[Federal Register Volume 63, Number 17 (Tuesday, January 27, 1998)]
[Rules and Regulations]
[Pages 3835-3843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2011]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE59
Endangered and Threatened Wildlife and Plants; Emergency Rule To
List the San Bernardino Kangaroo Rat as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Emergency rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) exercises its
emergency authority to determine the San Bernardino kangaroo rat
(Dipodomys merriami parvus) to be an endangered species pursuant to the
Endangered Species Act of 1973, as amended (Act). This subspecies
occurs primarily in alluvial scrub habitats with appropriate vegetative
cover and substrate composition. The historic range of the San
Bernardino kangaroo rat has been reduced by approximately 96 percent
due to agricultural and urban development. All of the remaining
populations of the San Bernardino kangaroo rat are threatened by
habitat loss, degradation, and fragmentation due to sand and gravel
mining operations, flood control projects, urban development, and
vandalism. In addition, the three largest remaining populations of the
San Bernardino kangaroo rat are threatened by habitat loss resulting
from a change in the natural stream flow regime including seasonal
flooding and associated modification of plant succession patterns. The
threat of vandalism to large portions of the remaining habitat may be
imminent. Threats have been made indicating that habitat would be
destroyed if the Service attempted to list the San Bernardino kangaroo
rat. Because of the need to make protective measures afforded by the
Act immediately available to this subspecies and its habitat, the
Service finds that an emergency rule action is justified. This
emergency rule provides Federal protection pursuant to the Act for this
subspecies for a period of 240 days. A proposed rule to list the San
Bernardino kangaroo rat, requesting data and comment from the public,
is being published concurrently in this same Federal Register issue
under the proposed rule section.
DATES: This emergency rule is effective on January 27, 1998, and
expires on September 24, 1998.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at the U.S. Fish and
Wildlife Service, Carlsbad Field Office, 2730 Loker Avenue West,
Carlsbad, California 92008.
FOR FURTHER INFORMATION CONTACT: Field Supervisor, at the above address
(telephone 760/431-9440).
SUPPLEMENTARY INFORMATION:
Background
The San Bernardino kangaroo rat (Dipodomys merriami parvus) is one
of 19 recognized subspecies of Merriam's kangaroo rat (D. merriami), a
widespread species distributed throughout arid regions of the western
United States and northwestern Mexico (Hall 1981, Williams et al.
1993). In coastal southern California, D. merriami is the only species
of kangaroo rat with four toes on each of its hind feet. The San
Bernardino kangaroo rat has a body length of about 95 millimeters (mm)
(3.7 inches (in)) and a total length of 230 to 235 mm (9 to 9.3 in).
The hind foot measures less than 36 mm (1.4 in) in length. The body
color is weakly ochraceous (yellow) with a heavy overwash of dusky
brown. The tail stripes are medium to dark brown and the foot pads and
tail hairs are dark brown. The animal's flanks and cheeks are dusky
(Lidicker 1960). The San Bernardino kangaroo rat is considerably darker
and much smaller than either of the other two subspecies of Merriam's
kangaroo rat in southern California, D. merriami merriami and D.
merriami collinus. Lidicker (1960) noted that the San Bernardino
kangaroo rat is one of the most highly differentiated subspecies of D.
merriami and that ``it seems likely that it has achieved nearly species
rank.'' This differentiation is likely due to its apparent isolation
from other members of D. merriami.
The San Bernardino kangaroo rat, a member of the family
Heteromyidae, was first described by Rhoades in 1894 under the name
Dipodomys parvus from specimens collected by R.B. Herron in Reche
Canyon, San Bernardino County, California (Hall 1981). Elliot reduced
D. parvus to a subspecies of D. merriami (D. merriami parvus) in 1901.
The San Bernardino kangaroo rat appears to be separated from Merriam's
kangaroo rat (D. merriami merriami) at the northernmost extent of its
range near Cajon Pass by a 8 to 13 kilometer (km) (5 to 8 mile (mi))
gap of unsuitable habitat. The San Bernardino kangaroo rat may have in
the distant past also intergraded with D. merriami collinus to the
south in the vicinity of Menifee (Lidicker 1960, Hall 1981).
The historical range of this subspecies extends from the San
Bernardino Valley in San Bernardino County to the Menifee Valley in
Riverside County (Lidicker 1960, Hall 1981). Within this range, the San
Bernardino kangaroo rat was known from over 25 localities (McKernan
1993). From the early 1880's to the early 1930's, the San Bernardino
kangaroo rat was a common resident of the San Bernardino and San
Jacinto valleys of southern California (Lidicker 1960).
In most heteromyids, soil texture is a primary factor in
determining species' distributions (Brown and Harney 1993). San
Bernardino kangaroo rats are found primarily on sandy loam substrates,
characteristic of alluvial fans and flood plains, where they are able
to dig simple, shallow, burrows (McKernan 1997). Based on the
distribution of suitable (i.e., sandy) soils and the historical
collections of this subspecies, the historical range is thought to have
encompassed an area of approximately 128,000 hectares (ha) (320,000
acres (ac)) (Service, unpub. GIS maps, 1997). Although the entire area
of the historical range would not have been occupied due to variability
in vegetation and soils, the San Bernardino kangaroo rat was widely
distributed across this area. By the 1930's, the habitat had been
reduced to approximately 11,200 ha (28,000 ac)(McKernan 1997).
Currently, the San Bernardino kangaroo rat occupies approximately
1,299 ha (3,247 ac) of suitable habitat divided unequally among seven
locations, which are widely separated from one another (McKernan 1997).
Four of these locations (City Creek (8 ha (20 ac)), Etiwanda (2 ha (5
ac)), Reche Canyon (2 ha (5 ac)), and South Bloomington (.8 ha (2 ac))
support only small, remnant, populations. The
[[Page 3836]]
remaining three locations (the Santa Ana River (690 ha (1,725 ac)),
Lytle and Cajon washes (456 ha (1,140 ac)), and San Jacinto River (140
ha (350 ac)) contain the largest extant concentrations of kangaroo rats
and blocks of suitable habitat.
