Endangered and Threatened Wildlife and Plants; Final Rule to List the Preble's Meadow Jumping Mouse as a Threatened Species

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE06

Endangered and Threatened Wildlife and Plants; Final Rule to List

the Preble's Meadow Jumping Mouse as a Threatened Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service determines the Preble's

meadow jumping mouse (Zapus hudsonius preblei) to be a threatened

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 seven counties in Colorado and

two counties in Wyoming. Historical records document its former

presence in additional counties in Colorado and 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 action implements the protection of the Act

for Preble's meadow jumping mouse.

DATES: This rule is effective June 12, 1998.

ADDRESSES: 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, U.S. Fish and Wildlife Service, P.O. Box 25486,

Denver Federal Center, Denver, Colorado 80225-0207 (telephone 303/275-

2370).

SUPPLEMENTARY INFORMATION:

Background

The Preble's meadow jumping mouse (Zapus hudsonius preblei)

(Preble's) is a small rodent in the family Zapodidae and is 1 of 12

recognized subspecies of the species Z. hudsonius, the meadow jumping

mouse (Krutzsch 1954, Whitaker 1972, Hafner 1981). The family Zapus

consists of small to medium-sized mice with long tails and long feet

adapted for jumping. Krutzsch (1954) provided a revision of the

taxonomy of the genus Zapus in North America and recognized three

living species, Z. hudsonius, Z. trinotatus, and Z. princeps. As the

most recent revision of Z. hudsonius, this stands as the authority for

taxonomy. 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.

In his 1899 revision of North American jumping mice, E. A. Preble

referred specimens of the meadow jumping mouse from Colorado and

southeastern Wyoming to the subspecies Z. h. campestris (Preble 1899,

cited by Krutzsch 1954). Krutzsch (1954) described and named Z. h.

preblei as separate from Z. h. campestris, indicating as the holotype a

specimen obtained by E. A. Preble in July 1895 from Loveland, Larimer

County, Colorado. All records of Preble's 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

important to its identification.

There is a similarity of appearance between the Preble's meadow

jumping mouse and Z. princeps, which 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. 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. Ranges of the

Preble's and Z. princeps are not known to overlap in Colorado but the

relationships between respective ranges in Wyoming is less clear

(Garber 1995, 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. campestris from northeastern

Wyoming, but summarized differences in coloration and skull

characteristics. Krutzsch concluded that considerable differences

existed between Preble's and related subspecies. In contrast, Jones

(1981) studied specific and intraspecific relationships within Zapus

and recognized no subspecies of Z. hudsonius. Jones did, however cite

that Z. hudsonius populations in Colorado and southeastern Wyoming were

apparently isolated from other populations. Hafner et al. (1981)

described an additional subspecies Z. hudsonius luteus present in New

Mexico and Arizona and differentiated it from Preble's. This subspecies

was previously considered Z. princeps luteus, a subspecies of the

western jumping mouse. Recently, Z. h. luteus was found in Las Animas

County, Colorado (Riggs et al. 1997), the furthest north that the

subspecies has been recorded, but over 100 miles south of the confirmed

range of Preble's in Colorado.

Results from genetic analysis of mice from Rocky Flats

Environmental Technology Site (Rocky Flats) in Jefferson County,

Colorado, Z.

[[Page 26518]]

hudsonius from Minnesota and Indiana, 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, the Colorado Division of Wildlife

supported genetic studies of Preble's trapped in Colorado and Wyoming

during the 1996 and 1997 field seasons. Tissue samples from presumed

Preble's trapped at 23 locations in Colorado and 2 in Wyoming were

assessed, through mitochondrial DNA analysis, and compared to reference

samples of Z. princeps and to samples of Z. hudsonius from outside the

known range of Preble's. The analysis indicated that mice from Albany

County, Wyoming (Medicine Bow National Forest) to western Las Animas

County, Colorado (San Isabel National Forest) formed a coherent genetic

group (Riggs et al. 1997). The report concluded that ``data appear

consistent with the view that a geographically contiguous set of

populations previously recognized as Preble's meadow jumping mouse (Z.

h. preblei) form a homogenous group recognizably distinct from other

nearby populations and from geographically-adjacent species of the

genus'' (Riggs et al. 1997). However, some specimens of Z. hudsonius

from outside the known range of Preble's, including Z. h. campestris

from northern Wyoming, were indistinguishable from Preble's based on

the analysis. Hafner (1998) reviewed the report cited above and found

no fault with the currently accepted taxonomic relationship of the

subspecies Z. h. preblei, Z. h. campestris, and Z. h. luteus. He

commented that current recognition of these subspecies is appropriately

based on geographic variation of morphological traits and distribution.

Other conclusions of interest from the Riggs et al. (1997) genetic

study included a specimen from San Isabel National Forest, Las Animas

County, Colorado, which was identified as Z. princeps when it was

collected, but was later determined to be most similar to Preble's

meadow jumping mouse. The presence of Preble's in Las Animas County

would significantly expand its known range southward. Reexamination of

this specimen confirmed diagnostic dentation of Z. princeps (Cheri

Jones, Denver Museum of Natural History, in litt. 1998). A mouse from

Lone Tree Creek, Weld County, Colorado, and six mice from F.E. Warren

Air Force Base, Laramie County, Wyoming, were identified as Preble's

when they were trapped and later determined to be most similar to Z.

princeps (Riggs et al. 1997). Hafner (1998) suggested that the

discrepancies in species associations found in the analysis by Riggs et

al. (1997) could be due to the specific DNA segment chosen for

analysis, or to limited hybridization in areas where the two species'

ranges overlap. Riggs et al. (1997), Hafner (1998), Tanya Shenk

(Colorado Division of Wildlife, in litt. 1998), and David Armstrong

(University of Colorado, in litt. 1998) encouraged additional genetic

and morphological investigations to further define relationships among

Zapus in the region.

The Preble's meadow jumping mouse has not been studied as

extensively as other subspecies of Z. hudsonius have been studied

elsewhere. Preble's is thought to be similar to other 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 (Whitaker 1972, Fitzgerald

et al. 1994). 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 2 to 3 litters of 5 to 6 young per litter (Quimby 1951,

Fitzgerald et al. 1994). Z. hudsonius hibernates approximately 7 months

of the year in an underground burrow that it excavates itself (Quimby

1951, Whitaker 1963).

Krutzsch (1954), Quimby (1951), and Armstrong (1972) agree that

across its range, Z. hudsonius occurs mostly in low undergrowth

consisting of grasses, forbs (herbaceous plants other than grasses), 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. Tester et

al. (1993) suggested that proximity to water may be the most important

factor influencing habitat selection and utilization by Z. hudsonius.

Some aspects of Preble's meadow jumping mouse life history,

behavior, and habitat utilization have been documented. Armstrong et

al. (1997) and Shenk (in litt. 1998) have compiled summaries of

information on Preble's gleaned from recent studies. Data on the timing

of the initial breeding period and time of hibernation of the Preble's

meadow jumping mouse have been gathered by researchers at Rocky Flats

(PTI Environmental Services 1996a). 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. The latest

recorded date of capture of Preble's at Rocky Flats is October 27.

Adults reach approximately 20 percent body fat before going into

hibernation (Wunder pers. com. 1997).

Little information exists on Preble's meadow jumping mouse food

preferences. It has been speculated that Preble's may need an open

water source to fulfill dietary water requirements. Armstrong et al.

