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Sometimes described as the 3-inch mouse with a 5-inch tail, the Preble's meadow jumping mouse, which can jump up to 3 feet to evade predators, is found along the foothills in southeastern Wyoming southward along the eastern edge of the Front Range of Colorado. It inhabits well-developed riparian areas with relatively undisturbed grassland communities and a nearby water source.

The Preble's meadow jumping mouse was listed as a threatened species under the Endangered Species Act in 1998 because much of its habitat had been destroyed by development. But the Fish and Wildlife Service proposed delisting the species in 2005, after a study concluded the Preble's mouse was identical to a more common jumping mouse.

Kent Holsinger, an attorney who represents Coloradans for Water Conservation and Development, which petitioned the Fish and Wildlife Service to remove the Preble's meadow jumping mouse from the endangered species list in 2003, stood by the findings of that study.

"We strongly oppose the revision to the proposed rule to delist," Holsinger said. "I believe it was not based on the best scientific commercial data available and question how the service has distinguished between Colorado and Wyoming populations of what are alleged to be the same mouse in such a proposed revision of this rule."

Decisions under review

Though officials did not mention it Monday, the proposal to remove ESA protections for Preble's was one of eight decisions the service agreed to review after questions were raised about the integrity of the scientific information used by the Fish and Wildlife Service. The decisions in question were overseen by Julie MacDonald, a former deputy assistant secretary for fish and wildlife and parks who has been accused of exercising improper influence over FWS decision (Land Letter, Nov. 29).

Further studies reaffirmed that the Preble's meadow jumping mouse is indeed a distinct subspecies, and the Fish and Wildlife Service unveiled a proposal last month that would maintain federal protections for the mouse in Colorado. FWS determined that Colorado meets the definition of a "significant portion of its range" outlined in a March Interior Department solicitor opinion, so the agency has decided to lift protections in Wyoming, where threats from development and population growth are not as great.

Two speakers from the Center for Native Ecosystems, a Denver-based environmental group, urged officials to retain protections for the mouse in Wyoming.

"The service has proposed to delist along a political boundary, even though its own research found that the mouse remains rare in the South Platte watershed in Wyoming. The agency also relies on a brand new Bush administration interpretation of the act that, among other things, directs the service to ignore a species' historical range. Instead, the service should direct its time and energy toward finalizing and implementing the recovery plan," said biologist Erin Robertson. "It makes no sense for mice to lose protections once they jump across the state line."

The Fish and Wildlife Service released a preliminary draft recovery plan for the mouse in 2003, but no further action on a recovery plan has been taken since then. The service will move forward with a recovery plan if the mouse remains listed under the Endangered Species Act, according to FWS biologist Pete Plage.

The only other speaker was Mark Johnston, the deputy director of environmental services of El Paso County, who read a statement from the county commissioners.

"El Paso County continues to support the delisting of Preble's meadow jumping mouse in both Wyoming and in Colorado," Johnston said. "In addition, El Paso County reiterates its concern that significant voluntary preservation measures implemented along the Front Range in general and El Paso County specifically have not been taken into account in the delisting process."

If the Fish and Wildlife Service decision stands, developers and property owners in Colorado would continue to be required to conduct surveys for the mouse's presence and avoid disturbing mouse habitat.

Officials are expected to make a final determination by June 30, 2008. The agency is taking public comments through Jan. 22, 2008.

Gable is an independent energy and environmental writer in Woodland Park, Colo.

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