Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for the Northern Idaho Ground Squirrel

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE84

Endangered and Threatened Wildlife and Plants; Proposed

Threatened Status for the Northern Idaho Ground Squirrel

AGENCY: Fish and Wildlife Service, Interior

ACTION: Proposed rule.

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

the northern Idaho ground squirrel (Spermophilus brunneus brunneus) as

a threatened species throughout its range in western Idaho pursuant to

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

is known from 21 sites in Adams and Valley Counties, Idaho. It is

primarily threatened by habitat loss due to seral forest encroachment

into former suitable meadow habitats. Seral forest encroachment results

in habitat fragmentation, isolating northern Idaho ground squirrel

colonies. The subspecies is also threatened by competition from the

larger Columbian ground squirrel (Spermophilus columbianus), land use

changes, recreational shooting and naturally occurring events. This

proposal, if made final, would extend Federal protection provisions

provided by the Act for the northern Idaho ground squirrel.

DATES: Comments from all interested parties must be received by May 22,

1998. The Service will hold a public hearing on the proposal in

Council, Idaho on May 5, 1998, from 6:00-8:00 p.m., at the Council

Elementary School Multi Purpose Room, 202 Highway 95.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the U.S. Fish and Wildlife Service, Snake River Basin Office,

1387 South Vinnell Way, Room 368, Boise, Idaho 83709. Comments and

materials received will be available for public inspection, by

appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Robert Ruesink, Supervisor, at the

above address or (208) 378-5243.

SUPPLEMENTARY INFORMATION:

Background

he U.S. Fish and Wildlife Service, Snake River Basin Office,

1387 South Vinnell Way, Room 368, Boise, Idaho 83709. Comments and

materials received will be available for public inspection, by

appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Robert Ruesink, Supervisor, at the

above address or (208) 378-5243.

SUPPLEMENTARY INFORMATION:

Background

The northern Idaho ground squirrel (Spermophilus brunneus brunneus)

has the most restricted geographical range of any Spermophilus taxa and

one of the smallest ranges among North American mainland mammals (Gill

and Yensen 1992). The first specimens, collected by L. E. Wyman in

1913, were described by A. H. Howell as Citellus townsendii brunneus, a

subspecies of the Washington ground squirrel (Spermophilus washingtoni)

(Howell 1938). In 1938, Howell subsequently classified the Idaho ground

squirrel as a full species, Citellus brunneus. Spermophilus is the

generic name that was used by Hershkovitz (1949) to correctly establish

this genus. Yensen (1991) described the southern Idaho ground squirrel

(Spermophilus brunneus endemicus) as taxonomically distinct, based on

morphology, pelage, and apparent life history differences including

biogeographical evidence of separation.

Both the northern and southern Idaho ground squirrels are found

only in western Idaho. Of the two subspecies, the northern Idaho ground

squirrel is the rarest (Yensen 1991). A relatively small member of the

genus Spermophilus, the mean length of northern Idaho ground squirrel

males and females is 233 millimeters (mm) (9.25 inches (in)) and 225 mm

(8.9 in), respectively. In comparison, the mean length of southern

Idaho ground squirrel males is 240 mm (9.5 in) and 233 mm (9.25 in) for

females (Yensen 1991)

orthern Idaho ground

squirrel is the rarest (Yensen 1991). A relatively small member of the

genus Spermophilus, the mean length of northern Idaho ground squirrel

males and females is 233 millimeters (mm) (9.25 inches (in)) and 225 mm

(8.9 in), respectively. In comparison, the mean length of southern

Idaho ground squirrel males is 240 mm (9.5 in) and 233 mm (9.25 in) for

females (Yensen 1991). Pelage in northern Idaho ground squirrel differs

from the southern Idaho ground squirrel in its mid-dorsal area which

consists of long, dark guard hairs and shorter, dark guard hairs with

one paler-colored band on the shield (Yensen 1991). Most northern Idaho

ground squirrels are found in areas with shallow reddish parent soils

of basaltic origin, while the southern Idaho ground squirrel lives on

lower elevation, paler colored soils formed by granitic sands and clays

from the Boise Mountains (Yensen 1985, 1991). Marked differences in

pelage coloration between the disjunct subspecies are related to soil

color.

The baculum (penis bone) of northern Idaho ground squirrel is also

generally smaller than that of the southern Idaho ground squirrel. A

principal-component analysis indicated a striking difference among

bacula of the two subspecies that forms a cluster well separated in

character space (Yensen 1991). Genetic differentiation between the two

subspecies has also been confirmed using enzyme restriction analysis,

blood allozyme analyses and DNA protein sequencing (Gill and Yensen

1992; Sherman and Yensen 1994).

The northern Idaho ground squirrel emerges in late March or early

April and remains active above ground until late July or early August

(Yensen 1991). It occurs at 1,150 to 1,580 meters (m) (3,800 to 5,200

feet (ft)) elevation in Adams and Valley Counties of western Idaho

restriction analysis,

blood allozyme analyses and DNA protein sequencing (Gill and Yensen

1992; Sherman and Yensen 1994).