(1997) reported that trapping success in ephemeral drainages decreased

notably in late summer after creekflow ceased.

Preble's meadow jumping mouse has been shown to move a significant

distance along drainages but has not been shown to cross dry uplands to

reach adjacent drainages. A male Preble's was recaptured 1.6 kilometers

(km) (1 mile) (mi) upstream from a previous capture site and a female

Preble's captured 1.2 km (.75 mi) downstream from a previous capture

site (Thomas Ryon, PTI Environmental Services, pers. com. 1998).

At Rocky Flats, the Preble's meadow jumping mouse appears to be

primarily dependent on riparian shrublands, and on mesic mixed

grasslands that are adjacent to shrublands and in close proximity to

streams (PTI Environmental Services 1996b). 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 1996a). In the same study, 90 percent of captures occurred

within 5 m (16 ft) of canopy edge consisting of Salix exigua (coyote

willow), Symphoricarpos occidentalis (western snowberry), Prunus

americana

[[Page 26519]]

(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 were in dense

vegetation that presented burrowing or nesting opportunities. Five

nests were located in dense vegetation (Harrington et al. 1995). Based

on a single underground hibernaculum, located through use of telemetry,

upland habitats may be used for hibernation by Preble's (Fred

Harrington, Pawnee Natural History Society, pers. comm. 1995). Robert

Schorr (Colorado Natural Heritage Program, pers. com. 1997) reported

four apparent hibernacula located by telemetry from 7 m (23 ft) to 31 m

(101 ft) from the creek bed of Monument Creek, U.S. Air Force Academy,

El Paso County, Colorado. All four hibernacula appeared to be below

Salix exigua.

Ryon (1996) reported that four of five recent (1990 or later)

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, historical capture sites where Ryon failed to

capture Preble's generally lacked one or more of these components.

Preble's was captured along Monument Creek within the U.S. Air

Force Academy lands 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 (1996) suggested that where

Preble's occupies habitat along intermittent streams, adjacent wet

meadows and seeps may be important habitats in dry periods.

Armstrong et al. (1997, p. 77) described typical Preble's meadow

jumping mouse habitat as ``well-developed plains riparian vegetation

with relatively undisturbed grassland and a water source in close

proximity.'' Also noted was a preference for ``dense herbaceous

vegetation consisting of a variety of grasses, forbs and thick

shrubs.'' Meaney et al. (1997) suggested that Preble's has a broader

ecological tolerance than previously thought and while they require

diverse vegetation and well developed cover, this can be met in a

variety of circumstances. Recent captures that were exceptions to the

typical habitat described 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). Ensight

Technical Services (1997) reported instances of Preble's meadow jumping

mouse trapped at or near sites of human alteration including ditches

along roads and driveways, and wetlands adjacent to highways. Meaney et

al. (1997) emphasized that vegetated ditches may be a significant

habitat for Preble's and may provide dispersal routes.

Preble's meadow jumping mouse may never have been widespread in the

period since western settlement. Armstrong (1972) described it as

poorly known in Colorado and apparently nowhere abundant. The known

historical range of Preble's may represent a relict of a more southern

range of Z. hudsonius, occupied when the climate was cooler and more

damp (Fitzgerald et al. 1994). The apparent local extirpation of

Preble's from historically occupied sites in Colorado and Wyoming, and

the difficulty in finding it in patches of apparently adequate but

fragmented habitat isolated by human land uses, suggests a decline in

populations of Preble's in recent decades.

Records for Preble's meadow jumping mouse define a range including

Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Elbert, Jefferson,

Larimer, and Weld Counties in Colorado; and Albany, Laramie, Platte,

Goshen, and Converse Counties in Wyoming (Krutzsch 1954, Compton and

Hugie 1993). Historical sites in Colorado were further discussed by

Meaney and Clippinger (1995), Ryon (1996), and Ryon and Harrington

(1996). Garber (1995) discussed historical sites from Wyoming and

suggested that some Zapus from Wyoming may have been misidentified. He

indicated that based on study skins alone (without skulls) positive

identification was not possible. Garber concluded that two specimens

from the University of Wyoming collection listed as Preble's were

probably Z. princeps, and that several specimens listed as Z. princeps

are believed to be Preble's.

As one might expect, given the intensity of recent surveys for

Preble's meadow jumping mouse, more individuals have been trapped in

the decade of the 1990's than were documented prior to 1990. Preble's

is thought to currently exist in seven counties in Colorado and two in

Wyoming, but it is not known to be present in three other counties in

Colorado and three counties in Wyoming where it was previously

documented.

Colorado

Recent (since 1992) presence of Preble's meadow jumping mouse in

Colorado has been documented in seven counties along the following

watercourses and their tributaries: South Boulder Creek and St. Vrain

Creek (Boulder County); Coal Creek, and Ralston Creek, and Rock Creek,

Walnut Creek and Woman Creek at Rocky Flats (Jefferson County); East

Plum Creek, West Plum Creek, and Indian Creek (Douglas County);

Monument Creek and tributaries including West Monument Creek, Smith

Creek, Beaver Creek, Pine Creek, Jackson Creek, Dirty Woman Creek, and

Cottonwood Creek (El Paso County); Lone Tree Creek (Weld County);

Rabbit Creek and Lone Pine Creek (Larimer County); and, Running Creek

(Elbert County).

A number of historical and recent records of Preble's meadow

jumping mouse exist for Boulder County. A summary of past records and a

report of 1995 survey results was provided by Armstrong et al. (1996).

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 2 sites, both along South Boulder Creek (Armstrong et al.

1996). In 1996, 3 Preble's were captured on City of Boulder Open Space

along South Boulder Creek, during an extensive study of grassland

biodiversity entailing 6,600 trapnights (one trap set for one night

equals one trapnight) of effort (Miller in litt. 1996). Perhaps

indicative of population fluctuations, Carron Meaney (Denver Museum of

Natural History, in litt. 1998) reported a total of 55 individual

Preble's captured during 1997 studies along South Boulder Creek.

Meaney et al. (1996) reported capturing at least seven different

Preble's meadow jumping mice at a Boulder County Open Space site on St.

Vrain Creek, the only captures on five Boulder County sites they

surveyed in 1996. A 1997 survey failed to find Preble's on a site along

St. Vrain Creek near the 1996 capture site (Meaney et al. 1997).

However, 1997 surveys conducted for the Colorado Department of

Transportation along State Highway 36 at St. Vrain Creek, and at

various wetland sites up to two miles south, resulted in captures of

Preble's in six of seven locations (Ensight Technical Services 1997).

Annual studies have taken place at Rocky Flats since the discovery

of the

[[Page 26520]]

Preble's meadow jumping mouse there in 1991 (Harrington et al. 1996).

Recent populations have been reported in all four major drainages

within the Rocky Flats buffer zone. During the 1995 field season, 61

Preble's were trapped at Rocky Flats, bringing the total number of

individual mice trapped since 1991 to 161 (Harrington pers. comm.

1995). Estimated density of Preble's in areas trapped during 1995

studies ranged up to 36 per hectare (ha) (15 per acre (ac)). Spring

1996 trapping studies at Rocky Flats, designed to document emergence

from hibernation, resulted in 29 captures of Preble's in 3,553

trapnights (PTI Environmental Service 1996a). During summer 1996

studies at Rocky Flats, 3,882 trapnights of effort resulted in capture

of only 4 Preble's (PTI Environmental Service 1996b).

