[Federal Register Volume 60, Number 220 (Wednesday, November 15, 1995)]
[Proposed Rules]
[Pages 57387-57396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28078]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
50 CFR Part 17
RIN 1018-AD29
Endangered and Threatened Wildlife and Plants: Proposed
Establishment of a Nonessential Experimental Population of Black-Footed
Ferrets in Aubrey Valley, Arizona
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service), in cooperation
with the Arizona Game and Fish Department (Department), proposes to
introduce black-footed ferrets (Mustela nigripes) into Aubrey Valley,
Arizona. This reintroduction is proposed to implement a primary
recovery action for this federally listed endangered species and to
evaluate release techniques. Provided conditions are acceptable,
captive-raised black-footed ferrets that are surplus to the captive
population will be released in 1995, or later, and surplus animals will
be released annually thereafter for several years or until a self-
sustaining population is established. Releases will utilize and refine
reintroduction techniques used at other reintroduction areas. If the
Aubrey Valley program is successful, it is expected that a wild
population will be established within about 5 years. The Aubrey Valley
ferret population is proposed to be designated as a nonessential
experimental population in accordance with section 10(j) of the
Endangered Species Act of 1973, as amended (Act). This population will
be managed in accordance with the provisions of the accompanying
proposed special rule.
DATES: Comments from all interested parties must be received by:
January 2, 1996.
A public hearing on this proposal will be held from 7:00 P.M. to
10:00 P.M., on December 12, 1995, at Seligman, Arizona.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the State Supervisor, Arizona Ecological Services Field Office,
U.S. Fish and Wildlife Service, 2321 West Royal Palm Road, Suite 103,
Phoenix, Arizona 85021. Comments and materials received will be
available for public inspection, by appointment, during normal business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: William Austin, at the above address,
or telephone 602/640-2720.
SUPPLEMENTARY INFORMATION:
Background
1. Legislative: Among the significant changes made in the
Endangered Species Act (Act) by the Amendments of 1982 (Public Law No.
97-304) was the creation of a new section 10(j), which provides for the
designation of specific populations of listed species as ``experimental
populations.'' Under previous authorities in the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et seq.), the U.S. Fish and
Wildlife Service (Service) was authorized to reintroduce populations
into unoccupied portions of a listed species' historical range when it
would foster the conservation and recovery of the species. However,
opposition to reintroduction efforts by local citizens, concerned about
the restrictions and prohibitions on Federal and private activities
contained in sections 7 and 9 of the Act, severely handicapped the
effectiveness of reintroductions as a management tool. Under section
10(j), reintroduced populations established outside the species'
current range but within its historical range may be designated, at the
discretion of the Service, as ``experimental.'' This designation
increases the Service's flexibility to manage reintroduced populations
of endangered species because experimental populations are treated as
threatened species under the Act, thereby permitting the Service
greater discretion in devising management programs and special
regulations. Per section 4(d) of the Act, such programs and regulations
may be necessary and advisable to provide for the conservation of the
species. In addition, per section 4(d) of the Act, these regulations
may be less restrictive than those for endangered species, and more
compatible with current or planned human activities in the
reintroduction area. For example, for the purposes of the proposed
Aubrey Valley reintroduction, a person may take a ferret in the wild
within the Aubrey Valley Experimental Population Area provided such
take is incidental as defined under the Act, and if any resulting
injury or mortality was unintentional, and not due to negligent
conduct. The Act defines ``incidental take'' as take that is incidental
to, and not the purpose of, the carrying out of an otherwise lawful
activity. Such conduct will not be considered ``intentional take'' and
the Service will not take legal action for such conduct. However, the
knowing take of a black-footed ferret will result in the referral of
the incident to the appropriate authorities for prosecution.
Experimental populations can be determined to be ``essential'' or
``nonessential.'' Nonessential populations are not essential to the
continued existence of the species. The proposed Aubrey Valley
population of black-footed ferrets, if reintroduction is undertaken,
will be designated as a nonessential experimental population according
to the provisions of section 10(j) of the Act.
Nonessential experimental populations located outside of the
National Wildlife Refuge System or National Park System lands are
treated, under section 7 of the Act, as if they were species proposed
for listing. Thus, only two provisions of section 7 would apply to an
experimental population outside of National Wildlife Refuge System and
National Park System lands: Section 7(a)(1), which requires all Federal
agencies to use their authority to conserve listed species; and section
7(a)(4), which requires Federal agencies to confer with the Service on
actions that are likely to jeopardize the continued existence of a
proposed
[[Page 57388]]
species throughout its range. Section 7 (a)(2) of the Act, which
requires Federal agencies to ensure that their activities are not
likely to jeopardize the continued existence of a listed species, would
not apply except on National Wildlife Refuge System and National Park
System lands. Activities undertaken on private lands are not affected
by section 7 of the Act unless they are authorized, funded or carried
out by a Federal agency.
However, pursuant to section 7(a)(2), the individual animals
comprising the designated experimental population may be removed from
an existing source or donor population only after it has been
determined that such removal is not likely to jeopardize the continued
existence of the species. Moreover, removal must be conducted in
accordance with the permitting requirements of 50 CFR 17.22.
2. Biological: The species addressed by this rulemaking is the
black-footed ferret (Mustela nigripes), an endangered carnivore with a
black face mask, black legs, and a black-tipped tail. Black-footed
ferrets are nearly 60 centimeters (2 feet) in length and weigh up to
1.1 kilogram (2.5 pounds). It is the only ferret species native to
North America.
