56128 Federal Register / Vol. 63, No. 203 / Wednesday, October 21, 1998 / Proposed Rules

Dated: October 8, 1998. FOR FURTHER INFORMATION CONTACT: Jeff Biologist, at the above address W. Michael McCabe, Hunt, U.S. EPA, Region 10, 1200 Sixth (telephone 804/693–6694, extension Regional Administrator, Region III. Avenue, Mail Stop WCM–122, Seattle, 127; facsimile 804/693–9032). [FR Doc. 98–28113 Filed 10–20–98; 8:45 am] WA, 98101, phone (206) 553–0256. SUPPLEMENTARY INFORMATION: BILLING CODE 6560±50±P SUPPLEMENTARY INFORMATION: For Background additional information see the immediate final rule published in the The Dismal Swamp southeastern ENVIRONMENTAL PROTECTION rules section of this Federal Register. shrew is a small, long-tailed shrew with AGENCY Dated: October 6, 1998. a brown back, slightly paler underparts, buffy feet, and a relatively short, broad Chuck Clarke, 40 CFR Part 271 nose (Handley 1979a). It weighs 3 to 5 Regional Administrator, Region 10. [FRL±6176±6] grams and measures up to 10 [FR Doc. 98–27703 Filed 10–20–98; 8:45 am] centimeters in length. The species was Idaho: Final Authorization of State BILLING CODE 6560±50±P first described as Sorex fisheri by C.H. Hazardous Waste Management Merriam (Merriam 1895). Merriam’s Program Revisions description was based on four DEPARTMENT OF THE INTERIOR specimens trapped near Lake AGENCY: Environmental Protection Drummond, Virginia by A.K. Fisher of Agency (EPA). Fish and Wildlife Service the U.S. Department of Agriculture’s ACTION: Proposed rule. Bureau of Biological Surveys. Rhoads 50 CFR Part 17 and Young (1897) captured a specimen SUMMARY: The EPA proposes to grant RIN 1018±AF00 in Chapanoke, Perquimans County, final authorization to the hazardous North Carolina, that seemed waste program revisions submitted by Endangered and Threatened Wildlife intermediate between S. fisheri and the the State of Idaho. In the final rules and Plants; Proposed Rule To Delist southeastern shrew (Sorex longirostris section of this Federal Register, EPA is the Dismal Swamp Southeastern Bachman) (Handley 1979b). Jackson authorizing the State’s program Shrew (Sorex longirostris fisheri) (1928) subsequently reduced S. fisheri revisions as an immediate final rule to a subspecies of S. longirostris. Three AGENCY: Fish and Wildlife Service, because EPA views this action as subspecies of southeastern shrew are Interior. noncontroversial and anticipates no now recognized—Sorex longirostris adverse comments. A detailed rationale ACTION: Proposed rule. eionis, which occurs in the northern for the authorization is set forth in the two-thirds of peninsular Florida (Jones immediate final rule. If no adverse SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to remove the et al. 1991); S. l. fisheri, which occurs written comment is received on this in southeastern Virginia and eastern action, the immediate final rule will Dismal Swamp southeastern shrew (Sorex longirostris fisheri Merriam) from North Carolina; and S. l. longirostris, become effective and no further activity which occurs in the rest of the range will occur in relation to this proposal. the List of Endangered and Threatened Wildlife. The Dismal Swamp that extends through eastern Louisiana, If EPA receives adverse written eastern Oklahoma, and Missouri, then comment, EPA will withdraw the southeastern shrew was listed as a threatened species in 1986 under the eastward through central Illinois and immediate final rule before its effective Indiana, southern Ohio, and Maryland. date by publishing a withdrawal in the Endangered Species Act of 1973, as amended (Act). New data indicate that Jones et al. (1991) examined the Federal Register. EPA will then respond taxonomic status of these three to public comments in a later final rule this species is more widely distributed than previously believed, is fairly subspecies and verified substantial size based on this proposal. EPA may not differences among them. The authors provide further opportunity for abundant within its range, occurs in a wide variety of habitats, and is found that S. l. eionis was significantly comment. Any parties interested in larger in four cranial measurements commenting on this action should do so genetically secure. The Service concludes that the data supporting the when compared with the other two at this time. subspecies; S. l. fisheri was significantly DATES: Written comments must be original classification were incomplete and that the new data indicate removing large in one cranial and one external received on or before November 20, measurement; and S. l. longirostris had 1998. the Dismal Swamp southeastern shrew from the List of Endangered and a relatively short palate and rostrum, ADDRESSES: Mail written comments to Threatened Wildlife is warranted. narrow skull, and short foot and tail. Jeff Hunt, U.S. EPA, Region 10, 1200 This study confirmed the subspecific Sixth Avenue, Mail stop WCM–122, DATES: Comments from all interested status of S. l. fisheri. Seattle, WA 98101, phone, (206) 553– parties must be received by December Apart from a litter of five young found 0256. Copies of the materials submitted 21, 1998. Public hearing requests must in a nest in the Dismal Swamp in 1905, by Idaho are available during normal be received by December 7, 1998. little is known about reproduction or business hours at the following ADDRESSES: Comments and materials other life history features of Sorex locations: EPA Region 10 Library, 1200 concerning this proposal should be sent longirostris fisheri (Handley 1979b). Sixth Avenue, Seattle, WA, 98101, to the Virginia Field Office, U.S. Fish However, more is known about the life phone (206) 553–1289 and the Idaho and Wildlife Service, P.O. Box 99, 6669 history of other Sorex species, and this Department of Health and Welfare, Short Lane, Gloucester, Virginia 23061. information may apply to S. l. fisheri. Division of Environmental Quality, The complete file for this rule is Sorex longirostris reproduces from Planning and Evaluation Division, 1410 available for inspection by appointment, March through October, and it is likely N. Hilton, Boise, Idaho 83706, phone, during normal business hours at the that two litters are born each year, with (208) 373–0502 (Refer to Docket above address. one to six young produced per litter numbers: 0105–9401, 0105–9502, 