[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Proposed Rules]
[Pages 14093-14101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7428]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE06
Proposal To List the Preble's Meadow Jumping Mouse as an
Endangered Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service proposes to list the
Preble's meadow jumping mouse (Zapus hudsonius preblei) as an
endangered species pursuant to the Endangered Species Act (Act) of
1973, as amended. The Preble's meadow jumping mouse, a small rodent in
the family Zapodidae, is known to occur in only four counties in
Colorado and two counties in Wyoming. Historical surveys document its
former presence in five additional counties in Colorado and three
additional counties in Wyoming. The Preble's meadow jumping mouse lives
primarily in heavily vegetated riparian habitats. Habitat loss and
degradation caused by agricultural, residential, commercial, and
industrial development imperil its continued existence. This proposal,
if made final, would extend protection of the Act to the Preble's
meadow jumping mouse.
DATES: Comments from all interested parties must be received by May 27,
1997. Public hearing requests must be received by May 9, 1997.
ADDRESSES: Comments or materials concerning this proposed rule may be
sent to the Colorado Field Supervisor, U.S. Fish and Wildlife Service,
P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225. The
complete file for this rule is available for public inspection, by
appointment, during normal business hours at the U.S. Fish and Wildlife
Service's Colorado Field Office, 755 Parfet Street, Suite 361,
Lakewood, Colorado.
FOR FURTHER INFORMATION CONTACT: LeRoy W. Carlson, Field Supervisor,
Colorado Field Office (see ADDRESSES section), (telephone 303/275-
2370).
SUPPLEMENTARY INFORMATION:
Background
The Preble's meadow jumping mouse (Zapus hudsonius preblei) is a
small rodent in the family Zapodidae and is one of 11 subspecies of the
species Z. hudsonius, the meadow jumping mouse (Krutzsch 1954, Whitaker
1972). The family consists of small to medium-sized mice with long
tails and long feet adapted for jumping. Krutzsch (1954) reviewed
taxonomy and distribution of the genus Zapus in North America and
recognized three living species, Z. hudsonius, Z. trinotatus, and Z.
princeps. Fitzgerald et al. (1994) described Z. hudsonius as greyish to
yellowish-brown in color with an indistinct mid-dorsal band of darker
hair and paler sides, large hindlegs and hindfeet, and a sparsely
haired tail that accounts for more than 60 percent of the total length.
The Preble's meadow jumping mouse (Preble's) was first discovered
and described from Loveland, Larimer County, Colorado, by A.E. Preble
in 1895 (Preble 1899, cited by Krutzsch 1954). All records are from
southeastern Wyoming and eastern Colorado. The coloration of Preble's
was described by Krutzsch (1954) as ``color dull, back from near Clay
Color to near Tawny-Olive with a mixture of black hair forming poorly
defined dorsal band; sides lighter than back from near Clay Color to
near Cinnamon-Buff; lateral line distinct and clear Ochraceous-Buff;
belly white, sometimes faint wash of clear Ochraceous-Buff; tail
bicolored, brownish to light brownish-black above, grayish-white to
yellowish-white below'' (capitalized color terms refer to a scientific
standard, while lower case terms reflect common usage). Krutzsch (1954)
also provided a technical description of the skull of Preble's, which
can prove critical to its identification.
A source of confusion is the similarity of appearance between the
Preble's meadow jumping mouse and Z. p. princeps, a subspecies of the
western jumping mouse that also occurs in portions of Colorado and
Wyoming. In general, Z. hudsonius may be distinguished from Z. princeps
by average external size and cranial size (Krutzsch 1954, Whitaker
1972). Preble's may be distinguished from Z. p. princeps by a less
pronounced mid-dorsal band, smaller average total length, and a skull
that is small and light with a narrower braincase and smaller molars
(Fitzgerald et al. 1994). Since coloration of the mid-dorsal band and
total length are not definitive characteristics, skull measurements are
most useful for positive identification (Aaron Ellingson, Colorado
Natural Heritage Program, in litt. 1995). Ranges of the Preble's meadow
jumping mouse and Z. p. princeps are not thought to overlap in Colorado
but may overlap in Wyoming (Armstrong 1972).
Krutzsch (1954) commented on the presence of physical habitat
barriers and lack of known intergradation between the Preble's meadow
jumping mouse, known only from eastern Colorado and southeastern
Wyoming, and other identified subspecies of Z. hudsonius ranging to the
east and north. Among recognized subspecies, Krutzsch found that
Preble's most closely resembled Z. h. campestris from northeastern
Wyoming, but summarized differences in coloration and skull
characteristics. Krutzsch concluded that considerable differences
existed between Preble's and related subspecies. Hafner et al. (1981)
described an additional subspecies Z. h. luteus present in New Mexico
and Arizona and differentiated it from Preble's. This subspecies was
not addressed by Krutzsch since it was previously considered Z. p.
luteus, a subspecies of the western jumping mouse.
[[Page 14094]]
Results from limited genetic analysis of Z. hudsonius from
Minnesota and Indiana, presumed Preble's meadow jumping mouse from the
Department of Energy's Rocky Flats Environmental Technology Site (Rocky
Flats) in Jefferson County, Colorado, and Z. princeps from Colorado,
provided clear evidence that the Rocky Flats mice were of the species
Z. hudsonius. However, the analysis did not provide a means of
separating subspecies of Z. hudsonius (Bruce Wunder, Colorado State
University, pers. comm. 1996). Under a cost-sharing agreement with the
U.S. Fish and Wildlife Service (Service), the Colorado Division of
Wildlife supported genetic studies of Preble's trapped in Colorado
during the 1996 field season. Tissue samples from Preble's trapped in
Colorado are being assessed, through mitochondrial DNA analysis, and
will be compared to available reference samples from Z. hudsonius from
other areas. While mitochondrial DNA analysis is an accepted technique
for establishing taxonomic relationships, it is uncertain whether these
studies will produce conclusive results regarding the genetic
differences between Preble's and other recognized subspecies of Z.
hudsonius. Results of these studies will be available in 1997.