During 1996 and 1997 the Colorado Natural Heritage Program reviewed

numerous sites on Jefferson County Open Space lands for potential

presence of Preble's meadow jumping mouse and trapped at eight sites.

In 1996, Preble's were captured on Jefferson County Open Space land

near the mouth of Coal Creek Canyon, west of Rocky Flats (Fleming et

al. 1996). In 1997, Preble's were captured at Ralston Creek (White

Ranch Park, Jefferson County Open Space) (Peterson 1997).

In Douglas County, Preble's meadow jumping mice were captured from

a site on East Plum Creek, near Larkspur in 1995 (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, Douglas

County. Surveys in 1996 (Meaney et al. 1996) located Preble's at an

additional site on West Plum Creek south of Sedalia, and at a Colorado

Division of Wildlife property on Indian Creek (a tributary to Plum

Creek) south of Louviers. In 1997 the Colorado Natural Heritage Program

identified, through aerial photographs, 104 sites in the Plum Creek

watershed in Douglas County that appeared to have suitable Preble's

habitat. Preble's were captured on 10 of 13 private land sites trapped.

Use of a habitat relationships model provided an estimate of 30.6 miles

of occupied streamside habitat in the watershed (Chris Pague and Parker

Schuerman, The Nature Conservancy, in litt. 1998). Meaney et al. (1997)

captured Preble's at two of three sites they trapped within the Plum

Creek drainage in 1997; Willow Creek in Roxborough State Park, and a

site along East Plum Creek currently being purchased by The

Conservation Fund.

In El Paso County, the Colorado Natural Heritage Program discovered

the Preble's meadow jumping mouse on U.S. Air Force Academy lands along

Monument Creek while performing small mammal surveys in 1994. In

comprehensive 1995 studies, 67 Preble's were captured (Corn et al.

1995). Using varying assumptions regarding trapping results and habitat

available, total population estimates for Air Force Academy property of

308 and 449 Preble's were generated. These correspond to density

estimates in occupied habitat of 2.00 per ha (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 et al. 1996).

Trapping surveys submitted to the Service in 1997 from sites of

proposed construction documented Preble's within the Monument Creek

drainage off of Air Force Academy property at Monument Creek, Pine

Creek, Black Squirrel Creek, Cottonwood Creek, and Dirty Woman Creek.

Meaney et al. (1997) located Preble's within the Monument Creek

drainage on Beaver Creek.

Meaney et al. (1997) reported an improved ability to recognize

suitable habitat and, by targeting mostly small drainages with dense

vegetation, captured Preble's meadow jumping mouse at 7 of 10 sites

trapped, including sites in 3 counties not known to have extant

populations. Preble's were captured at Rabbit Creek and Lone Pine

Creek, within Cherokee Park State Wildlife Management Area, Larimer

County. A single apparent Preble's was captured on private land along

Lone Tree Creek, Weld County (see discussion of genetic studies by

Riggs et al. 1997). In Elbert County, a single Preble's was found at

Hay Gulch, a tributary of Running Creek. Among sites recommended for

future surveys were the confluence of Lone Tree Creek and the South

Platte River (Weld County), and Bijou Creek, Kiowa Creek, and Running

Creek (Elbert County) (Meaney et al. 1997).

Wyoming

In Wyoming, Preble's meadow jumping mouse 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). The Wyoming Cooperative

Research Unit successfully captured two Preble's 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 apparent Preble's (see

discussion of genetic studies by Riggs et al. 1997) in 2,200 trapnights

of effort (Schuerman and Pague 1997).

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 notices, 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). In 1996 the Service

discontinued the practice of maintaining a list of category 2 species

and the Preble's 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 which substantive data on biological

vulnerability and threats were not available to support a proposed

rule. Candidate species are currently defined as those species for

which the Service has sufficient information on file detailing

biological vulnerability and threats to support issuance of a proposed

rule, but issuance of the proposed rule is precluded by other listing

actions.

On August 16, 1994, the Service received a petition from the

Biodiversity Legal Foundation to list 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 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 March 15, 1995 (60 FR 13950), 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. On March 25, 1997, the Service issued a 12 month finding on

the petitioned action along with a

[[Page 26521]]

proposed rule to list Preble's as an endangered species and announced a

90-day public comment period (62 FR 14093). On May 5, 1997, the Service

announced three public hearings regarding the proposed rule and

extended the comment period through July 28, 1997 (62 FR 24387). The

Service reopened the public comment period on December 23, 1997, for a

period of 30 days, through January 22, 1998 (62 FR 67041).

Summary of Comments and Recommendations

In the March 25, 1997, proposed rule and associated notifications,

and in subsequent notices to extend or reopen the public comment

period, all interested parties were requested to submit factual reports

or information that might contribute to the development of a final

rule. The public comment period was extended through July 28, 1997 (62

FR 24387) and reopened from December 23, 1997, through January 22, 1998

(62 FR 67041). Various Federal and State agencies, county governments,

scientific organizations, and other interested parties were contacted

and requested to comment. Newspaper notices were published in the Rocky

Mountain News (Denver, CO), the Colorado Springs Gazette-Telegraph

(CO), the Boulder Daily Camera (CO), the Casper Star Tribune (WY), and

the Wyoming Eagle Tribune (Cheyenne, WY), which invited general public

comment and attendance at public hearings.

Public hearings were initiated by the Service and held May 19,

1997, in Cheyenne, Wyoming; May 21, 1997, in Colorado Springs,

Colorado; and May 22, 1997, in Denver, Colorado. Each hearing began

with opening comments by the Service followed by an opportunity for

public comments. In Cheyenne, 8 people attended and 1 commented; in

Colorado Springs 28 attended and 8 commented; and in Denver 27 attended

and 4 commented.

One hundred and thirty-eight written comments were received.

Significant issues are discussed below. Several individuals or groups

submitted comments in both the original and the reopened comment

periods, or during hearings and later in writing. Senator Craig Thomas

of Wyoming opposed the proposal. Two Federal agencies commented and

opposed the proposal; the Department of Energy's Rocky Flats Field

Office supported a 6-month extension of the proposed rule. The

Department of Energy's Western Area Power Administration supported a

threatened listing. Six State agencies commented, four from Wyoming and

two from Colorado. From Wyoming, three State agencies opposed the

proposal (two of the three supported an extension) and one Wyoming

agency neither supported nor opposed the proposed rule. From Colorado,

one agency opposed the proposal and supported an extension and one

neither supported nor opposed the proposed rule. Of 128 comments by

individuals or other groups, 29 supported the proposed rule, 74 opposed

it, and 25 were neutral. Five stockgrowers or farm organizations

provided comments opposing the proposal. Five of six conservation or

environmental groups supported the proposal and one was neutral.

Written comments and oral statements presented at the public

hearings and received during the comment periods are addressed in the

following summary. Comments of similar nature are grouped under a

number of general issues.

Issue 1: The Preble's meadow jumping mouse is not a valid

subspecies since genetic studies conducted to date have not

conclusively differentiated it from certain other subspecies of Z.

hudsonius.

Response: Preble's is widely recognized as a valid subspecies by

the scientific community. Genetic studies point to an aggregate of

similar Z. hudsonius populations consistent with ecological,

distributional, and morphological information on Preble's (Z. h.

preblei).

