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How Preble’s Mouse Hopped Back into Protection

Relisting in Wyoming of the Preble's meadow jumping mouse tells much about how EPA protections arise.

By New West Editor, 8-05-11

Preble's meadow jumping mouse (<i>Zapus hudsonius preblei</i>). Photo courtesy of United States Fish and Wildlife Service.

Preble's meadow jumping mouse (Zapus hudsonius preblei). Photo courtesy of United States Fish and Wildlife Service.

The reinstatement on Saturday, Aug. 6, of protection under the Endangered Species Act (ESA) for a mouse in Wyoming might seem a small move, but it encapsulates many of the special interest considerations that dominate land use decisions in the West.

The issue, which goes back several years, revolves around the familiar question of what “best science” means. Government agencies, the courts, the media, and biologists themselves have weighed into the debate, closely attended by conservationists, ranchers, and politicians.

The animal in question, the Preble’s meadow jumping mouse, is found exclusively in riparian habitats between Casper, Wyoming and Colorado Springs, Colorado, much of it privately owned.

To communicate, the small rodent stands on its hind legs and drums its tail, which comprises about sixty percent of its body length. It bounds on big feet like a kangaroo, covering up to four feet in one hop.

Discovered in Colorado in 1899 by Edward A. Preble, the mouse was scientifically established as a subspecies in 1954. Since the 1970s, the ESA has allowed the listing of subspecies for protection.

Currently, there are a dozen recognized subspecies of the meadow jumping mouse. Preble’s mouse was listed as threatened in 1998, after which the real trouble began.

In 2002, the U.S. Fish and Wildlife Service proposed to designate 57,000 acres of critical habitat for the rodent, but that figure was reduced to about 26,000 acres the following year.

In 2003, a survey appeared in the scientific journal, Conservation Biology, that showed 379 landowners had degraded as much habitat as they had enhanced for the mouse after its listing. “Private landowners’ responses suggested that the current regulatory approach to rare species conservation is insufficient to protect the Preble’s mouse,” wrote Amara Brook, Michaela Zint and Raymond De Young of the University of Michigan in Ann Arbor.

“This work suggests that listing the mouse may have done more harm than good,” a Conservation Magazine article about the study concluded. “Better approaches may include letting landowners know how conserving the mouse’s habitat can benefit them, reimbursing landowners for the cost of fencing to keep cows away from riparian areas, and reducing landowners’ fears of regulation by including them in the conservation decision-making process.”

In 2005, Rob Roy Ramey of the Denver Museum of Nature and Science and colleagues published a paper in Animal Conservation that contended the Preble’s mouse was not a distinct subspecies.

The following year, Animal Conservation published two papers on the topic in its August issue. One, by University of Washington biologist S. N. Vignieri and colleagues, implied that the paper by Ramey and colleagues was a politically motivated attempt to roll back ESA protections for geographically isolated subspecies.

The authors wrote that Ramey’s group “dismissed the geographic isolation of this population as unimportant, ignored most of the diagnostic characters initially cited in the taxon’s original description by Krutzsch (1954), concluded without data or citation a lack of ecological distinctiveness of this population, and finally misinterpreted the morphological and molecular data they presented.”

The second paper was a response by Ramey’s team defending its work and pointing out that the 1954 classification of Preble’s mouse as a subspecies was “based on measurements of only three skulls and comparisons of only four skins – sample sizes that no modern taxonomist would accept.”

This controversy occupied interested parties for some time, including bloggers, landowners, the scientific community, and government agencies.

In 2006, University of Wyoming surveys of Preble mouse populations in that state showed a significant rise in 2005 compared to previous annual surveys going back to 1996.

In November 2007, the U.S. Fish and Wildlife Service (USFWS) proposed removing protection from the subspecies in Wyoming, but continuing it in Colorado. The proposal was based on an interpretation of ESA that allowed the agency to place protections on those parts of a species’ range where the agency believed it was most threatened.

The Wyoming populations were delisted in 2008. The following year, conservation groups sued. Two subsequent court rulings invalidated the USFWS interpretation of the so-called “significant portion of range” policy, after which the agency requested court permission to reinstate protections for the mouse in Wyoming.

Eventually, the Ramey study was discredited by an independent panel of genetics experts, according to the Center for Biological Diversity, a leading opponent of delisting in the lawsuit. The panel not only found that the Ramey samples had been contaminated, but seconded the conclusion of a federal study that Preble’s mouse was genetically distinct from other meadow jumping mouse subspecies.

Late last year, USFWS increased the mouse’s critical habitat to about 35,000 acres in Colorado, followed now by the reinstatement of Wyoming protections.

“This is a great day for wildlife,” Duane Short of the Biodiversity Conservation Alliance of Laramie, Wyoming told the Center for Biological Diversity. “Wyoming streamside habitats offer the best chance for survival of the jumping mouse, and especially with Colorado jumping mouse populations decimated by development, it is critical to protect this rare animal where it has the best chance to survive.”

Others weren’t so exultant.

“The Endangered Species Act designations are said to be based on the ‘best available’ science,” a press release from the office of U.S. Representative Cynthia Lummis (R-Wyo.) said. “Today’s relisting announcement by the USFWS is another reminder that many listings are actually based on the best available lawyer.”

The release declared, “These designations are now mostly driven by the courts instead of wildlife experts, which was never the original intent of the ESA.”



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