[Federal Register Volume 63, Number 92 (Wednesday, May 13, 1998)]
[Rules and Regulations]
[Pages 26517-26530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12828]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE06


Endangered and Threatened Wildlife and Plants; Final Rule to List 
the Preble's Meadow Jumping Mouse as a Threatened Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service determines the Preble's 
meadow jumping mouse (Zapus hudsonius preblei) to be a threatened 
species pursuant to the Endangered Species Act (Act) of 1973, as 
amended. The Preble's meadow jumping mouse, a small rodent in the 
family Zapodidae, is known to occur in seven counties in Colorado and 
two counties in Wyoming. Historical records document its former 
presence in additional counties in Colorado and Wyoming. The Preble's 
meadow jumping mouse lives primarily in heavily vegetated riparian 
habitats. Habitat loss and degradation caused by agricultural, 
residential, commercial, and industrial development imperil its 
continued existence. This action implements the protection of the Act 
for Preble's meadow jumping mouse.

DATES: This rule is effective June 12, 1998.

ADDRESSES: The complete file for this rule is available for public 
inspection, by appointment, during normal business hours at the U.S. 
Fish and Wildlife Service's Colorado Field Office, 755 Parfet Street, 
Suite 361, Lakewood, Colorado.

FOR FURTHER INFORMATION CONTACT: LeRoy W. Carlson, Field Supervisor, 
Colorado Field Office, U.S. Fish and Wildlife Service, P.O. Box 25486, 
Denver Federal Center, Denver, Colorado 80225-0207 (telephone 303/275-
2370).

SUPPLEMENTARY INFORMATION:

Background

    The Preble's meadow jumping mouse (Zapus hudsonius preblei) 
(Preble's) is a small rodent in the family Zapodidae and is 1 of 12 
recognized subspecies of the species Z. hudsonius, the meadow jumping 
mouse (Krutzsch 1954, Whitaker 1972, Hafner 1981). The family Zapus 
consists of small to medium-sized mice with long tails and long feet 
adapted for jumping. Krutzsch (1954) provided a revision of the 
taxonomy of the genus Zapus in North America and recognized three 
living species, Z. hudsonius, Z. trinotatus, and Z. princeps. As the 
most recent revision of Z. hudsonius, this stands as the authority for 
taxonomy. Fitzgerald et al. (1994) described Z. hudsonius as greyish to 
yellowish-brown in color with an indistinct mid-dorsal band of darker 
hair and paler sides, large hindlegs and hindfeet, and a sparsely 
haired tail that accounts for more than 60 percent of the total length.
    In his 1899 revision of North American jumping mice, E. A. Preble 
referred specimens of the meadow jumping mouse from Colorado and 
southeastern Wyoming to the subspecies Z. h. campestris (Preble 1899, 
cited by Krutzsch 1954). Krutzsch (1954) described and named Z. h. 
preblei as separate from Z. h. campestris, indicating as the holotype a 
specimen obtained by E. A. Preble in July 1895 from Loveland, Larimer 
County, Colorado. All records of Preble's are from southeastern Wyoming 
and eastern Colorado. The coloration of Preble's was described by 
Krutzsch (1954) as ``color dull, back from near Clay Color to near 
Tawny-Olive with a mixture of black hair forming poorly defined dorsal 
band; sides lighter than back from near Clay Color to near Cinnamon-
Buff; lateral line distinct and clear Ochraceous-Buff; belly white, 
sometimes faint wash of clear Ochraceous-Buff; tail bicolored, brownish 
to light brownish-black above, grayish-white to yellowish-white below'' 
(capitalized color terms refer to a scientific standard, while lower 
case terms reflect common usage). Krutzsch (1954) also provided a 
technical description of the skull of Preble's, which can prove 
important to its identification.
    There is a similarity of appearance between the Preble's meadow 
jumping mouse and Z. princeps, which also occurs in portions of 
Colorado and Wyoming. In general, Z. hudsonius may be distinguished 
from Z. princeps by average external size and cranial size (Krutzsch 
1954, Whitaker 1972). Preble's may be distinguished from Z. princeps by 
a less pronounced mid-dorsal band, smaller average total length, and a 
skull that is small and light with a narrower braincase and smaller 
molars (Fitzgerald et al. 1994). Since coloration of the mid-dorsal 
band and total length are not definitive characteristics, skull 
measurements are most useful for positive identification. Ranges of the 
Preble's and Z. princeps are not known to overlap in Colorado but the 
relationships between respective ranges in Wyoming is less clear 
(Garber 1995, Armstrong 1972).
    Krutzsch (1954) commented on the presence of physical habitat 
barriers and lack of known intergradation between the Preble's meadow 
jumping mouse, known only from eastern Colorado and southeastern 
Wyoming, and other identified subspecies of Z. hudsonius ranging to the 
east and north. Among recognized subspecies, Krutzsch found that 
Preble's most closely resembled Z. campestris from northeastern 
Wyoming, but summarized differences in coloration and skull 
characteristics. Krutzsch concluded that considerable differences 
existed between Preble's and related subspecies. In contrast, Jones 
(1981) studied specific and intraspecific relationships within Zapus 
and recognized no subspecies of Z. hudsonius. Jones did, however cite 
that Z. hudsonius populations in Colorado and southeastern Wyoming were 
apparently isolated from other populations. Hafner et al. (1981) 
described an additional subspecies Z. hudsonius luteus present in New 
Mexico and Arizona and differentiated it from Preble's. This subspecies 
was previously considered Z. princeps luteus, a subspecies of the 
western jumping mouse. Recently, Z. h. luteus was found in Las Animas 
County, Colorado (Riggs et al. 1997), the furthest north that the 
subspecies has been recorded, but over 100 miles south of the confirmed 
range of Preble's in Colorado.
    Results from genetic analysis of mice from Rocky Flats 
Environmental Technology Site (Rocky Flats) in Jefferson County, 
Colorado, Z.

[[Page 26518]]

hudsonius from Minnesota and Indiana, and, Z. princeps from Colorado, 
provided clear evidence that the Rocky Flats mice were of the species 
Z. hudsonius. However, the analysis did not provide a means of 
separating subspecies of Z. hudsonius (Bruce Wunder, Colorado State 
University, pers. comm. 1996). Under a cost-sharing agreement with the 
U.S. Fish and Wildlife Service, the Colorado Division of Wildlife 
supported genetic studies of Preble's trapped in Colorado and Wyoming 
during the 1996 and 1997 field seasons. Tissue samples from presumed 
Preble's trapped at 23 locations in Colorado and 2 in Wyoming were 
assessed, through mitochondrial DNA analysis, and compared to reference 
samples of Z. princeps and to samples of Z. hudsonius from outside the 
known range of Preble's. The analysis indicated that mice from Albany 
County, Wyoming (Medicine Bow National Forest) to western Las Animas 
County, Colorado (San Isabel National Forest) formed a coherent genetic 
group (Riggs et al. 1997). The report concluded that ``data appear 
consistent with the view that a geographically contiguous set of 
populations previously recognized as Preble's meadow jumping mouse (Z. 
h. preblei) form a homogenous group recognizably distinct from other 
nearby populations and from geographically-adjacent species of the 
genus'' (Riggs et al. 1997). However, some specimens of Z. hudsonius 
from outside the known range of Preble's, including Z. h. campestris 
from northern Wyoming, were indistinguishable from Preble's based on 
the analysis. Hafner (1998) reviewed the report cited above and found 
no fault with the currently accepted taxonomic relationship of the 
subspecies Z. h. preblei, Z. h. campestris, and Z. h. luteus. He 
commented that current recognition of these subspecies is appropriately 
based on geographic variation of morphological traits and distribution.
    Other conclusions of interest from the Riggs et al. (1997) genetic 
study included a specimen from San Isabel National Forest, Las Animas 
County, Colorado, which was identified as Z. princeps when it was 
collected, but was later determined to be most similar to Preble's 
meadow jumping mouse. The presence of Preble's in Las Animas County 
would significantly expand its known range southward. Reexamination of 
this specimen confirmed diagnostic dentation of Z. princeps (Cheri 
Jones, Denver Museum of Natural History, in litt. 1998). A mouse from 
Lone Tree Creek, Weld County, Colorado, and six mice from F.E. Warren 
Air Force Base, Laramie County, Wyoming, were identified as Preble's 
when they were trapped and later determined to be most similar to Z. 
princeps (Riggs et al. 1997). Hafner (1998) suggested that the 
discrepancies in species associations found in the analysis by Riggs et 
al. (1997) could be due to the specific DNA segment chosen for 
analysis, or to limited hybridization in areas where the two species' 
ranges overlap. Riggs et al. (1997), Hafner (1998), Tanya Shenk 
(Colorado Division of Wildlife, in litt. 1998), and David Armstrong 
(University of Colorado, in litt. 1998) encouraged additional genetic 
and morphological investigations to further define relationships among 
Zapus in the region.
    The Preble's meadow jumping mouse has not been studied as 
extensively as other subspecies of Z. hudsonius have been studied 
elsewhere. Preble's is thought to be similar to other Z. hudsonius in 
patterns of diet, behavior, breeding, and habitat utilization. In 
general, Z. hudsonius subsists on seeds, small fruits, fungi, and 
insects, and hibernates from October to May (Whitaker 1972, Fitzgerald 
et al. 1994). It is adapted for digging, creates nests of grasses, 
leaves, and woody material several centimeters below the ground, and is 
primarily nocturnal or crepuscular, but can be observed during 
daylight. During the breeding season (June to mid-August), females 
typically have 2 to 3 litters of 5 to 6 young per litter (Quimby 1951, 
Fitzgerald et al. 1994). Z. hudsonius hibernates approximately 7 months 
of the year in an underground burrow that it excavates itself (Quimby 
1951, Whitaker 1963).
    Krutzsch (1954), Quimby (1951), and Armstrong (1972) agree that 
across its range, Z. hudsonius occurs mostly in low undergrowth 
consisting of grasses, forbs (herbaceous plants other than grasses), or 
both, in open wet meadows and riparian corridors, or where tall shrubs 
and low trees provide adequate cover. In addition, Z. hudsonius prefers 
lowlands with medium to high moisture over drier uplands. Whitaker 
(1972) concluded that Z. hudsonius avoids the sparse vegetation that is 
generally associated with low moisture habitats. Fitzgerald et al. 
(1994) described Z. hudsonius as most common in lush vegetation along 
watercourses or in herbaceous understories in wooded areas. Tester et 
al. (1993) suggested that proximity to water may be the most important 
factor influencing habitat selection and utilization by Z. hudsonius.
    Some aspects of Preble's meadow jumping mouse life history, 
behavior, and habitat utilization have been documented. Armstrong et 
al. (1997) and Shenk (in litt. 1998) have compiled summaries of 
information on Preble's gleaned from recent studies. Data on the timing 
of the initial breeding period and time of hibernation of the Preble's 
meadow jumping mouse have been gathered by researchers at Rocky Flats 
(PTI Environmental Services 1996a). The month of May marks the 
beginning of the active period for Preble's, with May 5 the earliest 
capture date at Rocky Flats. Breeding probably occurs soon after 
emergence. Adults begin hibernation in early September, while juveniles 
enter hibernation from mid-September to late October. The latest 
recorded date of capture of Preble's at Rocky Flats is October 27. 
Adults reach approximately 20 percent body fat before going into 
hibernation (Wunder pers. com. 1997).
    Little information exists on Preble's meadow jumping mouse food 
preferences. It has been speculated that Preble's may need an open 
water source to fulfill dietary water requirements. Armstrong et al. 
(1997) reported that trapping success in ephemeral drainages decreased 
notably in late summer after creekflow ceased.
    Preble's meadow jumping mouse has been shown to move a significant 
distance along drainages but has not been shown to cross dry uplands to 
reach adjacent drainages. A male Preble's was recaptured 1.6 kilometers 
(km) (1 mile) (mi) upstream from a previous capture site and a female 
Preble's captured 1.2 km (.75 mi) downstream from a previous capture 
site (Thomas Ryon, PTI Environmental Services, pers. com. 1998).
    At Rocky Flats, the Preble's meadow jumping mouse appears to be 
primarily dependent on riparian shrublands, and on mesic mixed 
grasslands that are adjacent to shrublands and in close proximity to 
streams (PTI Environmental Services 1996b). Field studies at Rocky 
Flats led to the conclusion that Preble's is typically found in or near 
complex riparian communities with multi-strata woodland and herbaceous 
species (Harrington et al. 1996). Capture locations were typically 
humid with high litter content. In a spring 1996 study at Rocky Flats, 
all captures were within 25 meters (m) (82 feet) (ft) of streams, with 
48 percent of captures within 5 m (16 ft) of streams (PTI Environmental 
Services 1996a). In the same study, 90 percent of captures occurred 
within 5 m (16 ft) of canopy edge consisting of Salix exigua (coyote 
willow), Symphoricarpos occidentalis (western snowberry), Prunus 
americana