Historically, the black-footed ferret was found over a wide area,
but it is difficult to make a conclusive statement on its historical
abundance due to its nocturnal and secretive habits. The historical
range of the species, based on specimen collections, includes 12 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. There is prehistoric
evidence of this ferret occurring from the Yukon Territory in Canada to
New Mexico and Texas (Anderson et al. 1986).
Black-footed ferrets primarily prey on prairie dogs and use their
burrows for shelter and denning and depend almost exclusively on
prairie dogs for food and shelter (Henderson et al. 1969, Forrest et
al. 1985). Ferret range is coincident with that of prairie dogs
(Anderson et al. 1986), with no documentation of black-footed ferrets
breeding outside of prairie dog colonies. There are specimen records of
black-footed ferrets from ranges of three species of prairie dogs: The
black-tailed prairie dog (Cynomys ludovicianus), white-tailed prairie
dog (Cynomys leucurus), and Gunnison's prairie dog (Cynomys gunnisoni)
(Anderson et al. 1986).
Widespread poisoning of prairie dogs and agricultural cultivation
of their habitat drastically reduced prairie dog abundance and
distribution in the last century. Sylvatic plague, which may have been
introduced to North America around the turn of the century, also
decimated prairie dog numbers, particularly in the southern portions of
their range. The severe decline of prairie dogs nearly resulted in the
extinction of black-footed ferrets. The ferret's decline may be
partially attributable to other factors such as secondary poisoning
from prairie dog toxicants and canine distemper. The black-footed
ferret was listed as an endangered species on March 11, 1967.
In 1964, a wild population of ferrets was discovered in South
Dakota and studied intensively. This population disappeared from the
wild in 1974, and its last member died in captivity in 1979. The
species was then thought to be extinct until a small population was
discovered in 1981, near Meeteetse, Wyoming. The Meeteetse population
underwent a severe decline in 1985-1986 due to canine distemper.
Eighteen survivors were taken into captivity in 1986-1987 to prevent
the species' extinction and to serve as founder animals for a captive
propagation program for reintroducing the species back into the wild.
Today, the captive population numbers 400 animals in 7 separately
maintained locations.
3. Recovery Efforts: The national recovery objective in the
recovery plan for the black-footed ferret (U.S. Fish and Wildlife
Service 1988) is to ensure immediate survival of the species by--(a)
Increasing the captive population of ferrets to 200 breeding adults by
1991, which has been achieved, (b) Establishing a prebreeding census
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; and (c) Encouraging the widest possible
distribution of reintroduced animals throughout their historic range.
When this national objective is achieved, the black-footed ferret
will be downlisted to a threatened status, assuming that the extinction
rate of established populations remains at or below the rate at which
new populations are established for at least 5 years. Cooperative
efforts to rear black-footed ferrets in captivity have been successful.
In 5 years, the captive population has increased from 18 to over 400
animals. In 1988, this single captive population was divided into five
separate captive subpopulations to prevent the possibility of a single
catastrophic event eliminating the entire captive population. In 1991
and 1992, two additional captive subpopulations were established. Since
a captive population of 240 breeding adults has been achieved, recovery
efforts have advanced to the reintroduction phase of establishing
animals back into the wild.
4. Reintroduction Sites
a. Site Selection Process: The Service, in cooperation with 11
western State wildlife agencies has identified potential ferret
reintroduction sites within the historical range of the species. To
date, reintroductions have occurred in Wyoming, Montana, and South
Dakota. Utah and Colorado are currently identifying potential
reintroduction sites while other western States are in the process of
evaluating additional potential reintroduction sites. Sites are
selected for reintroduction by the Service in coordination with the
Black Footed Ferret Interstate Coordinating Committee.
b. Northwest Arizona/Aubrey Valley Site: The area selected for
reintroduction of the nonessential experimental population of black-
footed ferrets in Arizona is designated as the Aubrey Valley
Experimental Population Area (AVEPA). The AVEPA is located in Coconino
and Yavapai counties in northwestern Arizona. The AVEPA includes the
Aubrey Valley west of the Aubrey Cliffs, from Chino Point, north along
the crest of the Aubrey Cliffs to the southeast boundary of the
Hualapai Indian Reservation. The area's boundary continues southwest
along the Reservation boundary to U.S. Highway Route 66; then southeast
along Route 66 for approximately 5.2 km (3.5 miles) to mile post 116;
then along the 5,300-foot elevation contour east and north of the
Juniper Mountains and then back to the point of origin at Chino Point.
This area encompasses 25,598 hectares (ha) (63,253 acres) of deeded
land and 18,536 ha (45,802 acres) of State trust land for a total of
44,134 ha (109,055 acres). A detailed map showing the location and
delineating the boundaries of the AVEPA accompanies this special rule.
Surveys conducted in 1992 indicate that approximately 6,969 ha
(17,196 acres) of prairie dog towns exist within the AVEPA. Using an
index outlined in Biggins et al. (1989), this area has a current black-
footed ferret family rating of 35, which means that about 35 black-
footed ferrets could potentially be supported at the AVEPA site. The
ferret family rating is a numerical value derived from the acreage and
density of prairie dogs and is used to estimate ferret carrying
capacity of a prairie dog complex. Since 1990, 10 surveys have been
conducted in the Aubrey Valley by Federal agencies for activities
authorized, funded, or carried out by the
[[Page 57389]]
Federal agency that may affect prairie dog colonies deemed capable of
supporting black-footed ferrets. These surveys did not discover any
evidence of extant black-footed ferrets and it is unlikely that any
wild ferrets exist within the AVEPA. Consequently, the Service
concludes that the reintroduction of ferrets into the site will be
separate and distinct from other existing populations.
