[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13283]


[[Page Unknown]]

[Federal Register: June 1, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

 

Endangered and Threatened Wildlife and Plants; 90-Day Finding on 
a Petition to List the Swift Fox as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 90-
day finding for a petition to add the swift fox (Vulpes velox) to the 
List of Threatened and Endangered Wildlife and Plants. While the 
petition did not present substantial information indicating that the 
requested action may be warranted throughout the species range, the 
Service has found that substantial information exists to support a 
decision that listing of the swift fox may be warranted throughout its 
entire range. The Service is continuing a status review of the species 
and requests any additional information regarding this finding.

DATES: The finding announced in this notice was made on May 23, 1994. 
Comments and materials related to this petition finding may be 
submitted to the Field Supervisor (see ADDRESSES below) until further 
notice.

ADDRESSES: Information, comments, or questions concerning the swift fox 
petition may be submitted to the Field Supervisor, Ecological Services, 
U.S. Fish and Wildlife Service, 420 South Garfield Avenue, Suite 400, 
Pierre, South Dakota 57501-5408. The petition, finding, and comments 
are available for public inspection, by appointment, during normal 
business hours at the above address.

FOR FURTHER INFORMATION CONTACT:

Elizabeth McPhillips, Acting Supervisor, at the above address, 
telephone (605) 224-8693.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as 
amended in 1982 (16 U.S.C. 1531 et seq.), requires that the U.S. Fish 
and Wildlife Service (Service) make a finding on whether a petition to 
list, delist, or reclassify a species presents substantial scientific 
or commercial information to indicate that the petitioned action may be 
warranted. To the maximum extent practical, this finding is to be made 
within 90 days of the receipt of the petition, and the finding is to be 
published promptly in the Federal Register. If the finding is positive, 
the Service also is required to promptly commence a status review of 
the species.
    A petition dated February 22, 1992 from Mr. Jon C. Sharps was 
received by the Service on March 3, 1992. The petition requested the 
Service to list the swift fox (Vulpes velox) as an endangered species 
in the northern portion of its range, if not the entire range. A status 
review for the species was first initiated for the swift fox by a 
notice of review published on December 30, 1982 (47 FR 58454).
    The petition and its referenced documentation states that the swift 
fox once occurred in abundant numbers throughout the species historical 
range. the species was known from the Canadian Prairie Province south 
through Montana, eastern Wyoming, and North and South Dakota to the 
Texas Panhandle. The petitioner asserts that the swift fox has declined 
and is considered rare in the northern portion of its range. The 
petitioner indicates that the swift fox is extremely vulnerable to 
human activities such as trapping, hunting, automobiles, agricultural 
conversion of habitat, and prey reduction from rodent control programs. 
The petitioner requests that, at a minimum, the swift fox be listed as 
an endangered species in Montana, North Dakota, South Dakota, and 
Nebraska. Justification for such action as cited by the petitioner 
includes the present status of the species and its habitat in the 
petitioned area, geographic and climatic positioning of the species, 
the strong link to the prairie dog ecosystem, the large distance from 
the kit-swift fox hybrid zone, and the potential for these populations 
to contain the subspecies, Vulpes velox hebes or northern swift fox.
    The Service has reviewed information regarding the status of the 
swift fox throughout its range. Historically, the swift fox was 
considered abundant throughout the Great Plains and the prairie 
provinces of Canada (Hall and Kelron 1959; Egoscue 1979; Zumbaugh and 
Choates 1985; U.S. Fish and Wildlife Service 1990; FaunaWest 1991). 
Beginning in the late 1800's to early 1900's, the swift fox declined in 
numbers, and soon the northern population collapsed and the southern 
population became quite rare (Cary 1911; Warren 1942; Egoscue 1979; Bee 
et al. 1981; FaunWest 1991).
    In the mid-1950's the swift fox staged a limited comeback in 
portions of its historical range (Long 1965; Kilgore 1969; McDaniel 
1976; Sharps 1977; Hines 1980; FaunaWest 1991). However, this 
reappearance was limited in nature and in recent years many of these 
populations have again declined. Several factors are provided as 
reasons for the decline of the species throughout much of its 
historical range. These factors include: (1) Loss of native prairie 
habitat through conversion for agricultural production and mineral 
extraction, (2) fragmentation of the remaining habitat, creating a less 
suitable cropland-grassland habitat mosaic, (3) degradation of habitat 
due to colonial rodent control activities, (4) predation and 
interspecific competition, and (5) the species' vulnerability to human 
activities, such as predator control, trapping, shooting, and 
collisions with automobiles (Hillman and Sharps 1978; Hines 1980; 
Armbruster 1983; Uresk and Sharps 1986; Jones et al. 1987; Sharps 1989; 
U.S. Fish and Wildlife Service 1990; FaunaWest 1991; Carbyn et al. 
1992).
    Currently, swift fox exist in highly disjunct populations in a 
greatly reduced portion of the species' historical range (Hines 1980; 
Jones et al. 1987; U.S. Fish and Wildlife Service 1990; FaunaWest 
1991). Presently, North Dakota, Montana, and Oklahoma do not contain 
known populations of swift fox. South Dakota and Nebraska only contain 
one to five remnant populations in a fraction of the States' historical 
range. Kansas, Texas, and Wyoming maintain localized populations with 
limited distributions. Colorado and New Mexico appear to contain 
localized populations distributed throughout reduced portions of the 
States' historical range.
    In 1970, the Service listed the northern subspecies (Vulpes velox 
hebes) as endangered (35 FR 8485). This designation was removed in the 
United States due to controversy over taxonomy; however, the 
designation for Canada as endangered remains in place (45 FR 49844).
    Canada classified the swift fox as extirpated in 1978 (Carbyn et 
al. 1992). Since 1983, the Canadian Wildlife Service has been involved 
in a reintroduction experiment in the hope of recovering the swift fox. 
This 12-year program has resulted in an estimated wild fox population 
of 150 foxes within two release areas (Carbyn et al. 1992). However, 
the viability of this population is in question due to the low numbers 
of established animals, high predation rates, continued habitat loss or 
modification within the release areas, and the unpredictability of 
climatic or other stochastic events such as disease (Carbyn et al. 
1992).
    The Service notes that the majority of information reviewed 
supported many of the petitioner's contentions concerning the decline 
of and threats to the swift fox within the northern portion of its 
historical range. This information also indicated that many of the 
petitioner's contentions appear valid throughout the remainder of the 
species' range.
    The petitioner provided substantial information that listing of the 
swift fox may be warranted in the northern portion of its range but did 
not provide substantial information on the species' status in the 
southern portion of its range. The Service found that additional 
information existed to indicate that listing of the swift fox 
throughout its range may be warranted.
    Therefore, after reviewing the petition, accompanying 
documentation, references cited, and the best scientific and commercial 
data available, the Service finds that the requested action may be 
warranted throughout the swift fox's historical range. Through issuance 
of this notice of the 90-day finding, the Service is continuing a 
status review of the swift fox and solicits additional information on 
the species. The Service will prepare a 12-month finding to determine 
if the petitioned action is warranted as required by section 4(b)(3)(B) 
of the Endangered Species Act.

References Cited

    A complete list of all references cited herein, as well as others, 
it available upon request from the Service's, Pierre Field Office (see 
ADDRESSES above).

Author

    This notice was prepared by Daniel Eklund (see ADDRESSES above).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531-1544).

List of Subjects in 50 CFR Part 17

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

    Dated: May 23, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-13283 FIled 5-31-94; 8:45 am]
BILLING CODE 4310-55-M