34504 Federal Register / Vol. 49, No. 171 / Friday, August 31,1984 / Rules and Regulations
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34504 Federal Register / Vol. 49, No. 171 / Friday, August 31,1984 / Rules and Regulations County, Florida. Destruction and alternation of tropical hardwood hammock forest, to which both species are restricted, is a threat to their continued existence. Both were listed as endangered by an emergency rule on September Z&1983, but that rule expired on May 18,1994. This final rule restores the protection of the Endangered Species Act of 1973, as amended. DATES The effective date of this rule is August 3~1934 because the Service considers that the period between the expiration of the emergency rule covering the Key Largo woodrat and cotton mouse, and the implementation of 50 CFR Part 17 this permanent final rule, should be as Endangered and Threatened Wildlife brief as possible because of the threats and Plants; Determination of facing these species. Endangered Status for the Key Large ADDRESSES: The complete file for this Woodrat and Key Largo Cotton Mouse rule is available for inspection, by appointment, during normal business AGENCY: Fish and Wildlife Service, Interior. hours (7:00 a.m.--%30 p.m.) at the Service’s Endangered Species Field ACTION: Final rule. Station, U.S. Fish and Wildlife Service. 2747 Art Museum Drive, Jacksonville, SUMMARY: The Service determines endangered status for the Key Large Flordia 32207. woodrat and cotton mouse, two small FOR FURTHER INFORMATION CONTACt: mammals native to Key Large, Monroe Mr. David J. Wesley, Endangered Federal Register / Vol. 49, No. 171 / Friday, August 31, 1984 / Rules and Regulations 34505 . Species Field Supervisor, at the above rubrum), and brittle thatch palm recently published (Barbour and ’ address (904/7%-2580 or FTS 9462580). (Thrinax microcurpo). Humphrey 1982). In the Federal Register SUPPLEMENTARY INFORMATION: Tropical hardwood hammocks of July 28,198O (45 FR 4996149962). the develop a closed canopy when they are Service published a notice of petition Background mature, providing a more moderate, acceptance and status review, and The Key Large woodrat (Neolumo humid environment than the announced its intention to propose floridano small]] was described by surrounding habitats. The Key Largo listing the two Key Large rodents. In the Sherman (1955). It is a small mammal, woodrat and cotton mouse are restricted Federal Register of December 30,1982 just over a foot in length including the to these hammocks. Tropical hardwood (47 FR 58454-584601, these two mammals haired tail, and the overall coloration is hammocks were originally found from were included in category 1 of the gray-brown above and white below. It is Key West northward into the southern Service’s Review of Vertebrate Wildlife, the southernmost subspecies of woodrat peninsula of Florida.- Many of the meaning that there was sufficient in the U.S., and is separated by a SO- hardwood hammocks on the peninsula, information 03 hand to support the mile gap from other Flordia woodrat (A? however, have been destroyed due to bioiogical appropriateness of a listing f. floridano) populations. The Key Large human activities. This habitat is one of proposal. In the Federal Register of cotton mouse (Peromyscus gossypinus the most limited and threatened September 21.1983 (48 FR 43040-430433, ’ allapaticola) was described by ecosystems in Florida. The hammocks the Service issued an emergency rule Schwartz (1952). It is about half as long on north Key Largo represent some of listing both species as endangered (for as the woodrat, and its coloration is the larges remaining tracts of this details, see below under “Available reddish brown above and white below. vegetation type. Based on work carried Conservation Measures”). The Both the woodrat and cotton mouse are out on Key Large from 1968 to 1973, emergency rule expired on May 18,1984. endemic to Key Large, Monroe County, Brown (1978) reported that the Key In the Federal Register of February 9, Florida, and originally occurred Largo woodrat had been extirpated by 1984 (49 FR 49514926). the Service throughout the hardwood hammocks on fires and development from the southern published a proposed permanent this Key, but have disappeared from two-thirds of Key Largo. determination of endangered status and most of their original range. Both species Hersh (1981) studied the ecology of critical habitat for the two species. were introduced to Lignumvitae Key, the woodrat on north Key Largo. Monroe County, Florida, in 1970. The Woodrat densities on a 5.25-hectare [13- Summary of Comments and woodrat may have reached the carrying acre) study area varied between 2 and Recommendations capacity of the available habitat on this 2.5 woodrats per hectare (0.8-1.0 In the proposed rule of February 9, 90-hectare (220-acre) key, a State woodrat per acre). Mean home range 1984, and associated notifications, all botanical site, but the status of the was 0.2368 hectares (0.6 acre). Each interested parties were requested to woodrat used