[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Proposed Rules]
[Pages 37363-37369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14365]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2013-0023; 4500030113]
RIN 1018-AY50
Endangered and Threatened Wildlife and Plants; Listing
Determination for the New Mexico Meadow Jumping Mouse
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
list the New Mexico meadow jumping mouse (Zapus hudsonius luteus) as an
endangered species under the Endangered Species Act (Act). If we
finalize this rule as proposed, it would extend the Act's protections
to this subspecies and its critical habitat. The effect of these
regulations will be to conserve the New Mexico meadow jumping mouse and
protect its habitat under the Act.
DATES: We will accept comments received or postmarked on or before
August 19, 2013. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES section, below) must be received by
11:59 p.m. Eastern Time on the closing date. We must receive requests
for public hearings, in writing, at the address shown in the ADDRESSES
section by August 5, 2013.
ADDRESSES: You may submit comments by one of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R2-ES-2013-0023,
which is the docket number for this rulemaking. You may submit a
comment by clicking on ``Comment Now!''.
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R2-ES-2013-0023; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We request that you send comments only by the methods described
above. We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Wally Murphy, Field Supervisor, U.S.
Fish and Wildlife Service, New Mexico Ecological Services Field Office,
2105 Osuna NE., Albuquerque, NM 87113; by telephone 505-346-2525; or by
facsimile 505-346-2542. Persons who use a telecommunications device for
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at
800-877-8339.
SUPPLEMENTARY INFORMATION:
Executive Summary
Why we need to publish a rule. Under the Act, if a species is
determined to be an endangered or threatened species throughout all or
a significant portion of its range, we are required to promptly publish
a proposal in the Federal Register and make a determination on our
proposal within 1 year. Critical habitat shall be designated, to the
maximum extent prudent and determinable, for any species determined to
be an endangered or threatened species under the Act. Listing a species
as an endangered or threatened species and designations and revisions
of critical habitat can only be completed by issuing a rule. Elsewhere
in today's Federal Register (and available online at
www.regulations.gov at Docket Number FWS-R2-ES-2013-0014), we propose
to designate critical habitat for the New Mexico meadow jumping mouse
(Zapus hudsonius luteus) under the Act.
This rule consists of: A proposed rule to list the New Mexico
meadow jumping mouse as an endangered species. The New Mexico meadow
jumping mouse is currently a candidate species for which we have on
file sufficient information on biological vulnerability and threats to
support preparation of a listing proposal, but for which development of
a listing regulation has been precluded by other higher priority
listing activities. This rule reassesses all available information
regarding status of and threats to the New Mexico meadow jumping mouse.
The basis for our action. Under the Act, we can determine that a
species is an endangered or threatened species based on whether we find
that it is in danger of extinction throughout all or a significant
portion of its range now (endangered) or likely to become endangered in
the foreseeable future (threatened). As part of our analysis we
consider whether it is threatened or endangered because of any factors
affecting its continued existence.
We will seek peer review. We are seeking comments from
knowledgeable individuals with scientific expertise to review our
analysis of the best available science and application of that science
and to provide any additional scientific information to improve this
proposed rule. Because we will consider all comments and information
received during the comment period, our final determinations may differ
from this proposal.
Information Requested
We intend that any final action resulting from this proposed rule
will be based on the best scientific and commercial data available and
be as accurate and as effective as possible. Therefore, we request
comments or information from the public, other concerned governmental
agencies, Native American tribes, the scientific community, industry,
or any other interested parties concerning this proposed rule. We
particularly seek comments concerning:
(1) The New Mexico meadow jumping mouse's biology, range, and
population trends, including:
(a) Biological or ecological requirements of the species, including
habitat requirements for feeding, breeding, and sheltering;
(b) Genetics and taxonomy;
(c) Historical and current range including distribution patterns;
(d) Historical and current population levels, and current and
projected trends; and
(e) Past and ongoing conservation measures for the species, its
habitat, or both.
