[Federal Register Volume 67, Number 37 (Monday, February 25, 2002)]
[Proposed Rules]
[Pages 8499-8503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4336]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 12-month Finding 
for a Petition To List the Big Cypress Fox Squirrel

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month petition finding.

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SUMMARY: We, the Fish and Wildlife Service (Service), announce a 12-
month finding for a petition to list the Big Cypress fox squirrel 
(Sciurus niger avicennia) under the Endangered Species Act of 1973, as 
amended (Act). After a review of all available scientific and 
commercial information, we find that listing of the Big Cypress fox 
squirrel is not warranted at this time. We will continue to seek new 
information on the biology, ecology, distribution, and habitat of the 
Big Cypress fox squirrel, as well as potential threats to its continued 
existence. If additional data become available in the future, we may 
reassess the need for listing.

DATES: The finding announced in this document was made on February 15, 
2002.

ADDRESSES: The complete file for this finding, including comments and 
information submitted, is available for public inspection, by 
appointment, during normal business hours at the U.S. Fish and Wildlife 
Service, South Florida Ecological Services Office, 1339 20th Street, 
Vero Beach, FL 32960.

FOR FURTHER INFORMATION CONTACT: David Martin (see ADDRESSES section; 
telephone 561/562-3909 extension 230; facsimile 561/562-4288).

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(B) of the Act requires that, for any petition to 
revise the List of Endangered and Threatened Wildlife and Plants that 
presents substantial scientific and commercial information, we must 
make a finding within 12 months of the date of receipt of the petition 
as to whether the petitioned action is (a) not warranted, (b) 
warranted, or (c) warranted but precluded from immediate proposal by 
other pending proposals of higher priority. Upon making a 12-month 
finding, we must promptly publish notice of such finding in the Federal 
Register.
    The Big Cypress fox squirrel (Sciurus niger avicennia) is a 
subspecies of the fox squirrel (Sciurus niger), which occurs over most 
of the eastern and central United States, extending into south-central 
Canada (Koprowski 1994). The Big Cypress fox squirrel is restricted to 
southwest Florida. Its historic range was southwest Florida from south 
of the Caloosahatchee River, west of the Everglades, to as far south as 
Cape Sable (Williams and Humphrey 1979, Moore 1956). Despite human 
development and changes in land use in the southwestern Florida 
peninsula, the current range of the Big Cypress fox squirrel, based on 
its description in the best available information, is essentially 
unchanged (Humphrey and Jodice 1992, Williams and Humphrey 1979, and 
Moore 1956). Big Cypress fox squirrels have been reported present in 
Hendry and Lee Counties south of the Caloosahatchee River, Collier 
County, the mainland of Monroe County, and extreme western Miami-Dade 
County (a strip of land on the western side of the true Everglades, 
largely in Big Cypress National Preserve) (Humphrey and Jodice 1992, 
Jodice 1990, Wooding 1990, and Williams and Humphrey 1979). The Big 
Cypress fox squirrel is, however, absent from a few areas of its 
historic range like the Cape Sable coast of Everglades National Park in 
the vicinity of Flamingo, Monroe County. (Wooding 1990, Jodice 1990, 
Humphrey and Jodice 1992).
    Fox squirrel research specific to Florida was only begun in the 
1950s (Wooding 1990). Therefore, very little information regarding Big 
Cypress fox squirrels is available from prior to that time. Studies of 
the Big Cypress fox squirrel in its natural habitat are virtually 
nonexistent. Available reports specific to the Big Cypress fox squirrel 
provide limited details regarding the biology of, population status of, 
and threats faced by this fox squirrel range-wide. In addition, no 
recent studies or evaluations of the Big Cypress fox squirrel have been 
conducted. The only recent analysis was conducted on potential Big 
Cypress fox squirrel habitat (WilsonMiller Inc. 2002). The previous 
range-wide report by Cox et al. (1994) on habitat used 1985-1989 
Landsat imagery.
    The State has protected the Big Cypress fox squirrel since 1973, 
when the Florida Fish and Wildlife Commission (Commission) listed it as 
endangered. The State reclassified the Big Cypress fox squirrel to 
threatened in 1979; the species retained protection as a nongame 
species. As a threatened species, Big Cypress fox squirrels and their 
nests cannot be taken or possessed without authorization from the 
Commission.
    Our involvement with the Big Cypress fox squirrel began when we 
identified the Big Cypress fox squirrel as a category 2 candidate 
species in Notices of Review published in the Federal Register on 
December 30, 1982 (47 FR 58454), September 18, 1985 (50 FR 37958), 
January 6, 1989 (54 FR 554), November 21, 1991 (56 FR 58804), and 
November 15, 1994 (59 FR 58982). Prior to 1996, a category 2 species 
was one that we were considering for possible addition to the Federal 
Lists of Endangered and Threatened Wildlife and Plants, but for which 
conclusive data on biological vulnerability and threats were not 
available to support a proposed rule. We identified the Big Cypress fox 
squirrel's status as ``D'' or ``Declining'' in the 1991 and 1994 
Notices of Review. This designation indicates decreasing numbers or 
increasing threats. In addition, we identified a priority for this 
subspecies and most of our other category 2 candidates during the 
completion of the 1991 and 1994 Notices of Review. In 1991, the Big 
Cypress fox squirrel was identified as a priority 9. Based on the 
listing priority system detailed in the Federal Register in 1983 (48 FR 
43103), this priority indicated that the Big Cypress fox squirrel faced 
a moderate to low magnitude of imminent threats. In

