54028 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

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Dated: September 12, 1997. appointment, during normal business the town of Port St. Joe located on the Jamie Rappaport Clark, hours at the above address. central Gulf County coastal mainland, Director, Fish and Wildlife Service. FOR FURTHER INFORMATION CONTACT: Dr. and four specimens near Money Bayou [FR Doc. 97–27548 Filed 10–16–97; 8:45 am] Michael M. Bentzien, at the above in eastern Gulf County (Bowen 1968). BILLING CODE 4310±55±P address (telephone 904/232–2580, ext. Based on these records, Bowen (1968) 106; facsimile 904/232–2404). and James (1992) described the former range of the St. Andrew beach mouse as SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE INTERIOR likely extending from the St. Joseph Spit Background (Peninsula) northwest along the coastal Fish and Wildlife Service The oldfield mouse ( mainland adjacent to St. Joseph Bay, to Crooked Island at the East Pass of St. 50 CFR Part 17 polionotus) occurs in northeastern , , , South Andrews Bay. This range also included RIN 1018±AE41 Carolina, and . Beach mice are about 0.6 kilometer (km) (1 mile (mi)) of coastal subspecies of the oldfield mouse mainland sand dune habitat east of the Endangered and Threatened Wildlife restricted to beach and sand dune landward end of the St. Joseph and Plants; Proposal to List the St. habitat. Hall (1981) recognized eight Peninsula to Money Bayou on the Gulf Andrew Beach Mouse as Endangered coastal subspecies whose common of Mexico. The absence of past AGENCY: Fish and Wildlife Service, distinguishing characteristics include collection records and lack of beach Interior. white feet, large ears, and large black mouse sign and trapping success in the area east of Money Bayou to the ACTION: Proposed rule. eyes. Their fur is variously patterned in shades of white, yellow, brown, and southeastern corner of Gulf County SUMMARY: The Fish and Wildlife Service grey. The head, back, and rump are (James 1987; J. Gore, Florida Game and (Service) proposes endangered status for darkly patterned, though to a lighter and Fresh Water Fish Commission, in litt. the St. Andrew Beach Mouse less extensive degree than inland 1994) suggest that this area may not be (Peromyscus polionotus peninsularis) oldfield mice. The all-white underparts part of the subspecies’ historic range. pursuant to the Endangered Species Act extend higher up to the sides than on Coastal tidal marsh and upland of 1973, as amended (Act). This the inland subspecies (Sumner 1926, habitat between the mainland city of subspecies is restricted to coastal sand Bowen 1968). Howell (1939) described Port St. Joe and the St. Joseph Peninsula dunes and had a historic distribution the type (original) specimen of the St. naturally divided the former range of that included the northeast Florida Andrew beach mouse as having a very the St. Andrew beach mouse into two panhandle from Gulf County into pale, buff-colored head and back with segments. Initial genetic analysis of a portions of Bay County. Its current range extensive white coloration underneath small sample of mice from these is limited to a portion of the St. Joseph and along the sides. Bowen (1968) noted segments and another subspecies, the Peninsula in Gulf County. Habitat two distinct rump color pigmentations, Choctawhatchee beach mouse (P. impacts causing loss of mice and the one a tapered and the other a squared polionotus allophrys), from nearby species’ local capability to recover from pattern, which extended to the thighs. habitat found similarities between the such impacts are primarily responsible Head and body lengths average 75 Crooked Island and St. Joseph Peninsula for the range curtailment. Threats to millimeters (mm) (2.95 inches (in)), tail samples at one gene location (locus). beach mouse habitat include severe mean length 52 mm (2.05 in), and hind The Crooked Island sample was storms, coastal land development and foot mean length 18.5 mm (0.73 in) distinctly different from the its associated activities, and non-storm (James 1992). Choctawhatchee beach mouse sample at related, natural shoreline erosion. Beach mice subspecies historically the same locus. Additional work is Additional threats include predation by occurred on both the Atlantic Coast of needed to determine if these patterns free-ranging domestic cats and Florida from St. Johns through Broward are consistent at several loci (Moyers displacement by house mice. This counties and the eastern Gulf of Mexico 1997). proposal, if made final, would from Gulf County, Florida, to Baldwin Typical beach mouse habitat generally implement the protection provisions County, Alabama (Ivey 1949, Bowen consists of several rows of sand dunes provided by the Act for this beach 1968, James 1992, Stout 1992, Gore and paralleling the shoreline. Prevailing mouse. Schaefer 1993). The St. Andrew beach wind, beach sand, and vegetation DATES: Comments from all interested mouse is the easternmost of the five combine to form and shape coastal parties must be received by December Gulf coast subspecies. Howell (1939) dunes. A common complex of 16, 1997. Public hearing requests must collected the type specimen at St. species, vegetation, and habitat types be received by December 1, 1997. Andrew Point on Crooked Island, characterize the coastal sand dune ADDRESSES: Comments and materials Tyndall Air Force Base, Bay County, ecosystem. The types and amount of concerning this proposal should be sent Florida (type locality). Other historic , vegetation, and habitat may to Michael M. Bentzien, Assistant Field collection records for the subspecies differ, however, among specific sites. Supervisor, U.S. Fish and Wildlife include nine additional specimens from The common types of sand dune habitat Service, 6620 Southpoint Drive South, the type locality, seven mice from St. include frontal dunes, primary dunes, Suite 310, Jacksonville, Florida 32216. Joseph Point and four mice from Cape secondary dunes, inter and intradunal Comments and materials received will San Blas on the St. Joseph Peninsula in swales, and scrub dunes. Frontal dunes be available for public inspection, by Gulf County, 48 individuals at or near and primary dunes are those closest to Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules 54029 the shoreline, most recently formed, and habitat type less frequently when activities began to contribute to these highly dynamic. The foreslope of compared to frontal, primary, and impacts (James 1992). Bowen (1968) was primary dunes grades into the secondary dunes (Blair 1951, Hill 1989, unable to collect beach mice from one developing frontal dunes on the open Gore and Schaefer 1993, Novak 1997). or more historic sites during a 1961 field beach. Frontal dunes on the Gulf Coast James (1987) only rarely observed St. trip. Hurricane Eloise split Crooked are sparsely vegetated, usually by sea Andrew beach mouse tracks in the Island into east and west