Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Gunnison's Prairie Dog as Threatened or Endangered, 6660-6684 [08-493]
Download as PDF
rmajette on PROD1PC64 with PROPOSALS
6660
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
the direct final notice of deletion, and
it will not take effect. We will, as
appropriate, address all public
comments in a subsequent final deletion
notice based on this notice of intent to
delete. We will not institute a second
comment period on this notice of intent
to delete. Any parties interested in
commenting must do so at this time. For
additional information see the direct
final notice of deletion located in the
Rules section of this Federal Register.
DATES: Comments concerning this Site
must be received by March 6, 2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–1983–0002 Notice 4, by one of
the following methods:
https://www.regulations.gov (Follow
the on-line instructions for submitting
comments)
E-mail: walters.donn@epa.gov.
Fax: 214–665–6660.
Mail: Donn Walters, Community
Involvement, U.S. EPA Region 6 (6SF–
TS), 1445 Ross Avenue, Dallas, TX
75202–2733, (214) 665–6483 or 1–800–
533–3508.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SFUND–1983–
0002 Notice 4. EPA policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information,
disclosure of which is restricted by
statute. Do not submit information that
you consider to be CBI or otherwise
protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will automatically be captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption and be free of any defects or
viruses.
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information disclosure of which is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov or in hard copy at
the information repositories.
FOR FURTHER INFORMATION CONTACT:
Shawn Ghose M.S., P.E., Remedial
Project Manager (RPM), U.S. EPA
Region 6 (6SF–RA), 1445 Ross Avenue,
Dallas, TX 75202–2733,
ghose.shawn@epa.gov (214) 665–6782
or 800–533–3508.
For
additional information see the Direct
Final Notice of Deletion located in the
‘‘Rules’’ section of this Federal Register.
Information Repositories: Repositories
have been established to provide
detailed information concerning this
decision at the following locations: U.S.
EPA Region 6, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202–2733, (214)
665–6617, by appointment only Monday
through Friday 9 a.m. to 12 p.m. and 1
p.m. to 4 p.m.; Fort Smith Public
Library, 3201 Rogers Avenue, Ft. Smith,
AR 72903, (479) 783–0229, Monday
through Thursday, 9 a.m. to 9 p.m., 9
a.m. to 6 p.m. Friday, 10 a.m. to 5 p.m.
Saturday and 1 p.m. to 5 p.m. Sunday;
Arkansas Department of Environmental
Quality (ADEQ), 5301 Northshore Drive,
North Little Rock, Arkansas 72118, (501)
682–0744, Monday through Friday 8
a.m. to 4:30 p.m.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
Dated: September 28, 2007.
Richard E. Greene,
Regional Administrator, EPA Region 6.
Editorial Note: This document was
received at the Office of the Federal Register
on January 30, 2008.
[FR Doc. E8–1963 Filed 2–4–08; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R6–ES–2008–0013; 1111 FY07 MO–
B2]
Endangered and Threatened Wildlife
and Plants; 12-Month Finding on a
Petition To List the Gunnison’s Prairie
Dog as Threatened or Endangered
Fish and Wildlife Service,
Interior.
ACTION: Notice of a 12-month petition
finding.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce our
12-month finding on a petition to list
the Gunnison’s prairie dog (Cynomys
gunnisoni) as an endangered or
threatened species under the
Endangered Species Act of 1973, as
amended (Act). After a thorough review
of all available scientific and
commercial information, we find that
the species is not threatened or
endangered throughout all of its range,
but that the portion of the current range
of the species located in central and
south-central Colorado and northcentral New Mexico (the northeastern
portion of the range) represents a
significant portion of the range where
the Gunnison’s prairie dog is warranted
for listing under the Act. Currently,
listing is precluded by higher priority
actions to amend the Lists of
Endangered and Threatened Wildlife
and Plants. We have assigned a listing
priority number (LPN) of 2 to this
species, because threats have a high
magnitude, and are imminent. We will
develop a proposed rule to list the
Gunnison’s prairie dog in the
northeastern (montane) portion of its
range as our priorities allow.
DATES: This finding was made on
February 5, 2008.
ADDRESSES: This finding is available on
the Internet at https://
www.regulations.gov and https://
www.fws.gov/mountain-prairie/species/
mammals/gunnisonprairiedog.
Supporting documentation we used to
prepare this finding is available for
public inspection, by appointment,
during normal business hours at the
U.S. Fish and Wildlife Service, Western
Colorado Field Office, 764 Horizon
Drive, Building B, Grand Junction, CO
81506–3946; telephone (970) 243–2778;
facsimile (970) 245–6933. Please submit
any new information, materials,
comments, or questions concerning this
finding to the above address.
E:\FR\FM\05FEP1.SGM
05FEP1
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
Al
Pfister, Field Supervisor, U.S. Fish and
Wildlife Service, Western Colorado
Field Office (see ADDRESSES). If you use
a telecommunications device for the
deaf (TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
rmajette on PROD1PC64 with PROPOSALS
Background
Section 4(b)(3)(B) of the Act (16
U.S.C. 1531 et seq.), requires that, for
any petition containing substantial
scientific and commercial information
that listing may be warranted, we make
a finding within 12 months of the date
of receipt of the petition on whether the
petitioned action is—(a) not warranted,
(b) warranted, or (c) warranted, but that
immediate proposal of a regulation
implementing the petitioned action is
precluded by other pending proposals to
determine whether species are
threatened or endangered, and whether
expeditious progress is being made to
add or remove qualified species from
the Lists of Endangered and Threatened
Wildlife and Plants. Section 4(b)(3)(C) of
the Act requires that we treat a petition
for which the requested action is found
to be warranted but precluded as though
resubmitted on the date of such finding;
that is, requiring a subsequent finding to
be made within 12 months. We must
publish these 12-month findings in the
Federal Register.
Previous Federal Actions
On February 23, 2004, we received a
petition from Forest Guardians and 73
other organizations and individuals
requesting that the Gunnison’s prairie
dog (found in Arizona, Colorado, New
Mexico, and Utah) be listed as
threatened or endangered.
On July 29, 2004, we received a 60day notice of intent to sue for failure to
complete a finding. On December 7,
2004, an amended complaint for failure
to complete a finding for this and other
species was filed. We reached a
settlement agreement with the plaintiffs,
and on February 7, 2006, we published
a 90-day finding in the Federal Register
(71 FR 6241) determining that the
petition did not present substantial
scientific information indicating that
listing the Gunnison’s prairie dog
species may be warranted.
On August 17, 2006, Forest Guardians
and eight other organizations and
individuals provided written notice of
their intent to sue regarding the
determination in the 90-day finding. On
December 13, 2006, the plaintiffs filed a
complaint challenging the finding. On
June 29, 2007, we reached a settlement
agreement with the plaintiffs for
submittal to the Federal Register of a
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
12-month finding by February 1, 2008.
The court adopted the terms and
conditions of the agreement on July 2,
2007.
On August 28, 2007, we published a
notice initiating the 12-month finding
and opening a 60-day public comment
period on the Gunnison’s prairie dog (72
FR 49245).
Species Information
A description of the Gunnison’s
prairie dog is included in the 90-day
petition finding (71 FR 6241; February
7, 2006) and in a concise review of the
published information by Underwood
(2007, pp. 6–13). In addition, we used
data in the Western Association of Fish
and Wildlife Agencies’ (WAFWA)
Gunnison’s Prairie Dog Conservation
Assessment (Seglund et al. 2005) to
complete much of our analysis in this
finding.
The Gunnison’s prairie dog has
sometimes been divided into two
subspecies: Cynomys gunnisoni
gunnisoni and C. g. zuniensis (Hollister
1916, p. 29). We currently regard the
Gunnison’s prairie dog as a single
species because the most recent
published analyses (Goodwin 1995, pp.
100, 101, 110; Pizzimenti 1975, pp. 11,
15, 63) do not support subspecies
designation. Unpublished research
(Hafner 2004, p. 6; Hafner et al. 2005,
p. 2) indicates that the distribution of
mitochondrial DNA (deoxyribonucleic
acid) haplotype lineages supports past
geographic isolation, followed by
limited mixing in regions coincident
with the recognized borders of the two
purported subspecies. Although this
analysis will likely be substantiated
through additional research, it is still
preliminary and needs to be verified
before we can use it as evidence for
subspecies designation. For the same
reasons, although Gunnison’s prairie
dogs in montane habitat may be
‘‘markedly separate’’ from those in
prairie habitat, we are not proposing
listing the montane prairie dogs as a
distinct population segment (DPS)
under our Policy Regarding the
Recognition of Distinct Vertebrate
Population Segments Under the
Endangered Species Act (61 FR 4722;
February 7, 1996). We anticipate that
future funding may become available for
genetic, taxonomic, and range research
to determine whether subspecies or DPS
status is valid.
Gunnison’s prairie dogs are a colonial
species, historically occurring in large
colonies over large areas. Colonial
behavior offers an effective defense
mechanism by aiding in the detection of
predators, but it also can play an
important role in the transmission of
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
6661
disease (Antolin et al. 2002, p. 19;
Biggins and Kosoy 2001, p. 911).
Complexes of Gunnison’s prairie dog
colonies (metapopulations) expand or
contract over time depending upon
various natural factors (such as
reproduction, food availability, and
disease) and human-caused factors
(such as chemical control and shooting).
To substantially augment depleted
populations or replace populations
without human intervention, a
metapopulation structure is required
across the landscape so that migration
between colonies is possible (Gilpin and
Soule 1986, p. 24; Clark et al. 1982, pp.
574–575; Lomolino and Smith 2001, p.
938).
Habitat
Gunnison’s prairie dog habitat
includes level to gently sloping
grasslands and semi-desert and montane
shrublands, at elevations from 6,000 to
12,000 feet (1,830 to 3,660 meters)
(Bailey 1932, p. 125; Findley et al. 1975,
p. 133; Fitzgerald et al. 1994, p. 183;
Pizzimenti and Hoffman 1973, p. 1;
Wagner and Drickamer 2002, p. 4).
Grasses are the most important food
item, with forbs, sedges, and shrubs also
occasionally used (Pizzimenti and
Hoffman 1973, p. 3; Shalaway and
Slobodchikoff 1988, p. 840).
Gunnison’s prairie dog range can be
considered to occur in two separate
range portions—higher elevations in the
northeast part of the range and lower
elevations elsewhere (Bailey 1932, pp.
125–127; Pizzimenti and Hoffman 1973,
pp. 1–2; Hall 1981, p. 7; Knowles 2002,
p. 4). We refer to these areas as montane
and prairie, respectively, throughout the
document to differentiate them;
however, we recognize that these terms
are an oversimplification of the actual
habitats present, and describe them in
more detail below.
In Figure 1, we provide a map
illustrating the division of the general
range of the species into the
northeastern (montane) and
southwestern (prairie) portions. The
outer boundary in Figure 1 is referenced
from maps depicting the species’ gross
range (Hollister 1916, p. 24; Pizzimenti
and Hoffman 1973, p. 2; Pizzimenti
1975, p. 4; Hall 1981, p. 415; Knowles
2002, p. 6), and from maps of the
species’ range in Arizona (Hoffmeister
1986, p. 194), Colorado (Armstrong
1972, p. 139; Fitzgerald et al. 1994, p.
185), New Mexico (Findley et al. 1975,
p. 133), and Utah (Durrant 1952, p. 106).
An approximate boundary dividing the
montane and prairie range portions was
established from several maps that
recognize discrete range portions for
each of the two purported subspecies,
E:\FR\FM\05FEP1.SGM
05FEP1
6662
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
rmajette on PROD1PC64 with PROPOSALS
Cynomys gunnisoni gunnisoni and C. g.
zuniensis (Hollister 1916, p. 24;
Armstrong 1972, p. 139; Pizzimenti and
Hoffman 1973, p. 2; Pizzimenti 1975, p.
4; Hall 1981). Maps that depict the
geographic variation in Gunnison’s
prairie dog mitochondrial DNA in
southern Colorado and northern New
Mexico (Hafner 2004, p. 6; Hafner et al.
2005, p. 2) were used to improve the
resolution of the montane and prairie
boundary in this region, as these maps
provide a boundary based on genetic
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
differences between Gunnison’s prairie
dogs in the two range portions. Lastly,
we used topographic maps to adjust the
boundary on a finer scale along the
mountain ranges and ridges of southern
Colorado and northern New Mexico,
because geography partly separates the
Gunnison’s prairie dog populations and
allows limited overlap between the two
range portions (Knowles 2002, p. 3;
Hafner et al. 2005, p. 1).
In summary, the maps we used to
delineate the montane and prairie range
PO 00000
Frm 00045
Fmt 4702
Sfmt 4702
portions vary in their age, projection,
scale, and accuracy, and depict
boundaries based on geography,
morphological traits of Gunnison’s
prairie dog populations, and genetic
characteristics from Hafner’s work
(Hafner 2004, p. 6; Hafner et al. 2005,
p. 2). They contribute to the best
available information used to establish
the montane and prairie portions of the
species’ range for further analysis.
BILLING CODE 4310–55–P
E:\FR\FM\05FEP1.SGM
05FEP1
6663
BILLING CODE 4310–55–C
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
E:\FR\FM\05FEP1.SGM
05FEP1
EP05FE08.000
rmajette on PROD1PC64 with PROPOSALS
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
6664
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
Montane Habitat
The northeastern range (central and
south-central Colorado, and northcentral New Mexico) consists primarily
of higher elevation, cooler and more
mesic plateaus, benches, and
intermountain valleys. We call this
portion ‘‘montane’’ for ease of reference,
and it comprises approximately 40
percent of the total potential habitat
within the current range. Gunnison’s
prairie dogs occupy grass-shrub areas in
low valleys and mountain meadows
within this habitat (Seglund et al. 2005,
p. 12). The Gunnison’s prairie dogs in
this portion of the range are limited by
pronounced physiographic barriers
(Pizzimenti and Hoffman 1973, p. 1),
including the Uncompahgre Plateau and
San Juan mountains in Colorado and
Utah, and the Sangre de Cristo, San
Juan, and Jemez mountain ranges in
New Mexico.
Prairie Habitat
The southwestern range (southeastern
Utah, southwestern Colorado,
northwestern New Mexico, and
northeastern Arizona) consists primarily
of lower elevation, warmer and more
xeric plains and plateaus (Bailey 1932,
pp. 125–127; Pizzimenti and Hoffman
1973, pp. 1–2; Hall 1981, p. 7; Knowles
2002, p. 4). We call this portion
‘‘prairie’’ for ease of reference, and it
comprises approximately 60 percent of
total potential habitat within the current
range. Gunnison’s prairie dogs occupy
shortgrass and mid-grass prairies within
this habitat (Seglund et al. 2005, p. 12).
rmajette on PROD1PC64 with PROPOSALS
Distribution, Abundance, and Trends
The current distribution of the species
includes northeastern Arizona; central,
south-central, and southwestern
Colorado; north-central and
northwestern New Mexico; and extreme
southeastern Utah (Bailey 1932, pp.
125–127; Pizzimenti and Hoffman 1973,
pp. 1–2; Hall 1981, p. 7; Knowles 2002,
p. 4) (see Figure 1 above). Limited
overlap occurs in the ranges of
Gunnison’s prairie dogs and black-tailed
prairie dogs (Cynomys ludovicianus) in
New Mexico (Goodwin 1995, p. 101;
Sager 1996, p. 1), and Gunnison’s
prairie dogs and white-tailed prairie
dogs (Cynomys leucurus) in Colorado
(Knowles 2002, p. 5), but we have no
evidence that interbreeding is occurring.
Currently, 27 percent of potential
Gunnison’s prairie dog habitat occurs in
Arizona, 25 percent in Colorado, 45
percent in New Mexico, and 3 percent
in Utah (Seglund et al. 2005, p. 83). We
used the data in Seglund et al. (2005,
pp. 82, 85–87) to calculate that
approximately 22 percent of the
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
potential habitat occurs on private
lands, 12 percent on State lands, 17
percent on Federal lands, and 49
percent on Tribal lands/Bureau of
Indian Affairs (BIA). The Tribal lands
habitat occurs mostly in Arizona and
New Mexico; a large amount of potential
habitat is on Navajo lands (Cole, p. 1).
Most estimates of prairie dog
populations in the available literature
are expressed in terms of area (acres (ac)
or hectares (ha)) of occupied habitat
rather than in numbers of individuals,
most likely because counting
individuals is feasible only for small
areas (Biggins et al. 2006, p. 94). Also,
the number of animals present in a
locality has been observed to vary with
habitat, season, colony age,
precipitation, forage, predation, disease,
chemical control, shooting, and other
factors (Knowles 2002, pp. 7–8); density
of individuals typically ranges from 2 to
23 per ac (5 to 57 per ha) (Fitzgerald et
al. 1994, p. 184). Most prairie dog
surveys do not result in a density
estimate because of the associated effort
and cost. Estimates of Gunnison’s
prairie dog occupied habitat provide
one of the best available and most
reasonable means of evaluating the
status of the species across its range.
Obtaining estimates of occupied area
is itself time-consuming and costly.
Ground or aerial mapping of colonies
over a predicted habitat range of 23
million ac (9.5 million ha) in 4 States
would be required to determine a
rangewide estimate of the area occupied
by the Gunnison’s prairie dog (Seglund
et al. 2005, pp. 17–19). Recent attempts
at less expensive aerial surveys (for
example, air photo interpretation) have
been limited in their effectiveness when
applied to Gunnison’s prairie dogs
(Johnson et al. 2006, p. 3; Seglund et al.
2005, pp. 23–24). Whether surveying is
performed from the air or on the ground,
it is often difficult to accurately and
consistently discern colony boundaries
(thus introducing error in the area
measurements). Older studies did not
benefit from technologies such as global
positioning systems and geographic
information systems (GIS) in mapping
colonies. Accuracy suffers when studies
are performed over the longer time
intervals necessary to visit large range
portions, because colony area, location,
and persistence on the landscape often
change relatively quickly (Wagner et al.
2006, p. 335).
In summary, we recognize that
different methodologies were used at
different times and in different locales
to derive the various historical occupied
area estimates we obtained for review.
These estimates contribute to the best
available information, and we consider
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
them comparable for determining longterm population trends, while
acknowledging potential error margins
on the scale of an order of magnitude.
Since our 90-day finding in 2006, all
States within the range of the species
have applied occupancy modeling
methodology to investigate the habitat
occupied by Gunnison’s prairie dogs.
This is a newer technique that yields
estimates of the percentage of random
plots occupied across the habitat range
under consideration (MacKenzie et al.
2002, pp. 2248–2249; MacKenzie et al.
2003, pp. 2200–2201). These estimates
are statistically based and, therefore, are
considered more objective (Andelt et al.
2006, pp. 1–2; Colorado Division of
Wildlife (CDOW) 2007, p. 19; WAFWA
2007, p. 4).
A drawback is that estimates of
percent occupancy by Gunnison’s
prairie dogs are not directly comparable
to estimates of occupied acres
(including most historic estimates),
because when a random plot is visited,
only detection or non-detection (not
acres occupied) is recorded by the
observers. If mapping is not performed
during a site visit, no information about
colony or complex size or location is
obtained.
The positive aspects of this method
are statistical rigor, precision estimates,
large-scale application in a single
season, and trend analysis if performed
over subsequent years. In addition, the
results of individual surveys can be
interpreted separately to assess prairie
dog occupancy and document trends
within in specific areas of concern.
Although only a single year (2007) of
occupancy modeling results are
available (with the exception of
Colorado data from 2005 and 2007), we
used these estimates, along with
estimates of occupied areas, to assess
the status and trends of the Gunnison’s
prairie dog in each of the four States.
Historical Estimates of Abundance
Historical estimates of Gunnison’s
prairie dog occupied habitat in Arizona
and New Mexico are available from
Federal records of early poisoning
efforts, such as by the Bureau of Land
Management (BLM) and the U.S. Forest
Service (USFS). In 1916, approximately
6.6 million ac (2.7 million ha) of
Gunnison’s prairie dog occupied habitat
occurred in Arizona, and 11 million ac
(4.4 million ha) occurred in New
Mexico (Oakes 2000, pp. 169–171). In
our 90-day finding in 2006 (71 FR 6241,
February 7, 2006), we calculated
historical estimates (circa 1916) for
Colorado (6 million ac (2.4 million ha))
and Utah (700,000 ac (284,000 ha)) from
prairie dog information in various
E:\FR\FM\05FEP1.SGM
05FEP1
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
rmajette on PROD1PC64 with PROPOSALS
publications and reports, because data
were not available for these States. By
summation, based on the best available
information, our rangewide estimate for
historic (circa 1916) Gunnison’s prairie
dog occupied habitat was approximately
24 million ac (9.7 million ha).
In 1961, an estimated 445,000 ac
(180,000 ha) of habitat was occupied by
Gunnison’s prairie dog in Arizona;
116,000 ac (47,000 ha) in Colorado;
355,000 ac (144,000 ha) in New Mexico;
and 100,000 ac (41,000 ha) in Utah
(Bureau of Sport Fisheries and Wildlife
1961, pp. 1, 5). By summation, the
rangewide estimate for Gunnison’s
prairie dog occupied habitat in 1961
was approximately 1 million ac
(405,000 ha). These data suggest that,
from 1916 to 1961, Gunnison’s prairie
dog populations decreased by
approximately 93 percent in Arizona, 98
percent in Colorado, 97 percent in New
Mexico, and 86 percent in Utah, or by
approximately 95 percent rangewide.
However, historic declines may not
support a conclusive inference that
current populations continue to decline.
In summary, empirical data on acres
occupied indicate that, between 1916
and 1961, habitat occupied by the
Gunnison’s prairie dog throughout its
range declined from approximately
24,000,000 ac (9,700,000 ha) to
approximately 1,016,000 ac (406,400
ha).
metapopulation structure (prairie) and
that do not (montane). For example, the
following paragraphs illustrate that
Gunnison’s prairie dog occupancy in
plots sampled in montane habitat is
estimated to be approximately 3.6
percent as compared to approximately
18.3 percent in plots sampled in prairie
habitat in Colorado. Of the total
montane habitat, approximately 85
percent occurs in Colorado.
Statewide Estimates of Abundance
As indicated above, estimates of
percent occupancy arrived at through
recent occupancy modeling (presence or
absence at a random plot) do not equate
to acres occupied. The method currently
used by States to assess the Gunnison’s
prairie dog’s status, in conjunction with
both historic and recent mapping
efforts, provides empirical data on
percent occupancy of potential habitat.
This data is useful as a gross-scale
comparison to historical estimates of
acres occupied. Both types of data are
valid and represent the best available
science.
Full occupancy of surveyed habitat
would not directly equate to 100 percent
of available habitat, but it would
provide a gross approximation of
occupancy at a larger geographic scale.
For the purposes of interpreting the
percent occupancy numbers in this
document, current State survey efforts
utilize a scale from 1 to 100, indicating
the percentage of occupied cells
surveyed. Because we do not have
historical data on percent of habitat
occupied or on occupancy rates, we use
the current percentage of occupied
habitat to compare between habitats that
currently appear to have a functional
Colorado
The Colorado Department of
Agriculture (CDA 1990, p. A–3)
solicited questionnaire responses from
farmers and ranchers from which they
extrapolated a 1990 estimate of
1,553,000 ac (621,200 ha) of occupied
habitat for all 3 species of prairie dogs
found in Colorado (Gunnison’s, whitetailed, and black-tailed). Based on
species occurrence by county, Seglund
et al. (2005, p. 26) estimated that
438,876 ac (177,607 ha) were occupied
by Gunnison’s prairie dogs.
From 2002 to 2005, the Colorado
Division of Wildlife (CDOW)
interviewed field personnel from
CDOW, the Service, the USFS, and the
BLM regarding the habitat occupied by
Gunnison’s prairie dogs in the State.
Colonies were mapped on 1:50,000 scale
U.S. Geological Survey county sheets
and were designated as ‘‘active’’ (known
to have prairie dogs inhabiting the
colony within the last 3 years);
‘‘inactive’’ (prairie dogs occurred in the
area but have not been present in more
than 3 years); or ‘‘unknown’’ (prairie
dogs were known to occur historically,
but current status was unknown). From
this effort, CDOW estimated 182,237 ac
(72,895 ha) of active colonies; 9,042 ac
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
Arizona
In 2007, occupied habitat on nonTribal lands in Arizona comprised
approximately 108,570 ac (40,500 ha)
(Underwood 2007, p. 30). No
comprehensive data are available from
Tribal lands in Arizona, which include
50 percent of the Statewide potential
habitat. Therefore, the 2007 estimate for
Arizona (Underwood 2007, p. 30) is
likely substantially less than what
actually exists. Due to a lack of any
Tribal estimates since 1961, recent
population trends on Tribal lands
statewide are unknown, but may have
increased over the 1961 estimate of
435,419 ac (176,207 ha). We are
unaware of any disproportionate
adverse effects to the species on Tribal
lands during this interval, and we
assume that habitat trends may have
followed a similar pattern as on nonTribal lands. All habitat within Arizona
is considered prairie.
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
6665
(3,617 ha) of inactive colonies; and
171,970 ac (68,788 ha) of colonies in
unknown status within Colorado
(CDOW 2007, p. 3). These data suggest
an increase over the historical 1961
estimate of 115,650 ac (46,802 ha) of
occupied habitat in Colorado. We have
no way of estimating what percent of
this difference may be due to different
mapping techniques. We believe that
the difference is mostly due to an actual
increase in prairie dogs, likely within
the prairie portion of the range, because
data from the montane portion of the
range indicate significantly reduced
occupancy rates (see additional analysis
below). We used area estimates from
2002 to 2005 to compute a Statewide
occupancy estimate of 2.1 percent
(known active colony area divided by
area of potential habitat) (CDOW 2007).