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1994, the Big Cypress fox squirrel was identified as a low-priority 
category 2 candidate. We discontinued designation of category 2 species 
in the February 28, 1996, Notice of Review (61 FR 7596). This notice 
redefined candidate to include only species for which we have 
information needed to propose them for listing.
    On January 5, 1998, we received a petition from the Biodiversity 
Legal Foundation, Sidney Maddock, Florida Biodiversity Project, Brian 
Scherf, and Rosalyn Scherf, to list the Big Cypress fox squirrel as a 
threatened species and designate critical habitat concurrently with 
listing. The petitioners stated that the Big Cypress fox squirrel is 
threatened by several factors, including habitat loss, fragmentation, 
and modification; exclusion of fire; predation; road mortality; and 
poaching. After considering the petition and reviewing all available 
scientific and commercial information, we made a 90-day finding that 
the petition to list the Big Cypress fox squirrel presented substantial 
information indicating that the requested action may be warranted. We 
published a notice announcing our finding in the Federal Register on 
September 9, 1998 (63 FR 48165), and initiated a status review on the 
subspecies.
    On December 11, 2000, the petitioners filed a complaint in the U.S. 
District Court for the Southern District of Florida, Key West Division, 
against the U.S. Fish and Wildlife Service (Service), the Director of 
the Service, and the Secretary of the Department of the Interior, 
alleging the Service failed to make a 12-month finding on the petition 
to list the Big Cypress fox squirrel. On September 25, 2001, the U.S. 
Department of Justice entered into a settlement agreement with the 
petitioners in which the Service agreed to complete a 12-month finding 
for the Big Cypress fox squirrel and submit this finding to the Federal 
Register by February 18, 2002.

