2000 Federal Register, 60879; Centralized Library: U.S. Fish and Wildlife Service

[Federal Register: October 13, 2000 (Volume 65, Number 199)]
[Rules and Regulations]
[Page 60879-60889]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc00-14]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AG26

Endangered and Threatened Wildlife and Plants; Establishment of a
Nonessential Experimental Population of Black-Footed Ferrets in North-
Central South Dakota

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the Fish and Wildlife Service (Service), in cooperation
with the Cheyenne River Sioux Tribe, the Forest Service, and the Bureau
of Indian Affairs (BIA), will reintroduce black-footed ferrets (Mustela
nigripes) into north-central South Dakota on the Cheyenne River Sioux
Reservation. The purposes of this reintroduction are to implement
actions required for recovery of the species and to evaluate and
improve reintroduction techniques and management applications. We will
release surplus captive-raised black-footed ferrets in October 2000,
and release additional animals annually for several years thereafter
until we establish a self-sustaining population. If this reintroduction
program is successful, a wild population could be established in 5
years or less. The Cheyenne River Sioux Reservation population is
established as a nonessential experimental population in accordance
with section 10(j) of the Endangered Species Act of 1973, as amended.
We will manage this population under provisions of this final special
rule.

DATES: The effective date of this rule is October 13, 2000.

ADDRESSES: You may inspect the complete file for this rule during
normal business hours at the U.S. Fish and Wildlife Service, Ecological
Services Office, 420 South Garfield Avenue, Suite 400, Pierre, South
Dakota 57501 or telephone 605/224-8693. You must make an appointment in
advance if you wish to inspect the file.

FOR FURTHER INFORMATION CONTACT: Mike Lockhart at 307/721-8805.

SUPPLEMENTARY INFORMATION:

Background

1. Legislative

Congress made significant changes to the Endangered Species Act of
1973 (Act), as amended, with the addition of section 10(j) to allow for
the designation of specific populations of listed species as
``experimental populations.'' Previously, we had authority to
reintroduce populations into unoccupied portions of a listed species'
historical range when doing so would foster the conservation and
recovery of the species. However, local citizens often opposed these
reintroductions because they were concerned about the placement of
restrictions and prohibitions on Federal and private activities. Under
section 10(j), the Secretary of the Department of the Interior can
designate reintroduced populations established outside the species'
current range but within its historical range as ``experimental.''
Based on the best available information, the Secretary will determine
whether such populations are ``essential,'' or ``nonessential,'' to the
continued existence of the species. Regulatory restrictions are
considerably reduced under a Nonessential Experimental Population (NEP)
designation.
Species listed as endangered or threatened are afforded protection
primarily through the prohibitions of section 9 and the requirements of
section 7. Section 9 of the Act prohibits the take of a listed species.
``Take'' is defined by the Act as harass, harm, pursue, hunt, shoot,
wound, trap, capture, or collect, or attempt to engage in any such
conduct. Section 7 of the Act outlines the procedures for Federal
interagency cooperation to conserve federally listed species and
designated critical habitats. It mandates all Federal agencies to
determine how to use their existing authorities to further the purposes
of the Act to aid in recovering listed species. It also states that
Federal agencies will, in consultation with the Service, ensure that
any action they authorize, fund, or carry out is not likely to
jeopardize the continued existence of a listed species or result in the
destruction or adverse modification of designated critical habitat.
Section 7 of the Act does not affect activities undertaken on private
lands unless they are authorized, funded, or carried out by a Federal
agency.
For the purposes of section 9 of the Act, a population designated
as experimental is treated as threatened regardless of the species'
designation elsewhere in its range. Threatened designation allows us
greater discretion in devising management programs and allows us to
adopt whatever regulations are necessary to provide for the
conservation of a threatened species. In these situations, the general
regulations applying most section 9 prohibitions to threatened species
do not apply to that species, and the special rule contains the
prohibitions and exceptions necessary and appropriate to conserve that
species. Regulations for NEP's are usually more compatible with human
activities in the reintroduction area.
For the purposes of section 7 of the Act, we treat NEP's as if the
population is proposed for listing, but we treat NEP's as threatened
species when they are located within a National Wildlife Refuge or
National Park. When NEP's occur outside of such refuges or parks,
Federal agencies are required to confer with the Service, in accordance
with section 7(a)(4) of the Act, on their actions that are likely to
jeopardize the continued existence of a proposed species. The results
of a conference are advisory in nature, and agencies are not restricted
from committing resources to projects regardless of conference findings
and recommendations.

[[Page 60880]]

Individuals used to establish an experimental population may come
from a donor population, provided their removal is not likely to
jeopardize the continued existence of the species, and appropriate
permits are issued in accordance with our regulations (50 CFR 17.22)
prior to their removal. In this case, the donor ferret population is a
captive-bred population, which was propagated with the intention of
reestablishing wild populations to achieve recovery goals. In addition,
wild progeny from other NEP areas (and also which originated from
captive sources) may be directly translocated to the reintroduction
site.

