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CFR Citation: 50 CFR Part 17

RIN ID: RIN 1018-AU46

NOTICE: Part III

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Endangered and Threatened Wildlife and Plants; Critical Habitat for the Alabama Beach Mouse

DATES: We will accept comments from all interested parties until April 3, 2006. We must receive requests for public hearings, in writing, at the address shown in the ADDRESSES section by March 20, 2006.

DOCUMENT SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to revise critical habitat for the endangered Alabama beach mouse (Peromyscus polionotus ammobates) pursuant to the Endangered Species Act of 1973, as amended (Act). In total, approximately 1,298 acres (ac) (525 hectares (ha)) fall within the boundaries of the proposed critical habitat designation. The proposed critical habitat is located in Baldwin County, Alabama.

SUMMARY: Interior Department, Fish and Wildlife Service,

SUPPLEMENTAL INFORMATION

Because we want any final action resulting from this proposal to be as accurate and as effective as possible, we ask for comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule. We particularly seek comments concerning:
(1) The reasons any habitat should or should not be determined to be critical habitat as provided by section 4 of the Act (16 U.S.C. 1531 et seq.), including whether the benefit of designation will outweigh any threats to the species caused by designation;
(2) Specific information on the amount and distribution of Alabama beach mouse (ABM) habitat, including areas occupied by the ABM at the time of listing and containing the features essential to the conservation of the species, and areas not occupied at the time of listing that are essential to the conservation of the species; (3) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat; (4) Any foreseeable economic, national security, or other potential impacts resulting from the proposed designation and, in particular, any impacts on small entities;
(5) Whether our approach to designating critical habitat could be improved or modified in any way to provide for greater public participation and understanding, or to assist us in accommodating public concerns and comments; and
(6) Information regarding the benefits of exclusion or inclusion of the 337 acres (136 ha) within the proposed critical habitat revision that are owned by the State near the Fort Morgan Historic Site in Unit 1, but that are managed by the Service through a cooperative management agreement with the Alabama Historical Commission.

If you wish to comment, you may submit your comments and materials concerning this proposal by any one of several methods (see ADDRESSES section). Please submit Internet comments to abmcriticalhabitat@fws.gov in ASCII file format and avoid the use of special characters or any form of encryption. Please also include ``Attn: critical habitat [AU46]'' in your email subject header and your name and return address in the body of your message. If you do not receive a confirmation from the system that we have received your Internet message, contact us directly by calling our Daphne Fish and Wildlife Office at phone number 2514415181. Please note that the Internet address
abmcriticalhabitat@fws.gov will be closed out at the termination of the public comment period.

Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home addresses from the rulemaking record, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold from the rulemaking record a respondent's identity, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address.
Role of Critical Habitat in Actual Practice of Administering and Implementing the Act

Attention to and protection of habitat is paramount to successful conservation actions. The role that designation of critical habitat plays in protecting habitat of listed species, however, is often misunderstood. As discussed in more detail below in the discussion of exclusions under section 4(b)(2) of the Act, there are significant limitations on the regulatory effect of designation under section 7(a)(2) of the Act. In brief, (1) designation provides additional protection to habitat only where there is a Federal nexus; (2) the protection is relevant only when, in the absence of designation, destruction or adverse modification of the critical habitat would in fact take place (in other words, other statutory or regulatory protections, policies, or other factors relevant to agency decision making would not prevent the destruction or adverse modification); and (3) designation of critical habitat triggers the prohibition of destruction or adverse modification of that habitat, but it does not require
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specific actions to restore or improve habitat.

Currently, only 470 species, or 37 percent of the 1,264 listed species in the U.S. under the jurisdiction of the Service, have designated critical habitat. We address the habitat needs of all 1,264 listed species through conservation mechanisms such as listing, section 7 consultations, the Section 4 recovery planning process, the Section 9 protective prohibitions of unauthorized take, Section 6 funding to the States, the Section 10 incidental take permit process, and cooperative, nonregulatory efforts with private landowners. The Service believes that it is these measures that may make the difference between extinction and survival for many species.

In considering exclusions of areas proposed for designation, we evaluated the benefits of designation in light of Gifford Pinchot Task Force v. U.S. Fish and Wildlife Service, 378 F. 3d 1059 (9th Cir 2004). In that case, the Ninth Circuit invalidated the Service's regulation defining ``destruction or adverse modification of critical habitat.'' In response, on December 9, 2004, the Director issued guidance to be considered in making section 7 adverse modification determinations. This proposed critical habitat designation does not use the invalidated regulation in our consideration of the benefits of including areas in this final designation. Rather, it relies on the guidance issued by the Director in response to the Gifford Pinchot decision (see ``Adverse Modification Standard'' discussion below). The Service will carefully manage future consultations that analyze impacts to designated critical habitat, particularly those that appear to be resulting in an adverse modification determination. Such consultations will be reviewed by the Regional Office prior to finalizing to ensure that an adequate analysis has been conducted that is informed by the Director's guidance.

On the other hand, to the extent that designation of critical habitat provides protection, that protection can come at significant social and economic cost. In addition, the mere administrative process of designation of critical habitat is expensive, timeconsuming, and controversial. The current statutory framework of critical habitat, combined with past judicial interpretations of the statute, make critical habitat the subject of excessive litigation. As a result, critical habitat designations are driven by litigation and courts rather than biology, and made at a time and under a time frame that limits our ability to obtain and evaluate the scientific and other information required to make the designation most meaningful.

In light of these circumstances, the Service believes that additional agency discretion would allow our focus to return to those actions that provide the greatest benefit to the species most in need of protection.
Procedural and Resource Difficulties in Designating Critical Habitat

We have been inundated with lawsuits for our failure to designate critical habitat, and we face a growing number of lawsuits challenging critical habitat determinations once they are made. These lawsuits have subjected the Service to an everincreasing series of court orders and courtapproved settlement agreements, compliance with which now consumes nearly the entire listing program budget. This leaves the Service with little ability to prioritize its activities to direct scarce listing resources to the listing program actions with the most biologically urgent species conservation needs.