Current plans call for releasing ferrets into a subportion of the
AVEPA (within the area considered best for the release). If this
reintroduction is successful, black-footed ferrets will probably
disperse into other areas of the AVEPA. Other individuals will be
released into selected portions of the AVEPA at a later date. Black-
footed ferrets will be released only if biological conditions are
suitable and meet the management framework that has been developed. The
Service will reevaluate the reintroduction efforts in the AVEPA should
any of the following conditions occur:
(1) Failure to maintain black-footed ferret habitat sufficient to
support 30 breeding adults after five years.
(2) Failure to maintain at least 90 percent of prairie dog acreage
known in 1992.
(3) A wild black-footed ferret population is found within the AVEPA
prior to the first breeding season following the initial
reintroduction.
(4) Any active case of canine distemper or other disease is found
in any animal in or near the reintroduction area within six months
prior to the scheduled release.
(5) Fewer than 20 black-footed ferrets are available for the first
release.
(6) Funding is not available to implement the reintroduction plan
in Arizona.
(7) Land ownership changes or cooperators withdraw from the
project.
5. Reintroduction Protocol: The reintroduction protocol involves
releasing approximately 20 or more captive-raised black-footed ferrets
in the first year of the program, and up to 50 or more animals annually
for the next 2 to 4 years. Released animals should be excess to the
needs of the captive breeding program. Hence, the loss of released
animals would unlikely have any impact on the genetic diversity of the
species. Since captive breeding of ferrets will continue, any animal
loss in the reintroduction effort can be replaced. It may be necessary
to release ferrets from other sources, including established
reintroduced populations, to enhance the genetic diversity of the
population.
The Service has implemented several protocols for releasing
captive-reared ferrets back into the wild. There are many factors that
must be considered when determining which reintroduction methodology to
use. A ``hard'' release is when animals are released shortly after
arrival at the release site. A ``soft'' release is when the animals are
supplied with food, shelter, and protection from predators for a period
of time before being released. In either method, ferrets are released
from above ground cages with access to nest boxes underground.
Reintroduction also may be accomplished by releasing preconditioned or
nonconditioned young or adult animals into the wild.
``Preconditioning'' is where captive-bred ferrets are exposed to living
within prairie dog towns which mimic natural conditions. In addition,
it may be necessary to surround each above-ground cage with an electric
fence to prevent damage by livestock or large mammals. The Service will
determine and use the reintroduction method best suited for the
proposed ferret release at the AVEPA.
Released animals will be vaccinated against diseases, including
canine distemper, when a vaccine for distemper is developed for black-
footed ferret use. Measures to reduce predation by coyotes, badgers,
raptors, and other predators will be taken during the initial
reintroduction stage. Habitat conditions will also be monitored during
the reintroduction phase. All released ferrets will be marked and
monitored. Radiotelemetry, spotlight and snow surveys, and visual
sighting techniques will be employed to locate and track released
ferrets.
High mortality (up to 90 percent) is expected among animals during
the first year of release. Captive-bred animals are more susceptible to
predation, starvation, and environmental conditions than wild born
individuals. Mortality is highest during the first month of release. In
the first year of the program, a realistic goal is to have some ferrets
survive the first month in the wild with at least 10 percent of the
animals surviving winter.
From 1982 to 1986, intensive studies were conducted on the
Meeteetse population to establish baseline data to aid future
reintroduction efforts. This baseline data has been supplemented with
biological and behavioral data observed from the South Dakota
population in the 1960's and 1970's. The Wyoming, South Dakota, and
Montana reintroduction programs will also provide additional data for
future releases.
The goal of the Arizona reintroduction effort is the establishment
of a free-ranging population of at least 30 adult animals within the
AVEPA by the year 2000. The Service will monitor the progress of the
project on an annual basis, including all determinable sources of
mortality. The status of the population and the information gained at
this site will be evaluated annually for the first 5 years to determine
future ferret management needs. This 5-year evaluation will not include
an evaluation on whether the ``nonessential experimental'' designation
for the Aubrey Valley population should be changed. The nonessential
designation for this experimental population will remain unchanged
unless the experiment is deemed by the Service to be a failure and the
designation and the animals are withdrawn.
Status of Reintroduced Population
The Aubrey Valley proposed reintroduction is ``nonessential'' to
the continued existence of the black-footed ferret for the following
reasons:
1. The captive breeding population is the primary population and it
has been protected against the threat of extinction from a single
catastrophic event by dividing the population into seven widely
separated subpopulations. Hence, any loss of an experimental population
will not threaten the survival of the species as a whole.
2. Presently, the primary repository of genetic diversity for the
species is the 240 breeding adults in the captive breeding population.
Animals selected for reintroduction purposes should be excess to the
needs of the captive population. Hence, any loss of animals for an
experimental population will not impact the overall genetic diversity
of the species.
3. All animals lost during this reintroduction attempt will be
replaced through captive breeding. Based on current population
dynamics, juvenile ferrets are being produced in excess of the numbers
needed to maintain 240 breeding adults in captivity.
