[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Proposed Rules]
[Pages 37363-37369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14365]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2013-0023; 4500030113]
RIN 1018-AY50


Endangered and Threatened Wildlife and Plants; Listing 
Determination for the New Mexico Meadow Jumping Mouse

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
list the New Mexico meadow jumping mouse (Zapus hudsonius luteus) as an 
endangered species under the Endangered Species Act (Act). If we 
finalize this rule as proposed, it would extend the Act's protections 
to this subspecies and its critical habitat. The effect of these 
regulations will be to conserve the New Mexico meadow jumping mouse and 
protect its habitat under the Act.

DATES: We will accept comments received or postmarked on or before 
August 19, 2013. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES section, below) must be received by 
11:59 p.m. Eastern Time on the closing date. We must receive requests 
for public hearings, in writing, at the address shown in the ADDRESSES 
section by August 5, 2013.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R2-ES-2013-0023, 
which is the docket number for this rulemaking. You may submit a 
comment by clicking on ``Comment Now!''.
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R2-ES-2013-0023; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, MS 2042-PDM; Arlington, VA 22203.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Wally Murphy, Field Supervisor, U.S. 
Fish and Wildlife Service, New Mexico Ecological Services Field Office, 
2105 Osuna NE., Albuquerque, NM 87113; by telephone 505-346-2525; or by 
facsimile 505-346-2542. Persons who use a telecommunications device for 
the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 
800-877-8339.

SUPPLEMENTARY INFORMATION: 

Executive Summary

    Why we need to publish a rule. Under the Act, if a species is 
determined to be an endangered or threatened species throughout all or 
a significant portion of its range, we are required to promptly publish 
a proposal in the Federal Register and make a determination on our 
proposal within 1 year. Critical habitat shall be designated, to the 
maximum extent prudent and determinable, for any species determined to 
be an endangered or threatened species under the Act. Listing a species 
as an endangered or threatened species and designations and revisions 
of critical habitat can only be completed by issuing a rule. Elsewhere 
in today's Federal Register (and available online at 
www.regulations.gov at Docket Number FWS-R2-ES-2013-0014), we propose 
to designate critical habitat for the New Mexico meadow jumping mouse 
(Zapus hudsonius luteus) under the Act.
    This rule consists of: A proposed rule to list the New Mexico 
meadow jumping mouse as an endangered species. The New Mexico meadow 
jumping mouse is currently a candidate species for which we have on 
file sufficient information on biological vulnerability and threats to 
support preparation of a listing proposal, but for which development of 
a listing regulation has been precluded by other higher priority 
listing activities. This rule reassesses all available information 
regarding status of and threats to the New Mexico meadow jumping mouse.
    The basis for our action. Under the Act, we can determine that a 
species is an endangered or threatened species based on whether we find 
that it is in danger of extinction throughout all or a significant 
portion of its range now (endangered) or likely to become endangered in 
the foreseeable future (threatened). As part of our analysis we 
consider whether it is threatened or endangered because of any factors 
affecting its continued existence.
    We will seek peer review. We are seeking comments from 
knowledgeable individuals with scientific expertise to review our 
analysis of the best available science and application of that science 
and to provide any additional scientific information to improve this 
proposed rule. Because we will consider all comments and information 
received during the comment period, our final determinations may differ 
from this proposal.

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from the public, other concerned governmental 
agencies, Native American tribes, the scientific community, industry, 
or any other interested parties concerning this proposed rule. We 
particularly seek comments concerning:
    (1) The New Mexico meadow jumping mouse's biology, range, and 
population trends, including:
    (a) Biological or ecological requirements of the species, including 
habitat requirements for feeding, breeding, and sheltering;
    (b) Genetics and taxonomy;
    (c) Historical and current range including distribution patterns;
    (d) Historical and current population levels, and current and 
projected trends; and
    (e) Past and ongoing conservation measures for the species, its 
habitat, or both.
    (2) Factors that may affect the continued existence of the species, 
which may include habitat modification or destruction, overutilization, 
disease, predation, the inadequacy of existing regulatory mechanisms, 
or other natural or manmade factors.
    (3) Biological, commercial trade, or other relevant data concerning 
any threats (or lack thereof) to this species and existing regulations 
that may be addressing those threats.
    (4) Additional information concerning the historical and current 
status, range, distribution, and population size of this species, 
including the locations of any additional populations of this species.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to