The northern Idaho ground squirrel emerges in late March or early

April and remains active above ground until late July or early August

(Yensen 1991). It occurs at 1,150 to 1,580 meters (m) (3,800 to 5,200

feet (ft)) elevation in Adams and Valley Counties of western Idaho. In

contrast the southern Idaho ground squirrel occurs at elevations of 670

to 975 m (2,200 to 3,200 ft) in the low rolling hills and valleys along

the Payette River in Gem, Payette, and Washington Counties of western

Idaho (Yensen 1991). The southern subspecies emerges in late January or

early February, where snow melt begins 1 to 2 months earlier in spring,

and ceases above-ground activity in late June or early July. The

emergence of the northern Idaho ground squirrel in late March or early

April begins with adult males, followed by adult females, then

yearlings.

The northern Idaho ground squirrel becomes reproductively active

within the first 2 weeks of emergence (Yensen 1991). Females that

survive the first winter live, on average, nearly twice as long as

males (3.2 years for females and 1.7 years for males). Individual

females have lived for 8 years. Males normally die at a younger age due

to behavior associated with reproductive activity. During the mating

period, males move considerable distances in search of receptive

females and often fight with other males for copulations, thereby

exposing themselves to predation by raptors including prairie falcon

(Falco mexicanus), goshawk (Accipiter gentilis) and red-tailed hawk

(Buteo jamaicensis). Significantly more males die or disappear during

the 2 week mating period than during the rest of the 12 to 14 week

period of above ground activity (Sherman and Yensen 1994). Seasonal

torpor generally occurs in early to mid July for males and females, and

late July to early August for juveniles

ie falcon

(Falco mexicanus), goshawk (Accipiter gentilis) and red-tailed hawk

(Buteo jamaicensis). Significantly more males die or disappear during

the 2 week mating period than during the rest of the 12 to 14 week

period of above ground activity (Sherman and Yensen 1994). Seasonal

torpor generally occurs in early to mid July for males and females, and

late July to early August for juveniles.

In 1985, the total northern Idaho ground squirrel population in 18

known colonies was approximately 5,000 squirrels (Fish and Wildlife

Service 1985). Subsequent surveys were conducted on an annual basis.

While new active colonies were found during these surveys, previously

active colonies became extirpated (P. Sherman, Cornell University,

pers. comm., 1997). For example, one colony located on BLM lands was

active through 1988, but since then has not been occupied by northern

Idaho ground squirrels (J. La Rocco, BLM, pers. comm., 1997). In 1996,

the total population had declined to fewer than 1,000 individuals

distributed through 19 colonies (Sherman and Gavin 1997). Only one of

these colonies contained greater than 60 animals. In 1997, three

additional colonies were found for a total of 21 active colonies. Still

the total population estimate remains at less than 1,000 individuals.

Of the 21 known active colonies, 11 occur on public lands and 10 occur

on private lands. The numbers of squirrels in many of the active

colonies have been trending downward for over 10 years (Yensen 1980;

Fish and Wildlife Service 1985; Yensen 1985; Sherman and Yensen 1994;

Sherman and Gavin 1997).

Soil texture and depth can be a primary factor in determining

species distribution for most Spermophilus (Brown and Harney 1993). The

northern Idaho ground squirrel often digs burrows under logs, rocks, or

other objects (Sherman and Yensen 1994). Dry vegetation sites with

shallow soil horizons of less than 50 centimeters (19.5 in) depth above

basalt bedrock to develop burrow systems are preferred (Yensen et al.

1991)

be a primary factor in determining

species distribution for most Spermophilus (Brown and Harney 1993). The

northern Idaho ground squirrel often digs burrows under logs, rocks, or

other objects (Sherman and Yensen 1994). Dry vegetation sites with

shallow soil horizons of less than 50 centimeters (19.5 in) depth above

basalt bedrock to develop burrow systems are preferred (Yensen et al.

1991). Burrows associated with shallow soils are called auxiliary

burrows. Nesting burrows are found in deeper soil pockets that are

greater than 1 m (3 ft) deep, usually located near the tops of slopes.

Although Columbian ground squirrels (Spermophilus columbianus) overlap

in distribution with the northern Idaho ground squirrel (Dyni and

Yensen 1996), Columbian ground squirrels prefer moister areas with

deeper soils. Sherman and Yensen (1994) report that the lack of

extensive use of the same areas by the two species is due to

competitive exclusion, rather than to each species having different

habitat requirements.

Nearly all of the meadow habitats utilized by northern Idaho ground

squirrels are bordered by coniferous forests of Pinus ponderosa

(ponderosa pine) and/or Pseudotsuga menziesii (Douglas fir). However,

this ground squirrel is not abundant in meadows that contain high

densities of small trees (Sherman and Yensen 1994).

