Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the St. Andrew Beach Mouse

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE41

Endangered and Threatened Wildlife and Plants; Determination of

Endangered Status for the St. Andrew Beach Mouse

AGENCY: Fish and Wildlife Service, Interior.

[[Page 70054]]

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) determines the St.

Andrew beach mouse (Peromyscus polionotus peninsularis) to be an

endangered species pursuant to the Endangered Species Act of 1973, as

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

had a historic distribution that included the northeast Florida

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

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

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

capability to recover from such impacts within local populations are

primarily responsible for the range curtailment. Threats to beach mouse

habitat include severe storms, coastal land development and its

associated activities, and non-storm related, natural shoreline

erosion. Additional threats include predation by free-ranging domestic

cats and displacement by house mice. This action implements the

protection of the Act for this species.

DATES: This rule is effective January 19, 1999.

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, 6620 Southpoint Drive South, Suite 310, Jacksonville,

Florida 32216.

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

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

SUPPLEMENTARY INFORMATION:

Background

The oldfield mouse (Peromyscus polionotus) occurs in northeastern

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

are coastal subspecies of the oldfield mouse restricted to beach and

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

whose common distinguishing characteristics include white feet, large

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

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

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

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

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

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

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

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

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

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

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

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

Beach mice subspecies historically occurred on both the Atlantic

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

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

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

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

the five Gulf Coast subspecies. Howell (1939) collected the type

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

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

for the subspecies include nine additional specimens from the type

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

may not be part of the subspecies' historic range.

Coastal tidal marsh and upland habitat between the mainland city of

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

range of the St. Andrew beach mouse into two segments. Preliminary

genetic analysis of St. Andrew beach mice from the Port St. Joe area,

the St. Joseph Peninsula, and Crooked Island indicated that these

samples shared a similarity for at least one gene locus (site), and

that this locus differed distinctly in a sample of the Choctawhatchee

beach mouse (Moyers 1997).

Typical beach mouse habitat generally consists of several rows of

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

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

animal species, vegetation, and habitat types characterize the coastal

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

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

sand dune habitat include frontal dunes, primary dunes, secondary

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

primary dunes are those closest to the shoreline, most recently formed,

and highly dynamic. The foreslope of primary dunes grades into the

developing frontal dunes on the open beach. Frontal dunes on the Gulf

Coast are sparsely vegetated, usually by sea oats (Uniola paniculata),

bluestem (Schizachyrium maritimum), beach grass (Panicum amarum), and

sea rocket (Cakile constricta). Primary dunes also support stands of

these species and include other broad-leaved plants such as seaside

pennywort (Hydrocotyle bonariensis), seashore elder (Iva imbricata),

and beach morning glory (Ipomea stolonifera) (Clewell 1985). Secondary

dunes consist of one or more dune lines landward of the primary dune

with a similar, though denser, vegetative cover. Interdunal swales are

wet or dry depressions between primary and secondary dunes, while

intradunal swales occur within primary dunes as a result of wave

action, storm surges, and wind erosion. Wet swales are those whose

water table is at or near the surface. Swale vegetation includes plants

found on primary and secondary dunes as well as salt meadow cordgrass

(Spartina patens), rushes (Juncus sp.), sedges (Cyperus sp.), and

saltgrass (Distichlis spicata). Scrub dunes are the oldest of the dune

habitat types and are dominated by woody plants including saw palmetto

(Serenoa repens), myrtle oak (Quercus myrtifolia), sand live oak (Q.

geminata), sand pine (Pinus clausa), slash pine (P. elliottii), seaside

rosemary (Ceratiola ericoides), greenbrier (Smilax sp.), and bush

goldenrod (Chrysoma pauciflosculosa). Reindeer moss (Cladonia leporina)

often covers otherwise bare dune surfaces. Some primary and secondary

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

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

vegetation may vary.

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

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

well as on primary

[[Page 70055]]

and secondary dunes (James 1987; Gore in litt. 1990, 1994; Bates 1992,

Moyers et al. 1996, Mitchell et al. 1997). These results support other

surveys which found that the greatest concentration of most other beach

mice subspecies occurred in these habitat types (Blair 1951, Hill 1989,

Frank and Humphrey 1992, Holler 1992). This concentration is due in

part to a predominance of plants whose seeds and fruits are important

seasonal constituents of beach mouse diets (Moyers 1996).

