[Federal Register: July 17, 2002 (Volume 67, Number 137)]
[Proposed Rules]
[Page 47153-47210]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy02-49]
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Part III
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Designation of Critical
Habitat for the Preble's Meadow Jumping Mouse (Zapus hudsonius
preblei); Proposed Rule
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AI46
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Preble's Meadow Jumping Mouse (Zapus hudsonius
preblei)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to
designate critical habitat for the Preble's meadow jumping mouse (Zapus
hudsonius preblei) pursuant to the Endangered Species Act of 1973, as
amended (Act). The proposed designation includes 19 habitat units
totaling approximately 23,248 hectares (ha) (57,446 acres (ac)) found
along 1,058.1 kilometers (km) (657.5 miles (mi)) of rivers and streams
in the States of Colorado and Wyoming.
Critical habitat identifies specific areas, both occupied and
unoccupied, that are essential to the conservation of a listed species
and that may require special management considerations or protection.
If this proposed rule is made final, section 7 of the Act will prohibit
destruction or adverse modification of critical habitat by any activity
funded, authorized, or carried out by any Federal agency; and Federal
agencies proposing actions affecting areas designated as critical
habitat must consult with us on the effects of their proposed actions,
pursuant to section 7(a)(2) of the Act.
Section 4 of the Act requires that we consider economic and other
relevant impacts prior to making a final decision on what areas to
designate as critical habitat. We solicit data and comments from the
public on all aspects of this proposal, including data on the economic
and other impacts of the designation. We may revise this proposal to
incorporate or address new information received during the comment
period.
DATES: We will consider all comments on the proposed rule received from
interested parties by September 16, 2002. Public hearing requests must
be received by September 3, 2002.
ADDRESSES: You may submit written comments and information to Preble's
Mouse Comments, Colorado Ecological Services Field Office, U.S. Fish
and Wildlife Service, 755 Parfet Street, Suite 361, Lakewood, CO 80215
or by facsimile to 303-275-2371. You may hand-deliver written comments
to our Colorado Ecological Services Field Office at the address given
above. You may send comments by electronic mail (e-mail) to <fw6--
pmjm@fws.gov. See the ``Public Comments Solicited'' section
below for file format and other information on electronic filing. You
may view comments and materials received, as well as supporting
documentation used in the preparation of this proposed rule, by
appointment, during normal business hours, at the Colorado Ecological
Services Field Office.
FOR FURTHER INFORMATION CONTACT: LeRoy Carlson, Field Supervisor,
Colorado Ecological Services Field Office, (see ADDRESSES section),
(telephone 303-275-2370; facsimile 303-275-2371).
SUPPLEMENTARY INFORMATION:
Background
Much of what is now known about the Preble's meadow jumping mouse
(Preble's) is a result of information gained from the early 1990s to
the present. Following the Preble's listing as a threatened species in
1998, knowledge about its distribution, habitat requirements,
abundance, and population dynamics has grown substantially. However,
much of the biology and ecology of the Preble's is still not well
understood. Where gaps in knowledge exist, scientists have relied on
information from closely related subspecies of the meadow jumping mouse
(Zapus hudsonius), whose biology and ecology appear similar to the
Preble's. Information presented below that is specific to the Preble's
is described as being relevant to this subspecies, the Preble's, but
when information pertains to what is known about other subspecies of
meadow jumping mouse, it will be described as relevant to the species,
the meadow jumping mouse. Portions of the following have been adapted
from the general biology section of the Preble's Meadow Jumping Mouse
Recovery Team's February 27, 2002, Draft Discussion Document on a
recovery plan for the Preble's.
Taxonomy and Description
The Preble's is a member of the family Dipodidae (jumping mice)
with four living genera, two of which, Zapus and Napaeozapus, are found
in North America (Hall 1981). The three living species within the genus
Zapus are Z. hudsonius (the meadow jumping mouse), Z. princeps (the
western jumping mouse), and Z. trinotatus (the Pacific jumping mouse).
Edward A. Preble (1899) first documented the meadow jumping mouse
from Colorado. Krutzch (1954) described the Preble's as a separate
subspecies of meadow jumping mouse limited to Colorado and Wyoming. The
Preble's is now recognized as 1 of 12 subspecies of meadow jumping
mouse (Hafner et al. 1981).
The Preble's is a small rodent with an extremely long tail, large
hind feet, and long hind legs. The tail is bicolored, lightly-furred,
and typically twice as long as the body. The large hind feet can be
one-third again as large as those of other mice of similar size. The
Preble's has a distinct, dark, broad stripe on its back that runs from
head to tail and is bordered on either side by gray to orange-brown
fur. The hair on the back of all jumping mice appears coarse compared
to other mice. The underside hair is white and much finer in texture.
Total length of adult Preble's mice is approximately 180 to 250
millimeters (mm) (7 to 10 inches (in)), and tail length is 108 to 155
mm (4 to 6 in) (Krutzsch 1954, Fitzgerald et al. 1994).
The average weight of 120 adult Preble's mice captured early in
their active season (prior to June 18) was 18 grams (g) (0.6 ounce
(oz)); included were10 pregnant females weighing more than 22 g (0.8
oz) (Meaney et al., in prep.). Upon emergence from hibernation, adult
Preble's mice can weigh as little as 14 g (0.5 oz). Through late August
and into mid-September, Preble's adults ready for hibernation weighed
25 to 34 g (0.9 to 1.2 oz) (Meaney et al., in prep.), comparable to
pre-hibernation weights for the meadow jumping mouse cited by
Muchlinski (1988).
While the western jumping mouse is a distinctly separate species
from the Preble's, it is similar in appearance and can easily be
confused with Preble's. The range of the western jumping mouse in
Wyoming and Colorado is generally west of, and at higher elevations
than, the range of the Preble's. However, they appear to coexist over
portions of their range in southeastern Wyoming and Colorado (Long
1965, Clark and Stromberg 1987, Schorr 1999, Meaney et al. 2001).
Compared to the western jumping mouse, the Preble's is generally
smaller, has a more distinctly bicolored tail, and a less obvious
dorsal (back) stripe. Krutzsch (1954) described skull characteristics
useful for differentiating the two species. Previously, studies found
that the meadow jumping mouse could be distinguished from the western
jumping mouse by a fold in the first
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lower molar (Klingener 1963, Hafner 1993). However, this molar
characteristic is not always reliable due to tooth wear as animals age;
specimens showing the tooth fold are presumed to be Preble's, while
specimens lacking the fold may be either species (Klingener 1963;
Conner and Shenk, in prep.). A recent reevaluation of Preble's and
western jumping mouse morphology showed that, by using a combination of
six skull measurements and this molar characteristic, the Preble's
could be distinguished from the western jumping mouse (Conner and
Shenk, in prep.).
A genetic study that analyzed tissue samples of meadow jumping mice
and western jumping mice from throughout North America concluded that
the Preble's is distinct from other subspecies of the meadow jumping
mouse and from the western jumping mouse (Riggs et al. 1997, Hafner
1997). While results from the genetic study supported the taxonomic
status of Preble's, analysis of samples from jumping mice in a few
Wyoming and Colorado locations produced unexpected results. In these
cases, samples of assumed Preble's mice at lower elevations were later
determined to be the western jumping mouse and samples of assumed
western jumping mice at higher elevations were later determined to be
the Preble's. Hafner (1997) suggested that limited hybridization could
have affected the results of the study and Beauvais (2001) stated that
zones of co-occurrence of the Preble's and the western jumping mouse in
Wyoming provide the opportunity for hybridization. However, Krutzsch
(1954) cited significant range overlap between the meadow jumping mouse
and the western jumping mouse in North America and indicated that there
was no evidence of interbreeding. While the question of possible
hybridization between the Preble's and the western jumping mouse has
yet to be fully explored, information currently available suggests that
any hybridization between the two species is limited in scope.
Geographic Range
The Preble's is found along the foothills in southeastern Wyoming,
southward along the eastern edge of the Front Range of Colorado to
Colorado Springs, El Paso County (Hall 1981, Clark and Stromberg 1987,
Fitzgerald et al. 1994). Knowledge about the current distribution of
the Preble's comes from collected specimens, and live-trapping
locations from both range-wide survey efforts and numerous site-
specific survey efforts conducted in Wyoming and Colorado since the
mid-1990s. Recently collected specimens are housed at the Denver Museum
of Nature and Science and survey reports are filed with the Service's
Field Offices in Colorado and Wyoming.
In Wyoming, capture locations of mice confirmed as the Preble's,
and locations of mice identified in the field as Preble's and released,
extend in a band from the town of Douglas southward along the Laramie
Range to the Colorado border, with captures east to eastern Platte
County and Cheyenne, Laramie County. In Colorado, the distribution of
the Preble's forms a band along the Front Range from Wyoming southward
to Colorado Springs, El Paso County, with eastern marginal captures in
western Weld County, western Elbert County, and north-central El Paso
County.
The Preble's is likely an Ice Age relict (Hafner et al. 1981,
Fitzgerald et al. 1994). Once the glaciers receded from the Front Range
of Colorado and the foothills of Wyoming and the climate became drier,
the Preble's was confined to the riparian (river) systems where
moisture was more plentiful. The semi-arid climate in southeastern
Wyoming and eastern Colorado limits the extent of riparian corridors
and restricts the range of the Preble's in this region. The Preble's
has not been found east of Cheyenne in Wyoming or on the extreme
eastern plains in Colorado. The eastern boundary for the subspecies is
likely defined by the dry shortgrass prairie, which may present a
barrier to eastward expansion (Beauvais 2001).
The western boundary of Preble's range in both States appears
related to elevation along the Laramie Range and Front Range. The
Service has used 2,300 meters (m) (7,600 feet (ft)) in elevation as the
general upward limit of Preble's habitat in Colorado (Service 1998).
Recent morphological examination of specimens has confirmed the
Preble's to an elevation of approximately 2,300 m (7,600 ft) in
Colorado (Meaney et al. 2001) and to 2,360 m (7,750 ft) in southeastern
Wyoming (Cheri Jones, Denver Museum of Natural Science, in litt.,
2001). In a modeling study of habitat associations in Wyoming, Keinath
(2001) found suitable habitat predicted in the Laramie Basin and Snowy
Range Mountains (west of known Preble's occurrence) but very little
suitable habitat predicted on the plains of Goshen, Niobrara, and
eastern Laramie Counties (east of known Preble's occurrence).
Although there is little information on past distribution or
abundance of the Preble's, surveys have identified various locations
where the subspecies was historically present but is now absent (Ryon
1996). Since at least 1991, the Preble's has not been found in Denver,
Adams, or Arapahoe Counties in Colorado. Its absence in these counties
is likely due to urban development, which has altered, reduced, or
eliminated riparian habitat (Compton and Hugie 1993, Ryon 1996).
Ecology and Life History
Typical habitat for the Preble's comprises well-developed plains
riparian vegetation with adjacent, undisturbed grassland communities
and a nearby water source. Well-developed plains riparian vegetation
typically includes a dense combination of grasses, forbs, and shrubs; a
taller shrub and tree canopy may be present (Bakeman 1997). When
present, the shrub canopy is often Salix spp. (willow), although shrub
species including Symphoricarpus spp. (snowberry), Prunus virginiana
(chokecherry), Crataegus spp. (hawthorn), Quercus gambelli (Gambel's
oak), Alnus incana (alder), Betula fontinalis (river birch), Rhus
trilobata (skunkbrush), Prunus americana (wild plum), Amorpha fruticosa
(lead plant), Cornus sericea (dogwood), and others also may occur
(Bakeman 1997, Shenk and Eussen 1998).
Preble's have rarely been trapped in uplands adjacent to riparian
areas (Dharman 2001). However, in detailed studies of Preble's movement
patterns using radio telemetry, Preble's has been found feeding and
resting in adjacent uplands (Shenk and Sivert 1999b, Ryon 1999, Schorr
2001). These studies reveal that the Preble's regularly uses uplands at
least as far out as 100 m (330 ft) beyond the 100-year floodplain (Ryon
1999; Tanya Shenk, Colorado Division of Wildlife, in litt., 2002).
Preble's also can move considerable distances along streams, as far as
1.6 km (1.0 mi) in one evening (Ryon 1999, Shenk and Sivert 1999a).
In a study comparing habitats at Preble's capture locations on the
Department of Energy's Rocky Flats Environmental Technology Site (Rocky
Flats), Jefferson County, CO, and the U.S. Air Force Academy (Academy),
El Paso County, CO, the Academy sites had lower plant species richness
at capture locations but considerably greater numbers of the Preble's
(Schorr 2001). However, the Academy sites had higher densities of both
grasses and shrubs. It is likely that Preble's abundance is not driven
by the diversity of plant species, but by the density of riparian
vegetation.
The tolerance of the Preble's for exotic plant species is not well
understood. Whether or not exotic plant species reduce Preble's
persistence at a site may be due in large part to whether plants
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create a monoculture and replace native species. There is particular
concern about nonnative species such as Euphorbia esula (leafy spurge)
that may form a monoculture, displacing native vegetation and thus
reducing available habitat.
Fifteen apparent Preble's hibernacula (hibernation nests) have been
located through radio telemetry, all within 78 m (260 ft) of a
perennial stream bed or intermittent tributary (Bakeman and Deans 1997,
Shenk and Sivert 1999a, Schorr 2001). Of these, one was confirmed
through excavation (Bakeman and Deans 1997); others were left intact to
prevent harm to the mice. Hibernacula have been located under willow,
chokecherry, snowberry, skunkbrush, Rhus spp. (sumac), Clematis spp.
(clematis), Populus spp. (cottonwoods), Gambel's oak, Cirsium spp.
(thistle), and Alyssum spp. (alyssum) (Shenk and Sivert 1999a). At the
Academy, four of six hibernacula found by radio-telemetry were located
in close proximity to coyote willow (Salix exigua) (Schorr 2001). The
one excavated hibernaculum, at Rocky Flats, was found 9 m (30 ft) above
the stream bed, in a dense patch of chokecherry and snowberry (Bakeman
and Deans 1997). The nest was constructed of leaf litter 30 centimeters
(cm) (12 in) below the surface in coarse textured soil.
The Preble's constructs day nests composed of grasses, forbs,
sedges, rushes, and other available plant material. They may be
globular in shape or simply raised mats of litter, and are most
commonly above ground but also can be below ground. They are typically
found under debris at the base of shrubs and trees, or in open
grasslands (Ryon 2001). An individual mouse can have multiple day nests
in both riparian and grassland communities (Shenk and Sivert 1999a),
and may abandon a nest after approximately a week of use (Ryon 2001).
Hydrologic regimes that support Preble's habitat range from large
perennial rivers such as the South Platte River to small temporary
drainages only 1 to 3 m (3 to 10 ft) in width, as at Rocky Flats and in
montane habitats. Flooding is a common and natural event in the
riparian systems along the Front Range of Colorado. This periodic
flooding helps create a dense vegetative community by stimulating
resprouting from willow shrubs and allows herbs and grasses to take
advantage of newly-deposited soil.
Fire is also a natural component of the Colorado Front Range and
Wyoming foothills, and Preble's habitat naturally waxes and wanes with
fire events. Within shrubland and forest, intensive fire may result in
adverse impacts to Preble's populations. However, in a review of the
effects of grassland fires on small mammals, Kaufman et al. (1990)
found a positive effect of fire on the meadow jumping mouse in one
study and no effect of fire on the species in another study.
Meadow jumping mice usually have two litters per year, but there
are records of three litters per year. An average of five young are
born per litter, but the size of a litter can range from two to eight
young (Quimby 1951, Whitaker 1963).
The Preble's is long-lived for a small mammal, in comparison with
many species of mice and voles that seldom live a full year. Along
South Boulder Creek, Boulder County, CO, seven individuals originally
captured as adults were still alive 2 years later, having attained at
least 3 years of age (Meaney et al., in prep.). However, like many
small mammals, the Preble's annual survival rate is low. Preble's
survival rates appear to be lower over the summer than over the winter.
Over-summer survival rates ranged from 22 to 78 percent and over-winter
survival rates ranged from 56 to 97 percent (Shenk and Sivert 1999b;
Ensight Technical Services 2000, 2001; Schorr 2001; Meaney et al., in
prep.).
The Preble's has a host of known predators including garter snakes
(Thamnophis spp.), prairie rattlesnakes (Crotalus viridus), bullfrogs
(Rana catesbiana), foxes (Vulpes vulpes and Urocyon cinereoargenteus),
house cats (Felis catus), long-tailed weasels (Mustela frenata), and
red-tailed hawks (Buteo jamaicensis) (Shenk and Sivert 1999a, Schorr
2001). Other potential predators include coyotes (Canis latrans), barn
owls (Tyto alba), great horned owls (Bubo virginianus), screech owls
(Otus spp.), long-eared owls (Asio otus), northern harriers (Circus
cyaneus), and large predatory fish.
Other mortality factors of the Preble's include drowning and
vehicle collision (Schorr 2001, Shenk and Sivert 1999a). Mortality
factors known for the meadow jumping mouse, such as starvation,
exposure, disease, and insufficient fat stores for hibernation
(Whitaker 1963) also are likely causes of death for the Preble's.
White and Shenk (2000) determined that riparian shrub cover, tree
cover, and the amount of open water nearby are good predictors of
Preble's densities, and summarized abundance estimates from nine sites
in Colorado for field work conducted during 1998 and 1999. Estimates of
abundance ranged from 4 to 67 mice per km (6 to 110 mice per mi) of
stream and averaged 33 mice per km (53 mice per mi) of stream.
While fecal analyses have provided the best data on the Preble's
diet to date, they overestimate the components of the diet that are
less digestible. Based on fecal analyses the Preble's eats insects;
fungus; moss; pollen; willow; Chenopodium sp. (lamb's quarters);
Salsola sp. (Russian thistle); Helianthus spp. (sunflowers); Carex spp.
(sedge); Verbascum sp. (mullein); Bromus, Festuca, Poa, Sporobolus and
Agropyron spp. (grasses); Lesquerella sp. (bladderpod); Equisetum sp.
(rushes); and assorted seeds (Shenk and Eussen 1998, Shenk and Sivert
1999a). The diet shifts seasonally; it consists primarily of insects
and fungus after emerging from hibernation, shifts to fungus, moss, and
pollen during mid-summer (July-August), with insects again added in
September (Shenk and Sivert 1999a). The shift in diet along with shifts
in mouse movements suggests that the Preble's may require specific
seasonal diets, perhaps related to the physiological constraints
imposed by hibernation (Shenk and Sivert 1999a).
The Preble's is a true hibernator, usually entering hibernation in
September or October and emerging the following May, after a potential
hibernation period of 7 or 8 months. Adults are the first age group to
enter hibernation because they accumulate the necessary fat stores
earlier than young of the year. Similar to other subspecies of meadow
jumping mouse, Preble's do not store food, but survive on fat stores
accumulated prior to hibernation (Whitaker 1963). Apparent hibernacula
of the Preble's have been located both within and outside of the 100-
year floodplain of streams (Shenk and Sivert 1999a, Ryon 2001, Schorr
2001). Those hibernating outside of the 100-year floodplain would
likely be less vulnerable to flood-related mortality.
Meadow jumping mice are docile to handle and not antagonistic
toward one another (Whitaker 1972). However, meadow jumping mice
compete with meadow voles and may be kept at low densities by voles
(Boonstra and Hoyle 1986). Introduced species that occupy riparian
habitats may displace or compete with the Preble's. House mice (Mus
musculus) were common in and adjacent to historic capture sites where
the Preble's was no longer found (Ryon 1996).
The Preble's is primarily nocturnal or crepuscular but also may be
active during the day, when they have been seen moving around or
sitting still under a shrub (Shenk 1998). Little is known about social
interactions and their significance in the Preble's. Jones
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and Jones (1985) described lively social interactions in which several
Preble's mice were observed jumping into the air and squeaking and
suggested that they formed a gregarious unit. In a recent study, for
the month their radio-collars were active, several Preble's mice came
repeatedly from different day-nest locations to meet at one spot at
night (Shenk, pers. comm., 2002).
Conservation Issues
The Preble's is closely associated with riparian ecosystems that
are relatively narrow and represent a small percentage of the
landscape. If habitat for the Preble's is destroyed or modified,
populations in those areas will decline or be extirpated. The decline
in the extent and quality of Preble's habitat is considered the main
factor threatening the subspecies (Service 1998, Hafner et al. 1998,
Shenk 1998). Habitat alteration, degradation, loss, and fragmentation
resulting from urban development, flood control, water development,
agriculture, and other human land uses have adversely impacted Preble's
populations. Habitat destruction may impact individual Preble's
directly or by destroying nest sites, food resources, and hibernation
sites, by disrupting behavior, or by forming a barrier to movement.