[[Page 37364]]

allow us to verify any scientific or commercial information you 
include.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act directs that 
determinations as to whether any species is a threatened or endangered 
species must be made ``solely on the basis of the best scientific and 
commercial data available.''
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via http://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the Web site. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on http://www.regulations.gov. 
Please include sufficient information with your comments to allow us to 
verify any scientific or commercial information you include.
    The May 2013 New Mexico Meadow Jumping Mouse Species Status 
Assessment Report (SSA Report; Service 2013, entire; see Status 
Assessment for the New Mexico Meadow Jumping Mouse section below), as 
well as comments and materials we receive and other supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, New Mexico Ecological Services Field Office (see FOR 
FURTHER INFORMATION CONTACT).

Previous Federal Actions

    On December 6, 2007, the New Mexico meadow jumping mouse (Zapus 
hudsonius luteus) (jumping mouse) was made a candidate for listing (72 
FR 69033) under the Act. In 2008, we received a petition to list the 
jumping mouse, which was already on the candidate list, and published 
our petition finding on December 10, 2008 (73 FR 75176). Because the 
New Mexico meadow jumping mouse was previously identified through our 
candidate assessment process, the species had already received the 
equivalent of a substantial 90-day finding and a warranted, but 
precluded, 12-month finding (see 72 FR 69033, December 6, 2007). 
Through the annual candidate review process (73 FR 75176, December 10, 
2008; 74 FR 57804, November 9, 2009; 75 FR 69222, November 10, 2010; 
and 76 FR 66370, October 26, 2011), the Service continued to solicit 
information from the public regarding life history and current status 
of the species, historical and current distribution and abundance, 
potential factors for the species decline (e.g., habitat loss, 
drought), and ongoing conservation measures being taken to protect the 
species.

Status Assessment for the New Mexico Meadow Jumping Mouse

Introduction

    The SSA Report (Service 2013, entire), available online at 
www.regulations.gov, Docket No. FWS-R2-ES-2013-0023, provides a 
thorough assessment of jumping mouse biology and natural history and 
assesses demographic risks (such as small population sizes), threats, 
and limiting factors in the context of determining viability and risk 
of extinction for the species. In the SSA Report, we compile biological 
data and a description of past, present, and likely future threats 
(causes and effects) facing the New Mexico meadow jumping mouse. 
Because data in these areas of science are limited, some uncertainties 
are associated with this assessment. Where we have substantial 
uncertainty, we have attempted to make our necessary assumptions 
explicit in the SSA Report. We base our assumptions in these areas on 
the best available information. Importantly, the SSA Report does not 
represent a decision by the Service on whether this taxon should be 
proposed for listing as a threatened or endangered species under the 
Act. The SSA Report does, however, provide the scientific basis that 
informs our regulatory decisions, which involve the further application 
of standards within the Act and its regulations and policies.

Summary of Biological Status and Threats

    Our SSA Report documents the results of the comprehensive 
biological status review for the New Mexico meadow jumping mouse 
(jumping mouse) and provides a thorough account of the species' overall 
viability and, conversely, extinction risk (Service 2013, entire). The 
following is a summary of the results and conclusions from the SSA 
Report.
    The jumping mouse is a small mammal whose historical distribution 
likely included riparian wetlands along streams in the Sangre de Cristo 
and San Juan Mountains from southern Colorado to central New Mexico, 
including the Jemez and Sacramento Mountains and the Rio Grande Valley 
from Espanola to Bosque del Apache National Wildlife Refuge, and into 
parts of the White Mountains in eastern Arizona.
    In conducting our status assessment we first considered what the 
jumping mouse needs to ensure viability. We generally define viability 
as the ability of the species to persist over the long term and, 
conversely, to avoid extinction. We next evaluated whether the 
identified needs of the jumping mouse currently are available and the 
repercussions to the species when fulfillment of those needs is missing 
or diminished. We then consider the factors that are causing the 
species to lack what it needs, including historical, current, and 
future factors. Finally, considering the information reviewed, we 
evaluate the current status and future viability of the species in 
terms of resiliency, redundancy, and representation.
    Resiliency is the ability of the species to withstand stochastic 
events (arising from random factors such as weather, flooding, or fire) 
and, in the case of the jumping mouse, is best measured by habitat 
size. Redundancy is the ability of a species to withstand catastrophic 
events by spreading the risk and can be measured through the 
duplication and distribution of resilient populations across the range 
of the jumping mouse. Representation is the ability of a species to 
adapt to changing environmental conditions and can be measured by the 
breadth of genetic diversity within and among populations and the 
ecological diversity of populations across the species' range. In the 
case of the jumping mouse, we evaluate representation based on the 
extent of the geographical range as an indicator of genetic and 
ecological diversity. The main areas of uncertainty in our analysis 
include the minimum amount of suitable habitat needed to support 
resilient populations and the number of redundant populations needed to 
provide for adequate redundancy and representation.
    Our assessment concluded that the jumping mouse has an overall low 
viability (probability of persistence) in the near term (between now 
and the next 10 years) and a decreasing viability in the long-term 
future (beyond 10 years). In this summary, we present an overview of 
the comprehensive biological status review. A detailed

