Endangered and Threatened Wildlife and Plants; Proposal to List the St. Andrew Beach Mouse as Endangered

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE41

Endangered and Threatened Wildlife and Plants; Proposal to List

the St. Andrew Beach Mouse as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes endangered

status for the St. Andrew Beach Mouse (Peromyscus polionotus

peninsularis) pursuant to the Endangered Species Act of 1973, as

amended (Act). This subspecies is restricted to coastal sand dunes and

had a historic distribution that included the northeast Florida

panhandle from Gulf County into portions of Bay County. Its current

range is limited to a portion of the St. Joseph Peninsula in Gulf

County. Habitat impacts causing loss of mice and the species' local

capability to recover from such impacts are primarily responsible for

the range curtailment. Threats to beach mouse habitat include severe

storms, coastal land development and its associated activities, and

non-storm related, natural shoreline erosion. Additional threats

include predation by free-ranging domestic cats and displacement by

house mice. This proposal, if made final, would implement the

protection provisions provided by the Act for this beach mouse.

DATES: Comments from all interested parties must be received by

December 16, 1997. Public hearing requests must be received by December

1, 1997.

ADDRESSES: Comments and materials concerning this proposal should be

sent to Michael M. Bentzien, Assistant Field Supervisor, U.S. Fish and

Wildlife Service, 6620 Southpoint Drive South, Suite 310, Jacksonville,

Florida 32216. Comments and materials received will be available for

public inspection, by appointment, during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT: Dr. Michael M. Bentzien, at the above

address (telephone 904/232-2580, ext. 106; facsimile 904/232-2404).

SUPPLEMENTARY INFORMATION:

Background

The oldfield mouse (Peromyscus polionotus) occurs in northeastern

Mississippi, Alabama, Georgia, South Carolina, and Florida. Beach mice

are coastal subspecies of the oldfield mouse restricted to beach and

sand dune habitat. Hall (1981) recognized eight coastal subspecies

whose common distinguishing characteristics include white feet, large

ears, and large black eyes. Their fur is variously patterned in shades

of white, yellow, brown, and grey. The head, back, and rump are darkly

patterned, though to a lighter and less extensive degree than inland

oldfield mice. The all-white underparts extend higher up to the sides

than on the inland subspecies (Sumner 1926, Bowen 1968). Howell (1939)

described the type (original) specimen of the St. Andrew beach mouse as

having a very pale, buff-colored head and back with extensive white

coloration underneath and along the sides. Bowen (1968) noted two

distinct rump color pigmentations, one a tapered and the other a

squared pattern, which extended to the thighs. Head and body lengths

average 75 millimeters (mm) (2.95 inches (in)), tail mean length 52 mm

(2.05 in), and hind foot mean length 18.5 mm (0.73 in) (James 1992).

Beach mice subspecies historically occurred on both the Atlantic

Coast of Florida from St. Johns through Broward counties and the

eastern Gulf of Mexico from Gulf County, Florida, to Baldwin County,

Alabama (Ivey 1949, Bowen 1968, James 1992, Stout 1992, Gore and

Schaefer 1993). The St. Andrew beach mouse is the easternmost of the

five Gulf coast subspecies. Howell (1939) collected the type specimen

at St. Andrew Point on Crooked Island, Tyndall Air Force Base, Bay

County, Florida (type locality). Other historic collection records for

the subspecies include nine additional specimens from the type

locality, seven mice from St. Joseph Point and four mice from Cape San

Blas on the St. Joseph Peninsula in Gulf County, 48 individuals at or

near the town of Port St. Joe located on the central Gulf County

coastal mainland, and four specimens near Money Bayou in eastern Gulf

County (Bowen 1968). Based on these records, Bowen (1968) and James

(1992) described the former range of the St. Andrew beach mouse as

likely extending from the St. Joseph Spit (Peninsula) northwest along

the coastal mainland adjacent to St. Joseph Bay, to Crooked Island at

the East Pass of St. Andrews Bay. This range also included about 0.6

kilometer (km) (1 mile (mi)) of mainland sand dune habitat east of the

landward end of the St. Joseph Peninsula to Money Bayou on the Gulf of

Mexico. The absence of past collection records and lack of beach mouse

sign and trapping success in the area east of Money Bayou to the

southeastern corner of Gulf County (James 1987; J. Gore, Florida Game

and Fresh Water Fish Commission, in litt. 1994) suggest that this area

may not be part of the subspecies' historic range.

Coastal tidal marsh and upland habitat between the mainland city of

Port St. Joe and the St. Joseph Peninsula naturally divided the former

range of the St. Andrew beach mouse into two segments. Initial genetic

analysis of a small sample of mice from these segments and another

subspecies, the Choctawhatchee beach mouse (P. polionotus allophrys),

from nearby habitat found similarities between the Crooked Island and

St. Joseph Peninsula samples at one gene location (locus). The Crooked

Island sample was distinctly different from the Choctawhatchee beach

mouse sample at the same locus. Additional work is needed to determine

if these patterns are consistent at several loci (Moyers 1997).

