5-Year Review Short Form Summary Species Reviewed: Preble’s meadow jumping mouse (Zapus hudsonius preblei) FR Notice Announcing Initiation of This Review: March 31, 2004. 90-Day Finding for a Petition to Delist the Preble’s Meadow Jumping Mouse in Colorado and Wyoming and Initiation of a 5-Year Review (69 FR 16944-16946). Lead Region/Field Office: Region 6, Seth Willey, Recovery Coordinator, 303-236-4257. Colorado Field Office, Susan Linner, Field Supervisor, 303-236-4773. Name of Reviewer: Peter Plage, Colorado Field Office, 303-236-4750. Cooperating Field Office: Wyoming Field Office, Brian Kelly, Field Supervisor, 307-772-2374. Current Classification: Threatened rangewide. Current Recovery Priority Number: 9c. This recovery priority number is indicative of a subspecies facing a moderate degree of threat, a high recovery potential, and whose recovery may be in conflict with construction or other development projects or other forms of economic activity. Methodology used to complete the review: The 5-year review for the Preble’s meadow jumping mouse (Preble’s) was accomplished through the petition and rulemaking process. On December 23, 2003, we received two nearly identical petitions from the State of Wyoming’s Office of the Governor and from Coloradans for Water Conservation and Development, seeking to remove the Preble’s from the Federal List of Endangered and Threatened Wildlife. Both petitions were similar and maintained that the Preble’s should be delisted based on the taxonomic revision, and based on new distribution, abundance, and trends data that suggested the Preble’s was no longer threatened. On March 31, 2004, we published a notice announcing a 90-day finding that the petitions presented substantial information indicating that the petitioned action may be warranted and initiated a 5-year review (69 FR 16944-16946). This notice opened a 60-day public comment period. On February 2, 2005, we published a 12-month finding that the petitioned action was warranted based on taxonomic revision and proposed to remove the Preble’s from the Federal List of Endangered and Threatened Wildlife (70 FR 5404-5411). This notice opened a 90-day public comment period. On February 17, 2006, the Service extended the rulemaking process an additional 6 months, as allowed under section 4(b)(6)(B)(i) of the Endangered Species Act (ESA), because there was substantial disagreement regarding the sufficiency or accuracy of the available taxonomic data relevant to the determination contained in our proposed rule (71 FR 8556). This notice opened a - 1 - 60-day public comment period, later extended an additional 30 days (71 FR 16090, March 30, 2006). Given this disagreement, we then contracted with Sustainable Ecosystems Institute (SEI) to organize a scientific review panel to analyze, assess, and weigh the reasons why the data, findings, and conclusions of scientific studies regarding taxonomy of the Preble’s differed. On July 21, 2006, SEI delivered a final report to the Service. On November 7, 2007, we published a revised proposed rule based on the best scientific and commercial information available (72 FR 62992-63020). This 5-year review is based on this proposed rule. In this proposal we compiled information from our files, published and unpublished literature, comments and information submitted during the public comment periods (69 FR 16944, March 31, 2004; 70 FR 5404, February 2, 2005; 71 FR 8556, February 17, 2006; 71 FR 16090, March 30, 2006), and the final SEI report. Information also was obtained by contacting knowledgeable individuals that we felt could provide relevant data on the Preble’s distribution and status of populations. Using this best scientific and commercial information available, we then assessed the Preble’s status. Review Summary: Our November 7, 2007 revised proposed rule provides a comprehensive evaluation of the species’ status including taxonomy, distribution, abundance, population trends, threats, and management efforts (72 FR 62992). This evaluation concludes that: (1) the Preble’s meadow jumping mouse is a valid subspecies and should not be delisted based upon taxonomic revision; (2) the subspecies is not threatened throughout all of its range; and (3) the portion of the current range of the subspecies located in Colorado represents a significant portion of the current range where the Preble’s meadow jumping mouse is likely to become endangered within the foreseeable future, and the subspecies in that portion of its range should retain its threatened status. A detailed description and justification for the above conclusions is available in the revised proposed rule (attached). A final determination on this proposal will be submitted to the Federal