Despite numerous surveys, the Preble's has not recently been found
in the Denver and Colorado Springs metropolitan areas, and is believed
to be extirpated from these areas as a result of extensive urban
development. Given the overlap of the Preble's range with an area of
extensive and rapid urban development along the Colorado Front Range,
it is likely that significant losses of Preble's populations and
habitats have occurred and may continue to occur.
Conversion of native riparian ecosystems to commercial croplands
and grazed rangelands was identified as the major threat to Preble's
persistence in Wyoming (Clark and Stromberg 1987, Compton and Hugie
1993). Intensive grazing and haying operations may negatively impact
the Preble's by removing food and shelter. While some Preble's
populations coexist with livestock operations, overgrazing can decimate
riparian communities on which the Preble's depends. Similarly, haying
operations that allow significant riparian vegetation to remain in
place may be compatible with persistent Preble's populations.
Trail systems frequently parallel or intersect riparian communities
and thus are common throughout Preble's range. Trail development can
alter natural communities and may impact the Preble's by modifying nest
sites, food resources, and hibernation sites, and by fragmenting its
habitat. Humans and pets using these trails may alter behavior patterns
of the Preble's and cause a decrease in survival and reproductive
success.
Habitat fragmentation limits the extent and abundance of the
Preble's. In general, as animal populations become fragmented and
isolated, it becomes more difficult for them to persist. Small,
isolated patches of habitat are unable to support as many Preble's mice
as larger patches of habitat. When threats to persistence are similar,
larger populations are more secure from extirpation than smaller ones.
The structure and function of riparian ecosystems are determined by
the hydrology of the waterway. Changes in timing and abundance of water
can alter the channel structure, riparian vegetation, and the adjacent
floodplain, and may result in changes that are detrimental to the
persistence of the Preble's. Similarly, depletion of groundwater also
affects the habitat components needed by the Preble's. As groundwater
supplies are depleted, more xeric (low moisture) plant communities
replace the riparian vegetation. The conversion of habitats from mesic
(moderate moisture), shrub-dominated systems to drier grass-dominated
systems may preclude the Preble's from these areas.
Alluvial aggregate extraction may produce long-term changes to
Preble's habitat by altering hydrology and removing riparian
vegetation. In particular, such extraction removes and often precludes
reestablishment of habitat components required by the Preble's. Such
mining impacts the deposits of alluvial sands and gravels that may be
important hibernation locations for the Preble's.
Within the Preble's range, bank stabilization, channelization, and
other measures to address flooding and stormwater runoff have increased
the rate of stream flow, straightened riparian channels, and narrowed
riparian areas (Pague and Grunau 2000). Using riprap and other
structural stabilization options to reduce erosion can destroy riparian
vegetation, and prevent or delay its re-establishment. These measures
can alter the hydrologic processes and plant communities present to the
point where Preble's populations can no longer persist.
Transportation and utility corridors frequently cross Preble's
habitat and may negatively affect populations. As new roads are built
and old roads are maintained, habitat is destroyed or fragmented. Roads
and bridges also may act as barriers to dispersal. Train and truck
accidents within riparian areas may release spills of chemicals, fuels
and other substances that may impact the mouse or its habitat. Sewer,
water, communications, gas, and electric lines cross Preble's habitat.
Their rights-of-way can contribute to habitat disturbance and
fragmentation through new construction and periodic maintenance.
Invasive, noxious plants can encroach upon a landscape and displace
native plant species. This change reduces the abundance and diversity
of native plants, and may negatively impact cover and food sources for
the Preble's. The control of noxious weeds also may impact the Preble's
where large-scale removal of vegetation occurs through chemical
treatments and mechanical mowing operations.
Pesticides and herbicides are used within the range of the
Preble's. Inappropriate use of these chemicals may harm the Preble's
directly or when ingested by the Preble's with food or water. Overall,
an integrated pest management approach (use of biological, chemical,
and mechanical control) may help reduce the threat of chemicals, but
allow for the control of target species.
The increasing presence of humans near Preble's habitats may result
in increased level of predation that may pose a threat to the Preble's.
The striped skunk (Mephitis mephitis), raccoon (Procyon lotor), red fox
(Vulpes vulpes), and the domestic and feral cat are found in greater
densities in and around areas of human activity; all four of these
species feed opportunistically on small mammals. Introduction of non-
native sport fish and the bullfrog into waters within Preble's range
may result in additional predation. The fact that summer mortality is
higher than overwinter mortality underscores the impact that predators
can have on the Preble's.
While normal flooding events help maintain the riparian and
floodplain communities that provide suitable habitat for the Preble's,
increased development and surfaces impervious to water absorption
within a drainage can result in more frequent and severe flood events
and prevent the re-establishment of riparian communities.
Catastrophic fires can alter habitat dramatically and change the
structure and composition of the vegetation communities so that the
Preble's may no longer persist. In addition, precipitation falling in a
burned area may degrade Preble's habitat by causing greater levels of
erosion and sedimentation along creeks. Controlled use of fire may be
one
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method to maintain appropriate riparian, floodplain, and upland
vegetation within Preble's habitat. However, over the past several
decades, as human presence has increased through Preble's range,
significant effort has been made to suppress fires. Long periods of
fire suppression may result in a build-up of fuel and result in a
catastrophic fire.
Previous Federal Action
The Service included the Preble's as a category 2 candidate species
in the 1985 Animal Notice of Review (50 FR 37958) and retained that
status in subsequent notices published in the Federal Register on
January 6, 1989 (54 FR 554), November 21, 1991 (56 FR 58810), and
November 15, 1994 (59 FR 58982). In 1996 the Service discontinued the
practice of maintaining a list of category 2 species and the Preble's
did not appear in the February 28, 1996, notice of review (61 FR 7596).
Category 2 species were those species for which information in the
Service's possession indicated that listing was possibly appropriate,
but for which substantive data on biological vulnerability and threats
were not available to support a proposed rule.
On August 16, 1994, we received a petition from the Biodiversity
Legal Foundation to list the Preble's as endangered or threatened
throughout its range and to designate critical habitat within a
reasonable amount of time following the listing. On March 15,1995, we
published notice of the 90-day finding that the petition presented
substantial information indicating that listing the Preble's may be
warranted (60 FR 13950), and requested comments and biological data on
the status of the Preble's. On March 25, 1997, we issued a proposed
rule to list the Preble's as an endangered species (62 FR 14093) and
announced a 90-day public comment period. After a review of the best
scientific data available and all comments received in response to the
proposed rule, we published a final rule on May 13, 1998, designating
the Preble's as threatened throughout its range (62 FR 26517). The
Service did not designate critical habitat for the species at that
time.
On December 3, 1998, we proposed special regulations under section
4(d) of the Act (63 FR 66777) to define conditions under which certain
activities that could result in incidental take of the Preble's would
be exempt from the section 9 take prohibitions of the Act. On May 22,
2001, we published a final rule (66 FR 28125) adopting certain portions
of the proposal that provided exemptions for specified activities
related to rodent control, ongoing agricultural activities, landscape
maintenance, and ongoing use of perfected water rights, for a period of
36 months (through May 21, 2004). On August 30, 2001, we proposed to
amend the special regulations to provide additional exemptions from
section 9 take prohibitions for certain noxious weed control and ditch
maintenance activities (66 FR 45829).
The final listing rule for the Preble's indicated that designation
of critical habitat was not prudent because publication of specific
locations would increase the threat of vandalism or intentional
destruction of habitat. On June 9, 2000, the Biodiversity Legal
Foundation, Biodiversity Associates, Center for Biological Diversity,
South Dakota Resources Coalition, David C. Jones, and Dennis Williams
filed a suit in the U.S. District Court for the District of Colorado
(Civil Action Number 00-D-1180) against the Department of the Interior
and the Service over our failure to designate critical habitat for both
the Preble's and the Topeka shiner, and for failure to prepare and
implement a recovery plan for the Preble's. A court-mediated settlement
was reached with the litigants that included a June 4, 2002, date for
submission of proposed critical habitat for the Preble's to the Federal
Register for publication and a June 4, 2003, date for submission of
final critical habitat for the Preble's to the Federal Register. They
agreed to dismiss their claim that the Service failed to prepare a
recovery plan for the Preble's and subsequently agreed to extend the
date for submission of the proposed critical habitat for the Preble's
to July 8, 2001. In early 2000, we formed the Preble's Meadow Jumping
Mouse Recovery Team. A recovery plan for the Preble's is currently
being drafted. The team's working draft is available to the public as a
discussion document.
Critical Habitat
Critical habitat is defined in section 3(5)(A) of the Act as (i)
the specific areas within the geographic 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 conserve the
species and (II) that may require special management considerations or
protection; and (ii) specific areas outside the geographic area
occupied by a species at the time it is listed, upon determination that
such areas are essential to conserve the species. ``Conservation''
means the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which listing under
the Act is no longer necessary.
Critical habitat receives protection under section 7 of the Act
through the prohibition against destruction or adverse modification of
critical habitat with regard to actions carried out, funded, or
authorized by a Federal agency. Section 7 also requires conferences
with the Service on Federal actions that are likely to result in the
destruction or adverse modification of proposed critical habitat. In
our regulations at 50 CFR 402.02, we define destruction or adverse
modification as ``a direct or indirect alteration that appreciably
diminishes the value of critical habitat for both the survival and
recovery of a listed species. Such alterations include, but are not
limited to, alterations adversely modifying any of those physical or
biological features that were the basis for determining the habitat to
be critical.'' Aside from the added protection that may be provided
under section 7, the Act does not provide other forms of protection to
lands designated as critical habitat. Because consultation under
section 7 of the Act does not apply to activities on private or other
non-Federal lands that do not involve a Federal nexus, critical habitat
designation would not result in any regulatory requirement for these
actions.
To be included in a critical habitat designation, the habitat must
first be ``essential to the conservation of the species.'' Critical
habitat designations identify, to the extent known using the best
scientific and commercial data available, habitat areas that provide
essential life cycle needs of the species (i.e., areas on which are
found the primary constituent elements, as defined at 50 CFR
424.12(b)).
Section 4 requires that we designate critical habitat at the time
of listing and based on what we know at the time of designation. When
we designate critical habitat at the time of listing or under short
court-ordered deadlines, we will often not have sufficient information
to identify all areas of critical habitat. We are required,
nevertheless, to make a decision and thus must base our designations on
what, at the time of designation, we know to be critical habitat.
In accordance with sections 3(5)(C) of the Act, not all areas that
can be occupied by a species will be designated critical habitat.
Within the geographic area occupied by the species we designate only
areas currently known to be essential. Essential areas should already
have the features and habitat characteristics that are necessary to
conserve the species. We will not
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speculate about what areas might be found to be essential if better
information becomes available, or what areas may become essential over
time. If the information available at the time of designation does not
show that an area provides essential life cycle needs of the species,
then the area should not be included in the critical habitat
designation. We will not designate areas within the geographic area
occupied by the species unless at least one of the primary constituent
elements are present, as defined at 50 CFR 424.12(b), that provide
essential life cycle needs of the species. Moreover, areas occupied by
certain known populations of the Preble's have not been proposed as
critical habitat. For example, we did not propose critical habitat for
some small scattered populations or habitats in areas highly fragmented
by human development.
Our regulations state, ``The Secretary shall designate as critical
habitat areas outside the geographical area presently occupied by a
species only when a designation limited to its present range would be
inadequate to ensure the conservation of the species'' (50 CFR
424.12(e)). Based on the best available science and commercial data,
there appears to be no foundation upon which to make a determination
that the conservation needs of the Preble's require designation of
critical habitat outside of the geographic area occupied by the
species, so we have not proposed to designate critical habitat outside
of the geographic area believed to be occupied.
Our Policy on Information Standards Under the Endangered Species
Act, published in the Federal Register on July 1, 1994 (59 FR 34271),
provides criteria, procedures, and guidance to ensure decisions made by
the Service represent the best scientific and commercial data
available. It requires Service biologists, to the extent consistent
with the Act and with the use of the best scientific and commercial
data available, to use primary and original sources of information as
the basis for recommendations to designate critical habitat. When
determining which areas are critical habitat, a primary source of
information should be the listing package for the species. Additional
information may be obtained from a recovery plan, articles in peer-
reviewed journals, conservation plans developed by States, Tribes, and
counties, scientific status surveys and studies, and biological
assessments or other unpublished materials, and expert opinion or
personal knowledge.
Habitat is often dynamic, and species may move from one area to
another over time. Furthermore, we recognize designation of critical
habitat may not include all habitat eventually determined as necessary
to recover the species. For these reasons, all should understand that
critical habitat designations do not signal that habitat outside the
designation is unimportant or may not be required for recovery. Areas
outside the critical habitat designation will continue to be subject to
conservation actions that may be implemented under section 7(a)(1) of
the Act, and the regulatory protections afforded by the section 7(a)(2)
jeopardy standard and the section 9 take prohibition, as determined on
the basis of the best available information at the time of the action.
Federally funded or assisted projects affecting listed species outside
their designated critical habitat areas may still result in likely-to-
jeopardize findings in some cases. Similarly, critical habitat
designations made on the basis of the best available information at the
time of designation will not control the direction and substance of
future recovery plans, habitat conservation plans, or other species
conservation planning efforts, if new information available to these
planning efforts calls for a different outcome.
Methods
In determining areas essential to conserve the Preble's, we used
the best scientific and commercial data available. We have reviewed
approaches to the conservation of the Preble's undertaken by the
Federal, State, and local agencies operating within the species' range
since its listing in 1998, and the identified steps necessary for
recovery outlined in the working draft of the recovery plan for the
Preble's. We also reviewed available information that pertains to the
habitat requirements of this species, including material received since
the listing of the Preble's. The material included research published
in peer-reviewed articles, academic theses and agency reports; reports
from biologists conducting research under section 10(a)(1)(A) recovery
permits; the working draft of the recovery plan for the Preble's;
information from consulting biologists conducting site assessments,
surveys, formal and informal consultations; as well as information
obtained in personal communications with Federal, State, and other
knowledgeable biologists in Colorado and Wyoming.
Primary Constituent Elements
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12, in determining which areas to propose as critical
habitat we are required to base critical habitat determinations on the
best scientific and commercial data available and to consider physical
and biological features (primary constituent elements) that are
essential to conservation of the species, and that may require special
management considerations and protection. These physical and biological
features include, but are not limited to--(1) space for individual and
population growth, and for normal behavior; (2) food, water, air,
light, minerals, or other nutritional or physiological requirements;
(3) cover or shelter; (4) sites for breeding, reproduction, rearing (or
development) of offspring; and (5) habitats protected from disturbance
or that are representative of the historic geographical and ecological
distributions of a species.
The primary constituent elements for the Preble's include those
habitat components essential for the biological needs of reproducing,
rearing of young, foraging, sheltering, hibernation, dispersal, and
genetic exchange. The Preble's is able to live and reproduce in and
near riparian areas located within grassland, shrubland, forest, and
mixed vegetation types where dense herbaceous or woody vegetation
occurs near the ground level, where available open water exists during
their active season, and where there are ample upland habitats of
sufficient width and quality for foraging, hibernation, and refugia
from catastrophic flooding events. While willows of shrub form are a
dominant component in many riparian habitats occupied by the Preble's,
the structure of the vegetation appears more important to the Preble's
than species composition.
Primary constituent elements associated with the biological needs
of dispersal and genetic exchange also are found in areas that provide
connectivity or linkage between or within Preble's populations. These
areas may not include the habitat components listed above and may have
experienced substantial human alteration or disturbance.
The dynamic ecological processes that create and maintain Preble's
habitat also are important primary constituent elements. Habitat
components essential to the Preble's are found in and near those areas
where past and present geomorphological and hydrological processes have
shaped streams, rivers, and floodplains, and have created conditions
that support appropriate vegetative communities. Preble's habitat is
maintained over time along rivers and streams by a natural flooding
regime (or
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one sufficiently corresponding to a natural regime) that periodically
scours riparian vegetation, reworks stream channels, floodplains, and
benches, and redistributes sediments such that a pattern of appropriate
vegetation is present along river and stream edges, and throughout
their floodplains. Periodic disturbance of riparian areas sets back
succession and promotes dense, low-growing shrubs and lush herbaceous
vegetation favorable to the Preble's. Where flows are controlled to
preclude a natural pattern and other disturbance is limited, a less
favorable mature successional stage of vegetation dominated by
cottonwoods or other trees may develop. The long-term availability of
habitat components favored by the Preble's also depends on plant
succession and impacts of drought, fires, windstorms, herbivory, and
other natural events. In some cases these naturally-occurring
ecological processes are modified or are supplanted by human land uses
that include manipulation of water flow and of vegetation.
Primary constituent elements for the Preble's include:
(1) A pattern of dense riparian vegetation consisting of grasses,
forbs, and shrubs in areas along rivers and streams that provide open
water through the Preble's active season.
(2) Adjacent floodplains and vegetated uplands with limited human
disturbance (including hayed fields, grazed pasture, other agricultural
lands that are not plowed or disced regularly, areas that have been
restored after past aggregate extraction, areas supporting recreational
trails, and urban/wildland interfaces).
(3) Areas that provide connectivity between and within populations.
These may include river and stream reaches with minimal vegetative
cover or that are armored for erosion control, travel ways beneath
bridges, through culverts, along canals and ditches, and other areas
that have experienced substantial human alteration or disturbance.
(4) Dynamic geomorphological and hydrological processes typical of
systems within the range of the Preble's, i.e., those processes that
create and maintain river and stream channels, floodplains, and
floodplain benches, and promote patterns of vegetation favorable to the
Preble's.
Existing features and structures within the boundaries of the
mapped units, such as buildings, roads, parking lots, other paved
areas, lawns, other urban and suburban landscaped areas, regularly
plowed or disced agricultural areas, and other features not containing
any of the primary constituent elements are not considered critical
habitat.
Criteria Used To Identify Critical Habitat
The Preble's Meadow Jumping Mouse Recovery Team's February 27,
2002, Draft Discussion Document on a recovery plan for the Preble's
(Draft Document) identifies specific criteria for reaching recovery and
the delisting of the Preble's. While elements of this Draft Document
may change prior to plan finalization, the concepts described within it
apply the best available science on the Preble's and serve as a logical
starting point for identifying areas that are essential for the
conservation of the Preble's. We anticipate that a draft recovery plan
for the Preble's will be published prior to our final designation of
critical habitat. To assure that designation of critical habitat for
the Preble's and the recovery plan for the Preble's are compatible, the
content of the draft recovery plan and comments received on the plan
will be reviewed and incorporated, as appropriate, into the final
designation of critical habitat.
To recover the Preble's to the point where it can be delisted, the
Draft Document identifies the need for a specified number, size, and
distribution of wild, self-sustaining Preble's populations across the
known range of the Preble's. The distribution of these recovery
populations is intended both to reduce the risk of multiple Preble's
populations being negatively affected by natural or man-made events at
any one time and to preserve the existing genetic variation within the
Preble's.
The Draft Document identifies recovery criteria for each of the
three major river drainages where the Preble's occurs (the North Platte
River drainage in Wyoming, the South Platte River drainage in Wyoming
and Colorado, and the Arkansas River drainage in Colorado) and for each
subdrainage judged likely to support Preble's. In some cases the Draft
Document identifies recovery criteria for subdrainages where trapping
for the Preble's has not yet occurred or where limited trapping has not
confirmed the presence of the Preble's. Boundaries of drainages and
subdrainages have been mapped by the U.S. Geological Survey (USGS). For
the Draft Document, 8-digit Hydrological Unit Code (HUC) boundaries
were selected to define subdrainages. Hereafter, we refer to these
specific subdrainages as ``HUCs.'' A total of 19 HUCs are identified in
the Draft Document as occupied or potentially occupied by the Preble's.
Of these, 5 are located in the North Platte River drainage, 11 in the
South Platte River drainage, and 3 in the Arkansas River drainage.
Three large and three medium Preble's populations in Colorado that
are designated in the Draft Document as recovery populations are
reflected in this critical habitat proposal. The Draft Document defines
large populations as maintaining 2,500 mice and usually including at
least 80 km (50 mi) of rivers and streams. It defines medium
populations as maintaining 500 mice over at least 16 km (10 mi) of
rivers and streams. However, the Draft Document does not delineate
specific boundaries of these six recovery populations. In addition, in
the remaining 13 HUCs within the Preble's range the Draft Document
calls for recovery populations but does not designate their locations.
In these cases, the Draft Document only prescribes the need to
establish one or more recovery populations of specified minimum size
within a HUC. The Draft Document anticipates that, in the future, the
locations of these recovery populations will be designated and their
boundaries delineated by State and local governments, and other
interested parties, working in coordination with the Service. However,
to meet the deadline for this critical habitat proposal, we have
proposed specific critical habitat units in these areas. In addition,
we have proposed specific critical habitat units, as appropriate, in
HUCs where recovery populations are called for by the Draft Document,
but where their locations have not been specifically designated in the
Draft Document.
