[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Proposed Rules]
[Pages 23202-23211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10978]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD99
Endangered and Threatened Wildlife and Plants: Proposed
Establishment of a Nonessential Experimental Population of Black-footed
Ferrets in Northwestern Colorado and Northeastern Utah
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service), in cooperation
with the Bureau of Land Management (Bureau), the Colorado Division of
Wildlife (Colorado Division), and the Utah Division of Wildlife
Resources (Utah Division) proposes to introduce black-footed ferrets
(Mustela nigripes) into northwestern Colorado and northeastern Utah.
The purposes of this reintroduction are to implement the recovery
action of the species and to evaluate release techniques. Surplus
captive-raised black-footed ferrets will be released in 1997, or later
and additional animals will be released annually for several years
thereafter or until a self-sustaining population is established. If the
northwestern Colorado/northeastern Utah program is successful, a wild
population could be established within about 5 years. The northwestern
Colorado/northeastern Utah population would be established as a
nonessential experimental population in accordance with section 10(j)
of the Endangered Species Act of 1973, as amended (Act). This
population would be managed under the provisions of an accompanying
special rule.
DATES: Comments from all interested parties must be received by June
30, 1997.
ADDRESSES: Comments and materials concerning this proposal in
northwestern Colorado or Wyoming should be sent to Mr. LeRoy Carlson,
U.S. Fish and Wildlife Service, Ecological Services Office, 730 Simms
Street, Room 290, Golden, Colorado, 80401. Comments and materials
concerning this proposal in northeastern Utah should be sent to Mr.
Robert Williams, U.S. Fish and Wildlife Service, Utah Field Office, 145
East 1300 South, Suite 404, Salt Lake City, Utah, 84115. All comments
and materials received will be available for public inspection, by
appointment, during normal business hours at each of the above
addresses, as well as at the Service's Ecological Service's office at
764 Horizon Drive, South Annex A, Grand Junction, Colorado, 81506-3946.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Leachman at the Grand
Junction address above, telephone: 970/243-2778; or Ms. Marilet A.
Zablan at the Salt Lake City address above, telephone: 801/524-5001.
SUPPLEMENTARY INFORMATION:
Background
1. Legislative
The Endangered Species Act of 1973, as amended (Act) was changed
significantly when subsection 10(j) was added to allow for the
designation of specific populations of listed species as ``experimental
populations.'' Previously, 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, local citizens often opposed
these reintroductions because they were concerned about restrictions
and prohibitions being placed on Federal and private activities. Under
section 10(j), the Service can designate reintroduced populations
established outside the species' current range but within its
historical range as ``experimental.'' This designation allows the
Service flexibility in managing reintroduced populations of endangered
species. Experimental populations are treated as threatened species
under the Act, affording the Service greater discretion in devising
management programs and special regulations for listed species. Section
4(d) of the Act allows the Service to adopt whatever regulations are
necessary to provide for the conservation of a threatened species.
These regulations are usually less restrictive than those for
endangered species and are more compatible with routine human
activities in the reintroduction area.
The Service can designate experimental populations to be either
essential or nonessential and based on the best available information,
determine whether such populations are essential to the continued
existence of the species. Nonessential experimental populations located
outside of the National Wildlife Refuge System or National Park System
are treated, under section 7 of the Act, as if they were species
proposed for listing. Thus, only two provisions of section 7 apply to
experimental populations found outside the above two systems: 1)
section 7(a)(1)--which requires all Federal agencies to use their
authority to conserve listed species; and 2) 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 species
throughout its range. 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), specimens used to establish
an experimental population may be removed from a donor population,
provided their removal is not likely to jeopardize the continued
existence of the species and that appropriate permits have been issued
in accordance with 50 CFR 17.22.
