[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Rules and Regulations]
[Pages 70053-70062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33552]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE41


Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for the St. Andrew Beach Mouse

AGENCY: Fish and Wildlife Service, Interior.


[[Page 70054]]


ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) determines the St. 
Andrew beach mouse (Peromyscus polionotus peninsularis) to be an 
endangered species pursuant to the Endangered Species Act of 1973, as 
amended (Act). This subspecies is restricted to coastal sand dunes and 
had a historic distribution that included the northeast Florida 
panhandle from Gulf County into portions of Bay County. Its current 
range is limited to a portion of the St. Joseph Peninsula in Gulf 
County. Habitat impacts causing loss of mice and the species' 
capability to recover from such impacts within local populations are 
primarily responsible for the range curtailment. Threats to beach mouse 
habitat include severe storms, coastal land development and its 
associated activities, and non-storm related, natural shoreline 
erosion. Additional threats include predation by free-ranging domestic 
cats and displacement by house mice. This action implements the 
protection of the Act for this species.

DATES: This rule is effective January 19, 1999.

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, 6620 Southpoint Drive South, Suite 310, Jacksonville, 
Florida 32216.

FOR FURTHER INFORMATION CONTACT: Dr. Michael M. Bentzien, at the above 
address (telephone 904/232-2580, ext. 106; facsimile 904/232-2404).

SUPPLEMENTARY INFORMATION:

Background

    The oldfield mouse (Peromyscus polionotus) occurs in northeastern 
Mississippi, Alabama, Georgia, South Carolina, and Florida. Beach mice 
are coastal subspecies of the oldfield mouse restricted to beach and 
sand dune habitat. Hall (1981) recognized eight coastal subspecies 
whose common distinguishing characteristics include white feet, large 
ears, and large black eyes. Their fur is variously patterned in shades 
of white, yellow, brown, and grey. The head, back, and rump are darkly 
patterned, though to a lighter and less extensive degree than inland 
oldfield mice. The all-white underparts extend higher up to the sides 
than on the inland subspecies (Sumner 1926, Bowen 1968). Howell (1939) 
described the type (original) specimen of the St. Andrew beach mouse as 
having a very pale, buff-colored head and back with extensive white 
coloration underneath and along the sides. Bowen (1968) noted two 
distinct rump color pigmentations, one a tapered and the other a 
squared pattern, which extended to the thighs. Head and body lengths 
average 75 millimeters (mm) (2.95 inches (in)), tail mean length 52 mm 
(2.05 in), and hind foot mean length 18.5 mm (0.73 in) (James 1992).
    Beach mice subspecies historically occurred on both the Atlantic 
Coast of Florida from St. Johns through Broward counties and the 
eastern Gulf of Mexico coast from Gulf County, Florida, to Baldwin 
County, Alabama (Ivey 1949, Bowen 1968, James 1992, Stout 1992, Gore 
and Schaefer 1993). The St. Andrew beach mouse is the easternmost of 
the five Gulf Coast subspecies. Howell (1939) collected the type 
specimen at St. Andrew Point on Crooked Island, Tyndall Air Force Base, 
Bay County, Florida (type locality). Other historic collection records 
for the subspecies include nine additional specimens from the type 
locality, seven mice from St. Joseph Point and four mice from Cape San 
Blas on the St. Joseph Peninsula in Gulf County, 48 individuals at or 
near the town of Port St. Joe located on the central Gulf County 
coastal mainland, and four specimens near Money Bayou in eastern Gulf 
County (Bowen 1968). Based on these records, Bowen (1968) and James 
(1992) described the former range of the St. Andrew beach mouse as 
likely extending from the St. Joseph Spit (Peninsula) northwest along 
the coastal mainland adjacent to St. Joseph Bay, to Crooked Island at 
the East Pass of St. Andrews Bay. This range also included about 0.6 
kilometer (km) (1 mile (mi)) of mainland sand dune habitat east of the 
landward end of the St. Joseph Peninsula to Money Bayou on the Gulf of 
Mexico. The absence of past collection records and lack of beach mouse 
sign and trapping success in the area east of Money Bayou to the 
southeastern corner of Gulf County (James 1987; J. Gore, Florida Game 
and Fresh Water Fish Commission, in litt. 1994) suggest that this area 
may not be part of the subspecies' historic range.
    Coastal tidal marsh and upland habitat between the mainland city of 
Port St. Joe and the St. Joseph Peninsula naturally divided the former 
range of the St. Andrew beach mouse into two segments. Preliminary 
genetic analysis of St. Andrew beach mice from the Port St. Joe area, 
the St. Joseph Peninsula, and Crooked Island indicated that these 
samples shared a similarity for at least one gene locus (site), and 
that this locus differed distinctly in a sample of the Choctawhatchee 
beach mouse (Moyers 1997).
    Typical beach mouse habitat generally consists of several rows of 
sand dunes paralleling the shoreline. Prevailing wind, beach sand, and 
vegetation combine to form and shape coastal dunes. A common complex of 
animal species, vegetation, and habitat types characterize the coastal 
sand dune ecosystem. The types and amount of animals, vegetation, and 
habitat may differ, however, among specific sites. The common types of 
sand dune habitat include frontal dunes, primary dunes, secondary 
dunes, inter and intradunal swales, and scrub dunes. Frontal dunes and 
primary dunes are those closest to the shoreline, most recently formed, 
and highly dynamic. The foreslope of primary dunes grades into the 
developing frontal dunes on the open beach. Frontal dunes on the Gulf 
Coast are sparsely vegetated, usually by sea oats (Uniola paniculata), 
bluestem (Schizachyrium maritimum), beach grass (Panicum amarum), and 
sea rocket (Cakile constricta). Primary dunes also support stands of 
these species and include other broad-leaved plants such as seaside 
pennywort (Hydrocotyle bonariensis), seashore elder (Iva imbricata), 
and beach morning glory (Ipomea stolonifera) (Clewell 1985). Secondary 
dunes consist of one or more dune lines landward of the primary dune 
with a similar, though denser, vegetative cover. Interdunal swales are 
wet or dry depressions between primary and secondary dunes, while 
intradunal swales occur within primary dunes as a result of wave 
action, storm surges, and wind erosion. Wet swales are those whose 
water table is at or near the surface. Swale vegetation includes plants 
found on primary and secondary dunes as well as salt meadow cordgrass 
(Spartina patens), rushes (Juncus sp.), sedges (Cyperus sp.), and 
saltgrass (Distichlis spicata). Scrub dunes are the oldest of the dune 
habitat types and are dominated by woody plants including saw palmetto 
(Serenoa repens), myrtle oak (Quercus myrtifolia), sand live oak (Q. 
geminata), sand pine (Pinus clausa), slash pine (P. elliottii), seaside 
rosemary (Ceratiola ericoides), greenbrier (Smilax sp.), and bush 
goldenrod (Chrysoma pauciflosculosa). Reindeer moss (Cladonia leporina) 
often covers otherwise bare dune surfaces. Some primary and secondary 
dune vegetation is also present but at reduced densities (Blair 1951, 
Gibson and Looney 1992). Size and density of understory and overstory 
vegetation may vary.
    Trap surveys at Crooked Island and on the St. Joseph Peninsula 
documented the presence of St. Andrew beach mouse on frontal dunes, as 
well as on primary