segments in oats (Uniola paniculata), bluestem interdunal areas within St. Joseph 1975, and multiple attempts to collect (Schizachyrium maritimum), beach Peninsula State Park (SJPSP), located beach mice from the western segment grass (Panicum amarum), and sea rocket within the northern 15 km (9 mi) of the during the early and mid-1980’s were (Cakile constricta). Primary dunes also peninsula. unsuccessful (Gore in litt. 1987). During support stands of these species and Various researchers have also this same period, trap surveys collected include other broad-leaved plants such documented the occurrence of other small numbers of beach mice on the as seaside pennywort (Hydrocotyle beach mouse subspecies within scrub eastern segment. Limited trap and track bonariensis), seashore elder (Iva dunes (Extine and Stout 1987, Hill 1989, surveys during the late 1980’s found no imbricata), and beach morning glory Rave and Holler 1992, Gore and evidence of beach mice within (Ipomea stolonifera) (Clewell 1985). Schaefer 1993, Swilling et al. 1996, undeveloped coastal mainland habitat Secondary dunes consist of one or more Moyers et al. 1996, Novak 1997). Blair between Crooked Island and Money dune lines landward of the primary (1951) believed that the scrub dunes on Bayou, as well as on the St. Joseph dune with a similar though denser Santa Rosa Island offered abundant food Peninsula from near the southern border vegetative cover. Interdunal swales are and cover for the Santa Rosa beach of SJPSP through Cape San Blas to the wet or dry depressions between primary mouse (P. p. leucocephalus). Scrub northeastern end of the peninsula (Gore and secondary dunes while intradunal dunes may also function as refugia in litt. 1990, James 1987). Both surveys swales occur within primary dunes as a during and after storms and as a source revealed that mice still existed on result of wave action, storm surges, and for recolonization of storm-damaged Crooked Island East and also occurred wind erosion. Wet swales are those dunes (Moyers et al. 1996, Swilling et within SJPSP. Gore collected 3.6 mice whose water table is at or near the al. 1996). Their use by the St. Andrew per 100 trap nights during his 1989 surface. Swale vegetation includes beach mouse is not well documented. survey within the park. Based on her plants found on primary and secondary James (1987) noted the absence of tracks survey results, James (1992) estimated dunes as well as salt meadow cordgrass in scrub dunes within SJPSP, although the Crooked Island East population at (Spartina patens), rushes (Juncus sp.), she did collect mice in 1986 from well- 150 mice and the population within sedges (Cyperus sp.), and saltgrass vegetated back dunes on Crooked Island SJPSP at 500 mice. Gore speculated that (Distichlis spicata). Scrub dunes are the (James 1992). Moyers et al. (1996) the range wide population at its lowest oldest of the dune habitat types and are captured beach mice within SJPSP in contained several hundred mice. dominated by woody plants including secondary dunes immediately adjacent Extensive surveying of primary, saw palmetto (Serenoa repens), myrtle to scrub dunes. secondary, and scrub dune habitat on oak (Quercus myrtifolia), sand live oak Based on a study of other Gulf coast Crooked Island East during the 1990’s (Q. geminata), sand pine (Pinus clausa), subspecies that included habitat revealed that the beach mouse slash pine (P. elliottii), seaside rosemary conditions following Hurricane population there no longer existed (Gore (Ceratiola ericoides), greenbrier (Smilax Frederick, Meyers (1983) reported that in litt. 1994, Holler in litt. 1994). Similar sp.), and bush goldenrod (Chrysoma the minimum post-storm area needed to efforts at Cape San Blas on Eglin Air pauciflosculosa). Reindeer moss allow beach mice to persist was 50 Force Base and U.S. Coast Guard (Cladonia leporina) often covers hectares (ha) (124 acres (ac)). He also properties yielded no mice (Gore in litt. otherwise bare dune surfaces. Some determined that a habitat size from 100 1994). Bates (1992) did capture 338 primary and secondary dune vegetation to 200 ha (247 to 494 ac) supporting a separate individuals within SJPSP at a is also present but at reduced densities population of 127 mice was optimal for rate of 26.64 mice per 100 trap nights. (Blair 1951, Gibson and Looney 1992). that population to recover from habitat In 1993 and 1994, Gore (in litt. 1994) Size and density of understory and impacts produced by a storm of again sampled habitat between SJPSP overstory vegetation may vary. comparable intensity. Meyer’s figures and Cape San Blas and trapped nine Trap surveys at Crooked Island and should be used with caution, however, beach mice for a capture rate of 7.56 on the St. Joseph Peninsula documented since he did not know pre-storm habitat mice per 100 trap nights. Based on the the presence of St. Andrew beach mouse conditions or population numbers survey findings to date, Gore (in litt on frontal dunes, as well as on primary within the study area. 1994, 1995) assumed that the St. and secondary dunes (James 1987; Gore Beach mouse populations can at times Andrew beach mouse was then in litt. 1990, 1994; Bates 1992, Moyers undergo great seasonal variations in restricted to the northern 20 to 25 km et al. 1996, Mitchell et al. 1997). These numbers (Bowen 1968, Extine and Stout (12.5 to 15.5 mi) of the St. Joseph results supported other surveys which 1987). Prior to human disturbance, Peninsula. found that the greatest concentration of hurricanes and tropical storms likely In October 1995, Hurricane Opal most other beach mice subspecies were the dominant factors producing caused extensive coastal damage to the occurred in these habitat types (Blair rapid and possible widespread impacts Florida panhandle. Habitat impacts 1951, Hill 1989, Frank and Humphrey on beach mice and their habitat. within the St. Joseph Peninsula 1992, Holler 1992). This concentration Because the St. Andrew beach mouse appeared more extensive outside SJPSP is due in part to a predominance of evolved under adverse weather boundaries (Gore in litt. 1995). Using an plants whose seeds and fruits are conditions, the subspecies developed average density estimate of 2.5 mice per important seasonal constituents of the capability to survive and recover hectare, Gore (in litt. 1995) calculated beach mouse diets (Moyers 1996). from these periodic severe impacts to its that the total population of St. Andrew Although beach mice occur on numbers and habitat. During this beach mice remaining after the storm interdunal and intradunal swales, century, however, more rapid land was around 190 individuals. Moyers et studies of other beach mouse subspecies development, dune encroachment by al. (1996) trapped a total of about 5.25 indicate that, in general, they use this pedestrians and vehicles, and military km (3 mi) of habitat throughout SJPSP 54030 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules in December 1995 and captured 62 