2. Biological
The black-footed ferret 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, 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. Prehistoric evidence indicates that ferrets once occurred
from the Yukon Territory in Canada to New 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 never been
sighted outside of prairie dog colonies. Black-footed ferrets have been
reported from black-tailed prairie dog (Cynomys ludovicianus), white-
tailed prairie dog (Cynomys leucurus), and Gunnison's prairie dog
(Cynomys gunnisoni) towns (Anderson et al. 1986).
In the last century, widespread poisoning of prairie dogs, the
conversion of native prairie to farmlands, and sylvatic plague have
drastically reduced prairie dog numbers;
[[Page 23203]]
particularly in the southern portions of their range. This severe
reduction in prairie dog numbers could have caused the near extinction
of the black-footed ferret, although other factors such as secondary
poisoning from prairie dog toxicants and canine distemper could also
have caused this decline.
In 1964, a population of ferrets was discovered in South Dakota,
but disappeared from the wild in 1974. The species was then thought to
be extinct until in 1981 when a small population was discovered near
Meeteetse, Wyoming. In 1985-1986, the Meeteetse population was
drastically reduced in numbers due to an outbreak of canine distemper.
In 1986-87, 18 animals were taken into captivity to serve as founders
for a captive propagation program. Today, the captive population exists
of approximately 400 animals held at 7 separate facilities.
3. Recovery Efforts
The recovery plan for the black-footed ferret (U.S. Fish and
Wildlife Service 1988) establishes a national recovery objective to
ensure the 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 then be downlisted to threatened status, assuming that the
extinction rate of established populations remains at or below the rate
at which new populations are established. Cooperative efforts to rear
black-footed ferrets in captivity have been successful and in 8 years,
the captive population has increased from 18 to over 400 animals. In
1988, the single captive population was divided into three
subpopulations to avoid the possibility of a catastrophic event
eliminating the entire captive population. Presently, there are 7
separate subpopulations in captivity. Recovery efforts are now focusing
on the reintroduction of animals back into the wild since a captive
population of 240 breeding adults has been achieved.
4. Reintroduction Sites
The Service, in cooperation with 11 western State wildlife
agencies, identified potential ferret reintroduction sites within the
historical range of the species. The Service selects these
reintroduction sites in coordination with the Black Footed Ferret
Interstate Coordinating Committee. The Northwestern Colorado/
Northeastern Utah Black-footed Ferret Experimental Population Area
(ExPA), the site selected for the fifth release of ferrets, is located
in portions of Rio Blanco and Moffat counties, Colorado; Sweetwater
County, Wyoming; and Uintah and Duchesne counties, Utah.
In Colorado, the ExPA occupies all of Moffat and Rio Blanco
counties west of Colorado State Highway 13, west to the Utah State
line, and north to the Wyoming State line. In Wyoming, the ExPA runs
between Range 96 and 97 West (eastern edge), Range 102 and 103 West
(western edge), and Township 14 and 15 North (northern edge). In Utah,
the ExPA occupies all of Uintah and Duchesne counties in northeastern
Utah. The eastern border of Uintah County adjoins the western borders
of Moffat and Rio Blanco counties in Colorado. Coyote Basin, located on
the Utah/Colorado border is a relatively flat valley surrounded by low
hills and ridges. It is bordered on the south by the White River and
the west by Kennedy Wash. The Coyote Basin Primary Management Zone
(Coyote Basin) is bounded by the Utah-Colorado State line on the east,
by the east-west line separating Townships 7 and 8 South on the north,
by the north-south line separating Ranges 23 and 24 East on the west,
and by the east-west Section line 1.6 kilometers (1 mile) south of
Township 8 South on the south.
The ExPA is made up of a complex of white-tailed prairie dog
colonies that extend from southwestern Wyoming, south to Elk Springs,
Colorado, and west to Vernal, Utah. The dispersal of ferrets outside
the proposed experimental area is highly unlikely due to its large size
(3,218,907 hectares or 7,953,920 acres), the absence of suitable
surrounding habitat (lack of prairie dog towns), and the presence of
vegetative and topographical barriers. There are approximately 69,834
hectares (172,560 acres) of white-tailed prairie dog colonies in the
ExPA that could potentially support at least 139 families of ferrets.