(2) Factors that may affect the continued existence of the species,
which may include habitat modification or destruction, overutilization,
disease, predation, the inadequacy of existing regulatory mechanisms,
or other natural or manmade factors.
(3) Biological, commercial trade, or other relevant data concerning
any threats (or lack thereof) to this species and existing regulations
that may be addressing those threats.
(4) Additional information concerning the historical and current
status, range, distribution, and population size of this species,
including the locations of any additional populations of this species.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to
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allow us to verify any scientific or commercial information you
include.
Please note that submissions merely stating support for or
opposition to the action under consideration without providing
supporting information, although noted, will not be considered in
making a determination, as section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is a threatened or endangered
species must be made ``solely on the basis of the best scientific and
commercial data available.''
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit information via http://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the Web site. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on http://www.regulations.gov.
Please include sufficient information with your comments to allow us to
verify any scientific or commercial information you include.
The May 2013 New Mexico Meadow Jumping Mouse Species Status
Assessment Report (SSA Report; Service 2013, entire; see Status
Assessment for the New Mexico Meadow Jumping Mouse section below), as
well as comments and materials we receive and other supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, New Mexico Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Previous Federal Actions
On December 6, 2007, the New Mexico meadow jumping mouse (Zapus
hudsonius luteus) (jumping mouse) was made a candidate for listing (72
FR 69033) under the Act. In 2008, we received a petition to list the
jumping mouse, which was already on the candidate list, and published
our petition finding on December 10, 2008 (73 FR 75176). Because the
New Mexico meadow jumping mouse was previously identified through our
candidate assessment process, the species had already received the
equivalent of a substantial 90-day finding and a warranted, but
precluded, 12-month finding (see 72 FR 69033, December 6, 2007).
Through the annual candidate review process (73 FR 75176, December 10,
2008; 74 FR 57804, November 9, 2009; 75 FR 69222, November 10, 2010;
and 76 FR 66370, October 26, 2011), the Service continued to solicit
information from the public regarding life history and current status
of the species, historical and current distribution and abundance,
potential factors for the species decline (e.g., habitat loss,
drought), and ongoing conservation measures being taken to protect the
species.
Status Assessment for the New Mexico Meadow Jumping Mouse
Introduction
The SSA Report (Service 2013, entire), available online at
www.regulations.gov, Docket No. FWS-R2-ES-2013-0023, provides a
thorough assessment of jumping mouse biology and natural history and
assesses demographic risks (such as small population sizes), threats,
and limiting factors in the context of determining viability and risk
of extinction for the species. In the SSA Report, we compile biological
data and a description of past, present, and likely future threats
(causes and effects) facing the New Mexico meadow jumping mouse.
Because data in these areas of science are limited, some uncertainties
are associated with this assessment. Where we have substantial
uncertainty, we have attempted to make our necessary assumptions
explicit in the SSA Report. We base our assumptions in these areas on
the best available information. Importantly, the SSA Report does not
represent a decision by the Service on whether this taxon should be
proposed for listing as a threatened or endangered species under the
Act. The SSA Report does, however, provide the scientific basis that
informs our regulatory decisions, which involve the further application
of standards within the Act and its regulations and policies.
Summary of Biological Status and Threats
Our SSA Report documents the results of the comprehensive
biological status review for the New Mexico meadow jumping mouse
(jumping mouse) and provides a thorough account of the species' overall
viability and, conversely, extinction risk (Service 2013, entire). The
following is a summary of the results and conclusions from the SSA
Report.
The jumping mouse is a small mammal whose historical distribution
likely included riparian wetlands along streams in the Sangre de Cristo
and San Juan Mountains from southern Colorado to central New Mexico,
including the Jemez and Sacramento Mountains and the Rio Grande Valley
from Espanola to Bosque del Apache National Wildlife Refuge, and into
parts of the White Mountains in eastern Arizona.
