 378-5243.
SUPPLEMENTARY INFORMATION:
[[Page 13826]]
Background
The northern Idaho ground squirrel (Spermophilus brunneus brunneus)
has the most restricted geographical range of any Spermophilus taxa and
one of the smallest ranges among North American mainland mammals (Gill
and Yensen 1992). The first specimens, collected by L. E. Wyman in
1913, were described by A. H. Howell as Citellus townsendii brunneus, a
subspecies of the Washington ground squirrel (Spermophilus washingtoni)
(Howell 1938). In 1938, Howell subsequently classified the Idaho ground
squirrel as a full species, Citellus brunneus. Spermophilus is the
generic name that was used by Hershkovitz (1949) to correctly establish
this genus. Yensen (1991) described the southern Idaho ground squirrel
(Spermophilus brunneus endemicus) as taxonomically distinct, based on
morphology, pelage, and apparent life history differences including
biogeographical evidence of separation.
Both the northern and southern Idaho ground squirrels are found
only in western Idaho. Of the two subspecies, the northern Idaho ground
squirrel is the rarest (Yensen 1991). A relatively small member of the
genus Spermophilus, the mean length of northern Idaho ground squirrel
males and females is 233 millimeters (mm) (9.25 inches (in)) and 225 mm
(8.9 in), respectively. In comparison, the mean length of southern
Idaho ground squirrel males is 240 mm (9.5 in) and 233 mm (9.25 in) for
females (Yensen 1991). Pelage in northern Idaho ground squirrel differs
from the southern Idaho ground squirrel in its mid-dorsal area which
consists of long, dark guard hairs and shorter, dark guard hairs with
one paler-colored band on the shield (Yensen 1991). Most northern Idaho
ground squirrels are found in areas with shallow reddish parent soils
of basaltic origin, while the southern Idaho ground squirrel lives on
lower elevation, paler colored soils formed by granitic sands and clays
from the Boise Mountains (Yensen 1985, 1991). Marked differences in
pelage coloration between the disjunct subspecies are related to soil
color.
The baculum (penis bone) of northern Idaho ground squirrel is also
generally smaller than that of the southern Idaho ground squirrel. A
principal-component analysis indicated a striking difference among
bacula of the two subspecies that forms a cluster well separated in
character space (Yensen 1991). Genetic differentiation between the two
subspecies has also been confirmed using enzyme restriction analysis,
blood allozyme analyses and DNA protein sequencing (Gill and Yensen
1992; Sherman and Yensen 1994).
The northern Idaho ground squirrel emerges in late March or early
April and remains active above ground until late July or early August
(Yensen 1991). It occurs at 1,150 to 1,580 meters (m) (3,800 to 5,200
feet (ft)) elevation in Adams and Valley Counties of western Idaho. In
contrast the southern Idaho ground squirrel occurs at elevations of 670
to 975 m (2,200 to 3,200 ft) in the low rolling hills and valleys along
the Payette River in Gem, Payette, and Washington Counties of western
Idaho (Yensen 1991). The southern subspecies emerges in late January or
early February, where snow melt begins 1 to 2 months earlier in spring,
and ceases above-ground activity in late June or early July. The
emergence of the northern Idaho ground squirrel in late March or early
April begins with adult males, followed by adult females, then
yearlings.
The northern Idaho ground squirrel becomes reproductively active
within the first 2 weeks of emergence (Yensen 1991). Females that
survive the first winter live, on average, nearly twice as long as
males (3.2 years for females and 1.7 years for males). Individual
females have lived for 8 years. Males normally die at a younger age due
to behavior associated with reproductive activity. During the mating
period, males move considerable distances in search of receptive
females and often fight with other males for copulations, thereby
exposing themselves to predation by raptors including prairie falcon
(Falco mexicanus), goshawk (Accipiter gentilis) and red-tailed hawk
(Buteo jamaicensis). Significantly more males die or disappear during
the 2 week mating period than during the rest of the 12 to 14 week
period of above ground activity (Sherman and Yensen 1994). Seasonal
torpor generally occurs in early to mid July for males and females, and
late July to early August for juveniles.