Contiguous prairie dog colonies and the lack of any physical
barriers between the White River Resource Area in Colorado and Coyote
Basin in Utah should provide for the movement of ferrets between the
two areas. Ferrets released in Coyote Basin are likely to disperse to
suitable contiguous habitats in Colorado. Due to the presence of
physical barriers and less suitable prairie dog towns, the dispersal of
ferrets from the Little Snake Management Area release site to other
areas within the ExPA is less likely. Any ferret found within the
boundaries of the ExPA will be treated as experimental and
nonessential.
a. Northwestern Colorado Experimental Population Sub-Area
In 1987, the Colorado Prairie Dog Management Group and the Black-
footed Ferret Recovery Working Group selected northwestern Colorado as
a potential release site because of: (1) the historical presence of
ferrets in the area, (2) the abundance of prairie dogs, (3) the
extensive amount of lands under management by the Bureau of Land
Management (Bureau), and (4) the area's relative isolation from human
activities.
The Northwestern Colorado Experimental Population Sub-Area includes
lands in northwestern Colorado and southwestern Wyoming and this sub-
area was historically occupied by black-footed ferrets. Recently,
numerous surveys have been conducted in this area without locating
ferrets. The Wyoming Black-footed Ferret Advisory Team endorses the
experimental population area as defined in this rule (Bob Luce, Wyoming
Game and Fish Department, in litt. 1993). The Colorado sub-area is
about 12,186 kilometers (4,705 square miles) in size, and consists of
approximately 49.5 percent Bureau lands, 38 percent private lands, 6
percent State school lands, 5 percent National Park Service lands, 1
percent Colorado Division of Wildlife lands, and 0.5 percent National
Wildlife Refuge lands. Prairie dog towns cover approximately 65,620
hectares (162,146 acres) of this sub-area and they occur primarily on
Bureau lands that are administered by the Little Snake Resource Area
(Little Snake), the White River Resource Area (White River), and the
Green River Resource Area (Green River).
b. Northeastern Utah Experimental Population Sub-Area
The Northeastern Utah Experimental Population Sub-Area, containing
2,001,101 hectares (4,942,720 acres) of habitat, includes all of Uintah
and Duchesne counties in Utah. This sub-area lies within the historic
range of the species. The Utah Black-footed Ferret Working Group
selected Coyote Basin as the preferred reintroduction site because of
its prairie dog numbers and their distribution. The Bureau and the Utah
School and Institutional Trust Lands Administration (Utah Trust) manage
most of the lands in Coyote Basin.
Black-footed ferrets will be released in the management areas only
if certain
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biological conditions are suitable, and meet the management framework
that has been developed with the Colorado Division of Wildlife, the
Utah Division of Wildlife Resources, the Service, and private
landowners. The Service will reevaluate this reintroduction effort
should any of the following conditions occur:
(a) Failure to maintain sufficient habitat to support at least 30
breeding adults after five years.
(b) Failure to maintain at least 90 percent of prairie dog habitat
that was available in 1993.
(c) A wild ferret population is found within the ExPA following the
initial reintroduction and prior to the first breeding season.
(d) An active case of canine distemper or any other contagious
disease is discovered in any animal on or near the reintroduction area
six months prior to the scheduled release.
(e) Less than 20 captive black-footed ferrets are available for the
first release.
(f) Funding is not available to implement the reintroduction phase
of the project in northwestern Colorado/northeastern Utah.
(g) Land ownership changes or cooperators withdraw from the
project.