However, the occupancy modeling
studies performed in 2005 and 2007 in
Colorado, including both prairie and
montane portions of the range, yielded
Statewide occupancy estimates of 7.5
and 8.6 percent, respectively (Andelt et
al. 2006, p. 15; CDOW 2007, p. 19), and
these estimates are considered more
reliable.
Montane and Prairie Habitat in
Colorado
Within Colorado, CDOW has
designated individual population areas
to identify where Gunnison’s prairie
dogs exist and where management
activities should be focused. The
montane portion of the species’ range in
Colorado is composed of the Gunnison,
San Luis Valley, South Park, and
Southeast population areas. By using
CDOW (2007, p. 28) estimates of
potential habitat, we determined that
the montane range portion in Colorado
comprises about 80 percent (6.9 million
of 8.5 million ac (2.8 million of 3.4
million ha)) of the available Gunnison’s
prairie dog habitat in the State.
However, the montane range portion
only contains about 40 percent (73,861
of 182,237 ac (29,544 of 72,894 ha)) of
the available Gunnison’s prairie dog
habitat occupied in the State, based on
our calculations using CDOW mapped
area data (CDOW 2007, p. 3).
The La Plata—Archuleta and
Southwest population areas, in the
prairie portion of Colorado’s Gunnison’s
prairie dog habitat, comprise about 20
percent of the Gunnison’s prairie dog
habitat and contain about 60 percent of
habitat occupied in the State (CDOW
2007, pp. 3, 19). The higher proportion
of occupied habitat in the smaller
prairie portion of the State indicates that
Gunnison’s prairie dogs are more
abundant in the prairie habitat area.
E:\FR\FM\05FEP1.SGM
05FEP1
6666
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
The 2005 occupancy modeling studies
also indicate a higher proportion of
occupancy (16 percent) in the prairie
portion of the range in Colorado, and a
lower proportion of occupancy (3.2
percent) in the montane portion of the
species’ range in Colorado (Andelt et al.
2006, p. 17; CDOW 2007, p. 19). When
the study was repeated over the same
plots in 2007, occupancy was again
found to be higher (18.3 percent) in the
prairie portion and lower (3.6 percent)
in the montane range portion in
Colorado (CDOW 2007, p. 19).
rmajette on PROD1PC64 with PROPOSALS
New Mexico
We have no current information on
occupied habitat in New Mexico. The
best available science is from
Bodenchuck (1981 p. 1), who solicited
questionnaire responses from
agricultural producers in 1981.
Respondents reported 107,574 ac
(43,567 ha) of Gunnison’s prairie dog
occupied habitat. Bodenchuck (1981, p.
8) extrapolated a Statewide total of
348,000 ac (141,000 ha) of occupied
habitat for the species. Oakes (2000, p.
216) questioned this extrapolation
because of possibly faulty assumptions
used to derive it. Knowles (2002, p. 22)
estimated that 75,000 ac (30,000 ha) of
occupied habitat existed in 1982. New
Mexico Department of Game and Fish
used Digital Orthophoto Quarter
Quadrangles to estimate a minimum of
9,108 ac (3,689 ha) of occupied habitat
Statewide in 2004 (Seglund et al. 2005,
p. 23). However, this method appears to
be hampered by inaccurate detection of
disturbances, time elapsed since
photography, time elapsed since ground
mapping, temporal changes in prairie
dog towns, and other factors (Seglund et
al. 2005, p. 33). While these estimates
have limited accuracy, general use in
assessing Statewide occupied habitat
indicates that Gunnison’s prairie dogs
appeared to be decreasing between 1961
and 2004.
Montane and Prairie Habitat in New
Mexico
New Mexico also includes both
montane and prairie habitat. The
montane habitat is geographically
connected to the montane portion of the
Gunnison’s prairie dog habitat in
Colorado. It comprises about 17 percent
of the Gunnison’s prairie dog habitat in
New Mexico; we do not have accurate
data on total acres in New Mexico, and
therefore do not provide an acre
estimate for the montane portion. We
have no data on the percent occupancy
in this habitat.
The prairie habitat in New Mexico
comprises about 83 percent of the
habitat; we do not have accurate data on
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
total acres in New Mexico, and therefore
do not provide an acre estimate for the
prairie portion. We have no data on the
percent occupancy in this habitat.
Utah
The Utah Division of Wildlife
Resources estimated that 22,000 ac
(8,906 ha) of occupied Gunnison’s
prairie dog habitat existed in Utah in
1968 (Seglund et al. 2005, p. 35).
Knowles (2002, p. 21) estimated a
minimum of 3,678 ac (1,490 ha) of
occupied habitat Statewide. The
Statewide trend in occupied habitat
appears to have decreased from 100,000
ac (40,500 ha) in 1961 (Bureau of Sport
Fisheries and Wildlife 1961, p. 5), to
40,000 ac (16,000 ha) in 2007 (Lupis et
al. 2007, p. 3). The Gunnison’s prairie
dog occupancy in Utah was estimated to
be 15.7 percent in 2007 (Lupis et al.
2007, p. 3). We consider all Gunnison’s
prairie dog habitat in Utah as prairie.
Summary of Statewide Estimates of
Abundance
We have empirical data on
Gunnison’s prairie dog occupancy that
indicate a large decline in rangewide
occupied acres. We also have recent
empirical data that indicates percent
occupancy within two separate portions
of the range is significantly different.
Data on acres occupied indicate that
between 1916 and the present, habitat
occupied by Gunnison’s prairie dogs
throughout its range declined from
approximately 24,000,000 ac (9,700,000
ha) to between 340,000 and 500,000 ac
(136,000—200,000 ha). This represents a
rangewide decline of greater than 95
percent.
Summary of Factors Affecting the
Species Rangewide
Section 4 of the Act (16 U.S.C. 1533)
and implementing regulations at 50 CFR
424, set forth procedures for adding
species to the Federal Lists of
Endangered and Threatened Wildlife
and Plants. In making this finding, we
summarize below information regarding
the status and threats to the Gunnison’s
prairie dog in relation to the five factors
provided in section 4(a)(1) of the Act.
In making this 12-month finding, we
have considered all scientific and
commercial information received or
acquired between the time of the initial
petition (February 23, 2004) and the end
of the most recent public comment
period (October 29, 2007), and
additional scientific information from
ongoing species surveys and studies as
they became available.
Under section (4) of the Act, we may
determine a species to be endangered or
threatened on the basis of any of the
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
following five factors: (A) Present or
threatened destruction, modification, or
curtailment of habitat or range; (B)
overutilization for commercial,
recreational, scientific, or educational
purposes; (C) disease or predation; (D)
inadequacy of existing regulatory
mechanisms; or (E) other natural or
manmade factors affecting its continued
existence. We evaluated whether threats
to the Gunnison’s prairie dog may affect
its survival. Our evaluation of threats,
based on information provided in the
petition, available in our files, and
available in published and unpublished
studies and reports, is presented below.
A. The Present or Threatened
Destruction, Modification, or
Curtailment of its Habitat or Range
Agricultural land conversions
historically had a significant impact on
Gunnison’s prairie dog habitat (Knowles
2002, p. 12). Gunnison’s prairie dogs
have been displaced from some of the
more productive valley bottomlands in
Colorado and New Mexico (Longhurst
1944, p. 36). Agriculture currently
impacts 2,063,930 ac (834,243 ha), or
less than three percent, of the
Gunnison’s prairie dog range (Seglund
et al. 2005, p. 43). Seglund et al. (2005,
p. 41) indicate agriculture is not a major
rangewide threat because of the small
percentage of the range affected, but also
because agriculture provides highly
productive forage in place of the native
arid landscape. Current adverse impacts
relate to secondary actions at a local
scale, such as prairie dog control (for
example, poisoning, shooting) in areas
where prairie dogs occupy lands used
for agriculture, particularly private
lands. We assess shooting under Factor
C, poisoning under Factor E, and both
in Factor D.
Urbanization also has caused habitat
loss for Gunnison’s prairie dog. Seglund
et al. (2005, p. 41) determined that
urbanization affects 577,438 ac (233,681
ha) within the range of the species (less
than two percent of the range).
However, it appears this analysis
considered only the direct effects of
habitat loss. Urbanization also exerts
indirect effects (for example, poisoning
and shooting of prairie dogs), extending
a human ‘‘disturbance zone’’ outward
from the actual development footprint.
Lower-density suburban development
occurring in the southern Rocky
Mountains is scattered and results in a
fragmenting of habitats. In Colorado,
urban development on the west slope of
the Rocky Mountains (montane habitat)
is occurring rapidly; 38 percent of
Gunnison’s prairie dog range is
predicted to be impacted by low urban
development (less than 40 units per ac;
E:\FR\FM\05FEP1.SGM
05FEP1
rmajette on PROD1PC64 with PROPOSALS
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
99 per ha), 6 percent by moderate
development (40 to 80 units per ac; 99
to 198 per ha), and 5 percent by high
development (fewer than 80 units per
ac) between 2000 and 2020 (CDOW
2007, p. 28). We do not have
information on the extent of
development projected to occur in the
other States within the species’ range
(Utah, Arizona, and New Mexico).
Potential threats to Gunnison’s prairie
dog populations due to urban and
suburban development exist, but have
not been quantified, in the four cities of
Santa Fe and Albuquerque, New
Mexico; Flagstaff, Arizona; and
Gunnison, Colorado (CDOW 2007, p. 4).
In some areas, Gunnison’s prairie dogs
threatened by urban development have
been captured and relocated to
preserves or other nearby habitats,
mitigating effects to overall population
numbers, but not to area of habitat.
Although urban and suburban
development exert adverse impacts on
Gunnison’s prairie dog populations at a
local scale, they likely affect less than
three percent of the species’ range; low
density development appears to be
compatible with continued use by
prairie dogs, due to the offsets provided
by lawns and pastures that provide high
quality forage (Seglund et al. 2005, p.
41).
Noxious weeds can increase in the
presence of livestock overgrazing, and a
relationship likely exists between
overgrazing, Bromus tectorum (cheat
grass) proliferation, and increased fire
frequency and intensity (Seglund et al.
2005, p. 43). However, we have no data
that quantifies these factors or their
correlation with effects to Gunnison’s
prairie dog populations. The impact of
overgrazing on prairie dog populations
is contradictory. Some reports have
noted that species density is positively
correlated with the number of native
plants (Slobodichikoff et al. 1988, p.
406), and that grazing has decreased
forage availability (Seglund et al. 2005,
p. 42). Other reports have concluded
that prairie dog density is positively
correlated with an increase in grazing,
which simulates the shortgrass-type of
prairie environment preferred by prairie
dogs (Fagerstone and Ramey 1996, p. 88;
Marsh 1984, p. 203, Slobodchikoff et al.
1988, p. 406). Considering the
conflicting conclusions of published
literature, and the lack of large-scale
population decreases due to habitat
alterations from livestock grazing, we
find this is not a significant threat to the
Gunnison’s prairie dog.
Numerous land parcels within the
Gunnison’s prairie dog range are leased
for oil and gas development (Seglund et
al. 2005, pp. 36, 42). However, no
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
information is available that quantifies
the amount of occupied habitat affected.
In a study of white-tailed prairie dogs,
Menkens and Anderson (1985, p. 13)
concluded that any impact from seismic
testing is negligible. However, we
acknowledge that oil and gas
development is rapidly occurring
(Seglund et al. 2005, p. 44), and that this
potential threat should be considered
more closely when more accurate data
are available.
Road-related Gunnison’s prairie dog
mortality exists in proximity to specific
population areas. Roads may be
increasing due to oil and gas
development. However, no studies
quantify road mortality of Gunnison’s
prairie dogs. We have no data indicating
that roads are currently threatening the
species rangewide, and we conclude
that prairie dog populations are able to
recover from individual losses due to
road mortality.
Conservation principles indicate that
smaller, more isolated populations are
more vulnerable to extirpation (Barnes
1993, p. 34; Cully 1993, p. 43; Fitzgerald
1970, p. 78; Gilpin and Soule 1986, pp.
30–31; Miller et al. 1994, p. 151;
Mulhern and Knowles 1995, p. 21;
Wilcox and Murphy 1985, p. 883;
Wuerthner 1997, p. 464). Lomolino et
al. (2003, p. 116) found that persistence
of Gunnison’s prairie dog colonies
increased significantly with larger
colony size and decreased isolation.
However, we found no studies or data
that specifically assess the magnitude of
the threats discussed under Factor A
(agriculture land conversions,
urbanization, grazing, roads, and oil and
gas leasing) and resulting fragmentation
throughout the range of Gunnison’s
prairie dog habitat.
Summary of Factor A
After assessing the best available
science on the magnitude and extent of
the effects of agricultural land
conversion, urbanization, grazing, roads,
oil and gas development, and
fragmentation of habitat, we find that
the destruction, modification, and
curtailment of Gunnison’s prairie dog’s
habitat or range are not significant
threats. Agriculture, urbanization, roads,
and oil and gas development each
currently affect a small percentage of
Gunnison’s prairie dog habitat. Effects
of livestock grazing, while widespread,
have not resulted in measurable
population declines. However, we need
more information on the impacts of
fragmentation and isolation with regard
to persistence of prairie dog populations
and on the magnitude of the potential
threat posed by increasing oil and gas
development.
PO 00000
Frm 00050
Fmt 4702
Sfmt 4702
6667
B. Overutilization for Commercial,
Recreational, Scientific, or Educational
Purposes
Gunnison’s prairie dogs have been
historically subjected to recreational
shooting and shooting as a form of pest
management on ranch and agricultural
land; these practices continue under
current State regulations (see Factor D.
Inadequacy of Existing Regulatory
Mechanisms). Prairie dogs are especially
vulnerable to shooting due to their
colonial behavior, which facilitates easy
access to many individuals at once
(Seglund et al. 2005, p. 48). Most field
studies on the effects of shooting prairie
dogs have been carried out on blacktailed prairie dogs, but we consider the
results relevant to Gunnison’s prairie
dogs (CDOW 2007, p. 41). Shooting
effects include population reduction
and alteration of behavior, such as
decreased foraging rates and increased
vigilance, which reduce individual
prairie dog vigor and result in lower
reproductive output (Knowles 1988, p.
54; Reeve and Vosburgh in press, p. 5;
Vosburgh 1996, pp. 32–33; Vosburgh
and Irby 1998, p. 368; Pauli and Buskirk
2007, pp. 1223–1224).
Recreational shooting can reduce
prairie dog population density at
specific sites (Knowles 2002, p. 14;
Miller et al. 1993, p. 91; Vosburgh 1996,
pp. 13–14; Vosburgh and Irby 1998, pp.
366–367). Local extirpation of colonies
may have occurred in isolated
circumstances in the past (Knowles
1988, p. 54). However, increased
population growth rates or recovery
from very low numbers following
shooting also have been reported
(Knowles 1988, p. 54; Reeve and
Vosburgh in press, p. 7). Recent studies
of the effects of shooting on black-tailed
prairie dogs appear to contradict the
idea that populations quickly rebound
from shooting. Reproductive output on
colonies subjected to shooting decreased
by 82 percent, while control colonies
maintained a stable reproductive rate
over the same period (Pauli and Buskirk
2007, p. 1228). Therefore, black-tailed
prairie dogs do not appear to rebound
quickly from shooting.
The International Union for the
Conservation of Nature/Species Survival
Commission (IUCN/SSC) Conservation
Breeding Specialist Group evaluated the
effects of shooting mortality on
population viability of Gunnison’s
prairie dogs (CDOW 2007, p. 124).
Simulations were run with a shooting
closure in place from March 1 through
June 14 each year (approximating State
closures) and without any closures.
Having the closure in place resulted in
positive population growth and
E:\FR\FM\05FEP1.SGM
05FEP1
6668
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
negligible risk of extinction, except in
scenarios with the highest levels (20
percent) of shooting-based mortality.
Simulations run without the seasonal
shooting closure in place suggest that
when initial population sizes are
smaller (less than 250 individuals) and
shooting mortality is high (20 percent),
a decrease in growth rate and an
increase in population extinction risk
exist (CDOW 2007, pp. 135–137).
Colorado, Utah, and Arizona (outside
Tribal lands) have implemented
seasonal closures on prairie dog
shooting. In Arizona and New Mexico,
the Navajo Nation monitors this threat
but currently implements no closures on
shooting because it finds the level of
shooting to be low on its lands (Cole
2007, p. 4).
rmajette on PROD1PC64 with PROPOSALS
Summary of Factor B
We have determined that shooting
continues to be a threat to the
Gunnison’s prairie dog throughout all of
its range and contributes to the decline
of the species when combined with the
effects of disease (see Factor C below).
However, this threat is being monitored
and managed in all States and the
Navajo Nation, and modeling results
suggest seasonal shooting closures
implemented in Colorado and Arizona
will likely reduce population-level
losses. Therefore, we have determined
that overutilization for commercial,
recreational, scientific, or educational
purposes is not a significant threat to
the Gunnison’s prairie dog.
C. Disease or Predation
While prairie dogs are prey to
numerous species, including coyotes,
badgers, black-footed ferrets, and
various raptor species, there is no
information available to indicate that
predation has an overall adverse effect
on the species. Black-footed ferrets have
been reintroduced into two locations in
Arizona, including the Aubrey Valley,
where Gunnison’s prairie dog
populations appear to be stable.
The Gunnison’s prairie dog is,
however, affected by sylvatic plague,
which occurs in regular outbreaks and
causes population declines and
extirpations. Plague is an exotic disease
foreign to the evolutionary history of
North American species (Barnes 1982,
p. 238; Barnes 1993, p. 29; Biggins and
Kosoy 2001, p. 907). This flea-borne
disease, caused by infection with the
bacterium Yersinia pestis, is shared by
humans and other vertebrate animals.
Rodents are the primary vertebrate hosts
of Y. pestis, but other mammals can be
infected. Y. pestis is transmitted to
mammals by bites of infected fleas,
direct contact with infected animals,
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
and rarely by inhalation of infectious
respiratory droplets from another
animal (Gage et al. 1995, pp. 695–696).
Plague was first observed in wild
rodents (termed sylvatic plague) in
North America near San Francisco,
California, in 1908 and was detected in
Gunnison’s prairie dogs in the 1930s
(Eskey and Hass 1940, p. 6). Plague has
subsequently spread so that it now
encompasses the entire range of the
species (Centers for Disease Control
1998, p. 1; Cully 1989, p. 49; Girard et
al. 2004, p. 8408). Therefore, it has only
been present within the species’ range
for approximately 70 years, allowing
very little time for any resistance to
evolve (Biggins and Kosoy 2001, p. 913).
Once established in an area, plague
becomes persistent and periodically
erupts, with the potential to eventually
extirpate or nearly extirpate entire
colonies (Barnes 1982, p. 255; Barnes
1993, p. 28; Cully 1989, p. 51; Cully et
al. 1997, p. 711; Fitzgerald 1993, pp.
52–53). The term ‘‘enzootic’’ describes
plague existing at a less severe level,
sometimes referred to as a
‘‘maintenance’’ condition, that is
present continuously throughout a
species’ habitat; the term ‘‘epizootic’’
describes a severe plague outbreak or
amplification transmission cycle (Gage
et al. 1995, p. 696).
Prairie dogs are highly susceptible to
plague, and this susceptibility is
thought to be a function of high
population densities, abundant flea
vectors, and uniformly low resistance
(Biggins and Kosoy 2001, p. 913).
Gunnison’s prairie dogs can experience
mortality rates of greater than 99 percent
during epizootics, and eradication of
populations can occur within one active
season (Lechleitner et al. 1962, pp. 190–
192; Lechleitner et al. 1968, p. 736;
Rayor 1985, p. 194; Cully 1989, p. 49).
Oral vaccination through
consumption of vaccine-laden baits
could reduce mortality from plague.
Mencher et al. (2004, pp. 5504–5505)
report protection against plague in
black-tailed prairie dogs, elicited
through voluntary consumption of a
vaccine-laden bait in the laboratory. The
vaccine has been shown to be safe in
numerous animals including blackfooted ferrets, raccoons, skunks,
bobcats, cats, dogs, and sheep. However,
future field trials are required to test the
efficacy on the Gunnison’s prairie dog.
Recovery rates of Gunnison’s and
Utah prairie dog colonies studied 2
years post-epizootic found that
Gunnison’s prairie dog colonies
experienced 100 percent mortality and
remained depopulated throughout the
study due to the lack of available
immigrants (Turner 2001, p. 14). Partial
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
or complete recovery following
population reductions due to plague
have been reported for both white-tailed
and black-tailed prairie dogs (Cully
1993, pp. 40–41), but little to no
recovery has been noted in montane
Gunnison’s prairie dog colony die-offs,
even after long periods of time
(Capodice and Harrell 2003, pp. 5–7;
Cully et al. 1997, p. 717; Lechleitner et
al. 1968, p. 734). Possible long-term
consequences of continued plague
infection in Gunnison’s prairie dog
populations may be:
(1) local extirpation of colonies;
(2) reduced colony size;
(3) increased variance in local
population sizes, and
(4) increased inter-colony distances
(CDOW 2007, p. 43).
The factors that influence
interspecific (between species)
transmission of plague from mammalian
or avian reservoirs (for example,
coyotes, raptors, corvids) into prairie
dog populations are unclear, but seem to
be primarily through fleas that could
increase in moister climates (Parmenter
et al. 1999, p. 818; Rayor 1985, p. 195).
However, interspecific transmission
does not seem to be a significant factor
creating plague epizootics. Plague is
now considered enzootic throughout the
range of the Gunnison’s prairie dog.
The primary factor influencing plague
enzootics in Gunnison’s prairie dogs is
thought to be abundance of fleas within
their own colonies. This appears to be
correlated with seasonal moisture in
specific habitat areas. Plague outbreaks
may be triggered by climatic conditions,
such as mild winters and moist springs
(Parmenter et al. 1999, p. 818; Rayor
1985, p. 195). Enscore et al. (2002, p.
191) found a close relationship between
human plague cases in the southwestern
United States and high amounts of late
spring (February to March) precipitation
(time-lagged 1 and 2 years) and
maximum daily summer temperature
values in the moderately high range (85
to 90 °F; 29 to 32 °C).
Girard et al. (2004, p. 8408)
postulated that when resistant hosts of
plague encounter a susceptible species
¨
that is plague naıve and has a high
population density, an epizootic occurs.
During epizootic phases, declines in
abundance of susceptible species like
prairie dogs are observed (Hanson et al.
2007, p. 790). The rapid dispersal of the
pathogen through an area can be
followed by an enzootic phase, a slower
transmission cycle that disperses
through the lower-density, more
resistant hosts remaining from the first
cycle. This establishes the disease in
stable reservoirs for future emergence
E:\FR\FM\05FEP1.SGM
05FEP1
rmajette on PROD1PC64 with PROPOSALS
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
(Girard et al. 2004, p. 8413; Gage and
Kosoy 2005, pp. 506–509).
Enzootic infection is generally
considered characteristic of a stable
rodent–flea infectious cycle where host
rodents are relatively resistant to the
disease. However, Hanson et al. (2007,
p. 792) found that an unexpectedly high
percentage of black-tailed prairie dog
colonies in Montana tested positive for
plague. They speculate that, under some
conditions, black-tailed prairie dogs,
rather than acting as resistant hosts, may
serve as enzootic hosts or carriers of the
pathogen. Plague antibody titers
(concentrations in blood) have been
found in small numbers of Gunnison’s
prairie dogs in New Mexico, indicating
individual exposure to plague and
subsequent recovery (Cully et al. 1997,
p. 717; Cully and Williams 2001, p.
898). Plague appears to have had little
effect on a Gunnison’s prairie dog
population in Aubrey Valley, Arizona
(Wagner and Van Andelt 2007, p. 2).
However, little evidence of resistance to
plague has been found in any species of
prairie dog at this time.
In conducting a Population Viability
Analysis on Gunnison’s prairie dogs, the
IUCN/SSC Conservation Breeding
Specialist Group (CDOW 2007, p. 123)
hypothesized that in an enzootic
scenario, plague operates at a relatively
low level each year, thereby increasing
average annual rates of mortality above
what would occur in a more benign
non-enzootic scenario.
Gunnison’s prairie dog populations
are more susceptible to decline from
plague than white-tailed prairie dog
populations and are at least as, if not
more, susceptible than black-tailed
prairie dog populations (Antolin et al.
2002, p. 14; Cully 1989, p. 51; Cully and
Williams 2001, p. 899; Hubbard and
Schmitt 1983, p. 51; Knowles 2002, p.
13; Ruffner 1980, p. 20; Torres 1973, p.
31; Turner 2001, p. iii). Gunnison’s
prairie dogs commonly forage outside of
their home territory, a characteristic that
may play a significant role in the
susceptibility of the species to plague.
The Gunnison’s prairie dog may be
more susceptible to plague than the
black-tailed prairie dog because of the
Gunnison’s less exclusive territorial
behavior (many mix relatively freely
throughout adjacent territories) and
thereby contribute to the
communicability of plague (Hoogland
1999, p. 8).
The Gunnison’s prairie dog is also
likely more susceptible to plague than
the white-tailed prairie dog because the
Gunnison’s typically occurs at higher
densities and is less widely dispersed
on the landscape, allowing for more
frequent transmission of the disease
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
from one individual to another (Antolin
et al. 2002, p. 19; Cully 1989, p. 49;
Cully and Williams 2001, p. 901; Turner
2001, p. 31). Biggins (2003, p. 6)
speculated that if transmission rates for
plague are at least partly dependent on
host density, prairie dog populations on
good quality sites may undergo both
larger declines and more rapid
recoveries than those on poor sites.
