Federal Register, Volume 78 Issue 119 (Thursday, June 20, 2013) 2013 Federal Register, 78 FR 37327-37363; Centralized Library: U.S. Fish and Wildlife Service -

[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Proposed Rules]
[Pages 37327-37363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14366]

[[Page 37327]]

Vol. 78

Thursday,

No. 119

June 20, 2013

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; Proposed Designation of
Critical Habitat for the New Mexico Meadow Jumping Mouse; Listing
Determination for the New Mexico Meadow Jumping Mouse; Proposed Rules

Federal Register / Vol. 78 , No. 119 / Thursday, June 20, 2013 /
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2013-0014; 4500030114]
RIN 1018-AZ32

Endangered and Threatened Wildlife and Plants; Proposed
Designation of Critical Habitat 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
designate critical habitat for the New Mexico meadow jumping mouse
(Zapus hudsonius luteus) under the Endangered Species Act (Act). If we
finalize this rule as proposed, it would extend the Act's protections
to this subspecies' critical habitat. The effect of these regulations
will be to protect the New Mexico meadow jumping mouse's 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 FOR FURTHER
INFORMATION CONTACT 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-2013-0014,
which is the docket number for this rulemaking. Then, in the Search
panel on the left side of the screen, under the Document Type heading,
click on the Proposed Rules link to locate this document. You may
submit a comment by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R2-ES-2013-0014; 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).
The coordinates or plot points or both from which the proposed
critical habitat maps are generated are included in the administrative
record for this rulemaking and are available at http://www.fws.gov/southwest/es/NewMexico/, at http://www.regulations.gov at Docket No.
FWS-R2-ES-2013-0014, and at the New Mexico Ecological Services Field
Office (see FOR FURTHER INFORMATION CONTACT). Any additional tools or
supporting information that we may develop for this rulemaking will
also be available at the Fish and Wildlife Service Web site and Field
Office set out above, and may also be included at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Wally ``J'' 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 Endangered Species Act
(Act), any species that is determined to be threatened or endangered
requires critical habitat to be designated, to the maximum extent
prudent and determinable. Designations and revisions of critical
habitat can only be completed by issuing a rule. Elsewhere in today's
Federal Register, we propose to list the New Mexico meadow jumping
mouse as an endangered species under the Act.
This rule consists of: A proposed rule for designation of critical
habitat for the New Mexico meadow jumping mouse. The New Mexico meadow
jumping mouse has been proposed for listing under the Act. This rule
proposes designation of critical habitat necessary for the conservation
of the species.
The basis for our action. Under the Endangered Species Act, any
species that is determined to be a threatened or endangered species
shall, to the maximum extent prudent and determinable, have habitat
designated that is considered to be critical. Section 4(b)(2) of the
Endangered Species Act states that the Secretary shall designate and
make revisions to critical habitat on the basis of the best available
scientific data after taking into consideration the economic impact,
national security impact, and any other relevant impact of specifying
any particular area as critical habitat. The Secretary may exclude an
area from critical habitat if she determines that the benefits of such
exclusion outweigh the benefits of specifying such area as part of the
critical habitat, unless she determines, based on the best scientific
data available, that the failure to designate such area as critical
habitat will result in the extinction of the species. The species has
been proposed for listing as endangered, and therefore, we also propose
to designate approximately 310.5 km (193.1 mi) of critical habitat
within Bernalillo, Colfax, Mora, Otero, Rio Arriba, Sandoval, and
Socorro Counties, in New Mexico; Las Animas, Archuleta, and La Plata
Counties, Colorado; and Greenlee and Apache Counties, Arizona.
We are preparing an economic analysis of the proposed designations
of critical habitat. In order to consider economic impacts, we are
preparing a new analysis of the economic impacts of the proposed
critical habitat designations and related factors. We will announce the
availability of the draft economic analysis as soon as it is completed,
at which time we will seek additional public review and comment.
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 reasons why we should or should not designate habitat as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.), including whether there are threats to the species from human
activity, the degree of which can be expected to increase due to the
designation, and whether that increase in threats outweighs the benefit
of designation such that the designation of critical habitat is not
prudent.
(2) Specific information on:

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(a) The amount and distribution of the New Mexico meadow jumping
mouse and its habitat;
(b) What may constitute ``physical or biological features essential
to the conservation of the species,'' within the geographical range
currently occupied by the species;
(c) Where these features are currently found;
(d) Whether any of these features may require special management
considerations or protection;
(e) What areas, that were occupied at the time of listing (or are
currently occupied) and that contain features essential to the
conservation of the species, should be included in the designation and
why; and
(f) What areas not occupied at the time of listing are essential
for the conservation of the species and why.
(3) Land use designations and current or planned activities in the
areas occupied by the species or proposed to be designated as critical
habitat, and possible impacts of these activities on this species and
proposed critical habitat.
(4) Information on the projected and reasonably likely impacts of
climate change on the New Mexico meadow jumping mouse and proposed
critical habitat.
(5) Any foreseeable economic, national security, or other relevant
impacts that may result from designating any area that may be included
in the final designation. We are particularly interested in any impacts
on small entities, and the benefits of including or excluding areas
from the proposed designation that are subject to these impacts.
(6) Whether our approach to designating critical habitat could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments.
(7) The likelihood of adverse social reactions to the designation
of critical habitat and how the consequences of such reactions, if
likely to occur, would relate to the conservation and regulatory
benefits of the proposed critical habitat designation.
Please include sufficient information with your submission (such as
scientific journal articles or other publications) to 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
listing and critical habitat determinations 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 the ADDRESSES section. We request
that you send comments only by the methods described in the ADDRESSES
section.
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.
Comments and materials we receive, as well as 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

All previous Federal actions are described in the proposal to list
the New Mexico meadow jumping mouse as an endangered species under the
Act published elsewhere in today's Federal Register.

Background

It is our intent to discuss below only those topics directly
relevant to the proposed designation of critical habitat for the New
Mexico meadow jumping mouse. For a thorough assessment of the species'
biology and natural history including limiting factors and species
resource needs, please refer to the May 2013 version of the New Mexico
Meadow Jumping Mouse Species Status Assessment (SSA Report; Service
2013, entire, available online at www.regulations.gov, Docket No. FWS-
R2-ES-2013-0014).

Critical Habitat

Background

Critical habitat is defined in section 3 of the Act as:
(1) The specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the Act, on which
are found those physical or biological features:
(a) Essential to the conservation of the species and
(b) Which may require special management considerations or
protection; and
(2) Specific areas outside the geographical area occupied by the
species at the time it is listed, upon a determination that such areas
are essential for the conservation of the species.
Conservation, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
an endangered or threatened species to the point at which the measures
provided pursuant to the Act are no longer necessary. Such methods and
procedures include, but are not limited to, all activities associated
with scientific resources management such as research, census, law
enforcement, habitat acquisition and maintenance, propagation, live
trapping, and transplantation, and, in the extraordinary case where
population pressures within a given ecosystem cannot be otherwise
relieved, may include regulated taking.
Critical habitat receives protection under section 7 of the Act
through the requirement that Federal agencies ensure, in consultation
with the Service, that any action they authorize, fund, or carry out is
not likely to result in the destruction or adverse modification of
critical habitat. The designation of critical habitat does not affect
land ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation does not allow the government
or public to access private lands. Such designation does not require
implementation of restoration, recovery, or enhancement measures by
non-Federal landowners. Where a landowner requests Federal agency
funding or authorization for an action that may affect a listed species
or critical habitat, the consultation requirements of section 7(a)(2)
of the Act would apply, but even in the event of a destruction or
adverse modification finding, the obligation of the Federal action
agency and the landowner is not to restore or recover the species, but
to implement reasonable and prudent alternatives to avoid destruction
or adverse modification of critical habitat.
Under the first prong of the Act's definition of critical habitat,
areas within the geographical area occupied by the species at the time
it was listed

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are included in a critical habitat designation if they contain physical
or biological features (1) essential to the conservation of the species
and (2) which may require special management considerations or
protection. For these areas, critical habitat designations identify, to
the extent known using the best scientific and commercial data
available, those physical or biological features that are essential to
the conservation of the species (such as space, food, cover, and
protected habitat). In identifying those physical and biological
features within an area, we focus on the principal biological or
physical constituent elements (primary constituent elements such as
roost sites, nesting grounds, seasonal wetlands, water quality, tide,
soil type) that are essential to the conservation of the species.
Primary constituent elements are the specific elements of physical or
biological features that provide for a species' life-history processes,
and are essential to the conservation of the species.
Under the second prong of the Act's definition of critical habitat,
we can designate critical habitat in areas outside the geographical
area occupied by the species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species. We designate critical habitat in areas outside the geographic
area occupied by a species only when a designation limited to its range
would be inadequate to ensure the conservation of the species.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific data available. Further, our Policy on
Information Standards Under the Endangered Species Act (published in
the Federal Register on July 1, 1994 (59 FR 34271)), the Information
Quality Act (section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)),
and our associated Information Quality Guidelines, provide criteria,
establish procedures, and provide guidance to ensure that our decisions
are based on the best scientific data available. They require our
biologists, to the extent consistent with the Act and with the use of
the best scientific data available, to use primary and original sources
of information as the basis for recommendations to designate critical
habitat.
When we are determining which areas should be designated as
critical habitat, our primary source of information is generally the
information developed during the listing process for the species as
reviewed in the May 2013 SSA Report (Service 2013, entire) and the
proposed rule for listing the species as endangered (which is
publishing simultaneously with this proposed rule in today's Federal
Register). Additional information sources may include articles in peer-
reviewed journals, conservation plans developed by States and counties,
scientific status surveys and studies, biological assessments, other
unpublished materials, or experts' opinions or personal knowledge.
Habitat is dynamic, and species may move from one area to another
over time. We recognize that critical habitat designated at a
particular point in time may not include all of the habitat areas that
we may later determine are necessary for the recovery of the species.
For these reasons, a critical habitat designation does not signal that
habitat outside the designated area is unimportant or may not be needed
for recovery of the species. Areas that are important to the
conservation of the species, both inside and outside the critical
habitat designation, will continue to be subject to: (1) Conservation
actions implemented under section 7(a)(1) of the Act, (2) regulatory
protections afforded by the requirement in section 7(a)(2) of the Act
for Federal agencies to ensure their actions are not likely to
jeopardize the continued existence of any endangered or threatened
species, and (3) the prohibitions of section 9 of the Act if actions
occurring in these areas may affect the species. Federally funded or
permitted projects affecting listed species outside their designated
critical habitat areas may still result in jeopardy findings in some
cases. These protections and conservation tools will continue to
contribute to recovery of this species. 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 (HCPs), or other
species conservation planning efforts if new information available at
the time of these planning efforts calls for a different outcome.

Prudency Determination

Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12), require that, to the maximum extent
prudent and determinable, the Secretary designate critical habitat at
the time the species is determined to be an endangered or threatened
species. Our regulations (50 CFR 424.12(a)(1)) state that the
designation of critical habitat is not prudent when one or both of the
following situations exist: (1) The species is threatened by taking or
other human activity, and identification of critical habitat can be
expected to increase the degree of threat to the species, or (2) such
designation of critical habitat would not be beneficial to the species.
There is no documentation that the New Mexico meadow jumping mouse
is currently threatened by collection, and mapping of critical habitat
is not expected to initiate any such threat. In the absence of a
finding that the designation of critical habitat would increase threats
to a species, if there are any benefits to a critical habitat
designation, then a prudent finding is warranted. The potential
benefits include: (1) Triggering consultation under section 7 of the
Act in new areas for actions in which there may be a Federal nexus
where it would not otherwise occur because, for example, it has become
unoccupied or the occupancy is in question; (2) focusing conservation
activities on the most essential features and areas; (3) providing
educational benefits to State or county governments or private
entities; and (4) preventing people from causing inadvertent harm to
the species. Therefore, because we have determined that the designation
of critical habitat will not likely increase the degree of threat to
the species, and may provide some measure of benefit, we find that
designation of critical habitat is prudent for the New Mexico meadow
jumping mouse.

Critical Habitat Determinability

Having determined that designation is prudent, under section
4(a)(3) of the Act, we must find whether critical habitat for the New
Mexico meadow jumping mouse is determinable. Our regulations at 50 CFR
424.12(a)(2) state that critical habitat is not determinable when one
or both of the following situations exist:
(1) Information sufficient to perform required analyses of the
impacts of the designation is lacking, or
(2) The biological needs of the species are not sufficiently well
known to permit identification of an area as critical habitat.
When critical habitat is not determinable, the Act provides for an
additional year to publish a critical habitat designation (16 U.S.C.
1533(b)(6)(C)(ii)).
We reviewed the available information pertaining to the biological
needs of the species and habitat characteristics where this species is
located. This and other information represent the best scientific data

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available and led us to conclude that the designation of critical
habitat is determinable for the New Mexico meadow jumping mouse.

Physical or Biological Features

In accordance with section 3(5)(A)(i) and 4(b)(1)(A) of the Act and
regulations at 50 CFR 424.12, in determining which areas within the
geographical area occupied by the species at the time of listing to
designate as critical habitat, we consider the physical or biological
features that are essential to the conservation of the species and
which may require special management considerations or protection.
These 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, or rearing (or development)
of offspring; and
(5) Habitats that are protected from disturbance or are
representative of the historical, geographic, and ecological
distributions of a species.
We derive the specific physical or biological features required for
the New Mexico meadow jumping mouse from studies of this species'
habitat, ecology, and life history as described below. Unfortunately,
there have been relatively few studies on the New Mexico meadow jumping
mouse and its natural life history, and information gaps remain.
However, we have used the best available information as described in
the May 2013 SSA Report (Service 2013, entire). To identify the
physical and biological needs of the New Mexico meadow jumping mouse,
we have relied on conditions at currently occupied locations where the
New Mexico meadow jumping mouse has been observed during surveys, and
the best information available on the species and its close relatives.
Below, we summarize the physical and biological features needed by
foraging, breeding, and hibernating New Mexico meadow jumping mice. For
a complete review of the physical and biological features required by
the New Mexico meadow jumping mouse, see Chapter 2 in the May 2013 SSA
Report (Service 2013, Chapter 2).
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 New Mexico meadow 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 time frame, it must breed, birth, and raise young, and store
up sufficient fat reserves to survive the next year's hibernation
period. In addition, New Mexico meadow jumping mice only live 3 years
or less and have one small litter annually with 7 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, New Mexico meadow jumping mice populations would be
greatly impacted.
The New Mexico meadow 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 herbaceous (plants with
no woody tissue) riparian vegetation composed primarily of sedges and
forbs. 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 New Mexico meadow
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. It is imperative that the New
Mexico meadow jumping mouse have rich abundant food sources during the
summer so it can accumulate sufficient fat reserves to survive their
long hibernation period because the species does not cache food for the
winter. In addition, individual New Mexico meadow jumping mice also
need intact upland areas 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.
These suitable habitat conditions need to be in appropriate
locations and of adequate sizes to support healthy populations of the
New Mexico meadow jumping mouse. Historically, these wetland habitats
would have been in large patches located intermittently along long
stretches of streams. The ability of New Mexico meadow 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. Because counting individual New Mexico meadow jumping
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. We estimate that resilient
populations of New Mexico meadow jumping mice need at least about 27.5
to 73.2 ha (68 to 181 ac) of suitable habitat along 9 to 24 km (5.6 to
15 mi) of flowing streams, ditches, or canals. This distribution and
amount of suitable habitat would support multiple subpopulations of New
Mexico meadow jumping mice throughout each of the waterways and would
provide for sources of recolonization if some areas were extirpated due
to disturbances, thereby increasing the chance of New Mexico meadow
jumping mouse populations surviving the elimination or alteration of
suitable habitat from a variety of sources and persisting while the
necessary vegetation is restored. The suitable habitat patches must be
relatively close together because the New Mexico meadow jumping mouse
has limited dispersal capacity for natural recolonization. Range wide,
we determined that the New Mexico meadow 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.
Populations of New Mexico meadow jumping mice with a high
likelihood of long-term viability require functionally connected areas
throughout stream reaches, ditches, or canals. This continuous suitable
habitat is necessary to attain the population sizes and densities
needed to increase the probability that populations of the species will
persist in the face of natural or manmade events and seasonal
fluctuations of food resources. Because the species occurs only in
areas that are water-saturated, populations have a high potential for
extirpation when habitat dries due to ground and surface water
depletion, draining of wetlands, or drought. New Mexico meadow jumping
mouse habitat is subject to dynamic changes that result from flooding
and drying of these waterways and the ensuing fluctuations (loss and
regrowth) in the quantity and location of dense herbaceous riparian
vegetation over time. Consequently, fluctuating water levels may create
circumstances in which New Mexico meadow jumping mice population sizes
and locations within a waterway vary over time, and populations may be
periodically extirpated and subsequently recolonized. To encompass the
daily

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and seasonal movements of the majority of individual New Mexico meadow
jumping mice and allow for the occasional inter-population dispersal to
occur unimpeded, appropriately-sized patches of suitable habitat should
be no more than about 100 m (330 feet) apart within these waterways.