[[Page 70055]]

and secondary dunes (James 1987; Gore in litt. 1990, 1994; Bates 1992, 
Moyers et al. 1996, Mitchell et al. 1997). These results support other 
surveys which found that the greatest concentration of most other beach 
mice subspecies occurred in these habitat types (Blair 1951, Hill 1989, 
Frank and Humphrey 1992, Holler 1992). This concentration is due in 
part to a predominance of plants whose seeds and fruits are important 
seasonal constituents of beach mouse diets (Moyers 1996).
    Although beach mice occur on interdunal and intradunal swales, 
studies of other beach mouse subspecies indicate that, in general, they 
use this habitat type less frequently when compared to frontal, 
primary, and secondary dunes (Blair 1951, Hill 1989, Gore and Schaefer 
1993, Novak 1997). James (1987) only rarely observed St. Andrew beach 
mouse tracks in the interdunal areas within St. Joseph Peninsula State 
Park (T.H. Stone Memorial State Park), located within the northern 15 
km (9 mi) of the peninsula.
    Various researchers have also documented the occurrence of other 
beach mouse subspecies within scrub dunes (Extine and Stout 1987, Hill 
1989, Rave and Holler 1992, Gore and Schaefer 1993, Swilling et al. 
1996, Moyers et al. 1996, Novak 1997). Blair (1951) believed that the 
scrub dunes on Santa Rosa Island offered abundant food and cover for 
the Santa Rosa beach mouse (Peromyscus polionotus leucocephalus). Scrub 
dunes may also function as refugia during and after storms and as a 
source for recolonization of storm-damaged dunes (Moyers et al. 1996, 
Swilling et al. 1996). Their use by the St. Andrew beach mouse is not 
well documented. James (1987) noted the absence of tracks in scrub 
dunes within St. Joseph Peninsula State Park (SJPSP), although she did 
collect mice in 1986 from well-vegetated back dunes on Crooked Island 
(James 1992). Moyers et al. (1996) captured beach mice within SJPSP in 
secondary dunes immediately adjacent to scrub dunes.
    Based on a study of other Gulf coast subspecies that included 
habitat conditions following Hurricane Frederick, Meyers (1983) 
reported that the minimum post-storm area needed to allow beach mice to 
persist was 50 hectares (ha) (124 acres (ac)). He also determined that 
a habitat size from 100 to 200 ha (247 to 494 ac) supporting a 
population of 127 mice was optimal for that population to recover from 
habitat impacts produced by a storm of comparable intensity. Meyer's 
figures should be used with caution, however, since he did not know 
pre-storm habitat conditions or population numbers within the study 
area.
    Beach mouse populations can at times undergo great seasonal 
variations in numbers (Bowen 1968, Extine and Stout 1987). Prior to 
human disturbance, hurricanes and tropical storms likely were the 
dominant factors producing rapid and possible widespread impacts on 
beach mice and their habitat. Because the St. Andrew beach mouse 
evolved under adverse weather conditions, the subspecies developed the 
capability to survive and recover from these periodic severe impacts to 
its numbers and habitat. During this century, however, more rapid land 
development, dune encroachment by pedestrians and vehicles, and 
military activities began to contribute to these impacts (James 1992). 
Bowen (1968) was unable to collect beach mice from one or more historic 
sites during a 1961 field trip. Hurricane Eloise split Crooked Island 
into east and west segments in 1975, and multiple attempts to collect 
beach mice from the western segment during the early and mid-1980's 
were unsuccessful (Gore in litt. 1987). During this same period, trap 
surveys collected small numbers of beach mice on the eastern segment. 
Limited trap and track surveys during the late 1980's found no evidence 
of beach mice within undeveloped coastal mainland habitat between 
Crooked Island and Money Bayou, as well as on the St. Joseph Peninsula 
from near the southern border of SJPSP through Cape San Blas to the 
northeastern end of the peninsula (Gore in litt. 1990, James 1987). 
Both surveys revealed that mice still existed on Crooked Island East 
and also occurred within SJPSP. Gore collected 3.6 mice per 100 trap 
nights during his 1989 survey within the park. Based on her survey 
results, James (1992) estimated the Crooked Island East population at 
150 mice and the population within SJPSP at 500 mice. Gore speculated 
that the range-wide population at its lowest contained several hundred 
mice.
    Extensive surveying of primary, secondary, and scrub dune habitat 
on Crooked Island East during the 1990's revealed that the beach mouse 
population there no longer existed (Gore in litt. 1994, Holler in litt. 
1994). Similar efforts at Cape San Blas on Eglin Air Force Base and 
U.S. Coast Guard properties yielded no mice (Gore in litt. 1994). Bates 
(1992) did capture 338 separate individuals within SJPSP at a rate of 
26.64 mice per 100 trap nights. In 1993 and 1994, Gore (in litt. 1994) 
again sampled habitat between SJPSP and Cape San Blas and trapped 9 
beach mice for a capture rate of 7.56 mice per 100 trap nights. Based 
on the survey findings to date, Gore (in litt 1994, 1995) assumed that 
the St. Andrew beach mouse was then restricted to the northern 20 to 25 
km (12.5 to 15.5 mi) of the St. Joseph Peninsula.
    In October 1995, Hurricane Opal caused extensive coastal damage to 
the Florida panhandle. Habitat impacts within the St. Joseph Peninsula 
appeared more extensive outside SJPSP boundaries (Gore in litt. 1995). 
Using an average density estimate of 2.5 mice per hectare, Gore (in 
litt. 1995) calculated that the total population of St. Andrew beach 
mice remaining after the storm was around 190 individuals. Moyers et 
al. (1996) trapped a total of about 5.25 km (3 mi) of habitat 
throughout SJPSP in December 1995 and captured 62 individuals for a 
rate of 3.44 mice per 100 trap nights. They estimated the population 
size within the sampled area at 127, a figure which compared favorably 
to Gore's post-hurricane estimate. Moyers (1996a) later collected an 
additional 11 mice on William J. Rish State Park and on some private 
parcels within the St. Joseph Peninsula immediately south of SJPSP. The 
most recent trap survey within SJPSP (February 1997) collected 117 mice 
for a capture rate of 9.00 mice per 100 trap nights (Mitchell et al. 
1997). They estimated that SJPSP currently may support between 300 and 
500 mice. The estimate represents a significant increase over the 1995 
post-Hurricane Opal survey and is comparable to the last pre-Hurricane 
Opal survey within the park (Bates 1992).
    In November 1997 and January 1998, a total of 38 St. Andrew beach 
mice, including mated pairs and pregnant females, were translocated 
from SJPSP to East Crooked Island, Tyndall Air Force Base. Post-release 
trapping and radio telemetry surveys revealed successful dispersal and 
reproduction by these introduced beach mice. Track observations 
indicated movement up to 2.5 km (1.6 mi) from one of the release sites. 
Offspring of these founders colonized habitat outside the 
reintroduction area (Moyers et al. in litt. 1998).
    Definitive estimates of minimum viable population size for beach 
mice are not yet available. Several recent estimates for small mammals 
based on mass/population density relationships indicate that continued 
survival of a self-sustaining population would require several thousand 
individuals (Belovsky 1987, Silva and Downing 1994). These estimates 
still may be low for beach mice since they reflect small rodent 
populations in more stable environments. As mentioned previously, the 
estimates of the