Available literature is inconclusive
regarding whether isolation or density
of a colony affects the number and
frequency of plague outbreaks.
Lomolino et al. (2003, p. 118) and others
(Cully and Williams 2001, p. 901; Miller
et al. 1993, pp. 89–90) suggested that
isolation and fragmentation may
provide some protection to prairie dogs
from plague by lessening the likelihood
of disease transmission. However, this
theory no longer applies when plague is
enzootic throughout the range of
Gunnison’s prairie dog (as it appears to
be), in which case isolation of colonies
reduces the chance of recolonization
after extirpation (Wagner and Drickamer
2002, p. 16; Lomolino and Smith 2001,
pp. 942–943). In areas where
Gunnison’s prairie dog colonies are
located close to each other (less than 6
miles (mi) (10 kilometers (km) apart),
inter-colony dispersal of plague is likely
through infected prairie dogs (Girard et
al. 2004, p. 8412). For colonies
separated by long distances or
unsuitable habitats, infection may occur
due to long-distance dispersal of plagueinfected fleas by domestic dogs, coyotes,
raptors, or other predators and
scavengers (Barnes 1993, p. 34), or
plague may already persist as enzootic
throughout Gunnison’s prairie dog
range.
The impacts of plague outbreaks,
which lead to the loss of prairie dog
colonies of all sizes (Roach et al. 2001,
p. 956), are magnified by isolation of
colonies. Colony growth after an
epizootic is mainly the result of
recolonization by inter-colony
dispersers (Antolin et al. 2002, p. 17).
Wagner et al. (2006, pp. 334–335)
studied cycles of extirpation and
recolonization in Gunnison’s prairie
dogs in Arizona, including a large
number of colonies over a large
geographic area, and found a significant
relationship between the persistence of
colonies and the persistence of their
nearest neighboring colony. Increased
isolation decreases the likelihood of
recolonization following a plague
outbreak if the distance between the
infected colony and the next nearest
colony is beyond the dispersal
capabilities of the species. For example,
Lechleitner et al. (1962, pp. 195, 197)
documented a 1959 plague outbreak in
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
6669
a Gunnison’s prairie dog colony in
Colorado that killed all members of the
colony. Prior to the outbreak, this
colony had been continuously occupied
for 20 years, despite several poisoning
attempts. Two years after the plague
outbreak, the colony still had not been
recolonized, likely because it was
isolated from other colonies by 8 mi (13
km) (Lechleitner et al. 1962, p. 187).
Research is underway on the efficacy
of insecticides in protecting various
prairie dog species from plague. Biggins
and Godby (2005, p. 2) hypothesized
that if enzootic plague is affecting
populations of prairie dogs, an
ambitious effort to remove the disease
should result in increased survival rates
of prairie dogs. Fleas in Utah prairie dog
burrows were effectively controlled by
annual treatments of the insecticide
deltamethrin; fleas were reduced 96 to
98 percent within one month of
treatment (Biggins and Godby 2005, p.
5). Studies of the effects of flea control
on black-tailed and white-tailed prairie
dogs have shown similar results
(Biggins 2007). At this time, chemical
dusting of individual prairie dog
burrows is labor intensive and
expensive.
All recent, major Gunnison’s prairie
dog colony declines documented in
published literature have been
attributed to plague epizootics.
However, the magnitude of the plague
threat appears to be different in the
montane and prairie portions of the
Gunnison’s prairie dog range.
Population declines in prairie habitat
are less dramatic than those in montane
habitat; partial recovery or
establishment of new colonies have
been documented following plague in
the prairie range portion, but are rare or
absent following plague outbreaks in the
montane range.
We reviewed literature on the status
of Gunnison’s prairie dog populations
within the two portions of the range
and, specifically, all published and
unpublished literature on the effects of
plague on prairie dogs. While some
studies were not recent, summarizing
them below provides background on the
responses of Gunnison’s prairie dog
populations to plague in each portion of
the range.
Effects of Plague in Montane Habitat
Several well-studied colonies within
the montane portion of the Gunnison’s
prairie dog range have been documented
as being extirpated, or nearly so, due to
plague. The South Park, Colorado,
population area included estimated
occupied habitat of 915,000 ac (371,000
ha) in 1945; 74,000 ac (30,000 ha) in
1948; and 42 ac (17 ha) in 2002 (CDOW
E:\FR\FM\05FEP1.SGM
05FEP1
rmajette on PROD1PC64 with PROPOSALS
6670
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
2007). This decline was largely due to
plague and affected a substantial portion
of the species’ extant occupied habitat
in Colorado (at least 15 percent). A
plague event in Saguache County,
Colorado, that progressed across seven
colonies in 2 years left only scattered
individuals surviving in two colonies
(Lechleitner et al. 1968, p. 734). In
Gunnison, Saguache, and Montrose
Counties, Colorado, plague also was
responsible for a decline from 15,569 ac
(6,228 ha) of occupied habitat in 1980,
to 770 ac (308 ha) in 2002 (note that
Montrose County is in the Southwest
population area in prairie habitat)
(Capodice and Harrell 2003, pp. 5–7). A
complete die-off of a colony due to
plague in Chubbs Park, Chaffee County,
Colorado, occurred in 1959 (Lechleitner
et al. 1962, p. 185). In August 1958, the
population was stable and healthy, but
in 1959 an epizootic spread 2 mi (3 km)
within 3 months; prairie dogs continued
to be absent from the area in 1960 and
1961, and we have no recent
information on the existence of prairie
dogs in that location. Plague resulted in
the complete loss, over a 2-year period,
of a colony in South Park, Colorado
(Fitzgerald 1970, pp. 68–69).
Approximately 1,000 to 1,500
Gunnison’s prairie dogs were killed by
an outbreak of plague in a 148-ac (60ha) colony in Curecanti National
Recreation Area near Gunnison,
Colorado, in 1981 (Rayor 1985, p. 194).
A few animals survived the disease and
Gunnison’s prairie dogs were again
abundant in the area in 1986 (Cully
1989, p. 49). In 2002, 252 ac (102 ha) of
habitat in the Recreation Area were
occupied by Gunnison’s prairie dog
colonies (Capodice and Harrell 2003, p.
23), but the current estimate is 12 ac (4.8
ha) (Childers 2007, p. 2). Colonies
within the Recreation Area experienced
six plague epidemics between 1971 and
2007. Of the 9 historic Gunnison’s
prairie dog colonies, 3 are currently
active, and 2 act as source populations
for the main prairie dog concentration
area (Childers 2007, p. 1). If the source
colonies die off due to plague,
repopulation may not be possible
because any other Gunnison’s prairie
dog populations remaining will be
separated by distance (more than 6 mi
(10 km)) and impassable geographical
features such as rivers and mountains
(Lomolino et al. 2003, p. 116;
Pizzimenti and Hoffman 1973, p. 1).
Recently, plague has been implicated
in the loss of several large colonies on
BLM land within the Gunnison
population area (CDOW 2007, p. 4). A
large colony southeast of Gunnison,
Colorado, that was very active in 2005,
was totally devoid of prairie dogs in
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
2006 and 2007. Four other large
colonies in the same vicinity were
active in 2006, but by 2007, no prairie
dog activity was observed. Plague is the
suspected cause of these extirpations,
because of the complete elimination of
the prairie dogs with no sign of
poisoning (CDOW 2007, p. 4).
Fitzgerald (1993, p. 52) expressed
concern about the status of the
Gunnison’s prairie dog in Colorado,
indicating that plague had eliminated
many populations, including almost all
of the populations in South Park. He
also suggested that populations
appeared to be in poor condition in the
San Luis Valley, and were extirpated
from the extreme upper Arkansas River
Valley, as well as Jefferson, Douglas,
and Lake Counties. These areas
comprise most of the Gunnison’s prairie
dog montane habitat in Colorado.
During 1984 through 1987, a plague
event reduced the population of
Gunnison’s prairie dogs in the Moreno
Valley of New Mexico from more than
100,000 individuals to between 250 and
500, a decline of greater than 99 percent
(Cully et al. 1997, pp. 708–711).
Although the growth rate of the
remaining population increased
following the epizootic, another plague
event swept through the area in 1988,
and the population in July 1996 was
still ‘‘a fraction’’ of what it had been in
1984 (Cully et al. 1997, p. 718).
Occupancy modeling performed in
Colorado in 2005 indicated a lower
proportion of occupancy in the montane
portion of the species’ range within
Colorado (3.2 percent) than in the
prairie portion within Colorado (16.0
percent) (Andelt et al. 2006, p. 17;
CDOW 2007, p. 19). When the study
was repeated over the same plots in
2007, occupancy was again found to be
lower (3.6 percent) in the montane range
portion in Colorado than in the prairie
portion (18.3 percent) (CDOW 2007, p.
19). The only recent threat responsible
for whole population declines and
extirpations, as documented in the
studies cited in this section, is plague.
The frequency of plague epizootics
appears to be high in montane habitat
due to moister environmental
conditions that are conducive to greater
flea densities. The impact of plague
epizootics in montane habitat is great
because the small, isolated populations
cannot recolonize. Within the South
Park, Gunnison, and Southeast montane
population areas in Colorado, no prairie
dog complexes that approach a size
considered sustainable exist, and only a
few small complexes exist within the
San Luis Valley population area (CDOW
2007, pp. 1–17). Without a
metapopulation structure, an overall
PO 00000
Frm 00053
Fmt 4702
Sfmt 4702
decline in persistence takes place
(Lomolino and Smith 2001, p. 942).
The landscape status in the montane
portion of Gunnison’s prairie dog range
is characterized by fewer, smaller
colonies that are isolated, and few to no
complexes or metapopulation structure.
Isolation of populations is related to the
montane geography in this portion of
the range. Gunnison’s prairie dogs
occupy low valleys and mountain
meadows within this habitat (Seglund et
al. 2005, p. 12), likely because the short
growing season at elevations higher than
10,000 ft (3,048 m) limits forage (Andelt
et al. 2006, p. 17). In addition, mountain
topography minimizes the zone of
contact between populations (Knowles
2002, p. 3). At least four mountain
ranges within the montane portion of
the range act as barriers to Gunnison’s
prairie dog dispersal (Pizzimenti and
Hoffman 1973, p. 1). These factors make
the prairie dogs in this habitat highly
susceptible to plague-related declines,
and we have no evidence of long-term
recovery from plague in the montane
habitat area.
Effects of Plague in Prairie Habitat
The Southwest and the La PlataArchuleta populations in Colorado are
within the prairie portion of Gunnison
prairie dog range. The Southwest
population comprises the largest
population of Gunnison’s prairie dogs in
Colorado, with an estimated 88,267 ac
(35,307 ha) of active colonies. Currently,
prairie dogs can be found in nearly any
habitat suitable for occupation, although
densities are low to very low in native
rangeland areas. Plague may be a
problem in this area, because periodic
die-offs not associated with poisoning or
other control measures have been noted
by local farmers and ranchers in the
past. However, unlike populations in
montane habitat within Colorado, these
populations appear to rebound from
periodic epizootics (CDOW 2007, p. 16).
Populations in the La Plata-Archuleta
population area appear to undergo
plague outbreaks every 4 to 7 years,
which may be limiting some
populations (CDOW 2007, p. 7).
Occupancy modeling in 2005 and 2007
documented Gunnison’s prairie dog
occupancy of 17.6 percent and 27.0
percent, respectively, in the Southern
Ute Reservation (part of the La PlataArchuleta population area), and 15.6
percent and 16.3 percent in the
Southwest area (CDOW 2007, p. 19).
The persistence of these populations,
while undergoing repeated plague
outbreaks, is likely due to their
proximity to other populations within
the prairie portion of the species’ range
E:\FR\FM\05FEP1.SGM
05FEP1
rmajette on PROD1PC64 with PROPOSALS
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
and immigration from those
populations.
In Arizona, from 1987 to 2001, an
estimated 68 percent reduction in the
number of active Gunnison’s prairie dog
colonies occurred, primarily due to
outbreaks of plague (Underwood 2007,
p. 18; Wagner and Drickamer 2002, p.
15). However, in the area known as the
Coconino Plateau, the area occupied by
Gunnison’s prairie dogs increased from
2,126 ac (860 ha) in 1992 to 40,942 ac
(16,569 ha) in 2007 (Van Pelt 2007, p.
3), suggesting the species can withstand
large plague epizootics through colony
expansion or recolonization from nearby
colonies. In addition, the Aubrey Valley
Complex (in northwestern Arizona, the
westernmost part of the species’ range)
has remained stable since at least 1974,
despite the presence of plague, and the
size of this complex increased from
approximately 30,000 ac (12,000 ha) in
1997 (Underwood 2007, p. 23), to
40,000 ac (16,800 ha) in 2005 (Van Pelt
2005, p. 2), to 47,785 ac (19,338 ha) in
2007 (Van Pelt 2007, p. 2). Gunnison’s
prairie dogs at this site had significantly
higher levels of antigens associated with
disease-causing pathogens such as
plague, the same immune response
expected if the prairie dogs had been
vaccinated against plague (Wagner and
Van Andel 2007, p. 2).
Of 293 colonies surveyed within
Gunnison’s prairie dog range in Arizona
outside of Tribal lands, 57 (19 percent)
experienced die-offs during the
summers of 2000 and 2001 (Wagner and
Drickamer 2002, p. 13). Plague was
confirmed as the causative agent for 15
of these 57 colonies but is thought to be
the likely cause for them all, because it
is the only disease that causes outbreaks
with high mortality in prairie dogs
(Barnes 1993, p. 34; Wagner and
Drickamer 2002, p. 13). During surveys,
they also identified the approximate
boundaries of two previous plague
outbreaks (Wagner and Drickamer 2002,
p. 14).
An outbreak occurred over
approximately 1,120 square mi (2,900
square km) west of the town of Dilkon,
Arizona, on the Navajo Indian
Reservation. This outbreak probably
occurred in 1995 or 1996 (Wagner and
Drickamer 2004, p. 14). Previous
surveys in the area documented 45
colonies on 8,649 ac (3,500 ha).
Reexamination of these colonies in 2000
and 2001 showed that all but two
colonies were inactive. At most of the
inactive colonies, burrow entrances
were completely closed, and only
mounds indicated where they formerly
occurred.
An outbreak occurred east of the town
of Seligman, Arizona, across
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
approximately 425 square mi (1,100
square km) around 1996. The Arizona
Game and Fish Department conducted
surveys in this area between 1990 and
1994, and identified 47 active colonies
that covered approximately 8,649 ac
(3,500 ha). In 1996, die-offs were
observed in this area, and the U.S.
Centers for Disease Control and
Prevention confirmed plague as the
cause. Although prairie dog numbers
were increasing again in 1998, surveys
in 2001 indicated that only 11 of the 47
colonies were active. Possibly another,
undocumented, plague outbreak
occurred in 1999 or 2000, again
reducing the number of individuals
(Underwood 2007, p. 19). Despite this
persistent plague activity, Gunnison’s
prairie dogs are becoming reestablished
in some areas within the boundaries of
the Seligman outbreak (Wagner and
Drickamer 2002, pp. 14–15). This
apparent resiliency is most likely due to
immigration from other colonies in the
prairie portion of the species’ range.
Plague cycles have been observed in
Gunnison’s prairie dogs in Utah, and
populations have been known to die off
and then recover (Lupis et al. 2007, p.
32). Because plague testing has not been
conducted on Gunnison’s prairie dogs
in Utah, declines cannot definitively be
attributed to the disease (Seglund et al.
2005, p. 52). Plague is anticipated to be
an ongoing threat to Gunnison’s prairie
dog populations in Utah at both a
localized, and a widespread, scale
(Lupis et al. 2007, p. 32). The Utah
Division of Wildlife Resources recently
conducted point surveys and found that
occupancy was 15.7 percent. Based on
observed occupancy, they estimate that
roughly 40,000 ac (16,000 ha) of
southeastern Utah were inhabited by
Gunnison’s prairie dogs in 2007.
Of 65 Gunnison’s prairie dog colonies
occupied prior to 1984 in west-central
New Mexico, 32 (49 percent) were still
occupied in 2005 (Luce 2005, p. 4). The
active colonies were estimated to cover
5,997 ac (2,399 ha) (Luce 2005, p. 5).
The New Mexico Department of Game
and Fish recently initiated occupancy
modeling surveys similar to those used
by CDOW and the Utah Division of
Wildlife Resources; however, we
currently have no data from that effort.
Summary of Factor C
The studies cited above document the
serious impact that plague has on
Gunnison’s prairie dogs. Although
plague antibody titers have been found
in a few individuals, periodic epizootic
plague events generally kill more than
99 percent of an affected population.
Whether individual populations recover
from these epizootics depends on two
PO 00000
Frm 00054
Fmt 4702
Sfmt 4702
6671
main factors: (1) The availability of
other source populations to recolonize
an area; and (2) the frequency of
epizootic outbreaks, which can reduce
population numbers more quickly than
individual prairie dogs from
neighboring colonies can recolonize.
Populations in the more mesic
montane areas of Gunnison’s prairie dog
range appear to have been widely and
severely affected by plague. This may be
partly due to climatic conditions such
as higher levels of spring moisture,
which has been shown to increase flea
numbers, and in turn, plague outbreaks.
Isolation of prairie dog populations does
not seem to protect them from the
spread of plague, because it appears that
plague exists with all parts of the range
at some level, and can be spread by
wider-ranging animals. The case studies
cited in this section indicate that large
populations have been repeatedly
affected by plague and have shown no
substantial recovery over long periods of
time—decades in some cases. This has
left smaller, more scattered populations
throughout the montane range portion
and a complete lack of metapopulation
structure, with the result that areas
affected by plague are less likely to be
recolonized by nearby populations.
While little information is currently
available on prairie dog movement
within this montane habitat, its
geography (populations are located in
valleys between mountainous areas)
probably impedes the ability of prairie
dogs to recolonize populations. Within
this geographic area, CDOW found
slightly more than 3 percent occupancy
of surveyed plots.
Although documented population
declines due to plague outbreaks also
occur in the more xeric prairie portions
of Gunnison’s prairie dog range,
evidence shows that many of these
populations recover more rapidly from
plague epizootics, probably due to the
availability of nearby colonizers. This
portion of the range has maintained a
metapopulation structure that provides
source populations for plague-affected
populations. The largest population in
Arizona, Aubrey Valley in the driest
portion of the range, has been increasing
in recent years and shows indications of
exposure to plague without the
devastating effects observed elsewhere.
The CDOW data documents
approximately 18 percent occupancy
within prairie habitat in Colorado.
Studies in Utah and west-central New
Mexico indicate a historic decline in
habitat occupancy of approximately 50
percent (Wright 2007, p. 3; Luce 2005,
p. 4), and a greater decline in Arizona
(Wagner and Drickamer 2002, p. 11).
While this is significant, it is far less
E:\FR\FM\05FEP1.SGM
05FEP1
6672
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
than the declines seen in the montane
habitat area; in addition,
metapopulation structure continues to
exist, and at least one Gunnison’s
prairie dog complex (Aubrey Valley,
Arizona) is exhibiting some resistance to
plague epizootics.
The impacts of plague appear to be
ongoing with moderate population-level
effects when assessed across the entire
range of the Gunnison’s prairie dog.
Within the prairie portion of the range,
plague has reduced the number of
populations, and is reducing the size of
populations, but has not decimated the
existing metapopulation structure.
Gunnison’s prairie dog colonies in
prairie habitat exhibit rebound and
recovery from plague epizootics in
many population areas due to
availability of animals from adjacent
colonies. So far, plague has resulted in
moderate effects to the species in the
prairie portion of the range.
Within the montane portion of the
range, plague has significantly reduced
the number and size of populations,
resulting in high effects to the species.
Populations within montane habitat
have three distinct disadvantages in
resisting the effects of plague:
(1) A higher frequency of epizootics
due to the moister montane climate that
is conducive to higher abundance of
fleas that spread plague;
(2) smaller populations that cannot
recover in numbers from plague
epizootics; and
(3) isolated populations and no
metapopulation structure, due to
reduced population sizes from past
plague epizootics and montane
geography, and therefore a significantly
limited ability to recolonize.
After assessing the best available
science on the magnitude and extent of
the effects of plague, we find that the
impact of plague in the montane portion
of the Gunnison’s prairie dog range is
significant. However, plague does not
rise to a level of being a significant
threat to the Gunnison’s prairie dog
throughout its range.
D. Inadequacy of Existing Regulatory
Mechanisms
rmajette on PROD1PC64 with PROPOSALS
Local Laws and Regulations
Approximately 22 percent of potential
Gunnison’s prairie dog habitat occurs on
private lands, and another 30 percent
occurs on Tribal lands or lands managed
by the Bureau of Indian Affairs (Seglund
et al. 2005, p. 21). We are not aware of
any city, or county ordinances that
provide for protection or conservation of
the Gunnison prairie dog or its habitat.
We recognize that city, county, and
Tribal ordinances that address issues
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
such as agricultural lands,
transportation, and zoning for various
types of land use have the potential to
influence the Gunnison’s prairie dog or
its habitat; for example, zoning that
protects open space might retain
suitable habitat, and zoning that allows
a housing development might destroy or
fragment habitat.
Colorado State Statute C.R.S. 30–28–
101 exempts parcels of land of 35 ac (14
ha) or more per home from regulation,
so county zoning laws in Colorado only
restrict developments with housing
densities greater than one house per 35
ac (14 ha). This State statute allows
some parcels to be exempt from county
regulation and may negatively impact
some prairie dogs.
Tribal Laws and Regulations
Approximately 49 percent of potential
Gunnison’s prairie dog habitat occurs on
Tribal lands (Seglund et al. 2005, p. 21).
On the Navajo Nation, Gunnison’s
prairie dog is classified as small game,
and a hunting license is required to
shoot them (Cole 2007, p. 4). In general,
access and permission to hunt on Tribal
lands are limited for non-Tribal
members as a result of various trespass
laws, but access by Tribal members is
not limited. We are aware of no seasonal
shooting closures in effect on Tribal
land. Work on the Navajo Nation
Gunnison’s Prairie Dog Management
Plan, which will incorporate elements
of the Arizona, New Mexico, and Utah
State plans, is expected to begin
immediately after finalization of the
Gunnison’s prairie dog rangewide
inventory (Cole 2007, p. 5). The Navajo
Nation allows lethal and non-lethal
removal of Gunnison’s prairie dogs for
agricultural, human health, and safety
purposes (Cole 2007, pp. 4, 5)
We are not aware of any other Tribal
ordinances that provide for protection
or conservation of the Gunnison prairie
dog or its habitat. We recognize that
Tribal ordinances that address issues
such as agricultural lands,
transportation, and zoning for various
types of land uses have the potential to
influence the Gunnison’s prairie dog or
its habitat; for example, zoning that
protects open space might retain
suitable habitat, and zoning that allows
a housing development might destroy or
fragment habitat.
State Laws and Regulations
Approximately 12 percent of
Gunnison’s prairie dog potential habitat
occurs on State and Federal lands
(Seglund et al. 2005, pp. 82).
Gunnison’s prairie dogs are considered
a Species of Greatest Conservation Need
in Arizona, a State Sensitive Species in
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
Utah, and have no special conservation
status in Colorado or New Mexico. All
four States discuss the Gunnison’s
prairie dog in Comprehensive Wildlife
Conservation Strategies (Seglund et al.
2005, p. 55) that confer no regulatory
mechanisms, but assert that the species
is at risk, declining, and deserving of
special management consideration.
In Arizona, all prairie dog species are
classified as nongame mammals, and a
hunting license is required to shoot
them (Underwood 2007, p. 27). In 2001,
the hunting season for Gunnison’s
prairie dogs was changed from yearround to an April 1 to June 15 closure
that applies to Federal, State, and
private lands (Underwood 2007, p. 28).
In Colorado, the Gunnison’s prairie
dog is classified as a small game species,
and take is allowed by rifle, handgun,
shotgun, handheld bow, crossbow,
pellet gun, slingshot, falconry, and
toxicants (CDOW 2007, pp. 41–42). A
small game license is required, with the
exception of private landowners and
their immediate family members or
designees, who may take Gunnison’s
prairie dogs causing damage on their
lands. Shooting on public lands is not
allowed between March 1 and June 14
(no take is permitted in any season on
national wildlife refuges) (CDOW 2007,
pp. 41–42). During the open season, no
bag or possession limits exist; however,
contestants in shooting events may take
no more than five prairie dogs per event
(CDOW 2007, pp. 41–42). No seasonal
shooting closures are in effect on private
or Tribal lands.
In New Mexico, Gunnison’s prairie
dogs may be taken year-round without
a permit by residents; non-residents are
required to obtain a New Mexico
hunting license to shoot prairie dogs
within the State (Seglund et al. 2005,
pp. 31, 32).
In Utah, shooting of Gunnison’s
prairie dogs is prohibited on public
lands from April 1 to June 15, but they
may be taken on private lands yearround; no license is required for
shooting Gunnison’s prairie dogs, and
no bag limit exists (Lupis et al. 2007, pp.
18–19).
Access and permission to hunt on
private and Tribal lands are limited as
a result of various trespass laws. All
States that provide habitat for
Gunnison’s prairie dogs allow their
removal for agricultural, human health,
and safety purposes (Seglund et al.
2005, p. 46).
The States within the range of the
Gunnison’s prairie dog developed a
Rangewide Conservation Strategy that
provides guidance regarding specific
activities to include in individual State
plans for prairie dog conservation and
E:\FR\FM\05FEP1.SGM
05FEP1
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
management (Seglund et al. 2005, p.
55). All of the States with Gunnison’s
prairie dog habitat are in the process of
developing State Conservation Plans.