The three largest remaining blocks of occupied habitat (i.e., Santa
Ana River, Lytle/Cajon creeks, and San Jacinto River) (1,286 ha (3,215
ac)) are distributed across a mosaic of approximately 5,479 ha (13,697
ac) of typically suitable, alluvial soils, which are dominated by sage
scrub and chaparral. Virtually all remaining vegetative associations
(except about 1,286 ha (3,215 ac)) are more mature than the open, early
successional habitat structure required by the San Bernardino kangaroo
rat. Existing and proposed hydrological modifications eliminate habitat
renewal and obstruct population recovery over these highly fragmented
wash habitats (Hanes et al. 1989, McKernan 1997). Thus, the residual 4
percent of historical habitat (5,479 ha (13,697 ac)), supports only
about 1,286 ha (3,215 ac), that are ever likely to provide habitat,
absent habitat renewal through large-scale flood or intensive
management intervention. It is estimated that 400 ha (1,000 ac) are
likely to support suitable habitat in the future, considering that 54
percent of remaining flood plain habitats are proposed for development
in the foreseeable future.
Currently, the San Bernardino kangaroo rat is found primarily
associated with a variety of sage scrub vegetation, where the common
element is the presence of sandy soils (McKernan 1997). Where the San
Bernardino kangaroo rat occurs in alluvial scrub, the subspecies
reaches its highest densities in early and intermediate seral stages
(McKernan 1997). Alluvial scrub includes elements from chaparral,
coastal sage, and desert communities. Three successional phases of
alluvial scrub have been described: pioneer, intermediate, and mature
alluvial scrub, depending on elevation and distance from the main
channels, and the time since previous flooding (Smith 1980, Hanes et
al. 1989). Vegetative cover generally increases with distance from the
active stream channel. The pioneer, or youngest phase, is subject to
frequent disturbance, and vegetation is usually disturbed by annual
floods (Smith 1980, Hanes et al. 1989). The intermediate phase, defined
as the area between the active channel and mature terraces, is subject
to periodic flooding at longer intervals. The vegetation on
intermediate terraces is relatively open, and supports the highest
densities of the San Bernardino kangaroo rat. The mature phase is
rarely affected by flooding and supports the highest plant cover (Smith
1980). These flood events break out of the main river channel randomly,
resulting in a braided appearance to the floodplain. This dynamic
nature to the habitat leads to a situation where not all the alluvial
scrub habitat is suitable for the kangaroo rat at any point in time.
The San Bernardino kangaroo rat, like other subspecies of Merriam's
kangaroo rat, prefers open habitats characterized by low shrub canopy
cover (mostly 7 to 22 percent) and rarely occurs in dense vegetation
(McKernan 1997). The older seral stages of the floodplain often are not
suitable for this subspecies.
The range of the San Bernardino kangaroo rat is partially
overlapped by the distribution of the Stephens' kangaroo rat (Dipodomys
stephensi) and is entirely overlapped by the range of the Pacific
kangaroo rat (D. simulans). Where these species occur in proximity,
they are usually concentrated in different areas. The Stephens'
kangaroo rat typically is associated with open, arid, grassland
associations (Lackey 1967, O'Farrell et al. 1986, O'Farrell and Uptain
1987, O'Farrell 1990), and occurs on a variety of soil types. The
Pacific kangaroo rat typically inhabits denser shrub cover on a variety
of soil types. All three of these species can be identified from one
another based on morphological characters.
Home ranges for the Merriam's kangaroo rat average 0.33 hectares
(ha) (0.8 ac) for males and 0.31 ha (0.8 ac) for females (Behrends et
al. 1986). Long sallies (bursting movements) of 100 meters (m) (328
feet (ft)) or more beyond these ranges are not uncommon. Although
outlying areas of their home ranges may overlap, adults actively defend
small core areas near their burrows (Jones 1993). Home range overlap
between males and between males and females is extensive, but female-
female overlap is slight (Jones 1993).
McKernan (1993) has found pregnant San Bernardino kangaroo rat
females from February through October, and immatures from April through
September. Some females may produce more than one litter per year.
Litter size averages between 2 and 3 young (Eisenberg 1993).
Similar to other kangaroo rats, the San Bernardino kangaroo rat is
primarily granivorous and often stores large quantities of seeds in
surface caches (Reichman and Price 1993). Green vegetation and insects
are also important seasonal food sources. Insects, when available, have
been documented to constitute as much as 50 percent of a kangaroo rat's
diet (Reichman and Price 1993). Females are known to increase ingestion
of foods with higher water content during lactation, presumably to
compensate for the increased water loss associated with milk production
(Reichman and Price 1993). Dipodomys merriami is known for its ability
to live indefinitely without water on a diet consisting entirely of dry
seeds (Reichman and Price 1993).
Previous Federal Action
The San Bernardino kangaroo rat was designated by the Service as a
category 2 candidate species for Federal listing as endangered or
threatened in 1991 (56 FR 58804). Category 2 comprised taxa for which
information in the possession of the Service indicated that proposing
to list as endangered or threatened was possibly appropriate, but for
which conclusive data on biological vulnerability and threat(s) were
not available to support a proposed rule. Based on a review of status
and distribution of the San Bernardino kangaroo rat, the subspecies was
upgraded to a category 1 candidate for listing in 1994 (59 FR 58982).
Category 1 candidate species were those where the Service had
sufficient information on biological vulnerability and threat(s) to
support proposals to list them as endangered or threatened species.
Upon publication of the February 28, 1996, notice of review (61 FR
7596), the Service ceased using category designations and included the
San Bernardino kangaroo rat as a candidate species. The San Bernardino
kangaroo rat was retained as a candidate species in the September 19,
1997, notice of review (62 FR 49401).
The processing of this proposed rule conforms with the Service's
final listing priority guidance published in the Federal Register on
December 5, 1996 (61 FR 64475) and extended on October 23, 1997 (62 FR
55268). The guidance clarifies the order in which the Service will
process rulemakings. The guidance calls for giving highest priority to
handling emergency situations (Tier 1), second highest priority (Tier
2) to resolving the listing status of the outstanding proposed
listings, third priority (Tier 3) to new proposals to add species to
the list of threatened and endangered plants and animals and fourth
priority (Tier 4) to designating critical habitat and processing
delistings and reclassifications. This emergency rule constitutes a
Tier 1 action.