Issue 2: Preble's meadow jumping mouse identification in the field

is not possible because of the similarity between Preble's and Z.

princeps.

Response: Field identification of Zapus is difficult when attempted

by individuals not thoroughly familiar with both species. To date, no

overlap has been documented between the range of Preble's and the range

of Z. princeps in Boulder, Jefferson, Douglas, and El Paso Counties in

Colorado. These counties support the vast majority of currently known

Preble's populations. Since the two species may coexist in portions of

southeastern Wyoming, some historical records from Wyoming are

difficult to confirm. Recent genetic studies may indicate some

uncertainty regarding the identity of apparent Preble's trapped in Weld

County, Colorado and Laramie County, Wyoming. However, populations of

Zapus that are consistent morphologically and ecologically with

Preble's, will be considered Preble's by the Service pending conclusive

studies resolving the identities of the two species. Identification of

any Zapus captured in Weld County, Colorado (as well as in adjacent

Larimer County, Colorado) and in southeastern Wyoming should be

throughly documented and tissue samples should be obtained for future

genetic analysis.

Issue 3: Historical trapping records support the contention that

Preble's meadow jumping mouse has long been a rare mammal and they

provide a poor baseline from which to measure current trends in

populations.

Response: Conclusions regarding the status and trends of Preble's

made by the Service are based on the best available historical and

recent population information on Preble's, the distribution of its

preferred habitats, and on the significant threats to these habitats.

While historical records come from diverse trapping efforts that rarely

targeted Zapus, they document a former presence in locations where

Preble's is not currently found. Recent surveys of several historical

sites have failed to locate Preble's. Loss of these populations has

been attributed to changes in habitat.

Issue 4: Comprehensive trapping surveys throughout Preble's meadow

jumping mouse range are needed to ascertain its true status and

distribution.

Response: Existing data are sufficient to determine the overall

status of Preble's. Additional trapping studies will be conducted to

better document Preble's status within certain portions of its range.

Since 1992, numerous studies have addressed the status and distribution

of Preble's. Trapping studies supported by the Colorado Division of

Wildlife in 1995, 1996, and 1997 helped to document distribution of

Preble's in Colorado. In 1997 alone, more than 120 locations in

Colorado were trapped, with a minimum of 400 trapnights of effort at

each location. Limited access to private lands has hampered survey

efforts at some locations and will probably continue to do so in the

future.

Issue 5: Since Preble's exists on some sites where grazing, mowing,

and other human land uses occur, these activities should not be

considered threats.

Response: Land uses that have a dramatic adverse impact on habitats

that the Preble's meadow jumping mouse requires can present significant

threats to its existence. The relationships between human land use and

Preble's populations are undoubtedly complex and need further study.

The manner, timing, and extent of grazing or mowing may dictate what

effects these activities have on Preble's and its habitat. However,

Preble's do coexist in grazed areas such as the Medicine Bow National

Forest in Wyoming and Boulder Open Space lands in Colorado, and some

ranching and farming practices are thought likely to be

[[Page 26522]]

compatible with maintaining Preble's populations. The Service believes

that best management ranching and farming practices, which avoid

adverse affects on habitat characteristics, are compatible with many

natural resource objectives.

Issue 6: Water projects and irrigation may be beneficial to the

Preble's meadow jumping mouse, since these activities can create

wetland habitat.

Response: Preble's seems largely dependent on moist habitat with

dense vegetation in or near riparian corridors. Effects of water

projects on Preble's and its habitat can vary greatly. Water projects

can effectively eliminate, degrade, or fragment Preble's habitat.

However, activities that enhance and extend such habitat can benefit

Preble's.

Issue 7: Trapping studies are a significant threat to Preble's

meadow jumping mouse.

Response: The scientific value of trapping studies will be measured

against the threats such studies represent to Preble's. The Service

will issue permits to qualified individuals conducting approved

trapping studies on Preble's. While ``live traps'' are being used, the

Service is aware of a few mortalities associated with recent trapping.

Trapping techniques that best safeguard Preble's will be required by

the Service.

Issue 8: Predators may be a threat to the Preble's meadow jumping

mouse and should be controlled.

Response: While Preble's has co-existed with a community of

predators over time, little is known regarding the effect of predators

or competing species on Preble's populations. Human activities have

undoubtably altered predator populations. Human development may, for

example, increase numbers of great-horned owls and raccoons. However,

there is presently insufficient evidence to demonstrate that control of

predators would benefit Preble's.

Issue 9: Captive breeding and release, and relocation of the

Preble's meadow jumping mouse should be used to stabilize populations

and eliminate the need for listing.

Response: Scarcity of suitable habitat presumably limits current

Preble's distribution. Maintenance of quality habitat is the principal

conservation goal. Relocation and reintroduction of Preble's into

unoccupied sites with suitable habitat may become a part of the future

recovery of this species.

Issue 10: If the Preble's meadow jumping mouse were protected on

Federal land there would be no need to protect it on private land.

Response: The Service is working with the U.S. Air Force, the

Department of Energy, and the Forest Service to assure that

conservation of Preble's is carried out on all Federal lands on which

it currently exists. While both the Air Force Academy and Rocky Flats

support apparently stable populations of Preble's, these sites compose

a small fraction of the total Preble's range. Protection of these sites

alone would not alleviate the need for listing of Preble's or achieve

recovery.

Issue 11: Local regulations exist that currently protect the

Preble's meadow jumping mouse and its habitat.

Response: The Service has received from the Colorado Department of

Natural Resources a summary of local regulations, incentive programs,

Colorado Water Conservation Board instream flow decrees, and open space

purchase programs that help protect habitats that support Preble's. A

variety of regulations apply to activities in riparian areas and, in

effect, contribute to conservation of Preble's. However, few local

ordinances currently provide direct protection of Preble's or its

habitat. Natural areas and wildlife habitat may be considered in zoning

or development review, but most ordinances will permit significant

variance and provide for considerable latitude in interpretation. For

example, construction within the 100-year floodplain may be tightly

restricted by such measures, but the mowing, cutting, or overgrazing of

Preble's habitat is generally not addressed. The City of Boulder

wetlands protection ordinance has a specific provision designed to

protect rare and declining species including Preble's. Fort Collins

provides protection for ``endangered species habitat'' in development

review, but apparently does not address rare, declining, or threatened

species. Incentives and purchase programs contribute to riparian

conservation but afford no direct legal protection for Preble's. While

often beneficial to Preble's, public acquisition of riparian areas may,

at times, result in increased human use incompatible with Preble's.

The Service supports use of local land use regulations to conserve

Preble's and its habitat; however, the best measure of their past

effectiveness in protecting Preble's is the success of these

regulations in maintaining the integrity of riparian systems within

Preble's range. Direct and secondary effects of human activity continue

to cause alteration of riparian areas despite these protections. The

Service is currently engaged in discussions with the Colorado

Department of Natural Resources and the Colorado Preble's Meadow

Jumping Mouse Working Group to determine how local regulations and

acquisition programs can be used more effectively to protect Preble's

and its habitat.

Issue 12: The Service should designate critical habitat for

Preble's meadow jumping mouse.

Response: The Service has determined that designation of critical

habitat will not provide additional benefits beyond that achieved by

the listing of Preble's at this time (see the Critical Habitat section

of this rule). The Service could reevaluate designation of critical

habitat at some future time should circumstances change and more

becomes known about Preble's, its habitat, and potential benefit to the

species to be gained from designation of critical habitat.