In 1985, the total northern Idaho ground squirrel population in 18
known colonies was approximately 5,000 squirrels (Fish and Wildlife
Service 1985). Subsequent surveys were conducted on an annual basis.
While new active colonies were found during these surveys, previously
active colonies became extirpated (P. Sherman, Cornell University,
pers. comm., 1997). For example, one colony located on BLM lands was
active through 1988, but since then has not been occupied by northern
Idaho ground squirrels (J. La Rocco, BLM, pers. comm., 1997). In 1996,
the total population had declined to fewer than 1,000 individuals
distributed through 19 colonies (Sherman and Gavin 1997). Only one of
these colonies contained greater than 60 animals. In 1997, three
additional colonies were found for a total of 21 active colonies. Still
the total population estimate remains at less than 1,000 individuals.
Of the 21 known active colonies, 11 occur on public lands and 10 occur
on private lands. The numbers of squirrels in many of the active
colonies have been trending downward for over 10 years (Yensen 1980;
Fish and Wildlife Service 1985; Yensen 1985; Sherman and Yensen 1994;
Sherman and Gavin 1997).
Soil texture and depth can be a primary factor in determining
species distribution for most Spermophilus (Brown and Harney 1993). The
northern Idaho ground squirrel often digs burrows under logs, rocks, or
other objects (Sherman and Yensen 1994). Dry vegetation sites with
shallow soil horizons of less than 50 centimeters (19.5 in) depth above
basalt bedrock to develop burrow systems are preferred (Yensen et al.
1991). Burrows associated with shallow soils are called auxiliary
burrows. Nesting burrows are found in deeper soil pockets that are
greater than 1 m (3 ft) deep, usually located near the tops of slopes.
Although Columbian ground squirrels (Spermophilus columbianus) overlap
in distribution with the northern Idaho ground squirrel (Dyni and
Yensen 1996), Columbian ground squirrels prefer moister areas with
deeper soils. Sherman and Yensen (1994) report that the lack of
extensive use of the same areas by the two species is due to
competitive exclusion, rather than to each species having different
habitat requirements.
Nearly all of the meadow habitats utilized by northern Idaho ground
squirrels are bordered by coniferous forests of Pinus ponderosa
(ponderosa pine) and/or Pseudotsuga menziesii (Douglas fir). However,
this ground squirrel is not abundant in meadows that contain high
densities of small trees (Sherman and Yensen 1994).
The northern Idaho ground squirrel is primarily granivorous,
similar to the Columbian ground squirrel (Dyni and Yensen 1996), and
ingests large amounts of Poa sp. and other grass seeds to store energy
for the winter. The northern Idaho ground squirrel consumes 45 to 50
different plant species but prefers Poa sp., Stipa sp., Microseris sp.
and Cryptantha sp. seeds. Roots, bulbs, leaf stems and flower heads are
minor components of the diet. The Columbian ground squirrel often
inhabits areas with denser vegetation than the northern Idaho ground
squirrel (Dyni
[[Page 13827]]
and Yensen 1996). Such areas contain more abundant food resources than
habitats occupied by northern Idaho ground squirrel (Belovsky and
Schmitz 1994).
The northern Idaho ground squirrel is found on lands administered
by the U.S. Forest Service, Idaho State Department of Lands, Boise
Cascade Corporation, and other private properties.
Previous Federal Action
In a notice of review published January 6, 1989, the Service
determined that the northern Idaho ground squirrel was a category 1
candidate (54 FR 562). Category 1 candidates were those taxa for which
the Service had on file substantial information on biological
vulnerability and threats to support preparation of listing proposals.