Primary Constituent Elements

Under the Act and its implementing regulations, we are required to
identify the physical or biological features essential to the
conservation of the New Mexico meadow jumping mouse in the geographic
area occupied by the species at the time of listing, focusing on the
features' primary constituent elements. We consider primary constituent
elements to be the elements of physical or biological features that
provide for a species' life-history processes and that are essential to
the conservation of the species.
Based on our current knowledge of the physical or biological
features and habitat characteristics required to sustain the species'
life-history processes (Service 2013, Chapter 2), we determine that the
primary constituent elements (PCEs) specific to the New Mexico meadow
jumping mouse consist of the following:
(1) Riparian communities along rivers and streams, springs and
wetlands, or canals and ditches characterized by one of two wetland
vegetation community types:
(a) Persistent emergent herbaceous wetlands dominated by beaked
sedge (Carex rostrata) or reed canarygrass (Phalaris arundinacea)
alliances; or
(b) Scrub-shrub riparian areas that are dominated by willows (Salix
spp.) or alders (Alnus spp.); and
(2) Flowing water that provides saturated soils throughout the New
Mexico meadow jumping mouse's active season that supports tall (average
stubble height of herbaceous vegetation of at least 69 cm (27 inches)
and dense herbaceous riparian vegetation (cover averaging at least 61
vertical cm (24 inches) composed primarily of sedges (Carex spp. or
Schoenoplectus pungens) and forbs, including, but not limited to one or
more of the following associated species: Spikerush (Eleocharis
macrostachya), beaked sedge (Carex rostrata), reed canarygrass
(Phalaris arundinacea), rushes (Juncus spp. and Scirpus spp.), and
numerous species of grasses such as bluegrass (Poa spp.), slender
wheatgrass (Elymus trachycaulus), brome (Bromus spp.), foxtail barley
(Hordeum jubatum), or Japanese brome (Bromus japonicas), and forbs such
as water hemlock (Circuta douglasii), field mint (Mentha arvense),
asters (Aster spp.), or cutleaf coneflower (Rudbeckia laciniata); and
(3) Sufficient areas of 9 to 24 km (5.6 to 15 mi) along a stream,
ditch, or canal that contain suitable or restorable habitat to support
movements of individual New Mexico meadow jumping mice; and
(4) Include adjacent floodplain and upland areas extending
approximately 100 m (330 ft) outward from the water's edge (as defined
by the bankfull stage of streams).
This proposed designation is designed to support the necessary
life-history functions of the species and the areas containing those
PCEs in the appropriate quantity and spatial arrangement essential for
the conservation of the species. We determined that these primary
constituent elements of critical habitat provide for the physiological,
behavioral, and ecological requirements of the species. New Mexico
meadow jumping mice require herbaceous riparian vegetation associated
with perennial (persistent) flowing water and adjacent uplands that can
support the necessary habitat components needed by foraging, breeding,
and hibernating individuals. New Mexico meadow jumping mice must also
have sufficient cover within which to forage in an appropriate
configuration and proximity to day, maternal, and hibernation nesting
sites. This vegetation enables New Mexico meadow jumping mice to find
adequate food resources not only to successfully raise young, but also
to accumulate sufficient body fat for survival during hibernation. The
appropriate configuration is provided by protecting multiple local
populations throughout a minimum length of stream or ditch or canal of
9 to 24 km (5.6 to 15 mi) of suitable habitat that will ensure
sufficient resiliency of populations such that the species will be able
to withstand and recover from periodic disturbances. Therefore, this
amount of suitable habitat would support multiple local populations
throughout each of the waterways, thereby increasing the chance of New
Mexico meadow jumping mouse populations surviving the elimination or
alteration of suitable habitat from a variety of sources and persisting
while the necessary vegetation is restored.
Populations of New Mexico meadow jumping mice with a high
likelihood of long-term viability require functionally connected areas
throughout stream reaches, ditches, or canals. This continuous suitable
habitat is necessary to attain the population sizes and densities
needed to increase the probability that populations of the species will
persist in the face of natural or manmade events and seasonal
fluctuations of food resources. This configuration of suitable habitat
would encompass the daily and seasonal movements of the majority of
individual New Mexico meadow jumping mice and would allow occasional
inter-population dispersal to occur unimpeded.

Special Management Considerations or Protection

When designating critical habitat, we assess whether the specific
areas within the geographic area occupied by the species at the time of
listing contain features that are essential to the conservation of the
species and which may require special management considerations or
protection. The features essential to the conservation of this species
may require special management considerations or protection to reduce
the following threats: Excessive grazing pressure, water use and
management, highway reconstruction, development, severe wildland fires,
unregulated recreation, the reduction in the distribution and abundance
of beaver ponds. These threats have the potential to affect the PCEs if
they are conducted within or adjacent to units proposed as critical
habitat.
Management activities that could ameliorate these threats include,
but are not limited to: (1) Maintenance of occupied New Mexico meadow
jumping mouse sites with active management to continue the protection
of these areas from livestock grazing; (2) restoring, enhancing, and
managing additional habitat through fencing of riparian areas,
especially the Santa Fe, Lincoln, and Apache-Sitgreaves National
Forests, to restore the required vegetative components and support the
expansion of populations of the New Mexico meadow jumping mouse located
since 2005 into areas that were historically occupied by the species,
but where natural expansion is currently unlikely because no suitable
habitat remains; (3) restoring habitat on Bosque del Apache National
Wildlife Refuge (NWR) or other areas by carefully managing mowing and
removing willows older than 5 years to maintain early seral habitat
conditions along irrigation canals and ditches; and (4) developing and
implementing a beaver management or restoration plan for occupied and
historic New Mexico meadow jumping mouse localities where appropriate.
A more complete discussion of the threats to the jumping mouse and its
habitats can be found in the May 2013 SSA Report (Service 2013, Chapter
5).

[[Page 37333]]

Criteria Used To Identify Critical Habitat

The following discussion describes the process and methodology that
we used to identify the areas to propose as critical habitat units for
the New Mexico meadow jumping mouse. As required by section 4(b)(2) of
the Act, we used the best scientific data available to designate
critical habitat. We relied heavily on the analysis of biological
information reviewed in the SSA Report (Service 2013, Chapters 2 and
3). In accordance with section 3(5)(A) of the Act and its implementing
regulation at 50 CFR 424.12(e), we determined the specific areas within
the geographical area occupied by the species, at the time it is
listed, where are found the physical or biological features that are
essential to the conservation of the species and which may require
special management considerations or protections (described earlier).
Next, we determined the specific areas outside the geographical area
occupied by the species at the time it is listed that are found to be
essential for the conservation of the species. Finally, we described
how we determined the lateral extent and mapping processes used in
developing the proposed critical habitat units.
Occupied Areas--Section 3(5)(A)(i) of the Act
Our initial step was to decide how to determine what areas are
within the geographic area occupied by the New Mexico meadow jumping
mouse at the time of listing (occupied areas). In reviewing all of the
available data on New Mexico meadow jumping mouse occurrences, we
decided that verified collections of the species between 2005 to 2012
would be used to identify the areas considered occupied by the New
Mexico meadow jumping mouse at the time of listing. This timeframe was
selected because we found no capture records of New Mexico meadow
jumping mice between 1996 and 2005. For a detailed review of this
assessment, see Chapter 3 of the May 2013 SSA Report (Service 2013)
where we referenced historical records as those from the 1980s and
1990s and current records as those verified from 2005 to 2012. This
assessment resulted in 29 locations of the New Mexico meadow jumping
mouse considered occupied at the time of listing. However, there is
uncertainty regarding the current status of the 29 populations that
have been found since 2005 because 11 of the 29 populations have been
substantially compromised since 2011 (due to water shortages, grazing,
or wildfire and postfire flooding), and these populations could already
be extirpated. Moreover, an additional seven populations may continue
to experience loss of habitat from postfire flooding in the near term.
Nevertheless, since no newer information has shown the New Mexico
meadow jumping mouse to be extirpated from any of these locations, we
find that the best available information supports considering these
areas to be within the geographic area occupied by the New Mexico
meadow jumping mouse at the time of listing.
The occupied areas include the 29 locations that contain suitable
habitat plus an additional 0.8-km (0.5-mi) segment upstream and
downstream of these capture localities. These additional 0.8-km (0.5-
mi) segments are considered occupied because this is approximately the
maximum dispersal distance that an individual New Mexico meadow jumping
mouse has been observed to travel (744 meters, 2,441 feet; Frey and
Wright 2012, pp. 16, 109). Although the species usually exhibits
extreme site fidelity with regular daily and seasonal movements of less
than 100 m (330 feet) (Frey and Wright 2012, pp. 16, 109), these
additional 0.8-km (0.5-mi) segments have the potential to be occupied
during the active season of the species if a New Mexico meadow jumping
mouse moves the maximum known distance beyond the protective herbaceous
cover found within the 29 locations. For each of the occupied areas, we
next decided whether these areas contain the essential elements of
physical and biological features which may require special management
considerations or protections (PCEs and special management are
described above). As noted, all of the 29 locations found since 2005
are considered currently occupied by the New Mexico meadow jumping
mouse and contain the essential PCEs (1 and 2), indicating each area
requires special management considerations or protections to maintain
those PCEs. Each of these 29 locations documented since 2005 occur
within 1 of the 19 units or subunits (some units or subunits contain
multiple occupied locations) proposed as critical habitat for the New
Mexico meadow jumping mouse. For a site-by-site analysis of the 29
locations, see the May 2013 SSA Report Chapter 4 (Service 2013).
Partially Occupied Areas--Section 3(5)(A)(ii) of the Act
We then decided which areas that are outside the geographic area
occupied by the species at the time of listing (unoccupied areas) are
essential for the conservation of the New Mexico meadow jumping mouse.
We first determined that, because of the loss of a substantial number
(approximately 70) of historically occupied locations of the New Mexico
meadow jumping mouse (Service 2013, Chapter 4) the number and
distribution of populations should be increased at all of the currently
occupied areas for the New Mexico meadow jumping mouse to be viable.
The populations at these areas are needed to maintain sufficient
redundancy and representation to provide for species viability (see
Service 2013, Chapters 3 and 6). However, the areas occupied by the
mouse since 2005 do not contain enough suitable, connected habitat to
support resilient populations of New Mexico meadow jumping mouse
(Service 2013, Chapter 3).
Because the species needs multiple local populations along streams
and other waterways to maintain genetic diversity and provide sources
for recolonization when local populations are extirpated, it was
important that we consider areas adjacent to the locations considered
occupied by the mouse since 2005 to provide for population resiliency
and species viability. We found that it is essential for the
conservation of the New Mexico meadow jumping mouse to expand its
occupied habitats into areas considered currently unoccupied, but
within its historical range. The inclusion of essential but unoccupied
areas will not only protect these segments and provide habitat for
population expansion from the 29 locations documented since 2005, but
also provide sites for possible future reintroduction that will improve
the species' status through added population resiliency. For example,
when unoccupied habitat is restored, the New Mexico meadow jumping
mouse would have the ability to expand beyond the 0.8-km (0.5-mi)
segments surrounding each of the 29 locations and populate the
individual stream reaches or waterways. Consequently, the currently
unoccupied segments within individual stream reaches or waterways need
to be of sufficient size to allow for the expansion of current and
future populations and provide connectivity (active season movements
and dispersal) between multiple populations as they become established.
So for each of the 19 areas (encompassing 29 locations) considered
occupied, we proposed critical habitat units that include areas that
are considered unoccupied adjacent to the occupied areas. The currently
occupied areas contain the essential PCEs (1 and 2), indicating each
area requires special management considerations or protections to
maintain those PCEs;

[[Page 37334]]