2. Biological

The black-footed ferret is a member of the Mustelid or weasel
family; has a black facemask, black legs, and a black-tipped tail; is
nearly 60 centimeters (2 feet) in length; and weighs up to 1.1
kilograms (2.5 pounds). It is the only ferret species native to North
America. The historical range of the species, based on specimen
collections, extends over 12 western States (Arizona, Colorado, Kansas,
Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota,
Texas, Utah, and Wyoming) and the Canadian Provinces of Alberta and
Saskatchewan. Prehistoric evidence indicates that ferrets once occurred
from the Yukon Territory in Canada to Mexico and Texas (Anderson et al.
1986).
Black-footed ferrets depend almost exclusively on prairie dogs for
food, shelter, and denning (Henderson et al. 1969, Forrest et al.
1985). The range of the ferret coincides with that of three prairie dog
species (Anderson et al. 1986), and ferrets with young have been
documented only in the vicinity of active prairie dog colonies.
Historically, black-footed ferrets have been reported in association
with black-tailed prairie dog (Cynomys ludovicianus), white-tailed
prairie dog (Cynomys leucurus), and Gunnison's prairie dog (Cynomys
gunnisoni) towns (Anderson et al. 1986).
Significant reductions in both prairie dog numbers and distribution
occurred during the last century due to widespread poisoning of prairie
dogs, the conversion of native prairie to farmland, and outbreaks of
sylvatic plague, particularly in the southern portions of prairie dog
ranges in North America. Sylvatic plague arrived from Asia in
approximately 1900. It is an exotic disease foreign to the evolutionary
history of prairie dogs, which have little or no immunity to it. Black-
footed ferrets also are highly susceptible to sylvatic plague. This
severe reduction in the availability of the ferret's principal prey, in
combination with other factors such as secondary poisoning from prairie
dog toxicants, resulted in the near extinction of the black-footed
ferret in the wild by 1980.
In 1974, a remnant wild population of ferrets in South Dakota,
originally discovered in 1964, abruptly disappeared. Afterwards, we
believed the species to be extinct; however, in 1981 a small population
of ferrets was discovered near Meeteetse, Wyoming. In 1985-1986, the
Meeteetse population declined to only 18 animals due to outbreaks of
sylvatic plague and canine distemper. Following this critical decline,
the remaining individuals were taken into captivity in 1986-1987 to
serve as founders for a captive-propagation program. Since that time,
captive-breeding efforts have been highly successful and have
facilitated ferret reintroductions in several areas of formerly
occupied range. Today, the captive population of juveniles and adults
fluctuates annually between 300 and 600 animals depending on the time
of year and on annual reproductive success and mortality. The captive
ferret population is currently divided among six captive-breeding
facilities throughout the United States and Canada, with a small number
of live animals on display for educational purposes at several zoos and
other facilities. Also, 65 to 90 ferrets are located at field-based
captive-breeding sites in Arizona, Colorado, New Mexico, and Montana.

3. Recovery Efforts

The recovery plan for the black-footed ferret (U.S. Fish and
Wildlife Service 1988) contains the following recovery objectives for
reclassification:
(a) Increasing the captive population of ferrets to 200 breeding
adults by 1991 (which has been achieved);
(b) Establishing a prebreeding population of 1,500 free-ranging
breeding adults in 10 or more different populations, with no fewer than
30 breeding adults in each population by the year 2010 (not achieved);
and
(c) Encouraging the widest possible distribution of reintroduced
animals throughout their historical range. Although several
reintroduction efforts have occurred throughout the ferret's range,
populations may have become self-sufficient at only one site in South
Dakota.
We can reclassify the black-footed ferret to threatened status when
the recovery objectives listed above have been achieved, assuming that
the mortality rate of established populations remains at or below a
rate at which new populations become established or increase. We have
been successful in rearing black-footed ferrets in captivity, and in
1997 we reached captive-breeding program objectives.
In 1988, we divided the single captive population into three
subpopulations to avoid the possibility of a catastrophic event
eliminating the entire captive population (e.g., contagious disease).
Additional breeding centers were added later, and presently there are
six separate subpopulations in captive-breeding facilities. Current
recovery priorities emphasize the reintroduction of animals back into
the wild from the captive source stock. Surplus individuals produced in
captivity are now available for release into reintroduction areas.

4. Reintroduction Sites

The Service, in cooperation with western State and Federal
agencies, Tribal representatives, and conservation groups, evaluates
potential black-footed ferret reintroduction sites and has previously
initiated ferret reintroduction projects at several sites within the
historical range of the black-footed ferret. The first reintroduction
project occurred in Wyoming in 1991, and subsequent efforts have taken
place in South Dakota and Montana in 1994, in Arizona in 1996, a second
effort in Montana in 1997, and in Colorado/Utah in 1999. The Service
and the Black-Footed Ferret Recovery Implementation Team (composed of
27 State and Federal agencies, Indian Tribes, and conservation
organizations) have identified the Cheyenne River Sioux Reservation as
a priority black-footed ferret reintroduction site due to its extensive
black-tailed prairie dog habitat and the absence of sylvatic plague.

(a) Cheyenne River Sioux Reservation Experimental Population
Reintroduction Area

The area designated as the Cheyenne River Sioux Reservation Black-
Footed Ferret Experimental Population Area (Experimental Population
Area) overlays all of Dewey and Ziebach Counties in South Dakota. The
boundaries of these Counties also are the boundaries of the Cheyenne
River Sioux Reservation. Within the Experimental Population Area, the
primary reintroduction area will be in large black-tailed prairie dog
complexes located along the Moreau River. The approximate center of the
Experimental Population Area is the town of Eagle Butte, the location
of Cheyenne River Sioux Tribal offices. Eagle Butte is