Although beach mice occur on interdunal and intradunal swales,

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

use this habitat type less frequently when compared to frontal,

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

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

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

Park (T.H. Stone Memorial State Park), located within the northern 15

km (9 mi) of the peninsula.

Various researchers have also documented the occurrence of other

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

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

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

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

the Santa Rosa beach mouse (Peromyscus polionotus leucocephalus). Scrub

dunes may also function as refugia during and after storms and as a

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

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

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

dunes within St. Joseph Peninsula State Park (SJPSP), although she did

collect mice in 1986 from well-vegetated back dunes on Crooked Island

(James 1992). Moyers et al. (1996) captured beach mice within SJPSP in

secondary dunes immediately adjacent to scrub dunes.

Based on a study of other Gulf coast subspecies that included

habitat conditions following Hurricane Frederick, Meyers (1983)

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

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

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

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

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

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

pre-storm habitat conditions or population numbers within the study

area.

Beach mouse populations can at times undergo great seasonal

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

human disturbance, hurricanes and tropical storms likely were the

dominant factors producing rapid and possible widespread impacts on

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

evolved under adverse weather conditions, the subspecies developed the

capability to survive and recover from these periodic severe impacts to

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

development, dune encroachment by pedestrians and vehicles, and

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

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

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

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

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

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

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

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

of beach mice within undeveloped coastal mainland habitat between

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

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

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

Both surveys revealed that mice still existed on Crooked Island East

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

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

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

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

that the range-wide population at its lowest contained several hundred

mice.

Extensive surveying of primary, secondary, and scrub dune habitat

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

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

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

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

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

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

again sampled habitat between SJPSP and Cape San Blas and trapped 9

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

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

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

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

In October 1995, Hurricane Opal caused extensive coastal damage to

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

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

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

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

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

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

throughout SJPSP in December 1995 and captured 62 individuals for a

rate of 3.44 mice per 100 trap nights. They estimated the population

size within the sampled area at 127, a figure which compared favorably

to Gore's post-hurricane estimate. Moyers (1996a) later collected an

additional 11 mice on William J. Rish State Park and on some private

parcels within the St. Joseph Peninsula immediately south of SJPSP. The

most recent trap survey within SJPSP (February 1997) collected 117 mice

for a capture rate of 9.00 mice per 100 trap nights (Mitchell et al.

1997). They estimated that SJPSP currently may support between 300 and

500 mice. The estimate represents a significant increase over the 1995

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

Opal survey within the park (Bates 1992).

In November 1997 and January 1998, a total of 38 St. Andrew beach

mice, including mated pairs and pregnant females, were translocated

from SJPSP to East Crooked Island, Tyndall Air Force Base. Post-release

trapping and radio telemetry surveys revealed successful dispersal and

reproduction by these introduced beach mice. Track observations

indicated movement up to 2.5 km (1.6 mi) from one of the release sites.

Offspring of these founders colonized habitat outside the

reintroduction area (Moyers et al. in litt. 1998).

Definitive estimates of minimum viable population size for beach

mice are not yet available. Several recent estimates for small mammals

based on mass/population density relationships indicate that continued

survival of a self-sustaining population would require several thousand

individuals (Belovsky 1987, Silva and Downing 1994). These estimates

still may be low for beach mice since they reflect small rodent

populations in more stable environments. As mentioned previously, the

estimates of the

[[Page 70056]]

remaining numbers of St. Andrew beach mice do not approach these

figures.

Previous Federal Action

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

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

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

were defined as those for which information in possession of the

Service indicated that proposing to list as endangered or threatened

was possibly appropriate, but for which conclusive data on biological

vulnerability and threat(s) were not currently available to support a

proposed rule. The Service published an updated, combined animal notice

of review (ANOR) on January 6, 1989, which retained the species'

category 2 classification (54 FR 554). In the November 21, 1991, ANOR

update, the St. Andrew beach mouse was designated a category 1

candidate for listing (56 FR 58804). A category 1 candidate was one for

which the Service had on file sufficient information to support

issuance of a proposed rule. The Service retained this classification

in the November 15, 1994, ANOR (59 FR 58982). Upon publication of the

February 18, 1996, notice of review (61 FR 7596), the Service ceased

using category designations and included the St. Andrew beach mouse as

a candidate species. Candidate species are those for which the Service

has on file sufficient information on biological vulnerability and

threats to support proposals to list the species as threatened or

endangered. Candidate status for this animal was continued in the

September 19, 1997, NOR (62 FR 49398). The proposed rule to list the

St. Andrew beach mouse was published on October 17, 1997 (62 FR 54028).