In a notice of review published on November 21, 1991 (56 FR 58804), the
taxon was again included in category 1. On November 15, 1994, the
Service published a revised notice of review in which the northern
Idaho ground squirrel was included in category 2 (59 FR 58982).
Category 2 species were those for which the Service had information
indicating that listing may be warranted but for which it lacked
sufficient information on status and threats to support issuance of
listing rules. Upon publication of the February 28, 1996, notice of
review (61 FR 7596), the Service ceased using category designations and
included the northern Idaho ground squirrel as a candidate species.
Candidate species are those for which the Service has on file
sufficient information on biological vulnerability and threats to
support proposals to list the species as threatened or endangered.
Candidate status for this animal was continued in the September 19,
1997, notice of review (62 FR 49398)
As a result of long-standing litigation with the Fund For Animals,
a lawsuit settlement of January 21, 1997, directed the Service to make
a decision (i.e. prepare a proposed rule to list or remove from Federal
candidacy) concerning the northern Idaho ground squirrel on or before
April 1, 1998. This proposed rule constitutes the finding that listing
of the northern Idaho ground squirrel as a threatened species is
warranted.
The processing of this proposed rule conforms with the Service's
final listing priority guidance published in the Federal Register on
December 5, 1996 (61 FR 64475) and extended in October 23, 1997 (62 FR
55268). The guidance clarifies the order in which the Service will
process rulemakings. The guidance calls for giving highest priority to
handling emergency situations (Tier 1), second highest priority (Tier
2) to resolving the listing status of the outstanding proposed
listings, third priority (Tier 3) to new proposals to add species to
the list of threatened and endangered plants and animals, and fourth
priority (Tier 4) to processing critical habitat determinations and
delisting or reclassifications. This proposed rule constitutes a Tier 3
action.
Summary of Factors Affecting the Species
Section 4 of the Act (16 U.S.C. 1533) 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 northern Idaho ground squirrel are
as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Little is known about the historic
range of the northern Idaho ground squirrel, however, it is thought
that this subspecies was always uncommon within a limited habitat, but
in the past was much more abundant than at present (Forest Service
1997). All remaining habitat sites for the northern Idaho ground
squirrel are small in relation to those of other ground squirrels,
ranging in size from 1.2 to 16 hectares (3 to 40 acres), and are
imminently threatened by one or more of the following--land conversion
to agriculture; residential construction; development of recreational
facilities such as campgrounds; and road construction and maintenance.
Agricultural conversion and rural housing developments from the
communities of Round Valley, north to New Meadows, and south to
Council, Idaho, during the past 40 years have fragmented habitat that
was formerly occupied by the northern Idaho ground squirrel. These
types of developments continue to threaten remaining colonies in both
Adams and Valley Counties. Occupied ground squirrel habitat near New
Meadows was converted to a golf course and associated housing
development (Yensen 1985), resulting in the eradication of northern
Idaho ground squirrels at the site.
A 51.6 kilometer (km) (32 mile (mi)) gravel road from Council to
Cuprum, Idaho is scheduled to be paved by the year 2000. Approximately
6.5 km (4 mi) of this project runs through historic and currently
occupied habitat of the northern Idaho ground squirrel. The project
will improve and seasonally extend vehicle access to four nearby
northern Idaho ground squirrel colonies. Four existing colonies will be
subject to increased mortality risk from vehicles, and possibly
recreational shooting (U. S. Forest Service 1997a).
A mitigation plan (Plan) has been developed for the Council to
Cuprum Road paving project in cooperation with the Federal Highway
Administration (Forest Service 1997a). The Plan identifies mitigation
actions to attract northern Idaho ground squirrels away from the paved
highway to adjacent but suitable habitat to avoid passing vehicles.