[[Page 37365]]

discussion of the information supporting this overview can be found in 
the SSA Report.
    For the New Mexico meadow jumping mouse to be considered viable, 
individual mice need specific vital resources for survival and 
completion of their life history. One of the most important aspects of 
the jumping mouse life history is that it hibernates about 8 or 9 
months out of the year, longer than most mammals. Conversely, it is 
only active 3 or 4 months during the summer. Within this short 
timeframe, it must breed, birth and raise young, and store up 
sufficient fat reserves to survive the next year's hibernation period. 
In addition, jumping mice only live 3 years or less and have one small 
litter annually with seven or fewer young, so the species has limited 
capacity for high population growth rates due to this low fecundity. As 
a result, if resources are not available in a single season, jumping 
mice populations would be greatly stressed.
    The jumping mouse has exceptionally specialized habitat 
requirements to support these life-history needs and maintain adequate 
population sizes. Habitat requirements are characterized by tall 
(averaging at least 61 cm (24 in)), dense riparian herbaceous 
vegetation (plants with no woody tissue) primarily composed of sedges 
(plants in the Cyperaceae Family that superficially resemble grasses 
but usually have triangular stems) and forbs (broad-leafed herbaceous 
plants). This suitable habitat is found only when wetland vegetation 
achieves full growth potential associated with perennial flowing water. 
This vegetation is an important resource need for the jumping mouse 
because it provides vital food sources (insects and seeds), as well as 
the structural material for building day nests that are used for 
shelter from predators. The jumping mouse must have rich, abundant food 
sources during the summer so it can accumulate sufficient fat reserves 
to survive their long hibernation period. In addition, individual 
jumping mice also need intact upland areas (areas up gradient and 
beyond the floodplain of rivers and streams) adjacent to riparian 
wetland areas because this is where they build nests or use burrows to 
give birth to young in the summer and to hibernate over the winter. 
Some uncertainty exists about the particular location of hibernation 
sites relative to riparian areas.
    These suitable habitat conditions need to be in appropriate 
locations and of adequate sizes to support healthy populations of the 
jumping mouse. Historically, these wetland habitats would have been in 
large patches located intermittently along long stretches of streams. 
The ability of jumping mouse populations to be resilient to adverse 
stochastic events depends on the robustness of a population and the 
ability to recolonize if populations are extirpated (the loss of a 
population or a species from a particular geographic region). Because 
counting individual mice to assess population sizes is very difficult 
and data are unavailable, we can best measure population health by the 
size of the intact, suitable habitat available.
    In considering the area needed for maintaining resilient 
populations of adequate size with the ability to endure adverse events, 
we estimate that resilient populations of jumping mice need suitable 
habitat in the range of at least about 27.5 to 73.2 ha (68 to 181 ac) 
of along 9 to 24 km (6 to 15 mi) of flowing streams, ditches, or 
canals. The minimum area needed is given as range due to the 
uncertainty of an absolute minimum and because local conditions within 
drainages will vary. This distribution and amount of suitable habitat 
would allow for multiple subpopulations of jumping mice to exist along 
drainages and would provide for sources of recolonization if some areas 
were extirpated due to disturbances. The suitable habitat patches must 
be relatively close together because the jumping mouse has limited 
dispersal capacity for natural recolonization. Rangewide, we determined 
that the jumping mouse needs at least two resilient populations (where 
at least two existed historically) within each of eight identified 
geographic conservation areas. This number and distribution of 
resilient populations is expected to provide the species with the 
necessary redundancy and representation to provide for viability.
    The jumping mouse life history (short active period, short 
lifespan, low fecundity, specific habitat needs, and low dispersal 
ability) makes populations highly vulnerable to extirpations when 
habitat is lost and fragmented. Based on historical (1980s and 1990s) 
and current (from 2005 to 2012) data, the distribution and abundance of 
the New Mexico meadow jumping mouse has declined significantly 
rangewide. The majority of local extirpations have occurred since the 
late 1980s to early 1990s as we found about 70 formerly occupied 
locations are now considered to be extirpated.
    Since 2005, researchers have documented 29 remaining populations 
spread across the 8 conservation areas (2 in Colorado, 15 in New 
Mexico, and 12 in Arizona). Nearly all of the current populations are 
isolated and widely separated, and all of the 29 populations located 
since 2005 have patches of suitable habitat that are too small to 
support resilient populations of jumping mouse. None of them are larger 
than the needed 27.5 to 73.2 ha (68 to 181 ac), and over half of them 
are only a few acres in size. In addition, 11 of the 29 populations 
documented as extant since 2005 have been substantially compromised 
since 2011 (due to water shortages, excessive grazing, or wildfire and 
postfire flooding), and these populations could already be extirpated. 
Seven additional populations in Arizona may also be compromised due to 
postfire flooding following large recent wildfires. At this rate of 
population extirpation (based on known historical population losses and 
possible recent population losses) the probability of persistence of 
the species as a whole is severely compromised in the near term.
    Four of the eight conservation areas have two or more locations 
known to be occupied by the mouse since 2005, but all are insufficient 
(too small) to support resilient populations. The remaining four 
conservation areas have only one known location occupied by the mouse 
since 2005, and each population is insufficient (too small) to be 
resilient. Therefore, although researchers have some uncertainty about 
population sizes of extant localities, the jumping mouse does not 
currently have the number and distribution of resilient populations to 
provide the needed levels of redundancy and representation (genetic and 
ecological diversity) for the species to demonstrate viability.
    We next analyzed the past, present, and likely future threats 
(causes and effects) that may put jumping mouse populations at risk of 
future extirpation. Because the jumping mouse requires such specific 
suitable habitat conditions, populations have a high potential for 
extirpation when habitat is altered or eliminated. And because of the 
current conditions of isolated populations, when localities are 
extirpated there is little or no opportunity for natural recolonization 
of the area due to the species' limited dispersal capacity.
    We found a significant reduction in occupied localities likely due 
to cumulative habitat loss and fragmentation across the range of the 
jumping mouse. The past and current habitat loss has resulted in the 
extirpation of historical populations, reduced the size of existing 
populations, and isolated existing small populations. Ongoing and 
future habitat loss is expected to result in additional extirpations of 
more populations. The