0105– FOR FURTHER INFORMATION CONTACT: (Webster et al. 1985). Nests are shallow 9601; contact is Pam Smolczynski). Cynthia A. Schulz, Fish and Wildlife depressions lined with dried leaves and Federal Register / Vol. 63, No. 203 / Wednesday, October 21, 1998 / Proposed Rules 56129 grasses and are usually associated with 1902. Prior to 1980, only 19 specimens fisheri be listed as threatened primarily rotting logs (Webster et al. 1985). Young of S. l. fisheri were known. ‘‘In addition because of the potential for contact and shrews grow rapidly and are almost to Young’s (Rhoads and Young 1989) interbreeding with S. l. longirostris. ‘‘If adult size when they leave the nest Chapanoke specimen in the Academy of widespread, this interbreeding can (Jackson 1928). Sorex longirostris forage Natural Sciences of Philadelphia, and result in an alteration of the gene pools on spiders, crickets, butterfly and moth one in the American Museum of Natural of both subspecies in the zone of larvae, slugs, snails, beetles, centipedes, History that (W. J.) Daniel (Jr.) collected contact, and the integrity of both and vegetation (Webster et al. 1985, at Lake Drummond in 1905, the subspecies may be lost in the extreme’’ Whitaker and Mumford 1972). Little National Museum has 16 from Lake (Rose 1983). information is available about the daily Drummond collected in 1895 and 1902 Additional study of Sorex was activity patterns of S. longirostris. They by Fisher, T. S. Palmer, (W. L.) Ralph, conducted from October 1986 through forage intermittently throughout the day and Daniel, and one I collected near June 1989, focusing within the Refuge and night in all seasons, seem to be Wallaceton (at the eastern edge of the but also including outlying areas of the most active after rains and during Dismal Swamp in Virginia) in 1953’’ historical Dismal Swamp (Padgett 1991). periods of high humidity, and do much (Handley 1979b). In 1980, 15 S. Particular emphasis was placed on of their foraging in the leaf litter or in longirostris were collected in pitfall determining whether the nominate tunnels in the upper layers of the soil traps in Suffolk, Virginia from the subspecies might be expanding into the (Jackson 1928). northwest section of the Great Dismal remaining Dismal Swamp proper and The Dismal Swamp, the type locality Swamp National Wildlife Refuge interbreeding with Sorex longirostris for Sorex longirostris fisheri, is a (Refuge) (Rose 1981) that is located in fisheri. The results of Padgett’s (1991) forested wetland with a mosaic of North Carolina and Virginia. Based on study indicated that S. l. fisheri was habitat types located in southeastern their large size, the specimens were restricted to the historic Dismal Swamp Virginia and adjacent North Carolina. classified as S. l. fisheri. and that there was no strong evidence Within the Dismal Swamp, S. l. fisheri that S. l. longirostris was using From December 1980 through July has been found in a variety of habitat roadways to enter the interior of the 1982, 37 pitfall grids were established in types including recent clearcuts, Refuge. Between 1989 and 1991, Erdle Currituck and Gates counties, North regenerating forests, young pine and Pagels (1991) collected shrews to Carolina and the Cities of Chesapeake, plantations, grassy and brushy further delineate the distributions of S. Suffolk, and Virginia Beach and Isle of roadsides, young forests with shrubs l. fisheri and S. l. longirostris in and saplings, and mature pine and Wight and Surry counties, Virginia Virginia. Sampling was conducted in deciduous forests (Padgett 1991, Rose (Rose 1983). The results of this trapping much of the historic Dismal Swamp east 1983). Sorex longirostris fisheri has also were 24 specimens from 10 populations of the Refuge and north of the Virginia- been collected in utility line rights-of- classified as Sorex longirostris fisheri, North Carolina State line. Shrews way. The highest densities of S. l. fisheri 62 specimens from 9 populations referable to both taxa and intergrades occur in early successional stage classified as intergrades, and 30 were represented in the 26 Sorex habitats and the lowest densities in specimens from 7 populations classified trapped. These findings supported the mature forests (Everton 1985), although as S. l. longirostris. Three grids each hypothesis that S. l. longirostris might mature forests are likely to be important contained one specimen classified as S. be moving into areas of the historical to the survival of the shrew during l. longirostris, while the remaining Dismal Swamp. During the 1990s, many periods of drought or fire. Densities of specimens were classified as S. l. fisheri. additional areas were surveyed within southeastern shrews in early The author determined that S. l. fisheri the historical Dismal Swamp in successional stages are 10 to 30 per was associated with the Dismal Swamp Virginia; the specimens found were hectare (Rose 1995). Rose (1995) stated proper, except for a population north of referable to S. l. fisheri or S. l. that, based on his previous studies, the Refuge and a population east of the longirostris or were of intermediate size. mature forests yield only about 1⁄4 or Refuge. A narrow zone of hybridization While a significant amount of study less of the densities of S. longirostris (these populations contained specimens on the distribution of Sorex longirostris compared with early successional stage that represent the parent stocks and fisheri had taken place in Virginia, habitats dominated by grasses and individuals that may be hybrids) was knowledge of the species in North shrubs. Mature forests with closed found to border the Dismal Swamp Carolina was sparse. In the early 1980s, canopies have densities of one to four running approximately north/south D. W. Webster from the University of shrews per hectare (Rose 1995). ‘‘Within along its western edge and running North Carolina-Wilmington collected two years of the cutting of a forest plot, northwest/southeast adjacent to the Sorex longirostris from southeastern and probably for 8–12 years afterwards southeastern corner of the Refuge. Sorex North Carolina (D.W. Webster, on such cutover plots, the densities of longirostris longirostris was found to the University of North Carolina- southeastern shrews are likely to be five east and west of the Dismal Swamp with Wilmington, pers. comm. 1997). or more times greater than in nearby distinctive populations of S. l. Utilizing the existing range maps for S. mature forests. (The number of years longirostris occurring within 20 miles of longirostris, Webster determined that depends, in part, on whether the trees the Dismal Swamp border (Rose 1983). the specimens were S. l. longirostris. In on the sites regenerate naturally or are The results of this analysis indicated the late 1980s, Webster collected S. planted.)’’ (Rose 1995). that the largest Sorex were located longirostris from Beaufort County, North Until recently, the distribution of within the Refuge and the smallest Carolina (located midway along the Sorex longirostris fisheri was considered Sorex were located at greater distances coast of North Carolina) and realized coincidental with the historical from the Refuge, with specimens of that those specimens looked just like boundaries of the Dismal Swamp intermediate size on the margins of the those collected from southeastern North (Handley 1979a, Hall 1981, Rose 1983). Refuge. This suggested that Carolina. Webster (pers. comm. 1997), After collection of the original type interbreeding of the two subspecies still using the existing range maps, series, additional S. l. fisheri specimens might be occurring, particularly at the assumed these specimens were S. l. were collected from similar habitats in margins of the Refuge. Rose (1983) longirostris. Historical locations of S. l. the Dismal Swamp between 1895 and tentatively recommended that S. l. fisheri in North Carolina were 56130 Federal Register / Vol. 63, No. 203 / Wednesday, October 21, 1998 / Proposed Rules summarized by Webster (1992), would be used to better delineate the divided into two groups, those indicating collection of S. l. fisheri from geographic distribution of S. l. fisheri in occurring in the newly delineated range Camden, Currituck, and Gates counties. Virginia and North Carolina. The of S. l. fisheri or in that of S. l. Webster (1992) indicated that S. l. morphometric analysis used 626 S. longirostris, the results were similar. fisheri probably inhabits parts of longirostris from the southeastern U.S. Within its geographic distribution, S. l. Chowan, Pasquotank, and Perquimans (15 from Florida, 375 from North fisheri was the most abundant small counties. Webster continued to collect Carolina, 159 from Virginia, and the mammal, or shared that distinction with shrews from coastal North Carolina remaining 77 from Alabama, District of other species at 31 of the 84 sites throughout the early 1990s (D.W. Columbia, Indiana, Kentucky, sampled. Sorex longirostris fisheri was Webster, pers. comm. 1997). Maryland, Mississippi, Missouri, South especially abundant in forested habitats In January 1994, Webster visited the Carolina, and Tennessee). The in and adjacent to the Refuge, National Museum of Natural History morphometric analysis included six comprising 84 percent of the specimens and compared specimens he had cranial measurements, palatal length, taken. The only habitat sampled where collected from southeastern North and braincase length. If available from S. l. fisheri was absent was xeric Carolina and Beaufort and Gates specimen tags, the total specimen longleaf pine/turkey oak. Both taxa were counties, North Carolina, to the length, tail length, hind foot length, and found in a wide range of habitat types specimens at the Smithsonian and weight were also utilized. Head and and moisture regimes, from early realized that his specimens were of the body length or the difference between successional to mature second-growth same size as the voucher specimen for total length and tail length were forest and from well-drained uplands to Sorex longirostris fisheri from Lake determined where possible. There was seasonally-inundated wetlands. Webster Drummond (the type locality). Charles significant geographic variation in all (1996a, 1996b) concluded that ‘‘* ** O. Handley, curator of mammals for the cranial measurements; samples from even the smallest specimens from museum, agreed with Webster that these southeastern Virginia, eastern North relatively dry, upland sites in the shrews were referable to S. l. fisheri Carolina, and southern Georgia and Dismal Swamp region clearly are based on size. Based on that Florida had much larger cranial assignable to S. l. fisheri. information, Webster hypothesized that characteristics than samples from Gurshaw (1996) examined allozyme the ‘‘dividing line’’ between S. l. fisheri elsewhere in the range. The significant variability in specimens of the and S. l. longirostris may be somewhere geographic variation in external southeastern shrew from North Carolina between Wilmington, North Carolina measurements and weight typically and Virginia to identify characters that and Charleston, South Carolina. followed the same pattern. A two- differentiate Sorex longirostris fisheri In May 1994, Webster visited the dimensional plot of the samples formed and S. l. longirostris and to determine if North Carolina State Museum of Natural three clusters: (1) shrews from Georgia there are similarities between shrews Sciences and found a series of relatively and Florida that have longer and overall from the Dismal Swamp region and the large Sorex longirostris (not identified to much wider crania; (2) shrews from coastal plain of southeastern North subspecies) from Croatan National southeastern Virginia and eastern North Carolina. She found that shrews from Forest (Jones, Craven, and Carteret Carolina that have longer crania with the coastal plain of southeastern North counties) in North Carolina (U.S. Fish relatively narrower rostra; and (3) Carolina grouped most closely with and Wildlife Service 1995). He shrews from elsewhere in the range that those from the Dismal Swamp. The presumed that this series of shrews was author found an allele in the shrews were smaller in all cranial S. l. fisheri based on his trip to the from the coastal plain that represents a measurements. This plot explained 93.2 Smithsonian (D.W. Webster, pers. genetic distinction from S. l. percent of the total morphometric comm. 1997). The State museum also longirostris. Distribution of this allele variation exhibited in S. longirostris had specimens of southeastern shrews appeared to follow