status of candidate species and and severely eroding and fragmenting individuals for a rate of 3.44 mice per processing administrative findings on dunes, particularly within the newly- 100 trap nights. They estimated the petitions to add species to the lists or formed western segment (R. Bates, pers. population size within the sampled area reclassify threatened species to comm. 1995). In 1985, Hurricane Kate at 127, a figure which compared endangered status. The processing of scoured dunes within the entire range of favorably to Gore’s post-hurricane this proposed rule falls under Tier 3. At the St. Andrew beach mouse. These estimate. Moyers (1996a) later collected this time, the Southeast Region has no storms caused extensive blowouts in the an additional 11 mice on William J. Rish pending Tier 1 actions and is near high dunes throughout the St. Joseph State Park and on some private parcels completion of its pending Tier 2 actions. Peninsula (James 1992). In 1995, within the St. Joseph Peninsula Additionally, the guidance states that Hurricane Opal, which made landfall 85 immediately south of SJPSP. The most ‘‘effective April 1, 1997, the Service will mi west of St. Joe Bay, severely damaged recent trap survey within SJPSP concurrently undertake all of the and fragmented frontal and primary (February 1997) collected 117 mice for activities included in Tiers 1, 2, and 3’’ sand dunes within the historic range of a capture rate of 9.00 mice per 100 trap (61 FR 64480). the beach mouse. The most seriously nights (Mitchell et al. 1997). They impacted areas were the unoccupied Summary of Factors Affecting the estimated that SJPSP currently may habitat from Crooked Island to Mexico Species support between 300 and 500 mice. The Beach. Gore (in litt. 1995) estimated an estimate represents a significant Section 4 of the Endangered Species average loss of 52 percent of occupied increase over the 1995 post-Hurricane Act and regulations (50 CFR part 424) area within the St. Joseph Peninsula, Opal survey and is comparable to the promulgated to implement the listing with the greatest impacts occurring last pre-Hurricane Opal survey within provisions of the Act set forth the south of SJPSP. Although the the park (Bates 1992). procedures for adding species to the population within the SJPSP has since In addition to habitat impacts, other Federal lists. A species may be recovered, the Service believes that, factors believed to potentially threaten determined to be an endangered or coupled with additional land the continued existence of the St. threatened species due to one or more development, consecutive years of Andrew beach mouse are predation, of the five factors described in section severe weather or a single season of particularly by free-ranging domestic 4(a)(1). These factors and their intense storms over or in close cats (Felis silvestris) and non-native application to the St. Andrew beach proximity to currently occupied habitat coyotes (Canis latrans), and mouse (Peromyscus polionotus may result in extinction of the displacement by house mice (Mus peninsularis) are as follows: subspecies. musculus). A. The Present or Threatened Land development has been primarily responsible for the permanent loss of St. Previous Federal Action Destruction, Modification, or Curtailment of Its Habitat or Range Andrew beach mouse habitat. Historic The Service included the St. Andrew maps suggest that earlier construction of beach mouse as a category 2 species in Using historic topographic maps and State Road 98 and incorporated its September 18, 1985, notice of review their habitat references, the Service development from the vicinity of Port of vertebrate wildlife (50 FR 37958). At calculated that 66 km (41 mi) of the St. Joe to Mexico Beach occurred within that time, category 2 species were estimated 86 km (53.5 mi) of linear area one or more types of coastal sand dune defined as those for which information within the historic range of the St. habitat. Little or no suitable habitat in possession of the Service indicated Andrew beach mouse contained sand currently occurs at the seaward side of that proposing to list as endangered or dune habitat. From field surveys, Gore some of these incorporated areas (J. threatened was possibly appropriate, (in litt. 1994, 1995) estimated the Danford, Gulf County Division of Solid but for which conclusive data on amount of recently occupied habitat to Waste, pers. comm. 1997). This density biological vulnerability and threat(s) be between 20 and 23 km (14.3 to 12.5 of development also tends to fragment were not currently available to support mi), all within the northern two-thirds remaining undeveloped habitat. Meyers a proposed rule. The Service published of the St. Joseph Peninsula. This (1983) believed that intense an updated, combined animal notice of represents up to a 68 percent development could act as a barrier to review (ANOR) on January 6, 1989, curtailment of historic sand dune migration, isolating mice within these which retained the species’ category 2 habitat within the subspecies’ former habitat segments and making them more classification (54 FR 554). In the range. vulnerable to local extinction from one November 21, 1991, ANOR update, the Natural events and manmade or more threats. Neither Gore (in litt. St. Andrew beach mouse was activities that have impacted the St. 1990) nor James (1987) found evidence designated a candidate for listing (56 FR Andrew beach mouse and its habitat of beach mice within these fragmented 58804). The Service retained this include severe storms, land parcels located along the coast between classification in the November 15, 1994, development, military exercises on Port St. Joe and Mexico Beach. The ANOR (59 FR 59020) and in the most Crooked Island, dune encroachment by current status of beach mice within recent notice of review published on vehicles and pedestrians, and non-storm these parcels is unknown. February 28, 1996 (61 FR 7596). related shoreline erosion. Between 1871 Gore (in litt. 1994) ranked continued The processing of this proposed rule and 1995, nearly 50 hurricanes or habitat loss on the St. Joseph Peninsula conforms with the Service’s fiscal year tropical storms occurred within 90 mi of as one of the most serious long-term 1997 listing priority guidance published St. Joe Bay, which is about midway threats to the St. Andrew beach mouse in the Federal Register on December 5, within the historic range of the species. outside of the State parks. He attributed 1996 (61 FR 64475). The guidance calls In this century, storm strength, beach mouse presence in the area for giving highest priority to handling proximity to the historic range, and between SJPSP and Cape San Blas in emergency situations (Tier 1) and degree of habitat impact have been 1994 to the relatively low density of second highest priority (Tier 2) to especially intense during the last 30 housing compared to mainland areas, resolving the status of outstanding years (Doehring et al. 