Typical beach mouse habitat generally consists of several rows of

sand dunes paralleling the shoreline. Prevailing wind, beach sand, and

vegetation combine to form and shape coastal dunes. A common complex of

animal species, vegetation, and habitat types characterize the coastal

sand dune ecosystem. The types and amount of animals, vegetation, and

habitat may differ, however, among specific sites. The common types of

sand dune habitat include frontal dunes, primary dunes, secondary

dunes, inter and intradunal swales, and scrub dunes. Frontal dunes and

primary dunes are those closest to

[[Page 54029]]

the shoreline, most recently formed, and highly dynamic. The foreslope

of primary dunes grades into the developing frontal dunes on the open

beach. Frontal dunes on the Gulf Coast are sparsely vegetated, usually

by sea oats (Uniola paniculata), bluestem (Schizachyrium maritimum),

beach grass (Panicum amarum), and sea rocket (Cakile constricta).

Primary dunes also support stands of these species and include other

broad-leaved plants such as seaside pennywort (Hydrocotyle

bonariensis), seashore elder (Iva imbricata), and beach morning glory

(Ipomea stolonifera) (Clewell 1985). Secondary dunes consist of one or

more dune lines landward of the primary dune with a similar though

denser vegetative cover. Interdunal swales are wet or dry depressions

between primary and secondary dunes while intradunal swales occur

within primary dunes as a result of wave action, storm surges, and wind

erosion. Wet swales are those whose water table is at or near the

surface. Swale vegetation includes plants found on primary and

secondary dunes as well as salt meadow cordgrass (Spartina patens),

rushes (Juncus sp.), sedges (Cyperus sp.), and saltgrass (Distichlis

spicata). Scrub dunes are the oldest of the dune habitat types and are

dominated by woody plants including saw palmetto (Serenoa repens),

myrtle oak (Quercus myrtifolia), sand live oak (Q. geminata), sand pine

(Pinus clausa), slash pine (P. elliottii), seaside rosemary (Ceratiola

ericoides), greenbrier (Smilax sp.), and bush goldenrod (Chrysoma

pauciflosculosa). Reindeer moss (Cladonia leporina) often covers

otherwise bare dune surfaces. Some primary and secondary dune

vegetation is also present but at reduced densities (Blair 1951, Gibson

and Looney 1992). Size and density of understory and overstory

vegetation may vary.

Trap surveys at Crooked Island and on the St. Joseph Peninsula

documented the presence of St. Andrew beach mouse on frontal dunes, as

well as on primary and secondary dunes (James 1987; Gore in litt. 1990,

1994; Bates 1992, Moyers et al. 1996, Mitchell et al. 1997). These

results supported other surveys which found that the greatest

concentration of most other beach mice subspecies occurred in these

habitat types (Blair 1951, Hill 1989, Frank and Humphrey 1992, Holler

1992). This concentration is due in part to a predominance of plants

whose seeds and fruits are important seasonal constituents of beach

mouse diets (Moyers 1996).

Although beach mice occur on interdunal and intradunal swales,

studies of other beach mouse subspecies indicate that, in general, they

use this habitat type less frequently when compared to frontal,

primary, and secondary dunes (Blair 1951, Hill 1989, Gore and Schaefer

1993, Novak 1997). James (1987) only rarely observed St. Andrew beach

mouse tracks in the interdunal areas within St. Joseph Peninsula State

Park (SJPSP), located within the northern 15 km (9 mi) of the

peninsula.

Various researchers have also documented the occurrence of other

beach mouse subspecies within scrub dunes (Extine and Stout 1987, Hill

1989, Rave and Holler 1992, Gore and Schaefer 1993, Swilling et al.

1996, Moyers et al. 1996, Novak 1997). Blair (1951) believed that the

scrub dunes on Santa Rosa Island offered abundant food and cover for

the Santa Rosa beach mouse (P. p. leucocephalus). Scrub dunes may also

function as refugia during and after storms and as a source for

recolonization of storm-damaged dunes (Moyers et al. 1996, Swilling et

al. 1996). Their use by the St. Andrew beach mouse is not well

documented. James (1987) noted the absence of tracks in scrub dunes

within SJPSP, although she did collect mice in 1986 from well-vegetated

back dunes on Crooked Island (James 1992). Moyers et al. (1996)

captured beach mice within SJPSP in secondary dunes immediately

adjacent to scrub dunes.

Based on a study of other Gulf coast subspecies that included

habitat conditions following Hurricane Frederick, Meyers (1983)

reported that the minimum post-storm area needed to allow beach mice to

persist was 50 hectares (ha) (124 acres (ac)). He also determined that

a habitat size from 100 to 200 ha (247 to 494 ac) supporting a

population of 127 mice was optimal for that population to recover from

habitat impacts produced by a storm of comparable intensity. Meyer's

figures should be used with caution, however, since he did not know

pre-storm habitat conditions or population numbers within the study

area.

Beach mouse populations can at times undergo great seasonal

variations in numbers (Bowen 1968, Extine and Stout 1987). Prior to

human disturbance, hurricanes and tropical storms likely were the

dominant factors producing rapid and possible widespread impacts on

beach mice and their habitat. Because the St. Andrew beach mouse

evolved under adverse weather conditions, the subspecies developed the

capability to survive and recover from these periodic severe impacts to

its numbers and habitat. During this century, however, more rapid land

development, dune encroachment by pedestrians and vehicles, and

military activities began to contribute to these impacts (James 1992).

Bowen (1968) was unable to collect beach mice from one or more historic

sites during a 1961 field trip. Hurricane Eloise split Crooked Island

into east and west segments in 1975, and multiple attempts to collect

beach mice from the western segment during the early and mid-1980's

were unsuccessful (Gore in litt. 1987). During this same period, trap

surveys collected small numbers of beach mice on the eastern segment.