[[Page 60881]]

approximately 160 kilometers (100 miles) northwest of Pierre, the
capital of South Dakota.
The Experimental Population Area supports two large complexes of
black-tailed prairie dog colonies located within the two-county area.
These two counties encompass approximately 1,141,558 hectares
(2,820,751 acres). Approximately half or 574,752 hectares (1,420,193
acres) of the Experimental Population Area is Tribal Trust and Allotted
lands. The majority of this Tribal Trust and Allotted land,
approximately 90 percent or 505,875 hectares (1,250,000 acres), is
native rangeland used for grazing.
Some lands within the Experimental Population Area are owned by
private landowners (approximately 50 percent, although much less in the
primary reintroduction area). No ferrets will be released on private
lands. The Tribe and other Cooperators have agreed that if any ferrets
disperse onto private lands they will capture and translocate them to
Tribal lands if requested by the landowner or if necessary for
protection of the ferrets.
Black-footed ferret dispersal into areas outside of the
Experimental Population Area is unlikely due to the large size of the
Experimental Population Area, the absence of suitable nearby habitat
(few if any prairie dogs can be found to the south and west), cropland
barriers (e.g., expansive cultivation over the northern portion of the
Experimental Population Area), and physical barriers (e.g., the
Missouri River to the east). The Tribe estimates a total of
approximately 8,408 hectares (20,777 acres) of black-tailed prairie dog
colonies are potentially available to black-footed ferrets in the
Experimental Population Area and could support over 200 ferret families
(characterized as an adult female, three kits, and one-half an adult
male; i.e., one adult male for every two adult females). Large,
contiguous prairie dog colonies and the absence of physical barriers
between prairie dog colonies along the Moreau River (the primary ferret
release area) should facilitate ferret distribution throughout the
Moreau River Reintroduction Area.

(b) Primary Reintroduction Areas

In the early 1990s, the Tribe began development of a Prairie
Management Plan as a framework for managing the natural resources of
574,752 hectares (1,420,193 acres) of Tribal Trust lands within the
Cheyenne River Sioux Reservation boundaries (Cheyenne River Sioux Tribe
1992). The Prairie Management Plan included development of prairie dog
and black-footed ferret management strategies. Phase I of the Prairie
Management Plan accomplished initial prairie dog surveys along the
Moreau River in areas believed to be well-suited for ferret
reintroduction. Phase II surveys confirmed that prairie dog colonies
along the Moreau River are highly suitable for ferret releases due to
the number and size of prairie dog colonies, the spatial relationships
of prairie dog towns to each other, their location on Tribal Trust and
Allotted lands, their remoteness, and their distance from human
settlements (Cheyenne River Sioux Tribe 1999).
Recent surveys revealed 5,739 hectares (14,156 acres) of prairie
dog colonies within the Moreau River complex. In addition to the Moreau
River prairie dog complex, a secondary black-footed ferret release area
was identified to the south in the Southeast Parade Management Area, an
area that supports 2,280 hectares (6,621 acres) of black-tailed prairie
dog towns. This area requires further evaluation to ensure appropriate
conditions exist for future reintroductions of black-footed ferrets.
The Tribe selected the Moreau River prairie dog complex as the primary
ferret reintroduction area because of its location within the
historical range of the black-footed ferret, our determination that
ferrets are no longer present, the abundance of suitable ferret habitat
(lands containing active prairie dog colonies), the extensive amount of
land managed by the Tribe, and the area's isolation from human
activities.
The primary reintroduction area within the Experimental Population
Area generally includes lands along the Moreau River in Dewey and
Ziebach Counties in north-central South Dakota. Extensive ferret
surveys were conducted in this area in the 1980s and 1990s, but no
evidence of ferrets was found. There are no confirmed records of
ferrets occurring within the boundaries of the Experimental Population
Area since the early 1960s.
Black-footed ferrets will be released only if biological conditions
are suitable and meet the management framework developed by the Tribe,
in cooperation with the BIA, the Service, private landowners, and
Federal and State land managers. The Service will reevaluate ferret
reintroduction efforts in the Experimental Population Area should any
of the following conditions occur:
(i) Failure to maintain sufficient habitat on specific
reintroduction areas to support at least 30 breeding adults after 5
years.
(ii) Failure to maintain suitable prairie dog habitat available
within specific reintroduction areas.
(iii) A wild ferret population is found within the Experimental
Population Area following the initial reintroduction and prior to the
first breeding season. The only black-footed ferrets currently
occurring in the wild result from reintroductions in Wyoming, Montana,
Arizona, Utah/Colorado, and elsewhere in South Dakota over 100 miles
from the reintroduction site on Cheyenne River Tribal lands.
Consequently, the discovery of a black-footed ferret on the
experimental population area prior to the reintroduction would confirm
the presence of a new population and prevent designation of an
experimental population in the area.
(iv) Discovery of an active case of canine distemper or other
disease contagious to black-footed ferrets on or near the
reintroduction area prior to the scheduled release.
(v) Fewer than 20 captive black-footed ferrets are available for
release.
(vi) Funding is not available to implement the reintroduction phase
of the project on the Cheyenne River Sioux Reservation.
(vii) Land ownership changes significantly, or cooperators withdraw
from the project.
All of the above conditions will be based on information routinely
collected by us or the Tribe.