[[Page 37366]]

primary sources of past and future habitat losses are from grazing 
pressure (which removes the needed vegetation) and water management and 
use (which causes vegetation loss from mowing and drying of soils), 
lack of water due to drought (exacerbated by climate change), and 
wildfires (also exacerbated by climate change). Additional sources of 
habitat loss are likely to occur from scouring floods, loss of beaver 
ponds, highway reconstruction, residential and commercial development, 
coalbed methane development, and unregulated recreation.
    These multiple sources of habitat loss are not acting 
independently, but likely produce cumulative impacts that magnify the 
effects of habitat loss on jumping mouse populations. Historically, 
larger connected populations of jumping mice would have been able to 
withstand or recover from local stressors, such as habitat loss from 
drought, wildfire, or floods. However, the current condition of small 
populations makes local extirpations more common. And the isolated 
state of existing populations makes natural recolonization of impacted 
areas highly unlikely or impossible in most areas.
    Considering the species' biological status now and its likely 
status into the future, without active conservation (i.e., grazing 
management and water management) existing populations are vulnerable to 
extirpation (at least 11 have already undergone substantial impacts 
since 2011) and, therefore, the species as a whole is currently at an 
elevated risk of extinction. None of the 29 populations known to exist 
since 2005 is of sufficient size to be resilient. Assuming this rate of 
population loss continues similar to recent years, the number of 
populations could be severely curtailed in the near term eliminating 
the level of redundancy needed to withstand catastrophic drought and 
wildfire, along with the additive impacts of multiple threats. In 
addition to past sources of habitat loss, ongoing grazing, water 
shortages, and high-impact wildfire (the latter two exacerbated by 
climate change), in addition to localized actions, will continue to put 
all of the remaining locations at considerable risk to extirpation in 
the near term (between now and the next 10 years) and increasing over 
the long term. In considering the needed level of representation, while 
sufficient diversity likely still exists across the eight conservation 
areas, the species representation is relatively low because none of 
these conservation areas currently have resilient populations. 
Therefore, we conclude that the overall probability of persistence is 
low in the near term and decreasing in the future due to the lack of 
adequate resiliency, redundancy, and representation.