The consequence of the critical habitat litigation activity is that limited listing funds are used to defend active lawsuits, to respond to Notices of Intent (NOIs) to sue relative to critical habitat, and to comply with the growing number of adverse court orders. As a result, listing petition responses, the Service's own proposals to list critically imperiled species, and final listing determinations on existing proposals are all significantly delayed.

The accelerated schedules of court ordered designations have left the Service with limited ability to provide for public participation or to ensure a defectfree rulemaking process before making decisions on listing and critical habitat proposals, due to the risks associated with noncompliance with judicially imposed deadlines. This in turn fosters a second round of litigation in which those who fear adverse impacts from critical habitat designations challenge those designations. The cycle of litigation appears endless and is very expensive, thus diverting resources from conservation actions that may provide relatively more benefit to imperiled species.

The costs resulting from the designation include legal costs, the cost of preparation and publication of the designation, the analysis of the economic effects and the cost of requesting and responding to public comment, and in some cases the costs of compliance with the National Environmental Policy Act (NEPA; 42 U.S.C. 4371 et seq.). These costs, which are not required for many other conservation actions, directly reduce the funds available for direct and tangible conservation actions.

Background

We intend to discuss only those topics directly relevant to the critical habitat revision in this proposed rule. For more information on the Alabama beach mouse, refer to the final listing rule published in the Federal Register on June 6, 1985 (50 FR 23872).

The Alabama beach mouse (ABM) is one of five subspecies of the oldfield mouse that inhabit coastal dune communities along the northern coast of the Gulf of Mexico. It is a nocturnal rodent that burrows in primary, secondary, and scrub dunes, and feeds on a variety of dune plants and insects (Rave and Holler 1992; Moyers 1996; Sneckenberger 2001).

The ABM was historically restricted to approximately 33.5 miles of coastline in Baldwin County, Alabama, including the Fort Morgan Peninsula, Gulf Shores and Orange Beach, and Ono Island (50 FR 23872; Holliman 1983; Meyers 1983; Holler and Rave 1991). At the time of listing, the ABM was thought to occupy 10.6 miles of this historic range (50 FR 23872), based on reports by Holliman (1983), who concluded that ABM were found only on 333 acres of habitat and had been extirpated from Ono Island, and contemporaneous research by Meyers (1983) and Dawson (1983). Approximately 1,034 acres, divided into three distinct zones that collectively represented the known range of the subspecies, were designated as critical habitat at the time of listing (50 FR 23872). This original critical habitat designation consisted almost entirely of primary and secondary dunes. Primary constituent elements (PCEs) were defined as dunes and interdunal areas, and associated grasses and shrubs that provide food and cover (50 FR 23872). Presently, we estimate that approximately 2,600 acres of ABM habitat exist throughout the historic range (Service 2003).

Coastal dune habitat along the Baldwin County, Alabama, coastline is generally categorized as primary dunes, secondary dunes, interdunal swales, and scrub dunes. Primary dunes consist of a continuous line of dunes immediately landward of the wet beach characterized by sea oats (Uniola paniculata) and other grasses such as bluestem (Schizachyrium maritimum) and seaside panicum (Panicum amarum). Secondary dunes are more sparsely vegetated rows of smaller sand dunes found landward of primary dunes, often containing such plants as woody goldenrod (Chrysoma
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pauciflosculosa) and false rosemary (Conradina canescens) in addition to primary dune plants described above. Interdunal swales and seasonal wetlands are sometimes associated with secondary dune systems. These areas are generally bare sand, but may contain low spots with large headed nutgrass (Juncus megacephalus) and yellow nutgrass (Cyperus esculentus). Scrub dunes, located landward of the secondary dunes, are higherelevation interior habitats that are often dominated by scrub oaks (Quercus spp.) and yaupon holly (Ilex vomitoria). The highest scrub habitat, called escarpment, often reaches elevations of 30 feet (9 meters) or more (Baldwin County 2004) above sea level, and occurs along an eastwest line throughout the middle part of the Fort Morgan Peninsula. The transition from scrub habitat to maritime forest, which is characterized by large trees (pines and oaks), thick leaf litter, and dense understory vegetation, frequently serves to delineate the landward extent of suitable beach mouse habitat.

Since the ABM was listed, continued research has refined previous knowledge of its habitat requirements, as well as factors influencing its use of habitat. The findings most pertinent to this revision of critical habitat involve the role of scrub dune habitat in the population biology of the subspecies. Contrary to the early belief that beach mice were restricted to (Howell 1909; 1921; Ivey 1949), or preferred, the frontal dunes (Blair 1951; Pournelle and Barrington 1953; Bowen 1968), more recent research has shown that scrub habitat serves an invaluable role in the persistence of ABM populations (Swilling et al. 1998; Sneckenberger 2001). ABM occupy scrub habitat on a permanent basis and, studies have found no detectable differences between scrub and frontal dunes in beach mouse body mass, home range size, dispersal, reproduction, survival, food quality, and burrow site availability (Swilling et al. 1998; Swilling 2000; Sneckenberger 2001). While seasonally abundant, the availability of food resources in the primary and secondary dunes fluctuates (Sneckenberger 2001). In contrast, the scrub habitat provides a more stable level of food resources. This becomes crucial when food is scarce or nonexistent in the primary and secondary dunes and suggests that access to scrub dune habitat, in addition to primary and secondary dune habitat, is essential to ABM.

In addition to providing burrow sites, food resources, and cover, scrub dune habitat also serves as a highelevation refuge during storm events and as a population source as the frontal and secondary dunes recover (Swilling et al. 1998; Sneckenberger 2001). Hurricanes can severely affect ABM, as tidal surge and wave action overwash habitat, leaving a flat sand surface denuded of vegetation and shearing or eroding primary dunes and occasionally forming new channels between the Gulf of Mexico and bays and lagoons, creating barriers to beach mouse migration (Johnson 1997; Swilling et al. 1998; Service 2004a). Sand is also deposited inland, completely or partially covering vegetation (Johnson 1997; Swilling et al. 1998; Service 2004a). Until frontal dune topography and vegetation redevelop, scrub habitat maintains beach mice populations and has the majority of food resources and potential burrow sites (Lynn 2000; Sneckenberger 2001). While storms temporarily reduce population densities (often severely) and impact dune habitat, this disturbance regime maintains open habitat and retards woody plant succession, yielding a habitat more suitable for beach mice than one lacking disturbance.