5. Reintroduction Procedures

The standard reintroduction protocol calls for the release of 20 or
more captive-raised, or wild-translocated black-footed ferrets in the
Experimental Population Area in the first year of the program, and 20
or more animals released annually for the next 2 to 4 years. Biologists
expect to release 50 or more ferrets in the first year and believe a
self-sustaining wild population could be established on the Cheyenne
River Sioux Reservation within 5 years. Released ferrets will be excess
to the needs of the captive-breeding program, and their use will not
affect the genetic diversity of the captive ferret population (ferrets
used for reintroduction efforts can be replaced through captive
breeding). In the future, it may be necessary to interchange ferrets
from established, reintroduced populations to enhance the genetic
diversity of the population on the Experimental Population Area.
Recent studies (Biggins et al. 1998, Vargas et al. 1998) have
documented the importance of outdoor ``precon- ditioning'' experience
on captive-reared ferrets prior to release in the wild. Ferrets exposed
to natural prairie dog burrows in outdoor pens and natural prey prior
to release survive in the wild at significantly higher rates than do

[[Page 60882]]

cage-reared, non-preconditioned ferrets. The Forest Service will
participate in the reestablishment of ferrets on the Cheyenne River
Sioux Reservation by preconditioning captive-raised ferrets in large
open-air pens on the Conata Basin District of the Buffalo Gap National
Grasslands in southwestern South Dakota. In these pens, young ferrets
are exposed to live prairie dogs, burrows, and other natural stimuli.
In addition, biologists may translocate up to 25 ferrets born in the
wild on the Buffalo Gap National Grasslands to the Cheyenne River Sioux
Reservation (if annual production levels of wild ferrets on Conata
Basin are sufficient to allow translocation of excess young).
The Tribe will develop specific reintroduction plans and submit
them to the Service as part of an established, annual black-footed
ferret allocation process. Ferret reintroduction cooperators submit
proposals by mid-March of each year, and the Service makes preliminary
allocation decisions (numbers of ferrets provided to specific projects)
by May. Proposals submitted to the Service include updated information
on habitat, disease, project/ferret status, proposed reintroduction and
monitoring methods, and predator management. In this manner, the
Service and reintroduction cooperators evaluate the success of prior
year efforts and apply current knowledge to various aspects of
reintroduction efforts, thereby providing greater assurance of long-
range reintroduction success.
We will transport ferrets to identified reintroduction areas within
the Experimental Population Area and release them directly from
transport cages into prairie dog burrows. Depending on the availability
of suitable vaccine, we will vaccinate released animals against certain
diseases (especially canine distemper) and take appropriate measures to
reduce predation from coyotes, badgers, and raptors, where warranted.
All ferrets we release will be marked with individually coded passive
integrated transponder tags, and we may promote use of radio-telemetry
studies to document ferret behavior and movements. Other monitoring
will include spotlight surveys, snow tracking surveys, and visual
surveillance.
Since captive-born ferrets are more susceptible to predation,
starvation, and environmental conditions than wild animals, up to 90
percent of the released ferrets could die during the first year of
release. Mortality is usually highest during the first month following
release. In the first year of the program, a realistic goal is to have
at least 25 percent of the animals survive the first winter.
The goal of the Cheyenne River Sioux Reservation reintroduction
project is to establish a free-ranging population of at least 30 adults
within the Experimental Population Area within 5 years of release. At
the release site, population demographics and potential sources of
mortality will be monitored on an annual basis (for up to 5 years). We
do not intend to change the nonessential designation for this
experimental population unless we deem this reintroduction a failure or
the black-footed ferret is recovered in the wild.

6. Status of Reintroduced Population

We determine this reintroduction to be nonessential to the
continued existence of the species for the following reasons:
(a) The captive population (founder population of the species) is
protected against the threat of extinction from a single catastrophic
event by housing ferrets in six separate subpopulations. As a result,
any loss of an experimental population in the wild will not threaten
the survival of the species as a whole.
(b) The primary repository of genetic diversity for the species is
240 adult ferrets maintained in the captive-breeding population.
Animals selected for reintroduction purposes are surplus to the captive
population. Hence, any use of animals for reintroduction efforts will
not affect the overall genetic diversity of the species.
(c) Captive breeding can replace any ferrets lost during this
reintroduction attempt. Juvenile ferrets produced in excess of the
numbers needed to maintain the captive-breeding population are
available for reintroduction.
This reintroduction will be the seventh release of ferrets back
into the wild in six experimental population areas. The other
experimental populations occur in Wyoming, southwestern South Dakota,
north-central Montana (with two separate reintroduction efforts),
Arizona, and Colorado/Utah (a single reintroduction area that overlays
both States). Reintroductions are necessary to further the recovery of
this species. The NEP designation alleviates landowner concerns about
possible land use restrictions. This nonessential designation provides
a flexible management framework for protecting and recovering black-
footed ferrets while ensuring that the daily activities of landowners
are unaffected.

7. Location of Reintroduced Population

Section 10(j) of the Act requires that an experimental population
be geographically separate from other wild populations of the same
species. Since the mid-1980s, the BIA and the Tribe conducted black-
footed ferret surveys in the Experimental Population Area. In addition
to these surveys, they spent many hours surveying prairie dog colonies
at the reintroduction site. No ferrets or ferret sign (skulls, feces,
trenches) were located. Therefore, we conclude that wild ferrets are no
longer present on the Experimental Population Area and that this
reintroduction will not overlap with any wild population.
All released ferrets and their offspring are expected to remain in
the Experimental Population Area due to the presence of prime habitat
(lands occupied by prairie dog colonies) and surrounding geographic
barriers. We will attempt to capture any ferret that leaves the
Experimental Population Area (in an attempt to identify its origin) and
will either return it to the release site, translocate it to another
site, or place it in captivity. If a ferret leaves the reintroduction
area, but remains within the Experimental Population Area, and occupies
private property, the landowner can request its removal. Ferrets will
remain on private lands only when the landowner does not object to
their presence.
We will mark all released ferrets and will attempt to determine the
source of any unmarked animals found. Any ferret found outside the
Experimental Population Area is considered endangered, as provided
under the Act. We will undertake efforts to confirm whether any ferret
found outside the Experimental Population Area originated from captive
stock. If the animal is unrelated to members of this or other
experimental populations (i.e., it is from noncaptive stock), we will
place it in captivity as part of the breeding population to improve the
overall genetic diversity of the captive population. Existing
contingency plans allow for the capture and retention of up to nine
ferrets that are not from captive stock. In the highly unlikely event
that a ferret from captive stock is found outside the Experimental
Population Area, we will move the ferret back to habitats that would
support the primary population(s) of ferrets.