[[Page 26519]]

(choke cherry), and other species. Margins of artificial ponds at Rocky 
Flats are thought to be important foraging sites (Harrington et al. 
1996).
    Most successful capture sites at Rocky Flats were in dense 
vegetation that presented burrowing or nesting opportunities. Five 
nests were located in dense vegetation (Harrington et al. 1995). Based 
on a single underground hibernaculum, located through use of telemetry, 
upland habitats may be used for hibernation by Preble's (Fred 
Harrington, Pawnee Natural History Society, pers. comm. 1995). Robert 
Schorr (Colorado Natural Heritage Program, pers. com. 1997) reported 
four apparent hibernacula located by telemetry from 7 m (23 ft) to 31 m 
(101 ft) from the creek bed of Monument Creek, U.S. Air Force Academy, 
El Paso County, Colorado. All four hibernacula appeared to be below 
Salix exigua.
    Ryon (1996) reported that four of five recent (1990 or later) 
Preble's meadow jumping mouse capture sites he evaluated in Colorado 
had five structural habitat components: trees, tall shrubs, short 
shrubs, herbaceous vegetation, and ground cover. The fifth site had few 
trees. In contrast, historical capture sites where Ryon failed to 
capture Preble's generally lacked one or more of these components.
    Preble's was captured along Monument Creek within the U.S. Air 
Force Academy lands primarily in densely vegetated riparian communities 
where Salix spp., Symphoricarpos occidentalis, Populus angustifolia 
(narrow-leaf cottonwood), and thick grass understory were dominant 
(Corn et al. 1995). Garber (1995) characterized capture sites along 
Lodgepole Creek, Albany County, Wyoming as moist areas near beaver 
ponds with dense sedges and Salix sp. Ryon (1996) suggested that where 
Preble's occupies habitat along intermittent streams, adjacent wet 
meadows and seeps may be important habitats in dry periods.
    Armstrong et al. (1997, p. 77) described typical Preble's meadow 
jumping mouse habitat as ``well-developed plains riparian vegetation 
with relatively undisturbed grassland and a water source in close 
proximity.'' Also noted was a preference for ``dense herbaceous 
vegetation consisting of a variety of grasses, forbs and thick 
shrubs.'' Meaney et al. (1997) suggested that Preble's has a broader 
ecological tolerance than previously thought and while they require 
diverse vegetation and well developed cover, this can be met in a 
variety of circumstances. Recent captures that were exceptions to the 
typical habitat described include individuals found along a small 
irrigation ditch and in a mesic grassy field on City of Boulder Open 
Space land (Clint Miller, City of Boulder, in litt. 1996). Ensight 
Technical Services (1997) reported instances of Preble's meadow jumping 
mouse trapped at or near sites of human alteration including ditches 
along roads and driveways, and wetlands adjacent to highways. Meaney et 
al. (1997) emphasized that vegetated ditches may be a significant 
habitat for Preble's and may provide dispersal routes.
    Preble's meadow jumping mouse may never have been widespread in the 
period since western settlement. Armstrong (1972) described it as 
poorly known in Colorado and apparently nowhere abundant. The known 
historical range of Preble's may represent a relict of a more southern 
range of Z. hudsonius, occupied when the climate was cooler and more 
damp (Fitzgerald et al. 1994). The apparent local extirpation of 
Preble's from historically occupied sites in Colorado and Wyoming, and 
the difficulty in finding it in patches of apparently adequate but 
fragmented habitat isolated by human land uses, suggests a decline in 
populations of Preble's in recent decades.
    Records for Preble's meadow jumping mouse define a range including 
Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Elbert, Jefferson, 
Larimer, and Weld Counties in Colorado; and Albany, Laramie, Platte, 
Goshen, and Converse Counties in Wyoming (Krutzsch 1954, Compton and 
Hugie 1993). Historical sites in Colorado were further discussed by 
Meaney and Clippinger (1995), Ryon (1996), and Ryon and Harrington 
(1996). Garber (1995) discussed historical sites from Wyoming and 
suggested that some Zapus from Wyoming may have been misidentified. He 
indicated that based on study skins alone (without skulls) positive 
identification was not possible. Garber concluded that two specimens 
from the University of Wyoming collection listed as Preble's were 
probably Z. princeps, and that several specimens listed as Z. princeps 
are believed to be Preble's.
    As one might expect, given the intensity of recent surveys for 
Preble's meadow jumping mouse, more individuals have been trapped in 
the decade of the 1990's than were documented prior to 1990. Preble's 
is thought to currently exist in seven counties in Colorado and two in 
Wyoming, but it is not known to be present in three other counties in 
Colorado and three counties in Wyoming where it was previously 
documented.

Colorado

    Recent (since 1992) presence of Preble's meadow jumping mouse in 
Colorado has been documented in seven counties along the following 
watercourses and their tributaries: South Boulder Creek and St. Vrain 
Creek (Boulder County); Coal Creek, and Ralston Creek, and Rock Creek, 
Walnut Creek and Woman Creek at Rocky Flats (Jefferson County); East 
Plum Creek, West Plum Creek, and Indian Creek (Douglas County); 
Monument Creek and tributaries including West Monument Creek, Smith 
Creek, Beaver Creek, Pine Creek, Jackson Creek, Dirty Woman Creek, and 
Cottonwood Creek (El Paso County); Lone Tree Creek (Weld County); 
Rabbit Creek and Lone Pine Creek (Larimer County); and, Running Creek 
(Elbert County).
    A number of historical and recent records of Preble's meadow 
jumping mouse exist for Boulder County. A summary of past records and a 
report of 1995 survey results was provided by Armstrong et al. (1996). 
In 1995, extensive surveys were conducted, through a challenge grant 
cost-share agreement with the Service, to determine the presence of 
Preble's on City of Boulder and Boulder County Open Space lands 
supporting suitable habitat. Of 13 sites surveyed, Preble's were 
captured from 2 sites, both along South Boulder Creek (Armstrong et al. 
1996). In 1996, 3 Preble's were captured on City of Boulder Open Space 
along South Boulder Creek, during an extensive study of grassland 
biodiversity entailing 6,600 trapnights (one trap set for one night 
equals one trapnight) of effort (Miller in litt. 1996). Perhaps 
indicative of population fluctuations, Carron Meaney (Denver Museum of 
Natural History, in litt. 1998) reported a total of 55 individual 
Preble's captured during 1997 studies along South Boulder Creek.
    Meaney et al. (1996) reported capturing at least seven different 
Preble's meadow jumping mice at a Boulder County Open Space site on St. 
Vrain Creek, the only captures on five Boulder County sites they 
surveyed in 1996. A 1997 survey failed to find Preble's on a site along 
St. Vrain Creek near the 1996 capture site (Meaney et al. 1997). 
However, 1997 surveys conducted for the Colorado Department of 
Transportation along State Highway 36 at St. Vrain Creek, and at 
various wetland sites up to two miles south, resulted in captures of 
Preble's in six of seven locations (Ensight Technical Services 1997).
    Annual studies have taken place at Rocky Flats since the discovery 
of the

[[Page 26520]]

