[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Proposed Rules]
[Pages 14093-14101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7428]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE06


Proposal To List the Preble's Meadow Jumping Mouse as an 
Endangered Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service proposes to list the 
Preble's meadow jumping mouse (Zapus hudsonius preblei) as an 
endangered 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 only four counties in 
Colorado and two counties in Wyoming. Historical surveys document its 
former presence in five additional counties in Colorado and three 
additional counties in 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 proposal, 
if made final, would extend protection of the Act to the Preble's 
meadow jumping mouse.

DATES: Comments from all interested parties must be received by May 27, 
1997. Public hearing requests must be received by May 9, 1997.

ADDRESSES: Comments or materials concerning this proposed rule may be 
sent to the Colorado Field Supervisor, U.S. Fish and Wildlife Service, 
P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225. 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 (see ADDRESSES section), (telephone 303/275-
2370).

SUPPLEMENTARY INFORMATION:

Background

    The Preble's meadow jumping mouse (Zapus hudsonius preblei) is a 
small rodent in the family Zapodidae and is one of 11 subspecies of the 
species Z. hudsonius, the meadow jumping mouse (Krutzsch 1954, Whitaker 
1972). The family consists of small to medium-sized mice with long 
tails and long feet adapted for jumping. Krutzsch (1954) reviewed 
taxonomy and distribution of the genus Zapus in North America and 
recognized three living species, Z. hudsonius, Z. trinotatus, and Z. 
princeps. 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.
    The Preble's meadow jumping mouse (Preble's) was first discovered 
and described from Loveland, Larimer County, Colorado, by A.E. Preble 
in 1895 (Preble 1899, cited by Krutzsch 1954). All records 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 critical to its identification.
    A source of confusion is the similarity of appearance between the 
Preble's meadow jumping mouse and Z. p. princeps, a subspecies of the 
western jumping mouse that 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. p. 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 (Aaron Ellingson, Colorado 
Natural Heritage Program, in litt. 1995). Ranges of the Preble's meadow 
jumping mouse and Z. p. princeps are not thought to overlap in Colorado 
but may overlap in Wyoming (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. h. campestris from northeastern 
Wyoming, but summarized differences in coloration and skull 
characteristics. Krutzsch concluded that considerable differences 
existed between Preble's and related subspecies. Hafner et al. (1981) 
described an additional subspecies Z. h. luteus present in New Mexico 
and Arizona and differentiated it from Preble's. This subspecies was 
not addressed by Krutzsch since it was previously considered Z. p. 
luteus, a subspecies of the western jumping mouse.

[[Page 14094]]

