This is an agency created in 1970 by Nixon. What constitutional power do they have ?
http://www.biokids.umich.edu/critters/Zapus_hudsonius/
and the Adirondack Ecological Center says they live lots of places -
Range and Habitat: The range is the southern half of Alaska, most of Canada, and the eastern two-thirds of the U.S. excluding much of the South. In the Adirondack Park, the meadow jumping mouse occurs from elevations to 700 m (2300 ft), and occasionally to 1220 m (4000 ft), in grassy shrubby sites such as meadows, fields, forest clearings and edges; the edges of swamps, marshes, and bogs. This species is especially abundant where ground cover is thick. The meadow jumping mouse builds nests of plant fibers 10-15 cm (4-6 in) in diameter, in clumps of grass, within the bases of hollow trees, in and under hollow logs, and underground to depths of 1 m (3 ft).
The ESA cites a host of treaties held at the UN for its statutory authority.