Endangered and Threatened Wildlife and Plants; Emergency Rule To List the San Bernardino Kangaroo Rat as Endangered

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE59

Endangered and Threatened Wildlife and Plants; Emergency Rule To

List the San Bernardino Kangaroo Rat as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Emergency rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) exercises its

emergency authority to determine the San Bernardino kangaroo rat

(Dipodomys merriami parvus) to be an endangered species pursuant to the

Endangered Species Act of 1973, as amended (Act). This subspecies

occurs primarily in alluvial scrub habitats with appropriate vegetative

cover and substrate composition. The historic range of the San

Bernardino kangaroo rat has been reduced by approximately 96 percent

due to agricultural and urban development. All of the remaining

populations of the San Bernardino kangaroo rat are threatened by

habitat loss, degradation, and fragmentation due to sand and gravel

mining operations, flood control projects, urban development, and

vandalism. In addition, the three largest remaining populations of the

San Bernardino kangaroo rat are threatened by habitat loss resulting

from a change in the natural stream flow regime including seasonal

flooding and associated modification of plant succession patterns. The

threat of vandalism to large portions of the remaining habitat may be

imminent. Threats have been made indicating that habitat would be

destroyed if the Service attempted to list the San Bernardino kangaroo

rat. Because of the need to make protective measures afforded by the

Act immediately available to this subspecies and its habitat, the

Service finds that an emergency rule action is justified. This

emergency rule provides Federal protection pursuant to the Act for this

subspecies for a period of 240 days. A proposed rule to list the San

Bernardino kangaroo rat, requesting data and comment from the public,

is being published concurrently in this same Federal Register issue

under the proposed rule section.

DATES: This emergency rule is effective on January 27, 1998, and

expires on September 24, 1998.

ADDRESSES: The complete file for this rule is available for inspection,

by appointment, during normal business hours at the U.S. Fish and

Wildlife Service, Carlsbad Field Office, 2730 Loker Avenue West,

Carlsbad, California 92008.

FOR FURTHER INFORMATION CONTACT: Field Supervisor, at the above address

(telephone 760/431-9440).

SUPPLEMENTARY INFORMATION:

Background

The San Bernardino kangaroo rat (Dipodomys merriami parvus) is one

of 19 recognized subspecies of Merriam's kangaroo rat (D. merriami), a

widespread species distributed throughout arid regions of the western

United States and northwestern Mexico (Hall 1981, Williams et al.

1993). In coastal southern California, D. merriami is the only species

of kangaroo rat with four toes on each of its hind feet. The San

Bernardino kangaroo rat has a body length of about 95 millimeters (mm)

(3.7 inches (in)) and a total length of 230 to 235 mm (9 to 9.3 in).

The hind foot measures less than 36 mm (1.4 in) in length. The body

color is weakly ochraceous (yellow) with a heavy overwash of dusky

brown. The tail stripes are medium to dark brown and the foot pads and

tail hairs are dark brown. The animal's flanks and cheeks are dusky

(Lidicker 1960). The San Bernardino kangaroo rat is considerably darker

and much smaller than either of the other two subspecies of Merriam's

kangaroo rat in southern California, D. merriami merriami and D.

merriami collinus. Lidicker (1960) noted that the San Bernardino

kangaroo rat is one of the most highly differentiated subspecies of D.

merriami and that ``it seems likely that it has achieved nearly species

rank.'' This differentiation is likely due to its apparent isolation

from other members of D. merriami.

The San Bernardino kangaroo rat, a member of the family

Heteromyidae, was first described by Rhoades in 1894 under the name

Dipodomys parvus from specimens collected by R.B. Herron in Reche

Canyon, San Bernardino County, California (Hall 1981). Elliot reduced

D. parvus to a subspecies of D. merriami (D. merriami parvus) in 1901.

The San Bernardino kangaroo rat appears to be separated from Merriam's

kangaroo rat (D. merriami merriami) at the northernmost extent of its

range near Cajon Pass by a 8 to 13 kilometer (km) (5 to 8 mile (mi))

gap of unsuitable habitat. The San Bernardino kangaroo rat may have in

the distant past also intergraded with D. merriami collinus to the

south in the vicinity of Menifee (Lidicker 1960, Hall 1981).

The historical range of this subspecies extends from the San

Bernardino Valley in San Bernardino County to the Menifee Valley in

Riverside County (Lidicker 1960, Hall 1981). Within this range, the San

Bernardino kangaroo rat was known from over 25 localities (McKernan

1993). From the early 1880's to the early 1930's, the San Bernardino

kangaroo rat was a common resident of the San Bernardino and San

Jacinto valleys of southern California (Lidicker 1960).

In most heteromyids, soil texture is a primary factor in

determining species' distributions (Brown and Harney 1993). San

Bernardino kangaroo rats are found primarily on sandy loam substrates,

characteristic of alluvial fans and flood plains, where they are able

to dig simple, shallow, burrows (McKernan 1997). Based on the

distribution of suitable (i.e., sandy) soils and the historical

collections of this subspecies, the historical range is thought to have

encompassed an area of approximately 128,000 hectares (ha) (320,000

acres (ac)) (Service, unpub. GIS maps, 1997). Although the entire area

of the historical range would not have been occupied due to variability

in vegetation and soils, the San Bernardino kangaroo rat was widely

distributed across this area. By the 1930's, the habitat had been

reduced to approximately 11,200 ha (28,000 ac)(McKernan 1997).

Currently, the San Bernardino kangaroo rat occupies approximately

1,299 ha (3,247 ac) of suitable habitat divided unequally among seven

locations, which are widely separated from one another (McKernan 1997).

Four of these locations (City Creek (8 ha (20 ac)), Etiwanda (2 ha (5

ac)), Reche Canyon (2 ha (5 ac)), and South Bloomington (.8 ha (2 ac))

support only small, remnant, populations. The

[[Page 3836]]

remaining three locations (the Santa Ana River (690 ha (1,725 ac)),

Lytle and Cajon washes (456 ha (1,140 ac)), and San Jacinto River (140

ha (350 ac)) contain the largest extant concentrations of kangaroo rats

and blocks of suitable habitat.