Beyond proposing critical habitat for sites of likely recovery
populations based on the Draft Document, we reviewed other sites of
Preble's occurrence, especially on Federal lands, for possible
designation as critical habitat. The Draft Document emphasizes the
importance of protecting additional Preble's populations, to provide
insurance for the Preble's in the event that designated recovery
populations cannot be effectively managed or protected as envisioned by
the recovery plan, or are decimated by uncontrollable catastrophic
events such as fires or flooding. The Draft Document also recommends
directing recovery efforts toward public lands rather than private
lands where possible and calls upon all Federal agencies to protect and
manage for the Preble's wherever it occurs on Federal lands. Given
these recommendations from the Draft Plan, the designation of
additional areas of critical habitat on Federal land is essential for
the conservation of the Preble's. Should unforseen events cause
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the continued decline of Preble's populations throughout its range,
Preble's populations and the primary constituent elements on which they
depend are more likely to persist and remain viable on Federal lands
than on non-Federal lands. The likelihood of maintaining stable
populations is greatest on these Federal lands, where consistent and
effective land management strategies can be more easily employed.
Preble's populations on Federal lands could serve as substitute
recovery populations should designated recovery populations decline or
fail to meet recovery goals. In addition, some Preble's populations on
Federal lands have been the subject of ongoing research that could
prove vital to the conservation of the Preble's.
For the reasons stated above we have proposed selected stream
reaches on Federal lands supporting the Preble's that we believe to be
essential to the conservation of the Preble's, even if these areas
appear unlikely to be selected for initially designated recovery
populations based on the Draft Document. These areas of proposed
critical habitat may include short reaches of intervening non-Federal
lands that in some cases support all primary constituent elements
needed by the Preble's or, if substantially developed, are likely to
provide only connectivity between areas of Preble's habitat on nearby
Federal lands.
Proposed critical habitat units include only river and stream
reaches, and adjacent floodplains and uplands, that are within the
known geographic and elevational range of the Preble's, have the
primary constituent elements present, and, based on the best available
scientific information, are believed to currently support the Preble's.
In Wyoming and at higher elevations along the Front Range in
Colorado the geographical distribution of the Preble's has been subject
to scrutiny due to the close resemblance, and apparent range overlap,
between the Preble's and the western jumping mouse. However, new
information obtained since the time of the Preble's listing has not
appreciably changed the known range of the Preble's. Based on the most
recent information on elevational range of the Preble's we have, with
one exception, limited proposed critical habitat to 2,300 m (7,600 ft)
in elevation and below.
Presence of primary constituent elements was determined through a
variety of sources including, but not limited to--Colorado Division of
Wildlife mapping of Preble's Habitat Similarity Models derived from
interpretation of aerial photographs; the Services' 1998 mapping of
sites occupied or potentially occupied by the Preble's produced in
conjunction with the Colorado Department of Natural Resources as part
of proposed special regulations under section 4(d) of the Act (63 FR
66777); working maps produced by the Preble's Meadow Jumping Mouse
Recovery Team during development of the Draft Document; National
Wetland Inventory maps produced by the Service; results of research
conducted on a variety of Federal properties by the Forest Service, the
Department of Energy, the Air Force, and the Army Corps of Engineers;
results of research conducted by the Colorado Division of Wildlife,
Colorado Department of Transportation, and the City of Boulder; field
assessments of habitat by Service staff; information amassed to support
regional Habitat Conservation Plans (HCPs) including those in Boulder,
Douglas, and El Paso Counties in Colorado, and for Denver Water
properties; coordination with Forest Service personnel from the
Medicine Bow-Routt, Arapaho-Roosevelt, and Pike-San Isabel National
Forests; and, numerous evaluations of potential Preble's habitat by
consulting biologists in support of developers, landowners, and other
clients.
Presence of the Preble's was determined based largely on the
results of trapping surveys, the majority of which were conducted in
the past 6 years. Sites judged to be occupied by the Preble's include
those that--(1) have recently been documented to support jumping mice
identified by genetic or morphological examination as Preble's; (2)
have recently been documented to support jumping mice and for which
historical verification of the Preble's exists; or (3) are at
appropriate elevation levels for the Preble's, have recently been
documented to support jumping mice identified in the field as the
Preble's, but where the mice were released alive and not subject to
definitive morphological or genetic studies. While, in some cases,
proposed critical habitat units extend well beyond these Preble's
capture locations, boundaries of these critical habitat units include
only those reaches that we believe to be occupied by the Preble's based
on the best available information regarding capture sites, the known
mobility of the Preble's, and the quality and continuity of habitat
components along stream reaches. Where appropriate, we have included
details on the known status of the Preble's within specific
subdrainages in the in the Proposed Critical Habitat Designation
section of this document.
Survey efforts to document the Preble's in Wyoming have been more
limited than in Colorado and have been focused on--(1) Federal lands
(the Medicine Bow-Routt National Forest, some Bureau of Land Management
lands, and the F.E. Warren Air Force Base in Laramie County); (2) lands
owned by True Ranches; and (3) areas to be impacted by proposed
projects, most notably the Medicine Bow Lateral Pipeline.
We considered several qualitative criteria to judge the current
status and probable persistence of Preble's populations in the
selection and proposal of specific areas as critical habitat. These
included--(1) the quality, continuity, and extent of habitat components
present; (2) the state of natural hydrological processes that maintain
and rejuvenate suitable habitat components; (3) the presence of lands
devoted to conservation, either public lands such as parks, wildlife
management areas, and dedicated open space, or private lands under
conservation easements; and (4) the landscape context of the site,
including the overall degree of current human disturbance and presence,
and likelihood of future development based on local planning and
zoning.
In those units where we propose critical habitat on Federal lands
judged not likely to be initially designated as recovery populations
under the Draft Document, we looked for contiguous Federal property
along stream reaches occupied by the Preble's of at least 3 miles in
length. This corresponds to the minimum size of small populations
consistent with recovery criteria in the Draft Document. In some cases
shorter reaches on Federal lands were proposed as critical habitat when
they were separated from more substantial reaches on Federal lands by
only small segments of intervening non-Federal lands.
We also determined whether areas or portions of areas designated as
recovery populations in the Draft Document, or otherwise likely to be
proposed as critical habitat based on factors described above, do not
represent critical habitat due to adequate protection and management
under an existing Integrated Natural Resource Management Plan, HCP, or
other special management plan. Where regional HCPs are being developed,
we evaluated the potential completion schedule of these planning
efforts in relation to the likely completion of the final rule
designating Preble's critical habitat.
North Platte River Drainage
In order to meet recovery criteria, the Draft Document calls for
one large and
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two medium recovery populations spread over three of the five HUCs in
the North Platte River drainage likely to support the Preble's. The
Draft Document calls for three small populations (defined as 5 km (3
mi) or more of occupied habitat) or one medium population in each of
the other two HUCs. Two of the five HUCs currently lack confirmed
occurrence of the Preble's. Therefore, we have proposed critical
habitat areas representing large and medium recovery populations on the
remaining three HUCs, all of which have extensive areas supporting
primary constituent elements required by the Preble's.
Suitable habitat appears to be present throughout the Middle North
Platte-Casper HUC. However, survey efforts targeted at the Preble's
have occurred on only a limited basis in this subdrainage, with the
only known captures of jumping mice at elevations above 2,800 m (7,800
ft) and likely to be western jumping mice. Therefore, while primary
constituent elements for the Preble's appear present in this
subdrainage and the Preble's probably occurs within this system, we
have not proposed critical habitat based on lack of known occurrence.
Suitable habitat components occur throughout the Glendo HUC. We
have proposed critical habitat on the Cottonwood Creek watershed
consistent with one of the medium recovery populations required to meet
recovery criteria for the North Platte River drainage in the Draft
Document. In addition, we have proposed critical habitat in the
Horseshoe Creek watershed on Forest Service land.
Primary constituent elements required by the Preble's appear
widespread within the Lower Laramie HUC. Of two major watersheds we
investigated, the complex formed by Chugwater Creek and its tributaries
appears to be of better habitat quality and includes more stream miles
than the complex formed by Sybille Creek and its tributaries. We have
proposed critical habitat on the Chugwater Creek watershed consistent
with the one large recovery population required to meet recovery
criteria for the North Platte River drainage in the Draft Document.
Richeau Creek and Hunton Creek were not included as proposed critical
habitat since they are segregated from the main portion of the
Chugwater Creek complex by long stretches of less suitable habitat.
In the Lower Laramie HUC, habitat components typically used by the
Preble's exist on Federal property on the Medicine Bow-Routt National
Forest. While many of these locations are at higher elevations than
those that the Preble's has been shown to inhabit, surveys have
captured jumping mice identified in the field as the Preble's from the
appropriate elevational range. Therefore, we have proposed critical
habitat on Forest Service lands and small parcels of intervening non-
Federal lands within the Friend Creek watershed and within the Murphy
Canyon watershed.
Suitable habitat in the Horse Creek HUC is generally limited to the
western half of the subdrainage. Two areas of suitable habitat include
the complex formed by Horse Creek and its tributaries and the various
tributaries to Bear Creek. The Bear Creek tributaries are generally
isolated from each other and from Horse Creek by large sections of
unsuitable habitat. The Horse Creek complex is the larger complex and
has better quality habitat. Therefore, we have proposed critical
habitat on the Horse Creek watershed consistent with one of the two
medium recovery populations required to meet recovery criteria for the
North Platte River drainage in the Draft Document.
Habitat components suitable for the Preble's appear to be quite
limited in the Middle North Platte-Scottsbluff HUC and are largely
confined to the westernmost portions of the subdrainage. Some small
pockets of suitable habitat are scattered throughout the rest of the
subdrainage, but they are quite isolated. Additionally, trapping
efforts targeted at the Preble's have occurred on a limited basis in
this subdrainage with no surveys providing captures of the jumping
mice. Therefore, while there is a high probability that the Preble's
occurs within this subdrainage, we have not proposed critical habitat
based on lack of known occurrence.
South Platte River Drainage
Recovery criteria in the Draft Document require three small
recovery populations or one medium population in the Upper Lodgepole
HUC. Suitable habitat for Preble's is generally limited to the western
half of the subdrainage. Most trapping efforts in this HUC have been on
the Medicine Bow-Routt National Forest at elevations above 2,300 m
(7,700 ft). Additionally, one trapping effort at a lower elevation
produced a jumping mouse presumed to be a Preble's. We have proposed
two critical habitat units in this subdrainage, Lodgepole Creek and
Upper Middle Lodgepole Creek, consistent with two of the three small
recovery populations identified for the HUC in the Draft Document.
In Crow Creek HUC we have proposed critical habitat consistent with
one of the three small recovery populations required to meet recovery
criteria in the Draft Document. This area is limited to the F.E. Warren
Air Force Base in Cheyenne.
The Lone Tree-Owl HUC supports primary constituent elements for
Preble's both in Wyoming and in Colorado. Based on the recovery
criteria of three small or one medium recovery population assigned to
this HUC in the Draft Document, we have proposed two small areas of
critical habitat along Lone Tree Creek, one in Wyoming and one in
Colorado.
We have elected not to propose additional critical habitat on
Federal property in the Upper Lodgepole, Crow Creek, and Lone Tree-Owl
HUCs in southern Wyoming beyond those populations likely to be
designated recovery populations under the proposed plan. Within these
HUCs, Bureau of Land Management properties are largely upland areas
with only small segments of streams. Forest Service lands in the
Medicine Bow--Routt National Forest include many suitable-looking
streams, but most occur at elevations ranging from 2,200 m (7,300 ft)
to 2,400 m (8,000 ft). Although surveys from these riparian areas have
produced jumping mice that are potentially the Preble's, it is likely,
based on elevation, that many of these are western jumping mice. We
will continue to work with the Forest Service regarding potential
Preble's populations on their lands and will encourage further survey
effort and collection of jumping mouse specimens for species
verification.
In the Cache La Poudre HUC, we have proposed critical habitat along
the lower portions of the North Fork of the Cache Le Poudre River and
its tributaries, consistent with the large recovery population
designated in the Draft Document. In addition, further south in this
subdrainage we have proposed a second area limited largely to Forest
Service lands along the main stem of the Cache Le Poudre River and on
selected tributaries. While additional stream reaches that support
Preble's populations are present on Forest Service lands in the upper
reaches of the North Fork of the Cache Le Poudre and its tributaries,
including Bull Creek, Willow Creek, Mill Creek, and Trail Creek, the
extent of contiguous stream reaches in Forest Service ownership is very
limited. A checkerboard pattern of land ownership convinced us that
proposing additional critical habitat centered on Federal lands is not
warranted; therefore, we proposed no critical habitat in this area.
In the Big Thompson HUC we proposed critical habitat on Buckhorn
[[Page 47163]]
Creek and its tributaries consistent with the medium recovery
population designated to meet recovery criteria for this area under the
Draft Document. We also assessed Forest Service lands along the Big
Thompson River and Little Thompson River for possible inclusion as
proposed critical habitat. Potential areas along the Big Thompson River
and the North Fork of the Big Thompson River were largely in private
ownership, with substantial human development occurring in many places.
For these reasons we proposed only one additional area as critical
habitat, centered on Forest Service lands on portions of Dry Creek and
its tributaries. Similarly, Forest Service holdings along the Little
Thompson River and its tributaries are highly fragmented by non-Federal
lands or represent only short stream reaches near the 7,600-foot
elevation. No critical habitat has been proposed on the Little Thompson
River.
Within the St. Vrain HUC, the Draft Document designated a medium
recovery population on South Boulder Creek as necessary to meet
recovery criteria. We included the South Boulder Creek as proposed
critical habitat. At the request of representatives from the City of
Boulder we considered proposing critical habitat along the St. Vrain
River between Hygiene and Lyons. We have little evidence to support
designation of critical habitat for the Preble's population on the St.
Vrain River as a preferable alternative to that on South Boulder Creek,
nor did we find reason to propose critical habitat for a second
population on non-Federal lands within this subdrainage. We considered
proposing critical habitat for the Preble's on Forest Service lands at
higher elevations along the North St. Vrain Creek and the Middle St.
Vrain Creek. However, since no trapping efforts targeted at the
Preble's have been conducted in these areas and we are aware of no
records of the Preble's occurrence in these watersheds, neither has
been proposed as critical habitat.
The Department of Energy's Rocky Flats site spans portions of the
St. Vrain HUC and the Middle South Platte-Cherry Creek HUC. Rocky Flats
has been a focus of research on the Preble's. We have proposed a
critical habitat unit consisting of three streams in close proximity to
one another on Department of Energy lands within these two
subdrainages.
While the Draft Document calls for three small recovery populations
or one medium recovery population within the Clear Creek HUC, the
Preble's has been captured only along a segment of Ralston Creek above
Ralston Reservoir. Based on limited occurrence of habitat components
needed by the Preble's and the absence of other captures, we limited
proposed critical habitat within the Clear Creek HUC to this single
population.
The Draft Document calls for a medium recovery population along
Cherry Creek in the Middle South Platte-Cherry Creek HUC. Preble's
habitat in the upper reaches of the Cherry Creek basin appears
extensive. We propose critical habitat in an area that includes a
segment of Cherry Creek, Lake Gulch, and its tributaries. This area was
chosen partly because it includes substantial public lands.
Within the Upper South Platte HUC we have proposed critical habitat
along West Plum Creek and its tributaries consistent with the large
recovery population designated in the Draft Document. An approved HCP
exists for The Harding Property on West Plum Creek just upstream from
its confluence with Garber Creek. Since the duration of the permit for
this HCP is only 3 years, we have included this property in the
proposed critical habitat.
We examined other areas of Preble's habitat on Federal lands within
the Upper South Platte HUC, and have proposed critical habitat on Corps
of Engineers lands upstream of Chatfield Reservoir along the South
Platte River and on four areas centered on Forest Service land in the
Pike-San Isabel National Forest within the South Platte River
watershed. Though Forest Service lands in the Upper South Platte HUC
are extensive, much of the South Platte itself is not federally owned.
On Forest Service lands on some of the major tributaries of the South
Platte River, habitat components required by the Preble's have been
degraded by fire, flooding, or both. The Buffalo Creek watershed in
particular has been highly degraded by fire, followed by flooding and
accompanying erosion and sedimentation. Critical habitat has not been
proposed in these areas. Combined, these five areas of proposed
critical habitat should help assure that a viable population of the
Preble's is maintained in the portion of this HUC upstream of Chatfield
Reservoir on the South Platte River.
While the Draft Document calls for either three small populations
or one medium population in both the Kiowa and Bijou HUCs, no
confirmation of the Preble's currently exists for either of these
subdrainages. To our knowledge, no trapping efforts targeted at the
Preble's have taken place within likely Preble's habitat in either HUC.
While primary constituent elements appear present and it is likely that
the Preble's occurs within these systems, based on lack of known
Preble's occurrence we have not proposed critical habitat within these
HUCs.
Arkansas River Drainage
Within the Fountain Creek HUC the Draft Document calls for a large
recovery population along Monument Creek and its tributaries including
lands within the Air Force Academy. While the Academy would be an
essential part of this recovery population, we have determined that the
Academy does not meet the definition of critical habitat since it does
not require special management considerations or protection. In
determining boundaries of proposed critical habitat we considered
whether documented Preble's populations on some reaches remained
connected to the larger population present along Monument Creek or, due
to fragmentation caused by past development, they have become
permanently isolated.
Massive erosion and habitat modification along Pine Creek has
likely isolated the Preble's population east of Interstate Highway 25
from that downstream on Monument Creek. Therefore, we have proposed no
critical habitat on Pine Creek. A significant barrier to Preble's
movement is present on Kettle Creek in the form of a large detention
basin just east of Interstate Highway 25 and accompanying outflow
structure that channels creek flow under the highway. Recent
discussions have addressed possible means of improving connectivity
between upstream and downstream Preble's populations along this reach.
Since improved connectivity may be pursued and could prove important in
meeting the recovery criteria in this HUC, we have proposed critical
habitat through this reach of Kettle Creek.
Along the upper reaches of Monument Creek, Monument Lake and the
dam that forms it create at least a partial barrier to Preble's
movement upstream and downstream. While a current project will likely
enhance connectivity for the Preble's population along this reach of
Monument Creek, some reaches upstream from Monument Lake have been
significantly altered by human activity. Based on our examination of
the extent and quality of Preble's habitat upstream from Monument Lake,
we have chosen to limit proposed critical habitat to areas downstream
of the dam.
The Draft Document calls for either three small recovery
populations or one medium recovery population to meet recovery criteria
in both the Chico and the Big Sandy HUCs. The Preble's has been
documented at a single location
[[Page 47164]]
within the Chico HUC, in apparently marginal habitat along an unnamed
tributary of Black Squirrel Creek. Subsequent trapping could not
relocate the Preble's at the site. Limited trapping of other sites has
produced no captures of the Preble's and the extent of appropriate
habitat components within the subdrainage appears limited. We have not
proposed critical habitat in the Chico HUC based on our uncertainty
that the Preble's exists within any given reach in this area. In the
Big Sandy HUC limited trapping efforts targeted at the Preble's have
not confirmed Preble's presence. Sites supporting primary constituent
elements required by the Preble's appear few. For these reasons we have
not proposed critical habitat in the Big Sandy HUC.
Proposed critical habitat for the Preble's was delineated based on
the interpretation of multiple sources used during the preparation of
this proposed rule. We used GIS-based mapping using ARCInfo that
incorporated streams, steam order (Stahler method), roads, and cities
from USGS maps, floodplains from Federal Emergency Management Agency
maps, and surface management maps depicting property ownership from the
Bureau of Land Management (primarily from the early 1990s). Lands
proposed as critical habitat were divided into specific mapping units,
i.e., critical habitat units, often corresponding to individual HUCs.
For the purposes of this proposed rule these units have been described
primarily by latitude and longitude, and by section, township, and
range, to mark the upstream and the downstream extent of proposed
critical habitat along rivers and streams.
We were presented with a decision in designating outward extent of
critical habitat into uplands. The Service has typically described
Preble's habitat as extending outward 300 ft (90 m) from the 100-year
floodplain of rivers and streams (Service 1998). The Draft Document
defines Preble's habitat as the 100-year floodplain plus 100 m (330 ft)
outward on both sides, but allows for alternative delineations that
provide for all the needs of the Preble's and include the alluvial
floodplain, transition slopes, and pertinent uplands.
In order to allow normal behavior and to assure that the Preble's
and the primary constituent elements on which it depends are protected
from disturbance, the outward extent of critical habitat should at
least approximate the outward distances described above in relation to
the 100-year floodplain. Unfortunately, floodplains have not been
mapped for many streams within Preble's range and electronic layers
depicting 100-year floodplains needed to facilitate GIS mapping are not
available for several counties within Preble's range. Where floodplain
mapping is available, we have found that it may include local
inaccuracies.
While alternative delineation of critical habitat based on
geomorphology and existing vegetation could accurately portray the
presence and extent of required habitat components, we lacked an
explicit data layer that could support such a delineation. Creation of
such a layer through interpretation of aerial photographs and site
visits was not possible given the time and resources available for this
proposal.