Limited trap and track surveys during the late 1980's found no evidence

of beach mice within undeveloped coastal mainland habitat between

Crooked Island and Money Bayou, as well as on the St. Joseph Peninsula

from near the southern border of SJPSP through Cape San Blas to the

northeastern end of the peninsula (Gore in litt. 1990, James 1987).

Both surveys revealed that mice still existed on Crooked Island East

and also occurred within SJPSP. Gore collected 3.6 mice per 100 trap

nights during his 1989 survey within the park. Based on her survey

results, James (1992) estimated the Crooked Island East population at

150 mice and the population within SJPSP at 500 mice. Gore speculated

that the range wide population at its lowest contained several hundred

mice.

Extensive surveying of primary, secondary, and scrub dune habitat

on Crooked Island East during the 1990's revealed that the beach mouse

population there no longer existed (Gore in litt. 1994, Holler in litt.

1994). Similar efforts at Cape San Blas on Eglin Air Force Base and

U.S. Coast Guard properties yielded no mice (Gore in litt. 1994). Bates

(1992) did capture 338 separate individuals within SJPSP at a rate of

26.64 mice per 100 trap nights. In 1993 and 1994, Gore (in litt. 1994)

again sampled habitat between SJPSP and Cape San Blas and trapped nine

beach mice for a capture rate of 7.56 mice per 100 trap nights. Based

on the survey findings to date, Gore (in litt 1994, 1995) assumed that

the St. Andrew beach mouse was then restricted to the northern 20 to 25

km (12.5 to 15.5 mi) of the St. Joseph Peninsula.

In October 1995, Hurricane Opal caused extensive coastal damage to

the Florida panhandle. Habitat impacts within the St. Joseph Peninsula

appeared more extensive outside SJPSP boundaries (Gore in litt. 1995).

Using an average density estimate of 2.5 mice per hectare, Gore (in

litt. 1995) calculated that the total population of St. Andrew beach

mice remaining after the storm was around 190 individuals. Moyers et

al. (1996) trapped a total of about 5.25 km (3 mi) of habitat

throughout SJPSP

[[Page 54030]]

in December 1995 and captured 62 individuals for a rate of 3.44 mice

per 100 trap nights. They estimated the population size within the

sampled area at 127, a figure which compared favorably to Gore's post-

hurricane estimate. Moyers (1996a) later collected an additional 11

mice on William J. Rish State Park and on some private parcels within

the St. Joseph Peninsula immediately south of SJPSP. The most recent

trap survey within SJPSP (February 1997) collected 117 mice for a

capture rate of 9.00 mice per 100 trap nights (Mitchell et al. 1997).

They estimated that SJPSP currently may support between 300 and 500

mice. The estimate represents a significant increase over the 1995

post-Hurricane Opal survey and is comparable to the last pre-Hurricane

Opal survey within the park (Bates 1992).

In addition to habitat impacts, other factors believed to

potentially threaten the continued existence of the St. Andrew beach

mouse are predation, particularly by free-ranging domestic cats (Felis

silvestris) and non-native coyotes (Canis latrans), and displacement by

house mice (Mus musculus).

Previous Federal Action

The Service included the St. Andrew beach mouse as a category 2

species in its September 18, 1985, notice of review of vertebrate

wildlife (50 FR 37958). At that time, category 2 species were defined

as those for which information in possession of the Service indicated

that proposing to list as endangered or threatened was possibly

appropriate, but for which conclusive data on biological vulnerability

and threat(s) were not currently available to support a proposed rule.

The Service published an updated, combined animal notice of review

(ANOR) on January 6, 1989, which retained the species' category 2

classification (54 FR 554). In the November 21, 1991, ANOR update, the

St. Andrew beach mouse was designated a candidate for listing (56 FR

58804). The Service retained this classification in the November 15,

1994, ANOR (59 FR 59020) and in the most recent notice of review

published on February 28, 1996 (61 FR 7596).

The processing of this proposed rule conforms with the Service's

fiscal year 1997 listing priority guidance published in the Federal

Register on December 5, 1996 (61 FR 64475). The guidance calls for

giving highest priority to handling emergency situations (Tier 1) and

second highest priority (Tier 2) to resolving the status of outstanding

proposed listings. Third priority (Tier 3) is given to resolving the

conservation status of candidate species and processing administrative

findings on petitions to add species to the lists or reclassify

threatened species to endangered status. The processing of this

proposed rule falls under Tier 3. At this time, the Southeast Region

has no pending Tier 1 actions and is near completion of its pending

Tier 2 actions. Additionally, the guidance states that ``effective

April 1, 1997, the Service will concurrently undertake all of the

activities included in Tiers 1, 2, and 3'' (61 FR 64480).

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act and regulations (50 CFR

part 424) promulgated to implement the listing provisions of the Act

set forth the procedures for adding species to the Federal lists. A

species may be determined to be an endangered or threatened species due

to one or more of the five factors described in section 4(a)(1). These

factors and their application to the St. Andrew beach mouse (Peromyscus

polionotus peninsularis) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment

of Its Habitat or Range

Using historic topographic maps and their habitat references, the

Service calculated that 66 km (41 mi) of the estimated 86 km (53.5 mi)

of linear area within the historic range of the St. Andrew beach mouse

contained sand dune habitat. From field surveys, Gore (in litt. 1994,

1995) estimated the amount of recently occupied habitat to be between

20 and 23 km (14.3 to 12.5 mi), all within the northern two-thirds of

the St. Joseph Peninsula. This represents up to a 68 percent

curtailment of historic sand dune habitat within the subspecies' former

range.

