[Federal Register Volume 67, Number 176 (Wednesday, September 11, 2002)]
[Proposed Rules]
[Pages 57558-57567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23068]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AI60
Endangered and Threatened Wildlife and Plants; Proposed
Establishment of a Nonessential Experimental Population of Black-footed
Ferrets in South-central South Dakota
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of hearing.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in
cooperation with the Rosebud Sioux Tribe (Tribe), the U.S. Forest
Service, and the U.S. Bureau of Indian Affairs propose to reintroduce
endangered black-footed ferrets (Mustela nigripes) into south-central
South Dakota on the Rosebud Sioux Reservation. The purposes of this
proposed reintroduction are to implement actions required for recovery
of the species and to evaluate and improve reintroduction techniques
and management applications. If this rule is finalized by October 2002,
we will release surplus captive-raised and/or wild-born black-footed
ferrets in the fall of 2002, and release additional animals annually
for several years thereafter until a self-sustaining population is
established. If this reintroduction program is successful, a wild
population could be established in 5 years or less. The Rosebud Sioux
Reservation black-footed ferret 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). We would
manage this population under provisions of this proposed special rule.
A draft environmental assessment has been prepared on this proposed
action.
DATES: Comments from all parties on both the proposed rule and the
draft environmental assessment must be received by: October 11, 2002. A
public hearing has been scheduled for September 26, 2002 from 4:00 p.m.
until 6:00 p.m. in the Commons Area at the Multi-Cultural Center in
Mission, South Dakota. An informational meeting/open house will be held
prior to this meeting
[[Page 57559]]
from 10:00 a.m. until 4:00 p.m. at the same location.
ADDRESSES: Send your comments on this proposed rule or the draft
environmental assessment to Pete Gober, Field Supervisor, or Scott
Larson, Fish and Wildlife Biologist, U.S. Fish and Wildlife Service,
Ecological Services Office, 420 South Garfield Avenue, Suite 400,
Pierre, South Dakota 57501, or telephone (605) 224-8693. Comments
received will be available for public inspection, by appointment,
during normal business hours at the above address. You may obtain
copies of the draft environmental assessment from the above address or
by calling (605) 224-8693.
FOR FURTHER INFORMATION CONTACT: Mike Lockhart at (307) 721-8805.
SUPPLEMENTARY INFORMATION:
Background
1. Legislative: Congress made significant changes to the Act in
1982 with addition of section 10(j), which provides for the designation
of specific reintroduced populations of listed species as
``experimental populations.'' Previously, we had authority to
reintroduce populations into unoccupied portions of a listed species'
historical range when doing so would foster the conservation and
recovery of the species. However, local citizens often opposed these
reintroductions because they were concerned about placement of
restrictions and prohibitions on Federal and private activities. Under
section 10(j), the Secretary of the Department of the Interior can
designate reintroduced populations established outside the species'
current range, but within its historical range, as ``experimental.''
Based on the best available information, we must determine whether an
experimental population is ``essential'' or ``nonessential'' to the
continued existence of the species. Regulatory restrictions are
considerably reduced under a Nonessential Experimental Population (NEP)
designation.
Under the Act, species listed as endangered or threatened are
afforded protection primarily through the prohibitions of section 9 and
the requirements of section 7. Section 9 of the Act prohibits the take
of endangered wildlife. ``Take'' is defined by the Act as harass, harm,
pursue, hunt, shoot, wound, trap, capture, or collect, or attempt to
engage in any such conduct. Service regulations (50 CFR 17.31)
generally extend the prohibition of take to threatened wildlife.
Section 7 of the Act outlines the procedures for Federal interagency
cooperation to conserve federally listed species and protect designated
critical habitats. It mandates all Federal agencies to determine how to
use their existing authorities to further the purposes of the Act to
aid in recovering listed species. It also states that Federal agencies
will, in consultation with the Service, ensure that any action they
authorize, fund, or carry out is not likely to jeopardize the continued
existence of a listed species or result in the destruction or adverse
modification of designated critical habitat. Section 7 of the Act does
not affect activities undertaken on private lands unless they are
authorized, funded, or carried out by a Federal agency.
For purposes of section 9 of the Act, a population designated as
experimental is treated as threatened regardless of the species'
designation elsewhere in its range. Through section 4(d) of the Act,
threatened designation allows us greater discretion in devising
management programs and special regulations for such a population.
Section 4(d) of the Act allows us to adopt whatever regulations are
necessary to provide for the conservation of a threatened species. In
these situations, the general regulations that extend most section 9
prohibitions to threatened species do not apply to that species, and
the special 4(d) rule contains the prohibitions and exemptions
necessary and appropriate to conserve that species. Regulations issued
under section 4(d) for NEPs are usually more compatible with routine
human activities in the reintroduction area.
For the purposes of section 7 of the Act, we treat NEPs as
threatened species when the NEP is located within a National Wildlife
Refuge or National Park, and section 7(a)(1) and the consultation
requirements of section 7(a)(2) of the Act apply. Section 7(a)(1)
requires all Federal agencies to use their authorities to conserve
listed species. Section 7(a)(2) requires that Federal agencies consult
with the Service before authorizing, funding, or carrying out any
activity that would likely jeopardize the continued existence of a
listed species or adversely modify its critical habitats. When NEPs are
located outside a National Wildlife Refuge or National Park, we treat
the population as proposed for listing and only two provisions of
section 7 would apply--section 7(a)(1) and section 7(a)(4). In these
instances, NEPs provide additional flexibility because Federal agencies
are not required to consult with us under section 7(a)(2). Section
7(a)(4) requires Federal agencies to confer with the Service on actions
that are likely to jeopardize the continued existence of a proposed
species. The results of a conference are advisory in nature and do not
restrict agencies from carrying out, funding, or authorizing
activities.
