[Federal Register Volume 60, Number 116 (Friday, June 16, 1995)] [Proposed Rules] [Pages 31663-31666] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-14730] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding for a Petition To List the Swift Fox as Endangered AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of 12-month petition finding. ----------------------------------------------------------------------- SUMMARY: The Fish and Wildlife Service (Service) announces a 12-month finding for a petition to list the swift for (Vulpes velox) under the Endangered Species Act of 1973, as amended. After review of all available scientific and commercial information, the Service finds that listing this species is warranted but precluded by other higher priority actions to amend the List of Endangered and Threatened Wildlife and Plants. DATES: The finding announced in this document was made on June 12, 1995. ADDRESSES: Information, comments, or questions concerning this petition should be submitted to the Field Supervisor, Fish and Wildlife Service, Ecological Services, 420 South Garfield Avenue, Suite 400, Pierre, South Dakota 57501-5408. The petition finding, supporting data, and comments are available for public inspection, by appointment, during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Donald R. (Pete) Gober, Field Supervisor, at the above address, telephone (605) 224-8693. SUPPLEMENTARY INFORMATION: Background Section 4(b)(3)(B) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.), requires that, for any petition to revise the List of Endangered and Threatened Wildlife and Plants that contains substantial scientific and commercial information, the Fish and Wildlife Service (Service) make a finding within 12 months of the date of the receipt of the petition on whether the petitioned action is (a) not warranted, (b) warranted, or (c) warranted but precluded from immediate proposal by other pending proposals of higher priority. Notice of the finding is to be published promptly in the Federal Register. This notice meets that requirement for a 12-month finding made earlier for the petition discussed below. Information contained in this notice is a summary of the information in the 12-month finding, which is the Service's decision [[Page 31664]] document. Section 4(b)(3)(C) requires that petitions for which the requested action is found to be warranted but precluded should be treated as through resubmitted on the date of such finding, i.e., requiring a subsequent finding to be made within 12 months. 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 90-day finding was made by the Service that the petition presented substantial information indicating that the requested action may be warranted. The 90-day finding was announced in the Federal Register on June 1, 1994 (59 FR 28328). The Service has reviewed the petition, the literature cited in the petition, other available literature and information, and has consulted with biologists and researchers familiar with the swift fox. On the basis of the best scientific and commercial information available, the Service finds the petition presented information indicating that the listing may be warranted but the immediate listing of the species is precluded by work on other species having higher priority for listing. 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 Provinces 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, the strong link to the prairie dog ecosystem, the large distance from the kit (Vulpes macrotis)-swift fox zone of intergradation, and the potential for these populations to contain the northern subspecies (Vulpes velox hebes). In 1970, the Service listed the northern swift fox as endangered (35 FR 8485; June 2, 1970). This designation was removed in the United States due to controversy over its taxonomy; however, the designation as endangered in Canada remains (45 FR 49844; July 25, 1980). In 1970, the Service listed the northern swift fox as endangered (35 FR 8485; June 2, 1970). This designation was removed in the United States due to controversy over its taxonomy; however, the designation as endangered in Canada remains (45 FR 49844; July 25, 1980). The Service 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 Kelson 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 the northern population disappeared with the southern population decreasing in numbers (Cary 1911; Warren 1942; Egoscue 1979; Bee et al. 1981; FaunaWest 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 nature 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 prairie-dog 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; FunaWest 1991). Swift fox are believed to be extirpated in North Dakota. Remnant populations remain in Montana and Oklahoma. Small, disjunct populations of unknown status remain in South Dakota, Wyoming, Nebraska, Kansas, Colorado, New Mexico and Texas. There is limited but encouraging evidence that some reoccupation of its former range may be occurring in Montana, Oklahoma, Kansas, Colorado, and Wyoming. New Mexico also appears to contain localized populations distributed throughout reduced portions of the State's historical range. However, there has been no biological or scientific evidence presented to the Service during the extended status review period to confirm the viability or stability of any of these populations. Seventy to 75 percent of remaining swift fox populations are believed to reside on private lands, with the remaining populations on Federal lands belonging to the U.S. forest Service, the National Park Service, the Bureau of Land Management, and the Department of the Army. Summary of Factors Affecting the Species The following information is a summary and discussion of the five factors or listing criteria as set forth in section 4(a)(1) of the Act and regulations (50 CFR part 424) promulgated to implement the listing provisions of the Act and their applicability to the current status of the swift fox. A. The Present or threatened destruction, modification, or curtailment of