In conducting our status assessment we first considered what the
jumping mouse needs to ensure viability. We generally define viability
as the ability of the species to persist over the long term and,
conversely, to avoid extinction. We next evaluated whether the
identified needs of the jumping mouse currently are available and the
repercussions to the species when fulfillment of those needs is missing
or diminished. We then consider the factors that are causing the
species to lack what it needs, including historical, current, and
future factors. Finally, considering the information reviewed, we
evaluate the current status and future viability of the species in
terms of resiliency, redundancy, and representation.
Resiliency is the ability of the species to withstand stochastic
events (arising from random factors such as weather, flooding, or fire)
and, in the case of the jumping mouse, is best measured by habitat
size. Redundancy is the ability of a species to withstand catastrophic
events by spreading the risk and can be measured through the
duplication and distribution of resilient populations across the range
of the jumping mouse. Representation is the ability of a species to
adapt to changing environmental conditions and can be measured by the
breadth of genetic diversity within and among populations and the
ecological diversity of populations across the species' range. In the
case of the jumping mouse, we evaluate representation based on the
extent of the geographical range as an indicator of genetic and
ecological diversity. The main areas of uncertainty in our analysis
include the minimum amount of suitable habitat needed to support
resilient populations and the number of redundant populations needed to
provide for adequate redundancy and representation.
Our assessment concluded that the jumping mouse has an overall low
viability (probability of persistence) in the near term (between now
and the next 10 years) and a decreasing viability in the long-term
future (beyond 10 years). In this summary, we present an overview of
the comprehensive biological status review. A detailed
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discussion of the information supporting this overview can be found in
the SSA Report.
For the New Mexico meadow jumping mouse to be considered viable,
individual mice need specific vital resources for survival and
completion of their life history. One of the most important aspects of
the jumping mouse life history is that it hibernates about 8 or 9
months out of the year, longer than most mammals. Conversely, it is
only active 3 or 4 months during the summer. Within this short
timeframe, it must breed, birth and raise young, and store up
sufficient fat reserves to survive the next year's hibernation period.
In addition, jumping mice only live 3 years or less and have one small
litter annually with seven or fewer young, so the species has limited
capacity for high population growth rates due to this low fecundity. As
a result, if resources are not available in a single season, jumping
mice populations would be greatly stressed.
The jumping mouse has exceptionally specialized habitat
requirements to support these life-history needs and maintain adequate
population sizes. Habitat requirements are characterized by tall
(averaging at least 61 cm (24 in)), dense riparian herbaceous
vegetation (plants with no woody tissue) primarily composed of sedges
(plants in the Cyperaceae Family that superficially resemble grasses
but usually have triangular stems) and forbs (broad-leafed herbaceous
plants). This suitable habitat is found only when wetland vegetation
achieves full growth potential associated with perennial flowing water.
This vegetation is an important resource need for the jumping mouse
because it provides vital food sources (insects and seeds), as well as
the structural material for building day nests that are used for
shelter from predators. The jumping mouse must have rich, abundant food
sources during the summer so it can accumulate sufficient fat reserves
to survive their long hibernation period. In addition, individual
jumping mice also need intact upland areas (areas up gradient and
beyond the floodplain of rivers and streams) adjacent to riparian
wetland areas because this is where they build nests or use burrows to
give birth to young in the summer and to hibernate over the winter.
Some uncertainty exists about the particular location of hibernation
sites relative to riparian areas.
These suitable habitat conditions need to be in appropriate
locations and of adequate sizes to support healthy populations of the
jumping mouse. Historically, these wetland habitats would have been in
large patches located intermittently along long stretches of streams.
The ability of jumping mouse populations to be resilient to adverse
stochastic events depends on the robustness of a population and the
ability to recolonize if populations are extirpated (the loss of a
population or a species from a particular geographic region). Because
counting individual mice to assess population sizes is very difficult
and data are unavailable, we can best measure population health by the
size of the intact, suitable habitat available.