This will be the fourth experimental population of black-footed
ferrets released back into the wild. The other reintroduction efforts
are in Wyoming, southwestern South Dakota, and north-central Montana.
Reintroduction of ferrets is important to help ensure the survival of
the species in the wild. Ferrets held in captivity are at risk of
losing behaviorial aspects critical to their survival in the wild.
Consequently, it is important to reintroduce captive-held ferrets as
soon as possible to
[[Page 57390]]
increase the likelihood of successful reintroductions.
Approximately 58 percent of the land in the AVEPA is deeded land
and State trust lands make up the other 42 percent. The nonessential
experimental population designation will facilitate reestablishment of
the species in the wild by alleviating landowner concerns about
possibly restrictive measures that could be taken under the Act. The
nonessential experimental designation is intended to relax regulations
that protect reintroduced populations of endangered species, while
promoting the conservation of this population. The nonessential
designation provides a more flexible management framework for
protecting and recovering black-footed ferrets so that private
landowners can continue their current daily activities.
Attempts to reintroduce ferrets into the wild (in Wyoming, South
Dakota, and Montana) have placed emphasis on developing and improving
reintroduction techniques. This research will lay the groundwork for
ferret reintroduction and management protocol at future release sites.
Thus, failure to establish an Arizona population in the first few years
of the program will not reduce the likelihood of the survival of the
species in the wild. The data obtained from this reintroduction effort
will be used to improve ferret reintroduction techniques in Gunnison's
prairie dog towns. All previous releases have occurred in black-tailed
or white-tailed prairie dog towns.
Location of Reintroduced Population
Under section 10(j) of the Act, an experimental population must be
geographically separate from other nonexperimental populations of the
same species. Since 1987, when the last members of the Meeteetse
population were captured for inclusion in the captive population, no
ferrets have been reported from the wild. There is still the
possibility that ferrets exist in the wild today. Extensive surveys for
black-footed ferrets in the AVEPA were conducted. In addition to these
surveys, many hours were spent surveying prairie dog colonies at the
proposed relocation site; no ferrets or sign have been observed.
Therefore, the Service believes that the reintroduced population will
not overlap with any wild ferrets.
The AVEPA is located in northwestern Arizona and includes the
Aubrey Valley west of the Aubrey Cliffs. The area has geographic
features that may hinder, but not prevent black-footed ferrets from
moving outside of the AVEPA. However, it is unlikely that ferrets would
migrate outside the designated area.
The AVEPA will serve as one of the core recovery areas described in
the Black-footed Ferret Recovery Plan. Following the first release and
prior to the first breeding season, all marked ferrets in the
reintroduction site, but still within the designated experimental
population area, will be considered as the nonessential experimental
population. During and following the first breeding season, all ferrets
located in the AVEPA, including offspring of released ferrets, will be
considered as the nonessential experimental population. It is expected
that all animals will remain in the AVEPA because of prime prairie dog
habitat, their limited home range, and surrounding geographic barriers.
Should any animal leave the AVEPA, the Service and its cooperators may
capture the stray and either return it to the management area,
translocate it to another reintroduction site, or place it in
captivity. If a ferret is found on private lands outside the
reintroduction area (but still within the experimental population
site), the landowner will be contacted and the animal will be removed
at the request of the landowner. If the landowner has no objection to
the ferret remaining on his/her property, the animal will not be
removed. Black-footed ferrets dispersing into areas outside of the
experimental area will receive full protection under the Act.
All ferrets released in the AVEPA will be marked. If any unmarked
animals are found following the first release and prior to the first
breeding season, a concerted effort will be made to determine the
source of such ferrets. A search will be undertaken to determine
whether a wild population exists in the area. Any ferret occurring
outside the AVEPA would be considered as endangered, but it could be
captured for genetic testing. If the animal is determined to be from
the experimental population, it will either be returned to the AVEPA,
held in captivity, or released at another reintroduction site. If the
captured animal is determined to be genetically unrelated to ferrets
from the experimental population (possibly a wild animal), it can be
captured for use in the captive breeding program. Under the existing
contingency plan, up to nine such ferrets can be captured for the
captive population. If a landowner outside the experimental population
area wishes to retain the black-footed ferret(s) on his or her
property, a conservation agreement or easement will be arranged.
Management
The AVEPA reintroduction will be undertaken by the Service in
cooperation with the Arizona Game and Fish Department, the Navajo
Nation, and the Arizona State Land Department (in accordance with the
Cooperative Reintroduction Plan For Black-footed Ferrets--Aubrey
Valley, Arizona (Belitsky et al. 1994)). Additional considerations
pertinent to reintroduction are discussed below.
1. Monitoring: Various monitoring efforts are planned during the
first 5 years of the program. Prairie dog numbers and their
distribution and monitoring for sylvatic plague will be conducted on an
annual basis. Monitoring for canine distemper will be conducted before
and during the reintroduction. Reintroduced ferrets and their offspring
will be monitored each year, using spotlight surveys and/or
snowtracking surveys. Assuming a few ferrets survive the first winter,
surveys will be conducted to monitor breeding success and the
recruitment of surviving animals . All behaviorial aspects will also be
investigated during the reintroduction phase.
