Proposal To List the Preble's Meadow Jumping Mouse as an Endangered Species

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.

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

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