The lownutrient soil of the coastal dune ecosystem receives a pulse of nutrients from the deposition of vegetative debris along the coastline (Lomascolo and Aide 2001). Therefore, as the primary and secondary dunes recover, and food plants develop to take advantage of the newly available nutrients, beach mice readily recolonize this habitat. Habitat recovery times vary depending upon factors such as hurricane characteristics (i.e., severity, amount of associated rain, position of habitat relative to storm eye, storm speed), successional stage of habitat prior to hurricane, and habitat elevation, impact to habitat from hurricane cleanup efforts, amount of precipitation, and restorative actions post hurricane. Depending on these factors, recovery of habitat may take from 1 year to over 40 years (Johnson 1997; Boyd et al. 2003; TraylorHolzer et al. 2005).

Local extinctions (and subsequent recolonizations) within fragmented populations are common events (Fahrig and Merriam 1992; Stacey and Taper 1992). Habitat fragmentation, identified in the original listing rule as a threat to ABM, continues to be the major threat to ABM conservation, especially when combined with the effects of hurricanes. ABM habitat has been fragmented by human development. Historically, habitats in lower elevations, where ABM were extirpated from hurricaneinduced storm surge, were recolonized as population densities increase and dispersal occurs from adjacent populated areas. Despite local extirpations due to storm events or the harsh, stochastic nature of coastal ecosystems, beach mouse populations and genetic integrity (Wooten 1994) would naturally recover and persist provided that sufficient habitat was available for population expansion following ``bottleneck'' events. Functional pathways between scrub habitat and lowerelevation dunes more severely impacted by storm events, allowing for dispersal, foraging, and mate finding behavior, are therefore essential to the conservation of the species.

Much of the original 33.5 miles of ABM habitat has been fragmented due to roads, buildings, parking lots, walls, bulkheads, and nonnative landscaping, and functional beach mouse pathways between highelevation scrub and frontal dunes are increasingly scarce. Rangewide (eastwest) habitat continuity has likewise suffered as a result of human development activities. Because one hurricane could easily impact the entire range of the ABM, the conservation of remaining eastwest and northsouth habitat connections throughout the range of the ABM, allowing the naturally occurring cycle of local extirpations and subsequent recolonizations to continue, is of paramount conservation importance.

Previous Federal Actions

For more information on previous Federal actions concerning the ABM, refer to the final listing rule published in the Federal Register on June 6, 1985 (50 FR 23872), or our 12month petition finding published in the Federal Register on September 26, 2000 (65 FR 57800), in which we announced that revision of critical habitat for the Alabama, Choctawhatchee, and Perdido Key beach mice was warranted.

Until now, work on the revision of critical habitat for the Alabama beach mouse and the other two beach mouse subspecies has been precluded due to other, higher priority listing and critical habitat actions. On June 17, 2003, a lawsuit was filed in the U.S. District Court for the Southern District of Alabama (The Sierra Club and the Center for Biological Diversity v. Norton: 1:03CV00377CB), alleging that we violated the Act by failing to revise critical habitat, and that the revision was withheld or unreasonably delayed under the Administrative Procedure Act (5 U.S.C. 551 et seq.). In a December 2004 declaration filed with the Court, we stated that we would submit to the Federal Register a proposed rule revising ABM critical habitat by January 18, 2006, and a final rule by January 15, 2007. A proposed rule revising critical habitat for the Choctawhatchee and
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Perdido Key beach mice was published in the Federal Register on December 15, 2005 (70 FR 74426).

We briefed the ABM recovery team on our general plans to revise critical habitat for the ABM on May 16, 2005. On November 9, 2005, we briefed State and Federal agencies on the critical habitat process and our 2004 declaration and on November 10, 2005, we held a critical habitat informational meeting for the general public at the City of Gulf Shores auditorium in Gulf Shores, Alabama, to discuss the critical habitat process.

Critical Habitat

Critical habitat is defined in section 3 of the Act as(i) the specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features (I) essential to the conservation of the species and (II) that may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. ``Conservation'' means the use of all methods and procedures that are necessary to bring an endangered or a threatened species to the point at which listing under the Act is no longer necessary.

Critical habitat receives protection under section 7 of the Act through the prohibition against destruction or adverse modification of critical habitat with regard to actions carried out, funded, or authorized by a Federal agency. Section 7 requires consultation on Federal actions that are likely to result in the destruction or adverse modification of critical habitat. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. Such designation does not allow government or public access to private lands.

To be included in a critical habitat designation, the habitat within the area occupied by the species at the time of listing must first have features that are essential to the conservation of the species. Critical habitat designations identify, to the extent known and using the best scientific data available, habitat areas that provide essential life cycle needs of the species (i.e., areas on which are found the primary constituent elements (PCEs), as defined at 50 CFR 424.12(b)).

Habitat occupied at the time of listing may be included in critical habitat only if the essential features thereon may require special management or protection. Thus, we do not include areas where existing management is sufficient to conserve the species. (As discussed below, such areas may also be excluded from critical habitat pursuant to section 4(b)(2).) Accordingly, when the best available scientific data do not demonstrate that the conservation needs of the species so require, we will not designate critical habitat in areas outside the geographic area occupied by the species at the time of listing. An area that is currently occupied by the species but was not known to be occupied at the time of listing will likely be essential to the conservation of the species and, therefore, included in the critical habitat designation.

The Service's Policy on Information Standards Under the Endangered Species Act, published in the Federal Register on July 1, 1994 (59 FR 34271), and section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106554; H.R. 5658) and the associated Information Quality Guidelines issued by the Service, provide criteria, establish procedures, and provide guidance to ensure that decisions made by the Service represent the best scientific data available. They require Service biologists to the extent consistent with the Act and with the use of the best scientific data available, to use primary and original sources of information as the basis for recommendations to designate critical habitat. When determining which areas are critical habitat, a primary source of information is generally the listing rule for the species. Additional information sources include the recovery plan for the species, articles in peerreviewed journals, conservation plans developed by States and counties, scientific status surveys and studies, biological assessments, or other unpublished materials and expert opinion or personal knowledge. All information is used in accordance with the provisions of Section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 106554; H.R. 5658) and the associated Information Quality Guidelines issued by the Service.