The Service has requested that the Arizona Game and Fish Department
serve as the primary contact for governmental agencies, private
landowners, and the public within the area affected by the black-footed
ferret reintroduction. The Department will also serve as the primary
contact for any reports on injured or dead ferrets. All reports of any
injured or dead animals should be referred to the State Supervisor,
U.S. Fish and Wildlife Service, Ecological Services, Phoenix, Arizona,
telephone (602) 640-2720. The State Supervisor also will notify the
Service's Division of Law Enforcement concerning any dead or injured
ferret.
Ferret populations and their habitat will be monitored annually by
the Service and/or its authorized cooperators to document any hazards
or ongoing activities which would impact black-footed ferrets. When
appropriate, strategies and contingencies to minimize harm to ferrets
will be included in the management plan and implemented by the Service.
The Service and its cooperators will keep other agencies and the
public informed about the presence of black-footed ferrets in the AVEPA
through public outreach programs. Such educational programs will
address the handling of sick or injured ferrets. When dead black-footed
ferrets are found, the carcass should be preserved. The Service
requests that any individual finding a dead ferret not disturb
[[Page 57391]]
potential evidence that may be used to determine cause of death.
Any person locating a dead, injured, or sick black-footed ferret,
or witnessing anyone causing harm or death to a ferret, should
immediately notify the State Supervisor, U.S. Fish and Wildlife
Service, Ecological Services, Phoenix, Arizona, telephone (602) 640-
2720.
2. Disease Considerations: If an active case of canine distemper is
documented in any wild mammal found in proximity to or within the
reintroduction site (within 6 months prior to the reintroduction), the
reintroduction program will be reevaluated. At least 10 coyotes, and
possibly badgers, will be tested for canine distemper before ferrets
are released at the AVEPA. All persons will be discouraged from
bringing dogs into the AVEPA. Residents and hunters will be encouraged
to vaccinate pets and to report any unusual behavior witnessed in wild
animals or any dead animals that are found within the area. Efforts are
underway to develop an effective canine distemper vaccine for black-
footed ferrets. Routine sampling for sylvatic plague within prairie dog
towns will occur before and during the release.
3. Genetic Considerations: Ferrets selected for the initial
reintroduction will be animals excess to the needs of the captive
populations in order to preserve the genetic diversity of the captive
populations. The genetic diversity found within experimental ferret
reintroductions is usually less than that of the captive populations.
This disparity can be corrected by selecting and reestablishing
breeding ferrets that compensate for any genetic biases in earlier
releases. The ultimate goal is to establish wild ferret populations
that represent the maximum level of genetic diversity.
4. Prairie Dog Management: The Service will work cooperatively with
landowners and land management agencies in the AVEPA to maintain
sufficient prairie dog habitat to support 30 breeding adult
black-footed ferrets, as well as to maintain at least 90 percent of the
prairie dog habitat known in 1992. In areas where prairie dogs are a
nuisance, control programs compatible with ferret recovery objectives
will be implemented. The Service will work cooperatively with the
affected landowners and land management agencies to resolve any prairie
dog management conflicts.
5. Mortality: Only animals surplus to the needs of the captive
breeding program will be used in this reintroduction attempt.
Significant mortality is expected to occur since captive-reared animals
must adapt to the wild. Natural mortality, resulting from predation, a
fluctuating food supply, disease, and the lack of any hunting
experience on the part of the released animals, will be compensated for
through predator and prairie dog management, vaccination, supplemental
feeding, and improved release methods. Human-related mortality may be
reduced through public education efforts. A low level of mortality from
incidental take is expected as a result of designing the reintroduction
program to coincide with traditional land use practices in the
reintroduction site. 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 in the wild within the AVEPA provided
such take is incidental as defined under the Act, and if any resulting
injury or mortality was unintentional, and not due to negligent
conduct. Such conduct will not be considered ``intentional take'' and
the Service will not take legal action for such conduct. However, the
knowing take of a black-footed ferret will result in the referral of
the incident to the appropriate authorities for prosecution. Any take
of black-footed ferrets must be reported immediately to the Service's
State Supervisor (see ADDRESSES section).
The draft biological opinion prepared for the reintroduction
anticipates an incidental take level of about 12 percent of all
reintroduced ferrets and their offspring. If this level of incidental
take is reached at any time within a given year, the Service in
cooperation with landowners and land managing agencies will conduct an
evaluation of the incidental take and will implement the necessary
measures to reduce the level of incidental take.
6. Special Handling: Under the proposed special rule, Service
employees and their acting agents will be authorized to handle black-
footed ferrets for various reasons: scientific purposes, relocation to
avoid conflict with human activities, recovery efforts, relocation to
future reintroduction sites, aiding sick, injured, or orphaned animals,
and salvaging of dead animals. If a ferret is deemed not fit to remain
in the wild, it will be placed in captivity. The Service will also
determine the placement of all sick, injured, orphaned, and dead
animals.
7. Coordination with Landowners and Land Management: An effort to
identify issues and concerns associated with this proposed ferret
reintroduction was conducted prior to the development of the proposed
rule. The proposed reintroduction has also been discussed with those
potentially affected State agencies and landowners located within the
proposed release site. These affected State agencies and landowners/
managers indicate that they will support the reintroduction if the
released animals are considered to be a nonessential experimental
population.
8. Potential for Conflict with Grazing and Recreational Activities:
Under the current management scheme developed for the AVEPA, conflicts
between grazing and black-footed ferret management are not anticipated.