Preble's meadow jumping mouse there in 1991 (Harrington et al. 1996). 
Recent populations have been reported in all four major drainages 
within the Rocky Flats buffer zone. During the 1995 field season, 61 
Preble's were trapped at Rocky Flats, bringing the total number of 
individual mice trapped since 1991 to 161 (Harrington pers. comm. 
1995). Estimated density of Preble's in areas trapped during 1995 
studies ranged up to 36 per hectare (ha) (15 per acre (ac)). Spring 
1996 trapping studies at Rocky Flats, designed to document emergence 
from hibernation, resulted in 29 captures of Preble's in 3,553 
trapnights (PTI Environmental Service 1996a). During summer 1996 
studies at Rocky Flats, 3,882 trapnights of effort resulted in capture 
of only 4 Preble's (PTI Environmental Service 1996b).
    During 1996 and 1997 the Colorado Natural Heritage Program reviewed 
numerous sites on Jefferson County Open Space lands for potential 
presence of Preble's meadow jumping mouse and trapped at eight sites. 
In 1996, Preble's were captured on Jefferson County Open Space land 
near the mouth of Coal Creek Canyon, west of Rocky Flats (Fleming et 
al. 1996). In 1997, Preble's were captured at Ralston Creek (White 
Ranch Park, Jefferson County Open Space) (Peterson 1997).
    In Douglas County, Preble's meadow jumping mice were captured from 
a site on East Plum Creek, near Larkspur in 1995 (Harrington 1995). 
Also in 1995, the Colorado Natural Heritage Program located Preble's at 
two sites, one on East Plum Creek and one on West Plum Creek, Douglas 
County. Surveys in 1996 (Meaney et al. 1996) located Preble's at an 
additional site on West Plum Creek south of Sedalia, and at a Colorado 
Division of Wildlife property on Indian Creek (a tributary to Plum 
Creek) south of Louviers. In 1997 the Colorado Natural Heritage Program 
identified, through aerial photographs, 104 sites in the Plum Creek 
watershed in Douglas County that appeared to have suitable Preble's 
habitat. Preble's were captured on 10 of 13 private land sites trapped. 
Use of a habitat relationships model provided an estimate of 30.6 miles 
of occupied streamside habitat in the watershed (Chris Pague and Parker 
Schuerman, The Nature Conservancy, in litt. 1998). Meaney et al. (1997) 
captured Preble's at two of three sites they trapped within the Plum 
Creek drainage in 1997; Willow Creek in Roxborough State Park, and a 
site along East Plum Creek currently being purchased by The 
Conservation Fund.
    In El Paso County, the Colorado Natural Heritage Program discovered 
the Preble's meadow jumping mouse on U.S. Air Force Academy lands along 
Monument Creek while performing small mammal surveys in 1994. In 
comprehensive 1995 studies, 67 Preble's were captured (Corn et al. 
1995). Using varying assumptions regarding trapping results and habitat 
available, total population estimates for Air Force Academy property of 
308 and 449 Preble's were generated. These correspond to density 
estimates in occupied habitat of 2.00 per ha (0.81 per ac) and 2.92 per 
ha (1.18 per ac). Twenty Preble's were captured in 1996 on private land 
along Smith Creek, east of the Air Force Academy (Meaney et al. 1996). 
Trapping surveys submitted to the Service in 1997 from sites of 
proposed construction documented Preble's within the Monument Creek 
drainage off of Air Force Academy property at Monument Creek, Pine 
Creek, Black Squirrel Creek, Cottonwood Creek, and Dirty Woman Creek. 
Meaney et al. (1997) located Preble's within the Monument Creek 
drainage on Beaver Creek.
    Meaney et al. (1997) reported an improved ability to recognize 
suitable habitat and, by targeting mostly small drainages with dense 
vegetation, captured Preble's meadow jumping mouse at 7 of 10 sites 
trapped, including sites in 3 counties not known to have extant 
populations. Preble's were captured at Rabbit Creek and Lone Pine 
Creek, within Cherokee Park State Wildlife Management Area, Larimer 
County. A single apparent Preble's was captured on private land along 
Lone Tree Creek, Weld County (see discussion of genetic studies by 
Riggs et al. 1997). In Elbert County, a single Preble's was found at 
Hay Gulch, a tributary of Running Creek. Among sites recommended for 
future surveys were the confluence of Lone Tree Creek and the South 
Platte River (Weld County), and Bijou Creek, Kiowa Creek, and Running 
Creek (Elbert County) (Meaney et al. 1997).

Wyoming

    In Wyoming, Preble's meadow jumping mouse has been recently 
documented in two counties, along Crow Creek at F.E. Warren Air Force 
Base (Laramie County) and in the Lodgepole Creek drainage, within the 
Medicine Bow National Forest (Albany County). The Wyoming Cooperative 
Research Unit successfully captured two Preble's on F.E. Warren Air 
Force Base, Laramie County, in the 1995 field season (Garber 1995). 
Garber conducted Preble's surveys at four Wyoming sites during the 1995 
field season. He was unable to locate any Preble's on F.E. Warren Air 
Force Base, but did find Preble's at two locations in the Lodgepole 
Creek drainage within the Medicine Bow National Forest in Albany 
County. The Colorado Natural Heritage Program surveyed for Preble's at 
Warren Air Force Base in 1996 and captured 8 apparent Preble's (see 
discussion of genetic studies by Riggs et al. 1997) in 2,200 trapnights 
of effort (Schuerman and Pague 1997).

Previous Federal Action

    The Service included the Preble's meadow jumping mouse as a 
category 2 candidate species in the 1985 Animal Notice of Review (50 FR 
37958) and retained that status in subsequent notices, published in the 
Federal Register on January 6, 1989 (54 FR 554), November 21, 1991 (56 
FR 58810), and November 15, 1994 (59 FR 58982). In 1996 the Service 
discontinued the practice of maintaining a list of category 2 species 
and the Preble's did not appear in the February 28, 1996 (61 FR 7596), 
Notice of Review. Category 2 species were those species for which 
information in the Service's possession indicated that listing was 
possibly appropriate, but for which substantive data on biological 
vulnerability and threats were not available to support a proposed 
rule. Candidate species are currently defined as those species for 
which the Service has sufficient information on file detailing 
biological vulnerability and threats to support issuance of a proposed 
rule, but issuance of the proposed rule is precluded by other listing 
actions.
    On August 16, 1994, the Service received a petition from the 
Biodiversity Legal Foundation to list the Preble's meadow jumping mouse 
as endangered or threatened throughout its range and to designate 
critical habitat within a reasonable amount of time following the 
listing. The petitioner submitted information that Preble's populations 
in Colorado and Wyoming are imperiled by: ongoing and increasing urban, 
industrial, agricultural, ranching, and recreational development; 
ongoing and increasing wetland/riparian habitat destruction and/or 
modification; small size of known populations; and inadequacy or lack 
of governmental protection for the species and its habitats.
    On March 15, 1995 (60 FR 13950), the Service published notice of 
the 90-day finding that the petition presented substantial information 
indicating that listing the Preble's meadow jumping mouse may be 
warranted, and requested comments and biological data on the status of 
the mouse. On March 25, 1997, the Service issued a 12 month finding on 
the petitioned action along with a

[[Page 26521]]

proposed rule to list Preble's as an endangered species and announced a 
90-day public comment period (62 FR 14093). On May 5, 1997, the Service 
announced three public hearings regarding the proposed rule and 
extended the comment period through July 28, 1997 (62 FR 24387). The 
Service reopened the public comment period on December 23, 1997, for a 
period of 30 days, through January 22, 1998 (62 FR 67041).

Summary of Comments and Recommendations

    In the March 25, 1997, proposed rule and associated notifications, 
and in subsequent notices to extend or reopen the public comment 
period, all interested parties were requested to submit factual reports 
or information that might contribute to the development of a final 
rule. The public comment period was extended through July 28, 1997 (62 
FR 24387) and reopened from December 23, 1997, through January 22, 1998 
(62 FR 67041). Various Federal and State agencies, county governments, 
scientific organizations, and other interested parties were contacted 
and requested to comment. Newspaper notices were published in the Rocky 
Mountain News (Denver, CO), the Colorado Springs Gazette-Telegraph 
(CO), the Boulder Daily Camera (CO), the Casper Star Tribune (WY), and 
the Wyoming Eagle Tribune (Cheyenne, WY), which invited general public 
comment and attendance at public hearings.
    Public hearings were initiated by the Service and held May 19, 
1997, in Cheyenne, Wyoming; May 21, 1997, in Colorado Springs, 
Colorado; and May 22, 1997, in Denver, Colorado. Each hearing began 
with opening comments by the Service followed by an opportunity for 
public comments. In Cheyenne, 8 people attended and 1 commented; in 
Colorado Springs 28 attended and 8 commented; and in Denver 27 attended 
and 4 commented.
    One hundred and thirty-eight written comments were received. 
Significant issues are discussed below. Several individuals or groups 
submitted comments in both the original and the reopened comment 
periods, or during hearings and later in writing. Senator Craig Thomas 
of Wyoming opposed the proposal. Two Federal agencies commented and 
opposed the proposal; the Department of Energy's Rocky Flats Field 
Office supported a 6-month extension of the proposed rule. The 
Department of Energy's Western Area Power Administration supported a 
threatened listing. Six State agencies commented, four from Wyoming and 
two from Colorado. From Wyoming, three State agencies opposed the 
proposal (two of the three supported an extension) and one Wyoming 
agency neither supported nor opposed the proposed rule. From Colorado, 
one agency opposed the proposal and supported an extension and one 
neither supported nor opposed the proposed rule. Of 128 comments by 
individuals or other groups, 29 supported the proposed rule, 74 opposed 
it, and 25 were neutral. Five stockgrowers or farm organizations 
provided comments opposing the proposal. Five of six conservation or 
environmental groups supported the proposal and one was neutral.
    Written comments and oral statements presented at the public 
hearings and received during the comment periods are addressed in the 
following summary. Comments of similar nature are grouped under a 
number of general issues.
    Issue 1: The Preble's meadow jumping mouse is not a valid 
subspecies since genetic studies conducted to date have not 
conclusively differentiated it from certain other subspecies of Z. 
hudsonius.
    Response: Preble's is widely recognized as a valid subspecies by 
the scientific community. Genetic studies point to an aggregate of 
similar Z. hudsonius populations consistent with ecological, 
distributional, and morphological information on Preble's (Z. h. 
preblei).
    Issue 2: Preble's meadow jumping mouse identification in the field 
is not possible because of the similarity between Preble's and Z. 
princeps.
    Response: Field identification of Zapus is difficult when attempted 
by individuals not thoroughly familiar with both species. To date, no 
overlap has been documented between the range of Preble's and the range 
of Z. princeps in Boulder, Jefferson, Douglas, and El Paso Counties in 
Colorado. These counties support the vast majority of currently known 
Preble's populations. Since the two species may coexist in portions of 
southeastern Wyoming, some historical records from Wyoming are 
difficult to confirm. Recent genetic studies may indicate some 
uncertainty regarding the identity of apparent Preble's trapped in Weld 
County, Colorado and Laramie County, Wyoming. However, populations of 
Zapus that are consistent morphologically and ecologically with 
Preble's, will be considered Preble's by the Service pending conclusive 
studies resolving the identities of the two species. Identification of 
any Zapus captured in Weld County, Colorado (as well as in adjacent 
Larimer County, Colorado) and in southeastern Wyoming should be 
throughly documented and tissue samples should be obtained for future 
genetic analysis.
    Issue 3: Historical trapping records support the contention that 
Preble's meadow jumping mouse has long been a rare mammal and they 
provide a poor baseline from which to measure current trends in 
populations.
    Response: Conclusions regarding the status and trends of Preble's 
made by the Service are based on the best available historical and 
recent population information on Preble's, the distribution of its 
preferred habitats, and on the significant threats to these habitats. 
While historical records come from diverse trapping efforts that rarely 
targeted Zapus, they document a former presence in locations where 
Preble's is not currently found. Recent surveys of several historical 
sites have failed to locate Preble's. Loss of these populations has 
been attributed to changes in habitat.
    Issue 4: Comprehensive trapping surveys throughout Preble's meadow 
jumping mouse range are needed to ascertain its true status and 
distribution.
    Response: Existing data are sufficient to determine the overall 
status of Preble's. Additional trapping studies will be conducted to 
better document Preble's status within certain portions of its range. 
Since 1992, numerous studies have addressed the status and distribution 
of Preble's. Trapping studies supported by the Colorado Division of 
Wildlife in 1995, 1996, and 1997 helped to document distribution of 
Preble's in Colorado. In 1997 alone, more than 120 locations in 
Colorado were trapped, with a minimum of 400 trapnights of effort at 
each location. Limited access to private lands has hampered survey 
efforts at some locations and will probably continue to do so in the 
future.
    Issue 5: Since Preble's exists on some sites where grazing, mowing, 
and other human land uses occur, these activities should not be 
considered threats.
    Response: Land uses that have a dramatic adverse impact on habitats 
that the Preble's meadow jumping mouse requires can present significant 
threats to its existence. The relationships between human land use and 
Preble's populations are undoubtedly complex and need further study. 
The manner, timing, and extent of grazing or mowing may dictate what 
effects these activities have on Preble's and its habitat. However, 
Preble's do coexist in grazed areas such as the Medicine Bow National 
Forest in Wyoming and Boulder Open Space lands in Colorado, and some 
ranching and farming practices are thought likely to be