Under section 15.3 of the Act, the term ``species'' is defined to
include recognized subspecies. Therefore, throughout the remainder of
this document, Preble's meadow jumping mouse (Z. h. preblei) is
treated, in the context of the Act, as a ``species.''
Though the Preble's meadow jumping mouse has not been studied as
intensively as Z. hudsonius has been studied elsewhere, it is believed
to be similar to other subspecies of Z. hudsonius in patterns of diet,
behavior, breeding and habitat utilization. In general, Z. hudsonius
subsists on seeds, small fruits, fungi, and insects, and hibernates
from October to May (Fitzgerald et al. 1994, Whitaker 1972). It is
adapted for digging, creates nests of grasses, leaves, and woody
material several centimeters below the ground, and is primarily
nocturnal or crepuscular, but can be observed during daylight. During
the breeding season (June to mid-August), females typically have two to
three litters (Fitzgerald et al. 1994).
Krutzsch (1954), Quimby (1951), and Armstrong (1972) agree that
across its range, Z. hudsonius occurs mostly in low undergrowth
consisting of grasses, forbs, or both, in open wet meadows and riparian
corridors, or where tall shrubs and low trees provide adequate cover.
In addition, Z. hudsonius prefers lowlands with medium to high moisture
over drier uplands. Whitaker (1972) concluded that Z. hudsonius avoids
the sparse vegetation that is generally associated with low moisture
habitats. Fitzgerald et al. (1994) described Z. hudsonius as most
common in lush vegetation along watercourses or in herbaceous
understories in wooded areas. Some authors (Tester et al. 1993) have
suggested that proximity to water may be the most important factor
influencing habitat selection and utilization by Z. hudsonius.
Recent research on the Preble's meadow jumping mouse has focused
mostly on current status; however, some aspects of life history,
behavior, and habitat utilization have been documented. In general,
results of recent investigations have not been documented in peer-
reviewed scientific literature. Data have been gathered by researchers
at Rocky Flats on the timing of the initial breeding period and time of
hibernation (PTI Environmental Services 1996). The month of May marks
the beginning of the active period for Preble's, with May 5 the
earliest capture date at Rocky Flats. Breeding probably occurs soon
after emergence. Adults begin hibernation in early September, while
juveniles enter hibernation from mid-September to late October.
At Rocky Flats, the Preble's meadow jumping mouse appears to be
primarily dependent on riparian corridors along creeks that are
dominated by the shrubs Salix exigua (coyote willow) or Amorpha
fruticosa (leadplant), and are in proximity to mesic grasslands
dominated by Andropyron smithii (western wheatgrass) and Poa pratensis
(Kentucky bluegrass) (Bakeman, Deans and Ryon, EG&G, in litt. 1995).
Field studies at Rocky Flats led to the conclusion that Preble's is
typically found in or near complex riparian communities with multi-
strata woodland and herbaceous species (Harrington et al. 1996).
Capture locations were typically humid with high litter content. In a
spring 1996 study at Rocky Flats, all captures were within 25 meters
(m) (82 feet (ft)) of streams, with 48 percent of captures within 5 m
(16 ft) of streams (PTI Environmental Services 1996). In the same
study, 90 percent of captures occurred within 5 m (16 ft) of canopy
edge consisting of Salix exigua, Symphoricarpos occidentalis (western
snowberry), Prunus americana. (choke cherry), and other species.
Margins of artificial ponds at Rocky Flats are thought to be important
foraging sites (Harrington et al. 1996).
Most successful capture sites at Rocky Flats presented burrowing or
nesting opportunities. Five nests were located in dense vegetation
(Harrington et al. 1995). Litter is used to construct nests, which are
occupied during the Preble's meadow jumping mouse's active season.
Based on a single underground hibernaculum, located through use of
telemetry, upland habitats may be preferred for hibernation by Preble's
(Fred Harrington, Pawnee Natural History Society, pers. comm. 1995).
Ryon (1995) reported that four of five recent Preble's meadow
jumping mouse capture sites he evaluated in Colorado had five
structural habitat components: trees, tall shrubs, short shrubs,
herbaceous vegetation, and ground cover. The fifth site had few trees.
In contrast, historic capture sites where Ryon failed to capture
Preble's generally lacked one or more of these components. Harrington
(1995) captured Preble's in riparian shrubland dominated by Salix
exigua along East Plum Creek, Douglas County, Colorado. Preble's was
captured along Monument Creek within the U.S. Air Force Academy lands
in Colorado Springs, El Paso County, Colorado, primarily in densely
vegetated riparian communities where Salix spp., Symphoricarpos
occidentalis, Populus angustifolia. (narrow-leaf cottonwood), and thick
grass understory were dominant (Corn et al. 1995). Garber (1995)
characterized capture sites along Lodgepole Creek, Albany County,
Wyoming as moist areas near beaver ponds with dense sedges and Salix
sp. Ryon (1995) suggested that where Preble's occupies habitat along
intermittent streams, adjacent wet meadows and seeps may be important
habitats in dry periods.
Based on recent survey data, Preble's are most frequently
encountered along riparian corridors of small intermittent and
perennial streams, where low Salix sp. and other dense shrubs are found
with lush ground cover (grasses, forbs, etc.). Recent captures that
were exceptions to the above described habitat, include individuals
found along a small irrigation ditch and in a mesic grassy field on
City of Boulder Open Space land (Clint Miller, City of Boulder, in
litt. 1996).