The processing of this final rule conforms to the Service's final

listing priority guidance published in the Federal Register on May 8,

1998 (63 FR 25502). The guidance clarifies the order in which the

Service will process rulemakings. The highest priority is given to

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

2) to processing final decisions on proposed listings, resolving the

conservation status of candidate species, processing administrative

findings on petitions, and delisting or reclassifying actions, and

lowest priority (tier 3) to actions involving critical habitat

determinations. The processing of this final rule falls under tier 2.

At this time, the Southeast Region has no pending tier 1 actions.

Summary of Comments and Recommendations

In the October 17, 1997, proposed rule (62 FR 54028) and through

associated notifications, the Service requested all interested parties

to submit factual reports or information that might contribute to the

development of a final rule for the St. Andrew beach mouse. Appropriate

Federal and State agencies, county governments, scientific

organizations, and interested parties were contacted by letter or

facsimile and requested to provide comment. A summary of the proposed

regulation and other information was published in the Panama City

Herald on October 21, 1997, Port St. Joe Star on October 23, 1997, and

Florida Journal edition of the Wall Street Journal on November 26,

1997. At the request of the Gulf County Board of Commissioners, the

Service presented information and answered questions on the proposed

listing at the Board's monthly public meeting held on November 25,

1997, in Port St. Joe, Florida. Pertinent comments from meeting

attendees following conclusion of the meeting are included in the

administrative record for the final rule and addressed in this section.

In compliance with the Service's July 1, 1994, policy on

information standards under the Act (59 FR 34270), the Service

solicited the expert opinions of four appropriate and independent

specialists regarding the proposal's supportive scientific and

commercial data, and additional information and issues related to the

range and distribution, ecology, populations, threats to the continued

existence of the St. Andrew beach mouse, and the appropriateness of

critical habitat designation. All four solicited experts supported the

proposed listing action and generally found the accompanying data

accurate and objective. Additional information and suggested changes

provided by the reviewers were considered in developing this final

rule, and incorporated where applicable. Two of the reviewers provided

comments on critical habitat. Both of these reviewers agreed with the

Service that designation of critical habitat would not provide

additional conservation benefit to the St. Andrew beach mouse on

Federal lands beyond that afforded by the Act's Section 7(a)(2)

jeopardy standard or existing habitat conservation measures implemented

by the Federal landowners. However, they also believed some designation

of critical habitat on non-Federal lands might benefit the species. The

Service has addressed their comments in Issue 1 and in the ``Critical

Habitat'' section.

During the 60-day comment period, the Service received a total of

eight written and oral responses. All pertinent comments contained have

been considered and incorporated, as appropriate, in the formulation of

this final rule. The listing was supported by the Florida Game and

Fresh Water Fish Commission and the Apalachee Regional Planning

Council. The Washington Legal Foundation, Pacific Legal Foundation, and

one private citizen opposed the listing. Responses from the Florida

Department of Transportation and a private citizen were non-committal.

Comments, concerns, and questions of similar content have been

grouped together and referred to as ``Issues'' for the purposes of this

summary. The following is a summary of the issues and the Service's

response to each.

Issue 1: Critical habitat designation might benefit the species by

improving the uniformity and relevance of the Service's biological

opinions, providing better justification for requiring beach mouse

surveys on non-federally involved private lands, and identifying

habitat outside Federal lands for future beach mouse translocations

(taking mice out of the wild from one location and moving them to

different location).

Response: The Service believes that uniform and effective

biological opinions can be prepared for this species without critical

habitat designation (see ``Critical Habitat'' section). The designation

of critical habitat does not affect private landowners unless Federal

permitting or financing is involved with their property. In addition,

critical habitat designation does not enable the Service or other

parties to require landowner surveys for listed species. The Service

can identify potential translocation sites by habitat features without

a regulatory designation. For example, as part of recovery efforts for

various listed species, such as the black-footed ferret, Hawaiian crow,

and American burying beetle, the Service has conducted translocations

and reintroductions without designating critical habitat.

Issue 2: Potential interbreeding of the St. Andrew beach mouse with

other subspecies of oldfield mice will make it impossible to know what

species is being protected.

