FAQ: Listing and Critical Habitat Proposals for the Texas Kangaroo Rat

Questions & Answers

FAQ: Listing and Critical Habitat Proposals for the Texas Kangaroo Rat

Frequently Asked Questions on the proposal to list the Texas kangaroo rat, a small nocturnal rodent in north-central Texas, as an endangered species under the Endangered Species Act (ESA).

Q: What is the Texas kangaroo rat?

A: The Texas kangaroo rat is a small nocturnal rodent that is historically known to be found in 11 counties in Texas and two counties in Oklahoma. With a long tail and long hind feet, the species is known for its saltatorial (jumping) motion and ability to escape predators. It digs subterranean burrows in clay and loam soils with multiple chambers branching from the main tunnel, which are used for shelter, reproduction and food storage.

Q: Where is the Texas kangaroo rat found?

A: The Texas kangaroo rat is now found in the grassland and rangeland habitats of the Southwestern Tablelands and Central Great Plains within north Texas where its range occurs across five counties (Wichita, Wilbarger, Hardeman, Childress and Cottle).

Q: What are the threats to the Texas kangaroo rat?

A: Primary threats to the Texas kangaroo rat are habitat loss and degradation, largely related to historical land use change. Historically, ecosystem function within the Great Plains was influenced by the presence of American bison, black-tailed prairie dogs and periodic wildfire, all of which have been greatly reduced over the Texas kangaroo rat’s range. This has led to changes in vegetation structure structure
Something temporarily or permanently constructed, built, or placed; and constructed of natural or manufactured parts including, but not limited to, a building, shed, cabin, porch, bridge, walkway, stair steps, sign, landing, platform, dock, rack, fence, telecommunication device, antennae, fish cleaning table, satellite dish/mount, or well head.

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and a general loss of native grasslands favored by the Texas kangaroo rat. The conversion of native grasslands and rangelands to croplands has reduced and fragmented the species’ remaining habitat.

Q: What action is the U.S. Fish and Wildlife Service taking?

A: Based on a review of the best available information, the Service is proposing to list the Texas kangaroo rat as endangered under the Endangered Species Act (ESA), with a simultaneous critical habitat proposal. A 60-day public comment period will begin upon publication of the proposal in the Federal Register.

The proposals will publish in the Federal Register on Aug. 17, 2023 and public comments will be accepted until Oct. 16, 2023. We encourage the public, academia, federal and state agencies, industry and other stakeholders to review the proposals and provide comments. A final decision to list or withdraw the proposal is typically made within a year after proposal.

Q: Why is the Service proposing to list the Texas kangaroo rat as endangered?

A: The Texas kangaroo rat is a granivore (animal that primarily feeds on seeds) preferring short grasses and bare ground. Historically, the species benefitted from the natural disturbance caused in part by bison, prairie dogs and wildfire. The decline of those two species from the landscape starting in the 1800s, coupled with fire suppression, likely caused the initial loss of suitable habitat for the Texas kangaroo rat, which has continued with conversion of more land to row crops, development and roads, and the encroachment of woody vegetation. The range of the species has been reduced from an estimated 28,500 km2 (11,000 mi2) to 5,600 km2 (2,200 mi2) and it has been extirpated from Oklahoma.

Of the four population units analyzed, one unit is in moderate condition and is expected to remain in moderate condition into the future. Three units are currently in low condition and will be at risk of extirpation in the future. Evidence suggests that climate change climate change
Climate change includes both global warming driven by human-induced emissions of greenhouse gases and the resulting large-scale shifts in weather patterns. Though there have been previous periods of climatic change, since the mid-20th century humans have had an unprecedented impact on Earth's climate system and caused change on a global scale.

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and fire suppression will result in a shrubland-dominated landscape, thus further decreasing the amount of available habitat for the species.

The resilient nature of the Texas kangaroo rat has allowed it to persist despite being in low numbers throughout much of the range for decades. However, though our understanding of the species’ dynamics may improve, the habitat is not likely to improve without intervention. The spread of woody encroachment exacerbated by climate change is expected to increase in severity causing further reduction of the species’ range and a loss of resiliency, redundancy and representation.

Q: How would the Texas kangaroo rat benefit from an ESA listing?

A: Protection under the ESA generates greater public awareness about threats to species and inspires conservation on their behalf by federal, state, Tribal and local agencies, as well as private organizations and individuals. The ESA encourages cooperation with the states and other partners to conserve listed species.

