[Federal Register: January 27, 1998 (Volume 63, Number 17)]
[Proposed Rules]               
[Page 3877-3878]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE59

Endangered and Threatened Wildlife and Plants; Proposed Rule to 
List the San Bernardino Kangaroo Rat as Endangered; and Notice of 
Public Hearing

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.


SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to make 
the provisions of the emergency rule listing the San Bernardino 
kangaroo rat (Dipodomys merriami parvus) as an endangered species 
pursuant to the Endangered Species Act of 1973, as amended (Act), 
permanent. The historic range of the San Bernardino kangaroo rat has 
been reduced by approximately 96 percent due to agricultural and urban 
development. Of the remaining occupied habitat, a minimum of 90 percent 
is threatened by habitat loss, degradation, and fragmentation due to 
sand and gravel mining operations, flood control projects, and urban 
development. In addition, all of the remaining populations of San 
Bernardino kangaroo rat are threatened by seasonal flood events due to 
current restriction of the subspecies to these active flood plain 
habitats. Additional data and information on the status of this animal, 
which may assist the Service in making a final decision on this 
proposed action, is solicited.

DATES: Comments from all interested parties must be received by March 
30, 1998. A public hearing has been scheduled for Tuesday, March 3, 
1998, from 2-4 P.M. and 6-8 P.M.

ADDRESSES: Comments and materials concerning this proposal should be 
submitted to the Field Supervisor, U.S. Fish and Wildlife Service, 
Carlsbad Field Office, 2730 Loker Avenue West, Carlsbad, California 
92008. Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address. The public hearing will be held at the San Bernardino Hilton, 
285 E. Hospitality Lane, San Bernardino, California.

FOR FURTHER INFORMATION CONTACT: Field Supervisor, Carlsbad Field 
Office, at the address listed above (telephone 760/431-9440).



    For a thorough discussion of biological information, previous 
Federal action, a summary of the factors affecting the species, the 
reasons why critical habitat is not being proposed, and conservation 
measures available to listed and proposed species, consult the 
emergency rule on the San Bernardino kangaroo rat published in this 
same Federal Register, separate part.

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.

[[Page 3878]]

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;
    (3) Additional information concerning the range, distribution, and 
population size of this subspecies; and
    (4) Current or planned activities in the subject area and their 
possible impacts on this subspecies.
    Any final decision on this proposal 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 Endangered Species Act provides for a public hearing on this 
proposal, if requested. In anticipation of public interest, the Service 
has scheduled a public hearing on Tuesday, March 3, 1998, at the San 
Bernardino Hilton. Parties wishing to make statements for the record 
should bring a copy of their statement to the hearing. Oral statements 
may be limited in length if the number of parties present at the 
hearing necessitates such a limitation. There are no limits to the 
lengths of written comments or materials presented at the hearing or 
mailed to the Service. Written comments carry the same weight as oral 
comments. The comment period closes on March 30, 1998. Written comments 
should be submitted to the Service Office listed in the ADDRESSES 

National Environmental Policy Act

    The Fish and Wildlife Service has determined that an Environmental 
Assessment or Environmental Impact Statement, as defined under the 
authority of the National Environmental Policy Act of 1969, need not be 
prepared in connection with regulations adopted pursuant to section 
(4)(a) of the Endangered Species Act of 1973, as amended. A notice 
outlining the Service's reasons for this determination was published in 
the Federal Register on October 25, 1983 (48 FR 49244).


    The primary author of this proposed rule is Arthur Davenport of the 
Carlsbad Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

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:


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

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Amend Sec. 17.11(h) by adding the following, in alphabetical 
order under Mammals, to the List of Endangered and Threatened Wildlife 
to read as follows:

Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

                        Species                                                    Vertebrate                                                           
--------------------------------------------------------                        population where                                  Critical     Special  
                                                            Historic range       endangered or         Status      When listed    habitat       rules   
           Common name                Scientific name                              threatened                                                           
                   *                  *                  *                  *                  *                  *                  *                  
Kangaroo rat, San Bernardino.....  Dipodomys merriami    U.S.A. (CA)........  Entire.............  E                  631,____           NA           NA
                   *                  *                  *                  *                  *                  *                  *                  

    Dated: January 20, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-2010 Filed 1-26-98; 8:45 am]