Preble's meadow jumping mouse may never have been widespread in
historical times. Armstrong (1972) described it as poorly known in
Colorado and apparently nowhere abundant. The historical range of
Preble's may represent a relic of a much larger range, occupied when
the climate was cooler and damper (Fitzgerald et al. 1994).
Nevertheless, the apparent extirpation of Preble's from historically
occupied sites in Colorado and Wyoming, and the difficulties in finding
[[Page 14095]]
it in apparently adequate habitat suggests a decline in populations of
the Preble's throughout its range. The Colorado Natural Heritage
Program (in litt. 1996) ranks Preble's as T2, imperiled globally, and
S2, imperiled in the State of Colorado.
Records for Preble's meadow jumping mouse define a historical range
including Adams, Arapahoe, Boulder, Denver, Douglas, El Paso,
Jefferson, Larimer, and Weld counties in Colorado; and Albany, Laramie,
Platte, Goshen, and Converse counties in Wyoming (Krutzsch 1954,
Compton and Hugie 1993, Carron Meaney, Denver Museum of Natural
History, pers. comm., 1996). Historical sites in Colorado were further
discussed by Meaney and Clippenger (1995) and Ryon (1995). Based on
distribution of apparently suitable habitat, the actual range may have
extended further north, south, and east. Garber (1995) discussed
historical sites from Wyoming and suggested that some historical
Preble's study skins from Wyoming may have been misidentified. He
indicated that without the skulls, positive identification was not
possible.
As one would expect, given the intensity of recent surveys for
Preble's meadow jumping mouse, many more individuals have been trapped
in the last 5 years than were historically documented in all previous
years combined. Preble's meadow jumping mouse is known to exist in four
counties in Colorado and two in Wyoming, but it is not known to be
present in five other counties in Colorado and three counties in
Wyoming where previously documented.
Colorado
A number of historical and recent records of Preble's meadow
jumping mouse exist for Boulder County; however, relatively few
individuals have been documented in recent surveys. A summary of past
records and a report of 1995 survey results was provided by Armstrong
et al. (1996). Compton and Hugie (1993) reported a single Preble's
capture, on the Van Vleet site near South Boulder Creek, resulting from
a 1992 Service-funded study of four City of Boulder Open Space sites.
One Preble's was found dead on the Van Vleet site in 1993 (Armstrong et
al. 1996). A single Preble's was captured on City of Boulder Open Space
land at Dowdy Draw (a tributary to South Boulder Creek) during 1994
surveys. In 1995, extensive surveys were conducted, through a challenge
grant cost-share agreement with the Service, to determine the presence
of Preble's on City of Boulder and Boulder County Open Space lands
supporting suitable habitat. Of 13 sites surveyed, Preble's were
captured from the Van Vleet site (14 individuals) and the Gebhard site
(9 individuals), both along South Boulder Creek (Armstrong et al.
1996). The capture of 23 Preble's in 17,800 trapnights (one trap set
for one night equals one trapnight) of effort in suspected habitat lead
to the conclusion that Preble's is not abundant in the Colorado
Piedmont of Boulder County. In 1996, one Preble's was captured on the
Van Vleet site and two on the Burke 1 site (also City of Boulder Open
Space), along South Boulder Creek, during an extensive study of
grassland biodiversity entailing 6,600 trapnights of effort (Clint
Miller, in litt. 1996). Meany and Clippenger (in litt. 1996) reported
capturing seven or eight Preble's at a Boulder County Open Space site
on St. Vrain Creek in 1996, the only captures of five Boulder County
sites they surveyed.
At Rocky Flats, Jefferson County, annual studies have taken place
since the discovery of the Preble's meadow jumping mouse there in 1991
(Harrington et al. 1996). Currently, known populations are located in
all four major drainages within the Rocky Flats buffer zone (Tom Ryon,
PTI Environmental Services, pers. comm. 1996). During the 1995 field
season, 61 Preble's meadow jumping mice were trapped at Rocky Flats
bringing the total number of individual mice trapped since 1991 to 161
(Fred Harrington, pers. comm. 1995). Estimated density of Preble's in
areas trapped during 1995 studies ranged up to 36 per hectare 9 (ha)
(15 per acre (ac)). In 1996, two Preble's were captured on Jefferson
County Open Space land near the mouth of Coal Creek Canyon west of
Rocky Flats (Chris Pague, Colorado Natural Heritage Program, pers.
comm. 1996). This is the only recent report of Preble's in Jefferson
County outside of Rocky Flats.
In 1995, seven Preble's meadow jumping mice were captured from a
site on East Plum Creek, near Larkspur, Douglas County, by Harrington
(Harrington 1995). Also in 1995, the Colorado Natural Heritage Program
located Preble's at two sites, one on East Plum Creek and one on West
Plum Creek (Carron Meaney, pers. comm. 1996). Surveys in 1996 by Meaney
and Clippenger (in litt. 1996) located Preble's at an additional site
on West Plum Creek south of Sedalia and at a site on Indian Creek (a
tributary to Plum Creek) south of Louviers. Three Douglas County sites
are on private land, with the fourth, Indian Creek, on Colorado
Division of Wildlife property.
In 1994, the Colorado Natural Heritage Program discovered the
Preble's meadow jumping mouse on Air Force Academy lands along Monument
Creek, El Paso County, while performing small mammal surveys. In
comprehensive 1995 studies, an estimated 67 individual Preble's were
captured (Corn et al. 1995). Using varying assumptions regarding
trapping results and habitat available, total population estimates for
Air Force Academy lands of 308 and 449 Preble's were generated. These
correspond to density estimates in occupied habitat of 2.00 per hectare
(0.81 per ac) and 2.92 per ha (1.18 per ac). Twenty Preble's were
captured in 1996 on private land along Smith Creek, east of the Air
Force Academy (Meaney and Clippenger, in litt. 1996). Based on recent
survey results, Air Force Academy lands and nearby private lands may
support the largest existing population of Preble's.