Summary of Factors Affecting the Species

    Under Section 4(a)(1) of the Act, a species may be determined to be 
threatened or endangered for any one of the following reasons: (1) 
Present or threatened destruction, modification, or curtailment of 
habitat or range; (2) overutilization for commercial, sporting, 
scientific, or educational purposes; (3) disease or predation; (4) 
inadequacy of existing regulatory mechanisms; or (5) other natural or 
manmade factors affecting its continued existence. Listing 
determinations are made solely on the best scientific and commercial 
data available and after taking into account any efforts being made by 
any State or foreign nation to protect the species. We have examined 
each of the five listing factors under the Act for their application to 
the Big Cypress fox squirrel as follows:
    1. The present or threatened destruction, modification, or 
curtailment of its habitat or range. The Big Cypress fox squirrel's 
current range, as described in the best available information, remains 
essentially unchanged (Humphrey and Jodice 1992, Williams and Humphrey 
1979, Moore 1956) from its historic range. This subspecies of fox 
squirrel has been found to use most types of forests within its range, 
including open pinelands (wet or dry), mixed open pine-cypress, mixed 
open pine hardwoods, open hardwood, seasonally used cypress strand and 
edges of cypress dome strands, interiors of cypress domes and strands, 
prairie with interspersed pines or adjacent pineland, live oak 
savannas, and mangrove, cypress, and hardwood swamps. Although many 
questions remain about habitat use and requirements for this squirrel, 
the Big Cypress fox squirrel seems to prefer an open understory in the 
habitat types that it frequents (Ditigen 1999, Wooding 1990, and Brown 
1978). We also believe the Big Cypress fox squirrel is opportunistic in 
its use of available habitat. For example, in addition to the habitat 
types listed above, Big Cypress fox squirrels also persist in urban 
settings where native vegetation is present (Ditigen 1999, Cox et al. 
1994, and Williams and Humphrey 1979). These settings include golf 
courses, city parks, and residential areas that contain or have 
adjacent pine flatwoods, upland fringes of cypress domes, and tropical 
hardwood forests.
    Habitat for the Big Cypress fox squirrel exists on both private 
land and conservation lands within this subspecies' range. We provide a 
brief county-by-county analysis:

Hendry County

    The land ownership is mostly private and land use is mainly 
agriculture and ranching. Most Big Cypress fox squirrel habitat is in 
the northwestern part of the county on several ranches. These areas are 
all medium-sized (1,000-4,000 ha) with existing Big Cypress fox 
squirrel populations (Wooding 1997). Fox squirrels use both pine and 
cypress habitats, as well as improved cattle pastures that have live 
oaks, on ranchlands in Hendry County (Williams and Humphrey 1979). 
Okaloacoochee Slough State Forest is also in this county. The rate of 
population growth for Hendry County as estimated and projected 
gradually decreases between 1990 and 2030. (For all human population 
figures, 1990 and 2000 figures from U.S. Census, available at http://swfloridabusiness.com; ``Projections of Florida Population by County, 
2000-2030,'' produced by the Bureau of Economic and Business Research, 
University of Florida. Data presented at website of Southwest Florida 
Regional Planning Council (see Literature Cited)).

Lee County

    In eastern Lee County, land ownership is similar to Hendry County. 
A notable Big Cypress fox squirrel population in a medium-sized area of 
habitat was found on a ranch in this part of the county (Wooding 1997). 
Wooding also reported Big Cypress fox squirrels from golf courses and 
ranchettes adjacent to this area. Western Lee County is mostly urban or 
residential in and near Ft. Myers and Naples, including the corridor of 
I-75. However, areas of habitat that Big Cypress fox squirrels use 
exist in this area, like Estero Bay State Buffer Preserve and Koreshan 
State Historic Site. Lee County, between 2000 and 2010, will gain the 
greatest number of people (98,412) of all the counties within the range 
of the Big Cypress fox squirrel. We expect this population growth will 
be focused around the I-75 corridor.

Collier County

    The northwestern edge of Collier County is similar to western Lee 
County, with mostly urban or residential areas in and near the Naples 
area and the end of the I-75 corridor. We expect population growth in 
the county to be focused in this area. Wooding (1997) found Big Cypress 
fox squirrels to be common on some golf courses around Naples. In 
addition, Rookery Bay National Estuarine Research Reserve, which has 
reported fox squirrels (Florida Department of Environmental Protection 
2001a), is in this area. The remainder of Collier County to the south 
and east is mostly in public ownership as conservation lands. Big 
Cypress fox squirrels have been reported from all conservation lands in 
this county and one ranch.

