Proposal to List Preble's Meadow Jumping Mouse as Threatened Flawed

Letter

Proposal to List Preble's Meadow Jumping Mouse as Threatened Flawed

The Hon. Dirk Kempthorne
Secretary
U.S. Department of the Interior
1849 C St., NW
Washington, D.C. 20240

Dear Secretary Kempthorne:

The recent proposal by the U. S. Fish and Wildlife Service (FWS) to list the Preble's Meadow Jumping Mouse as a threatened species in Colorado is fundamentally flawed. The proposed rule represents an egregious burden on Colorado's economy, ignores natural animal instinct, and is based on conflicting scientific evidence. It should, therefore, be rejected.

Moreover, it has come to my attention that a key reference cited by FWS in support of the Revised Rule is not within the possession of the FWS, let alone the public. Accordingly, I strongly urge you to revoke the Revised Rule. At the very least, this paper should be released to the public and the comment deadline on the Revised Rule should be extended for 90 days so the public has a proper opportunity to review and comment.

Specifically, the FWS references King et al. (in review) in the Revised Rule for the specious proposition that Preble's is indistinct from other subspecies of meadow jumping mice. That FWS would use information they do not even have in their possession to support the continued listing of this comment rodent is unconscionable. I understand requests to the Colorado Field Office for copies of King et al. (in review) have been unsuccessful. I'm told that FWS staff report that the author has not released this data and suggest that it may be obtained from the U.S. Geological Survey by the Freedom of Information Act (FOIA). The comment deadline on the Revised Rule of January 22, 2008 will have long passed by the time the public could FOIA for this information.

The federal protection of the Preble's Meadow Jumping Mouse will place an enormous burden on the citizens of Colorado, particularly farmers, ranchers, developers, water users, and private-property owners. Agricultural producers and Colorado's economy will be adversely affected by resulting delays in water development and storage projects. Moreover, the millions of dollars required for homebuilders to comply with these unneeded regulations will increase the price homebuyers pay for new homes and seriously impact an already fragile housing market.

Given the tremendous economic impacts to my constituents from this listing, and the controversy that has surrounded the delisting process, I urge you to revoke the Revised Rule and proceed with delisting Preble's in both Colorado and Wyoming. At the very least, the public should have an opportunity to review and comment on King et al. (in review).

Accordingly, please submit King et al. (in review) to me no later than Thursday, January 17. I would also appreciate your commitment that the content of this paper will not change during the course of any further proceedings. Finally, I urge you to extend the comment deadline for at least 90 days.

Sincerely,

Marilyn Musgrave
Member of Congress

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