There will be no additional grazing restrictions other than those
contained in the ``Cooperative Reintroduction Plan for Black-footed
Ferrets in Aubrey Valley, Arizona'' placed on landowners. The
reintroduction plan states that all lands in the management area are
subject to livestock grazing and, to date, no grazing practices have
been observed that will adversely affect ferret habitat. However, the
reintroduction plan does call for working cooperatively with landowners
in the experimental area to maintain at least 90 percent of the prairie
dog habitat known to exist in 1992. No restrictions will be placed on
landowners regarding prairie dog control on private lands within the
experimental population area. In the event that prairie dog control
efforts proposed for private or State trust lands might eliminate the
prey base for established black-footed ferrets in a specific problem
area, State and Federal biologists will determine whether black-footed
ferrets are negatively impacted. Any agent of the Service or the
appropriate State wildlife agency may translocate animals from a
problem area to other areas with less conflict. Big game hunting,
prairie dog shooting, and trapping of furbearers or predators in the
AVEPA are not likely to impact ferrets.
9. Protection of Black-footed Ferrets: Released black-footed
ferrets will need to be protected from natural mortality (predators,
disease, lack of prey base) and from human-related sources of
mortality. Natural mortality will be reduced through improved release
methods, vaccination, predator control, and the management of prairie
dog populations. Human causes of mortality will be minimized by
releasing ferrets in areas with low human population densities and with
little development.
A draft biological opinion was prepared on this proposal for the
reintroduction of black-footed ferrets into the AVEPA. It concluded
that this action is not likely to jeopardize the continued existence of
the species. A final biological opinion will be prepared for the final
rulemaking.
[[Page 57392]]
10. Public Awareness and Cooperation: An extensive educational
effort will be undertaken to inform the public in the region and
nationally about the importance of this reintroduction in the recovery
of the black-footed ferret. This should enhance public awareness of the
significance of the project and gain its support.
11. Overall: The designation of the AVEPA population as a
nonessential experimental population will encourage local cooperation
since this designation will allow for greater flexibility while
conducting normal activities within the release site. The Service
considers the nonessential experimental population designation to be
necessary in order to receive full cooperation from landowners,
agencies, and recreational interests in the affected area. Based on the
above information, and utilizing the best scientific and commercial
data available, (in accordance with 50 CFR 17.81), the Service finds
that releasing black-footed ferrets into the AVEPA will further the
conservation and recovery of the species.
Public Comments Solicited
The Service intends that any action resulting from this proposed
rulemaking to designate the AVEPA population as a nonessential
experimental population be as effective as possible. Therefore,
comments or recommendations concerning any aspect of this proposed rule
are hereby invited (see ADDRESSES section) from State, public, and
government agencies, the scientific community, industry, or any other
interested party. Comments should be as specific as possible. Final
promulgation of a rule to implement this proposed action will take into
consideration all comments and any additional information received by
the Service. Such communications may lead to a final rule that differs
from this proposal.
Public Hearings
The Act provides for at least one public hearing on this proposal,
if requested within 45 days from date of publication of the proposal.
The Service has arranged for a public hearing to be held on December
12, 1995, from 7:00 P.M. to 10:00 P.M. with registration beginning at
6:00 P.M. at the Cafetorium, Seligman High School, 500 N. Main Street,
Seligman, Arizona.
National Environmental Policy Act
A draft environmental assessment as defined under the authority of
the National Environmental Policy Act of 1969 has been prepared and is
available from the Service office identified in the ADDRESSES section.
Required Determinations
This proposed rule has been reviewed under Executive Order 12866.
The Department of the Interior has determined that this rule 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.).
Based on the information discussed in this rule concerning public
projects and private activities within the experimental population
area, significant economic impacts will not result from this action.
Also, no direct costs, enforcement costs, information collection, or
recordkeeping requirements are imposed on small entities by this
action, and the rule contains no recordkeeping requirements as defined
under the Paperwork Reduction Act of 1995 (Pub. L. 104-13).
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.
Anderson, S. 1972. Mammals of Chihuahua--taxonomy and distribution.
Bulletin of the American Museum of Natural History 148(2):280-281.
Belitsky, D.W., W.E. Van Pelt, and J.D. Hanna. 1994. A cooperative
reintroduction plan for black-footed ferrets, Aubrey Valley,
Arizona. Arizona Game and Fish Department, Phoenix, Arizona. 33 pp.
Biggins, D., B. Miller, L. Hanebury, B. Oakleaf, A. Farmer, R.
Crete, and A. Dood. 1989. A system for evaluating black-footed
ferret habitat. Unpubl. Rept. for the Black-footed Ferret Interstate
Coordinating Committee. USFWS, Fort Collins, Colorado. 25 pp.
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 pp.
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, Tech. Bull. 4:1-36.
U.S. Fish and Wildlife Service. 1988. Black-footed ferret recovery
plan. U.S. Fish and Wildlife Service, Denver, Colorado. 154 pp.
Author
The primary author of this rule is Lorena L.L. Wada (see ADDRESSES
section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulations Promulgation
PART 17--[AMENDED]
Accordingly, it is hereby proposed to amend Part 17, Subchapter B
of Chapter I, Title 50 of the U.S. Code of Federal Regulations, as set
forth below:
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. It is proposed that Sec. 17.11(h) be amended by revising the
existing entries for the ``Ferret, black-footed'' under ``MAMMALS'' to
read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
----------------------------------------------- population
Historic range where Status When listed Critical habitat Special rules
Common name Scientific name endangered or
threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mammals
* * * * * * *
Ferret, black-footed......... Mustela Western U.S.A., Entire, except E 1, 3, 433, 545, NA.............. NA
nigripes. Western Canada. where listed 546, ______.
as an
experimental
population
below.
