1997-04-28_REPORT - M1981302

• Permit No: M1981302
• IBM Index Class Name: Report
• Doc Date: 4/28/1997
• Doc Name: EXHIBIT A 8
• Media Type: D
• Archive: No

i Federal Register / Vol. 62, No. 57 / Tuesday. March 25, 1997 / Proposed Rules 14099
which listing under the Act is no longer for such designation would reasonably The Preble's meadow jumping mouse
necessary. increase the degree of threat from occurs on lands administered by the Air
The Service finds that critical habitat vandalism or intentional destruction of Force, Department of Energy, U.S.
is not prudent for Preble's meadow habitat and would provide no additional Forest Service. Colorado Division of
jumping mouse. Section 4(a)(3) of the benefit to the species. Wildlife, Boulder County.Jefferson
Act.as amended, and implementing The Service will continue in its efforts County. City of Boulder,and on private
regulations (50 CFR 424.12) require that. to obtain more information on the lands. For Federal lands where Preble's
to the maximum extent prudent and Preble's meadowjumping mouse meadowjumping mice occur, the Act
determinable,the Secretary designate biology and ecology, including essential would require the appropriate land
critical habitat at the time the species is habitat characteristics, current and management agency to evaluate
determined to be endangered or historic distribution, and existing and potential impacts to Preble's meadow
threatened. Service regulations (50 CFR potential sites that can contribute to jumping mice that may result from
424.12(a)(1)) state that designation of conservation of the species.The activities they authorize or permit. The
critical habitat is not prudent when one information resulting from this effort Act requires consultation under section or both of the following situations will be used to identify measures 7 of the Act for activities on Federal,
exist—(I)The species is threatened by needed to achieve conservation of the State,county, or private lands,
taking or other human activity, and species, as defined under the Act. Such including tribal lands, that may impact
identification of critical habitat can be measures could include, but are not the survival and recovery of Preble's, if
expected to increase the degree of threat limited to, development of conservation such activities are funded, authorized,
to the species,or(2) such designation of agreements with the State,other Federal carried out,or permitted by Federal
critical habitat would not be beneficial agencies, local governments,and private agencies.The Federal agencies that may
to the species. landowners and organizations. be involved as a result of this proposed
Listing of the Preble's meadow Available Conservation Measures rule include the Service. Department of
jumping mouse as an endangered Energy, Forest Service, U.S. Army Corps
species publicizes the present Conservation measures provided to a of Engineers, Natural Resources
vulnerability of this species and, thus, species listed as endangered or Conservation Service. Bureau of Land
can be reasonably expected to increase threatened under the Act include Management,Agricultural Stabilization
the threat of vandalism or intentional recognition, recovery actions, and Conservation Service, Bureau of
destruction of the species habitat. In requirements for Federal protection, and Reclamation.Department of the Army,
light of the vulnerability of this species prohibitions against certain practices. Department of the Air Force, Office of
to vandalism or the intentional Recognition through listing results in Surface Mining, Western Area Power
destruction of its habitat, publication of public awareness and conservation Administration, Rural Electrification
maps providing its precise locations actions by Federal, State,and local Administration, Federal Energy
within increasingly developing urban agencies, private organizations,and gy
areas and descriptions of critical habitat, individuals. The Act provides for Regulatory Commission, Department of
as required for the designation of critical possible land acquisition,cooperation Housing and Urban Development,
habitat,would reasonably be expected with the States, and requires that Federal Highway Commission, and
to increase the degree of threat to the recovery actions be carried out for all Environmental Protection Agency.
species, increase the difficulties of listed species.The protection required Federally listing the Preble's meadow
enforcement, and further contribute to of Federal agencies and the prohibitions jumping mouse will require these
the decline of Preble's meadowjumping against taking and harm are discussed. agencies to consider potential impacts
mouse. in part, below. to Preble's prior to approval of any
Preble's meadowjumping mouse Section 7(a)of the Act requires activity authorized or permitted by them
would not benefit from the designation Federal agencies to evaluate their (e.g.. Clean Water Act's section 404
of critical habitat.The Service actions with respect to any species that permits, grazing management, military
determines that any potential benefits is proposed or listed as endangered or maneuvers, bioremediation and
beyond those afforded by listing, when threatened. and with respect to its hazardous materials cleanup, mining
weighted against the negative impacts of critical habitat, if any is being permitting and expansion, highway
disclosing site-specific location, does designated. Regulations implementing construction, etc.).
not yield an overall benefit and is this interagency cooperation provision Federal agency actions that may
therefore not prudent. of the Act are codified at 50 CFR part require conference and/or consultation
Protection of the habitat of the species 402. Section 7(a)(4) requires Federal as described in the preceding paragraph
will be addressed through the Acts agencies to confer with the Service on include—removing, thinning or altering
recovery process and section 7 any action that is likely to jeopardize vegetation; implementing livestock
consultation process. Four of the the continued existence of a proposed grazing management that alters
remaining populations are located on species or result in destruction or vegetation during warm seasons;
Federal lands administered by the adverse modification of proposed construction of roads or hiking/biking
Department of Defense, the Department critical habitat. if a species is listed trails along or through riparian areas:
of Energy and the U.S. Forest Service. subsequently,section 7(a)(2) requires channelization and other alteration of
These Federal agencies are aware of the Federal agencies to insure that activities perennial and intermittent streams and
species'occurrence at these sites and they authorize, fund, or carry out are not their hydrological regimes for flood
the requirement to consult with the likely to jeopardize the continued control and other water management
Service to ensure that any actions existence of the species or destroy or purposes; permanent and temporary
Federally authorized, funded or carried adversely modify its critical habitat. if a damming of streams to create water
out do not jeopardize the continued Federal action may affect a listed storage reservoirs or deviate the stream's
existence of an endangered or species or its critical habitat, the course;human activities in or near
threatened species. Therefore, the responsible Federal agency must enter Preble's meadowjumping mouse
Service finds that designation of critical into formal consultation with the habitats;construction of residential, .
habitat for this species is not prudent, Service. commercial, and industrial