[[Page 26522]]

compatible with maintaining Preble's populations. The Service believes 
that best management ranching and farming practices, which avoid 
adverse affects on habitat characteristics, are compatible with many 
natural resource objectives.
    Issue 6: Water projects and irrigation may be beneficial to the 
Preble's meadow jumping mouse, since these activities can create 
wetland habitat.
    Response: Preble's seems largely dependent on moist habitat with 
dense vegetation in or near riparian corridors. Effects of water 
projects on Preble's and its habitat can vary greatly. Water projects 
can effectively eliminate, degrade, or fragment Preble's habitat. 
However, activities that enhance and extend such habitat can benefit 
Preble's.
    Issue 7: Trapping studies are a significant threat to Preble's 
meadow jumping mouse.
    Response: The scientific value of trapping studies will be measured 
against the threats such studies represent to Preble's. The Service 
will issue permits to qualified individuals conducting approved 
trapping studies on Preble's. While ``live traps'' are being used, the 
Service is aware of a few mortalities associated with recent trapping. 
Trapping techniques that best safeguard Preble's will be required by 
the Service.
    Issue 8: Predators may be a threat to the Preble's meadow jumping 
mouse and should be controlled.
    Response: While Preble's has co-existed with a community of 
predators over time, little is known regarding the effect of predators 
or competing species on Preble's populations. Human activities have 
undoubtably altered predator populations. Human development may, for 
example, increase numbers of great-horned owls and raccoons. However, 
there is presently insufficient evidence to demonstrate that control of 
predators would benefit Preble's.
    Issue 9: Captive breeding and release, and relocation of the 
Preble's meadow jumping mouse should be used to stabilize populations 
and eliminate the need for listing.
    Response: Scarcity of suitable habitat presumably limits current 
Preble's distribution. Maintenance of quality habitat is the principal 
conservation goal. Relocation and reintroduction of Preble's into 
unoccupied sites with suitable habitat may become a part of the future 
recovery of this species.
    Issue 10: If the Preble's meadow jumping mouse were protected on 
Federal land there would be no need to protect it on private land.
    Response: The Service is working with the U.S. Air Force, the 
Department of Energy, and the Forest Service to assure that 
conservation of Preble's is carried out on all Federal lands on which 
it currently exists. While both the Air Force Academy and Rocky Flats 
support apparently stable populations of Preble's, these sites compose 
a small fraction of the total Preble's range. Protection of these sites 
alone would not alleviate the need for listing of Preble's or achieve 
recovery.
    Issue 11: Local regulations exist that currently protect the 
Preble's meadow jumping mouse and its habitat.
    Response: The Service has received from the Colorado Department of 
Natural Resources a summary of local regulations, incentive programs, 
Colorado Water Conservation Board instream flow decrees, and open space 
purchase programs that help protect habitats that support Preble's. A 
variety of regulations apply to activities in riparian areas and, in 
effect, contribute to conservation of Preble's. However, few local 
ordinances currently provide direct protection of Preble's or its 
habitat. Natural areas and wildlife habitat may be considered in zoning 
or development review, but most ordinances will permit significant 
variance and provide for considerable latitude in interpretation. For 
example, construction within the 100-year floodplain may be tightly 
restricted by such measures, but the mowing, cutting, or overgrazing of 
Preble's habitat is generally not addressed. The City of Boulder 
wetlands protection ordinance has a specific provision designed to 
protect rare and declining species including Preble's. Fort Collins 
provides protection for ``endangered species habitat'' in development 
review, but apparently does not address rare, declining, or threatened 
species. Incentives and purchase programs contribute to riparian 
conservation but afford no direct legal protection for Preble's. While 
often beneficial to Preble's, public acquisition of riparian areas may, 
at times, result in increased human use incompatible with Preble's.
    The Service supports use of local land use regulations to conserve 
Preble's and its habitat; however, the best measure of their past 
effectiveness in protecting Preble's is the success of these 
regulations in maintaining the integrity of riparian systems within 
Preble's range. Direct and secondary effects of human activity continue 
to cause alteration of riparian areas despite these protections. The 
Service is currently engaged in discussions with the Colorado 
Department of Natural Resources and the Colorado Preble's Meadow 
Jumping Mouse Working Group to determine how local regulations and 
acquisition programs can be used more effectively to protect Preble's 
and its habitat.
    Issue 12: The Service should designate critical habitat for 
Preble's meadow jumping mouse.
    Response: The Service has determined that designation of critical 
habitat will not provide additional benefits beyond that achieved by 
the listing of Preble's at this time (see the Critical Habitat section 
of this rule). The Service could reevaluate designation of critical 
habitat at some future time should circumstances change and more 
becomes known about Preble's, its habitat, and potential benefit to the 
species to be gained from designation of critical habitat.
    Issue 13: The Service should extend the proposed rule for a period 
of 6 months.
    Response: The Service can only extend a proposed rule when it finds 
that there is a substantial disagreement among scientists knowledgeable 
about the species regarding the sufficiency or accuracy of the data 
available relevant to the listing. The Service finds no substantial 
disagreement among scientists knowledgeable about Preble's that would 
serve as a basis for extension of the proposed rule.
    Issue 14: The collaborative planning process for Preble's meadow 
jumping mouse conservation, initiated by the State of Colorado, should 
be pursued as an alternative to listing.
    Response: Consistent with the spirit and intent of the 1995 
``Memorandum of Agreement between the State of Colorado and the 
Department of Interior Concerning Programs to Manage Colorado's 
Declining Native Species,'' the Service fully supports the 
collaborative planning process for Preble's conservation that is under 
way in Colorado. The intent of the Memorandum of Agreement is to 
facilitate and promote collaboration and cooperation in managing and 
conserving fish and wildlife in Colorado. It was not intended to serve 
as an alternative to listing threatened or endangered species as 
required by the Endangered Species Act. The collaborative planning 
process includes stakeholders from local governments, the private 
sector, the State, and Federal agencies. This final rule to list 
Preble's as a threatened species is not intended to discourage or 
detract from this conservation effort; however, the Service recognizes 
that it will take time and commitment on the part of numerous 
stakeholders for this process to achieve meaningful protection of 
Preble's. The Service

[[Page 26523]]

believes that, ultimately, this process will produce a conservation 
plan and implementation agreements that both protect Preble's and its 
habitat over the long term and will minimize regulatory and economic 
effects of this listing. These products may form the basis of one or 
more Habitat Conservation Plans or a rule prepared in accordance with 
section 4(d) of the Endangered Species Act. To this end, the Service is 
providing financial support to help move this process forward.
    Issue 15: Rodents are destructive and carry disease. Listing the 
Preble's meadow jumping mouse may impact pest control and lead to 
disease or increased crop losses.
    Response: Preble's has not been implicated as a vector for human 
disease. Its rarity and dependence on riparian and wetland areas 
minimize its potential as a pest. Pest control efforts within and 
around residences and other buildings, and in crop fields when carried 
out in accordance with pesticide label restrictions, are unlikely to 
conflict with Preble's conservation. However, in some cases the 
application or discharge of agrichemicals, or other pollutants, and 
pesticides, onto plants, soil, ground water, or other surfaces within 
areas that drain into streams occupied by Preble's may result in the 
deterioration of Preble's habitat and cause harm to the species. Use of 
such chemicals in violation of label directions, or any use following 
Service notification that such use, application or discharge is likely 
to harm the species, would be evidence of unauthorized use, application 
or discharge.