[[Page 3837]]
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 Federal lists. A species may be determined to be
an endangered or threatened species due to one or more of the five
factors described in Section 4(a)(1) of the Act. These factors and
their application to the San Bernardino kangaroo rat (Dipodomys
merriami parvus) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
All occupied habitat of the subspecies, which encompasses
approximately 1,300 ha (3,250 ac), is threatened by the direct and
indirect effects of sand and gravel mining, highway construction, flood
control operations, urban and industrial development, water
conservation activities, and vandalism (McKernan 1997, Service unpub.
GIS maps 1997).
Loss and fragmentation of San Bernardino kangaroo rat habitat is
expected to continue as southern California's human population expands.
In the 1950's, the population of Riverside and San Bernardino counties
combined was about 400,000. Over 2.5 million people reside in this
region, and by the year 2000, the human population of San Bernardino
and Riverside counties is expected to increase to nearly 4 million
(California Department of Finance 1993). Further habitat losses
resulting from development or alteration of the landscape will likely
have a significant adverse effect on the viability of remaining San
Bernardino kangaroo rat populations. Additionally, habitat loss from
intentional destruction of San Bernardino kangaroo rat habitat has been
threatened if the species were to be listed.
Santa Ana River
The largest remaining population of the San Bernardino kangaroo rat
occurs along the Santa Ana River. The flood plain terrace habitat
encompasses about 1,637 ha (4,092 ac), of which approximately 690 ha
(1,725 ac) are occupied by the San Bernardino kangaroo rat (McKernan
1997). The occupied habitat extends more or less continuously from the
vicinity of Norton Air Force Base to the Greenspot Road Bridge north of
Mentone (Service unpub. GIS maps 1997, McKernan 1997). Approximately 66
percent of flood plain terrace habitat is directly at risk due to the
combined activities of the Army Corps of Engineers, United States
Bureau of Land Management (BLM), San Bernardino Valley Water
Conservation District, San Bernardino County Flood Control District,
and two private sand mining operations (Service unpub. GIS maps 1997).
At least 80 percent of the remaining occupied habitat along the
Santa Ana River is indirectly at risk because of the projected changes
in hydrology due to Seven Oaks Dam (Service unpub. GIS maps 1997) being
constructed by the Army Corps of Engineers (U.S. Army Corps of
Engineers 1988). An indirect effect of operation of the Seven Oaks Dam
will be the long-term succession of various stages of alluvial scrub,
including much of a 775-acre mitigation area, into even aged stands of
habitat scrub through time due to a reduction in scouring and
deposition of fresh sands by floods. Curtailed hydrologic disturbance,
where soil moisture is adequate, will allow shrub densities that exceed
the low to moderate densities tolerated by the subspecies to develop
(Hanes et al. 1989, McKernan 1997).
Past and ongoing activities of the San Bernardino County Flood
Control District pose a threat to approximately 400 ha (1,000 ac) of
alluvial scrub habitat in this area. Based on the distribution of soils
and vegetative cover, approximately 176 ha (440 ac) of this area is
occupied by the San Bernardino kangaroo rat (Service unpub. GIS maps
1997). Activities that impact this subspecies and its habitat include
the construction of levees and sediment removal. The area at risk due
to these activities supports approximately 25 percent of the population
along the Santa Ana River (Service unpub. GIS maps 1997, McKernan
1997).
The BLM and San Bernardino Valley Water Conservation District lands
are managed, in part, for the development or operation of water
spreading basins for groundwater recharge. Although the San Bernardino
kangaroo rat can occupy portions of areas modified by spreading basins,
the flooded area is essentially lost to this animal due to the periodic
presence of standing water and the degradation of habitat. Based on the
distribution of soils and vegetative cover, approximately 140 ha (350
ac) of this area is occupied by the San Bernardino kangaroo rat
(Service unpub. GIS maps 1997). The area affected by spreading basins
represents approximately 20 percent of the population along the Santa
Ana River (Service unpub. GIS maps 1997, McKernan 1997). The San
Bernardino Valley Water Conservation District and BLM are coordinating
with the Service and others to develop a regional conservation plan
that attempts to reconcile conflicts among competing land uses,
including the conservation of the San Bernardino kangaroo rat. However,
this conservation plan has not been finalized and is not currently in
effect. Though 371 ha (927 ac) of BLM land potentially are available
for water percolation ponds, no ponds have been constructed recently.
Sand and gravel mining poses a significant and imminent threat to
the San Bernardino kangaroo rat. Two sand mining operations
collectively threaten approximately 552 ha (1,381 ac) of alluvial scrub
habitat in this area (Lilburn 1997a and 1997b, P&D Technologies 1988,
Service unpub. GIS maps 1997). Based on the distribution of soils and
vegetative cover, a minimum of 150 ha (375 ac) of approved and proposed
project areas is occupied by the San Bernardino kangaroo rat (Service
unpub. GIS maps 1997). The area affected by sand mining represents
approximately 22 percent of the population along the Santa Ana River
(Service unpub. GIS maps 1997, McKernan 1997).
One proposed sand and gravel mining expansion is expected to
receive certification under the California Environmental Quality Act
(CEQA) in the next 2-4 months. A grading permit would be issued shortly
thereafter. This project would further fragment habitat. In addition,
this operator has repeatedly and publicly threatened to destroy habitat
if the Service proposes to list the kangaroo rat.
Additional impacts will occur due to a large pipeline project (P&D
Technologies 1992). Approximately 60 ha (150 ac) of alluvial scrub in
the Santa Ana River will be impacted by this project. Based on the
distribution of soils and vegetative cover, a minimum of 24 ha (60 ac)
of this project area is occupied by the San Bernardino kangaroo rat
(Service unpub. GIS maps 1997). This project has been reviewed and
certified under the CEQA and, therefore, poses an imminent threat. The
area directly threatened by this pipeline project represents 3 percent
of the Santa Ana River population. The indirect effects of this project
include further fragmentation of kangaroo rat habitat.