    Results from limited genetic analysis of Z. hudsonius from 
Minnesota and Indiana, presumed Preble's meadow jumping mouse from the 
Department of Energy's Rocky Flats Environmental Technology Site (Rocky 
Flats) in Jefferson County, Colorado, 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 (Service), the Colorado Division of 
Wildlife supported genetic studies of Preble's trapped in Colorado 
during the 1996 field season. Tissue samples from Preble's trapped in 
Colorado are being assessed, through mitochondrial DNA analysis, and 
will be compared to available reference samples from Z. hudsonius from 
other areas. While mitochondrial DNA analysis is an accepted technique 
for establishing taxonomic relationships, it is uncertain whether these 
studies will produce conclusive results regarding the genetic 
differences between Preble's and other recognized subspecies of Z. 
hudsonius. Results of these studies will be available in 1997.
    Under section 15.3 of the Act, the term ``species'' is defined to 
include recognized subspecies. Therefore, throughout the remainder of 
this document, Preble's meadow jumping mouse (Z. h. preblei) is 
treated, in the context of the Act, as a ``species.''
    Though the Preble's meadow jumping mouse has not been studied as 
intensively as Z. hudsonius has been studied elsewhere, it is believed 
to be similar to other subspecies of 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 (Fitzgerald et al. 1994, Whitaker 1972). 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 two to 
three litters (Fitzgerald et al. 1994).
    Krutzsch (1954), Quimby (1951), and Armstrong (1972) agree that 
across its range, Z. hudsonius occurs mostly in low undergrowth 
consisting of grasses, forbs, 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. Some authors (Tester et al. 1993) have 
suggested that proximity to water may be the most important factor 
influencing habitat selection and utilization by Z. hudsonius.
    Recent research on the Preble's meadow jumping mouse has focused 
mostly on current status; however, some aspects of life history, 
behavior, and habitat utilization have been documented. In general, 
results of recent investigations have not been documented in peer-
reviewed scientific literature. Data have been gathered by researchers 
at Rocky Flats on the timing of the initial breeding period and time of 
hibernation (PTI Environmental Services 1996). 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.
    At Rocky Flats, the Preble's meadow jumping mouse appears to be 
primarily dependent on riparian corridors along creeks that are 
dominated by the shrubs Salix exigua (coyote willow) or Amorpha 
fruticosa (leadplant), and are in proximity to mesic grasslands 
dominated by Andropyron smithii (western wheatgrass) and Poa pratensis 
(Kentucky bluegrass) (Bakeman, Deans and Ryon, EG&G, in litt. 1995). 
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 1996). In the same 
study, 90 percent of captures occurred within 5 m (16 ft) of canopy 
edge consisting of Salix exigua, Symphoricarpos occidentalis (western 
snowberry), Prunus americana. (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 presented burrowing or 
nesting opportunities. Five nests were located in dense vegetation 
(Harrington et al. 1995). Litter is used to construct nests, which are 
occupied during the Preble's meadow jumping mouse's active season. 
Based on a single underground hibernaculum, located through use of 
telemetry, upland habitats may be preferred for hibernation by Preble's 
(Fred Harrington, Pawnee Natural History Society, pers. comm. 1995).
    Ryon (1995) reported that four of five recent 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, historic capture sites where Ryon failed to capture 
Preble's generally lacked one or more of these components. Harrington 
(1995) captured Preble's in riparian shrubland dominated by Salix 
exigua along East Plum Creek, Douglas County, Colorado. Preble's was 
captured along Monument Creek within the U.S. Air Force Academy lands 
in Colorado Springs, El Paso County, Colorado, 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 (1995) suggested that where Preble's occupies habitat along 
intermittent streams, adjacent wet meadows and seeps may be important 
habitats in dry periods.
    Based on recent survey data, Preble's are most frequently 
encountered along riparian corridors of small intermittent and 
perennial streams, where low Salix sp. and other dense shrubs are found 
with lush ground cover (grasses, forbs, etc.). Recent captures that 
were exceptions to the above described habitat, 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).
    Preble's meadow jumping mouse may never have been widespread in 
historical times. Armstrong (1972) described it as poorly known in 
Colorado and apparently nowhere abundant. The historical range of 
Preble's may represent a relic of a much larger range, occupied when 
the climate was cooler and damper (Fitzgerald et al. 1994). 
Nevertheless, the apparent extirpation of Preble's from historically 
occupied sites in Colorado and Wyoming, and the difficulties in finding

[[Page 14095]]

it in apparently adequate habitat suggests a decline in populations of 
the Preble's throughout its range. The Colorado Natural Heritage 
Program (in litt. 1996) ranks Preble's as T2, imperiled globally, and 
S2, imperiled in the State of Colorado.
    Records for Preble's meadow jumping mouse define a historical range 
including Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, 
Jefferson, Larimer, and Weld counties in Colorado; and Albany, Laramie, 
Platte, Goshen, and Converse counties in Wyoming (Krutzsch 1954, 
Compton and Hugie 1993, Carron Meaney, Denver Museum of Natural 
History, pers. comm., 1996). Historical sites in Colorado were further 
discussed by Meaney and Clippenger (1995) and Ryon (1995). Based on 
distribution of apparently suitable habitat, the actual range may have 
extended further north, south, and east. Garber (1995) discussed 
historical sites from Wyoming and suggested that some historical 
Preble's study skins from Wyoming may have been misidentified. He 
indicated that without the skulls, positive identification was not 
possible.
    As one would expect, given the intensity of recent surveys for 
Preble's meadow jumping mouse, many more individuals have been trapped 
in the last 5 years than were historically documented in all previous 
years combined. Preble's meadow jumping mouse is known to exist in four 
counties in Colorado and two in Wyoming, but it is not known to be 
present in five other counties in Colorado and three counties in 
Wyoming where previously documented.