5. Reintroduction Protocol
The reintroduction protocol calls for the release of 20 or more
captive ferrets in the first year of the program, and up to 50 or more
animals annually for the following 2 to 4 years. Released animals must
be excess to the needs for the continuation of the captive breeding
program and any loss of animals will not affect the overall genetic
diversity of the captive population. Since captive breeding of ferrets
will continue, any animal lost in the reintroduction effort can be
replaced. In future releases, it may be necessary to obtain ferrets
from established reintroduced populations in order to enhance the
genetic diversity of future released animals.
Two methods (hard and soft release) have been successfully employed
for releasing captive ferrets into the wild. A hard release is when
animals which are not conditioned are released into the wild a short
time after arrival. A soft release is when the animals are supplied
food, shelter, and protection from predators for an extended period of
time before their release. In both methods, ferrets are released from
cages above ground with access to underground nest boxes. Captive-bred
ferrets are preconditioned by placing them in large pens that enclose a
portion of a prairie-dog colony. It may also be necessary to surround
each above-ground cage with an electric fence to prevent damage from
livestock or access by predators. The Service, along with its
cooperators (collectively referred to as the Service), will decide
which reintroduction method is best suited for the release. The Service
is currently developing a specific release protocol that will become a
condition of the endangered species permit authorizing the northwestern
Colorado/northeastern Utah release. To enhance reintroduction success,
pregnant females will be allowed to whelp on site and after
acclimation, the family groups will then be released into the wild.
Released animals will be vaccinated against certain diseases
(including canine distemper) and measures will be taken to reduce
predation from coyotes, badgers, and raptors. All released ferrets will
be marked (with passive integrated transponder tags (PIT tags)) and
several animals will be radio-collared to monitor their 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 animals could die during the first year of release.
Mortality is usually the highest during the first month of release. In
the first year of the program, a realistic goal is to have at least 10
percent of the animals survive the first winter.
The goal of the Colorado/Utah reintroduction is to establish a
free-ranging population of at least 30 adults within the ExPA after
five years of release. At the release site, the Service will monitor
population demographics and all sources of mortality on an annual basis
(for up to five years). The Service does not expect to change the
nonessential designation for this experimental population unless it
deems this reintroduction a failure or the black-footed ferret is fully
recovered in the wild.
6. Status of Reintroduced Population
This reintroduction is determined to be nonessential to the
continued existence of the species for the following reasons:
(a) The captive population (founder population of the species) has
been protected against the threat of extinction from a single
catastrophic event by dividing it into seven separate subpopulations.
Hence, 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 are
the 240 adults in the captive breeding population. Animals selected for
reintroduction purposes are not needed to maintain the captive
population. Hence, any loss of animals in reintroduction will not
affect the overall genetic diversity of the species.
(c) Any animals lost during this reintroduction attempt will be
replaced through captive breeding. Juvenile ferrets are being produced
in excess of the numbers needed to maintain the breeding population in
captivity.
This will be the fifth release of ferrets back into the wild. The
other reintroductions were in Wyoming, southwestern South Dakota,
north-central Montana, and Arizona. These reintroductions are necessary
for the recovery of the species so it can eventually be downlisted. The
nonessential experimental population designation alleviates landowner
concerns about possible land use restrictions that would otherwise
apply under the provisions of the Act. This nonessential designation
provides a more flexible management framework for protecting and
recovering black-footed ferrets while ensuring that the daily
activities of landowners can continue.
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 1991, extensive surveys have been conducted for black-
footed ferrets at the proposed relocation sites. No ferrets or their
sign (skulls, feces, trenches) were located. Therefore, the Service has
concluded that wild ferrets are no longer present in the ExPA, and that
this reintroduction will not overlap with any wild population.
Before the first breeding season, the nonessential experimental
population will include all marked ferrets in the ExPA. After the first
breeding season, the nonessential experimental population will include
all ferrets located in the ExPA, including any unmarked offspring. All
released ferrets and their offspring should remain in the ExPA because
of prime prairie dog colonies and the surrounding geographic barriers.