In considering the area needed for maintaining resilient
populations of adequate size with the ability to endure adverse events,
we estimate that resilient populations of jumping mice need suitable
habitat in the range of at least about 27.5 to 73.2 ha (68 to 181 ac)
of along 9 to 24 km (6 to 15 mi) of flowing streams, ditches, or
canals. The minimum area needed is given as range due to the
uncertainty of an absolute minimum and because local conditions within
drainages will vary. This distribution and amount of suitable habitat
would allow for multiple subpopulations of jumping mice to exist along
drainages and would provide for sources of recolonization if some areas
were extirpated due to disturbances. The suitable habitat patches must
be relatively close together because the jumping mouse has limited
dispersal capacity for natural recolonization. Rangewide, we determined
that the jumping mouse needs at least two resilient populations (where
at least two existed historically) within each of eight identified
geographic conservation areas. This number and distribution of
resilient populations is expected to provide the species with the
necessary redundancy and representation to provide for viability.
The jumping mouse life history (short active period, short
lifespan, low fecundity, specific habitat needs, and low dispersal
ability) makes populations highly vulnerable to extirpations when
habitat is lost and fragmented. Based on historical (1980s and 1990s)
and current (from 2005 to 2012) data, the distribution and abundance of
the New Mexico meadow jumping mouse has declined significantly
rangewide. The majority of local extirpations have occurred since the
late 1980s to early 1990s as we found about 70 formerly occupied
locations are now considered to be extirpated.
Since 2005, researchers have documented 29 remaining populations
spread across the 8 conservation areas (2 in Colorado, 15 in New
Mexico, and 12 in Arizona). Nearly all of the current populations are
isolated and widely separated, and all of the 29 populations located
since 2005 have patches of suitable habitat that are too small to
support resilient populations of jumping mouse. None of them are larger
than the needed 27.5 to 73.2 ha (68 to 181 ac), and over half of them
are only a few acres in size. In addition, 11 of the 29 populations
documented as extant since 2005 have been substantially compromised
since 2011 (due to water shortages, excessive grazing, or wildfire and
postfire flooding), and these populations could already be extirpated.
Seven additional populations in Arizona may also be compromised due to
postfire flooding following large recent wildfires. At this rate of
population extirpation (based on known historical population losses and
possible recent population losses) the probability of persistence of
the species as a whole is severely compromised in the near term.
Four of the eight conservation areas have two or more locations
known to be occupied by the mouse since 2005, but all are insufficient
(too small) to support resilient populations. The remaining four
conservation areas have only one known location occupied by the mouse
since 2005, and each population is insufficient (too small) to be
resilient. Therefore, although researchers have some uncertainty about
population sizes of extant localities, the jumping mouse does not
currently have the number and distribution of resilient populations to
provide the needed levels of redundancy and representation (genetic and
ecological diversity) for the species to demonstrate viability.
We next analyzed the past, present, and likely future threats
(causes and effects) that may put jumping mouse populations at risk of
future extirpation. Because the jumping mouse requires such specific
suitable habitat conditions, populations have a high potential for
extirpation when habitat is altered or eliminated. And because of the
current conditions of isolated populations, when localities are
extirpated there is little or no opportunity for natural recolonization
of the area due to the species' limited dispersal capacity.
We found a significant reduction in occupied localities likely due
to cumulative habitat loss and fragmentation across the range of the
jumping mouse. The past and current habitat loss has resulted in the
extirpation of historical populations, reduced the size of existing
populations, and isolated existing small populations. Ongoing and
future habitat loss is expected to result in additional extirpations of
more populations. The
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primary sources of past and future habitat losses are from grazing
pressure (which removes the needed vegetation) and water management and
use (which causes vegetation loss from mowing and drying of soils),
lack of water due to drought (exacerbated by climate change), and
wildfires (also exacerbated by climate change). Additional sources of
habitat loss are likely to occur from scouring floods, loss of beaver
ponds, highway reconstruction, residential and commercial development,
coalbed methane development, and unregulated recreation.