Funding for this Plan, if approved, would allow for monitoring the
mitigation measures for a 3-year period after the road improvements
have been made, which will occur between 1998-2000. At this time, it is
uncertain whether proposed mitigation measures will be successful in
protecting colonies in the vicinity of the project.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Some, in the general public, consider ground
squirrels as varmints and, as such, recreational shooting contributes
to the decline of northern Idaho ground squirrel colonies (Yensen
1991). Colonies adjacent to housing developments, towns, or farms, in
particular, are subject to a high rate of recreational shooting.
Scientific collection of ground squirrels could also adversely impact
this species, however, to date, no known mortality has occurred through
handling or marking over 1,100 squirrels (Sherman and Yensen 1994).
C. Disease or predation. The significance of disease as a threat to
this subspecies is unknown. The parasitic nematode, Pelodera
strongyloides, infects the eyes of the northern Idaho ground squirrel
(Sherman and Yensen 1994; Yensen et al. 1996). This eye worm is not
currently known to be a cause of mortality or to affect the population
structure within existing colonies (Yensen et al. 1996). Although
plague, (Yersina pestis), a contagious bacterial disease in rodents,
has not been found in any northern Idaho ground squirrel colonies, the
disease, once established, could decimate these colonies (Yensen et al.
1996).
The primary predators of the northern Idaho ground squirrel include
badger (Taxidea taxus), goshawk (Accipiter gentilis), prairie falcon
(Falco mexicanus) and occasionally red-tailed hawk (Buteo jamaicensis).
In particular, predators threaten the smaller more isolated colonies of
northern Idaho
[[Page 13828]]
ground squirrel. Males are particularly subject to increased predation
risk during the mating period (Sherman and Yensen 1994).
D. The inadequacy of existing regulatory mechanisms. The State of
Idaho recognizes the northern Idaho ground squirrel as a ``Species of
Special Concern'' (Idaho Department of Fish and Game 1994). Because of
this status, the northern Idaho ground squirrel is, by law, protected
from taking (shooting, trapping, poisoning) or possession. To date,
however, protection from recreational shooting has not been adequately
enforced by the State and the northern Idaho ground squirrel remains
vulnerable to this activity (Yensen 1985).
Local land use ordinances and other regulations are inadequate to
protect this subspecies. For example, the Adams County land use
regulations, where 99 percent of northern Idaho ground squirrel
colonies are found, allow for single and multiple housing developments
under a permit system. There is no consideration under the permit
system for impacts that may result from building housing or recreation
developments in or adjacent to habitat occupied by the northern Idaho
ground squirrel. With no limitations on development of northern Idaho
ground squirrel habitat, it is anticipated that human population growth
and development in the foreseeable future will continue to impact
ground squirrel colonies where the two overlap.
Under the present status as a candidate species, there is no
requirement for Federal agencies to consult with the Service under
section 7 of the Endangered Species Act. When this proposed rule to
list the northern Idaho ground squirrel is published in the Federal
Register, conferencing (which is equivalent to section 7 consultation)
by other Federal agencies will be required when their actions may
jeopardize the species. Until this step has been completed, only the
voluntary conservation agreement between the Payette National Forest
and the Service provides responsible management to reduce threats to
the northern Idaho ground squirrel.
E. Other natural or manmade factors affecting its continued
existence. The primary threat to the northern Idaho ground squirrel is
meadow invasion by conifers (Sherman and Yensen 1994). Fire suppression
and the dense regrowth of conifers resulting from past logging
activities have significantly reduced meadow habitats suitable for
northern Idaho ground squirrels. As the extent of meadow habitat on
public and private lands was reduced over the past 40 years, northern
Idaho ground squirrel dispersal corridors have been reduced or
eliminated, further constricting the species into smaller isolated
habitat areas (Truksa and Yensen 1990). The loss of dispersal corridors
has caused at least some isolated colonies to become extirpated
(Sherman and Yensen 1994: Fish and Wildlife Service 1996). Small
populations at several remaining colony sites are likely to become
extirpated as well (Sherman and Yensen 1994; Mangel and Tier 1994).
