[Federal Register Volume 63, Number 174 (Wednesday, September 9, 1998)]
[Proposed Rules]
[Pages 48165-48166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24121]
[[Page 48165]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-Day Finding for
a Petition to List the Big Cypress Fox Squirrel as Threatened With
Critical Habitat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of status
review.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service announces a 90-day finding on a
petition to list the Big Cypress fox squirrel (Sciurus niger avicennia)
of Florida as a threatened species pursuant to the Endangered Species
Act of 1973, as amended. After a review of all available scientific and
commercial information, the Service finds the petition presented
substantial information indicating that listing this species may be
warranted.
DATES: The finding announced in this document was made on August 22,
1998. To be considered in the 12-month finding for this petition,
information and comments should be submitted to the Service by December
8, 1998.
ADDRESSES: Data, information, comments, or questions concerning this
petition should be submitted to the Field Supervisor, U.S. Fish and
Wildlife Service, 6620 Southpoint Drive South, Suite 310, Jacksonville,
Florida 32216. The petition finding, supporting data, and comments are
available for public inspection, by appointment, during normal business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Dr. Michael M. Bentzien, Assistant
Field Supervisor, see ADDRESSES section above or telephone 904/232-2580
ext. 106.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), requires that the Service make a
finding on whether a petition to list, delist, or reclassify a species
presents substantial scientific or commercial information to
demonstrate that the petitioned action may be warranted. This finding
is to be based on all information available to the Service at the time
the finding is made. To the maximum extent practicable, this finding is
to be made within 90 days of receipt of the petition, and the finding
is to be published promptly in the Federal Register. If the finding is
that substantial information was presented, the Service is also
required to promptly commence a review of the status of the species
involved if one has not already been initiated under the Services'
internal candidate assessment process.
The processing of this petition conforms with the Service's final
listing priority guidance for fiscal years 1998 and 1999 published in
the Federal Register on May 8, 1998 (63 FR 25502). The guidance calls
for giving highest priority to handling emergency situations (Tier 1);
second highest priority (Tier 2) to resolving the listing status of the
outstanding proposed listings, resolving the conservation status of
candidate species, processing administrative findings on petitions, and
processing a limited number of delistings and reclassifications; and
third priority (Tier 3) to processing proposed and final designations
of critical habitat. The processing of this petition falls under Tier
2.
The Service has made a 90-day finding on a petition to list the Big
Cypress fox squirrel. The petition, dated December 30, 1997, was
submitted by Mr. Sidney B. Maddock, Biodiversity Legal Foundation,
Buxton, North Carolina, and was received by the Service on January 5,
1998. The petitioner requested the Service to list the Big Cypress fox
squirrel as a threatened species and to designate critical habitat for
the species. The Big Cypress fox squirrel is the southernmost
subspecies of the fox squirrel (Sciurus niger) of the eastern and
central United States. It is restricted to the southwestern Florida
peninsula (Hall 1981, Humphrey and Jodice 1992). The petition stated
that the Big Cypress fox squirrel is threatened by habitat loss,
fragmentation, and modification; exclusion of fire; predation; road
mortality; and poaching. According to the petitioner, the trend in
habitat loss is expected to continue, and while the species exists on
Federal conservation lands, the populations there are fragmented and
occur at very low densities. The Big Cypress fox squirrel is listed as
a threatened species by the Florida Game and Fresh Water Fish
Commission (Commission), under Rule 39-27.004 of the Florida
Administrative Code. The Commission analyzed the conservation needs of
fox squirrels in Florida (Cox et al. 1994) and concluded that the Big
Cypress fox squirrel lacked an adequate habitat base in current
conservation areas.
The Big Cypress fox squirrel was considered a category 2 candidate
for listing under the Endangered Species Act of 1973, as amended, in
Service notices of review dated December 30, 1982 (47 FR 58454),
September 18, 1985 (50 FR 37958), January 6, 1989 (54 FR 554), November
21, 1991 (56 FR 58804), and November 15, 1994 (59 FR 58982). At that
time, a category 2 species was one for which information in the
possession of the Service indicated that proposing to list as
endangered or threatened was possibly appropriate, but for which
sufficient data were not available to support a proposed rule.
Designation of Category 2 species was discontinued in the February 28,
1996, Federal Register notice (61 FR 7596).
The Service has reviewed the petition, the literature cited in the
petition, and information available in Service files. On the basis of
the best scientific and commercial information available, the Service
finds that the petition presents substantial information that listing
this species may be warranted. While the Act does not provide for
petitions to designate critical habitat, the designation of critical
habitat is petitionable under the Administrative Procedures Act. As
required by section 4(a)(3) of the Act, critical habitat designation
will be considered if it is determined that listing is warranted.
Although habitat decline for the Big Cypress fox squirrel has not been
quantified, available trend information suggests that habitat loss or
alteration has significantly reduced numbers of this subspecies and
this trend can be predicted to continue. At least two populations have
disappeared, and the squirrel occurs at very low densities over much of
its range. It occurs on public conservation lands but these may not be
adequate for the long-term survival of the subspecies.
References Cited
Cox, J., R. Kautz, M. MacLaughlin, and T. Gilbert. 1994. Closing the
gaps in Florida's wildlife habitat conservation system. Office of
Environmental Services, Florida Game and Fresh Water Fish
Commission, Tallahassee, Florida. 239 pp.
Hall, E.R. 1981. The mammals of North America. John Wiley and Sons,
New York. Vol. 1:386-387.
Humphrey, S.R. and P.G.R. Jodice. 1992. Big Cypress fox squirrel.
Pp. 224-233 in S.R. Humphrey (ed.) Rare and Endangered biota of
Florida. Vol.1: Mammals.
Author. The primary author of this document is Dr. Michael M.
Bentzien (see ADDRESSES section).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
[[Page 48166]]
Dated: August 22, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-24121 Filed 9-8-98; 8:45 am]
BILLING CODE 4310-55-P