The four plans are in different phases of
development but are scheduled for
completion by March 2008. The four
States have agreed on a monitoring
strategy to determine population trends
of Gunnison’s prairie dog across their
range (Van Pelt 2007, p. 2).
Within Colorado, in the montane
portion of the species’ range, CDOW has
designated individual population areas
to identify where Gunnison’s prairie
dogs exist and where management
activities should be focused. This
portion of the species’ range is
comprised of the Gunnison, San Luis
Valley, South Park, and Southeast
population areas.
The Gunnison population area is
approximately 68 percent Federal, and 2
percent State, 30 percent private
ownership (CDOW 2007, p. 2). The San
Luis Valley population area is
approximately 40 percent Federal, 6
percent State, and 54 percent private
ownership (CDOW 2007, p. 2). The
South Park and Southeast population
areas are 34 percent Federal, 7 percent
State, and 59 percent private ownership.
The large percentage of private lands,
where minimal regulatory mechanisms
exist, appears to compound the effects
of shooting and poisoning in this
montane portion of the species’ range
that is already at lower occupancy than
the prairie portion of the species,
especially in conjunction with plague
for which there are no regulatory or
protective mechanisms.
rmajette on PROD1PC64 with PROPOSALS
United States Federal Laws and
Regulations
Federal agencies are responsible for
managing approximately 17 percent of
Gunnison’s prairie dog habitat. The
primary Federal agency managing
Gunnison’s prairie dog habitat is BLM
(12 percent); the USFS (4.3 percent),
National Park Service (0.5 percent),
Department of Defense (0.4 percent),
and the Service (0.1 percent) also
contribute to management of the
species.
Bureau of Land Management
The Federal Land Policy and
Management Act of 1976 (FLPMA) (43
U.S.C. 1701 et seq.) is the primary
Federal law governing most land uses
on BLM lands. Section 102(a)(8) of
FLPMA specifically recognizes wildlife
and fish resources as being among the
uses for which these lands are to be
managed. BLM must consider the needs
of wildlife, including general
considerations of Gunnison’s prairie
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
dogs, when conducting activities in
their habitat.
The Gunnison’s prairie dog is
designated by BLM as a sensitive
species in Utah only; therefore, they are
not required to provide special
protections and mitigation during
project and activity planning in
Arizona, Colorado, or New Mexico.
BLM’s Resource Management Plans
(RMPs) are the basis for all of its actions
and authorizations involving BLMadministered lands and resources. They
establish allowable resource uses;
resource condition, goals and objectives
to be attained; program constraints and
general management practices needed to
attain the goals and objectives; general
implementation sequences; and
intervals and standards for monitoring
and evaluating the plan to determine its
effectiveness and the need for
amendment or revision (43 CFR 1601.0–
5(k)).
RMPs provide a framework and
programmatic guidance for site-specific
activity plans. Site-specific plans
address livestock grazing, oil and gas
field development, travel management,
wildlife habitat management, and other
activities. Activity plan decisions
normally require National
Environmental Policy Act (NEPA) (42
U.S.C. 4321 et seq.) analysis.
The BLM has regulatory authority for
oil and gas leasing and operating, as
provided at 43 CFR 3100 et seq. BLM
usually incorporates stipulations as a
condition of issuing a lease. The BLM’s
planning handbook has programspecific guidance for fluid minerals
(which include oil and gas) that
specifies that RMP decision-makers will
consider restrictions on areas subject to
leasing, including closures, and lease
stipulations (BLM 2000, Appendix C, p.
6). The handbook also specifies that all
stipulations must have waiver,
exception, or modification criteria
documented in the plan, and indicates
that the least restrictive constraint to
meet the resource protection objective
should be used (BLM 2000, Appendix C,
p. 6). The BLM has regulatory authority
to condition drilling permits to include
prairie dog conservation stipulations
(BLM 2004, pp. 3–60). Some oil and gas
leases have a 0.12-mi (0.19-km)
stipulation, which allows movement of
the drilling area by that distance (BLM
2004). We do not have data to evaluate
the effectiveness of BLM’s program on
prairie dog conservation.
U.S. Forest Service
The Gunnison prairie dog is a USFS
Sensitive Species in New Mexico and
Colorado, where it is considered to be
imperiled (USFS 2007, line 135) based
PO 00000
Frm 00056
Fmt 4702
Sfmt 4702
6673
on NatureServe rankings (USFS 2004,
pp. 60, 64). Management of Federal
activities on National Forest System
lands is guided principally by the
National Forest Management Act
(NFMA) (16 U.S.C. 1600–1614, August
17, 1974, as amended). The NFMA
specifies that all national forests and
grasslands must have a Land and
Resource Management Plan (LRMP) (16
U.S.C. 1600) to guide and set standards
for natural resource management
activities. The NFMA requires the USFS
to incorporate standards and guidelines
into LRMPs (16 U.S.C. 1600). This has
historically been done through a NEPA
process. Provisions to manage plant and
animal communities for diversity, based
on the suitability and capability of a
specific land area, are developed in
order to meet overall multiple-use
objectives.
The 1982 NFMA implementing
regulation for land and resource
management planning (1982 rule, 36
CFR 219), under which all existing
forest plans were prepared, requires the
USFS to manage habitat to maintain
viable populations of existing native
vertebrate species on National Forest
System lands (1982 rule, 36 CFR
219.19). A new USFS planning
regulation was promulgated on January
5, 2005 (70 FR 1023), and supersedes
the 1982 rule. Plans developed under
the new regulation are to be more
strategic and less prescriptive in nature
than those developed under the 1982
planning rule. For example, previous
plans might have included a buffer for
activities near the nest sites of birds
sensitive to disturbance. Under the new
regulation, a desired condition
description and guidelines will be
provided, rather than a set of
prescriptive standards that apply to
projects. Planning, and decisions for
projects and activities, will address sitespecific conditions and identify
appropriate conservation measures to
take for each project or activity.
However, this planning regulation was
struck down by the U.S. District Court
for the Northern District of California on
March 30, 2007, and is not currently in
use by the USFS. We are uncertain
which direction the USFS is
implementing for the Gunnison’s prairie
dog, or whether Gunnison’s prairie dog
habitat objectives and conservation
measures have been incorporated into
grazing allotment plans or LRMPs.
Summary of Factor D
On a basis on a review of the available
existing information, it does not appear
that the inadequacy of existing
regulatory mechanisms is a significant
threat to the Gunnison’s prairie dog.
E:\FR\FM\05FEP1.SGM
05FEP1
6674
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
rmajette on PROD1PC64 with PROPOSALS
However, the percentage of private
lands within the montane portion of the
species’ range results in a paucity of
regulatory mechanisms that potentially
result in increased shooting and
poisoning, which exacerbate the effects
of plague in that portion of its range. At
this time, no regulatory mechanisms
exist to mitigate the effects of plague.
shift in range for many species (IPCC
2007, pp. 2–5); the higher elevation
montane habitat could be essential to
future conservation of the Gunnison’s
prairie dog. We have no knowledge of
more detailed climate change
information specifically for this
montane portion of the Gunnison’s
prairie dog range.
E. Other Natural or Manmade Factors
Poisoning of Gunnison’s prairie dogs
has historically been documented
throughout the species’ range, but no
evidence indicates that poisoning
currently occurs on a broad scale. The
WAFWA Gunnison’s Prairie Dog
Conservation Assessment summarizes
poisoning campaigns in the four States
(Seglund et al. 2005, pp. 56–57). From
1914 to 1964, 2,310,203 ac (934,906 ha)
of Gunnison’s prairie dog habitat were
poisoned in Arizona; 23,178,959 ac
(9,380,192 ha) of habitat were poisoned
in Colorado; 20,501,301 ac (8,296,582
ha) of habitat were poisoned in New
Mexico; and 2,715,930 ac (1,099,098 ha)
of habitat were poisoned in Utah. On
public lands, poisoning efforts have led
to a reduction in occupied habitat,
extirpation from local areas,
fragmentation, and isolation of colonies.
Poisoning in all States became less
common after Federal regulation of
pesticides was enacted. State and
Federal agencies are rarely involved in
control efforts unless human health and
safety are at risk (Seglund et al. 2005, p.
57). Individual landowners may still
control prairie dogs on their private
property.
No studies indicate that drought has
a negative rangewide effect on
Gunnison’s prairie dogs. Impacts to the
Gunnison’s prairie dog under predicted
future climate change are unclear. A
trend of warming in the mountains of
western North America is expected to
decrease snowpack, hasten spring
runoff, and reduce summer flows (IPCC
2007, p. 10). Increased summer heat
may increase the frequency and
intensity of wildfires (IPCC 2007, p. 14).
Given the different climate variables
between the montane and prairie
geographic areas, populations in prairie
habitat may show evidence of effects
from climate change earlier than those
in montane habitat. While it appears
reasonable to assume that Gunnison’s
prairie dogs may be affected, we lack
sufficient certainty on knowing how
climate change will affect the species, or
the potential changes to the level of
threat posed by plague. The most recent
literature on climate change includes
predictions of hydrologic changes,
higher temperatures, and expansion of
drought areas, resulting in an upward
Summary of Factor E
Although poisoning contributed
historically to large declines in
occupied area of Gunnison’s prairie
dogs, there is no information available
to indicate that poisoning occurs at
more than a localized scale today.
Poisoning could have a negative effect
on small, isolated populations,
particularly in conjunction with disease
and shooting; therefore, poisoning in the
montane area may be more likely to
contribute to the decline of the species
by further fragmenting the small
populations and curtailing
recolonization. No information
currently indicates that drought
negatively affects or is likely to affect
the Gunnison’s prairie dog throughout
its range, or that climate change will
affect the species within the foreseeable
future. While poisoning of Gunnison’s
prairie dogs and the effects of climate
change in the montane portion of the
range are issues important to monitor,
we conclude that no other natural or
manmade factors are a significant threat
to this species, at this time, throughout
all or a significant portion of its range.
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
Foreseeable Future
When determining whether a species
is in danger of extinction throughout all
or a significant portion of its range, or
is likely to become in danger of
extinction in the foreseeable future, we
must define that foreseeable future for
the species. We do this on a case-bycase basis, taking into account a variety
of species-specific factors such as
lifespan, genetics, breeding behavior,
demography, threat-projection
timeframes, and environmental
variability. For the purposes of this
finding, we define foreseeable future
based on a threat-projection timeframe,
because plague is likely to be the single
greatest factor contributing to the
species’ future conservation status, as
explained below.
Life history characteristics are of
secondary relevance to Gunnison’s
prairie dog foreseeable future.
Gunnison’s prairie dogs breed once per
year and produce an average litter size
of 3.77. They can become sexually
mature at 1 year of age, but survivorship
is less than 60 percent during their first
year (Seglund et al. 2005, p. 15). These
PO 00000
Frm 00057
Fmt 4702
Sfmt 4702
characteristics are relevant to the
species’ ability to sustain stable
populations in the presence of ongoing,
low intensity threats such as predation,
poisoning, and shooting. However, we
find that the ability of populations to
recover from plague epizootics is more
relevant to the foreseeable future of the
species.
As described under Factor C above,
prairie dog populations can experience
mortality rates of greater than 99 percent
during plague epizootics and can be
eradicated within one season due to
plague. Recovery rates, which are key to
population survival, depend on several
factors, including susceptibility to
plague, frequency of plague outbreaks,
habitat quality, and distance to other
colonies available for recolonization.
Current data frame our analysis and
help us understand what factors can
reasonably be anticipated to
meaningfully affect the species’ future
conservation status. We have
documented that Gunnison’s prairie dog
occupancy varies significantly across its
range, that susceptibility to extirpation
by plague is greater in the montane
portion of the species’ range, and that
metapopulation structure does not exist
and recolonization is nearly nonexistent
in the montane portion of the range.
While we have data indicating that
Gunnison’s prairie dog numbers and
populations have decreased, we
currently have no data on which to base
rates of decline in any portion of that
range, which hinders our ability to
determine the foreseeable future for the
species. We must estimate the
foreseeable future of the Gunnison’s
prairie dog based on current occupancy
and our knowledge of the magnitude of
the threat of plague. Plague has been
shown to nearly extirpate entire
population areas over a span of 3 to 10
years (such as South Park and San Luis
Valley in Colorado and Moreno Valley
in New Mexico) (Fitzgerald 1993;
CDOW 2007; Cully et al. 1997) and can
extirpate small populations in 1 to 2
years (Fitzgerald 1970; Lechleitner et al.
1962; Turner 2001).
Plague has been present within the
range of the Gunnison’s prairie dog for
70 years (Eskey and Haas 1940, p. 6) and
will likely continue to exist within the
range in perpetuity, because it remains
widespread and strongly entrenched
among wild rodent populations in the
western United States (Barnes 1993, p.
31). Current information suggests that
Gunnison’s prairie dog has not
developed sufficient immunity to
reduce the effects of plague; we
anticipate it will not develop such
immunity within the foreseeable future.
Few records document Gunnison’s
E:\FR\FM\05FEP1.SGM
05FEP1
rmajette on PROD1PC64 with PROPOSALS
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
prairie dog individuals with plague
antibody titers (Cully et al. 1997, p. 717;
Cully and Williams 2001, p. 898).
Individual prairie dogs in the Aubrey
Valley of Arizona had antigens that
provided an immune response similar to
that expected if they had been
vaccinated; however, the mechanism is
unknown—that is, we do not know
whether the response is a result of
exposure to plague or is innate (Wagner
and Van Andel 2007, p. 2), and we do
not know if the number of individual
prairie dogs that have antigens are
enough to protect whole colonies. We
have no documented records of
resistance being passed to offspring.
More studies and testing need to be
conducted on a plague vaccine that has
had limited success in laboratory
experiments on black-tailed prairie
dogs; individual black-tailed prairie
dogs have developed antigens to plague
in response to the vaccine. The vaccine
has not yet been tested on Gunnison’s
prairie dogs, and even if we had an
effective vaccine, we currently have no
method of applying it to prairie dog
populations.
We do not have sufficient
information, such as trend data, on the
trajectory of plague to develop a precise
definition of foreseeable future. In the
70 years plague has been present in
Gunnison’s prairie dog habitat: (1)
Populations in the montane portion of
the range have become isolated and no
longer comprise a metapopulation
structure; and (2) populations in the
prairie portion of the range have
maintained a metapopulation structure,
but occupancy has been reduced by 50
percent or more. The trajectory of
plague effects is difficult to assess,
because, as populations are reduced in
size or extirpated, the effects of plague
multiply at a faster rate. Using the best
available information, we find that, if
occupied habitat within the prairie
portion of the range was reduced by at
least 50 percent in 70 years, the species
could be facing significant effects within
a much shorter timeframe than another
70 years. Our best estimate at this time
is that within half that time, another 35
years or fewer, plague may eliminate the
metapopulation structure remaining
within the prairie portion of the range.
Therefore, we find that the foreseeable
future of the Gunnison’s prairie dog is
35 years. It is possible that Gunnison’s
prairie dogs may develop immunity to
plague, or to rebound in numbers that
enable it to withstand cyclic outbreaks
of the disease, making the trajectory of
plague longer than 35 years. It is also
possible that plague will continue on a
more rapid trajectory that extirpates
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
populations at a rate we can’t anticipate.
However, we find that an estimate of 35
years as the foreseeable future of the
Gunnison’s prairie dog is reasonable,
because it focuses this status review on
the known effects from plague, and our
best assessment that prairie dogs will
not soon develop immunity to the
disease. We know of no other species
that have developed an immunity to
plague.
Based on currently available data on
the continued presence of plague and its
effects, we have determined that the
species, rangewide, is not likely to
become endangered within the
foreseeable future, which we have
determined to be the year 2043.
However, while some populations in the
montane portion of the range have so far
persisted, their long-term viability is
compromised by the lack of
metapopulation structure. In the prairie
portion of the range, the many more
populations and the metapopulation
structure that enable recolonization after
plague epizootics, continue to persist,
and in our judgment, will continue to
persist into the foreseeable future.
Significant Portion of the Range
Analysis
As required by the Act, we considered
the five potential threat factors to assess
whether the Gunnison’s prairie dog is
threatened or endangered throughout all
or a significant portion of its range.
When considering the listing status of
the species, the first step in the analysis
is to determine whether the species is in
danger of extinction throughout all of its
range. If this is the case, then we list the
species in its entirety. For instance, if
the threats to a species are directly
acting on only a portion of its range, but
they are at such a large scale that they
place the entire species in danger of
extinction, we would list the entire
species.
We next consider whether any
significant portion of the Gunnison’s
prairie dog range meets the definition of
endangered or is likely to become
endangered in the foreseeable future
(threatened). On March 16, 2007, a
formal opinion was issued by the
Solicitor of the Department of the
Interior, ‘‘The Meaning of ‘In Danger of
Extinction Throughout All or a
Significant Portion of Its Range’ ’’ (DOI
2007). A portion of a species’ range is
significant if it is part of the current
range of the species and is important to
the conservation of the species because
it contributes meaningfully to the
representation, resiliency, or
redundancy of the species. The
contribution must be at a level such that
PO 00000
Frm 00058
Fmt 4702
Sfmt 4702
6675
its loss would result in a decrease in the
ability of the species to persist.
The first step in determining whether
a species is threatened or endangered in
a significant portion of its range is to
identify any portions of the range of the
species that warrant further
consideration. The range of a species
can theoretically be divided into
portions in an infinite number of ways.
To identify portions that warrant further
consideration, we determine whether
there is substantial information
indicating that (1) the portions may be
significant, and (2) the species may be
in danger of extinction there or likely to
become so within the foreseeable future.
In practice, a key part of this analysis is
whether the threats are geographically
concentrated in some way. If the threats
to the species are essentially uniform
throughout its range, no portion is likely
to warrant further consideration.
Moreover, if any concentration of
threats applies only to portions of the
range that are unimportant to the
conservation of the species, such
portions will not warrant further
consideration.
If we identify any portions that
warrant further consideration, we then
determine whether the species is
threatened or endangered in any
significant portion. If we determine that
a portion of the range is not significant,
we do not determine whether the
species is threatened or endangered
there.
The terms ‘‘resiliency,’’
‘‘redundancy,’’ and ‘‘representation’’ are
intended to be indicators of the
conservation value of portions of the
range. Resiliency of a species allows it
to recover from periodic disturbances. A
species will likely be more resilient if
large populations exist in high-quality
habitat that is distributed throughout its
range in a way that captures the
environmental variability available. A
portion of the range of a species may
make a meaningful contribution to the
resiliency of the species if the area is
relatively large and contains particularly
high-quality habitat, or if its location or
characteristics make it less susceptible
to certain threats than other portions of
the range. When evaluating whether or
how a portion of the range contributes
to resiliency of the species, we evaluate
the historical value of the portion and
how frequently the portion is used by
the species, if possible. The range
portion may contribute to resiliency for
other reasons; for instance, it may
contain an important concentration of
certain types of habitat that are
necessary for the species to carry out its
life-history functions, such as breeding,
E:\FR\FM\05FEP1.SGM
05FEP1
6676
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
feeding, migration, dispersal, or
wintering.
Redundancy of populations may be
needed to provide a margin of safety for
the species to withstand catastrophic
events. This concept does not mean that
any portion that provides redundancy is
per se a significant portion of the range
of a species. The idea is to conserve
enough areas of the range so that
random perturbations in the system
only act on a few populations.
Therefore, we examine each area based
on whether that area provides an
increment of redundancy that is
important to the conservation of the
species.
Adequate representation ensures that
the species’ adaptive capabilities are
conserved. Specifically, we evaluate a
range portion to see how it contributes
to the genetic diversity of the species.
The loss of genetically based diversity
may substantially reduce the ability of
the species to respond and adapt to
future environmental changes. A
peripheral population may contribute
meaningfully to representation if there
is evidence that it provides genetic
diversity due to its location on the
margin of the species’ habitat
requirements.
Based on the discussion above, we
identified the montane portion of the
current range of the Gunnison’s prairie
dog as warranting further consideration
to determine if it is a significant portion
of the range that is threatened or
endangered. This portion of the range in
central and south-central Colorado, and
north-central New Mexico, constitutes
approximately 40 percent of the current
overall range.
rmajette on PROD1PC64 with PROPOSALS
Defining Portions of the Range
In defining the portion of the current
range that we considered further, we
relied on range maps produced by
mammalogists and geneticists that
delineate the boundaries of the montane
and prairie portions of the Gunnison’s
prairie dog’s range. We believe the
threats to the species are significantly
different in the two range portions. The
geography of each area differs
significantly, affecting the ability of the
prairie dog to respond to threats.
Unpublished genetic analysis shows
differences in Gunnison’s prairie dogs
between the two areas (Hafner et al.
2005, p. 2). This analysis is not yet
complete enough to definitively indicate
that two separate subspecies exist;
however, along with subspecies
delineation, the data also point to
possible differences in Gunnison’s
prairie dog adaptations due to physical
geography.
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
We assessed whether we should
consider smaller geographic units, such
as population areas. Given the best
scientific and commercial information
available, we found that individual
population areas did not meaningfully
contribute to the representation,
resiliency, or redundancy of the species.
The scale at which we define the
range of a particular species, that is, at
a relatively coarse or fine scale, depends
on the life history of the species, the
data available, and the purpose for
defining the range.
As with other determinations under
the Act, we define the current range on
the basis of the best available data. The
purpose of defining range (and hence
the significant portion of the range) is to
set the boundaries of the protections of
the Act. Therefore, defining the
boundaries too narrowly may lead to the
failure to protect some Gunnison’s
prairie dogs. We have determined that it
is appropriate to use a relatively coarse
scale to capture all of the areas where
the best available data suggests the
Gunnison’s prairie dog is likely to
occur.
The map boundaries in Figure 1 above
show the Gunnison’s prairie dog range.
Discovery of currently existing
Gunnison’s prairie dog populations
outside these boundaries is unlikely.
The map boundaries show the
significant montane portion, which is
inclusive of all areas likely to support
Gunnison’s prairie dog populations in
the montane habitat.
Significance of the Montane Range
When Gunnison’s prairie dog colonies
are well distributed across their current
range, which currently includes an
estimated 5 percent of the historical
range, they are less susceptible to
extinction than when colonies are
confined to only a portion of their range.
The montane habitat within Gunnison’s
prairie dog range contains populations
significant to the overall viability of the
species, because they represent:
• Approximately 40 percent of the
species’ current habitat;
• Populations in unique, higher
elevation habitat, and adaptations
relevant to this habitat;
• Genetic material substantially
unique within the range of the
Gunnison’s prairie dog (Hafner 2004, p.
6; Hafner et al. 2005, p. 2).
The relatively large proportion of the
entire range represented by the montane
habitat adds a significant number of
Gunnison’s prairie dog populations
widely distributed throughout distinct
geographic areas. Losses of populations
in montane habitat would affect the
representation, resiliency, and
PO 00000
Frm 00059
Fmt 4702
Sfmt 4702
redundancy of the species by increasing
risk of extirpation by a natural or
anthropogenic event, reducing adaptive
characteristics to geographical or
climatic conditions, and reducing
remaining genetic variation.
The most recent literature on climate
change includes predictions of
hydrologic changes, higher
temperatures, and expansion of drought
areas, resulting in an upward shift in
range for many species (IPCC 2007, pp.
2–5); the higher elevation montane
habitat could be essential to future
conservation of the Gunnison’s prairie
dog. These factors lead us to the
conclusion that loss of the Gunnison’s
prairie dog within the montane portion
of its range would reduce the ability of
the species to persist.
Status of Montane Range
If we identify any range portions as
significant, we then determine whether
the species is threatened or endangered
in this significant portion of its range.
Summary of Factors Affecting the
Species Within the Montane Portion of
the Range
We evaluated whether threats to the
Gunnison’s prairie dog may affect its
survival within the montane portion of
its range, separately from the entire
range. Our evaluation of threats within
the montane portion of the range (based
on information provided in the petition,
available in our files, and available in
published and unpublished studies and
reports) is presented below.
A. The Present or Threatened
Destruction, Modification, or
Curtailment of Its Habitat or Range
Conservation principles indicate that
smaller, more isolated populations are
more vulnerable to extirpation (Barnes
1993, p. 34; Cully 1993, p. 43; Fitzgerald
1970, p. 78; Gilpin and Soule 1986, pp.
30–31; Miller et al. 1994, p. 151;
Mulhern and Knowles 1995, p. 21;
Wilcox and Murphy 1985, p. 883;
Wuerthner 1997, p. 464). Lomolino et
al. (2003, p. 116) found that persistence
of Gunnison’s prairie dog colonies
increased significantly with larger
colony size and decreased isolation. The
populations within the montane portion
of the range are smaller and more
isolated. However, we found no studies
or data that specifically assess the
magnitude of the threats related to
agriculture land conversions,
urbanization, grazing, roads, and oil and
gas leasing, and resulting fragmentation
within the montane portion of
Gunnison’s prairie dog habitat.
After assessing the best available
science on the magnitude and extent of
E:\FR\FM\05FEP1.SGM
05FEP1
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
the effects of agricultural land
conversion, urbanization, grazing, roads,
oil and gas development, and
fragmentation of habitat, we find that
the destruction, modification, and
curtailment of Gunnison’s prairie dog’s
habitat or range are not significant
threats within the montane portion of
the range. Agriculture, urbanization,
roads, and oil and gas development each
currently affect a small percentage of
Gunnison’s prairie dog habitat. Effects
of livestock grazing, while widespread,
have not resulted in measurable
population declines.
rmajette on PROD1PC64 with PROPOSALS
B. Overutilization for Commercial,
Recreational, Scientific, or Educational
Purposes
We have determined that shooting
continues to be a threat to the
Gunnison’s prairie dog within the
montane portion of its range and
contributes to the decline of the species
when combined with the effects of
disease (see Factor C below). However,
this threat is being monitored and
managed by the States of Colorado and
New Mexico, and modeling results
suggest seasonal shooting closures
implemented in Colorado will likely
reduce population-level losses.