1994). In 1975, and the apparent low threat from free- proposed listings. Third priority (Tier 3) Hurricane Eloise breached Crooked ranging domestic cats, which he is given to resolving the conservation Island, dividing it into two segments believed was related to the primary use Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules 54031 of the residences as vacation homes. In Bayou. The additional natural erosion where they have become predators on addition, most structures are set back has resulted in some habitat sea turtle nests (S. Shea, Tyndall Air from the frontal and primary dune lines. fragmentation. Force Base, pers. comm. 1994; J. Bente, Since 1994, additional construction has Florida Department of Environmental B. Overutilization for Commercial, occurred in this area, as well as within Protection, pers. comm. 1995). Recreational, Scientific, or Educational unoccupied habitat on the remainder of Purposes D. The Inadequacy of Existing the peninsula (J. Danford, pers. comm. Regulatory Mechanisms 1997). The construction has proceeded This factor is not now known to be despite the unavailability of federally applicable. The Federal Coastal Barrier Resources Act of 1982 and the Coastal Barrier financed loans or flood insurance (see C. Disease or Predation factor D). The Service believes that Improvement Act of 1990 (CBRA) continued construction may result in The impact of parasites and pathogens prohibit most new Federal expenditures intense development of secondary and on beach mice populations and their and financial assistance within Coastal scrub dunes, resulting in the severe potential contribution to the decline of Barrier Resources System (CBRS) units. fragmentation or loss of these habitat the St. Andrew beach mouse are CBRA also prohibits the sale of new types. These areas are known to be unknown. Significant adverse impacts Federal flood insurance for new important to other beach mice from these factors might occur when construction or substantial subspecies (see ‘‘Background’’ section). combined with or as a function of other improvements within otherwise Intense impacts to these habitat types, threats. Studies and observations by protected areas. There are two CBRS coupled with severe storms affecting various researchers strongly suggest that units and one otherwise protected area frontal and primary dunes, may predation, especially by free-ranging within the historic range of the St. contribute to the extinction of the St. domestic cats, is an important factor Andrew beach mouse. The Cape San Andrew beach mouse. Gulf County has contributing to the loss of mice from Blas Unit (P30) covers all of the St. constructed snow fencing and planted local habitat within or adjacent to Joseph Peninsula, while the otherwise dune vegetation to restore frontal and developed areas (Blair 1951, Humphrey protected area (P30P) corresponds with primary dunes on the St. Joseph and Barbour 1981, Holliman 1983, the boundaries of St. Joseph Peninsula Peninsula and elsewhere damaged as a Humphrey et al. 1987). Bowen (1968) State Park. Habitat west of the city of result of Hurricane Opal (J. Danford, provided an anecdotal report on the Mexico Beach, including Crooked Island pers. comm. 1997). complete absence of beach mouse sign East and West, are part of the St. Other human activities impact beach on a 3.2 km (2 mi) stretch of beach Andrew Complex Unit (P31). CBRA mouse habitat. Gore (in litt. 1994) having abundant cat tracks. Frank and does not prohibit use of non-Federal or described the sand dunes east of Cape Humphrey (1992) noted a reduction of private funds to finance or insure San Blas as having little vegetation and cat sign on dunes and an increase in projects within CBRS units or otherwise generally in poor quality. He attributed Anastasia Island beach mouse (P. p. protected areas. As a result, coastal this situation to a combination of storm phasma) numbers and mean construction may still proceed within damage exacerbated by vehicular traffic survivorship following removal of 15 to all remaining undeveloped parcels on the beach. Although Gulf County has 20 cats from the camping area at within the subspecies’ historic range. updated its beach driving ordinance in Anastasia State Recreation Area. Gore Eglin Air Force Base currently allows an attempt to eliminate dune impacts on and Schaeffer (1993) found a significant beach driving through its Cape San Blas the St. Joseph Peninsula (Gulf County inverse relationship between the ratio of property and adjacent property it leases Commission 1997), some areas continue Santa Rosa beach mice to cat tracks on from and manages for the U.S. Coast to have problems with dune sample transects within developed and Guard. However, the agreement with encroachment by all-terrain vehicles (D. undeveloped dune areas on Santa Rosa Gulf County prohibits vehicles and Wibberg, Office of the Gulf County Island. Their median transects in the pedestrians from encroaching on or near Board of Commissioners, pers. comm. developed areas contained no mouse sand dunes. Strict enforcement of this 1997). Prior to 1985, trial exercises with tracks and 13 cat tracks. Bates (1992) provision has been difficult due to the military hovercraft contributed to found that predators in SJPSP did not distance of Eglin’s main base from the habitat degradation on Crooked Island appear to concentrate near dunes and Cape San Blas unit and the lack of (James 1992). The Department of the infrequent house cat tracks observed onsite enforcement personnel. The Defense has since discontinued this occurred mainly near structures. distance also hampers efforts at practice (R. Bates, Tyndall Air Force Although Bates failed to capture beach evaluating and taking action on Base, pers. comm. 1995) and is restoring mice in dunes adjacent to the camping potential problems associated with free- dune habitat and funding translocation areas, Moyers et al. (1996) did capture ranging domestic cats. of beach mice onto Crooked Island. mice and observe tracks in these areas. State laws protect sea oats, a critical Severe natural erosion within a Gore (in litt. 1994) believed that the component of the dune vegetative section of beach north of Cape San Blas, house cat population then on private community, from being picked on primarily within U.S. Coast Guard lands south of SJPSP was less of a public land but do not prohibit this property on the St. Joseph Peninsula, problem than other developed areas activity on private land nor their has resulted in the loss of frontal, because the residences there served destruction during construction primary, and secondary dunes (Gore in mainly as seasonal vacation homes. He activities. State-regulated Coastal litt. 1994). Sporadic natural shoreline nevertheless believed further Construction Control Lines (CCCL) erosion of frontal and primary dunes is introductions associated with additional correspond to the limits of the coastal also occurring north of this area to land development could pose a serious high hazard 100-year storm event SJPSP, as well as between Cape San Blas threat to beach mouse populations. impact area. Construction seaward of and Money Bayou. The principal effect Other mammalian predators occurring the CCCL requires permits whose in the area of severe erosion has been to on sand dunes within SJPSP include stringent requirements generally result isolate occupied habitat on the northern fox, bobcat, raccoon, and coyote (Bates in protection of beach, frontal dune, and peninsula from unoccupied habitat 1992). Coyotes are relatively recent primary dune habitats (G. Chelicki, between Cape San Blas and Money migrants to SJPSP and Crooked Island, Florida Department of Environmental 54032 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules

Protection, pers. comm. 1997). The same fitness. Increased predation pressure Critical Habitat protections are not afforded to and competition for available food and Critical habitat is defined in section 3 secondary and scrub dune habitats cover may further weaken populations of the Act as: (i) The specific areas occurring landward of the CCCL. The through direct mortality and reduced within the geographical area occupied State has designated Crooked Island reproductive success. The combined by a species, at the time it is listed in East and West as critical wildlife areas, threats may result in severe decline accordance with the Act, on which are which would protect plants and animals leading to extinction of these isolated found those physical or biological from take or disturbance by pedestrians, populations (Caughley and Gunn 1996). features (I) essential to the conservation The ecological similarity of house vehicles, and dogs, but this designation of the species and (II) that may require mice and oldfield mice (Gentry 1966, does not address habitat protection (S. special management considerations or Briese and Smith 1973) suggests that Shea in litt. 1997). protection; and (ii) specific areas The St. Andrew beach mouse is listed competition and aggression may occur outside the geographical area occupied as a State endangered species. Chapter between these species. An inverse by a species at the time it is listed, upon 39–27.002 of the Florida Administrative relationship appears to exist between Code prohibits the take, possession, or the population densities of the house a determination that such areas are sale of endangered species except as mouse and inland oldfield mice essential for the conservation of the authorized by specific permit for the (Caldwell 1964, Caldwell and Gentry species. ‘‘Conservation’’ means the use purpose of enhancing the survival 1965, Gentry 1966). Humphrey and of all methods and procedures needed potential of the species. The law does Barbour (1981) documented mutually to bring the species to the point at not provide for the protection or exclusive distribution patterns of house which listing under the Act is no longer conservation of a listed species’ habitat. mice and other Gulf coast beach mice, necessary. Bay County, Florida, restricts beach a pattern similar to that observed by Section 4(a)(3) of the Act, as driving to permitted vendors. State Frank and Humphrey (1992) for the amended, and implementing regulations parks on the St. Joseph Peninsula do not Anastasia Island beach mouse, and by (50 CFR 424.12) require that, to the permit beach driving within their Gore (in litt. 1987, 1990, 1994) and maximum extent prudent and boundaries. Gulf County regulates beach Holler (in litt. 1994) for the St. Andrew determinable, the Secretary designate driving on the peninsula between beach mouse. The significance of critical habitat at the time the species is Indian Pass and SJPSP by ordinance and competition to the observed patterns is determined to be threatened or permits. The ordinances restrict the not clear. In general, the observations endangered. The Service finds that number of vehicle access points and suggest that where conditions favor one designation of critical habitat is not prohibits driving in, on, or over sand of the two species, that species will prudent for the St. Andrew beach mouse dunes or vegetated areas. They do not predominate or exclude the other at this time. Service regulations (50 CFR address pedestrian encroachment. The species. Briese and Smith (1973) noted 424.12(a)(1)) state that designation of most recent revised ordinance creates a that house mice primarily invade critical habitat is not prudent when one 7.6 meter (25 foot) dune buffer zone disturbed areas, such as when or both of the following situations within a portion of the St. Joseph development occurs, and are able to exist—(1) The species is threatened by Peninsula, in which beach driving and establish themselves in these and taking or other human activity, and parking are prohibited (Misty Nabers, adjacent habitats occupied by low identification of critical habitat can be Florida Department of Environmental densities of oldfield mice. They also expected to increase the degree of threat Protection, pers. comm. 1997). This noted that house mice seem to be less to the species, or (2) such designation of revision does not apply to the section of affected by predation from house cats critical habitat would not be beneficial the peninsula between about 3.2 km (2 than oldfield mice. to the species. mi) northwest of Cape San Blas to The Service has carefully assessed the Designated critical habitat is protected Money Bayou (D. Wibberg, pers. comm. best scientific and commercial by the Act only under section 7(a)(2), 1997). information available regarding the past, which provides that activities that are Gulf County does not have any present, and future threats faced by this federally funded, permitted, or carried ordinances relating to the ownership, species in determining to propose this out may not destroy or adversely modify control, and handling of free-ranging rule. Based on this evaluation, the critical habitat. However, section 7(a)(2), domestic cats. preferred action is to list the St. Andrew which also prohibits Federal activities beach mouse (Peromyscus polionotus likely to jeopardize listed species, E. Other Natural or Manmade Factors peninsularis) as endangered. The provides substantial protection to the Affecting its Continued Existence primary threats to the continued habitat of listed species, even if critical In addition to severe storms, other existence of the species are habitat habitat is not designated. Section 7(a)(4) widespread climatic conditions that can impacts from periodic severe weather requires Federal agencies to confer occur within the range of the St. and land development, which result in informally with the Service on any Andrew beach mouse include periods of direct loss of mice and the capability of action that is likely to jeopardize the drought and freezing weather. The remaining mice to recover from such continued existence of a proposed extent of any direct or indirect impacts impacts. Other