We also considered determining the outward extent of critical
habitat based on a distance outward from features such as the stream
edge, associated wetlands, or riparian areas. We judged wetlands an
inconsistent indicator of habitat extent and found no consistent source
of riparian mapping available across the range of the Preble's. We also
considered using an outward extent of critical habitat established by a
vertical distance above the elevation of the river or stream to
approximate the floodplain and adjacent uplands likely to be used by
the Preble's.
For this proposal we ultimately settled on delineating the upland
extent of critical habitat boundaries as a set distance outward from
the river or stream edge (as defined by the ordinary high water mark)
varying with the size (order) of a river or stream. We compared known
floodplain widths to stream order over a series of sites and
approximated average floodplain width for various orders of streams. To
that average we added an additional 100 m (330 ft) outward on each
side. Based on this calculation, for streams of order 1 and 2 (the
smallest streams) we have delineated critical habitat as 110 m (360 ft)
outward from the stream edge, for streams of order 3 and 4 we have
delineated critical habitat as 120 m (400 ft) outward from the stream
edge, and for stream orders 5 and above (the largest streams and
rivers) we have delineated critical habitat as 140 m (460 ft) outward
from the stream edge. While proposed critical habitat will not include
all areas used by individual Preble's over time, we believe that these
corridors of critical habitat ranging from 220 m (720 ft) to 280 m (920
ft) in width (plus the river or stream width) will support the full
range of primary constituent elements essential for persistence of
Preble's populations, and should help protect the Preble's and their
habitats from secondary impacts of nearby disturbance. We welcome
comments regarding the appropriate outward limits of critical habitat
and means of establishing them.
In selecting areas of proposed critical habitat, we made an effort
to avoid developed areas that are not likely to contribute to Preble's
conservation. However, the scale of mapping that we used to approximate
our delineation of critical habitat did not allow us to exclude all
developed areas such as roads and rural development. In addition, some
developed stream reaches serve as important connectors within Preble's
populations. Existing structures and features within the boundaries of
the mapped units, such as buildings, roads, parking lots, other paved
areas, lawns, other urban and suburban landscaped areas, regularly
plowed or disced agricultural areas, and certain other areas are not
likely to contain primary constituent elements for the Preble's and,
therefore, are not critical habitat. Federal actions limited to these
areas would not trigger a section 7 consultation unless they affect the
Preble's or primary constituent elements within proposed critical
habitat.
Consistent with the Draft Document, we could not depend solely on
federally-owned lands to propose critical habitat designation, as these
lands are limited in geographic location, size, and habitat quality
within the range of the Preble's. In addition to the federally-owned
lands, we are proposing critical habitat on non-Federal public lands
and privately owned lands, including lands owned by the State of
Colorado and State of Wyoming, and by local governments. All non-
Federal lands designated as critical habitat meet the definition of
critical habitat under section 3 of the Act in that they are within the
geographical area occupied by the species, are essential to the
conservation of the species, and may require special management
considerations or protection.
Section 4(b)(2) of the Act requires us to consider the economic and
other relevant impacts of designating areas as critical habitat. We may
exclude areas from critical habitat upon a determination that the
benefits of such exclusions outweigh the benefits of designating these
areas as critical habitat. We cannot exclude areas from critical
habitat when the exclusion will result in the extinction of the
species. We will make available for public review an economic analysis
of this proposal; this economic analysis will serve as the basis of our
4(b)(2) analysis and any exclusions. However, this economic analysis is
not yet completed;
[[Page 47165]]
as a result, we are not able to identify proposed exclusions under
section 4(b)(2) in this proposed rule. We will complete our economic
analysis, re-open the public comment period, and review public comments
before making a final determination of critical habitat. This review,
combined with our assessment of the benefits of designating areas as
critical habitat, may identify certain proposed areas that should be
excluded from the final critical habitat designation, provided these
exclusions will not result in the extinction of the species. As a
result, the final critical habitat determination may differ from this
proposal.
Proposed Critical Habitat Designation
The proposed critical habitat contained within units discussed
below constitutes our best evaluation of areas necessary to conserve
the Preble's. Proposed critical habitat may be revised should new
information become available prior to the final rule, or may be revised
through rule-making (including notice and public comment) if new
information becomes available after the final rule.
Table 1 provides a summary of land ownership by river or stream
length and area of proposed critical habitat in each county for which
critical habitat has been proposed. Critical habitat for the Preble's
includes approximately 381.7 km (237.2 mi) of rivers and streams and
8,116 ha (20,054 ac) of lands in Wyoming and approximately 676.4 km
(420.3 mi) of rivers and streams and 15,132 ha (37,392 ac) of lands in
Colorado. Lands proposed as critical habitat are under Federal, State,
local government, and private ownership. No lands proposed as critical
habitat are under Tribal ownership. Estimates reflect the total river
or stream length, or area of lands within critical habitat unit
boundaries, without regard to the presence of primary constituent
elements. Therefore, given exclusions for developed areas and other
areas not supporting the primary constituent elements, the area
proposed for designation is actually less than indicated in Table 1.
Table 1.--Proposed Critical Habitat for the Preble's Meadow Jumping Mouse by County in Wyoming and Colorado,
Summarized by Federal, State, and Other Ownership
----------------------------------------------------------------------------------------------------------------
Ownership
-----------------------------------------------------------------------------------------------------------------
Linear River Kilometers and Hectares by State and County
-----------------------------------------------------------------------------------------------------------------
Federal State Other Total
----------------------------------------------------------------------------------------------------------------
Wyoming......................... 51.4 km (32.0 mi); 12.8 km (7.9 mi); 317.5 km (197.3 381.7 km (237.2
1,552 ha (3,836 265 ha (655 ac). mi) 6,297 ha mi); 8,116 ha
ac). (15,561 ac). (20,253 ac)
Albany...................... 42.8 km (26.6 mi); 5.6 km (3.5 mi); 63.3 km (39.3 mi); 111.7 km (69.4
940 ha (2,323 ac). 107 ha (265 ac). 1,348 ha (3,334 mi); 2,396 ha
ac). (5,921 ac)
Converse.................... 3.8 km (2.1 mi); 0; 0.............. 1.4 km (0.9 mi); 0 4.8 km (3.0 mi);
143 ha (279 ac). 113 ha (279 ac)
Laramie..................... 5.0 km (3.1 mi); 4.4 km (2.7 mi); 188.6 km (117.2 198.0 km (123.0
496 ha (1,225 ac). 98 ha (242 ac). mi); 3,617 ha mi); 4,210 ha
(8,937 ac). (10,403 ac)
Platte...................... 0.1 km (0.1 mi); 4 2.8 km (1.8 mi); 64.2 km (39.9 mi); 67.2 km (41.7 mi);
ha (11 ac). 60 ha (148 ac). 1,332 ha (3,292 1,397 ha (3,451
ac). ac)
Colorado........................ 215.2 km (133.6 65.2 km (40.5 mi); 396.1 km (246.1 676.4 km (420.3
mi); 4,942 ha 1,405 ha (3,473 mi); 8,784 ha mi); 15,132 ha
(12,214 ac). ac). (21,706 ac). (37, 392 ac)
Boulder..................... 0................. 0................. 12.3 km (7.7 mi); 12.3 km (7.7 mi);
299 ha (740 ac). 299 ha (740 ac)
Douglas..................... 57.5 km (35.7 mi) 13,5 km (8.4 mi); 157.7 km (98.0 228.7 km (142.1
1,351 ha (3,479 276 ha (683 ac). mi); 3,450 ha mi); 5,076 ha
ac). (8,524 ac). (12,545 ac)
El Paso..................... 0.2 km (0.1 mi); 0.4 km (0.3 mi); 8 55.6 km (34.5 mi); 56.3 km (35.0 mi);
16 ha (41 ac). ha (21 ac). 1,232 ha (3.048 1,259 ha (3,110
ac). ac)
Jefferson................... 31.8 km (19.7 mi) 5.1 km (3.2 mi); 26.7 km (16.6 mi); 63.8 km (39.6 mi);
611 ha (1,509 ac). 82 ha (203 ac). 551 ha (1,361 ac). 1,244 ga (3,073
ac)
Larimer..................... 124.2 km (77.2 46.0 km (28.6 mi); 134.8 km (83.3 305.1 km (189.6
mi); 2,939 ha 1,038 ha (2,564 ac); 3,054 ha mi); 7,022 ha
(6,745 ac). ac). (7,547 ac). (17,352 ac)
Teller...................... 1.3 km (0.8 mi); 0................. 0................. 1.3 km (0.8 mi);
34 ha (85 ac). 34 ha (85 ac)
Weld........................ 0................. 0.0; 1 ha (2 ac).. 8.9 km (5.6 mi); 8.9 km (5.6 mi);
196 ha (484 ac). 197 ha (486 ac)
----------------------------------------------------------------------------------------------------------------
Lands proposed as critical habitat are divided into 19 critical
habitat units containing all of those primary constituent elements
necessary to meet the primary biological needs of the Preble's. We did
not include all areas currently occupied by the Preble's. A brief
description of each Preble's critical habitat unit and the reasons why
they are essential for the conservation of the Preble's are provided
below. The units are generally based on geographically distinct river
drainages and subdrainages described in the Draft Document. These units
have been subject to, or are threatened by, varying degrees of
degradation from human use and development. For these reasons, all of
the areas we are proposing for critical habitat designation may require
special management considerations or protection.
In areas within the range of the Preble's where there has been
concern over possible confusion between the Preble's and the western
jumping mouse, we have provided comments regarding known occurrence of
the Preble's. Unless otherwise noted, references to ``morphological
examination'' refer to Connor and Shenk (in prep.), references to
``genetic examination'' refer to Riggs et al. (1997), and references to
``captures presumed to be the Preble's'' refer to field surveys where
jumping mice presumed to be Preble's were released alive and not
subject to morphological or genetic examination.
The following five critical habitat units are located in the North
Platte River drainage:
[[Page 47166]]
Unit NP1: Cottonwood Creek, Albany, Platte, and Converse Counties,
Wyoming.
Unit NP1 encompasses approximately 924 ha (2,284 ac) on 43.3 km
(26.9 mi) of streams within the Cottonwood Creek watershed. It includes
Cottonwood Creek from Harris Park Road upstream to the 2,100-m (7,000-
ft) elevation. Tributaries include North Cottonwood Creek and Preacher
Creek. The unit includes both public and private lands, including a
small portion on the Medicine Bow-Routt National Forest.
This unit is located in the Glendo HUC and is proposed to address
the one of two medium recovery populations required to meet recovery
criteria for the North Platte River drainage in the Draft Document. The
Preble's habitat on this unit appears generally excellent, particularly
on the Forest Service lands. This population is essential not only to
maintain distribution near the northernmost extreme of known Preble's
range, but because the large size of the population (as predicted by
amount and quality of habitat) should help ensure viability into the
future. Private lands within the unit are used extensively for grazing,
which could pose a threat to the Preble's and its habitat if not
managed appropriately.
A specimen examined by Krutzch (1954) in describing the subspecies
is from Springhill in this HUC. Five recent specimens from this
subdrainage have been identified as the Preble's through morphological
examination (tooth fold presence) (Jones, in litt., 2002). Captures of
jumping mice presumed to be Preble's have occurred at several other
locations in this subdrainage.
NP2: Horseshoe Creek, Albany County, Wyoming.
Unit NP2 encompasses approximately 153 ha (377 ac) on 6.5 km (4.1
mi) of streams within the Horseshoe Creek watershed. It includes
Horseshoe Creek upstream from Harris Park Road. The unit is entirely on
Federal lands within the Medicine Bow-Routt National Forest.
This unit is located in the Glendo HUC and, while unlikely to serve
as an initial recovery population under the Draft Document, it
encompasses a significant area of habitat entirely on Federal lands.
Proposal of critical habitat on this area is based upon captures of
jumping mice presumed to be the Preble's on Trail Creek (an upstream
tributary to Horshoe Creek) and on primary constituent elements present
in this area.
Unit NP3: Chugwater Creek, Albany, Laramie, and Platte Counties,
Wyoming.
Unit NP3 encompasses approximately 3,811 ha (9,416 ac) on 179.4 km
(111.5 mi) of streams within the Chugwater Creek watershed. It extends
from several miles downstream of the town of Chugwater, upstream on
Chugwater Creek and its tributaries to approximately the 2,100-m
(7,000-ft) elevation. Major tributaries within the unit include Middle
Chugwater Creek, South Chugwater Creek, Three Mile Creek, Sand Creek,
Ricker Creek, Strong Creek, and Shanton Creek. The unit consists of
both public and private lands.
This unit is located in the Lower Laramie HUC and is proposed to
address the large recovery population in the North Platte River
drainage required to meet the recovery criteria described in the Draft
Document. The unit supports excellent Preble's habitat with a complex
tributary system and is likely to support a high density of the
Preble's. While some isolated portions of this unit may be less
suitable, we do not believe those areas are permanently affected by
current land use practices or pose such barriers as to segregate
portions of this Preble's population. Based on the amount and apparent
quality of Preble's habitat contained in this unit, it may support one
of the largest populations of the Preble's within its entire range and
has a high probability of remaining viable well into the future.
Threats are presented by future development, road construction, and
road improvements. In addition, the unit is repeatedly crossed by gas
pipelines and utility corridors. Haying and grazing may be threats to
the Preble's in portions of the unit.
Specimens of Preble's from this HUC include a specimen from
Chugwater examined by Krutzch (1954) in describing the subspecies, and
specimens from Sybille Creek, Chugwater Creek, and Hunton Creek
verified as the Preble's through morphological examination (tooth fold
presence) (Jones, in litt., 2002). Capture of jumping mice presumed to
be the Preble's has occurred at several other locations in this
subdrainage.
Unit NP4: Friend Creek and Murphy Canyon, Albany County, Wyoming.
Unit NP4 encompasses approximately 683 ha (1,689 ac) on 32.0 km
(19.9 mi) of streams within two subunits, the Friend Creek and Murphy
Canyon watersheds. It consists largely of Federal lands within the
Medicine Bow-Routt National Forest but includes small parcels of
intervening non-Federal lands.
This unit is located in the Lower Laramie HUC and, while unlikely
to serve as an initial recovery population under the Draft Document, it
encompasses a significant area of Preble's habitat largely on Federal
lands within the Medicine Bow-Routt National Forest. We have proposed
this unit as critical habitat based on the primary constituent elements
present and captures of jumping mice presumed to be the Preble's.
Unit NP5: Horse Creek, Laramie County, Wyoming.
Unit NP5 encompasses approximately 1,770 ha (4,373 ac) on 84.1 km
(52.3 mi) of streams within the Horse Creek watershed. It includes
Horse Creek from the Interstate Highway 25 bridge upstream to the
2,100-m (7,000-ft) elevation with major tributaries including Dry
Creek, the South Fork of Horse Creek, Mill Creek, and the North Fork of
Horse Creek. The unit consists of both public and private lands. It
includes lands owned by the University of Wyoming.
The unit is located in the Horse Creek HUC and is proposed to
address one of the two medium recovery populations required in the
Draft Document to meet recovery criteria in the North Platte River
drainage. In general, the habitat appears extremely good with a broad
floodplain, patches of dense shrubs, and extensive hay meadows. This
population appears to be relatively large, as predicted by the quality
and extent of habitat present, and should retain viability into the
future. Current and future threats include development, road
construction, and utility corridors. Additionally, haying and grazing
may be threats to the Preble's in portions of the unit.
This designation is based upon a capture of a mouse verified to be
the Preble's through morphological examination (tooth fold presence)
(Jones, in litt., 2002) on Horse Creek and other captures presumed to
be Preble's on Horse Creek and the South Fork of Horse Creek. We
elected to propose critical habitat both upstream and downstream of
successful survey locations based on the extensive complex of suitable
habitat that is present.
The following 13 critical habitat units are located in the South
Platte River drainage:
Unit SP1: Lodgepole Creek and Upper Middle Lodgepole Creek, Laramie
County, Wyoming.
Unit SP1 encompasses approximately 265 ha (654 ac) on 20.8 km (13.0
mi) of streams within two subunits in the Lodgepole Creek watershed,
Lodgepole Creek and the Upper Middle Lodgepole Creek. The Lodgepole
Creek subunit includes Lodgepole Creek from Horse Creek Road (County
Road 211) upstream beyond the confluence of North Lodgepole Creek and
Middle Lodgepole
[[Page 47167]]
Creek up to 2,300-m (7,000-ft) elevation on both creeks. The subunit
consists of almost entirely private lands. The Upper Middle Lodgepole
Creek subunit includes Middle Lodgepole Creek from the eastern boundary
of the Pole Mountain Unit of the Medicine Bow-Routt National Forest
upstream to about 2,400-m (7,750-ft) elevation and including the North
Branch of Middle Lodgepole Creek. The unit consists of public lands
including portions of the Medicine Bow-Routt National Forest.
This unit is located in the Upper Lodgepole HUC and is proposed to
address two of three small recovery populations included in the
recovery criteria for this HUC in the Draft Document. The Lodgepole
Creek subunit will likely be threatened in the future by development
including road construction. The Upper Middle Lodgepole Creek subunit
may be threatened by grazing pressure (particularly during drought
conditions) and off-road vehicle use.
Critical habitat on this unit is proposed based on captures of
jumping mice on Middle Lodgepole Creek and North Branch of Middle
Lodgepole Creek. Although these two trap sites are fairly high in
elevation, a specimen was confirmed as the Preble's on the North Branch
of Middle Lodgepole Creek through genetic examination and a second
specimen was verified to be the Preble's through morphological
examination (tooth fold presence) (Jones, in litt., 2001).
Unit SP2: F.E. Warren Air Force Base, Laramie County, Wyoming.
Unit SP2 encompasses approximately 134 ha (331 ac) on 5.7 km (3.6
mi) of streams within the Crow Creek watershed. It includes Crow Creek
on the F.E. Warren Air Force Base from the southeastern boundary of the
Air Force Base in Cheyenne upstream to the western boundary of the Air
Force Base. The unit consists entirely of Federal lands of the Air
Force Base.
This unit is located in the Crow Creek HUC and is proposed to
address one of three small recovery populations required in the
recovery criteria for this HUC in the Draft Document. This unit
includes portions of the Air Force Base threatened by water management
for flood control, reclamation of landfills, and other Air Force Base
operations.
Crow Creek on the Air Force Base has been the subject of repeated
past trapping. Trapping efforts by the University of Wyoming, Colorado
Natural Heritage Program, and the Wyoming Natural Diversity Database
identified mice from the Air Force Base as the Preble's, though without
morphological examination of specimens. A specimen from Cheyenne,
within this HUC, was examined by Krutzch (1954) and used in describing
the Preble's subspecies. However, genetic examination identified
specimens from the Air Force Base as western jumping mice. One 1996
specimen taken from the Air Force Base was identified through
morphological examination as a western jumping mouse. Given that the
Air Force Base is within the normal elevational range of the Preble's,
it is likely the Air Force Base is occupied by both the Preble's and
the western jumping mouse.
Unit SP3: Lone Tree Creek, Laramie County, Wyoming, Weld County,
Colorado.
Unit SP3 encompasses approximately 394 ha (974 ac) on 18.7 km (11.7
mi) of streams within the Lone Tree Creek watershed. It includes two
subunits, Lone Tree Creek, Wyoming and Lone Tree Creek, Colorado. The
Lone Tree Creek, Wyoming, subunit includes a reach of Lone Tree Creek
and a portion of Goose Creek. The subunit consists of both public and
private lands. The Lone Tree Creek, Colorado, subunit includes Lone
Tree Creek both upstream and downstream of a successful trapping site
near Interstate Highway 25. This subunit also consists of both public
and private lands.
This unit is located in the Lone Tree-Owl HUC and is proposed to
address two of three small recovery populations required in the
recovery criteria for this HUC in the Draft Document. Suitable habitat
occurs throughout the HUC, although some areas are of lower quality due
to heavy grazing. This unit may be threatened by development in the
future.
Proposal of critical habitat within this unit is based on captured
jumping mice presumed to be the Preble's in Wyoming and Colorado. In
the Colorado subunit, a mouse identified in the field as a Preble's was
determined by genetic examination to be more similar to a western
jumping mouse. Given the low elevation of the capture site 1,900 m
(6,200 ft), it is likely that both the Preble's and the western jumping
mouse are present within this unit.
Unit SP4: North Fork Cache La Poudre River, Larimer, Colorado.
Unit SP4 encompasses approximately 3,321 ha (8,206 ac) on 141.8 km
(88.1 mi) of streams within the North Fork of the Cache La Poudre River
watershed. It includes the North Fork of the Cache La Poudre River from
Seaman Reservoir upstream to Halligan Reservoir. Major tributaries
within the unit include Stonewall Creek, Rabbit Creek (including its
North Fork, Middle Fork and South Fork), and Lone Pine Creek. The unit
includes both public and private lands. It includes portions of the
Arapaho-Roosevelt National Forest, as well as Lone Pine State Wildlife
Area.