These multiple sources of habitat loss are not acting
independently, but likely produce cumulative impacts that magnify the
effects of habitat loss on jumping mouse populations. Historically,
larger connected populations of jumping mice would have been able to
withstand or recover from local stressors, such as habitat loss from
drought, wildfire, or floods. However, the current condition of small
populations makes local extirpations more common. And the isolated
state of existing populations makes natural recolonization of impacted
areas highly unlikely or impossible in most areas.
Considering the species' biological status now and its likely
status into the future, without active conservation (i.e., grazing
management and water management) existing populations are vulnerable to
extirpation (at least 11 have already undergone substantial impacts
since 2011) and, therefore, the species as a whole is currently at an
elevated risk of extinction. None of the 29 populations known to exist
since 2005 is of sufficient size to be resilient. Assuming this rate of
population loss continues similar to recent years, the number of
populations could be severely curtailed in the near term eliminating
the level of redundancy needed to withstand catastrophic drought and
wildfire, along with the additive impacts of multiple threats. In
addition to past sources of habitat loss, ongoing grazing, water
shortages, and high-impact wildfire (the latter two exacerbated by
climate change), in addition to localized actions, will continue to put
all of the remaining locations at considerable risk to extirpation in
the near term (between now and the next 10 years) and increasing over
the long term. In considering the needed level of representation, while
sufficient diversity likely still exists across the eight conservation
areas, the species representation is relatively low because none of
these conservation areas currently have resilient populations.
Therefore, we conclude that the overall probability of persistence is
low in the near term and decreasing in the future due to the lack of
adequate resiliency, redundancy, and representation.
Determination
Standard for Review
Section 4 of the Act, and its implementing regulations at 50 CFR
part 424, set forth the procedures for adding species to the Federal
Lists of Endangered and Threatened Wildlife and Plants. Under section
4(b)(1)(a), the Secretary is to make threatened or endangered
determinations required by subsection 4(a)(1) solely on the basis of
the best scientific and commercial data available to her after
conducting a review of the status of the species and after taking into
account conservation efforts by States or foreign nations. The
standards for determining whether a species is threatened or endangered
are provided in section 3 of the Act. An endangered species is any
species that is ``in danger of extinction throughout all or a
significant portion of its range.'' A threatened species is any species
that is ``likely to become an endangered species within the foreseeable
future throughout all or a significant portion of its range.'' Per
section 4(a)(1) of the Act, in reviewing the status of the species to
determine if it meets the definitions of threatened or endangered, we
determine whether any species is an endangered species or a threatened
species because of any of the following five factors: (A) The present
or threatened destruction, modification, or curtailment of its habitat
or range; (B) overutilization for commercial, recreational, scientific,
or educational purposes; (C) disease or predation; (D) the inadequacy
of existing regulatory mechanisms; and (E) other natural or manmade
factors affecting its continued existence.
Proposed Listing Status Determination
Based on our review of the best available scientific and commercial
information, we conclude that the New Mexico meadow jumping mouse is
currently in danger of extinction throughout all of its range and,
therefore, meets the definition of an endangered species. This finding,
explained below, is based on our conclusions that the species exhibits
low viability as characterized by having no resilient populations,
resulting in low overall representation across the species range and no
level of redundancy. We found the jumping mouse is at an elevated risk
of extinction now and no data indicate that the situation will improve
without significant conservation intervention. We, therefore, find that
the jumping mouse warrants an endangered species listing status
determination.
On the basis of our biological review documented in the SSA Report
assessment, we found that the species is inherently vulnerable to
population extirpations due to their short active period, short
lifespan, low fecundity, specific habitat needs, and low dispersal
ability (Factor E). The species is currently limited to at most 29
small, isolated populations, all of which are incapable of withstanding
adverse events, and, therefore, are not resilient (Factor E). This
total is reduced from nearly 100 locations known historically. Of these
29 populations where the jumping mice have been found extant since
2005, at least 11 populations have been substantially compromised in
the past 2 years and 7 others may have been affected by recent
wildfires. Because these populations have been compromised, the actual
current number of extant populations may already be less than 29, and
other populations are expected to be lost, placing the species at a
higher risk of extinction.