Individuals used to establish an experimental population may come
from a donor population, provided their removal will not create adverse
impacts upon the parent population, and provided appropriate permits
are issued in accordance with our regulations (50 CFR 17.22) prior to
their removal. In this case, the donor ferret population is a captive-
bred population, which was propagated with the intention of re-
establishing wild populations to achieve recovery goals. In addition,
wild progeny from other NEP areas (and which also originated from
captive sources) may be directly translocated to the proposed
reintroduction site.
2. Biological: The black-footed ferret is a member of the Mustelid
or weasel family; has a black facemask, black legs, and a black-tipped
tail; is nearly 60 centimeters (2 feet) in length; and weighs up to 1.1
kilograms (2.5 pounds). It is the only ferret species native to North
America. The historical range of the species, based on specimen
collections, extends over 12 western States (Arizona, Colorado, Kansas,
Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South Dakota,
Texas, Utah, and Wyoming) and the Canadian Provinces of Alberta and
Saskatchewan. Prehistoric evidence indicates that ferrets once occurred
from the Yukon Territory in Canada to Mexico and Texas (Anderson et al.
1986).
Black-footed ferrets depend almost exclusively on prairie dog
colonies for food, shelter, and denning (Henderson et al. 1969, updated
1974; Forrest et al. 1985). The range of the ferret coincides with that
of prairie dogs (Anderson et al. 1986), and ferrets with young have
been documented only in the vicinity of active prairie dog colonies.
Historically, black-footed ferrets have been reported in association
with black-tailed prairie dog (Cynomys ludovicianus), white-tailed
prairie dog (Cynomys leucurus), and Gunnison's prairie dog (Cynomys
gunnisoni) towns (Anderson et al. 1986).
Significant reductions in both prairie dog numbers and distribution
occurred during the last century due to widespread poisoning of prairie
dogs, the conversion of native prairie to farmland, and outbreaks of
sylvatic plague, particularly in the southern portions of several
species of prairie dog ranges in North America. Sylvatic plague arrived
from Asia in approximately 1900. It is an exotic disease foreign to the
evolutionary
[[Page 57560]]
history of prairie dogs, who have little or no immunity to it. Black-
footed ferrets are also highly susceptible to sylvatic plague. This
severe reduction in the availability of their principal prey species,
in combination with other factors such as secondary poisoning from
prairie dog toxicants, resulted in the near extinction of the black-
footed ferret in the wild by the early 1970s.
In 1974, a remnant wild population of ferrets in South Dakota,
originally discovered in 1964, abruptly disappeared. As a result, we
believed the species to be extinct. However in 1981, a small population
was discovered near Meeteetse, Wyoming. In 1985-1986, the Meeteetse
population declined to only 18 animals due to an outbreak of sylvatic
plague and canine distemper. Following this critical decline, the
remaining individuals were taken into captivity in 1986-1987 to serve
as founders for a captive propagation program. Since that time,
captive-breeding efforts have been highly successful and have
facilitated ferret reintroductions over a broad area of formally
occupied range. Today, the captive population of juveniles and adults
annually fluctuates between 300 and 600 animals depending on time of
year, yearly reproductive success, and annual mortalities. The captive
ferret population is currently divided among six captive-breeding
facilities throughout the United States and Canada, with a small number
on display for educational purposes at several facilities. Also, 65 to
90 ferrets are located at several field-based captive-breeding sites in
Arizona, Colorado, Montana, and New Mexico.
3. Recovery Goals/Objectives: The recovery plan for the black-
footed ferret (U.S. Fish and Wildlife Service 1988) contains the
following recovery objectives for downlisting, that is,
reclassification from endangered to threatened:
(a) Increasing the captive population of ferrets to 200 breeding
adults by 1991 (which has been achieved);
(b) Establishing a prebreeding population of 1,500 free-ranging
breeding adults in 10 or more different populations, with no fewer than
30 breeding adults in each population by the year 2010 (on-going); and,
(c) Encouraging the widest possible distribution of reintroduced
animals throughout their historical range (on-going).
Although several reintroduction efforts have occurred throughout
the ferret's range, populations may have become self-sufficient at only
one site in South Dakota.
We can reclassify the black-footed ferret from endangered to
threatened status when the recovery objectives listed above have been
achieved, assuming that the mortality rate of established populations
remains at or below a rate at which new populations become established
or increase. We have been successful in rearing black-footed ferrets in
captivity, and in 1997 we reached captive-breeding program objectives.
In 1988, we divided the single captive population into three
subpopulations to avoid the possibility of a catastrophic event
eliminating the entire captive population (e.g., contagious disease).
Additional breeding centers were added later, and currently there are
six separate subpopulations in captivity. Current recovery efforts
emphasize the reintroduction of animals back into the wild from the
captive source stock. Surplus individuals produced in captivity are now
available for use on reintroduction areas.
4. Reintroduction Sites: The Service, in cooperation with western
State and Federal agencies, Tribal representatives, and conservation
groups, evaluates potential black-footed ferret reintroduction sites
and has previously initiated ferret reintroduction projects at several
sites within the historical range of the species. The first
reintroduction project occurred in Wyoming in 1991 and subsequent
efforts have taken place in South Dakota and Montana in 1994, Arizona
in 1996, a second effort in Montana in 1997, in Colorado/Utah in 1999,
a second site in South Dakota in 2000, and Mexico in 2001. The Service
and the Black-footed Ferret Recovery Implementation Team (comprised of
27 State and Federal agencies, Indian Tribes, or conservation
organizations) have identified the Rosebud Sioux Reservation
(Reservation) as a high-priority black-footed ferret reintroduction
site due to its extensive black-tailed prairie dog habitat and the
absence of sylvatic plague (Black-footed Ferret Recovery Implementation
Team 2000).