The northern Idaho ground squirrel is primarily granivorous,

similar to the Columbian ground squirrel (Dyni and Yensen 1996), and

ingests large amounts of Poa sp. and other grass seeds to store energy

for the winter. The northern Idaho ground squirrel consumes 45 to 50

different plant species but prefers Poa sp., Stipa sp., Microseris sp.

and Cryptantha sp. seeds. Roots, bulbs, leaf stems and flower heads are

minor components of the diet. The Columbian ground squirrel often

inhabits areas with denser vegetation than the northern Idaho ground

squirrel (Dyni

ther grass seeds to store energy

for the winter. The northern Idaho ground squirrel consumes 45 to 50

different plant species but prefers Poa sp., Stipa sp., Microseris sp.

and Cryptantha sp. seeds. Roots, bulbs, leaf stems and flower heads are

minor components of the diet. The Columbian ground squirrel often

inhabits areas with denser vegetation than the northern Idaho ground

squirrel (Dyni

and Yensen 1996). Such areas contain more abundant food resources than

habitats occupied by northern Idaho ground squirrel (Belovsky and

Schmitz 1994).

The northern Idaho ground squirrel is found on lands administered

by the U.S. Forest Service, Idaho State Department of Lands, Boise

Cascade Corporation, and other private properties.

Previous Federal Action

In a notice of review published January 6, 1989, the Service

determined that the northern Idaho ground squirrel was a category 1

candidate (54 FR 562). Category 1 candidates were those taxa for which

the Service had on file substantial information on biological

vulnerability and threats to support preparation of listing proposals.

In a notice of review published on November 21, 1991 (56 FR 58804), the

taxon was again included in category 1. On November 15, 1994, the

Service published a revised notice of review in which the northern

Idaho ground squirrel was included in category 2 (59 FR 58982).

Category 2 species were those for which the Service had information

indicating that listing may be warranted but for which it lacked

sufficient information on status and threats to support issuance of

listing rules. Upon publication of the February 28, 1996, notice of

review (61 FR 7596), the Service ceased using category designations and

included the northern Idaho ground squirrel 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

g rules. Upon publication of the February 28, 1996, notice of

review (61 FR 7596), the Service ceased using category designations and

included the northern Idaho ground squirrel 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, notice of review (62 FR 49398)

As a result of long-standing litigation with the Fund For Animals,

a lawsuit settlement of January 21, 1997, directed the Service to make

a decision (i.e. prepare a proposed rule to list or remove from Federal

candidacy) concerning the northern Idaho ground squirrel on or before

April 1, 1998. This proposed rule constitutes the finding that listing

of the northern Idaho ground squirrel as a threatened species is

warranted.

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 in 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 processing critical habitat determinations and

delisting or reclassifications. This proposed rule constitutes a Tier 3

action.

Summary of Factors Affecting the Species

ier

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 processing critical habitat determinations and

delisting or reclassifications. This proposed rule constitutes a Tier 3

action.

Summary of Factors Affecting the Species

Section 4 of the Act (16 U.S.C. 1533) 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 northern Idaho ground squirrel are

as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Little is known about the historic

range of the northern Idaho ground squirrel, however, it is thought

that this subspecies was always uncommon within a limited habitat, but

in the past was much more abundant than at present (Forest Service

1997). All remaining habitat sites for the northern Idaho ground

squirrel are small in relation to those of other ground squirrels,

ranging in size from 1.2 to 16 hectares (3 to 40 acres), and are

imminently threatened by one or more of the following--land conversion

to agriculture; residential construction; development of recreational

facilities such as campgrounds; and road construction and maintenance.

Agricultural conversion and rural housing developments from the

communities of Round Valley, north to New Meadows, and south to

Council, Idaho, during the past 40 years have fragmented habitat that

was formerly occupied by the northern Idaho ground squirrel. These

types of developments continue to threaten remaining colonies in both

Adams and Valley Counties

oad construction and maintenance.

Agricultural conversion and rural housing developments from the

communities of Round Valley, north to New Meadows, and south to

Council, Idaho, during the past 40 years have fragmented habitat that

was formerly occupied by the northern Idaho ground squirrel. These

types of developments continue to threaten remaining colonies in both

Adams and Valley Counties. Occupied ground squirrel habitat near New

Meadows was converted to a golf course and associated housing

development (Yensen 1985), resulting in the eradication of northern

Idaho ground squirrels at the site.

A 51.6 kilometer (km) (32 mile (mi)) gravel road from Council to

Cuprum, Idaho is scheduled to be paved by the year 2000. Approximately

6.5 km (4 mi) of this project runs through historic and currently

occupied habitat of the northern Idaho ground squirrel. The project

will improve and seasonally extend vehicle access to four nearby

northern Idaho ground squirrel colonies. Four existing colonies will be

subject to increased mortality risk from vehicles, and possibly

recreational shooting (U. S. Forest Service 1997a).