The remaining small, isolated jumping mouse populations are
particularly threatened with extirpation from habitat loss and
modifications (Factor A). The main sources of habitat loss,
degradation, and modification, include grazing pressure (which removes
the needed vegetation), water management and use (which causes
vegetation loss from mowing and drying of soils), lack of water due to
drought (exacerbated by climate change), and wildfires (also
exacerbated by climate change). Additional sources of habitat loss are
likely to occur from floods, loss of beaver ponds, highway
reconstruction, residential and commercial development, coalbed methane
development, and unregulated recreation.
In addition to the individual sources of habitat loss and
modification under Factor A, the cumulative effects of the multiple
sources of habitat loss are acting on populations such that the effects
on the jumping mouse and their immediacy are significant throughout its
entire current range. Historically, when populations of jumping mice
were larger and more connected, the species could have withstood many
of these adverse events (such as floods or wildfire) or recolonized
areas after local extirpations. However, the current conditions of
small and isolated populations reduce the ability of the jumping mouse
to endure such adverse events, and natural recolonization
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following local extirpations is impossible in most cases.
We evaluated whether the jumping mouse is in danger of extinction
now (i.e., an endangered species) or is likely to become in danger of
extinction in the foreseeable future (i.e., a threatened species). The
foreseeable future refers to the extent to which the Secretary can
reasonably rely on predictions about the future in making
determinations about the future conservation status of the species. A
key statutory difference between a threatened species and an endangered
species is the timing of when a species may be in danger of extinction,
either now (endangered species) or in the foreseeable future
(threatened species).
Because of the fact-specific nature of listing determinations,
there is no single metric for determining if a species is ``in danger
of extinction'' now. In the case of the jumping mouse, the best
available information indicates that, while major range reductions
(that is the overall geographic extent of the species occurrences) have
not happened, habitat destruction and isolation have resulted in
significant loss of populations and reductions in total numbers of
individuals. These losses are ongoing as at least 11 of the 29 known
populations have been significantly compromised since 2011. Without
substantial conservation efforts, this trend of population loss is
expected to continue and result in an elevated risk of extinction of
the species. Many of the threats faced by the species would not have
historically been significant, but past reductions in population size
and fragmentation (mainly due to habitat loss from grazing) causing
isolation of populations makes the current threats particularly severe.
As a result, the species is currently at an elevated risk that
stochastic events (e.g., drought, winter storm, wildfire, and floods)
will affect all known extant populations making the jumping mouse at a
high risk of extinction. Therefore, because no resilient populations
currently exist to support persistence of the jumping mouse, it is in
danger of extinction throughout all of its range now, and appropriately
meets the definition of an endangered species (i.e., in danger of
extinction).
Under the Act and our implementing regulations, a species may
warrant listing if it is threatened or endangered throughout all or a
significant portion of its range. The threats to the survival of this
species occurs throughout its range and are not restricted to any
particular significant portion of its range. Accordingly, our
assessments and determinations apply to this species throughout its
entire range.