Monroe and Miami-Dade Counties

    Monroe County and extreme western Miami-Dade County are largely 
composed of Everglades National Park, where the squirrel is a resident 
and can be found in mangroves, pinelands, and cypress swamp (http://www.nps.gov/ever/eco/mammals.htm). We believe that residential and 
urban land uses in

[[Page 8501]]

this part of the Big Cypress fox squirrel's range are insignificant.

Summary

    Within the geographic range of the Big Cypress fox squirrel, 58 
percent of the potential habitat for this subspecies exists in 
conservation lands (551,855 ac) and a little under 400,000 ac exists on 
nonconservation lands, for a total of 949,000 ac (WilsonMiller Inc. 
2002). Big Cypress fox squirrels occur in nearly all conservation lands 
within their range.
    Recently, WilsonMiller Inc. (2002) evaluated the amount of 
potential habitat available to the Big Cypress fox squirrel in 
southwest Florida, especially in Collier, Hendry, Lee, and Monroe 
counties. It noted that the basis of Cox et al.'s (1994) report, 
especially their choice to use pineland and dry prairie as the 
principal components of Big Cypress fox squirrel habitat and their 
subsequent analysis based on these cover types, was inconsistent with 
Big Cypress fox squirrel habitat types described in current literature 
(Humphrey and Jodice 1992), did not fully account for the occurrence 
data reported by Williams and Humphrey 1979, and underestimated the 
total amount of Big Cypress fox squirrel potential habitat. In its 
analysis, WilsonMiller Inc. used 1995 data to map, with a minimum map 
unit size of 5 acres, habitat types utilized by the fox squirrel and 
consistent with Humphrey and Jodice (1992). The mapped results indicate 
that more than twice as much Big Cypress fox squirrel potential habitat 
(949,000 ac) exists than what was estimated by Cox et al. (about 
414,000 ac). The WilsonMiller Inc. map also indicates large, 
interconnected, forested patches of Big Cypress fox squirrel habitat 
that may allow movement and genetic interchange. According to 
WilsonMiller Inc., its analysis and map correlates well with available 
occurrence data for the Big Cypress fox squirrel and includes 
conservation lands with known Big Cypress fox squirrel residents and 
habitat that was not accounted for by Cox et al. (1994).
    In general, we believe--based on WilsonMiller Inc's (2002) study--
that the Big Cypress fox squirrel has more potential habitat than 
outlined by Cox et al. (1994) (over 900,000 acres) and has additional 
larger patches of habitat than those classified by Wooding (1997). We 
also believe similar to Wooding (1997) that smaller, isolated, 
fragmented pockets of squirrels are surviving in strips and patches of 
habitat, such as golf courses and fringes of residential areas. We 
believe the Big Cypress fox squirrel has been difficult to assess in 
its range. Among other reasons, native fox squirrel habitat is often 
too dense to make behavioral observations (or sightings) from farther 
away than a few meters. (Maehr 1993)
    We believe the majority of population growth in the Big Cypress fox 
squirrel's range will occur in or near the I-75 corridor, mostly in and 
around the south Ft. Myers and Naples areas. Growth and development 
will generally occur west of the majority of Big Cypress fox squirrel 
potential habitat (WilsonMiller Inc. 2002). Habitat important to the 
Big Cypress fox squirrel in this area is under the greatest pressure to 
be developed for residential or commercial purposes. The highest 
density of roads in the Big Cypress fox squirrel's range occurs in this 
area. Roads, depending on the type, level of traffic, and location, may 
fragment Big Cypress fox squirrel habitat or hinder squirrel movement. 
However, no research has been conducted to determine to what degree 
roads may fragment squirrel habitat or hinder squirrel movement. We 
cannot conclude based on current information if road fragmentation 