A mitigation plan (Plan) has been developed for the Council to

Cuprum Road paving project in cooperation with the Federal Highway

Administration (Forest Service 1997a). The Plan identifies mitigation

actions to attract northern Idaho ground squirrels away from the paved

highway to adjacent but suitable habitat to avoid passing vehicles.

Funding for this Plan, if approved, would allow for monitoring the

mitigation measures for a 3-year period after the road improvements

have been made, which will occur between 1998-2000. At this time, it is

uncertain whether proposed mitigation measures will be successful in

protecting colonies in the vicinity of the project.

B. Overutilization for commercial, recreational, scientific, or

educational purposes

lan, if approved, would allow for monitoring the

mitigation measures for a 3-year period after the road improvements

have been made, which will occur between 1998-2000. At this time, it is

uncertain whether proposed mitigation measures will be successful in

protecting colonies in the vicinity of the project.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Some, in the general public, consider ground

squirrels as varmints and, as such, recreational shooting contributes

to the decline of northern Idaho ground squirrel colonies (Yensen

1991). Colonies adjacent to housing developments, towns, or farms, in

particular, are subject to a high rate of recreational shooting.

Scientific collection of ground squirrels could also adversely impact

this species, however, to date, no known mortality has occurred through

handling or marking over 1,100 squirrels (Sherman and Yensen 1994).

C. Disease or predation. The significance of disease as a threat to

this subspecies is unknown. The parasitic nematode, Pelodera

strongyloides, infects the eyes of the northern Idaho ground squirrel

(Sherman and Yensen 1994; Yensen et al. 1996). This eye worm is not

currently known to be a cause of mortality or to affect the population

structure within existing colonies (Yensen et al. 1996). Although

plague, (Yersina pestis), a contagious bacterial disease in rodents,

has not been found in any northern Idaho ground squirrel colonies, the

disease, once established, could decimate these colonies (Yensen et al.

1996).

The primary predators of the northern Idaho ground squirrel include

badger (Taxidea taxus), goshawk (Accipiter gentilis), prairie falcon

(Falco mexicanus) and occasionally red-tailed hawk (Buteo jamaicensis).

In particular, predators threaten the smaller more isolated colonies of

northern Idaho

rrel colonies, the

disease, once established, could decimate these colonies (Yensen et al.

1996).

The primary predators of the northern Idaho ground squirrel include

badger (Taxidea taxus), goshawk (Accipiter gentilis), prairie falcon

(Falco mexicanus) and occasionally red-tailed hawk (Buteo jamaicensis).

In particular, predators threaten the smaller more isolated colonies of

northern Idaho

ground squirrel. Males are particularly subject to increased predation

risk during the mating period (Sherman and Yensen 1994).

D. The inadequacy of existing regulatory mechanisms. The State of

Idaho recognizes the northern Idaho ground squirrel as a ``Species of

Special Concern'' (Idaho Department of Fish and Game 1994). Because of

this status, the northern Idaho ground squirrel is, by law, protected

from taking (shooting, trapping, poisoning) or possession. To date,

however, protection from recreational shooting has not been adequately

enforced by the State and the northern Idaho ground squirrel remains

vulnerable to this activity (Yensen 1985).

Local land use ordinances and other regulations are inadequate to

protect this subspecies. For example, the Adams County land use

regulations, where 99 percent of northern Idaho ground squirrel

colonies are found, allow for single and multiple housing developments

under a permit system. There is no consideration under the permit

system for impacts that may result from building housing or recreation

developments in or adjacent to habitat occupied by the northern Idaho

ground squirrel. With no limitations on development of northern Idaho

ground squirrel habitat, it is anticipated that human population growth

and development in the foreseeable future will continue to impact

ground squirrel colonies where the two overlap.

Under the present status as a candidate species, there is no

requirement for Federal agencies to consult with the Service under

section 7 of the Endangered Species Act

tations on development of northern Idaho

ground squirrel habitat, it is anticipated that human population growth

and development in the foreseeable future will continue to impact

ground squirrel colonies where the two overlap.

Under the present status as a candidate species, there is no

requirement for Federal agencies to consult with the Service under

section 7 of the Endangered Species Act. When this proposed rule to

list the northern Idaho ground squirrel is published in the Federal

Register, conferencing (which is equivalent to section 7 consultation)

by other Federal agencies will be required when their actions may

jeopardize the species. Until this step has been completed, only the

voluntary conservation agreement between the Payette National Forest

and the Service provides responsible management to reduce threats to

the northern Idaho ground squirrel.