[[Page 70056]]

remaining numbers of St. Andrew beach mice do not approach these 
figures.

Previous Federal Action

    The Service included the St. Andrew beach mouse as a category 2 
candidate species in its September 18, 1985, notice of review of 
vertebrate wildlife (50 FR 37958). At that time, category 2 species 
were defined as those for which information in 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 currently available to support a 
proposed rule. The Service published an updated, combined animal notice 
of review (ANOR) on January 6, 1989, which retained the species' 
category 2 classification (54 FR 554). In the November 21, 1991, ANOR 
update, the St. Andrew beach mouse was designated a category 1 
candidate for listing (56 FR 58804). A category 1 candidate was one for 
which the Service had on file sufficient information to support 
issuance of a proposed rule. The Service retained this classification 
in the November 15, 1994, ANOR (59 FR 58982). Upon publication of the 
February 18, 1996, notice of review (61 FR 7596), the Service ceased 
using category designations and included the St. Andrew beach mouse as 
a candidate species. Candidate species are those for which the Service 
has on file sufficient information on biological vulnerability and 
threats to support proposals to list the species as threatened or 
endangered. Candidate status for this animal was continued in the 
September 19, 1997, NOR (62 FR 49398). The proposed rule to list the 
St. Andrew beach mouse was published on October 17, 1997 (62 FR 54028).
    The processing of this final rule conforms to the Service's final 
listing priority guidance published in the Federal Register on May 8, 
1998 (63 FR 25502). The guidance clarifies the order in which the 
Service will process rulemakings. The highest priority is given to 
handling emergency situations (Tier 1), second highest priority (Tier 
2) to processing final decisions on proposed listings, resolving the 
conservation status of candidate species, processing administrative 
findings on petitions, and delisting or reclassifying actions, and 
lowest priority (tier 3) to actions involving critical habitat 
determinations. The processing of this final rule falls under tier 2. 
At this time, the Southeast Region has no pending tier 1 actions.