Therefore, we have determined that
overutilization for commercial,
recreational, scientific, or educational
purposes is not a significant threat to
the Gunnison’s prairie dog within the
montane portion of its range.
C. Disease or Predation
Several well-studied colonies within
the montane portion of the Gunnison’s
prairie dog range have been documented
as being extirpated, or nearly so, due to
plague. The South Park, Colorado,
population area included estimated
occupied habitat of 915,000 ac (371,000
ha) in 1945; 74,000 ac (30,000 ha) in
1948; and 42 ac (17 ha) in 2002 (CDOW
2007). This decline was largely due to
plague and affected a substantial portion
of the species’ extant occupied habitat
in Colorado (at least 15 percent). Plague
resulted in the complete loss, over a 2year period, of a colony within the
South Park population area (Fitzgerald
1970, pp. 68–69). A plague event in
Saguache County, Colorado, that
progressed across seven colonies in 2
years left only scattered individuals
surviving in two colonies (Lechleitner et
al. 1968, p. 734). In Gunnison,
Saguache, and Montrose Counties,
Colorado, plague also was responsible
for a decline from 15,569 ac (6,228 ha)
of occupied habitat in 1980, to 770 ac
(308 ha) in 2002 (note that Montrose
County is in the Southwest population
area in prairie habitat) (Capodice and
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
Harrell 2003, pp. 5–7). A complete dieoff of a colony due to plague in Chubbs
Park, Chaffee County, Colorado,
occurred in 1959 (Lechleitner et al.
1962, p. 185). In August 1958, the
population was stable and healthy, but
in 1959 an epizootic spread 2 mi (3 km)
within 3 months; prairie dogs continued
to be absent from the area in 1960 and
1961, and we have no recent
information on the existence of prairie
dogs in that location.
Approximately 1,000 to 1,500
Gunnison’s prairie dogs were killed by
an outbreak of plague in a 148–ac (60–
ha) colony in Curecanti National
Recreation Area near Gunnison,
Colorado, in 1981 (Rayor 1985, p. 194).
A few animals survived the disease and
Gunnison’s prairie dogs were again
abundant in the area in 1986 (Cully
1989, p. 49). In 2002, 252 ac (102 ha) of
habitat in the Recreation Area were
occupied by Gunnison’s prairie dog
colonies (Capodice and Harrell 2003, p.
23), but the current estimate is 12 ac (4.8
ha) (Childers 2007, p. 2). Colonies
within the Recreation Area experienced
six plague epidemics between 1971 and
2007. Of the 9 historic Gunnison’s
prairie dog colonies, 3 are currently
active, and 2 act as source populations
for the main prairie dog concentration
area (Childers 2007, p. 1). If the source
colonies die off due to plague,
repopulation may not be possible
because any other Gunnison’s prairie
dog populations remaining will be
separated by distance (more than 6 mi
(10 km)) and impassable geographical
features such as rivers and mountains
(Lomolino et al. 2003, p. 116).
Recently, plague has been implicated
in the loss of several large colonies on
BLM land within the Gunnison,
Colorado, population area (CDOW 2007,
p. 4). A large colony southeast of
Gunnison that was very active in 2005
was totally devoid of prairie dogs in
2006 and 2007. Four other large
colonies in the same vicinity were
active in 2006, but by 2007, no prairie
dog activity was observed. Plague is the
suspected cause of these extirpations
because of the complete elimination of
the prairie dogs with no sign of
poisoning (CDOW 2007, p. 4).
Fitzgerald (1993, p. 52) expressed
concern about the status of the
Gunnison’s prairie dog in Colorado,
indicating that plague had eliminated
many populations, including almost all
of the populations in South Park. He
also suggested that populations
appeared to be in poor condition in the
San Luis Valley and were extirpated
from the extreme upper Arkansas River
Valley, as well as Jefferson, Douglas,
and Lake Counties. These areas
PO 00000
Frm 00060
Fmt 4702
Sfmt 4702
6677
comprise most of the Gunnison’s prairie
dog montane habitat in Colorado.
From 1984 through 1987, a plague
event reduced the population of
Gunnison’s prairie dogs in the Moreno
Valley of New Mexico from more than
100,000 individuals to between 250 and
500, a decline of greater than 99 percent
(Cully et al. 1997, pp. 708–711).
Although the remaining population
rebounded (increased in size to a certain
extent) following the epizootic, another
plague event swept through the area in
1988, and the population in July 1996
was still only a small fraction of what
it had been in 1984 (Cully et al. 1997,
p. 717).
Occupancy modeling performed for
Colorado in 2005 indicated a lower
proportion of occupancy in the montane
portion of the species’ range within
Colorado (3.2 percent) than in the
prairie portion within Colorado (16.0
percent) (Andelt et al. 2006, p. 17;
CDOW 2007, p. 19). When the study
was repeated over the same plots in
2007, occupancy was again found to be
lower (3.6 percent) in the montane range
portion in Colorado than in the
southwestern portion (18.3 percent)
(CDOW 2007, p. 19). The only recent
threat responsible for whole population
declines and extirpations, as
documented in the studies cited in this
section, is plague.
The frequency of plague epizootics
appears to be high in montane habitat
due to moister environmental
conditions that are conducive to greater
flea densities. The impact of plague
epizootics in montane habitat is great
because the small, isolated populations
cannot recolonize. Within the South
Park, Gunnison, and Southeast montane
population areas in Colorado, no prairie
dog complexes of appreciable size exist,
and only a few small complexes exist
within the San Luis Valley population
area (CDOW 2007, pp. 1–17). Without a
metapopulation structure, an overall
decline in persistence takes place
(Lomolino and Smith 2001, p. 942).
The landscape status in the montane
portion of Gunnison’s prairie dog range
is characterized by fewer, smaller
colonies that are isolated, and few to no
complexes or metapopulation structure.
These factors make the prairie dogs in
this habitat highly susceptible to plaguerelated declines, and we have no
evidence of recovery from plague in the
montane habitat area.
The studies cited above document the
serious impact that plague has on
Gunnison’s prairie dogs within the
montane portion of the range. Although
plague antibody titers have been found
in a few individuals, periodic epizootic
plague events generally kill more than
E:\FR\FM\05FEP1.SGM
05FEP1
rmajette on PROD1PC64 with PROPOSALS
6678
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
99 percent of an affected population.
Whether individual populations recover
from these epizootics depends on two
main factors: (1) The availability of
other source populations to recolonize
an area; and (2) the frequency of
epizootic outbreaks, which can reduce
population numbers more quickly than
individual prairie dogs from
neighboring colonies can recolonize.
Populations in the more mesic
montane areas of Gunnison’s prairie dog
range appear to have been widely and
severely affected by plague. This may be
partly due to climatic conditions, such
as higher levels of spring moisture,
which has been shown to increase flea
numbers, and in turn, plague outbreaks.
Isolation of prairie dog populations does
not seem to protect them from the
spread of plague, because it appears that
plague exists with all parts of the range
at some level and can be spread by
wider-ranging animals. The case studies
cited in this section indicate that large
populations have been repeatedly
affected by plague and have shown no
substantial recovery over long periods of
time—decades in some cases. This has
left smaller, more scattered populations
throughout the montane range portion,
with the result that areas affected by
plague are less likely to be recolonized
by nearby populations. While little
information is currently available on
prairie dog movement within this
montane habitat, its geography
(populations are located in valleys
between mountainous areas) probably
impedes the ability of prairie dogs to
recolonize populations. Within this
geographic area, CDOW found slightly
more than 3 percent occupancy of
surveyed plots (CDOW 2007, p.19).
Populations within montane habitat
have three distinct disadvantages in
resisting the effects of plague:
(1) A higher frequency of epizootics
due to the moister montane climate that
is conducive to higher abundance of
fleas that spread plague;
(2) smaller populations that cannot
recover in numbers from plague
epizootics; and
(3) isolated populations and no
metapopulation structure, due to
reduced population sizes from past
plague epizootics and montane
geography, and therefore a significantly
limited ability to recolonize.
After assessing the best available
science on the magnitude and extent of
the effects of plague, we find that plague
is significantly impacting the species in
the montane portion of its range.
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
D. Inadequacy of Existing Regulatory
Mechanisms
On the basis on a review of the
available existing information, it does
not appear that the inadequacy of
existing regulatory mechanisms is a
significant threat to the Gunnison’s
prairie dog. However, the percentage of
private lands within the montane
portion of the species’ range results in
a paucity of regulatory mechanisms that
potentially result in increased shooting
and poisoning, which exacerbate the
effects of plague in that portion of its
range. At this time, no regulatory
mechanisms exist to mitigate the effects
of plague.
E. Other Natural or Manmade Factors
Poisoning could have a negative effect
on small, isolated populations,
particularly in conjunction with disease
and shooting; therefore, poisoning in the
montane area may be more likely to
contribute to the decline of the species
by further fragmenting the small
populations and curtailing
recolonization. However, while
poisoning bears monitoring, at this time,
we conclude that it is not significantly
affecting the populations within this
portion of the range. No information
currently indicates that drought
negatively affects, or is likely to affect,
the Gunnison’s prairie dog within the
montane portion of its range, or that
climate change will affect the species
within the foreseeable future; however,
various scenarios are plausible. We
conclude that no other natural or
manmade factors are a significant threat
to this species, at this time, throughout
the montane portion of its range.
Finding
The information summarized in this
status review includes substantial
information that was not available at the
time of the 90-day petition finding (71
FR 6241, February 7, 2006) and other
information we received during the
public comment period following the
publication of the 90-day finding. This
12-month finding reflects and
incorporates information we received
during the public comment period or
obtained through consultation, literature
research, and field visits, and responds
to significant issues identified. We
determined that the Gunnison’s prairie
dog does not meet the definition of
threatened or endangered throughout its
entire range, because, within
approximately 60 percent of its range
(the prairie habitat in the southwestern
portion of its range), the threats
(primarily plague) are not of a
magnitude that currently puts the
PO 00000
Frm 00061
Fmt 4702
Sfmt 4702
species in danger of extinction
(endangered), or makes it likely to
become endangered within the
foreseeable future (threatened).
However, we determined that the
Gunnison’s prairie dog is warranted for
listing within the montane portion of its
range (approximately 40 percent of the
species total range).
The determination of a finding of
threatened or endangered involves
weighing the magnitude and immediacy
of the threats. The cumulative
magnitude of threats within the
montane portion of the range is high.
Immediacy of threats varies
geographically across the montane
range, but is high in areas of the
montane habitat where populations
have already been extirpated, primarily
the South Park and Southeast
population areas.
Within the prairie portion of the
Gunnison’s prairie dog’s range, colonies
are subject to the same threats, but at a
different magnitude. Plague has the
same potential to reduce population size
significantly there as in montane
habitat, but due to more open
geography, an existing metapopulation
structure, larger population sizes, and
proximity of other colonies,
recolonization has been observed. The
ability of populations to recolonize
relatively quickly enables them to
recover more fully between plague
enzootics. Ability to recolonize in
prairie habitat also enables Gunnison’s
prairie dog populations to recover from
poisoning and shooting, which act to
exacerbate the more significant threat
from plague. The species’ status in this
portion of the range is characterized by
a metapopulation structure, and larger
colonies and complexes that are better
able to recover from plague epidemics,
to be recolonized after plague
epizootics, and even to colonize new
areas.
We determined that the Gunnison’s
prairie dog is warranted for listing
within the montane portion of its range
(approximately 40 percent of the species
total range). We find that threats,
primarily plague, exist in the montane
portion of their range at a magnitude
that make the species likely to become
threatened or endangered within the
foreseeable future, which we have
determined to be the year 2043. We
determined that Gunnison’s prairie dog
populations within the prairie portion
of the range continue to be viable due
to the functioning metapopulation
structure and the apparent resistance to
plague epizootics within the Aubrey
Valley, Arizona, complex. Therefore, we
find that the Gunnison’s prairie dog
does not warrant listing throughout its
E:\FR\FM\05FEP1.SGM
05FEP1
rmajette on PROD1PC64 with PROPOSALS
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
entire range, but that populations within
the montane portion of its range are
significant to the continued existence of
the species and warrants listing in that
portion only (see discussion under
Significant Portion of the Range
Analysis). However, listing the montane
Gunnison’s prairie dog is warranted but
precluded at this time by pending
proposals for other species with higher
listing priorities based on taxonomic
uniqueness (the only species described
for the genus), or other species that are
not currently listed (see discussion
under Preclusion and Expeditious
Progress).
If future genetic analyses or
taxonomic studies indicate conclusively
that two subspecies of Gunnison’s
prairie dogs exist, this would affect our
proposed listing. Instead of defining the
montane habitat as a significant portion
of the range, we would propose listing
the subspecies that exists in that habitat.
Sylvatic plague is the only significant
factor affecting the future conservation
status of the species. Within the
montane portion of the species’ range,
the threat of plague has greater
magnitude, and colony recovery from
plague is slow or nonexistent.
Distributional data indicate that the
species’ status in this portion of its
range is characterized by lower
occupancy, smaller colony sizes, and
fragmented and isolated colonies that
impede recovery and persistence of
populations. Reliable data regarding the
status of the Gunnison’s prairie dog are
predominantly in the form of percent
occupancy studies, which indicate
significantly lower occupancy in
montane habitat (for Colorado,
approximately 3.6 percent versus 18.3
percent in prairie habitat). For example,
the South Park population area, which
comprises nearly 15 percent of the
species’ habitat in Colorado, is nearly
devoid of the species. Within the four
montane population areas in Colorado,
prairie dog complexes exist within only
one, and those complexes are few and
small. With little or no metapopulation
structure, an overall decline in
persistence is apparent in the montane
habitat.
Populations within montane habitat
have three distinct disadvantages in
resisting the effects of plague: (1) A
higher frequency of epizootics due to
the moister montane climate that is
conducive to higher abundance of fleas
that spread plague; (2) smaller
populations that cannot recover in
numbers from plague epizootics; and (3)
isolated populations and little or no
metapopulation structure, due to
reduced population sizes from past
plague epizootics and montane
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
geography, and therefore a significantly
limited ability to recolonize.
Some lands within the montane range
supporting the Gunnison’s prairie dog
are controlled by Federal or State
agencies, or have been set aside as open
space by local governments. However, a
greater portion of the montane range is
private land with fewer regulatory
mechanisms in place for conserving
prairie dogs.
We found that poisoning and shooting
are not significant threats rangewide.
While they can have greater impacts on
small populations by compounding the
effects from the primary threat of plague
and further decreasing colony size and
fragmenting and isolating colonies, at
this time poisoning and shooting do not
appear to be occurring at a level that
raises concern above that related to
plague. Cumulative threats do, however,
impede recovery of some populations
and imperil others. Where recovery does
not occur, Gunnison’s prairie dog
populations are likely to remain small,
fragmented, and susceptible to
extirpation.
The following summarizes the key
points leading to our finding:
(1) Historic data indicate a decline
from 24,000,000 ac (9,700,000 ha) of
occupied habitat to between 340,000
and 500,000 ac (136,000 to 200,000 ha).
(2) Recent data indicate that
approximately 3.6 percent of potential
Gunnison’s prairie dog habitat is
occupied in the montane portion of the
range, as compared to 18.3 percent
occupancy in the prairie portion of the
range.
(3) The Gunnison’s prairie dog
occupies two genetically important
areas of its range (prairie and montane
portions). The two portions have
different geographical features and
different responses to plague.
(4) Plague has resulted in large
reductions in prairie dogs and occupied
habitat within both portions of the
range. The prairie portion of the range
is responding to plague by recolonizing
affected populations. Within the
montane portion of the range, the plague
response is more significant (large
population losses, loss of all
metapopulation structure, nearly no
recolonization occurring, and entire
population areas nearly devoid of
prairie dogs).
(5) We determined that the
Gunnison’s prairie dog is warranted for
listing in the montane portion because:
(A) The montane portion of the range
is significant to the species’ viability (it
represents approximately 40 percent of
the species’ habitat; populations are
adapted to unique, montane habitat; and
these animals are genetically unique).
PO 00000
Frm 00062
Fmt 4702
Sfmt 4702
6679
(B) Loss of Gunnison’s prairie dogs in
the montane portion would affect:
(i) resiliency of the species, because
the montane portion represents
approximately 40 percent of the species
range, and the small, isolated
populations are not likely to rebound
after decimation from plague;
(ii) redundancy of the species,
because random perturbations are not
likely to act equally on both the
montane and prairie portions; and
(iii) representation of the species,
because the montane population is
genetically distinct from the prairie
population and the species’ remaining
genetic diversity would be reduced.
(C) The species is warranted for
listing in this portion of the range
because:
(i) Occupancy data (3 percent) is
significantly lower in the montane range
portion.
(ii) The montane portion of the range
no longer has a metapopulation
structure, and populations reduced by
plague have not rebounded;
repopulation from nearby populations
has been curtailed by distance and
geographical barriers.
(iii) The two portions of the range are
separated by mountain ranges that
almost completely limit prairie dog
movement between them.
(iv) Populations within the montane
portion of the range are separated from
each other by four mountain ranges and
several large rivers, which preclude
repopulation after plague epizootics.
(v) Some entire population areas
within montane range are now nearly
devoid of Gunnison’s prairie dogs.
(vi) Plague appears to be more
prevalent in the montane portion of the
range, possibly due to greater flea
populations that thrive in moister
climates.
We determined that the magnitude of
threats affecting the Gunnison’s prairie
dog in the montane portion of its range
is ‘‘high,’’ because plague is
significantly affecting the remaining
small, isolated populations, and plague
epizootics can extirpate populations
there within a short timeframe (3 to 10
years); metapopulation structure in the
prairie portion of the range exists,
facilitating recolonization when
populations are extirpated. We find that
the threat posed by plague is
‘‘imminent’’ because plague epizootics
are known to be occurring and the
effects are measurable. Therefore,
pursuant to our September 21, 1983 (48
FR 43098) Listing and Recovery Priority
Guidelines, we assign a LPN of 2 to this
portion of the species’ range.
We reviewed the available
information to determine if existing and
E:\FR\FM\05FEP1.SGM
05FEP1
6680
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
rmajette on PROD1PC64 with PROPOSALS
foreseeable threats to the Gunnison’s
prairie dog within montane habitat are
of sufficient extent and magnitude to
require emergency listing as threatened
or endangered. We have determined that
an emergency listing is not warranted
for this species at this time, because
populations are currently not threatened
in the prairie portion of the range, and
because emergency listing would not
lessen the effects from plague, which is
the significant threat in the montane
portion of the range.
Preclusion and Expeditious Progress
Preclusion is a function of the listing
priority of a species in relation to the
resources that are available and
competing demands for those resources.
Thus, in any given fiscal year (FY),
multiple factors dictate whether it will
be possible to undertake work on a
proposed listing regulation or whether
promulgation of such a proposal is
warranted but precluded by higherpriority listing actions.
The resources available for listing
actions are determined through the
annual Congressional appropriations
process. The appropriation for the
Listing Program is available to support
work involving the following listing
actions: proposed and final listing rules;
90-day and 12-month findings on
petitions to add species to the Lists of
Endangered and Threatened Wildlife
and Plants or to change the status of a
species from threatened to endangered;
annual determinations on prior
‘‘warranted but precluded’’ petition
findings as required under section
4(b)(3)(C)(i) of the Act; proposed and
final rules designating critical habitat;
and litigation-related, administrative,
and program management functions
(including preparing and allocating
budgets, responding to Congressional
and public inquiries, and conducting
public outreach regarding listing and
critical habitat). The work involved in
preparing various listing documents can
be extensive and may include, but is not
limited to: gathering and assessing the
best scientific and commercial data
available and conducting analyses used
as the basis for our decisions; writing
and publishing documents; and
obtaining, reviewing, and evaluating
public comments and peer review
comments on proposed rules and
incorporating relevant information into
final rules. The number of listing
actions that we can undertake in a given
year also is influenced by the
complexity of those listing actions; that
is, more complex actions generally are
more costly. For example, during the
past several years, the cost (excluding
publication costs) for preparing a 12-
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
month finding, without a proposed rule,
has ranged from approximately $11,000
for one species with a restricted range
and involving a relatively
uncomplicated analysis to $305,000 for
another species that is wide-ranging and
involving a complex analysis.
We cannot spend more than is
appropriated for the Listing Program
without violating the Anti-Deficiency
Act (see 31 U.S.C. 1341(a)(1)(A)). In
addition, in FY 1998 and for each fiscal
year since then, Congress has placed a
statutory cap on funds which may be
expended for the Listing Program, equal
to the amount expressly appropriated
for that purpose in that fiscal year. This
cap was designed to prevent funds
appropriated for other functions under
the Act (for example, recovery funds for
removing species from the Lists), or for
other Service programs, from being used
for Listing Program actions (see House
Report 105–163, 105th Congress, 1st
Session, July 1, 1997).
Recognizing that designation of
critical habitat for species already listed
would consume most of the overall
Listing Program appropriation, Congress
also put a critical habitat subcap in
place in FY 2002 and has retained it
each subsequent year to ensure that
some funds are available for other work
in the Listing Program: ‘‘The critical
habitat designation subcap will ensure
that some funding is available to
address other listing activities’’ (House
Report No. 107–103, 107th Congress, 1st
Session, June 19, 2001). In FY 2002 and
each year until FY 2006, the Service has
had to use virtually the entire critical
habitat subcap to address courtmandated designations of critical
habitat, and consequently none of the
critical habitat subcap funds have been
available for other listing activities. In
FY 2007, we were able to use some of
the critical habitat subcap funds to fund
proposed listing determinations for
high-priority candidate species; we
expect to also be able to do this in FY
2008.
Thus, through the listing cap, the
critical habitat subcap, and the amount
of funds needed to address courtmandated critical habitat designations,
Congress and the courts have in effect
determined the amount of money
available for other listing activities.
Therefore, the funds in the listing cap,
other than those needed to address
court-mandated critical habitat for
already listed species, set the limits on
our determinations of preclusion and
expeditious progress.
Congress also recognized that the
availability of resources was the key
element in deciding whether, when
making a 12-month petition finding, we
PO 00000
Frm 00063
Fmt 4702
Sfmt 4702
would prepare and issue a listing
proposal or make a ‘‘warranted but
precluded’’ finding for a given species.
The Conference Report accompanying
Public Law 97–304, which established
the current statutory deadlines and the
warranted-but-precluded finding, states
(in a discussion on 90-day petition
findings that by its own terms also
covers 12-month findings) that the
deadlines were ‘‘not intended to allow
the Secretary to delay commencing the
rulemaking process for any reason other
than that the existence of pending or
imminent proposals to list species
subject to a greater degree of threat
would make allocation of resources to
such a petition [that is, for a lowerranking species] unwise.’’
In FY 2008, expeditious progress is
that amount of work that can be
achieved with $8,206,940, which is the
amount of money that Congress
appropriated for the Listing Program at
this time (that is, the portion of the
Listing Program funding not related to
critical habitat designations for species
that are already listed). Our process is
to make our determinations of
preclusion on a nationwide basis to
ensure that the species most in need of
listing will be addressed first and also
because we allocate our listing budget
on a nationwide basis. The $8,206,940
for listing activities (that is, the portion
of the Listing Program funding not
related to critical habitat designations
for species that already are listed) will
be used to fund work in the following
categories: compliance with court orders
and court-approved settlement
agreements requiring that petition
findings or listing determinations be
completed by a specific date; section 4
(of the Act) listing actions with absolute
statutory deadlines; essential litigationrelated, administrative, and program
management functions; and highpriority listing actions. The allocations
for each specific listing action are
identified in the Service’s FY 2008 Draft
Allocation Table (part of our
administrative record). We are working
on completing our allocation at this
time. More funds are available in FY
2008 than in previous years to work on
listing actions that are not the subject of
court orders or court-approved
settlement agreements.
Our decision that a proposed rule to
list the montane portion of the
Gunnison’s prairie dog is warranted but
precluded includes consideration of its
listing priority. In accordance with
guidance we published on September
21, 1983, we assign an LPN to each
candidate species (48 FR 43098). Such
a priority ranking guidance system is
required under section 4(h)(3) of the Act
E:\FR\FM\05FEP1.SGM
05FEP1
6681
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
(16 U.S.C. 1533(h)(3)). Using this
guidance, we assign each candidate an
LPN of 1 to 12, depending on the
magnitude of threats (high vs. moderate
to low), immediacy of threats (imminent
or non-imminent), and taxonomic status
of the species, in order of priority
(monotypic genus (a species that is the
sole member of a genus), species,
subspecies, distinct population segment,
or significant portion of the range). The
lower the listing priority number, the
higher the listing priority (that is, a
species with an LPN of 1 would have
the highest listing priority).
We currently have more than 120
species with an LPN of 2. Therefore, we
further rank the candidate species with
an LPN of 2 by using the following
extinction-risk type criteria:
International Union for the
Conservation of Nature and Natural
Resources (IUCN) Red list status/rank,
Heritage rank (provided by
NatureServe), Heritage threat rank
(provided by NatureServe), and species
currently with fewer than 50
individuals, or 4 or fewer populations.
Those species with the highest IUCN
rank (critically endangered), the highest
Heritage rank (G1), the highest Heritage
threat rank (substantial, imminent
threats), and currently with fewer than
50 individuals, or fewer than 4
populations, comprise a list of
approximately 40 candidate species
(‘‘Top 40’’). These 40 candidate species
have the highest priority to receive
funding to work on a proposed listing
determination. To be more efficient in
our listing process, as we work on
proposed rules for these species in the
next several years, we are preparing
multi-species proposals when
appropriate, and these may include
species with lower priority if they
overlap geographically or have the same
threats as a species with an LPN of 2.