E. Other natural or manmade factors affecting its continued

existence. The primary threat to the northern Idaho ground squirrel is

meadow invasion by conifers (Sherman and Yensen 1994). Fire suppression

and the dense regrowth of conifers resulting from past logging

activities have significantly reduced meadow habitats suitable for

northern Idaho ground squirrels. As the extent of meadow habitat on

public and private lands was reduced over the past 40 years, northern

Idaho ground squirrel dispersal corridors have been reduced or

eliminated, further constricting the species into smaller isolated

habitat areas (Truksa and Yensen 1990). The loss of dispersal corridors

has caused at least some isolated colonies to become extirpated

(Sherman and Yensen 1994: Fish and Wildlife Service 1996). Small

populations at several remaining colony sites are likely to become

extirpated as well (Sherman and Yensen 1994; Mangel and Tier 1994)

ated, further constricting the species into smaller isolated

habitat areas (Truksa and Yensen 1990). The loss of dispersal corridors

has caused at least some isolated colonies to become extirpated

(Sherman and Yensen 1994: Fish and Wildlife Service 1996). Small

populations at several remaining colony sites are likely to become

extirpated as well (Sherman and Yensen 1994; Mangel and Tier 1994).

The fragmented distribution of the northern Idaho ground squirrel

is the remnant of what may once have been a more continuous

distribution from Round Valley, Idaho in Valley County north to New

Meadows and then southwest to Council in Adams County, and the existing

colonies on private and public lands northwest of Council. Because of

logging and fire suppression, forest structure has changed markedly

over the past century, resulting in much denser, more even-aged younger

stands of trees with thinner and less heterogeneous under-story plant

communities (Burns and Zborowski 1996). Fire suppression has allowed

conifers to invade areas that were once meadows, thereby shrinking the

size of forb/grass meadows or closing open grassy corridors entirely to

each of these meadow sites. These changes have isolated the dry meadows

with shallow soils where the northern Idaho ground squirrel finds

refuge from the Columbian ground squirrel, which also eliminates

phenotypic exchange between northern Idaho ground squirrel colonies.

Those dry meadow habitats where colonies still are extant are now being

invaded in most areas by small trees, further constricting the

preferred forage and fossorial habitat of this species. Habitat

dissection and reduced opportunities for dispersal among habitats

prevents gene flow and results in considerable population

differentiation (Sherman and Yensen 1994).

Habitat and resource competition with the Columbian ground squirrel

is another factor affecting the survival of the northern Idaho ground

squirrel

onstricting the

preferred forage and fossorial habitat of this species. Habitat

dissection and reduced opportunities for dispersal among habitats

prevents gene flow and results in considerable population

differentiation (Sherman and Yensen 1994).

Habitat and resource competition with the Columbian ground squirrel

is another factor affecting the survival of the northern Idaho ground

squirrel. The northern Idaho ground squirrel may have been forced into

areas containing shallower soils due to competition from Columbian

ground squirrels (Sherman and Yensen 1994). The Columbian ground

squirrel is larger and prefers deeper soil areas with soils that

provide better over-winter protection and higher nutrients. Competition

from Columbian ground squirrel could be an important factor in

population decline of the northern Idaho ground squirrel (Dyni and

Yensen 1996). Where both species occur, the northern Idaho ground

squirrel tends to occupy the shallower soils but requires deeper soils

less than 1 m (3.2 ft) for nests (Yensen et al. 1991). The Columbian

ground squirrel is not restricted by soil depth. Typically their burrow

systems are associated with degree of slope, well drained soils, and

number of native forbs (Weddell 1989).

Winter mortality may be a contributing factor for northern Idaho

ground squirrel decline, especially when juvenile squirrels enter

torpor without sufficient fat reserves and snow levels are below

average (Paul Sherman, pers. comm., 1997). Soils tend to freeze to

greater depths where snow levels are shallow. When this occurs ground

squirrels are unable to thermoregulate or maintain sufficient fat

reserves. Although the relationship between ground squirrels and

weather is complex (Yensen et al. 1992) colonies may have been

adversely affected by drought and over winter mortality in the early

1990's

l Sherman, pers. comm., 1997). Soils tend to freeze to

greater depths where snow levels are shallow. When this occurs ground

squirrels are unable to thermoregulate or maintain sufficient fat

reserves. Although the relationship between ground squirrels and

weather is complex (Yensen et al. 1992) colonies may have been

adversely affected by drought and over winter mortality in the early

1990's.

As a result of the factors discussed above and due to the small

population sizes of remaining colonies and the small total number of

individuals, the northern Idaho ground squirrel may have little

resilience to respond to naturally occurring events (Gavin et al.

1993). Small animal populations are often highly vulnerable to natural

climatic fluctuations as well as catastrophic events (Mangel and Tier

1994). Gavin et al. (1993) ran a computer population viability

simulation program (VORTEX), using natality and mortality values

recorded over 8 years from an intensively studied northern Idaho ground

squirrel colony (Sherman and Yensen 1994). Variables in the model

included no natural immigration, and began the population viability

analysis using 50 individuals, a figure that was 30 individuals lower

than the actual population size of 80 individuals (Sherman and Yensen

1994). The model calculated that all but 1 of 100 populations would

become extinct in less than 20 years.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by the northern Idaho ground squirrel in

determining to propose this rule. Based on this evaluation, the

preferred action is to list the northern Idaho ground squirrel as

threatened. The subspecies has declined from approximately 5,000

animals in 1985 to fewer than 1,000 animals in 1997. While the northern

Idaho ground squirrel is not in immediate danger of extinction because

re threats faced by the northern Idaho ground squirrel in

determining to propose this rule. Based on this evaluation, the

preferred action is to list the northern Idaho ground squirrel as

threatened. The subspecies has declined from approximately 5,000

animals in 1985 to fewer than 1,000 animals in 1997. While the northern

Idaho ground squirrel is not in immediate danger of extinction because

of ongoing conservation and recovery efforts, the subspecies could

become endangered in the foreseeable future if remaining colony

populations decline further.