Summary of Comments and Recommendations

    In the October 17, 1997, proposed rule (62 FR 54028) and through 
associated notifications, the Service requested all interested parties 
to submit factual reports or information that might contribute to the 
development of a final rule for the St. Andrew beach mouse. Appropriate 
Federal and State agencies, county governments, scientific 
organizations, and interested parties were contacted by letter or 
facsimile and requested to provide comment. A summary of the proposed 
regulation and other information was published in the Panama City 
Herald on October 21, 1997, Port St. Joe Star on October 23, 1997, and 
Florida Journal edition of the Wall Street Journal on November 26, 
1997. At the request of the Gulf County Board of Commissioners, the 
Service presented information and answered questions on the proposed 
listing at the Board's monthly public meeting held on November 25, 
1997, in Port St. Joe, Florida. Pertinent comments from meeting 
attendees following conclusion of the meeting are included in the 
administrative record for the final rule and addressed in this section.
    In compliance with the Service's July 1, 1994, policy on 
information standards under the Act (59 FR 34270), the Service 
solicited the expert opinions of four appropriate and independent 
specialists regarding the proposal's supportive scientific and 
commercial data, and additional information and issues related to the 
range and distribution, ecology, populations, threats to the continued 
existence of the St. Andrew beach mouse, and the appropriateness of 
critical habitat designation. All four solicited experts supported the 
proposed listing action and generally found the accompanying data 
accurate and objective. Additional information and suggested changes 
provided by the reviewers were considered in developing this final 
rule, and incorporated where applicable. Two of the reviewers provided 
comments on critical habitat. Both of these reviewers agreed with the 
Service that designation of critical habitat would not provide 
additional conservation benefit to the St. Andrew beach mouse on 
Federal lands beyond that afforded by the Act's Section 7(a)(2) 
jeopardy standard or existing habitat conservation measures implemented 
by the Federal landowners. However, they also believed some designation 
of critical habitat on non-Federal lands might benefit the species. The 
Service has addressed their comments in Issue 1 and in the ``Critical 
Habitat'' section.
    During the 60-day comment period, the Service received a total of 
eight written and oral responses. All pertinent comments contained have 
been considered and incorporated, as appropriate, in the formulation of 
this final rule. The listing was supported by the Florida Game and 
Fresh Water Fish Commission and the Apalachee Regional Planning 
Council. The Washington Legal Foundation, Pacific Legal Foundation, and 
one private citizen opposed the listing. Responses from the Florida 
Department of Transportation and a private citizen were non-committal.
    Comments, concerns, and questions of similar content have been 
grouped together and referred to as ``Issues'' for the purposes of this 
summary. The following is a summary of the issues and the Service's 
response to each.
    Issue 1: Critical habitat designation might benefit the species by 
improving the uniformity and relevance of the Service's biological 
opinions, providing better justification for requiring beach mouse 
surveys on non-federally involved private lands, and identifying 
habitat outside Federal lands for future beach mouse translocations 
(taking mice out of the wild from one location and moving them to 
different location).
    Response: The Service believes that uniform and effective 
biological opinions can be prepared for this species without critical 
habitat designation (see ``Critical Habitat'' section). The designation 
of critical habitat does not affect private landowners unless Federal 
permitting or financing is involved with their property. In addition, 
critical habitat designation does not enable the Service or other 
parties to require landowner surveys for listed species. The Service 
can identify potential translocation sites by habitat features without 
a regulatory designation. For example, as part of recovery efforts for 
various listed species, such as the black-footed ferret, Hawaiian crow, 
and American burying beetle, the Service has conducted translocations 
and reintroductions without designating critical habitat.
    Issue 2: Potential interbreeding of the St. Andrew beach mouse with 
other subspecies of oldfield mice will make it impossible to know what 
species is being protected.
    Response: The species' historic range is separated by approximately 
5 km (3.1 mi.) at the point closest to habitat occupied by another 
subspecies, the federally endangered Choctawhatchee beach mouse. This 
geographic separation prevents intercrosses (interbreeding) between 
these subspecies.

[[Page 70057]]

    Inland oldfield mice typically occur in young grassland habitats 
with dry, sandy to loamy soils, fallow fields, and similar locations 
associated with sandhill and inland scrub habitats (Bowen 1968, King 
1968, Hall 1981). With the exception of some scrub, these habitats 
currently are not associated with the coastal strand, the physiographic 
area that includes beach mouse habitat. The absence of most coastal 
strand habitat and inland oldfield mice in beach mouse surveys suggest 
that intercrosses between the St. Andrew beach mouse and inland 
subspecies is unlikely.
    Issue 3: The Service lacks the authority to regulate the St. Andrew 
beach mouse under the Endangered Species Act, pursuant to the Commerce 
Clause of Article I, Section 8 of the United States Constitution. The 
Service failed to show in the proposed rule that regulation of this 
species addresses activities that bear a substantial relation to, or 
substantially affect interstate commerce.
    Response: On June 22, 1998, the Supreme Court, without comment, 
rejected the argument that using the Act to protect species that live 
only in one State goes beyond Congress' authority to regulate 
interstate commerce. This decision upholds a decision made by the 
United States Court of Appeals for the District of Columbia Circuit 
(National Association of Homebuilders vs. Babbitt, 97-1451) that 
regulation under the Act is within Congress' Commerce Clause power and 
that loss of animal diversity has a substantial effect on interstate 
commerce. Thus, although the St. Andrew beach mouse is found only 
within the State of Florida, the Service's application of the Act to 
list this species is constitutional.
    Issue 4: The Service should not list the St. Andrew beach mouse 
because the proposed rule did not present clear scientific evidence 
that the subspecies is a distinct taxon, or that there are current 
threats to the continued existence of the subspecies.
    Response: While few studies have addressed the relationship between 
genetics and the taxonomy of beach mice and other oldfield mice, the 
best available genetic information on the St. Andrew beach mouse does 
not refute Howell's (1939) original classification of the subspecies 
based on morphology, pelage (fur) color pattern, and distribution.
    The best available information also indicates that loss and 
modification of habitat was, and continues to be, the major factor 
threatening the continued existence of the St. Andrew beach mouse 
throughout its entire range. Severe storms and natural shoreline 
erosion impact mainly frontal and primary dunes, while coastal 
development and related activities mostly affect secondary and scrub 
dunes. Information documenting the historic loss of St. Andrew beach 
mouse from Crooked Island suggests that multiple habitat threats over a 
relatively large area resulted in the extirpation of this local 
population. Such multiple impacts currently exist or threaten 
approximately two-thirds of the St. Joseph Peninsula and all mainland 
areas within the species' historic range.