In the early 1990s, the Bureau of Indian Affairs (1995) estimated
the acreage of prairie dog colonies on Rosebud Tribal Trust lands at
18,218 hectares (ha) (45,000 acres (ac)). In the mid-1990s, the Tribe
evaluated a black-footed ferret reintroduction effort and completed
some of the activities (habitat evaluations) necessary to begin such
reintroduction efforts. In 2001, the Tribe began additional activities
to work toward a ferret reintroduction and has worked with the Service
to gather information necessary to establish an NEP designation for any
ferret reintroductions that may occur.
a. Rosebud Sioux Reservation Experimental Population Reintroduction
Area: The proposed area to be designated as the Rosebud Sioux
Reservation Black-footed Ferret Experimental Population Area
(Experimental Population Area) overlays all of Gregory, Mellette, Todd,
and Tripp Counties in South Dakota. Any black-footed ferret found
within these four counties would be considered part of an NEP. Within
the Experimental Population Area, the proposed primary reintroduction
area will be in large black-tailed prairie dog complexes located in
Todd County near the town of Parmelee. The Town of Rosebud is
approximately 10 air miles away and is the location of the Rosebud
Sioux Tribal offices. Rosebud is approximately 160 kilometers (100
miles) south of Pierre, the capital of South Dakota.
The Experimental Population Area supports at least two large
complexes of black-tailed prairie dog colonies located within the four-
county area. These counties encompass approximately 1,391,862 ha
(3,437,900 ac). Approximately 26 percent or 356,411 ha (880,336 ac) of
the Experimental Population Area is Tribal and Allotted Trust lands of
the Rosebud Sioux Tribe. The majority of this Tribal and Allotted Trust
land is native rangeland used for grazing.
Large acreages within the Experimental Population Area are owned by
private landowners (approximately 70 percent), although much less in
the primary reintroduction area, but no ferrets will be released on
private lands. Designating reintroduced ferrets as an NEP should
minimize potential issues that may arise with a reintroduction in the
vicinity of private lands. The Tribe and other cooperators agree that
if ferrets disperse onto private lands, they will capture and
translocate the ferrets back to Tribal lands if requested by the
landowner or if necessary for the protection of the ferrets. Any
activity needing access to private lands will be conducted only with
the permission of the landowner.
Black-footed ferret dispersal to and occupation of areas outside of
the Experimental Population Area is unlikely to occur towards the east,
north, and south due to the large size of the Experimental Population
Area, the absence of suitable nearby habitat (large contiguous prairie
dog colonies), cropland barriers (e.g., expansive cultivation over the
eastern portion of the Experimental Population Area), and physical
barriers (e.g., the Missouri River to the east). Any expansion
[[Page 57561]]
westerly from the reintroduction site will be handled by recapturing
ferrets and bringing them into the Experimental Population Area or
through future cooperative efforts with the Pine Ridge Indian
Reservation. The Tribe estimates a minimum of approximately 6,072 ha
(15,000 ac) of black-tailed prairie dog colonies are potentially
available to black-footed ferrets in a localized area in northwestern
Todd County and could support over 150 ferret families (characterized
as an adult female, three kits, and one-half an adult male; i.e., one
adult male for every two adult females). Large, contiguous prairie dog
colonies and the absence of physical barriers between prairie dog
colonies in this portion of the Reservation (the primary ferret release
area) should facilitate ferret distribution throughout this complex.
b. Primary Reintroduction Areas: The proposed primary
reintroduction area within the Experimental Population Area would occur
on prairie dog colonies near Parmelee, in northwestern Todd County. The
last remaining population of ferrets in South Dakota was known to exist
in this area and adjacent Mellette County until the early 1970s
(Henderson et al. 1969, updated 1974). This population was studied and
monitored extensively until it disappeared from the wild by 1974.
During monitoring efforts of this ferret population in the 1960s,
researchers located eight road-killed ferrets during their years of
work (Hillman and Linder 1973). No road-killed ferrets have been turned
in or noted from that area since the population was believed extirpated
in the early 1970s. There have been many ferret surveys conducted in
this area in the 1980s and 1990s with no ferrets being located. The
Tribe conducted additional ferret surveys in 2002 and did not locate
any ferrets.
Black-footed ferrets will be released only if biological conditions
are suitable, and meet the management framework developed by the Tribe,
in cooperation with the Bureau of Indian Affairs, the Service, and
landowners/land managers. The Service will re-evaluate ferret
reintroduction efforts in the Experimental Population Area should any
of the following conditions occur:
(i) Failure to maintain sufficient habitat on specific
reintroduction areas to support at least 30 breeding adults after 5
years.
(ii) Failure to maintain prairie dog habitat in the primary
reintroduction area at or near the level available in 2002.
(iii) A wild ferret population is found within the Experimental
Population Area following the initial reintroduction and prior to the
first breeding season. The only black-footed ferrets currently
occurring in the wild result from reintroductions in Arizona, Colorado/
Utah, Montana, South Dakota, Wyoming, and Mexico. Consequently, the
discovery of a black-footed ferret at the proposed Experimental
Population Area prior to the reintroduction would confirm the presence
of a new population and would prevent designation of an experimental
population for the area.
(iv) Discovery of an active case of canine distemper or any other
disease contagious to black-footed ferrets in any animal on or near the
reintroduction area within 6 months prior to the scheduled release that
the cooperators believe may compromise the reintroduction.
(v) Fewer than 20 captive black-footed ferrets are available for
the first release.
(vi) Funding is not available to implement the reintroduction phase
of the project on the Reservation.
(vii) Land ownership changes significantly or cooperators withdraw
from the project.
All the above conditions will be based on information routinely
collected by us or the Tribe.
5. Reintroduction Procedures: In conformance with standard black-
footed ferret reintroduction protocol, no fewer than 20 captive-raised
or wild-translocated black-footed ferrets will be released in the
Experimental Population Area in the first year of the program, and 20
or more animals will be released annually for the next 2 to 4 years.