The three largest remaining blocks of occupied habitat (i.e., Santa

Ana River, Lytle/Cajon creeks, and San Jacinto River) (1,286 ha (3,215

ac)) are distributed across a mosaic of approximately 5,479 ha (13,697

ac) of typically suitable, alluvial soils, which are dominated by sage

scrub and chaparral. Virtually all remaining vegetative associations

(except about 1,286 ha (3,215 ac)) are more mature than the open, early

successional habitat structure required by the San Bernardino kangaroo

rat. Existing and proposed hydrological modifications eliminate habitat

renewal and obstruct population recovery over these highly fragmented

wash habitats (Hanes et al. 1989, McKernan 1997). Thus, the residual 4

percent of historical habitat (5,479 ha (13,697 ac)), supports only

about 1,286 ha (3,215 ac), that are ever likely to provide habitat,

absent habitat renewal through large-scale flood or intensive

management intervention. It is estimated that 400 ha (1,000 ac) are

likely to support suitable habitat in the future, considering that 54

percent of remaining flood plain habitats are proposed for development

in the foreseeable future.

Currently, the San Bernardino kangaroo rat is found primarily

associated with a variety of sage scrub vegetation, where the common

element is the presence of sandy soils (McKernan 1997). Where the San

Bernardino kangaroo rat occurs in alluvial scrub, the subspecies

reaches its highest densities in early and intermediate seral stages

(McKernan 1997). Alluvial scrub includes elements from chaparral,

coastal sage, and desert communities. Three successional phases of

alluvial scrub have been described: pioneer, intermediate, and mature

alluvial scrub, depending on elevation and distance from the main

channels, and the time since previous flooding (Smith 1980, Hanes et

al. 1989). Vegetative cover generally increases with distance from the

active stream channel. The pioneer, or youngest phase, is subject to

frequent disturbance, and vegetation is usually disturbed by annual

floods (Smith 1980, Hanes et al. 1989). The intermediate phase, defined

as the area between the active channel and mature terraces, is subject

to periodic flooding at longer intervals. The vegetation on

intermediate terraces is relatively open, and supports the highest

densities of the San Bernardino kangaroo rat. The mature phase is

rarely affected by flooding and supports the highest plant cover (Smith

1980). These flood events break out of the main river channel randomly,

resulting in a braided appearance to the floodplain. This dynamic

nature to the habitat leads to a situation where not all the alluvial

scrub habitat is suitable for the kangaroo rat at any point in time.

The San Bernardino kangaroo rat, like other subspecies of Merriam's

kangaroo rat, prefers open habitats characterized by low shrub canopy

cover (mostly 7 to 22 percent) and rarely occurs in dense vegetation

(McKernan 1997). The older seral stages of the floodplain often are not

suitable for this subspecies.

The range of the San Bernardino kangaroo rat is partially

overlapped by the distribution of the Stephens' kangaroo rat (Dipodomys

stephensi) and is entirely overlapped by the range of the Pacific

kangaroo rat (D. simulans). Where these species occur in proximity,

they are usually concentrated in different areas. The Stephens'

kangaroo rat typically is associated with open, arid, grassland

associations (Lackey 1967, O'Farrell et al. 1986, O'Farrell and Uptain

1987, O'Farrell 1990), and occurs on a variety of soil types. The

Pacific kangaroo rat typically inhabits denser shrub cover on a variety

of soil types. All three of these species can be identified from one

another based on morphological characters.

Home ranges for the Merriam's kangaroo rat average 0.33 hectares

(ha) (0.8 ac) for males and 0.31 ha (0.8 ac) for females (Behrends et

al. 1986). Long sallies (bursting movements) of 100 meters (m) (328

feet (ft)) or more beyond these ranges are not uncommon. Although

outlying areas of their home ranges may overlap, adults actively defend

small core areas near their burrows (Jones 1993). Home range overlap

between males and between males and females is extensive, but female-

female overlap is slight (Jones 1993).

McKernan (1993) has found pregnant San Bernardino kangaroo rat

females from February through October, and immatures from April through

September. Some females may produce more than one litter per year.

Litter size averages between 2 and 3 young (Eisenberg 1993).

Similar to other kangaroo rats, the San Bernardino kangaroo rat is

primarily granivorous and often stores large quantities of seeds in

surface caches (Reichman and Price 1993). Green vegetation and insects

are also important seasonal food sources. Insects, when available, have

been documented to constitute as much as 50 percent of a kangaroo rat's

diet (Reichman and Price 1993). Females are known to increase ingestion

of foods with higher water content during lactation, presumably to

compensate for the increased water loss associated with milk production

(Reichman and Price 1993). Dipodomys merriami is known for its ability

to live indefinitely without water on a diet consisting entirely of dry

seeds (Reichman and Price 1993).

Previous Federal Action

The San Bernardino kangaroo rat was designated by the Service as a

category 2 candidate species for Federal listing as endangered or

threatened in 1991 (56 FR 58804). Category 2 comprised taxa for which

information in the possession of the Service indicated that proposing

to list as endangered or threatened was possibly appropriate, but for

which conclusive data on biological vulnerability and threat(s) were

not available to support a proposed rule. Based on a review of status

and distribution of the San Bernardino kangaroo rat, the subspecies was

upgraded to a category 1 candidate for listing in 1994 (59 FR 58982).

Category 1 candidate species were those where the Service had

sufficient information on biological vulnerability and threat(s) to

support proposals to list them as endangered or threatened species.

Upon publication of the February 28, 1996, notice of review (61 FR

7596), the Service ceased using category designations and included the

San Bernardino kangaroo rat as a candidate species. The San Bernardino

kangaroo rat was retained as a candidate species in the September 19,

1997, notice of review (62 FR 49401).