Determination

Standard for Review

    Section 4 of the Act, and its implementing regulations at 50 CFR 
part 424, set forth the procedures for adding species to the Federal 
Lists of Endangered and Threatened Wildlife and Plants. Under section 
4(b)(1)(a), the Secretary is to make threatened or endangered 
determinations required by subsection 4(a)(1) solely on the basis of 
the best scientific and commercial data available to her after 
conducting a review of the status of the species and after taking into 
account conservation efforts by States or foreign nations. The 
standards for determining whether a species is threatened or endangered 
are provided in section 3 of the Act. An endangered species is any 
species that is ``in danger of extinction throughout all or a 
significant portion of its range.'' A threatened species is any species 
that is ``likely to become an endangered species within the foreseeable 
future throughout all or a significant portion of its range.'' Per 
section 4(a)(1) of the Act, in reviewing the status of the species to 
determine if it meets the definitions of threatened or endangered, we 
determine whether any species is an endangered species or a threatened 
species because of any of the following five factors: (A) The present 
or threatened destruction, modification, or curtailment of its habitat 
or range; (B) overutilization for commercial, recreational, scientific, 
or educational purposes; (C) disease or predation; (D) the inadequacy 
of existing regulatory mechanisms; and (E) other natural or manmade 
factors affecting its continued existence.

Proposed Listing Status Determination

    Based on our review of the best available scientific and commercial 
information, we conclude that the New Mexico meadow jumping mouse is 
currently in danger of extinction throughout all of its range and, 
therefore, meets the definition of an endangered species. This finding, 
explained below, is based on our conclusions that the species exhibits 
low viability as characterized by having no resilient populations, 
resulting in low overall representation across the species range and no 
level of redundancy. We found the jumping mouse is at an elevated risk 
of extinction now and no data indicate that the situation will improve 
without significant conservation intervention. We, therefore, find that 
the jumping mouse warrants an endangered species listing status 
determination.
    On the basis of our biological review documented in the SSA Report 
assessment, we found that the species is inherently vulnerable to 
population extirpations due to their short active period, short 
lifespan, low fecundity, specific habitat needs, and low dispersal 
ability (Factor E). The species is currently limited to at most 29 
small, isolated populations, all of which are incapable of withstanding 
adverse events, and, therefore, are not resilient (Factor E). This 
total is reduced from nearly 100 locations known historically. Of these 
29 populations where the jumping mice have been found extant since 
2005, at least 11 populations have been substantially compromised in 
the past 2 years and 7 others may have been affected by recent 
wildfires. Because these populations have been compromised, the actual 
current number of extant populations may already be less than 29, and 
other populations are expected to be lost, placing the species at a 
higher risk of extinction.
    The remaining small, isolated jumping mouse populations are 
particularly threatened with extirpation from habitat loss and 
modifications (Factor A). The main sources of habitat loss, 
degradation, and modification, include grazing pressure (which removes 
the needed vegetation), water management and use (which causes 
vegetation loss from mowing and drying of soils), lack of water due to 
drought (exacerbated by climate change), and wildfires (also 
exacerbated by climate change). Additional sources of habitat loss are 
likely to occur from floods, loss of beaver ponds, highway 
reconstruction, residential and commercial development, coalbed methane 
development, and unregulated recreation.
    In addition to the individual sources of habitat loss and 
modification under Factor A, the cumulative effects of the multiple 
sources of habitat loss are acting on populations such that the effects 
on the jumping mouse and their immediacy are significant throughout its 
entire current range. Historically, when populations of jumping mice 
were larger and more connected, the species could have withstood many 
of these adverse events (such as floods or wildfire) or recolonized 
areas after local extirpations. However, the current conditions of 
small and isolated populations reduce the ability of the jumping mouse 
to endure such adverse events, and natural recolonization