Wyoming
Preble's meadow jumping mice were not located at five sites within
their historical range during 1993 surveys funded by the Service
(Compton and Hugie 1994). Tony Elliott of the Wyoming Cooperative
Research Unit successfully captured two Preble's meadow jumping mice on
F.E. Warren Air Force Base, Laramie County, in the 1995 field season
(Garber 1995). Garber conducted Preble's surveys at four Wyoming sites
during the 1995 field season. He was unable to locate any Preble's on
F.E. Warren Air Force Base, but did find Preble's at two locations in
the Lodgepole Creek drainage within the Medicine Bow National Forest in
Albany County. The Colorado Natural Heritage Program surveyed for
Preble's at Warren Air Force Base in 1996 and captured 8 individuals in
2,200 trapnights of effort (Chris Pague, pers. comm. 1996).
Previous Federal Action
The Service included the Preble's meadow jumping mouse as a
(category 2) candidate species in the 1985 Animal Notice of Review (50
FR 37958) and retained that status in subsequent notice of review,
published in the Federal Register on January 6, 1989 (54 FR 554),
November 21, 1991 (56 FR 58810), and November 15, 1994 (59 FR 58982).
The Service has since discontinued the practice of maintaining a list
of category 2 species and the Preble's meadow jumping mouse did not
appear in the February 28, 1996 (61 FR 7596), notice of review.
Category 2 species were those species for which information in the
Service's possession indicated that listing was possibly appropriate,
but for
[[Page 14096]]
which substantive data on biological vulnerability and threats were not
available to support a proposed rule.
On August 16, 1994, the Service received a petition from the
Biodiversity Legal Foundation to list all known populations of the
Preble's meadow jumping mouse as endangered or threatened throughout
its range and to designate critical habitat within a reasonable amount
of time following the listing. The petitioner submitted information
that Preble's meadow jumping mouse populations in Colorado and Wyoming
are imperiled by-- ongoing and increasing urban, industrial,
agricultural, ranching, and recreational development; ongoing and
increasing wetland/riparian habitat destruction and/or modification;
small size of known populations; and inadequacy or lack of governmental
protection for the species and its habitats.
On February 27, 1995, the 90-day finding was approved. On March 15,
1995 (60 FR 13950-13952), the Service published notice of the 90-day
finding that the petition presented substantial information indicating
that listing the Preble's meadow jumping mouse may be warranted, and
requested comments and biological data on the status of the mouse.
Section 4(b)(3)(A) of the Act, as amended, requires the Secretary
of the Interior to reach a final decision on any petition accepted for
review within 12 months of the receipt of the petition. This proposal
constitutes the final finding on the petitioned action.
Summary of Factors Affecting the Species
Section 4 of the 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 a threatened or endangered species due to one or more of the five
factors described in section 4(a)(1). These factors and their
application to the Preble's meadow jumping mouse (Zapus hudsonius
preblei) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. The best indication of range
curtailment and current status is the lack of captures at historical
sites and other sites with suitable habitat within its historical
range. Since 1992, efforts to document existing populations of Preble's
meadow jumping mouse have increased commensurate with rising concern
over its status. Presence of Preble's in Colorado has been documented
in four counties--along South Boulder Creek and St. Vrain Creek
(Boulder County); within drainages at Rocky Flats and along Coal Creek
(Jefferson County); along East Plum Creek and West Plum Creek (Douglas
County); and, along Monument Creek within the Air Force Academy and
along Smith Creek (El Paso County). In Wyoming, Preble's has been
recently documented in two counties, along Crow Creek at F.E. Warren
Air Force Base (Laramie County) and in the Lodgepole Creek drainage,
within the Medicine Bow National Forest (Albany County). Documented
populations at the Air Force Academy and Rocky Flats are by far the
largest known populations. Known Wyoming populations are separated from
the closest known Colorado population by over 80 kilometers (km) (50
miles (mi)). Preble's is not known to be present in five counties in
Colorado and three counties in Wyoming where previously documented.
Researchers are concerned with the lack of captures of Preble's at
historical sites and other sites with suitable habitat within its
historical range and believe that habitat loss and fragmentation
resulting from human land uses have adversely impacted Preble's
populations, and continues to do so. Ryon (1995) evaluated the current
status of historical Preble's meadow jumping mouse capture sites in
Colorado, addressing both the mouse's presence and current habitat
conditions. No Preble's were captured when Ryon trapped six historical
sites in five counties. Ryon found the lack of captures ``disturbing''
and related absence of Preble's to changes in habitat. He concluded
that the range of Preble's has decreased, especially adjacent to or
east of the Interstate Highway 25 urban corridor.
Meaney and Clippinger (1995) reviewed aerial photographs of 9
Colorado counties and, based on habitat and other factors, selected 16
priority sites to survey for Preble's. Of these, seven sites in five
counties were surveyed in 1995, with priority given to counties
representing the boundaries of suspected Preble's range. No Preble's
were captured at these seven sites despite 6,750 trapnights of effort.
Extensive studies of public lands in Boulder County in 1995
documented Preble's on only 2 of 13 sites surveyed (Armstrong et al.
1996). Sites were selected based on documented historical presence and
perceived quality of habitat. One conclusion of the study was that
suitable habitat appeared to be present on some sites where trapping
was unsuccessful.