The Service will capture any ferret that leaves the ExPA and will
either return it to the release site, translocate it to another site,
place it in captivity, or leave it. If a ferret leaves the
reintroduction area (but remains within the ExPA) and takes up
residence on private property, the landowner can request its removal.
If the landowner has no objection to its presence on his/her property,
the animal will not be removed.
[[Page 23205]]
All released ferrets will be marked and the Service will attempt to
determine the source of any unmarked animals found at the release site.
Any ferret found outside the ExPA will be considered endangered, and
may be captured for genetic testing. If the animal is genetically
unrelated to members of the experimental population (possibly a wild
animal), it will be retained for use in the captive breeding program.
Under existing contingency plans, up to nine such ferrets can be
captured for the captive population. If a landowner outside the
experimental population area wishes black footed ferrets to remain on
his/her property, the Service will develop a conservation agreement in
cooperation with the landowner.
8. Management
This reintroduction will be undertaken in cooperation with the
Bureau, the Colorado Division of Wildlife, and the Utah Division of
Wildlife Resources and in accordance with the Cooperative Management
Plan for Black-footed Ferrets-Little Snake Management Area and the
Cooperative Plan for the Reintroduction and Management of Black-footed
Ferrets in Coyote Basin, Uintah County, Utah. Copies of the respective
plans can be obtained from the District Manager, Bureau of Land
Management, 455 Emerson Street, Craig, Colorado, 81625, and the
Regional Manager, Utah Division of Wildlife Resources, Northern Region,
152 East 100 North, Vernal, Utah 84078.
Additional considerations pertinent to the reintroduction are
discussed below:
a. Monitoring
Several monitoring efforts are planned during the first 5 years of
the program. The Service will monitor prairie dog distribution and
numbers, and the occurrence of sylvatic plague annually. Testing for
canine distemper will be conducted on an annual basis starting prior to
the release. Reintroduced ferrets and their offspring will be surveyed
annually by use of spotlight surveys, snowtracking, and other visual
surveys. Several ferrets will be radio-collared for more intensive
tracking. Surveys will be conducted to monitor breeding success and
juvenile survival rates.
Through public outreach programs, the Service will inform the
public and other State and Federal agencies about the presence of
ferrets in the ExPA and the handling of any sick or injured animals.
The Service has requested that the Colorado Division of Wildlife and
the Utah Division of Wildlife Resources serve as the primary contacts
for governmental agencies and private landowners whose jurisdictions
are within the reintroduction area. These agencies will also serve as
the primary contacts to report any injured or dead ferrets. All reports
of any injured or dead animals should be referred to the appropriate
Service Field Supervisor in each respective State (see ADDRESSES
section). The Field Supervisor will also notify the Service's Division
of Law Enforcement concerning any dead or injured ferret. Any ferret
carcass found should not be disturbed so the cause of death may be
determined.
b. Disease Considerations
Should canine distemper be reported in any mammal on or near the
reintroduction site, the Service will reevaluate the reintroduction
program. At least 10 coyotes (and possibly a few badgers) from the
release site will be tested for canine distemper before ferrets are
released. The Service will attempt to limit the spread of distemper by
discouraging people from bringing unvaccinated pets into the ExPA.
People will be requested to report any dead mammal or any unusual
behavior observed in animals 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 take place before and during the reintroduction efforts.
c. Genetic Considerations
Ferrets selected for the reintroduction are excess to the needs of
the captive population. Experimental populations of ferrets are usually
less genetically diverse than the 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 as it is possible to attain with the founder
individuals.
d. Prairie Dog Management
The Service will work with landowners and Federal and State
agencies in the ExPA to resolve any management conflicts in order to:
(1) maintain sufficient prairie dog colonies to support up to 30 adult
black-footed ferrets and (2) to maintain at least 90 percent of the
prairie dog habitat that was available in 1993.
