Endangered and Threatened Wildlife and Plants: Establishment of a Nonessential Experimental Population of Black-Footed Ferrets in Southwestern South Dakota; Final Rule

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB98

Endangered and Threatened Wildlife and Plants: Establishment of a

Nonessential Experimental Population of Black-Footed Ferrets in

Southwestern South Dakota

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final Rule.

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SUMMARY: The U.S. Fish and Wildlife Service, in cooperation with the

U.S. Forest Service and the National Park Service, will release black-

footed ferrets (Mustela nigripes) into the Conata Basin/Badlands

Reintroduction Area in southwestern South Dakota. This reintroduction

will implement a primary recovery action for this federally listed

endangered species and will allow evaluation of release techniques.

Provided conditions are acceptable, surplus captive-raised black-

footed ferrets will be released in 1994 and annually thereafter for

several years or until a self-sustaining population is established.

Releases will utilize and refine reintroduction techniques used at

other reintroduction areas and, if fully successful, will establish a

wild population within about 5 years. The Conata Basin/Badlands black-

footed ferret population is designated as a nonessential experimental

population in accordance with Section 10(j) of the Endangered Species

Act of 1973, as amended. This population will be managed in accordance

with the provisions of the accompanying special rule.

EFFECTIVE DATE: August 18, 1994.

ADDRESSES: The complete file for this rule is available for public

inspection, by appointment, during normal business hours at the

following Service offices:

--Regional Office, Ecological Services, 134 Union Boulevard, Lakewood,

Colorado 80228, (303) 236-8189.

--South Dakota Field Office, Ecological Services, 420 South Garfield

Avenue, Suite 400, Pierre, South Dakota 57501-5408, (605) 224-8693.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Naten (303) 236-8189 at the

Regional Office address or Mr. Douglas Searls (605) 224-8693 at the

South Dakota Field Office address above.

SUPPLEMENTARY INFORMATION:

Background

The background information included in this rule has been reduced

from what was published in the proposed rule to reduce publishing

costs. Please refer to the proposed rule published in the Federal

Register on May 19, 1993 (58 FR 29176) for more detailed information.

The black-footed ferret (Mustela nigripes) is an endangered

carnivore with a black face mask, black legs, and a black-tipped tail.

It is nearly 60 cm (2 ft) long and weighs up to 1.1 kg (2.5 lbs). It is

the only ferret native to North America.

Though the black-footed ferret was found over a wide area

historically, it is difficult to make a conclusive statement on its

historical abundance due to its nocturnal and secretive habits. The

black-footed ferret's historical range includes 12 States (Arizona,

Colorado, Kansas, Montana, Nebraska, New Mexico, North Dakota,

Oklahoma, South Dakota, Texas, Utah, and Wyoming) and the Canadian

Provinces of Alberta and Saskatchewan. There is prehistoric evidence of

the black-footed ferret from the Yukon Territory, Canada, to New Mexico

and Texas (Anderson et al. 1986). Although there are no specimen

records for black-footed ferrets from Mexico, prairie dogs (Cynomys

spp.) inhabit Chihuahua (Anderson 1972) and were present as far back as

the late Pleistocene-Holocene Age (Messing 1986). Because black-footed

ferrets depend almost exclusively on prairie dogs for food and shelter

(Henderson et al. 1969; Forrest et al. 1985) and black-footed ferret

range is coincident with that of prairie dogs (Anderson et al. 1986),

it is probable that black-footed ferrets may have been historically

endemic to northern Mexico.

Black-footed ferrets prey primarily on prairie dogs and use their

burrows for shelter and denning. There are specimen records of black-

footed ferrets from ranges of three species of prairie dogs: black-

tailed prairie dogs (Cynomys ludovicianus), white-tailed prairie dogs

(Cynomys leucurus), and Gunnison's prairie dogs (Cynomys gunnisoni)

(Anderson et al. 1986).