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

a species is determined to be endangered or threatened. Service

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

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

exist--(1) the species is threatened by taking or other human activity,

and identification of critical habitat can be expected to increase the

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

habitat would not be beneficial to the species

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

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

exist--(1) the species is threatened by taking or other human activity,

and identification of critical habitat can be expected to increase the

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

habitat would not be beneficial to the species.

The Service believes critical habitat designation is not prudent

for the northern Idaho ground squirrel because both of the above

described situations exist. The northern Idaho ground squirrel has been

studied for 17 years (Yensen 1980; Yensen 1985; Sherman and Yensen

1994; Sherman and Gavin 1997), and the locations of active and historic

colonies are well documented and known within the scientific community.

However, publication of detailed critical habitat maps and

descriptions, as required, would make this information more readily

available to the general public and serve as an advertisement for

casual/recreational visits to the habitat areas, thereby increasing the

risk of elimination of northern Idaho ground squirrels or their

habitat. Eliminating a colony or destroying the squirrel's habitat

serves to create the false sense that it is no longer a problem.

Publishing maps of critical habitat may also serve as rally areas for

the shooting public to use and destroy ground squirrels directly or

indirectly (R. Howard, Fish and Wildlife Service, pers. comm., 1997).

In light of the vulnerability of this species to vandalism or the

intentional destruction of its habitat, critical habitat designation

would reasonably be expected to increase the degree of threat to the

species, increase the enforcement difficulties, and further contribute

to the decline of the northern Idaho ground squirrel.

Additionally, designation of critical habitat would not be

beneficial to the northern Idaho ground squirrel

ies to vandalism or the

intentional destruction of its habitat, critical habitat designation

would reasonably be expected to increase the degree of threat to the

species, increase the enforcement difficulties, and further contribute

to the decline of the northern Idaho ground squirrel.

Additionally, designation of critical habitat would not be

beneficial to the northern Idaho ground squirrel. Critical habitat

designation provides protection only on Federal lands or on private or

State lands when there is Federal involvement through authorization or

funding of, or participation in, a project or activity. Eleven of the

remaining sites are located on Federal lands administered by the U.S.

Forest Service and the Bureau of Land Management. These agencies are

aware of the species occurrence at these sites and the requirement to

consult with the Service under section 7(a)(2) to ensure that any

actions federally authorized, funded or carried out is not likely to

jeopardize the continued existence of an endangered or threatened

species. Section 7(a)(2) of the Act requires Federal agencies, in

consultation with the Service, to ensure that any action authorized,

funded or carried out by such agency, does not jeopardize the continued

existence of a federally listed species. Consultation is most likely to

occur with the Bureau of Land Management and the Forest Service

concerning timber harvest activities, recreational use permits, and

management of grazing allotments. The consequence of critical habitat

designation is that Federal agencies must also ensure that their

actions do not result in destruction or adverse modification of

critical habitat. The adverse modification standard would not address

seral forest encroachment which is considered a principal factor

causing northern Idaho ground squirrel declines

permits, and

management of grazing allotments. The consequence of critical habitat

designation is that Federal agencies must also ensure that their

actions do not result in destruction or adverse modification of

critical habitat. The adverse modification standard would not address

seral forest encroachment which is considered a principal factor

causing northern Idaho ground squirrel declines. Therefore, in this

case, the prohibition on adverse modification would likely provide no

additional benefit to conservation of the subspecies than that provided

by the prohibition on jeopardy.

The Service acknowledges that critical habitat designation may

provide some benefits to a species by identifying areas important to a

species conservation and calling attention to those areas in special

need of protection. A critical habitat designation contributes to

species conservation primarily by highlighting important habitat areas

and by describing the features within those areas that are essential to

the species. However, in this case, this information can be

disseminated more effectively through alternative means and the primary

threat (plant succession) would not be addressed by critical habitat

designation.