e. Mortality
Only animals which are not needed for the captive breeding program
will be used for this reintroduction. Predator control, prairie dog
management, vaccination, supplemental feeding, and/or improved release
methods should partially offset any natural mortality. Public education
will help reduce potential sources of human-related 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 ExPA provided that any
resulting injury or mortality to a ferret is unintentional, and was not
due to negligence or malicious conduct. Such conduct will not be
considered ``knowingly taking'' and the Service will not pursue any
legal recourse. However, knowingly taking a ferret will be referred to
the appropriate authorities for prosecution. The Service requests that
any take, whether incidental or not, of a black-footed ferret be
reported immediately to the Service's Field Supervisor (see ADDRESSES
section). The Service expects a low level of incidental take since the
reintroduction is compatible with traditional land use practices in the
area.
It is anticipated that annual incidental take will be about 12
percent of all reintroduced ferrets and their offspring. If this level
is exceeded in any given year, the Service will develop and implement
measures to reduce the level of incidental take.
f. Special Handling
Under special regulations that apply to experimental populations,
Service employees and agents acting on their behalf may handle black-
footed ferrets for scientific purposes, relocation efforts to avoid
conflict with human activities, recovery efforts, relocation to other
reintroductions sites, and in aiding sick, injured, and orphaned
animals, or salvaging dead animals. Any ferret not fit to remain in the
wild will be placed in captivity. The Service will also determine
disposition of all sick, injured, orphaned, and dead animals.
g. Coordination With Landowners and Land Managers
The Service and its cooperators tried to identify all major issues
associated with this reintroduction before the development of the
proposed rule. This proposed reintroduction was discussed with State
agencies and landowners within the release site. They indicated their
support for the project as long as--(1) the animals released in the
ExPA are designated as a nonessential experimental population, and (2)
that land use activities in the ExPA are not restrained without the
knowledge and consent of the landowners.
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h. Potential for Conflict With Oil, Gas and Mineral Development
Activities
Development of minerals, oil and gas in the Little Snake Resource
Area, could reduce available ferret habitat by approximately 3 percent
(890 hectares, or 2,200 acres), if oversight is not provided. Within
Coyote Basin in Utah, mineral extraction is the primary land use.
However, the development of existing oil, gas, and mineral resources
will not jeopardize the establishment of ferrets in the release area.
The Service will work with exploration companies to avoid any adverse
impacts to ferrets and their habitat, should any new oil or gas fields
be developed in the Coyote Basin. The Service encourages land
management agencies and landowners within the management area to adopt
the Coyote Basin Management Plan mineral extraction guidelines.
Additionally, the Service is currently developing new oil and gas
guidelines for any future leases that will be issued in existing
prairie dog ecosystems now being managed for black-footed ferret
recovery.
i. Potential for Conflict With Grazing and Recreational Activities
The Service does not expect conflicts between livestock grazing and
ferret management. As a result of this reintroduction, no additional
restrictions will be placed on grazing or prairie dog control on
private lands within the ExPA . If proposed prairie dog control on
private or State trust lands locally affect ferret prey base within a
specific area, State and Federal biologists will determine whether
ferrets could be impacted. Big game hunting, prairie dog shooting, and
trapping of furbearers or predators on the ExPA are not expected to
adversely affect ferrets. If private activities impede the
establishment of ferrets, the Service will work closely with landowners
to develop appropriate procedures to minimize the conflicts.
j. Protection of Black-footed Ferrets
Ferrets will be released 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 the management of prairie dog
populations should help reduce natural mortality. Human sources of
mortality will be minimized by releasing ferrets in areas with little
human activity and development. The Service will work with landowners
to help avoid certain activities that could impair ferret recovery.
k. Public Awareness and Cooperation
Educational efforts will be undertaken to inform the general public
of the importance of this reintroduction project in the overall
recovery of the black-footed ferret. This program should increase
public awareness of the significance of the ExPA program and the
habitats upon which ferrets depend.
l. Overall
The designation of the northwestern Colorado/northeastern Utah
population as a nonessential experimental population should encourage
local cooperation since it allows greater flexibility in conducting
normal activities within the release site. This designation is
necessary in order to receive full cooperation from landowners,
Federal, State and local governmental agencies, and recreational
interests within the release site. 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 ExPA will further the conservation and recovery
of the species.