Section 4 of the Act requires that we designate critical habitat on the basis of the best scientific data available. Habitat is often dynamic, and species may move from one area to another over time. Furthermore, we recognize that designation of critical habitat may not include all of the habitat areas that may eventually be determined to be necessary for the recovery of the species. For these reasons, critical habitat designations do not signal that habitat outside the designation is unimportant or may not be required for recovery.

Areas that support populations, but are outside the critical habitat designation, will continue to be subject to conservation actions implemented under section 7(a)(1) of the Act and to the regulatory protections afforded by the section 7(a)(2) jeopardy standard, as determined on the basis of the best available information at the time of the action. Federally funded or permitted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, habitat conservation plans, or other species conservation planning efforts if new information available to these planning efforts calls for a different outcome. Methods

As required by section 4(b) of the Act, we used the best scientific data available in determining areas that contain the physical and biological features essential to the conservation of the subspecies (see Primary Constituent Elements section). We have reviewed the overall approach to conservation of the subspecies undertaken by the local, State, and Federal agencies operating within the species' range since its listing, the original ABM recovery plan (Service 1987).

In our development of the primary constituent elements (PCEs) and criteria for determining critical habitat (see Criteria section), we reviewed the available information pertaining to the historic and current distributions, life histories, habitats of, and threats to beach mice in general, and where possible, to the ABM in particular. We have also reviewed available information that pertains to the population biology and habitat requirements of the ABM or closely related subspecies, including data in reports submitted during section 7 consultations, and as a requirement from section 10(a)(1)(B) incidental take permits or section 10(a)(1)(A) recovery permits; hurricaneinduced storm surge inundation estimates from field data and models, research published in peerreviewed articles and presented in academic theses and agency reports; Geographic Information System (GIS) coverages; and the ABM habitat map produced by Service in 2003. We have also reviewed our own sitespecific
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subspecies and habitat information, trapping data, recent biological surveys, and reports and communication with other qualified biologists or experts.

We began our analysis by considering the historic habitat available to the subspecies. Early accounts of the ABM and the 1985 listing document indicate that the natural historic range of the species stretched from the tip of the Fort Morgan Peninsula (presently Fort Morgan State Historic Site) eastward to Perdido Pass in Baldwin County, Alabama (Howell 1909; Bowen 1968; 50 FR 23872; Holler and Rave 1991). The northsouth extent of this historic range is uncertain. Early research and collection efforts focused on frontal dunes and, therefore, we were unaware of the extent of scrub habitat usage by the subspecies until recent studies became available. We now understand beach mice in higherelevation habitat tend to survive hurricanes, and highelevation scrub habitat serves as a refuge from storms for mice in frontal dunes (Swilling et al. 1998; Sneckenberger 2001; Service 2004a). It is reasonable to assume that ABM, which evolved in a dynamic coastal environment driven in part by hurricane activity, have always utilized highelevation scrub habitats for survival during and after major storm events.

We next employed five steps to identify our proposed critical habitat units. We first considered our 2003 ABM habitat map, which is based on the best available trapping and habitat data, and utilized in permitting decisions, interagency consultation, and research studies involving the subspecies. This map contains all of those areas that were occupied at the time of listing and that have been found to be occupied since listing, that are still available to the ABM. Secondly, at those sites, we identified, in accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12, the physical and biological habitat features (also called primary constituent elements, or PCEs) (see PCE section) that are essential to the conservation of the species. We then determined the subset of the habitat identified in the ABM habitat map that contains those PCEs. These areas were then mapped using ArcMap 9, a GIS program developed by the Environmental Systems Research Institute, Inc. Our mapping process was based on the need to exclude areas that lack PCEs, while simultaneously accounting for the dynamic nature of coastal habitat. We mapped critical habitat units at each site based on the extent of habitat containing sufficient PCEs necessary to support biological functions of the ABM. We depicted the mapped shoreline according to the mean high water line (MHWL), although the land configurations of these coastal areas change dramatically through time. Landward boundaries of the units, which frequently consist of urban areas or maritime forest, are more stable and provide easily discernable landmarks when visiting a proposed critical habitat unit. In the fifth and final step, we identified any of the mapped areas that do not meet the definition of critical habitat under section 3(5)(A) of the Act, and units that may be excluded based on section 4(b)(2) of the Act (see the Application of Sections 3(5)(A) and 4(a)(3) and Exclusions Under Section 4(b)(2) of the Act, below, for a detailed description).

Many areas within the broad historic range of the subspecies, once occupied by ABM, are no longer capable of supporting them because of conversion for human use or isolation due to human development patterns (Endangered Species Consulting Services 2002; Service 2003). Developed areas, including beachfront condominium complexes within the cities of Gulf Shores and Orange Beach, the entire length of Ono Island, and the footprints of existing developments throughout the Fort Morgan Peninsula, were eliminated from consideration for critical habitat.

We eliminated from consideration those areas that have been impacted by development by consulting our 2003 ABM habitat map (Service 2003), GIS coverages, and additional trapping data. While the quality of habitat ebbs and flows in response to impacts and hurricanes and tropical storms, the 2003 map, combined with trapping information and observations since 2003, represents our best estimate of habitat occupied by the ABM at the time of listing, and from the time of listing until present. The 2003 map includes all areas, according to trapping conducted or funded by both the Service and section 10(A)(1)(a) recovery permit holders, presently occupied by the ABM. Through a careful analysis of habitat continuity, trapping data, and anthropogenic impacts, we determined which subset of this current habitat contains the PCEs (see Primary Constituent Elements section). This resulted in 2,360 ac (955 ha) of occupied habitat with features that we found to be essential to the conservation of the subspecies. For comparison, this includes almost all critical habitat originally designated at the time of listing, as well as scrub habitat now known to contain features that are essential to the ABM.

Primary Constituent Elements

In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12, we are required to base critical habitat determinations on the best scientific data available and to consider within areas occupied by the species at the time of listing those physical and biological features that are essential to the conservation of the species (PCEs), and that may require special management considerations or protection. These include, but are not limited to: Space for individual and population growth and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, and rearing (or development) of offspring; and habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species.