Colorado

    A number of historical and recent records of Preble's meadow 
jumping mouse exist for Boulder County; however, relatively few 
individuals have been documented in recent surveys. A summary of past 
records and a report of 1995 survey results was provided by Armstrong 
et al. (1996). Compton and Hugie (1993) reported a single Preble's 
capture, on the Van Vleet site near South Boulder Creek, resulting from 
a 1992 Service-funded study of four City of Boulder Open Space sites. 
One Preble's was found dead on the Van Vleet site in 1993 (Armstrong et 
al. 1996). A single Preble's was captured on City of Boulder Open Space 
land at Dowdy Draw (a tributary to South Boulder Creek) during 1994 
surveys. 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 the Van Vleet site (14 individuals) and the Gebhard site 
(9 individuals), both along South Boulder Creek (Armstrong et al. 
1996). The capture of 23 Preble's in 17,800 trapnights (one trap set 
for one night equals one trapnight) of effort in suspected habitat lead 
to the conclusion that Preble's is not abundant in the Colorado 
Piedmont of Boulder County. In 1996, one Preble's was captured on the 
Van Vleet site and two on the Burke 1 site (also City of Boulder Open 
Space), along South Boulder Creek, during an extensive study of 
grassland biodiversity entailing 6,600 trapnights of effort (Clint 
Miller, in litt. 1996). Meany and Clippenger (in litt. 1996) reported 
capturing seven or eight Preble's at a Boulder County Open Space site 
on St. Vrain Creek in 1996, the only captures of five Boulder County 
sites they surveyed.
    At Rocky Flats, Jefferson County, annual studies have taken place 
since the discovery of the Preble's meadow jumping mouse there in 1991 
(Harrington et al. 1996). Currently, known populations are located in 
all four major drainages within the Rocky Flats buffer zone (Tom Ryon, 
PTI Environmental Services, pers. comm. 1996). During the 1995 field 
season, 61 Preble's meadow jumping mice were trapped at Rocky Flats 
bringing the total number of individual mice trapped since 1991 to 161 
(Fred Harrington, pers. comm. 1995). Estimated density of Preble's in 
areas trapped during 1995 studies ranged up to 36 per hectare 9 (ha) 
(15 per acre (ac)). In 1996, two Preble's were captured on Jefferson 
County Open Space land near the mouth of Coal Creek Canyon west of 
Rocky Flats (Chris Pague, Colorado Natural Heritage Program, pers. 
comm. 1996). This is the only recent report of Preble's in Jefferson 
County outside of Rocky Flats.
    In 1995, seven Preble's meadow jumping mice were captured from a 
site on East Plum Creek, near Larkspur, Douglas County, by Harrington 
(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 (Carron Meaney, pers. comm. 1996). Surveys in 1996 by Meaney 
and Clippenger (in litt. 1996) located Preble's at an additional site 
on West Plum Creek south of Sedalia and at a site on Indian Creek (a 
tributary to Plum Creek) south of Louviers. Three Douglas County sites 
are on private land, with the fourth, Indian Creek, on Colorado 
Division of Wildlife property.
    In 1994, the Colorado Natural Heritage Program discovered the 
Preble's meadow jumping mouse on Air Force Academy lands along Monument 
Creek, El Paso County, while performing small mammal surveys. In 
comprehensive 1995 studies, an estimated 67 individual Preble's were 
captured (Corn et al. 1995). Using varying assumptions regarding 
trapping results and habitat available, total population estimates for 
Air Force Academy lands of 308 and 449 Preble's were generated. These 
correspond to density estimates in occupied habitat of 2.00 per hectare 
(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 and Clippenger, in litt. 1996). Based on recent 
survey results, Air Force Academy lands and nearby private lands may 
support the largest existing population of Preble's.

Wyoming

    Preble's meadow jumping mice were not located at five sites within 
their historical range during 1993 surveys funded by the Service 
(Compton and Hugie 1994). Tony Elliott of the Wyoming Cooperative 
Research Unit successfully captured two Preble's meadow jumping mice 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 individuals in 
2,200 trapnights of effort (Chris Pague, pers. comm. 1996).