[[Page 57393]]
Do....................... ......do....... ......do....... U.S.A. XN 433, 545, 546, NA.............. 17.84(g)
(specified ______.
portions of
WY, MT, SD,
and AZ).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. It is proposed that 50 CFR 17.84 be amended by revising the text
of paragraph (g) to read as follows:
Sec. 17.84 Special rules--vertebrates.
* * * * *
(g) Black-footed ferret (Mustela nigripes).
(1) The black-footed ferret populations identified in paragraphs
(g)(9)(i), (g)(9)(ii), (g)(9)(iii), and (g)(9)(iv) of this section are
nonessential experimental populations. Each of these populations will
be managed in accordance with their respective management plans.
(2) No person may take this species in the wild in the experimental
population areas except as provided in paragraphs (g)(3), (4), (5), and
(10) of this section.
(3) Any person with a valid permit issued by the U.S. Fish and
Wildlife Service (Service) under Sec. 17.32 may take black-footed
ferrets in the wild in the experimental population areas.
(4) Any employee or agent of the Service or appropriate State
wildlife agency, who is designated for such purposes, when acting in
the course of official duties, may take a black-footed ferret in the
wild in the experimental population areas if such action is necessary:
(i) For scientific purposes;
(ii) To relocate a ferret to avoid conflict with human activities;
(iii) To relocate a ferret that has moved outside the
Reintroduction Area when removal is necessary to protect the ferret, or
is requested by an affected landowner or land manager, or whose removal
is requested pursuant to paragraph (g)(13) of this section;
(iv) To relocate ferrets within the experimental population areas
to improve ferret survival and recovery prospects;
(v) To relocate ferrets from the experimental population areas into
other ferret reintroduction areas or captivity;
(vi) To aid a sick, injured, or orphaned animal; or
(vii) To salvage a dead specimen for scientific purposes.
(5) A person may take a ferret in the wild within the experimental
population areas, provided such take is incidental to and not the
purpose of, the carrying out of an otherwise lawful activity and if
such ferret injury or mortality was unavoidable, unintentional, and did
not result from negligent conduct. Such conduct will not be considered
``knowing take'' for the purposes of this regulation, and the Service
will not take legal action for such conduct. However, knowing take will
be referred to the appropriate authorities for prosecution.
(6) Any taking pursuant to paragraphs (g)(3), (4)(vi) and (vii),
and (5) of this section must be reported immediately to the appropriate
Service Field or State Supervisor, who will determine the disposition
of any live or dead specimens.
(i) Such taking in the Shirley Basin/Medicine Bow experimental
population area must be reported to the Field Supervisor, Ecological
Services, Fish and Wildlife Service, Cheyenne, Wyoming (telephone: 307/
772-2374).
(ii) Such taking in the Conata Basin/Badlands experimental
population area must be reported to the Field Supervisor, Ecological
Services, Fish and Wildlife Service, Pierre, South Dakota (telephone:
605/224-8693).
(iii) Such taking in the north-central Montana experimental
population area must be reported to the Field Supervisor, Ecological
Services, Fish and Wildlife Service, Helena, Montana (telephone: 406/
449-5225).
(iv) Such taking in the Aubrey Valley experimental population area
must be reported to the State Supervisor, Ecological Services, Fish and
Wildlife Service, Phoenix, Arizona (telephone: 602/640-2730).
(7) No person shall possess, sell, deliver, carry, transport, ship,
import, or export by any means whatsoever, any ferret or part thereof
from the experimental population taken in violation of these
regulations or in violation of applicable State fish and wildlife laws
or regulations or the Endangered Species Act.
(8) It is unlawful for any person to attempt to commit, solicit
another to commit, or cause to be committed, any offense defined in
paragraphs (g)(2) and (7) of this section.
(9) The sites for reintroduction of black-footed ferrets are within
the historical range of the species.
(i) The Shirley Basin/Medicine Bow Management Area is shown on the
attached map of Wyoming and will be considered the core recovery area
for this species in southeastern Wyoming. The boundaries of the
nonessential experimental population will be that part of Wyoming south
and east of the North Platte River within Natrona, Carbon, and Albany
Counties (see Wyoming map). All marked ferrets found in the wild within
these boundaries prior to the first breeding season following the first
year of releases will constitute the nonessential experimental
population during this period. All ferrets found in the wild within
these boundaries during and after the first breeding season following
the first year of releases will comprise the nonessential experimental
population thereafter.
(ii) The Conata Basin/Badlands Reintroduction Area is shown on the
attached map for South Dakota and will be considered the core recovery
area for this species in southwestern South Dakota. The boundaries of
the nonessential experimental population area will be north of State
Highway 44 and BIA Highway 2 east of the Cheyenne River and BIA Highway
41, south of I-90, and west of State Highway 73 within Pennington,
Shannon, and Jackson Counties, South Dakota. Any black-footed ferret
found in the wild within these boundaries will be considered part of
the nonessential experimental population after the first breeding
season following the first year of releases of black-footed ferrets in
the Reintroduction Area. A black-footed ferret occurring outside the
experimental population area in South Dakota would initially be
considered as endangered but may be captured for genetic testing.