the Fall Line, the crania. Shrews from the piedmont and from Chowan, Bladen, and Brunswick boundary between the piedmont plateau mountains of Virginia and North counties that Webster assumed were S. and upper coastal plain in the Carolina were more similar to l. fisheri (D.W. Webster, pers. comm. southeastern U.S. 1997). In May and June 1994, Webster specimens from the Mississippi and Webster et al. (1996a, 1996b) collected S. longirostris near the town of Ohio River basins than they were to concluded that Sorex longirostris fisheri Warsaw in Duplin County, midway those from the mid-Atlantic coast. ‘‘* * * has a much broader geographic between Wilmington and Raleigh, North Webster et al. (1996a, 1996b) distribution than previously believed, Carolina. He determined that these established 84 survey sites in a wide extending from southeastern Virginia to specimens were referable to S. l. fisheri range of habitats throughout North southeastern North Carolina along the (D.W. Webster, pers. comm. 1997). Carolina and Virginia to ensure that outer coastal plain. In Virginia, all Webster et al. (1996a, 1996b) both Sorex longirostris longirostris and specimens examined from Isle of Wight compared Sorex longirostris specimens S. l. fisheri would be captured. Of the County, the City of Chesapeake, and the from east-central and southeastern 84 sites, 49 (58.3 percent) were located City of Virginia Beach are referable to S. North Carolina to specimens from the in abandoned fields and powerline l. fisheri, whereas those from Surry, Dismal Swamp. They also examined rights-of-way that were dominated by Sussex, and Southampton counties are specimens from Charleston County, herbaceous vegetation typical of early assignable to S. l. longirostris. In North South Carolina (near the type locality stages of succession. The other 35 sites Carolina, S. l. fisheri is distributed for S. l. longirostris) and Citrus County, (41.7 percent) were dominated by throughout the coastal counties as far Florida (the type locality for S. l. eionis), arborescent vegetation, including such south as New Hanover, Brunswick, and and representative samples of S. forest types as longleaf pine/turkey oak, Columbus Counties.’’ Since the longirostris from throughout the pocosin/bay, Atlantic white cedar, conclusion of that study, S. l. fisheri has southeastern U.S. They concluded that shortleaf pine, riparian hardwood, and been documented in Hyde County, S. l. fisheri ‘‘is much more widespread cove hardwood. Eighteen species of North Carolina (D.W. Webster, pers. and ubiquitous than previously small mammals were collected and S. comm. 1997). No trapping for S. believed. From this, it was determined longirostris was the most abundant and longirostris has been conducted in that morphometric characteristics ubiquitous. When survey sites were Onslow, Martin, Pamlico, or Burtie Federal Register / Vol. 63, No. 203 / Wednesday, October 21, 1998 / Proposed Rules 56131

Counties, North Carolina (D.W. Webster, most of the effort was focused in and informal and formal section 7 pers. comm. 1997). Webster (pers. Virginia because of the development consultations for activities (involving a comm. 1997) does not have any records pressure occurring there. In 1992, Federal action) occurring in suitable of S. l. fisheri from Pasquotank County, biologists from North Carolina were habitat within the historical Dismal although surveys were conducted there included in the group. The Service then Swamp. No jeopardy biological in 1995. At the time of listing, convened an official recovery team, and opinions for this species have been Pasquotank County was listed as a the first meeting was held in February issued. county of occurrence for S. l. fisheri, 1993. Processing of this proposed rule however, the literature cited does not A draft recovery plan was completed conforms with the Service’s Listing support this. in July 1994, and a notice of availability Priority Guidance for Fiscal Years 1998 At the time of listing, Sorex of the plan was published in the Federal and 1999, published on May 8, 1998 (63 longirostris fisheri was believed to occur Register (59 FR 37260). The recovery FR 25502). The guidance clarifies the in only two cities in Virginia and four plan was finalized on September 9, order in which the Service will process counties in North Carolina. Sorex 1994, and updated on June 13, 1995. rulemakings giving highest priority (Tier longirostris fisheri is now known to Based on questions raised by D.W. 1) to processing emergency rules to add occur in Beaufort, Bladen, Brunswick, Webster, a member of the recovery team, species to the Lists of Endangered and Camden, Cateret, Chowan, Columbus, about the shrew’s distribution and Threatened Wildlife and Plants (Lists); Craven, Currituck, Dare, Duplin, Gates, taxonomy, in March 1995, studies were second priority (Tier 2) to processing Greene, Hyde, Jones, Lenoir, New funded by the Virginia Department of final rules to add species to the Lists, Hanover, Pender, Perquimans, Robeson, Game and Inland Fisheries and the processing proposed rules to add Scotland, Tyrrell, and Washington Service to determine if large shrews are species to the Lists, processing counties in North Carolina and distributed from the Dismal Swamp administrative findings on petitions (to Chesapeake, Suffolk, and Virginia Beach region southward throughout the coastal add species to the Lists, delist species, cities and Isle of Wight County in plain of North Carolina, and if the large or reclassify listed species), and Virginia. Information gaps still exist in shrews from coastal North Carolina are processing a limited number of the distribution of S. l. fisheri in North similar to S. l. fisheri from near the type proposed or final rules to delist or Carolina and potentially South Carolina. locality. A combination of reclassify species; and third priority Jones et al. (1991) noted a sample of morphometric and genetic analyses was (Tier 3) to processing proposed or final Sorex specimens from coastal South proposed to answer these questions. The rules to designate critical habitat. Carolina that appeared to be similar to results of the morphological and genetic Processing of this proposed rule is a S. l. fisheri, but substantiation is needed analyses which followed are discussed Tier 2 action. regarding