Other activities that threaten the San Bernardino kangaroo rat in
this region include the closure of Norton Air Force Base (San
Bernardino County) and the proposed development of this site into the
San Bernardino International Airport (U.S. Department of the Air Force
1993). Habitat for the San Bernardino kangaroo rat on Norton Air Force
Base will be reduced by
[[Page 3838]]
approximately 2 to 5 percent (Conservation Management Plan 1997).
Lytle and Cajon Creeks
The second largest remaining population of the San Bernardino
kangaroo rat occurs along Lytle and Cajon creeks, from near Interstate
15 downstream on both drainages for approximately 8 km (5 mi) (McKernan
1997). This area contains approximately 2,688 ha (6,722 ac) of alluvial
scrub habitat, of which approximately 456 ha (1,140 ac) are occupied.
Of the alluvial scrub habitat, approximately 47 percent is directly
threatened by the combined activities associated with sand mining
operations, State Route 30, San Bernardino County Flood Control
District, and urban development (e.g., The Villages at Lytle Creek)
(Service unpub. GIS maps 1997). Based on an evaluation of soils and
vegetative cover, a minimum of 34 percent of the occupied habitat in
this area is threatened due to the combined effects of these activities
(Service unpub. GIS maps 1997).
The joint draft environmental impact report for The Villages at
Lytle Creek and a sand mining operation (T&B Planning Consultants 1996)
describe some of the threats facing the San Bernardino kangaroo rat in
this area. The proposed urban community, The Villages at Lytle Creek,
will remove approximately 728 ha (1,821 ac) of alluvial scrub habitat
(Michael Brandman Associates 1994, T&B Planning Consultants 1996).
Based on the distribution of soils and vegetative cover, at least 132
ha (330 ac) of this project area is occupied by the San Bernardino
kangaroo rat (Service unpub. GIS maps 1997). In addition to the upland
development, the document discloses the proposed channelization of a
portion of Lytle Creek. The area affected by The Villages at Lytle
Creek represents approximately 29 percent of the remaining occupied
habitat of the Lytle/Cajon population.
Proposed improvements to State Route 30 also threaten the San
Bernardino kangaroo rat in the Lytle and Cajon Creek area.
Approximately 2.8 ha (7 ac) of habitat will be directly removed due to
this project (San Bernardino Association of Governments 1996). Based on
the distribution of soils and vegetative cover, all of the project area
in this area (i.e., 2.8 ha (7 ac)) is occupied by the San Bernardino
kangaroo rat (Service unpub. GIS maps 1997). The area affected by State
Route 30 represents approximately 0.1 percent of the occupied habitat
in this area.
San Bernardino County Flood Control District (District) constructed
a levee and parking lot for Glen Helen Regional Park. The construction
of the levee continues to impact approximately 22 ha (55 ac) of habitat
by precluding scouring events and the reestablishment of alluvial scrub
vegetation. Given the attributes of the area, the entire site was
likely occupied by the San Bernardino kangaroo rat prior to
construction of the levee. The levee also threatens habitat occupied by
the San Bernardino kangaroo rat on the opposite side of the Cajon Creek
due to the alteration in the hydrological system. The levee likely will
divert flood flows into the opposite bank and cause erosion of the
Calmat conservation bank, which was established to help conserve listed
and sensitive species in the area. The total amount of occupied habitat
anticipated to be lost is, at a minimum, approximately 44 ha (110 ac)
(Service unpub. GIS maps 1997). The area affected by flood control
activities equates to approximately 10 percent of the occupied habitat
in this area.
San Jacinto River
The third largest remaining population of San Bernardino kangaroo
rat occurs in Riverside County. Here, the vast majority of alluvial
floodplain has been impacted by flood control activities, agricultural
and urban development, and sand and gravel mining in this area.
Approximately 295 ha (737 ac) of alluvial scrub remains in this area
and approximately 140 ha (350 ac) is occupied along the San Jacinto
River.
Flood control activities that impact this species include grading
of occupied habitat. Evidence of extensive grading exists throughout
the remaining alluvial scrub vegetation within the flood control berms
along the San Jacinto River in the vicinity of the City of San Jacinto
(Arthur Davenport, Service, pers. obs. 1995). Flood control structures
that impact this species include concrete channels and flood confining
berms. The construction of a concrete channel appears to have isolated
a small population of San Bernardino kangaroo rat located along
Bautista Creek from the rest of the population along the San Jacinto
River. The construction of berms too far into the flood plain is
detrimental to the San Bernardino kangaroo rat in that the construction
of the berms causes a loss of habitat by increasing the severity of
scouring and land erosion.
Continuing, intermittent, agricultural activities, such as dry-land
farming along the edges of the San Jacinto River in the vicinity of
Hemet and the City of San Jacinto, also impact the San Bernardino
kangaroo rat. Patches of suitable and occupied habitat occurring
outside the flood control berms are occasionally disced due to
agricultural activities (Arthur Davenport, pers. obs. 1995). Discing
adversely affects the subspecies by destroying its burrows and habitat.
Urban and commercial development into the flood plain of the San
Jacinto River continues to threaten the San Bernardino kangaroo rat.
Although flood control berms have been in place for years, suitable and
occupied habitat occurs outside the berms. Though degraded due to
agricultural activities, occupied habitat outside the berms is critical
to the maintenance of the species along the San Jacinto River because
it provides a source population for recolonization of habitat within
the berms following flood events.
The San Bernardino kangaroo rat is also impacted by the maintenance
and expansion of spreading basins within its habitat. Maintenance of
spreading basins results in the destruction of habitat and San
Bernardino kangaroo rats that occur along the margins (Arthur
Davenport, pers. obs. 1995). Similarly, the expansion of spreading
basins results in a direct loss of suitable and occupied habitat.
Eastern Municipal Water District has proposed ``reconstructing''
previously authorized groundwater recharge facilities in the San
Jacinto River (U.S. Army Corps of Engineers 1997), including a new
location for the recharge area. This project encompasses approximately
2.6 ha (6.5 ac) of alluvial scrub, and impacts approximately 2 percent
of occupied habitat in the area (140 ha (350 ac)).