The northern Idaho ground squirrel is not well known to the general

public because of its rarity and limited distribution. As a

consequence, all involved parties and landowners have been notified of

the importance of the northern Idaho ground squirrel habitat. The

Service is directly working with Federal land management agencies to

develop a coordinated management plan including vegetation control and

translocation to reestablish or augment populations of the northern

Idaho ground squirrel. Appropriate consultation and coordination with

other Federal agencies, such as the Forest Service and Bureau of Land

Management, will also occur once any specific federally supported

activity that could affect the northern Idaho ground squirrel is

proposed

nagement plan including vegetation control and

translocation to reestablish or augment populations of the northern

Idaho ground squirrel. Appropriate consultation and coordination with

other Federal agencies, such as the Forest Service and Bureau of Land

Management, will also occur once any specific federally supported

activity that could affect the northern Idaho ground squirrel is

proposed. These conservation actions for the Idaho ground squirrel

would not be enhanced by designation of critical habitat.

Therefore, the Service finds that designation of critical habitat

for this species is not prudent, for such designation would increase

the degree of threat from vandalism, shooting, or intentional

destruction of habitat and would provide no additional benefit to the

species.

The Service will continue in its efforts to obtain more information

on the northern Idaho ground squirrel's biology and ecology, including

essential habitat characteristics, and existing and potential sites

that can contribute to conservation of the species. The information

resulting from this effort will be used to identify measures needed to

achieve conservation of the species, as defined under the Act. Such

measures could include, but are not limited to, development of

additional conservation agreements with the State, other Federal

agencies, local governments, and private landowners and organizations,

and implementation of those agreements already in effect.

Available Conservation Measures

Ongoing conservation activities for this species include prelisting

actions and conservation efforts on Federal and private lands. The

remaining active northern Idaho ground squirrel colonies occur on

private and Payette National Forest lands. A management agreement

between The Nature Conservancy and

n College, Caldwell, Idaho, was initiated

in the spring of 1997. A total of 49 of squirrels were transplanted to

two sites (15 and 34 respectively) that had been treated through

burning and or timber harvest (P. Sherman, pers. comm., 1997). Both

treated sites are on lands managed by the U.S. Forest Service and were

selected because both have recently supported northern Idaho ground

squirrels. One site still supports a small population of animals while

squirrels were found until 1996 at the other site. Initial results

indicate that some translocated females were lactating and juveniles

were observed at both sites (P. Sherman, pers. comm., 1997). More

definitive results of the translocation will not be known until

monitoring efforts are completed in the spring of 1998. Whether long-

term benefits to ground squirrel recovery result from these actions may

be unknown for several years.

These ongoing conservation efforts for the northern Idaho ground

squirrel address threats that have likely contributed to the species'

past decline. The Service will continue to work with private and

Federal land owners to restore and maintain suitable habitat and

dispersal corridors for the species and to address other limiting

factors.

Conservation measures provided to species listed as endangered or

threatened under the 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 taking and harm are discussed, in

part, below

h 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 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) of the Act requires Federal agencies to

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

continued existence of a proposed species or result in destruction or

adverse modification of proposed critical habitat. If a species is

listed subsequently, section 7(a)(2) requires Federal agencies to

insure that activities they authorize, fund, or carry out are not

likely to jeopardize the continued existence of 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.

The Act requires the appropriate land management agencies to

evaluate potential impacts to the species that may result from

activities they authorize or permit. Consultation under section 7 of

the Act is required for activities on Federal, State, County, or

private lands, that may impact the survival and recovery of the

northern Idaho ground squirrel, if such activities are funded,

authorized, carried out, or permitted by Federal agencies

agencies to

evaluate potential impacts to the species that may result from

activities they authorize or permit. Consultation under section 7 of

the Act is required for activities on Federal, State, County, or

private lands, that may impact the survival and recovery of the

northern Idaho ground squirrel, if such activities are funded,

authorized, carried out, or permitted by Federal agencies. Federal

agencies that may be involved in activities affecting this species

include the Forest Service, Federal Highways Administration, Bureau of

Land Management, Office of Surface Mining and Natural Resources

Conservation Service. Section 7 requires these agencies to consider

potential impacts to the northern Idaho ground squirrel prior to

approval of any activity authorized or permitted by them.

Federal agency actions that may require consultation include

removing, thinning or altering vegetation; construction of roads or

camping sites in the vicinity of active and historical colonies,

recreational home developments, permitting off-road vehicle use areas,

and development of gravel or sand mining activities, campground

construction, mining permits and expansion, highway construction,

timber harvest, etc.

The Act and implementing regulations found at 50 CFR 17.21 and

17.31 set forth a series of general prohibitions and exceptions that

apply to all threatened wildlife. These prohibitions, in part, make it

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

to take (including harass, harm, pursue, hunt, shoot, wound, kill,

trap, capture, collect, or attempt any such conduct), import or export,

transport in interstate or foreign 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

h conduct), import or export,

transport in interstate or foreign 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 threatened wildlife species 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, and/or for incidental take in

connection with otherwise lawful activities. For threatened species,

permits are also available for zoological exhibition, educational

purposes, or special purposes consistent with the purposes of the Act.

(Information collections associated with these permits are approved

under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and assigned

Office of Management and Budget clearance number 10180-0094.)