The specific PCEs essential for the ABM are derived from its biological needs as described in the Background section of this proposal, and are set forth in additional detail provided below. Space for Individual and Population Growth and Normal Behavior

Longterm trapping data have shown that ABM densities are cyclic and fluctuate by magnitudes on a seasonal and annual basis (Swilling et al. 1998; Sneckenberger 2001; Rave and Holler 1992). These fluctuations can be a result of reproduction rates, food availability, habitat quality and quantity, catastrophic events, disease, and predation (Blair 1951; Bowen 1968; Smith 1971; Hill 1989; Rave and Holler 1992; Swilling et al. 1998; Swilling 2000; Sneckenberger 2001). Without suitable habitat sufficient in size to support the natural cyclic nature of beach mouse populations, subspecies are at risk from local extirpation and extinction, and may not attain the densities necessary to persist through storm events and seasonal fluctuations of resources. The conservation of multiple large, contiguous tracts of habitat is a key to the persistence of beach mice.

A variety of habitat types is needed to conserve ABM populations due to the dynamic nature of the coastal environment. Large, contiguous habitat areas that contain an intact continuum of habitat from the primary dunes landward to highelevation scrub dunes are perhaps the most important to the persistence of the ABM. Contiguous habitat allows for natural behavior such as dispersal and exploratory
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movements, as well as gene flow to maintain genetic variability of the population.

However, very few tracts with this structure currently exist. Because much of occupied ABM habitat has been fragmented by human development and is, therefore, neither large in size nor contiguous, the maintenance of multiple populations and habitat connectivity (see discussion below) is crucial. Local extinctions (and subsequent recolonizations) within fragmented populations are common events (Fahrig and Merriam 1992; Stacey and Taper 1992). Species that are protected across their ranges have lower probabilities of extinction (Soule and Wilcox 1980). The ABM is a narrowly endemic subspecies restricted to less than 34 miles (54 km) of coastline, and one major hurricane could easily affect the entire population. Impacts within individual hurricanes, however, can vary greatly in intensity, and wide fluctuations in storm surge and associated wave damage are possible depending on bathymetry (water depths), beach configuration, and variations in wind speed and waves within the storm. Protecting multiple populations that represent the natural range of the subspecies, therefore, would likely increase the chance that at least one population within the range of a subspecies will survive episodic storm events and persist while vegetation and dune structure recover. This theory has been supported by population viability models conducted on the subspecies (Oli et al. 2001; TraylorHolzer 2005a, 2005b) and careful study of the closely related Perdido Key beach mouse (where a now potentially extirpated population was the source of the two remaining populations of the subspecies (Holler et al. 1989; Service 2004b)).

While maintaining multiple populations throughout the geographic range of each beach mouse subspecies provides protection from extinction (Oli et al. 2001), conservation of a subspecies necessitates protection of genetic variability throughout its range (Ehrlich 1988). Conservation of a species over a range of habitat types where it is known to occur reduces the chance of losing disjunct populations, which represent important conservation value for their adaptation to local environmental conditions and their genetic uniqueness (Fahrig and Merriam 1994). This includes ``peripheral'' populations (populations on the fringes of the natural range of the species/subspecies), which in many cases are thought to be highly desirable because of their distinct genetic characters or adaptations due to divergent natural selection (Lesica and Allendorf 1995). Preservation of natural populations throughout the range of each subspecies is therefore crucial, as the loss of a population of beach mice can result in a permanent loss of alleles (genes) (Wooten 1999). This genetic variability, once lost, cannot be regained through translocations or other efforts. Protection From Hurricanes

Hurricanes and tropical storms are a frequent occurrence along the Alabama coastline. Between 1899 and 2004, 15 storms of Category 1 or greater on the SaffirSimpson Hurricane Scale have directly impacted ABM habitat (NOAA 1999; Service 2004a, 2005a). Hurricanes can impact beach mice either directly (e.g., drowning) or indirectly (e.g., loss of habitat). When Hurricane Ivan, a strong Category 3 hurricane, made landfall in Gulf Shores on September 16, 2004, it adversely impacted an estimated 90 to 95 percent of primary and secondary dune habitat throughout the range of the ABM (Service 2004a). A review of trapping data from various locations following Ivan indicated that mice may have been extirpated from these lowlying areas (Service 2004a). However, higherelevation scrub habitat, while receiving damage from salt spray and wind (Boyd et al. 2003; Service 2004a), is often not inundated by hurricaneinduced storm surge and associated battering waves. This has been observed both in recent storms (including Hurricanes Ivan and Katrina (2005)) and hurricane model runs (U.S. Army Corps of Engineers (ACOE) 2001; Service 2004a, 2004c, 2005a; ENSR Corporation (ENSR) 2004).

Following Hurricane Opal of 1995, Swilling et al. (1998) reported higher ABM densities in the scrub than the foredunes nearly one year after the storm. As vegetation began to recover, however, the primary and secondary dunes were reoccupied by ABM and population densities surpassed those in the scrub in the fall and winter following the storm. Similar movement and habitat occupation patterns were observed following Hurricane Georges in 1998. Therefore, while ABM numbers and habitat quality in the frontal dunes ebb and flow in response to tropical storms, the higherelevation scrub habitat is important to mouse conservation as a more stable environment during and after storm events.

According to our review of estimated flood levels from hurricanes using the National Hurricane Center's Sea, Lake and Overland Surge from Hurricanes (SLOSH) model (ACOE 2001), and ABM habitat maps (Service 2003), we estimate that between 827 and 620 acres (335 and 251 hectares) of ABM habitat would not be inundated during a Category 3 to 5 storm. A recent estimate of the 100year flood (flood event that has a 1 percent chance of occurrence each year) due to hurricane activity concluded that 895 acres (362 hectares) of ABM habitat would not be inundated (ENSR 2004). In our review of beach mouse habitat following the direct hit from Hurricane Ivan, we determined (through the review of aerial photography taken before and after the storm and delineation of the surge debris line with global positioning systems) that approximately 1,400 ac (567 ha) were not directly impacted by storm surge. Much of this area was however, moderately impacted (such as wind damage to vegetation, salt spray burning of vegetation) (Service 2004a). Following Hurricane Ivan, mice were trapped almost exclusively in scrub habitat that was not inundated by storm surge, or in immediately adjacent areas (Service 2004a; Service 2005a; Volkert 2005; Endangered Species Consulting Services 2004d). Thus, highelevation habitat not inundated by hurricanes is essential to the conservation of the species.

