Federal Register/Vol. 69, No. 44/Friday, March 5, 2004/Rules and Regulations
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Federal Register / Vol. 69, No. 44 / Friday, March 5, 2004 / Rules and Regulations 10335 K. Other commencement of construction of the foxes from all islands under the species Under section 307(b)(1) of the Clean unit. U. littoralis and assigning each island (2) [Reserved] population a subspecific designation (U. Air Act, petitions for judicial review of l. catalinae on Santa Catalina Island, U. this action must be filed in the United [FR Doc. 04–4987 Filed 3–4–04; 8:45 am] l. clementae on San Clemente Island, U. States Court of Appeals for the BILLING CODE 6560–50–P l. dickeyi on San Nicolas Island, U. l. appropriate circuit by May 4, 2004. littoralis on San Miguel Island, U. l. Filing a petition for reconsideration by santacruzae on Santa Cruz Island, and the Administrator of this final rule does DEPARTMENT OF THE INTERIOR U. l. santarosae on Santa Rosa Island). not affect the finality of this rule for the Recent morphological and genetic purposes of judicial review nor does it Fish and Wildlife Service studies support the division of the U. extend the time within which a petition littoralis complex into six subspecies for judicial review may be filed, and 50 CFR Part 17 that are each limited in range to a single shall not postpone the effectiveness of RIN 1018–AI28 island (Gilbert et al. 1990; Wayne et al. such rule or action. This action may not 1991; Collins 1991a, 1993; Goldstein et be challenged later in proceedings to Endangered and Threatened Wildlife and Plants; Listing the San Miguel al. 1999). Each subspecies is enforce its requirements. (See section reproductively isolated from the others 307(b)(2).) Island Fox, Santa Rosa Island Fox, Santa Cruz Island Fox, and Santa by a minimum of 5 kilometers (3 miles) List of Subjects in 40 CFR Part 69 Catalina Island Fox as Endangered of ocean waters. The island fox is closely related to the mainland gray fox, Environmental protection, Air AGENCY: Fish and Wildlife Service, U. cinereoargenteus, but is smaller in pollution control. Interior. size and darker in coloration (Moore Dated: February 27, 2004. ACTION: Final rule. and Collins 1995). Michael O. Leavitt, The island fox is a very small canid, Administrator. SUMMARY: We, the U.S. Fish and weighing approximately 3 to 6 pounds Wildlife Service (Service), determine (1.4 to 2.7 kilograms) and standing ■ Part 69 of chapter I, title 40 of the Code endangered status pursuant to the approximately 1 foot (0.3 meter) tall. of Federal Regulations is amended to Endangered Species Act (Act) of 1973, The tail is conspicuously short. Dorsal read as follows: as amended (16 U.S.C. 1531 et seq.), for coloration is grayish-white and black. PART 69—[AMENDED] four subspecies of island fox (Urocyon The base of the ears and sides of the littoralis): San Miguel Island fox (U. l. neck and limbs are cinnamon-rufous in ■ 1. The authority citation for part 69 littoralis), Santa Rosa Island fox (U. l. color, and the underbelly is a dull continues to read as follows: santarosae), Santa Cruz Island fox (U. l. white. Island foxes display sexual size Authority: 42 U.S.C. 7545(c), (g), and (i), santacruzae), and Santa Catalina Island dimorphism (males being larger and and 7625–1. fox (U. l. catalinae). This final rule heavier than females) (Moore and Collins 1995). ■ extends the Federal protection and 2. Section 69.41 is amended by adding recovery provisions of the Act to these Island foxes inhabit the six largest paragraph (h) to read as follows: subspecies. islands (San Miguel, Santa Rosa, Santa § 69.41 New exemptions. DATES: This final rule is effective April Cruz, San Nicolas, Santa Catalina, and 5, 2004. San Clemente Islands) off the coast of * * * * * southern California. Genetic evidence ADDRESSES: (h) Pursuant to section 325(a) of the The complete file for this suggests that all island foxes are Clean Air Act (CAA) and a petition rule is available for inspection, by descended from one colonization event submitted by the Governor of United appointment, during normal business (Gilbert et al. 1990), possibly from States Virgin Islands on July 21, 2003, hours at the U.S. Fish and Wildlife chance overwater dispersal during (‘‘2003 Petition’’), the Administrator of Service, Ventura Fish and Wildlife which foxes rafted on floating debris EPA conditionally exempts Virgin Office, 2493 Portola Road, Suite B, (Moore and Collins 1995). Fossil Islands Water and Power Authority Ventura, CA 93003. evidence indicates that island foxes (‘‘VIWAPA’’) from certain CAA FOR FURTHER INFORMATION CONTACT: inhabited the northern Channel Islands requirements. Field Supervisor, U.S. Fish and Wildlife (San Miguel, Santa Rosa, and Santa (1) A waiver of the requirement to Service, Ventura Fish and Wildlife Cruz) between 10,000 to 16,000 years obtain a PSD permit prior to Office, at the address above (telephone ago (Orr 1968). However, island foxes construction is granted for the electric 805/644–1766; facsimile 805/644–3958). are thought to have existed on the generating unit identified in the 2003 SUPPLEMENTARY INFORMATION: northern Channel Islands even before Petition as Unit 23, St. Krum Bay plant that time, during a period when Santa Background in St. Thomas with the following Cruz, Santa Rosa, and San Miguel were condition: The island fox was first described as one land mass referred to as (i) Unit 23 shall not operate until a Vulpes littoralis by Baird in 1857 from ‘‘Santarosae,’’ last known to have been final PSD permit is received by the type locality of San Miguel Island, united 18,000 years ago (Johnson 1978, VIWAPA for this unit; Santa Barbara County, California. 