the species' habitat or range. The swift fox is a prairie-dwelling species that generally requires 518 ha to 1,296 ha (1,280 to 2,300 acres) of short to midgrass prairie habitat with abundant prey to support a pair (Cameron 1984; Jones et al. 1987; Rongstad et al. 1989; Jon Sharps, Wildlife Systems, pers. comm. 1993). Swift fox habitat is comprised of level to gently sloping topography containing an open view of the surrounding landscape (<15 percent slope), abundant prey, and lack of predators and competitors (Cutter 1958a; Hillman and Sharps 1978; Hines 1980; Fitzgerald et al. 1983; Lindberg 1986; U.S. Fish and Wildlife Service 1990; FaunaWest 1991; Carbyn et al. 1992). Historically, the species was distributed throughout the contiguous short to midgrass prairie habitat from the south-central Prairie Provinces in Canada to the southern portions of the western Great Plains. In recent times, the swift fox has experienced a significant reduction in its historic range due to a combination of human activities. Based on current range-wide swift fox distribution information, the Service estimates that the swift fox is extirpated from 80 percent of its historical range. Within the remaining 20 percent of its historical range, swift fox populations exist in scattered, [[Page 31665]] isolated pockets of remnant short to midgrass prairie habitat. The Service estimates that swift fox may actually occupy only half of the remaining 20 percent of its historical range. Habitat loss and fragmentation has occurred due to a variety of human activities such a agricultural conversion of the prairie and mineral extraction. Beyond direct agricultural conversion, the remaining short to midgrass prairie ecosystem has been significantly altered due to creation of a grassland-cropland mosaic, with continued reduction of the prairies rodent prey base and modification of the native predator community. Roadways also alter the availability and suitability of habitat, thus fragmenting swift fox habitat and exposing them to traffic, trapping, shooting, predator control, and rodent control. B. Overutilization from commercial, recreational, scientific, or educational purposes. Commercial trapping for other furbearers occurs throughout the range of the swift fox. Often swift fox are harvested incidental to commercial trapping for other furbearers such as coyotes (McDaniel 1976; Sharps 1984; Jones et al. 1987; U.S. fish and wildlife Service 1990). Unlike other furbearers, swift fox pelts are not particularly valuable (Arnold 1925; Jones et al. 1987; FaunaWest 1991). This lack of value and pelt quality has not completely stopped trade in swift fox pelts. Protection is minimal because the swift fox is unwary and naive, making it susceptible to trapping, ragardless of whether it is the targeted species. Legal and/or incidental take of the species is expected to continue. The swift fox is legally harvested in four States (Colorado, New Mexico, Kansas, and Texas). In Wyoming, it is a protected species by virtue of its nongame status, but it is still legal to buy and sell swift fox pelts. In addition, Wyoming has supplied 25 to 30 swift fox per year to Canada for their recovery program. Harvest data received from the above States is insufficient to assist the Service in the determination of population trends or to determine the actual numbers being legally harvested on an annual basis. The New Mexico data shows a significant (95 percent) decrease in the kit-swift fox harvest in recent years, but its significance relative to swift fox status cannot be determined. The Colorado data shows that harvest of kit/swift fox has decreased from a high of 3,322 animals during the 1981-1982 season to 161 animals (fox) in 1990 and 373 animals in 1991, respectively. Harvest data from Kansas indicates that between 1982 and 1994, 1,220 swift fox were harvested from approximately 23 counties located in the western-most one-fourth of the State. Jones (1987) reports that available harvest data from Texas is limited, but it shows an annual harvest of between 300 and 500 animals. C. Disease and predation. The effects of infectious diseases in swift fox are relatively unknown. However, they are susceptible to most diseases that plague canids (FaunaWest 1991). Studies conducted in California on the kit fox noted canine parvovirus as a major disease (FaunaWest 1991). Since parvovirus is found throughout the U.S. and is fatal to domestic dogs, it is probably also fatal to swift foxes. Other diseases documented in kit foxes include canine hepatitis, tularemia, brucellosis, toxoplasmosis, and coccidiomycosis (FaunaWest 1991). Many of these diseases are known to be widespread and their presence in swift fox populations is highly probable. Because of major changes to the faunal community of the western Great Plains ecosystem, the swift fox has become extremely vulnerable to predation from coyotes. Historically, the gray wolf (Canis lupus) was the dominant canid in the Great Plains hierarchy. The gray wolf was not considered a significant predator on swift fox and, because it targeted large ungulates, it probably provided swift fox with a source of carrion (Moravek 1990; U.S. Fish and Wildlife Service 1990; FaunaWest 1991). The coyote and red fox, while widely distributed in specific habitats, were not generally considered abundant because of the wolf's dominant canid role in the western Great Plains ecosystem (Johnson and Sargeant 1977). Coyotes are now the most abundant and widely distributed canid on the Great Plains (Alan Sargeant, U.S. Fish and Wildlife Service, pers. comm. 1992). Studies have shown that predation by coyotes has a severe impact on the survival of swift fox (Robinson 1961; Reynolds 1986; Rongstad et al. 1989; Sharps 1989; Moravek 1990; U.S. Fish and Wildlife Service 1990; Carbyn et al. 1992). Furthermore, the red fox, which historically existed in isolated pockets on the Great Plains, expanded its distribution westward because of agriculture development (Moravek 1990; A. Sargeant, pers. comm. 1992). Also red foxes undoubtedly