Under this proposal, we anticipate releasing 50 or more ferrets in the
first year and believe a self-sustaining wild population could be
established on the Reservation within 5 years. Released ferrets will be
excess to the needs of the captive-breeding program and their use will
not affect the genetic diversity of the captive ferret population
(ferrets used for reintroduction efforts can be replaced through
captive breeding). In the future, it may be necessary to interchange
ferrets from established, reintroduced populations to enhance the
genetic diversity of the population on the Experimental Population
Area.
Recent studies (Biggins et al. 1998, Vargas et al. 1998) have
documented the importance of outdoor ``preconditioning'' experience on
captive-reared ferrets prior to release in the wild. Ferrets exposed to
natural prairie dog burrows in outdoor pens and natural prey prior to
release survive in the wild at significantly higher rates than do cage-
reared, non-preconditioned ferrets. At a minimum, all captive-reared
ferrets released within the Experimental Population Area will receive
adequate preconditioning treatments at existing pen facilities in South
Dakota or other western States. In addition, we may translocate wild-
born ferrets (from other NEPs with self-sustaining populations of
ferrets) to the Experimental Population Area.
The Tribe will develop specific reintroduction plans and submit
them in a proposal to the Service as part of an established, annual
black-footed ferret allocation process. Ferret reintroduction
cooperators submit proposals by mid-March of each year, and the Service
makes preliminary allocation decisions (numbers of ferrets provided to
specific projects) by May. Proposals submitted to the Service include
updated information on habitat, disease, project/ferret status,
proposed reintroduction and monitoring methods, and predator
management. In this manner, the Service and reintroduction cooperators
evaluate the success of prior year efforts and apply current knowledge
to various aspects of reintroduction efforts, thereby providing greater
assurance of long-range reintroduction success.
We will transport ferrets to identified reintroduction areas within
the Experimental Population Area and release them directly from
transport cages into prairie dog burrows. Depending on the availability
of suitable vaccine, we will vaccinate released animals against certain
diseases (particularly canine distemper) and take appropriate measures
to reduce predation from coyotes, badgers, and raptors, where
warranted. All ferrets we release will be marked with passive
integrated transponder tags (PIT tags), and we may promote radio-
telemetry studies to document ferret behavior and movements. Other
monitoring will include spotlight surveys, snowtracking surveys, and
visual surveillance.
Since captive-born ferrets are more susceptible to predation,
starvation, and environmental conditions than wild animals, up to 90
percent of the released ferrets could die during the first year of
release. Mortality is usually highest during the first month following
release. In the first year of the program, a realistic goal is to have
at least 25 percent of the animals survive the first winter. The goal
of the Reservation reintroduction project is to establish a free-
ranging population of at least 30 adults within the Experimental
Population Area within 5 years of release. At the release site,
population demographics and potential sources of
[[Page 57562]]
mortality will be monitored on an annual basis (for up to 5 years). We
do not intend to change the nonessential designation for this
experimental population unless we deem this reintroduction a failure or
the black-footed ferret is recovered in the wild.
6. Status of Reintroduced Population: We determine this
reintroduction to be nonessential to the continued existence of the
species for the following reasons:
(a) The captive population (founder population of the species) is
protected against the threat of extinction from a single catastrophic
event by housing ferrets in six separate subpopulations. As a result,
any loss of an experimental population in the wild will not threaten
the survival of the species as a whole.
(b) The primary repository of genetic diversity for the species is
240 adult ferrets maintained in the captive-breeding population.
Animals selected for reintroduction purposes are surplus to the captive
population. Hence, any use of animals for reintroduction efforts will
not affect the overall genetic diversity of the species.
(c) Captive breeding can replace any ferrets lost during this
reintroduction attempt. Juvenile ferrets produced in excess of the
numbers needed to maintain the captive-breeding population are
available for reintroduction.
This proposed reintroduction would be the ninth release of ferrets
back into the wild. The other experimental populations occur in
Wyoming, southwestern South Dakota, north-central Montana (with two
separate reintroduction efforts), Arizona, Colorado/Utah (a single
reintroduction area that overlays both States), and northcentral South
Dakota. A nonessential population of ferrets has been established in
Mexico. Reintroductions are necessary to further the recovery of this
species. The NEP designation alleviates landowner concerns about
possible land use restrictions. This nonessential designation provides
a flexible management framework for protecting and recovering black-
footed ferrets while ensuring that the daily activities of landowners
are unaffected.
7. Location of Reintroduced Population: Section 10(j) of the Act
requires that an experimental population be geographically separate
from other wild populations of the same species. Since the mid-1980s,
black-footed ferret surveys have been conducted in the Experimental
Population Area or close by, and no wild ferrets have been located.
Over 121,457 ha (300,000 ac) of prairie dog colonies were surveyed for
black-footed ferrets in the mid-1980s during a prairie dog control
effort on the Oglala Sioux Tribe's Pine Ridge Indian Reservation
(Superintendent Memorandum 1989). No ferrets were located. In addition
to these surveys, the Tribe and others have spent many hours surveying
prairie dog colonies at the primary reintroduction site. No ferrets or
signs of ferrets (e.g., skulls, feces, trenches) were located.
Therefore, we conclude that wild ferrets are no longer present in the
Experimental Population Area, and that this reintroduction will not
overlap with any wild population.
All released ferrets and their offspring should remain in the
Experimental Population Area due to the presence of prime habitat
(lands occupied by prairie dog colonies) and surrounding geographic
barriers. In an attempt to identify its origin, we will capture any
ferret that leaves the Experimental Population Area and will either
return it to the release site, translocate it to another site, or place
it in captivity. If a ferret leaves the primary reintroduction area,
but remains within the Experimental Population Area, and occupies
private property, the landowner can request its removal. Ferrets will
remain on private lands only when the landowner does not object to
their presence there.