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

final listing priority guidance published in the Federal Register on

December 5, 1996 (61 FR 64475) and extended on October 23, 1997 (62 FR

55268). The guidance clarifies the order in which the Service will

process rulemakings. The guidance calls for giving highest priority to

handling emergency situations (Tier 1), second highest priority (Tier

2) to resolving the listing status of the outstanding proposed

listings, third priority (Tier 3) to new proposals to add species to

the list of threatened and endangered plants and animals and fourth

priority (Tier 4) to designating critical habitat and processing

delistings and reclassifications. This emergency rule constitutes a

Tier 1 action.

[[Page 3837]]

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 Federal lists. A species may be determined to be

an endangered or threatened species due to one or more of the five

factors described in Section 4(a)(1) of the Act. These factors and

their application to the San Bernardino kangaroo rat (Dipodomys

merriami parvus) are as follows:

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

of Its Habitat or Range

All occupied habitat of the subspecies, which encompasses

approximately 1,300 ha (3,250 ac), is threatened by the direct and

indirect effects of sand and gravel mining, highway construction, flood

control operations, urban and industrial development, water

conservation activities, and vandalism (McKernan 1997, Service unpub.

GIS maps 1997).

Loss and fragmentation of San Bernardino kangaroo rat habitat is

expected to continue as southern California's human population expands.

In the 1950's, the population of Riverside and San Bernardino counties

combined was about 400,000. Over 2.5 million people reside in this

region, and by the year 2000, the human population of San Bernardino

and Riverside counties is expected to increase to nearly 4 million

(California Department of Finance 1993). Further habitat losses

resulting from development or alteration of the landscape will likely

have a significant adverse effect on the viability of remaining San

Bernardino kangaroo rat populations. Additionally, habitat loss from

intentional destruction of San Bernardino kangaroo rat habitat has been

threatened if the species were to be listed.

Santa Ana River

The largest remaining population of the San Bernardino kangaroo rat

occurs along the Santa Ana River. The flood plain terrace habitat

encompasses about 1,637 ha (4,092 ac), of which approximately 690 ha

(1,725 ac) are occupied by the San Bernardino kangaroo rat (McKernan

1997). The occupied habitat extends more or less continuously from the

vicinity of Norton Air Force Base to the Greenspot Road Bridge north of

Mentone (Service unpub. GIS maps 1997, McKernan 1997). Approximately 66

percent of flood plain terrace habitat is directly at risk due to the

combined activities of the Army Corps of Engineers, United States

Bureau of Land Management (BLM), San Bernardino Valley Water

Conservation District, San Bernardino County Flood Control District,

and two private sand mining operations (Service unpub. GIS maps 1997).

At least 80 percent of the remaining occupied habitat along the

Santa Ana River is indirectly at risk because of the projected changes

in hydrology due to Seven Oaks Dam (Service unpub. GIS maps 1997) being

constructed by the Army Corps of Engineers (U.S. Army Corps of

Engineers 1988). An indirect effect of operation of the Seven Oaks Dam

will be the long-term succession of various stages of alluvial scrub,

including much of a 775-acre mitigation area, into even aged stands of

habitat scrub through time due to a reduction in scouring and

deposition of fresh sands by floods. Curtailed hydrologic disturbance,

where soil moisture is adequate, will allow shrub densities that exceed

the low to moderate densities tolerated by the subspecies to develop

(Hanes et al. 1989, McKernan 1997).

Past and ongoing activities of the San Bernardino County Flood

Control District pose a threat to approximately 400 ha (1,000 ac) of

alluvial scrub habitat in this area. Based on the distribution of soils

and vegetative cover, approximately 176 ha (440 ac) of this area is

occupied by the San Bernardino kangaroo rat (Service unpub. GIS maps

1997). Activities that impact this subspecies and its habitat include

the construction of levees and sediment removal. The area at risk due

to these activities supports approximately 25 percent of the population

along the Santa Ana River (Service unpub. GIS maps 1997, McKernan

1997).

The BLM and San Bernardino Valley Water Conservation District lands

are managed, in part, for the development or operation of water

spreading basins for groundwater recharge. Although the San Bernardino

kangaroo rat can occupy portions of areas modified by spreading basins,

the flooded area is essentially lost to this animal due to the periodic

presence of standing water and the degradation of habitat. Based on the

distribution of soils and vegetative cover, approximately 140 ha (350

ac) of this area is occupied by the San Bernardino kangaroo rat

(Service unpub. GIS maps 1997). The area affected by spreading basins

represents approximately 20 percent of the population along the Santa

Ana River (Service unpub. GIS maps 1997, McKernan 1997). The San

Bernardino Valley Water Conservation District and BLM are coordinating

with the Service and others to develop a regional conservation plan

that attempts to reconcile conflicts among competing land uses,

including the conservation of the San Bernardino kangaroo rat. However,

this conservation plan has not been finalized and is not currently in

effect. Though 371 ha (927 ac) of BLM land potentially are available

for water percolation ponds, no ponds have been constructed recently.

Sand and gravel mining poses a significant and imminent threat to

the San Bernardino kangaroo rat. Two sand mining operations

collectively threaten approximately 552 ha (1,381 ac) of alluvial scrub

habitat in this area (Lilburn 1997a and 1997b, P&D Technologies 1988,

Service unpub. GIS maps 1997). Based on the distribution of soils and

vegetative cover, a minimum of 150 ha (375 ac) of approved and proposed

project areas is occupied by the San Bernardino kangaroo rat (Service

unpub. GIS maps 1997). The area affected by sand mining represents

approximately 22 percent of the population along the Santa Ana River

(Service unpub. GIS maps 1997, McKernan 1997).

One proposed sand and gravel mining expansion is expected to

receive certification under the California Environmental Quality Act

(CEQA) in the next 2-4 months. A grading permit would be issued shortly

thereafter. This project would further fragment habitat. In addition,

this operator has repeatedly and publicly threatened to destroy habitat

if the Service proposes to list the kangaroo rat.

Additional impacts will occur due to a large pipeline project (P&D

Technologies 1992). Approximately 60 ha (150 ac) of alluvial scrub in

the Santa Ana River will be impacted by this project. Based on the

distribution of soils and vegetative cover, a minimum of 24 ha (60 ac)

of this project area is occupied by the San Bernardino kangaroo rat

(Service unpub. GIS maps 1997). This project has been reviewed and

certified under the CEQA and, therefore, poses an imminent threat. The

area directly threatened by this pipeline project represents 3 percent

of the Santa Ana River population. The indirect effects of this project

include further fragmentation of kangaroo rat habitat.

