Endangered and Threatened Wildlife and Plants; Proposed Rule to List the San Bernardino Kangaroo Rat as Endangered; and Notice of Public Hearing

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE59

Endangered and Threatened Wildlife and Plants; Proposed Rule to

List the San Bernardino Kangaroo Rat as Endangered; and Notice of

Public Hearing

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to make

the provisions of the emergency rule listing the San Bernardino

kangaroo rat (Dipodomys merriami parvus) as an endangered species

pursuant to the Endangered Species Act of 1973, as amended (Act),

permanent. The historic range of the San Bernardino kangaroo rat has

been reduced by approximately 96 percent due to agricultural and urban

development. Of the remaining occupied habitat, a minimum of 90 percent

is threatened by habitat loss, degradation, and fragmentation due to

sand and gravel mining operations, flood control projects, and urban

development. In addition, all of the remaining populations of San

Bernardino kangaroo rat are threatened by seasonal flood events due to

current restriction of the subspecies to these active flood plain

habitats. Additional data and information on the status of this animal,

which may assist the Service in making a final decision on this

proposed action, is solicited.

DATES: Comments from all interested parties must be received by March

30, 1998. A public hearing has been scheduled for Tuesday, March 3,

1998, from 2-4 P.M. and 6-8 P.M.

ADDRESSES: Comments and materials concerning this proposal should be

submitted to the Field Supervisor, U.S. Fish and Wildlife Service,

Carlsbad Field Office, 2730 Loker Avenue West, Carlsbad, California

92008. Comments and materials received will be available for public

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

address. The public hearing will be held at the San Bernardino Hilton,

285 E. Hospitality Lane, San Bernardino, California.

FOR FURTHER INFORMATION CONTACT: Field Supervisor, Carlsbad Field

Office, at the address listed above (telephone 760/431-9440).

SUPPLEMENTARY INFORMATION:

Background

For a thorough discussion of biological information, previous

Federal action, a summary of the factors affecting the species, the

reasons why critical habitat is not being proposed, and conservation

measures available to listed and proposed species, consult the

emergency rule on the San Bernardino kangaroo rat published in this

same Federal Register, separate part.

Public Comments Solicited

The Service intends that any final action resulting from this

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

comments or suggestions from the public, other concerned governmental

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

party concerning this proposed rule are hereby solicited.

[[Page 3878]]

Comments particularly are sought concerning:

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

any threat (or lack thereof) to this subspecies;

(2) The location of any additional populations of this subspecies;

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

population size of this subspecies; and

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

possible impacts on this subspecies.

Any final decision on this proposal will take into consideration

the comments and any additional information received by the Service,

and such communications may lead to a final regulation that differs

from this proposal.

The Endangered Species Act provides for a public hearing on this

proposal, if requested. In anticipation of public interest, the Service

has scheduled a public hearing on Tuesday, March 3, 1998, at the San

Bernardino Hilton. Parties wishing to make statements for the record

should bring a copy of their statement to the hearing. Oral statements

may be limited in length if the number of parties present at the

hearing necessitates such a limitation. There are no limits to the

lengths of written comments or materials presented at the hearing or

mailed to the Service. Written comments carry the same weight as oral

comments. The comment period closes on March 30, 1998. Written comments

should be submitted to the Service Office listed in the ADDRESSES

section.

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment or Environmental Impact Statement, as defined under the

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

prepared in connection with regulations adopted pursuant to section

(4)(a) of the Endangered Species Act of 1973, as amended. A notice

outlining the Service's reasons for this determination was published in

the Federal Register on October 25, 1983 (48 FR 49244).

Author

The primary author of this proposed rule is Arthur Davenport of the

Carlsbad Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

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

as set forth below:

PART 17--[AMENDED]

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

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

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

2. Amend Sec. 17.11(h) by adding the following, in alphabetical

order under Mammals, to the List of Endangered and Threatened Wildlife

to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

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Species Vertebrate

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

Historic range endangered or Status When listed habitat rules

Common name Scientific name threatened

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MAMMALS

* * * * * * *

Kangaroo rat, San Bernardino..... Dipodomys merriami U.S.A. (CA)........ Entire............. E 631,____ NA NA

parvus.

* * * * * * *

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Dated: January 20, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98-2010 Filed 1-26-98; 8:45 am]

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