Habitat Connectivity

Habitat loss and fragmentation associated with residential and commercial real estate development is the primary threat contributing to the endangered status of beach mice (Holler 1992; Humphrey 1992). Holliman (1983) estimated that 62 percent of all beach mouse habitat in Alabama had been lost to development between 1921 and 1983. More recent studies (Douglass et al. 1999; South Alabama Regional Planning Commission 2001) document continued growth. Coastal development has fragmented beach mouse habitat and created disjunct populations (for example, population at Gulf State Park). Isolation of habitats by imposing barriers to species movement is an effect of fragmentation that equates to reduction in total habitat (Noss and Csuti 1997). Furthermore, the isolation of small populations of beach mice reduces or precludes gene flow between populations and can result in the loss of genetic diversity (Mech and Hallett 2001). Selander et al. (1971) found that allozyme variation in beach mouse populations (Perdido Key beach mice, Choctawhatchee beach mice, and ABM) was significantly lower than the variation detected in adjacent inland populations. Correlations between genetic variation (heterozygosity) and other factors have been wellresearched with oldfield mice. Lower levels of heterozygosity have been linked to less efficient feeding, fewer demonstrations
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of social dominance and exploratory behavior, and smaller body size (Smith et al. 1975, Garten 1976, Teska et al. 1990). Research focused on inbreeding depression in oldfield mice (including one beach mouse subspecies) determined that the effects of inbreeding negatively influenced factors such as litter size, number of litters, and juvenile survivorship (Lacy et al. 1995). Demographic factors such as predation (especially by domestic cats), diseases, and competition with house mice are intensified in small, isolated populations, which may be rapidly extirpated by these pressures. Especially when coupled with events such as storms, reduced food availability, and/or reduced reproductive success, isolated populations may experience severe declines or extirpation (Caughley and Gunn 1996). The strength of influence these factors have on populations or individuals is largely dependent on the degree of isolation.

Connectivity becomes essential where mice occupy fragmented areas lacking one or more habitat types. If scrub habitat is lacking from a particular tract, adjacent or connected tracts with scrub habitat are necessary for food and burrow sites when resources are scarce in the frontal dunes, and are essential to beach mouse populations during and immediately after hurricanes. Trapping data suggest that beach mice occupying the scrub (following hurricanes) recolonize the frontal dunes once vegetation and some dune structure have recovered (Swilling et al. 1998; Sneckenberger 2001). Similarly, when frontal dune habitat is lacking from a tract and a functional pathway from scrub habitat to frontal dune habitat does not exist, beach mice may not be able to obtain the resources necessary to expand the population and reach the densities necessary to persist through the harsh summer season or the next storm. General research supports the effectiveness of biological corridors (Beier and Noss 1998) and recent population viability analysis work suggests the importance of functional pathways for ABM (TraylorHolzer 2005). These functional pathways may allow for natural behavior such as dispersal and exploratory movements, as well as gene flow to maintain genetic variability of the population within fragmented or isolated areas. To that end, contiguous tracts or functionally connected patches of suitable habitat provide connectivity that is essential to the longterm conservation of beach mice. Food Resources and Vegetative Cover

ABM feed primarily upon seeds and fruits but have been shown to prey on insects. They appear to forage on food items based on availability and have shown no preferences for particular seeds or fruits (Moyers 1996). Research suggests that the availability of food resources fluctuates seasonally in Gulf Coast coastal dune habitat, specifically that food resources may be limited during winter and spring in the scrub habitat and limited in the frontal dunes in the summer and fall (Sneckenberger 2001). Nutritional analysis of foods available in each habitat revealed that seeds of plant species in both habitats provide a similar range of nutritional quality. The frontal dunes appear to have more species of highquality foods, but these sources are primarily grasses and annuals that produce large quantities of small seeds in a short period of time. Foods available in the scrub consist of larger seeds and fruits that are produced throughout a greater length of time and linger in the landscape. Consequently, large, contiguous tracts containing both frontal dune and scrub habitat types are necessary to provide both: (1) a large quantity of food resources coinciding with the reproductive season, and (2) a relatively stable source of food resources when availability is reduced.

Foraging activities and other natural behaviors of ABM are influenced by many factors. Artificial lighting alters behavior patterns, causing beach mice to avoid otherwise suitable habitat and decreases the amount of time they are active (Bird et al. 2004). The presence of vegetative cover reduces predation risk and perceived predation risk of foraging beach mice, and allows for normal movements, activity, and foraging patterns. Foraging in sites with vegetative cover is greater and more efficient than in sites without cover (Bird 2002). Beach mice have also been found to select habitat for increased percent cover of vegetation, and decreased distance between vegetated patches (Smith 2003). Behavioral modification or increased predation in response to these factors can result in population decreases and restricted use of available habitat.

Burrow Sites

ABM use burrows to avoid predators, protect young, store food, and take refuge between foraging bouts and during periods of rest and have been shown to select burrow sites based on a suite of abiotic and biotic factors. A limitation in one or more factors may result in a shortage of suitable sites and the availability of potential burrow sites in each habitat may vary seasonally. ABM tend to construct burrows in areas with greater plant cover, less soil compaction, steep slopes, and higher elevations above sea level (Lynn 2000; Sneckenberger 2001). Burrows are typically constructed in Coastal beach or St. Lucie sands (Soil Conservation Service 1964) free of obstructions or debris. These factors are likely important in minimizing energy costs of burrow construction and maintenance while maximizing the benefits of burrow use by making a safe and physiologically efficient refuge. Similar to food resources, this fluctuation in availability of burrow sites suggests that a combination of primary, secondary, and scrub dune habitat is essential to beach mice at the individual level. Habitats Protected From Anthropogenic Disturbance

Artificial lighting, nonnative species, and refuse can directly and indirectly increase predation pressure on beach mice beyond their natural levels. Freeroaming and feral pets are believed to have a devastating effect on beach mouse persistence (Bowen 1968; Linzey 1978) and are considered to be the main cause of the loss of at least one population of ABM (Holliman 1983). Cat tracks have been observed in areas of low trapping success for beach mice (Moyers et al. 1999). A VORTEX population and habitat viability analysis for the ABM indicated that if each population had as few as one feral cat that ate one mouse a day, rapid extinction occurred in over 99 percent of all iterations (TraylorHolzer et al. 2005). Refuse has been shown to attract competitors (house mice, Mus musculus) and predators (such as coyote, Canis latrans; red fox, Vulpes vulpes), unsettling the natural predator/prey balance and competing with beach mice for resources. This issue is of particular importance and has the most impact when beach mouse populations are at low densities. This influx of development related predators and competitors is believed to be the final cause of the extinction of the pallid beach mouse (Peromyscus polionotus decoloratus) (Humphrey 1992).