Other activities that threaten the San Bernardino kangaroo rat in

this region include the closure of Norton Air Force Base (San

Bernardino County) and the proposed development of this site into the

San Bernardino International Airport (U.S. Department of the Air Force

1993). Habitat for the San Bernardino kangaroo rat on Norton Air Force

Base will be reduced by

[[Page 3838]]

approximately 2 to 5 percent (Conservation Management Plan 1997).

Lytle and Cajon Creeks

The second largest remaining population of the San Bernardino

kangaroo rat occurs along Lytle and Cajon creeks, from near Interstate

15 downstream on both drainages for approximately 8 km (5 mi) (McKernan

1997). This area contains approximately 2,688 ha (6,722 ac) of alluvial

scrub habitat, of which approximately 456 ha (1,140 ac) are occupied.

Of the alluvial scrub habitat, approximately 47 percent is directly

threatened by the combined activities associated with sand mining

operations, State Route 30, San Bernardino County Flood Control

District, and urban development (e.g., The Villages at Lytle Creek)

(Service unpub. GIS maps 1997). Based on an evaluation of soils and

vegetative cover, a minimum of 34 percent of the occupied habitat in

this area is threatened due to the combined effects of these activities

(Service unpub. GIS maps 1997).

The joint draft environmental impact report for The Villages at

Lytle Creek and a sand mining operation (T&B Planning Consultants 1996)

describe some of the threats facing the San Bernardino kangaroo rat in

this area. The proposed urban community, The Villages at Lytle Creek,

will remove approximately 728 ha (1,821 ac) of alluvial scrub habitat

(Michael Brandman Associates 1994, T&B Planning Consultants 1996).

Based on the distribution of soils and vegetative cover, at least 132

ha (330 ac) of this project area is occupied by the San Bernardino

kangaroo rat (Service unpub. GIS maps 1997). In addition to the upland

development, the document discloses the proposed channelization of a

portion of Lytle Creek. The area affected by The Villages at Lytle

Creek represents approximately 29 percent of the remaining occupied

habitat of the Lytle/Cajon population.

Proposed improvements to State Route 30 also threaten the San

Bernardino kangaroo rat in the Lytle and Cajon Creek area.

Approximately 2.8 ha (7 ac) of habitat will be directly removed due to

this project (San Bernardino Association of Governments 1996). Based on

the distribution of soils and vegetative cover, all of the project area

in this area (i.e., 2.8 ha (7 ac)) is occupied by the San Bernardino

kangaroo rat (Service unpub. GIS maps 1997). The area affected by State

Route 30 represents approximately 0.1 percent of the occupied habitat

in this area.

San Bernardino County Flood Control District (District) constructed

a levee and parking lot for Glen Helen Regional Park. The construction

of the levee continues to impact approximately 22 ha (55 ac) of habitat

by precluding scouring events and the reestablishment of alluvial scrub

vegetation. Given the attributes of the area, the entire site was

likely occupied by the San Bernardino kangaroo rat prior to

construction of the levee. The levee also threatens habitat occupied by

the San Bernardino kangaroo rat on the opposite side of the Cajon Creek

due to the alteration in the hydrological system. The levee likely will

divert flood flows into the opposite bank and cause erosion of the

Calmat conservation bank, which was established to help conserve listed

and sensitive species in the area. The total amount of occupied habitat

anticipated to be lost is, at a minimum, approximately 44 ha (110 ac)

(Service unpub. GIS maps 1997). The area affected by flood control

activities equates to approximately 10 percent of the occupied habitat

in this area.

San Jacinto River

The third largest remaining population of San Bernardino kangaroo

rat occurs in Riverside County. Here, the vast majority of alluvial

floodplain has been impacted by flood control activities, agricultural

and urban development, and sand and gravel mining in this area.

Approximately 295 ha (737 ac) of alluvial scrub remains in this area

and approximately 140 ha (350 ac) is occupied along the San Jacinto

River.

Flood control activities that impact this species include grading

of occupied habitat. Evidence of extensive grading exists throughout

the remaining alluvial scrub vegetation within the flood control berms

along the San Jacinto River in the vicinity of the City of San Jacinto

(Arthur Davenport, Service, pers. obs. 1995). Flood control structures

that impact this species include concrete channels and flood confining

berms. The construction of a concrete channel appears to have isolated

a small population of San Bernardino kangaroo rat located along

Bautista Creek from the rest of the population along the San Jacinto

River. The construction of berms too far into the flood plain is

detrimental to the San Bernardino kangaroo rat in that the construction

of the berms causes a loss of habitat by increasing the severity of

scouring and land erosion.

Continuing, intermittent, agricultural activities, such as dry-land

farming along the edges of the San Jacinto River in the vicinity of

Hemet and the City of San Jacinto, also impact the San Bernardino

kangaroo rat. Patches of suitable and occupied habitat occurring

outside the flood control berms are occasionally disced due to

agricultural activities (Arthur Davenport, pers. obs. 1995). Discing

adversely affects the subspecies by destroying its burrows and habitat.

Urban and commercial development into the flood plain of the San

Jacinto River continues to threaten the San Bernardino kangaroo rat.

Although flood control berms have been in place for years, suitable and

occupied habitat occurs outside the berms. Though degraded due to

agricultural activities, occupied habitat outside the berms is critical

to the maintenance of the species along the San Jacinto River because

it provides a source population for recolonization of habitat within

the berms following flood events.

The San Bernardino kangaroo rat is also impacted by the maintenance

and expansion of spreading basins within its habitat. Maintenance of

spreading basins results in the destruction of habitat and San

Bernardino kangaroo rats that occur along the margins (Arthur

Davenport, pers. obs. 1995). Similarly, the expansion of spreading

basins results in a direct loss of suitable and occupied habitat.