however, the unoccupied areas are essential for the restoration of the
essential PCEs (1, 2, 3, and 4) along streams and other waterways. Each
of these units or subunits are considered ``partially occupied''
because they include some small areas that have been occupied by the
species since 2005 and other larger areas upstream or downstream that
are not known to be occupied by the New Mexico meadow jumping mouse at
the time of listing.
To decide what areas of unoccupied habitat should be included in
proposed critical habitat units that are partially occupied, we focused
on areas that had historical collection records confirmed to be the New
Mexico meadow jumping mouse. Capture locations were then used to
approximate previously occupied habitat and guide our proposed critical
habitat areas. We then identified areas of potential habitat that have
been recently restored, areas that likely still contain the habitat
characteristics sufficient to support the life history of the species,
or areas where functionally connected patches of suitable habitat will
be required to provide for resilient populations and conserve the
species.
In considering how much area to include in proposed critical
habitat units we considered how much suitable habitat might be needed
to support resilient populations. In reviewing the available
information, we think that New Mexico meadow jumping mouse populations
generally need connected areas of suitable habitat along at least 9 to
24 km (5.6 to 15 mi) of continuous suitable habitat to support viable
populations of New Mexico meadow jumping mice with a high likelihood of
long-term persistence (Service 2013, Section 2.7). This stream length
is twice the length recommended by Frey (2011, p. 29) because we think
it is important to account for the ability of populations to have a
higher probability of withstanding catastrophic events such as
wildfire. We used this length as a general guide for determining
proposed critical habitat areas along waterways, but each unit and
subunit were evaluated on a site-by-site basis to determine the best
configuration of proposed critical habitat to support New Mexico meadow
jumping mouse populations in that unit or subunit.
In proposing critical habitat boundaries, we also considered the
need for movement and dispersal to occur between suitable habitat areas
within a proposed critical habitat unit or subunit. We do not
anticipate that suitable habitat containing dense riparian herbaceous
vegetation will be continuous throughout each of the critical habitat
units or subunits, but rather, that suitable habitat should be disperse
throughout waterways to allow for natural behaviors and perhaps
occasional longer distance (i.e., from 200 to 700 m (656 to 2,297 ft))
exploratory movements (Frey and Wright 2012, p. 109), including
dispersal.
These movement and dispersal corridors are needed to connect sites
that we consider occupied to one another within individual units or
subunits, but not among units or subunits, which will enhance genetic
exchange between New Mexico meadow jumping mouse populations and allow
for natural recolonization if local populations are extirpated (Service
2013, Section 2.6). Historically, populations were likely distributed
throughout drainages, with a series of interconnected local populations
(also called subpopulations) occupying suitable habitat patches within
individual streams. Interconnected local populations were likely
arranged within suitable habitat patches along streams in such a way
that individuals could fulfill their daily and seasonal movements of
about 100 m (330 feet), but also occasionally move greater distances
(i.e., 200 to 744 m (656 to 2,441 ft)) to disperse to other habitat
patches within stream segments (Frey and Wright 2012, p. 109). This
ability to have multiple local populations is important to maintaining
genetic diversity within the populations along streams and providing
sources for recolonization when local populations are extirpated. For
example, if a site is extirpated, recolonization from persisting local
source populations within the same general area would have to occur
along riparian corridors that contain suitable habitat (Frey 2011, p.
41).
As a result, the most likely routes for dispersal of New Mexico
meadow jumping mice among sites would occur along perennial or
intermittent drainages where habitat is present or restorable. Although
we did not select specific areas in which to designate movement
corridors, we assumed perennial drainages are better movement corridors
than ephemeral or intermittent drainages, and the ephemeral or
intermittent drainages are better movement corridors than upland
routes. We also assume that, if all else is equal, the shorter the
route the more likely New Mexico meadow jumping mice will successfully
move. Because New Mexico meadow jumping mouse habitat is subject to the
dynamic process of flooding, inundation, and drought, the extent and
location of riparian corridors along streams and rivers may not remain
constant and, depending on local conditions, are likely to expand and
contract. Nevertheless, areas containing suitable habitat should be no
more than about 100 m (330 feet) apart within these waterways, which
would encompass the majority of daily and seasonal movements of
individual New Mexico meadow jumping mice (Wright and Frey 2012, p.
109). This configuration of habitat provides for a local population to
be ``functionally connected,'' such that the movements of the majority
of individual New Mexico meadow jumping mice and perhaps occasional
interpopulation dispersal occur unimpeded.
As a result of this analysis, we have determined that some of the
areas within the proposed critical habitat units do not contain
currently suitable habitat and are beyond the maximum known dispersal
distance of 0.8 km (0.5 mi) to be considered occupied at any point in
time. For example, within proposed Unit 2 we include the Harold Brock
Fishing Easement that is located between the two sites that we consider
occupied on Coyote Creek. The fishing easement is considered unoccupied
because it does not currently contain suitable habitat and is beyond
the daily and seasonal movement capacity of the species. Increasing the
amount of suitable habitat in units like Coyote Creek is essential
because it expands the available habitat within a given unit that can
be occupied by the species and provides for potentially increasing
population size within that riparian system. Increased population sizes
are essential to conserving the species as higher numbers of
individuals in the populations increases the likelihood of the
persistence of the populations over time, in other words larger
populations increase population resiliency.
Completely Unoccupied Areas--Section 3(5)(A)(ii) of the Act
We next considered whether there were any other areas within the
species' historical range but outside of the geographic area occupied
at the time of listing (in other words completely unoccupied areas)
that are essential for the conservation of the New Mexico meadow
jumping mouse. In other words, we examined whether resilient
populations at the 19 partially occupied proposed units (with 29
locations occupied since 2005) would be sufficient to provide for
viability of the New Mexico meadow jumping mouse. We reviewed the
current and historical distribution of the species within each of the
eight conservation areas across its range and the need for sufficient
redundancy for the New Mexico

[[Page 37335]]

meadow jumping mouse (Service 2013, Chapter 3). With three exceptions,
we found that each of the conservation areas would have sufficient
populations to support species viability if the current New Mexico
meadow jumping mouse areas were expanded to provide for resilient
populations. The exceptions where the historic distribution is not
adequately represented by recently located populations were in the
Jemez Mountains, the Sacramento Mountains, and the Rio Grande
conservation areas. We found that the conservation of the species
requires increasing the number and distribution of populations of the
New Mexico meadow jumping mouse to allow for the restoration and
expansion of recently located populations into areas that were
historically occupied within the Jemez Mountains, Sacramento Mountains,
and the middle Rio Grande.
We found four subunits (described under the Jemez Mountains,
Sacramento Mountains, and middle Rio Grande Units below) within three
conservation areas that are completely unoccupied, but are essential
for the conservation of the New Mexico meadow jumping mouse. Inclusion
of these areas provides for expansion of the overall geographic
distribution of the species and increases the redundancy within these
conservation areas. Much of the habitat within these four unoccupied
subunits (Rio de las Vacas, Upper Rio Pe[ntilde]asco, Isleta Pueblo,
and Ohkay Owingeh) contained New Mexico meadow jumping mice as recently
as the late 1980s (Morrison 1985, entire; 1988, pp. 22-35; 1989, pp. 7-
23; 1992, p. 311; Frey 2005a, p. 7). For each of these unoccupied
subunits, we found that, because of ongoing habitat loss, the
conservation of the New Mexico meadow jumping mouse requires the
protection of stream reaches with a high potential for restoration of
suitable habitat to enable the reestablishment of the New Mexico meadow
jumping mouse within areas that were historically occupied. The
protection and restoration of suitable habitat within these areas will
enable the reestablishment of the New Mexico meadow jumping mouse and
increase its distribution to provide population redundancy and
resiliency.
In evaluating what areas are essential for the New Mexico meadow
jumping mouse, we do not propose as critical habitat a number of
historical locations of the New Mexico meadow jumping mouse because we
do not think they are essential for conservation of the species. These
omitted locations are, compared to other habitat segments, believed to
be of lesser quality and do not contribute as much to connectivity,
stability, or protection against catastrophic loss. Consequently, we
are not proposing historical locations along riparian segments as
critical habitat because we did not find them to be essential for
conservation of the New Mexico meadow jumping mouse.
Lateral Extent
To allow normal behavior and to ensure that the New Mexico meadow
jumping mouse and the physical and biological features and sufficient
PCEs on which it depends are protected, we believe that the outward
extent of critical habitat from the riparian habitats should at least
approximate the 100-year floodplain. Unfortunately, floodplains have
not been mapped for many streams within the New Mexico meadow jumping
mouse's range. While alternative delineation of critical habitat based
on geomorphology and existing vegetation could accurately portray the
presence and extent of required habitat components, we lack the
explicit data to allow us to conduct such a delineation of critical
habitat on a site-by-site basis. Moreover, some locations are
associated with canals and ditches (e.g., Bosque del Apache NWR) that
are manmade and do not have any associated floodplain. To address these
issues, we propose to use a set distance of 100 m (328 ft) outward from
either side of the river, stream, irrigation ditch, or canal's edge.
The river, stream, irrigation ditch or canal's edge is defined by the
bankfull stage. We believe this width is necessary to accommodate not
only stream meandering and high flows within natural waterways, but
also to capture essential upland areas in order to ensure that this
proposed designation contains the features essential to all of the
life-history stages (e.g., foraging, breeding, and hibernation) and the
conservation of the species (Service 2013, Chapter 3). While this
lateral extent of critical habitat may not extend outward to all areas
used by individual mice over time, we expect that it will support the
full range of PCEs essential for conservation of New Mexico meadow
jumping mouse populations in these reaches.
Bankfull stage is defined as the upper level of the range of
channel-forming flows, which transport the bulk of available sediment
over time. Bankfull stage is generally considered to be that level of
stream discharge reached just before flows spill out onto the adjacent
floodplain. The discharge that occurs at bankfull stage, in combination
with the range of flows that occur over a length of time, govern the
shape and size of the river channel (Rosgen 1996, pp. 2-2 to 2-4). The
use of bankfull stage and 100 m (328 ft) on either side recognizes the
naturally dynamic nature of riverine systems, recognizes that
floodplains are an integral part of the stream ecosystem, and contains
the area and associated features essential to the conservation of the
species. Bankfull stage is not an ephemeral feature, meaning it does
not disappear. Bankfull stage can always be determined and delineated
for any stream and for the canals and ditches we are proposing as
critical habitat. We acknowledge that the bankfull stage of any given
segment may change depending on the magnitude of a flood event, but it
is a definable and standard measurement for stream systems. Following
high flow events, stream channels can move from one side of a canyon to
the opposite side, for example. If we were to designate critical
habitat based on the location of the stream on a specific date, the
area within the designation could be a dry channel in less than 1 year
from the publication of the determination, should a high flow event
occur.
Mapping
The critical habitat units that we propose were first delineated by
creating rough areas for each unit by screen-digitizing polygons (map
units) using Google Earth. We then digitized and refined the units
using ArcMap version 10 (Environmental Systems Research Institute,
Inc.), a computer Geographic Information System (GIS) program. The
polygons were created by using current (2005 to 2012) and historical
species (1985 to 1996) location points, which were then used in
conjunction with hydrology, vegetation, and expert opinion. The
location points were split into current and historical groups because
we found no capture records of New Mexico meadow jumping mice between
1996 and 2005.
We set the limits of each critical habitat unit by identifying
landmarks (islands, confluences, roadways, crossings, dams) that
clearly delineated each area. Stream confluences are often used to
delineate the boundaries of a unit for an aquatic species because the
confluence of a tributary typically marks a significant change in the
size or habitat characteristics of the stream. Stream confluences are
also logical and recognizable termini. When a named tributary was not
available, or if another landmark provided a more recognizable
boundary, another landmark was used.
When current or historical locations of New Mexico meadow jumping
mice were used to delineate upstream and downstream boundaries of
critical habitat, we extended the boundaries by

[[Page 37336]]

about 0.8 km (0.5 mi) to encompass areas that have the potential to be
occupied during the active season of the species if a New Mexico meadow
jumping mouse moves the maximum known distance beyond the protective
herbaceous cover. However, we then refined the starting and end points
by evaluating appropriate habitat conditions based on the presence or
absence of perennial water or suitable vegetation. We selected upstream
and downstream cutoff points that would avoid including highly degraded
areas that are not likely restorable. For example, we did not include
areas that were permanently dewatered or permanently developed (i.e.,
natural vegetation removed), or areas in which there was some other
indication that suitable habitat no longer existed and was not likely
to be restored.
When determining proposed critical habitat boundaries, we also made
every effort to avoid including developed areas such as lands covered
by buildings, pavement, and other structures because such lands lack
physical or biological features for the New Mexico meadow jumping
mouse. The scale of the maps we prepared under the parameters for
publication within the Code of Federal Regulations may not reflect the
exclusion of such developed lands. Any such lands inadvertently left
inside critical habitat boundaries shown on the maps of this proposed
rule have been excluded by text in the proposed rule and are not
proposed for designation as critical habitat. Therefore, if the
critical habitat is finalized as proposed, a Federal action involving
these lands would not trigger section 7 consultation with respect to
critical habitat and the requirement of no adverse modification unless
the specific action would affect the physical or biological features in
the adjacent critical habitat.
Summary
In summary, we are proposing for designation of critical habitat
geographic areas that we have determined are occupied by the New Mexico
meadow jumping mouse at the time of listing and contain sufficient
elements of physical or biological features to support life-history
processes essential for the conservation of the species and that
require special management. Moreover, we are proposing to designate as
critical habitat additional areas that are considered presently
unoccupied, but essential to the conservation of the New Mexico meadow
jumping mouse.
The critical habitat designation is defined by the maps, as
modified by any accompanying regulatory text, presented at the end of
this document in the rule portion. We will make the coordinates or plot
points or both on which each map is based available to the public on
http://www.regulations.gov at Docket No. FWS-R2-ES-2013-0014, at http://www.fws.gov/southwest/es/NewMexico/, and at the New Mexico Ecological
Services Field Office (see FOR FURTHER INFORMATION CONTACT above).

Proposed Critical Habitat Designation

We are proposing to designate approximately 310.5 km (193.1 mi)
(5,892 ha (14,560 ac)) in eight units as critical habitat for the New
Mexico meadow jumping mouse in the states of Colorado, New Mexico, and
Arizona. The critical habitat areas we describe below constitute our
current best assessment of areas that meet the definition of critical
habitat for the New Mexico meadow jumping mouse. The units we propose
as critical habitat and the approximate area of each proposed critical
habitat unit and land ownership are shown in Table 1. A summary of the
proposed areas by land ownership and State are provided in Table 2.

Table 1--Proposed Critical Habitat Units for the New Mexico Meadow Jumping Mouse
[Area estimates reflect all land within critical habitat unit boundaries.]
----------------------------------------------------------------------------------------------------------------
Occupied at the time of Length of
Stream segment listing Land ownership unit, km (mi) Area, ha (ac)
----------------------------------------------------------------------------------------------------------------
Unit 1--Sugarite Canyon
----------------------------------------------------------------------------------------------------------------
Chicorica Creek.................. Partial................ State of New Mexico, .............. 229 (568)
State of Colorado, 114 (282)
Private. 344 (849)
------------------------------------------------------------------------------
Total Unit 1................. ....................... .................... 13.0 (8.1) 687 (1698)
----------------------------------------------------------------------------------------------------------------
Unit 2--Coyote Creek
----------------------------------------------------------------------------------------------------------------
Coyote Creek..................... Partial................ State of New Mexico, .............. 26 (64)
Private. 213 (527)
------------------------------------------------------------------------------
Total Unit 2................. ....................... .................... 11.8 (7.4) 239 (590)
----------------------------------------------------------------------------------------------------------------
Unit 3--Jemez Mountains
----------------------------------------------------------------------------------------------------------------
Subunit 3A--San Antonio
San Antonio Creek................ Partial................ Forest Service, .............. 223 (550)
Private, Other 10 (26)
Federal Agency. 1 (3)
------------------------------------------------------------------------------
Total Subunit 3A............. ....................... .................... 11.5 (7.1) 234 (579)
Unit 3B--Rio Cebolla
Rio Cebolla...................... Partial................ Forest Service, .............. 278 (686)
Private, State of 76 (187)
New Mexico. 76 (187)
------------------------------------------------------------------------------
Total Subunit 3B............. ....................... .................... 20.7 (12.9) 429 (1060)
Unit 3C--Rio de las Vacas

[[Page 37337]]