8. Management

This reintroduction will be undertaken in cooperation with the
Cheyenne River Sioux Tribe, the BIA, and the Forest Service in
accordance with the ``Cooperative Management Plan

[[Page 60883]]

for Black-Footed Ferrets, Moreau River or Southeast Parade
Reintroduction Areas``Cheyenne River Sioux Reservation. Copies of the
Cooperative Management Plan may be obtained from the Prairie Management
Program Coordinator, P.O. Box 590, Eagle Butte, South Dakota 57625. In
the future, we will evaluate whether additional black-footed ferret
reintroductions are feasible within the Experimental Population Area
(over 45,000 total acres of occupied prairie dog habitat exist within
the Experimental Population Area). Cooperating agencies and private
landowners would be involved in the selection of any additional sites.
Management considerations of the reintroduction project include:

(a) Monitoring

Several monitoring efforts will occur during the first 5 years of
the program. We will annually monitor prairie dog distribution and
numbers, and test for the occurrence of sylvatic plague. Testing
resident carnivores (e.g., coyotes) for canine distemper will begin
prior to the first ferret release and continue each year. We will
monitor released ferrets and their offspring annually using spotlight
surveys, snowtracking, other visual survey techniques, and possibly
radio-telemetry on some individuals. The surveys will incorporate
methods to monitor breeding success and long-term survival rates.
Through public outreach programs, we will inform the public and
other appropriate State and Federal agencies about the presence of
ferrets in the Experimental Population Area and the handling of any
sick or injured animals. To meet our responsibilities to treat the
Tribe on a Government to Government basis, we will request that the
Tribe inform Tribal members of the presence of ferrets on Cheyenne
River Sioux Reservation lands, and the proper handling of any sick or
injured ferrets that are found. The Tribe will serve as the primary
point of contact to report any injured or dead ferrets. Reports of
injured or dead ferrets also must be provided to the Service Field
Supervisor (see ADDRESSES section). It is important that we determine
the cause of death for any ferret carcass found. Therefore, we request
that discovered ferret carcasses not be disturbed, but reported as soon
as possible to appropriate Tribal and Service offices.

(b) Disease

The presence of canine distemper in any mammal on or near the
reintroduction site will cause us to reevaluate the reintroduction
program. Prior to releasing ferrets, we will establish the presence or
absence of canine distemper in the release area by collecting at least
20 coyotes or other carnivores. Sampled predators will be tested for
canine distemper and other diseases.
We will attempt to limit the spread of distemper by discouraging
people from bringing unvaccinated pets into core ferret release areas.
Any dead mammal or any unusual behavior observed in animals found
within the area should be reported to us. Efforts are under way to
develop an effective canine distemper vaccine for black-footed ferrets.
Routine sampling for sylvatic plague in prairie dog towns will take
place before and during the reintroduction effort, and annually
thereafter.

Ferrets selected for reintroduction are excess to the needs of the
captive population. Experimental populations of ferrets are usually
less genetically diverse than overall captive populations. Selecting
and reestablishing breeding ferrets that compensate for any genetic
biases in earlier releases can correct this disparity. The ultimate
goal is to establish wild ferret populations with the maximum genetic
diversity possible from founder ferrets. The eventual interchange of
ferrets between established populations found elsewhere in the western
United States will ensure that genetic diversity is maintained to the
maximum extent possible.

(d) Prairie Dog Management

We will work with the Tribe, affected landowners, and other Federal
and State agencies to resolve any management conflicts in order to
maintain suitable prairie dog habitat on core release areas at or above
90 percent of the habitat levels as determined by the 1999 survey.

(e) Mortality

We will reintroduce only ferrets that are surplus to the captive-
breeding program. Predator control, prairie dog management,
vaccination, ferret preconditioning, and improved release methods
should reduce mortality. Public education will help reduce potential
sources of human-caused mortality.
The Act defines ``incidental take'' as take that is incidental to,
and not the purpose of, the carrying out of an otherwise lawful
activity. A person may take a ferret within the Experimental Population
Area provided that the take is unavoidable, unintentional, and was not
due to negligent conduct. Such conduct will not constitute ``knowing
take,'' and we will not pursue legal action. However, when we have
evidence of knowing (i.e., intentional) take of a ferret, we will refer
matters to the appropriate authorities for prosecution. Any take of a
black-footed ferret, whether incidental or not, must be reported to the
local Service Field Supervisor (see ADDRESSES section). We expect a low
level of incidental take since the reintroduction is compatible with
existing land use practices for the area.
Based on studies of wild black-footed ferrets at Meeteetse,
Wyoming, black-footed ferrets can be killed by motor vehicles and dogs.
We expect a rate of mortality similar to what was documented at
Meeteetse, and, therefore, we estimate a human-related annual mortality
rate of about 12 percent of all reintroduced ferrets and their
offspring. If this level is exceeded in any given year, we will develop
and implement measures to reduce the level of mortality.