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 notice of review, 
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). 
The Service has since discontinued the practice of maintaining a list 
of category 2 species and the Preble's meadow jumping mouse 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

[[Page 14096]]

which substantive data on biological vulnerability and threats were not 
available to support a proposed rule.
    On August 16, 1994, the Service received a petition from the 
Biodiversity Legal Foundation to list all known populations of 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 meadow jumping mouse 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 February 27, 1995, the 90-day finding was approved. On March 15, 
1995 (60 FR 13950-13952), 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.
    Section 4(b)(3)(A) of the Act, as amended, requires the Secretary 
of the Interior to reach a final decision on any petition accepted for 
review within 12 months of the receipt of the petition. This proposal 
constitutes the final finding on the petitioned action.

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. The best indication of range 
curtailment and current status is the lack of captures at historical 
sites and other sites with suitable habitat within its historical 
range. Since 1992, efforts to document existing populations of Preble's 
meadow jumping mouse have increased commensurate with rising concern 
over its status. Presence of Preble's in Colorado has been documented 
in four counties--along South Boulder Creek and St. Vrain Creek 
(Boulder County); within drainages at Rocky Flats and along Coal Creek 
(Jefferson County); along East Plum Creek and West Plum Creek (Douglas 
County); and, along Monument Creek within the Air Force Academy and 
along Smith Creek (El Paso County). In Wyoming, Preble's 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). Documented 
populations at the Air Force Academy and Rocky Flats are by far the 
largest known populations. Known Wyoming populations are separated from 
the closest known Colorado population by over 80 kilometers (km) (50 
miles (mi)). Preble's is not known to be present in five counties in 
Colorado and three counties in Wyoming where previously documented.
    Researchers are concerned with the lack of captures of Preble's at 
historical sites and other sites with suitable habitat within its 
historical range and believe that habitat loss and fragmentation 
resulting from human land uses have adversely impacted Preble's 
populations, and continues to do so. Ryon (1995) evaluated the current 
status of historical Preble's meadow jumping mouse capture sites in 
Colorado, addressing both the mouse's presence and current habitat 
conditions. No Preble's were captured when Ryon trapped six historical 
sites in five counties. Ryon found the lack of captures ``disturbing'' 
and related absence of Preble's to changes in habitat. He concluded 
that the range of Preble's has decreased, especially adjacent to or 
east of the Interstate Highway 25 urban corridor.
    Meaney and Clippinger (1995) reviewed aerial photographs of 9 
Colorado counties and, based on habitat and other factors, selected 16 
priority sites to survey for Preble's. Of these, seven sites in five 
counties were surveyed in 1995, with priority given to counties 
representing the boundaries of suspected Preble's range. No Preble's 
were captured at these seven sites despite 6,750 trapnights of effort.
    Extensive studies of public lands in Boulder County in 1995 
documented Preble's on only 2 of 13 sites surveyed (Armstrong et al. 
1996). Sites were selected based on documented historical presence and 
perceived quality of habitat. One conclusion of the study was that 
suitable habitat appeared to be present on some sites where trapping 
was unsuccessful.
    Compton and Hugie (1993) found it difficult to assess historical 
trends and current status of Preble's due to the scarcity of 
demographic data. 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. Garber (1995) documented Preble's 
persisting at only two Wyoming sites, commented on the difficulty of 
capturing Preble's on these sites, and concluded that substantial 
additional work was needed to determine the status of Preble's in 
Wyoming.
    Recent surveys for Preble's meadow jumping mouse at a number of 
additional locations 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's Forest Service (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 (Fred Harrington, pers. comm. 1995).
    Dozens of site surveys for Preble's meadow jumping mouse have been 
conducted by environmental consultants in recent years at locations of 
anticipated development. Beane (Ron Beane, MDG Inc., pers. comm. 1996) 
reported conducting Preble's trapping surveys at 11 sites in 1996 with 
no captures. Aside from Harrington's (1995) work on East Plum Creek, 
none of these site-specific predevelopment surveys have resulted in 
Preble's captures.
    Decline of the Preble's meadow jumping mouse is linked to 
widespread habitat alteration. Ryon (1995) commented that recent 
capture sites he observed were on large, historically undisturbed lands 
supporting native plant communities. Compton and Hugie (1993, 1994) 
cite human activities that have adversely impacted Preble's including: 
conversion of grasslands to farms; livestock grazing; water development 
and management practices; and, residential and