Response: The species' historic range is separated by approximately

5 km (3.1 mi.) at the point closest to habitat occupied by another

subspecies, the federally endangered Choctawhatchee beach mouse. This

geographic separation prevents intercrosses (interbreeding) between

these subspecies.

[[Page 70057]]

Inland oldfield mice typically occur in young grassland habitats

with dry, sandy to loamy soils, fallow fields, and similar locations

associated with sandhill and inland scrub habitats (Bowen 1968, King

1968, Hall 1981). With the exception of some scrub, these habitats

currently are not associated with the coastal strand, the physiographic

area that includes beach mouse habitat. The absence of most coastal

strand habitat and inland oldfield mice in beach mouse surveys suggest

that intercrosses between the St. Andrew beach mouse and inland

subspecies is unlikely.

Issue 3: The Service lacks the authority to regulate the St. Andrew

beach mouse under the Endangered Species Act, pursuant to the Commerce

Clause of Article I, Section 8 of the United States Constitution. The

Service failed to show in the proposed rule that regulation of this

species addresses activities that bear a substantial relation to, or

substantially affect interstate commerce.

Response: On June 22, 1998, the Supreme Court, without comment,

rejected the argument that using the Act to protect species that live

only in one State goes beyond Congress' authority to regulate

interstate commerce. This decision upholds a decision made by the

United States Court of Appeals for the District of Columbia Circuit

(National Association of Homebuilders vs. Babbitt, 97-1451) that

regulation under the Act is within Congress' Commerce Clause power and

that loss of animal diversity has a substantial effect on interstate

commerce. Thus, although the St. Andrew beach mouse is found only

within the State of Florida, the Service's application of the Act to

list this species is constitutional.

Issue 4: The Service should not list the St. Andrew beach mouse

because the proposed rule did not present clear scientific evidence

that the subspecies is a distinct taxon, or that there are current

threats to the continued existence of the subspecies.

Response: While few studies have addressed the relationship between

genetics and the taxonomy of beach mice and other oldfield mice, the

best available genetic information on the St. Andrew beach mouse does

not refute Howell's (1939) original classification of the subspecies

based on morphology, pelage (fur) color pattern, and distribution.

The best available information also indicates that loss and

modification of habitat was, and continues to be, the major factor

threatening the continued existence of the St. Andrew beach mouse

throughout its entire range. Severe storms and natural shoreline

erosion impact mainly frontal and primary dunes, while coastal

development and related activities mostly affect secondary and scrub

dunes. Information documenting the historic loss of St. Andrew beach

mouse from Crooked Island suggests that multiple habitat threats over a

relatively large area resulted in the extirpation of this local

population. Such multiple impacts currently exist or threaten

approximately two-thirds of the St. Joseph Peninsula and all mainland

areas within the species' historic range.

Summary of Factors Affecting the Species

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

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

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

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

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

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

polionotus peninsularis) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Using historic topographic maps

and their habitat references, the Service calculated that 66 km (41 mi)

of the estimated 86 km (53.5 mi) of linear area within the historic

range of the St. Andrew beach mouse contained sand dune habitat. From

field surveys, Gore (in litt. 1994, 1995) estimated the amount of

recently occupied habitat to be between 20 and 23 km (14.3 to 12.5 mi),

all within the northern two-thirds of the St. Joseph Peninsula. This

represents up to a 68 percent curtailment of historic sand dune habitat

within the subspecies' former range. The 1997-1998 translocation of

mice to Crooked Island East is not included in this assessment because

the full extent of habitat occupied, and stability and survivability of

this population cannot be reliably determined for a number of years.

Natural events and manmade activities that have impacted the St.

Andrew beach mouse and its habitat include severe storms, land

development, military exercises on Crooked Island, dune encroachment by

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

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

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

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

historic range, and degree of habitat impact have been especially

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

Hurricane Eloise breached Crooked Island, dividing it into two segments

and severely eroding and fragmenting dunes, particularly within the

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

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

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

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

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

and fragmented frontal and primary sand dunes within the historic range

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

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

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

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

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

the Service believes that, coupled with additional land development,

consecutive years of severe weather or a single season of intense

storms over, or in close proximity to, currently occupied habitat may

result in extinction of the subspecies.