[[Page 37367]]

following local extirpations is impossible in most cases.
    We evaluated whether the jumping mouse is in danger of extinction 
now (i.e., an endangered species) or is likely to become in danger of 
extinction in the foreseeable future (i.e., a threatened species). The 
foreseeable future refers to the extent to which the Secretary can 
reasonably rely on predictions about the future in making 
determinations about the future conservation status of the species. A 
key statutory difference between a threatened species and an endangered 
species is the timing of when a species may be in danger of extinction, 
either now (endangered species) or in the foreseeable future 
(threatened species).
    Because of the fact-specific nature of listing determinations, 
there is no single metric for determining if a species is ``in danger 
of extinction'' now. In the case of the jumping mouse, the best 
available information indicates that, while major range reductions 
(that is the overall geographic extent of the species occurrences) have 
not happened, habitat destruction and isolation have resulted in 
significant loss of populations and reductions in total numbers of 
individuals. These losses are ongoing as at least 11 of the 29 known 
populations have been significantly compromised since 2011. Without 
substantial conservation efforts, this trend of population loss is 
expected to continue and result in an elevated risk of extinction of 
the species. Many of the threats faced by the species would not have 
historically been significant, but past reductions in population size 
and fragmentation (mainly due to habitat loss from grazing) causing 
isolation of populations makes the current threats particularly severe. 
As a result, the species is currently at an elevated risk that 
stochastic events (e.g., drought, winter storm, wildfire, and floods) 
will affect all known extant populations making the jumping mouse at a 
high risk of extinction. Therefore, because no resilient populations 
currently exist to support persistence of the jumping mouse, it is in 
danger of extinction throughout all of its range now, and appropriately 
meets the definition of an endangered species (i.e., in danger of 
extinction).
    Under the Act and our implementing regulations, a species may 
warrant listing if it is threatened or endangered throughout all or a 
significant portion of its range. The threats to the survival of this 
species occurs throughout its range and are not restricted to any 
particular significant portion of its range. Accordingly, our 
assessments and determinations apply to this species throughout its 
entire range.
    In conclusion, as described above, the jumping mouse has 
experienced significant reductions in population numbers (based on 
habitat reductions and fragmentation), is especially vulnerable to 
impacts due to its life history and ecology, and is subject to 
significant current and ongoing threats now. After a review of the best 
available scientific information as it relates to the status of the 
species and the five listing factors, we find the New Mexico meadow 
jumping mouse is in danger of extinction now. Therefore, on the basis 
of the best available scientific and commercial information, we propose 
to list the New Mexico meadow jumping mouse as an endangered species, 
in accordance with section 3(6) of the Act. We find that a threatened 
species status is not appropriate for the New Mexico meadow jumping 
mouse because the overall risk of extinction is high at this time 
because none of the existing populations are sufficiently resilient to 
support viable populations and this species is currently in danger of 
extinction.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened species under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing results in public awareness and 
conservation by Federal, State, tribal, and local agencies, private 
organizations, and individuals. The Act encourages cooperation with the 
States and requires that recovery actions be carried out for all listed 
species. The protection required by Federal agencies and the 
prohibitions against certain activities are discussed, in part, below.
    The primary purpose of the Act is the conservation of endangered 
and threatened species and the ecosystems upon which they depend. The 
ultimate goal of such conservation efforts is the recovery of these 
listed species, so that they no longer need the protective measures of 
the Act. Subsection 4(f) of the Act requires the Service to develop and 
implement recovery plans for the conservation of endangered and 
threatened species. The recovery planning process involves the 
identification of actions that are necessary to halt or reverse the 
species' decline by addressing the threats to its survival and 
recovery. The goal of this process is to restore listed species to a 
point where they are secure, self-sustaining, and functioning 
components of their ecosystems.
    Recovery planning includes the development of a recovery outline 
shortly after a species is listed, preparation of a draft and final 
recovery plan, and revisions to the plan as significant new information 
becomes available. The recovery outline guides the immediate 
implementation of urgent recovery actions and describes the process to 
be used to develop a recovery plan. The recovery plan identifies site-
specific management actions that will achieve recovery of the species, 
measurable criteria that determine when a species may be downlisted or 
delisted, and methods for monitoring recovery progress. Recovery plans 
also establish a framework for agencies to coordinate their recovery 
efforts and provide estimates of the cost of implementing recovery 
tasks. Recovery teams (comprising species experts, Federal and State 
agencies, nongovernmental organizations, and stakeholders) are often 
established to develop recovery plans. When completed, the recovery 
outline, draft recovery plan, and the final recovery plan will be 
available on our Web site (http://www.fws.gov/endangered), or from our 
New Mexico Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).
    Implementation of recovery actions generally requires the 
participation of a broad range of partners, including other Federal 
agencies, States, tribal, nongovernmental organizations, businesses, 
and private landowners. Examples of recovery actions include habitat 
restoration (e.g., restoration of native vegetation), research, captive 
propagation and reintroduction, and outreach and education. The 
recovery of many listed species cannot be accomplished solely on 
Federal lands because their range may not occur primarily or solely on 
non-Federal lands. To achieve recovery of these species requires 
cooperative conservation efforts on private, State, and Tribal lands.
    If this species is listed, funding for recovery actions will be 
available from a variety of sources, including Federal budgets, State 
programs, and cost share grants for non-Federal landowners, the 
academic community, and nongovernmental organizations. In addition, 
pursuant to section 6 of the Act, the State of New Mexico would be 
eligible for Federal funds to implement management actions that promote 
the protection and recovery of the New Mexico meadow jumping mouse. 
Information on our grant programs that are available to aid species 
recovery can be found at: http://www.fws.gov/grants.