potentially significant species or result in the destruction or of these factors on beach mouse threats include predation by free- adverse modification of proposed survival, either alone or in combination ranging domestic cats and possible critical habitat. For most species, with manmade threats, is not known. competitive displacement by the house including the St. Andrew beach mouse, Storms and residential and mouse. The Service considers the threat the protection afforded the species’ commercial development can fragment of extinction of high magnitude and habitat through application of the no and isolate beach mouse habitat. This imminent because of the more than two- jeopardy standard is so strong, the isolation precludes movement and gene thirds estimated range curtailment, the Service believes there would be no flow among other habitat blocks. In species’ restriction to a single land unit, direct net conservation benefit from smaller blocks, the lack of gene flow and the recent high frequency of severe designating critical habitat. may result in a loss of genetic diversity, storms occurring within or in close Regulations (50 CFR part 402.02) which can reduce the population’s proximity to the species’ historic range. define ‘‘jeopardize the continued Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules 54033 existence of’’ as meaning to engage in an Eglin Air Force Base, pers. comm. 1997). responsible Federal agency must enter action that would reasonably be Eglin recently completed an ecological into formal consultation with the expected, directly or indirectly, to survey of Cape San Blas that will assist Service. reduce appreciably the likelihood of them in deciding how best to manage Federal agency actions that are both the survival and recovery of a the natural resources within the unit. expected to require conference and/or listed species in the wild by reducing On Crooked Island, Tyndall Air Force consultation as described in the the reproduction, numbers, or Base restricts beach access on both east preceding paragraph include mission- distribution of that species. and west segments to pedestrians and related activities authorized or carried ‘‘Destruction or adverse modification’’ is authorized vehicles, and also prohibits out by Tyndall Air Force Base on defined as a direct or indirect alteration dune encroachment. Natural resource Crooked Island and by Eglin Air Force that appreciably diminishes the value of personnel review all requests for Base at the Cape San Blas unit, critical habitat for both the survival and military operations to minimize or following any translocation of beach recovery of a listed species. The St. eliminate potential habitat disturbances. mice to these locations. The Service’s Andrew beach mouse is restricted to Because of these current conditions, the experience with other beach mice coastal sand dunes that consist of Service believes that a designation of indicates that, with planning, beach several rows paralleling the shoreline. Crooked Island or Cape San Blas as mouse conservation and military The common types of sand dune habitat critical habitat is not prudent because it activities are compatible. include frontal dunes, primary dunes, would not result in any additional The Federal Emergency Management secondary dunes, inter and intradunal benefit to the species. Agency (FEMA) provides flood swales, and scrub dunes. Beach mice Based on the above discussion, the insurance for completed structures occur mostly in frontal, primary, and Service has determined that the lack of through the National Flood Insurance secondary dunes due in part to the additional conservation benefit from Program. Section 7 of the Act normally predominance of plants whose seeds critical habitat designation for this would require FEMA to consider and fruits are important seasonal species makes such designation not conference or consultation with the constituents of beach mouse diets. prudent. Service where the agency provides flood insurance to private landowners with Further, scrub dunes may function as Available Conservation Measures refugia during and after storms and as structures located in occupied habitat. a source for recolonization of storm- Conservation measures provided to In this case, private property occupied damaged dunes. Because of the highly species listed as endangered or by the beach mouse within the St. precarious status of the St. Andrew threatened under the Endangered Joseph Peninsula is also located within beach mouse, destruction or adverse Species Act include recognition, a CBRS unit and subject to the CBRA modification of any of these habitat recovery actions, requirements for prohibitions against the acquisition of features to the point of appreciably Federal protection, and prohibition new federally-funded coastal flood diminishing habitat value for recovery against certain practices. Recognition insurance for new construction or and survival would also jeopardize the through listing results in public substantial improvements (see factor D species’ continued existence by awareness and conservation actions by under ‘‘Summary of Factors Affecting reducing its reproduction, numbers, or Federal, State, and local agencies, the Species’’). The Service, therefore, distribution. private organizations, and individuals. believes the proposed listing will have For the St. Andrew beach mouse, the The Act provides for possible land no additional impact on the application Service, therefore, has determined that acquisition and cooperation with the of FEMA’s flood insurance program. designation of critical habitat would not States and requires that recovery actions U.S. Army Corps of Engineers add any protection over that afforded by be carried out for all listed species. The involvement in the section 7 the jeopardy standard. Any appreciable protection required of Federal agencies consultation process may result from diminishment of habitat sufficient to and the prohibitions against taking and the issuance of permits for the filling of appreciably reduce the value of the harm are discussed, in part, below. wet interdunal swales subject to section habitat for survival and recovery would Section 7(a) of the Act, as amended, 404 of the Clean Water Act (33 U.S.C. also appreciably reduce the likelihood requires Federal agencies to evaluate 1344 et seq.). Conference or consultation of survival and recovery by reducing their actions with respect to any species will be required should the Corps reproduction, numbers, or distribution. that is proposed or listed as endangered determine that such permit issuance The Service has found this to be the or threatened and with respect to its may affect the St. Andrew beach mouse. case for several listed species, for which critical habitat if any is being The Service may undertake internal an appreciable reduction in habitat designated. Regulations implementing consultations when carrying out value would trigger the jeopardy this interagency