constitutes a threat to this subspecies' habitat. Based on recorded 
sightings, we do believe squirrels cross some roads and are found near 
them. An area around the I-75 corridor that has been heavily studied 
includes golf courses, which have been found to provide a better green 
space than most development projects, but Big Cypress fox squirrels 
will persist on them only as long as suitable native habitat is 
contiguous to the golf courses (Ditigen 1999).
    A large portion of the Big Cypress fox squirrel's range consists of 
lands purchased for conservation purposes. These lands are mostly in 
Collier, Monroe, and extreme western Miami-Dade Counties and are 
protected from development and have a low density of roads bisecting 
natural habitat. Our available information does not conclusively 
suggest that current management practices on these conservation lands 
constitute a threat to the Big Cypress fox squirrel. For example, 
Humphrey and Jodice (1992) explain that ground fires apparently are 
valuable to the habitats of Big Cypress fox squirrels because they slow 
plant succession, but this specific relationship has not been studied. 
We are encouraged by the efforts of both State and Federal agencies in 
fire planning and prescribed burning. This should result in a more open 
understory for the Big Cypress fox squirrel if burning is not hampered 
by drought conditions for continuous years.
    Hendry County and eastern Lee County, where Wooding (1997) found 
the largest areas of Big Cypress fox squirrel habitat and where 
WilsonMiller Inc. (2002) found only 10 percent of the total potential 
Big Cypress fox squirrel habitat, are under private ownership and are 
not under high pressure to be developed for residential purposes 
(though native Big Cypress fox squirrel habitat here may be converted 
for different land uses, such as citrus production). Big Cypress fox 
squirrels have been reported to occur on ranches. In fact, much of the 
habitat described by Wooding (1997) is on ranches in southern Florida, 
and grazing by cattle may enhance the understory, improving the habitat 
for squirrels (Williams and Humphrey 1979). Even if we assume that Big 
Cypress fox squirrels are not able to use lands converted for citrus 
production or other agricultural purposes, the best available 
information does not indicate that the rate of conversion of native 
habitat in Hendry County poses a threat to this subspecies. According 
to WilsonMiller (2002), Collier, Lee, and Monroe counties, which 
contain 90 percent of the total Big Cypress fox squirrel habitat, 
nearly all of which is in conservation lands, have not undergone a 
significant agricultural expansion. Therefore, we also cannot conclude, 
based on the best available information, that the rate of land 
conversion in these counties poses a threat to this subspecies.
    Mining for rock and sand also occurs in Collier and Lee Counties. 
Some of these operations destroy pine flatwoods or mixed pine-cypress 
areas. In some cases, it may be difficult to separate losses to mining 
from those due to agriculture, because lands are often cleared under 
agricultural permits prior to mining. Mines are an allowed use in 
agriculturally zoned areas in Lee and Collier Counties (K. Dryden and 
A. Eller, Fish and Wildlife Service, personal communication 2000). 
Mining is not a compatible land use if it destroys native squirrel 
habitat.
    Our best available information indicates the Big Cypress fox 
squirrel has lost habitat in some areas to urbanization, agriculture, 
and mining. Nevertheless, conservation lands do cover 58 percent of 
this subspecies' historic range, and areas of habitat exist on private 
ranches and other urban areas. Based on the best available information, 
potential Big Cypress fox squirrel habitat appears to be more than 
twice what was previously estimated. In addition, the Big Cypress fox 
squirrel still occupies most of its historic range in southwest Florida 
and has shown itself to be adaptable, by residing in