Issue 13: The Service should extend the proposed rule for a period

of 6 months.

Response: The Service can only extend a proposed rule when it finds

that there is a substantial disagreement among scientists knowledgeable

about the species regarding the sufficiency or accuracy of the data

available relevant to the listing. The Service finds no substantial

disagreement among scientists knowledgeable about Preble's that would

serve as a basis for extension of the proposed rule.

Issue 14: The collaborative planning process for Preble's meadow

jumping mouse conservation, initiated by the State of Colorado, should

be pursued as an alternative to listing.

Response: Consistent with the spirit and intent of the 1995

``Memorandum of Agreement between the State of Colorado and the

Department of Interior Concerning Programs to Manage Colorado's

Declining Native Species,'' the Service fully supports the

collaborative planning process for Preble's conservation that is under

way in Colorado. The intent of the Memorandum of Agreement is to

facilitate and promote collaboration and cooperation in managing and

conserving fish and wildlife in Colorado. It was not intended to serve

as an alternative to listing threatened or endangered species as

required by the Endangered Species Act. The collaborative planning

process includes stakeholders from local governments, the private

sector, the State, and Federal agencies. This final rule to list

Preble's as a threatened species is not intended to discourage or

detract from this conservation effort; however, the Service recognizes

that it will take time and commitment on the part of numerous

stakeholders for this process to achieve meaningful protection of

Preble's. The Service

[[Page 26523]]

believes that, ultimately, this process will produce a conservation

plan and implementation agreements that both protect Preble's and its

habitat over the long term and will minimize regulatory and economic

effects of this listing. These products may form the basis of one or

more Habitat Conservation Plans or a rule prepared in accordance with

section 4(d) of the Endangered Species Act. To this end, the Service is

providing financial support to help move this process forward.

Issue 15: Rodents are destructive and carry disease. Listing the

Preble's meadow jumping mouse may impact pest control and lead to

disease or increased crop losses.

Response: Preble's has not been implicated as a vector for human

disease. Its rarity and dependence on riparian and wetland areas

minimize its potential as a pest. Pest control efforts within and

around residences and other buildings, and in crop fields when carried

out in accordance with pesticide label restrictions, are unlikely to

conflict with Preble's conservation. However, in some cases the

application or discharge of agrichemicals, or other pollutants, and

pesticides, onto plants, soil, ground water, or other surfaces within

areas that drain into streams occupied by Preble's may result in the

deterioration of Preble's habitat and cause harm to the species. Use of

such chemicals in violation of label directions, or any use following

Service notification that such use, application or discharge is likely

to harm the species, would be evidence of unauthorized use, application

or discharge.

Peer Review

In accordance with policy promulgated July 1, 1994 (59 FR 34270),

the Service solicited the expert opinions of independent specialists

regarding pertinent scientific or commercial data and assumptions

relating to the taxonomy, population models, and supportive biological

and ecological information for species under consideration for listing.

The purpose of such review is to ensure listing decisions are based on

scientifically sound data, assumptions, and analyses, including input

of appropriate experts and specialists.

The data and assumptions regarding the Preble's meadow jumping

mouse were reviewed by three specialists. Peer reviewers were

identified through inquiries to research institutions, universities,

and museums for individuals with recognized expertise with the subject

taxa. The reviewers were asked to comment upon specific assumptions and

conclusions regarding the species. Their comments have been

incorporated into the final rule as appropriate and are summarized

below.

One reviewer provided a context for species status over time scales

reflecting long-term climate change and effects of European settlement

within Preble's meadow jumping mouse range. The same reviewer (citing a

relative lack of species-specific trapping efforts prior to the 1990's

and geographical gaps in recent survey efforts) stated that while

conclusions regarding recent Preble's decline might be accurate, they

were not strongly supported by capture data. The reviewer suggested

that examination of the adverse changes to the riparian habitats

required by Preble's could provide additional insight to population

status and trends.

The reviewers of the Preble's meadow jumping mouse information

concluded that additional study of habitat requirements and population

biology are needed to implement effective conservation of Preble's.

Specifically, the limited knowledge of hibernation habitat requirements

was cited by two reviewers. A better understanding of Preble's movement

patterns was cited by two reviewers as important. One reviewer

emphasized that more information on Preble's food habitats is needed.

All three reviewers discussed threats to the Preble's meadow

jumping mouse. One reviewer suggested that known populations at the Air

Force Academy and Rocky Flats reflect the long-term protection of these

sites from human disturbance rather than presence of optimal Preble's

habitat. Another reviewer concluded that currently only two or three

sites supporting Preble's are adequately protected. Threats discussed

by reviewers included fragmentation of riparian corridors, gravel

mining, and alteration of water regimes and the resulting effects on

riparian vegetation.

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. After reviewing the best

scientific data currently available, the Service believes that Preble's

meadow jumping mouse has undergone a decline in range and that

populations within its remaining range have been lost. Habitat loss and

fragmentation resulting from human land uses have adversely impacted

Preble's populations, and continue to do so. Armstrong (in litt. 1997)

concluded that the meadow jumping mouse, in this region as elsewhere,

is a habitat specialist, and that its specialized habitat is declining.

As the summary below demonstrates, a variety of known and potential

threats to its habitat have been documented.

The Colorado Natural Heritage Program ranks Preble's meadow jumping

mouse as T2, imperiled globally, and S2, imperiled in Colorado; the

Wyoming Natural Diversity database ranks Preble's as S1, critically

imperiled in Wyoming (Schuerman and Pague 1997).

A study by Compton and Hugie (1993), which was funded by the

Service, found it difficult to assess historical trends and current

status of Preble's meadow jumping mouse due to the scarcity of

demographic data. Based on their review, 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.

Since 1993, efforts to document existing populations of Preble's

meadow jumping mouse have increased commensurate with rising concern

over its status. Recent trapping efforts have located Preble's meadow

jumping mouse populations in some areas (Douglas, El Paso, and Elbert

counties, Colorado) where few or no historical records exist. However,

recent trapping has also failed to produce captures at historical sites

and sites with apparently suitable habitat within Preble's historical

range. Preble's is not known to be currently present in Adams,

Arapahoe, and Denver counties in Colorado where it was historically

documented.

Ryon (1996, in litt. 1997) investigated nine historical Preble's

meadow jumping mouse capture sites in six Colorado counties through

trapping and site history. Ryon concluded that Preble's was absent at

all nine sites and related absence of Preble's to changes in habitat

(see also Ryon and Harrington

[[Page 26524]]

1996). Specific human activities impacting habitat at these sites

included real estate development, highway construction, stream

alteration, and grazing. In addition, offsite impacts may have caused

isolation of sites that rendered them unsuitable for Preble's. Ryon

concluded that the range of Preble's has decreased, especially adjacent

to or east of the Interstate Highway 25 urban corridor.

Extensive studies of public lands in Boulder County in 1995

resulted in capture of 23 Preble's, on 2 of 13 sites surveyed, in

17,800 trapnights of effort (Armstrong et al. 1996). Sites were

selected, in part, based on documented historical presence and

perceived quality of habitat. Among the authors' conclusions were that

Preble's is not abundant in the Colorado Piedmont of Boulder County and

that suitable habitat appeared to be present on some sites where

trapping was unsuccessful.

Recent surveys for Preble's meadow jumping mouse at certain other

sites with potential habitat 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 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 (Harrington pers. comm. 1995).