Land development has been primarily responsible for the permanent

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

earlier construction of State Road 98 and incorporated development from

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

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

currently occurs at the seaward side of some of these incorporated

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

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

undeveloped habitat. Meyers (1983) believed that intense development

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

habitat segments and making them more vulnerable to local extinction

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

found evidence of beach mice within these fragmented parcels located

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

status of beach mice within these parcels is unknown.

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

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

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

mouse presence in the area

[[Page 70058]]

between SJPSP and Cape San Blas in 1994 to the relatively low density

of housing compared to mainland areas, and the apparent low threat from

free-ranging domestic cats, which he believed was related to the

primary use of the residences as vacation homes. In addition, most

structures are set back from the frontal and primary dune lines. Since

1994, additional construction has occurred in this area, as well as

within unoccupied habitat on the remainder of the peninsula (J.

Danforth, pers. comm. 1997). The construction has proceeded despite the

unavailability of federally financed loans or flood insurance (see

Factor D.). The Service believes that continued construction may result

in intense development of secondary and scrub dunes, resulting in the

severe fragmentation or loss of these habitat types. These areas are

known to be important to other beach mice subspecies (see

``Background'' section). Intense impacts to these habitat types,

coupled with severe storms affecting frontal and primary dunes, may

contribute to the extinction of the St. Andrew beach mouse. Gulf County

has constructed snow fencing and planted dune vegetation to restore

frontal and primary dunes on the St. Joseph Peninsula and elsewhere

that were damaged as a result of Hurricane Opal (J. Danforth, pers.

comm. 1997).

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

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

vegetation and generally being of poor quality. He attributed this

situation to a combination of storm damage exacerbated by vehicular

traffic on the beach. Although Gulf County has updated its beach

driving ordinance in an attempt to eliminate dune impacts on the St.

Joseph Peninsula (Gulf County Commission 1997), some areas continue to

have problems with dune encroachment by all-terrain vehicles (D.

Wibberg, Office of the Gulf County Board of Commissioners, pers. comm.

1997). Prior to 1985, trial exercises with military hovercraft

contributed to habitat degradation on Crooked Island (James 1992). The

Department of Defense has since discontinued this practice (R. Bates,

Tyndall Air Force Base, pers. comm. 1995) and is restoring dune habitat

and has funded translocation of beach mice onto Crooked Island.

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

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

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

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

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

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

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

habitat on the northern peninsula from unoccupied habitat between Cape

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

in some habitat fragmentation.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. This factor is not now known to be applicable.

C. Disease or predation. The impact of parasites and pathogens on

beach mice populations and their potential contribution to the decline

of the St. Andrew beach mouse are unknown. Significant adverse impacts

from these factors might occur when combined with, or as a function of,

other threats. Studies and observations by various researchers strongly

suggest that predation, especially by free-ranging domestic cats, is an

important factor contributing to the loss of mice from local habitat

within or adjacent to developed areas (Blair 1951, Humphrey and Barbour

1981, Holliman 1983, Humphrey et al. 1987). Bowen (1968) provided an

anecdotal report on the complete absence of beach mouse sign on a 3.2

km (2 mi) stretch of beach having abundant cat tracks. Frank and

Humphrey (1992) noted a reduction of cat sign on dunes and an increase

in Anastasia Island beach mouse (P. p. phasma) numbers and mean

survivorship following removal of 15 to 20 cats from the camping area

at Anastasia State Recreation Area. Gore and Schaeffer (1993) found a

significant inverse relationship between the ratio of Santa Rosa beach

mice to cat tracks on sample transects within developed and undeveloped

dune areas on Santa Rosa Island. Their median transects in the

developed areas contained no mouse tracks and 13 cat tracks. Bates

(1992) found that predators in SJPSP did not appear to concentrate near

dunes and the infrequent house cat tracks observed occurred mainly near

structures. Although Bates failed to capture beach mice in dunes

adjacent to the camping areas, Moyers et al. (1996) did capture mice

and observe tracks in these areas. Gore (in litt. 1994) believed that

the house cat population on private lands south of SJPSP was less of a

problem than other developed areas because the residences there served

mainly as seasonal vacation homes. He nevertheless believed further cat

introductions associated with additional land development could pose a

serious threat to beach mouse populations.

Other mammalian predators occurring on sand dunes within SJPSP

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

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

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

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

Protection, pers. comm. 1995).