Register by June 30, 2008. New Recovery Priority Number: The recovery priority number remains a 9c pending a final determination on our revised proposed rule. Brief Rationale: This recovery priority number is indicative of a subspecies facing a moderate degree of threat, a high recovery potential, and whose recovery may be in conflict with construction or other development projects or other forms of economic activity. Should a final rule remove protections in portions of the subspecies range, the recovery priority number will be refined to reflect the smaller portion of range still listed and protected under Federal Regulation. Recommendations for Future Actions: Listing Status under the Act – The status of the Preble’s has been in flux since late 2003. Before any other major actions can be completed, we must make a final determination on our November 7, 2007 revised proposed rule. According to a 2007 court settlement, this determination is due to the Federal Register no later than June 30, 2008 (State of Wyoming v. U.S. Department of the Interior, No. 07CV025J (District of Wyoming 2007)). Critical Habitat – On July 20, 2007, the Service announced plans to review and take further - 2 - action, as appropriate, for eight decisions made under the Endangered Species Act, after questions were raised about the integrity of the scientific information used and whether the decisions made were consistent with appropriate legal standards. The decisions in question were overseen by former Deputy Assistant Secretary for Fish and Wildlife and Parks, Julie MacDonald, who resigned May 1, 2007. Two of these eight decisions were related to Preble’s. The first was our February 2, 2005, 12- month finding and proposed delisting (70 FR 5404-5411). Our 2007 revised proposed rule addressed the need to revisit this decision. The second was our June 23, 2003 critical habitat designation (68 FR 37276). According to a November 23, 2007, letter from Director Hall to Chairman Rahall, “Once a final listing rule is issued, we anticipate reviewing the final critical habitat designation and, if necessary, proceeding with a revision when funding is available.” Funding has been allocated this fiscal year to begin this review. Recovery Planning – A preliminary draft of a recovery plan for the Preble’s, based on recommendations of the Preble’s recovery team and modified by the Service, was released to the public on our website in November 2003. However, recovery planning has not progressed since the receipt of the December 2003 delisting petitions. The preliminary draft of the recovery plan outlined four recovery criteria: (1) document and maintain wild, self-sustaining Preble’s populations; (2) protect and manage habitat of Preble’s populations; (3) abate threats to Preble’s populations; and (4) develop and implement a long-term management plan and cooperative agreement prior to delisting. The plan provided a series of tasks necessary to reach these recovery goals. Minimal progress has been made toward accomplishing these tasks or reaching any of these goals. The plan stated: “We believe that adequate numbers, sizes, and distribution of populations may currently exist to meet recovery criteria, but there are substantial threats to these populations that need to be abated to prevent further decline and endangerment of the species.” Even with protections of the ESA in place, Preble’s populations in Colorado have likely decreased since this preliminary draft was written. Each year that passes without a recovery plan in place and a concerted effort to address recovery will make recovery of Preble’s more difficult. The recovery team should be reconvened to work toward finalizing the draft recovery plan for the portion of the range where the subspecies remains listed. Both the membership of the team and the focus of recovery efforts are likely to be impacted by our final determination regarding the 2007 revised proposed rule. Following publication of the draft recovery plan and public comment, we should quickly move toward a final recovery plan. Once a final plan is in place, implementation should begin in earnest. - 3 - Wednesday, November 7, 2007 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Proposed Rule To Amend the Listing for the Preble’s Meadow Jumping Mouse (Zapus hudsonius preblei) To Specify Over What Portion of Its Range the Subspecies Is Threatened; Proposed Rule VerDate Aug<31>2005 17:15 Nov 06, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07NOP2.SGM 07NOP2 pwalker on PROD1PC71 with PROPOSALS2 62992 Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Proposed Rules DEPARTMENT OF THE INTERIOR and each public hearing will run from (3) Current and foreseeable threats 6 p.m.