[[Page 8502]]

altered habitats such as golf courses and residential areas where 
native habitat is preserved, and mobile in its native habitat. 
Furthermore, quantitative or substantial information on the Big Cypress 
fox squirrel, its status, and its habitat use and requirements is 
lacking. Therefore, based on uncertainties about how this fox squirrel 
uses its native habitat and on the actual status of the Big Cypress fox 
squirrel population, and due to the amount of available potential 
habitat to this fox squirrel, we cannot conclude that the Big Cypress 
fox squirrel is threatened or endangered due to the destruction or 
curtailment of its habitat or range.
    2. Overutilization for commercial, recreational, scientific, or 
educational purposes. The Big Cypress fox squirrel has been protected 
from hunting since 1973, when the State listed it as an endangered 
species. The State later reclassified the Big Cypress fox squirrel to 
threatened in 1979, but it retained protection as a nongame species. 
Elsewhere in Florida, fox squirrel hunting formerly was a popular 
activity, but interest dropped off (Wooding 1990), which is one factor 
that led to the closure of fox squirrel hunting statewide as of the 
1996-1997 hunting season (Wooding 1997). Despite concerns that ``people 
were still shooting'' fox squirrels as discussed in the petition, we do 
not have evidence that poaching of fox squirrels constitutes a threat 
to this subspecies. Also, no information is available to confirm that 
Big Cypress fox squirrel populations may have suffered long-term 
reduction in size due to legal hunting.
    3. Disease or predation. A skin fungus has been identified as a 
source of mortality for Big Cypress fox squirrels found in urban areas. 
During Ditgen's (1999) study of fox squirrels on golf courses in 
southwest Florida, she noted at least eight individuals with a fungus 
causing heavy fur loss and a blackened crusting of the skin. Ditgen 
reported that two Big Cypress fox squirrels died as a result of the 
skin fungus during her study. One collared individual survived the 
fungus infestation and regained a thick, healthy coat. No researchers 
have suggested that this fungus threatens urban Big Cypress fox 
squirrel populations. A pox outbreak was reported in eight counties in 
southeast and central Florida outside the range of the Big Cypress fox 
squirrel during the 1990's. Although no cases have been reported 
affecting Big Cypress fox squirrels, one infected Sherman's fox 
squirrel was observed (T. Regen, Florida Fish and Wildlife Conservation 
Commission, personal communication 1999). Mosquitoes transmit the 
disease, which only affects squirrels. No known treatment or vaccine is 
available. At this time, we have no evidence that pox is likely to pose 
a threat to the Big Cypress fox squirrel. In addition, Big Cypress fox 
squirrels, like other fox squirrels, are susceptible to parasites, but 
we have no evidence that parasites pose a threat to the Big Cypress fox 
squirrel. As the petitioners state, based on a study of fox squirrel 
parasites, the prevalences and intensities were much lower in Big 
Cypress fox squirrels.
    Predation may limit the sizes of Big Cypress fox squirrel 
populations. All fox squirrels spend much of their time on the ground, 
where they are more vulnerable to predation than when in trees 
(Humphrey and Jodice 1992). Known predators of Big Cypress fox 
squirrels include bobcats (Felis rufus), gray and red foxes (Vulpes 
vulpes), and domestic cats (Felis sylvestris) (Ditgen 1999). Small 
mammals are inherently subject to predation. However, the best 
available information does not lead us to the conclusion that disease 
or predation has caused the species to meet the definition of 
threatened or endangered.
    4. Inadequacy of existing regulatory mechanisms. The Big Cypress 
fox squirrel is listed as threatened by the Florida Fish and Wildlife 
Conservation Commission (Commission) under Rule 68A-27.004 (formerly 
39-27.004) of the Florida Administrative Code. This rule provides that 
no one may take, possess, transport, molest, harass, or sell any 
threatened species, their parts, or their nests except as authorized by 
a permit from the Commission. Permits are issued for conservation 
purposes or scientific purposes only after the applicant shows the 
activity will not have a negative impact on the survival of the 
threatened species. The Commission typically has not authorized the 
take of animals, but does authorize take of nest trees and nests 
outside of nesting season when the nest is not active (J. Beever, 
Florida Fish and Wildlife Conservation Commission, personal 
communication 2000). The Commission also provides technical assistance 
and recommendations to other government agencies that regulate 
development activities in the Big Cypress fox squirrel range. According 
to Section 372.0725 of the Florida Statutes, it is unlawful for anyone 
to kill or wound a Big Cypress fox squirrel or to intentionally destroy 
the nest of a Big Cypress fox squirrel, except as provided for in the 
rules by the Commission. Most other State agencies have not promulgated 
specific regulations to protect this or other animals, but instead help 
enforce the Commission's regulatory protections for wildlife. On many 
State lands managed by agencies other than the Commission, the hunting 
season, including permits, is managed by the Commission under its 
Wildlife Management Area program. Such properties include Picayune 
Strand and Okaloacoochee State Forests. On these properties, the 
Commission has the lead responsibility for activities that involve the 
take of wildlife.
    Under the Environmental Resources Permitting program (ERP) 
implemented by the South Florida Water Management District (SFLWMD), 
Big Cypress fox squirrels and Big Cypress fox squirrel habitat on 
private lands receive protection. The Big Cypress fox squirrel has been 
designated under this program as an aquatic or wetland-dependent 
species that uses upland habitat for nesting. In order to get a permit 
from SFLWMD to begin an activity, like converting land for agricultural 
purposes, the landowner must provide assurances that the activity will 
not adversely impact the value of wetlands and other surface waters for 
Big Cypress fox squirrels, the value of uplands for nesting (foraging 
areas or wildlife corridors are not included), and will not cause 
adverse secondary impacts to the Big Cypress fox squirrel. (Basis of 
Review for ERP applications, January 2001, as referenced in Chapter 
40E-4, Florida Administrative Code). As such, its upland nest and 
wetland areas receive consideration during the wetland permitting 
review. Projects where this subspecies or its habitat have been 
observed through surveys are required to preserve onsite habitat, 
implement a Big Cypress fox squirrel management plan, and minimize the 
spread of exotic plants onsite.
    On all properties under jurisdiction of the Florida Division of 
Recreation and Parks, collection of specimens is allowed only by 
permit. This includes Collier-Seminole State Park and Fakahatchee 
Strand State Preserve Park. This prohibition is in addition to the 
statewide prohibition of take of Big Cypress fox squirrels imposed by 
the Commission. Other State land-managing agencies have similar 
authority to regulate public access and to manage the vegetation and 
other natural resources. Lands managed by the Florida Department of 
Environmental Protection (FLDEP) are protected by State park 
regulations. Also, Big Cypress fox squirrels and other resources on 
Federal conservation lands are protected by rules imposed by land 
management agencies, such as the National Park Service for Big Cypress 
National Preserve, to generally protect resources. In both cases, use 
of motor vehicles is