Patterns of capture suggest that populations may fluctuate over

time at occupied sites (Shenk in litt. 1998). This raises questions

regarding security of documented populations and significance of

unsuccessful trapping reports. However, trapping surveys provide the

best available information regarding current status and distribution of

Preble's.

Over 150 surveys for Preble's meadow jumping mouse have been

conducted in recent years at locations where development is

anticipated. In 1997, results of 104 Colorado surveys were submitted to

the Service for proposed or potential development sites that supported

potential Preble's habitat. Nine of 35 surveys in El Paso County, 7 of

19 in Boulder County, and 1 of 17 from Jefferson County documented

Preble's presence. All successful surveys in El Paso County were on

Monument Creek and its tributaries upstream from (north of) downtown

Colorado Springs. In contrast, approximately 15 trapping studies from

El Paso County downstream of the Cottonwood Creek and Monument Creek

confluence (on Monument Creek, Fountain Creek, and their tributaries)

failed to document Preble's. Six of 7 successful Boulder County surveys

were near a 2-mile segment of State Highway 36 near Lyons (Ensight

Technical Services 1997). Thirty-three 1997 surveys from Adams,

Arapahoe, Denver, Douglas, Larimer, and Weld counties failed to locate

Preble's. Fragmentation and isolation of habitat have apparently caused

local extirpation of Preble's in highly developed areas. Shenk (in

litt. 1998) suggested that development of the Denver metropolitan area

has created a north-south gap in Preble's range.

In contrast to surveys above at anticipated development sites,

Meaney et al. (1997) targeted likely Preble's meadow jumping mouse

habitat throughout its known range and successfully trapped Preble's at

7 of 10 sites in 1997. Their results filled gaps regarding Preble's

status in north-central Colorado and suggest that their ability to

identify Preble's habitat has improved over their 1995 and 1996 efforts

which found Preble's at 0 of 10 and 4 of 10 sites respectively.

While historical status in Wyoming is less clear (Garber 1995),

Preble's meadow jumping mouse is not currently known from its former

range in Albany, Goshen, and Natrona counties. Garber documented

Preble's persisting at only two Wyoming sites, commented on the

difficulty of capturing Preble's at these sites, and concluded that

substantial additional work was needed to fully determine the status of

Preble's in Wyoming. The Wyoming Game and Fish Department (Bill Wichers

in litt. 1997) concurred with the conclusion that Preble's has likely

been extirpated from most or all of its historical range in Wyoming.

Trapping surveys provide evidence that the Preble's meadow jumping

mouse has declined throughout portions of its range. This decline and

future threats to existing Preble's populations are linked to

widespread habitat alteration. 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,

this area of development corresponds almost directly to known Preble's

range. Fueled by human population increases, an increase of 1 million

people is estimated by 2020, development in this area continues at an

unprecedented rate.

Compton and Hugie (1993, 1994) cited human activities that have

adversely impacted Preble's meadow jumping mouse including: conversion

of grasslands to farms; livestock grazing; water development and

management practices; and residential and commercial development. They

mentioned the effects of urbanization occurring from Colorado Springs,

Colorado, to Cheyenne, Wyoming, as a continuing threat to remaining

populations. Ryon (1995) commented that recent capture sites he

observed were on large, historically undisturbed lands supporting

native plant communities.

Shenk (in litt. 1998) linked potential threats to ecological

requirements of Preble's meadow jumping mouse and suggested that

factors which impacted vegetation composition and structure, riparian

hydrology, habitat structure, distribution, geomorphology, and animal

community composition must be addressed in any conservation strategy.

Some researchers hypothesize that overgrazing by livestock 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 overgrazing

was the most significant factor in reducing habitat for Preble's. While

not mentioning grazing specifically, the Wyoming Game and Fish

Commission (Wichers in litt. 1997) cited riparian degradation as the

primary cause of Preble's decline in Wyoming and stated that the

situation would not improve without active management. Ryon (1996)

cited livestock grazing as a contributor to lack of structural habitat

diversity he observed on historical Preble's sites in Colorado. Two of

the largest documented populations of Preble's exist on Federal

properties (Rocky Flats and the U.S. Air Force Academy) where livestock

grazing is excluded.

The importance of ``late season obesity'' (the buildup of fat

reserves) in meadow 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). Preble's meadow jumping mice entering hibernation

with

[[Page 26525]]

low fat reserves are 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 the Preble's meadow jumping mouse, largely as land

management tools. Impacts of current management practices to Preble's

and their habitats are largely unknown.

The Preble's meadow jumping mouse has been documented to coexist on

sites supporting grazing, including the Medicine Bow National Forest in

Wyoming and Plum Creek, Douglas County, in Colorado. Armstrong et al.

(1997) suggested that timing and intensity of grazing are probably

important factors in maintaining Preble's habitat and that maintenance

of woody vegetative cover may be a key consideration.

Human development has produced profound changes in the hydrology of

streams flowing east from the Colorado Front Range. Riparian habitat on

which the Preble's meadow jumping mouse depends is in turn dependent on

surface flows and groundwater. Water development and management in its

various forms can alter Preble's meadow jumping mouse habitat, often,

but not always, with adverse impacts. Fitzgerald et al. (1994) stated

that inundation of riparian areas to create reservoirs had decreased

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. However, Preble's

has been shown to use overgrown water conveyance ditches and pond edges

and may use ditches for dispersal (Meaney et al. 1997, Shenk in litt.

1998).

Water diversions and associated land use changes can impact

Preble's meadow jumping mouse habitat directly, as well as through

hydrologic alterations to Preble's habitat located downstream. While an

integrated natural resource management plan at the Air Force Academy

includes specific provisions for Preble's conservation, Corn et al.

(1995) expressed concern over the hydrologic integrity of Monument

Creek and its tributaries because of activities upstream of the Air

Force Academy. Flood control, through the placement of riprap and other

structural stabilization options, has been proposed on areas that

support Preble's, including portions of Monument Creek and its

tributaries.

While Rocky Flats supports one of the 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 habitats. Without careful planning,

Preble's meadow jumping mouse habitats at Rocky Flats 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. An

additional threat is potential disruption of the current hydrology by

mining operations. 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. The Service is currently working with the Department of

Energy to provide permanent protection of Preble's habitat at Rocky

Flats.

Alluvial aggregate extraction, often in or near riparian habitats,

continues to expand as development intensifies along the Colorado Front

Range. Ryon (1996) and Armstrong et al. (1997) suggested that such

mining can destroy and fragment Preble's meadow jumping mouse habitat.

Armstrong (in litt. 1997) suggested that mining impacts are significant

and, unlike some other human uses, cause permanent changes to Preble's

habitat. Mining also targets gravel deposits that may provide key

hibernation sites.

Residential and commercial development, accompanied by highway and

bridge construction, and instream alterations to implement flood

control, directly remove Preble's meadow jumping mouse habitat, or

reduces, alters, fragments, and isolates habitat to the point where

Preble's meadow jumping mouse can no longer persist. 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 effect Preble's or its habitat.

At some historical capture sites, habitat appears intact, but isolation

has probably rendered the sites unsuitable for Preble's (Ryon 1996).

Roads, trails, or other linear development through Preble's habitat may

act as barriers to movement. Shenk (1998) suggested that on a landscape

scale, maintenance of acceptable dispersal corridors linking patches of

Preble's habitat may be critical to its conservation.