Eastern Municipal Water District has proposed ``reconstructing''

previously authorized groundwater recharge facilities in the San

Jacinto River (U.S. Army Corps of Engineers 1997), including a new

location for the recharge area. This project encompasses approximately

2.6 ha (6.5 ac) of alluvial scrub, and impacts approximately 2 percent

of occupied habitat in the area (140 ha (350 ac)).

Both sand and gravel mining threaten the San Bernardino kangaroo

rat in the San Jacinto River area. The operations of sand mining

continue to impact occupied habitat. One mine site consists of 100 ha

(250 ac) and occurs entirely in the flood plain of the San Jacinto

River (Army Corps of Engineers 1996, Pre-discharge Notification 96-

00397-RRS). Based on the distribution of soils and vegetative cover, a

minimum of 40 ha (100 ac) of the project site is occupied by the San

Bernardino kangaroo rat. Sand mining affects approximately 28 percent

of the occupied habitat in the San Jacinto River area.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes.

This factor is not known to be applicable.

C. Disease or Predation.

Disease is not known to be affecting the San Bernardino kangaroo

rat at this

[[Page 3839]]

time. However, fragmentation of habitat is likely to promote higher

levels of predation by urban-associated animals (e.g., domestic cats)

as the interface between natural habitat and urban areas is increased

(Churcher and Lawton 1987). Domestic cats are known to be predators of

native rodents (Hubbs 1951, George 1974), and predation by cats has

been documented for the San Bernardino kangaroo rat (McKernan, pers.

comm., 1994).

D. The Inadequacy of Existing Regulatory Mechanisms

The decline of the San Bernardino kangaroo rat is partially due to

the inherent weakness of the existing laws and regulations that could

serve to protect the animal and its habitat. Existing regulatory

mechanisms that may provide some protection for the San Bernardino

kangaroo rat include: (1) The CEQA and National Environmental Policy

Act (NEPA); (2) the California Natural Community Conservation Planning

Program; (3) the Surface Mining and Reclamation Act (SMCRA); (4) the

Act in those cases where the San Bernardino kangaroo rat occurs in

habitat occupied by other listed species; (5) the California Endangered

Species Act (CESA); (6) conservation provisions under the Federal Clean

Water Act; (7) land acquisition and management by Federal, State, or

local agencies or by private groups and organizations; and (8) local

laws and regulations. Many of these have limited protection authority

since the San Bernardino kangaroo rat is not federally listed.

The majority of the known populations of the San Bernardino

kangaroo rat occur on privately owned land. Local lead agencies

responsible under CEQA and NEPA have made determinations that have, or

would, adversely affect this taxon and its habitat. Examples of

projects that have been completed or are currently undergoing the

review process under CEQA and/or NEPA and will impact this species

include Seven Oaks Dam, State Route 30 Improvement Project,

Metropolitan Water District Inland Feeder Pipeline, Calmat Company,

Sunwest Materials, Robertson's Ready Mix, San Jacinto Aggregates, and

The Villages at Lytle Creek. Past, present, and proposed mitigation for

impacts to this species and its habitat have been inadequate to stop or

reverse its decline. CEQA decisions are also subject to over-riding

social and economic considerations.

In 1991, the State of California established a Natural Community

Conservation Planning Program (NCCP) to address conservation needs

throughout the State. The initial focus of the program is the coastal

sage scrub community. Within this program, the California Department of

Fish and Game (CDFG) included the long-term conservation of alluvial

scrub, which is in part occupied by the San Bernardino kangaroo rat.

However, participation in NCCP is voluntary. San Bernardino and

Riverside counties have signed planning agreements (Memoranda of

Understanding (MOUs)) to develop multispecies plans that meet NCCP

criteria, but have not enrolled in the NCCP program during the interim.

The MOUs do not provide protection to candidate species during the

planning process.

Reclamation of mined areas in the State of California is required

under the Surface Mining and Reclamation Act (SMCRA). The County of San

Bernardino also requires that mining companies submit a reclamation

plan for County approval. The primary purpose of these ordinances is to

provide for erosion control measures and to restore slopes to a

moderate slope. However, reclamation is not likely to resolve the

problem of maintaining or mitigating for the loss of species or

ecosystem functions in a biologically meaningful way because of change

in topography and altered hydrology. The feasibility of artificially

creating a viable alluvial scrub plant community suitable for the San

Bernardino kangaroo rat has not yet been demonstrated.

The BLM designated an Area of Critical Environmental Concern (ACEC)

in the Santa Ana River in 1994. The ACEC is composed of three parcels

of land that total 304 hectares (760 acres). The purpose of the ACEC is

to protect and enhance the habitat of federally listed plant species

occurring in the area, such as Santa Ana River wooly-star (Eriastrum

densifolium ssp. sanctorum), and sensitive species such as the San

Bernardino kangaroo rat, while providing for the administration of

existing valid rights (BLM 1996). Although the establishment of the

ACEC is important in regard to conservation of sensitive habitats and

species in this area, the administration of valid existing rights

conflicts with BLM's conservation abilities in this area. Existing

rights include a withdrawal of Federal lands in this area for water

conservation through an act of Congress, February 20, 1909 (Public, No.

248). The entire ACEC is included in this withdrawn land and may be

available for water conservation measures such as the construction of

percolation basins, subject to compliance with the Act.

The San Bernardino kangaroo rat is not protected under the CESA.

The Federal and State Acts together can afford some measure of

protection to the San Bernardino kangaroo rat in those areas where the

species coexists with other species already listed as threatened or

endangered. Eriastrum densifolium ssp. sanctorum (Santa Ana River

woolly star) and Dodecahema leptoceras (slender-horned spineflower) are

listed as endangered under the Act and the CESA, and the coastal

California gnatcatcher (Polioptila californica californica) is listed

as threatened under the Act. All three species can occur in habitats

similar to those preferred by the San Bernardino kangaroo rat. However,

the distribution of D. leptoceras and E. densifolium ssp. sanctorum is

spotty and discontinuous, and only overlaps with a small portion of the

habitat occupied by the San Bernardino kangaroo rat. The coastal

California gnatcatcher, although known to occur within alluvial scrub

habitat, has largely been extirpated from San Bernardino County within

the range of the San Bernardino kangaroo rat and, therefore, occurrence

with the listed species provides little ancillary protection. In

Riverside County, coastal California gnatcatchers are not currently

known to occur at any sites occupied by the San Bernardino kangaroo

rat.