Disposition of the captured animal may take the following actions if
necessary:
(A) If an animal is genetically determined to have originated from
the
[[Page 57394]]
experimental population, it may be returned to the Reintroduction Area
or to a captive facility.
(B) If an animal is determined to be genetically unrelated to the
experimental population, then under an existing contingency plan, up to
nine black-footed ferrets may be taken for use in the captive-breeding
program. If a landowner outside the experimental population area wishes
to retain black-footed ferrets on his property, a conservation
agreement or easement may be arranged with the landowner.
(iii) The North-central Montana Reintroduction Area is shown on the
attached map for Montana and will be considered the core recovery area
for this species in north-central Montana. The boundaries of the
nonessential experimental population will be those parts of Phillips
and Blaine Counties, Montana, described as the area bounded on the
north beginning at the northwest corner of the Fort Belknap Indian
Reservation on the Milk River; east following the Milk River to the
east Phillips County line; then south along said line to the Missouri
River; then west along the Missouri River to the west boundary of
Phillips County; then north along said county line to the west boundary
of Fort Belknap Indian Reservation; then further north along said
boundary to the point of origin at the Milk River. All marked ferrets
found in the wild within these boundaries prior to the first breeding
season following the first year of releases will constitute the
nonessential experimental population during this period. All ferrets
found in the wild within these boundaries during and after the first
breeding season following the first year of releases will thereafter
comprise the nonessential experimental population. A black-footed
ferret occurring outside the experimental area in Montana would
initially be considered as endangered but may be captured for genetic
testing. Disposition of the captured animal may be done in the
following manner if necessary.
(A) If an animal is genetically determined to have originated from
the experimental population, it would be returned to the Reintroduction
Area or to a captive facility.
(B) If an animal is determined not to be genetically related to the
experimental population, then under an existing contingency plan, up to
nine ferrets may be taken for use in the captive breeding program.
(iv) The Aubrey Valley Experimental Population Area (see Arizona
map) will be considered the core recovery area for this species in
northwestern Arizona. The boundary of the nonessential experimental
population area will be those parts of Coconino and Yavapai Counties
that include the Aubrey Valley west of the Aubrey Cliffs, starting from
Chino Point, north along the crest of the Aubrey Cliffs to the
southeast boundary of the Hualapai Indian Reservation. The area's
boundary continues southwest along the Reservation boundary to U.S.
Highway Route 66; then southeast along Route 66 for approximately 5.2
km (3.5 miles) to mile post 116; then along the 5,300-foot elevation
contour east and north of the Juniper Mountains and then back to the
point of origin at Chino Point. Any black-footed ferrets found in the
wild within these boundaries will be considered part of the
nonessential experimental population after the first breeding season
following the first year of releases of ferrets into the reintroduction
area. A black-footed ferret occurring outside the experimental area in
Arizona would initially be considered as endangered but may be captured
for genetic testing. Disposition of the captured animal may take the
following action if necessary:
(A) If an animal is genetically determined to have originated from
the experimental population, it may be returned to the reintroduction
area or to a captive facility.
(B) If an animal is determined to be genetically unrelated to the
experimental population, then under an existing contingency plan, up to
nine ferrets may be taken for use in the captive-breeding program. If a
landowner outside the experimental population area wishes to retain
black-footed ferrets on his property, a conservation agreement or
easement may be arranged with the landowner.
(10) The reintroduced populations will be continually monitored
during the life of the project, including the use of radio telemetry
and other remote sensing devices as appropriate. All released animals
will be vaccinated against disease prevalent in mustelids, as
appropriate, prior to release. Any animal that is sick, injured, or
otherwise in need of special care may be captured by authorized
personnel of the Service or appropriate State wildlife agency or their
agents, and given appropriate care. Such an animal may be released back
to the appropriate reintroduction area or another authorized site as
soon as possible, unless physical or behavioral problems make it
necessary to return the animal to captivity.
(11) The status of each experimental population will be reevaluated
within the first 5 years after the first year of releases of black-
footed ferrets to determine future management needs. This review will
take into account the reproductive success and movement patterns of the
individuals released into the area, as well as the overall health of
the experimental population and the prairie dog ecosystem in the above
described areas. Once recovery goals are met for delisting the species,
a rule will be proposed to address delisting.
(12) This 5-year evaluation will not include a reevaluation of the
``nonessential experimental'' designation for these populations. The
Service does not foresee any likely situation which would call for
altering the nonessential experimental status of any population. Should
any such alteration prove necessary and it results in a substantial
modification to black-footed ferret management on non-Federal lands,
any private landowner who consented to the introduction of black-footed
ferrets on their lands will be permitted to terminate their consent,
and at their request, the ferrets will be relocated pursuant to
paragraph (g)(4)(iii) of this section.
* * * * *
Sec. 17.84 [Amended]
4. It is proposed to amend Sec. 17.84 by adding a map to follow the
existing map at the end of paragraph (g).
BILLING CODE 4310-55-P
[[Page 57395]]
[GRAPHIC][TIFF OMITTED]TP15NO95.000
[[Page 57396]]
Dated: October 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary, Fish, Wildlife and Parks.
[FR Doc. 95-28078 Filed 11-14-95; 8:45 am]
BILLING CODE 4310-55-C