Natural events and manmade activities that have impacted the St.

Andrew beach mouse and its habitat include severe storms, land

development, military exercises on Crooked Island, dune encroachment by

vehicles and pedestrians, and non-storm related shoreline erosion.

Between 1871 and 1995, nearly 50 hurricanes or tropical storms occurred

within 90 mi of St. Joe Bay, which is about midway within the historic

range of the species. In this century, storm strength, proximity to the

historic range, and degree of habitat impact have been especially

intense during the last 30 years (Doehring et al. 1994). In 1975,

Hurricane Eloise breached Crooked Island, dividing it into two segments

and severely eroding and fragmenting dunes, particularly within the

newly-formed western segment (R. Bates, pers. comm. 1995). In 1985,

Hurricane Kate scoured dunes within the entire range of the St. Andrew

beach mouse. These storms caused extensive blowouts in the high dunes

throughout the St. Joseph Peninsula (James 1992). In 1995, Hurricane

Opal, which made landfall 85 mi west of St. Joe Bay, severely damaged

and fragmented frontal and primary sand dunes within the historic range

of the beach mouse. The most seriously impacted areas were the

unoccupied habitat from Crooked Island to Mexico Beach. Gore (in litt.

1995) estimated an average loss of 52 percent of occupied area within

the St. Joseph Peninsula, with the greatest impacts occurring south of

SJPSP. Although the population within the SJPSP has since recovered,

the Service believes that, coupled with additional land development,

consecutive years of severe weather or a single season of intense

storms over or in close proximity to currently occupied habitat may

result in extinction of the subspecies.

Land development has been primarily responsible for the permanent

loss of St. Andrew beach mouse habitat. Historic maps suggest that

earlier construction of State Road 98 and incorporated development from

the vicinity of Port St. Joe to Mexico Beach occurred within one or

more types of coastal sand dune habitat. Little or no suitable habitat

currently occurs at the seaward side of some of these incorporated

areas (J. Danford, Gulf County Division of Solid Waste, pers. comm.

1997). This density of development also tends to fragment remaining

undeveloped habitat. Meyers (1983) believed that intense development

could act as a barrier to migration, isolating mice within these

habitat segments and making them more vulnerable to local extinction

from one or more threats. Neither Gore (in litt. 1990) nor James (1987)

found evidence of beach mice within these fragmented parcels located

along the coast between Port St. Joe and Mexico Beach. The current

status of beach mice within these parcels is unknown.

Gore (in litt. 1994) ranked continued habitat loss on the St.

Joseph Peninsula as one of the most serious long-term threats to the

St. Andrew beach mouse outside of the State parks. He attributed beach

mouse presence in the area between SJPSP and Cape San Blas in 1994 to

the relatively low density of housing compared to mainland areas, and

the apparent low threat from free-ranging domestic cats, which he

believed was related to the primary use

[[Page 54031]]

of the residences as vacation homes. In addition, most structures are

set back from the frontal and primary dune lines. Since 1994,

additional construction has occurred in this area, as well as within

unoccupied habitat on the remainder of the peninsula (J. Danford, pers.

comm. 1997). The construction has proceeded despite the unavailability

of federally financed loans or flood insurance (see factor D). The

Service believes that continued construction may result in intense

development of secondary and scrub dunes, resulting in the severe

fragmentation or loss of these habitat types. These areas are known to

be important to other beach mice subspecies (see ``Background''

section). Intense impacts to these habitat types, coupled with severe

storms affecting frontal and primary dunes, may contribute to the

extinction of the St. Andrew beach mouse. Gulf County has constructed

snow fencing and planted dune vegetation to restore frontal and primary

dunes on the St. Joseph Peninsula and elsewhere damaged as a result of

Hurricane Opal (J. Danford, pers. comm. 1997).

Other human activities impact beach mouse habitat. Gore (in litt.

1994) described the sand dunes east of Cape San Blas as having little

vegetation and generally in poor quality. He attributed this situation

to a combination of storm damage exacerbated by vehicular traffic on

the beach. Although Gulf County has updated its beach driving ordinance

in an attempt to eliminate dune impacts on the St. Joseph Peninsula

(Gulf County Commission 1997), some areas continue to have problems

with dune encroachment by all-terrain vehicles (D. Wibberg, Office of

the Gulf County Board of Commissioners, pers. comm. 1997). Prior to

1985, trial exercises with military hovercraft contributed to habitat

degradation on Crooked Island (James 1992). The Department of Defense

has since discontinued this practice (R. Bates, Tyndall Air Force Base,

pers. comm. 1995) and is restoring dune habitat and funding

translocation of beach mice onto Crooked Island.

Severe natural erosion within a section of beach north of Cape San

Blas, primarily within U.S. Coast Guard property on the St. Joseph

Peninsula, has resulted in the loss of frontal, primary, and secondary

dunes (Gore in litt. 1994). Sporadic natural shoreline erosion of

frontal and primary dunes is also occurring north of this area to

SJPSP, as well as between Cape San Blas and Money Bayou. The principal

effect in the area of severe erosion has been to isolate occupied

habitat on the northern peninsula from unoccupied habitat between Cape

San Blas and Money Bayou. The additional natural erosion has resulted

in some habitat fragmentation.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

This factor is not now known to be applicable.