Rio de las Vacas................. No..................... Forest Service, .............. 332 (820)
Private. 122 (302)
------------------------------------------------------------------------------
Total Subunit 3C............. ....................... .................... 23.3 (14.5) 454 (1122)
------------------------------------------------------------------------------
Total Unit 3................. ....................... .................... 55.5 (34.5) 1117 (2761)
----------------------------------------------------------------------------------------------------------------
Unit 4--Sacramento Mountains
----------------------------------------------------------------------------------------------------------------
Subunit 4A--Silver Springs
Silver Springs Creek............. Partial................ Forest Service, .............. 28 (70)
Private. 77 (190)
------------------------------------------------------------------------------
Total Subunit 4A............. ....................... .................... 5.2 (3.2) 105 (260)
Subunit 4B--Upper Pe[ntilde]asco
Rio Pe[ntilde]asco............... No..................... Forest Service, .............. 18 (44)
Private. 118 (291)
------------------------------------------------------------------------------
Total Subunit 4B............. ....................... .................... 6.4 (4.0) 136 (335)
Subunit 4C--Middle Pe[ntilde]asco
Rio Pe[ntilde]asco............... Partial................ Forest Service, .............. 26 (65)
Private. 238 (587)
------------------------------------------------------------------------------
Total Subunit 4C............. ....................... .................... 11.4 (7.1) 264 (652)
Subunit 4D--Wills Canyon
Mauldin Springs.................. Partial................ Forest Service, .............. 65 (162)
Private. 46 (113)
------------------------------------------------------------------------------
Total Subunit 4D............. ....................... .................... 5.5 (3.4) 111 (275)
Subunit 4E--Agua Chiquita Canyon
Agua Chiquita Creek.............. Partial................ Forest Service...... .............. 161 (398)
------------------------------------------------------------------------------
Total Subunit 4E............. ....................... .................... 7.7 (4.8) 161 (398)
------------------------------------------------------------------------------
Total Unit 4................. ....................... .................... 36.2 (22.5) 777 (1920)
----------------------------------------------------------------------------------------------------------------
Unit 5--White Mountains
----------------------------------------------------------------------------------------------------------------
Subunit 5A--Little Colorado
Little Colorado River............ Partial................ Forest Service, .............. 445 (1100)
Private. 33 (81)
------------------------------------------------------------------------------
Total Subunit 5A............. ....................... .................... 22.6 (14.0) 478 (1181)
Subunit 5B--Nutrioso
Nutrioso River................... Partial................ Forest Service, .............. 142 (351)
Private. 271 (670)
------------------------------------------------------------------------------
Total Subunit 5B............. ....................... .................... 20.4 (12.7) 413 (1021)
Subunit 5C--San Francisco
San Francisco River.............. Partial................ Forest Service, .............. 68 (167)
Private. 184 (455)
------------------------------------------------------------------------------
Total Subunit 5C............. ....................... .................... 11.8 (7.3) 252 (622)
Subunit 5D--East Fork Black
East Fork Black River............ Partial................ Forest Service...... .............. 421 (1040)
------------------------------------------------------------------------------
Total Subunit 5D............. ....................... .................... 20.3 (12.6) 421 (1040)
Subunit 5E--West Fork Black
West Fork Black River............ Partial................ Forest Service, .............. 415 (1025)
Private, State of 17 (43)
Arizona. 49 (120)
------------------------------------------------------------------------------
Total Subunit 5E............. ....................... .................... 23.0 (14.3) 481 (1188)
Subunit 5F--Boggy and Centerfire
Boggy and Centerfire Creeks...... Partial................ Forest Service...... .............. 196 (485)
------------------------------------------------------------------------------
Total Subunit 5F............. ....................... .................... 8.9 (5.5) 196 (485)
Subunit 5G--Corduroy
Corduroy Creek................... Partial................ Forest Service...... .............. 104 (256)
------------------------------------------------------------------------------

[[Page 37338]]

Total Subunit 5G............. ....................... .................... 4.8 (3.0) 104 (256)
Subunit 5H--Campbell Blue
Campbell Blue Creek.............. Partial................ Forest Service, .............. 100 (247)
Private. 2 (6)
------------------------------------------------------------------------------
Total Subunit 5H............. ....................... .................... 4.8 (3.0) 102 (253)
------------------------------------------------------------------------------
Total Unit 5................. ....................... .................... 116.6 (72.4) 2448 (6047)
----------------------------------------------------------------------------------------------------------------
Unit 6--Middle Rio Grande
----------------------------------------------------------------------------------------------------------------
Subunit 6A--Isleta Marsh
Marsh............................ No..................... Isleta Pueblo....... 3.7 (2.3) 43 (105)
Subunit 6B--Ohkay Owingeh
Marsh............................ No..................... Ohkay Owingeh....... 4.8 (3.0) 51 (125)
Subunit 6C--Bosque del Apache NWR
Canal............................ Partial................ Service............. 21.1 (13.1) 201 (496)
------------------------------------------------------------------------------
Total Unit 6................. ....................... .................... 29.6 (18.5) 294 (727)
----------------------------------------------------------------------------------------------------------------
Unit 7--Florida
----------------------------------------------------------------------------------------------------------------
Florida River.................... Partial................ Private, Bureau of .............. 254 (627)
Land Mgt. 3 (6)
------------------------------------------------------------------------------
Total Unit 7................. ....................... .................... 13.6 (8.4) 256 (634)
----------------------------------------------------------------------------------------------------------------
Unit 8--Sambrito Creek
----------------------------------------------------------------------------------------------------------------
Sambrito Creek................... Partial................ State of Colorado, .............. 61 (150)
Private. 14 (35)
------------------------------------------------------------------------------
Total Unit 8................. ....................... .................... 4.6 (2.9) 75 (184)
------------------------------------------------------------------------------
GRAND TOTAL ALL UNITS.... ....................... .................... 310.5 5892
(193.1) (14,560)
----------------------------------------------------------------------------------------------------------------
Note: Area sizes may not sum due to rounding.

Table 2--Proposed Critical Habitat Units for the New Mexico Meadow Jumping Mouse, Summarized by Land Ownership and State
--------------------------------------------------------------------------------------------------------------------------------------------------------
Land ownership, ha (ac)
State -----------------------------------------------------------------------------------------
Federal State Private Tribal Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Mexico.................................................... (3,294) (819) (3,072) (230) (7,415)
Arizona....................................................... (4,671) (120) (1,255) ................ (6,046)
Colorado...................................................... (6) (432) (662) ................ (1,100)
-----------------------------------------------------------------------------------------
Total..................................................... (7,971) (1,371) (4,989) (230) (14,561)
--------------------------------------------------------------------------------------------------------------------------------------------------------

Unit Descriptions

We present brief descriptions of each of the proposed critical
habitat units, and reasons why they meet the definition of critical
habitat for the New Mexico meadow jumping mouse, below. For additional
information on each unit, see the SSA (Service 2013, Chapter 4).
We consider the 29 locations where the New Mexico meadow jumping
mouse has been found since 2005 to be within the geographic area
occupied at the time of listing (occupied areas). All of these occupied
areas are contained within 19 of the 23 proposed critical habitats
units that we refer to as partially occupied in Table 1. The exceptions
are the completely unoccupied units (3-C Rio de las Vacas, 4-B Upper
Rio Pe[ntilde]asco, 6-A Isleta Pueblo, and 6-B Ohkay Owingeh 3-C). We
specifically describe each of the occupied areas within the proposed
critical habitat unit descriptions presented below. All of these
occupied areas contain suitable habitat with one or more of the
essential physical or biological features that require special
management and are, therefore, included in the proposed designation
under section 3(5)(A)(i) of the Act. All of these occupied areas
exhibit: PCE 1--appropriate wetland vegetation communities and PCE 2--
flowing water with tall herbaceous vegetation. The occupied areas
within these 19 proposed units may require special management or
protection to address the direct or indirect loss or alteration of the
essential physical and biological features. These special management
considerations or protections are needed

[[Page 37339]]

to address: Water development, recreational use, livestock grazing,
road reconstruction, the loss of beaver ponds, and vegetation mowing.
Every proposed critical habitat unit contains areas outside the
geographic area occupied by the species at the time of listing
(unoccupied areas) that we conclude are essential for the conservation
of the New Mexico meadow jumping mouse. As noted, four of these units
(3-C Rio de las Vacas, 4-B Upper Rio Pe[ntilde]asco, 6-A Isleta Pueblo,
and 6-B Ohkay Owingeh 3-C) are considered completely unoccupied. The
remaining 19 proposed critical habitat units include unoccupied areas
that are up- or downstream of the occupied areas, but do not currently
have the necessary vegetation to protect New Mexico meadow mice from
predators or to provide food sources. We describe these units
containing both occupied and unoccupied areas within the same stream
reach as partially occupied (Table 1). All of these completely or
partially unoccupied areas currently have flowing water to allow for
future restoration of the essential PCEs 1 and 2, but also PCE 3--
sufficient areas of streams, ditches or canals; and PCE 4--adjacent
floodplain and upland areas that would collectively provide the needed
physical and biological features of habitat required to sustain the
species' life-history processes.
We conclude that all of these areas, whether they are within
partially or completely unoccupied proposed units, are essential to the
conservation of the New Mexico meadow jumping mouse because: (1) The
areas occupied by the mouse since 2005 do not contain enough suitable,
connected habitat to support resilient populations of New Mexico meadow
jumping mouse; (2) the currently unoccupied segments within individual
stream reaches or waterways need to be of sufficient size to allow for
the expansion of populations and provide connectivity (active season
movements and dispersal) between multiple populations as they become
established; (3) additional areas need habitat protection to allow
restoration of the necessary herbaceous vegetation for possible future
reintroductions; and (4) multiple local populations along streams are
important to maintaining genetic diversity within the populations and
for providing sources for recolonization if local populations are
extirpated. Therefore, all of the unoccupied areas are included in the
proposed designation under section 3(5)(A)(ii) of the Act.

Unit 1: Sugarite Canyon

Unit 1 consists of 687 ha (1,698 ac) along 13.0 km (8.1 mi) of
streams on private lands and areas owned by the States of Colorado and
New Mexico. The Colorado streams areas are found within Las Animas
County, Colorado, and the New Mexico stream areas are found within
Colfax County, New Mexico. The unit begins 0.6 km (0.4 mi) north of the
headwaters of Lake Dorothey, Colorado, along the East Fork and 1.1 km
(0.7 mi) north of the headwaters of Lake Dorothey along the West Fork
of Schwacheim Creek and follows the drainage downstream, to include a
2.0 km (1.25 mi) segment of Chicorica Creek that is a tributary flowing
into the headwaters of Lake Maloya and a 0.8 km (0.5 mi) segment of
Segerstrom Creek which is a tributary flowing into the western edge of
Lake Maloya, New Mexico. The unit continues through Lake Maloya and
includes about 1.8 km (1.1 mi) of the small western tributary Soda
Pocket Creek, which flows into and includes lower Chicorica Creek below
Lake Maloya Dam downstream to the terminus of the area at Lake Alice
Dam within Sugarite Canyon State Park.
Based upon captures of the New Mexico meadow jumping mouse since
2005 (Frey 2006d, pp. 19-21, 67) approximately 2.8 ha (7 ac) within
this unit in Sugarite Canyon State Park in New Mexico are considered
occupied at the time of listing and contain suitable habitat. The
occupied areas occur along the Canyon at five locations: Chicorica
Creek 0.6 km (0.4 mi) below Lake Maloya Dam; Segerstrom Creek just
above the western confluence with Lake Maloya; the headwaters of Lake
Alice; and Soda Pocket Creek and Campground along the two streams that
cross the open meadow on Barlett Mesa near the campfire program area
and behind campsite number 16 (Frey 2006d, pp. 19-21, 67). In 2011, the
Track Fire burned nearly the entire watershed of Sugarite Canyon, and
surveys have not been conducted to determine whether New Mexico meadow
jumping mice still persist postfire (Service 2012c). However, until new
information is collected we consider this area within the geographical
area occupied by the New Mexico meadow jumping mouse at the time of
listing. The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: Severe wildland fires, recreation, grazing, water
use and management, floods, the reduction in the distribution and
abundance of beaver ponds, and coalbed methane. The occupied areas are
centered around the five capture locations plus an additional 0.8-km
(0.5-mi) segment upstream and downstream of these areas where the
physical and biological features are found. The remaining unoccupied
areas within Unit 1 are found both upstream and downstream of the
occupied areas, and are considered essential to the conservation of the
New Mexico meadow jumping mouse (as described in the Unit Description
introduction section above).

Unit 2: Coyote Creek

Unit 2 consists of 239 ha (590 ac) along 11.8 km (7.4 mi) of Coyote
Creek on private lands and an area owned by the State of New Mexico
within Mora County. The unit begins at the confluence of Little Blue
Creek and Coyote Creek and extends downstream about to the terminus
just south of the Village of Guadalupita.
Based upon captures of the New Mexico meadow jumping mouse since
2006 (Frey 2006d, pp. 24, 70; Frey 2012, p. 6), approximately 1.7 ha
(4.3 ac) within this unit in Coyote Creek State Park and several miles
north of the park along Highway 434 in New Mexico are considered
occupied at the time of listing and contain suitable habitat. The
occupied areas occur at two locations along Coyote Creek including: an
area that contains extensive beaver ponds, dams, and canals and is
located between the only vehicle bridge within the southwestern part of
Coyote Creek State Park and the southern boundary of the park; and
within another area that contains extensive beaver activity about 1.9
km (1.2 mi) south of the confluence of Little Blue Creek and Coyote
Creek. The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: severe wildland fires, recreation, grazing, water
use and management, floods, the reduction in the distribution and
abundance of beaver ponds, and development. The occupied areas are
centered around the two capture locations plus an additional 0.8-km
(0.5-mi) segment upstream and downstream of these areas where the
physical and biological features are found. The remaining unoccupied
areas within Unit 2 are found both upstream and downstream of the
occupied areas, and are considered essential to the conservation of the
New Mexico meadow jumping mouse (as described in the Unit Description
introduction section above).

[[Page 37340]]

Unit 3: Jemez Mountains

Unit 3 consists of 1,118 ha (2,761 ac) of streams within three
subunits on private lands and areas owned by the Forest Service and the
State of New Mexico within Sandoval County, New Mexico. Areas proposed
for critical habitat for the New Mexico meadow jumping mouse in this
unit incorporate the only habitat known to be occupied by the species
since 2005 within the Jemez Mountains with the capability to support
the breeding and reproduction of the species.
Subunit 3-A; San Antonio Creek
Subunit 3-A consists of 234 ha (579 ac) along 11.5 km (7.1 mi) of
San Antonio Creek on private lands and areas owned by the Forest
Service. This subunit begins along the northern part of San Antonio
Creek where it exits the boundary of the Valles Caldera National
Preserve and follows the creek through mostly Forest Service lands
where it meets private land immediately downstream of the San Antonio
Campground.
Based upon the capture of one New Mexico meadow jumping mouse since
2005 (Frey 2005a, pp. 15, 24, 58), approximately 0.4 ha (1 ac) within
this unit along San Antonio Creek are considered occupied at the time
of listing and contain suitable habitat. The occupied area is located
within a wet meadow near the southwestern part of San Antonio
Campground (Frey 2005a, pp. 15, 24, 58). The features essential to the
conservation of this species may require special management
considerations or protection to reduce the following threats: severe
wildland fires, recreation, grazing, floods, and the reduction in the
distribution and abundance of beaver ponds. The occupied area is
centered around the capture location plus an additional 0.8-km (0.5-mi)
segment upstream and downstream of this area where the physical and
biological features are found. The remaining unoccupied areas within
Subunit 3-A are found both upstream and downstream of the occupied
area, and are considered essential to the conservation of the New
Mexico meadow jumping mouse (as described in the Unit Description
introduction section above).
Subunit 3-B; Rio Cebolla
Subunit 3-B consists of 429 ha (1,060 ac) along 20.7 km (12.9 mi)
of the Rio Cebolla on private lands and areas owned by the Forest
Service and the State of New Mexico. This subunit extends from an old
beaver dam about 0.6 km (0.4 mi) north of Hay Canyon downstream about
where it meets the Rio de las Vacas.
Based upon captures of the New Mexico meadow jumping mouse since
2005 (Frey 2005a, pp. 23-28, 37-38; Frey 2007b, p. 11), approximately
10.7 ha (26.4 ac) within this unit on State of New Mexico and Forest
Service lands in New Mexico are considered occupied at the time of
listing and contain suitable habitat. The occupied areas occurs at six
locations along the Rio Cebolla: near the western edge of the
northwestern pond along the access road within the New Mexico
Department of Game and Fish's Seven Springs Hatchery; within Fenton
Lake State Park at the upper end of Fenton Lake Marsh above Highway 126
and the New Mexico Highway 126 bridge; within Fenton Lake State Park
Day Use Area at the mouth of a small tributary that enters the
southwest side of Fenton Lake; within Lake Fork Canyon inside a
livestock exclosure above the bridge on Forest Road 376; within a
network of channels, beaver ponds, and wet meadows about 0.9 kilometers
(0.6 miles) southwest of Forest Road 376 bridge; and about 2.7 km (1.7
mi) north of the confluence of the Rio Cebolla and the Rio de las Vacas
(Frey 2005a, pp. 23-28, 37-38; Frey 2007b, p. 11). The features
essential to the conservation of this species may require special
management considerations or protection to reduce the following
threats: severe wildland fires, recreation, grazing, floods, the
reduction in the distribution and abundance of beaver ponds,
development, and highway reconstruction. The occupied areas are
centered around the six capture locations plus an additional 0.8-km
(0.5-mi) segment upstream and downstream of these areas where the
physical and biological features are found. The remaining unoccupied
areas within Subunit 3-B are found both upstream and downstream of the
occupied areas, and are considered essential to the conservation of the
New Mexico meadow jumping mouse (as described in the Unit Description
introduction section above).
Subunit 3-C; Rio de las Vacas
Subunit 3-C consists of 454 ha (1,122 ac) along 23.3 km (14.5 mi)
of the Rio de las Vacas on private lands and areas owned by the Forest
Service. This subunit starts about 0.8 km (0.5 mi) north of Forest Road
94 adjacent to Burned Canyon and extends downstream to the confluence
with the Rio Cebolla Subunit.
Although much of the habitat was historically occupied with
individuals detected as recently as 1989 (Morrison 1985; 1992, p. 311;
Frey 2005a, p. 7), no New Mexico meadow jumping mice were captured
during surveys in 2005 (Frey 2005a, p. 18). The entire subunit is
considered unoccupied at the time of listing. All of the areas within
the Subunit 3-C are considered essential to the conservation of the New
Mexico meadow jumping mouse (as described in the Unit Description
introduction section above).