[[Page 8503]]

regulated or restricted, and take of Big Cypress fox squirrels is 
prohibited.
    Substantial areas of Big Cypress fox squirrel habitat are on 
conservation lands or on private lands not currently threatened by 
development. Regulatory mechanisms exist that prevent direct take, and 
ERP rules provide some protection to the species' habitat. Therefore, 
the available information does not lead us to conclude that the species 
is threatened or endangered due to inadequacy of existing regulatory 
mechanisms.
    5. Other natural or manmade factors affecting its continued 
existence. Fox squirrel reproduction varies greatly from year to year 
in response to food supplies. There are few data on how Big Cypress fox 
squirrels utilize their native habitats and on how many squirrels exist 
in these habitats. Based on the best available information, we do not 
believe that food availability is currently a threat that could lead 
the fox squirrel toward extinction.
    Based on current information and recorded sightings, we believe Big 
Cypress fox squirrels cross roads and are found near them. Road 
mortality is documented for the Big Cypress fox squirrel, but a very 
large portion of this subspecies' habitat has few, if any roads, so 
road mortality in these areas is likely to be minimal. While road 
mortality may cause declines in numbers of squirrels in certain urban 
areas or other areas with roads, in the absence of demographic data, we 
have no evidence that the subspecies is threatened by road mortality.
    No studies have documented the effects of pesticides on Big Cypress 
fox squirrels, and we have no evidence that poisoning is a major cause 
of mortality for big Cypress fox squirrels on golf courses. Poisoning 
has not been documented sufficiently for us to consider it a threat to 
the continued existence of the species.
    Hurricanes in 1935 (Labor Day), 1960 (Donna), and 1992 (Andrew) 
extensively damaged squirrel habitat (Moore 1956, Brown 1971). The 1960 
hurricane toppled nearly all the suitable nesting trees in Everglades 
City and virtually eliminated a Big Cypress fox squirrel population 
that inhabited a public park (Brown 1971, Humphrey and Jodice 1992). 
None of the three catastrophic hurricanes since 1930 impacted more than 
a fraction of the squirrel's range. The range of the subspecies is 
large enough to ensure that catastrophic hurricane damage is unlikely 
throughout the range in any 1 year. The Big Cypress fox squirrel and 
other southeastern fox squirrel subspecies have evolved under 
conditions of periodic hurricane disturbances, the most important of 
which for fox squirrels is probably large-scale destruction of trees. 
Therefore, we do not believe that hurricanes are a threat to the 
continued existence of the Big Cypress fox squirrel.