C. Disease or Predation

The impact of parasites and pathogens on beach mice populations and

their potential contribution to the decline of the St. Andrew beach

mouse are unknown. Significant adverse impacts from these factors might

occur when combined with or as a function of other threats. Studies and

observations by various researchers strongly suggest that predation,

especially by free-ranging domestic cats, is an important factor

contributing to the loss of mice from local habitat within or adjacent

to developed areas (Blair 1951, Humphrey and Barbour 1981, Holliman

1983, Humphrey et al. 1987). Bowen (1968) provided an anecdotal report

on the complete absence of beach mouse sign on a 3.2 km (2 mi) stretch

of beach having abundant cat tracks. Frank and Humphrey (1992) noted a

reduction of cat sign on dunes and an increase in Anastasia Island

beach mouse (P. p. phasma) numbers and mean survivorship following

removal of 15 to 20 cats from the camping area at Anastasia State

Recreation Area. Gore and Schaeffer (1993) found a significant inverse

relationship between the ratio of Santa Rosa beach mice to cat tracks

on sample transects within developed and undeveloped dune areas on

Santa Rosa Island. Their median transects in the developed areas

contained no mouse tracks and 13 cat tracks. Bates (1992) found that

predators in SJPSP did not appear to concentrate near dunes and the

infrequent house cat tracks observed occurred mainly near structures.

Although Bates failed to capture beach mice in dunes adjacent to the

camping areas, Moyers et al. (1996) did capture mice and observe tracks

in these areas. Gore (in litt. 1994) believed that the house cat

population then on private lands south of SJPSP was less of a problem

than other developed areas because the residences there served mainly

as seasonal vacation homes. He nevertheless believed further

introductions associated with additional land development could pose a

serious threat to beach mouse populations.

Other mammalian predators occurring on sand dunes within SJPSP

include fox, bobcat, raccoon, and coyote (Bates 1992). Coyotes are

relatively recent migrants to SJPSP and Crooked Island, where they have

become predators on sea turtle nests (S. Shea, Tyndall Air Force Base,

pers. comm. 1994; J. Bente, Florida Department of Environmental

Protection, pers. comm. 1995).

D. The Inadequacy of Existing Regulatory Mechanisms

The Federal Coastal Barrier Resources Act of 1982 and the Coastal

Barrier Improvement Act of 1990 (CBRA) prohibit most new Federal

expenditures and financial assistance within Coastal Barrier Resources

System (CBRS) units. CBRA also prohibits the sale of new Federal flood

insurance for new construction or substantial improvements within

otherwise protected areas. There are two CBRS units and one otherwise

protected area within the historic range of the St. Andrew beach mouse.

The Cape San Blas Unit (P30) covers all of the St. Joseph Peninsula,

while the otherwise protected area (P30P) corresponds with the

boundaries of St. Joseph Peninsula State Park. Habitat west of the city

of Mexico Beach, including Crooked Island East and West, are part of

the St. Andrew Complex Unit (P31). CBRA does not prohibit use of non-

Federal or private funds to finance or insure projects within CBRS

units or otherwise protected areas. As a result, coastal construction

may still proceed within all remaining undeveloped parcels within the

subspecies' historic range.

Eglin Air Force Base currently allows beach driving through its

Cape San Blas property and adjacent property it leases from and manages

for the U.S. Coast Guard. However, the agreement with Gulf County

prohibits vehicles and pedestrians from encroaching on or near sand

dunes. Strict enforcement of this provision has been difficult due to

the distance of Eglin's main base from the Cape San Blas unit and the

lack of onsite enforcement personnel. The distance also hampers efforts

at evaluating and taking action on potential problems associated with

free-ranging domestic cats.

State laws protect sea oats, a critical component of the dune

vegetative community, from being picked on public land but do not

prohibit this activity on private land nor their destruction during

construction activities. State-regulated Coastal Construction Control

Lines (CCCL) correspond to the limits of the coastal high hazard 100-

year storm event impact area. Construction seaward of the CCCL requires

permits whose stringent requirements generally result in protection of

beach, frontal dune, and primary dune habitats (G. Chelicki, Florida

Department of Environmental

[[Page 54032]]

Protection, pers. comm. 1997). The same protections are not afforded to

secondary and scrub dune habitats occurring landward of the CCCL. The

State has designated Crooked Island East and West as critical wildlife

areas, which would protect plants and animals from take or disturbance

by pedestrians, vehicles, and dogs, but this designation does not

address habitat protection (S. Shea in litt. 1997).

The St. Andrew beach mouse is listed as a State endangered species.

Chapter 39-27.002 of the Florida Administrative Code prohibits the

take, possession, or sale of endangered species except as authorized by

specific permit for the purpose of enhancing the survival potential of

the species. The law does not provide for the protection or

conservation of a listed species' habitat.

Bay County, Florida, restricts beach driving to permitted vendors.

State parks on the St. Joseph Peninsula do not permit beach driving

within their boundaries. Gulf County regulates beach driving on the

peninsula between Indian Pass and SJPSP by ordinance and permits. The

ordinances restrict the number of vehicle access points and prohibits

driving in, on, or over sand dunes or vegetated areas. They do not

address pedestrian encroachment. The most recent revised ordinance

creates a 7.6 meter (25 foot) dune buffer zone within a portion of the

St. Joseph Peninsula, in which beach driving and parking are prohibited

(Misty Nabers, Florida Department of Environmental Protection, pers.

comm. 1997). This revision does not apply to the section of the

peninsula between about 3.2 km (2 mi) northwest of Cape San Blas to

Money Bayou (D. Wibberg, pers. comm. 1997).

