Frequently Asked Questions of Landowners and Developers Regarding the Preble’s Meadow Jumping Mouse

What laws protect the Preble’s mouse?

The Preble’s meadow jumping mouse has been federally-listed as a threatened species since 1998 and is protected under the Endangered Species Act (ESA). It is a violation of the ESA to "take" a Preble’s without an appropriate permit. "Take" is defined by the Endangered Species Act as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct." "Harm" is further defined by the U.S. Fish and Wildlife Service (FWS) to include significant habitat modification or degradation that results in death or injury to listed species. "Harass" is defined by FWS as actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering. The FWS recommends that sites in or near stream channels, riparian habitats, floodplains, wetlands including wet meadows, vegetated ditches, or moist hayfields be considered potential Preble’s habitat.

Where is Preble’s found? How do I know if it is on my property?

Preble’s is likely to be found in suitable habitat in the following Colorado counties: Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Elbert, Jefferson, Larimer, Morgan, and Weld, from 7,600 feet on the western boundary to a north/south line through Ft. Morgan on the eastern boundary. In Wyoming, Preble’s is likely to occur in Albany, Converse, Goshen, Laramie and Platte Counties east of the Laramie Mountains and south of the North Platte River (northwest to approximately Douglas).

Ideal habitat of Preble’s consists of well-developed riparian (streamside) vegetation with a variety of grasses, forbs, and thick shrubs, and a water source in close proximity. Where a population is present in a drainage, they may also use adjacent upland habitats. The FWS recommends that sites in or near stream channels, riparian habitats, floodplains, wetlands including wet meadows, vegetated ditches, or wet hayfields be considered potential Preble’s habitat. Preble’s move outward from these wetlands and riparian habitats to use adjacent upland habitats. Projects in vegetated areas within 300 feet of 100-year floodplains associated with rivers and creeks (and projects that may have secondary impact to these areas) should be assessed for their potential impacts to Preble’s and its habitat.

Does the FWS recommend surveys even in cities?

The FWS has established two "block clearance" areas. One includes much of the City of Denver and closely adjacent suburbs, and the other includes Monument Creek though Colorado Springs (see Block Clearance Areas: Denver, Colorado Springs ). Within these areas, FWS believes that Preble’s is unlikely to occur and does not require surveys to assess potential Preble’s habitat. In the future, block clearance areas may be changed as more information on Preble’s distribution becomes available.

What if I take a Preble’s by accident?

The ESA prohibits take even when it is accidental. However, the Service has established a special rule (under section 4(d) of the ESA) to temporarily (until May 2004) exempt take associated with certain activities. These exemptions include incidental take associated with continuation of existing agricultural operations, continued use of established water rights, maintenance of landscaped areas, and rodent control in or near man-made structures (see Special Rule on this web site).

What if my plans may impact potential or established Preble’s habitat? What if the county or town has informed me that there is a Preble’s issue at my site?

If direct and secondary impacts to Preble’s habitat, as described above and in our 1999 Survey Guidelines can be avoided (see General Information: 1999 Survey Guidelines for the Preble’s Meadow Jumping Mouse on this web site), land use or development can proceed without likelihood of violating the ESA. Avoidance of impacts to Preble’s and its habitat is the strategy recommended by the FWS. If questions regarding the presence of Preble’s or the extent of its habitat need to be resolved, the FWS recommends that a consultant knowledgeable about Preble’s be contacted to assess the site. A list of individuals holding permits to trap Preble’s can be found on this web site at Consultant and Researcher Permits. Many of those listed are available to conduct habitat assessments, trapping studies, or to provide recommendations regarding options available to the landowner under the ESA. Often, a conclusion may be reached that Preble’s is not present or that development would not cause take. In such cases, a consultant can provide a report to FWS summarizing their findings. The FWS will reply in writing as to whether they agree with the consultant’s conclusions.

If Preble’s or Preble’s habitat is present on my property, does that mean I can’t use or develop it?

Not necessarily, you may be able to avoid impacts to areas used by Preble’s. In addition, there are provisions in the ESA that allow a property owner or developer to "take" Preble’s under certain circumstances. These provisions occur under section 7 of the ESA (on Federal land, where a Federal permit is needed, or where Federal funding occurs) or under sections 9 and 10 (for activities with no Federal nexus). Consultations under section 7 of the ESA are conducted between the Service and a Federal agency. For example, if Preble’s is present along a creek on your property and you need an Army Corps of Engineers permit for work in waters of the U.S., the Service and the Army Corps of Engineers would enter into section 7 consultation under the ESA. The Service would assess the proposed work and its potential to jeopardize Preble’s. Any Corps of Engineers permit issued for the project after such consultation would have provisions to address impacts on Preble’s.

To obtain a take permit for development or other activities under section 10 of the ESA, a project proponent must develop a Habitat Conservation Plan (HCP). An HCP must conform to specific guidelines developed by the Service. The HCP undergoes review by the Service and is available for review and comment by the public. Then a decision is made by the Service whether to allow the proposed take. Obtaining permission to take Preble’s under section 7 or section 10 may be a complex process, and we suggest that you employ a qualified consultant to represent your interests in these matters.

What if I have additional questions?

Contact Peter Plage or Kathleen Linder at the FWS’s Colorado Field Office (303-275-2370), or Mary Jennings at the FWS’s Wyoming Field Office (703-722-2374).