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 proposed for listing, those

activities that would or would not constitute a violation of section 9

of the Act. The intent of this policy is to increase public awareness

of the effect of the listing on proposed and ongoing activities within

a species' range. The Service believes that, based upon the best

available information, the following action will not result in a

violation of section 9:

Activities authorized, funded, or carried out by Federal agencies

(e.g., logging, flood and erosion control, mineral and housing

development, off road permitting or park development,

of the listing on proposed and ongoing activities within

a species' range. The Service believes that, based upon the best

available information, the following action will not result in a

violation of section 9:

Activities authorized, funded, or carried out by Federal agencies

(e.g., logging, flood and erosion control, mineral and housing

development, off road permitting or park development,

recreational trail and campground development, road construction,

prescribed burns, pest control activities, utility lines or pipeline

construction) when such activity is conducted in accordance with any

incidental take statement prepared by the Service in accordance with

section 7 of the Act.

Activities that the Service believes could potentially result in a

violation of section 9 include but are not limited to:

(1) Unauthorized or unpermitted collecting, handling, harassing, or

taking (such as recreational shooting) of the subspecies;

(2) Activities that directly or indirectly result in the actual

death or injury of the northern Idaho ground squirrel, or that modify

the known habitat of the subspecies by significantly modifying

essential behavior patterns (e.g., plowing, conversion to cropland,

residential or recreational uses; road and trail construction; water

development and impoundment; mineral extraction or processing; off-road

vehicle use; and unauthorized application of herbicides or pesticides).

the northern Idaho ground squirrel, or that modify

the known habitat of the subspecies by significantly modifying

essential behavior patterns (e.g., plowing, conversion to cropland,

residential or recreational uses; road and trail construction; water

development and impoundment; mineral extraction or processing; off-road

vehicle use; and unauthorized application of herbicides or pesticides).

(3) Activities within the northern Idaho ground squirrel

hibernating period (mid July through early April), and near burrow

areas that include controlled burns, mowing, road, pipeline or utility

construction, herbicide application or other activities that would

alter the burrow systems and food sources of the northern Idaho ground

squirrel.

Questions regarding whether specific activities will constitute a

violation of section 9 or to obtain guidance for activities within

northern Idaho ground squirrel habitat should be directed to the U.S.

Fish and Wildlife Service, Snake River Basin Office, Boise, Idaho (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 N.E. 11th Avenue, Portland, Oregon 97232-4181 (telephone

503/231-6241; FAX 503/231-6243).

Public Comments Solicited

The Service intends that any final action resulting from this

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

comments or suggestions from the public, other concerned governmental

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

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

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

any threat (or lack thereof) to this subspecies;

effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

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

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

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

any threat (or lack thereof) to this subspecies;

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

and the reasons why any habitat should or should not be determined to

be critical habitat as provided by section 4 of the Act;

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

population size of this subspecies;

(4) Biological or physical elements that best describe this

subspecies' habitat, that could be considered critical for the

conservation of the subspecies (e.g., colonies, hibernation,

vegetation, food, topography);

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

possible impacts on this subspecies;

(6) Possible alternative recreational and logging practices, or

road right-of-way development and maintenance activities that will

reduce or eliminate the take of northern Idaho ground squirrel or their

habitats; and

(7) Other management strategies that will conserve the subspecies

throughout its range.

Final promulgation of the regulations on this subspecies will take

into consideration the comments and any additional information received

by the Service, and such communications may lead to a final regulation

that differs from this proposal.

The Act provides for one or more public hearings on this proposal,

if requested. Requests must be received within 45 days of the date of

publication of the proposal in the Federal Register. The Service has

scheduled a public hearing in Council, Idaho (see DATES section).

National Environmental Policy Act

and such communications may lead to a final regulation

that differs from this proposal.

The Act provides for one or more public hearings on this proposal,

if requested. Requests must be received within 45 days of the date of

publication of the proposal in the Federal Register. The Service has

scheduled a public hearing in Council, Idaho (see DATES section).

National Environmental Policy Act

The Service has determined that an Environmental Assessment, 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, 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 collection of information that requires

approval by the Office of Management and Budget under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

References Cited

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

is available upon request from the Snake River Basin Office (see

ADDRESSES above).

Author: The primary author of this proposed rule is Richard Howard,

U.S. Fish and Wildlife Service, Snake River Basin Office (see

ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

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

as set forth below:

PART 17--[AMENDED]

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

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

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

egulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

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

as set forth below:

PART 17--[AMENDED]

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

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

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

2. Amend section 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 Status When listed habitat rules

Common name Scientific name or

threatened

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

Mammals

* * * * * * *

Squirrel, northern Idaho ground.... Spermophilus brunneus U.S.A. (ID).......... NA ................ T NA NA

brunneus.

* * * * * * *

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

Dated: March 6, 1998.

Jamie Rappaport Clark,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 98-7480 Filed 3-20-98; 8:45 am]

BILLING CODE 4310-55-P