The San Bernardino kangaroo rat could potentially be affected by

projects requiring a permit from the Army Corps of Engineers (Corps)

under section 404 of the Clean Water Act. Although the objective of the

Clean Water Act is to ``restore and maintain the chemical, physical,

and biological integrity of the Nation's waters'' (Pub. L. 92-500), no

specific provisions exist that adequately address the need to conserve

candidate species. A majority of the remaining populations occur

outside areas delineated as waters of the United States and, therefore,

are not regulated. Moreover, numerous activities for which the Corps

potentially has jurisdiction, including sand and gravel mining and

flood control projects, have proceeded without their overview (see

Factor A).

As a result of Fish and Wildlife Coordination Act activities, the

Corps, in 1988, initiated a section 7 consultation on Eriastrum

densifolium ssp. sanctorum for the proposed Seven Oaks Dam project on

the Santa Ana River. About 310 ha (775 ac) of alluvial scrub habitat

has been designated for preservation as mitigation for impacts to

Eriastrum densifolium ssp. sanctorum resulting from the construction of

the dam. Approximately 80 ha (200 ac) of this appears to be currently

suitable for

[[Page 3840]]

the San Bernardino kangaroo rat (Service unpub. GIS maps 1997).

However, the preserved area represents less than 7 percent of the

alluvial scrub found in the entire Santa Ana River basin and

approximately 12 percent of the basin habitat occupied by the San

Bernardino kangaroo rat. Thus, the mitigation preserve, while providing

some benefit, is likely not adequate to conserve the subspecies.

Local and county zoning designations are subject to change and do

not specifically address the conservation and management needs of the

San Bernardino kangaroo rat. However, numerous jurisdictions in western

Riverside and San Bernardino counties are beginning a multi-species

habitat conservation planning process, including coastal sage scrub-

associated species and benefit to the kangaroo rat may result.

Commitments for funding and implementation of the strategy and

appropriate changes in land-use regulations to protect potential

preserves during the planning process have not been made.

The Riverside County Habitat Conservation Agency is implementing an

approved habitat conservation plan for the federally endangered

Stephens' kangaroo rat that involves the establishment of permanent

preserves in western Riverside County (Riverside County Habitat

Conservation Agency 1996). Because the San Bernardino kangaroo rat

occupies a largely different habitat type than that of the Stephens'

kangaroo rat, the conservation plan for the Stephens' kangaroo rat will

not benefit the San Bernardino kangaroo rat. Despite extensive surveys,

no current records of San Bernardino kangaroo rats occur within any of

the reserves established for Stephens' kangaroo rat (A. Davenport,

pers. comm. 1997).

E. Other Natural or Manmade Factors Affecting Its Continued Existence.

Habitat for the San Bernardino kangaroo rat has been severely

reduced and fragmented by development and related activities in the San

Bernardino and San Jacinto Valleys. Habitat fragmentation results in

loss of habitat, reduced habitat patch size, and an increasing distance

between patches of habitat. As discussed by Andren (1994) regarding

highly fragmented landscapes, reduced habitat patch size and isolation

will exacerbate the effect of habitat loss on a species' persistence.

That is, the loss of species, or decline in population size, will be

greater than expected from habitat loss alone. The loss of native

vertebrates, including rodents, due to habitat fragmentation is well

documented (Soule et al. 1992, Andren 1994, Bolger et al. 1997).

Isolated populations are subject to extirpation by manmade or

natural events, such as floods and drought. Furthermore, small

populations may experience a loss of genetic variability and experience

inbreeding depression (Lacy 1997). Contributing to the fragmentation of

San Bernardino kangaroo rat habitat are railroad tracks, roads, and

flood control channels. These structures appear to function as movement

barriers to the San Bernardino kangaroo rat, preventing movement

between areas of suitable habitat.

All remaining population segments are at risk due to their small

size and isolation. This is especially true for the four smallest

populations (i.e., City Creek, Reche Canyon, Etiwanda, and South

Bloomington). Urbanization exists throughout most of the San Bernardino

kangaroo rat's range and the remaining larger blocks of occupied

habitat (i.e., Santa Ana River, Lytle/Cajon, and San Jacinto River) now

function independently of each other. This isolation of occupied

patches places the entire population of San Bernardino kangaroo rat at

risk because recolonization of suitable habitat following local

extirpation has been precluded. The extirpation of populations from

local catastrophes, such as flooding, is becoming more probable as

urban development further constricts the remaining populations to the

active portion of the flood plain. The largest remaining populations

are now restricted entirely to flood plain habitats and vulnerable to

extirpation by naturally occurring events.

Flood control structures alter both the magnitude and distribution

of flooding. In the absence of flood scouring, sediments and organic

matter accumulate over time, contributing to senescence of the alluvial

scrub community and its conversion to coastal sage scrub or chaparral

(Smith 1980, Wheeler 1991, Jigour and McKernan 1992). The dense canopy

of these communities does not provide the open environment required by

San Bernardino kangaroo rat, thereby reducing the habitat suitability

for the species (Beatley 1976, McKernan 1997). Within the active

channels, the confined flood events scour too frequently to maintain

suitable San Bernardino kangaroo rat habitat.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this subspecies in developing this rule. Based

on this evaluation, the Service finds that the emergency action is to

list the San Bernardino kangaroo rat as endangered. This taxon is

endangered by one or more of the following factors: Habitat

destruction, degradation, and fragmentation resulting from sand and

gravel mining, flood control projects, urban development, vandalism,

and inadequate regulatory mechanisms. Because of these factors, the San

Bernardino kangaroo rat is in imminent danger of extinction throughout

all or a significant portion of its range. Threatened status does not

appear appropriate considering the extent of decline of the populations

of this taxon and the vulnerability of those populations remaining.