cooperation provision recovery activities such as dune standard, for example the Appalachian of the Act are codified at 50 CFR part restoration and construction of elktoe mussel, listed as endangered on 402. Section 7(a)(4) requires Federal pedestrian crossovers or when November 23, 1994 (59 FR 60324), and agencies to confer with the Service on reviewing incidental take permit three Texas aquatic invertebrates, listed any action that is likely to jeopardize applications under section 10(a)(1)(B) of as endangered on June 5, 1995 (60 FR the continued existence of a species the Act. 29537). proposed for listing or result in the The National Oceanic and Within unoccupied lands under destruction or adverse modification of Atmospheric Administration Federal management, both Eglin and proposed critical habitat. If a species is administers the Coastal Energy Impact Tyndall Air Force bases are actively listed subsequently, section 7(a)(2) Program (CEIP). CEIP is a Federal involved in conservation of sand dune requires Federal agencies to ensure that assistance program providing grant and habitat. Eglin Air Force Base does not activities they authorize, fund, or carry loan assistance for use in planning allow dune encroachment by vehicles out are not likely to jeopardize the studies, public works construction, land and pedestrians within its Cape San continued existence of the species or acquisition, and environmental loss Blas unit boundaries and closely destroy or adversely modify its critical mitigation projects, all associated with reviews mission-related activities for habitat. If a Federal action may affect a energy-related facility siting. Such a potential habitat impacts (R. McWhite, listed species or its critical habitat, the siting, however unlikely, within 54034 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules occupied or potentially occupied habitat Act. The intent of this policy is to concerned governmental agencies, the might result in some modification that increase public awareness of the effect scientific community, industry, or any minimizes or avoids impacts to the of this listing on proposed and ongoing other interested party concerning this species. The great majority of section 7 activities within the species’ range. The proposed rule are hereby solicited. consultations traditionally result either Service believes that, based on the best Comments particularly are sought in no project changes or modifications available information, the following concerning: rather than curtailment of the affected actions will not result in a violation of (1) Biological, commercial trade, or Federal activity. section 9: other relevant data concerning any Actions taken and in progress for the (1) Beneficial activities whose threat (or lack thereof) to this species; St. Andrew beach mouse include implementation does not result in take (2) The location of any additional updated status surveys within a portion of beach mice. Such activities include, populations of this species and the of the historic range, a population but are not limited to, boardwalk reasons why any habitat should or genetics analysis, and population construction on or over dunes, use of should not be determined to be critical viability modeling. Future actions snow fencing and planting of local, habitat pursuant to section 4 of the Act; include a translocation of some mice native dune vegetation to accelerate (3) Additional information concerning from the St. Joseph Peninsula to dune restoration, and dune the range, distribution, and population Crooked Island East through the reconstruction using beach quality sand. size of this species; and cooperation and support of Tyndall Air (2) Normal residential activities on (4) Current or planned activities in the Force Base. The Service plans to unoccupied habitat that would not subject area and their possible impacts continue pursuing conservation actions result in take of beach mice, such as, on this species. it believes will be effective in landscape maintenance, private Final promulgation of the regulations measurably reducing the threats to the development and dune access by on this species will take into species’ continued existence. vehicles and pedestrians. consideration the comments and any The Act and its implementing (3) Activities authorized, funded, or additional information received by the regulations set forth a series of general carried out by a Federal agency when Service, and such communications may prohibitions and exceptions that apply the action is conducted in accordance lead to a final regulation that differs to all endangered wildlife. The with section 7 of the Act. from this proposal. prohibitions, codified at 50 CFR 17.21, Potential activities involving the St. The Act provides for one or more in part, make it illegal for any person Andrew beach mouse that the Service public hearings on this proposal, if subject to the jurisdiction of the United believes will likely be considered a requested. Requests must be received States to take (includes harass, harm, violation of section 9 include, but are within 45 days of the date of publication pursue, hunt, shoot, wound, kill, trap, not limited to, the following: of the proposal in the Federal Register. capture, or collect; or to attempt any of (1) Take of St. Andrew beach mouse Such requests must be made in writing these), import or export, ship in without a permit. and be addressed to the Jacksonville interstate commerce in the course of (2) Possession, sale, delivery, Field Office (see ADDRESSES section). commercial activity, or sell or offer for carrying, transportation, or shipping of sale in interstate or any foreign illegally taken St. Andrew beach mice. National Environmental Policy Act commerce any listed species. It is also (3) Destruction or alteration of The Fish and Wildlife Service has illegal to possess, sell, deliver, carry, occupied habitat that results in the determined that Environmental transport, or ship any such wildlife that death of or injury to the St. Andrew Assessments and Environmental Impact has been taken illegally. Certain beach mouse through the significant Statements, as defined under the exceptions apply to agents of the impairment of essential behaviors authority of the National Environmental Service and State conservation agencies. including breeding, feeding, or Policy Act of 1969, need not be Should this rule be finalized, the sheltering. prepared in connection with regulations prohibitions of section 9 will not apply Questions regarding whether specific adopted pursuant to section 4(a) of the to St. Andrew Beach mice which were activities will constitute a violation of Act. A notice outlining the Service’s held in captivity or a controlled section 9 or to obtain approved reasons for this determination was environment on the date of the final guidelines for actions within beach published in the Federal Register on rulemaking, provided that such holding mouse habitat, contact the Field