2000 Federal Register, 44509; Centralized Library: U.S. Fish and Wildlife Service

[Federal Register: July 18, 2000 (Volume 65, Number 138)]
[Proposed Rules]
[Page 44509-44518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy00-28]

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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; Proposed
Establishment of a Nonessential Experimental Population of Black-Footed
Ferrets in North-Central South Dakota

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; availability of supplementary information.

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[[Page 44510]]

SUMMARY: We, the Fish and Wildlife Service (Service), in cooperation
with the Cheyenne River Sioux Tribe, the U.S. Forest Service, and the
Bureau of Indian Affairs, propose to reintroduce black-footed ferrets
(Mustela nigripes) into north-central South Dakota on the Cheyenne
River Sioux Reservation. We also announce the availability of the draft
environmental assessment for this action. 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. If this rule is finalized, we will release
surplus captive-raised black-footed ferrets in 2000, if possible, 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 would be
established as a nonessential experimental population in accordance
with section 10(j) of the Endangered Species Act of 1973, as amended.
We would manage this population under provisions of this proposed
special rule.

DATES: Comments on both the proposed rule and the draft environmental
assessment must be received by August 17, 2000.

ADDRESSES: Send your comments on this proposed rule or on the draft
environmental assessment to Pete Gober, Field Supervisor, or Scott
Larson, Fish and Wildlife Biologist, U.S. Fish and Wildlife Service,
Ecological Services Office, 420 South Garfield Avenue, Suite 400,
Pierre, South Dakota 57501 or telephone 605/224-8693. We request that
you identify whether you are commenting on the proposed rule or draft
environmental assessment. Comments received will be available for
public inspection, by appointment, during normal business hours at the
above address. You may obtain copies of the draft environmental
assessment from the above address or by calling 605/224-8693.

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, in 1984 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, insure 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. Through section 4(d) of the Act,
threatened designation allows us greater discretion in devising
management programs and special regulations for such a population.
Section 4(d) of the Act 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 4(d) rule contains the prohibitions and exemptions
necessary and appropriate to conserve that species. Regulations issued
under section 4(d) for NEP's are usually more compatible with routine
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 as a result of a conference.
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 which also originated from
captive sources) may be directly translocated to the proposed
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 dog
colonies for food, shelter, and denning (Henderson et al. 1969, Forrest
et al. 1985). The range of the ferret coincides with that of prairie
dogs (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

[[Page 44511]]

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 several
species 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, who have little or no immunity to
it. Black-footed ferrets are also highly susceptible to sylvatic
plague. This severe reduction in the availability of the ferret's
principal prey species, 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.
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, yearly reproductive success, and annual mortalities. The
captive ferret population is currently divided among six captive
breeding facilities throughout the United States and Canada, with a
small number on display for educational purposes at several facilities.
Also, 65 to 90 ferrets are located at several field-based captive
breeding sites in Arizona, Colorado, New Mexico, and Montana.
3. Recovery Goals/Objectives: 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 captivity. 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 use on 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 (Reservation) as a priority black-footed ferret
reintroduction site due to its extensive black-tailed prairie dog
habitat and the absence of sylvatic plaque.
(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 are also the
boundaries of the Reservation. Within the Experimental Population Area,
the proposed 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
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, which is 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 the
protection of the ferrets.
Black-footed ferret dispersal to and occupation of 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

[[Page 44512]]

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 and Allotted lands within the 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. Follow up 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 and Allotted Trust 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 research to ensure appropriate
conditions exist prior to conducting 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 Bureau of Indian Affairs, 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 that was
available on specific reintroduction areas in 1999.
(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,
South Dakota, Arizona, and Utah/Colorado. Consequently, the discovery
of a black-footed ferret at the proposed experimental population area
prior to the reintroduction would confirm the presence of a new
population, which would prevent the 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) Less than 20 captive black-footed ferrets are available for the
first 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. However, if the proposal is
finalized, biologists expect to release 50 or more ferrets in the first
year and believe a self-sustaining wild population could be established
on the 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 ``preconditioning'' 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 cage-
reared, non-preconditioned ferrets. The U.S. 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 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 in a proposal 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 holes. 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 passive integrated
transponder tags (PIT tags), and we may promote use of radio-telemetry
studies

[[Page 44513]]

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.
The proposed reintroduction would 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,
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 proposed
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 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
there.
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 non-captive 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 any 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 Bureau of Indian
Affairs, and the U.S. Forest Service in accordance with the
``Cooperative Management Plan 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
proposed 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 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 must
also 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.

[[Page 44514]]

(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 (and possibly 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.
(c) Genetics: 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 that is 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: (1) Maintain sufficient prairie dog
acreage and density to support no less than 30 adult black-footed
ferrets; and (2) maintain suitable prairie dog habitat on core release
areas at or above 1999 survey levels.
(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, annually. 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 proposed
ferret reintroduction before preparing this proposed rule. The proposed
reintroduction also has been discussed with potentially affected State
agencies and landowners within the proposed release area. Affected
State agencies, landowners, and land managers have indicated support
for the reintroduction, if ferrets released in the Experimental
Population Area are an NEP, and 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 during implementation of the 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 in the Experimental Population
Area. If proposed prairie dog shooting or control locally affect ferret
prey base within a specific area, State, Tribal, and Federal 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
would provide greater flexibility in the management of the 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.