Compton and Hugie (1993) found it difficult to assess historical
trends and current status of Preble's due to the scarcity of
demographic data. They recommended that Preble's be federally listed as
a threatened species. However, after a largely unsuccessful search for
suitable habitat in Wyoming and unsuccessful trapping surveys for
Preble's at five sites in southeastern Wyoming in 1993, they concluded
that Preble's might be extirpated from Wyoming (Compton and Hugie
1994). Their revised recommendation was that Preble's be federally
listed as an endangered species. Garber (1995) documented Preble's
persisting at only two Wyoming sites, commented on the difficulty of
capturing Preble's on these sites, and concluded that substantial
additional work was needed to determine the status of Preble's in
Wyoming.
Recent surveys for Preble's meadow jumping mouse at a number of
additional locations in Colorado have been unsuccessful in documenting
presence. Surveys funded and carried out by the Department of the Army
at the Army's Fort Carson Military Reservation in El Paso and Pueblo
counties, resulted in no Preble's captures despite 3,311 trapnights of
effort in apparently suitable habitat (Bunn et al. 1995). Private
researchers and U.S. Department of Agriculture's Forest Service (Forest
Service) personnel found no Preble's in limited surveys of seemingly
adequate habitats within the Forest Service's Pawnee National Grassland
in northern Weld County (Fred Harrington, pers. comm. 1995).
Dozens of site surveys for Preble's meadow jumping mouse have been
conducted by environmental consultants in recent years at locations of
anticipated development. Beane (Ron Beane, MDG Inc., pers. comm. 1996)
reported conducting Preble's trapping surveys at 11 sites in 1996 with
no captures. Aside from Harrington's (1995) work on East Plum Creek,
none of these site-specific predevelopment surveys have resulted in
Preble's captures.
Decline of the Preble's meadow jumping mouse is linked to
widespread habitat alteration. Ryon (1995) commented that recent
capture sites he observed were on large, historically undisturbed lands
supporting native plant communities. Compton and Hugie (1993, 1994)
cite human activities that have adversely impacted Preble's including:
conversion of grasslands to farms; livestock grazing; water development
and management practices; and, residential and
[[Page 14097]]
commercial development. They mention the ``urban sprawl'' occurring
from Colorado Springs, Colorado, to Cheyenne, Wyoming, as a continuing
threat to remaining populations.
Some researchers hypothesize that warm season livestock grazing may
be an important cause of the decline of the Preble's meadow jumping
mouse. Compton and Hugie (1994) stated that in southeastern Wyoming
almost all private land of appropriate topography and hydrology to
support Preble's habitat was heavily grazed by livestock and that
grazing probably was the most significant factor in reducing habitat
for Preble's. Ryon (1995) cited livestock grazing as a contributor to
lack of structural habitat diversity he observed on historical Preble's
sites in Colorado. The two largest known populations of Preble's exist
on Federal properties (Rocky Flats and the Air Force Academy) where
livestock grazing is excluded.
The importance of ``late season obesity'' (the buildup of fat
reserves) in jumping mice and its positive correlation to hibernation
survival, post-hibernation development, and successful reproduction has
been well documented (Nichols and Conley 1982, Muchlinski 1980, Falk
and Millar 1987, Brown 1970). Preble's entering hibernation with low
fat reserves would be less likely to survive the winter or to
successfully breed the following spring. Late season grazing of
Preble's habitat, as well as mowing or burning, could adversely affect
Preble's by reducing the availability of food resources essential for
buildup of fat reserves.
City of Boulder Open Space lands endured intensive grazing,
farming, or haying regimes until they became part of the City of
Boulder Open Space system. Grazing and haying continue on sites
supporting Preble's, largely as land management tools. Impacts of
current management practices to Preble's and their habitats are
unknown. Given the relatively low numbers of Preble's found during
recent surveys of City of Boulder Open Space sites, continuation of any
land management practices detrimental to Preble's and their habitat may
contribute to extirpation from these sites.
Human development has produced profound changes in the hydrology of
streams flowing east from the Colorado Front Range. Water development
and management in its various forms can alter Preble's meadow jumping
mouse habitat, usually with adverse impacts. Fitzgerald et al. (1994)
stated that inundation of riparian areas to create reservoirs had
deceased available Preble's habitat. Compton and Hugie (1993) concluded
that management of water for commercial and residential use tends to
channelize and isolate water resources, and has reduced in size and
fragmented riparian habitats used by Preble's. They found development
of irrigated farmland had a negative impact on Preble's habitat, and
that any habitat creation it produced was minimal.
Water diversions and associated land use changes can impact
Preble's habitat directly, as well as through hydrologic alterations to
Preble's habitat located downstream. Corn et al. (1995) expressed
concerns regarding the hydrologic integrity of Monument Creek and its
tributaries upstream of the Air Force Academy. Flood control, through
the placement of riprap and other structural stabilization options, is
currently being considered on areas of the Smith Creek floodplain that
support Preble's.
While Rocky Flats supports one of the two largest known populations
of Preble's meadow jumping mouse and has served as a refuge for
Preble's, the future conservation of Preble's at this site is uncertain
due to possible impacts to occupied habitat. A specific threat is
potential disruption of the current hydrology by mining operations.
Alluvial aggregate extraction, often in or near riparian habitats,
continues to expand as development intensifies along the Colorado Front
Range. At Rocky Flats, there are proposals to expand existing
commercial sand and gravel extraction and processing activities in the
Rock Creek drainage both outside and within the boundary of Rocky
Flats. The Department of Energy does not control mineral rights on the
land in question. Proposed mining operations are consistent with
Jefferson County zoning. Results of ongoing hydrological studies will
be used by Jefferson County in site plan review.