Peer Review

    In accordance with policy promulgated July 1, 1994 (59 FR 34270), 
the Service solicited the expert opinions of independent specialists 
regarding pertinent scientific or commercial data and assumptions 
relating to the taxonomy, population models, and supportive biological 
and ecological information for species under consideration for listing. 
The purpose of such review is to ensure listing decisions are based on 
scientifically sound data, assumptions, and analyses, including input 
of appropriate experts and specialists.
    The data and assumptions regarding the Preble's meadow jumping 
mouse were reviewed by three specialists. Peer reviewers were 
identified through inquiries to research institutions, universities, 
and museums for individuals with recognized expertise with the subject 
taxa. The reviewers were asked to comment upon specific assumptions and 
conclusions regarding the species. Their comments have been 
incorporated into the final rule as appropriate and are summarized 
below.
    One reviewer provided a context for species status over time scales 
reflecting long-term climate change and effects of European settlement 
within Preble's meadow jumping mouse range. The same reviewer (citing a 
relative lack of species-specific trapping efforts prior to the 1990's 
and geographical gaps in recent survey efforts) stated that while 
conclusions regarding recent Preble's decline might be accurate, they 
were not strongly supported by capture data. The reviewer suggested 
that examination of the adverse changes to the riparian habitats 
required by Preble's could provide additional insight to population 
status and trends.
    The reviewers of the Preble's meadow jumping mouse information 
concluded that additional study of habitat requirements and population 
biology are needed to implement effective conservation of Preble's. 
Specifically, the limited knowledge of hibernation habitat requirements 
was cited by two reviewers. A better understanding of Preble's movement 
patterns was cited by two reviewers as important. One reviewer 
emphasized that more information on Preble's food habitats is needed.
    All three reviewers discussed threats to the Preble's meadow 
jumping mouse. One reviewer suggested that known populations at the Air 
Force Academy and Rocky Flats reflect the long-term protection of these 
sites from human disturbance rather than presence of optimal Preble's 
habitat. Another reviewer concluded that currently only two or three 
sites supporting Preble's are adequately protected. Threats discussed 
by reviewers included fragmentation of riparian corridors, gravel 
mining, and alteration of water regimes and the resulting effects on 
riparian vegetation.

Summary of Factors Affecting the Species

    Section 4 of the Act and regulations (50 CFR Part 424) promulgated 
to implement the listing provisions of the Act set forth the procedures 
for adding species to the Federal lists. A species may be determined to 
be a threatened or endangered species due to one or more of the five 
factors described in section 4(a)(1). These factors and their 
application to the Preble's meadow jumping mouse (Zapus hudsonius 
preblei) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. After reviewing the best 
scientific data currently available, the Service believes that Preble's 
meadow jumping mouse has undergone a decline in range and that 
populations within its remaining range have been lost. Habitat loss and 
fragmentation resulting from human land uses have adversely impacted 
Preble's populations, and continue to do so. Armstrong (in litt. 1997) 
concluded that the meadow jumping mouse, in this region as elsewhere, 
is a habitat specialist, and that its specialized habitat is declining. 
As the summary below demonstrates, a variety of known and potential 
threats to its habitat have been documented.
    The Colorado Natural Heritage Program ranks Preble's meadow jumping 
mouse as T2, imperiled globally, and S2, imperiled in Colorado; the 
Wyoming Natural Diversity database ranks Preble's as S1, critically 
imperiled in Wyoming (Schuerman and Pague 1997).
    A study by Compton and Hugie (1993), which was funded by the 
Service, found it difficult to assess historical trends and current 
status of Preble's meadow jumping mouse due to the scarcity of 
demographic data. Based on their review, they recommended that Preble's 
be federally listed as a threatened species. However, after a largely 
unsuccessful search for suitable habitat in Wyoming and unsuccessful 
trapping surveys for Preble's at five sites in southeastern Wyoming in 
1993, they concluded that Preble's might be extirpated from Wyoming 
(Compton and Hugie 1994). Their revised recommendation was that 
Preble's be federally listed as an endangered species.
    Since 1993, efforts to document existing populations of Preble's 
meadow jumping mouse have increased commensurate with rising concern 
over its status. Recent trapping efforts have located Preble's meadow 
jumping mouse populations in some areas (Douglas, El Paso, and Elbert 
counties, Colorado) where few or no historical records exist. However, 
recent trapping has also failed to produce captures at historical sites 
and sites with apparently suitable habitat within Preble's historical 
range. Preble's is not known to be currently present in Adams, 
Arapahoe, and Denver counties in Colorado where it was historically 
documented.
    Ryon (1996, in litt. 1997) investigated nine historical Preble's 
meadow jumping mouse capture sites in six Colorado counties through 
trapping and site history. Ryon concluded that Preble's was absent at 
all nine sites and related absence of Preble's to changes in habitat 
(see also Ryon and Harrington

[[Page 26524]]

1996). Specific human activities impacting habitat at these sites 
included real estate development, highway construction, stream 
alteration, and grazing. In addition, offsite impacts may have caused 
isolation of sites that rendered them unsuitable for Preble's. Ryon 
concluded that the range of Preble's has decreased, especially adjacent 
to or east of the Interstate Highway 25 urban corridor.
    Extensive studies of public lands in Boulder County in 1995 
resulted in capture of 23 Preble's, on 2 of 13 sites surveyed, in 
17,800 trapnights of effort (Armstrong et al. 1996). Sites were 
selected, in part, based on documented historical presence and 
perceived quality of habitat. Among the authors' conclusions were that 
Preble's is not abundant in the Colorado Piedmont of Boulder County and 
that suitable habitat appeared to be present on some sites where 
trapping was unsuccessful.
    Recent surveys for Preble's meadow jumping mouse at certain other 
sites with potential habitat in Colorado have been unsuccessful in 
documenting presence. Surveys funded and carried out by the Department 
of the Army at the Army's Fort Carson Military Reservation in El Paso 
and Pueblo counties resulted in no Preble's captures despite 3,311 
trapnights of effort in apparently suitable habitat (Bunn et al. 1995). 
Private researchers and U.S. Department of Agriculture Forest Service 
personnel found no Preble's in limited surveys of seemingly adequate 
habitats within the Forest Service's Pawnee National Grassland in 
northern Weld County (Harrington pers. comm. 1995).
    Patterns of capture suggest that populations may fluctuate over 
time at occupied sites (Shenk in litt. 1998). This raises questions 
regarding security of documented populations and significance of 
unsuccessful trapping reports. However, trapping surveys provide the 
best available information regarding current status and distribution of 
Preble's.
    Over 150 surveys for Preble's meadow jumping mouse have been 
conducted in recent years at locations where development is 
anticipated. In 1997, results of 104 Colorado surveys were submitted to 
the Service for proposed or potential development sites that supported 
potential Preble's habitat. Nine of 35 surveys in El Paso County, 7 of 
19 in Boulder County, and 1 of 17 from Jefferson County documented 
Preble's presence. All successful surveys in El Paso County were on 
Monument Creek and its tributaries upstream from (north of) downtown 
Colorado Springs. In contrast, approximately 15 trapping studies from 
El Paso County downstream of the Cottonwood Creek and Monument Creek 
confluence (on Monument Creek, Fountain Creek, and their tributaries) 
failed to document Preble's. Six of 7 successful Boulder County surveys 
were near a 2-mile segment of State Highway 36 near Lyons (Ensight 
Technical Services 1997). Thirty-three 1997 surveys from Adams, 
Arapahoe, Denver, Douglas, Larimer, and Weld counties failed to locate 
Preble's. Fragmentation and isolation of habitat have apparently caused 
local extirpation of Preble's in highly developed areas. Shenk (in 
litt. 1998) suggested that development of the Denver metropolitan area 
has created a north-south gap in Preble's range.
    In contrast to surveys above at anticipated development sites, 
Meaney et al. (1997) targeted likely Preble's meadow jumping mouse 
habitat throughout its known range and successfully trapped Preble's at 
7 of 10 sites in 1997. Their results filled gaps regarding Preble's 
status in north-central Colorado and suggest that their ability to 
identify Preble's habitat has improved over their 1995 and 1996 efforts 
which found Preble's at 0 of 10 and 4 of 10 sites respectively.
    While historical status in Wyoming is less clear (Garber 1995), 
Preble's meadow jumping mouse is not currently known from its former 
range in Albany, Goshen, and Natrona counties. Garber documented 
Preble's persisting at only two Wyoming sites, commented on the 
difficulty of capturing Preble's at these sites, and concluded that 
substantial additional work was needed to fully determine the status of 
Preble's in Wyoming. The Wyoming Game and Fish Department (Bill Wichers 
in litt. 1997) concurred with the conclusion that Preble's has likely 
been extirpated from most or all of its historical range in Wyoming.
    Trapping surveys provide evidence that the Preble's meadow jumping 
mouse has declined throughout portions of its range. This decline and 
future threats to existing Preble's populations are linked to 
widespread habitat alteration. The Colorado Piedmont east of the Front 
Range and adjacent areas of southeastern Wyoming have changed from 
predominantly prairie habitat intermixed with perennial and 
intermittent streams and associated riparian habitats, to a more 
agricultural and urban setting with grazing, residential, commercial, 
industrial, and recreational development. The Colorado Front Range 
urban corridor represents only about 4 percent of the State's land area 
but supports 80 percent of its population (Wright 1993). Unfortunately, 
this area of development corresponds almost directly to known Preble's 
range. Fueled by human population increases, an increase of 1 million 
people is estimated by 2020, development in this area continues at an 
unprecedented rate.
    Compton and Hugie (1993, 1994) cited human activities that have 
adversely impacted Preble's meadow jumping mouse including: conversion 
of grasslands to farms; livestock grazing; water development and 
management practices; and residential and commercial development. They 
mentioned the effects of urbanization occurring from Colorado Springs, 
Colorado, to Cheyenne, Wyoming, as a continuing threat to remaining 
populations. Ryon (1995) commented that recent capture sites he 
observed were on large, historically undisturbed lands supporting 
native plant communities.
    Shenk (in litt. 1998) linked potential threats to ecological 
requirements of Preble's meadow jumping mouse and suggested that 
factors which impacted vegetation composition and structure, riparian 
hydrology, habitat structure, distribution, geomorphology, and animal 
community composition must be addressed in any conservation strategy.
    Some researchers hypothesize that overgrazing by livestock may be 
an important cause of the decline of the Preble's meadow jumping mouse. 
Compton and Hugie (1994) stated that in southeastern Wyoming almost all 
private land of appropriate topography and hydrology to support 
Preble's habitat was heavily grazed by livestock and that overgrazing 
was the most significant factor in reducing habitat for Preble's. While 
not mentioning grazing specifically, the Wyoming Game and Fish 
Commission (Wichers in litt. 1997) cited riparian degradation as the 
primary cause of Preble's decline in Wyoming and stated that the 
situation would not improve without active management. Ryon (1996) 
cited livestock grazing as a contributor to lack of structural habitat 
diversity he observed on historical Preble's sites in Colorado. Two of 
the largest documented populations of Preble's exist on Federal 
properties (Rocky Flats and the U.S. Air Force Academy) where livestock 
grazing is excluded.
    The importance of ``late season obesity'' (the buildup of fat 
reserves) in meadow jumping mice and its positive correlation to 
hibernation survival, post-hibernation development, and successful 
reproduction has been well documented (Nichols and Conley 1982, 
Muchlinski 1980). Preble's meadow jumping mice entering hibernation 
with