Summary of Factors Affecting the Species

    Section 4 of the Endangered Species 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 an endangered or threatened species due 
to one or more of the five factors described in section 4(a)(1). These 
factors and their application to the St. Andrew beach mouse (Peromyscus 
polionotus peninsularis) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Using historic topographic maps 
and their habitat references, the Service calculated that 66 km (41 mi) 
of the estimated 86 km (53.5 mi) of linear area within the historic 
range of the St. Andrew beach mouse contained sand dune habitat. From 
field surveys, Gore (in litt. 1994, 1995) estimated the amount of 
recently occupied habitat to be between 20 and 23 km (14.3 to 12.5 mi), 
all within the northern two-thirds of the St. Joseph Peninsula. This 
represents up to a 68 percent curtailment of historic sand dune habitat 
within the subspecies' former range. The 1997-1998 translocation of 
mice to Crooked Island East is not included in this assessment because 
the full extent of habitat occupied, and stability and survivability of 
this population cannot be reliably determined for a number of years.
    Natural events and manmade activities that have impacted the St. 
Andrew beach mouse and its habitat include severe storms, land 
development, military exercises on Crooked Island, dune encroachment by 
vehicles and pedestrians, and non-storm related shoreline erosion. 
Between 1871 and 1995, nearly 50 hurricanes or tropical storms occurred 
within 90 mi of St. Joe Bay, which is about midway within the historic 
range of the species. In this century, storm strength, proximity to the 
historic range, and degree of habitat impact have been especially 
intense during the last 30 years (Doehring et al. 1994). In 1975, 
Hurricane Eloise breached Crooked Island, dividing it into two segments 
and severely eroding and fragmenting dunes, particularly within the 
newly-formed western segment (R. Bates, pers. comm. 1995). In 1985, 
Hurricane Kate scoured dunes within the entire range of the St. Andrew 
beach mouse. These storms caused extensive blowouts in the high dunes 
throughout the St. Joseph Peninsula (James 1992). In 1995, Hurricane 
Opal, which made landfall 85 mi west of St. Joe Bay, severely damaged 
and fragmented frontal and primary sand dunes within the historic range 
of the beach mouse. The most seriously impacted areas were the 
unoccupied habitat from Crooked Island to Mexico Beach. Gore (in litt. 
1995) estimated an average loss of 52 percent of occupied area within 
the St. Joseph Peninsula, with the greatest impacts occurring south of 
SJPSP. Although the population within the SJPSP has since recovered, 
the Service believes that, coupled with additional land development, 
consecutive years of severe weather or a single season of intense 
storms over, or in close proximity to, currently occupied habitat may 
result in extinction of the subspecies.
    Land development has been primarily responsible for the permanent 
loss of St. Andrew beach mouse habitat. Historic maps suggest that 
earlier construction of State Road 98 and incorporated development from 
the vicinity of Port St. Joe to Mexico Beach occurred within one or 
more types of coastal sand dune habitat. Little or no suitable habitat 
currently occurs at the seaward side of some of these incorporated 
areas (J. Danforth, Gulf County Division of Solid Waste, pers. comm. 
1997). This density of development also tends to fragment remaining 
undeveloped habitat. Meyers (1983) believed that intense development 
could act as a barrier to migration, isolating mice within these 
habitat segments and making them more vulnerable to local extinction 
from one or more threats. Neither Gore (in litt. 1990) nor James (1987) 
found evidence of beach mice within these fragmented parcels located 
along the coast between Port St. Joe and Mexico Beach. The current 
status of beach mice within these parcels is unknown.
    Gore (in litt. 1994) ranked continued habitat loss on the St. 
Joseph Peninsula as one of the most serious long-term threats to the 
St. Andrew beach mouse outside of the State parks. He attributed beach 
mouse presence in the area

[[Page 70058]]

between SJPSP and Cape San Blas in 1994 to the relatively low density 
of housing compared to mainland areas, and the apparent low threat from 
free-ranging domestic cats, which he believed was related to the 
primary use of the residences as vacation homes. In addition, most 
structures are set back from the frontal and primary dune lines. Since 
1994, additional construction has occurred in this area, as well as 
within unoccupied habitat on the remainder of the peninsula (J. 
Danforth, pers. comm. 1997). The construction has proceeded despite the 
unavailability of federally financed loans or flood insurance (see 
Factor D.). The Service believes that continued construction may result 
in intense development of secondary and scrub dunes, resulting in the 
severe fragmentation or loss of these habitat types. These areas are 
known to be important to other beach mice subspecies (see 
``Background'' section). Intense impacts to these habitat types, 
coupled with severe storms affecting frontal and primary dunes, may 
contribute to the extinction of the St. Andrew beach mouse. Gulf County 
has constructed snow fencing and planted dune vegetation to restore 
frontal and primary dunes on the St. Joseph Peninsula and elsewhere 
that were damaged as a result of Hurricane Opal (J. Danforth, pers. 
comm. 1997).
    Other human activities impact beach mouse habitat. Gore (in litt. 
1994) described the sand dunes east of Cape San Blas as having little 
vegetation and generally being of poor quality. He attributed this 
situation to a combination of storm damage exacerbated by vehicular 
traffic on the beach. Although Gulf County has updated its beach 
driving ordinance in an attempt to eliminate dune impacts on the St. 
Joseph Peninsula (Gulf County Commission 1997), some areas continue to 
have problems with dune encroachment by all-terrain vehicles (D. 
Wibberg, Office of the Gulf County Board of Commissioners, pers. comm. 
1997). Prior to 1985, trial exercises with military hovercraft 
contributed to habitat degradation on Crooked Island (James 1992). The 
Department of Defense has since discontinued this practice (R. Bates, 
Tyndall Air Force Base, pers. comm. 1995) and is restoring dune habitat 
and has funded translocation of beach mice onto Crooked Island.
    Severe natural erosion within a section of beach north of Cape San 
Blas, primarily within U.S. Coast Guard property on the St. Joseph 
Peninsula, has resulted in the loss of frontal, primary, and secondary 
dunes (Gore in litt. 1994). Sporadic natural shoreline erosion of 
frontal and primary dunes is also occurring north of this area to 
SJPSP, as well as between Cape San Blas and Money Bayou. The principal 
effect in the area of severe erosion has been to isolate occupied 
habitat on the northern peninsula from unoccupied habitat between Cape 
San Blas and Money Bayou. The additional natural erosion has resulted 
in some habitat fragmentation.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. This factor is not now known to be applicable.
    C. Disease or predation. The impact of parasites and pathogens on 
beach mice populations and their potential contribution to the decline 
of the St. Andrew beach mouse are unknown. Significant adverse impacts 
from these factors might occur when combined with, or as a function of, 
other threats. Studies and observations by various researchers strongly 
suggest that predation, especially by free-ranging domestic cats, is an 
important factor contributing to the loss of mice from local habitat 
within or adjacent to developed areas (Blair 1951, Humphrey and Barbour 
1981, Holliman 1983, Humphrey et al. 1987). Bowen (1968) provided an 
anecdotal report on the complete absence of beach mouse sign on a 3.2 
km (2 mi) stretch of beach having abundant cat tracks. Frank and 
Humphrey (1992) noted a reduction of cat sign on dunes and an increase 
in Anastasia Island beach mouse (P. p. phasma) numbers and mean 
survivorship following removal of 15 to 20 cats from the camping area 
at Anastasia State Recreation Area. Gore and Schaeffer (1993) found a 
significant inverse relationship between the ratio of Santa Rosa beach 
mice to cat tracks on sample transects within developed and undeveloped 
dune areas on Santa Rosa Island. Their median transects in the 
developed areas contained no mouse tracks and 13 cat tracks. Bates 
(1992) found that predators in SJPSP did not appear to concentrate near 
dunes and the infrequent house cat tracks observed occurred mainly near 
structures. Although Bates failed to capture beach mice in dunes 
adjacent to the camping areas, Moyers et al. (1996) did capture mice 
and observe tracks in these areas. Gore (in litt. 1994) believed that 
the house cat population on private lands south of SJPSP was less of a 
problem than other developed areas because the residences there served 
mainly as seasonal vacation homes. He nevertheless believed further cat 
introductions associated with additional land development could pose a 
serious threat to beach mouse populations.
    Other mammalian predators occurring on sand dunes within SJPSP 
include fox, bobcat, raccoon, and coyote (Bates 1992). Coyotes are 
relatively recent migrants to SJPSP and Crooked Island, where they have 
become predators on sea turtle nests (S. Shea, Tyndall Air Force Base, 
pers. comm. 1994; J. Bente, Florida Department of Environmental 
Protection, pers. comm. 1995).
    D. The inadequacy of existing regulatory mechanisms. The Federal 
Coastal Barrier Resources Act of 1982 and the Coastal Barrier 
Improvement Act of 1990 (CBRA) prohibit most new Federal expenditures 
and financial assistance within Coastal Barrier Resources System (CBRS) 
units. CBRA also prohibits the sale of new Federal flood insurance for 
new construction or substantial improvements within otherwise protected 
areas. There are two CBRS units and one otherwise protected area within 
the historic range of the St. Andrew beach mouse. The Cape San Blas 
Unit (P30) covers all of the St. Joseph Peninsula, while the otherwise 
protected area (P30P) corresponds with the boundaries of St. Joseph 
Peninsula State Park. Habitat west of the city of Mexico Beach, 
including Crooked Island East and West, are part of the St. Andrew 
Complex Unit (P31). CBRA does not prohibit use of non-Federal or 
private funds to finance or insure projects within CBRS units or 
otherwise protected areas. As a result, coastal construction may still 
proceed within all remaining undeveloped parcels within the subspecies' 
historic range.
    Eglin Air Force Base currently allows beach driving through its 
Cape San Blas property and adjacent property it leases from and manages 
for the U.S. Coast Guard. However, the agreement with Gulf County 
prohibits vehicles and pedestrians from encroaching on or near sand 
dunes. Strict enforcement of this provision has been difficult due to 
the distance of Eglin's main base from the Cape San Blas unit and the 
lack of onsite enforcement personnel. The distance also hampers efforts 
at evaluating and taking action on potential problems associated with 
free-ranging domestic cats.
    State laws protect sea oats, a critical component of the dune 
vegetative community, from being picked on public land but do not 
prohibit this activity on private land, nor their destruction during 
construction activities. State-regulated Coastal Construction Control 
Lines (CCCL) correspond to the limits of the coastal high hazard 100-
year storm event impact area. Construction seaward of the CCCL requires 
permits whose stringent requirements generally result