Development and heavy use of trails within occupied Preble's meadow

jumping mouse 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

many 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. A current study near a

new paved trail along South Boulder Creek is assessing impacts to a

known Preble's population (Meaney in litt. 1998).

Habitat alteration may encourage invasion of weeds. While little is

known regarding impact of invasive, nonnative vegetation on Preble's

meadow jumping mouse, Ryon (1996) 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 degrading Preble's habitat and the potential problem of weed

control programs removing cover and thereby impacting Preble's habitat.

In summary after reviewing the best scientific data currently

available, the Service finds that Preble's meadow jumping mouse has

undergone a decline in range and that populations within its remaining

range have been lost. Habitat alteration, degradation, loss, and

fragmentation resulting from residential, commercial, recreational,

flood control and water development, and agricultural and livestock

grazing land uses have adversely impacted and fragmented Preble's

populations. Significant threats to the continued existence of Preble's

are also posed by hazardous materials, mining, and highway and bridge

construction. This species is also highly susceptible to localized

extinction from naturally occurring events such as flooding, predation,

and disease outbreaks.

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. While

[[Page 26526]]

the Service is aware of a small amount of incidental mortality

associated with recent scientific studies, this is not thought to

present a threat to Preble'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 whether or not any 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 free-ranging 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 or non-application of the existing laws and regulations that

could serve to protect Preble's and its 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 for non-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 due to scarcity or decline.

Colorado Division of Wildlife Regulations (Chapter 10, Article IV)

classify Z. hudsonius 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. Preble's is currently under

consideration for endangered species designation in Colorado. 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 species' habitats. 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 few regional or local laws, regulations, or ordinances

that specifically protect Preble's meadow jumping mouse or its habitat

from inadvertent or intentional adverse impacts. A myriad of local

regulations, incentive programs, and open space programs exist, as

documented in materials forwarded to the Service by the Colorado

Department of Natural Resources. While certain regulations are designed

to conserve wetlands or floodplains, it is unlikely that they

effectively control land uses (grazing, mowing, cutting, burning) that

may impact vegetation on which Preble's depends. Further, Preble's may

be dependent on hibernacula sites outside the protected wetlands or

floodplains. Many existing local regulations create a process of site

plan review which ``considers'' or ``encourages'' conservation of

wildlife, wetlands, and natural habitats. Effectiveness of local

regulations in maintaining naturally functioning riparian corridors may

vary greatly depending on how these apparently flexible regulations are

implemented. Beyond direct impact to Preble's habitat, secondary

impacts of development (increased recreational use, altered flow

regimes and groundwater levels, and increase in domestic predators) may

not currently be addressed at the local level.

Of note is the 1997 creation of a Preble's Meadow Jumping Mouse

Working Group, organized by the Colorado Department of Natural

Resources to initiate a collaborative planning process designed to

produce a legally and scientifically sound approach to conservation of

Preble's. This effort is supported in part by appropriations from

Congress, specifically for the Preble's planning process. The Service

is an active participant in this process and is fully supportive of the

goal of developing a Preble's conservation plan and implementing

agreements. However, there are no such plans or agreements currently in

place. The Service anticipates that this planning process may lead to

the creation of one or more Habitat Conservation Plans or to the

application of the Service's discretionary rule-making authority

pursuant to section 4(d) of the Endangered Species Act.

E. Other natural or manmade factors affecting its continued

existence. Use of pesticides and herbicides has undoubtably increased

across known Preble's meadow jumping mouse range as human land use has

intensified. These chemicals could directly poison Preble's or 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, historically a rare

mammal, has declined. Seven counties in Colorado and two in Wyoming are

known to support Preble's populations. Riparian habitats required to

support Preble's have been severely modified or destroyed by human

activities 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. Existing regulations

have proven to be inadequate to protect Preble's, as witnessed by its

apparent 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 developing this rule. Based on

this evaluation, the preferred action is to list the Preble's meadow

jumping mouse as a threatened species. The Service has determined that

the Preble's meadow jumping mouse is likely to become endangered within

the foreseeable future throughout all or a significant portion of its

range and therefore meets the requirements to be listed as threatened.

Based on 1997

[[Page 26527]]

survey data, Preble's is now known to exist in several additional sites

in Colorado. In addition, 1997 studies in Douglas County, Colorado,

suggest substantial occupied habitat exists along East Plum Creek and

West Plum Creek. For this reason, the Service believes that a

designation as threatened more accurately reflects the threats facing

this species than the endangered status that was identified in the

March 25, 1997, proposed rule. The Service knows of no substantial

disagreement among scientists knowledgeable about Preble's regarding

the sufficiency or accuracy of the available data relevant to this

determination, which would serve as a basis for extension of the

proposed rule. 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 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 endangered or threatened. Service

regulations (50 CFR 424.12(a)(1)) state that designation of critical

habitat is not prudent when one or both of the following situations

exist: (1) The species is threatened by taking or other human activity,

and identification of critical habitat can be expected to increase the

degree of threat to the species, or (2) such designation of critical

habitat would not be beneficial to the species. The Service finds that

designation of critical habitat is not prudent for Preble's meadow

jumping mouse for the reasons described below.

Critical habitat receives consideration under section 7 of the Act

with regard to actions carried out, authorized, or funded by a Federal

agency (see Available Conservation Measures section). As such,

designation of critical habitat may affect activities on Federal lands

and may affect activities on non-Federal lands where such a Federal

nexus exists. Potential benefits of critical habitat designation derive

from section 7(a)(2) of the Act, which requires Federal agencies, in

consultation with the Service, to ensure that their actions are not

likely to jeopardize the continued existence of listed species or to

result in the destruction or adverse modification of critical habitat

of such species.

Critical habitat, by definition, applies only to Federal agency

actions. 50 CFR 402.02 defines ``jeopardize the continued 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.

Both jeopardizing the continued existence of a species and adverse

modification of critical habitat have similar standards and thus

similar thresholds for violation of section 7 of the Act. In the

section 7(a)(2) consultation process, the jeopardy analysis focuses on

potential effects on the species' populations, whereas the destruction

or adverse modification analysis focuses on habitat value, specifically

on those constituent elements identified in the critical habitat

listing.

Common to both jeopardy and destruction or adverse modification

biological opinions is the requirement that the Service find an

appreciable effect on both the species' survival and recovery. This is

in contrast to the public perception that the adverse modification

standard sets a lower threshold for violation of section 7 than that

for jeopardy. Thus, Federal actions satisfying the standard for adverse

modification are nearly always found to also jeopardize the species

concerned, and the existence of designated critical habitat does not

materially affect the outcome of consultation. Biological opinions that

conclude that a Federal agency action is likely to adversely modify

critical habitat but is not likely to jeopardize the species for which

it is designated are extremely rare historically; none have been issued

in recent years. Thus, the Service believes that, from a section 7

consultation perspective, little or no additional conservation benefit

would be achieved for Preble's meadow jumping mouse by the designation

of critical habitat.