Public Comments Solicited

Black-footed ferret kits targeted for wild release are introduced
into preconditioning pens at 40-90 days of age and released at about
120 to 140 days. It is imperative that ferrets kits are preconditioned
and released at proper developmental ages to enhance their survival in
the wild. Because of earlier than usual ferret production at captive
breeding centers in the United States and Canada (as of early June
2000), it has become urgent to expedite this nonessential, experimental
rulemaking

[[Page 44515]]

process in order to ensure that an adequate number of ferrets can be
released at proper ages and with adequate preconditioning experience on
the Cheyenne River Sioux Experimental Population Area. Consequently, we
are proposing a 30-day public comment period for the proposed rule
instead of the standard 60 days.
The Service wishes to ensure that this proposed rulemaking to
designate the Cheyenne River Sioux Reservation black-footed ferret
population as an NEP and the draft environmental assessment on the
proposed action effectively evaluate all potential issues associated
with this action. Therefore, we request comments or recommendations
concerning any aspect of this proposed rule and the draft environmental
assessment from the public, as well as Tribal, local, State, and
Federal government agencies, the scientific community, industry, or any
other interested party. Comments should be as specific as possible. To
promulgate a final rule to implement this proposed action and to
determine whether to prepare a finding of no significant impact or an
environmental impact statement, we will take into consideration all
comments and any additional information received. Such information may
lead to a final rule that differs from this proposal.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the rulemaking record, which we will honor to
the extent allowable by law. In some circumstances, we would withhold
from the rulemaking record a respondent's identity, as allowable by
law. If you wish for us to withhold your name and/or address, you must
state this request prominently at the beginning of your comment.
However, we will not consider anonymous comments. We will make all
submissions from organizations or businesses, available for public
inspection in their entirety.

Public Hearings

You may request a public hearing on this proposal. Your request for
a hearing must be made in writing and filed within 20 days of the date
of publication of the proposal in the Federal Register. Such requests
for a hearing must be made in writing and addressed to the South Dakota
State Field Supervisor for the Fish and Wildlife Service in Pierre,
South Dakota (see ADDRESSES section).

Required Determinations

1. Regulatory Planning and Review
In accordance with the criteria in Executive Order 12866, the
proposed 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 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 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 proposal, 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 the Department of Agriculture (Forest Service).
The action proposed 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.
2. 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 plants or
animal species within the release area. Because only voluntary
participation in ferret reintroduction by private landowners is
proposed, this rulemaking is not expected to have any significant
impact on private activities in the affected area. The designation of
an NEP in this rule will significantly reduce the regulatory
requirements regarding the reintroduction of these ferrets, will not
create inconsistencies with other agency actions, and will not conflict
with existing or proposed human activity, or Tribal and public use of
the land.
3. Small Business Regulatory Enforcement Fairness Act (SBREFA)
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 U.S.-based enterprises to
compete with foreign-based enterprises.
4. 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 land
administered by the Cheyenne River Sioux Tribe, who

[[Page 44516]]

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).
5. Takings
In accordance with Executive Order 12630, the rule does not have
significant takings implications. Designating reintroduced populations
of federally listed species as NEPs significantly reduces the Act's
regulatory requirements with respect to the reintroduced listed species
within the NEP. Under NEP designations, the Act requires a Federal
agency to confer with the Service if the agency determines its action
within the NEP is likely to jeopardize the continued existence of the
reintroduced species. However, even if an agency action totally
eliminated a reintroduced species from an NEP and jeopardized the
species' continued existence, the Act does not compel a Federal agency
to stop a project, deny issuing a permit, or cease any activity.
Additionally, 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 to 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. The South Dakota Department of Game, Fish and Parks has endorsed
the ferret reintroduction under an NEP designation. The NEP designation
will not require the South Dakota Department of Game, Fish and Parks to
specifically manage for reintroduced ferrets. A takings implication
assessment is not required.
6. 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 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.
7. Civil Justice Reform
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that the rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
8. Paperwork Reduction Act
This regulation contains information collection requirements under
the Paperwork Reduction Act (and approval by the Office of Management
and Budget) under 44 U.S.C. 3501 et seq. Authorization for 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 current valid OMB control number. OMB has up to 60
days to approve or disapprove the information collection but may
respond after 30 days. Therefore, to ensure maximum consideration, you
must send your comments to OMB by the above referenced date.
9. National Environmental Policy Act
The Service has prepared a draft environmental assessment as
defined under authority of the National Environmental Policy Act of
1969. It is available from Service offices identified in the ADDRESSES
section.
10. Clarity of This Regulation
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping or order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to understand if it were divided
into more (but shorter) sections? (5) Is the description of the rule in
the ``''Supplementary Information'' section of the preamble helpful in
understanding the proposed rule? What else could we do to make the rule
easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street NW, Washington, DC 20240. You
may also e-mail the comments to this address: Execsec@ios.doi.gov

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

[[Page 44517]]

Department of Game, Fish and Parks, Technical Bulletin 4:1-36.
U.S. Fish and Wildlife Service. 1988. Black-footed ferret recovery
plan. U.S. Fish and Wildlife Service, 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 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.

Proposed Regulations Promulgation

Accordingly, we propose to 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 E 1, 3, 343, 433, NA NA
western Canada. where listed as 545, 546, 582,
an experimental 646, ____.
population.
Do......................... .....do........... .....do........... U.S.A. (specific XN 433, 545, 546, NA 17.84(g)
portions of AZ, 582, 646, ____.
CO, MT, SD, UT,
and WY, see
17.84(g)(9)).

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

3. Amend Sec. 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
Indian 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 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

[[Page 44518]]

[GRAPHIC] [TIFF OMITTED] TP18JY00.016

Dated: June 29, 2000.
Donald J. Barry,
Assistant Secretary, Fish, Wildlife, and Parks.
[FR Doc. 00-18123 Filed 7-17-00; 8:45 am]
BILLING CODE 4310-55-C