Reasons for Emergency Determination

Under section 4(b)(7) of the Act and 50 CFR 424.20, the Secretary

may determine a species to be endangered or threatened by an emergency

rule that shall cease 240 days following publication in the Federal

Register. The reasons why this rule is necessary are discussed below.

If at any time after this rule has been published the Secretary

determines that substantial evidence does not exist to warrant such a

rule, it shall be withdrawn.

As discussed under Factor A, of the seven remaining populations,

only three are of relatively large (viable) size. Much of the remaining

habitat for the San Bernardino kangaroo rat is potentially threatened

by vandalism as well as construction of approved projects. Threats of

vandalism to San Bernardino kangaroo rat habitat have been made.

Intentional herbicide application and grading were mentioned as

possible ways to eliminate suitable habitat. Along the Santa Ana River,

at least 80 percent of the remaining occupied habitat is indirectly at

risk because of the projected changes in hydrology due to Seven Oaks

Dam. Approximately 25 percent of the population along the Santa Ana

River is further threatened by levee construction and maintenance and

sediment removal activities of the San Bernardino County Flood Control

District. About 20 percent of the habitat is managed, in part, for

operation of water spreading basins. Finally, two proposed sand mining

operations collectively threaten approximately 22 percent of the

population along the Santa Ana River. These proposed sand and gravel

mining expansions are expected to receive certification under the CEQA

in 2-4 months. A grading permit would be issued shortly thereafter. The

projects and sand and gravel mining operations also have the effect of

fragmenting the habitat, further reducing the security of this species.

[[Page 3841]]

Along Lytle Creek and Cajon Wash, a minimum of 34 percent of the

occupied habitat in this area is threatened due to the combined effects

of sand and gravel mining, flood control activities, and the proposed

development of The Villages at Lytle Creek. At least 28 percent of the

occupied habitat in the San Jacinto River area is threatened by urban

development, flood control activities, agricultural activities or sand

and gravel mining.

Attempts to work with stakeholders have met with little success.

When advised of the sensitivity of alluvial scrub habitats in the San

Bernardino region in 1992, one local official threatened to destroy

existing habitat areas by aerial herbicide application (Edna Rey,

Service, pers. comm., 1997). Finally, the Service has been informed

that an area of approximately 1,440 ha (3,560 ac) (approximately 26

percent) of the total remaining alluvial scrub habitat may be at risk

of vandalism. Statements have been made advising the Service repeatedly

that an attempt to list the San Bernardino kangaroo rat would elicit

preemptive grading to protect corporate assets (Pete Sorensen, Service,

pers. comm. 1996).

An emergency posing a significant risk to the well-being and

continued survival of the San Bernardino kangaroo rat exists as the

result of the immediate threat of destruction of a significant portion

of the subspecies' remaining habitat by sand and gravel mining

activities. For these reasons, the Service finds that the San

Bernardino kangaroo rat is in imminent danger of extinction throughout

all or a significant portion of its range and warrants immediate

protection under the Act.

Critical Habitat

Critical habitat is defined in section 3(5)(A) of the Act as: (i)

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

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

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

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

consideration 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

a species is designated to be endangered or threatened. The Service

finds that designation of critical habitat is not prudent for the San

Bernardino kangaroo rat. The Service's 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.

Critical habitat designation for the San Bernardino kangaroo rat is

not prudent because an increase in the degree of threat to the species

is expected. This subspecies is found in fragmented habitat composed of

various sage scrub shrub vegetation in the presence of sandy soils. The

designation of critical habitat, including the required publication of

maps providing precise locations, would bring unnecessary attention to

those areas of the range that are occupied by this kangaroo rat and

encourage acts of vandalism or intentional destruction of habitat. This

attention would likely lead to an increase in activities (such as

discing or blading) by landowners who do not want listed species on

their property (see Factor A, above). Therefore, given the limited/

habitat specific distribution of the San Bernardino kangaroo rat, and

the possibility that a significant portion of the species' remaining

habitat could be rapidly vandalized and destroyed, the Service

concludes that it is not prudent to designate critical habitat for that

reason alone.

The designation of critical habitat is also not prudent due to an

expected lack of benefit to the species. Although a majority of San

Bernardino kangaroo rat habitat occurs on privately owned lands, many

activities that pose threats to the continued existence of this

subspecies are funded, permitted, or carried out by Federal agencies

(e.g., section 404 of the Clean Water Act, flood control, impoundment,

and other stream and wetland modification projects). Section 7 of the

Act requires that Federal agencies refrain from contributing to the

destruction or adverse modification of critical habitat in any action

authorized, funded or carried out by such agency. This requirement is

in addition to the section 7 prohibition against jeopardizing the

continued existence of a listed species, and it is the only mandatory

legal consequence of a critical habitat designation. Any action that

would adversely modify San Bernardino kangaroo rat critical habitat

would likely jeopardize the continued existence of the subspecies

because the biological threshold for either determination would be the

same. Thus, if the San Bernardino kangaroo rat is listed, activities

occurring on all lands under Federal jurisdiction or ownership that may

adversely affect the San Bernardino kangaroo rat would prompt the

requirement for consultation pursuant to section 7(a)(2) of the Act and

the implementing regulations pertaining thereto, regardless of whether

critical habitat has been designated. Furthermore, the designation of

critical habitat would have no regulatory effect on activities that are

not subject to a Federal nexus.

The Service acknowledges that critical habitat designation, in some

situations, may provide some value to the species by identifying areas

important for species conservation and calling attention to those areas

in special need of protection. Critical habitat designation of

unoccupied habitat may also benefit this subspecies by alerting Federal

action agencies to potential sites for reintroduction and allow them to

evaluate proposals that may affect these areas. However, in this the

case, any benefit provided by designation of critical habitat for the

San Bernardino kangaroo rat would be accomplished more effectively

through the recovery process and the jeopardy prohibition of section 7.

Designating critical habitat for this kangaroo rat would not address

vegetation seral stage management or control urban development, all of

which need to be addressed in the recovery of this subspecies.