[[Page 26525]]

low fat reserves are less likely to survive the winter or to 
successfully breed the following spring. Late season grazing of 
Preble's habitat, as well as mowing or burning, could adversely affect 
Preble's by reducing the availability of food resources essential for 
buildup of fat reserves.
    City of Boulder Open Space lands endured intensive grazing, 
farming, or haying regimes until they became part of the City of 
Boulder Open Space system. Grazing and haying continue on sites 
supporting the Preble's meadow jumping mouse, largely as land 
management tools. Impacts of current management practices to Preble's 
and their habitats are largely unknown.
    The Preble's meadow jumping mouse has been documented to coexist on 
sites supporting grazing, including the Medicine Bow National Forest in 
Wyoming and Plum Creek, Douglas County, in Colorado. Armstrong et al. 
(1997) suggested that timing and intensity of grazing are probably 
important factors in maintaining Preble's habitat and that maintenance 
of woody vegetative cover may be a key consideration.
    Human development has produced profound changes in the hydrology of 
streams flowing east from the Colorado Front Range. Riparian habitat on 
which the Preble's meadow jumping mouse depends is in turn dependent on 
surface flows and groundwater. Water development and management in its 
various forms can alter Preble's meadow jumping mouse habitat, often, 
but not always, with adverse impacts. Fitzgerald et al. (1994) stated 
that inundation of riparian areas to create reservoirs had decreased 
available Preble's habitat. Compton and Hugie (1993) concluded that 
management of water for commercial and residential use tends to 
channelize and isolate water resources, and has reduced in size and 
fragmented riparian habitats used by Preble's. They found development 
of irrigated farmland had a negative impact on Preble's habitat, and 
that any habitat creation it produced was minimal. However, Preble's 
has been shown to use overgrown water conveyance ditches and pond edges 
and may use ditches for dispersal (Meaney et al. 1997, Shenk in litt. 
1998).
    Water diversions and associated land use changes can impact 
Preble's meadow jumping mouse habitat directly, as well as through 
hydrologic alterations to Preble's habitat located downstream. While an 
integrated natural resource management plan at the Air Force Academy 
includes specific provisions for Preble's conservation, Corn et al. 
(1995) expressed concern over the hydrologic integrity of Monument 
Creek and its tributaries because of activities upstream of the Air 
Force Academy. Flood control, through the placement of riprap and other 
structural stabilization options, has been proposed on areas that 
support Preble's, including portions of Monument Creek and its 
tributaries.
    While Rocky Flats supports one of the largest known populations of 
Preble's meadow jumping mouse and has served as a refuge for Preble's, 
the future conservation of Preble's at this site is uncertain due to 
possible impacts to occupied habitats. Without careful planning, 
Preble's meadow jumping mouse habitats at Rocky Flats could be impacted 
by the Department of Energy's planned bioremediation (the 
detoxification of toxic substances using biological agents) and 
hazardous contaminant cleanup, associated water management practices 
designed to contain hazardous materials spills and prevent their 
migration offsite, and dam safety and maintenance activities. An 
additional threat is potential disruption of the current hydrology by 
mining operations. There are proposals to expand existing commercial 
sand and gravel extraction and processing activities in the Rock Creek 
drainage both outside and within the boundary of Rocky Flats. The 
Department of Energy does not control mineral rights on the land in 
question. The Service is currently working with the Department of 
Energy to provide permanent protection of Preble's habitat at Rocky 
Flats.
    Alluvial aggregate extraction, often in or near riparian habitats, 
continues to expand as development intensifies along the Colorado Front 
Range. Ryon (1996) and Armstrong et al. (1997) suggested that such 
mining can destroy and fragment Preble's meadow jumping mouse habitat. 
Armstrong (in litt. 1997) suggested that mining impacts are significant 
and, unlike some other human uses, cause permanent changes to Preble's 
habitat. Mining also targets gravel deposits that may provide key 
hibernation sites.
    Residential and commercial development, accompanied by highway and 
bridge construction, and instream alterations to implement flood 
control, directly remove Preble's meadow jumping mouse habitat, or 
reduces, alters, fragments, and isolates habitat to the point where 
Preble's meadow jumping mouse can no longer persist. Corn et al. (1995) 
proposed that a 100 m (328 ft) buffer of unaltered habitat be 
established to protect the floodplain of Monument Creek from a range of 
human activities that might adversely effect Preble's or its habitat. 
At some historical capture sites, habitat appears intact, but isolation 
has probably rendered the sites unsuitable for Preble's (Ryon 1996). 
Roads, trails, or other linear development through Preble's habitat may 
act as barriers to movement. Shenk (1998) suggested that on a landscape 
scale, maintenance of acceptable dispersal corridors linking patches of 
Preble's habitat may be critical to its conservation.
    Development and heavy use of trails within occupied Preble's meadow 
jumping mouse habitats may impact the species by destroying its 
habitat, nests, and food resources, or by disrupting behavior. 
Recreational trail systems have been established or are proposed along 
many riparian corridors within Preble's range. Heavily used 
recreational trails currently exist on City of Boulder Open Space 
lands, including sites that support Preble's. A current study near a 
new paved trail along South Boulder Creek is assessing impacts to a 
known Preble's population (Meaney in litt. 1998).
    Habitat alteration may encourage invasion of weeds. While little is 
known regarding impact of invasive, nonnative vegetation on Preble's 
meadow jumping mouse, Ryon (1996) expressed concern and Garber (1995) 
stated that this may represent one of the most serious problems facing 
the mouse. Corn et al. (1995) discussed both the problem of invasive 
weeds degrading Preble's habitat and the potential problem of weed 
control programs removing cover and thereby impacting Preble's habitat.
    In summary after reviewing the best scientific data currently 
available, the Service finds that Preble's meadow jumping mouse has 
undergone a decline in range and that populations within its remaining 
range have been lost. Habitat alteration, degradation, loss, and 
fragmentation resulting from residential, commercial, recreational, 
flood control and water development, and agricultural and livestock 
grazing land uses have adversely impacted and fragmented Preble's 
populations. Significant threats to the continued existence of Preble's 
are also posed by hazardous materials, mining, and highway and bridge 
construction. This species is also highly susceptible to localized 
extinction from naturally occurring events such as flooding, predation, 
and disease outbreaks.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. The Preble's meadow jumping mouse has no known 
commercial or recreational value. Scientific and educational collecting 
has not been widespread over the past century. While

[[Page 26526]]

the Service is aware of a small amount of incidental mortality 
associated with recent scientific studies, this is not thought to 
present a threat to Preble's populations.
    C. Disease or predation. The Preble's meadow jumping mouse, as well 
as other native rodents, carries parasites and diseases that may reduce 
vigor, curtail reproductive success, and cause death. There is no 
evidence whether or not any epizootic disease has caused significant 
impact to Preble's. While plague is regularly found in other rodent 
species within Preble's range, its impact to Preble's populations is 
not known.
    Predation on the Preble's meadow jumping mouse has always existed 
as a naturally occurring association between predator and prey. While 
evidence is scant, human development may have altered this 
relationship. Armstrong et al. (1996) recommended studies be conducted 
on influences of the suburban environment and associated densities of 
species such as striped skunk (Mephitis mephitis), raccoon (Procyon 
lotor), and the domestic cat (Felis catus) on Preble's. Free-ranging 
domestic cats may locally present a problem to Preble's. Corn et al. 
(1995) recommended a 1.5 km (.9 mi) setback of housing development from 
Preble's habitat to exclude predation by ``house cats.'' As an 
alternative they suggested a strict prohibition on free-ranging cats. 
More information is needed about the effects from predation by domestic 
and feral cats, and perhaps dogs (Canis familiaris), on Preble's.
    D. The inadequacy of existing regulatory mechanisms. The decline of 
the Preble's meadow jumping mouse is partially due to the inherent 
weakness or non-application of the existing laws and regulations that 
could serve to protect Preble's and its habitat. Relevant Federal laws 
include the Clean Water Act, Endangered Species Act, Federal Power Act, 
Fish and Wildlife Coordination Act, Food Security Act, and National 
Environmental Policy Act. Federal regulations and policies have limited 
protection authority and scope for non-listed species. These statutes 
only recommend, not require, that projects carried out, funded, or 
permitted by the Federal government attempt to mitigate impacts to 
species of special concern due to scarcity or decline.
    Colorado Division of Wildlife Regulations (Chapter 10, Article IV) 
classify Z. hudsonius as a ``nongame'' species. This designation means 
that permits must be obtained for take of Preble's meadow jumping mouse 
related to scientific, educational, or rehabilitation purposes. 
Preble's is a ``species of special concern'' in Colorado; however, this 
is not a statutory designation. Preble's is currently under 
consideration for endangered species designation in Colorado. In 
Wyoming, the Wyoming Game and Fish Department has classified Z. 
hudsonius as a nongame species protected under Wyoming Game and Fish 
Department Nongame Wildlife Regulations promulgated by WF23-1-103 and 
23-1-302. This designation protects Preble's from takings and sales by 
only issuing permits for the purpose of scientific collection. While 
the above regulations limit the taking of Preble's, they provide no 
measures to protect the species' habitats. State listing encourages 
State agencies to allocate funds and exercise authority to achieve 
recovery, stimulate research, and allow redirection of priorities 
within State natural resource departments. However, without additional 
measures to protect habitat, such State laws are generally inadequate.
    There are few regional or local laws, regulations, or ordinances 
that specifically protect Preble's meadow jumping mouse or its habitat 
from inadvertent or intentional adverse impacts. A myriad of local 
regulations, incentive programs, and open space programs exist, as 
documented in materials forwarded to the Service by the Colorado 
Department of Natural Resources. While certain regulations are designed 
to conserve wetlands or floodplains, it is unlikely that they 
effectively control land uses (grazing, mowing, cutting, burning) that 
may impact vegetation on which Preble's depends. Further, Preble's may 
be dependent on hibernacula sites outside the protected wetlands or 
floodplains. Many existing local regulations create a process of site 
plan review which ``considers'' or ``encourages'' conservation of 
wildlife, wetlands, and natural habitats. Effectiveness of local 
regulations in maintaining naturally functioning riparian corridors may 
vary greatly depending on how these apparently flexible regulations are 
implemented. Beyond direct impact to Preble's habitat, secondary 
impacts of development (increased recreational use, altered flow 
regimes and groundwater levels, and increase in domestic predators) may 
not currently be addressed at the local level.
    Of note is the 1997 creation of a Preble's Meadow Jumping Mouse 
Working Group, organized by the Colorado Department of Natural 
Resources to initiate a collaborative planning process designed to 
produce a legally and scientifically sound approach to conservation of 
Preble's. This effort is supported in part by appropriations from 
Congress, specifically for the Preble's planning process. The Service 
is an active participant in this process and is fully supportive of the 
goal of developing a Preble's conservation plan and implementing 
agreements. However, there are no such plans or agreements currently in 
place. The Service anticipates that this planning process may lead to 
the creation of one or more Habitat Conservation Plans or to the 
application of the Service's discretionary rule-making authority 
pursuant to section 4(d) of the Endangered Species Act.
    E. Other natural or manmade factors affecting its continued 
existence. Use of pesticides and herbicides has undoubtably increased 
across known Preble's meadow jumping mouse range as human land use has 
intensified. These chemicals could directly poison Preble's or may be 
ingested through contaminated food or water. Specific impacts to 
Preble's from pesticides and herbicides are not currently known. 
Intensive human development creates a range of additional environmental 
impacts (including but not limited to noise, and the degradation of air 
and water quality) that could alter Preble's behavior, increase the 
levels of stress, and ultimately contribute to loss of vigor or death 
of individuals, and extirpation of populations.
    In summary, the Preble's meadow jumping mouse, historically a rare 
mammal, has declined. Seven counties in Colorado and two in Wyoming are 
known to support Preble's populations. Riparian habitats required to 
support Preble's have been severely modified or destroyed by human 
activities in many areas east of the Colorado Front Range and in 
southeastern Wyoming. With current human population increases, the loss 
and modification of riparian habitat continues. Existing regulations 
have proven to be inadequate to protect Preble's, as witnessed by its 
apparent decline and the continued destruction and modification of its 
habitats.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by this species in developing this rule. Based on 
this evaluation, the preferred action is to list the Preble's meadow 
jumping mouse as a threatened species. The Service has determined that 
the Preble's meadow jumping mouse is likely to become endangered within 
the foreseeable future throughout all or a significant portion of its 
range and therefore meets the requirements to be listed as threatened. 
Based on 1997