The fragmented distribution of the northern Idaho ground squirrel
is the remnant of what may once have been a more continuous
distribution from Round Valley, Idaho in Valley County north to New
Meadows and then southwest to Council in Adams County, and the existing
colonies on private and public lands northwest of Council. Because of
logging and fire suppression, forest structure has changed markedly
over the past century, resulting in much denser, more even-aged younger
stands of trees with thinner and less heterogeneous under-story plant
communities (Burns and Zborowski 1996). Fire suppression has allowed
conifers to invade areas that were once meadows, thereby shrinking the
size of forb/grass meadows or closing open grassy corridors entirely to
each of these meadow sites. These changes have isolated the dry meadows
with shallow soils where the northern Idaho ground squirrel finds
refuge from the Columbian ground squirrel, which also eliminates
phenotypic exchange between northern Idaho ground squirrel colonies.
Those dry meadow habitats where colonies still are extant are now being
invaded in most areas by small trees, further constricting the
preferred forage and fossorial habitat of this species. Habitat
dissection and reduced opportunities for dispersal among habitats
prevents gene flow and results in considerable population
differentiation (Sherman and Yensen 1994).
Habitat and resource competition with the Columbian ground squirrel
is another factor affecting the survival of the northern Idaho ground
squirrel. The northern Idaho ground squirrel may have been forced into
areas containing shallower soils due to competition from Columbian
ground squirrels (Sherman and Yensen 1994). The Columbian ground
squirrel is larger and prefers deeper soil areas with soils that
provide better over-winter protection and higher nutrients. Competition
from Columbian ground squirrel could be an important factor in
population decline of the northern Idaho ground squirrel (Dyni and
Yensen 1996). Where both species occur, the northern Idaho ground
squirrel tends to occupy the shallower soils but requires deeper soils
less than 1 m (3.2 ft) for nests (Yensen et al. 1991). The Columbian
ground squirrel is not restricted by soil depth. Typically their burrow
systems are associated with degree of slope, well drained soils, and
number of native forbs (Weddell 1989).
Winter mortality may be a contributing factor for northern Idaho
ground squirrel decline, especially when juvenile squirrels enter
torpor without sufficient fat reserves and snow levels are below
average (Paul Sherman, pers. comm., 1997). Soils tend to freeze to
greater depths where snow levels are shallow. When this occurs ground
squirrels are unable to thermoregulate or maintain sufficient fat
reserves. Although the relationship between ground squirrels and
weather is complex (Yensen et al. 1992) colonies may have been
adversely affected by drought and over winter mortality in the early
1990's.
As a result of the factors discussed above and due to the small
population sizes of remaining colonies and the small total number of
individuals, the northern Idaho ground squirrel may have little
resilience to respond to naturally occurring events (Gavin et al.
1993). Small animal populations are often highly vulnerable to natural
climatic fluctuations as well as catastrophic events (Mangel and Tier
1994). Gavin et al. (1993) ran a computer population viability
simulation program (VORTEX), using natality and mortality values
recorded over 8 years from an intensively studied northern Idaho ground
squirrel colony (Sherman and Yensen 1994). Variables in the model
included no natural immigration, and began the population viability
analysis using 50 individuals, a figure that was 30 individuals lower
than the actual population size of 80 individuals (Sherman and Yensen
1994). The model calculated that all but 1 of 100 populations would
become extinct in less than 20 years.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by the northern Idaho ground squirrel in
determining to propose this rule. Based on this evaluation, the
preferred action is to list the northern Idaho ground squirrel as
threatened. The subspecies has declined from approximately 5,000
animals in 1985 to fewer than 1,000 animals in 1997. While the northern
Idaho ground squirrel is not in immediate danger of extinction because
[[Page 13829]]
of ongoing conservation and recovery efforts, the subspecies could
become endangered in the foreseeable future if remaining colony
populations decline further.
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
a species is determined to be endangered or threatened. 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.