Both sand and gravel mining threaten the San Bernardino kangaroo
rat in the San Jacinto River area. The operations of sand mining
continue to impact occupied habitat. One mine site consists of 100 ha
(250 ac) and occurs entirely in the flood plain of the San Jacinto
River (Army Corps of Engineers 1996, Pre-discharge Notification 96-
00397-RRS). Based on the distribution of soils and vegetative cover, a
minimum of 40 ha (100 ac) of the project site is occupied by the San
Bernardino kangaroo rat. Sand mining affects approximately 28 percent
of the occupied habitat in the San Jacinto River area.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes.
This factor is not known to be applicable.
C. Disease or Predation.
Disease is not known to be affecting the San Bernardino kangaroo
rat at this
[[Page 3839]]
time. However, fragmentation of habitat is likely to promote higher
levels of predation by urban-associated animals (e.g., domestic cats)
as the interface between natural habitat and urban areas is increased
(Churcher and Lawton 1987). Domestic cats are known to be predators of
native rodents (Hubbs 1951, George 1974), and predation by cats has
been documented for the San Bernardino kangaroo rat (McKernan, pers.
comm., 1994).
D. The Inadequacy of Existing Regulatory Mechanisms
The decline of the San Bernardino kangaroo rat is partially due to
the inherent weakness of the existing laws and regulations that could
serve to protect the animal and its habitat. Existing regulatory
mechanisms that may provide some protection for the San Bernardino
kangaroo rat include: (1) The CEQA and National Environmental Policy
Act (NEPA); (2) the California Natural Community Conservation Planning
Program; (3) the Surface Mining and Reclamation Act (SMCRA); (4) the
Act in those cases where the San Bernardino kangaroo rat occurs in
habitat occupied by other listed species; (5) the California Endangered
Species Act (CESA); (6) conservation provisions under the Federal Clean
Water Act; (7) land acquisition and management by Federal, State, or
local agencies or by private groups and organizations; and (8) local
laws and regulations. Many of these have limited protection authority
since the San Bernardino kangaroo rat is not federally listed.
The majority of the known populations of the San Bernardino
kangaroo rat occur on privately owned land. Local lead agencies
responsible under CEQA and NEPA have made determinations that have, or
would, adversely affect this taxon and its habitat. Examples of
projects that have been completed or are currently undergoing the
review process under CEQA and/or NEPA and will impact this species
include Seven Oaks Dam, State Route 30 Improvement Project,
Metropolitan Water District Inland Feeder Pipeline, Calmat Company,
Sunwest Materials, Robertson's Ready Mix, San Jacinto Aggregates, and
The Villages at Lytle Creek. Past, present, and proposed mitigation for
impacts to this species and its habitat have been inadequate to stop or
reverse its decline. CEQA decisions are also subject to over-riding
social and economic considerations.
In 1991, the State of California established a Natural Community
Conservation Planning Program (NCCP) to address conservation needs
throughout the State. The initial focus of the program is the coastal
sage scrub community. Within this program, the California Department of
Fish and Game (CDFG) included the long-term conservation of alluvial
scrub, which is in part occupied by the San Bernardino kangaroo rat.
However, participation in NCCP is voluntary. San Bernardino and
Riverside counties have signed planning agreements (Memoranda of
Understanding (MOUs)) to develop multispecies plans that meet NCCP
criteria, but have not enrolled in the NCCP program during the interim.
The MOUs do not provide protection to candidate species during the
planning process.
Reclamation of mined areas in the State of California is required
under the Surface Mining and Reclamation Act (SMCRA). The County of San
Bernardino also requires that mining companies submit a reclamation
plan for County approval. The primary purpose of these ordinances is to
provide for erosion control measures and to restore slopes to a
moderate slope. However, reclamation is not likely to resolve the
problem of maintaining or mitigating for the loss of species or
ecosystem functions in a biologically meaningful way because of change
in topography and altered hydrology. The feasibility of artificially
creating a viable alluvial scrub plant community suitable for the San
Bernardino kangaroo rat has not yet been demonstrated.
The BLM designated an Area of Critical Environmental Concern (ACEC)
in the Santa Ana River in 1994. The ACEC is composed of three parcels
of land that total 304 hectares (760 acres). The purpose of the ACEC is
to protect and enhance the habitat of federally listed plant species
occurring in the area, such as Santa Ana River wooly-star (Eriastrum
densifolium ssp. sanctorum), and sensitive species such as the San
Bernardino kangaroo rat, while providing for the administration of
existing valid rights (BLM 1996). Although the establishment of the
ACEC is important in regard to conservation of sensitive habitats and
species in this area, the administration of valid existing rights
conflicts with BLM's conservation abilities in this area. Existing
rights include a withdrawal of Federal lands in this area for water
conservation through an act of Congress, February 20, 1909 (Public, No.
248). The entire ACEC is included in this withdrawn land and may be
available for water conservation measures such as the construction of
percolation basins, subject to compliance with the Act.
The San Bernardino kangaroo rat is not protected under the CESA.
The Federal and State Acts together can afford some measure of
protection to the San Bernardino kangaroo rat in those areas where the
species coexists with other species already listed as threatened or
endangered. Eriastrum densifolium ssp. sanctorum (Santa Ana River
woolly star) and Dodecahema leptoceras (slender-horned spineflower) are
listed as endangered under the Act and the CESA, and the coastal
California gnatcatcher (Polioptila californica californica) is listed
as threatened under the Act. All three species can occur in habitats
similar to those preferred by the San Bernardino kangaroo rat. However,
the distribution of D. leptoceras and E. densifolium ssp. sanctorum is
spotty and discontinuous, and only overlaps with a small portion of the
habitat occupied by the San Bernardino kangaroo rat. The coastal
California gnatcatcher, although known to occur within alluvial scrub
habitat, has largely been extirpated from San Bernardino County within
the range of the San Bernardino kangaroo rat and, therefore, occurrence
with the listed species provides little ancillary protection. In
Riverside County, coastal California gnatcatchers are not currently
known to occur at any sites occupied by the San Bernardino kangaroo
rat.