In conclusion, as described above, the jumping mouse has
experienced significant reductions in population numbers (based on
habitat reductions and fragmentation), is especially vulnerable to
impacts due to its life history and ecology, and is subject to
significant current and ongoing threats now. After a review of the best
available scientific information as it relates to the status of the
species and the five listing factors, we find the New Mexico meadow
jumping mouse is in danger of extinction now. Therefore, on the basis
of the best available scientific and commercial information, we propose
to list the New Mexico meadow jumping mouse as an endangered species,
in accordance with section 3(6) of the Act. We find that a threatened
species status is not appropriate for the New Mexico meadow jumping
mouse because the overall risk of extinction is high at this time
because none of the existing populations are sufficiently resilient to
support viable populations and this species is currently in danger of
extinction.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened species under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness and
conservation by Federal, State, tribal, and local agencies, private
organizations, and individuals. The Act encourages cooperation with the
States and requires that recovery actions be carried out for all listed
species. The protection required by Federal agencies and the
prohibitions against certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Subsection 4(f) of the Act requires the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed, preparation of a draft and final
recovery plan, and revisions to the plan as significant new information
becomes available. The recovery outline guides the immediate
implementation of urgent recovery actions and describes the process to
be used to develop a recovery plan. The recovery plan identifies site-
specific management actions that will achieve recovery of the species,
measurable criteria that determine when a species may be downlisted or
delisted, and methods for monitoring recovery progress. Recovery plans
also establish a framework for agencies to coordinate their recovery
efforts and provide estimates of the cost of implementing recovery
tasks. Recovery teams (comprising species experts, Federal and State
agencies, nongovernmental organizations, and stakeholders) are often
established to develop recovery plans. When completed, the recovery
outline, draft recovery plan, and the final recovery plan will be
available on our Web site (http://www.fws.gov/endangered), or from our
New Mexico Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, tribal, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may not occur primarily or solely on
non-Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
If this species is listed, funding for recovery actions will be
available from a variety of sources, including Federal budgets, State
programs, and cost share grants for non-Federal landowners, the
academic community, and nongovernmental organizations. In addition,
pursuant to section 6 of the Act, the State of New Mexico would be
eligible for Federal funds to implement management actions that promote
the protection and recovery of the New Mexico meadow jumping mouse.
Information on our grant programs that are available to aid species
recovery can be found at: http://www.fws.gov/grants.
[[Page 37368]]
Although the New Mexico meadow jumping mouse is only proposed for
listing under the Act at this time, please let us know if you are
interested in participating in recovery efforts for this species.
Additionally, we invite you to submit any new information on this
species whenever it becomes available and any information you may have
for recovery planning purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in destruction or
adverse modification of proposed critical habitat. If a species is
listed subsequently, section 7(a)(2) of the Act requires Federal
agencies to ensure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of the species or
destroy or adversely modify its critical habitat. If a Federal action
may affect a listed species or its critical habitat, the responsible
Federal agency must enter into consultation with the Service.
Federal agency actions within the species habitat that may require
conference or consultation or both as described in the preceding
paragraph include livestock grazing, irrigation ditch maintenance and
repair, recreational activities associated with Federal agencies or
State parks that may affect habitat or the species; issuance of section
404 Clean Water Act permits by the U.S. Army Corps of Engineers; and
construction and maintenance of roads or highways by the Federal
Highway Administration.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
wildlife. The prohibitions of section 9(a)(2) of the Act, codified at
50 CFR 17.21 for endangered wildlife, in part, make it illegal for any
person subject to the jurisdiction of the United States to take
(includes harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect; or to attempt any of these), import, export, ship
in interstate commerce in the course of commercial activity, or sell or
offer for sale in interstate or foreign commerce any listed species.
Under the Lacey Act (18 U.S.C. 42-43; 16 U.S.C. 3371-3378), it is also
illegal to possess, sell, deliver, carry, transport, or ship any such
wildlife that has been taken illegally. Certain exceptions apply to
agents of the Service and State conservation agencies.
We may issue permits to carry out otherwise prohibited activities
involving endangered and threatened wildlife species under certain
circumstances. Regulations governing permits are codified at 50 CFR
17.22 for endangered species, and at 17.32 for threatened species. With
regard to endangered wildlife, a permit must be issued for the
following purposes: for scientific purposes, to enhance the propagation
or survival of the species, and for incidental take in connection with
otherwise lawful activities.
Our policy, as published in the Federal Register on July 1, 1994
(59 FR 34272), is to identify to the maximum extent practicable at the
time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a proposed
listing on proposed and ongoing activities within the range of species
proposed for listing. The following activities could potentially result
in a violation of section 9 of the Act; this list is not comprehensive:
(1) Unauthorized collecting, handling, possessing, selling,
delivering, carrying, or transporting of the species, including import
or export across State lines and international boundaries, except for
properly documented antique specimens of these taxa at least 100 years
old, as defined by section 10(h)(1) of the Act.