the taxonomy of these in detail in the ‘‘Background’’ section of Summary of Factors Affecting the specimens. this rule. In May 1996, reports on Species Previous Federal Action morphometric variation among the three Procedures found at section 4(a)(1) of On December 30, 1982, during its Sorex longirostris subspecies (Webster the Endangered Species Act and review of Vertebrate Wildlife (47 FR et al. 1996a) and protein electrophoresis regulations (50 CFR part 424) 58454), the Service designated the and allozymic variation between S. l. promulgated to implement the listing Dismal Swamp southeastern shrew as a fisheri and S. l. longirostris (Gurshaw provisions of the Act were followed. category 2 candidate species, meaning 1996) were received by the Service and Regulations at 50 CFR 424.11 require that a proposal to list the subspecies as sent to the recovery team members. The that certain factors be considered before threatened or endangered was possibly recovery team convened in June 1996 to a species can be listed, reclassified, or appropriate, but that substantial discuss the two reports. The consensus delisted. These factors and their biological data were not available at that of the team was that the results of both application to the Dismal Swamp time to support such a proposal. Rose the morphological and genetic analyses southeastern shrew (Sorex longirostris (1981, 1983) and Everton (1985) conclusively show that S. l. fisheri is fisheri Merriam) are as follows: conducted pre-listing status surveys that widely distributed along the coastal A. The Present or Threatened documented large shrews within the plain of southeastern Virginia and Destruction, Modification, or Refuge, small shrews outside the eastern North Carolina at least as far Curtailment of its Habitat or Range Refuge, and intermediate-sized shrews south as Wilmington, North Carolina; near the Refuge boundaries. that S. l. fisheri uses a wide variety of Extensive habitat alteration has On July 16, 1985, the Service habitat types; and that S. l. fisheri is not occurred within the area historically published a proposed rule to list the in danger of genetic swamping by S. l. occupied by Dismal Swamp. At the Dismal Swamp southeastern shrew as a longirostris. However, the team agreed beginning of the twentieth century, the threatened species (50 FR 28821). The that the reports should be sent out for Dismal Swamp occupied 2,000 to 2,200 final rule to list the species was independent peer review before further square miles (sq mi) (5,200 to 5,700 published in the Federal Register on action was taken. The Service sent the square kilometers (sq km)). Currently, September 26, 1986 (51 FR 34422), and reports to independent peer reviewers less than 320 sq mi (830 sq km) of the became effective on October 27, 1986. in June 1996. Reviewers that responded historical Dismal Swamp remain, 189 sq The reasons for listing the Dismal concurred with the conclusions of the mi (490 sq km) of which are protected Swamp southeastern shrew were habitat authors and were supportive of within the Refuge and the Great Dismal loss and alteration and possible loss of delisting, Based on comments provided Swamp State Park in North Carolina. genetic integrity through interbreeding by recovery team members, the Service, Remnants of the historical Dismal with S. l. longirostris. and peer reviewers, the original Swamp outside Refuge and State Park In the early 1990’s, a group of manuscripts were revised (Moncrief boundaries and land beyond the biologists from Virginia held meetings 1996, Webster et al. 1996b). historical Dismal Swamp boundaries are to discuss information and issues Federal involvement with the Dismal disappearing due to development related to the recovery of the Dismal Swamp southeastern shrew after listing associated with the rapid growth of the Swamp southeastern shrew. Initially, has included surveys for new locations Hampton Roads metropolitan area of 56132 Federal Register / Vol. 63, No. 203 / Wednesday, October 21, 1998 / Proposed Rules southeastern Virginia. Agricultural and pose a significant threat to the Dismal longirostris and that appeared to follow silvicultural conversions (especially in Swamp southeastern shrew. the Fall Line. The author stated, ‘‘A North Carolina) also contribute The Dismal Swamp southeastern cline for this allele may be shifted in the significantly to habitat loss. Habitat loss shrew is listed as threatened by the direction of dispersal in proportion to was a primary reason for listing the State of Virginia. Virginia’s Endangered the direction of gene flow through Dismal Swamp southeastern shrew, Species Act of 1972, as amended (Code barriers such as the Fall Line and considered at the time to be endemic to of Virginia Section 29.1–564–568) population size. If the populations the historical Dismal Swamp. However, prohibits the taking, transportation, containing * * * (this) * * * allele are because the species is now known to processing, sale, or offer for sale of small, they will not have as many occur across a much larger area and in endangered and threatened species individuals dispersing * * * and gene a wider variety of habitats (see the except as permitted. The Virginia flow may be restricted (Endler, 1977). In ‘‘Background’’ section of this rule), the Department of Game and Inland this study, however, the opposite threat of habitat loss is not as significant Fisheries provides general protection to appears to be happening. Populations as was believed at the time of listing. wildlife through State law Section 29.1– with * * * (this allele)* * * are 521, which prohibits their possession widespread in eastern North Carolina B. Overutilization for Commercial, and capture including the attempt to and southeastern Virginia, with gene Recreational, Scientific, or Educational capture, take, kill, possess, offer for sale, flow carrying * * * (this) * * * allele Purposes sell, offer for purchase, purchase, above the Fall Line in central North At present, the only known method deliver for transportation, transport, Carolina.’’ She concluded that genetic for studying or monitoring the Dismal cause to be transported, receive, export, swamping within the Dismal Swamp Swamp southeastern shrew involves import in any manner or in any quantity region was not evident. lethal collection with pitfall traps. except as specifically permitted. Webster et al. (1996a, 1996b) found Researchers have been permitted to take The Dismal Swamp southeastern that intergradation between Sorex individuals of the species to gain an shrew is listed as threatened by the longirostris fisheri and S. l. longirostris understanding of its taxonomy, ecology, State of North Carolina. The species is is evident in specimens from the inner and distribution. However, because the protected by North Carolina general coastal plain of Virginia and North Dismal Swamp southeastern shrew has statute Article 25, section 113–337, Carolina. The zone of intergradation is a high reproductive potential and a which makes it unlawful to take, relatively narrow in Virginia and rapid maturation rate, limited collection possess, transport, sell, barter, trade, relatively wide in North Carolina, of individuals is not considered exchange, export, or offer for sale, commensurate with the relative size of detrimental to healthy populations. barter, trade, exchange, or export, or the inner coastal plain. Shrews from Utilization for commercial, recreational, give away for any purpose including samples immediately to the east and or educational purposes is not known to advertising or other promotional west of the present Dismal Swamp were occur. purpose any animal on a protected wild slightly smaller than shrews from the animal list, except as authorized Dismal Swamp in cranial and external C. Disease or Predation according to the regulations of the North measurements. This trend was noted by Southeastern shrews are subject to Carolina Wildlife Resources Padgett et al. (1987). However, when some predation, most frequently by Commission. compared with specimens from owls, snakes, opossums, and domestic All States will have the option of throughout the range of the species, cats and dogs (French 1980, Webster et retaining the Dismal Swamp these shrews are referable to S. l. fisheri. al. 1985). The number of dead shrews southeastern shrew on their various lists The following summarizes available found in woods and on roads suggests if it is removed from the Federal List of information regarding potential that many predators reject the shrew, Endangered and Threatened Wildlife. environmental contaminant threats to probably because of the bad taste Both the States of Virginia and North the Dismal Swamp southeastern shrew associated with their musk glands Carolina support the delisting. The State throughout its range. In 1987 and 1989, (French 1980). There is no evidence that of North Carolina plans to delist Dismal the Service conducted a preliminary predation or disease is a significant Swamp southeastern shrew if it is study (Ryan et al. 1992) within the threat to the Dismal Swamp delisted at the Federal level (H. Refuge to determine if contaminants southeastern shrew. LeGrand, North Carolina Natural were impacting fish and small Heritage Program, pers. comm. 1997). mammals. All water (metal-laden D. The Inadequacy of Existing However, because of its wide leachate and groundwater) draining the Regulatory Mechanisms distribution and use of a wide variety of Suffolk City Landfill, at the time a Wetland habitats for the Dismal habitats, the removal of State protection federally designated Superfund site, Swamp southeastern shrew will will not constitute a significant threat to enters the Refuge. This landfill received continue to receive protection indirectly the species. industrial and domestic wastes, under Section 404 of the Clean Water including 30 tons of organophosphate Act which requires the Department of E. Other Natural or Manmade Factors pesticides in the 1970s. Numerous the Army, Corps of Engineers to regulate Affecting Its Continued Existence automobile junkyards border the Refuge certain activities affecting ‘‘waters of the One of the reasons for listing the to the north and drain into the Dismal United States’’ including wetlands. Dismal Swamp southeastern shrew was Swamp and the Refuge. Oil, grease, However, delisting the Dismal Swamp concern regarding the possible loss of metals, polycyclic aromatic southeastern shrew will remove Federal genetic integrity through interbreeding hydrocarbons (PAHs) and alkanes prohibitions against take and activities with the nominate subspecies. Gurshaw (PAHs and alkanes are components of involving a Federal action which would (1996) examined allozyme variability in petroleum products) are common jeopardize the continued existence of specimens of the southeastern shrew constituents of junkyard and roadway the species. However, because of its from North Carolina and Virginia. She runoff. Agricultural fields to the north wide distribution and use of a wide found an allele in the shrews from the and west of the Refuge contribute variety of habitats, the removal of these coastal plain that represents a genetic surface runoff that may contain residual protections afforded by the Act will not distinction from Sorex longirostris herbicides, insecticides, and fungicides. Federal Register / Vol. 63, No. 203 / Wednesday, October 21, 1998 / Proposed Rules 56133

The Service’s study (Ryan et al. 1992) southeastern shrew, as well as subspecies was thus both legally and included analyses for contaminant information on its distribution, its scientifically justified up to the point residues in the short-tailed shrew habitat use, and the security of its when new information yielded a (Blarina brevicauda). Short-tailed genetic integrity. Based on this significant change in the knowledge of shrews trapped near the East Ditch evaluation, the Dismal Swamp the Dismal Swamp southeastern shrew’s displayed elevated levels of lead, southeastern shrew no longer meets the status. mercury, and several organochlorine definition of ‘‘threatened’’ under the The Service, after conducting a review pesticides. The lead levels for short- Act, and the preferred action is to of the species’ status, determines that tailed shrews exceeded normal ranges remove the species from the List of the species is not in danger of extinction and fell within the range for lead Endangered and Threatened Wildlife, throughout all or a significant portion of toxicosis according to Ma (1996). Small thereby removing the protection its range, nor is it likely to become so mammal lead toxicosis symptoms