[[Page 14097]]

commercial development. They mention the ``urban sprawl'' occurring 
from Colorado Springs, Colorado, to Cheyenne, Wyoming, as a continuing 
threat to remaining populations.
    Some researchers hypothesize that warm season livestock grazing 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 
grazing probably was the most significant factor in reducing habitat 
for Preble's. Ryon (1995) cited livestock grazing as a contributor to 
lack of structural habitat diversity he observed on historical Preble's 
sites in Colorado. The two largest known populations of Preble's exist 
on Federal properties (Rocky Flats and the Air Force Academy) where 
livestock grazing is excluded.
    The importance of ``late season obesity'' (the buildup of fat 
reserves) in 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, Falk 
and Millar 1987, Brown 1970). Preble's entering hibernation with low 
fat reserves would be 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 Preble's, largely as land management tools. Impacts of 
current management practices to Preble's and their habitats are 
unknown. Given the relatively low numbers of Preble's found during 
recent surveys of City of Boulder Open Space sites, continuation of any 
land management practices detrimental to Preble's and their habitat may 
contribute to extirpation from these sites.
    Human development has produced profound changes in the hydrology of 
streams flowing east from the Colorado Front Range. Water development 
and management in its various forms can alter Preble's meadow jumping 
mouse habitat, usually with adverse impacts. Fitzgerald et al. (1994) 
stated that inundation of riparian areas to create reservoirs had 
deceased 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.
    Water diversions and associated land use changes can impact 
Preble's habitat directly, as well as through hydrologic alterations to 
Preble's habitat located downstream. Corn et al. (1995) expressed 
concerns regarding the hydrologic integrity of Monument Creek and its 
tributaries upstream of the Air Force Academy. Flood control, through 
the placement of riprap and other structural stabilization options, is 
currently being considered on areas of the Smith Creek floodplain that 
support Preble's.
    While Rocky Flats supports one of the two 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 habitat. A specific threat is 
potential disruption of the current hydrology by mining operations. 
Alluvial aggregate extraction, often in or near riparian habitats, 
continues to expand as development intensifies along the Colorado Front 
Range. At Rocky Flats, 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. Proposed mining operations are consistent with 
Jefferson County zoning. Results of ongoing hydrological studies will 
be used by Jefferson County in site plan review.
    Without careful planning Preble's meadow jumping mouse habitats 
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.
    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, the area of development 
corresponds almost directly to known Preble's meadow jumping mouse 
range. Fueled by human population increases (another 1 million people 
estimated by 2020), development in this area continues at an 
unprecedented rate. The results are destruction, modification, and 
encroachment upon Preble's habitat and, with ever increasing real 
estate pressure, an increase in the vulnerability of the species to 
vandalism or intentional destruction of its habitat.
    Residential and commercial development, accompanied by highway and 
bridge construction, and instream alterations to implement flood 
control, directly removes Preble's meadow jumping mouse habitat, or 
reduces, alters, fragments, and isolates habitat to the point where 
Preble's can no longer persist. At some historical capture sites, 
habitat appears intact, but isolation has probably rendered the sites 
unsuitable for Preble's (Ryon 1995). Bailey (1926) observed that 
jumping mice avoid roads and runways. Roads, trails, or other linear 
development through Preble's habitat may act as barriers to movement. 
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 Affect Preble's or its 
habitat.
    Development and heavy use of trails within occupied Preble's 
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 may 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. Based on information received by the Service's Colorado Field 
Office, a new paved trail is currently proposed by the City of Boulder 
within the Burke 1 and Gephard sites along South Boulder Creek.
    Habitat alteration may in turn encourage invasion of weeds. While 
little is known regarding impact of invasive, nonnative vegetation on 
Preble's, Ryon (1995) 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 and the 
potential problem of weed control programs impacting Preble's habitat.