The Service believes critical habitat designation is not prudent
for the northern Idaho ground squirrel because both of the above
described situations exist. The northern Idaho ground squirrel has been
studied for 17 years (Yensen 1980; Yensen 1985; Sherman and Yensen
1994; Sherman and Gavin 1997), and the locations of active and historic
colonies are well documented and known within the scientific community.
However, publication of detailed critical habitat maps and
descriptions, as required, would make this information more readily
available to the general public and serve as an advertisement for
casual/recreational visits to the habitat areas, thereby increasing the
risk of elimination of northern Idaho ground squirrels or their
habitat. Eliminating a colony or destroying the squirrel's habitat
serves to create the false sense that it is no longer a problem.
Publishing maps of critical habitat may also serve as rally areas for
the shooting public to use and destroy ground squirrels directly or
indirectly (R. Howard, Fish and Wildlife Service, pers. comm., 1997).
In light of the vulnerability of this species to vandalism or the
intentional destruction of its habitat, critical habitat designation
would reasonably be expected to increase the degree of threat to the
species, increase the enforcement difficulties, and further contribute
to the decline of the northern Idaho ground squirrel.
Additionally, designation of critical habitat would not be
beneficial to the northern Idaho ground squirrel. Critical habitat
designation provides protection only on Federal lands or on private or
State lands when there is Federal involvement through authorization or
funding of, or participation in, a project or activity. Eleven of the
remaining sites are located on Federal lands administered by the U.S.
Forest Service and the Bureau of Land Management. These agencies are
aware of the species occurrence at these sites and the requirement to
consult with the Service under section 7(a)(2) to ensure that any
actions federally authorized, funded or carried out is not likely to
jeopardize the continued existence of an endangered or threatened
species. Section 7(a)(2) of the Act requires Federal agencies, in
consultation with the Service, to ensure that any action authorized,
funded or carried out by such agency, does not jeopardize the continued
existence of a federally listed species. Consultation is most likely to
occur with the Bureau of Land Management and the Forest Service
concerning timber harvest activities, recreational use permits, and
management of grazing allotments. The consequence of critical habitat
designation is that Federal agencies must also ensure that their
actions do not result in destruction or adverse modification of
critical habitat. The adverse modification standard would not address
seral forest encroachment which is considered a principal factor
causing northern Idaho ground squirrel declines. Therefore, in this
case, the prohibition on adverse modification would likely provide no
additional benefit to conservation of the subspecies than that provided
by the prohibition on jeopardy.
The Service acknowledges that critical habitat designation may
provide some benefits to a species by identifying areas important to a
species conservation and calling attention to those areas in special
need of protection. A critical habitat designation contributes to
species conservation primarily by highlighting important habitat areas
and by describing the features within those areas that are essential to
the species. However, in this case, this information can be
disseminated more effectively through alternative means and the primary
threat (plant succession) would not be addressed by critical habitat
designation.
The northern Idaho ground squirrel is not well known to the general
public because of its rarity and limited distribution. As a
consequence, all involved parties and landowners have been notified of
the importance of the northern Idaho ground squirrel habitat. The
Service is directly working with Federal land management agencies to
develop a coordinated management plan including vegetation control and
translocation to reestablish or augment populations of the northern
Idaho ground squirrel. Appropriate consultation and coordination with
other Federal agencies, such as the Forest Service and Bureau of Land
Management, will also occur once any specific federally supported
activity that could affect the northern Idaho ground squirrel is
proposed. These conservation actions for the Idaho ground squirrel
would not be enhanced by designation of critical habitat.
Therefore, the Service finds that designation of critical habitat
for this species is not prudent, for such designation would increase
the degree of threat from vandalism, shooting, or intentional
destruction of habitat and would provide no additional benefit to the
species.