In addition, available staff resources are
also a factor in determining highpriority species provided with funding.
Finally, proposed rules for
reclassification of threatened species to
endangered are lower priority, since the
listing of the species already affords the
protection of the Act and implementing
regulations. We assigned the montane
portion of the Gunnison’s prairie dog an
LPN of 5, based on our finding that the
species faces threats of high magnitude
that are not imminent.
As explained above, a determination
that listing is warranted but precluded
must also demonstrate that expeditious
progress is being made to add or remove
qualified species to and from the Lists
of Endangered and Threatened Wildlife
and Plants. (We note that we do not
discuss specific actions taken on
progress towards removing species from
the Lists because that work is conducted
using appropriations for our Recovery
program, a separately budgeted
component of the Endangered Species
Program. As explained above in our
description of the statutory cap on
Listing Program funds, the Recovery
Program funds and actions supported by
them cannot be considered in
determining expeditious progress made
in the Listing Program.) As with our
‘‘precluded’’ finding, expeditious
progress in adding qualified species to
the Lists is a function of the resources
available and the competing demands
for those funds. Our expeditious
progress in FY 2007 in the Listing
Program, up to the date of making this
finding for the Gunnison’s prairie dog,
included preparing and publishing the
following determinations:
FY 2007 COMPLETED LISTING ACTIONS
Publication date
Title
Actions
10/11/2006 .........
Withdrawal of the Proposed Rule To List the Cow Head Tui
Chub (Gila biocolor vaccaceps) as Endangered.
Revised 12-Month Finding for the Beaver Cave Beetle
(Pseudanophthalmus major).
12-Month Finding on a Petition To List the Island Marble Butterfly (Euchloe ausonides insulanus) as Threatened or Endangered.
90-Day Finding for a Petition To List the Kennebec River Population of Anadromous Atlantic Salmon as Part of the Endangered Gulf of Maine Distinct Population Segment.
90-Day Finding on a Petition To List the Columbian SharpTailed Grouse as Threatened or Endangered.
90-Day Finding on a Petition To List the Tricolored Blackbird as
Threatened or Endangered.
12-Month Finding on a Petition To List the Cerulean Warbler
(Dendroica cerulea) as Threatened with Critical Habitat.
90-Day Finding on a Petition To List the Upper Tidal Potomac
River Population of the Northern Water Snake (Nerodia
sipedon) as an Endangered Distinct Population Segment.
90-Day Finding on a Petition To Remove the Uinta Basin
Hookless Cactus From the List of Endangered and Threatened Plants; 90-Day Finding on a Petition To List the
Pariette Cactus as Threatened or Endangered.
Final withdrawal, Threats eliminated.
Notice of 12-month petition
finding, Not warranted.
Notice of 12-month petition
finding, Not warranted.
71 FR 59700–59711
Notice of 90-day petition finding, Substantial.
71 FR 66298–66301
Notice of 90-day petition finding, Not substantial.
Notice of 90-day petition finding, Not substantial.
Notice of 12-month petition
finding, Not warranted.
Notice of 90-day petition finding, Not substantial.
71 FR 67318–67325
10/11/2006 .........
11/14/2006 .........
11/14/2006 .........
11/21/2006 .........
12/5/2006 ...........
12/6/2006 ...........
12/6/2006 ...........
12/14/2006 .........
rmajette on PROD1PC64 with PROPOSALS
12/19/2006 .........
Withdrawal of Proposed Rule To List Penstemon grahamii
(Graham’s beardtongue) as Threatened With Critical Habitat.
12/19/2006 .........
90-Day Finding on Petitions To List the Mono Basin Area Population of the Greater Sage-Grouse as Threatened or Endangered.
12-Month petition finding and Proposed Rule To List the Polar
Bear (Ursus maritimus) as Threatened Throughout Its
Range; Proposed Rule.
1/9/2007 .............
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
PO 00000
Frm 00064
Fmt 4702
Sfmt 4702
FR pages
71 FR 59711–59714
71 FR 66292–66298
71 FR 70483–70492
71 FR 70717–70733
71 FR 70715–70717
Notice of 5-year review, Initiation.
Notice of 90-day petition finding, Not substantial.
Notice of 90-day petition finding, Substantial.
Notice of withdrawal, More
abundant than believed, or
diminished threats.
Notice of 90-day petition finding, Not substantial.
71 FR 75215–75220
Notice of 12-month petition
finding, Warranted.
Proposed Listing, Threatened ..
72 FR 1063–1099
E:\FR\FM\05FEP1.SGM
05FEP1
71 FR 76023–76035
71 FR 76057–76079
6682
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
FY 2007 COMPLETED LISTING ACTIONS—Continued
Publication date
Title
Actions
1/10/2007 ...........
Endangered and Threatened Wildlife and Plants; Clarification of
Significant Portion of the Range for the Contiguous United
States Distinct Population Segment of the Canada Lynx.
Withdrawal of Proposed Rule To List Lepidium papilliferum
(Slickspot Peppergrass).
Clarification of findings .............
72 FR 1186–1189
Notice of withdrawal, More
abundant than believed, or
diminished threats.
Notice of 12-month petition
finding, Not warranted.
Notice of 90-day petition finding, Substantial.
Notice of 90-day petition finding, Not substantial.
Notice of 90-day petition finding, Not substantial.
Notice of 5-year review, Initiation.
Notice of 90-day petition finding, Not substantial.
Notice of 90-day petition finding, Not substantial.
Notice of 90-day petition finding, Substantial.
72 FR 1621–1644
1/12/2007 ...........
2/2/2007 .............
2/13/2007 ...........
2/13/2007 ...........
2/14/2007 ...........
2/21/2007 ...........
3/8/2007 .............
03/29/2007 .........
04/24/2007 .........
05/02/2007 .........
05/22/2007 .........
05/30/2007 .........
06/05/2007 .........
06/06/2007 .........
06/13/2007 .........
06/25/2007 .........
07/05/2007 .........
08/15/2007 .........
08/16/2007 .........
8/28/2007 ...........
9/11/2007 ...........
rmajette on PROD1PC64 with PROPOSALS
9/18/2007 ...........
12-Month Finding on a Petition To List the American Eel as
Threatened or Endangered.
90-Day Finding on a Petition To List the Jollyville Plateau Salamander as Endangered.
90-Day Finding on a Petition To List the San Felipe Gambusia
as Threatened or Endangered.
90-Day Finding on a Petition To List Astragalus debequaeus
(DeBeque milkvetch) as Threatened or Endangered.
90-Day Finding on a Petition To Reclassify the Utah Prairie
Dog From Threatened to Endangered and Initiation of a 5Year Review.
90-Day Finding on a Petition To List the Monongahela River
Basin Population of the Longnose Sucker as Endangered.
90-Day Finding on a Petition To List the Siskiyou Mountains
Salamander and Scott Bar Salamander as Threatened or Endangered.
Revised 12-Month Finding for Upper Missouri River Distinct
Population Segment of Fluvial Arctic Grayling.
12-Month Finding on a Petition To List the Sand Mountain Blue
Butterfly (Euphilotes pallescens ssp. arenamontana) as
Threatened or Endangered with Critical Habitat.
Status of the Rio Grande Cutthroat Trout ...................................
90-Day Finding on a Petition To List the Mt. Charleston Blue
Butterfly as Threatened or Endangered.
12-Month Finding on a Petition To List the Wolverine as
Threatened or Endangered.
90-Day Finding on a Petition To List the Yellow-Billed Loon as
Threatened or Endangered.
12-Month Finding for a Petition To List the Colorado River Cutthroat Trout as Threatened or Endangered.
12-Month Finding on a Petition To List the Sierra Nevada Distinct Population Segment of the Mountain Yellow-Legged
Frog (Rana muscosa).
12-Month Finding on a Petition To List the Casey’s June Beetle
(Dinacoma caseyi) as Endangered With Critical Habitat.
90-Day Finding on a Petition To List the Yellowstone National
Park Bison Herd as Endangered.
90-Day Finding on a Petition To List Astragalus anserinus
(Goose Creek milk-vetch) as Threatened or Endangered.
12-Month Finding on a Petition To List the Gunnison’s Prairie
Dog as Threatened or Endangered.
90-Day Finding on a Petition To List Kenk’s Amphipod, Virginia
Well Amphipod, and the Copepod Acanthocyclops
columbiensis as Endangered.
12-month Finding on a Petition To List Sclerocactus
brevispinus (Pariette cactus) as an Endangered or Threatened Species; Taxonomic Change From Sclerocactus
glaucus to Sclerocactus brevispinus, S. glaucus, and S.
wetlandicus.
In FY 2007, we provided funds to
work on proposed listing
determinations for the following highpriority species: 3 southeastern aquatic
species (Georgia pigtoe, interrupted
rocksnail, and rough hornsnail), 2 Oahu
plants (Doryopteris takeuchii, Melicope
hiiakae), 31 Kauai species (Kauai
creeper, Drosophila attigua, Astelia
waialealae, Canavalia napaliensis,
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
Notice of 12-month petition
finding, Not warranted.
Notice of 12-month petition
finding, Not warranted.
Frm 00065
Fmt 4702
Sfmt 4702
72 FR 4967–4997
72 FR 6699–6703
72 FR 6703–6707
72 FR 6998–7005
72 FR 7843–7852
72 FR 10477–10480
72 FR 14750–14759
72 FR 20305–20314
72 FR 24253–24263
Notice of Review ......................
Notice of 90-day petition finding, Substantial.
Notice of Review ......................
72 FR 28864–28665
72 FR 29933–29941
Notice of 90-day petition finding, Substantial.
Notice of 12-month petition
finding, Not warranted.
Notice of amended 12-month
petition finding, Warranted
but precluded.
Notice of 12-month petition
finding, Warranted but precluded.
Notice of 90-day petition finding, Not substantial.
Notice of 90-day petition finding, Substantial.
Notice of Review ......................
72 FR 31256–31264
72 FR 36635–36646
Notice of 90-day petition finding, Not substantial.
72 FR 51766–51770
Notice of 12-month petition
finding for uplisting, Warranted but precluded.
72 FR 53211–53222
Chamaesyce eleanoriae, Chamaesyce
remyi var. kauaiensis, Chamaesyce
remyi var. remyi, Charpentiera
densiflora, Cyanea eleeleensis, Cyanea
kuhihewa, Cyrtandra oenobarba,
Dubautia imbricata ssp. imbricata,
Dubautia plantaginea ssp. magnifolia,
Dubautia waialealae, Geranium
kauaiense, Keysseria erici, Keysseria
helenae, Labordia helleri, Labordia
PO 00000
FR pages
72 FR 31048–31049
72 FR 32589–32605
72 FR 34657–34661
72 FR 45717–45722
72 FR 46023–46030
72 FR 49245–49246
pumila, Lysimachia daphnoides,
Melicope degeneri, Melicope paniculata,
Melicope puberula, Myrsine mezii,
Pittosporum napaliense, Platydesma
rostrata, Pritchardia hardyi, Psychotria
grandiflora, Psychotria hobdyi,
Schiedea attenuata, Stenogyne kealiae),
4 Hawaiian damselflies (Megalagrion
nesiotes, Megalagrion leptodemas,
Megalagrion oceanicum, Megalagrion
E:\FR\FM\05FEP1.SGM
05FEP1
6683
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
pacificum), and one Hawaiian plant
(Phyllostegia hispida (no common
name)). In FY 2008, we are continuing
to work on these listing proposals (we
are now including an additional 17
species in the Kauai species proposed
listing determination package). In
addition, we are continuing to work on
several other determinations listed
below, which we funded in FY 2007
and are scheduled to complete in FY
2008.
ACTIONS FUNDED IN FY 2007 THAT HAVE YET TO BE COMPLETED
Species
Action
Actions Subject to Court Order/Settlement Agreement
Wolverine ........................................................................................................................................
Western sage grouse ......................................................................................................................
Rio Grande cutthroat trout ..............................................................................................................
12-month petition finding (remand).
90-day petition finding (remand).
Candidate assessment (remand).
Actions with Statutory Deadlines
Polar bear ........................................................................................................................................
Ozark chinquapin ............................................................................................................................
Tucson shovel-nosed snake ...........................................................................................................
Gopher tortoise—Florida population ...............................................................................................
Sacramento valley tiger beetle .......................................................................................................
Eagle lake trout ...............................................................................................................................
Smooth billed ani ............................................................................................................................
Mojave ground squirrel ...................................................................................................................
Gopher Tortoise—eastern population .............................................................................................
Bay Springs salamander .................................................................................................................
Tehachapi slender salamander .......................................................................................................
Coaster brook trout .........................................................................................................................
Mojave fringe-toed lizard .................................................................................................................
Evening primrose ............................................................................................................................
Palm Springs pocket mouse ...........................................................................................................
Northern leopard frog ......................................................................................................................
Shrike, Island loggerhead ...............................................................................................................
Cactus ferruginous pygmy owl ........................................................................................................
Final listing determination.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
Our expeditious progress so far in FY
2008 in the Listing Program, includes
preparing and publishing the following:
FY 2008 COMPLETED LISTING ACTIONS
Publication date
Title
Actions
10/09/2007 .........
90-Day Finding on a Petition to List the Black-Footed Albatross
(Phoebastria nigripes) as Threatened or Endangered.
90-Day Finding on a Petition To List the Giant Palouse Earthworm as Threatened or Endangered.
90-Day Finding on a Petition To List the Mountain Whitefish
(Prosopium williamsoni) in the Big Lost River, ID, as Threatened or Endangered.
90-Day Finding on a Petition To List the Summer-Run Kokanee
Population in Issaquah Creek, WA, as Threatened or Endangered.
Response to Court on Significant Portion of the Range, and
Evaluation of Distinct Population Segments, for the Queen
Charlotte Goshawk.
12-Month Finding on a Petition To List the Jollyville Plateau
salamander (Eurycea tonkawae) as Endangered With Critical
Habitat.
90-Day Finding on a Petition To List the Pygmy Rabbit
(Brachylagus idahoensis) as Threatened or Endangered.
12-Month Finding on a Petition To List the Siskiyou Mountains
Salamander (Plethodon stormi) and Scott Bar Salamander
(Plethodon asupak) as Threatened or Endangered.
Notice of 90-day Petition Finding, Substantial.
Notice of 90-day Petition Finding, Not substantial.
Notice of 90-day Petition Finding, Not substantial.
72 FR 57278–57283
Notice of 90-day Petition Finding, Not substantial.
72 FR 59979–59983
Response to Court ...................
72 FR 63123–63140
Notice of 12-month Petition
Finding, Warranted but Precluded.
Notice of 90-day Petition Finding, Substantial.
Notice of 12-month Petition
Finding, Not Warranted.
72 FR 71039–71054
10/09/2007 .........
10/23/2007 .........
10/23/2007 .........
11/08/2007 .........
12/13/07 .............
1/08/08 ...............
rmajette on PROD1PC64 with PROPOSALS
1/24/2008 ...........
Our expeditious progress also
includes work on listing actions, which
we are funding in FY 2008. These
actions are listed below. We are
conducting work on those actions in the
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
top section of the table under a deadline
set by a court. Actions in the middle
section of the table are being conducted
to meet statutory timelines, that is,
timelines required under the Act.
PO 00000
Frm 00066
Fmt 4702
Sfmt 4702
FR Pages
72 FR 57273–57276
72 FR 59983–59989
73 FR 1312–1313
73 FR 4379–4418
Actions in the bottom section of the
table are high priority listing actions,
which include at least one or more
species with an LPN of 2, available staff
resources, and when appropriate,
E:\FR\FM\05FEP1.SGM
05FEP1
6684
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
species with a lower priority if they
overlap geographically or have the same
threats as the species with the high
priority.
ACTIONS ANTICIPATED TO BE FUNDED IN FY 2008 THAT HAVE YET TO BE COMPLETED
Species
Action
Actions Subject to Court Order/Settlement Agreement
Bonneville cutthroat trout ................................................................................................................
12-month petition finding (remand).
Actions With Statutory Deadlines
Polar bear ........................................................................................................................................
3 Southeastern aquatic species ......................................................................................................
Phyllostegia hispida ........................................................................................................................
Yellow-billed loon ............................................................................................................................
Black-footed albatross .....................................................................................................................
Mount Charleston blue butterfly ......................................................................................................
Goose Creek milk-vetch ..................................................................................................................
White-tailed prairie dog ...................................................................................................................
Mono Basin sage grouse (vol. remand) .........................................................................................
Ashy storm petrel ............................................................................................................................
Longfin smelt—San Fran. Bay population ......................................................................................
Black-tailed prairie dog ...................................................................................................................
Lynx (include New Mexico in listing) ..............................................................................................
Wyoming pocket gopher .................................................................................................................
Llanero coqui ...................................................................................................................................
Least chub .......................................................................................................................................
American pika .................................................................................................................................
Dusky tree vole ...............................................................................................................................
Sacramento Mts. checkerspot butterfly ..........................................................................................
Kokanee—Lake Sammamish population ........................................................................................
206 species .....................................................................................................................................
475 Southwestern species ..............................................................................................................
Final listing determination.
Final listing.
Final listing.
12-month petition finding.
12-month petition finding.
12-month petition finding.
12-month petition finding.
12-month petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
90-day petition finding.
High Priority Listing Actions
31 Kauai species 1 ..........................................................................................................................
8 packages of high-priority candidate species ...............................................................................
1 Funds
used for this listing action were also provided in FY 2007.
We have endeavored to make our
listing actions as efficient and timely as
possible, given the requirements of the
relevant law and regulations, and
constraints relating to workload and
personnel. We are continually
considering ways to streamline
processes or achieve economies of scale,
such as by batching related actions
together. Given our limited budget for
implementing section 4 of the Act, these
actions described above collectively
constitute expeditious progress.
Conclusion
rmajette on PROD1PC64 with PROPOSALS
Proposed listing.
Proposed listing.
We will add the montane portion of
the Gunnison’s prairie dog to the list of
candidate species. We intend any listing
action for the species to be as accurate
as possible by reflecting the best
available information. Therefore, we
will continue to accept additional
information and comments on the status
of and threats to this species from all
concerned governmental agencies, the
scientific community, industry, or any
other interested party concerning this
finding. If an emergency situation
develops that warrants an emergency
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
listing of this species, we will act
immediately to provide additional
protection.
DEPARTMENT OF THE INTERIOR
References
50 CFR Part 17
A complete list of all references cited
herein is available upon request from
the Western Colorado Field Office (see
ADDRESSES).
[FWS–R8–ES–2008–0014; 92210–1117–
0000–B4]
Author
The primary authors of this document
are staff located at the Colorado Field
Office (see ADDRESSES).
The authority for this action is the
Endangered Species Act of 1973, as amended
(16 U.S.C. 1531 et seq.).
Dated: January 29, 2008.
H. Dale Hall,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 08–493 Filed 2–4–08; 8:45 am]
BILLING CODE 4310–55–P
Frm 00067
RIN 1018–AV05
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for the Sierra Nevada Bighorn
Sheep (Ovis canadensis californiana)
and Proposed Taxonomic Revision
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period, notice of availability
of draft economic analysis, and
amended required determinations.
AGENCY:
Authority
PO 00000
Fish and Wildlife Service
Fmt 4702
Sfmt 4702
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
reopening of the public comment period
on the proposed designation of critical
habitat for the Sierra Nevada bighorn
sheep (Ovis canadensis californiana)
and proposed taxonomic revision under
E:\FR\FM\05FEP1.SGM
05FEP1
Agencies
[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Proposed Rules]
[Pages 6660-6684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-493]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R6-ES-2008-0013; 1111 FY07 MO-B2]
Endangered and Threatened Wildlife and Plants; 12-Month Finding
on a Petition To List the Gunnison's Prairie Dog as Threatened or
Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of a 12-month petition finding.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce our
12-month finding on a petition to list the Gunnison's prairie dog
(Cynomys gunnisoni) as an endangered or threatened species under the
Endangered Species Act of 1973, as amended (Act). After a thorough
review of all available scientific and commercial information, we find
that the species is not threatened or endangered throughout all of its
range, but that the portion of the current range of the species located
in central and south-central Colorado and north-central New Mexico (the
northeastern portion of the range) represents a significant portion of
the range where the Gunnison's prairie dog is warranted for listing
under the Act. Currently, listing is precluded by higher priority
actions to amend the Lists of Endangered and Threatened Wildlife and
Plants. We have assigned a listing priority number (LPN) of 2 to this
species, because threats have a high magnitude, and are imminent. We
will develop a proposed rule to list the Gunnison's prairie dog in the
northeastern (montane) portion of its range as our priorities allow.
DATES: This finding was made on February 5, 2008.
ADDRESSES: This finding is available on the Internet at https://
www.regulations.gov and https://www.fws.gov/mountain-prairie/species/
mammals/gunnisonprairiedog. Supporting documentation we used to prepare
this finding is available for public inspection, by appointment, during
normal business hours at the U.S. Fish and Wildlife Service, Western
Colorado Field Office, 764 Horizon Drive, Building B, Grand Junction,
CO 81506-3946; telephone (970) 243-2778; facsimile (970) 245-6933.
Please submit any new information, materials, comments, or questions
concerning this finding to the above address.
[[Page 6661]]
FOR FURTHER INFORMATION CONTACT: Al Pfister, Field Supervisor, U.S.
Fish and Wildlife Service, Western Colorado Field Office (see
ADDRESSES). If you use a telecommunications device for the deaf (TDD),
call the Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(B) of the Act (16 U.S.C. 1531 et seq.), requires
that, for any petition containing substantial scientific and commercial
information that listing may be warranted, we make a finding within 12
months of the date of receipt of the petition on whether the petitioned
action is--(a) not warranted, (b) warranted, or (c) warranted, but that
immediate proposal of a regulation implementing the petitioned action
is precluded by other pending proposals to determine whether species
are threatened or endangered, and whether expeditious progress is being
made to add or remove qualified species from the Lists of Endangered
and Threatened Wildlife and Plants. Section 4(b)(3)(C) of the Act
requires that we treat a petition for which the requested action is
found to be warranted but precluded as though resubmitted on the date
of such finding; that is, requiring a subsequent finding to be made
within 12 months. We must publish these 12-month findings in the
Federal Register.
Previous Federal Actions
On February 23, 2004, we received a petition from Forest Guardians
and 73 other organizations and individuals requesting that the
Gunnison's prairie dog (found in Arizona, Colorado, New Mexico, and
Utah) be listed as threatened or endangered.
On July 29, 2004, we received a 60-day notice of intent to sue for
failure to complete a finding. On December 7, 2004, an amended
complaint for failure to complete a finding for this and other species
was filed. We reached a settlement agreement with the plaintiffs, and
on February 7, 2006, we published a 90-day finding in the Federal
Register (71 FR 6241) determining that the petition did not present
substantial scientific information indicating that listing the
Gunnison's prairie dog species may be warranted.
On August 17, 2006, Forest Guardians and eight other organizations
and individuals provided written notice of their intent to sue
regarding the determination in the 90-day finding. On December 13,
2006, the plaintiffs filed a complaint challenging the finding. On June
29, 2007, we reached a settlement agreement with the plaintiffs for
submittal to the Federal Register of a 12-month finding by February 1,
2008. The court adopted the terms and conditions of the agreement on
July 2, 2007.
On August 28, 2007, we published a notice initiating the 12-month
finding and opening a 60-day public comment period on the Gunnison's
prairie dog (72 FR 49245).
Species Information
A description of the Gunnison's prairie dog is included in the 90-
day petition finding (71 FR 6241; February 7, 2006) and in a concise
review of the published information by Underwood (2007, pp. 6-13). In
addition, we used data in the Western Association of Fish and Wildlife
Agencies' (WAFWA) Gunnison's Prairie Dog Conservation Assessment
(Seglund et al. 2005) to complete much of our analysis in this finding.
The Gunnison's prairie dog has sometimes been divided into two
subspecies: Cynomys gunnisoni gunnisoni and C. g. zuniensis (Hollister
1916, p. 29). We currently regard the Gunnison's prairie dog as a
single species because the most recent published analyses (Goodwin
1995, pp. 100, 101, 110; Pizzimenti 1975, pp. 11, 15, 63) do not
support subspecies designation. Unpublished research (Hafner 2004, p.
6; Hafner et al. 2005, p. 2) indicates that the distribution of
mitochondrial DNA (deoxyribonucleic acid) haplotype lineages supports
past geographic isolation, followed by limited mixing in regions
coincident with the recognized borders of the two purported subspecies.
Although this analysis will likely be substantiated through additional
research, it is still preliminary and needs to be verified before we
can use it as evidence for subspecies designation. For the same
reasons, although Gunnison's prairie dogs in montane habitat may be
``markedly separate'' from those in prairie habitat, we are not
proposing listing the montane prairie dogs as a distinct population
segment (DPS) under our Policy Regarding the Recognition of Distinct
Vertebrate Population Segments Under the Endangered Species Act (61 FR
4722; February 7, 1996). We anticipate that future funding may become
available for genetic, taxonomic, and range research to determine
whether subspecies or DPS status is valid.
Gunnison's prairie dogs are a colonial species, historically
occurring in large colonies over large areas. Colonial behavior offers
an effective defense mechanism by aiding in the detection of predators,
but it also can play an important role in the transmission of disease
(Antolin et al. 2002, p. 19; Biggins and Kosoy 2001, p. 911). Complexes
of Gunnison's prairie dog colonies (metapopulations) expand or contract
over time depending upon various natural factors (such as reproduction,
food availability, and disease) and human-caused factors (such as
chemical control and shooting). To substantially augment depleted
populations or replace populations without human intervention, a
metapopulation structure is required across the landscape so that
migration between colonies is possible (Gilpin and Soule 1986, p. 24;
Clark et al. 1982, pp. 574-575; Lomolino and Smith 2001, p. 938).