The San Bernardino kangaroo rat could potentially be affected by
projects requiring a permit from the Army Corps of Engineers (Corps)
under section 404 of the Clean Water Act. Although the objective of the
Clean Water Act is to ``restore and maintain the chemical, physical,
and biological integrity of the Nation's waters'' (Pub. L. 92-500), no
specific provisions exist that adequately address the need to conserve
candidate species. A majority of the remaining populations occur
outside areas delineated as waters of the United States and, therefore,
are not regulated. Moreover, numerous activities for which the Corps
potentially has jurisdiction, including sand and gravel mining and
flood control projects, have proceeded without their overview (see
Factor A).
As a result of Fish and Wildlife Coordination Act activities, the
Corps, in 1988, initiated a section 7 consultation on Eriastrum
densifolium ssp. sanctorum for the proposed Seven Oaks Dam project on
the Santa Ana River. About 310 ha (775 ac) of alluvial scrub habitat
has been designated for preservation as mitigation for impacts to
Eriastrum densifolium ssp. sanctorum resulting from the construction of
the dam. Approximately 80 ha (200 ac) of this appears to be currently
suitable for
[[Page 3840]]
the San Bernardino kangaroo rat (Service unpub. GIS maps 1997).
However, the preserved area represents less than 7 percent of the
alluvial scrub found in the entire Santa Ana River basin and
approximately 12 percent of the basin habitat occupied by the San
Bernardino kangaroo rat. Thus, the mitigation preserve, while providing
some benefit, is likely not adequate to conserve the subspecies.
Local and county zoning designations are subject to change and do
not specifically address the conservation and management needs of the
San Bernardino kangaroo rat. However, numerous jurisdictions in western
Riverside and San Bernardino counties are beginning a multi-species
habitat conservation planning process, including coastal sage scrub-
associated species and benefit to the kangaroo rat may result.
Commitments for funding and implementation of the strategy and
appropriate changes in land-use regulations to protect potential
preserves during the planning process have not been made.
The Riverside County Habitat Conservation Agency is implementing an
approved habitat conservation plan for the federally endangered
Stephens' kangaroo rat that involves the establishment of permanent
preserves in western Riverside County (Riverside County Habitat
Conservation Agency 1996). Because the San Bernardino kangaroo rat
occupies a largely different habitat type than that of the Stephens'
kangaroo rat, the conservation plan for the Stephens' kangaroo rat will
not benefit the San Bernardino kangaroo rat. Despite extensive surveys,
no current records of San Bernardino kangaroo rats occur within any of
the reserves established for Stephens' kangaroo rat (A. Davenport,
pers. comm. 1997).
E. Other Natural or Manmade Factors Affecting Its Continued Existence.
Habitat for the San Bernardino kangaroo rat has been severely
reduced and fragmented by development and related activities in the San
Bernardino and San Jacinto Valleys. Habitat fragmentation results in
loss of habitat, reduced habitat patch size, and an increasing distance
between patches of habitat. As discussed by Andren (1994) regarding
highly fragmented landscapes, reduced habitat patch size and isolation
will exacerbate the effect of habitat loss on a species' persistence.
That is, the loss of species, or decline in population size, will be
greater than expected from habitat loss alone. The loss of native
vertebrates, including rodents, due to habitat fragmentation is well
documented (Soule et al. 1992, Andren 1994, Bolger et al. 1997).
Isolated populations are subject to extirpation by manmade or
natural events, such as floods and drought. Furthermore, small
populations may experience a loss of genetic variability and experience
inbreeding depression (Lacy 1997). Contributing to the fragmentation of
San Bernardino kangaroo rat habitat are railroad tracks, roads, and
flood control channels. These structures appear to function as movement
barriers to the San Bernardino kangaroo rat, preventing movement
between areas of suitable habitat.
All remaining population segments are at risk due to their small
size and isolation. This is especially true for the four smallest
populations (i.e., City Creek, Reche Canyon, Etiwanda, and South
Bloomington). Urbanization exists throughout most of the San Bernardino
kangaroo rat's range and the remaining larger blocks of occupied
habitat (i.e., Santa Ana River, Lytle/Cajon, and San Jacinto River) now
function independently of each other. This isolation of occupied
patches places the entire population of San Bernardino kangaroo rat at
risk because recolonization of suitable habitat following local
extirpation has been precluded. The extirpation of populations from
local catastrophes, such as flooding, is becoming more probable as
urban development further constricts the remaining populations to the
active portion of the flood plain. The largest remaining populations
are now restricted entirely to flood plain habitats and vulnerable to
extirpation by naturally occurring events.
Flood control structures alter both the magnitude and distribution
of flooding. In the absence of flood scouring, sediments and organic
matter accumulate over time, contributing to senescence of the alluvial
scrub community and its conversion to coastal sage scrub or chaparral
(Smith 1980, Wheeler 1991, Jigour and McKernan 1992). The dense canopy
of these communities does not provide the open environment required by
San Bernardino kangaroo rat, thereby reducing the habitat suitability
for the species (Beatley 1976, McKernan 1997). Within the active
channels, the confined flood events scour too frequently to maintain
suitable San Bernardino kangaroo rat habitat.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this subspecies in developing this rule. Based
on this evaluation, the Service finds that the emergency action is to
list the San Bernardino kangaroo rat as endangered. This taxon is
endangered by one or more of the following factors: Habitat
destruction, degradation, and fragmentation resulting from sand and
gravel mining, flood control projects, urban development, vandalism,
and inadequate regulatory mechanisms. Because of these factors, the San
Bernardino kangaroo rat is in imminent danger of extinction throughout
all or a significant portion of its range. Threatened status does not
appear appropriate considering the extent of decline of the populations
of this taxon and the vulnerability of those populations remaining.
Reasons for Emergency Determination
Under section 4(b)(7) of the Act and 50 CFR 424.20, the Secretary
may determine a species to be endangered or threatened by an emergency
rule that shall cease 240 days following publication in the Federal
Register. The reasons why this rule is necessary are discussed below.
If at any time after this rule has been published the Secretary
determines that substantial evidence does not exist to warrant such a
rule, it shall be withdrawn.
As discussed under Factor A, of the seven remaining populations,
only three are of relatively large (viable) size. Much of the remaining
habitat for the San Bernardino kangaroo rat is potentially threatened
by vandalism as well as construction of approved projects. Threats of
vandalism to San Bernardino kangaroo rat habitat have been made.