Public Comments Solicited
The Service intends that any action resulting from this proposed
rulemaking to establish a northwestern Colorado/northeastern Utah
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
Federal, State, and local governmental agencies, the scientific
community, industry, and any other interested party. 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, if requested,
within 45 days from the date of publication of the proposal. Such
requests for a hearing must be made in writing and addressed to the
appropriate Field Supervisor for each State (see ADDRESSES section).
National Environmental Policy Act
The Service has prepared a draft environmental assessment as
defined under the authority of the National Environmental Policy Act of
1969. It is available from the Service Offices identified in the
ADDRESSES section.
Required Determinations
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements.
Reintroduction of ferrets as proposed in this rulemaking would not
have any significant effect on recreational activities in the
experimental area. No closures of roads, trails or other recreational
areas are expected, and only voluntary reductions in prairie dog
shooting activities are expected. Because present regulations require
that oil, gas and other mineral operations within the effected area
comply with restrictions associated with wildlife, special status plant
species, and livestock lambing grounds, ferret reintroduction is not
expected to cause any significant change in these activities. Current
mining projects would proceed as planned and any conflicts with future
projects would be worked out in the early planning stages. No changes
in current BLM grazing allotments are expected as a result of ferret
reintroduction, and only temporary grazing restrictions within one
quarter mile of release cages or other equipment are expected. 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. Due to
the minimal effects anticipated, this rulemaking is not subject to
review by the Office of Management and Budget under Executive Order
12866. Similarly, review under the Regulatory Flexibility Act of 1980
(5 U.S.C. 601 et seq.) has revealed that this rulemaking would not have
a significant effect on a substantial number of small entities, which
include businesses, organizations, or governmental jurisdictions,
because no substantial changes in economic activity are expected.
Because this rulemaking does not require that any action be taken by
local or state governments or private entities, the Service has
determined and certifies pursuant to the Unfunded Mandates 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.
[[Page 23207]]
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.
Forrest, S.C., T.W. Clark, L. Richardson, and T.M. Campbell III.
1985. Black-footed ferret habitat: some management and
reintroduction considerations. Wyoming Bureau of Land Management,
Wildlife Technical Bulletin, No. 2. 49 pages.
Henderson, F.R., P.F. Springer, and R. Adrian. 1969. The black-
footed ferret in South Dakota. South Dakota Department of Game, Fish
and Parks, Technical Bulletin 4:1-36.
U.S. Fish and Wildlife Service. 1988. Black-footed ferret recovery
plan. U.S. Fish and Wildlife Service, Denver, Colorado. 154 pages.
Authors
The primary authors of this rule are Robert Leachman (see FOR
FURTHER INFORMATION CONTACT section) and Marilet A. Zablan (see
ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation 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. Section 17.11(h) is amended by revising the existing entry for
the ``Ferret, black-footed'' under Mammals to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------- population where Critical
Historic range endangered or Status When listed habitat Special rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Mammals
* * * * * * *
Ferret, black-footed.......... Mustela nigripes. Western U.S.A., Entire, except E 1, 3, 343,______..... NA NA
Western Canada. where listed as
an experimental
population.
Do........................ ......do......... ......do......... U.S.A. [specific XN 433,______ NA 17.84(g)
portions of WY,
SD, MT, AZ, CO,
and UT, see
17.84(g)(9)].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 population identified in paragraph
(g)(9)(i), (g)(9)(ii), and (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 area, 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 Little Snake
Black-footed Ferret Management Area/Coyote Basin Primary Management
Zone 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)(12) of this section;
(iv) To relocate ferrets within the experimental population area 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 Supervisor, who will determine the disposition of any
live or dead specimens.
