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14100 Federal Register / Vol. 62. No. 57 / Tuesday, March 25. 1997 / Proposed Rules t
<br /> developments, including roads, bridges, habitat modification. flood and erosion residential,commercial, industrial.
<br /> public utilities and telephone lines, control, mineral and housing recreational areas, or cropland:
<br /> pipelines, and other structures: development, recreational trail overgrazing: road and trail construction:
<br /> bioremediation and hazardous materials development, road and dam water development or impoundment;
<br /> management, containment, and cleanup construction, hazardous material mineral extraction or processing;off-
<br /> efforts such as those at Rocky Flats:and, containment and cleanup activities, highway vehicle use; and, hazardous
<br /> sand and gravel and other types of prescribed burns. pest control activities, material cleanup or bioremediation).
<br /> mining activities within or upstream of pipelines or utility lines crossing Questions regarding whether specific
<br /> Preble's meadow jumping mouse riparian/wet meadow habitats, logging, activities, such as changes in land use.
<br /> habitats. military maneuvers and training) when will constitute a violation of section 9
<br /> The Act and implementing such activity is conducted in should be directed to the Colorado Field
<br /> regulations set forth a series of general accordance with any incidental take Office (see ADDRESSES section).
<br /> prohibitions and exceptions that apply statement prepared by the Service in The prohibition against intentional
<br /> to all endangered wildlife. The accordance with section 7 of the Act: and unintentional "take" of listed
<br /> prohibitions codified at 50 CFR 17.21, (2) Activities such as grazing species applies to all landowners
<br /> in part, make it illegal for any person management, flood and erosion control, regardless of whether or not their lands
<br /> subject to the jurisdiction of the United agricultural conversions, wetland and are within critical habitat (see 16 U.S.C.
<br /> States to take (including harass, harm, riparian habitat modification, mineral 1538(a)(1), 1532(la) and 50 CFR 17.3).
<br /> pursue, hunt, shoot, wound, kill, trap, and housing development, road and Section 10(a)(1)(B) authorizes the
<br /> capture,or collect: or attempt any of dam construction, recreational trail Service to issue permits for the taking of
<br /> these), import or export, ship in development, hazardous material listed species incidental to otherwise
<br /> interstate commerce in the course of containment and cleanup activities, lawful activities such as agriculture.
<br /> commercial activity, or sell or offer for prescribed burns, pest control activities, surface mining,and urban development.
<br /> sale in interstate or foreign commerce pipelines or utility lines crossing Take permits authorized under section
<br /> any listed species. It also is illegal to riparian/wet meadow habitats, logging, 10 must be supported by a habitat
<br /> possess, sell, deliver, carry. transport,or military maneuvers and training when conservation plan (HCP) that identifies
<br /> ship any such wildlife that has been such activity does not occur in habitats conservation measures that the
<br /> taken illegally.Certain exceptions apply suitable for the survival and recovery of permittee agrees to implement to
<br /> to agents of the Service and the Preble's meadow jumping mouse, do conserve the species. A key element of
<br /> conservation agencies. not alter downstream hydrology or the Service's review of an HCP is a
<br /> Permits may be issued to carry out riparian habitat supporting Preble's, and determination of the plan's effect upon
<br /> otherwise prohibited activities do not result in actual death or injury the long-term conservation of the
<br /> involving endangered wildlife under to the species by significantly modifying species.The Service would approve an
<br /> certain circumstances. Regulations essential behavioral patterns; HCP. and issue a section 10(a)(1)(B)
<br /> governing permits are codified at 50 (3) Within the hibernating period and permit if the plan would minimize and
<br /> CFR 17.22 and 17.23. Such permits are outside denning areas, controlled burns mitigate the impacts of the taking and
<br /> available for scientific purposes, to and mowing, or other activities that would not appreciably reduce the
<br /> enhance the propagation or survival of alter the Preble's meadow jumping likelihood of the survival and recovery
<br /> the species. and/or incidental take in mouse food sources.The period when of that species in the wild.
<br /> connection with otherwise lawful mowing and burning activities would public Comments Solicited
<br /> activities. not impact the Preble's meadow
<br /> Requests for copies of the regulations jumping mouse nourishment may vary The Service intends that any final
<br /> regarding listed wildlife and inquiries at specific locations, but would usually action resulting from this proposal will
<br /> about prohibitions and permits may be fall between October 15 and April 15 of be as accurate and as effective as
<br /> addressed to U.S. Fish and Wildlife eve year: possible.Therefore. comments or
<br /> Service. P.O. Box 25486, Denver Federal (4 Human activities undertaken on suggestions from the public,other
<br /> Center. Denver. Colorado 80225 foot or horseback at breeding, feeding, concerned governmental agencies,the
<br /> (telephone 303/236-8155, Facsimile and hibernating sites that are non- scientific community, industry,or any
<br /> 303/236-8192). invasive to the Preble's meadow other interested party concerning this
<br /> The Service adopted a policy on July jumping mouse (e.g., waterfowl hunting, proposed rule are hereby solicited.
<br /> 1, 1994 (59 FR 34272), to identify to the bird watching,sightseeing. Comments particularly are sought
<br /> maximum extent practicable at the time photography,camping, hiking);and, concerning:
<br /> a species is proposed for listing those (5) Application of pesticides in areas (1) Biological,commercial trade,or
<br /> activities that would or would not that do not drain into Preble's meadow other relevant data concerning any
<br /> constitute a violation of section 9 of the jumping mouse habitats. threat (or lack thereof) to this species:
<br /> Act.The intent of this policy is to Activities that the Service believes (2) The location of any additional
<br /> increase public awareness of the effect could potentially result in a violation of populations of this species and the
<br /> of the listing on proposed and ongoing section 9 include but are not limited to: reason why any habitat should or
<br /> activities within a species' range. The (I) Unauthorized or unpermitted should not be determined to be critical
<br /> Service believes that. based upon the collecting, handling, harassing, or taking habitat as provided by section 4 of the
<br /> best available information. the following of the species; Act;
<br /> actions will not result in a violation of (2) Activities that directly or (3) Additional information concerning
<br /> section 9.provided these activities are indirectly result in the actual death or the range. distribution, and population
<br /> carried out in accordance with existing injury death of Preble's meadow size of this species;
<br /> re ulations and permit requirements: jumping mice, or that modify the known (4) Current or planned activities in the
<br /> (1) Activities authorized, funded, or habitat of the species by significantly subject area and their possible impacts
<br /> carried out by Federal agencies (e.g., modifying essential behavioral patterns on this species:
<br /> grazing management,agricultural (e.g.. plowing; conversion of wet (5) Information regarding Preble's
<br /> conversions,wetland and riparian meadow or riparian habitats to meadow jumping mouse ecology and
<br />
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