Intentional herbicide application and grading were mentioned as
possible ways to eliminate suitable habitat. Along the Santa Ana River,
at least 80 percent of the remaining occupied habitat is indirectly at
risk because of the projected changes in hydrology due to Seven Oaks
Dam. Approximately 25 percent of the population along the Santa Ana
River is further threatened by levee construction and maintenance and
sediment removal activities of the San Bernardino County Flood Control
District. About 20 percent of the habitat is managed, in part, for
operation of water spreading basins. Finally, two proposed sand mining
operations collectively threaten approximately 22 percent of the
population along the Santa Ana River. These proposed sand and gravel
mining expansions are expected to receive certification under the CEQA
in 2-4 months. A grading permit would be issued shortly thereafter. The
projects and sand and gravel mining operations also have the effect of
fragmenting the habitat, further reducing the security of this species.
[[Page 3841]]
Along Lytle Creek and Cajon Wash, a minimum of 34 percent of the
occupied habitat in this area is threatened due to the combined effects
of sand and gravel mining, flood control activities, and the proposed
development of The Villages at Lytle Creek. At least 28 percent of the
occupied habitat in the San Jacinto River area is threatened by urban
development, flood control activities, agricultural activities or sand
and gravel mining.
Attempts to work with stakeholders have met with little success.
When advised of the sensitivity of alluvial scrub habitats in the San
Bernardino region in 1992, one local official threatened to destroy
existing habitat areas by aerial herbicide application (Edna Rey,
Service, pers. comm., 1997). Finally, the Service has been informed
that an area of approximately 1,440 ha (3,560 ac) (approximately 26
percent) of the total remaining alluvial scrub habitat may be at risk
of vandalism. Statements have been made advising the Service repeatedly
that an attempt to list the San Bernardino kangaroo rat would elicit
preemptive grading to protect corporate assets (Pete Sorensen, Service,
pers. comm. 1996).
An emergency posing a significant risk to the well-being and
continued survival of the San Bernardino kangaroo rat exists as the
result of the immediate threat of destruction of a significant portion
of the subspecies' remaining habitat by sand and gravel mining
activities. For these reasons, the Service finds that the San
Bernardino kangaroo rat is in imminent danger of extinction throughout
all or a significant portion of its range and warrants immediate
protection under the Act.
Critical Habitat
Critical habitat is defined in section 3(5)(A) of the Act as: (i)
the specific areas within the geographical area occupied by a 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
consideration or protection and; (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. ``Conservation'' means the use of all methods and
procedures needed to bring the species to the point at which listing
under the Act is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
a species is designated to be endangered or threatened. The Service
finds that designation of critical habitat is not prudent for the San
Bernardino kangaroo rat. The Service's 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.
Critical habitat designation for the San Bernardino kangaroo rat is
not prudent because an increase in the degree of threat to the species
is expected. This subspecies is found in fragmented habitat composed of
various sage scrub shrub vegetation in the presence of sandy soils. The
designation of critical habitat, including the required publication of
maps providing precise locations, would bring unnecessary attention to
those areas of the range that are occupied by this kangaroo rat and
encourage acts of vandalism or intentional destruction of habitat. This
attention would likely lead to an increase in activities (such as
discing or blading) by landowners who do not want listed species on
their property (see Factor A, above). Therefore, given the limited/
habitat specific distribution of the San Bernardino kangaroo rat, and
the possibility that a significant portion of the species' remaining
habitat could be rapidly vandalized and destroyed, the Service
concludes that it is not prudent to designate critical habitat for that
reason alone.
The designation of critical habitat is also not prudent due to an
expected lack of benefit to the species. Although a majority of San
Bernardino kangaroo rat habitat occurs on privately owned lands, many
activities that pose threats to the continued existence of this
subspecies are funded, permitted, or carried out by Federal agencies
(e.g., section 404 of the Clean Water Act, flood control, impoundment,
and other stream and wetland modification projects). Section 7 of the
Act requires that Federal agencies refrain from contributing to the
destruction or adverse modification of critical habitat in any action
authorized, funded or carried out by such agency. This requirement is
in addition to the section 7 prohibition against jeopardizing the
continued existence of a listed species, and it is the only mandatory
legal consequence of a critical habitat designation. Any action that
would adversely modify San Bernardino kangaroo rat critical habitat
would likely jeopardize the continued existence of the subspecies
because the biological threshold for either determination would be the
same. Thus, if the San Bernardino kangaroo rat is listed, activities
occurring on all lands under Federal jurisdiction or ownership that may
adversely affect the San Bernardino kangaroo rat would prompt the
requirement for consultation pursuant to section 7(a)(2) of the Act and
the implementing regulations pertaining thereto, regardless of whether
critical habitat has been designated. Furthermore, the designation of
critical habitat would have no regulatory effect on activities that are
not subject to a Federal nexus.
The Service acknowledges that critical habitat designation, in some
situations, may provide some value to the species by identifying areas
important for species conservation and calling attention to those areas
in special need of protection. Critical habitat designation of
unoccupied habitat may also benefit this subspecies by alerting Federal
action agencies to potential sites for reintroduction and allow them to
evaluate proposals that may affect these areas. However, in this the
case, any benefit provided by designation of critical habitat for the
San Bernardino kangaroo rat would be accomplished more effectively
through the recovery process and the jeopardy prohibition of section 7.
Designating critical habitat for this kangaroo rat would not address
vegetation seral stage management or control urban development, all of
which need to be addressed in the recovery of this subspecies.
Accordingly, the Service concludes that designation of critical
habitat would not be beneficial to the species and could increase the
degree of threat from taking. Therefore, designation of critical
habitat for the San Bernardino kangaroo rat is not prudent at this
time.