D. The inadequacy of existing regulatory mechanisms. The Federal

Coastal Barrier Resources Act of 1982 and the Coastal Barrier

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

and financial assistance within Coastal Barrier Resources System (CBRS)

units. CBRA also prohibits the sale of new Federal flood insurance for

new construction or substantial improvements within otherwise protected

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

the historic range of the St. Andrew beach mouse. The Cape San Blas

Unit (P30) covers all of the St. Joseph Peninsula, while the otherwise

protected area (P30P) corresponds with the boundaries of St. Joseph

Peninsula State Park. Habitat west of the city of Mexico Beach,

including Crooked Island East and West, are part of the St. Andrew

Complex Unit (P31). CBRA does not prohibit use of non-Federal or

private funds to finance or insure projects within CBRS units or

otherwise protected areas. As a result, coastal construction may still

proceed within all remaining undeveloped parcels within the subspecies'

historic range.

Eglin Air Force Base currently allows beach driving through its

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

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

prohibits vehicles and pedestrians from encroaching on or near sand

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

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

lack of onsite enforcement personnel. The distance also hampers efforts

at evaluating and taking action on potential problems associated with

free-ranging domestic cats.

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

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

prohibit this activity on private land, nor their destruction during

construction activities. State-regulated Coastal Construction Control

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

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

permits whose stringent requirements generally result

[[Page 70059]]

in protection of beach, frontal dune, and primary dune habitats (G.

Chelicki, Florida Department of Environmental Protection, pers. comm.

1997). The same protections are not afforded to secondary and scrub

dune habitats occurring landward of the CCCL. The State has designated

Crooked Island East and West as critical wildlife areas, which would

protect plants and animals from take or disturbance by pedestrians,

vehicles, and dogs, but this designation does not address habitat

protection (S. Shea in litt. 1997).

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

species. Chapter 39-27.002 of the Florida Administrative Code prohibits

the take, possession, or sale of endangered species except as

authorized by specific permit for the purpose of enhancing the survival

potential of the species. The law does not provide for the protection

or conservation of a listed species' habitat.

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

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

driving within their boundaries, although beach driving occurs on Rish

State Park because it is within the Aquatic Preserve driving management

plan area. Gulf County regulates beach driving on the peninsula between

Indian Pass and SJPSP by ordinance and permits. The ordinances restrict

the number of vehicle access points and prohibits driving in, on, or

over sand dunes or vegetated areas. They do not address pedestrian

encroachment. The most recent revised ordinance creates a 7.6 meter (25

foot) dune buffer zone within a portion of the St. Joseph Peninsula, in

which beach driving and parking are prohibited (Misty Nabers, Florida

Department of Environmental Protection, pers. comm. 1997). This

revision does not apply to the section of the peninsula between about

3.2 km (2 mi) northwest of Cape San Blas to Money Bayou (D. Wibberg,

pers. comm. 1997).

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

control, and handling of free-ranging domestic cats.

E. Other natural or manmade factors affecting its continued

existence. In addition to severe storms, other widespread climatic

conditions that can occur within the range of the St. Andrew beach

mouse include periods of drought and freezing weather. The extent of

any direct or indirect impacts of these factors on beach mouse

survival, either alone or in combination with manmade threats, is not

known.

Storms and residential and commercial development can fragment and

isolate beach mouse habitat. This isolation precludes movement and gene

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

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

population's fitness. Increased predation pressure and competition for

available food and cover may further weaken populations through direct

mortality and reduced reproductive success. The combined threats may

result in a severe decline leading to extinction of these isolated

populations (Caughley and Gunn 1996).

The ecological similarity of house mice and oldfield mice (Gentry

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

may occur between these species. An inverse relationship appears to

exist between the population densities of the house mouse and inland

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

Humphrey and Barbour (1981) documented mutually exclusive distribution

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

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

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

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

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

observations suggest that where conditions favor one of the two

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

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

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

establish themselves in these and adjacent habitats occupied by low

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

less affected by predation from house cats than oldfield mice.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to make this rule

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

St. Andrew beach mouse as endangered. The primary threats to the

continued existence of the species are habitat impacts from periodic

severe weather and land development, which result in direct loss of

mice and the capability of remaining mice to recover from such impacts.

Other potentially significant threats include predation by free-ranging

domestic cats and possible competitive displacement by the house mouse.

The Service considers the threat of extinction to be high magnitude and

imminent because of the more than two-thirds estimated range

curtailment, the species' restriction to a single land unit, and the

recent high frequency of severe storms occurring within or in close

proximity to the species' historic range.