The Service will continue in its efforts to obtain more information
on the northern Idaho ground squirrel's biology and ecology, including
essential habitat characteristics, and existing and potential sites
that can contribute to conservation of the species. The information
resulting from this effort will be used to identify measures needed to
achieve conservation of the species, as defined under the Act. Such
measures could include, but are not limited to, development of
additional conservation agreements with the State, other Federal
agencies, local governments, and private landowners and organizations,
and implementation of those agreements already in effect.
Available Conservation Measures
Ongoing conservation activities for this species include prelisting
actions and conservation efforts on Federal and private lands. The
remaining active northern Idaho ground squirrel colonies occur on
private and Payette National Forest lands. A management agreement
between The Nature Conservancy and
[[Page 13830]]
one private landowner protects northern Idaho ground squirrels on this
property.
A conservation agreement (Agreement) was finalized in July of 1996
between the Service and the Payette National Forest (Fish and Wildlife
Service 1996). Duration of the Agreement is 5 years. The Agreement
identifies conservation and land management actions that will provide
habitat favorable to the northern Idaho ground squirrel. These actions,
some already in the implementation phase, include: controlled burning
of selected meadows to reduce over-story and to improve forage
preferred by the northern Idaho ground squirrel; timber harvest in
select areas to open meadows where active colonies are found; and,
timber harvest to provide dispersal corridors for improved connectivity
between colonies. For example, 3.3 million board feet of timber is
proposed for harvest in the Lick Creek drainage in 1998 (Forest Service
1997b). The sale is designed to reconnect an active colony with other
nearby colonies. It will also open 12 meadow habitats on Federal lands
that are favorable to recolonization by the northern Idaho ground
squirrel.
A relocation plan developed by scientists from Cornell University,
Ithaca, New York, and Albertson College, Caldwell, Idaho, was initiated
in the spring of 1997. A total of 49 of squirrels were transplanted to
two sites (15 and 34 respectively) that had been treated through
burning and or timber harvest (P. Sherman, pers. comm., 1997). Both
treated sites are on lands managed by the U.S. Forest Service and were
selected because both have recently supported northern Idaho ground
squirrels. One site still supports a small population of animals while
squirrels were found until 1996 at the other site. Initial results
indicate that some translocated females were lactating and juveniles
were observed at both sites (P. Sherman, pers. comm., 1997). More
definitive results of the translocation will not be known until
monitoring efforts are completed in the spring of 1998. Whether long-
term benefits to ground squirrel recovery result from these actions may
be unknown for several years.
These ongoing conservation efforts for the northern Idaho ground
squirrel address threats that have likely contributed to the species'
past decline. The Service will continue to work with private and
Federal land owners to restore and maintain suitable habitat and
dispersal corridors for the species and to address other limiting
factors.
Conservation measures provided to species listed as endangered or
threatened under the 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 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) of the Act requires Federal agencies to
confer 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
listed subsequently, section 7(a)(2) requires Federal agencies to
insure 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 Act requires the appropriate land management agencies to
evaluate potential impacts to the species that may result from
activities they authorize or permit. Consultation under section 7 of
the Act is required for activities on Federal, State, County, or
private lands, that may impact the survival and recovery of the
northern Idaho ground squirrel, if such activities are funded,
authorized, carried out, or permitted by Federal agencies. Federal
agencies that may be involved in activities affecting this species
include the Forest Service, Federal Highways Administration, Bureau of
Land Management, Office of Surface Mining and Natural Resources
Conservation Service. Section 7 requires these agencies to consider
potential impacts to the northern Idaho ground squirrel prior to
approval of any activity authorized or permitted by them.
Federal agency actions that may require consultation include
removing, thinning or altering vegetation; construction of roads or
camping sites in the vicinity of active and historical colonies,
recreational home developments, permitting off-road vehicle use areas,
and development of gravel or sand mining activities, campground
construction, mining permits and expansion, highway construction,
timber harvest, etc.
The Act and implementing regulations found at 50 CFR 17.21 and
17.31 set forth a series of general prohibitions and exceptions that
apply to all threatened 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 threatened wildlife species under certain circumstances.