The Service will continue in its efforts to obtain more information
on the San Bernardino kangaroo rat biology and ecology, including
essential habitat characteristics particularly in regard to stream flow
regimes, current and historical distribution, and existing and
potential sites that can contribute to conservation of the species. The
information resulting from this effort will be used to identify
measures needed to achieve conservation of the species, as defined
under the Act. Such measures could include, but are not
[[Page 3842]]
limited to, development of conservation agreements with the State,
other Federal agencies, local governments, private landowners and
organizations.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain activities. Recognition through listing encourages and
results in conservation actions by Federal, State, and private
agencies, groups, and individuals. The Act provides for possible land
acquisition and 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 certain activities
involving listed plants and animals are discussed, in part, below.
Section 7(a) of the Act, as amended, 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) of the Act requires Federal agencies to
confer informally 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 subsequently listed, section 7(a)(2) requires Federal
agencies to ensure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of such a species
or to 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.
Federal agencies expected to have involvement with the San
Bernardino kangaroo rat or its habitat include the Corps and the
Environmental Protection Agency due to their permit authority under
section 404 of the Clean Water Act. The Federal Aviation Administration
has jurisdiction over areas with potentially suitable San Bernardino
kangaroo rat habitat in the vicinity of Redlands Municipal Airport and
Norton Air Force Base in San Bernardino County. The Federal Highway
Administration will likely be involved through potential funding of
highway construction projects near Devore, Rancho Cucamonga, Rialto,
and San Bernardino (San Bernardino County). Because the San Bernardino
kangaroo rat occurs on Norton Air Force Base (San Bernardino County),
the base will likely be involved through the transfer of Federal lands
to a non-Federal entity and the conversion of this area to a civilian
airport. The BLM has jurisdiction over a portion of the habitat
occupied by the San Bernardino kangaroo rat along the Santa Ana River.
The Forest Service will likely be involved because populations of the
San Bernardino kangaroo rat occur within or near the boundaries of the
Cleveland National Forest and San Bernardino National Forest. The
Bureau of Reclamation may be involved through the potential funding of
water reclamation and flood control projects. The Bureau of Indian
Affairs may be involved with this taxon at Soboba Indian Reservation
(Riverside County). The Federal Housing Administration could
potentially be involved through loans for housing projects in the
region. The Federal Energy Regulatory Commission could be involved in
projects affecting existing or proposed transmission lines in the Santa
Ana River or Etiwanda Creek areas.
The Act and implementing regulations found at 50 CFR 17.21 set
forth a series of general trade prohibitions and exceptions that apply
to all endangered wildlife. These prohibitions, in part, make it
illegal for any person subject to the jurisdiction of the United States
to take (includes harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, collect, or to attempt any of these), import or export, ship
in interstate commerce in the course of commercial activity, or sell or
offer for sale in interstate or foreign commerce any listed species. It
also is illegal to possess, sell, deliver, carry, transport, or ship
any such wildlife that has been taken illegally. Certain exceptions
apply to agents of the Service and State conservation agencies.
Permits may be issued to carry out otherwise prohibited activities
involving endangered and threatened wildlife under certain
circumstances. Regulations governing permits are at 50 CFR 17.22, 17.23
and 17.32. Such permits are available for scientific purposes, to
enhance the propagation or survival of the species, or for incidental
take in connection with otherwise lawful activities.
It is the policy of the Service (59 FR 34272) to identify to the
maximum extent practical at the time a species is listed, those
activities that would or would not constitute a violation of section 9
of the Act. The intent of this policy is to increase public awareness
of the effect of listing on proposed and ongoing activities within a
species' range, and to assist the public in identifying measures needed
to protect the species. The Service believes that, based on the best
available information, the following actions would not be likely to
result in a violation of section 9:
(1) Possession, delivery, or movement, including interstate
transport and import into or export from the United States, involving
no commercial activity, dead specimens of this taxa that were collected
prior to the date of publication in the Federal Register of the final
regulation adding this taxa to the list of endangered species;
(2) Road kills or injuries by vehicles on designated public roads.
Potential activities involving the San Bernardino kangaroo rat that
the Service believes likely would be considered a violation of section
9 include, but are not limited to, the following:
(1) Take of San Bernardino kangaroo rat without a permit, which
includes harassing, harming, pursuing, hunting, shooting, wounding,
killing, trapping, capturing, or collecting, or attempting any of these
actions, except in accordance with applicable State fish and wildlife
conservation laws and regulations;
(2) Possess, sell, deliver, carry, transport, or ship illegally
taken San Bernardino kangaroo rats;
(3) Interstate and foreign commerce (commerce across State and
international boundaries) and import/export (as discussed earlier in
this section) without appropriate permits;
(4) Destruction or alteration of San Bernardino kangaroo rat
habitat by discing, grading, sand or gravel mining, flooding, vehicle
operation, or other activities that result in the destruction or
significant degradation of vegetative composition, substrate
composition, or other activity that impacts breeding, feeding, or
availability of cover;
(5) Alteration of hydrology that results in adverse modification of
San Bernardino kangaroo rat habitat (e.g., establishment of
inappropriate stages of vegetation).
Questions regarding whether specific activities will constitute a
violation of section 9 or to obtain approved guidelines for actions
within the kangaroo rat habitat should be directed to the Service's
Carlsbad Field Office (see ADDRESSES section). Requests for copies of
the regulations concerning listed animals and inquiries regarding
prohibitions and permits may be addressed to the U.S. Fish and Wildlife
Service, Endangered Species Permits, 911 NE. 11th Avenue, Portland,
Oregon
[[Page 3843]]
97232-4181 (telephone 503/231-6241; facsimile 503/231-6243).
National Environmental Policy Act
The Service has determined that an Environmental Assessment or
Environmental Impact Statement, 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
Endangered Species Act of 1973, as amended. 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
This rule does not contain collections of information that require
approval by the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
References Cited
A complete list of references cited in this rule is available upon
request from the Carlsbad Field Office of the U.S. Fish and Wildlife
Service (see ADDRESSES section).
Author
The primary author of this proposed rule is Arthur Davenport of the
Carlsbad Field Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, the Service amends part 17, subchapter B of chapter I,
title 50 of the Code of Federal Regulations, as follows:
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. 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 Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Kangaroo rat, San Bernardino..... Dipodomys merriami U.S.A. (CA)........ NA................. E 631 NA NA
parvus.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: January 20, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-2011 Filed 1-26-98; 8:45 am]
BILLING CODE 4310-55-P