Unit 4: Sacramento Mountains

Unit 4 consists of 777 ha (1,920 ac) of streams within five
subunits on private lands and areas owned by the Forest Service within
Otero County, New Mexico. Areas proposed for critical habitat for the
New Mexico meadow jumping mouse in this unit incorporate the only
habitat known to be occupied by the species since 2005 within the
Sacramento Mountains with the capability to support the breeding and
reproduction of the species.
Subunit 4-A; Silver Springs
Subunit 4-A consists of 105 ha (260 ac) along 5.2 km (3.2 mi) of
Silver Springs Creek on private lands and areas owned by the Forest
Service. This subunit begins about 0.3 km (0.2 mi) north of the
intersection of Forest Road 162 and New Mexico Highway 244 and follows
Silver Springs Creek downstream to the boundary of Forest Service and
Mescalero Apache lands.
Based upon the capture of one New Mexico meadow jumping mouse since
2005 (Frey 2005a, p. 31), approximately 5.4 ha (13.3 ac) within this
unit on Forest Service lands in New Mexico are considered occupied at
the time of listing. The occupied area is located within a grazing
exclosure containing well-developed riparian habitat about 7.4 km (4.6
mi) north of Cloudcroft along middle Silver Springs Creek, at Junction
of Turkey Pen Canyon and Forest Road 405 (Frey 2005a, pp. 31, 38). The
features essential to the conservation of this species may require
special management considerations or protection to reduce the following
threats: severe wildland fires, grazing, floods, and the reduction in
the distribution and abundance of beaver ponds. The occupied area is
centered around the capture location plus an additional 0.8-km (0.5-mi)
segment upstream and downstream of this area where the physical and
biological features are found. The remaining unoccupied areas within
Subunit 4-A are found both upstream and downstream of the occupied
area, and are considered essential to the conservation of the New
Mexico meadow jumping mouse (as described

[[Page 37341]]

in the Unit Description introduction section above).
Subunit 4-B; Upper Rio Pe[ntilde]asco
Subunit 4-B consists of 136 ha (335 ac) along 6.4 km (4.0 mi) of
the Rio Pe[ntilde]asco on private lands and areas owned by the Forest
Service. This subunit begins at the junction of Forest Service Road 164
and New Mexico Highway 6563 and follows the Rio Pe[ntilde]asco drainage
downstream to about 2.4 km (1.5 mi) below Bluff Spring at the boundary
of private and Forest Service lands.
Although much of the habitat was historically occupied with
individuals detected as recently as 1988 (Morrison 1989, pp. 7-10, Frey
2005a, pp. 30-31), no New Mexico meadow jumping mice were captured
during surveys in 2005 (Frey 2005a, pp. 19-20, 32-34). The entire
subunit is considered unoccupied at the time of listing. All of the
areas within the Subunit 4-B are considered essential to the
conservation of the New Mexico meadow jumping mouse (as described in
the Unit Description introduction section above).
Subunit 4-C; Middle Rio Pe[ntilde]asco
Subunit 4-C consists of 264 ha (652 ac) along 11.4 km (7.1 mi) of
the Rio Pe[ntilde]asco on private lands and areas owned by the Forest
Service. This subunit begins at the junction of Wills Canyon and Forest
Service Road 169 and follows the Rio Pe[ntilde]asco drainage downstream
to the junction of Forest Road 212.
Based upon the capture of two New Mexico meadow jumping mice in
2012, following the cessation of grazing for 2 years, (Forest Service
2012h, pp. 2-4; Service 2012d; U.S. Army Corps of Engineers 2012,
entire; 2012a, entire), approximately 0.3 ha (0.75 ac) within this unit
on Forest Service lands in New Mexico are considered occupied at the
time of listing. The occupied area is located within a wetland at the
junction of Cox Canyon and the Rio Pe[ntilde]asco (Forest Service
2012h, pp. 2-4). The features essential to the conservation of this
species may require special management considerations or protection to
reduce the following threats: severe wildland fires, recreation,
grazing, floods, and the reduction in the distribution and abundance of
beaver ponds. The occupied area is centered around the capture location
plus an additional 0.8-km (0.5-mi) segment upstream and downstream of
this area where the physical and biological features are found. The
remaining unoccupied areas within Subunit 4-C are found both upstream
and downstream of the occupied area, and are considered essential to
the conservation of the New Mexico meadow jumping mouse (as described
in the Unit Description introduction section above).
Subunit 4-D; Wills Canyon
Subunit 4-D consists of 111 ha (275 ac) along 5.6 km (3.5 mi) of
streams on private lands and areas owned by the Forest Service. This
subunit begins at upper Mauldin Spring, the head of the Wills Canyon,
and follows the drainage downstream along Forest Service Road 169 to
the boundary of Forest Service and private lands in the vicinity of
Bear Spring.
Based upon the capture of one New Mexico meadow jumping mouse in
2012 (Forest Service 2012b, entire; 2012c, entire; 2012h, pp. 2-5),
approximately 0.8 ha (1.9 ac) within this unit on Forest Service lands
in New Mexico are considered occupied at the time of listing. The
occupied area is located within a grazing exclosure at Lower Mauldin
Spring in Wills Canyon (Forest Service 2012h, pp. 2-5). The features
essential to the conservation of this species may require special
management considerations or protection to reduce the following
threats: severe wildland fires, grazing, floods, and the reduction in
the distribution and abundance of beaver ponds. The occupied area is
centered around the capture location plus an additional 0.8-km (0.5-mi)
segment upstream and downstream of this area where the physical and
biological features are found. The remaining unoccupied areas within
Subunit 4-D are found both upstream and downstream of the occupied
area, and are considered essential to the conservation of the New
Mexico meadow jumping mouse (as described in the Unit Description
introduction section above).
Subunit 4-E; Agua Chiquita Canyon
Subunit 4-E consists of 161 ha (398 ac) along 7.7 km (4.8 mi) of
Agua Chiquita Creek on areas owned by the Forest Service. This subunit
begins about 0.8 km (0.5 mi) upstream of the livestock exclosure around
Barrel and Sand Springs along Agua Chiquita Creek and follows the
canyon downstream along Forest Service Road 64 to Crisp, a Forest
Service riparian pasture.
Based upon multiple captures of New Mexico meadow jumping mice
since 2005 (Frey 2005a, p. 34; Forest Service 2010, entire; Service
2012d, pp. 1-2), approximately 4.9 ha (12.0 ac) within this unit on
Forest Service lands in New Mexico are considered occupied at the time
of listing. The occupied areas are located within two of four fenced
livestock exclosures including: the exclosure surrounding Sand and
Barrel Springs and the most downstream section of the second in the
series of four exclosures (Frey 2005a, p. 34; Forest Service 2010,
entire; Service 2012d, pp. 1-2). The features essential to the
conservation of this species may require special management
considerations or protection to reduce the following threats: severe
wildland fires, recreation, grazing, floods, and the reduction in the
distribution and abundance of beaver ponds. The occupied areas are
centered around the two capture locations plus an additional 0.8-km
(0.5-mi) segment upstream and downstream of these areas where the
physical and biological features are found. The remaining unoccupied
areas within Subunit 4-E are found both upstream and downstream of the
occupied areas, and are considered essential to the conservation of the
New Mexico meadow jumping mouse (as described in the Unit Description
introduction section above).

Unit 5: White Mountains

Unit 5 consists of 2,448 ha (6,047 ac) of streams within eight
subunits on private lands and areas owned by the Forest Service and the
State of Arizona within Greenlee and Apache Counties, Arizona. Areas
proposed for critical habitat for the New Mexico meadow jumping mouse
in this unit incorporate the only habitat known to be occupied by the
species since 2005 within the White Mountains with the capability to
support the breeding and reproduction of the species.
Subunit 5-A; Little Colorado River
Subunit 5-A consists of 478 ha (1,181 ac) along 22.6 km (14.0 mi)
of the Little Colorado River on private lands and areas owned by the
Forest Service. This subunit encompasses the East and West Forks of the
Little Colorado River. The East Fork Segment begins 0.8 km (0.5 mi)
upstream of the Phelps Research Natural Area and follows the drainage
downstream about 3.2 km (2.0 mi) to the confluence of Lee Valley Creek
and then runs upstream about 1.6 km (1.0 mi) to the dam of Lee Valley
Reservoir. The subunit continues from the confluence of Lee Valley
Creek and the East Fork, downstream to the confluence of the West Fork
of the Little Colorado River, continuing to about 8.9 km (5.5 mi)
upstream along the drainage to about 0.8 km (0.5 mi) past Sheep's
Crossing.
Based upon multiple captures of New Mexico meadow jumping mice
since 2008 (Frey 2011, p. 87; ADGF 2012a, p. 3), approximately 0.6 ha
(1.5 ac) within

[[Page 37342]]

this unit on Forest Service lands in Arizona are considered occupied at
the time of listing. The occupied area is within a livestock exclosure
along a short 0.4-km stream reach that is 1.8 km (1.1 mi) south of
Greer, below Montlure Camp ((Frey 2011, p. 87; ADGF 2012a, p. 3). In
2011, the Wallow Fire burned much of this area, and surveys during 2012
continued to detect New Mexico meadow jumping mice (ADGF 2012a, p. 3).
The features essential to the conservation of this species may require
special management considerations or protection to reduce the following
threats: severe wildland fires, recreation, grazing, floods, the
reduction in the distribution and abundance of beaver ponds, and
development. The occupied areas are centered around the capture
locations plus an additional 0.8-km (0.5-mi) segment upstream and
downstream of this area where the physical and biological features are
found. The remaining unoccupied areas within Subunit 5-A are found both
upstream and downstream of the occupied area, and are considered
essential to the conservation of the New Mexico meadow jumping mouse
(as described in the Unit Description introduction section above).
Subunit 5-B; Nutrioso Creek
Subunit 5-B consists of 413 ha (1,021 ac) along 20.4 km (12.7 mi)
of Nutrioso Creek on private lands and areas owned by the Forest
Service. This subunit begins at the confluence of Paddy Creek about 4.8
km (3 mi) south of the town of Nutrioso and follows the drainage
downstream about 16 km (10 mi) to Nelson Reservoir.
Based upon multiple captures of New Mexico meadow jumping mice
since 2008 (Frey 2011, pp. 29, 35, 89, 95; ADGF 2012a, p. 3),
approximately 1.9 ha (4.9 ac) within this unit on Forest Service lands
in Arizona are considered occupied at the time of listing. The occupied
area is a short 1.3-km (0.8-mi) stream reach 3.9 km (2.4 mi) south of
the town of Nutrioso. In 2011, the Wallow Fire burned much of this
area, and surveys during 2012 continued to detect New Mexico meadow
jumping mice (ADGF 2012a, p. 3). The features essential to the
conservation of this species may require special management
considerations or protection to reduce the following threats: severe
wildland fires, grazing, floods, the reduction in the distribution and
abundance of beaver ponds, highway reconstruction, and development. The
occupied area is centered around the capture locations plus an
additional 0.8-km (0.5-mi) segment upstream and downstream of this area
where the physical and biological features are found. The remaining
unoccupied areas within Subunit 5-B are found both upstream and
downstream of the occupied area, and are considered essential to the
conservation of the New Mexico meadow jumping mouse (as described in
the Unit Description introduction section above).
Subunit 5-C; San Francisco River
Subunit 5-C consists of 252 ha (622 ac) along 11.8 km (7.3 mi) of
the San Francisco River and its tributary Turkey (=Talwiwi) Creek on
private lands and areas owned by the Forest Service. This subunit
begins about 0.6 km (0.4 mi) west of Forest Road 8854 along the San
Francisco River and follows the drainage downstream about 10.5 km (6.5
mi), including a 1.3-km (0.8-mi) segment of Turkey (= Talwiwi) Creek
that is south of Arizona Highway 180, then continues downstream to the
headwaters of Luna Lake.
Based upon multiple captures of New Mexico meadow jumping mice
since 2008 (Frey 2011, p. 97), approximately 0.9 ha (2.3 ac) within
this unit on Forest Service lands in Arizona are considered occupied at
the time of listing. There are two occupied areas within this unit
including: a small livestock exclosure along a 0.2-km (0.1-mi) stream
reach of upper Turkey Creek at the junction of Highway 80 and Forest
Road 289; and two fenced livestock exclosures along a 0.4-km (0.2-mi)
stream reach at the junction of the San Francisco River and Forest Road
8854 (Frey 2011, p. 97). In 2011, the Wallow Fire burned much of this
area, and surveys during 2012 did not detect New Mexico meadow jumping
mice (ADGF 2012, entire, 2012a, p. 2). However, until multiple years of
surveys determine that the population has been extirpated, we consider
this area within the geographical area occupied by the New Mexico
meadow jumping mouse at the time of listing. The features essential to
the conservation of this species may require special management
considerations or protection to reduce the following threats: severe
wildland fires, grazing, floods, the reduction in the distribution and
abundance of beaver ponds, highway reconstruction, and development. The
occupied areas are centered around the capture locations plus an
additional 0.8-km (0.5-mi) segment upstream and downstream of these
areas where the physical and biological features are found. The
remaining unoccupied areas within Subunit 5-C are found both upstream
and downstream of the occupied areas, and are considered essential to
the conservation of the New Mexico meadow jumping mouse (as described
in the Unit Description introduction section above).
Subunit 5-D; East Fork Black River
Subunit 5-D consists of 421 ha (1,040 ac) along 20.3 km (12.6 mi)
of the East Fork of the Black River areas owned by the Forest Service.
This subunit begins 0.8 km (0.5 mi) north of the intersection of Three
Forks Road and Route 285 and follows the drainage downstream about 20.3
km (12.6 mi), where it abuts the West Fork Black River Subunit (see
``West Fork Black River Subunit'' below).
Based upon multiple captures of New Mexico meadow jumping mice
since 2008 (Frey 2011, p. 97; ADGF 2012, entire, 2012a, p. 2),
approximately 6.9 ha (16.9 ac) within this unit on Forest Service lands
in Arizona are considered occupied at the time of listing. The occupied
area is located along the headwaters of the East Fork Black River near
the intersection of Three Forks Road and Route 285 (Frey 2011, p. 97;
ADGF 2012, entire, 2012a, p. 2). In 2011, the Wallow Fire burned much
of this area and surveys during 2012 continued to detect New Mexico
meadow jumping mice (ADGF 2012a, p. 2). The features essential to the
conservation of this species may require special management
considerations or protection to reduce the following threats: severe
wildland fires, grazing, floods, the reduction in the distribution and
abundance of beaver ponds, and highway reconstruction. The occupied
area is centered around the capture location plus an additional 0.8-km
(0.5-mi) segment upstream and downstream of this area where the
physical and biological features are found. The remaining unoccupied
areas within Subunit 5-D are found both upstream and downstream of the
occupied area, and are considered essential to the conservation of the
New Mexico meadow jumping mouse (as described in the Unit Description
introduction section above).
Subunit 5-E; West Fork Black River
Subunit 5-E consists of 481 ha (1,188 ac) along 23.0 km (14.3 mi)
of the West Fork of the Black River on private lands and areas owned by
the Forest Service and the State of Arizona. The proposed subunit
begins at the confluence of the West Fork of the Black River and Burro
Creek and follows the drainage downstream where it abuts the East Fork
Black River Subunit (see ``East Fork Black River Subunit'' above).
Based upon multiple captures of New Mexico meadow jumping mice
since