Regulations governing permits are at 50 CFR 17.22, 17.23 and 17.32.
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. For threatened species,
permits are also available for zoological exhibition, educational
purposes, or special purposes consistent with the purposes of the Act.
(Information collections associated with these permits are approved
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and assigned
Office of Management and Budget clearance number 10180-0094.)
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 proposed for listing, 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 the listing on proposed and ongoing activities within
a species' range. The Service believes that, based upon the best
available information, the following action will not result in a
violation of section 9:
Activities authorized, funded, or carried out by Federal agencies
(e.g., logging, flood and erosion control, mineral and housing
development, off road permitting or park development,
[[Page 13831]]
recreational trail and campground development, road construction,
prescribed burns, pest control activities, utility lines or pipeline
construction) when such activity is conducted in accordance with any
incidental take statement prepared by the Service in accordance with
section 7 of the Act.
Activities that the Service believes could potentially result in a
violation of section 9 include but are not limited to:
(1) Unauthorized or unpermitted collecting, handling, harassing, or
taking (such as recreational shooting) of the subspecies;
(2) Activities that directly or indirectly result in the actual
death or injury of the northern Idaho ground squirrel, or that modify
the known habitat of the subspecies by significantly modifying
essential behavior patterns (e.g., plowing, conversion to cropland,
residential or recreational uses; road and trail construction; water
development and impoundment; mineral extraction or processing; off-road
vehicle use; and unauthorized application of herbicides or pesticides).
(3) Activities within the northern Idaho ground squirrel
hibernating period (mid July through early April), and near burrow
areas that include controlled burns, mowing, road, pipeline or utility
construction, herbicide application or other activities that would
alter the burrow systems and food sources of the northern Idaho ground
squirrel.
Questions regarding whether specific activities will constitute a
violation of section 9 or to obtain guidance for activities within
northern Idaho ground squirrel habitat should be directed to the U.S.
Fish and Wildlife Service, Snake River Basin Office, Boise, Idaho (see
ADDRESSES section). 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, Endangered Species
Permits, 911 N.E. 11th Avenue, Portland, Oregon 97232-4181 (telephone
503/231-6241; FAX 503/231-6243).
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 subspecies;
(2) The location of any additional populations of this subspecies
and the reasons why any habitat should or should not be determined to
be critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of this subspecies;
(4) Biological or physical elements that best describe this
subspecies' habitat, that could be considered critical for the
conservation of the subspecies (e.g., colonies, hibernation,
vegetation, food, topography);
(5) Current or planned activities in the subject area and their
possible impacts on this subspecies;
(6) Possible alternative recreational and logging practices, or
road right-of-way development and maintenance activities that will
reduce or eliminate the take of northern Idaho ground squirrel or their
habitats; and
(7) Other management strategies that will conserve the subspecies
throughout its range.
Final promulgation of the regulations on this subspecies 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. The Service has
scheduled a public hearing in Council, Idaho (see DATES section).
National Environmental Policy Act
The 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, as amended. 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
This rule does not contain collection of information that requires
approval by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
References Cited
A complete list of all references cited herein, as well as others,
is available upon request from the Snake River Basin Office (see
ADDRESSES above).
Author: The primary author of this proposed rule is Richard Howard,
U.S. Fish and Wildlife Service, Snake River Basin Office (see
ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
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. Amend section 17.11(h) by adding the following, in alphabetical
order under MAMMALS, to the List of Endangered and Threatened Wildlife:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
------------------------------------------------------------ population
where Critical Special
Historic range endangered Status When listed habitat rules
Common name Scientific name or
threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Squirrel, northern Idaho ground.... Spermophilus brunneus U.S.A. (ID).......... NA ................ T NA NA
brunneus.
[[Page 13832]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: March 6, 1998.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 98-7480 Filed 3-20-98; 8:45 am]
BILLING CODE 4310-55-P