(f) Special Handling

Service employees and authorized agents acting on their behalf may
handle black-footed ferrets for scientific purposes; to relocate
ferrets to avoid conflict with human activities; for recovery purposes;
to relocate ferrets to other reintroduction sites; to aid sick,
injured, and orphaned ferrets; and salvage dead ferrets. We will return
to captivity any ferret we determine to be unfit to remain in the wild.
We also will determine the disposition of all sick, injured, orphaned,
and dead ferrets.

(g) Coordination With Landowners and Land Managers

The Service and cooperators identified issues and concerns
associated with the ferret reintroduction before preparing this rule.
The reintroduction also has been discussed with potentially affected
State agencies and landowners within the release area. Affected State
agencies, landowners, and land managers have indicated support for the
reintroduction of ferrets in the Experimental Population Area as a NEP,
if land use activities in the Experimental Population Area are not
constrained without the consent of affected landowners.

(h) Potential for Conflict With Grazing and Recreational Activities

We do not expect conflicts between livestock grazing and ferret
management. Grazing and prairie dog management on private lands within
the Experimental Population Area will continue without additional
restriction

[[Page 60884]]

from implementation of ferret recovery activities. With proper
management, we do not expect adverse impacts to ferrets from hunting,
prairie dog shooting, prairie dog control, and trapping of furbearers
or predators within the Experimental Population Area. If proposed
prairie dog shooting or control will locally affect ferret prey base
within a specific area, project biologists will determine whether
ferrets could be impacted and, if necessary, take steps to avoid such
impacts. If private activities impede the establishment of ferrets, we
will work closely with the Tribe and landowners to develop appropriate
procedures to minimize conflicts.

(i) Protection of Black-Footed Ferrets

We will release ferrets in a manner that provides short-term
protection from natural (predators, disease, lack of prey base) and
human-related sources of mortality. Improved release methods,
vaccination, predator control, and management of prairie dog
populations should help reduce natural mortality. Releasing ferrets in
areas with little human activity and development will minimize human-
related sources of mortality. We will work with the Tribe and
landowners to help avoid certain activities that could impair ferret
recovery.

(j) Public Awareness and Cooperation

We will inform the general public of the importance of this
reintroduction project in the overall recovery of the black-footed
ferret. The designation of the NEP on the Cheyenne River Sioux
Reservation will provide greater flexibility in the management of
reintroduced ferrets. The NEP designation is necessary to secure needed
cooperation of the Tribe, landowners, agencies, and recreational
interests in the affected area. Based on the above information, and
using the best scientific and commercial data available (in accordance
with 50 CFR 17.81), the Service finds that releasing black-footed
ferrets into the Experimental Population Area will further the
conservation of the species.

Summary of Comments

In the July 18, 2000, proposed rule and associated notifications,
we requested all interested parties to submit factual reports or
information that might contribute to the development of a final rule.
Appropriate Federal and State agencies, Tribes, county governments,
environmental and agricultural organizations, and other interested
parties were contacted and requested to comment. Articles providing
information about the proposed rule and the opportunity for public
comment were published in South Dakota in the ``Midwest News,'' the
``Capitol Journal,'' the ``Timberlake Topic,'' the ``Eagle Butte
News,'' the ``West River Progress,'' and the ``Rapid City Journal.''
Information regarding the publication of the proposed rule as well as
the text of the rule itself was made available on the Region 6 website
>www.r6.fws.gov during the public comment period. A news interview with
South Dakota Public Radio was conducted by a representative of the
Cheyenne River Sioux Tribe.
We informed the Cheyenne River Sioux Tribe of the publication of
the proposal and the opportunity for public comment. Throughout
development of the proposal we maintained regular coordination with the
Cheyenne River Sioux Tribe and have received their full support in this
reintroduction. Public meetings were held by the Cheyenne River Sioux
Tribe on June 19 and 22, 2000, in Eagle Butte, South Dakota. Contacts
were made with the South Dakota Department of Game, Fish, and Parks
regarding the publication of the reintroduction proposal and the public
comment period. On July 15, 2000, a presentation about the proposal,
including the public comment period, was given to the South Dakota
Prairie Dog Working Group, a consortium of Federal and State agencies,
environmental organizations, and local agricultural groups interested
in black-tailed prairie dog and black-footed ferret conservation
issues. No requests for public hearings were made and no public
comments were received on this proposal.

Required Determinations

Regulatory Planning and Review

In accordance with the criteria in Executive Order 12866, the rule
to designate NEP status for the black-footed ferret reintroduction into
north-central South Dakota is not a significant regulatory action
subject to Office of Management and Budget review. This rule will not
have an annual economic effect of $100 million and will not have an
adverse effect upon any economic sector, productivity, jobs, the
environment, or other units of government. Therefore, a cost-benefit
and economic analysis is not required.
All the lands within the NEP area are within the Cheyenne River
Sioux Reservation, and the specific lands where ferrets will actually
be released are Tribal Trust and Allotted lands. Other public areas in
the NEP include South Dakota school lands, South Dakota Department of
Game, Fish, and Parks lands, and U.S. Army Corps of Engineers lands.
Most of the prairie dogs within the NEP area occur on Tribal Trust and
Allotted lands, and those occurring on other lands are not needed for a
successful ferret release. Land uses on private, Tribal, and State
school lands will not be hindered by the reintroduction, and only
voluntary participation by private landowners will occur.
This rule will not create inconsistencies with other agencies'
actions or otherwise interfere with an action taken or planned by
another agency. Federal agencies most interested in this rulemaking are
primarily other Department of the Interior bureaus (i.e., Bureau of
Land Management and BIA) and the Department of Agriculture (Forest
Service). The action allowed by this rulemaking is consistent with the
policies and guidelines of the other Interior bureaus. Because of the
substantial regulatory relief provided by the NEP designation, we
believe the reintroduction of the black-footed ferret in the areas
described will not conflict with existing human activities or hinder
public utilization of the area.
This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
This rule will not raise novel legal or policy issues. The Service has
previously designated experimental populations of black-footed ferrets
at five other locations (in Colorado/Utah, Montana, South Dakota,
Arizona, and Wyoming) and for other species at numerous locations
throughout the nation.