1983). The island fox was thought to (ii) Unit 23 shall not operate until it Merriam (1888, in Hall and Kelson have reached the southern Channel complies with all requirements of its 1959) reclassified the island fox into the Islands (San Nicolas, San Clemente, and PSD permit, including, if necessary, genus Urocyon and later described Santa Catalina) much more recently retrofitting with BACT; island foxes from Santa Catalina, San (2,200 to 3,800 years ago), most likely (iii) If Unit 23 operates either prior to Clemente, and Santa Cruz Islands as introduced to these islands by Native the issuance of a final PSD permit or three separate taxa (U. catalinae, U. Americans as pets or semidomesticates without BACT equipment, Unit 23 shall clementae, and U. littoralis santacruzae) (Collins 1991a, b). However, island fox be deemed in violation of this waiver (Merriam 1903). Grinnell et al. (1937) remains recently recovered from San and the CAA beginning on the date of revised Merriam’s classification, placing Nicolas Island suggest this introduction VerDate jul<14>2003 15:12 Mar 04, 2004 Jkt 203001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 10336 Federal Register / Vol. 69, No. 44 / Friday, March 5, 2004 / Rules and Regulations was earlier, approximately 5,200 years Island foxes are omnivores, taking a landscape features, and habitat type ago (Vellanoweth 1998). wide variety of seasonally available (Laughrin 1977; Crooks and Van Vuren Genetic evidence confirms the pattern plants and animals (Collins and 1996; Thompson et al. 1998; Roemer et of dispersal suggested by archeological Laughrin 1979; Collins 1980; Kovach al. 2001a). Estimates of territory size and geological findings (Gilbert et al. and Dow 1981; Moore and Collins 1995; range from 59 acres (ac) (24 hectares 1990). The pattern of genetic relatedness Crowell 2001). Island foxes forage (ha)) in mixed habitat (Crooks and Van supports the geological evidence of the opportunistically on any food items Vuren 1996) and 214 ac (87 ha) in sequence of isolation for each island, encountered within their home range. grassland habitat (Roemer 1999) on and each population, as rising sea levels Diet is determined largely by Santa Cruz Island, to 190 ac (77 ha) in separated Santarosae into the northern availability, which varies by habitat and canyons on San Clemente Island Channel Islands. Santa Cruz separated island, as well on a seasonal and annual (Thompson et al. 1998). Island fox from the other northern Channel Islands basis. Island foxes prey on native deer territory configuration changes after the first, about 11,500 years ago, followed mice (Peromyscus maniculatus) and death and replacement of paired male by the separation of San Miguel and harvest mice (Reithrodontomys foxes, but not after the death and Santa Rosa about 9,500 years ago. megalotis catalinae), as well as on replacement of paired females or Together with the fossil record, genetic introduced house mice (Mus musculus) juveniles, indicating that adult males evidence indicates that San Clemente and rats (Rattus rattus and R. are involved in territory formation and was the first southern Channel Island norvegicus). Small mammals may be maintenance (Roemer et al. 2001a). colonized, probably by immigrants from especially important prey during the Although island foxes appear San Miguel. Dispersal then occurred breeding season, because they are large, monogamous, copulations with from San Clemente to San Nicolas and energy-rich food items that adult foxes individuals other than the mate are then Santa Catalina (Gilbert et al. 1990). can bring back to their growing pups common and often result in offspring. Island forms of species generally have (Garcelon et al. 1999). In addition to Courtship activities occur from late less genetic variability than their small mammals, island foxes feed on January to early March; genetic evidence mainland counterparts (Gill 1980), and ground-nesting birds such as horned suggests that inbreeding avoidance island foxes are no exception. Mainland larks (Eremophila alpestris), Catalina occurs (Roemer et al. 2001a). Recent gray foxes are more variable both quail (Callipepla californica endocrine assays on fecal samples from morphologically and genetically than catalinensis), and western meadowlarks San Miguel Island indicate that, unlike island foxes (Wayne et al.