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14098 Federal Register / Vol. 62, No. 57 / Tuesday, March 25. 1997 / Proposed Rules t <br /> Patterns of capture suggest that regulations and policies have limited in Wyoming are known to support <br /> populations may fluctuate over time at protection authority and scope since Preble's populations. Based on numbers <br /> occupied sites, raising questions Preble's is not a federally proposed or of Preble's,extent of suitable habitat. <br /> regarding status of documented listed species.These statutes only and land ownership. Rocky Flats and <br /> populations. This report is based on the recommend, not require,that projects the Air Force Academy appear to be the <br /> best scientific data currently available. carried out, funded,or permitted by the sites with the greatest potential for <br /> In that context. Preble's appears to have Federal government attempt to mitigate maintaining Preble's. Riparian habitats <br /> undergone a significant decline in impacts to species of special concern. required to support Preble's have been <br /> range. As the summary above Colorado Division of Wildlife severely modified or destroyed by <br /> demonstrates, a large number of known Regulations (Chapter 10. Article IV) human development in many areas east <br /> and potential threats to its continued classify Z. hudsonius the as a of the Colorado Front Range and in <br /> existence have been documented. ..nongame" species.This designation southeastern Wyoming. With current <br /> B. Overutilization for commercial. means that permits must be obtained for human population increases, the loss <br /> recreational,scientific, or educational take of Preble's meadowjumping mouse and modification of riparian habitat <br /> purposes.The Preble's meadowjumping related to scientific, educational, or continues unabated. Existing regulations <br /> mouse has no known commercial or rehabilitation purposes. Preble's is a have proven to be inadequate to protect <br /> recreational value. Scientific and "species of special concern" in Preble's,as witnessed by its <br /> educational collecting has not been Colorado: however, this is not a documented decline and the continued <br /> widespread over the past century. statutory designation. In Wyoming,the destruction and modification of its <br /> Overutilization is not currently thought Wyoming Game and Fish Department habitats. <br /> to contribute to decline in the mouse's has classified Z. hudsonius as a <br /> populations. nongame species protected under The Service has carefully assessed the <br /> C. Disease or predation.The Preble's Wyoming Game and Fish Department best scientific and commercial j <br /> meadowjumping mouse, as well as Nongame Wildlife Regulations information available regarding the past, <br /> other native rodents, carries parasites promulgated by WF23-1-103 and 23-1- present, and future threats faced by this <br /> and diseases that may reduce vigor. 302.This designation protects Preble's species in determining to propose this <br /> curtail reproductive success, and cause from takings and sales by only issuing rule. Based on this evaluation.the <br /> death.There is no evidence that permits for the purpose of scientific preferred action is to list the Preble's <br /> epizootic disease has caused significant collection. While the above regulations meadowjumping mouse as an <br /> impact to Preble's.While plague is limit the taking of Preble's, they provide endangered species. The Service has <br /> regularly found in other rodent species no measures to protect the habitats determined that the Preble's meadow <br /> within Preble's range, its impact to critical to the survival of the species. jumping mouse is in danger of <br /> Preble's populations is not known. State listing encourages State agencies extinction throughout all or a significant <br /> Predation on the Preble's meadow to allocate funds and exercise authority portion of its range and therefore meets <br /> jumping mouse has always existed as a to achieve recovery,stimulate research, the requirements to be listed as <br /> naturally occurring association between and allow redirection of priorities endangered. On September 5, 1995, the <br /> predator and prey. While evidence is within State natural resource Preble's meadow jumping mouse was <br /> scant, human development may have departments. However, without determined by the Service to have a <br /> altered this relationship. Armstrong et additional measures to protect habitat, listing priority of three.This priority <br /> al. (1996) recommended studies be such State laws are generally emphasizes the need of this species to <br /> conducted on influences of the inadequate.There are no known be protected under the Act. <br /> suburban environment and associated regional or local laws, regulations,or Following publication of the proposed <br /> densities of species such as striped ordinances that specifically protect rule in the Federal Register, peer review <br /> skunk (Mephitis mephitis), raccoon Preble's or its habitat from inadvertent by appropriate experts will occur. <br /> (Procyon lotor), and the domestic cat or intentional adverse impacts. <br /> (Felis catus) on Preble's. Free-ranging E. Other natural or manmade factors Responses from the peer review process <br /> domestic cats may locally present a affecting its continued existence.Use of will be incorporated into any final rule <br /> problem to Preble's. Corn et al. (1995) pesticides and herbicides has for listing Preble's meadowjumping <br /> recommended a 1.5 km (.9 mi) setback undoubtably increased across known mouse. Critical habitat is not being <br /> of housing development from Preble's Preble's range as human land use has Proposed for the reasons stated below. <br /> habitat to exclude predation by "house intensified.These chemicals could Critical Habitat <br /> cats." As an alternative they suggested directly poison Preble's or they may be <br /> a strict prohibition on cats.More ingested through contaminated food or Critical habitat is defined in section 3 <br /> information is needed about the effects water. Specific impacts to Preble's from of the Act as: (i) the specific areas <br /> from predation by domestic and feral pesticides and herbicides are not within the geographical area occupied <br /> cats,and perhaps dogs (Canis currently known. Intensive human by the species,at the time it is listed in <br /> familiaris),on Preble's. development creates a range of accordance with the Act, on which are <br /> D. The inadequacy of existing additional environmental impacts found those physical or biological <br /> regulatory mechanisms.The decline of (including but not limited to noise, and features (I) essential to the conservation <br /> the Preble's meadowjumping mouse is the degradation of air and water quality) of the species and aQ that may require <br /> partially due to the inherent weakness that could alter Preble's behavior, special management considerations or <br /> of the existing laws and regulations that increase the levels of stress,and protection and: (ii) specific areas <br /> could serve to protect Preble's and their ultimately contribute to loss of vigor or outside the geographical area occupied <br /> habitat. Relevant Federal laws include death of individuals, and extirpation of by a species at the time it is listed, upon <br /> the Clean Water Act, Endangered popPulations. a determination that such areas are <br /> Species Act, Federal Power Act. Fish In summary, the Preble's meadow essential for the conservation of the <br /> and Wildlife Coordination Act, Food jumping mouse has seriously declined species. "Conservation" means the use <br /> Security Act,and National from historic levels to a point where of all methods and procedures needed <br /> Environmental Policy Act. Federal only four counties In Colorado and two to bring the species to the point at <br />