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Department of the Army Permit State Programmatic General Permit (SPGP V-R1)

Attachment 19 Mice Habitat. Southeastern Beach Mouse

Map shows County boundaries (downloaded from http://ecos.fws.gov) Anastasia Beach Mouse

Map shows County boundaries (downloaded from http://ecos.fws.gov) Anastasia Beach Mouse and Southeastern Beach Mouse Habitat Description 20598 Federal Register / Vol. 54, No. 91 / Friday, May 12, 1989 / Rules and Regulations

may also be affecting survival. This rule locality is Point Romo, Anastasia Island. implements the protection and recovery St. Johns County. [Hall 1981). provisions afforded by the Act for these The southeastern beach mouse two beach mice. (Peromyscus polionotus niveirnntris) EFFECTIVE DATE: June 12, 1989. was named by Chapman as Hesperomys ADDRESSES: The complete file for this niveiventris in 1889. Bangs placed it in rule is available for inspection, by the genus Peromyscus in 1898, and appointment, during normal business Osgood (1909) relegated it to subspecies hours at the Jacksonville Field Office, rank under Peromyscus polionotus. This U.S. Fish and Wildlife Service, 3100 is the largest of the beach mice, with 10 University Boulevard South, Suite 120, adults averaging 139 mm. in total length Jacksonville, Florida 32216. and 52 mm. in tail length [Osgood 190&). FOR FURTHER INFORMAnON CONTACT: It is slightly darker and more huffy than Mr. David J. Wesley, Field Supervisor, at Peromyscus polionotus phasma, but still the above address (904/791-2580 or FTS considerably paler than most inland 946-2580). subspecies (it is similar in coloration to inland P. p. rhoadsi, but is much larger SUPPLEMENTARY INFORMATION in size) (Howell, unpubl. ms., circa Background 1940). The type locality is Oak Lodge, Beach mice are pale-colored coastal east peninsula opposite Micco, Brevard subspecies of the oldfield mouse Count , Florida Hall 1981 . (Peromyscus polionotus), a wide-ranging Bot Peromyscus po ionotus p 10sma species in the southeastern United and P. p. niveiventris are restricted to States. Beach mice occur only along the mainly vegetated by sea Atlantic and Gulf coasts of Florida and oats ( paniculata) and panic the Gulf coast of Alabama. Three grass (Paspalum amarulum), and to the subspecies of Gulf coast beach mice, the adjoining scrub, characterized by oaks (Peromyscus (Quercus sp.) and sand pine (Pinus polionotus ammobates), Perdido Key clausa) or palmetto [Serenoa repens) beach mouse (P. p. trissyllepsis), and the [Humphrey and Barbour 1981, Choctawhatchee beach mouse (P. p. Humphrey 1987). Extine and Stout (1987) allophrys), have already been listed as studied dispersion and movements of endangered species pursuant to the Act Peromyscus pofionotus niveiventris on (June 6, 1985; 50 FR 23872). The present Merritt Island. The habitat of the mice rule lists two of the Atlantic coast consisted of three contiguous zones of subspecies. One of these, the Anastasia vegetation running parallel with the Island beach mouse (P. p. phasma), is beach and dune lines. Zone 1 was listed as an endangered species; the seaward and supported sea oats; Zone 2 other, the southeastern beach mouse (P. was characterized by clumps of DEPARTMENT OF THE INTERIOR p. nfreiventris), is listed as threatened. palmetto and sea grape [Coccoloba Both occur only in Florida. The uv1fera], and expanses of open sand: Fish and Wildlife Service Anastasia Island beach mouse was Zone 3 was interior and consisted of known historically from the mouth of dense scrub dominated by palmetto, sea 50 CFR Part 17 the St.'Johns River, Duval County, south grape, and wax myrtle (Myrica to Matanzas Inlet, St. Johns County. The cerifera). Zones 2 and 3 were found to· Endangered and Threatened Wildlife be the preferred habitats of the beach and ; Endangered Status for the southeastern beach mouse formerly occ•1rred from Ponce (Mosquito) Inlet, mice, whereas Zone 1 was marginal. Anastasia Island Beach Mouse and e o owmg m ormahon pertams Threatened Status for the Volusia County, south to Hollywood mostly to Gulf coast beach mice, but Southeastern Beach Mouse Beach, Broward County (Humphrey 1987). probably applies to subspecies along the AGENCY: Fish and Wil