Regulatory Flexibility Act

The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The area affected by this rule consists of Dewey and Ziebach Counties,
South Dakota. A majority of the area affected by this rule is within
the Cheyenne River Sioux Reservation, which is administered by the
Tribe.
Reintroduction of ferrets allowed by this rule will not have any
significant effect on recreational activities in the experimental area.
We do not expect any closures of roads, trails, or other recreational
areas. Suspension of prairie dog shooting for ferret management
purposes will be localized and prescribed by the Tribe. We do not
expect ferret reintroduction activities to affect grazing operations,
resource development actions, or the status of any other plant or
animal species within the release area.

[[Page 60885]]

Because participation in ferret reintroduction by private
landowners is voluntary, this rulemaking is not expected to have any
significant impact on private activities in the affected area. The
designation of a NEP in this rule will significantly reduce the
regulatory requirements regarding the reintroduction of ferrets on the
Cheyenne River Sioux Reservation, will not create inconsistencies with
other agency actions, and will not conflict with existing or proposed
human activity, or Tribal and public uses of the land.

Small Business Regulatory Enforcement Fairness Act

This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule will not have
an annual effect on the economy of $100 million or more for reasons
outlined above. It will not cause a major increase in costs or prices
for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions. The rule does not have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based
enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

The nonessential experimental population designation will not place
any additional requirements on any city, county, or other local
municipalities. The site designated for release of the experimental
population is predominantly Cheyenne River Sioux Tribal Trust and
Allotted land administered by the Cheyenne River Sioux Tribe, who
support this project. Some South Dakota State school lands may also be
affected.
The State of South Dakota has expressed support for accomplishing
the reintroduction through a nonessential experimental designation.
Accordingly, this rule will not ``significantly or uniquely'' affect
small governments. A Small Government Agency Plan is not required.
Because this rulemaking does not require any action be taken by
local or State government or private entities, we have determined and
certify pursuant to the Unfunded Mandates Reform Act, 2, U.S.C. 1502 et
seq., that this rulemaking will not impose a cost of $100 million or
more in any given year on local or State governments or private
entities (i.e., it is not a ``significant regulatory action'' under the
Act).

Takings

In accordance with Executive Order 12630, the rule does not have
significant takings implications.
Designating reintroduced populations of federally listed species as
NEP's significantly reduces the Act's regulatory requirements with
respect to the reintroduced listed species within the NEP. Regulatory
relief can be provided regarding take of reintroduced species within
NEP areas, and a special rule has been developed stipulating that
unavoidable and unintentional take (including killing or injuring) of
the reintroduced black-footed ferrets would not be a violation of the
Act, when such take is nonnegligent and incidental to a legal activity
(e.g., livestock management, mineral development) and the activity is
in accordance with State laws and regulations.
Most of the lands within the Experimental Population Area are
administered by the Cheyenne River Sioux Tribe. Multiple-use management
of these lands by industry and recreation interests will not change as
a result of the experimental designation. Private landowners within the
Experimental Population Area will still be allowed to conduct lawful
control of prairie dogs, and may elect to have black-footed ferrets
removed from their land should ferrets move onto private lands.
Because of the substantial regulatory relief provided by NEP
designations, we do not believe the reintroduction of ferrets would
conflict with existing human activities or hinder public use of the
area. A takings implication assessment is not required.

Federalism

In accordance with Executive Order 13132, the rule does not have
significant Federalism implications to warrant the preparation of a
Federalism Assessment. As stated above, most of the lands within the
Experimental Population Area are Tribal Trust and Allotted lands, and
multiple-use management of these lands will not change to accommodate
black-footed ferrets. The designation will not impose any new
restrictions on the State of South Dakota. The Service has coordinated
extensively with the Tribe and State of South Dakota, and they endorse
the NEP designation as the only feasible way to pursue ferret recovery
in the area. A Federalism Assessment is not required.

Civil Justice Reform

In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.

Paperwork Reduction Act

This regulation contains collection of information requiring Office
of Management and Budget (OMB) approval under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. This information collection has been
approved by OMB and has been assigned OMB control number 1018-0095. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.

National Environmental Policy Act

We have analyzed this rule in accordance with the criteria of the
National Environmental Policy Act of 1969 (NEPA). We have prepared an
Environmental Assessment (EA) as defined under the authority of NEPA,
which is available from Service offices identified in the ADDRESSES
section. In that EA we determined that this rule does not constitute a
major Federal action significantly affecting the quality of the human
environment.

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951) and 512 DM 2, we have closely coordinated
this rule with the Cheyenne River Sioux. Throughout development of this
rule, we maintained regular contact with the Cheyenne River Sioux Tribe
and have received their full support in this reintroduction.