Habitat
Gunnison's prairie dog habitat includes level to gently sloping
grasslands and semi-desert and montane shrublands, at elevations from
6,000 to 12,000 feet (1,830 to 3,660 meters) (Bailey 1932, p. 125;
Findley et al. 1975, p. 133; Fitzgerald et al. 1994, p. 183; Pizzimenti
and Hoffman 1973, p. 1; Wagner and Drickamer 2002, p. 4). Grasses are
the most important food item, with forbs, sedges, and shrubs also
occasionally used (Pizzimenti and Hoffman 1973, p. 3; Shalaway and
Slobodchikoff 1988, p. 840).
Gunnison's prairie dog range can be considered to occur in two
separate range portions--higher elevations in the northeast part of the
range and lower elevations elsewhere (Bailey 1932, pp. 125-127;
Pizzimenti and Hoffman 1973, pp. 1-2; Hall 1981, p. 7; Knowles 2002, p.
4). We refer to these areas as montane and prairie, respectively,
throughout the document to differentiate them; however, we recognize
that these terms are an oversimplification of the actual habitats
present, and describe them in more detail below.
In Figure 1, we provide a map illustrating the division of the
general range of the species into the northeastern (montane) and
southwestern (prairie) portions. The outer boundary in Figure 1 is
referenced from maps depicting the species' gross range (Hollister
1916, p. 24; Pizzimenti and Hoffman 1973, p. 2; Pizzimenti 1975, p. 4;
Hall 1981, p. 415; Knowles 2002, p. 6), and from maps of the species'
range in Arizona (Hoffmeister 1986, p. 194), Colorado (Armstrong 1972,
p. 139; Fitzgerald et al. 1994, p. 185), New Mexico (Findley et al.
1975, p. 133), and Utah (Durrant 1952, p. 106). An approximate boundary
dividing the montane and prairie range portions was established from
several maps that recognize discrete range portions for each of the two
purported subspecies,
[[Page 6662]]
Cynomys gunnisoni gunnisoni and C. g. zuniensis (Hollister 1916, p. 24;
Armstrong 1972, p. 139; Pizzimenti and Hoffman 1973, p. 2; Pizzimenti
1975, p. 4; Hall 1981). Maps that depict the geographic variation in
Gunnison's prairie dog mitochondrial DNA in southern Colorado and
northern New Mexico (Hafner 2004, p. 6; Hafner et al. 2005, p. 2) were
used to improve the resolution of the montane and prairie boundary in
this region, as these maps provide a boundary based on genetic
differences between Gunnison's prairie dogs in the two range portions.
Lastly, we used topographic maps to adjust the boundary on a finer
scale along the mountain ranges and ridges of southern Colorado and
northern New Mexico, because geography partly separates the Gunnison's
prairie dog populations and allows limited overlap between the two
range portions (Knowles 2002, p. 3; Hafner et al. 2005, p. 1).
In summary, the maps we used to delineate the montane and prairie
range portions vary in their age, projection, scale, and accuracy, and
depict boundaries based on geography, morphological traits of
Gunnison's prairie dog populations, and genetic characteristics from
Hafner's work (Hafner 2004, p. 6; Hafner et al. 2005, p. 2). They
contribute to the best available information used to establish the
montane and prairie portions of the species' range for further
analysis.
BILLING CODE 4310-55-P
[[Page 6663]]
[GRAPHIC] [TIFF OMITTED] TP05FE08.000
BILLING CODE 4310-55-C
[[Page 6664]]
Montane Habitat
The northeastern range (central and south-central Colorado, and
north-central New Mexico) consists primarily of higher elevation,
cooler and more mesic plateaus, benches, and intermountain valleys. We
call this portion ``montane'' for ease of reference, and it comprises
approximately 40 percent of the total potential habitat within the
current range. Gunnison's prairie dogs occupy grass-shrub areas in low
valleys and mountain meadows within this habitat (Seglund et al. 2005,
p. 12). The Gunnison's prairie dogs in this portion of the range are
limited by pronounced physiographic barriers (Pizzimenti and Hoffman
1973, p. 1), including the Uncompahgre Plateau and San Juan mountains
in Colorado and Utah, and the Sangre de Cristo, San Juan, and Jemez
mountain ranges in New Mexico.
Prairie Habitat
The southwestern range (southeastern Utah, southwestern Colorado,
northwestern New Mexico, and northeastern Arizona) consists primarily
of lower elevation, warmer and more xeric plains and plateaus (Bailey
1932, pp. 125-127; Pizzimenti and Hoffman 1973, pp. 1-2; Hall 1981, p.
7; Knowles 2002, p. 4). We call this portion ``prairie'' for ease of
reference, and it comprises approximately 60 percent of total potential
habitat within the current range. Gunnison's prairie dogs occupy
shortgrass and mid-grass prairies within this habitat (Seglund et al.
2005, p. 12).
Distribution, Abundance, and Trends
The current distribution of the species includes northeastern
Arizona; central, south-central, and southwestern Colorado; north-
central and northwestern New Mexico; and extreme southeastern Utah
(Bailey 1932, pp. 125-127; Pizzimenti and Hoffman 1973, pp. 1-2; Hall
1981, p. 7; Knowles 2002, p. 4) (see Figure 1 above). Limited overlap
occurs in the ranges of Gunnison's prairie dogs and black-tailed
prairie dogs (Cynomys ludovicianus) in New Mexico (Goodwin 1995, p.
101; Sager 1996, p. 1), and Gunnison's prairie dogs and white-tailed
prairie dogs (Cynomys leucurus) in Colorado (Knowles 2002, p. 5), but
we have no evidence that interbreeding is occurring. Currently, 27
percent of potential Gunnison's prairie dog habitat occurs in Arizona,
25 percent in Colorado, 45 percent in New Mexico, and 3 percent in Utah
(Seglund et al. 2005, p. 83). We used the data in Seglund et al. (2005,
pp. 82, 85-87) to calculate that approximately 22 percent of the
potential habitat occurs on private lands, 12 percent on State lands,
17 percent on Federal lands, and 49 percent on Tribal lands/Bureau of
Indian Affairs (BIA). The Tribal lands habitat occurs mostly in Arizona
and New Mexico; a large amount of potential habitat is on Navajo lands
(Cole, p. 1).
Most estimates of prairie dog populations in the available
literature are expressed in terms of area (acres (ac) or hectares (ha))
of occupied habitat rather than in numbers of individuals, most likely
because counting individuals is feasible only for small areas (Biggins
et al. 2006, p. 94). Also, the number of animals present in a locality
has been observed to vary with habitat, season, colony age,
precipitation, forage, predation, disease, chemical control, shooting,
and other factors (Knowles 2002, pp. 7-8); density of individuals
typically ranges from 2 to 23 per ac (5 to 57 per ha) (Fitzgerald et
al. 1994, p. 184). Most prairie dog surveys do not result in a density
estimate because of the associated effort and cost. Estimates of
Gunnison's prairie dog occupied habitat provide one of the best
available and most reasonable means of evaluating the status of the
species across its range.
Obtaining estimates of occupied area is itself time-consuming and
costly. Ground or aerial mapping of colonies over a predicted habitat
range of 23 million ac (9.5 million ha) in 4 States would be required
to determine a rangewide estimate of the area occupied by the
Gunnison's prairie dog (Seglund et al. 2005, pp. 17-19). Recent
attempts at less expensive aerial surveys (for example, air photo
interpretation) have been limited in their effectiveness when applied
to Gunnison's prairie dogs (Johnson et al. 2006, p. 3; Seglund et al.
2005, pp. 23-24). Whether surveying is performed from the air or on the
ground, it is often difficult to accurately and consistently discern
colony boundaries (thus introducing error in the area measurements).
Older studies did not benefit from technologies such as global
positioning systems and geographic information systems (GIS) in mapping
colonies. Accuracy suffers when studies are performed over the longer
time intervals necessary to visit large range portions, because colony
area, location, and persistence on the landscape often change
relatively quickly (Wagner et al. 2006, p. 335).
In summary, we recognize that different methodologies were used at
different times and in different locales to derive the various
historical occupied area estimates we obtained for review. These
estimates contribute to the best available information, and we consider
them comparable for determining long-term population trends, while
acknowledging potential error margins on the scale of an order of
magnitude.
Since our 90-day finding in 2006, all States within the range of
the species have applied occupancy modeling methodology to investigate
the habitat occupied by Gunnison's prairie dogs. This is a newer
technique that yields estimates of the percentage of random plots
occupied across the habitat range under consideration (MacKenzie et al.
2002, pp. 2248-2249; MacKenzie et al. 2003, pp. 2200-2201). These
estimates are statistically based and, therefore, are considered more
objective (Andelt et al. 2006, pp. 1-2; Colorado Division of Wildlife
(CDOW) 2007, p. 19; WAFWA 2007, p. 4).
A drawback is that estimates of percent occupancy by Gunnison's
prairie dogs are not directly comparable to estimates of occupied acres
(including most historic estimates), because when a random plot is
visited, only detection or non-detection (not acres occupied) is
recorded by the observers. If mapping is not performed during a site
visit, no information about colony or complex size or location is
obtained.
The positive aspects of this method are statistical rigor,
precision estimates, large-scale application in a single season, and
trend analysis if performed over subsequent years. In addition, the
results of individual surveys can be interpreted separately to assess
prairie dog occupancy and document trends within in specific areas of
concern. Although only a single year (2007) of occupancy modeling
results are available (with the exception of Colorado data from 2005
and 2007), we used these estimates, along with estimates of occupied
areas, to assess the status and trends of the Gunnison's prairie dog in
each of the four States.
Historical Estimates of Abundance
Historical estimates of Gunnison's prairie dog occupied habitat in
Arizona and New Mexico are available from Federal records of early
poisoning efforts, such as by the Bureau of Land Management (BLM) and
the U.S. Forest Service (USFS). In 1916, approximately 6.6 million ac
(2.7 million ha) of Gunnison's prairie dog occupied habitat occurred in
Arizona, and 11 million ac (4.4 million ha) occurred in New Mexico
(Oakes 2000, pp. 169-171). In our 90-day finding in 2006 (71 FR 6241,
February 7, 2006), we calculated historical estimates (circa 1916) for
Colorado (6 million ac (2.4 million ha)) and Utah (700,000 ac (284,000
ha)) from prairie dog information in various
[[Page 6665]]
publications and reports, because data were not available for these
States. By summation, based on the best available information, our
rangewide estimate for historic (circa 1916) Gunnison's prairie dog
occupied habitat was approximately 24 million ac (9.7 million ha).
In 1961, an estimated 445,000 ac (180,000 ha) of habitat was
occupied by Gunnison's prairie dog in Arizona; 116,000 ac (47,000 ha)
in Colorado; 355,000 ac (144,000 ha) in New Mexico; and 100,000 ac
(41,000 ha) in Utah (Bureau of Sport Fisheries and Wildlife 1961, pp.
1, 5). By summation, the rangewide estimate for Gunnison's prairie dog
occupied habitat in 1961 was approximately 1 million ac (405,000 ha).
These data suggest that, from 1916 to 1961, Gunnison's prairie dog
populations decreased by approximately 93 percent in Arizona, 98
percent in Colorado, 97 percent in New Mexico, and 86 percent in Utah,
or by approximately 95 percent rangewide. However, historic declines
may not support a conclusive inference that current populations
continue to decline.
In summary, empirical data on acres occupied indicate that, between
1916 and 1961, habitat occupied by the Gunnison's prairie dog
throughout its range declined from approximately 24,000,000 ac
(9,700,000 ha) to approximately 1,016,000 ac (406,400 ha).
Statewide Estimates of Abundance
As indicated above, estimates of percent occupancy arrived at
through recent occupancy modeling (presence or absence at a random
plot) do not equate to acres occupied. The method currently used by
States to assess the Gunnison's prairie dog's status, in conjunction
with both historic and recent mapping efforts, provides empirical data
on percent occupancy of potential habitat. This data is useful as a
gross-scale comparison to historical estimates of acres occupied. Both
types of data are valid and represent the best available science.
Full occupancy of surveyed habitat would not directly equate to 100
percent of available habitat, but it would provide a gross
approximation of occupancy at a larger geographic scale. For the
purposes of interpreting the percent occupancy numbers in this
document, current State survey efforts utilize a scale from 1 to 100,
indicating the percentage of occupied cells surveyed. Because we do not
have historical data on percent of habitat occupied or on occupancy
rates, we use the current percentage of occupied habitat to compare
between habitats that currently appear to have a functional
metapopulation structure (prairie) and that do not (montane). For
example, the following paragraphs illustrate that Gunnison's prairie
dog occupancy in plots sampled in montane habitat is estimated to be
approximately 3.6 percent as compared to approximately 18.3 percent in
plots sampled in prairie habitat in Colorado. Of the total montane
habitat, approximately 85 percent occurs in Colorado.
Arizona
In 2007, occupied habitat on non-Tribal lands in Arizona comprised
approximately 108,570 ac (40,500 ha) (Underwood 2007, p. 30). No
comprehensive data are available from Tribal lands in Arizona, which
include 50 percent of the Statewide potential habitat. Therefore, the
2007 estimate for Arizona (Underwood 2007, p. 30) is likely
substantially less than what actually exists. Due to a lack of any
Tribal estimates since 1961, recent population trends on Tribal lands
statewide are unknown, but may have increased over the 1961 estimate of
435,419 ac (176,207 ha). We are unaware of any disproportionate adverse
effects to the species on Tribal lands during this interval, and we
assume that habitat trends may have followed a similar pattern as on
non-Tribal lands. All habitat within Arizona is considered prairie.
Colorado
The Colorado Department of Agriculture (CDA 1990, p. A-3) solicited
questionnaire responses from farmers and ranchers from which they
extrapolated a 1990 estimate of 1,553,000 ac (621,200 ha) of occupied
habitat for all 3 species of prairie dogs found in Colorado
(Gunnison's, white-tailed, and black-tailed). Based on species
occurrence by county, Seglund et al. (2005, p. 26) estimated that
438,876 ac (177,607 ha) were occupied by Gunnison's prairie dogs.
From 2002 to 2005, the Colorado Division of Wildlife (CDOW)
interviewed field personnel from CDOW, the Service, the USFS, and the
BLM regarding the habitat occupied by Gunnison's prairie dogs in the
State. Colonies were mapped on 1:50,000 scale U.S. Geological Survey
county sheets and were designated as ``active'' (known to have prairie
dogs inhabiting the colony within the last 3 years); ``inactive''
(prairie dogs occurred in the area but have not been present in more
than 3 years); or ``unknown'' (prairie dogs were known to occur
historically, but current status was unknown). From this effort, CDOW
estimated 182,237 ac (72,895 ha) of active colonies; 9,042 ac (3,617
ha) of inactive colonies; and 171,970 ac (68,788 ha) of colonies in
unknown status within Colorado (CDOW 2007, p. 3). These data suggest an
increase over the historical 1961 estimate of 115,650 ac (46,802 ha) of
occupied habitat in Colorado. We have no way of estimating what percent
of this difference may be due to different mapping techniques. We
believe that the difference is mostly due to an actual increase in
prairie dogs, likely within the prairie portion of the range, because
data from the montane portion of the range indicate significantly
reduced occupancy rates (see additional analysis below). We used area
estimates from 2002 to 2005 to compute a Statewide occupancy estimate
of 2.1 percent (known active colony area divided by area of potential
habitat) (CDOW 2007). However, the occupancy modeling studies performed
in 2005 and 2007 in Colorado, including both prairie and montane
portions of the range, yielded Statewide occupancy estimates of 7.5 and
8.6 percent, respectively (Andelt et al. 2006, p. 15; CDOW 2007, p.
19), and these estimates are considered more reliable.
Montane and Prairie Habitat in Colorado
Within Colorado, CDOW has designated individual population areas to
identify where Gunnison's prairie dogs exist and where management
activities should be focused. The montane portion of the species' range
in Colorado is composed of the Gunnison, San Luis Valley, South Park,
and Southeast population areas. By using CDOW (2007, p. 28) estimates
of potential habitat, we determined that the montane range portion in
Colorado comprises about 80 percent (6.9 million of 8.5 million ac (2.8
million of 3.4 million ha)) of the available Gunnison's prairie dog
habitat in the State. However, the montane range portion only contains
about 40 percent (73,861 of 182,237 ac (29,544 of 72,894 ha)) of the
available Gunnison's prairie dog habitat occupied in the State, based
on our calculations using CDOW mapped area data (CDOW 2007, p. 3).
The La Plata--Archuleta and Southwest population areas, in the
prairie portion of Colorado's Gunnison's prairie dog habitat, comprise
about 20 percent of the Gunnison's prairie dog habitat and contain
about 60 percent of habitat occupied in the State (CDOW 2007, pp. 3,
19). The higher proportion of occupied habitat in the smaller prairie
portion of the State indicates that Gunnison's prairie dogs are more
abundant in the prairie habitat area.
[[Page 6666]]
The 2005 occupancy modeling studies also indicate a higher
proportion of occupancy (16 percent) in the prairie portion of the
range in Colorado, and a lower proportion of occupancy (3.2 percent) in
the montane portion of the species' range in Colorado (Andelt et al.
2006, p. 17; CDOW 2007, p. 19). When the study was repeated over the
same plots in 2007, occupancy was again found to be higher (18.3
percent) in the prairie portion and lower (3.6 percent) in the montane
range portion in Colorado (CDOW 2007, p. 19).
New Mexico
We have no current information on occupied habitat in New Mexico.
The best available science is from Bodenchuck (1981 p. 1), who
solicited questionnaire responses from agricultural producers in 1981.
Respondents reported 107,574 ac (43,567 ha) of Gunnison's prairie dog
occupied habitat. Bodenchuck (1981, p. 8) extrapolated a Statewide
total of 348,000 ac (141,000 ha) of occupied habitat for the species.
Oakes (2000, p. 216) questioned this extrapolation because of possibly
faulty assumptions used to derive it. Knowles (2002, p. 22) estimated
that 75,000 ac (30,000 ha) of occupied habitat existed in 1982. New
Mexico Department of Game and Fish used Digital Orthophoto Quarter
Quadrangles to estimate a minimum of 9,108 ac (3,689 ha) of occupied
habitat Statewide in 2004 (Seglund et al. 2005, p. 23). However, this
method appears to be hampered by inaccurate detection of disturbances,
time elapsed since photography, time elapsed since ground mapping,
temporal changes in prairie dog towns, and other factors (Seglund et
al. 2005, p. 33). While these estimates have limited accuracy, general
use in assessing Statewide occupied habitat indicates that Gunnison's
prairie dogs appeared to be decreasing between 1961 and 2004.
Montane and Prairie Habitat in New Mexico
New Mexico also includes both montane and prairie habitat. The
montane habitat is geographically connected to the montane portion of
the Gunnison's prairie dog habitat in Colorado. It comprises about 17
percent of the Gunnison's prairie dog habitat in New Mexico; we do not
have accurate data on total acres in New Mexico, and therefore do not
provide an acre estimate for the montane portion. We have no data on
the percent occupancy in this habitat.
The prairie habitat in New Mexico comprises about 83 percent of the
habitat; we do not have accurate data on total acres in New Mexico, and
therefore do not provide an acre estimate for the prairie portion. We
have no data on the percent occupancy in this habitat.
Utah
The Utah Division of Wildlife Resources estimated that 22,000 ac
(8,906 ha) of occupied Gunnison's prairie dog habitat existed in Utah
in 1968 (Seglund et al. 2005, p. 35). Knowles (2002, p. 21) estimated a
minimum of 3,678 ac (1,490 ha) of occupied habitat Statewide. The
Statewide trend in occupied habitat appears to have decreased from
100,000 ac (40,500 ha) in 1961 (Bureau of Sport Fisheries and Wildlife
1961, p. 5), to 40,000 ac (16,000 ha) in 2007 (Lupis et al. 2007, p.
3). The Gunnison's prairie dog occupancy in Utah was estimated to be
15.7 percent in 2007 (Lupis et al. 2007, p. 3). We consider all
Gunnison's prairie dog habitat in Utah as prairie.
Summary of Statewide Estimates of Abundance
We have empirical data on Gunnison's prairie dog occupancy that
indicate a large decline in rangewide occupied acres. We also have
recent empirical data that indicates percent occupancy within two
separate portions of the range is significantly different.
Data on acres occupied indicate that between 1916 and the present,
habitat occupied by Gunnison's prairie dogs throughout its range
declined from approximately 24,000,000 ac (9,700,000 ha) to between
340,000 and 500,000 ac (136,000--200,000 ha). This represents a
rangewide decline of greater than 95 percent.
Summary of Factors Affecting the Species Rangewide
Section 4 of the Act (16 U.S.C. 1533) and implementing regulations
at 50 CFR 424, set forth procedures for adding species to the Federal
Lists of Endangered and Threatened Wildlife and Plants. In making this
finding, we summarize below information regarding the status and
threats to the Gunnison's prairie dog in relation to the five factors
provided in section 4(a)(1) of the Act.
In making this 12-month finding, we have considered all scientific
and commercial information received or acquired between the time of the
initial petition (February 23, 2004) and the end of the most recent
public comment period (October 29, 2007), and additional scientific
information from ongoing species surveys and studies as they became
available.
Under section (4) of the Act, we may determine a species to be
endangered or threatened on the basis of any of the following five
factors: (A) Present or threatened destruction, modification, or
curtailment of habitat or range; (B) overutilization for commercial,
recreational, scientific, or educational purposes; (C) disease or
predation; (D) inadequacy of existing regulatory mechanisms; or (E)
other natural or manmade factors affecting its continued existence. We
evaluated whether threats to the Gunnison's prairie dog may affect its
survival. Our evaluation of threats, based on information provided in
the petition, available in our files, and available in published and
unpublished studies and reports, is presented below.
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
Agricultural land conversions historically had a significant impact
on Gunnison's prairie dog habitat (Knowles 2002, p. 12). Gunnison's
prairie dogs have been displaced from some of the more productive
valley bottomlands in Colorado and New Mexico (Longhurst 1944, p. 36).
Agriculture currently impacts 2,063,930 ac (834,243 ha), or less than
three percent, of the Gunnison's prairie dog range (Seglund et al.
2005, p. 43). Seglund et al. (2005, p. 41) indicate agriculture is not
a major rangewide threat because of the small percentage of the range
affected, but also because agriculture provides highly productive
forage in place of the native arid landscape. Current adverse impacts
relate to secondary actions at a local scale, such as prairie dog
control (for example, poisoning, shooting) in areas where prairie dogs
occupy lands used for agriculture, particularly private lands. We
assess shooting under Factor C, poisoning under Factor E, and both in
Factor D.
Urbanization also has caused habitat loss for Gunnison's prairie
dog. Seglund et al. (2005, p. 41) determined that urbanization affects
577,438 ac (233,681 ha) within the range of the species (less than two
percent of the range). However, it appears this analysis considered
only the direct effects of habitat loss. Urbanization also exerts
indirect effects (for example, poisoning and shooting of prairie dogs),
extending a human ``disturbance zone'' outward from the actual
development footprint.
Lower-density suburban development occurring in the southern Rocky
Mountains is scattered and results in a fragmenting of habitats. In
Colorado, urban development on the west slope of the Rocky Mountains
(montane habitat) is occurring rapidly; 38 percent of Gunnison's
prairie dog range is predicted to be impacted by low urban development
(less than 40 units per ac;
[[Page 6667]]
99 per ha), 6 percent by moderate development (40 to 80 units per ac;
99 to 198 per ha), and 5 percent by high development (fewer than 80
units per ac) between 2000 and 2020 (CDOW 2007, p. 28). We do not have
information on the extent of development projected to occur in the
other States within the species' range (Utah, Arizona, and New Mexico).
Potential threats to Gunnison's prairie dog populations due to urban
and suburban development exist, but have not been quantified, in the
four cities of Santa Fe and Albuquerque, New Mexico; Flagstaff,
Arizona; and Gunnison, Colorado (CDOW 2007, p. 4). In some areas,
Gunnison's prairie dogs threatened by urban development have been
captured and relocated to preserves or other nearby habitats,
mitigating effects to overall population numbers, but not to area of
habitat.
Although urban and suburban development exert adverse impacts on
Gunnison's prairie dog populations at a local scale, they likely affect
less than three percent of the species' range; low density development
appears to be compatible with continued use by prairie dogs, due to the
offsets provided by lawns and pastures that provide high quality forage
(Seglund et al. 2005, p. 41).
Noxious weeds can increase in the presence of livestock
overgrazing, and a relationship likely exists between overgrazing,
Bromus tectorum (cheat grass) proliferation, and increased fire
frequency and intensity (Seglund et al. 2005, p. 43). However, we have
no data that quantifies these factors or their correlation with effects
to Gunnison's prairie dog populations. The impact of overgrazing on
prairie dog populations is contradictory. Some reports have noted that
species density is positively correlated with the number of native
plants (Slobodichikoff et al. 1988, p. 406), and that grazing has
decreased forage availability (Seglund et al. 2005, p. 42). Other
reports have concluded that prairie dog density is positively
correlated with an increase in grazing, which simulates the shortgrass-
type of prairie environment preferred by prairie dogs (Fagerstone and
Ramey 1996, p. 88; Marsh 1984, p. 203, Slobodchikoff et al. 1988, p.