Gulf County does not have any ordinances relating to the ownership,

control, and handling of free-ranging domestic cats.

E. Other Natural or Manmade Factors Affecting its Continued Existence

In addition to severe storms, other widespread climatic conditions

that can occur within the range of the St. Andrew beach mouse include

periods of drought and freezing weather. The extent of any direct or

indirect impacts of these factors on beach mouse survival, either alone

or in combination with manmade threats, is not known.

Storms and residential and commercial development can fragment and

isolate beach mouse habitat. This isolation precludes movement and gene

flow among other habitat blocks. In smaller blocks, the lack of gene

flow may result in a loss of genetic diversity, which can reduce the

population's fitness. Increased predation pressure and competition for

available food and cover may further weaken populations through direct

mortality and reduced reproductive success. The combined threats may

result in severe decline leading to extinction of these isolated

populations (Caughley and Gunn 1996).

The ecological similarity of house mice and oldfield mice (Gentry

1966, Briese and Smith 1973) suggests that competition and aggression

may occur between these species. An inverse relationship appears to

exist between the population densities of the house mouse and inland

oldfield mice (Caldwell 1964, Caldwell and Gentry 1965, Gentry 1966).

Humphrey and Barbour (1981) documented mutually exclusive distribution

patterns of house mice and other Gulf coast beach mice, a pattern

similar to that observed by Frank and Humphrey (1992) for the Anastasia

Island beach mouse, and by Gore (in litt. 1987, 1990, 1994) and Holler

(in litt. 1994) for the St. Andrew beach mouse. The significance of

competition to the observed patterns is not clear. In general, the

observations suggest that where conditions favor one of the two

species, that species will predominate or exclude the other species.

Briese and Smith (1973) noted that house mice primarily invade

disturbed areas, such as when development occurs, and are able to

establish themselves in these and adjacent habitats occupied by low

densities of oldfield mice. They also noted that house mice seem to be

less affected by predation from house cats than oldfield mice.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to propose this

rule. Based on this evaluation, the preferred action is to list the St.

Andrew beach mouse (Peromyscus polionotus peninsularis) as endangered.

The primary threats to the continued existence of the species are

habitat impacts from periodic severe weather and land development,

which result in direct loss of mice and the capability of remaining

mice to recover from such impacts. Other potentially significant

threats include predation by free-ranging domestic cats and possible

competitive displacement by the house mouse. The Service considers the

threat of extinction of high magnitude and imminent because of the more

than two-thirds estimated range curtailment, the species' restriction

to a single land unit, and the recent high frequency of severe storms

occurring within or in close proximity to the species' historic range.

Critical Habitat

Critical habitat is defined in section 3 of the Act as: (i) The

specific areas within the geographical area occupied by a species, at

the time it is listed in accordance with the Act, on which are found

those physical or biological features (I) essential to the conservation

of the species and (II) that may require special management

considerations or protection; and (ii) specific areas outside the

geographical area occupied by a species at the time it is listed, upon

a determination that such areas are essential for the conservation of

the species. ``Conservation'' means the use of all methods and

procedures needed to bring the species to the point at which listing

under the Act is no longer necessary.

Section 4(a)(3) of the Act, as amended, and implementing

regulations (50 CFR 424.12) require that, to the maximum extent prudent

and determinable, the Secretary designate critical habitat at the time

the species is determined to be threatened or endangered. The Service

finds that designation of critical habitat is not prudent for the St.

Andrew beach mouse at this time. Service regulations (50 CFR

424.12(a)(1)) state that designation of critical habitat is not prudent

when one or both of the following situations exist--(1) The species is

threatened by taking or other human activity, and identification of

critical habitat can be expected to increase the degree of threat to

the species, or (2) such designation of critical habitat would not be

beneficial to the species.

Designated critical habitat is protected by the Act only under

section 7(a)(2), which provides that activities that are federally

funded, permitted, or carried out may not destroy or adversely modify

critical habitat. However, section 7(a)(2), which also prohibits

Federal activities likely to jeopardize listed species, provides

substantial protection to the habitat of listed species, even if

critical habitat is not designated. Section 7(a)(4) requires Federal

agencies to confer informally with the Service on any action that is

likely to jeopardize the continued existence of a proposed species or

result in the destruction or adverse modification of proposed critical

habitat. For most species, including the St. Andrew beach mouse, the

protection afforded the species' habitat through application of the no

jeopardy standard is so strong, the Service believes there would be no

direct net conservation benefit from designating critical habitat.

Regulations (50 CFR part 402.02) define ``jeopardize the continued

[[Page 54033]]

existence of'' as meaning to engage in an action that would reasonably

be expected, directly or indirectly, to reduce appreciably the

likelihood of both the survival and recovery of a listed species in the

wild by reducing the reproduction, numbers, or distribution of that

species. ``Destruction or adverse modification'' is defined as a direct

or indirect alteration that appreciably diminishes the value of

critical habitat for both the survival and recovery of a listed

species. The St. Andrew beach mouse is restricted to coastal sand dunes

that consist of several rows paralleling the shoreline. The common

types of sand dune habitat include frontal dunes, primary dunes,

secondary dunes, inter and intradunal swales, and scrub dunes. Beach

mice occur mostly in frontal, primary, and secondary dunes due in part

to the predominance of plants whose seeds and fruits are important

seasonal constituents of beach mouse diets. Further, scrub dunes may

function as refugia during and after storms and as a source for

recolonization of storm-damaged dunes. Because of the highly precarious

status of the St. Andrew beach mouse, destruction or adverse

modification of any of these habitat features to the point of

appreciably diminishing habitat value for recovery and survival would

also jeopardize the species' continued existence by reducing its

reproduction, numbers, or distribution.