Map shows County boundaries (downloaded from http://ecos.fws.gov) Perdido Key Beach Mouse Critical Habitat Description Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations 60305

Perdido Key Beach Mouse (Peromyscus temporary impacts and reconfiguration mice, necessary for normal behavior, polionotus trissyllepsis) from tropical storms and hurricanes, growth, and viability of all life stages. (1) Critical habitat units are depicted provide abundant food resources, (3) Critical habitat does not include for Escambia County, Florida, and burrow sites, and protection from man-made structures existing on the Baldwin County, Alabama, on the maps predators; effective date of this rule and not below. (iii) Scrub dunes, generally dominated containing one or more of the primary (2) The primary constituent elements by scrub oaks (Quercus spp.), that constituent elements, such as buildings, of critical habitat for the Perdido Key provide food resources and burrow aqueducts, airports, driveways, and beach mouse are the habitat components sites, and provide elevated refugia roads, and the land on which such that provide: during and after intense flooding due to structures are located. (i) A contiguous mosaic of primary, rainfall and/or hurricane-induced storm (4) Critical Habitat Map Units. Data secondary, and scrub vegetation and surge; layers defining map units were created dune structure, with a balanced level of by delineating habitats that contained (iv) Functional, unobstructed habitat competition and predation and few or one or more of the primary constituent connections that facilitate genetic no competitive or predaceous nonnative elements defined in paragraph (2) of this species present, that collectively exchange, dispersal, natural exploratory entry over 1999 and 2004 digital ortho provide foraging opportunities, cover, movements, and re-colonization of photography at a scale of at least 1:4000. and burrow sites; locally extirpated areas; and (5) Note: Map 1 Index of Critical (ii) Primary and secondary dunes, (v) A natural light regime within the Habitat Units for the Perdido Key beach generally dominated by sea oats (Uniola coastal dune ecosystem, compatible mouse, follows: paniculata), that despite occasional with the nocturnal activity of beach BILLING CODE 4310–55–P

Perdido Key Beach Mouse Critical Habitat Description 60306 Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations

BILLING CODE 4310–55–C (6) PKBM—Unit 1: Gulf State Park (i) General Description: This unit Unit, Baldwin County, Alabama. encompasses essential features of beach

Perdido Key Beach Mouse Critical Habitat Description 60316 Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations

BILLING CODE 4310–55–C (9) PKBM—Unit 4: Gulf Beach Unit, (i) General Description: This unit Escambia County, Florida. includes essential features of beach

Perdido Key Beach Mouse Critical Habitat Description Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations 60325 . \ \ ~ Units) Unit ~ Seashore Seashore Florida 0 Co., National PKBM-5 c National N J + X Islands Escambia Islands E Miles M 2 Gulf BIG Gulf Km Mouse, 2 and F 0 l l Beach Beach F 0.5 Kev 0.5 L 0 (Gulf U I 0 G Perdido Habitat Unit the for Beach Critical PKBM-4 I 3. Gulf ~~ .. ~v Map ~~ / ...,,,.,.,--"""' PERDIDOBAY _ _ Chotowatchee Beach Mouse

Map shows County boundaries (downloaded from http://ecos.fws.gov) Choctawhatchee Beach Mouse Critical Habitat Description 60264 Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations

approval by OMB under the Paperwork with Native American Tribal Author(s) Reduction Act. This rule will not Governments’’ (59 FR 22951), Executive The primary author of this package is impose recordkeeping or reporting Order 13175, and the Department of the Panama City Fish and Wildlife requirements on State or local Interior’s manual at 512 DM 2, we Office. governments, individuals, businesses, or readily acknowledge our responsibility organizations. An agency may not to communicate meaningfully with List of Subjects in 50 CFR Part 17 conduct or sponsor, and a person is not recognized Federal Tribes on a Endangered and threatened species, required to respond to, a collection of government-to-government basis. We Exports, Imports, Reporting and information unless it displays a have determined that there are no tribal recordkeeping requirements, currently valid OMB control number. lands occupied at the time of listing Transportation. National Environmental Policy Act contain the features essential for the Regulation Promulgation conservation and no tribal lands that are It is our position that, outside the unoccupied areas that are essential for ■ Accordingly, we amend part 17, Tenth Circuit, we do not need to the conservation of Perdido Key beach subchapter B of chapter I, title 50 of the prepare environmental analyses as mice, Choctawhatchee beach mice, and Code of Federal Regulations, as set forth defined by the NEPA in connection with St. Andrew beach mice. Therefore, below: designating critical habitat under the designation of critical habitat for Endangered Species Act of 1973, as PART 17—[AMENDED] amended. We published a notice Perdido Key beach mice, outlining our reasons for this Choctawhatchee beach mice, and St. ■ 1. The authority citation for part 17 determination in the Federal Register Andrew beach mice has not been continues to read as follows: on October 25, 1983 (48 FR 49244). This designated on Tribal lands. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. assertion was upheld in the courts of the References Cited 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Ninth Circuit (Douglas County v. 625, 100 Stat. 3500; unless otherwise noted. Babbitt, 48 F.3d 1495 (9th Cir. Ore. A complete list of all references cited ■ 2. In § 17.11(h), revise the entry for 1995), cert. denied 116 S. Ct. 698 (1996). in this rulemaking is available upon ‘‘Mouse, St. Andrew beach’’ under Government-to-Government request from the Field Supervisor, ‘‘MAMMALS’’ to read as follows: Relationship With Tribes Panama City Fish and Wildlife Office (see ADDRESSES section). § 17.11 Endangered and threatened In accordance with the President’s wildlife. memorandum of April 29, 1994, * * * * * ‘‘Government-to-Government Relations (h) * * *

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 655 17.95(a) NA beach. polionotus peninsularis.

* * * * * * *

■ 3. In § 17.95(a), revise the entries for Choctawhatchee beach mouse are the during and after intense flooding due to ‘‘Choctawhatchee Beach Mouse habitat components that provide: rainfall and/or hurricane-induced storm (Peromyscus polionotus allophrys)’’ and (i) A contiguous mosaic of primary, surge; ‘‘Perdido Key Beach Mouse (Peromyscus secondary, and scrub vegetation and (iv) Functional, unobstructed habitat polionotus trissyllepsis),’’ and add an dune structure, with a balanced level of connections that facilitate genetic entry for ‘‘St. Andrew Beach Mouse competition and predation and few or exchange, dispersal, natural exploratory (Peromyscus polionotus peninsularis)’’ no competitive or predaceous nonnative movements, and re-colonization of in the same alphabetical order that this species present, that collectively locally extirpated areas; and species appears in the table at § 17.11(h) provide foraging opportunities, cover, to read as follows: and burrow sites; (v) A natural light regime within the (ii) Primary and secondary dunes, coastal dune ecosystem, compatible § 17.95 Critical habitat—fish and wildlife. generally dominated by sea oats (Uniola with the nocturnal activity of beach (a) Mammals. paniculata), that despite occasional mice, necessary for normal behavior, * * * * * temporary impacts and reconfiguration growth, and viability of all life stages. from tropical storms and hurricanes, (3) Critical habitat does not include Choctawhatcee Beach Mouse provide abundant food resources, man-made structures existing on the (Peromyscus polionotus allophrys) burrow sites, and protection from effective date of this rule and not (1) Critical habitat units are depicted predators; containing one or more of the primary for Okaloosa, Walton, and Bay Counties, (iii) Scrub dunes, generally dominated constituent elements, such as buildings,

Florida, on the maps below. by scrub oaks (Quercus spp.), that aqueducts, airports, driveways, and (2) The primary constituent elements provide food resources and burrow roads, and the land on which such of critical habitat for the sites, and provide elevated refugia structures are located.