[[Page 70059]]

in protection of beach, frontal dune, and primary dune habitats (G. 
Chelicki, Florida Department of Environmental Protection, pers. comm. 
1997). The same protections are not afforded to secondary and scrub 
dune habitats occurring landward of the CCCL. The State has designated 
Crooked Island East and West as critical wildlife areas, which would 
protect plants and animals from take or disturbance by pedestrians, 
vehicles, and dogs, but this designation does not address habitat 
protection (S. Shea in litt. 1997).
    The St. Andrew beach mouse is listed as a Florida State endangered 
species. Chapter 39-27.002 of the Florida Administrative Code prohibits 
the take, possession, or sale of endangered species except as 
authorized by specific permit for the purpose of enhancing the survival 
potential of the species. The law does not provide for the protection 
or conservation of a listed species' habitat.
    Bay County, Florida, restricts beach driving to permitted vendors. 
State parks on the St. Joseph Peninsula do not generally permit beach 
driving within their boundaries, although beach driving occurs on Rish 
State Park because it is within the Aquatic Preserve driving management 
plan area. Gulf County regulates beach driving on the peninsula between 
Indian Pass and SJPSP by ordinance and permits. The ordinances restrict 
the number of vehicle access points and prohibits driving in, on, or 
over sand dunes or vegetated areas. They do not address pedestrian 
encroachment. The most recent revised ordinance creates a 7.6 meter (25 
foot) dune buffer zone within a portion of the St. Joseph Peninsula, in 
which beach driving and parking are prohibited (Misty Nabers, Florida 
Department of Environmental Protection, pers. comm. 1997). This 
revision does not apply to the section of the peninsula between about 
3.2 km (2 mi) northwest of Cape San Blas to Money Bayou (D. Wibberg, 
pers. comm. 1997).
    Gulf County does not have any ordinances relating to the ownership, 
control, and handling of free-ranging domestic cats.
    E. Other natural or manmade factors affecting its continued 
existence. In addition to severe storms, other widespread climatic 
conditions that can occur within the range of the St. Andrew beach 
mouse include periods of drought and freezing weather. The extent of 
any direct or indirect impacts of these factors on beach mouse 
survival, either alone or in combination with manmade threats, is not 
known.
    Storms and residential and commercial development can fragment and 
isolate beach mouse habitat. This isolation precludes movement and gene 
flow among other habitat blocks. In smaller blocks, the lack of gene 
flow may result in a loss of genetic diversity, which can reduce the 
population's fitness. Increased predation pressure and competition for 
available food and cover may further weaken populations through direct 
mortality and reduced reproductive success. The combined threats may 
result in a severe decline leading to extinction of these isolated 
populations (Caughley and Gunn 1996).
    The ecological similarity of house mice and oldfield mice (Gentry 
1966, Briese and Smith 1973) suggests that competition and aggression 
may occur between these species. An inverse relationship appears to 
exist between the population densities of the house mouse and inland 
oldfield mice (Caldwell 1964, Caldwell and Gentry 1965, Gentry 1966). 
Humphrey and Barbour (1981) documented mutually exclusive distribution 
patterns of house mice and other Gulf coast beach mice, a pattern 
similar to that observed by Frank and Humphrey (1992) for the Anastasia 
Island beach mouse, and by Gore (in litt. 1987, 1990, 1994) and Holler 
(in litt. 1994) for the St. Andrew beach mouse. The significance of 
competition to the observed patterns is not clear. In general, the 
observations suggest that where conditions favor one of the two 
species, that species will predominate or exclude the other species. 
Briese and Smith (1973) noted that house mice primarily invade 
disturbed areas, such as when development occurs, and are able to 
establish themselves in these and adjacent habitats occupied by low 
densities of oldfield mice. They also noted that house mice seem to be 
less affected by predation from house cats than oldfield mice.
    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 make this rule 
final. Based on this evaluation, the preferred action is to list the 
St. Andrew beach mouse as endangered. The primary threats to the 
continued existence of the species are habitat impacts from periodic 
severe weather and land development, which result in direct loss of 
mice and the capability of remaining mice to recover from such impacts. 
Other potentially significant threats include predation by free-ranging 
domestic cats and possible competitive displacement by the house mouse. 
The Service considers the threat of extinction to be high magnitude and 
imminent because of the more than two-thirds estimated range 
curtailment, the species' restriction to a single land unit, and the 
recent high frequency of severe storms occurring within or in close 
proximity to the species' historic range.