[[Page 14098]]

    Patterns of capture suggest that populations may fluctuate over 
time at occupied sites, raising questions regarding status of 
documented populations. This report is based on the best scientific 
data currently available. In that context, Preble's appears to have 
undergone a significant decline in range. As the summary above 
demonstrates, a large number of known and potential threats to its 
continued existence have been documented.
    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. Overutilization is not 
currently thought to contribute to decline in the mouse'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 that 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 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 of the existing laws and regulations that could serve to 
protect Preble's and their 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 since Preble's is not a federally 
proposed or 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.
    Colorado Division of Wildlife Regulations (Chapter 10, Article IV) 
classify Z. hudsonius the 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. 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 habitats critical 
to the survival of the species. 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 no known 
regional or local laws, regulations, or ordinances that specifically 
protect Preble's or its habitat from inadvertent or intentional adverse 
impacts.
    E. Other natural or manmade factors affecting its continued 
existence. Use of pesticides and herbicides has undoubtably increased 
across known Preble's range as human land use has intensified. These 
chemicals could directly poison Preble's or they 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 has seriously 
declined from historic levels to a point where only four counties in 
Colorado and two in Wyoming are known to support Preble's populations. 
Based on numbers of Preble's, extent of suitable habitat, and land 
ownership, Rocky Flats and the Air Force Academy appear to be the sites 
with the greatest potential for maintaining Preble's. Riparian habitats 
required to support Preble's have been severely modified or destroyed 
by human development 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 unabated. Existing 
regulations have proven to be inadequate to protect Preble's, as 
witnessed by its documented 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 determining to propose this 
rule. Based on this evaluation, the preferred action is to list the 
Preble's meadow jumping mouse as an endangered species. The Service has 
determined that the Preble's meadow jumping mouse is in danger of 
extinction throughout all or a significant portion of its range and 
therefore meets the requirements to be listed as endangered. On 
September 5, 1995, the Preble's meadow jumping mouse was determined by 
the Service to have a listing priority of three. This priority 
emphasizes the need of this species to be protected under the Act.
    Following publication of the proposed rule in the Federal Register, 
peer review by appropriate experts will occur. Responses from the peer 
review process will be incorporated into any final rule for listing 
Preble's meadow jumping mouse. 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

[[Page 14099]]

which listing under the Act is no longer necessary.
    The Service finds that critical habitat is not prudent for Preble's 
meadow jumping mouse. 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.
    Listing of the Preble's meadow jumping mouse as an endangered 
species 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, publication of maps providing its precise 
locations within increasingly developing urban areas and descriptions 
of critical habitat, as required for the designation of critical 
habitat, would reasonably be expected to increase the degree of threat 
to the species, increase the difficulties of enforcement, and further 
contribute to the decline of Preble's meadow jumping mouse.
    Preble's meadow jumping mouse would not benefit from the 
designation of critical habitat. The Service determines that any 
potential benefits beyond those afforded by listing, when weighted 
against the negative impacts of disclosing site-specific location, does 
not yield an overall benefit and is therefore not prudent.
    Protection of the habitat of the species will be addressed through 
the Act's recovery process and section 7 consultation process. Four of 
the remaining populations are located on Federal lands administered by 
the Department of Defense, the Department of Energy and the U.S. Forest 
Service. These Federal agencies are aware of the species' occurrence at 
these sites and the requirement to consult with the Service to ensure 
that any actions Federally authorized, funded or carried out do not 
jeopardize the continued existence of an endangered or threatened 
species. Therefore, the Service finds that designation of critical 
habitat for this species is not prudent, for such designation would 
reasonably increase the degree of threat from vandalism or intentional 
destruction of habitat and would provide no additional benefit to the 
species.
    The Service will continue in its efforts to obtain more information 
on the Preble's meadow jumping mouse biology and ecology, including 
essential habitat characteristics, current and historic 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 State, 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)(4) requires Federal agencies to confer with the Service on 
any action that is likely to jeopardize the continued existence of a 
proposed species or result in destruction or adverse modification of 
proposed critical habitat. If a species is listed subsequently, 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 Air Force, Department of Energy, U.S. Forest Service, Colorado 
Division of Wildlife, Boulder County, Jefferson County, City of 
Boulder, and on private lands. For Federal lands where Preble's meadow 
jumping mice occur, the Act would require the appropriate land 
management agency to evaluate potential impacts to Preble's meadow 
jumping mice 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, Agricultural Stabilization and 
Conservation Service, Bureau of Reclamation, Department of the Army, 
Department of the Air Force, Office of Surface Mining, Western Area 
Power Administration, Rural Electrification Administration, Federal 
Energy Regulatory Commission, Department of Housing and Urban 
Development, Federal Highway Commission, and Environmental Protection 
Agency. Federally listing the Preble's meadow jumping mouse 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 conference and/or 
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 hiking/biking trails 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