may afforded by the Act. within the foreseeable future. Based on include neurological dysfunction, Regulations at 50 CFR 424.11(d) state the best scientific and commercial reproductive disorders (including that a species may be delisted if (1) it information available including stillbirths), liver and kidney failure, etc. becomes extinct, (2) it recovers, or (3) information showing a wider Apart from overt symptoms, the original data for classification were distribution than previously believed, asymptomatic effects may occur at in error. The Service has determined utilization of a wider variety of habitat lower levels and have significant effects that the original data for classification of types than previously believed, and on animal behavior, yet be difficult to the Dismal Swamp southeastern shrew genetic security, the Service concludes evaluate and/or document. Ryan et al. as a threatened species were in error. that the Dismal Swamp southeastern (1992) found that mercury levels for However, it is important to note that the shrew does not warrant the protection of short-tailed shrews collected at East original data for classification the Endangered Species Act of 1973, as Ditch, Badger Ditch, Railroad Ditch, and constituted the best available scientific amended. The information leading to Pocosin Swamp were elevated in and commercial information available at this conclusion was derived through the comparison to levels for short-tailed the time and were in error only in the recovery process, which included shrews collected from the study sense that they were incomplete. studies to verify the shrew’s taxonomic reference location and other sites within Because Sorex longirostris from the status and to conclusively determine its the Refuge. The mercury levels reported Dismal Swamp were originally distribution. In proposing delisting, the for short-tailed shrews, although classified as S. l. fisheri based on Service is conforming to the objectives elevated when compared within study morphological measurements from a stated in the recovery plan. Our ability area sites, were below those levels limited number of specimens, and to propose this subspecies for delisting reported in the literature as causing because specimens from areas bordering is based on a very intentional strategy of observed adverse effects. the Dismal Swamp did not have similar conducting comprehensive studies that Organochlorine pesticide levels of short- morphological measurements, built on the incremental and cumulative tailed shrews from the East Ditch were taxonomists logically concluded that insights of various experts. During this higher than those reported from all only the largest specimens were S. l. lengthy process, the dedication of other study sites. However, the levels fisheri. It has been assumed since the recovery team members and other were below those documented in the early 1900s that small-sized shrews knowledgeable parties was invaluable in literature for observed adverse effects. In were S. l. longirostris, resulting in protecting the shrew when its status summary, there may be a contaminant erroneous classification of shrews found seemed much more precarious, and in concern for the Dismal Swamp outside, and sometimes within, the furthering our knowledge of it. historical Dismal Swamp boundaries. southeastern shrew near the East Ditch Effects of the Rule of the Refuge. However, no contaminant Therefore, the perception of a restricted analysis has been conducted in Dismal range for S. l. fisheri was not a This action, if enacted, will result in Swamp southeastern shrews. Further misinterpretation on the part of the the removal of the Dismal Swamp monitoring has been recommended by Service, but a longstanding scientific southeastern shrew from the List of the Service. assumption. At the time of listing, no Endangered and Threatened Wildlife. Small mammals tend to have limited other interpretation could be reasonably Federal agencies would no longer be ranges, and, therefore, elevated levels of construed from the available data. The required to consult with the Secretary of contaminants found in shrews from one Service concludes that the data the Interior to insure that any action location cannot be interpreted as a supporting the original classification they authorize, fund, or carry out will condition for shrews throughout the were incomplete and that new data not likely jeopardize the continued Refuge or range. Land uses such as indicate removing S. l. fisheri from the existence of the species. There is no agriculture, transportation, and List of Endangered and Threatened designated critical habitat for this urbanization with increased impervious Wildlife is warranted. species. Federal restrictions on taking surfaces contribute measurable levels of The listing of the Dismal Swamp would no longer apply. The 1988 contaminants to the environment, and southeastern shrew as a threatened amendments to the Act require that all many persistent contaminants are species was based on the best species that have been delisted due to passed through the food web. However, information available and was thus a recovery be monitored for at least 5 the Service does not have any valid decision at the time; the data years following delisting. Since the information indicating that leading to a better understanding of S. Dismal Swamp southeastern shrew is contaminants pose a significant threat to longirostris taxonomy were derived being proposed for delisting because of the continued existence of the Dismal incrementally as a direct result of the new information indicating it has an Swamp southeastern shrew. recovery program; and no preceding expanded distribution, is not under In developing this proposed rule, the shrew research anticipated the outcome serious threat from habitat loss, and is Service has assessed the best available of the final morphometric and genetic genetically secure, and not because it scientific and commercial information analyses. The dual effort to increase the has been recovered, the Service does not regarding the past, present, and future base of available information while intend to monitor the species for 5 years threats to the Dismal Swamp addressing the perceived threats to this following delisting. Within the Refuge 56134 Federal Register / Vol. 63, No. 