[[Page 37368]]

    Although the New Mexico meadow jumping mouse is only proposed for 
listing under the Act at this time, please let us know if you are 
interested in participating in recovery efforts for this species. 
Additionally, we invite you to submit any new information on this 
species whenever it becomes available and any information you may have 
for recovery planning purposes (see FOR FURTHER INFORMATION CONTACT).
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered or threatened and with respect to its critical habitat, if 
any is designated. Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR part 402. 
Section 7(a)(4) of the Act requires Federal agencies to confer with the 
Service on any action that is likely to jeopardize the continued 
existence of a species proposed for listing or result in destruction or 
adverse modification of proposed critical habitat. If a species is 
listed subsequently, section 7(a)(2) of the Act 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 consultation with the Service.
    Federal agency actions within the species habitat that may require 
conference or consultation or both as described in the preceding 
paragraph include livestock grazing, irrigation ditch maintenance and 
repair, recreational activities associated with Federal agencies or 
State parks that may affect habitat or the species; issuance of section 
404 Clean Water Act permits by the U.S. Army Corps of Engineers; and 
construction and maintenance of roads or highways by the Federal 
Highway Administration.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all endangered 
wildlife. The prohibitions of section 9(a)(2) of the Act, codified at 
50 CFR 17.21 for endangered wildlife, 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, export, ship 
in interstate commerce in the course of commercial activity, or sell or 
offer for sale in interstate or foreign commerce any listed species. 
Under the Lacey Act (18 U.S.C. 42-43; 16 U.S.C. 3371-3378), 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.
    We may issue permits to carry out otherwise prohibited activities 
involving endangered and threatened wildlife species under certain 
circumstances. Regulations governing permits are codified at 50 CFR 
17.22 for endangered species, and at 17.32 for threatened species. With 
regard to endangered wildlife, a permit must be issued for the 
following purposes: for scientific purposes, to enhance the propagation 
or survival of the species, and for incidental take in connection with 
otherwise lawful activities.
    Our policy, as published in the Federal Register on July 1, 1994 
(59 FR 34272), is 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 a proposed 
listing on proposed and ongoing activities within the range of species 
proposed for listing. The following activities could potentially result 
in a violation of section 9 of the Act; this list is not comprehensive:
    (1) Unauthorized collecting, handling, possessing, selling, 
delivering, carrying, or transporting of the species, including import 
or export across State lines and international boundaries, except for 
properly documented antique specimens of these taxa at least 100 years 
old, as defined by section 10(h)(1) of the Act.
    (2) Unauthorized modification or manipulation of riparian habitat, 
including mowing or burning of occupied habitats, especially during the 
active season (generally May through October).
    (3) Actions that would result in the unauthorized destruction or 
alteration of the species' habitat, as described in this rule or within 
the May 2013 SSA Report (Service 2013). Such activities could include, 
but are not limited to, the removal of riparian shrubs or herbaceous 
vegetation by any means.
    (4) Unauthorized modification of any stream or water body or 
removal or destruction of herbaceous vegetation in any stream or water 
body in which the New Mexico meadow jumping mouse is known to occur.
    (5) Unlawful destruction or alteration of New Mexico meadow jumping 
mouse habitats (e.g., unpermitted instream dredging, impoundment, water 
diversion or withdrawal, channelization, discharge of fill material) 
that impairs essential behaviors such as breeding, feeding, or 
sheltering, or results in killing or injuring a New Mexico meadow 
jumping mouse.
    (6) Capture, survey, or collection of specimens of this taxon 
without a permit from us pursuant to section 10(a)(1)(A) of the Act.
    Questions regarding whether specific activities would constitute a 
violation of section 9 of the Act should be directed to the New Mexico 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), we will seek the expert 
opinions of at least three appropriate and independent specialists 
regarding the scientific information upon which this proposed rule is 
based. The purpose of peer review is to ensure that our listing 
determination and critical habitat designation is based on 
scientifically sound data, assumptions, and analyses. We have invited 
these peer reviewers to comment during this public comment period on 
this proposed designation of critical habitat.
    We will consider all comments and information received during this 
comment period on this proposed rule during our preparation of a final 
determination. Accordingly, the final decision may differ from this 
proposal.