Beyond the direct effects of mortality due to predation, beach mouse habitat use and foraging patterns are influenced by these anthropogenic disturbances. Artificial lighting, for example, increases the risk of predation and influences beach mouse foraging patterns and natural movements as it increases their perceived risk of predation. Beach mice avoid areas with artificial lighting or reduce the time [[Page 5523]]
spent foraging in lighted areas (Bird et al. 2004.) Consequently, because of these anthropogenic factors, mice may be unable to gather necessary food resources or fail to utilize otherwise suitable habitat. Primary Constituent Elements for the Alabama Beach Mouse

PCEs determined for the ABM in connection with the original designation of critical habitat included dunes and interdunal areas, and associated grasses and shrubs that provide food and cover (50 FR 23872). However, these elements did not address many of the requirements that we now know are crucial for longterm persistence of beach mice, including the need for scrub dune habitat. Based on our current knowledge of the life history, biology, and ecology of the species and the requirements of the habitat to sustain theessential life history functions of the species, we have determined that the ABM's PCEs are:

1. A contiguous mosaic of primary, secondary, and scrub vegetation and dune structure, with a balanced level of competition and predation and few or no competitive or predaceous nonnative species present, that collectively provide foraging opportunities, cover, and burrow sites.

2. Primary and secondary dunes, generally dominated by sea oats (Uniola paniculata), that despite occasional temporary impacts and reconfiguration from tropical storms and hurricanes, provide abundant food resources, burrow sites, and protection from predators.

3. Scrub dunes, generally dominated by scrub oaks (Quercus spp.), that provide food resources and burrow sites, and provide elevated refugia during and after intense flooding due to rainfall and/or hurricaneinduced storm surge.

4. Functional, unobstructed habitat connections that facilitate genetic exchange, dispersal, natural exploratory movements, and recolonization of locally extirpated areas.

5. A natural light regime within the coastal dune ecosystem, compatible with the nocturnal activity of beach mice, necessary for normal behavior, growth, and viability of all life stages.

Criteria Used To Identify Critical Habitat

We are proposing to designate critical habitat on lands that were occupied at the time of listing and contain sufficient PCEs to support life history functions essential to the conservation of the ABM. In a few instances, we are also proposing to designate areas that were identified as occupied after listing, but that we have determined to be essential to the conservation of the ABM.

An area was considered for designation where it possesses one or more of the PCEs and at least one of the following characteristics: (1) Supports a core population of beach mice; (2) was occupied by ABM at the time of listing; (3) is currently occupied by the beach mouse according to Service ABM trapping protocol (Service 2005c) and has been determined to be essential to the conservation of the species. The Service has developed a trapping protocol for establishing absence of beach mice (see ADDRESSES to request a copy). To document absence, this protocol requires 2 years of quarterly trapping with no beach mice captured. Presence of beach mice, however, can be documented by the capture of one beach mouse, or the observation of beach mouse tracks or beach mouse burrows by a beach mouse expert or similarly qualified biologist.

Following the strategy outlined above, we began by mapping coastal dune communities within the historic range of each subspecies of beach mouse. These areas were refined by using aerial map coverages to eliminate features such as housing developments and other areas that are unlikely to contribute to the conservation of beach mice. We then focused on areas supporting beach mice, as well as areas that contain the PCEs for the subspecies.

Because the ABM habitat is dynamic and changes in response to coastal erosion, we believe that limiting the proposed designation to areas occupied at the time of listing would not yield sufficient habitat for the persistence of beach mice. The fragmentation of the species' historic habitat, coupled with the dynamic nature of coastal dune habitat due to tropical storms, makes multiple populations essential for species conservation. Consequently, we are proposing units that were not occupied at the time of listing. These areas, however, are currently occupied by the species, have one or more of the PCEs, are within the historic range of the species, and are essential for the conservation of the ABM.

The combined extent of these mapped areas defines the habitat that contains features that are essential to the conservation of the subspecies. Although these areas proposed for designation represent only a small proportion of the subspecies' historic range, they include a significant proportion of the remaining intact coastal communities and reflect the habitat types historically occupied by beach mice. Areas not containing the PCEs, such as wetlands and maritime forests, were not included within the proposed designation. Field reconnaissance was done in a few areas for verification. We eliminated highly degraded tracts, and small, isolated, or highly fragmented tracts that provide no longterm conservation value. The remaining areas were identified as containing the PCEs and are proposed as five critical habitat units for the ABM.

We reviewed existing ABM management and conservation plans to determine if any areas identified above did not meet the definition of critical habitat according to section 3(5)(A) of the Act, or could be excluded from the revised designation in accordance with section 4(b)(2). Portions of the Perdue Unit of the Bon Secour National Wildlife Refuge (Refuge) are adequately protected under the Refuge's Comprehensive Conservation Plan (CCP) and do not require special management or protection. While these areas, which collectively total 1,063 ac (430 ha), contain the habitat features that are essential to the conservation of the subspecies, they are proposed for exclusion (see Exclusions section).

Section 10(a)(1)(B) of the Act authorizes us to issue permits for the take of listed species incidental to otherwise lawful activities. An incidental take permit application must be supported by a habitat conservation plan (HCP) that identifies conservation measures that the permittee agrees to implement for the species to minimize and mitigate the impacts of the requested incidental take. We often exclude non Federal public lands and private lands that are covered by an existing operative HCP under section 10(a)(1)(B) of the Act from designated critical habitat because the benefits of exclusion outweigh the benefits of inclusion as discussed in section 4(b)(2) of the Act. As discussed in further detail below (see ``Application of Sections 3(5)(A) and 4(a)(3) and Exclusions Under Section 4(b)(2) of the Act''), we are proposing 56 properties for exclusion that are currently protected through Habitat Conservation Plans that provide protection and habitat management for Alabama beach mice.