203 / Wednesday, October 21, 1998 / Proposed Rules and the Great Dismal Swamp State Park format of the rule (grouping and order § 17.11 [Amended] in North Carolina, management will of sections, use of headings, 2. Amend § 17.11(h) by removing the continue to focus on restoring the paragraphing, etc.) aid or reduce its entry for ‘‘Shrew, Dismal Swamp hydrological regime to as close to clarity? (4) Would the rule be easier to southeastern, Sorex longirostris fisheri’’ historical conditions as possible given understand if it were divided into more under ‘‘Mammals’’ from the List of the necessity for firebreaks and access (but shorter) sections? (A ‘‘section’’ Endangered and Threatened Wildlife. roads. In addition, efforts are being appears in bold type and is preceded by Dated: October 6, 1998. made to restore or maintain the habitat the symbol ‘‘§ ’’ and a numbered Jamie Rappaport Clark, mosaic through forestry practices. It is heading; for example, § 17.11 the opinion of the Service that sufficient Endangered and threatened wildlife.) (5) Director, U.S. Fish and Wildlife Service. habitat will remain over the long-term to Is the description of the rule in the [FR Doc. 98–28189 Filed 10–20–98; 8:45 am] allow for the continued viability of this ‘‘Supplementary Information’’ section of BILLING CODE 4310±55±P subspecies. the preamble helpful in understanding the rule? What else could we do to make Public Comments Solicited DEPARTMENT OF THE INTERIOR the rule easier to understand? The Service intends that any final Fish and Wildlife Service action resulting from this proposal will National Environmental Policy Act be as accurate and as effective as The Fish and Wildlife Service has 50 CFR Part 17 possible. Therefore, comments or determined that Environmental RIN 1018±AE84 suggestions from the public, other Assessments and Environmental Impact concerned governmental agencies, the Statements, as defined under the Endangered and Threatened Wildlife scientific community, industry, or any authority of the National Environmental and Plants; Reopening of Public other interested party concerning this Policy Act of 1969, need not be Comment Period on the Proposed Rule proposed rule are hereby solicited. prepared in connection with regulations To List the Northern Idaho Ground Comments particularly are sought adopted pursuant to Section 4(a) of the Squirrel as Threatened concerning: Endangered Species Act of 1973, as (1) Biological, commercial trade (legal amended. A notice outlining the AGENCY: Fish and Wildlife Service, and illegal), or other relevant data Service’s reasons for this determination Interior. concerning any threat (or lack thereof) was published in the Federal Register ACTION: Proposed rule, reopening of to the Dismal Swamp southeastern on October 25, 1983 (48 FR 49244). comment period. shrew; (2) The location of any additional Required Determinations SUMMARY: The Fish and Wildlife Service populations or occurrences of this This rule does not include any (Service) provides notice that the public species; collections of information that require comment period on the proposed rule to (3) Additional information concerning list the northern Idaho ground squirrel the range, distribution, and population approval by the Office of Management and Budget under 44 U.S.C. 3501 et seq. (Spermophilus brunneus brunneus) as a size of this species; threatened species is being reopened to (4) Current or planned activities in the References Cited consider new scientific information subject area and their possible impacts received after the initial comment A complete list of all references cited on this species; and period. The initial comment period herein is available upon request from (5) The number, origin, location and closed on May 22, 1998. All interested the U.S. Fish and Wildlife Service, legal deposition of individuals of this parties are invited to submit comments Virginia Field Office (see ADDRESSES species in captivity and/or trade. on this proposal. Promulgation of the final regulations section). DATES: The comment period for this on this species will take into Author consideration the comments and any proposal will be extended to November 20, 1998. additional information received by the The primary author of this document Service, and such communications may is Cynthia A. Schulz (see ADDRESSES ADDRESSES: Written comments and lead to a final regulation that differs section). materials concerning this proposal from this proposal. should be sent to the U.S. Fish and The Endangered Species Act provides List of Subjects in 50 CFR Part 17 Wildlife Service, Snake River Basin for one or more public hearings on this Endangered and threatened species, Office, 1387 South Vinnell way, Room proposal, if requested. Requests must be Exports, Imports, Reporting and 368, Boise, Idaho 83709. Comments and received within 45 days of the date of recordkeeping requirements, materials received will be available for publication of this proposal in the Transportation. public inspection, by appointment, Federal Register. Such requests must be during normal business hours at the made in writing and addressed to the Proposed Regulation Promulgation above address. Field Supervisor (see ADDRESSES Accordingly, the Service hereby FOR FURTHER INFORMATION CONTACT: section). proposes to amend part 17, subchapter Robert Ruesink, Supervisor, at the above Executive Order 12866 requires each B of chapter I, title 50 Code of Federal address or at telephone (208) 378–5243. agency to write regulations that are easy Regulations, as set forth below: SUPPLEMENTARY INFORMATION: to understand. We invite your comments on how to make this rule PART 17Ð[AMENDED] Background easier to understand including answers On March 23, 1998 (63 FR 13825), the to questions such as the following: (1) 1. The authority citation for part 17 Service published in the Federal Are the requirements in the rule clearly continues to read as follows: Register a proposed rule to list the stated? (2) Does the rule contain Authority: 16 U.S.C. 1361–1407; 16 U.S.C. northern Idaho ground squirrel as technical language or jargon that 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– threatened throughout its range in interferes with its clarity? (3) Does the 625, 100 Stat. 3500; unless otherwise noted. western Idaho pursuant to the