Finding

    We have reviewed the petition, the literature cited in the 
petition, other available literature and information, and consulted 
with species experts and other individuals familiar with the Big 
Cypress fox squirrel. On the basis of the best available scientific and 
commercial information, we find that the petitioned action is not 
warranted at this time. The status review revealed a lack of reliable 
data and information on the current status and any trend in density and 
abundance of Big Cypress fox squirrels in natural or seminatural 
habitats over time. In particular, we have no reliable information on 
the sizes of Big Cypress fox squirrel populations on conservation lands 
or private lands in southwest Florida, and the most recent information 
on Big Cypress fox squirrels on privately owned ranches in Lee and 
Hendry Counties is from a very brief survey conducted in 1989 (Wooding 
1997). Studies as described in this finding and in our available 
literature indicate the Big Cypress fox squirrel has lost habitat in 
some areas to urbanization, agriculture, and mining. Nevertheless, 
conservation lands cover 58 percent of this subspecies' historic range, 
and areas of habitat exist on private ranches and other urban areas.
    Based on the best available information, potential Big Cypress fox 
squirrel habitat appears to be more than twice what was previously 
estimated. In addition, the Big Cypress fox squirrel still occupies 
most of its historic range in southwest Florida and has shown itself to 
be adaptable, by residing in altered habitats such as golf courses and 
residential areas where native habitat is preserved, and mobile in its 
native habitat. Furthermore, quantitative or substantial information on 
the Big Cypress fox squirrel, its status, and its habitat use and 
requirements is lacking. Therefore, based on uncertainties about how 
this fox squirrel uses its native habitat and on the actual status of 
the Big Cypress fox squirrel population, and due to the amount of 
available potential habitat to this fox squirrel, we cannot conclude 
that the Big Cypress fox squirrel is threatened or endangered due to 
the destruction or curtailment of its habitat or range.
    We found no evidence that the species is threatened by 
overutilization for commercial, recreational, or educational purposes 
(i.e., poaching), nor by disease or predation. We also have no data to 
show that inadequacies in the existing regulatory mechanisms may 
threaten the survival of the Big Cypress fox squirrel. Thus, we cannot 
conclude that the Big Cypress fox squirrel qualifies for listing as an 
endangered or threatened species due to any of the five factors as 
defined in the Act. Because the available information does not 
demonstrate that the Big Cypress fox squirrel meets the definition of 
threatened or endangered, we find that listing the Big Cypress fox 
squirrel (Sciurus niger avicennia) as threatened is not warranted at 
the present time.

References Cited

    A complete list of all references cited in this document, as well 
as others, is available upon request from the South Florida Ecological 
Services Office (see ADDRESSES section).

Author

    The primary author of this document is David L. Martin (see 
ADDRESSES section).

    Authority: The authority for this action is the Endangered 
Species Act (16 U.S.C. 1531 et seq.).

    Dated: February 15, 2002.
Steve Williams,
Director, Fish and Wildlife Service.
[FR Doc. 02-4336 Filed 2-22-02; 8:45 am]
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