The unit is located in the Cache La Poudre HUC and is proposed to
address the large recovery population designated for this area in the
Draft Document. The area remains rural and agricultural with habitat
components likely to support relatively high densities of Preble's.
Pressure for expanded development is increasing within the area.
Portions of the unit are the subject of the Livermore Valley Landowners
HCP currently under development.
Specimens from Rabbit Creek and Lone Pine Creek were verified
through genetic examination as the Preble's. Jumping mice presumed to
be the Preble's have been captured at several locations within the
unit.
Unit SP5: Cache La Poudre River, Larimer County, Colorado.
Unit SP5 encompasses approximately 1,912 ha (4,725 ac) on 82.4 km
(51.2 mi) of streams within the Cache La Poudre River watershed. It
includes the Cache La Poudre River from Poudre Park upstream to the
2,300-m (7,600-ft) elevation (below Rustic). Major tributaries within
the unit include Hewlett Gulch, Young Gulch, Skin Gulch, Poverty Gulch,
Elkhorn Creek, Pendergrass Creek, and Bennett Creek. The unit is
primarily composed of Federal lands of the Arapaho-Roosevelt National
Forest, including portions of the Cache La Poudre Wilderness, but
includes limited non-Federal lands.
The unit is located in the Cache La Poudre HUC and, while unlikely
to serve as a recovery population under the Draft Document, it
encompasses a significant area of habitat likely to support a sizeable
population of Preble's. Due to Federal ownership, development pressure
is minimal; however, the area is subject to substantial recreational
use (rafting, kayaking, fishing) in the Cache La Poudre River corridor.
Non-Federal lands include existing development that may limit habitat
components present. Some such reaches may serve the Preble's mostly as
connectors between areas containing all necessary primary constituent
elements.
A number of jumping mice, presumed to be the Preble's, have been
captured from this unit, with one specimen from Young Gulch was
verified through morphological examination as a Preble's.
Unit SP6: Buckhorn Creek, Larimer County, Colorado.
Unit SP6 encompasses approximately 1,537 ha (3,798 ac) on 69.2 km
(43.0 mi)
[[Page 47168]]
of streams within the Buckhorn Creek watershed. It includes Buckhorn
Creek from just west of Masonville, upstream to the 7,600-foot
elevation. Major tributaries within the unit include Little Bear Gulch,
Bear Gulch, Stringtown Gulch, Fish Creek, and Stove Prairie Creek. The
unit includes both public and private lands, and includes portions of
the Arapaho-Roosevelt National Forest.
The unit is located in the Big Thompson HUC and is proposed to
address the medium recovery population designated for this area in the
Draft Document. Pressure for expanded rural development exists on non-
Federal lands within the unit.
Jumping mice presumed to be the Preble's have been captured from
various portions of this unit with one specimen from Little Bear Gulch
verified through morphological examination as the Preble's.
Unit SP7: Cedar Creek, Larimer County, Colorado.
Unit SP7 encompasses approximately 252 ha (624 ac) on 11.7 km (7.3
mi) of streams within the Cedar Creek watershed, including Dry Creek
and Jug Gulch. Cedar Creek is a tributary of the Big Thompson River and
enters the Big Thompson River at Cedar Cove. The unit is centered on
Federal lands of the Arapaho-Roosevelt National Forest, but includes
some stream reaches on non-Federal lands.
This unit is located in the Big Thompson HUC and, while unlikely to
serve as an initial recovery population under the Draft Document, it
supports a population on mostly Federal lands of the upper Big Thompson
River, isolated, at least in terms of riparian connection, from the
Preble's population on nearby Buckhorn Creek. This site is upstream of
The Narrows of the Big Thompson Canyon, a barrier to Preble's movement,
while the confluence of the Big Thompson River and Buckhorn Creek is
downstream from The Narrows. However, the close proximity of the
headwaters of Jug Gulch within this unit to the headwaters of Bear
Gulch within the Buckhorn Creek unit suggests that some individual
Preble's mice may pass between the two populations and thus between the
two significant watersheds within this HUC.
Jumping mice presumed to be the Preble's have been captured from
within this unit. The Little Bear Gulch capture of Preble's, cited
above, is from just north of this unit and within the same HUC.
Unit SP8: South Boulder Creek, Boulder County, Colorado.
Unit SP8 encompasses approximately 283 ha (699 ac) on 11.8 km (7.3
mi) of streams within the South Boulder Creek watershed. It includes
South Boulder Creek from Baseline Road upstream to Eldorado Springs,
and includes the Spring Brook tributary. The unit includes both public
and private lands. It includes substantial lands owned by the City of
Boulder Open Space and Mountain Parks.
This unit is located in the St. Vrain HUC and is proposed to
address the medium recovery population designated for this area in the
Draft Document. Portions of the area have been the subject of Preble's
research funded by the City of Boulder and, in places, high densities
of the Preble's have been documented. A wide floodplain, complex ditch
system, and the irrigation of pastures makes habitat within the lower
portions of this unit unique. In places, the outward extent of primary
constituent elements surpasses the standard distance outward from the
stream used to define critical habitat in this proposal. Boundaries of
critical habitat on this unit should be refined in cooperation with the
City of Boulder prior to the final rule. Pressure for expanded
development is occurring on private lands within the unit. Recreational
use of the City of Boulder lands is considerable and may adversely
impact the Preble's. The entire unit is within the Boulder County HCP
currently under development.
The Preble's has been verified through genetic and morphological
examination of specimens from several sites within the unit.
Unit SP9: Rocky Flats Environmental Technology Site, Jefferson
County, Colorado.
Unit SP9 encompasses approximately 429 ha (1,059 ac) on 19.5 km
(12.1 mi) of streams within the Rock Creek, Woman Creek, and Walnut
Creek watersheds. The unit includes only Federal lands on the
Department of Energy's Rocky Flats.
Portions of this unit are located in the St. Vrain HUC (Rock Creek)
and portions are in the Middle South Platte-Cherry Creek HUC (Woman
Creek and Walnut Creek). While unlikely to serve as an initial recovery
population under the Draft Document, this unit is unique in that it is
limited entirely to Federal lands and has been the subject of
substantial past research on the Preble's. After cleanup and closure of
the Rocky Flats Environmental Technology Site, the property will be
transferred to the Service to become part of the National Wildlife
Refuge system. Population studies have taken place on the site over a
period of years. Streams within the unit are small and habitat
components present do not support a high density of the Preble's. The
site presents an opportunity to study small populations and their
viability over time.
The Preble's has been verified to be present through genetic and
morphological examination of specimens from within the unit.
Unit SP10: Ralston Creek, Jefferson County, Colorado.
Unit SP10 encompasses approximately 282 ha (698 ac) on 13.1 km (8.1
mi) of streams within the Ralston Creek watershed. It includes Ralston
Creek from Ralston Reservoir upstream to the 7,600-foot elevation. The
unit includes both public and private lands including lands in Golden
Gate Canyon State Park, White Ranch County Park, and lands owned by
Denver Water.
This unit is located in the Clear Creek HUC and is proposed to
partially address the criteria of three small recovery populations or
one medium recovery population required for this area in the Draft
Document. The segment of Ralston Creek that passes through the Cotter
Corporation's existing Schwartzwalder Mine serves as a connector
between areas supporting primary constituent elements required by the
Preble's located in areas upstream and downstream.
The Preble's has been verified through morphological examination of
a specimen from the lower portion of this unit.
Unit SP11: Cherry Creek, Douglas County, Colorado.
Unit SP11 encompasses approximately 703 ha (1,738 ac) on 32.1 km
(19.9 mi) of streams within the Cherry Creek watershed. It includes
Cherry Creek from the downstream boundary of the Castlewood Canyon
State Recreation Area, upstream to its confluence with Lake Gulch.
Major tributaries within the unit include Lake Gulch and Upper Lake
Gulch. The unit includes both public and private lands. It includes
portions of the Castlewood Canyon State Recreation Area, as well as
Douglas County's recently acquired Green Mountain Ranch property.
This unit is located in the Middle South Platte-Cherry Creek HUC
and is proposed to address the medium recovery population designated
for this area in the Draft Document. Some development pressure is
occurring from expanding rural development within the area. The entire
unit is within the Douglas County HCP currently being developed.
Unit SP12: West Plum Creek, Douglas County, Colorado.
Unit SP12 encompasses approximately 3,270 ha (8,080 ac) on 146.6 km
(91.1 mi) of streams within the
[[Page 47169]]
Plum Creek watershed. It includes Plum Creek from Chatfield Reservoir
upstream to the confluence with West Plum Creek then continues upstream
on West Plum Creek to its headwaters. Major tributaries within the unit
include Indian Creek, Jarre Creek, Garber Creek (including North,
Middle, and South Garber Creek), Jackson Creek, Spring Creek, Dry
Gulch, Bear Creek, Starr Canyon, Gove Creek, and Metz Canyon. The unit
is a combination of public and private lands. It includes portions of
the Pike-San Isabel National Forest, as well as Chatfield State
Recreation Area (Corps of Engineers property), and Colorado Division of
Wildlife's Woodhouse Ranch property.
This unit is located in the Upper South Platte HUC and is proposed
to address the large recovery population designated for this area in
the Draft Document. Aside from a portion of Plum Creek, the area
remains rather rural and includes habitat components likely to support
relatively high densities of the Preble's. Pressure for expanded rural
development is occurring within the area. With the exception of Federal
lands, the entire unit is within the Douglas County HCP currently being
developed.
Specimens from West Plum Creek, Garber Creek, and Indian Creek have
been verified through morphological examination as the Preble's. The
unit has been widely surveyed and jumping mice presumed to be the
Preble's have been found in several other locations.
Unit SP13: Upper South Platte River, Jefferson and Douglas
Counties, Colorado.
Unit SP13 encompasses approximately 1,687 ha (4,168 ac) on 83.1 km
(51.6 mi) of streams within the Platte River watershed. It includes
five subunits. The Chatfield subunit includes a section of the South
Platte River upstream of Chatfield Reservoir within Chatfield State
Recreation Area (Corps of Engineers' property). The Bear Creek subunit
includes Bear Creek and West Bear Creek, tributaries to the South
Platte River on Forest Service lands. The South Platte sub-unit
includes a segment of the South Platte River upstream from Nighthawk,
including the tributaries Gunbarrel Creek and Sugar Creek. This subunit
is centered on Federal lands of the Pike-San Isabel National Forest but
includes some intervening non-Federal lands. The Trout Creek subunit
includes portions of Trout Creek, a tributary to Horse Creek, and also
portions of Eagle Creek, Long Hollow, Fern Creek, Illinois Gulch, and
Missouri Gulch. This subunit is centered on Federal lands of the Pike-
San Isabel National Forest but includes some intervening non-Federal
lands along Trout Creek. The Wigwam Creek subunit includes Wigwam Creek
and its tributaries, Pine Creek and Cabin Creek on Forest Service
lands.
This unit is located in the Upper South Platte HUC and, while
unlikely to serve as an initial recovery population under the Draft
Document, encompasses five areas of primarily Federal land spread
through the drainage, four within the Pike-San Isabel National Forest
boundary. Habitat components present and the likely density of Preble's
populations vary. The Trout Creek subunit appears to have high quality
Preble's habitat and may provide an opportunity to research
relationships between the Preble's and the western jumping mouse, both
of which have been verified from a single location in the subunit.
Small segments of non-Federal lands in the unit are within the Douglas
County HCP currently being developed.
Preble's has been confirmed through morphological examination of a
specimen from Trout Creek near the Douglas County-Teller County
boundary at 2,310 m (7,590 ft). Other captures of jumping mice from
various locations within this unit are presumed to be the Preble's.
The following critical habitat unit is located in the Arkansas
River drainage:
Unit A1: Monument Creek, El Paso County, Colorado.
Unit A1 encompasses approximately 1,259 ha (3,110 ac) 56.3 km (35.0
mi) of streams within the Monument Creek watershed. It includes
Monument Creek from the confluence of Cottonwood Creek upstream to the
southern boundary of the Academy and from the northern boundary of the
Academy upstream to the dam at Monument Lake. Major tributaries within
the unit include Kettle Creek, Black Squirrel Creek, Monument Branch,
Smith Creek, Jackson Creek, Beaver Creek, Teachout Creek, and Dirty
Woman Creek. The unit is primarily on private lands. It includes a
small portion of the Pike-San Isabel National Forest.
This unit is located in the Fountain Creek HUC and is proposed to
address the large recovery population designated for this area in the
Draft Document. The area is unique in that it represents the only known
Preble's population of significant size within the Arkansas River
drainage and the southernmost known occurrence of the Preble's.
Development pressure is extremely high on some private lands within the
unit. There is concern that development will result in changes in flows
from increased stormwater runoff and will affect riparian systems. Non-
Federal lands within the unit are addressed in the El Paso County HCP
currently being developed.
Jumping mice presumed to be the Preble's have been captured
throughout this unit and specimens from the Academy and within the unit
have been verified as the Preble's through genetic and morphological
examination.
Effects of Critical Habitat Designation
Designating critical habitat does not, in itself, lead to the
recovery of a listed species. The designation does not establish a
reserve, create a management plan, establish numerical population
goals, prescribe specific management practices (inside or outside of
critical habitat), or directly affect areas not designated as critical
habitat. Specific management recommendations for areas designated as
critical habitat are most appropriately addressed in recovery and
conservation plans, and through section 7 consultation and section 10
permits.
However, designation of critical habitat can help focus
conservation activities for listed species by identifying areas
essential to conserve the species. Designation of critical habitat also
alerts the public, as well as land-managing agencies, to the importance
of these areas. As a result of critical habitat designation, Federal
agencies may be able to prioritize landowner incentive programs such as
Conservation Reserve Program enrollment and other private landowner
agreements that benefit the Preble's. Critical habitat designation also
may assist States and local governments in prioritizing their
conservation and land management programs.
ESA Section 7 Consultation
The regulatory effects of a critical habitat designation under the
Act are triggered through the provisions of section 7, which applies
only to activities conducted, authorized, or funded by a Federal agency
(Federal actions). Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR 402.
Individuals, organizations, States, local governments, and other non-
Federal entities are not affected by the designation of critical
habitat unless their actions occur on Federal lands, require Federal
authorization, or involve Federal funding.
Section 7(a)(2) of the Act requires Federal agencies, including us,
to insure that their actions are not likely to jeopardize the continued
existence of a listed species or result in the destruction or adverse
modification of designated critical habitat. This requirement is met
through section 7
[[Page 47170]]
consultation under the Act. Adverse modification might result from
alterations that include, but are not limited to, adverse changes to
the physical or biological features, i.e., the primary constituent
elements, that were the basis for determining the habitat to be
critical.
Conference for Proposed Critical Habitat
Section 7(a)(4) of the Act requires Federal agencies to confer with
us on any action that is likely to result in the destruction or adverse
modification of proposed critical habitat. The regulations for
interagency cooperation regarding proposed critical habitat are
codified at 50 CFR 402.10. During a conference on the effects of a
Federal action on proposed critical habitat, we make non-binding
recommendations on ways to minimize or avoid adverse effects of the
action. We document these recommendations and any conclusions reached
in a conference report provided to the Federal agency and to any
applicant involved.
If requested by the Federal agency and deemed appropriate by us,
the conference may be conducted in accordance with the procedures for
formal consultation under 50 CFR 402.14. We may adopt an opinion issued
at the conclusion of the conference as our biological opinion when the
critical habitat is designated by final rule, but only if new
information or changes to the proposed Federal action would not
significantly alter the content of the opinion.
Consultation for Designated Critical Habitat
If a Federal action may affect a listed species or its designated
critical habitat, the action agency must initiate consultation with us
(50 CFR 402.14). Through this consultation, we would advise the agency
whether the action would likely jeopardize the continued existence of
the species or adversely modify its critical habitat.
When we issue a biological opinion that concludes that an action is
likely to result in the destruction or adverse modification of critical
habitat, we must provide reasonable and prudent alternatives to the
action, if any are identifiable. Reasonable and prudent alternatives
are actions identified during consultation that can be implemented in a
manner consistent with the intended purpose of the proposed action, are
consistent with the scope of the action agency's authority and
jurisdiction, are economically and technologically feasible, and would
likely avoid the destruction or adverse modification of critical
habitat (50 CFR 402.02).
Reinitiation of Prior Consultations
A Federal agency may request a conference with us for any
previously reviewed action that is likely to destroy or adversely
modify proposed critical habitat and over which the agency retains
discretionary involvement or control, as described above under
``Conference for Proposed Critical Habitat.'' Following designation of
critical habitat, regulations at 50 CFR 402.16 require a Federal agency
to reinitiate consultation for previously reviewed actions that may
affect critical habitat and over which the agency has retained
discretionary involvement or control.
Federal Actions That May Destroy or Adversely Modify Preble's Meadow
Jumping Mouse Critical Habitat
Section 4(b)(8) of the Act requires us, in any proposed or final
rule designating critical habitat, to briefly describe and evaluate
those activities that may adversely modify such habitat, or that may be
affected by such designation.
Federal actions that, when carried out, funded or authorized by a
federal agency, may destroy or adversely modify critical habitat for
the Preble's include, but are not limited to:
(1) Any activity that results in development or alteration of the
landscape within a unit, including land clearing; activities associated
with construction for urban and industrial development, roads, bridges,
pipelines, or bank stabilization; agricultural activities such as
plowing, discing, haying, or intensive grazing; off-road vehicle
activity; and mining or drilling of wells;
(2) Any activity that results in changes in the hydrology of the
unit, including construction, operation, and maintenance of levees,
dams, berms, and channels; activities associated with flow control
(e.g., releases, diversions, and related operations); irrigation;
sediment, sand, or gravel removal; and other activities resulting in
the draining or inundation of a unit;
(3) Any sale, exchange, or lease of Federal land that is likely to
result in the habitat in a unit being destroyed or appreciably
degraded;
(4) Any activity that detrimentally alters natural processes in a
unit including the changes to inputs of water, sediment and nutrients,
or that significantly and detrimentally alters water quantity in the
unit; and
(5) Any activity that could lead to the introduction, expansion, or
increased density of exotic plant or animal species that are
detrimental to the Preble's and to its habitat.
Federal actions not affecting listed species or critical habitat
and actions on non-Federal lands that are not federally funded or
permitted do not require section 7 consultation.
Previous Section 7 Consultations
Many section 7 consultations for Federal actions affecting the
Preble's and its habitat have preceded this critical habitat proposal,
including, but not limited to:
(1) Activities on Federal lands including those of the Department
of Defense, Forest Service, Department of Energy, and Bureau of Land
Management;
(2) Activities affecting waters of the United States by the Corps
of Engineers under section 404 of the Clean Water Act;
(3) Licensing or relicensing of dams by the Federal Energy
Regulatory Commission;
(4) Development, operation, and maintenance of dams, canals, and
other means of directing flows by the Corps of Engineers and the Bureau
of Reclamation;
(5) Funding and regulation of highway and bridge construction, and
improvements by the Federal Highway Administration;
(6) Licensing or construction of communication sites by the Federal
Communications Commission;
(7) Hazard mitigation and post-disaster repairs funded by the
Federal Emergence Management Agency; and
(8) Issuance of Endangered Species Act section 10(a)(1)(B) permits
by the Fish and Wildlife Service.
If you have any questions regarding whether specific activities
will likely constitute destruction or adverse modification of critical
habitat, contact LeRoy Carlson, Field Supervisor, Colorado Ecological
Services Field Office (see FOR FURTHER INFORMATION CONTACT). Requests
for copies of regulations on listed wildlife and inquiries about
prohibitions and permits may be addressed to U.S. Fish and Wildlife
Service, Ecological Services, P.O. Box 25486, DFC, Denver, CO 80225-
0486 (telephone 303-236-7400; facsimile 303-236-0027).
Relationship of Critical Habitat to Military Lands
The Sikes Act Improvements Act of 1997 (Sikes Act) requires each
military installation that includes land and water suitable for the
conservation and management of natural resources to complete, by
November 17, 2001, an Integrated Natural Resources Management Plan
(INRMP). An INRMP integrates implementation of the
[[Page 47171]]
military mission of the installation with stewardship of the natural
resources found there. Each INRMP includes an assessment of the
ecological needs on the installation, including needs to provide for
the conservation of listed species; a statement of goals and
priorities; a detailed description of management actions to be
implemented to provide for these ecological needs; and a monitoring and
adaptive management plan. We consult with the military on the
development and implementation of INRMPs for installations with listed
species. Bases that have completed and approved INRMPs that address the
needs of the species generally do not meet the definition of critical
habitat discussed above, as they require no additional special
management or protection. Therefore, we do not include these areas in
critical habitat designations if they meet the following three
criteria: (1) A current INRMP must be complete and provide a
conservation benefit to the species; (2) the plan must provide
assurances that the conservation management strategies will be
implemented; and (3) the plan must provide assurances that the
conservation management strategies will be effective, by providing for
periodic monitoring and revisions as necessary. If all of these
criteria are met, then the lands covered under the plan would not meet
the definition of critical habitat.