compete with swift fox. D. Inadequacy of existing regulatory mechanisms. The swift fox is listed as endangered in Nebraska, threatened in South Dakota, and is protected by regulation in Wyoming. Despite having this protective status, it is still legal to buy and sell swift fox pelts in Wyoming (Bob Oakleaf, Wyoming Game and Fish Department, pers. comm. 1993). The swift fox is listed as a furbearer in seven States (Colorado, Montana, Kansas, Oklahoma, New Mexico, North Dakota, and Texas) and it is legally harvested in Colorado, Kansas, Texas, and New Mexico). In Montana, Oklahoma, and North Dakota, no legal harvest of swift foxes is allowed because of the species' rarity (Arnold Dood, Montana Department of Fish, Wildlife and Parks, pers. comm. 1993; Sonja Jahrsdoerfer, U.S. Fish and Wildlife Service, pers. comm. 1993; Randy Kreil, North Dakota Game and Fish Department, pers. comm. 1993). Since the swift fox is not federally protected and its pelts are of little economic value, there is little effort by the States to determine the status of the swift fox in their jurisdiction, even though it is harvested legally or incidentally taken. Other than State trapping regulations, there is little regulatory protection afforded the swift fox or its habitat. Efforts by the States to modify techniques to avoid the unintentional trapping of swift fox are minimal. E. Other man-made or natural factors affecting the species' continued existence. The swift fox is inquisitive in nature, thus making it extremely vulnerable to human activities. Swift fox are easily trapped, shot, captured by dogs, or killed along country roadsides (Kilgore 1969; Hillman and Sharps 1978; Hines 1980; Sharps and Whitcher 1983; Uresk and Sharps 1986; U.S. Fish and Wildlife Service 1990; Dr. Clyde Jones, Texas Technology University, pers. comm. 1993). Additionally, swift fox are mistakenly taken for coyotes or by people wishing to remove all canids for fear of livestock predation (Zegers 1976). Habitat loss and modification, rodent control programs, and other human activities often reduce the prey base, impacting the species' ability to find prey. Historically, the range of the swift fox and prairie dog overlapped extensively (Hall and Kelson 1959; Sharps 1993). Swift fox are extremely vulnerable to prey reduction caused by habitat modification and prairie dog control programs (Hines 1980; Egoscue 1979; Sharps 1984; Sharps 1989; Uresk and Sharps 1986; Moravek 1990). Where the prey base has been reduced, swift fox often seek out carrion along roadsides (Hines 1980). Additionally, predator control in the area is conducted by private individuals who use leg hold traps, snares, and shoot animals (U.S. Fish Wildlife Service 1990; Sharps 1993; FaunaWest 1991). [[Page 31666]] Finding Section 4(b)(3)(B)(iii) of the Act states that the Service may make warranted but precluded findings if it can demonstrate that an immediate proposed rule is precluded by other pending proposals and that expeditious progress is being made on other listing actions. Since September 30, 1993, the Service has proposed the listing of 118 species and has finalized the listing for 182 species. The Service believes this demonstrates expeditious progress. Furthermore, on September 21, 1983 (48 FR 43098), the Service published a system for prioritizing species for listing. This system considers 3 factors in assigning species' numerical listing priorities on a scale of 1 to 12. The three factors magnitude of threat, immediacy of threat, and taxonomic distinctiveness. After reviewing and considering the scientific merits and significance of all comments, recommendations, and study proposals received from State and Federal agencies and from private individuals relative to the Service's 90-day Administrative Finding, the Service has concluded that the magnitude of the threat to the swift fox is moderate throughout its present range. The States of Kansas, Colorado, and Wyoming have presented evidence that swift foxes have reoccupied former prairie habitats and have also moved into agricultural lands. However, scientific evidence also indicates that identifiable threats to the swift fox exist over the entire 10-State range, and the Service has concluded that the immediacy of these threats is ``imminent.'' The Service, in its determination of the current degree of threat to the species, also considered a long-range conservation strategy document drafted by an interagency State team which provides a framework of goals, objectives, and strategies. Implementation of this plan, including the formation of a swift fox working team should help reduce some of these threats to its survival. Having considered this draft conservation strategy document and the significance of the evidence provided by the aforementioned States, the Service believes that the magnitude of threats is ``moderate'' but the immediacy of these threats remains ``imminent.'' Therefore, a listing priority of 8 is assigned for the species. The Service will reevaluate this warranted but precluded finding 1 year from the date of the finding. If sufficient new data or information becomes available in the future regarding the magnitude of threats, abundance, and health of these swift fox populations, the Service will reassess the status of the species. The warranted but precluded finding elevates the swift fox's candidate species status from category 2 to category 1. The Service's 12-month finding contains more detailed information regarding the above decisions. A copy may be obtained from the South Dakota Field office (see ADDRESSES section). References Cited A complete list of references cited in the rule is available upon request from the South Dakota Field office (see ADDRESSES section). Author The primary author of this document is David A. Allardyce (see ADDRESSES section). Authority The authority for this action is the Endangered Species Act (16 U.S.C. 1531 et seq.) Dated: June 12, 1995. Mollie H. Beattie, Director, Fish and Wildlife Service. [FR Doc. 95-14730 Filed 6-15-95; 8:45 am] BILLING CODE 4310-55-M