[[Page 26527]]

survey data, Preble's is now known to exist in several additional sites 
in Colorado. In addition, 1997 studies in Douglas County, Colorado, 
suggest substantial occupied habitat exists along East Plum Creek and 
West Plum Creek. For this reason, the Service believes that a 
designation as threatened more accurately reflects the threats facing 
this species than the endangered status that was identified in the 
March 25, 1997, proposed rule. The Service knows of no substantial 
disagreement among scientists knowledgeable about Preble's regarding 
the sufficiency or accuracy of the available data relevant to this 
determination, which would serve as a basis for extension of the 
proposed rule. Critical habitat is not being proposed for the reasons 
stated below.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) 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 (I) essential to the conservation 
of the species and (II) that may require special management 
considerations or protection; and, (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. ``Conservation'' means the use of all methods and 
procedures needed to bring the species to the point at which listing 
under the Act is no longer necessary.
    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 endangered or threatened. Service 
regulations (50 CFR 424.12(a)(1)) state that 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. The Service finds that 
designation of critical habitat is not prudent for Preble's meadow 
jumping mouse for the reasons described below.
    Critical habitat receives consideration under section 7 of the Act 
with regard to actions carried out, authorized, or funded by a Federal 
agency (see Available Conservation Measures section). As such, 
designation of critical habitat may affect activities on Federal lands 
and may affect activities on non-Federal lands where such a Federal 
nexus exists. Potential benefits of critical habitat designation derive 
from section 7(a)(2) of the Act, which requires Federal agencies, in 
consultation with the Service, to ensure that their actions are not 
likely to jeopardize the continued existence of listed species or to 
result in the destruction or adverse modification of critical habitat 
of such species.
    Critical habitat, by definition, applies only to Federal agency 
actions. 50 CFR 402.02 defines ``jeopardize the continued existence 
of'' as meaning to engage in an action that would reasonably be 
expected, directly or indirectly, to reduce appreciably the likelihood 
of both the survival and recovery of a listed species in the wild by 
reducing the reproduction, numbers, or distribution of that species. 
Both jeopardizing the continued existence of a species and adverse 
modification of critical habitat have similar standards and thus 
similar thresholds for violation of section 7 of the Act. In the 
section 7(a)(2) consultation process, the jeopardy analysis focuses on 
potential effects on the species' populations, whereas the destruction 
or adverse modification analysis focuses on habitat value, specifically 
on those constituent elements identified in the critical habitat 
listing.
    Common to both jeopardy and destruction or adverse modification 
biological opinions is the requirement that the Service find an 
appreciable effect on both the species' survival and recovery. This is 
in contrast to the public perception that the adverse modification 
standard sets a lower threshold for violation of section 7 than that 
for jeopardy. Thus, Federal actions satisfying the standard for adverse 
modification are nearly always found to also jeopardize the species 
concerned, and the existence of designated critical habitat does not 
materially affect the outcome of consultation. Biological opinions that 
conclude that a Federal agency action is likely to adversely modify 
critical habitat but is not likely to jeopardize the species for which 
it is designated are extremely rare historically; none have been issued 
in recent years. Thus, the Service believes that, from a section 7 
consultation perspective, little or no additional conservation benefit 
would be achieved for Preble's meadow jumping mouse by the designation 
of critical habitat.
    Additionally, designation of critical habitat provides protection 
only on Federal lands or on non-Federal lands when there is Federal 
involvement, through authorization or funding or participation, in a 
project or activity. Four populations of the Preble's meadow jumping 
mouse are located on Federal lands administered by the U.S. Forest 
Service, U.S. Air Force and the Department of Energy. These agencies 
are aware of the species' occurrence at these sites and the requirement 
to consult with the Service. The Department of Energy (DOE) at Rocky 
Flats and the Air Force Academy have both been active in Preble's 
meadow jumping mouse survey, research and conservation. The DOE 
continues to study Preble's at Rocky Flats, has mapped occupied and 
potential habitat, and is developing a PMJM Protection Plan for the 
facility. The Air Force Academy has been active in surveying for 
Preble's and continues to support research into habitat use including 
radio tracking of animals. Warren Air Force Base and the Forest Service 
have supported some survey work with additional work remaining to be 
accomplished. In each case these facilities, Rocky Flats and the Air 
Force Academy, both of which support important populations, are well 
aware of their responsibilities regarding section 7. The designation of 
critical habitat would provide no change in their present operations 
and impart no additional benefit. Therefore, informing these agencies 
of the species location and need to consult is unnecessary.
    Designation of critical habitat provides no limitations or 
constraints on private landowners if there is no Federal nexus, and, as 
such, provides the species no benefit. Activities on private lands 
rarely have a federal nexus. A Federal nexus may in some cases be found 
for parcels of lands where there is an activity either funded, 
authorized or permitted by a Federal agency. Under the Clean Water Act 
section 404 a permit is required for any activity resulting in the 
discharge of dredge and fill material from jurisdictional waters. 
Generally such activities on small parcels of private lands are 
excluded from individual permit requirements under the Corps section 
404 Nationwide Permit program. In all cases where there is a Federal 
nexus to an activity occurring on private lands, any underlying Federal 
action (the issuance of a permit) triggering the standard for adverse 
modification would also be found to trigger the jeopardy standard, with 
the existence of designated critical habitat not materially affecting 
the outcome of consultation. Therefore such designation of critical 
habitat on balance would not afford the Preble's meadow jumping mouse 
any additional benefit.

[[Page 26528]]

    Expansive blocks of public lands ensures that Federally sponsored 
activities will receive the benefit of section 7 consultation, 
regardless of whether or not critical habitat is designated. Protection 
of the habitat of the species will also be addressed through the Act's 
recovery process. Only through the recovery process will a recovery 
plan be created that will prescribe specific management actions and the 
establishment of numerical population goals. In addition, the 
landowners may choose to develop a habitat conservation plan through 
the section 10 permitting process that will manage for the conservation 
of the species. Thus, protection of habitat can be addressed through 
the recovery, section 10 and section 7 consultation processes, and 
designation of critical habitat would afford the Preble's meadow 
jumping mouse no additional benefit.
    Listing of the Preble's meadow jumping mouse as a threatened 
species also publicizes the present vulnerability of this species and, 
thus, can be reasonably expected to increase the threat of vandalism or 
intentional destruction of the species habitat. In light of the 
vulnerability of this species to vandalism or the intentional 
destruction of its habitat (for example poisoning, lethal trapping, 
burning or cutting of habitat), the designation of critical habitat in 
and of itself and the publication of maps providing its precise 
locations and descriptions of essential elements, as required for the 
designation of critical habitat, would reasonably be expected to 
increase the degree of threat to the species and its habitat, increase 
the difficulties of law enforcement, and further contribute to the 
decline of Preble's.
    The Service acknowledges that critical habitat may provide some 
minor benefit in that it may identify areas important to a species, 
call attention to those areas in special need of protection and 
contribute a positive influence for securing funding or land 
acquisitions, etc., if a parcel of land is designated as critical 
habitat. However, in this case, where identification of such areas is 
expected to exacerbate a potentially serious additional threat 
(vandalism), information regarding the special needs of the species for 
protection can be disseminated more effectively through alternative 
means, and such designation could also impart negative connotations and 
dissuade people from participating in conservation activities simply 
because an area is designated critical habitat.
    Therefore, because of the increased threat of taking, the fact that 
designation of critical habitat would provide little different or 
greater benefit than that provided by the jeopardy standard under 
section 7 regulations, and that any minor benefits accruing from such 
designation are outweighed by its negative effects, the Service has 
determined that the designation of critical habitat for the Preble's 
meadow jumping mouse is not prudent.
    The Service will continue its efforts to obtain more information on 
Preble's meadow jumping mouse biology and ecology, including essential 
habitat characteristics, current and historical distribution, and 
existing and potential sites that can contribute to conservation of the 
species. The information resulting from this effort will be used to 
identify measures needed to achieve conservation of the species, as 
defined under the Act. Such measures could include, but are not limited 
to, development of conservation agreements with the States, other 
Federal agencies, local governments, and private landowners and 
organizations.