Critical Habitat

    Critical habitat is defined in section 3 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 
considerations or protection; and (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. ``Conservation'' means the use of all methods and 
procedures needed to bring the species to the point at which listing 
under the Act is no longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the species is determined to be threatened or endangered. 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: (i) 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 (ii) such designation of critical 
habitat would not be beneficial to the species. The Service finds that 
designation of critical habitat is not prudent for the St. Andrew beach 
mouse at this time.
    Designated critical habitat is protected by the Act only under 
section 7(a)(2), which provides that activities that are federally 
funded, permitted, or carried out may not destroy or adversely modify 
critical habitat. However, this section, which also prohibits Federal 
activities likely to jeopardize listed species, provides substantial 
protection to the habitat of listed species, even if critical habitat 
is not designated. Section 7(a)(4) 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 the 
destruction or adverse modification of proposed critical habitat. For 
most species, including the St. Andrew beach mouse, the protection 
afforded the species'

[[Page 70060]]

habitat through application of the no jeopardy standard is so strong, 
the Service believes there would be no direct net conservation benefit 
from designating critical habitat.
    Regulations (50 CFR part 402.02) define ``jeopardize the continued 
existence of'' as meaning to engage in an action that would reasonably 
be expected, directly or indirectly, to reduce appreciably the 
likelihood of both the survival and recovery of a listed species in the 
wild by reducing the reproduction, numbers, or distribution of that 
species. ``Destruction or adverse modification'' is defined as a direct 
or indirect alteration that appreciably diminishes the value of 
critical habitat for both the survival and recovery of a listed 
species. The St. Andrew beach mouse is restricted to coastal sand dunes 
that consist of several rows paralleling the shoreline. The common 
types of sand dune habitat include frontal dunes, primary dunes, 
secondary dunes, inter and intradunal swales, and scrub dunes. Beach 
mice occur mostly in frontal, primary, and secondary dunes due in part 
to the predominance of plants whose seeds and fruits are important 
seasonal constituents of beach mouse diets. Further, scrub dunes may 
function as refugia during and after storms and as a source for 
recolonization of storm-damaged dunes. Because of the highly precarious 
status of the St. Andrew beach mouse, destruction or adverse 
modification of any of these habitat features to the point of 
appreciably diminishing habitat value for recovery and survival would 
also jeopardize the species' continued existence by reducing its 
reproduction, numbers, or distribution.
    For the St. Andrew beach mouse, therefore, the Service has 
determined that designation of critical habitat would not add any 
protection over that afforded by the jeopardy standard. Any appreciable 
diminishment of habitat sufficient to appreciably reduce the value of 
the habitat for survival and recovery would also appreciably reduce the 
likelihood of survival and recovery by reducing reproduction, numbers, 
or distribution. The Service has found this to be the case for several 
listed species, for which an appreciable reduction in habitat value 
would trigger the jeopardy standard, for example the Appalachian elktoe 
mussel, listed as endangered on November 23, 1994 (59 FR 60324), and 
three Texas aquatic invertebrates, listed as endangered on June 5, 1995 
(60 FR 29537).
    Within unoccupied lands under Federal management, both Eglin and 
Tyndall Air Force bases are actively involved in conservation of sand 
dune habitat. Eglin Air Force Base does not allow dune encroachment by 
vehicles and pedestrians within its Cape San Blas unit boundaries and 
closely reviews mission-related activities for potential habitat 
impacts (R. McWhite, Eglin Air Force Base, pers. comm. 1997). Eglin 
recently completed an ecological survey of Cape San Blas that will 
assist them in deciding how best to manage the natural resources within 
the unit. On Crooked Island, Tyndall Air Force Base restricts beach 
access on both east and west segments to pedestrians and authorized 
vehicles, and also prohibits dune encroachment. Natural resource 
personnel review all requests for military operations to minimize or 
eliminate potential habitat disturbances. Because of these current 
conditions, the Service believes that a designation of Crooked Island 
or Cape San Blas as critical habitat is not prudent because it would 
not result in any additional benefit to the species.
    Recovery of the St. Andrew beach mouse will require the 
establishment of stabilized beach mouse populations wherever suitable 
habitat exists within the historic range of the species. The section 7 
consultation requirements do not apply to private lands unless there 
are actions that are authorized, funded, or carried out by the Federal 
government. Critical habitat designation on unoccupied private lands 
might provide minimal benefit to the St. Andrew beach mouse by alerting 
permitting agencies to potential sites for translocation. Based on the 
existing protections for sand dune habitat by Gulf and Bay counties and 
State-regulated Coastal Construction Control Lines (see Factor D.), the 
Service believes that most mouse habitat should remain relatively 
intact for translocation and recolonization of mice. Thus, any benefit 
that might be provided by designation of unoccupied habitat can be more 
effectively accomplished through the recovery process and coordination 
with the county governments. In addition, sand dune habitat can change 
rapidly during severe storms making potential translocation areas 
unsuitable for mice. Thus, the current recovery and coordination 
process is a preferable means for identifying potential areas for mice 
translocations.
    Based on the above discussion, the Service has determined that the 
lack of additional conservation benefit from critical habitat 
designation for this species makes such designation not prudent.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibition 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 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 taking and harm 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) requires Federal agencies to confer with the 
Service on any action that is likely to jeopardize the continued 
existence of a species proposed for listing or result in the 
destruction or adverse modification of proposed critical habitat. If a 
species is listed subsequently, 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 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.
    Federal agency actions that are expected to require consultation 
include mission-related activities authorized or carried out by Tyndall 
Air Force Base on Crooked Island and by Eglin Air Force Base at the 
Cape San Blas unit, following any translocation of beach mice to these 
locations. The Service's experience with other beach mice indicates 
that, with planning, beach mouse conservation and military activities 
are compatible.
    The Federal Emergency Management Agency (FEMA) provides flood 
insurance for completed structures through the National Flood Insurance 
Program. Section 7 of the Act normally would require FEMA to consider 
consultation with the Service where the agency provides flood insurance 
to private landowners with structures located in occupied habitat. In 
this case,