Without careful planning Preble's meadow jumping mouse habitats
could be impacted by the Department of Energy's planned bioremediation
(the detoxification of toxic substances using biological agents) and
hazardous contaminant cleanup, associated water management practices
designed to contain hazardous materials spills and prevent their
migration offsite, and dam safety and maintenance activities.
The Colorado Piedmont east of the Front Range and adjacent areas of
southeastern Wyoming have changed from predominantly prairie habitat
intermixed with perennial and intermittent streams and associated
riparian habitats, to a more agricultural and urban setting with
grazing, residential, commercial, industrial, and recreational
development. The Colorado Front Range urban corridor represents only
about 4 percent of the State's land area but supports 80 percent of its
population (Wright 1993). Unfortunately, the area of development
corresponds almost directly to known Preble's meadow jumping mouse
range. Fueled by human population increases (another 1 million people
estimated by 2020), development in this area continues at an
unprecedented rate. The results are destruction, modification, and
encroachment upon Preble's habitat and, with ever increasing real
estate pressure, an increase in the vulnerability of the species to
vandalism or intentional destruction of its habitat.
Residential and commercial development, accompanied by highway and
bridge construction, and instream alterations to implement flood
control, directly removes Preble's meadow jumping mouse habitat, or
reduces, alters, fragments, and isolates habitat to the point where
Preble's can no longer persist. At some historical capture sites,
habitat appears intact, but isolation has probably rendered the sites
unsuitable for Preble's (Ryon 1995). Bailey (1926) observed that
jumping mice avoid roads and runways. Roads, trails, or other linear
development through Preble's habitat may act as barriers to movement.
Corn et al. (1995) proposed that a 100 m (328 ft) buffer of unaltered
habitat be established to protect the floodplain of Monument Creek from
a range of human activities that might adversely Affect Preble's or its
habitat.
Development and heavy use of trails within occupied Preble's
habitats may impact the species by destroying its habitat, nests, and
food resources, or by disrupting behavior. Recreational trail systems
have been established or are proposed along may riparian corridors
within Preble's range. Heavily used recreational trails currently exist
on City of Boulder Open Space lands, including sites that support
Preble's. Based on information received by the Service's Colorado Field
Office, a new paved trail is currently proposed by the City of Boulder
within the Burke 1 and Gephard sites along South Boulder Creek.
Habitat alteration may in turn encourage invasion of weeds. While
little is known regarding impact of invasive, nonnative vegetation on
Preble's, Ryon (1995) expressed concern and Garber (1995) stated that
this may represent one of the most serious problems facing the mouse.
Corn et al. (1995) discussed both the problem of invasive weeds and the
potential problem of weed control programs impacting Preble's habitat.
[[Page 14098]]
Patterns of capture suggest that populations may fluctuate over
time at occupied sites, raising questions regarding status of
documented populations. This report is based on the best scientific
data currently available. In that context, Preble's appears to have
undergone a significant decline in range. As the summary above
demonstrates, a large number of known and potential threats to its
continued existence have been documented.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. The Preble's meadow jumping mouse has no known
commercial or recreational value. Scientific and educational collecting
has not been widespread over the past century. Overutilization is not
currently thought to contribute to decline in the mouse's populations.
C. Disease or predation. The Preble's meadow jumping mouse, as well
as other native rodents, carries parasites and diseases that may reduce
vigor, curtail reproductive success, and cause death. There is no
evidence that epizootic disease has caused significant impact to
Preble's. While plague is regularly found in other rodent species
within Preble's range, its impact to Preble's populations is not known.
Predation on the Preble's meadow jumping mouse has always existed
as a naturally occurring association between predator and prey. While
evidence is scant, human development may have altered this
relationship. Armstrong et al. (1996) recommended studies be conducted
on influences of the suburban environment and associated densities of
species such as striped skunk (Mephitis mephitis), raccoon (Procyon
lotor), and the domestic cat (Felis catus) on Preble's. Free-ranging
domestic cats may locally present a problem to Preble's. Corn et al.
(1995) recommended a 1.5 km (.9 mi) setback of housing development from
Preble's habitat to exclude predation by ``house cats.'' As an
alternative they suggested a strict prohibition on cats. More
information is needed about the effects from predation by domestic and
feral cats, and perhaps dogs (Canis familiaris), on Preble's.
D. The inadequacy of existing regulatory mechanisms. The decline of
the Preble's meadow jumping mouse is partially due to the inherent
weakness of the existing laws and regulations that could serve to
protect Preble's and their habitat. Relevant Federal laws include the
Clean Water Act, Endangered Species Act, Federal Power Act, Fish and
Wildlife Coordination Act, Food Security Act, and National
Environmental Policy Act. Federal regulations and policies have limited
protection authority and scope since Preble's is not a federally
proposed or listed species. These statutes only recommend, not require,
that projects carried out, funded, or permitted by the Federal
government attempt to mitigate impacts to species of special concern.
Colorado Division of Wildlife Regulations (Chapter 10, Article IV)
classify Z. hudsonius the as a ``nongame'' species. This designation
means that permits must be obtained for take of Preble's meadow jumping
mouse related to scientific, educational, or rehabilitation purposes.
Preble's is a ``species of special concern'' in Colorado; however, this
is not a statutory designation. In Wyoming, the Wyoming Game and Fish
Department has classified Z. hudsonius as a nongame species protected
under Wyoming Game and Fish Department Nongame Wildlife Regulations
promulgated by WF23-1-103 and 23-1-302. This designation protects
Preble's from takings and sales by only issuing permits for the purpose
of scientific collection. While the above regulations limit the taking
of Preble's, they provide no measures to protect the habitats critical
to the survival of the species. State listing encourages State agencies
to allocate funds and exercise authority to achieve recovery, stimulate
research, and allow redirection of priorities within State natural
resource departments. However, without additional measures to protect
habitat, such State laws are generally inadequate. There are no known
regional or local laws, regulations, or ordinances that specifically
protect Preble's or its habitat from inadvertent or intentional adverse
impacts.