Available Conservation Measures

    Conservation measures provided to a species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing results in public awareness and 
conservation actions by Federal, State, and local agencies, private 
organizations, and individuals. The Act provides for possible land 
acquisition, cooperation with the States, and requires that recovery 
actions be carried out for all listed species. The protection required 
of Federal agencies and the prohibitions against taking and harm are 
discussed, in part, below.
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered or threatened, and with respect to its critical habitat, if 
any is being designated. Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR part 402. 
Section 7(a)(2) requires Federal agencies to insure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of the species or destroy or adversely modify its 
critical habitat. If a Federal action may affect a listed species or 
its critical habitat, the responsible Federal agency must enter into 
formal consultation with the Service.
    The Preble's meadow jumping mouse occurs on lands administered by 
the U.S. Air Force, Department of Energy, U.S. Forest Service, Colorado 
Division of Wildlife, Colorado State Parks, Boulder County, Jefferson 
County, City of Boulder, and on private lands. For Federal lands where 
Preble's occur, the Act would require the appropriate land management 
agency to evaluate potential impacts to Preble's that may result from 
activities they authorize or permit. The Act requires consultation 
under section 7 of the Act for activities on Federal, State, county, or 
private lands, including tribal lands, that may impact the survival and 
recovery of Preble's, if such activities are funded, authorized, 
carried out, or permitted by Federal agencies. The Federal agencies 
that may be involved as a result of this proposed rule include the 
Service, Department of Energy, Forest Service, U.S. Army Corps of 
Engineers, Natural Resources Conservation Service, Bureau of Land 
Management, Bureau of Reclamation, Department of the Army, Department 
of the Air Force, Office of Surface Mining, Western Area Power 
Administration, Rural Utilities Service, Federal Energy Regulatory 
Commission, Department of Housing and Urban Development, Federal 
Highway Commission, and Environmental Protection Agency. Federally 
listing Preble's as a threatened species will require these agencies to 
consider potential impacts to Preble's prior to approval of any 
activity authorized or permitted by them (e.g., Clean Water Act's 
section 404 permits, grazing management, military maneuvers, 
bioremediation and hazardous materials cleanup, mining permitting and 
expansion, highway construction, etc.).
    Federal agency actions that may require consultation as described 
in the preceding paragraph include: removing, thinning or altering 
vegetation; implementing livestock grazing management that alters 
vegetation during warm seasons; construction of roads or access along 
or through riparian areas; channelization and other alteration of 
perennial and intermittent streams and their hydrological regimes for 
flood control and other water management purposes; permanent and 
temporary damming of streams to create water storage reservoirs or 
deviate the stream's course; human activities in or near Preble's 
meadow jumping mouse habitats; construction of residential, commercial, 
and industrial developments, including roads, bridges, public utilities 
and telephone lines, pipelines, and other structures; bioremediation 
and hazardous materials

[[Page 26529]]

management, containment, and cleanup efforts such as those at Rocky 
Flats; and, sand and gravel and other types of mining activities within 
or upstream of Preble's meadow jumping mouse habitats.
    The Act and implementing regulations set forth a series of general 
prohibitions and exceptions that apply to all listed wildlife. The 
prohibitions codified at 50 CFR 17.21, in part, make it illegal for any 
person subject to the jurisdiction of the United States to take 
(including harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect; or attempt any of these), import or export, ship 
in interstate commerce in the course of commercial activity, or sell or 
offer for sale in interstate or foreign commerce any listed species. It 
also is illegal to possess, sell, deliver, carry, transport, or ship 
any such wildlife that has been taken illegally. Certain exceptions 
apply to agents of the Service and State conservation agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving listed wildlife under certain circumstances. Regulations 
governing permits are codified at 50 CFR 17.22 and 17.23. Such permits 
are available for scientific purposes, to enhance the propagation or 
survival of the species, and/or incidental take in connection with 
otherwise lawful activities. Information collections associated with 
these permits are approved under the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., and assigned Office and Management and Budget clearance 
number 1018-0094. For additional information concerning these permits 
and associated requirements, see 50 CFR 17.32.
    Requests for copies of the regulations regarding listed wildlife 
and inquiries about prohibitions and permits may be addresses to U.S. 
Fish and Wildlife Service, P.O. Box 25486, Denver Federal Center, 
Denver, Colorado 80225 (telephone 303/236-8155, Facsimile 303/236-
8192).
    The Service adopted a policy on July 1, 1994 (59 FR 34272), to 
identify to the maximum extent practicable at the time a species is 
listed, those activities that would or would not constitute a violation 
of section 9 of the Act. The intent of this policy is to increase 
public awareness of the effect of the listing on proposed and ongoing 
activities within a species' range. The Service believes that, based 
upon the best available information, the following actions will not 
result in a violation of section 9, provided these activities are 
carried out in accordance with existing regulations and permit 
requirements:
    (1) Activities authorized, funded, or carried out by Federal 
agencies (e.g., grazing management, agricultural conversions, wetland 
and riparian habitat modification, flood and erosion control, mineral 
development, housing and commercial development, recreational trail 
development, road and dam construction, hazardous material containment 
and cleanup activities, prescribed burns, pest control activities, 
pipelines or utility lines crossing riparian/wet meadow habitats, 
logging, military maneuvers and training) when such activity is 
conducted in accordance with any incidental take statement prepared by 
the Service in accordance with section 7 of the Act;
    (2) Activities such as grazing management, flood and erosion 
control, agricultural conversions, wetland and riparian habitat 
modification, mineral development, housing and commercial development, 
road and dam construction, recreational trail development, hazardous 
material containment and cleanup activities, prescribed burns, pest 
control activities, pipelines or utility lines crossing riparian/wet 
meadow habitats, logging, military maneuvers and training when such 
activity does not occur in habitats suitable for the survival and 
recovery of the Preble's meadow jumping mouse, does not alter 
downstream hydrology or riparian habitat supporting Preble's, and does 
not result in actual death or injury to the species by significantly 
modifying essential behavioral patterns;
    (3) Within the hibernation period and outside denning areas, 
controlled burns and mowing, or other activities that temporarily alter 
the Preble's meadow jumping mouse food sources. The period when mowing 
and burning activities would not impact the Preble's meadow jumping 
mouse nourishment may vary at specific locations, but would usually 
fall between October 15 and April 15 of every year;
    (4) Human recreational activities undertaken on foot or horseback 
at breeding, feeding, and hibernating sites that do not degrade 
Preble's meadow jumping mouse habitat (e.g., waterfowl hunting, bird 
watching, sightseeing, photography, camping, hiking); and,
    (5) Application of pesticides in accordance with label 
instructions, in areas that do not drain into Preble's meadow jumping 
mouse habitats.
    Activities that the Service believes could potentially result in a 
violation of section 9 include, but are not limited to:
    (1) Unauthorized or unpermitted collecting, handling, harassing, or 
taking of the species;
    (2) Activities that directly or indirectly result in the actual 
death or injury death of Preble's meadow jumping mice, or that modify 
the known habitat of the species, thereby significantly modifying 
essential behavioral patterns (e.g., plowing, mowing, or cutting; 
conversion of wet meadow or riparian habitats to residential, 
commercial, industrial, recreational areas, or cropland; overgrazing; 
road and trail construction; water development or impoundment; mineral 
extraction or processing; off-highway vehicle use; and, hazardous 
material cleanup or bioremediation); when such activities are not 
carried out pursuant to either a section 10(a)(1)(B) permit issued by 
the Service; a protective regulation issued under section 4(d) 
necessary and advisable for the conservation of the species, or in 
accordance with any reasonable and prudent measures given by the 
Service under section 7(b)(4)(C)(ii) of the Act.
    (3) The application or discharge of agrichemicals, or other 
pollutants, and pesticides, onto plants, soil, ground water, or other 
surfaces in violation of label directions, or any use following Service 
notification that such use, application or discharge is likely to harm 
the species; would be evidence of unauthorized use, application or 
discharge.
    Questions regarding whether specific activities, such as changes in 
land use, will constitute a violation of section 9 should be directed 
to the Colorado Field Office (see ADDRESSES section).
    The prohibition against intentional and unintentional ``take'' of 
listed species applies to all landowners regardless of whether or not 
their lands are within designated critical habitat (see 16 U.S.C. 
1538(a)(1), 1532(1a) and 50 CFR 17.3). Section 10(a)(1)(B) authorizes 
the Service to issue permits for the taking of listed species 
incidental to otherwise lawful activities such as agriculture, surface 
mining, and urban development. Take permits authorized under section 9 
must be supported by a habitat conservation plan (HCP) under section 10 
that identifies conservation measures that the permittee agrees to 
implement to conserve the species, usually on the permittee's lands. 
The Service would approve an HCP, and issue a section 10(a)(1)(B) 
permit only if the plan would minimize and mitigate the impacts of the 
taking and would not appreciably reduce the likelihood of the survival 
and recovery of that species in the wild.

National Environmental Policy Act

    The Service has determined that Environmental Assessments and 
Environmental Impact Statements, as defined under the authority of the

[[Page 26530]]

National Environmental Policy Act of 1969, need not be prepared in 
connection with regulations adopted pursuant to Section 4(a) of the 
Act. A notice outlining the Service's reasons for this determination 
was published in the Federal Register on October 25, 1983 (48 FR 
49244).

Required Determinations

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements. This rulemaking was not subject to review by the Office 
of Management and Budget under Executive Order 12866.

References Cited

    A complete list of all references cited is available upon request 
from the Colorado Field Office (see ADDRESSES above).
    Author. The primary author of this document is Peter Plage of the 
Colorado Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, the Service amends part 17, subchapter B of chapter I, 
title 50 of the Code of Federal Regulations, as amended, as set forth 
below:

PART 17--[AMENDED]

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

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

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


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate                                                           
--------------------------------------------------------                        population where                                  Critical     Special  
                                                            Historic range       endangered or         Status      When listed    habitat       rules   
           Common name                Scientific name                              threatened                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals:                                                                                                                                                
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
    Mouse, Preble's meadow         Zapus hudsonius       U.S.A. (CO, WY)....  ......do...........  T                       636           NA           NA
     jumping.                       preblei.                                                                                                            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: May 8, 1998.
John G. Rogers,
Director, Fish and Wildlife Service.
[FR Doc. 98-12828 Filed 5-12-98; 8:45 am]
BILLING CODE 4310-55-P