The ESA also requires the Service to develop and implement recovery plans for the conservation of threatened and endangered species. Recovery plans outline actions that are needed to improve the species’ status such that it no longer requires protection under the ESA. The Service develops and implements these plans in partnership with species experts; other federal, state and local agencies; Tribes; nongovernmental organizations; academia, and other stakeholders. Recovery plans also establish a framework for recovery partners to coordinate their recovery efforts and provide estimates of the cost of implementing recovery tasks. Examples of typical recovery actions include habitat protection, habitat restoration (e.g., restoration of stream flow and floodplain access), research, captive propagation, reintroduction, and outreach and education.

Under the ESA, federal agencies must ensure that actions they approve, fund or carry out do not jeopardize the continued existence of a listed species or destroy its critical habitat. In addition, threatened animal species can be given specific protections that often include prohibitions of killing, hunting, collecting, harassing and harming the species, as well as the purchasing or selling of the species in interstate or foreign commerce without a federal permit.

Q: What is critical habitat?

A: The ESA defines critical habitat as the geographic areas occupied at the time a species is listed that contain the physical or biological features essential to the species’ conservation. Critical habitat may also include areas outside the geographic area the occupied by the species when listed that are essential for conserving the species. The ESA defines “conservation” as the actions leading to a species’ eventual recovery so that it no longer requires ESA protections.

Designating critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve or other conservation area conservation area
A conservation area or wildlife management area is a type of national wildlife refuge that consists primarily or entirely of conservation easements on private lands. These conservation easements support private landowner efforts to protect important habitat for fish and wildlife. There are 13 conservation areas and nine wildlife management areas in the National Wildlife Refuge System.

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. A critical habitat designation identifies areas that are important to conserving federally listed threatened or endangered species. A critical habitat designation requires federal agencies to consult with the Service on any of their actions that may affect designated critical habitat. The Service can then recommend ways to minimize any adverse effects. It imposes no requirements on state or private actions on state or private lands where no federal funding, permits or approvals are required.

Q: What is the purpose of designating critical habitat?

A: Critical habitat provides protection against “destruction or adverse modification” from actions carried out, funded or authorized by a federal agency through required consultation with the Service under section 7 of the ESA. Under such consultations, the Service reviews federal actions for how they affect the “physical or biological features essential to conserving a listed species,” and that habitat’s ability to support the species throughout its life cycle and to meet the species’ recovery needs.

A critical habitat designation has no effect when a federal agency is not involved. For example, a private landowner undertaking a project that involves no federal funding or permit has no additional responsibilities regarding critical habitat if his or her property falls within critical habitat boundaries.

In addition to the consultation process, critical habitat designation also focuses conservation activities on the most essential features and areas for the species and provides educational benefits of conservation activities to state and county governments, private entities and the general public.

Q: How did the Service determine which areas to propose as critical habitat?

A: All areas proposed as critical habitat for the Texas kangaroo rat contain one or more of the features essential to the conservation of the species. When determining critical habitat, biologists considered physical and biological habitat features needed to support the life history functions of the species.

Q: Do listed species with designated critical habitat receive more protection than listed species without it?

A: A critical habitat designation does not set up a preserve or refuge. A designation only affects activities with federal involvement, such as federal funding or a federal permit. Listed species and their habitats are protected by the ESA whether or not they are in areas designated as critical habitat.

Designation of critical habitat can help focus conservation activities for a listed species by identifying areas that contain the physical and biological features that are essential for the conservation of that species. Critical habitat also alerts the public as well as land management agencies to the importance of these areas.

Q: Do federal agencies have to consult with the Service outside critical habitat areas?

A: Even when there is no critical habitat designation, federal agencies must consult with the Service if an action that they fund, authorize or permit may affect federally listed species.

Q: How can the public submit information on the proposal?

A: Written comments and information concerning the proposed listing and critical habitat rules will be accepted until Oct. 16, 2023 and may be submitted by one of the following methods:

(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R2-ES-2021-0143, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, check the Proposed Rules box to locate this document. You may submit a comment by clicking on “Comment Now!”

(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS-R2-ES-2021-0143, U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041–3803.

The Service will post all comments on http://www.regulations.gov. This generally means the agency will post any personal information provided through the process. The Service is not able to accept email or faxes.