Effective Date

We have waived the 30-day delay between publication of this final
rule and its effective date as provided in the Administrative Procedure
Act (5 U.S.C. 533(d)(3)). This is necessary to ensure that ferret kits
are released on the Cheyenne River Sioux Reservation at the most
biologically favorable time possible. Previous ferret releases and
scientific study have demonstrated that ferret survival is markedly
enhanced by adequate preconditioning of kits in outdoor pens between
60-90 days of age and subsequent release into the wild from about 120-
140 days of age.
The bulk of the annual production of captive-reared ferrets for the
year 2000 was completed between mid-May to mid-June. To facilitate the
reintroduction of ferrets on the

[[Page 60886]]

Cheyenne River Sioux Reservation site in 2000, we have allocated
ferrets from later litters. However, in order to ensure that ferrets
are reintroduced as close to optimal age as possible, it will be
necessary to release allocated ferrets by October 2000.
A substantial delay of releasing ferrets at optimal ages would
necessitate the transfer of allocated ferrets to other reintroduction
sites and would postpone reintroduction efforts on the Cheyenne River
Sioux Reservation until 2001. Such an action would substantially impact
our ferret reintroduction efforts for the year 2000 and would retard
overall species recovery. Good cause exists under 5 U.S.C. 553(d) for
the rule to be effective immediately upon publication.

References Cited

Anderson E., S.C. Forrest, T.W. Clark, and L. Richardson. 1986.
Paleobiology, biogeography, and systematics of the black-footed
ferret Mustela nigripes (Audubon and Bachman), 1851. Great Basin
Naturalist Memoirs 8:11-62.
Biggins, D.E., J.L. Godbey, L.R. Hanebury, B. Luce, P.E. Marinari,
M.R. Matchett, A. Vargas. 1998. The effects of rearing methods on
survival of reintroduced black-footed ferrets. Journal of Wildlife
Management 62:643-653.
Cheyenne River Sioux Tribe. 1992. Prairie Management Plan for the
Cheyenne River Sioux Reservation. 54 pages.
Cheyenne River Sioux Tribe. 1999. Prairie Management Plan: Phase II
for the Cheyenne River Sioux Reservation. 37 pages.
Forrest, S.C., T.W. Clark, L. Richardson, and T.M. Campbell III.
1985. Black-footed ferret habitat: some management and
reintroduction considerations. Wyoming Bureau of Land Management,
Wildlife Technical Bulletin, No. 2. 49 pages.
Henderson, F.R., P.F. Springer, and R. Adrian. 1969. The black-
footed ferret in South Dakota. South Dakota Department of Game, Fish
and Parks, Technical Bulletin 4:1-36.
U.S. Fish and Wildlife Service. 1988. Black-footed ferret recovery
plan. Denver, Colorado. 154 pages.
Vargas, A., M. Lockhart, P. Marinari, and P. Gober. 1998. Preparing
captive-raised black-footed ferrets (Mustela nigripes) for survival
after release. Jersey Wildlife Preservation Trust 34:76-83.

Authors

The primary authors of this rule are Mike Lockhart at telephone
307/721-8805 and Scott Larson (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.

Special Regulations Promulgation

Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the U.S. Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Amend section 17.11(h) by revising the existing entry for
``Ferret, black-footed'' under ``MAMMALS'' to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *
(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals

* * * * * * *
Ferret, black-footed............. Mustela nigripes.... Western U.S.A., Entire, except where E 1, 3, 433, NA NA
Western Canada. listed as an 545, 546,
experimental 582, 646,
population. 703
Do........................... ......do............ ......do............ U.S.A. (specified XN 433, 545, NA 17.84(g)
portions of AZ, CO, 546, 582,
MT, SD, UT, and WY, 646, 703
see 17.84(g)(9)).

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

3. Amend section 17.84 as follows: Revise the text of paragraph
(g)(1) and add paragraphs (g)(6)(vi), (g)(9)(vi), and a new map to
follow the five existing maps at the end of paragraph (g):

Sec. 17.84 Special rules--vertebrates.

* * * * *
(g) Black-footed ferret (Mustela nigripes).
(1) The black-footed ferret populations identified in paragraphs
(g)(9)(i) through (vi) of this section are nonessential experimental
populations. We will manage each of these populations in accordance
with their respective management plans.
* * * * *
(6) * * *
(vi) Report such taking in the Cheyenne River Sioux Tribe
Experimental Population Area to the Field Supervisor, Ecological
Services, U.S. Fish and Wildlife Service, Pierre, South Dakota
(telephone 605/224-8693).
* * * * *
(9) * * *
(vi) The Cheyenne River Sioux Tribe Reintroduction Area is shown on
the map of north-central South Dakota at the end of paragraph (g) of
this section. The boundaries of the nonessential experimental
population area are the exterior boundaries of the Cheyenne River Sioux
Reservation which includes all of Dewey and Ziebach Counties, South
Dakota. Any black-footed ferret found in the wild within these counties
will be considered part of the nonessential experimental population
after the first breeding season following the first year of black-
footed ferret release. A black-footed ferret occurring outside the
Experimental Population Area in north-central South Dakota would
initially be considered as endangered but may be captured for genetic
testing. When a ferret is found outside the Experimental Population
Area, the following may occur:
(A) If an animal is genetically determined to have originated from
the experimental population, we may return

[[Page 60887]]

it to the reintroduction area or to a captive-breeding facility.
(B) If an animal is determined to be genetically unrelated to the
experimental population, we will place it in captivity under an
existing contingency plan. Up to nine black-footed ferrets may be taken
for use in the captive-breeding program.
* * * * *

BILLING CODE 4310-55-P

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[GRAPHIC] [TIFF OMITTED] TR13OC00.006

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* * * * *

Dated: September 28, 2000.
Kenneth L. Smith,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 00-26349 Filed 10-12-00; 8:45 am]
BILLING CODE 4310-55-C