[[Page 37343]]

2008 (Frey 2011, p. 97; ADGF 2012, entire, 2012a, p. 2), approximately
13.7 ha (33.9 ac) within this unit on Forest Service lands in Arizona
are considered occupied at the time of listing. The occupied areas
occur at four locations: along the upper West Fork Black River just
north of Forest Road 116; immediately adjacent to the campground along
the middle Fork of the Black River; at the junction of Forest Road 68
and the middle Fork of the Black River; and near the junction of the
lower Fork of the Black River and Home Creek (Frey 2011, p. 97; ADGF
2012, entire, 2012a, pp. 2-3). In 2011, the Wallow Fire burned much of
this area and surveys during 2012 continued to detect New Mexico meadow
jumping mice at the lower and middle sections of the West Fork Black
River (ADGF 2012a, pp. 2-3). Although New Mexico meadow jumping mice
were not detected at the upper West Fork Black River location, until
multiple years of surveys determine that the population has been
extirpated, we consider this area within the geographical area occupied
by the New Mexico meadow jumping mouse at the time of listing. The
features essential to the conservation of this species may require
special management considerations or protection to reduce the following
threats: severe wildland fires, grazing, floods, the reduction in the
distribution and abundance of beaver ponds, and highway reconstruction.
The occupied areas are centered around the capture locations plus an
additional 0.8-km (0.5-mi) segment upstream and downstream of these
areas where the physical and biological features are found. The
remaining unoccupied areas within Subunit 5-E are found both upstream
and downstream of the occupied areas, and are considered essential to
the conservation of the New Mexico meadow jumping mouse (as described
in the Unit Description introduction section above).
Subunit 5-F; Boggy Creek and Centerfire Creeks
Subunit 5-F consists of 196 ha (485 ac) along 8.9 km (5.5 mi) of
Boggy Creek and Centerfire Creek on areas owned by the Forest Service.
The East Segment of the subunit begins 0.8 km (0.5 mi) north of the
intersection of Route 25 and Boggy Creek and follows the drainage
downstream to the confluence with Centerfire Creek. The West segment
begins 0.8 km (0.5 mi) north of the intersection of Route 25 and
Centerfire Creek and follows the drainage downstream to the confluence
with Boggy Creek, then continues downstream to the confluence with the
Black River.
Based upon multiple captures of New Mexico meadow jumping mice
since 2008 (Frey 2011, pp. 104-105; ADGF 2012, entire, 2012, p. 3),
approximately 3.0 ha (7.5 ac) within this unit on Forest Service lands
in Arizona are considered occupied at the time of listing. The occupied
areas are located within fenced livestock exclosures at the junction of
Forest Road 25 and Boggy Creek; and within a fenced livestock exclosure
at the junction of Forest Road 25 and Centerfire Creek (Frey 2011, pp.
104-105; ADGF 2012, entire, 2012, p. 3). In 2011, the Wallow Fire
burned much of this area, and surveys during 2012 continued to detect
New Mexico meadow jumping mice (ADGF 2012a, p. 3). The features
essential to the conservation of this species may require special
management considerations or protection to reduce the following
threats: severe wildland fires, grazing, floods, and the reduction in
the distribution and abundance of beaver ponds. The occupied areas are
centered around the capture locations plus an additional 0.8-km (0.5-
mi) segment upstream and downstream of these areas where the physical
and biological features are found. The remaining unoccupied areas
within Subunit 5-F are found both upstream and downstream of the
occupied areas, and are considered essential to the conservation of the
New Mexico meadow jumping mouse (as described in the Unit Description
introduction section above).
Subunit 5-G; Corduroy Creek
Subunit 5-G consists of 104 ha (256 ac) along 4.8 km (3.0 mi) of
Corduroy Creek on lands owned by the Forest Service. The proposed
subunit begins at the headwaters about 0.8 km (0.5 mi) south of the
intersection of County Road 24 and County Road 8184A and follows the
drainage downstream to the confluence with Fish Creek.
Based upon multiple captures of New Mexico meadow jumping mice
since 2009 (Frey 2011, pp. 104-105; ADGF 2012, entire, 2012a, p. 4),
approximately 0.4 ha (1.1 ac) within this unit on Forest Service lands
in Arizona are considered occupied at the time of listing. The occupied
area is located within fenced livestock exclosures at the junction of
Forest Road 8184A and Corduroy Creek (Frey 2011, pp. 104-105; ADGF
2012, entire, 2012a, p. 4). In 2011, the Wallow Fire burned much of
this area, and surveys during 2012 continued to detect New Mexico
meadow jumping mice (ADGF 2012a, p. 4). The features essential to the
conservation of this species may require special management
considerations or protection to reduce the following threats: severe
wildland fires, grazing, floods, and the reduction in the distribution
and abundance of beaver ponds. The occupied area is centered around the
capture location plus an additional 0.8-km (0.5-mi) segment upstream
and downstream of this area where the physical and biological features
are found. The remaining unoccupied areas within Subunit 5-G are found
both upstream and downstream of the occupied area, and are considered
essential to the conservation of the New Mexico meadow jumping mouse
(as described in the Unit Description introduction section above).
Subunit 5-H; Campbell Blue Creek
Subunit 5-H consists of 102 ha (253 ac) along 4.8 km (3.0 mi) of
Campbell Blue Creek on private lands and areas owned by the Forest
Service. The proposed subunit begins at the confluence with Cat Creek
along Forest Road 281 and extends downstream to the confluence with
Turkey Creek.
Based upon multiple captures of New Mexico meadow jumping mice
since 2008 (Frey 2011, p. 101), approximately 0.008 ha (0.02 ac) within
this unit on Forest Service lands in Arizona are considered occupied at
the time of listing. The occupied area is located within a livestock
exclosure 13 km (8 mi) north of the community of Blue (Frey 2011, p.
101). In 2011, the Wallow Fire burned much of this area, and surveys
during 2012 did not detect New Mexico meadow jumping mice (ADGF 2012,
entire, 2012a, p. 2). However, until multiple years of surveys
determine that the population has been extirpated, we consider this
area within the geographical area occupied by the New Mexico meadow
jumping mouse at the time of listing. The features essential to the
conservation of this species may require special management
considerations or protection to reduce the following threats: severe
wildland fires, grazing, floods, and the reduction in the distribution
and abundance of beaver ponds. The occupied area is centered around the
capture location plus an additional 0.8-km (0.5-mi) segment upstream
and downstream of this area where the physical and biological features
are found. The remaining unoccupied areas within Subunit 5-H are found
both upstream and downstream of the occupied area, and are considered
essential to the conservation of the New Mexico meadow jumping mouse
(as described

[[Page 37344]]

in the Unit Description introduction section above).

Unit 6: Middle Rio Grande

Unit 5 consists of 294 ha (727 ac) of streams, ditches, and canals
within three subunits of streams on lands owned by Isleta Pueblo,
Bernalillo County; Ohkay Owingeh, Rio Arriba County; and the Service's
Bosque del Apache NWR, Socorro County, New Mexico. Areas proposed for
critical habitat for the New Mexico meadow jumping mouse in this unit
incorporate the only habitat believed to be occupied (Bosque del Apache
NWR) by the subspecies within the middle Rio Grande with the capability
to support the breeding and reproduction of the species.
Because Bosque del Apache NWR is the only locality within the
middle Rio Grande considered still in existence (Frey and Wright 2012),
we do not believe one population is sufficient to provide for the
conservation of the species. A designation limited to the range that we
consider occupied by the species within the middle Rio Grande would be
inadequate to recover the species within the unit. We have determined
additional subunits are essential to the conservation of the species
because, if necessary, these additional areas have the potential to
provide for the reintroduction and reestablishment of New Mexico meadow
jumping mouse to support recovery. As such, we are proposing two
additional subunits that were historically occupied, but where presence
of the New Mexico meadow jumping mouse is currently unknown.
Subunit 6-A; Isleta Pueblo
Subunit 6-A consists of 43 ha (105 ac) along 3.7 km (2.3 mi) of
ditches, canals, and marshes on lands owned by Isleta Pueblo. There are
two segments within this subunit. One segment begins at the confluence
of the Isleta Return Channel and the Rio Grande and extends north about
0.5 km (0.3 mi), then heads west about 30 m (100 ft), and finally heads
south about 1.6 km (1 mi) to the end of Isleta Marsh paralleling New
Mexico Highway 314. The other segment begins about 0.8 km (0.5 mi)
south of Highway 25 and extends about 1.6 km (1.0 mi) along the marsh
where it terminates at the railroad crossing, just west of the Rio
Grande.
Much of the habitat was historically occupied with individuals
detected as recently as 1988 (Morrison 1988, pp. 22-27; Frey 2006c,
entire); however, no New Mexico meadow jumping mice surveys have been
conducted recently. The entire subunit is considered unoccupied at the
time of listing. All of the areas within Subunit 6-A are considered
essential to the conservation of the New Mexico meadow jumping mouse
(as described in the Unit Description introduction section above).
We will also consider our partnership with this Tribe and evaluate
the conservation planning and management that occurs for potential
exclusion under section 4(b)(2) of the Act (see ``Exclusions'' below).
Subunit 6-B; Ohkay Owingeh
Subunit 6-B consists of 51 ha (125 ac) along 4.8 km (3.0 mi) of
ditches, canals, and marshes on lands owned by Ohkay Owingeh. There are
two segments within this subunit. The first segment begins at the
junction of New Mexico Highway 291 and immediately west of the middle
Rio Grande, generally follows riparian areas, and terminates about 0.6
km (0.4 mi) southeast of Guique, New Mexico. The second segment begins
near San Juan Lakes, east of the Rio Grande 0.08 km (0.05 mi) east of
Fishpond Road and extends about 0.4 km (0.25 mi) southeast where it
heads northwest about 0.9 km (0.6 mi) through a series of ponds and
marshes, paralleling the eastern edge of the fishing pond. Much of the
habitat was historically occupied with individuals detected as recently
as 1988 (Morrison 1988, pp. 28-35, Frey 2006c, entire); however, no New
Mexico meadow jumping mice were captured during surveys conducted
recently (Morrison 2012, entire). The entire subunit is considered
unoccupied at the time of listing. All of the areas within Subunit 6-B
are considered essential to the conservation of the New Mexico meadow
jumping mouse (as described in the Unit Description introduction
section above).
We will also consider our partnership with this Tribe and evaluate
the conservation planning and management that occurs for potential
exclusion under section 4(b)(2) of the Act (see ``Exclusions'').
Subunit 6-C; Bosque del Apache National Wildlife Refuge
Subunit 6-C consists of 201 ha (496 ac) along 29.6 km (18.5 mi) of
ditches and canals on areas owned by the Service. This subunit includes
parts of a complex ditch system with associated irrigation of Refuge
management units, making habitat within this area unique. This subunit
begins in the northern part of the refuge and generally follows the
Riverside Canal to the southern end, including a 4.8-km (3.0-mi)
segment of Socorro-San Antonio Main Canal.
Based upon multiple captures of the New Mexico meadow jumping mouse
since 2009 (Frey and Wright 2012, entire), approximately 4.1 ha (10.1
ac) within this unit on Service lands in New Mexico are considered
occupied at the time of listing. The occupied area is located along a
2.7-km (1.7-mi) segment of the Riverside Canal (Frey and Wright 2012,
entire). The features essential to the conservation of this species may
require special management considerations or protection to reduce the
following threats: water use and management, severe wildland fires, and
thinning, mowing, or removing tamarisk (also known as saltcedar,
Tamarix ramosissima), decadent stands of willow that are greater than 3
years old or 1.5 meters (4.9 feet) tall. The occupied area is centered
around the capture locations plus an additional 0.8-km (0.5-mi) segment
upstream and downstream of this area where the physical and biological
features are found. The remaining unoccupied areas within Subunit 6-C
are found both upstream and downstream of the occupied area, and are
considered essential to the conservation of the New Mexico meadow
jumping mouse (as described in the Unit Description introduction
section above).

Unit 7: Florida River

Unit 7 consists of 256 ha (634 ac) along 13.6 km (8.4 mi) of the
Florida River on private lands and an area owned by the Bureau of Land
Management, La Plata County, Colorado. The unit begins at the
irrigation diversion structure (Florida Ditch main headgate) of the
Florida Water Conservancy District about 0.8 km (0.5 mi) northeast of
the intersection of La Plata County Road 234 and 237 and follows the
drainage downstream to about 0.16 km (0.1 mi) north of Ranchos Florida
Road.
Based upon the capture of two New Mexico meadow jumping mice since
2007 (Museum of Southwestern Biology 2007; 2007a; Frey 2008c, pp. 42-
45, 56; 2011a, pp. 19, 33), approximately 0.15 ha (0.37 ac) within this
unit on private lands in Colorado are considered occupied at the time
of listing. The occupied area is located 0.9 km (0.6 mi) north of
Highway 160 along the Florida River (Museum of Southwestern Biology
2007; 2007a; Frey 2008c, pp. 42-45, 56; 2011a, pp. 19, 33). The
features essential to the conservation of this species may require
special management considerations or protection to reduce the following
threats: floods, water use and management, development, and coalbed
methane. The occupied area is centered around the capture location

[[Page 37345]]

plus an additional 0.8-km (0.5-mi) segment upstream and downstream of
this area where the physical and biological features are found. The
remaining unoccupied areas within Unit 7 are found both upstream and
downstream of the occupied area, and are considered essential to the
conservation of the New Mexico meadow jumping mouse (as described in
the Unit Description introduction section above).

Unit 8: Sambrito Creek

Unit 8 consists of 75 ha (184 ac) along 4.6 km (2.9 mi) of Sambrito
Creek on private lands and areas owned by the State of Colorado within
Navajo State Park, near Arboles, Archuleta County, Colorado. There are
two segments within this unit. One segment begins at Archuleta County
Road 977, following Sambrito Creek downstream to the headwaters of
Navajo Reservoir. The second segment starts about 0.3 km (0.2 mi) west
of the intersection of Colorado Road 977 and 988 and follows the
drainage about 3.9 km (2.1 mi) through the Sambrito Wetlands Area
downstream about to the headwaters of Navajo Reservoir.
Based upon multiple captures of New Mexico meadow jumping mice in
2012 (Colorado Parks and Wildlife 2012, entire), approximately 0.9 ha
(2.3 ac) within this unit on State of Colorado lands are considered
occupied at the time of listing. The occupied area is located
immediately south of Archuleta County Road 977 along the unnamed
drainage through the Sambrito Wetlands Areas about 1.8 km (1.1 mi) due
west of Sambrito Creek (Colorado Parks and Wildlife 2012, entire). The
features essential to the conservation of this species may require
special management considerations or protection to reduce the following
threats: floods, grazing, water use and management, the reduction in
the distribution and abundance of beaver ponds, development,
recreation, and coalbed methane. The occupied area is centered around
the capture location that is about 0.5 km (0.3 mi) south of Archuleta
County Road 977 plus an additional 0.8-km (0.5-mi) segment upstream and
downstream of this area where the physical and biological features are
found. The remaining unoccupied areas within Unit 8 are found both
upstream and downstream of the occupied area, and are considered
essential to the conservation of the New Mexico meadow jumping mouse
(as described in the Unit Description introduction section above).