Public Hearings

    Section 4(b)(5) of the Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received within 45 
days after the date of publication of this proposed rule in the Federal 
Register. Such requests must be sent to the address shown in FOR 
FURTHER INFORMATION CONTACT. We will schedule public hearings on this 
proposal, if any are requested, and announce the dates, times, and 
places of those hearings, as well as how to obtain reasonable 
accommodations, in the Federal Register and local newspapers at least 
15 days before the hearing.
    Persons needing reasonable accommodations to attend and participate 
in a public hearing should contact the New Mexico Ecological Services 
Field Office at 505-346-2525, as soon as possible. To allow sufficient 
time to process requests, please call no later than 1 week before the 
hearing date. Information regarding this proposed rule is available in 
alternative formats upon request.

[[Page 37369]]

Required Determinations

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? (5) Is the description of the rule in 
the SUPPLEMENTARY INFORMATION section of the preamble helpful in 
understanding the rule? What else could we do to make the rule easier 
to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street NW., Washington, DC 20240. 
You also may email the comments to this address: [email protected].

National Environmental Policy Act (42 U.S.C. 4321 et seq.)

    We have 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 listing a species as an endangered or threatened species under the 
Endangered Species Act. We published a notice outlining our reasons for 
this determination in the Federal Register on October 25, 1983 (48 FR 
49244).

References

    A complete list of references used in support of this rulemaking is 
available on the Internet at http://www.regulations.gov within the May 
2013 New Mexico Meadow Jumping Mouse Species Status Assessment Report 
(Service 2013, Literature Cited) and upon request from the New Mexico 
Ecological Services Field Office (see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this document are the staff members of the 
New Mexico Ecological Services Field Office.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245; unless 
otherwise noted.
0
2. In Sec.  17.11(h), add an entry for ``Mouse, New Mexico meadow 
jumping'' in alphabetical order under Mammals to the List of Endangered 
and Threatened Wildlife, to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                    Vertebrate
--------------------------------------------------------                        population where                                  Critical     Special
                                                            Historic range       endangered or         Status      When listed    habitat       rules
           Common name                Scientific name                              threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Mammals
 
                                                                      * * * * * * *
Mouse, New Mexico meadow jumping.  Zapus hudsonius       U.S. (NM, AZ, CO)..  U.S. (NM, AZ, CO)..  E               ...........           NA           NA
                                    luteus.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: June 4, 2013.
Rowan W. Gould.
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2013-14365 Filed 6-19-13; 8:45 am]
BILLING CODE 4310-55-P