We will mark all released ferrets and will attempt to determine the
source of any unmarked animals found. We will undertake efforts to
confirm whether any ferret found outside the Experimental Population
Area originated from captive stock. If the animal is unrelated to
members of this or other experimental populations (i.e., it is from
non-captive stock), we will place it in captivity as part of the
breeding population to improve the overall genetic diversity of the
captive population. Existing contingency plans allow for the capture
and retention of up to nine ferrets shown not to be from any captive
stock. In the highly unlikely event that a ferret from captive stock is
found outside the Experimental Population Area and if landowner
permission is granted, we will move the ferret back to habitats that
would support the primary population(s) of ferrets.
8. Management: This reintroduction will be undertaken in
cooperation with the Rosebud Sioux Tribe, the Bureau of Indian Affairs,
and the Forest Service in accordance with the ``Cooperative Management
Plan for Black-footed Ferrets, Rosebud Sioux Reservation''. Copies of
the Cooperative Management Plan may be obtained from the Rosebud Sioux
Tribe, Game, Fish and Parks Department, P.O. Box 430, Rosebud, South
Dakota 57570. In the future, we will evaluate whether other black-
footed ferret reintroductions are feasible within the Experimental
Population Area. Cooperating Tribes, agencies, and private landowners
would be involved in the selection of any additional sites. Management
considerations of the proposed reintroduction project include:
(a) Monitoring: Several monitoring efforts will occur during the
first 5 years of the program. We will annually monitor prairie dog
distribution and numbers, and the occurrence of sylvatic plague.
Testing resident carnivores (e.g., coyotes) for canine distemper will
begin prior to the first ferret release and continue each year. We will
monitor released ferrets and their offspring annually using spotlight
surveys, snowtracking, other visual survey techniques, and possibly
radio-telemetry of some individuals. The surveys will incorporate
methods to monitor breeding success and long-term survival rates.
Through public outreach programs, we will inform the public and
other appropriate State and Federal agencies about the presence of
ferrets in the Experimental Population Area and the handling of any
sick or injured ferrets. To meet our responsibilities to treat the
Tribe on a Government-to-Government basis, we will request that the
Tribe inform Tribal members of the presence of ferrets on Reservation
lands, and the proper handling of any sick or injured ferrets that are
found. The Tribe will serve as the primary point of contact to report
any injured or dead ferrets. Reports of injured or dead ferrets also
must be provided to the Service Field Supervisor (see ADDRESSES
section). It is important that we determine the cause of death for any
ferret carcass found. Therefore, we request that discovered ferret
carcasses not be disturbed, but reported as soon as possible to
appropriate Tribal and Service offices.
(b) Disease: The presence of canine distemper in any mammal on or
near the reintroduction site will cause us to reevaluate the
reintroduction program. Prior to releasing ferrets, we will establish
the presence or absence of canine distemper in the release area by
collecting at least 20 coyotes (and possibly other carnivores). Sampled
predators will be tested for canine distemper and other diseases.
We will attempt to limit the spread of distemper by discouraging
people from bringing unvaccinated pets into core ferret release areas.
Any dead mammal or any unusual behavior observed in animals found
within the area should be reported to us. Efforts are under way to
[[Page 57563]]
develop an effective canine distemper vaccine for black-footed ferrets.
Routine sampling for sylvatic plague in prairie dog towns will take
place before and during the reintroduction effort, and annually
thereafter.
(c) Genetics: Ferrets selected for reintroduction are excess to the
needs of the captive population. Experimental populations of ferrets
are usually less genetically diverse than overall captive populations.
Selecting and reestablishing breeding ferrets that compensate for any
genetic biases in earlier releases can correct this disparity. The
ultimate goal is to establish wild ferret populations with the maximum
genetic diversity that is possible from the founder ferrets. The
eventual interchange of ferrets between established populations found
elsewhere in the western United States will ensure that genetic
diversity is maintained to the extent possible.
(d) Prairie Dog Management: We will work with the Tribe, affected
landowners, and other Federal and State agencies to resolve any
management conflicts in order to--(1) Maintain sufficient prairie dog
acreage and density to support no less than 30 adult black-footed
ferrets; and (2) maintain suitable prairie dog habitat on core release
areas at or above 2002 survey levels.
(e) Mortality: We will only reintroduce ferrets that are surplus to
the captive-breeding program. Predator control, prairie dog management,
vaccination, ferret preconditioning, and improved release methods
should reduce mortality. Public education will help reduce potential
sources of human-caused mortality.
The Act defines ``incidental take'' as take that is incidental to,
and not the purpose of, the carrying out of an otherwise lawful
activity such as recreation, livestock grazing, and other activities
that are in accordance with Federal, Tribal, State, and local laws and
regulations. A person may take a ferret within the Experimental
Population Area provided that the take is unintentional and was not due
to negligent conduct. Such conduct will not constitute ``knowing
take,'' and we will not pursue legal action. However, when we have
evidence of knowing (i.e., intentional) take of a ferret, we will refer
matters to the appropriate authorities for prosecution. Any take of a
black-footed ferret, whether incidental or not, must be reported to the
local Service Field Supervisor (see ADDRESSES section). We expect
levels of incidental take to be low since the reintroduction is
compatible with existing land use practices for the area.
Based on studies of wild black-footed ferrets at Meeteetse,
Wyoming, and other places, black-footed ferrets can be killed by motor
vehicles and dogs. We expect a rate of mortality similar to what was
documented at Meeteetse and, therefore, we estimate a human-related
annual mortality rate of about 12 percent or less of all reintroduced
ferrets and their offspring. If this level is exceeded in any given
year, we will develop and implement measures to reduce the level of
mortality.
(f) Special Handling: Service employees and authorized agents
acting on their behalf may handle black-footed ferrets for scientific
purposes; to relocate ferrets to avoid conflict with human activities;
for recovery purposes; to relocate ferrets to other reintroduction
sites; to aid sick, injured, and orphaned ferrets; and salvage dead
ferrets. We will return to captivity any ferret we determine to be
unfit to remain in the wild. We also will determine the disposition of
all sick, injured, orphaned, and dead ferrets.