[[Page 14100]]

developments, including roads, bridges, public utilities and telephone 
lines, pipelines, and other structures; bioremediation and hazardous 
materials 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 endangered 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 conservation agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered 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.
    Requests for copies of the regulations regarding listed wildlife 
and inquiries about prohibitions and permits may be addressed 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 
proposed for listing 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 
and housing 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 and housing 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, do not alter downstream hydrology or 
riparian habitat supporting Preble's, and do not result in actual death 
or injury to the species by significantly modifying essential 
behavioral patterns;
    (3) Within the hibernating period and outside denning areas, 
controlled burns and mowing, or other activities that 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 activities undertaken on foot or horseback at breeding, 
feeding, and hibernating sites that are non-invasive to the Preble's 
meadow jumping mouse (e.g., waterfowl hunting, bird watching, 
sightseeing, photography, camping, hiking); and,
    (5) Application of pesticides 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 by significantly modifying essential 
behavioral patterns (e.g., plowing; 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).
    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 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 10 must be 
supported by a habitat conservation plan (HCP) that identifies 
conservation measures that the permittee agrees to implement to 
conserve the species. A key element of the Service's review of an HCP 
is a determination of the plan's effect upon the long-term conservation 
of the species. The Service would approve an HCP, and issue a section 
10(a)(1)(B) permit 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.

Public Comments Solicited

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible. Therefore, 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threat (or lack thereof) to this species;
    (2) The location of any additional populations of this species and 
the reason why any habitat should or should not be determined to be 
critical habitat as provided by section 4 of the Act;
    (3) Additional information concerning the range, distribution, and 
population size of this species;
    (4) Current or planned activities in the subject area and their 
possible impacts on this species;
    (5) Information regarding Preble's meadow jumping mouse ecology and

[[Page 14101]]

habitat requirements and preferences (e.g., preferential use, daily 
routines, night activities, site fidelity);
    (6) Biological or physical elements that best describe Preble's 
habitat, that could be considered critical for the conservation of the 
species (e.g., colonies, hibernation, vegetation, food, topography);
    (7) Possible alternative recreational, grazing, or farming 
practices that will reduce or eliminate the take of Preble's or their 
habitats (e.g., moderate grazing regimes); and,
    (8) Other management strategies that will conserve the species 
throughout its range.
    Final promulgation of the regulations on this species will take 
into consideration the comments and any additional information received 
by the Service, and such communications may lead to a final regulation 
that differs from this proposal.
    The Act provides for one or more public hearings on this proposal, 
if requested. Requests must be received within 45 days of the date of 
publication of the proposal in the Federal Register. Such requests must 
be made in writing and addressed to the Colorado Field Supervisor, see 
ADDRESSES section.

National Environmental Policy Act

    The Service has determined that Environmental Assessments and 
Environmental Impact Statements, as defined under the authority of the 
National Environmental Policy Act of 1969, need not be prepared in 
connection with 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, and Transportation.

Proposed Regulation Promulgation

    Accordingly, the Service hereby proposes to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
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. It is proposed to amend Sec. 17.11(h) 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                        When     Critical   Special 
                                                               Historic range         endangered or          Status        listed    habitat     rules  
            Common name                Scientific name                                 threatened                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Mammals                                                                                                                                   
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Mouse, Preble's meadow jumping....  Zapus hudsonius        U.S.A. (CO, WY)......  ......do............  E                .........         NA         NA
                                     preblei.                                                                                                           
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: March 7, 1997.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-7428 Filed 3-24-97; 8:45 am]
BILLING CODE 4310-55-P