Effects of Critical Habitat Designation

Section 7 Consultation

Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that any action they fund, authorize, or carry out
is not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of designated critical habitat of such species. In
addition, section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any agency action that is likely to
jeopardize the continued existence of any species proposed to be listed
under the Act or result in the destruction or adverse modification of
proposed critical habitat.
Decisions by the 5th and 9th Circuit Courts of Appeals have
invalidated our regulatory definition of ``destruction or adverse
modification'' (50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S.
Fish and Wildlife Service, 378 F. 3d 1059 (9th Cir. 2004) and Sierra
Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 434, 442 (5th
Cir. 2001)), and we do not rely on this regulatory definition when
analyzing whether an action is likely to destroy or adversely modify
critical habitat. Under the statutory provisions of the Act, we
determine destruction or adverse modification on the basis of whether,
with implementation of the proposed Federal action, the affected
critical habitat would continue to serve its intended conservation role
for the species.
If a Federal action may affect a listed species or its critical
habitat, the responsible Federal agency (action agency) must enter into
consultation with us. Examples of actions that are subject to the
section 7 consultation process are actions on State, tribal, local, or
private lands that require a Federal permit (such as a permit from the
U.S. Army Corps of Engineers under section 404 of the Clean Water Act
(33 U.S.C. 1251 et seq.) or a permit from the Service under section 10
of the Act) or that involve some other Federal action (such as funding
from the Federal Highway Administration, Federal Aviation
Administration, or the Federal Emergency Management Agency). Federal
actions not affecting listed species or critical habitat, and actions
on State, tribal, local, or private lands that are not federally funded
or authorized, do not require section 7 consultation.
As a result of section 7 consultation, we document compliance with
the requirements of section 7(a)(2) through our issuance of:
(1) A concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) A biological opinion for Federal actions that may affect, or
are likely to adversely affect, listed species or critical habitat.
When we issue a biological opinion concluding that a project is
likely to jeopardize the continued existence of a listed species and/or
destroy or adversely modify critical habitat, we provide reasonable and
prudent alternatives to the project, if any are identifiable, that
would avoid the likelihood of jeopardy and/or destruction or adverse
modification of critical habitat. We define ``reasonable and prudent
alternatives'' (at 50 CFR 402.02) as alternative actions identified
during consultation that:
(1) Can be implemented in a manner consistent with the intended
purpose of the action,
(2) Can be implemented consistent with the scope of the Federal
agency's legal authority and jurisdiction,
(3) Are economically and technologically feasible, and
(4) Would, in the Director's opinion, avoid the likelihood of
jeopardizing the continued existence of the listed species and/or avoid
the likelihood of destroying or adversely modifying critical habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where we have
listed a new species or subsequently designated critical habitat that
may be affected and the Federal agency has retained discretionary
involvement or control over the action (or the agency's discretionary
involvement or control is authorized by law). Consequently, Federal
agencies sometimes may need to request reinitiation of consultation
with us on actions for which formal consultation has been completed, if
those actions with discretionary involvement or control may affect
subsequently listed species or designated critical habitat.

Application of the ``Adverse Modification'' Standard

The key factor related to the adverse modification determination is
whether, with implementation of the proposed Federal action, the
affected critical

[[Page 37346]]

habitat would continue to serve its intended conservation role for the
species. Activities that may destroy or adversely modify critical
habitat are those that alter the physical or biological features to an
extent that appreciably reduces the conservation value of critical
habitat for the New Mexico meadow jumping mouse. As discussed above,
the role of critical habitat is to support life-history needs of the
species and provide for the conservation of the species.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe, in any proposed or final regulation that designates critical
habitat, activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation.
Activities that may affect critical habitat, when carried out,
funded, or authorized by a Federal agency, should result in
consultation for the New Mexico meadow jumping mouse. These activities
include, but are not limited to:
(1) Any activity that destroys, modifies, alters, or removes the
herbaceous riparian vegetation that comprises the species' habitat, as
described in this proposed rule or within the May 2013 SSA Report,
especially if these activities occur during the New Mexico meadow
jumping mouse's active season. Such activities could include, but are
not limited to: Domestic livestock grazing; land clearing or mowing;
activities associated with construction for roads, bridges, pipelines,
or bank stabilization; residential or commercial development; channel
alteration; timber harvest; prescribed fires; off-road vehicle
activity; recreational use; the removal of beaver (excluding irrigation
ditches and canals); and other alterations of watersheds and
floodplains. These activities may affect the physical or biological
features of critical habitat for the New Mexico meadow jumping mouse,
by removing sources of food, shelter, nesting or hibernation sites, or
otherwise impacting habitat essential for completion of its life
history.
(2) Any activity that results in changes in the hydrology of the
unit, including modification to any stream or water body that results
in the removal or destruction of herbaceous riparian vegetation in any
stream or water body. Such activities that could cause these effects
include, but are not limited to, water diversions, groundwater pumping,
watershed degradation, construction or destruction of dams or
impoundments, developments or `improvements' at a spring,
channelization, dredging, road and bridge construction, destruction of
riparian or wetland vegetation, and other activities resulting in the
draining or inundation of a unit.
(3) Any activity (e.g., instream dredging, impoundment, water
diversion or withdrawal, channelization, discharge of fill material)
that detrimentally alters natural processes in a unit, including
changes to inputs of water, sediment, and nutrients, or any activity
that significantly and detrimentally alters water quantity in the unit.
(4) Any activity that could lead to the introduction, expansion, or
increased density of an exotic plant or animal species that is
detrimental to the New Mexico meadow jumping mouse and to its habitat.

Exemptions

Application of Section 4(a)(3) of the Act

The Sikes Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that includes land and water
suitable for the conservation and management of natural resources to
complete an integrated natural resources management plan (INRMP) by
November 17, 2001. An INRMP integrates implementation of the military
mission of the installation with stewardship of the natural resources
found on the base. Each INRMP includes:
(1) An assessment of the ecological needs of the installation,
including the need to provide for the conservation of listed species;
(2) A statement of goals and priorities;
(3) A detailed description of management actions to be implemented
to provide for these ecological needs; and
(4) A monitoring and adaptive management plan.
Among other things, each INRMP must, to the extent appropriate and
applicable, provide for fish and wildlife management; fish and wildlife
habitat enhancement or modification; wetland protection, enhancement,
and restoration where necessary to support fish and wildlife; and
enforcement of applicable natural resource laws.
The National Defense Authorization Act for Fiscal Year 2004 (Pub.
L. 108-136) amended the Act to limit areas eligible for designation as
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16
U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary shall not
designate as critical habitat any lands or other geographic areas owned
or controlled by the Department of Defense, or designated for its use,
that are subject to an integrated natural resources management plan
prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the
Secretary determines in writing that such plan provides a benefit to
the species for which critical habitat is proposed for designation.''
There are no Department of Defense lands within the proposed
critical habitat designation for the New Mexico meadow jumping mouse;
therefore, we do not anticipate exempting any areas under section
4(a)(3)(B)(i) of the Act.

Exclusions

Application of Section 4(b)(2) of the Act

Section 4(b)(2) of the Act states that the Secretary shall
designate and make revisions to critical habitat on the basis of the
best available scientific data after taking into consideration the
economic impact, national security impact, and any other relevant
impact of specifying any particular area as critical habitat. The
Secretary may exclude an area from critical habitat if he determines
that the benefits of such exclusion outweigh the benefits of specifying
such area as part of the critical habitat, unless he determines, based
on the best scientific data available, that the failure to designate
such area as critical habitat will result in the extinction of the
species. In making that determination, the statute on its face, as well
as the legislative history, are clear that the Secretary has broad
discretion regarding which factor(s) to use and how much weight to give
to any factor.
Under section 4(b)(2) of the Act, we may exclude an area from
designated critical habitat based on economic impacts, impacts on
national security, or any other relevant impacts. In considering
whether to exclude a particular area from the designation, we identify
the benefits of including the area in the designation, identify the
benefits of excluding the area from the designation, and evaluate
whether the benefits of exclusion outweigh the benefits of inclusion.
If the analysis indicates that the benefits of exclusion outweigh the
benefits of inclusion, the Secretary may exercise his discretion to
exclude the area only if such exclusion would not result in the
extinction of the species.

Exclusions Based on Economic Impacts

Under section 4(b)(2) of the Act, we consider the economic impacts
of specifying any particular area as critical habitat. In order to
consider economic impacts, we are preparing an analysis of the economic
impacts of the proposed critical habitat designation and related
factors. Potential land use sectors that

[[Page 37347]]

may be affected by New Mexico meadow jumping mouse critical habitat
designation include domestic livestock grazing, activities associated
with construction or improvement of roads, bridges, pipelines, or bank
stabilization; residential or commercial development; recreation;
prescribed burns; and irrigation water use and management.
During the development of a final designation, we will consider
economic impacts, public comments, and other new information, and areas
may be excluded from the final critical habitat designation under
section 4(b)(2) of the Act and our implementing regulations at 50 CFR
424.19.

Exclusions Based on National Security Impacts

Under section 4(b)(2) of the Act, we consider whether there are
lands owned or managed by the Department of Defense (DOD) or lands
where a national security impact might exist. In preparing this
proposal, we have determined that the lands within the proposed
designation of critical habitat for the New Mexico meadow jumping mouse
are not owned or managed by the DOD. Currently, there are no areas
proposed for exclusion based on impacts on national security.

Exclusions Based on Other Relevant Impacts

Under section 4(b)(2) of the Act, we consider any other relevant
impacts, in addition to economic impacts and impacts on national
security. We consider a number of factors including whether the
landowners have developed any HCPs or other management plans for the
area, or whether there are conservation partnerships that would be
encouraged by designation of, or exclusion from, critical habitat. In
addition, we look at Tribal management in recognition of their
capability to appropriately manage their own resources, and consider
the government-to-government relationship of the United States with
Tribal entities. We also consider any social impacts that might occur
because of the designation.
When we evaluate the existence of a conservation plan when
considering the benefits of exclusion, we consider a variety of
factors, including but not limited to, whether the plan is finalized;
how it provides for the conservation of the essential physical or
biological features; whether there is a reasonable expectation that the
conservation management strategies and actions contained in a
management plan will be implemented into the future; whether the
conservation strategies in the plan are likely to be effective; and
whether the plan contains a monitoring program or adaptive management
to ensure that the conservation measures are effective and can be
adapted in the future in response to new information.
In preparing this proposal, we have determined that there are
currently no HCPs for the New Mexico meadow jumping mouse. As detailed
above, the proposed designation includes areas within two Native
American Pueblos that are considered unoccupied by New Mexico meadow
jumping mice, but are essential for the conservation of the species.
Therefore, we have proposed designation of critical habitat for the New
Mexico meadow jumping mouse on tribal lands. We have begun government-
to-government consultation with these tribes, and will continue to do
so throughout the public comment period and during development of the
final designation of critical habitat for the New Mexico meadow jumping
mouse. We will consider these areas for exclusion from the final
critical habitat designation to the extent consistent with the
requirements of section 4(b)(2) of the Act. At this time, we are not
proposing the exclusion of any Tribal areas in this proposed critical
habitat designation. However, we specifically solicit comments on the
inclusion or exclusion of such areas. In the paragraphs below, we
identify lands that we are considering for exclusion under section
4(b)(2) of the Act.
Tribal Management Plans and Partnerships
Ohkay Owingeh (San Juan Pueblo) and Isleta Pueblo contain segments
of the Rio Grande in Rio Arriba and Bernalillo Counties, New Mexico,
respectively, which are essential to the conservation of the New Mexico
meadow jumping mouse. These river segments occur within the proposed
Rio Grande Critical Habitat Unit. We sent notification letters in
November 2011 to both Tribes describing our listing process. We will
coordinate with these Tribes and examine what New Mexico meadow jumping
mouse conservation actions, management plans, and commitments and
assurances occur on these lands for potential exclusion from the final
designation of New Mexico meadow jumping mouse habitat.
Isleta Pueblo
Isleta Pueblo contains proposed New Mexico meadow jumping mouse
critical habitat along the Rio Grande within Bernalillo County, New
Mexico. The Isleta Pueblo has conducted a variety of voluntary
measures, restoration projects, and management actions to conserve
riparian vegetation, including not allowing cattle to graze within the
bosque (riparian areas) and protecting riparian habitat from fire,
maintaining native vegetation, and preventing habitat fragmentation
(Service 2005; 70 FR 60955; Pueblo of Isleta 2005, entire). Because of
the voluntary measures undertaken, we will consider excluding Isleta
Pueblo lands from the final designation of New Mexico meadow jumping
mouse critical habitat under section 4(b)(2) of the Act.
Ohkay Owingeh (San Juan Pueblo)
Ohkay Owingeh contains proposed New Mexico meadow jumping mouse
critical habitat along the Rio Grande within Rio Arriba County, New
Mexico. The Pueblo has conducted a variety of voluntary measures,
restoration projects, and management actions to conserve the New Mexico
meadow jumping mouse and its habitat on their lands. The Pueblo has
engaged in riparian vegetation and wetland improvement projects, while
managing to reduce the occurrence of wildfire due to the abundance of
exotic flammable riparian vegetation, including using Tribal Wildlife
Grants in both 2004 and 2006 to restore riparian and wetland habitat to
benefit the Southwestern willow flycatcher (Empidonax traillii
extimus), bald eagle (Haliaeetus leucocephalus), and other riparian
species on 36.4 ha (90 ac) of the Rio Grande (Service 2007a, p. 42;
Service 2005, 70 FR 60963). Funding for another 10.9 ha (27 ac) of
riparian and wetland restoration was provided in 2007 (Service 2012f,
p. 12). The Pueblo received an additional Tribal Wildlife Grant in 2011
to conduct surveys and restore habitat for the New Mexico meadow New
Mexico meadow jumping mouse (Service 2012f, p. 12). The long-term goal
of the Pueblo's riparian management is to implement innovative
restoration techniques, decrease fire hazards by restoring native
vegetation, share information with other restoration practitioners,
utilize restoration projects in the education of the Tribal community
and surrounding community, and provide a working and training
environment for the people of the Pueblo. Because of the voluntary
measures undertaken, we will consider excluding Ohkay Owingeh (San Juan
Pueblo) lands from the final designation of New Mexico meadow jumping
mouse critical habitat under section 4(b)(2) of the Act.
A final determination on whether the Secretary will exercise his
discretion to exclude any of these areas from critical habitat for the
New Mexico meadow jumping mouse will be made when we publish the final
rule designating critical habitat. We will take into

[[Page 37348]]

account public comments and carefully weigh the benefits of exclusion
versus inclusion of these areas. We may also consider areas not
identified above for exclusion from the final critical habitat
designation based on information we may receive during the preparation
of the final rule (e.g., management plans for additional areas).

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 this proposed rule. The purpose of peer review is to ensure
that our listing determination and critical habitat designation are
based on scientifically sound data, assumptions, and analyses. We have
invited these peer reviewers to comment during this public comment
period.
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.