There are 56 properties that have been issued incidental take permits (ITPs) for ABM under section 10(a)(1)(B) within the areas that we have identified contain the features essential to the conservation of the subspecies. All of these properties possess HCPs that require the use of native plants in landscaping, control of domestic and feral cats and house mice, wildlifefriendly lighting, monitoring, and other activities beneficial to ABM. After our review of these ITPs and [[Page 5524]]
HCPs, we believe the benefits of exclusion from the proposed critical habitat revision outweigh the benefits of inclusion for all 56 of these areas, covering a total of 158 ac (64 ha). We propose to designate the remaining 1,298 ac (525 ha) as ABM critical habitat.

In summary, the habitat contained within the five proposed units described below, combined with habitat within the Perdue Unit of the Refuge and in the HCP sites proposed for exclusion, constitutes our best determination of areas that contain the physical and biological features essential for the conservation of the ABM. The five units that we are proposing as critical habitat encompass approximately 1,298 ac (525 ha) of coastal dune habitat in Baldwin County, Alabama. Each of these units has been occupied by the species as recently as 2004. Although these units represent only a small proportion of the subspecies' historic range, they include a significant proportion of Alabama's best remaining coastal dune habitat, reflect the wide variety of habitat types utilized by the ABM, and are spread evenly throughout the historic range of the subspecies. The areas include all of the highelevation habitats (as determined by review of LIDAR data, storm surge model estimates, and postHurricane Ivan measurements) crucial to the subspecies' survival during and after major hurricane events. Because shortterm occupation of habitat varies in response to tropical storm activity, ABM presence will vary spatially and temporally throughout the proposed designation, and may be unevenly distributed at any given time.

When determining proposed critical habitat boundaries, we made every effort to avoid proposing the designation of developed areas such as buildings or houses, paved areas, gravel driveways, ponds, swimming pools, lawns, and other structures that lack PCEs for the ABM. When it has not been possible to map out these structures and the land upon which they are sited because of scale issues, they have been excluded by rule text. Therefore, Federal actions limited to these areas would not trigger section 7 consultations, unless they affect the species and/or PCEs in adjacent critical habitat. It is important to note that the maps provided in this proposed rule (see ``Proposed Regulation Promulgation'' section) are for illustrative purposes. For the precise legal definition of critical habitat, please refer to the narrative unit descriptions in the ``Proposed Regulation Promulgation'' section of this rule.

Special Management Considerations or Protection

When designating critical habitat, we assess whether the areas determined to be occupied at the time of listing and containing the PCEs may require special management considerations or protections. We also assess whether areas determined to be occupied since the time of listing and containing PCEs require special management considerations or protections. As discussed in more detail in the unit descriptions below, we find that all of the areas we are proposing for designation may require special management considerations or protections due to threats to the subspecies and/or its habitat. Such management considerations and protections include management of nonnative predators and competitors, management of nonnative plants, and protection of beach mice and their habitat from threats by road construction, urban and commercial development, heavy machinery, and recreational activities.

Proposed Critical Habitat Designation

We are proposing five units as critical habitat for the ABM. The units described below constitute our best assessment, at this time, of the areas determined to be occupied by the ABM at the time of listing that contain one or more of the primary constituent elements and may require special management, and those additional areas that were not occupied at the time of listing, but were found to be essential for the conservation of ABM. These five units, as well as the areas proposed for exclusion below, represent our determination of those areas that contain the physical and biological features that are and those additional areas found to be essential to the conservation of the subspecies. These additional areas are essential for the conservation of the ABM for two main reasons. First, at the time of listing, beach mice were thought to be restricted to the frontal dune habitat and researchers did not focus on scrub habitat. Consequently, occurrence information of beach mice in scrub habitat was sparse even in the relatively recent past. However, scrub habitat is now known to be invaluable to beach mice and inclusion of this habitat in critical habitat is a main stimulus of this redesignation. Second, as the coastal dune environment changes dramatically through time, so do beach mouse populations. As dunes erode or build and habitat and food resources fluctuate in response to coastal processes such as erosion and tropical storm events, beach mouse populations respond accordingly, either through short or longterm movements, or through local extinctions. As habitat improves in the future, densities increase or beach mice recolonize the recovering areas. Because of this aspect of their biology, and the fact that so few natural areas remain but mice currently occupy these areas, these areas containing PCEs where beach mice had not been detected at the time of listing are important to the species' persistence. We have proposed only those areas that we believe to be essential for the conservation of the ABM. For these reasons listed above, we propose areas that were not known to be occupied at the time of listing, but contain one or more of the PCEs and are essential for the conservation of the beach mice.

We are proposing five areas as critical habitat for the ABM: (1) Fort Morgan State Historic Site and adjacent lands (hereafter referred to as Fort Morgan Unit), (2) lands along the rightofway of Fort Morgan Parkway (State Highway 180), and south of the Alabama Department of Environmental Management's Coastal Construction Control line (hereafter referred to as Little Point Clear Unit), (3) highelevation habitat in the Gulf Highlands (multifamily) area (Gulf Highlands Unit), (4) Bureau of Land Management properties and private inholdings within the Perdue Unit of the Refuge (hereafter referred to as Pine Beach), and (5) Gulf State Park Unit. Table 1 below provides the approximate area (acres/hectares) determined to meet the definition of critical habitat for the ABM.
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Table 1.Areas Determined To Meet the Definition of Critical Habitat for the Alabama Beach Mouse and the Area Proposed for Exclusion From the Final Critical Habitat Area proposed for exclusion Definitional from final Geographic area areas (acres/ designation Conservation plan type hectares) (acres/

FOR FURTHER INFORMATION CONTACT Acting Field Supervisor, U.S. Fish and Wildlife Service, 1208B Main Street, Daphne, AL 36526 (telephone 251 4415181, facsimile 2514416222) or visit our Web site at http://www.fws.gov/daphne/ .