October 25, 1983 (48 FR 49244). and any subsequent holding of such Supervisor of the Service’s Panama City mice was not in the course of a Field Office, 1612 June Avenue, Panama Required Determinations commercial activity. City, Florida 32405–3721 (telephone The Service has examined this Permits may be issued to carry out 850/769–0552). Requests for copies of regulation under the Paperwork otherwise prohibited activities the regulations concerning listed Reduction Act of 1995 and found it to involving endangered wildlife under animals and inquiries regarding contain no information collection certain circumstances. Regulations prohibitions and permits may be requirements. governing permits are codified at 50 addressed to the U.S. Fish and Wildlife CFR 17.22 and 17.23. Such permits are Service, Ecological Services, Permit References Cited available for scientific purposes, to Coordinator, 1875 Century Boulevard, A complete list of all references cited enhance the propagation or survival of Suite 200, Atlanta, Georgia 30345 herein, as well as others, is available the species, and/or for incidental take in (telephone 404/679–7110; facsimile upon request from the Jacksonville Field the course of otherwise lawful activities. 404/679–7081). Office (see ADDRESSES section). It is the policy of the Service, Author: The primary author of this Public Comments Solicited published in the Federal Register on document is John Milio (see ADDRESSES July 1, 1994 (59 FR 34272), to identify The Service intends that any final section). to the maximum extent practicable at action resulting from this proposal will the time a species is listed, those be as accurate and as effective as List of Subjects in 50 CFR Part 17 activities that would or would not possible. Therefore, comments or Endangered and threatened species, constitute a violation of section 9 of the suggestions from the public, other Exports, Imports, Reporting and Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules 54035 recordkeeping requirements, PART 17Ð[AMENDED] order under , to the List of Transportation. Endangered and Threatened Wildlife to 1. The authority citation for part 17 read as follows: Proposed Regulation Promulgation continues to read as follows: § 17.11 Endangered and threatened Accordingly, the Service hereby Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– wildlife. proposes to amend part 17, subchapter 625, 100 Stat. 3500, unless otherwise noted. B of chapter I, title 50 of the Code of * * * * * 2. Section 17.11(h) is amended by Federal Regulations, as set forth below: (h) * * * adding the following, in alphabetical

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

Mammals

******* Mouse, St. Andrew Peromyscus U.S.A.(FL) ...... Entire ...... E ...... NA NA beach. polionotus peninsularis.

*******

Dated: October 2, 1997. ADDRESSES: See SUPPLEMENTARY The scoping meetings are intended to Jamie Rappaport Clark, INFORMATION for meeting locations. gather public input on a broad range of Director, Fish and Wildlife Service. Written comments should be sent to options to be considered in addressing [FR Doc. 97–27549 Filed 10–16–97; 8:45 am] Rebecca J. Lent, Chief, Highly Migratory HMS issues. The scoping document was developed with input from the APs and BILLING CODE 4310±55±P Species Division, National Marine Fisheries Service, 1315 East-West outlines major issues and options under Highway, Silver Spring, MD 20910. consideration. NMFS is seeking public DEPARTMENT OF COMMERCE Clearly mark the outside of the envelope input on these and other issues and ‘‘Scoping Comments.’’ Copies of the options for HMS fisheries. National Oceanic and Atmospheric scoping document can be requested by As part of the FMP development Administration telephone: 301–713–2347 or fax: 301– process, NMFS intends to prepare 713–1917. Environmental Impact Statement (EIS) 50 CFR Parts 285, 630, 644, and 678 documents due to the potentially FOR FURTHER INFORMATION CONTACT: Liz significant impact of upcoming [I.D. 100897B] Lauck or Jill Stevenson, telephone: 301- regulations on the human environment, 713-2347. and because changes have occurred in Atlantic Highly Migratory Species; SUPPLEMENTARY INFORMATION: NMFS is the fisheries since the last EISs were Scoping Meetings considering future management prepared (62 FR 45614, August 28, AGENCY: National Marine Fisheries measures for Atlantic tunas, Atlantic 1997). Participants in the fishery, Service (NMFS), National Oceanic and swordfish, Atlantic shark, and Atlantic including processors, may be required Atmospheric Administration (NOAA), billfish fisheries to be included in a to operate under alternative Commerce. comprehensive Fishery Management management measures that may redistribute fishing effort and/or ACTION: Plan (FMP) for Atlantic tunas, swordfish Scoping meetings; request for mortality in order to facilitate recovery comments. and sharks, and an amendment to the Billfish FMP. Options for management of HMS. The EIS documents will SUMMARY: NMFS will hold 21 scoping may include long-term rebuilding address the impacts of potential future meetings to receive comments from programs, reallocation of quotas, management options on the natural and fishery participants and other members recreational bag limits, commercial trip human environment for the Atlantic of the public on Atlantic tunas, Atlantic limits, minimum size restrictions, time/ tuna, Atlantic swordfish, Atlantic shark, swordfish, Atlantic shark, and Atlantic area closures, regional quotas, and Atlantic billfish fisheries. billfish fisheries. A scoping document of consistency between state and Federal Special Accommodations issues and options for Highly Migratory regulations, gear restrictions, limited These meetings are physically Species (HMS) fishery management is access, essential fish habitat, and accessible to people with disabilities. available for public comment (see permitting and reporting requirements. Requests for sign language ADDRESSES). The purpose of this Consistent with the new requirements interpretation or other auxiliary aids announcement is to notify the public of of the Magnuson-Stevens Fishery should be directed to Liz Lauck at least meetings and provide for public Conservation and Management Act 5 days before the meeting date (see FOR participation in the management (Magnuson-Stevens Act), NMFS FURTHER INFORMATION CONTACT). Written process. established an HMS Advisory Panel comments on the issues and options for DATES: Meetings will be held October 27 (AP) and a billfish AP to assist in future management of HMS fisheries are through November 17, 1997. See developing and amending FMPs for also welcome. SUPPLEMENTARY INFORMATION for specific HMS species. In the case of any species dates and times. Written comments on identified as overfished, the APs would Meeting Locations the issues must be received on or before also assist in developing rebuilding The meeting schedule is as follows: December 1, 1997. programs. Monday, Oct 27, 1997, 7–10 p.m.