(g) Coordination with Landowners and Land Managers: The Service and
cooperators identified issues and concerns associated with the proposed
ferret reintroduction before preparing this proposed rule. The proposed
reintroduction also has been discussed with potentially affected State
agencies and landowners within the proposed release area. Affected
State agencies, landowners, and land managers have indicated support
for the reintroduction, if ferrets released in the proposed
Experimental Population Area are established as an NEP and if land use
activities in the proposed Experimental Population Area are not
constrained without the consent of affected landowners.
(h) Potential for Conflict With Grazing and Recreational
Activities: We do not expect conflicts between livestock grazing and
ferret management. Grazing and prairie dog management on private lands
within the proposed Experimental Population Area will continue without
additional restriction during implementation of the ferret recovery
activities. With proper management, we do not expect adverse impacts to
ferrets from hunting, prairie dog shooting, prairie dog control, and
trapping of furbearers or predators in the proposed Experimental
Population Area. If proposed prairie dog shooting or control locally
may affect the ferret's prey base within the proposed primary release
area, State, Tribal, and Federal biologists will determine whether
ferrets could be impacted and, if necessary, take steps to avoid such
impacts. If private activities impede the establishment of ferrets, we
will work closely with the Tribe and landowners to suggest alternative
procedures to minimize conflicts.
(i) Protection of Black-footed Ferrets: We will release ferrets in
a manner that provides short-term protection from natural (predators,
disease, lack of prey base) and human-related sources of mortality.
Improved release methods, vaccination, predator control, and management
of prairie dog populations should help reduce natural mortality.
Releasing ferrets in areas with little human activity and development
will minimize human-related sources of mortality. We will work with the
Tribe and landowners to help avoid certain activities that could impair
ferret recovery.
(j) Public Awareness and Cooperation: We will inform the general
public of the importance of this reintroduction project in the overall
recovery of the black-footed ferret. The designation of the NEP for the
Reservation and adjacent areas would provide greater flexibility in the
management of the reintroduced ferrets. The NEP designation is
necessary to secure needed cooperation of the Tribe, landowners,
agencies, and other interests in the affected area. Based on the above
information, and using the best scientific and commercial data
available (in accordance with 50 CFR 17.81), the Service finds that
releasing black-footed ferrets into the Experimental Population Area
will further the conservation of the species.
Public Comments Solicited
The opportunity to release ferrets on Rosebud Tribal Trust lands in
the fall of 2002 is dependent upon sufficient numbers of captive-bred
or wild-born ferrets being available, the timing of the releases when
those ferrets are available, and the completion of the nonessential
experimental population rulemaking process. It is imperative that
ferret kits born in captivity are preconditioned and released at proper
developmental ages to enhance their survival in the wild. In order to
maximize the window of opportunity and ensure success for the
Reservation ferret reintroduction effort, it will be important to have
the site ready to accept ferrets by October 1, 2002. It has become
urgent to expedite this nonessential experimental population rulemaking
process in order to ensure that an adequate number of ferrets can be
released at proper ages and with adequate preconditioning experience.
Consequently, we are proposing a 30-day public comment period for the
proposed rule instead of the standard 60 days.
[[Page 57564]]
The Service wishes to ensure that this proposed rulemaking to
designate the Reservation black-footed ferret population as an NEP and
the draft environmental assessment on the proposed action effectively
evaluate all potential issues associated with this action. Therefore,
we request comments or recommendations concerning any aspect of this
proposed rule and the draft environmental assessment from the public,
as well as Tribal, local, State, and Federal government agencies, the
scientific community, industry, or any other interested party. Comments
should be as specific as possible. To promulgate a final rule to
implement this proposed action and to determine whether to prepare a
finding of no significant impact or an environmental impact statement,
we will take into consideration all comments and any additional
information received. Such information may lead to a final rule that
differs from this proposal.
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the rulemaking record, which we will honor to
the extent allowable by law. In some circumstances, we would withhold
from the rulemaking record a respondent's identity, as allowable by
law. If you wish for us to withhold your name and/or address, you must
state this request prominently at the beginning of your comment.
However, we will not consider anonymous comments. We will make all
submissions from organizations or businesses, available for public
inspection in their entirety.
Public Hearing
A public hearing has been scheduled for September 26, 2002, from 4
p.m. until 6 p.m. in the Commons Area at the Multi-Cultural Center in
Mission, South Dakota. An informational meeting/open house will be held
prior to this meeting from 10 a.m. to 4 p.m. at the same location. All
interested parties are encouraged to attend and learn more about the
proposed Rosebud black-footed ferret reintroduction effort.
Peer Review
In conformance with our policy on peer review, published on July 1,
1994 (59 FR 34270), we will provide copies of this proposed rule to
three specialists in order to solicit comments on the scientific data
and assumptions relating to the supportive biological and ecological
information for this NEP rule. The purpose of such review is to ensure
that the NEP designation decision is based on the best scientific
information available.
Required Determinations
Regulatory Planning and Review (E.O. 12866)
In accordance with the criteria in Executive Order 12866, the
proposed rule to designate NEP status for the black-footed ferret
reintroduction into south-central South Dakota is not a significant
regulatory action subject to Office of Management and Budget review.
This rule will not have an annual economic effect of $100 million or
more and will not have an adverse effect upon any economic sector,
productivity, jobs, the environment, or other units of government.
Therefore, a cost-benefit and economic analysis is not required.
Lands within the NEP area affected by this rule include Gregory,
Mellette, Todd, and Tripp Counties in South Dakota. The primary
reintroduction area where ferrets will be released is Rosebud Tribal
Trust lands in Todd County, and most of the prairie dog colonies within
the primary release area are on these lands. Prairie dog colonies off
the Rosebud Tribal Trust lands but within the primary reintroduction
area and those colonies within the Experimental Population Area but
outside the primary reintroduction area are not needed for the
Reservation reintroduction effort to be successful. Land uses on
private, Tribal, and State school lands will not be hindered by the
proposal, and only voluntary participation by private landowners will
occur.