Additionally, designation of critical habitat provides protection

only on Federal lands or on non-Federal lands when there is Federal

involvement, through authorization or funding or participation, in a

project or activity. Four populations of the Preble's meadow jumping

mouse are located on Federal lands administered by the U.S. Forest

Service, U.S. Air Force and the Department of Energy. These agencies

are aware of the species' occurrence at these sites and the requirement

to consult with the Service. The Department of Energy (DOE) at Rocky

Flats and the Air Force Academy have both been active in Preble's

meadow jumping mouse survey, research and conservation. The DOE

continues to study Preble's at Rocky Flats, has mapped occupied and

potential habitat, and is developing a PMJM Protection Plan for the

facility. The Air Force Academy has been active in surveying for

Preble's and continues to support research into habitat use including

radio tracking of animals. Warren Air Force Base and the Forest Service

have supported some survey work with additional work remaining to be

accomplished. In each case these facilities, Rocky Flats and the Air

Force Academy, both of which support important populations, are well

aware of their responsibilities regarding section 7. The designation of

critical habitat would provide no change in their present operations

and impart no additional benefit. Therefore, informing these agencies

of the species location and need to consult is unnecessary.

Designation of critical habitat provides no limitations or

constraints on private landowners if there is no Federal nexus, and, as

such, provides the species no benefit. Activities on private lands

rarely have a federal nexus. A Federal nexus may in some cases be found

for parcels of lands where there is an activity either funded,

authorized or permitted by a Federal agency. Under the Clean Water Act

section 404 a permit is required for any activity resulting in the

discharge of dredge and fill material from jurisdictional waters.

Generally such activities on small parcels of private lands are

excluded from individual permit requirements under the Corps section

404 Nationwide Permit program. In all cases where there is a Federal

nexus to an activity occurring on private lands, any underlying Federal

action (the issuance of a permit) triggering the standard for adverse

modification would also be found to trigger the jeopardy standard, with

the existence of designated critical habitat not materially affecting

the outcome of consultation. Therefore such designation of critical

habitat on balance would not afford the Preble's meadow jumping mouse

any additional benefit.

[[Page 26528]]

Expansive blocks of public lands ensures that Federally sponsored

activities will receive the benefit of section 7 consultation,

regardless of whether or not critical habitat is designated. Protection

of the habitat of the species will also be addressed through the Act's

recovery process. Only through the recovery process will a recovery

plan be created that will prescribe specific management actions and the

establishment of numerical population goals. In addition, the

landowners may choose to develop a habitat conservation plan through

the section 10 permitting process that will manage for the conservation

of the species. Thus, protection of habitat can be addressed through

the recovery, section 10 and section 7 consultation processes, and

designation of critical habitat would afford the Preble's meadow

jumping mouse no additional benefit.

Listing of the Preble's meadow jumping mouse as a threatened

species also 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 (for example poisoning, lethal trapping,

burning or cutting of habitat), the designation of critical habitat in

and of itself and the publication of maps providing its precise

locations and descriptions of essential elements, as required for the

designation of critical habitat, would reasonably be expected to

increase the degree of threat to the species and its habitat, increase

the difficulties of law enforcement, and further contribute to the

decline of Preble's.

The Service acknowledges that critical habitat may provide some

minor benefit in that it may identify areas important to a species,

call attention to those areas in special need of protection and

contribute a positive influence for securing funding or land

acquisitions, etc., if a parcel of land is designated as critical

habitat. However, in this case, where identification of such areas is

expected to exacerbate a potentially serious additional threat

(vandalism), information regarding the special needs of the species for

protection can be disseminated more effectively through alternative

means, and such designation could also impart negative connotations and

dissuade people from participating in conservation activities simply

because an area is designated critical habitat.

Therefore, because of the increased threat of taking, the fact that

designation of critical habitat would provide little different or

greater benefit than that provided by the jeopardy standard under

section 7 regulations, and that any minor benefits accruing from such

designation are outweighed by its negative effects, the Service has

determined that the designation of critical habitat for the Preble's

meadow jumping mouse is not prudent.

The Service will continue its efforts to obtain more information on

Preble's meadow jumping mouse biology and ecology, including essential

habitat characteristics, current and historical 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 States, 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)(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 U.S. Air Force, Department of Energy, U.S. Forest Service, Colorado

Division of Wildlife, Colorado State Parks, Boulder County, Jefferson

County, City of Boulder, and on private lands. For Federal lands where

Preble's occur, the Act would require the appropriate land management

agency to evaluate potential impacts to Preble's 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, Bureau of Reclamation, Department of the Army, Department

of the Air Force, Office of Surface Mining, Western Area Power

Administration, Rural Utilities Service, Federal Energy Regulatory

Commission, Department of Housing and Urban Development, Federal

Highway Commission, and Environmental Protection Agency. Federally

listing Preble's as a threatened species 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 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 access 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 developments, including roads, bridges, public utilities

and telephone lines, pipelines, and other structures; bioremediation

and hazardous materials

[[Page 26529]]

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 listed 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 State conservation agencies.

Permits may be issued to carry out otherwise prohibited activities

involving listed 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. Information collections associated with

these permits are approved under the Paperwork Reduction Act, 44 U.S.C.

3501 et seq., and assigned Office and Management and Budget clearance

number 1018-0094. For additional information concerning these permits

and associated requirements, see 50 CFR 17.32.

Requests for copies of the regulations regarding listed wildlife

and inquiries about prohibitions and permits may be addresses 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

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 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

development, housing and commercial 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 development, housing and commercial 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, does not alter

downstream hydrology or riparian habitat supporting Preble's, and does

not result in actual death or injury to the species by significantly

modifying essential behavioral patterns;

(3) Within the hibernation period and outside denning areas,

controlled burns and mowing, or other activities that temporarily 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 recreational activities undertaken on foot or horseback

at breeding, feeding, and hibernating sites that do not degrade

Preble's meadow jumping mouse habitat (e.g., waterfowl hunting, bird

watching, sightseeing, photography, camping, hiking); and,

(5) Application of pesticides in accordance with label

instructions, 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, thereby significantly modifying

essential behavioral patterns (e.g., plowing, mowing, or cutting;

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); when such activities are not

carried out pursuant to either a section 10(a)(1)(B) permit issued by

the Service; a protective regulation issued under section 4(d)

necessary and advisable for the conservation of the species, or in

accordance with any reasonable and prudent measures given by the

Service under section 7(b)(4)(C)(ii) of the Act.

(3) The application or discharge of agrichemicals, or other

pollutants, and pesticides, onto plants, soil, ground water, or other

surfaces in violation of label directions, or any use following Service

notification that such use, application or discharge is likely to harm

the species; would be evidence of unauthorized use, application or

discharge.

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 designated 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 9

must be supported by a habitat conservation plan (HCP) under section 10

that identifies conservation measures that the permittee agrees to

implement to conserve the species, usually on the permittee's lands.

The Service would approve an HCP, and issue a section 10(a)(1)(B)

permit only 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.

National Environmental Policy Act

The Service has determined that Environmental Assessments and

Environmental Impact Statements, as defined under the authority of the

[[Page 26530]]

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, Transportation.

Regulation Promulgation

Accordingly, the Service amends part 17, subchapter B of chapter I,

title 50 of the Code of Federal Regulations, as amended, as set forth

below:

PART 17--[AMENDED]

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

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

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

2. 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, Preble's meadow Zapus hudsonius U.S.A. (CO, WY).... ......do........... T 636 NA NA

jumping. preblei.

* * * * * * *

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

Dated: May 8, 1998.

John G. Rogers,

Director, Fish and Wildlife Service.

[FR Doc. 98-12828 Filed 5-12-98; 8:45 am]

BILLING CODE 4310-55-P