In place at the Air Force Academy in El Paso County, CO are an
INRMP, a 1999 Conservation and Management Plan for Preble's Meadow
Jumping Mouse on the U.S. Air Force Academy, and a 2000 programmatic
section 7 consultation addressing certain activities on the Academy
that may affect the Preble's. The conservation and management plan
provides guidance for U.S. Air Force management decisions regarding the
Preble's and its habitat over five years (2000--2005). While it was
based upon the most current scientific knowledge available at the time
that it was developed, research regarding Preble's is ongoing at the
Academy and the conservation and management plan will be updated as new
information is collected.
We have reviewed these measures and have determined that they
address the three criteria identified above. Therefore, Academy lands
do not meet the definition of critical habitat and are not included in
this proposed designation of critical habitat for the Preble's. To
date, the Academy is the only Department of Defense installation that
has completed a final INRMP that provides for sufficient conservation,
management and protection for the Preble's.
Relationship to Habitat Conservation Plans and Other Planning Efforts
Section 10(a) of the Act authorizes us to issue permits for private
actions which result in the taking of listed species incidental to
otherwise lawful activities. Incidental take permit applications must
be supported by an HCP that identifies conservation measures that the
permittee agrees to implement for the species to minimize and mitigate
the impacts of the requested incidental take. Currently a limited
number of small HCPs covering the Preble's or its habitat have been
approved and regional or county-wide HCPs are being developed in a few
instances. We have not proposed to exclude any lands from this critical
habitat designation on the basis of existing HCPs. However, HCPs that
will likely include proposed critical habitat are currently under
development. Should any of these HCPs be approved by the Service prior
to finalization of a rule designating critical habitat, we will
consider whether the area covered by the HCP does not represent
critical habitat due to adequate existing protection and management
under the HCP.
In the event that future HCPs covering the Preble's are developed
within the boundaries of designated critical habitat after finalization
of the critical habitat designation, we will provide technical
assistance and work closely with the applicants to identify lands
essential for the long-term conservation of the Preble's, ensure that
the HCPs provide for protection and management of habitat areas
essential to the Preble's by either directing development and habitat
modification to nonessential areas, or appropriately modifying
activities within essential habitat areas so that such activities will
not adversely modify the primary constituent elements. The HCP
development process provides an opportunity for more intensive analysis
and data collection regarding the use of particular habitat areas by
the Preble's and a more detailed analysis of the importance of such
lands.
Economic Analysis
Section 4(b)(2) of the Act requires us to designate critical
habitat on the basis of the best scientific and commercial information
available, and to consider the economic and other relevant impacts of
designating these areas as critical habitat. We may exclude areas from
critical habitat upon a determination that the benefits of such
exclusions outweigh the benefits of designating these areas as critical
habitat. We cannot exclude areas from critical habitat when the
exclusion will result in the extinction of the species. We will conduct
an analysis of the economic impacts of designating these areas as
critical habitat prior to a final determination. When completed, we
will announce the availability of the draft economic analysis with a
notice in the Federal Register and reopen the comment period at the
time to accept comments on the economic analysis or, if necessary,
further comments on the proposed rule. The economic analysis will be
available at http://www.R6.FWS.GOV/preble. This economic analysis will
serve as the basis of our analysis under section 4(b)(2), and of any
exclusions. As this economic analysis is not yet completed, we are not
yet able to identify proposed exclusions under section 4(b)(2) in this
proposed rule. We will review this analysis, public comments on the
analysis and this proposed rule, and the benefits of designating areas
as critical habitat; we may identify certain proposed areas that should
be excluded from the final critical habitat designation, provided these
exclusions will not result in the extinction of the species. As a
result, the final critical habitat determination may differ from this
proposal.
Public Comments Solicited
We intend any final action resulting from this proposal to be as
accurate and as effective as possible. Therefore, we solicit comments
or suggestions from the public, other concerned governmental agencies,
the scientific community, industry, or any other interested party
concerning this proposed rule. We particularly seek comments
concerning:
(1) Reasons why any habitat should or should not be determined to
be critical habitat as provided by section 4 of the Act, including
whether the benefits of designation will outweigh any threats to the
species due to designation;
(2) Specific information on the amount and distribution of the
Preble's habitat, and what habitat is essential to the conservation of
the species and why;
(3) Land use practices, and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
(4) Any foreseeable economic or other impacts resulting from the
proposed designation of critical habitat, in particular, any impacts on
small entities or families;
(5) Economic and other values associated with designating critical
[[Page 47172]]
habitat for the Preble's, such as those derived from non-consumptive
uses (e.g., hiking, camping, birdwatching, enhanced watershed
protection, improved air quality, increased soil retention, ``existence
values,'' and reductions in administrative costs); and
(6) Whether our approach to critical habitat designation could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concern and comments.
If you wish to comment, you may submit your comments and materials
concerning this proposal by any one of several methods (see ADDRESSES).
If you would like to submit comments by electronic format, please
submit them in ASCII file format and avoid the use of special
characters and encryption. Please include your name and return e-mail
address in your e-mail message. Please note that the e-mail address
will be closed out at the termination of the public comment period. If
you do not receive confirmation from the system that we have received
your message, contact us directly by calling our Colorado Ecological
Services Field Office at 303-275-2370.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address, which we will honor to the extent allowable by law.
If you wish us to withhold your name or address, you must state this
request prominently at the beginning of your comments. However, we will
not consider anonymous comments. To the extent consistent with
applicable law, we will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety. Comments and materials
received will be available for public inspection, by appointment,
during normal business hours at the above address.
Peer Review
In accordance with our policy published on July 1, 1994 (59 FR
34270), we will seek the expert opinions of at least three appropriate
and independent specialists regarding this proposed rule. The purpose
of such review is to ensure decisions are based on scientifically sound
data, assumptions, and analyses. We will send these peer reviewers
copies of this proposed rule immediately following publication in the
Federal Register. We will invite these peer reviewers to comment,
during the public comment period, on the specific assumptions and
conclusions regarding the proposed designation of critical habitat.
We will consider all comments and data received during the 60-day
comment period on this proposed rule during preparation of a final
rule. Accordingly, the final rule may differ from this proposal.
Public Hearings
The Act provides for one or more public hearings on this proposal,
if requested. Requests for public hearings must be made at least 15
days prior to the close of the public comment period. We will schedule
public hearings on this proposal, if requested, and announce the dates,
times, and places of those hearings in the Federal Register and local
newspapers at least 15 days prior to the first hearing.
We plan to schedule at least three informal public meetings in
Wyoming and Colorado to provide information on and an opportunity for
discussion of this proposed rule. The dates, times, and places of these
meetings will be publicized by the Service, including announcements in
local newspapers.
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations and
notices that are easy to understand. We invite your comments on how to
make this proposed rule easier to understand including answers to
questions such as the following--(1) Are the requirements in the
proposed rule clearly stated? (2) Does the proposed rule contain
technical language or jargon that interferes with the clarity? (3) Does
the format of the proposed rule (grouping and order of sections, use of
headings, paragraphing, etc.) aid or reduce its clarity? (4) Is the
description of the proposed rule in the SUPPLEMENTARY INFORMATION
section of the preamble helpful in understanding the proposal? (5) What
else could we do to make the proposed rule easier to understand?
Send a copy of any comments that concern how we could make this
proposed rule easier to understand to: Office of Regulatory Affairs,
Department of the Interior, Room 7229, 1849 C Street, NW, Washington,
DC 20240. You may also e-mail comments to: Exsec@ios.doi.gov.
Required Determinations
Regulatory Planning and Review
In accordance with Executive Order 12866, this document is a
significant rule and was reviewed by the Office of Management and
Budget (OMB). We are preparing a draft economic analysis of this
proposed action. We will use this analysis to meet the requirement of
section 4(b)(2) of the Act to determine the economic consequences of
designating the specific areas as critical habitat and excluding any
area from critical habitat if it is determined that the benefits of
such exclusion outweigh the benefits of specifying such areas as part
of the critical habitat, unless failure to designate such area as
critical habitat will lead to the extinction of the Preble's. This
analysis will be available for public comment before finalizing this
designation. The availability of the draft economic analysis will be
announced in the Federal Register and in local newspapers.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
In the economic analysis, we will determine whether designation of
critical habitat will have a significant effect on a substantial number
of small entities. As indicated on Table 1 (see ``Critical Habitat
Designation''), we have proposed designating property owned by Federal,
State, and local governments, and private entities.
Within these areas, the types of Federal actions or authorized
activities that we have identified as potential concerns are:
(1) Activities on Federal lands including the Department of
Defense, Forest Service, Department of Energy, and Bureau of Land
Management;
(2) Regulations of activities affecting waters of the United States
by the Corps of Engineers under section 404 of the Clean Water Act;
(3) Licensing or relicensing of dams by the Federal Energy
Regulatory Commission;
(4) Development, operations, and maintenance of dams, canals, and
other means of directing flows by the Corps of Engineers and Bureau of
Reclamation;
(5) Funding and regulation of highway and bridge construction and
improvements by the Federal Highway Administration;
(6) Licensing or construction of communication sites by the Federal
Communications Commission;
(7) Hazard mitigation and post-disaster repairs funded by the
Federal Emergency Management Agency; and
(8) Issuance of Endangered Species Act section 10(a)(1)(B) permits
by the Fish and Wildlife Service.
Many of these activities sponsored by Federal agencies within the
proposed critical habitat areas are carried out by small entities (as
defined by the Regulatory Flexibility Act) through
[[Page 47173]]
contract, grant, permit, or other Federal authorization. These actions
are currently required to comply with the listing protections of the
Act, and the designation of critical habitat is not anticipated to have
significant additional effects on these activities in areas of critical
habitat occupied by the species.
For actions on non-Federal property that do not have a Federal
connection (such as funding or authorization), the current restrictions
concerning take of the species remain in effect, and this rule will
have no additional restrictions.
Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))
In the economic analysis, we will determine whether designation of
critical habitat will cause--(a) any effect on the economy of $100
million or more; (b) any increases in costs or prices for consumers,
individual industries, Federal, State, Tribal, or local government
agencies, or geographic regions; or (c) any significant adverse effects
on competition, employment, investment, productivity, innovation, or
the ability of United States-based enterprises to compete with foreign-
based enterprises.
Energy Supply, Distribution or Use (Executive Order 13211)
On May 18, 2001, the President issued an Executive Order (E.O.
13211) on regulations that significantly affect energy supply,
distribution, and use. Executive Order 13211 requires agencies to
prepare Statements of Energy Effects when undertaking certain actions.
Though this proposed rule is a significant regulatory action under
Executive Order 12866, it is not expected to significantly affect
energy supplies, distribution, or use. Therefore, this action is not a
significant energy action and no Statement of Energy Effects is
required.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.), the Service will use the economic analysis to further
evaluate this situation.
Takings
In accordance with Executive Order 12630, this rule does not have
significant takings implications, and a takings implication assessment
is not required. As discussed above, the designation of critical
habitat affects only Federal agency actions. The rule will not increase
or decrease the current restrictions on private property concerning
take of the Preble's as defined in section 9 of the Act and its
implementing regulations (50 FR 17.31). Due to current public knowledge
of the species' protection, the prohibition against take of the
Preble's both within and outside of the proposed areas, and the fact
that critical habitat provides no incremental restrictions, we do not
anticipate that property values will be affected by the critical
habitat designation. Additionally, critical habitat designation does
not preclude development of HCPs and issuance of incidental take
permits. Landowners in areas that are included in the designated
critical habitat will continue to have the opportunity to utilize their
property in ways consistent with the conservation of the Preble's.
Federalism
In accordance with Executive Order 13132, the rule does not have
significant Federalism effects. A Federalism assessment is not
required. In keeping with Department of the Interior policy, the
Service requested information from and coordinated development of this
critical habitat proposal with appropriate State resource agencies in
Wyoming and Colorado. We will continue to coordinate any future
designation of critical habitat for the Preble's with the appropriate
State agencies. The designation of critical habitat for the Preble's
imposes few additional restrictions to those currently in place and,
therefore, has little incremental impact on State and local governments
and their activities. The designation may have some benefit to these
governments in that the areas essential to the conservation of the
species are more clearly defined and the primary constituent elements
of the habitat necessary to the conservation of the species are
specifically identified. While making this definition and
identification does not alter where and what federally-sponsored
activities may occur, doing so may assist these local governments in
long-range planning (rather than waiting for case-by-case section 7
consultations to occur).
Civil Justice Reform
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that the rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order. We are proposing to designate critical habitat in
accordance with the provisions of the Act and plan public meetings on
the proposed designation during the comment period. The rule uses
standard property descriptions and identifies the primary constituent
elements within the designated areas to assist the public in
understanding the habitat needs of the Preble's.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any information collection requirements
for which Office of Management and Budget approval under the Paperwork
Reduction Act is required. An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless it displays a valid OMB control number.
National Environmental Policy Act
Our position is that, outside the Tenth Circuit, we do not need to
prepare environmental analyses as defined by the National Environmental
Policy Act (NEPA) in connection with designating critical habitat under
the Endangered Species Act of 1973, as amended. We published a notice
outlining our reasons for this determination in the Federal Register on
October 25, 1983 (48 FR 49244). This assertion was upheld in the courts
of the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir.
Ore. 1995), cert. denied 116 S. Ct. 698 (1996)). However, when the
range of the species includes States within the Tenth Circuit, pursuant
to the Tenth Circuit ruling in Catron County Board of Commissioners v.
U.S. Fish and Wildlife Service, 75 F.3d 1429 (10th Cir. 1996), we will
complete a NEPA analysis with an Environmental Assessment. The range of
the Preble's includes States within the Tenth Circuit; therefore, we
are completing an Environmental Assessment and will announce its
availability in the Federal Register.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
readily acknowledge our responsibility to communicate meaningfully with
recognized Federal Tribes on a government-to-government basis. We are
required to assess the effects of critical habitat designation on
tribal lands and tribal trust resources. We believe that no tribal
lands or tribal trust resources are essential for the conservation of
the Preble's.
References Cited
A complete list of all references cited in this final rule is
available upon request from the Colorado Fish and
[[Page 47174]]
Wildlife Service Field Office (see ADDRESSES).
Author
The primary author of this proposed rule is Peter Plage, Biologist,
of the Colorado Ecological Services Field Office (see ADDRESSES).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose 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. In Sec. 17.11(h), revise the entry for ``Mouse, Preble's meadow
jumping'' under ``MAMMALS'' 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Mouse, Preble's meadow jumping... Zapus hudsonius U.S.A. (CO, WY).... Entire............. T 636 17.95(a) NA
preblei.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Amend Sec. 17.95(a) by adding critical habitat for the Preble's
meadow jumping mouse (Zapus hudsonius preblei) in the same alphabetical
order as the species occurs in Sec. 17.11(h) to read as follows:
Sec. 17.95 Critical habitat--fish and wildlife.
(a) Mammals. * * *
Preble's Meadow Jumping Mouse (Zapus hudsonius preblei)
(1) Critical habitat units are depicted for Wyoming and Colorado.
Maps and description follow.
(2) Within these areas, the primary constituent elements for the
Preble's include those habitat components essential for the biological
needs of reproducing, rearing of young, foraging, sheltering,
hibernation, dispersal, and genetic exchange. The primary constituent
elements are found in and near riparian areas located within grassland,
shrubland, forest, and mixed vegetation types where dense herbaceous or
woody vegetation occurs near the ground level, where available open
water exists during their active season, and where there are ample
upland habitats of sufficient width and quality for foraging,
hibernation, and refugia from catastrophic flooding events. Primary
constituent elements associated with the biological needs of dispersal
and genetic exchange also are found in areas that provide connectivity
or linkage between or within Preble's populations. The dynamic
ecological processes that create and maintain Preble's habitat also are
important primary constituent elements. Primary constituent elements
include:
(i) A pattern of dense riparian vegetation consisting of grasses,
forbs, and shrubs in areas along rivers and streams that provide open
water through the Preble's active season;
(ii) Adjacent floodplains and vegetated uplands with limited human
disturbance (including hayed fields, grazed pasture, other agricultural
lands that are not plowed or disced regularly, areas that have been
restored after past aggregate extraction, areas supporting recreational
trails, and urban/wildland interfaces);
(iii) Areas that provide connectivity between and within
populations. These may include river and stream reaches with minimal
vegetative cover or that are armored for erosion control, travel ways
beneath bridges, through culverts, along canals and ditches, and other
areas that have experienced substantial human alteration or
disturbance; and
(iv) Dynamic geomorphological and hydrological processes typical of
systems within the range of the Preble's, i.e., those processes that
create and maintain river and stream channels, floodplains, and
floodplain benches, and promote patterns of vegetation favorable to the
Preble's.
(3) Existing features and structures within the boundaries of the
mapped units, such as buildings, roads, parking lots, other paved
areas, lawns, other urban and suburban landscaped areas, regularly
plowed or disced agricultural areas, and other features not containing
any of the primary constituent elements are not considered critical
habitat.
(4) Critical Habitat Units--Wyoming Index Map Follows:
BILLING CODE 4310-55-P
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[[Page 47176]]
(5) Map Unit NP1: Cottonwood Creek, Albany, Platte, and Converse
Counties, Wyoming.
(i) This unit consists of the following:
43.3 km (26.9 mi) of streams. Cottonwood Creek from the confluence
with Held Creek at (42 18 44N 105 14 50W, T.27N., R.70W., Sec. 16)
upstream to (42 14 34N 105 26 04W, T.26N., R.72W., Sec. 12). Includes
Preacher Creek from its confluence with Cottonwood Creek at (42 18 43N
105 16 51W, T.27N., R.70W., Sec. 17) upstream to (42 16 39N 105 18 22W,
T.27N., R.71W., Sec. 25). Also includes an unnamed tributary from its
confluence with Cottonwood Creek at (42 17 24N 105 21 12W, T.27N.,
R.71W., south boundary Sec. 22) upstream to (42 17 39N 105 23 13W,
T.27N., R.71W., Sec. 20). Also includes another unnamed tributary from
its confluence with Cottonwood Creek at (42 16 51N 105 21 23W, T.27N.,
R.71W., Sec. 28) upstream to (42 16 46N 105 21 59W, T.27N., R.71W.,
Sec. 28). Also includes North Cottonwood Creek from its confluence with
Cottonwood Creek at (42 16 39N 105 21 21W, T.27N., R.71W., Sec. 28)
upstream to (42 16 51N 105 23 59W, T.27N., R.71W., Sec. 30). Which
includes an unnamed tributary from its confluence North Cottonwood
Creek at (42 16 15N 105 21 57W, T.27N., R.71W., Sec. 33) upstream to
(42 15 48N 105 22 30W, T.27N., R.71W., Sec. 32). Cottonwood Creek
includes another unnamed tributary from its confluence with Cottonwood
Creek at (42 16 08N 105 21 38W, T.27N., R.71W., Sec. 33) upstream to
(42 15 17N 105 20 39W, T.26N., R.71W., Sec. 3). Also includes a final
tributary, Kloer Creek from its confluence with Cottonwood Creek at (42
14 30N 105 25 49W, T.26N., R.72W., Sec. 12) upstream to (42 14 20N 105
26 00W, T.26N., R.72W., Sec. 12).
(ii) Map Unit NP1 follows:
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[[Page 47178]]
(6) Map Unit NP2: Horseshoe Creek, Albany County, Wyoming.
(i) This unit consists of the following:
6.5 km (4.1 mi) of streams. Horseshoe Creek from the confluence
with Soldier Creek at (42 23 07N 105 19 30W, T.28N., R.71W., Sec. 23)
upstream to the confluence with Mary Cooper Creek at (42 22 20N 105 23
30W, T.28N., R.71W., Sec. 29).
(ii) Map Unit NP2 follows:
[[Page 47179]]
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[[Page 47180]]
(7) Map Unit NP3: Chugwater Creek, Albany, Laramie, and Platte
Counties, Wyoming.
(i) This unit consists of the following:
179.4 km (111.5 mi) of streams. Chugwater Creek from (41 49 41N 104
48 03W, T.21N., R.66W., north boundary Sec. 5) upstream to Farthing
Reservoir (41 32 36N 105 14 31W, T.18N., R.70W., Sec. 9). Includes
Spring Creek from its confluence with Chugwater Creek (41 38 10N 105 05
56W, T.19N., R.69W., Sec. 10) upstream to (41 39 00N 105 13 58W,
T.19N., R.70W., Sec. 4). Includes Threemile Creek from its confluence
with Chugwater Creek (41 36 22N 105 08 23W, T.19N., R.69W., Sec. 20)
upstream to (41 37 51N 105 14 59W, T.19N., R.70W., west boundary Sec.