Required Determinations

Regulatory Planning and Review--Executive Orders 12866 and 13563

Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. The Office of Information and Regulatory
Affairs has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. We have developed this
rule in a manner consistent with these requirements.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.) as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996 (5 U.S.C 801 et seq.), whenever an agency must publish
a notice of rulemaking for any proposed or final rule, it must prepare
and make available for public comment a regulatory flexibility analysis
that describes the effects of the rule on small entities (small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
the agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. The SBREFA amended
the RFA to require Federal agencies to provide a certification
statement of the factual basis for certifying that the rule will not
have a significant economic impact on a substantial number of small
entities.
According to the Small Business Administration, small entities
include small organizations such as independent nonprofit
organizations; small governmental jurisdictions, including school
boards and city and town governments that serve fewer than 50,000
residents; and small businesses (13 CFR 121.201). Small businesses
include such businesses as manufacturing and mining concerns with fewer
than 500 employees, wholesale trade entities with fewer than 100
employees, retail and service businesses with less than $5 million in
annual sales, general and heavy construction businesses with less than
$27.5 million in annual business, special trade contractors doing less
than $11.5 million in annual business, and forestry and logging
operations with fewer than 500 employees and annual business less than
$7 million. To determine whether small entities may be affected, we
will consider the types of activities that might trigger regulatory
impacts under this designation as well as types of project
modifications that may result. In general, the term ``significant
economic impact'' is meant to apply to a typical small business firm's
business operations.
Importantly, the incremental impacts of a rule must be both
significant and substantial to prevent certification of the rule under
the RFA and to require the preparation of an initial regulatory
flexibility analysis. If a substantial number of small entities are
affected by the proposed critical habitat designation, but the per-
entity economic impact is not significant, the Service may certify.
Likewise, if the per-entity economic impact is likely to be
significant, but the number of affected entities is not substantial,
the Service may also certify.
The Service's current understanding of recent case law is that
Federal agencies are only required to evaluate the potential impacts of
rulemaking on those entities directly regulated by the rulemaking;
therefore, they are not required to evaluate the potential impacts to
those entities not directly regulated. The designation of critical
habitat for an endangered or threatened species only has a regulatory
effect where a Federal action agency is involved in a particular action
that may affect the designated critical habitat. Under these
circumstances, only the Federal action agency is directly regulated by
the designation, and, therefore, consistent with the Service's current
interpretation of RFA and recent case law, the Service may limit its
evaluation of the potential impacts to those identified for Federal
action agencies. Under this interpretation, there is no requirement
under the RFA to evaluate the potential impacts to entities not
directly regulated, such as small businesses. However, Executive Orders
12866 and 13563 direct Federal agencies to assess costs and benefits of
available regulatory alternatives in quantitative (to the extent
feasible) and qualitative terms. Consequently, it is the current
practice of the Service to assess to the extent practicable these
potential impacts if sufficient data are available, whether or not this
analysis is believed by the Service to be strictly required by the RFA.
In other words, while the effects analysis required under the RFA is
limited to entities directly regulated by the rulemaking, the effects
analysis under the Act, consistent with the E.O. 12866 regulatory
analysis requirements, can take into consideration impacts to both
directly and indirectly impacted entities, where practicable and
reasonable.
In conclusion, we believe that, based on our interpretation of
directly regulated entities under the RFA and relevant case law, this
designation of

[[Page 37349]]

critical habitat will only directly regulate Federal agencies which are
not by definition small business entities. And as such, we certify
that, if promulgated, this designation of critical habitat would not
have a significant economic impact on a substantial number of small
business entities. Therefore, an initial regulatory flexibility
analysis is not required. However, though not necessarily required by
the RFA, in our draft economic analysis for this proposal we will
consider and evaluate the potential effects to third parties that may
be involved with consultations with Federal action agencies related to
this action.

Energy Supply, Distribution, or Use--Executive Order 13211

Executive Order 13211 (Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use) requires
agencies to prepare Statements of Energy Effects when undertaking
certain actions. A small portion of an existing gas pipeline is within
proposed critical habitat; however, we do not expect the designation of
this proposed critical habitat 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. However,
we will further evaluate this issue as we conduct our economic
analysis, and review and revise this assessment as warranted.

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.), we make the following findings:
(1) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, or tribal
governments, or the private sector, and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; Aid to Families
with Dependent Children work programs; Child Nutrition; Food Stamps;
Social Services Block Grants; Vocational Rehabilitation State Grants;
Foster Care, Adoption Assistance, and Independent Living; Family
Support Welfare Services; and Child Support Enforcement. ``Federal
private sector mandate'' includes a regulation that ``would impose an
enforceable duty upon the private sector, except (i) a condition of
Federal assistance or (ii) a duty arising from participation in a
voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal Government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action, may be
indirectly impacted by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of critical
habitat rests squarely on the Federal agency. Furthermore, to the
extent that non-Federal entities are indirectly impacted because they
receive Federal assistance or participate in a voluntary Federal aid
program, the Unfunded Mandates Reform Act would not apply, nor would
critical habitat shift the costs of the large entitlement programs
listed above onto State governments.
(2) We lack the available economic information to determine if a
Small Government Agency Plan is required. Therefore, we defer this
finding until completion of the draft economic analysis is prepared
under section 4(b)(2) of the Act.

Takings--Executive Order 12630

In accordance with Executive Order 12630 (Government Actions and
Interference with Constitutionally Protected Private Property Rights),
we will analyze the potential takings implications of designating
critical habitat for the New Mexico meadow jumping mouse in a takings
implications assessment. Critical habitat designation does not affect
landowner actions that do not require Federal funding or permits, nor
does it preclude development of habitat conservation programs or
issuance of incidental take permits to permit actions that do require
Federal funding or permits to go forward. We have not yet completed the
economic analysis for this proposed rule. Once the economic analysis is
available, we will review and revise this preliminary assessment as
warranted, and prepare a Takings Implication Assessment.

Federalism--Executive Order 13132

In accordance with Executive Order 13132 (Federalism), this
proposed rule does not have significant Federalism effects. A
Federalism assessment is not required. In keeping with Department of
the Interior policy, we requested information from, and coordinated
development of, this proposed critical habitat designation with
appropriate State resource agencies. The designation of critical
habitat in geographic areas currently occupied by the New Mexico meadow
jumping mouse imposes no 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 because the areas that contain the physical or
biological features essential to the conservation of the species are
more clearly defined, and the elements of the features of the habitat
necessary to the conservation of the species are specifically
identified. This information does not alter where and what federally
sponsored activities may occur. However, it may assist local
governments in long-range planning (rather than having them wait for
case-by-case section 7 consultations to occur).
Where State and local governments require approval or authorization
from a Federal agency for actions that may affect critical habitat,
consultation under section 7(a)(2) would be required. While non-Federal
entities that receive Federal funding, assistance, or permits, or that
otherwise require approval or authorization from a Federal agency for
an action, may be indirectly impacted by the designation of critical
habitat, the legally binding duty to avoid destruction or adverse
modification of critical habitat rests squarely on the Federal agency.

Civil Justice Reform--Executive Order 12988

In accordance with Executive Order 12988 (Civil Justice Reform),
the Office of the Solicitor has determined that the

[[Page 37350]]

rule does not unduly burden the judicial system and that it meets the
requirements of sections 3(a) and 3(b)(2) of the Order. We have
proposed designating critical habitat in accordance with the provisions
of the Act. To assist the public in understanding the habitat needs of
the species, the rule identifies the elements of physical or biological
features essential to the conservation of the species. The designated
areas of critical habitat are presented on maps, and the rule provides
several options for the interested public to obtain more detailed
location information, if desired.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). This rule will not impose recordkeeping or
reporting requirements on State or local governments, individuals,
businesses, or organizations. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

It is our position that, outside the jurisdiction of the U.S. Court
of Appeals for the Tenth Circuit, we do not need to prepare
environmental analyses pursuant to NEPA (42 U.S.C. 4321 et seq.) in
connection with designating critical habitat under the Act. We
published a notice outlining our reasons for this determination in the
Federal Register on October 25, 1983 (48 FR 49244). This position was
upheld by the U.S. Court of Appeals for the Ninth Circuit (Douglas
County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied 516 U.S.
1042 (1996)). However, when the range of the species includes States
within the Tenth Circuit, such as that of the New Mexico meadow jumping
mouse, under 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 undertake a NEPA analysis for critical habitat
designation and notify the public of the availability of the draft
environmental assessment for this proposal when it is finished.

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of May 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
Coordination With Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
tribes in developing programs for healthy ecosystems, to acknowledge
that tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to tribes.
There are tribal lands in New Mexico included in this proposed
designation of critical habitat that are unoccupied by the species at
the time of listing that are essential for the conservation of the New
Mexico meadow jumping mouse. We have begun government-to-government
consultation with these tribes. We will consider these areas for
exclusion from the final critical habitat designation to the extent
consistent with the requirements of section 4(b)(2) of the Act. Isleta
Pueblo and Ohkay Owingeh are the main tribes affected by this proposed
rule. We sent notification letters in November 2011 to both tribes
describing the listing process. We will coordinate with these tribes
and examine what New Mexico meadow jumping mouse conservation actions,
management plans, and commitments and assurances occur on these lands
for potential exclusion from the final designation of New Mexico meadow
jumping mouse habitat. We will schedule meetings with these tribes and
any other interested tribes shortly after publication of this proposed
rule so that we can give them as much time as possible to comment.

Clarity of the Rule

We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(1) Be logically organized;
(2) Use the active voice to address readers directly;
(3) Use clear language rather than jargon;
(4) Be divided into short sections and sentences; and
(5) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.

References Cited

A complete list of references cited in this rulemaking is available
on the Internet at http://www.regulations.gov, in the May 2013 version
of the New Mexico Meadow Jumping Mouse Species Status Assessment Report
(Service 2013), 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--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

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) * * *

[[Page 37351]]

--------------------------------------------------------------------------------------------------------------------------------------------------------
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. (AZ, CO, NM).. U.S. (AZ, CO, NM).. E ........... 17.95(a) NA
luteus.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
3. In Sec. 17.95, amend paragraph (a) by adding an entry for ``New
Mexico Meadow Jumping Mouse (Zapus hudsonius luteus),'' in the same
alphabetical order that the species appears in the table at Sec.
17.11(h), to read as follows:

Sec. 17.95 Critical habitat--fish and wildlife.

* * * * *
(a) Mammals.
* * * * *

New Mexico Meadow Jumping Mouse (Zapus hudsonius luteus)

(1) Critical habitat units are depicted for Bernalillo, Colfax,
Mora, Otero, Rio Arriba, Sandoval, and Socorro Counties, in New Mexico;
Las Animas, Archuleta, and La Plata Counties, Colorado; and Greenlee
and Apache Counties, Arizona on the maps below.
(2) Within these areas, the primary constituent elements of the
physical or biological features essential to the conservation of the
New Mexico meadow jumping mouse consist of the following:
(i) Riparian communities along rivers and streams, springs and
wetlands, or canals and ditches characterized by one of two wetland
vegetation community types:
(A) Persistent emergent herbaceous wetlands dominated by beaked
sedge (Carex rostrata) or reed canarygrass (Phalaris arundinacea)
alliances; or
(B) Scrub-shrub riparian areas that are dominated by willows (Salix
spp.) or alders (Alnus spp.); and
(ii) Flowing water that provides saturated soils throughout the New
Mexico meadow jumping mouse's active season that supports tall (average
stubble height of herbaceous vegetation of at least 69 cm (27 inches)
and dense herbaceous riparian vegetation (cover averaging at least 61
vertical cm (24 inches)) composed primarily of sedges (Carex spp. or
Schoenoplectus pungens) and forbs, including, but not limited to one or
more of the following associated species: spikerush (Eleocharis
macrostachya), beaked sedge (Carex rostrata), reed canarygrass
(Phalaris arundinacea), rushes (Juncus spp. and Scirpus spp.), and
numerous species of grasses such as bluegrass (Poa spp.), slender
wheatgrass (Elymus trachycaulus), brome (Bromus spp.), foxtail barley
(Hordeum jubatum), or Japanese brome (Bromus japonicas), and forbs such
as water hemlock (Circuta douglasii), field mint (Mentha arvense),
asters (Aster spp.), or cutleaf coneflower (Rudbeckia laciniata); and
(iii) Sufficient areas of 9 to 24 km (5.6 to 15 mi) along a stream,
ditch, or canal that contain suitable or restorable habitat to support
movements of individual New Mexico meadow jumping mice; and
(iv) Include adjacent floodplain and upland areas extending
approximately 100 m (330 ft) outward from the water's edge (as defined
by the bankfull stage of streams).
(3) Critical habitat does not include manmade structures (such as
buildings, fire lookout stations, runways, roads, and other paved
areas) and the land on which they are located existing within the legal
boundaries on the effective date of this rule.
(4) Critical habitat map units. Units were mapped using the USA
Contiguous Albers Equal Area Conic USGS version projection. The maps in
this entry, as modified by any accompanying regulatory text, establish
the boundaries of the critical habitat designation. The coordinates or
plot points or both on which each map is based are available to the
public at the Service's internet site (http://www.fws.gov/southwest/es/NewMexico/), at http://www.regulations.gov at Docket No. FWS-R2-ES-
2013-0014, and at the New Mexico Ecological Services Field Office. You
may obtain field office location information by contacting one of the
Service regional offices, the addresses of which are listed at 50 CFR
2.2.
(5) Index map of critical habitat for the New Mexico meadow jumping
mouse follows:
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[[Page 37352]]

[GRAPHIC] [TIFF OMITTED] TP20JN13.000

(6) Unit--Sugarite Canyon, New Mexico and Colorado, Map of Unit 1,
follows:

[[Page 37353]]

[GRAPHIC] [TIFF OMITTED] TP20JN13.001

(7) Unit 2--Coyote Creek, New Mexico. Map of Unit 2, follows:

[[Page 37354]]

[GRAPHIC] [TIFF OMITTED] TP20JN13.002

(8) Unit 3--Jemez Mountains, New Mexico. Map of Unit 3, follows:

[[Page 37355]]

[GRAPHIC] [TIFF OMITTED] TP20JN13.003

(9) Unit 4--Sacramento Mountains, New Mexico. Map of Unit 4,
follows:

[[Page 37356]]

[GRAPHIC] [TIFF OMITTED] TP20JN13.004

(10) Unit 5--White Mountains, Arizona. Map of Unit 5, follows:

[[Page 37357]]

[GRAPHIC] [TIFF OMITTED] TP20JN13.005

(11) Unit 6--Middle Rio Grande, Subunit 6A, Isleta Pueblo, New
Mexico. Map of Unit 6, Subunit 6A, follows:

[[Page 37358]]

[GRAPHIC] [TIFF OMITTED] TP20JN13.006

(12) Unit 6--Middle Rio Grande, Subunit 6B, Ohkay Owingeh, New
Mexico. Map of Unit 6, Subunit 6B, follows:

[[Page 37359]]

[GRAPHIC] [TIFF OMITTED] TP20JN13.007

(13) Unit 6--Middle Rio Grande, Subunit 6-C, Bosque del Apache NWR,
New Mexico. Map of Unit 6, Subunit 6-C, follows:

[[Page 37360]]

[GRAPHIC] [TIFF OMITTED] TP20JN13.008

(14) Unit 7--Florida River, Colorado. Map of Unit 7 follows:

[[Page 37361]]

[GRAPHIC] [TIFF OMITTED] TP20JN13.009

(15) Unit 8--Sambrito Creek, Colorado. Map of Unit 8, follows:

[[Page 37362]]

[GRAPHIC] [TIFF OMITTED] TP20JN13.010

[[Page 37363]]

* * * * *

Dated: June 7, 2013.
Michael J. Bean,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2013-14366 Filed 6-19-13; 8:45 am]
BILLING CODE 4310-55-C