[[Page 70061]]

private property occupied by the beach mouse within the St. Joseph 
Peninsula is also located within a CBRS unit and subject to the CBRA 
prohibitions against the acquisition of new federally-funded coastal 
flood insurance for new construction or substantial improvements (see 
Factor D. under ``Summary of Factors Affecting the Species''). The 
Service, therefore, believes the listing will have no additional impact 
on the application of FEMA's flood insurance program.
    U.S. Army Corps of Engineers involvement in the section 7 
consultation process may result from the issuance of permits for the 
filling of wet interdunal swales subject to section 404 of the Clean 
Water Act (33 U.S.C. 1344 et seq.). Consultation will be required 
should the Corps determine that such permit issuance may affect the St. 
Andrew beach mouse.
    The Service may undertake internal consultations when carrying out 
recovery activities such as dune restoration and construction of 
pedestrian crossovers or when reviewing incidental take permit 
applications under section 10(a)(1)(B) of the Act.
    Actions taken and in progress for the St. Andrew beach mouse 
include updated status surveys within a portion of the historic range; 
a population genetics analysis; population viability modeling; 
distribution of outdoor interpretive habitat signs; reconstruction of a 
dune boardwalk at SJPSP; sand dune restoration at Crooked Island, 
SJPSP, and other Gulf County areas; and translocation of beach mice 
from SJPSP to Crooked Island. The Service plans to continue pursuing 
conservation actions to reduce threats to the species' continued 
existence.
    The Act and its 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 (includes harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or 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 any foreign commerce any listed 
species. It is also 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.
    The prohibitions of section 9 will not apply to St. Andrew Beach 
mice which were held in captivity or a controlled environment on the 
date of publication in the Federal Register of this final rulemaking, 
provided that such holding and any subsequent holding of such mice is 
not in the course of a commercial activity (purchase or sale).
    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. Such permits are 
available for scientific purposes, to enhance the propagation or 
survival of the species, and/or for incidental take in the course of 
otherwise lawful activities.
    It is the policy of the Service, published in the Federal Register 
on July 1, 1994 (59 FR 34272), to identify to the maximum extent 
practicable at the time a species is listed, those activities that 
would or would not constitute a violation of section 9 of the Act. The 
intent of this policy is to increase public awareness of the effect of 
this listing on proposed and ongoing activities within the species' 
range. The Service believes that, based on the best available 
information, the following actions will not result in a violation of 
section 9:
    (1) Beneficial activities whose implementation does not result in 
take of beach mice. Such activities include, but are not limited to, 
boardwalk construction on or over dunes, use of snow fencing and 
planting of local, native dune vegetation to accelerate dune 
restoration, and dune reconstruction using beach quality sand.
    (2) Normal residential activities on unoccupied habitat that would 
not result in take of beach mice, such as, landscape maintenance, 
private development and dune access by vehicles and pedestrians.
    (3) Activities authorized, funded, or carried out by a Federal 
agency when the action is conducted in accordance with any measures 
required under section 7 of the Act.
    Potential activities involving the St. Andrew beach mouse that the 
Service believes will likely be considered a violation of section 9 
include, but are not limited to, the following:
    (1) Take of St. Andrew beach mouse without a permit.
    (2) Possession, sale, delivery, carrying, transportation, or 
shipping of illegally taken St. Andrew beach mice.
    (3) Destruction or alteration of occupied habitat such as 
unpermitted development or habitat modification that results in the 
death of or injury to the St. Andrew beach mouse through the 
significant impairment of essential behaviors including breeding, 
feeding, or sheltering.
    For questions regarding whether specific activities will constitute 
a violation of section 9 or to obtain approved guidelines for actions 
within beach mouse habitat, contact the Field Supervisor of the 
Service's Panama City Field Office, 1612 June Avenue, Panama City, 
Florida 32405-3721 (telephone 850/769-0552). 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, Ecological Services, Permit Coordinator, 1875 Century 
Boulevard, Suite 200, Atlanta, Georgia 30345 (telephone 404/679-7110; 
facsimile 404/679-7081).

National Environmental Policy Act

    The Fish and Wildlife 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).

Paperwork Reduction Act

    This rule does not contain any information collection requirements 
for which the Office of Management and Budget (OMB) approval under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. is required. An 
information collection related to the rule pertaining to permits for 
endangered and threatened species has OMB approval and is assigned 
clearance number 1018-0094. This rule does not alter that information 
collection requirement. For additional information concerning permits 
and associated requirements for endangered species, see 50 CFR 17.22.

References Cited

    A complete list of all references cited herein, as well as others, 
is available upon request from the Jacksonville Field Office (see 
ADDRESSES section).

Author

    The primary author of this document is John F. Milio (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

[[Page 70062]]

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:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                                  Critical     Special
                                                            Historic range       endangered or         Status      When listed    habitat       rules
           Common name                Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Mammals
                   *                  *                  *                  *                  *                  *                  *
    Mouse, St. Andrew beach......  Peromyscus            U.S.A. (FL)........  Entire.............  E                       655           NA           NA
                                    polionotus
                                    peninsularis.
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: December 7, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-33552 Filed 12-17-98; 8:45 am]
BILLING CODE 4310-55-P