This rule will not create inconsistencies with other agencies'
actions or otherwise interfere with an action taken or planned by
another agency. Federal agencies most interested in this rulemaking are
primarily another Department of the Interior bureau (i.e., Bureau of
Indian Affairs) and the Department of Agriculture (Forest Service). The
action proposed by this rulemaking is consistent with the policies and
guidelines of the other Interior bureaus. Because of the substantial
regulatory relief provided by the NEP designation, we believe the
reintroduction of the black-footed ferret in the areas described will
not conflict with existing human activities or hinder public
utilization of the area.
This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
This rule will not raise novel legal or policy issues. The Service has
previously designated experimental populations of black-footed ferrets
at seven other locations (in Colorado/Utah, Montana, South Dakota,
Arizona, and Wyoming) and for other species at numerous locations
throughout the nation.
Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The area affected by this rule consists of the Rosebud Indian
Reservation and private, Federal, and State lands that fall within the
south-central tier of counties in South Dakota (Mellette, Todd, Tripp,
and Gregory counties). Reintroduction of ferrets allowed by this rule
will not have any significant effect on recreational activities in the
Experimental Population Area. We do not expect any closures of roads,
trails, or other recreational areas. Suspension of prairie dog shooting
for ferret management purposes will be localized and prescribed by the
Tribe. We do not expect ferret reintroduction activities to affect
grazing operations, resource development actions, or the status of any
other plant or animal species within the release area. Because only
voluntary participation in ferret reintroduction by private landowners
is proposed, this rulemaking is not expected to have any significant
impact on private activities in the affected area. The designation of
an NEP in this rule will significantly reduce the regulatory
requirements regarding the reintroduction of these ferrets, will not
create inconsistencies with other agency actions, and will not conflict
with existing or proposed human activity, or Tribal and public use of
the land.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule will not have
an annual effect on the economy of $100 million or more for reasons
outlined above. It will not cause a major increase in costs or prices
for consumers, individual industries, Federal, State, or local
government agencies, or geographic regions. The rule does not have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based
enterprises to compete with foreign-based enterprises.
[[Page 57565]]
Unfunded Mandates Reform Act
The NEP designation will not place any additional requirements on
any city, county, or other local municipalities. The proposed specific
site designated for release of the experimental population of ferrets
is predominantly Rosebud Sioux Tribal Trust land administered by the
Rosebud Sioux Tribe, who support this project. The State of South
Dakota has expressed support for accomplishing the reintroduction
through a nonessential experimental designation. Accordingly, this rule
will not ``significantly or uniquely'' affect small governments. A
Small Government Agency Plan is not required. Since this rulemaking
does not require any action be taken by local or State government or
private entities, we have determined and certify pursuant to the
Unfunded Mandates Reform Act, 2 U.S.C. 1501 et seq., that this
rulemaking will not impose a cost of $100 million or more in any given
year on local or State governments or private entities (i.e., it is not
a ``significant regulatory action'' under this law).
Takings (E.O. 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. Designating reintroduced populations
of federally listed species as NEPs significantly reduces the Act's
regulatory requirements with respect to the reintroduced listed species
within the NEP. Under NEP designations, the Act requires a Federal
agency to confer with the Service if the agency determines its action
within the NEP is likely to jeopardize the continued existence of the
reintroduced species. However, we do not foresee any activity that may
jeopardize the species' continued existence. Furthermore, the results
of a conference are advisory and do not restrict agencies from carrying
out, funding, or authorizing activities. Additionally, regulatory
relief can be provided regarding take of reintroduced species within
NEP areas, and a special rule has been developed stipulating that
unintentional take (including killing or injuring) of the reintroduced
black-footed ferrets would not be a violation of the Act, when such
take is incidental to an otherwise legal activity (e.g., livestock
management, mineral development) that is in accordance with Federal,
Tribal, State, and local laws and regulations.
Most of the lands within the primary reintroduction area are
administered by the Rosebud Sioux Tribe. Multiple-use management of
these lands by industry and recreation interests will not change as a
result of the experimental designation. Private landowners within the
Experimental Population Area will still be allowed to conduct lawful
control of prairie dogs, and may elect to have black-footed ferrets
removed from their land should ferrets move to private lands. Because
of the substantial regulatory relief provided by NEP designations, we
do not believe the reintroduction of ferrets will conflict with
existing human activities or hinder public use of the area. The South
Dakota Department of Game, Fish and Parks has previously endorsed the
ferret reintroductions under NEP designations and are supportive of
this effort. The NEP designation will not require the South Dakota
Department of Game, Fish and Parks to specifically manage for
reintroduced ferrets. A takings implication assessment is not required.
Federalism (E.O. 13132)
In accordance with Executive Order 13132, the rule does not have
significant Federalism implications to warrant the preparation of a
Federalism Assessment. As stated above, most of the lands within the
primary reintroduction area are Tribal Trust lands, and multiple-use
management of these lands will not change to accommodate black-footed
ferrets. The designation will not impose any new restrictions on the
State of South Dakota. The Service has coordinated extensively with the
Tribe and State of South Dakota, and they endorse the NEP designation
as the only feasible way to pursue ferret recovery in the area. A
Federalism Assessment is not required.
Civil Justice Reform (E.O. 12988)
In accordance with Executive Order 12988, the Department of the
Interior has determined that this rule does not unduly burden the
judicial system and meets the applicable standards provided in sections
3(a) and 3(b)(2) of the order.
Paperwork Reduction Act
This regulation contains information collection requirements under
the Paperwork Reduction Act (and approval by the Office of Management
and Budget) under 44 U.S.C. 3501 et seq. The collected information
covers general take or removal, depredation-related take, and specimen
collection. Authorization for this information collection has been
approved by OMB and has been assigned OMB control number 1018-0095
(Expires 10/21/2004). An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless it displays a current valid OMB control number.