For the St. Andrew beach mouse, the Service, therefore, has

determined that designation of critical habitat would not add any

protection over that afforded by the jeopardy standard. Any appreciable

diminishment of habitat sufficient to appreciably reduce the value of

the habitat for survival and recovery would also appreciably reduce the

likelihood of survival and recovery by reducing reproduction, numbers,

or distribution. The Service has found this to be the case for several

listed species, for which an appreciable reduction in habitat value

would trigger the jeopardy standard, for example the Appalachian elktoe

mussel, listed as endangered on November 23, 1994 (59 FR 60324), and

three Texas aquatic invertebrates, listed as endangered on June 5, 1995

(60 FR 29537).

Within unoccupied lands under Federal management, both Eglin and

Tyndall Air Force bases are actively involved in conservation of sand

dune habitat. Eglin Air Force Base does not allow dune encroachment by

vehicles and pedestrians within its Cape San Blas unit boundaries and

closely reviews mission-related activities for potential habitat

impacts (R. McWhite, Eglin Air Force Base, pers. comm. 1997). Eglin

recently completed an ecological survey of Cape San Blas that will

assist them in deciding how best to manage the natural resources within

the unit. On Crooked Island, Tyndall Air Force Base restricts beach

access on both east and west segments to pedestrians and authorized

vehicles, and also prohibits dune encroachment. Natural resource

personnel review all requests for military operations to minimize or

eliminate potential habitat disturbances. Because of these current

conditions, the Service believes that a designation of Crooked Island

or Cape San Blas as critical habitat is not prudent because it would

not result in any additional benefit to the species.

Based on the above discussion, the Service has determined that the

lack of additional conservation benefit from critical habitat

designation for this species makes such designation not prudent.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Endangered Species Act include recognition,

recovery actions, requirements for Federal protection, and prohibition

against certain practices. Recognition through listing results in

public awareness and conservation actions by Federal, State, and local

agencies, private organizations, and individuals. The Act provides for

possible land acquisition and cooperation with the States and requires

that recovery actions be carried out for all listed species. The

protection required of Federal agencies and the prohibitions against

taking and harm are discussed, in part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(4) requires Federal agencies to confer with the

Service on any action that is likely to jeopardize the continued

existence of a species proposed for listing or result in the

destruction or adverse modification of proposed critical habitat. If a

species is listed subsequently, section 7(a)(2) requires Federal

agencies to ensure that activities they authorize, fund, or carry out

are not likely to jeopardize the continued existence of the species or

destroy or adversely modify its critical habitat. If a Federal action

may affect a listed species or its critical habitat, the responsible

Federal agency must enter into formal consultation with the Service.

Federal agency actions that are expected to require conference and/

or consultation as described in the preceding paragraph include

mission-related activities authorized or carried out by Tyndall Air

Force Base on Crooked Island and by Eglin Air Force Base at the Cape

San Blas unit, following any translocation of beach mice to these

locations. The Service's experience with other beach mice indicates

that, with planning, beach mouse conservation and military activities

are compatible.

The Federal Emergency Management Agency (FEMA) provides flood

insurance for completed structures through the National Flood Insurance

Program. Section 7 of the Act normally would require FEMA to consider

conference or consultation with the Service where the agency provides

flood insurance to private landowners with structures located in

occupied habitat. In this case, private property occupied by the beach

mouse within the St. Joseph Peninsula is also located within a CBRS

unit and subject to the CBRA prohibitions against the acquisition of

new federally-funded coastal flood insurance for new construction or

substantial improvements (see factor D under ``Summary of Factors

Affecting the Species''). The Service, therefore, believes the proposed

listing will have no additional impact on the application of FEMA's

flood insurance program.

U.S. Army Corps of Engineers involvement in the section 7

consultation process may result from the issuance of permits for the

filling of wet interdunal swales subject to section 404 of the Clean

Water Act (33 U.S.C. 1344 et seq.). Conference or consultation will be

required should the Corps determine that such permit issuance may

affect the St. Andrew beach mouse.

The Service may undertake internal consultations when carrying out

recovery activities such as dune restoration and construction of

pedestrian crossovers or when reviewing incidental take permit

applications under section 10(a)(1)(B) of the Act.

The National Oceanic and Atmospheric Administration administers the

Coastal Energy Impact Program (CEIP). CEIP is a Federal assistance

program providing grant and loan assistance for use in planning

studies, public works construction, land acquisition, and environmental

loss mitigation projects, all associated with energy-related facility

siting. Such a siting, however unlikely, within

[[Page 54034]]

occupied or potentially occupied habitat might result in some

modification that minimizes or avoids impacts to the species. The great

majority of section 7 consultations traditionally result either in no

project changes or modifications rather than curtailment of the

affected Federal activity.