406). Considering the conflicting conclusions of published literature,
and the lack of large-scale population decreases due to habitat
alterations from livestock grazing, we find this is not a significant
threat to the Gunnison's prairie dog.
Numerous land parcels within the Gunnison's prairie dog range are
leased for oil and gas development (Seglund et al. 2005, pp. 36, 42).
However, no information is available that quantifies the amount of
occupied habitat affected. In a study of white-tailed prairie dogs,
Menkens and Anderson (1985, p. 13) concluded that any impact from
seismic testing is negligible. However, we acknowledge that oil and gas
development is rapidly occurring (Seglund et al. 2005, p. 44), and that
this potential threat should be considered more closely when more
accurate data are available.
Road-related Gunnison's prairie dog mortality exists in proximity
to specific population areas. Roads may be increasing due to oil and
gas development. However, no studies quantify road mortality of
Gunnison's prairie dogs. We have no data indicating that roads are
currently threatening the species rangewide, and we conclude that
prairie dog populations are able to recover from individual losses due
to road mortality.
Conservation principles indicate that smaller, more isolated
populations are more vulnerable to extirpation (Barnes 1993, p. 34;
Cully 1993, p. 43; Fitzgerald 1970, p. 78; Gilpin and Soule 1986, pp.
30-31; Miller et al. 1994, p. 151; Mulhern and Knowles 1995, p. 21;
Wilcox and Murphy 1985, p. 883; Wuerthner 1997, p. 464). Lomolino et
al. (2003, p. 116) found that persistence of Gunnison's prairie dog
colonies increased significantly with larger colony size and decreased
isolation. However, we found no studies or data that specifically
assess the magnitude of the threats discussed under Factor A
(agriculture land conversions, urbanization, grazing, roads, and oil
and gas leasing) and resulting fragmentation throughout the range of
Gunnison's prairie dog habitat.
Summary of Factor A
After assessing the best available science on the magnitude and
extent of the effects of agricultural land conversion, urbanization,
grazing, roads, oil and gas development, and fragmentation of habitat,
we find that the destruction, modification, and curtailment of
Gunnison's prairie dog's habitat or range are not significant threats.
Agriculture, urbanization, roads, and oil and gas development each
currently affect a small percentage of Gunnison's prairie dog habitat.
Effects of livestock grazing, while widespread, have not resulted in
measurable population declines. However, we need more information on
the impacts of fragmentation and isolation with regard to persistence
of prairie dog populations and on the magnitude of the potential threat
posed by increasing oil and gas development.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Gunnison's prairie dogs have been historically subjected to
recreational shooting and shooting as a form of pest management on
ranch and agricultural land; these practices continue under current
State regulations (see Factor D. Inadequacy of Existing Regulatory
Mechanisms). Prairie dogs are especially vulnerable to shooting due to
their colonial behavior, which facilitates easy access to many
individuals at once (Seglund et al. 2005, p. 48). Most field studies on
the effects of shooting prairie dogs have been carried out on black-
tailed prairie dogs, but we consider the results relevant to Gunnison's
prairie dogs (CDOW 2007, p. 41). Shooting effects include population
reduction and alteration of behavior, such as decreased foraging rates
and increased vigilance, which reduce individual prairie dog vigor and
result in lower reproductive output (Knowles 1988, p. 54; Reeve and
Vosburgh in press, p. 5; Vosburgh 1996, pp. 32-33; Vosburgh and Irby
1998, p. 368; Pauli and Buskirk 2007, pp. 1223-1224).
Recreational shooting can reduce prairie dog population density at
specific sites (Knowles 2002, p. 14; Miller et al. 1993, p. 91;
Vosburgh 1996, pp. 13-14; Vosburgh and Irby 1998, pp. 366-367). Local
extirpation of colonies may have occurred in isolated circumstances in
the past (Knowles 1988, p. 54). However, increased population growth
rates or recovery from very low numbers following shooting also have
been reported (Knowles 1988, p. 54; Reeve and Vosburgh in press, p. 7).
Recent studies of the effects of shooting on black-tailed prairie dogs
appear to contradict the idea that populations quickly rebound from
shooting. Reproductive output on colonies subjected to shooting
decreased by 82 percent, while control colonies maintained a stable
reproductive rate over the same period (Pauli and Buskirk 2007, p.
1228). Therefore, black-tailed prairie dogs do not appear to rebound
quickly from shooting.
The International Union for the Conservation of Nature/Species
Survival Commission (IUCN/SSC) Conservation Breeding Specialist Group
evaluated the effects of shooting mortality on population viability of
Gunnison's prairie dogs (CDOW 2007, p. 124). Simulations were run with
a shooting closure in place from March 1 through June 14 each year
(approximating State closures) and without any closures. Having the
closure in place resulted in positive population growth and
[[Page 6668]]
negligible risk of extinction, except in scenarios with the highest
levels (20 percent) of shooting-based mortality. Simulations run
without the seasonal shooting closure in place suggest that when
initial population sizes are smaller (less than 250 individuals) and
shooting mortality is high (20 percent), a decrease in growth rate and
an increase in population extinction risk exist (CDOW 2007, pp. 135-
137). Colorado, Utah, and Arizona (outside Tribal lands) have
implemented seasonal closures on prairie dog shooting. In Arizona and
New Mexico, the Navajo Nation monitors this threat but currently
implements no closures on shooting because it finds the level of
shooting to be low on its lands (Cole 2007, p. 4).
Summary of Factor B
We have determined that shooting continues to be a threat to the
Gunnison's prairie dog throughout all of its range and contributes to
the decline of the species when combined with the effects of disease
(see Factor C below). However, this threat is being monitored and
managed in all States and the Navajo Nation, and modeling results
suggest seasonal shooting closures implemented in Colorado and Arizona
will likely reduce population-level losses. Therefore, we have
determined that overutilization for commercial, recreational,
scientific, or educational purposes is not a significant threat to the
Gunnison's prairie dog.
C. Disease or Predation
While prairie dogs are prey to numerous species, including coyotes,
badgers, black-footed ferrets, and various raptor species, there is no
information available to indicate that predation has an overall adverse
effect on the species. Black-footed ferrets have been reintroduced into
two locations in Arizona, including the Aubrey Valley, where Gunnison's
prairie dog populations appear to be stable.
The Gunnison's prairie dog is, however, affected by sylvatic
plague, which occurs in regular outbreaks and causes population
declines and extirpations. Plague is an exotic disease foreign to the
evolutionary history of North American species (Barnes 1982, p. 238;
Barnes 1993, p. 29; Biggins and Kosoy 2001, p. 907). This flea-borne
disease, caused by infection with the bacterium Yersinia pestis, is
shared by humans and other vertebrate animals. Rodents are the primary
vertebrate hosts of Y. pestis, but other mammals can be infected. Y.
pestis is transmitted to mammals by bites of infected fleas, direct
contact with infected animals, and rarely by inhalation of infectious
respiratory droplets from another animal (Gage et al. 1995, pp. 695-
696). Plague was first observed in wild rodents (termed sylvatic
plague) in North America near San Francisco, California, in 1908 and
was detected in Gunnison's prairie dogs in the 1930s (Eskey and Hass
1940, p. 6). Plague has subsequently spread so that it now encompasses
the entire range of the species (Centers for Disease Control 1998, p.
1; Cully 1989, p. 49; Girard et al. 2004, p. 8408). Therefore, it has
only been present within the species' range for approximately 70 years,
allowing very little time for any resistance to evolve (Biggins and
Kosoy 2001, p. 913). Once established in an area, plague becomes
persistent and periodically erupts, with the potential to eventually
extirpate or nearly extirpate entire colonies (Barnes 1982, p. 255;
Barnes 1993, p. 28; Cully 1989, p. 51; Cully et al. 1997, p. 711;
Fitzgerald 1993, pp. 52-53). The term ``enzootic'' describes plague
existing at a less severe level, sometimes referred to as a
``maintenance'' condition, that is present continuously throughout a
species' habitat; the term ``epizootic'' describes a severe plague
outbreak or amplification transmission cycle (Gage et al. 1995, p.
696).
Prairie dogs are highly susceptible to plague, and this
susceptibility is thought to be a function of high population
densities, abundant flea vectors, and uniformly low resistance (Biggins
and Kosoy 2001, p. 913). Gunnison's prairie dogs can experience
mortality rates of greater than 99 percent during epizootics, and
eradication of populations can occur within one active season
(Lechleitner et al. 1962, pp. 190-192; Lechleitner et al. 1968, p. 736;
Rayor 1985, p. 194; Cully 1989, p. 49).
Oral vaccination through consumption of vaccine-laden baits could
reduce mortality from plague. Mencher et al. (2004, pp. 5504-5505)
report protection against plague in black-tailed prairie dogs, elicited
through voluntary consumption of a vaccine-laden bait in the
laboratory. The vaccine has been shown to be safe in numerous animals
including black-footed ferrets, raccoons, skunks, bobcats, cats, dogs,
and sheep. However, future field trials are required to test the
efficacy on the Gunnison's prairie dog.
Recovery rates of Gunnison's and Utah prairie dog colonies studied
2 years post-epizootic found that Gunnison's prairie dog colonies
experienced 100 percent mortality and remained depopulated throughout
the study due to the lack of available immigrants (Turner 2001, p. 14).
Partial or complete recovery following population reductions due to
plague have been reported for both white-tailed and black-tailed
prairie dogs (Cully 1993, pp. 40-41), but little to no recovery has
been noted in montane Gunnison's prairie dog colony die-offs, even
after long periods of time (Capodice and Harrell 2003, pp. 5-7; Cully
et al. 1997, p. 717; Lechleitner et al. 1968, p. 734). Possible long-
term consequences of continued plague infection in Gunnison's prairie
dog populations may be:
(1) local extirpation of colonies;
(2) reduced colony size;
(3) increased variance in local population sizes, and
(4) increased inter-colony distances (CDOW 2007, p. 43).
The factors that influence interspecific (between species)
transmission of plague from mammalian or avian reservoirs (for example,
coyotes, raptors, corvids) into prairie dog populations are unclear,
but seem to be primarily through fleas that could increase in moister
climates (Parmenter et al. 1999, p. 818; Rayor 1985, p. 195). However,
interspecific transmission does not seem to be a significant factor
creating plague epizootics. Plague is now considered enzootic
throughout the range of the Gunnison's prairie dog.
The primary factor influencing plague enzootics in Gunnison's
prairie dogs is thought to be abundance of fleas within their own
colonies. This appears to be correlated with seasonal moisture in
specific habitat areas. Plague outbreaks may be triggered by climatic
conditions, such as mild winters and moist springs (Parmenter et al.
1999, p. 818; Rayor 1985, p. 195). Enscore et al. (2002, p. 191) found
a close relationship between human plague cases in the southwestern
United States and high amounts of late spring (February to March)
precipitation (time-lagged 1 and 2 years) and maximum daily summer
temperature values in the moderately high range (85 to 90 [deg]F; 29 to
32 [deg]C).
Girard et al. (2004, p. 8408) postulated that when resistant hosts
of plague encounter a susceptible species that is plague na[iuml]ve and
has a high population density, an epizootic occurs. During epizootic
phases, declines in abundance of susceptible species like prairie dogs
are observed (Hanson et al. 2007, p. 790). The rapid dispersal of the
pathogen through an area can be followed by an enzootic phase, a slower
transmission cycle that disperses through the lower-density, more
resistant hosts remaining from the first cycle. This establishes the
disease in stable reservoirs for future emergence
[[Page 6669]]
(Girard et al. 2004, p. 8413; Gage and Kosoy 2005, pp. 506-509).
Enzootic infection is generally considered characteristic of a
stable rodent-flea infectious cycle where host rodents are relatively
resistant to the disease. However, Hanson et al. (2007, p. 792) found
that an unexpectedly high percentage of black-tailed prairie dog
colonies in Montana tested positive for plague. They speculate that,
under some conditions, black-tailed prairie dogs, rather than acting as
resistant hosts, may serve as enzootic hosts or carriers of the
pathogen. Plague antibody titers (concentrations in blood) have been
found in small numbers of Gunnison's prairie dogs in New Mexico,
indicating individual exposure to plague and subsequent recovery (Cully
et al. 1997, p. 717; Cully and Williams 2001, p. 898). Plague appears
to have had little effect on a Gunnison's prairie dog population in
Aubrey Valley, Arizona (Wagner and Van Andelt 2007, p. 2). However,
little evidence of resistance to plague has been found in any species
of prairie dog at this time.
In conducting a Population Viability Analysis on Gunnison's prairie
dogs, the IUCN/SSC Conservation Breeding Specialist Group (CDOW 2007,
p. 123) hypothesized that in an enzootic scenario, plague operates at a
relatively low level each year, thereby increasing average annual rates
of mortality above what would occur in a more benign non-enzootic
scenario.
Gunnison's prairie dog populations are more susceptible to decline
from plague than white-tailed prairie dog populations and are at least
as, if not more, susceptible than black-tailed prairie dog populations
(Antolin et al. 2002, p. 14; Cully 1989, p. 51; Cully and Williams
2001, p. 899; Hubbard and Schmitt 1983, p. 51; Knowles 2002, p. 13;
Ruffner 1980, p. 20; Torres 1973, p. 31; Turner 2001, p. iii).
Gunnison's prairie dogs commonly forage outside of their home
territory, a characteristic that may play a significant role in the
susceptibility of the species to plague. The Gunnison's prairie dog may
be more susceptible to plague than the black-tailed prairie dog because
of the Gunnison's less exclusive territorial behavior (many mix
relatively freely throughout adjacent territories) and thereby
contribute to the communicability of plague (Hoogland 1999, p. 8).
The Gunnison's prairie dog is also likely more susceptible to
plague than the white-tailed prairie dog because the Gunnison's
typically occurs at higher densities and is less widely dispersed on
the landscape, allowing for more frequent transmission of the disease
from one individual to another (Antolin et al. 2002, p. 19; Cully 1989,
p. 49; Cully and Williams 2001, p. 901; Turner 2001, p. 31). Biggins
(2003, p. 6) speculated that if transmission rates for plague are at
least partly dependent on host density, prairie dog populations on good
quality sites may undergo both larger declines and more rapid
recoveries than those on poor sites.
Available literature is inconclusive regarding whether isolation or
density of a colony affects the number and frequency of plague
outbreaks. Lomolino et al. (2003, p. 118) and others (Cully and
Williams 2001, p. 901; Miller et al. 1993, pp. 89-90) suggested that
isolation and fragmentation may provide some protection to prairie dogs
from plague by lessening the likelihood of disease transmission.
However, this theory no longer applies when plague is enzootic
throughout the range of Gunnison's prairie dog (as it appears to be),
in which case isolation of colonies reduces the chance of
recolonization after extirpation (Wagner and Drickamer 2002, p. 16;
Lomolino and Smith 2001, pp. 942-943). In areas where Gunnison's
prairie dog colonies are located close to each other (less than 6 miles
(mi) (10 kilometers (km) apart), inter-colony dispersal of plague is
likely through infected prairie dogs (Girard et al. 2004, p. 8412). For
colonies separated by long distances or unsuitable habitats, infection
may occur due to long-distance dispersal of plague-infected fleas by
domestic dogs, coyotes, raptors, or other predators and scavengers
(Barnes 1993, p. 34), or plague may already persist as enzootic
throughout Gunnison's prairie dog range.
The impacts of plague outbreaks, which lead to the loss of prairie
dog colonies of all sizes (Roach et al. 2001, p. 956), are magnified by
isolation of colonies. Colony growth after an epizootic is mainly the
result of recolonization by inter-colony dispersers (Antolin et al.
2002, p. 17). Wagner et al. (2006, pp. 334-335) studied cycles of
extirpation and recolonization in Gunnison's prairie dogs in Arizona,
including a large number of colonies over a large geographic area, and
found a significant relationship between the persistence of colonies
and the persistence of their nearest neighboring colony. Increased
isolation decreases the likelihood of recolonization following a plague
outbreak if the distance between the infected colony and the next
nearest colony is beyond the dispersal capabilities of the species. For
example, Lechleitner et al. (1962, pp. 195, 197) documented a 1959
plague outbreak in a Gunnison's prairie dog colony in Colorado that
killed all members of the colony. Prior to the outbreak, this colony
had been continuously occupied for 20 years, despite several poisoning
attempts. Two years after the plague outbreak, the colony still had not
been recolonized, likely because it was isolated from other colonies by
8 mi (13 km) (Lechleitner et al. 1962, p. 187).
Research is underway on the efficacy of insecticides in protecting
various prairie dog species from plague. Biggins and Godby (2005, p. 2)
hypothesized that if enzootic plague is affecting populations of
prairie dogs, an ambitious effort to remove the disease should result
in increased survival rates of prairie dogs. Fleas in Utah prairie dog
burrows were effectively controlled by annual treatments of the
insecticide deltamethrin; fleas were reduced 96 to 98 percent within
one month of treatment (Biggins and Godby 2005, p. 5). Studies of the
effects of flea control on black-tailed and white-tailed prairie dogs
have shown similar results (Biggins 2007). At this time, chemical
dusting of individual prairie dog burrows is labor intensive and
expensive.
All recent, major Gunnison's prairie dog colony declines documented
in published literature have been attributed to plague epizootics.
However, the magnitude of the plague threat appears to be different in
the montane and prairie portions of the Gunnison's prairie dog range.
Population declines in prairie habitat are less dramatic than those in
montane habitat; partial recovery or establishment of new colonies have
been documented following plague in the prairie range portion, but are
rare or absent following plague outbreaks in the montane range.
We reviewed literature on the status of Gunnison's prairie dog
populations within the two portions of the range and, specifically, all
published and unpublished literature on the effects of plague on
prairie dogs. While some studies were not recent, summarizing them
below provides background on the responses of Gunnison's prairie dog
populations to plague in each portion of the range.
Effects of Plague in Montane Habitat
Several well-studied colonies within the montane portion of the
Gunnison's prairie dog range have been documented as being extirpated,
or nearly so, due to plague. The South Park, Colorado, population area
included estimated occupied habitat of 915,000 ac (371,000 ha) in 1945;
74,000 ac (30,000 ha) in 1948; and 42 ac (17 ha) in 2002 (CDOW
[[Page 6670]]
2007). This decline was largely due to plague and affected a
substantial portion of the species' extant occupied habitat in Colorado
(at least 15 percent). A plague event in Saguache County, Colorado,
that progressed across seven colonies in 2 years left only scattered
individuals surviving in two colonies (Lechleitner et al. 1968, p.
734). In Gunnison, Saguache, and Montrose Counties, Colorado, plague
also was responsible for a decline from 15,569 ac (6,228 ha) of
occupied habitat in 1980, to 770 ac (308 ha) in 2002 (note that
Montrose County is in the Southwest population area in prairie habitat)
(Capodice and Harrell 2003, pp. 5-7). A complete die-off of a colony
due to plague in Chubbs Park, Chaffee County, Colorado, occurred in
1959 (Lechleitner et al. 1962, p. 185). In August 1958, the population
was stable and healthy, but in 1959 an epizootic spread 2 mi (3 km)
within 3 months; prairie dogs continued to be absent from the area in
1960 and 1961, and we have no recent information on the existence of
prairie dogs in that location. Plague resulted in the complete loss,
over a 2-year period, of a colony in South Park, Colorado (Fitzgerald
1970, pp. 68-69).
Approximately 1,000 to 1,500 Gunnison's prairie dogs were killed by
an outbreak of plague in a 148-ac (60-ha) colony in Curecanti National
Recreation Area near Gunnison, Colorado, in 1981 (Rayor 1985, p. 194).
A few animals survived the disease and Gunnison's prairie dogs were
again abundant in the area in 1986 (Cully 1989, p. 49). In 2002, 252 ac
(102 ha) of habitat in the Recreation Area were occupied by Gunnison's
prairie dog colonies (Capodice and Harrell 2003, p. 23), but the
current estimate is 12 ac (4.8 ha) (Childers 2007, p. 2). Colonies
within the Recreation Area experienced six plague epidemics between
1971 and 2007. Of the 9 historic Gunnison's prairie dog colonies, 3 are
currently active, and 2 act as source populations for the main prairie
dog concentration area (Childers 2007, p. 1). If the source colonies
die off due to plague, repopulation may not be possible because any
other Gunnison's prairie dog populations remaining will be separated by
distance (more than 6 mi (10 km)) and impassable geographical features
such as rivers and mountains (Lomolino et al. 2003, p. 116; Pizzimenti
and Hoffman 1973, p. 1).
Recently, plague has been implicated in the loss of several large
colonies on BLM land within the Gunnison population area (CDOW 2007, p.
4). A large colony southeast of Gunnison, Colorado, that was very
active in 2005, was totally devoid of prairie dogs in 2006 and 2007.
Four other large colonies in the same vicinity were active in 2006, but
by 2007, no prairie dog activity was observed. Plague is the suspected
cause of these extirpations, because of the complete elimination of the
prairie dogs with no sign of poisoning (CDOW 2007, p. 4).
Fitzgerald (1993, p. 52) expressed concern about the status of the
Gunnison's prairie dog in Colorado, indicating that plague had
eliminated many populations, including almost all of the populations in
South Park. He also suggested that populations appeared to be in poor
condition in the San Luis Valley, and were extirpated from the extreme
upper Arkansas River Valley, as well as Jefferson, Douglas, and Lake
Counties. These areas comprise most of the Gunnison's prairie dog
montane habitat in Colorado.
During 1984 through 1987, a plague event reduced the population of
Gunnison's prairie dogs in the Moreno Valley of New Mexico from more
than 100,000 individuals to between 250 and 500, a decline of greater
than 99 percent (Cully et al. 1997, pp. 708-711). Although the growth
rate of the remaining population increased following the epizootic,
another plague event swept through the area in 1988, and the population
in July 1996 was still ``a fraction'' of what it had been in 1984
(Cully et al. 1997, p. 718).
Occupancy modeling performed in Colorado in 2005 indicated a lower
proportion of occupancy in the montane portion of the species' range
within Colorado (3.2 percent) than in the prairie portion within
Colorado (16.0 percent) (Andelt et al. 2006, p. 17; CDOW 2007, p. 19).
When the study was repeated over the same plots in 2007, occupancy was
again found to be lower (3.6 percent) in the montane range portion in
Colorado than in the prairie portion (18.3 percent) (CDOW 2007, p. 19).
The only recent threat responsible for whole population declines and
extirpations, as documented in the studies cited in this section, is
plague.
The frequency of plague epizootics appears to be high in montane
habitat due to moister environmental conditions that are conducive to
greater flea densities. The impact of plague epizootics in montane
habitat is great because the small, isolated populations cannot
recolonize. Within the South Park, Gunnison, and Southeast montane
population areas in Colorado, no prairie dog complexes that approach a
size considered sustainable exist, and only a few small complexes exist
within the San Luis Valley population area (CDOW 2007, pp. 1-17).
Without a metapopulation structure, an overall decline in persistence
takes place (Lomolino and Smith 2001, p. 942).
The landscape status in the montane portion of Gunnison's prairie
dog range is characterized by fewer, smaller colonies that are
isolated, and few to no complexes or metapopulation structure.
Isolation of populations is related to the montane geography in this
portion of the range. Gunnison's prairie dogs occupy low valleys and
mountain meadows within this habitat (Seglund et al. 2005, p. 12),
likely because the short growing season at elevations higher than
10,000 ft (3,048 m) limits forage (Andelt et al. 2006, p. 17). In
addition, mountain topography minimizes the zone of contact between
populations (Knowles 2002, p. 3). At least four mountain ranges within
the montane portion of the range act as barriers to Gunnison's prairie
dog dispersal (Pizzimenti and Hoffman 1973, p. 1). These factors make
the prairie dogs in this habitat highly susceptible to plague-related
declines, and we have no evidence of long-term recovery from plague in
the montane habitat area.
Effects of Plague in Prairie Habitat
The Southwest and the La Plata-Archuleta populations in Colorado
are within the prairie portion of Gunnison prairie dog range. The
Southwest population comprises the largest population of Gunnison's
prairie dogs in Colorado, with an estimated 88,267 ac (35,307 ha) of
active colonies. Currently, prairie dogs can be found in nearly any
habitat suitable for occupation, although densities are low to very low
in native rangeland areas. Plague may be a problem in this area,
because periodic die-offs not associated with poisoning or other
control measures have been noted by local farmers and ranchers in the
past. However, unlike populations in montane habitat within Colorado,
these populations appear to rebound from periodic epizootics (CDOW
2007, p. 16).
Populations in the La Plata-Archuleta population area appear to
undergo plague outbreaks every 4 to 7 years, which may be limiting some
populations (CDOW 2007, p. 7). Occupancy modeling in 2005 and 2007
documented Gunnison's prairie dog occupancy of 17.6 percent and 27.0
percent, respectively, in the Southern Ute Reservation (part of the La
Plata-Archuleta population area), and 15.6 percent and 16.3 percent in
the Southwest area (CDOW 2007, p. 19). The persistence of these
populations, while undergoing repeated plague outbreaks, is likely due
to their proximity to other populations within the prairie portion of
the species' range
[[Page 6671]]
and immigration from those populations.
In Arizona, from 1987 to 2001, an estimated 68 percent reduction in
the number of active Gunnison's prairie dog colonies occurred,
primarily due to outbreaks of plague (Underwood 2007, p. 18; Wagner and
Drickamer 2002, p. 15). However, in the area known as the Coconino
Plateau, the area occupied by Gunnison's prairie dogs increased from
2,126 ac (860 ha) in 1992 to 40,942 ac (16,569 ha) in 2007 (Van Pelt
2007, p. 3), suggesting the species can withstand large plague
epizootics through colony expansion or recolonization from nearby
colonies. In addition, the Aubrey Valley Complex (in northwestern
Arizona