9). Also includes Sand Creek from its confluence with Chugwater Creek
(41 34 09N 105 12 37W, T.18N., R.70W., north boundary Sec. 3) upstream
to (41 31 12N 105 12 54W, T.18N., R.70W., Sec. 22). Also includes
Middle Chugwater Creek from its confluence with Chugwater Creek (41 33
55N 105 14 20W, T.18N., R.70W., Sec. 4) upstream to (41 34 23N 105 21
32W, T.19N., R.71W., Sec. 33). Which includes Shanton Creek from its
confluence with Middle Chugwater Creek at (41 34 36N 105 19 05W,
T.19N., R.71W., Sec. 35) upstream to (41 34 12N 105 20 41W, T.19N.,
R.71W., southwest corner Sec. 34). Also includes Strong Creek from its
confluence with Middle Chugwater Creek at (41 35 04N 105 19 36W,
T.19N., R.71W., Sec. 34) upstream to (41 36 16N 105 20 25W, T.19N.,
R.71W., Sec. 22). Middle Chugwater Creek also includes an unnamed
tributary from its confluence with Middle Chugwater Creek at (41 34 56N
105 20 54W, T.19N., R.71W., Sec. 33) upstream to (41 35 14N 105 22 17W,
T.19N., R.71W., Sec. 29). Finally, another unnamed tributary from its
confluence with Middle Chugwater Creek at (41 34 43N 105 21 28W,
T.19N., R.71W., Sec. 33) upstream to (41 34 47N 105 21 56W, T.19N.,
R.71W., Sec. 32). Another included tributary of Chugwater Creek is
Spring Creek from its confluence with Chugwater Creek at (41 32 57N 105
14 27W, T.18N., R.70W., Sec. 9) upstream to (42 32 03N 105 19 17W,
T.18N., R.71W., Sec. 15). South Chugwater Creek is included in the unit
from the ending point of Chugwater Creek at Farthing Reservoir (41 32
36N 105 14 31W, T.18N., R.70W., Sec. 9) upstream to (41 30 42N 105 20
03W, T.18N., R.71W., north boundary Sec. 27). Includes Ricker Creek
from its confluence with South Chugwater Creek at (41 31 04N 105 16
07W, T.18N., R.70W., Sec. 19) upstream to (41 29 24N 105 16 39W,
T.18N., R.70W., Sec. 31).
(ii) Map Unit NP3 follows:
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[[Page 47182]]
(8) Map Unit NP4: Friend Creek and Murphy Canyon, Albany County,
Wyoming.
(i) This unit consists of the following:
32 km (19.9 mi) of streams. Includes 2 subunits. Subunit Murphy
Canyon from its confluence with Sturgeon Creek at (42 11 27N 105 23
58W, T.26N., R.71W., Sec. 30) upstream to (42 13 07N 105 21 48W,
T.26N., R.71W., north boundary Sec. 21). Includes Clark Draw from its
confluence with Murphy Canyon at (42 12 03N 105 22 56W, T.26N., R.71W.,
Sec. 29) upstream to (42 13 05N 105 22 31W, T.26N., R.71W., north
boundary Sec. 20).
Subunit Friend Creek includes Bear Creek from (42 12 02N 105 28
00W, T.26N., R.72W., Sec. 27) upstream to (42 12 46N 105 31 05W,
T.26N., R.72W., Sec. 19). Includes Arapaho Creek from its confluence
with Bear Creek at (42 12 30N 105 28 35W, T.26N., R.72W., Sec. 22)
upstream to (42 13 32N 105 27 37W, T.26N., R.72W., Sec. 15). Includes
an unnamed tributary from its confluence with Arapaho Creek at (42 13
11N 105 27 38W, T.26N., R.72W., Sec.15) upstream to (42 13 18N 105 27
53W, T.26N., R.72W., Sec.15). Bear Creek also includes an unnamed
tributary from its confluence with Bear Creek at (42 12 22N 105 29 18W,
T.26N., R.72W., Sec. 21) upstream to (42 12 11N 105 29 59W, T.26N.,
R.72W., Sec. 20). Also includes Friend Creek from its confluence with
Bear Creek at (42 12 48N 105 30 03W, T.26N., R.72W., Sec.20) upstream
to (42 15 48N 105 28 18W, T.27N., R.72W., Sec. 34). Which includes an
unnamed tributary from its confluence with Friend Creek at (42 15 03N
105 29 34W, T.26N., R.72W., Sec. 4) upstream to (42 15 48N 105 29 18W,
T.27N., R.72W., Sec. 33). Which includes another unnamed tributary from
its confluence with the aforementioned unnamed tributary at (42 15 23N
105 29 28W, T.26N., R.72W., Sec. 4) upstream to (42 15 44N 105 29 43W,
T.27N., R.72W., Sec. 33). Bear Creek finally includes an unnamed
tributary from its confluence with Bear Creek at (42 12 54N 105 30 26W,
T.26N., R.72W., Sec. 20) upstream to (42 14 36N 105 31 17W, T.26N.,
R.72W., Sec. 7). Which includes an unnamed tributary from its
confluence with the aforementioned unnamed tributary at (42 13 32N 105
30 55W, T.26N., R.72W., Sec. 17) upstream to (42 13 37N 105 31 24W,
T.26N., R.72W., Sec. 18).
(ii) Map Unit NP4 follows:
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[[Page 47184]]
(9)Map Unit NP5: Horse Creek, Laramie County, Wyoming.
(i) This unit consists of the following:
84.1 km (52.3 mi) of streams. Horse Creek from (41 27 46N 104 52
40W, T.17N., R.67W., Sec. 10) upstream to (41 24 59N 105 15 40W,
T.17N., R.70W., Sec. 29). Includes Dry Creek from its confluence with
Horse Creek (41 25 12N 105 08 54W, T.17N., R.69W., Sec. 29) upstream to
Highway 211 (41 23 29N 105 10 11W, T.16N., R.69W., Sec. 6). Also
includes South Fork Horse Creek from its confluence with Horse Creek
(41 25 07N 105 10 22W, T.17N., R.70W., Sec. 25) upstream to (41 23 52N
105 14 32W, T.17N., R.70W., Sec. 33). Also includes North Fork Horse
Creek from its confluence with Horse Creek (41 25 27N 105 11 33W,
T.17N., R.70W., Sec. 23) upstream to (41 27 05N 105 16 32W, T.17N.,
R.70W., Sec. 18). Which includes Mill Creek from its confluence with
North Fork Horse Creek (41 25 40N 105 11 38W, T.17N., R.70W., Sec. 23)
upstream to (41 26 06N 105 15 24W, T.17N., R.70W., Sec. 20).
(ii) Map Unit NP5 follows:
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[[Page 47186]]
(10) Map Unit SP1: Lodgepole Creek and Upper Middle Lodgepole
Creek, Laramie County, Wyoming.
(i) This unit consists of the following:
20.8 km (13 mi) of streams. Consists of 2 subunits. Subunit
Lodgepole Creek, Laramie County, from Highway 211 (41 19 53N 105 08
35W, T.16N., R.69W., Sec. 29) upstream to the confluence of North
Lodgepole Creek and Middle Lodgepole Creek (41 19 17N 105 11 52W,
T16N., R.70W., Sec. 26). Includes North Lodgepole Creek from the
aforementioned confluence (41 19 17N 105 11 52W, T16N., R.70W., Sec.
26) upstream to (41 19 27N 105 13 54W, T.16N., R.70W., west boundary
Sec. 27). Also includes Middle Lodgepole Creek from (41 19 17N 105 11
52W, T16N., R.70W., Sec. 26) upstream to (41 18 40N 105 13 19W, T.16N.,
R.70W., Sec. 34).
Subunit Middle Lodgepole Creek, Albany County, includes Middle
Lodgepole Creek from the boundary of Medicine Bow National Forest (41
17 06N 105 17 27W, T15N., R.71W., east boundary Sec. 12) upstream to
the confluence of North Branch Middle Lodgepole Creek and Middle Branch
Middle Lodgepole Creek (41 16 48N 105 18 10W, T.15N., R.71W., Sec. 12).
Includes Middle Branch Middle Lodgepole Creek from the aforementioned
confluence (41 16 48N 105 18 10W, T.15N., R.71W., Sec. 12) upstream to
(41 16 29N 105 19 31W, T.15N., R.71W., Sec. 14). Also includes North
Branch Middle Lodgepole Creek from the aforementioned confluence (41 16
48N 105 18 10W, T.15N., R.71W., Sec. 12) upstream to (41 16 58N 105 20
43W, T.15N., R.71W., Sec. 10). Which includes an unnamed tributary from
its confluence with North Branch Middle Lodgepole Creek (41 16 56N 105
19 11W, T.15N., R.71W., Sec. 11) upstream to (41 17 12N 105 19 36W,
T.15N., R.71W., Sec. 11).
(ii) Map Unit SP1 follows:
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[[Page 47188]]
(11) Map Unit SP2: F.E. Warren Air Force Base, Laramie County,
Wyoming.
(i) This unit consists of the following:
5.7 km (3.6 mi) of stream. Crow Creek within the boundary of Warren
Air Force Base from (41 08 01N 104 50 21W, T.14N., R.67W., Sec. 36)
upstream to (41 09 30N 104 52 48W, T.14N., R.67W., Sec. 27).
(ii) Map Unit SP2 follows:
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[[Page 47190]]
(12) Map Unit SP3: Lone Tree Creek, Laramie County, Wyoming.
(i) This unit consists of the following:
18.7 km (11.7 mi) of streams. Includes 2 subunits. Subunit Wyoming
includes Lone Tree Creek from (41 02 06N 104 54 40W, T.12N., R.67W.,
Sec. 5) upstream to (41 03 46N 104 56 48W, T.13N., R.68W., Sec. 25).
Includes Goose Creek from its confluence with Lone Tree Creek (41 02
55N 104 56 01W, T.13N., R.67W., Sec. 31) upstream to (41 03 01N 104 58
04W, T.13N., R.68W., Sec. 35). Which includes an unnamed tributary from
its confluence with Goose Creek (41 02 54N 104 57 41W, T.13N., R.68W.,
Sec. 36) upstream to (41 02 52N 104 57 59W, T.13N., R.68W., Sec. 35).
Subunit Colorado includes Lone Tree Creek from 40 54 49N 104 54
36W, T.11N., R.67W., south boundary Sec. 17) upstream to (40 58 18N 104
55 11W, T.12N., R.67W., north boundary Sec. 32).
(ii) Map Unit SP3 (Wyoming) follows:
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[[Page 47192]]
(13) Critical Habitat Units--Colorado Index Map Follows:
[GRAPHIC] [TIFF OMITTED] TP17JY02.013
[[Page 47193]]
(14) Map Unit SP3: Lone Tree Creek, Weld County, Colorado.
(i) This unit consists of the following:
141.8 km (88.1 mi) of streams and rivers. North Fork Cache La
Poudre River from Seaman Reservoir (40 43 03N 105 14 27W, T.9N.,
R.70W., Sec. 28) upstream to Halligan Reservoir spillway (40 52 49N 105
20 12W, T.11N., R.71W., Sec. 34). Includes Lone Pine Creek from its
confluence North Fork Cache La Poudre River (40 47 53N 105 15 28W,
T.10N., R.70W., Sec. 32) upstream and continuing upstream into North
Lone Pine Creek to 7,600 feet elevation (40 49 58N 105 34 09W, T.01N.,
R.73W., Sec. 15). Which includes Columbine Canyon from its confluence
with North Lone Pine Creek (40 49 48N 105 33 28W, T.10N., R.73W., Sec.
15) upstream to 7,600 feet elevation (40 49 33N 105 33 54W, T.10N.,
R.73W., Sec. 15). Also includes Stonewall Creek from its confluence
with North Fork Cache La Poudre River (40 48 19N 105 15 21W, T.10N.,
R.70W., Sec. 29) upstream to (40 53 26N 105 15 38W, T.11N., R.70W.,
Sec. 29). Which includes Tenmile Creek from its confluence with
Stonewall Creek (40 51 48N 105 15 30W, T.10N., R.70W., Sec. 5) upstream
to Red Mountain Road (40 53 00N 105 16 09W, T.11N., R.70W., Sec. 31).
Also includes Rabbit Creek from its confluence with North Fork Cache La
Poudre River (40 48 30N 105 16 04W, T.10N., R.70W., Sec. 30) upstream
to the confluence with North and Middle Forks of Rabbit Creek (40 49
34N 105 20 47W, T.10N., R 71W., Sec. 21). Also includes South Fork
Rabbit Creek from its confluence with Rabbit Creek (40 48 40N 105 19
43W, T.10N., R.71W., Sec. 27) upstream to (40 49 39N 105 24 40W,
T.10N., R.72W., north boundary Sec. 24). Which includes an unnamed
tributary from its confluence with South Fork Rabbit Creek (40 47 28N
105 20 45W, T.10N., R.71W., Sec. 33) upstream to (40 47 28N 105 23 10W,
T.10N., R.71W., Sec. 31). Which in turn has an unnamed tributary from
their confluence at (40 47 16N 105 21 45W, T.10N., R.71W., east
boundary Sec. 32) upstream to (40 46 54N 105 22 14W, T.9N., R.71W.,
Sec. 5). Also includes Middle Fork Rabbit Creek from its confluence
with Rabbit Creek (40 49 34N 105 20 47W, T.10N., R 71W., Sec. 21)
upstream to 7,600 feet elevation (40 49 46N 105 26 55W, T.10N., R.72W.,
Sec. 15). This includes an unnamed tributary from its confluence with
Middle Fork Rabbit Creek (40 49 56N 105 25 49W, T.10N., R.72W., Sec.
14) upstream to 7,600 feet elevation (40 48 48N 105 26 26W, T.10N.,
R.72W., Sec. 23). This unit includes North Fork Rabbit Creek from its
confluence with Rabbit Creek (40 49 34N 105 20 47W, T.10N., R.71W.,
Sec. 21) upstream to 7,600 feet elevation (40 49 38N 105 29 17W,
T.10N., R.72W., Sec. 17). Which includes an unnamed tributary from its
confluence with North Fork Rabbit Creek (40 50 45N 105 27 23W, T.10N.,
R.72W., Sec. 9) upstream to 7,600 feet elevation (40 50 57N 105 28 42W,
T.10N., R.72W., Sec. 9).
(ii) Map Unit SP3 (Colorado) follows:
BILLING CODE 4310-55-P
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(15) Map Unit SP4: North Fork Cache La Poudre River, Larimer
County, Colorado.
(i) This unit consists of the following:
82.4 km (51.2 mi) of streams and rivers. Cache La Poudre River from
Poudre Park (40 41 16N 105 18 25W, T.8N., R.71W., Sec. 2) upstream to
(40 42 02N 105 34 01W, T.9N., R.73W., west boundary Sec. 34). Includes
Hewlett Gulch from its confluence with Cache La Poudre River (40 41 16N
105 18 25W, T.8N., R.71W., Sec. 2) upstream to the boundary of
Arapahoe--Roosevelt National Forest (40 43 45N 105 19 06W, T.9N.,
R.71W., Sec. 23). Also includes Young Gulch from its confluence with
Cache La Poudre River (40 41 25N 105 20 56W, T.8N., R.71W., Sec. 4)
upstream to (40 39 13N 105 20 12W, T.8N., R.71W., south boundary Sec.
15). Also includes an unnamed tributary from its confluence with Cache
La Poudre River at Stove Prairie Landing (40 40 58N 105 23 21W, T.8N.,
R.71W., Sec. 6) upstream to (40 39 32N 105 22 34W, T.8N., R.71W., Sec.
17). Which includes Skin Gulch from its confluence with the
aforementioned unnamed tributary at (40 40 33N 105 23 15W, T.8N.,
R.71W., Sec. 7) upstream to (40 39 41N 105 24 13W, T.8N., R.72W., Sec.
13). Unit SP5 also includes Poverty Gulch from its confluence with
Cache La Poudre River (40 40 28N 105 25 42W, T.8N., R.72W., Sec. 11)
upstream to 7,600 feet elevation (40 39 02N 105 26 38W, T.8N., R.72W.,
Sec. 22). Also includes Elkhorn Creek from its confluence with Cache La
Poudre River (40 41 50N 105 26 24W, T.9N., R.72W., Sec. 34) upstream to
(40 44 04N 105 27 32W, T.9N., R.72W., Sec. 21). Also includes South
Fork Cache La Poudre River from its confluence with Cache La Poudre
River (40 41 10N 105 26 46W, T.8N., R.72W., Sec. 3) upstream to 7,600
feet elevation (40 38 49N 105 29 20W, T.8N., R.72W., Sec. 20). Which
includes Pendergrass Creek from its confluence with South Fork Cache La
Poudre River (40 39 54N 105 27 27W, T.8N., R.72W., Sec. 15) upstream to
7,600 feet elevation (40 38 34N 105 27 26W, T.8N., R.72W., Sec. 22).
Also included in the unit is Bennett Creek from its confluence with
Cache La Poudre River (40 40 26N 105 28 37W, T.8N., R.72W., Sec. 9)
upstream to 7,600 feet elevation (40 39 18N 105 31 31W, T.8N., R.73W.,
Sec. 13).
(ii) Map Unit SP4 follows:
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(16) Map Unit SP5: Cache La Poudre River, Larimer County, Colorado.
(i) This unit consists of the following:
82.4 km (51.2 mi) of streams and rivers. Cache La Poudre River from
Poudre Park (40 41 16N 105 18 25W, T.8N., R.71W., Sec. 2) upstream to
(40 42 02N 105 34 01W, T.9N., R.73W., west boundary Sec. 34). Includes
Hewlett Gulch from its confluence with Cache La Poudre River (40 41 16N
105 18 25W, T.8N., R.71W., Sec. 2) upstream to the boundary of
Arapahoe--Roosevelt National Forest (40 43 45N 105 19 06W, T.9N.,
R.71W., Sec. 23). Also includes Young Gulch from its confluence with
Cache La Poudre River (40 41 25N 105 20 56W, T.8N., R.71W., Sec. 4)
upstream to (40 39 13N 105 20 12W, T.8N., R.71W., south boundary Sec.
15). Also includes an unnamed tributary from its confluence with Cache
La Poudre River at Stove Prairie Landing (40 40 58N 105 23 21W, T.8N.,
R.71W., Sec. 6) upstream to (40 39 32N 105 22 34W, T.8N., R.71W., Sec.
17). Which includes Skin Gulch from its confluence with the
aforementioned unnamed tributary at (40 40 33N 105 23 15W, T.8N.,
R.71W., Sec. 7) upstream to (40 39 41N 105 24 13W, T.8N., R.72W., Sec.
13). Unit SP5 also includes Poverty Gulch from its confluence with
Cache La Poudre River (40 40 28N 105 25 42W, T.8N., R.72W., Sec. 11)
upstream to 7,600 feet elevation (40 39 02N 105 26 38W, T.8N., R.72W.,
Sec. 22). Also includes Elkhorn Creek from its confluence with Cache La
Poudre River (40 41 50N 105 26 24W, T.9N., R.72W., Sec. 34) upstream to
(40 44 04N 105 27 32W, T.9N., R.72W., Sec. 21). Also includes South
Fork Cache La Poudre River from its confluence with Cache La Poudre
River (40 41 10N 105 26 46W, T.8N., R.72W., Sec. 3) upstream to 7,600
feet elevation (40 38 49N 105 29 20W, T.8N., R.72W., Sec. 20). Which
includes Pendergrass Creek from its confluence with South Fork Cache La
Poudre River (40 39 54N 105 27 27W, T.8N., R.72W., Sec. 15) upstream to
7,600 feet elevation (40 38 34N 105 27 26W, T.8N., R.72W., Sec. 22).
Also included in the unit is Bennett Creek from its confluence with
Cache La Poudre River (40 40 26N 105 28 37W, T.8N., R.72W., Sec. 9)
upstream to 7,600 feet elevation (40 39 18N 105 31 31W, T.8N., R.73W.,
Sec. 13).
(ii) Map Unit SP5 follows:
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(17) Map Units SP6 and SP7: Buckhorn Creek and Cedar Creek, Larimer
County, Colorado.
(i) These units consist of the following:
For SP6, Buckhorn Creek, 69.1 km (43 mi) of streams. Buckhorn Creek
from (40 30 20N 105 13 39W, T.6N., R.70W., east boundary Sec. 9)
upstream to 7,600 feet elevation (40 34 17N 105 25 28W, T.7N., R.72W.,
Sec. 14). Includes Little Bear Gulch from its confluence with Buckhorn
Creek (40 31 16N 105 15 32W, T.6N., R.70W., Sec. 5) upstream to (40 30
43N 105 16 33W, T.6N., R.70W., Sec. 6). Also includes Bear Gulch from
its confluence with Buckhorn Creek (40 31 15N 105 15 51W, T.6N.,
R.70W., Sec. 5) upstream to 7,600 feet elevation (40 29 47N 105 19 59W,
T.6N., R.71W., Sec. 10). Also includes Stringtown Gulch from its
confluence with Buckhorn Creek (40 32 19N 105 16 40W, T.7N., R.70W.,
Sec. 30) upstream to 7,600 feet elevation (40 30 30N 105 20 48W, T.6N.,
R.71W., Sec. 4). Also includes Fish Creek from its confluence with
Buckhorn Creek (40 32 50N 105 17 05W, T.7N., R.70W., Sec. 30) upstream
to 7,600 feet elevation (40 30 56N 105 21 19W, T.6N., R.71W., Sec. 4).