(2) Unauthorized modification or manipulation of riparian habitat,
including mowing or burning of occupied habitats, especially during the
active season (generally May through October).
(3) Actions that would result in the unauthorized destruction or
alteration of the species' habitat, as described in this rule or within
the May 2013 SSA Report (Service 2013). Such activities could include,
but are not limited to, the removal of riparian shrubs or herbaceous
vegetation by any means.
(4) Unauthorized modification of any stream or water body or
removal or destruction of herbaceous vegetation in any stream or water
body in which the New Mexico meadow jumping mouse is known to occur.
(5) Unlawful destruction or alteration of New Mexico meadow jumping
mouse habitats (e.g., unpermitted instream dredging, impoundment, water
diversion or withdrawal, channelization, discharge of fill material)
that impairs essential behaviors such as breeding, feeding, or
sheltering, or results in killing or injuring a New Mexico meadow
jumping mouse.
(6) Capture, survey, or collection of specimens of this taxon
without a permit from us pursuant to section 10(a)(1)(A) of the Act.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the New Mexico
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Peer Review
In accordance with our joint policy on peer review published in the
Federal Register on July 1, 1994 (59 FR 34270), we will seek the expert
opinions of at least three appropriate and independent specialists
regarding the scientific information upon which this proposed rule is
based. The purpose of peer review is to ensure that our listing
determination and critical habitat designation is based on
scientifically sound data, assumptions, and analyses. We have invited
these peer reviewers to comment during this public comment period on
this proposed designation of critical habitat.
We will consider all comments and information received during this
comment period on this proposed rule during our preparation of a final
determination. Accordingly, the final decision may differ from this
proposal.
Public Hearings
Section 4(b)(5) of the Act provides for one or more public hearings
on this proposal, if requested. Requests must be received within 45
days after the date of publication of this proposed rule in the Federal
Register. Such requests must be sent to the address shown in FOR
FURTHER INFORMATION CONTACT. We will schedule public hearings on this
proposal, if any are requested, and announce the dates, times, and
places of those hearings, as well as how to obtain reasonable
accommodations, in the Federal Register and local newspapers at least
15 days before the hearing.
Persons needing reasonable accommodations to attend and participate
in a public hearing should contact the New Mexico Ecological Services
Field Office at 505-346-2525, as soon as possible. To allow sufficient
time to process requests, please call no later than 1 week before the
hearing date. Information regarding this proposed rule is available in
alternative formats upon request.
[[Page 37369]]
Required Determinations
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to understand if it were divided
into more (but shorter) sections? (5) Is the description of the rule in
the SUPPLEMENTARY INFORMATION section of the preamble helpful in
understanding the rule? What else could we do to make the rule easier
to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street NW., Washington, DC 20240.
You also may email the comments to this address: Exsec@ios.goi.gov.
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with listing a species as an endangered or threatened species under the
Endangered Species Act. We published a notice outlining our reasons for
this determination in the Federal Register on October 25, 1983 (48 FR
49244).
References
A complete list of references used in support of this rulemaking is
available on the Internet at http://www.regulations.gov within the May
2013 New Mexico Meadow Jumping Mouse Species Status Assessment Report
(Service 2013, Literature Cited) and upon request from the New Mexico
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this document are the staff members of the
New Mexico Ecological Services Field Office.
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]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless
otherwise noted.
0
2. In Sec. 17.11(h), add an entry for ``Mouse, New Mexico meadow
jumping'' in alphabetical order under Mammals to the List of Endangered
and Threatened Wildlife, to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Mouse, New Mexico meadow jumping. Zapus hudsonius U.S. (NM, AZ, CO).. U.S. (NM, AZ, CO).. E ........... NA NA
luteus.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Dated: June 4, 2013.
Rowan W. Gould.
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-14365 Filed 6-19-13; 8:45 am]
BILLING CODE 4310-55-P