Accordingly, the Service concludes that designation of critical

habitat would not be beneficial to the species and could increase the

degree of threat from taking. Therefore, designation of critical

habitat for the San Bernardino kangaroo rat is not prudent at this

time.

The Service will continue in its efforts to obtain more information

on the San Bernardino kangaroo rat biology and ecology, including

essential habitat characteristics particularly in regard to stream flow

regimes, 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

[[Page 3842]]

limited to, development of conservation agreements with the State,

other Federal agencies, local governments, private landowners and

organizations.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Endangered Species Act include recognition,

recovery actions, requirements for Federal protection, and prohibitions

against certain activities. Recognition through listing encourages and

results in conservation actions by Federal, State, and private

agencies, groups, and individuals. The Act provides for possible land

acquisition and cooperation with the States and requires that recovery

actions be carried out for all listed species. The protection required

of Federal agencies and the prohibitions against certain activities

involving listed plants and animals are discussed, in part, below.

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

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

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

Part 402. Section 7(a)(4) of the Act requires Federal agencies to

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

jeopardize the continued existence of a proposed species or result in

destruction or adverse modification of proposed critical habitat. If a

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

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

are not likely to jeopardize the continued existence of such a species

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

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

responsible Federal agency must enter into formal consultation with the

Service.

Federal agencies expected to have involvement with the San

Bernardino kangaroo rat or its habitat include the Corps and the

Environmental Protection Agency due to their permit authority under

section 404 of the Clean Water Act. The Federal Aviation Administration

has jurisdiction over areas with potentially suitable San Bernardino

kangaroo rat habitat in the vicinity of Redlands Municipal Airport and

Norton Air Force Base in San Bernardino County. The Federal Highway

Administration will likely be involved through potential funding of

highway construction projects near Devore, Rancho Cucamonga, Rialto,

and San Bernardino (San Bernardino County). Because the San Bernardino

kangaroo rat occurs on Norton Air Force Base (San Bernardino County),

the base will likely be involved through the transfer of Federal lands

to a non-Federal entity and the conversion of this area to a civilian

airport. The BLM has jurisdiction over a portion of the habitat

occupied by the San Bernardino kangaroo rat along the Santa Ana River.

The Forest Service will likely be involved because populations of the

San Bernardino kangaroo rat occur within or near the boundaries of the

Cleveland National Forest and San Bernardino National Forest. The

Bureau of Reclamation may be involved through the potential funding of

water reclamation and flood control projects. The Bureau of Indian

Affairs may be involved with this taxon at Soboba Indian Reservation

(Riverside County). The Federal Housing Administration could

potentially be involved through loans for housing projects in the

region. The Federal Energy Regulatory Commission could be involved in

projects affecting existing or proposed transmission lines in the Santa

Ana River or Etiwanda Creek areas.

The Act and implementing regulations found at 50 CFR 17.21 set

forth a series of general trade prohibitions and exceptions that apply

to all endangered wildlife. These prohibitions, in part, make it

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

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

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

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

offer for sale in interstate or 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 endangered and threatened wildlife under certain

circumstances. Regulations governing permits are at 50 CFR 17.22, 17.23

and 17.32. Such permits are available for scientific purposes, to

enhance the propagation or survival of the species, or for incidental

take in connection with otherwise lawful activities.

It is the policy of the Service (59 FR 34272) to identify to the

maximum extent practical 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 listing on proposed and ongoing activities within a

species' range, and to assist the public in identifying measures needed

to protect the species. The Service believes that, based on the best

available information, the following actions would not be likely to

result in a violation of section 9:

(1) Possession, delivery, or movement, including interstate

transport and import into or export from the United States, involving

no commercial activity, dead specimens of this taxa that were collected

prior to the date of publication in the Federal Register of the final

regulation adding this taxa to the list of endangered species;

(2) Road kills or injuries by vehicles on designated public roads.

Potential activities involving the San Bernardino kangaroo rat that

the Service believes likely would be considered a violation of section

9 include, but are not limited to, the following:

(1) Take of San Bernardino kangaroo rat without a permit, which

includes harassing, harming, pursuing, hunting, shooting, wounding,

killing, trapping, capturing, or collecting, or attempting any of these

actions, except in accordance with applicable State fish and wildlife

conservation laws and regulations;

(2) Possess, sell, deliver, carry, transport, or ship illegally

taken San Bernardino kangaroo rats;

(3) Interstate and foreign commerce (commerce across State and

international boundaries) and import/export (as discussed earlier in

this section) without appropriate permits;

(4) Destruction or alteration of San Bernardino kangaroo rat

habitat by discing, grading, sand or gravel mining, flooding, vehicle

operation, or other activities that result in the destruction or

significant degradation of vegetative composition, substrate

composition, or other activity that impacts breeding, feeding, or

availability of cover;

(5) Alteration of hydrology that results in adverse modification of

San Bernardino kangaroo rat habitat (e.g., establishment of

inappropriate stages of vegetation).

Questions regarding whether specific activities will constitute a

violation of section 9 or to obtain approved guidelines for actions

within the kangaroo rat habitat should be directed to the Service's

Carlsbad Field Office (see ADDRESSES section). Requests for copies of

the regulations concerning listed animals and inquiries regarding

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

Service, Endangered Species Permits, 911 NE. 11th Avenue, Portland,

Oregon

[[Page 3843]]

97232-4181 (telephone 503/231-6241; facsimile 503/231-6243).

National Environmental Policy Act

The 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).

Required Determinations

This rule does not contain collections of information that require

approval by the Office of Management and Budget under 44 U.S.C. 3501 et

seq.

References Cited

A complete list of references cited in this rule is available upon

request from the Carlsbad Field Office of the U.S. Fish and Wildlife

Service (see ADDRESSES section).

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.

Regulation Promulgation

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

title 50 of the Code of Federal Regulations, as follows:

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) * * *

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

Species Vertebrate

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

Historic range endangered or Status When listed habitat rules

Common name Scientific name threatened

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

Mammals

* * * * * * *

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

parvus.

* * * * * * *

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

Dated: January 20, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98-2011 Filed 1-26-98; 8:45 am]

BILLING CODE 4310-55-P