E. Other natural or manmade factors affecting its continued
existence. Use of pesticides and herbicides has undoubtably increased
across known Preble's range as human land use has intensified. These
chemicals could directly poison Preble's or they may be ingested
through contaminated food or water. Specific impacts to Preble's from
pesticides and herbicides are not currently known. Intensive human
development creates a range of additional environmental impacts
(including but not limited to noise, and the degradation of air and
water quality) that could alter Preble's behavior, increase the levels
of stress, and ultimately contribute to loss of vigor or death of
individuals, and extirpation of populations.
In summary, the Preble's meadow jumping mouse has seriously
declined from historic levels to a point where only four counties in
Colorado and two in Wyoming are known to support Preble's populations.
Based on numbers of Preble's, extent of suitable habitat, and land
ownership, Rocky Flats and the Air Force Academy appear to be the sites
with the greatest potential for maintaining Preble's. Riparian habitats
required to support Preble's have been severely modified or destroyed
by human development in many areas east of the Colorado Front Range and
in southeastern Wyoming. With current human population increases, the
loss and modification of riparian habitat continues unabated. Existing
regulations have proven to be inadequate to protect Preble's, as
witnessed by its documented decline and the continued destruction and
modification of its habitats.
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
Preble's meadow jumping mouse as an endangered species. The Service has
determined that the Preble's meadow jumping mouse is in danger of
extinction throughout all or a significant portion of its range and
therefore meets the requirements to be listed as endangered. On
September 5, 1995, the Preble's meadow jumping mouse was determined by
the Service to have a listing priority of three. This priority
emphasizes the need of this species to be protected under the Act.
Following publication of the proposed rule in the Federal Register,
peer review by appropriate experts will occur. Responses from the peer
review process will be incorporated into any final rule for listing
Preble's meadow jumping mouse. Critical habitat is not being proposed
for the reasons stated below.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (i) the
specific areas within the geographical area occupied by the 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
[[Page 14099]]
which listing under the Act is no longer necessary.
The Service finds that critical habitat is not prudent for Preble's
meadow jumping mouse. 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 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.
Listing of the Preble's meadow jumping mouse as an endangered
species publicizes the present vulnerability of this species and, thus,
can be reasonably expected to increase the threat of vandalism or
intentional destruction of the species habitat. In light of the
vulnerability of this species to vandalism or the intentional
destruction of its habitat, publication of maps providing its precise
locations within increasingly developing urban areas and descriptions
of critical habitat, as required for the designation of critical
habitat, would reasonably be expected to increase the degree of threat
to the species, increase the difficulties of enforcement, and further
contribute to the decline of Preble's meadow jumping mouse.
Preble's meadow jumping mouse would not benefit from the
designation of critical habitat. The Service determines that any
potential benefits beyond those afforded by listing, when weighted
against the negative impacts of disclosing site-specific location, does
not yield an overall benefit and is therefore not prudent.
Protection of the habitat of the species will be addressed through
the Act's recovery process and section 7 consultation process. Four of
the remaining populations are located on Federal lands administered by
the Department of Defense, the Department of Energy and the U.S. Forest
Service. These Federal agencies are aware of the species' occurrence at
these sites and the requirement to consult with the Service to ensure
that any actions Federally authorized, funded or carried out do not
jeopardize the continued existence of an endangered or threatened
species. Therefore, the Service finds that designation of critical
habitat for this species is not prudent, for such designation would
reasonably increase the degree of threat from vandalism 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 Preble's meadow jumping mouse biology and ecology, including
essential habitat characteristics, current and historic distribution,
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 conservation agreements with the State, other
Federal agencies, local governments, and private landowners and
organizations.
Available Conservation Measures
Conservation measures provided to a species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions 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, 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 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
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 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.
The Preble's meadow jumping mouse occurs on lands administered by
the Air Force, Department of Energy, U.S. Forest Service, Colorado
Division of Wildlife, Boulder County, Jefferson County, City of
Boulder, and on private lands. For Federal lands where Preble's meadow
jumping mice occur, the Act would require the appropriate land
management agency to evaluate potential impacts to Preble's meadow
jumping mice that may result from activities they authorize or permit.
The Act requires consultation under section 7 of the Act for activities
on Federal, State, county, or private lands, including tribal lands,
that may impact the survival and recovery of Preble's, if such
activities are funded, authorized, carried out, or permitted by Federal
agencies. The Federal agencies that may be involved as a result of this
proposed rule include the Service, Department of Energy, Forest
Service, U.S. Army Corps of Engineers, Natural Resources Conservation
Service, Bureau of Land Management, Agricultural Stabilization and
Conservation Service, Bureau of Reclamation, Department of the Army,
Department of the Air Force, Office of Surface Mining, Western Area
Power Administration, Rural Electrification Administration, Federal
Energy Regulatory Commission, Department of Housing and Urban
Development, Federal Highway Commission, and Environmental Protection
Agency. Federally listing the Preble's meadow jumping mouse will
require these agencies to consider potential impacts to Preble's prior
to approval of any activity authorized or permitted by them (e.g.,
Clean Water Act's section 404 permits, grazing management, military
maneuvers, bioremediation and hazardous materials cleanup, mining
permitting and expansion, highway construction, etc.).