Which includes North Fork Fish Creek from its confluence with Fish
Creek (40 32 47N 105 18 18W, T.7N., R.71W., west boundary Sec. 25)
upstream and following the first unnamed tributary northwest to (40 33
35N 105 19 42W, T.7N., R.71W., Sec. 22). Also includes Stove Prairie
Creek from its confluence with Buckhorn Creek (40 34 15N 105 19 45W,
T.7N., R.71W., Sec. 15) upstream to the dirt road crossing at (40 35
22N 105 20 16W, T.7N., R.71W., Sec. 10). Also includes Sheep Creek from
its confluence with Buckhorn Creek (40 34 15N 105 20 51W, T.7N.,
R.71W., Sec. 16) upstream to 7,600 feet elevation (40 33 09N 105 21
46W, T.7N., R.71W., Sec. 20). Also includes Twin Cabin Gulch from its
confluence with Buckhorn Creek (40 34 38N 105 23 11W, T.7N., R.71W.,
Sec. 18) upstream to 7,600 feet elevation (40 35 44N 105 23 33W, T.7N.,
R.71W., Sec. 6).
For SP7, Cedar Creek, 11.7 km (7.3 mi) of streams. Cedar Creek from
the boundary of Federal land (40 26 46N 105 16 17W, T.6N., R.70W., Sec.
31) upstream to the boundary of Federal land (40 28 15N 105 18 11W,
T.6N., R.71W., Sec. 24). Includes Dry Creek from its confluence with
Cedar Creek (40 27 07N 105 16 16W, T.6N., R.70W., Sec. 30) upstream to
the boundary of Federal land (40 28 52N 105 16 21W, T.6N., R.70W., Sec.
18). Also includes Jug Gulch from its confluence with Cedar Creek (40
28 15N 105 17 41W, T.6N., R.71W., Sec. 24) upstream to the boundary of
Federal land (40 29 07N 105 18 28W, T.6N., R.71W., Sec. 14).
(ii) Map Units SP6 and SP7 follow:
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(18) Map Units SP8, SP9, and SP10: South Boulder Creek, Boulder
County, Colorado, Rocky Flats Environmental Technology Site and Ralston
Creek, Jefferson County, Colorado.
(i) These units consists of the following:
For SP8, South Boulder Creek, 11.8 km (7.3 mi) of streams.
Including South Boulder Creek from Baseline Road (39 59 59N 105 12 53W,
T.1S., R.70W. Sec. 3) upstream to near Eldorado Springs, Colorado (39
56 7N 105 16 14W, T.1S., R.70W. Sec. 30) Also Spring Brook from the
Community Ditch near Eldorado Springs (39 55 59N 105 16 8W, T.1S.,
R.70W. Sec. 30) upstream to South Boulder Diversion Canal (39 55 11N
105 16 11W, T.1S., R.70W. Sec. 31).
For SP9, the Rocky Flats Environmental Technology Site, 19.5 km
(12.1 mi) of streams. Consists of 3 subunits. Subunit Woman Creek from
Indiana Street (39 52 40N 105 9 53W, T.2S., R.70W., east boundary Sec.
13) upstream to (39 53 3N 105 13 17W, T.2S., R.70W., west boundary Sec.
15). Includes unnamed tributary from confluence with Woman Creek (39 52
43N 105 10 8W, T.2S., R.70W., Sec. 13) upstream to (39 52 39N 105 12
9W, T.2S., R.70W., west boundary Sec. 14).
Subunit Walnut Creek from Indiana Street (39 54 5N 105 9 54W,
T.2S., R.70W., east boundary Sec. 1) upstream to (39 53 48N 105 11 54W,
T.2S., R.70W., Sec. 11). Includes unnamed tributary from its confluence
with Walnut Creek (39 54 6N 105 10 40W, T.2S., R.70W., Sec. 1) upstream
to (39 53 34N 105 11 29W, T.2S., R.70W., Sec. 11).
Subunit Rock Creek from State Highway 128 (39 54 53N 105 11 37W,
T.1S., R.70W., Sec. 35) upstream to (39 54 8N 105 13 18W, T.2S.,
R.70W., west boundary Sec. 3). Includes an unnamed tributary from its
confluence with Rock Creek (39 54 40N 105 12 8W, T.2S., R.70W., east
boundary Sec. 3) upstream to (39 54 41 N 105 13 00W, T.2S., R.70W.,
Sec. 3). Also includes an unnamed tributary from its confluence with
Rock Creek at (39 54 27N 105 12 32W, T.2S., R.70W., Sec. 3) upstream to
(39 54 6N 105 12 51W, T.2S., R.70W., Sec. 3). Another unnamed tributary
from its confluence with Rock Creek at (39 54 23N 105 12 54W, T.2S.,
R.70W., Sec. 3) upstream to (39 54 18N 105 13 18W, T.2S., R.70W., west
boundary Sec. 3. Another unnamed tributary from its confluence with
Rock Creek at (39 54 00N 105 13 12W, T.2S., R.70W., Sec. 3) upstream to
(39 54 07N 105 13 08W, T.2S., R.70W., Sec. 3).
For SP10, Ralston Creek, 13.1 km (8.1 mi) of streams. Ralston Creek
from Ralston Reservoir (39 49 12N 105 15 32W, T.3S., R.70W. Sec. 6)
upstream into Golden Gate Canyon State Park to 7,600 feet elevation (39
50 54N 105 21 12W, T.2S., R.71W. Sec. 29).
(ii) Map Units SP8, SP9, and SP10 follow:
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(19) Map Unit SP11: Cherry Creek, Douglas County, Colorado.
(i) This unit consists of the following:
32 km (19.9 mi) of streams. Cherry Creek from the northern boundary
of Castlewood Canyon State Recreation Area (39 21 56N 104 45 31W,
T.8S., R.66W., south boundary Sec. 10) upstream to the confluence with
Lake Gulch (39 20 24N 104 45 36W, T.8S., R.66W., Sec. 23). Lake Gulch
from the aforementioned confluence upstream to (39 15 38N 104 46 03W,
T.9S., R.66W., south boundary Sec. 15). Includes Upper Lake Gulch from
its confluence with Lake Gulch (39 17 26N 104 46 07W, T.9S., R.66W.,
Sec. 3) upstream to (39 13 25N 104 50 18W, T.9S., R.67W., mid-point
Sec. 36). Also includes a unnamed tributary from its confluence with
Upper Lake Gulch (39 16 06N 104 47 55W, T.9S., R.66W., Sec. 17)
upstream to Upper Lake Gulch Road (39 14 45N 104 48 02W, T.9S., R.66W.,
south boundary Sec. 20). Also includes unnamed tributary from its
confluence with Upper Lake Gulch (39 16 01N 104 48 02W, T.9S., R.66W.,
Sec. 17) upstream to (39 15 37N 104 49 51W, T.9S., R.67W., Sec. 13).
Includes another unnamed tributary from its confluence with Upper Lake
Gulch (39 14 30N 104 49 12W, T.9S., R.66W., Sec. 30) upstream to (39 14
39N 104 50 19W, T.9S., R.67W., Sec. 25).
(ii) Map Unit SP11 follows:
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(20) Map Unit SP12: West Plum Creek, Douglas County, Colorado.
(i) This unit consists of the following:
146.6 km (91.1 mi) of streams. Plum Creek from Chatfield Lake (39
32 35N 105 03 02W, T.6S., R.68W., Sec. 7) upstream to its confluence
with West Plum Creek and East Plum Creek (39 25 48N 104 58 12W, T.7S.,
R.68W., Sec. 23). West Plum Creek from the aforementioned confluence
(39 25 48N 104 58 12W, T.7S., R.68W., Sec. 23) upstream to the boundary
of Pike--San Isabel National Forest and 7,600 feet elevation (39 13 07N
104 59 18W, T.9S., R.68W., Sec. 34). Includes Indian Creek from its
confluence with Plum Creek (39 28 26N 105 00 00W, T.7S., R.68W., Sec.
4) upstream to Silver State Youth Camp (39 22 34N 105 05 10W, T.8S.,
R.69W., Sec. 2). Indian Creek includes an unnamed tributary from its
confluence with Indian Creek at Pine Nook (39 23 00N 105 04 23W, T.8S.,
R.69W., Sec. 2) upstream to (39 22 10N 105 04 05W, T.8S., R.69W., Sec.
12). Also includes Jarre Creek from its confluence with Plum Creek (39
25 50N 104 58 13W, T.7S., R.68W., Sec. 23) upstream to 7,600 feet
elevation (39 21 52N 105 03 15W, T.8S., R.69W., Sec. 12). Jarre Creek
includes an unnamed tributary from its confluence with Jarre Creek (39
22 58N 105 01 51W, T.8S., R.68W., Sec. 5) upstream to (39 22 44N 105 02
12W, T.8S., R.68W., Sec. 8). Also includes an unnamed tributary from
its confluence with West Plum Creek (39 22 20N 104 57 39W, T.8S.,
R.68W., Sec. 11) upstream to 6320 feet elevation (39 21 27N 104 55 00W,
T.8S., R.67W., Sec. 17). Which includes an unnamed tributary from its
confluence with this aforementioned unnamed tributary (39 22 06N 104 57
07W, T.8S., R.68W., Sec. 12) upstream to (39 21 43N 104 56 56W, T.8S.,
R.68W., south boundary Sec. 12).Unit SP12 also includes Garber Creek
from its confluence with West Plum Creek (39 22 16N 104 57 43W, T.8S.,
R.68W., Sec. 11) upstream to its confluence with South Garber Creek and
Middle Garber Creek (39 21 02N 105 02 10W, T.8S., R.68W., Sec. 18).
Including South Garber Creek from its confluence with Garber Creek (39
21 02N 105 02 10W, T.8S., R.68W., Sec. 18) upstream to 7,600 feet
elevation (39 19 15N 105 03 28W, T.8S., R.69W., Sec. 25). Including
Middle Garber Creek from its confluence with Garber Creek (39 21 02N
105 02 10W, T.8S., R.68W., Sec. 18) upstream to (39 19 48N 105 04 07W,
T.8S., R.69W., west boundary Sec. 25). Including North Garber Creek
from its confluence with Middle Garber Creek (39 20 55N 105 02 32W,
T.8S., R.68W., Sec. 18) upstream to 7,600 feet elevation (39 20 45N 105
04 35W, T.8S., R.69W., Sec. 23). Includes Jackson Creek from its
confluence with West Plum Creek (39 21 02N 104 58 28W, T.8S., R.68W.,
Sec. 14) upstream to 7,600 feet elevation (39 17 58N 105 03 56W, T.9S.,
R.69W., Sec. 1). Includes Spring Creek from its confluence with West
Plum Creek at (39 18 59N 104 58 24W, T.8S., R.68W., Sec. 35) upstream
to (39 15 21N 105 01 38W, T.9S., R.68W., Sec. 20). Including Dry Gulch
from its confluence with Spring Creek (39 17 54N 104 59 57W, T.9S.,
R.68W., Sec. 4) upstream to 7,600 feet elevation (39 16 08N 105 02 27W,
T.9S., R.68W., Sec. 18). Including Bear Creek from its confluence with
West Plum Creek (39 17 26N 104 58 20W, T.9S., R.68W., Sec. 2) upstream
to 7,600 feet elevation (39 13 58N 105 01 06W, T.9S., R.68W., Sec. 29).
Including Gove Creek from its confluence with West Plum Creek (39 14
07N 104 57 40W, T.9S., R.68W., Sec. 26) upstream to 7,600 feet
elevation (39 11 50N 104 58 30W, T.10S., R.68W., Sec. 11). Includes
Merz Canyon stream from its confluence with Gove Creek (39 13 06N 104
57 30W, T.9S., R.68W., Sec. 36) upstream to 7,600 feet elevation (39 11
21N 104 57 18W, T.10S., R.68W., Sec. 12). Includes Starr Canyon stream
from its confluence with West Plum Creek (39 13 07N 104 58 39W, T.9S.,
R.68W., Sec. 35) upstream to 7,600 feet elevation (39 12 34N 104 58
58W, T.10S., R.68W., Sec. 3).
(ii) Map Unit SP12 follows:
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(21) Map Unit SP13: Upper South Platte River, Jefferson and Douglas
Counties, Colorado.
(i) This unit consists of the following:
83.1 km (51.6 mi) of rivers and streams. Consists of 5 subunits.
Subunit South Platte River north segment, on the border of Jefferson
County and Douglas County from Chatfield Lake (39 31 35N 105 04 49W,
T.6S., R.69W., Sec. 14) upstream to the boundary of U.S. Army Corps of
Engineers property (39 29 33N 105 05 15W, T.6S., R.69W., south boundary
Sec. 26).
Subunit Bear Creek, Douglas County from Pike--San Isabel National
Forest boundary (39 25 27N 105 07 40W, T.7S., R.69W., west boundary
Sec. 21) upstream to (39 22 32N 105 06 40W, T.8S., R.69W., south
boundary Sec. 4). Includes West Bear Creek from its confluence with
Bear Creek (39 25 15N 105 07 30W, T.7S., R.69W., Sec. 21) upstream to a
confluence with an unnamed tributary (39 24 17N 105 07 38W, T.7S.,
R.69W., Sec. 33).
Subunit South Platte River south segment, on the border of
Jefferson County and Douglas County from Nighthawk (39 21 05N 105 10
23W, T.8S., R.70W., Sec. 13) upstream to (39 17 27N 105 12 24W, T.9S.,
R.70W., Sec. 3). Includes Sugar Creek, Douglas County from its
confluence with South Platte River at Oxyoke (39 18 22N 105 11 47W,
T.8S., R.70W., Sec. 35) upstream to 7,600 feet elevation (39 18 28N 105
08 07W, T.8S., R.69W., Sec. 32). Includes Gunbarrel Creek, Jefferson
County from its confluence with South Platte River at Oxyoke (39 18 22N
105 11 47W, T.8S., R.70W., Sec. 35) upstream to (39 18 41N 105 14 34W,
T.8S., R.70W., Sec. 32).
Subunit Wigwam Creek, Jefferson County from its confluence with
South Platte River (39 14 26N 105 15 15W, T.9S., R.70W., Sec. 29)
upstream to 7,600 feet elevation (39 13 50N 105 19 51W, T.9S., R.71W.,
Sec. 27). Includes Pine Creek from its confluence with Wigwam Creek (39
14 25N 105 16 52W, T.9S., R.71W., Sec. 25) upstream to 7,600 feet
elevation (39 15 48N 105 17 51W, T.9S., R.71W., Sec. 14). Also includes
Cabin Creek from its confluence with Wigwam Creek (39 13 55N 105 18
06W, T.9S., R.71W., Sec. 26) upstream to 7,600 feet elevation (39 14
41N 105 18 17W, T.9S., R.71W., Sec. 23).
Subunit Trout Creek, Douglas County upstream into Teller County
from (39 13 02N 105 09 31W, T.9S., R.69W., Sec. 31) upstream to 7,600
feet elevation which is 1.3 km (0.8 mi) into Teller County (39 07 13N
105 05 49W, T.11S., R.69W., Sec. 3). Includes Eagle Creek from its
confluence with Trout Creek (39 11 52N 105 08 27W, T.10S., R.69W., Sec.
8) upstream to 7,600 feet elevation (39 12 06N 105 07 12W, T.10S.,
R.69W., Sec. 9). Also including an unnamed tributary from its
confluence with Trout Creek (39 11 07N 105 08 05W, T.10S., R.69W., Sec.
17) upstream to (39 10 18N 105 08 23W, T.10S., R.69W., Sec. 20). Also
including Long Hollow from its confluence with Trout Creek (39 10 56N
105 08 01W, T.10S., R.69W., Sec. 17) upstream to 7,600 feet elevation
(39 11 30N 105 06 19W, T.10S., R.69W., Sec. 10).
(ii) Map Unit SP13 follows:
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(22) Map Unit A1: Monument Creek, El Paso County, Colorado.
(i) This unit consists of the following:
56.3 km (35 mi) of streams. Monument Creek from its confluence with
Cottonwood Creek (38 55 36N 104 48 51W, T.13S., R66W., Sec. 7) upstream
to the southern property boundary of the U.S. Air Force Academy (38 57
06N 104 49 46W, T.13S., R.66W., Sec. 6). Then Monument Creek from the
northern property boundary of the U.S. Air Force Academy (39 02 31N 104
51 06W, T.12S., R.67W., north boundary Sec. 2) upstream to Monument
Lake (39 05 19N 104 52 41W, T.11S., R.67W., Sec. 15). Includes Kettle
Creek from its confluence with Monument Creek (38 57 01N 104 49 42W,
T.13S., R.66W., Sec 6) upstream to the property boundary of the U.S.
Air Force Academy (38 57 04N 104 49 41W, T.13S., R.66W., Sec 6). Then
continues from the property boundary of the U.S. Air Force Academy (38
58 33N 104 47 55W, T.12S., R.66W., Sec. 29) upstream to its
intersection with a road at (39 00 06N 104 45 21W, T.12S., R.66W., east
boundary Sec. 15). Which includes an unnamed tributary from its
confluence with Kettle Creek (38 59 06N 104 46 51W, T.12S., R.66W.,
Sec. 21) upstream to (38 59 14N 104 46 19W, T.12S., R.66W., Sec. 22).
Also includes Black Squirrel Creek from the property boundary of the
U.S. Air Force Academy (39 00 06N 104 49 00W, T.12S., R.66W., Sec. 18)
upstream to (39 02 30N 104 44 34W, T.12S., R.66W., north boundary Sec.
2). Including an unnamed tributary from its confluence with Black
Squirrel Creek (39 01 20N 104 46 17W, T.12S., R.66W., Sec. 10) upstream
to (39 02 30N 104 45 39W, T.12S., R.66W., north boundary Sec. 3). Which
includes another unnamed tributary from (39 01 49N 104 46 17W, T.12S.,
R.66W., Sec. 3) upstream to (39 02 30N 104 46 01W, T.12S., R.66W.,
north boundary Sec. 3). Unit A1 also includes Monument Branch from the
property boundary of the U.S. Air Force Academy (39 00 49N 104 49 23W,
T.12S., R.66W., Sec. 7) upstream to (39 01 11N 104 48 42W, T.12S.,
R.66W., east boundary Sec. 7). Also includes Smith Creek from the
property boundary of the U.S. Air Force Academy (39 01 30N 104 49 46W,
T.12S., R.66W., Sec. 7) upstream to (39 02 23N 104 47 57W, T.12S.,
R.66W., Sec. 5). Also includes an unnamed tributary from the property
boundary of the U.S. Air Force Academy (39 02 30N 104 50 23W, T.12S.,
R.67W., Sec. 1) upstream to 6,800 feet elevation (39 02 45N 104 49 54W,
T.11S., R.67W., Sec. 36). Also includes Jackson Creek from its
confluence with Monument Creek (39 02 33N 104 51 13W, T.11S., R.67W.,
Sec. 35) upstream to (39 04 30N 104 49 06W, T.11S., R.66W., Sec. 19).
Includes an unnamed tributary from its confluence with Jackson Creek
(39 04 11N 104 50 02W, T.11S., R.67W., Sec. 25) upstream to Higby Road
(39 04 41N 104 49 38W, T.11S., R.66W., Sec. 19). Also includes Beaver
Creek from its confluence with Monument Creek (39 02 53N 104 52 00W,
T.11S., R.67W., Sec. 35) upstream to 7,600 feet elevation (39 03 08N
104 55 29W, T.11S., R.67W., Sec. 31). Also includes Teachout Creek from
its confluence with Monument Creek (39 03 45N 104 51 50W, T.11S.,
R.67W., Sec. 26) upstream to Interstate 25 (39 04 19N 104 51 27W,
T.11S., R.67W., Sec. 23). Also includes Dirty Woman Creek from its
confluence with Monument Creek (39 04 48N 104 52 48W, T.11S., R.67W.,
Sec 22) upstream to Highway 105 (39 05 35N 104 51 28W, T.11S., R.67W.,
Sec 14).
(ii) Map Unit A1 follows:
[[Page 47210]]
[GRAPHIC] [TIFF OMITTED] TP17JY02.022
* * * * *
Dated: July 9, 2002.
Paul Hoffman,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-17716 Filed 7-16-02; 8:45 am]
BILLING CODE 4310-55-C