Choctawhatchee Beach Mouse Critical Habitat Description Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations 60265

(4) Critical Habitat Map Units. Data elements defined in paragraph (2) of this (5) Note: Map 1, Index Map of Critical layers defining map units were created entry over 1999 and 2004 digital ortho Habitat Units for the Choctawhatchee by delineating habitats that contained photography at a scale of at least 1:4000. beach mouse, follows: one or more of the primary constituent BILLING CODE 4310–55–P

Choctawhatchee Beach Mouse Critical Habitat Description 60266 Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations

BILLING CODE 4310–55–C (6) CBM—Unit 1: Henderson Beach (i) General Description: This unit Unit, Okaloosa County, Florida. encompasses essential features of beach

Choctawhatchee Beach Mouse Critical Habitat Description 60278 Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations

BILLING CODE 4310–55–C (8) CBM—Unit 3: Grayton Beach Unit, (i) General Description: This unit Walton County, Florida. encompasses essential features of beach

Choctawhatchee Beach Mouse Critical Habitat Description Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations 60283

BILLING CODE 4310–55–C

Choctawhatchee Beach Mouse Critical Habitat Description 60304 Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations

BILLING CODE 4310–55–C

St Andrew Beach Mouse

Map shows County boundaries (downloaded from http://ecos.fws.gov) St Andrews Beach Mouse Critical Habitat Description 60326 Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations

St. Andrew Beach Mouse (Peromyscus temporary impacts and reconfiguration mice, necessary for normal behavior, polionotus peninsularis) from tropical storms and hurricanes, growth, and viability of all life stages. (1) Critical habitat units are depicted provide abundant food resources, (3) Critical habitat does not include for Bay and Gulf Counties, Florida, on burrow sites, and protection from man-made structures existing on the the maps below. predators; effective date of this rule and not (2) The primary constituent elements (iii) Scrub dunes, generally dominated containing one or more of the primary of critical habitat for the St. Andrew by scrub oaks (Quercus spp.), that constituent elements, such as buildings, beach mouse are the habitat components provide food resources and burrow aqueducts, airports, driveways, and that provide: sites, and provide elevated refugia roads, and the land on which such (i) A contiguous mosaic of primary, during and after intense flooding due to structures are located. secondary, and scrub vegetation and rainfall and/or hurricane-induced storm (4) Critical Habitat Map Units. Data dune structure, with a balanced level of surge; layers defining map units were created competition and predation and few or (iv) Functional, unobstructed habitat by delineating habitats that contained no competitive or predaceous nonnative connections that facilitate genetic one or more of the primary constituent species present, that collectively exchange, dispersal, natural exploratory elements defined in paragraph (2) of this provide foraging opportunities, cover, movements, and re-colonization of entry over 1999 and 2004 digital ortho and burrow sites; locally extirpated areas; and photography at a scale of at least 1:4000. (ii) Primary and secondary dunes, (v) A natural light regime within the (5) Note: Map 1, Index Map of Critical generally dominated by sea oats (Uniola coastal dune ecosystem, compatible Habitat Units for the St. Andrew beach paniculata), that despite occasional with the nocturnal activity of beach mouse, follows:

St Andrews Beach Mouse Critical Habitat Description Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations 60327

BILLING CODE 4310–55–C (6) SABM—Unit 1: East Crooked (i) General Description: This unit Island, Gulf County, Florida. encompasses essential features of beach

St Andrews Beach Mouse Federal Register / Vol. 71, No.Critical 197 / Thursday,Habitat DescriptionOctober 12, 2006 / Rules and Regulations 60341

BILLING CODE 4310–55–C (7) SABM—Unit 2: Palm Point Unit, (i) General Description: This unit Gulf County, Florida. encompasses habitat from Palm Point

St Andrews Beach Mouse Critical Habitat Description Federal Register / Vol. 71, No. 197 / Thursday, October 12, 2006 / Rules and Regulations 60369 Habitat Road Park COUNTY Stale Critical Major • GULF the -- .. for Mile.s 4 Km Units) 4 2 Florida 1 2 Peninsula -1=:=--• 0 --c::==---•- 0 County, BAY Joseph St. Peninsula Park Gulf and JOSEPH State Joseph ST Mouse, St. • Point Beach (Palm 0 0 .,.... N -r ~ + Andrew Habitat ~ Peninsula l St. Unit SABM-3 Critica Joseph 3. St. ~ 0 Map '"rl t'"' c 0