National Environmental Policy Act
The Service has prepared a draft environmental assessment as
defined under authority of the National Environmental Policy Act of
1969. It is available from Service offices identified in the ADDRESSES
section.
Government-to-Government Relationship with Tribes (E.O. 13175)
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
have closely coordinated this rule with the affected tribe, the Rosebud
Sioux Tribe. Throughout development of this rule, we have maintained
regular contact with the Rosebud Sioux Tribe and have received their
full support for this reintroduction and NEP designation. We intend to
fully consider all of their comments on the proposed NEP designation
and ferret reintroduction submitted during the public comment period.
Energy Supply, Distribution or Use (E.O. 13211)
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This proposed rule is
not expected to significantly affect energy supplies, distribution, and
use. Therefore, this action is not a significant energy action and no
Statement of Energy Effects is required.
Clarity of This Regulation (E.O. 12866)
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following--(1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping or order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to understand if it were divided
into more (but shorter) sections? (5) Is the description of the rule in
the SUPPLEMENTARY INFORMATION section of the preamble helpful in
understanding the proposed rule? What else could we do to make the rule
easier to understand? Send a copy of any comments that concern how we
could make this rule easier to understand to
[[Page 57566]]
Office of Regulatory Affairs, Department of the Interior, Room 7229,
1849 C Street NW., Washington, DC 20240. You also may e-mail the
comments to [email protected].
References Cited
Anderson E., S.C. Forrest, T.W. Clark, and L. Richardson. 1986.
Paleobiology, biogeography, and systematics of the black-footed ferret,
Mustela nigripes (Audubon and Bachman), 1851. Great Basin Naturalist
Memoirs 8:11-62.
Biggins, D.E., J.L. Godbey, L.R. Hanebury, B. Luce, P.E. Marinari, M.R.
Matchett, A. Vargas. 1998. The effects of rearing methods on survival
of reintroduced black-footed ferrets. Journal of Wildlife Management
62(2):643-653.
Black-footed Ferret Recovery Implementation Team. 2000. Evaluation of
potential black-footed ferret reintroduction sites in North America. 17
pp.
Bureau of Indian Affairs. 1995. Final Environmental Impact Statement
for livestock grazing and prairie dog management for the Rosebud and
Cheyenne River Sioux Indian Reservations. Aberdeen Area Office.
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. Updated 1974. The
black-footed ferret in South Dakota. South Dakota Department of Game,
Fish and Parks, Technical Bulletin 4:1-36.
Hillman, C.N., and R.L. Linder. 1973. The black-footed ferret. Pages
10-20 in Proceedings of the Black-footed Ferret and Prairie Dog
Workshop, Sept. 4-6, 1973. South Dakota State University, Brookings.
208 pp.
Superintendent Memorandum. 1989. Certification to conduct black-footed
ferret surveys. Pine Ridge Agency.
U.S. Fish and Wildlife Service. 1988. Black-footed ferret recovery
plan. U.S. Fish and Wildlife Service, Denver, Colorado. 154 pages.
Vargas, A., M. Lockhart, P. Marinari, and P. Gober. 1998. Preparing
captive-raised black-footed ferrets (Mustela nigripes) for survival
after release. Jersey Wildlife Preservation Trust 34:76-83.
Authors
The primary authors of this rule are Mike Lockhart and Scott Larson
(see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulations Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the U.S. Code of Federal Regulations, as set forth
below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Amend Sec. 17.11(h) by revising the existing entry for
``Ferret, black-footed'' under ``MAMMALS'' to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
---------------------------------------------------------------------- population where Critical Special
endangered or Status When listed habitat rules
Common name Scientific name Historic range threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
MAMMALS
* * * * * * *
Ferrett, black-footed.......... Mustela nigripes. Western U.S.A., Entire, except E 1, 3, 433, 545, 546, NA NA
Western Canada. where listed as 582, 646, 703.
an experimental
population.
Do............................ ......do......... ......do......... U.S.A. [specific XN 433, 545, 546, 582, NA 17.84(g)
portions of AZ, 646, 703.
CO, MT, SD, Ut,
and WY, see
17.84(g)(9)].
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Amend Sec. 17.84 by revising paragraph (g)(1) and adding
paragraphs (g)(6)(vii) and (g)(9)(vii) and adding a map to follow the
existing maps at the end of this 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) through (vii) of this section are nonessential experimental
populations. We will manage each of these populations in accordance
with their respective management plans.
* * * * *
(6) * * *
(vii) Report such taking in the Rosebud Sioux Reservation
Experimental Population Area to the Field Supervisor, Ecological
Services, U.S. Fish and Wildlife Service, Pierre, South Dakota
(telephone 605-224-8693).
* * * * *
(9) * * *
(vii) The Rosebud Sioux Reservation Experimental Population Area is
shown on the map of south-central South Dakota at the end of paragraph
(g) of this section. The boundaries of the nonessential experimental
population area include all of Gregory, Mellette, Todd, and Tripp
Counties in South Dakota. Any black-footed ferret found within these
four counties will be considered part of the nonessential experimental
population after the first breeding season following the first year
[[Page 57567]]
of black-footed ferret release. A black-footed ferret occurring outside
of the Rosebud Sioux Reservation Experimental Population Area would
initially be considered as endangered but may be captured for genetic
testing. If necessary, disposition of the captured animal may occur in
the following ways:
(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-breeding facility.
(B) If an animal is determined to be genetically unrelated to the
experimental population, we will place it in captivity under an
existing contingency plan. Up to nine black-footed ferrets may be taken
for use in the captive-breeding program.
* * * * *
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP11SE02.019
Dated: August 22, 2002.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 02-23068 Filed 9-10-02; 8:45 am]
BILLING CODE 4310-55-C