Critical Habitat

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

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

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

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

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

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

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

a determination that such areas are essential for the conservation of

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

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

under the Act is no longer necessary.

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

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

and determinable, the Secretary designate critical habitat at the time

the species is determined to be threatened or endangered. 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: (i) 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 (ii) such designation of critical

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

designation of critical habitat is not prudent for the St. Andrew beach

mouse at this time.

Designated critical habitat is protected by the Act only under

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

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

critical habitat. However, this section, which also prohibits Federal

activities likely to jeopardize listed species, provides substantial

protection to the habitat of listed species, even if critical habitat

is not designated. Section 7(a)(4) requires Federal agencies to confer

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

the continued existence of a proposed species or result in the

destruction or adverse modification of proposed critical habitat. For

most species, including the St. Andrew beach mouse, the protection

afforded the species'

[[Page 70060]]

habitat through application of the no jeopardy standard is so strong,

the Service believes there would be no direct net conservation benefit

from designating critical habitat.

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

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

be expected, directly or indirectly, to reduce appreciably the

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

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

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

or indirect alteration that appreciably diminishes the value of

critical habitat for both the survival and recovery of a listed

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

that consist of several rows paralleling the shoreline. The common

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

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

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

to the predominance of plants whose seeds and fruits are important

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

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

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

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

modification of any of these habitat features to the point of

appreciably diminishing habitat value for recovery and survival would

also jeopardize the species' continued existence by reducing its

reproduction, numbers, or distribution.

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

determined that designation of critical habitat would not add any

protection over that afforded by the jeopardy standard. Any appreciable

diminishment of habitat sufficient to appreciably reduce the value of

the habitat for survival and recovery would also appreciably reduce the

likelihood of survival and recovery by reducing reproduction, numbers,

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

listed species, for which an appreciable reduction in habitat value

would trigger the jeopardy standard, for example the Appalachian elktoe

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

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

(60 FR 29537).

Within unoccupied lands under Federal management, both Eglin and

Tyndall Air Force bases are actively involved in conservation of sand

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

vehicles and pedestrians within its Cape San Blas unit boundaries and

closely reviews mission-related activities for potential habitat

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

recently completed an ecological survey of Cape San Blas that will

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

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

access on both east and west segments to pedestrians and authorized

vehicles, and also prohibits dune encroachment. Natural resource

personnel review all requests for military operations to minimize or

eliminate potential habitat disturbances. Because of these current

conditions, the Service believes that a designation of Crooked Island

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

not result in any additional benefit to the species.

Recovery of the St. Andrew beach mouse will require the

establishment of stabilized beach mouse populations wherever suitable

habitat exists within the historic range of the species. The section 7

consultation requirements do not apply to private lands unless there

are actions that are authorized, funded, or carried out by the Federal

government. Critical habitat designation on unoccupied private lands

might provide minimal benefit to the St. Andrew beach mouse by alerting

permitting agencies to potential sites for translocation. Based on the

existing protections for sand dune habitat by Gulf and Bay counties and

State-regulated Coastal Construction Control Lines (see Factor D.), the

Service believes that most mouse habitat should remain relatively

intact for translocation and recolonization of mice. Thus, any benefit

that might be provided by designation of unoccupied habitat can be more

effectively accomplished through the recovery process and coordination

with the county governments. In addition, sand dune habitat can change

rapidly during severe storms making potential translocation areas

unsuitable for mice. Thus, the current recovery and coordination

process is a preferable means for identifying potential areas for mice

translocations.

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

lack of additional conservation benefit from critical habitat

designation for this species makes such designation not prudent.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibition against certain

practices. Recognition through listing results in public awareness and

conservation actions by Federal, State, and local agencies, private

organizations, and individuals. The Act provides for possible land

acquisition and cooperation with the States and requires that recovery

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

of Federal agencies and the prohibitions against taking and harm are

discussed, in part, below.

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

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

listed as endangered or threatened and with respect to its critical

habitat if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

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

Service on any action that is likely to jeopardize the continued

existence of a species proposed for listing or result in the

destruction or adverse modification of proposed critical habitat. If a

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

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

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

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

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

Federal agency must enter into formal consultation with the Service.

Federal agency actions that are expected to require consultation

include mission-related activities authorized or carried out by Tyndall

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

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

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

that, with planning, beach mouse conservation and military activities

are compatible.