several stick nests (about cotton mouse there is miknown. The submit information that might contribute Florida Department of Parks and 5.6 nests per woodrat). Woodrats fed on to the development of a final rule. Recreation had considered relocating leaves, buds, seeds, and flowers of a variety of plants. Appropriate State and Federal agencies, the woodrat and cotton mouse from county governments, scientific Lignumvitae Key, because neither Based on studies carried out on north organizations, and other interested species is native there. No such Key Large from January to August of parties were contacted and requested to translocation efforts are presently 1979, Earbour and Humphrey (1982) planned, however. found that the woodrat and cotton comment. Newspaper notices, inviting The upland areas that the woodrat mouse were most abundant in mature public comment, were published in the hammocks and were rare or absent in Miami Herald on February 29,19&Q, the and cotton mouse inhabit on north Key Marathon Keynoter on March 1,1984, Largo reach an elevation of about 4 young or recovering hammocks. Cotton and the Key West Citizen on March 2, meters (13 feet). The uplands support a mouse density was estimated to be 21.8 rich biota, including many rare plant mice per hectare (8.8 per acre) in mature 1984. On March 12,1984, the Service species. The climax vegetation type is a forest, but only 1.2 per hectare (0.5 per received a request for a public hearing hardwood hammock forest with close acre) in successional forest. About 463 on the proposal. The hearing was held floristic affinities to the West Indies, hectares (1144 acres) on north Key Large on April 24,1984. in the Plantation Key The hammocks are restricted to upland were occupied by woodrats. Stick nests Courthouse, Monroe County, Florida. areas because they do not tolerate the were absent from two hammocks During the comment period, 62 introsion of salt water in the tidal surveyed southwest of the U.S. l-State comments were received. The hearing lowland areas. Route 905 intersection. The total was attended by 118 persons; 33 Species associated with the north Key woodrat population on north Key Largo individuals made oral statements, and Large hammocks include the Schaus was estimated to be 654: the introduced 12 written statements were handed in. swallowtail butterfly (Papilio population on Lignumvitae Key was Official comment was received from the aristodemus ponceanus), federally estimated to be 85. Florida Game and Fresh Water Fish threatened; and several Florida State- On May 19,1980, Dr. Stephen R. Commission, which supported the listed plant species: tamarindillo Humphrey of the Florida State Museum, proposal. (Acacia choriophyllo), powdery catopsis Gainesville, Florida, petitioned the A large number of comments or oral (Catopsis berteroniana), prickly apple Service to add the Key Largo woodrat statements either supported or opposed (Cereus gracilis var. simpsonii, a cactus and cotton mouse to the U.S. List of listing these species, but provided no which the Service presently has under Endangered and Threatened Wildlife, substantive data. Support for the listing review (48 FR 53647, November 28,1983) pursuant to the Endangered Species Act proposal was voiced by six for possible listing as endangered or of 1973, as amended (16 U.S.C. 1531 et environmental organizations. threatended), silver palm (Coccothrinax seq.). The petition included a status Opposition was generally received from argentato) lignum-vitae (Guaiacom report prepared under contract to the landowners, attorneys representing sanctum), illkwood [Hypelate trifuliata), Florida Game and Fresh Water Fish landowners. realtors, and businesses. mahogany mistletoe (Phorudendron Commission. Portions of the report were One individual also presented a petition 34506 Federal Register / Vol. 49, No. 171 / Friday, August 31, 1984 / Rules and Regulations signed by 157 persons opposing the in the acquisition areas as hardwood the merit of any transplantation proposal. hammocks matured, the most favorable proposals, the Service can commit The opposing comments received can habitat is now outside the acquisition Endangered Species Act funding and be placed in a number of general groups, projects. manpower only for the recovery of listed depending on content. These categories Two commenters noted that Brown species. After a species is listed. the of comment?, and the Service response (1978) suggested that preservation of a Service prepares a recovery plan: to each, are listed below. few hundred acres of climax tropical recovery activities could include, but - 1. The Key Lsrgo woodrat and/or hammock on north Key Large would be would not ordinarily be restricted to, cotton mouse should not receive the sufficient to save the Key Large woodrat transplantation. protection of the Endangered Species and cotton mouse, and that, ftiiling this, 4. The Key Large woodrat and cotton Act because rodents are pest species introduction of both species could be mouse are adequately protected by and have no intrinsic value to mankind.