Actions taken and in progress for the St. Andrew beach mouse

include updated status surveys within a portion of the historic range,

a population genetics analysis, and population viability modeling.

Future actions include a translocation of some mice from the St. Joseph

Peninsula to Crooked Island East through the cooperation and support of

Tyndall Air Force Base. The Service plans to continue pursuing

conservation actions it believes will be effective in measurably

reducing the threats to the species' continued existence.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered

wildlife. The prohibitions, codified at 50 CFR 17.21, in part, make it

illegal for any person subject to the jurisdiction of the United States

to take (includes harass, harm, pursue, hunt, shoot, wound, kill, trap,

capture, or collect; or to attempt any of these), import or export,

ship in interstate commerce in the course of commercial activity, or

sell or offer for sale in interstate or any foreign commerce any listed

species. It is also illegal to possess, sell, deliver, carry,

transport, or ship any such wildlife that has been taken illegally.

Certain exceptions apply to agents of the Service and State

conservation agencies.

Should this rule be finalized, the prohibitions of section 9 will

not apply to St. Andrew Beach mice which were held in captivity or a

controlled environment on the date of the final rulemaking, provided

that such holding and any subsequent holding of such mice was not in

the course of a commercial activity.

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife under certain circumstances. Regulations

governing permits are codified at 50 CFR 17.22 and 17.23. Such permits

are available for scientific purposes, to enhance the propagation or

survival of the species, and/or for incidental take in the course of

otherwise lawful activities.

It is the policy of the Service, published in the Federal Register

on July 1, 1994 (59 FR 34272), to identify to the maximum extent

practicable at the time a species is listed, those activities that

would or would not constitute a violation of section 9 of the Act. The

intent of this policy is to increase public awareness of the effect of

this listing on proposed and ongoing activities within the species'

range. The Service believes that, based on the best available

information, the following actions will not result in a violation of

section 9:

(1) Beneficial activities whose implementation does not result in

take of beach mice. Such activities include, but are not limited to,

boardwalk construction on or over dunes, use of snow fencing and

planting of local, native dune vegetation to accelerate dune

restoration, and dune reconstruction using beach quality sand.

(2) Normal residential activities on unoccupied habitat that would

not result in take of beach mice, such as, landscape maintenance,

private development and dune access by vehicles and pedestrians.

(3) Activities authorized, funded, or carried out by a Federal

agency when the action is conducted in accordance with section 7 of the

Act.

Potential activities involving the St. Andrew beach mouse that the

Service believes will likely be considered a violation of section 9

include, but are not limited to, the following:

(1) Take of St. Andrew beach mouse without a permit.

(2) Possession, sale, delivery, carrying, transportation, or

shipping of illegally taken St. Andrew beach mice.

(3) Destruction or alteration of occupied habitat that results in

the death of or injury to the St. Andrew beach mouse through the

significant impairment of essential behaviors including breeding,

feeding, or sheltering.

Questions regarding whether specific activities will constitute a

violation of section 9 or to obtain approved guidelines for actions

within beach mouse habitat, contact the Field Supervisor of the

Service's Panama City Field Office, 1612 June Avenue, Panama City,

Florida 32405-3721 (telephone 850/769-0552). Requests for copies of the

regulations concerning listed animals and inquiries regarding

prohibitions and permits may be addressed to the U.S. Fish and Wildlife

Service, Ecological Services, Permit Coordinator, 1875 Century

Boulevard, Suite 200, Atlanta, Georgia 30345 (telephone 404/679-7110;

facsimile 404/679-7081).

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to this species;

(2) The location of any additional populations of this species and

the reasons why any habitat should or should not be determined to be

critical habitat pursuant to section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of this species; and

(4) Current or planned activities in the subject area and their

possible impacts on this species.

Final promulgation of the regulations on this species will take

into consideration the comments and any additional information received

by the Service, and such communications may lead to a final regulation

that differs from this proposal.

The Act provides for one or more public hearings on this proposal,

if requested. Requests must be received within 45 days of the date of

publication of the proposal in the Federal Register. Such requests must

be made in writing and be addressed to the Jacksonville Field Office

(see ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, as defined under the

authority of the National Environmental Policy Act of 1969, need not be

prepared in connection with regulations adopted pursuant to section

4(a) of the Act. A notice outlining the Service's reasons for this

determination was published in the Federal Register on October 25, 1983

(48 FR 49244).

Required Determinations

The Service has examined this regulation under the Paperwork

Reduction Act of 1995 and found it to contain no information collection

requirements.

References Cited

A complete list of all references cited herein, as well as others,

is available upon request from the Jacksonville Field Office (see

ADDRESSES section).

Author: The primary author of this document is John Milio (see

ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

[[Page 54035]]

recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

subchapter B of chapter I, title 50 of the Code of Federal Regulations,

as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

2. Section 17.11(h) is amended by adding the following, in

alphabetical order under MAMMALS, to the List of Endangered and

Threatened Wildlife to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species Vertebrate

-------------------------------------------------------- population where Critical Special

Historic range endangered or Status When listed habitat rules

Common name Scientific name threatened

--------------------------------------------------------------------------------------------------------------------------------------------------------

Mammals

* * * * * * *

Mouse, St. Andrew beach.......... Peromyscus U.S.A.(FL)......... Entire............. E ........... NA NA

polionotus

peninsularis.

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: October 2, 1997.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 97-27549 Filed 10-16-97; 8:45 am]

BILLING CODE 4310-55-P