The Federal Emergency Management Agency (FEMA) provides flood

insurance for completed structures through the National Flood Insurance

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

consultation with the Service where the agency provides flood insurance

to private landowners with structures located in occupied habitat. In

this case,

[[Page 70061]]

private property occupied by the beach mouse within the St. Joseph

Peninsula is also located within a CBRS unit and subject to the CBRA

prohibitions against the acquisition of new federally-funded coastal

flood insurance for new construction or substantial improvements (see

Factor D. under ``Summary of Factors Affecting the Species''). The

Service, therefore, believes the listing will have no additional impact

on the application of FEMA's flood insurance program.

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

consultation process may result from the issuance of permits for the

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

Water Act (33 U.S.C. 1344 et seq.). Consultation will be required

should the Corps determine that such permit issuance may affect the St.

Andrew beach mouse.

The Service may undertake internal consultations when carrying out

recovery activities such as dune restoration and construction of

pedestrian crossovers or when reviewing incidental take permit

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

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

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

a population genetics analysis; population viability modeling;

distribution of outdoor interpretive habitat signs; reconstruction of a

dune boardwalk at SJPSP; sand dune restoration at Crooked Island,

SJPSP, and other Gulf County areas; and translocation of beach mice

from SJPSP to Crooked Island. The Service plans to continue pursuing

conservation actions to reduce threats to the species' continued

existence.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered

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

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

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

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

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

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

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

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

Certain exceptions apply to agents of the Service and State

conservation agencies.

The prohibitions of section 9 will not apply to St. Andrew Beach

mice which were held in captivity or a controlled environment on the

date of publication in the Federal Register of this final rulemaking,

provided that such holding and any subsequent holding of such mice is

not in the course of a commercial activity (purchase or sale).

Permits may be issued to carry out otherwise prohibited activities

involving endangered wildlife under certain circumstances. Regulations

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

available for scientific purposes, to enhance the propagation or

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

otherwise lawful activities.

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

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

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

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

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

this listing on proposed and ongoing activities within the species'

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

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

section 9:

(1) Beneficial activities whose implementation does not result in

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

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

planting of local, native dune vegetation to accelerate dune

restoration, and dune reconstruction using beach quality sand.

(2) Normal residential activities on unoccupied habitat that would

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

private development and dune access by vehicles and pedestrians.

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

agency when the action is conducted in accordance with any measures

required under section 7 of the Act.

Potential activities involving the St. Andrew beach mouse that the

Service believes will likely be considered a violation of section 9

include, but are not limited to, the following:

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

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

shipping of illegally taken St. Andrew beach mice.

(3) Destruction or alteration of occupied habitat such as

unpermitted development or habitat modification that results in the

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

significant impairment of essential behaviors including breeding,

feeding, or sheltering.

For questions regarding whether specific activities will constitute

a violation of section 9 or to obtain approved guidelines for actions

within beach mouse habitat, contact the Field Supervisor of the

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

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

regulations concerning listed animals and inquiries regarding

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

Service, Ecological Services, Permit Coordinator, 1875 Century

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

facsimile 404/679-7081).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, as defined under the

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

prepared in connection with regulations adopted pursuant to section

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

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

(48 FR 49244).

Paperwork Reduction Act

This rule does not contain any information collection requirements

for which the Office of Management and Budget (OMB) approval under the

Paperwork Reduction Act, 44 U.S.C. 3501 et seq. is required. An

information collection related to the rule pertaining to permits for

endangered and threatened species has OMB approval and is assigned

clearance number 1018-0094. This rule does not alter that information

collection requirement. For additional information concerning permits

and associated requirements for endangered species, see 50 CFR 17.22.

References Cited

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

is available upon request from the Jacksonville Field Office (see

ADDRESSES section).

Author

The primary author of this document is John F. Milio (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

[[Page 70062]]

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:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

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

Species Vertebrate

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

Historic range endangered or Status When listed habitat rules

Common name Scientific name threatened

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

Mammals

* * * * * * *

Mouse, St. Andrew beach...... Peromyscus U.S.A. (FL)........ Entire............. E 655 NA NA

polionotus

peninsularis.

* * * * * * *

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

Dated: December 7, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98-33552 Filed 12-17-98; 8:45 am]

BILLING CODE 4310-55-P