[[Page 23208]]
(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 Field Supervisor, Ecological Services, Fish and
Wildlife Service, Phoenix, Arizona (telephone: 602/640-2720).
(v) Such taking in the northwestern Colorado/northeastern Utah
experimental population area must be reported to the appropriate Field
Supervisor, Ecological Services, U.S. Fish and Wildlife Service,
Golden, Colorado (telephone: 303/231-5280), or Salt Lake City, Utah
(telephone: 801/524-5001).
(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 populations 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 for 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 ferret 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 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 comprise the
nonessential experimental population thereafter. 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 take the following action 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 is shown on the
attached map for Arizona and 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, Mohave, 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 Supai Road (State Route 18),
southwest along the Supai Road to township 26 North, then west to Range
11 west, then south to the Hualapai Indian Reservation boundary, then
east and northeast along the Hualapai Indian Reservation boundary to
U.S. Highway Route 66; then southeast along Route 66 for approximately
6 km (2.3 miles) to a point intercepting the east boundary of Section
27, Township 25 North, Range 9 West; then south along a line to where
the Atchison-Topeka Railroad enters Yampa Divide Canyon; then southeast
along the Atchison-Topeka Railroad alignment to the intersection of the
Range 9 West/Range 8 West boundary; then south to the SE corner of
Section 12, Township 24 North, Range 9 West; then southeast to SE
corner Section 20, Township 24 West, Range 8 West; then south to the SE
corner Section 29, Township 24 North, Range 8 West; then southeast to
the half section point on the east boundary line of Section 33,
Township 24 North, Range 8 West; then northeast to the SE corner of
Section 27, Township 24 North, Range 8 West; then southeast to the SE
corner Section 35, Township 24 North, Range 8 West; then
[[Page 23209]]
southeast to the half section point on the east boundary line of
Section 12, Township 23 North, Range 8 West; then southeast to the SE
corner of Section 8, Township 23 North, Range 7 West; then southeast to
the SE corner of Section 16, Township 23 North, Range 7 West; then east
to the half section point of the north boundary line of Section 14,
Township 23 North, Range 7 West; then south to the half section point
on the north boundary line of Section 26, Township 23 North, Range 7
West; then east along section line to route 66; then southeast along
route 66 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 determined to have originated from the
experimental population, either genetically or through tagging devices,
it may be returned to the reintroduction area or to a captive facility.
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.
(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.
(v) The Little Snake Black-footed Ferret Management Area in
Colorado and the Coyote Basin Black-footed Ferret Primary Management
Zone in Utah will be considered the initial recovery sites for this
species within the Northwestern Colorado/Northeastern Utah Experimental
Population Area (see Colorado/Utah map). The boundaries of the
nonessential Experimental Population Area will be all of Moffat and Rio
Blanco counties in Colorado west of Colorado State Highway 13; all of
Uintah and Duchesne counties in Utah; and in Sweetwater County,
Wyoming, the line between Range 96 and 97 West (eastern edge), Range
102 and 103 West (western edge), and Township 14 and 15 North (northern
edge). All marked ferrets found in the wild within these boundaries
prior to the first breeding season following the first year of release
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 of ferrets into the reintroduction area will comprise the
nonessential experimental population thereafter. A black-footed ferret
occurring outside the Experimental Population Area 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 would 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 used 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 diseases 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 its 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 the experimental population will be reevaluated
within the first 5 years after the first year of release 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.
* * * * *
BILLING CODE 4310-55-P
[[Page 23210]]
Sec. 17.84 [Amended]
4. It is proposed to amend section 17.84 by adding a map to follow
the existing maps at the end of this paragraph (g).
[GRAPHIC] [TIFF OMITTED] TP29AP97.000
[[Page 23211]]
Dated: March 23, 1997.
Don Barry,
Deputy Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 97-10978 Filed 4-28-97; 8:45 am]
BILLING CODE 4310-55-C