Federal agency actions that may require conference and/or
consultation as described in the preceding paragraph include--removing,
thinning or altering vegetation; implementing livestock grazing
management that alters vegetation during warm seasons; construction of
roads or hiking/biking trails along or through riparian areas;
channelization and other alteration of perennial and intermittent
streams and their hydrological regimes for flood control and other
water management purposes; permanent and temporary damming of streams
to create water storage reservoirs or deviate the stream's course;
human activities in or near Preble's meadow jumping mouse habitats;
construction of residential, commercial, and industrial
[[Page 14100]]
developments, including roads, bridges, public utilities and telephone
lines, pipelines, and other structures; bioremediation and hazardous
materials management, containment, and cleanup efforts such as those at
Rocky Flats; and, sand and gravel and other types of mining activities
within or upstream of Preble's meadow jumping mouse habitats.
The Act and 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
(including harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect; or 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 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 conservation agencies.
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 incidental take in connection with
otherwise lawful activities.
Requests for copies of the regulations regarding listed wildlife
and inquiries about prohibitions and permits may be addressed to U.S.
Fish and Wildlife Service, P.O. Box 25486, Denver Federal Center,
Denver, Colorado 80225 (telephone 303/236-8155, Facsimile 303/236-
8192).
The Service adopted a policy 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
actions will not result in a violation of section 9, provided these
activities are carried out in accordance with existing regulations and
permit requirements:
(1) Activities authorized, funded, or carried out by Federal
agencies (e.g., grazing management, agricultural conversions, wetland
and riparian habitat modification, flood and erosion control, mineral
and housing development, recreational trail development, road and dam
construction, hazardous material containment and cleanup activities,
prescribed burns, pest control activities, pipelines or utility lines
crossing riparian/wet meadow habitats, logging, military maneuvers and
training) when such activity is conducted in accordance with any
incidental take statement prepared by the Service in accordance with
section 7 of the Act;
(2) Activities such as grazing management, flood and erosion
control, agricultural conversions, wetland and riparian habitat
modification, mineral and housing development, road and dam
construction, recreational trail development, hazardous material
containment and cleanup activities, prescribed burns, pest control
activities, pipelines or utility lines crossing riparian/wet meadow
habitats, logging, military maneuvers and training when such activity
does not occur in habitats suitable for the survival and recovery of
the Preble's meadow jumping mouse, do not alter downstream hydrology or
riparian habitat supporting Preble's, and do not result in actual death
or injury to the species by significantly modifying essential
behavioral patterns;
(3) Within the hibernating period and outside denning areas,
controlled burns and mowing, or other activities that alter the
Preble's meadow jumping mouse food sources. The period when mowing and
burning activities would not impact the Preble's meadow jumping mouse
nourishment may vary at specific locations, but would usually fall
between October 15 and April 15 of every year;
(4) Human activities undertaken on foot or horseback at breeding,
feeding, and hibernating sites that are non-invasive to the Preble's
meadow jumping mouse (e.g., waterfowl hunting, bird watching,
sightseeing, photography, camping, hiking); and,
(5) Application of pesticides in areas that do not drain into
Preble's meadow jumping mouse habitats.
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 of the species;
(2) Activities that directly or indirectly result in the actual
death or injury death of Preble's meadow jumping mice, or that modify
the known habitat of the species by significantly modifying essential
behavioral patterns (e.g., plowing; conversion of wet meadow or
riparian habitats to residential, commercial, industrial, recreational
areas, or cropland; overgrazing; road and trail construction; water
development or impoundment; mineral extraction or processing; off-
highway vehicle use; and, hazardous material cleanup or
bioremediation).
Questions regarding whether specific activities, such as changes in
land use, will constitute a violation of section 9 should be directed
to the Colorado Field Office (see ADDRESSES section).
The prohibition against intentional and unintentional ``take'' of
listed species applies to all landowners regardless of whether or not
their lands are within critical habitat (see 16 U.S.C. 1538(a)(1),
1532(1a) and 50 CFR 17.3). Section 10(a)(1)(B) authorizes the Service
to issue permits for the taking of listed species incidental to
otherwise lawful activities such as agriculture, surface mining, and
urban development. Take permits authorized under section 10 must be
supported by a habitat conservation plan (HCP) that identifies
conservation measures that the permittee agrees to implement to
conserve the species. A key element of the Service's review of an HCP
is a determination of the plan's effect upon the long-term conservation
of the species. The Service would approve an HCP, and issue a section
10(a)(1)(B) permit if the plan would minimize and mitigate the impacts
of the taking and would not appreciably reduce the likelihood of the
survival and recovery of that species in the wild.
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 reason 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 species;
(4) Current or planned activities in the subject area and their
possible impacts on this species;
(5) Information regarding Preble's meadow jumping mouse ecology and
[[Page 14101]]
habitat requirements and preferences (e.g., preferential use, daily
routines, night activities, site fidelity);
(6) Biological or physical elements that best describe Preble's
habitat, that could be considered critical for the conservation of the
species (e.g., colonies, hibernation, vegetation, food, topography);
(7) Possible alternative recreational, grazing, or farming
practices that will reduce or eliminate the take of Preble's or their
habitats (e.g., moderate grazing regimes); and,
(8) Other management strategies that will conserve the species
throughout its range.
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 addressed to the Colorado Field Supervisor, see
ADDRESSES section.
National Environmental Policy Act
The 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. This rulemaking was not subject to review by the Office
of Management and Budget under Executive Order 12866.
References Cited
A complete list of all references cited is available upon request
from the Colorado Field Office (see ADDRESSES above).
Author
The primary author of this document is Peter Plage of the Colorado
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.
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. It is proposed to 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 where When Critical Special
Historic range endangered or Status listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Mouse, Preble's meadow jumping.... Zapus hudsonius U.S.A. (CO, WY)...... ......do............ E ......... NA NA
preblei.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: March 7, 1997.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-7428 Filed 3-24-97; 8:45 am]
BILLING CODE 4310-55-P