Widespread poisoning of prairie dogs and agricultural cultivation

of their habitat drastically reduced prairie dog abundance and

distribution in the last century. Sylvatic plague, which may have been

introduced to North America around the turn of the century, also

decimated prairie dog populations, particularly in the southern

portions of their range. The severe decline of prairie dogs resulted in

a concomitant and near-fatal decline in black-footed ferrets, though

the latter's decline may be partially attributable to other factors

such as secondary poisoning from prairie dog toxicants or high

susceptibility to canine distemper. The black-footed ferret was listed

as an endangered species on March 11, 1967.

In 1964, a wild population of ferrets was discovered in South

Dakota and was studied intensively for several years, but this

population disappeared in the wild by 1974, its last member dying in

captivity in 1979. Afterwards, some believed that the species was

probably extinct, until another wild population was discovered near

Meeteetse, Wyoming, in 1981. The Meeteetse population underwent a

severe decline in 1985 and 1986 due to canine distemper, which is fatal

to infected black-footed ferrets. Eighteen survivors were taken into

captivity between 1986 and 1987 to prevent extinction and to serve as

founder animals in a captive propagation program aimed at eventually

reintroducing the species into the wild.

In 6 years, the captive population has increased from 18 to over

300 black-footed ferrets. In 1988, the single captive population was

split into three separate captive subpopulations to avoid the

possibility that a single catastrophic event could wipe out the entire

known population. Two additional captive subpopulations were

established in 1990, and one additional captive subpopulation was

established in 1991 and again in 1992, making a total of seven captive

subpopulations. A secure population of 200 breeding adults was achieved

in 1991, allowing initiation of ferret reintroductions into the wild.

Section 10(j) of the Endangered Species Act of 1973, as amended (16

U.S.C. 1531 et seq.) (Act), allows the Fish and Wildlife Service

(Service) to designate certain populations of federally listed species

that are released into the wild as ``experimental populations.'' The

circumstances under which this designation can be applied are: (1) The

population is wholly separate geographically from nonexperimental

populations of the same species (e.g., the population is reintroduced

outside the species' current range but within its historical range);

and (2) the Service determines that the release will further the

conservation of the species. This designation can increase the

Service's flexibility to manage a reintroduced population because under

section 10(j) an experimental population can be treated as a threatened

species regardless of its designation elsewhere in its range, and,

under section 4(d) of the Act, the Service has greater discretion in

developing management programs for threatened species than for

endangered species.

Section 10(j) of the Act requires, when an experimental population

is designated, that a determination be made by the Service whether that

population is essential or nonessential to the continued existence of

the species. Nonessential experimental populations located outside

National Wildlife Refuge System or National Park System lands are

treated, for purposes of section 7 of the Act, as if they are proposed

for listing. Thus, only two provisions of section 7 would apply outside

National Wildlife Refuge System and National Park System lands: section

7(a)(1), which requires all Federal agencies to use their authorities

to conserve listed species; and section 7(a)(4), which requires Federal

agencies to confer with the Service on actions that are likely to

jeopardize the continued existence of a proposed species. Section

7(a)(2) of the Act, which requires Federal agencies to insure that

their activities are not likely to jeopardize the continued existence

of a listed species, would not apply except on National Wildlife Refuge

System and National Park System lands. Activities undertaken on private

lands are not affected by section 7 of the Act unless they are

authorized, funded, or carried out by a Federal agency.

However, pursuant to section 7(a)(2), individual animals comprising

the designated experimental population may be removed from an existing

source or donor population only after it has been determined that such

removal is not likely to jeopardize the continued existence of the

species. Moreover, removal must be conducted under a permit issued in

accordance with the requirements of 50 CFR 17.22.

Forty-nine black-footed ferrets were reintroduced as a nonessential

experimental population to the Shirley Basin/Medicine Bow (Shirley

Basin) site in Wyoming in September and October 1991. Subsequent

surveys conducted during November 7-14, 1991, found nine individual

ferrets. Snow surveys conducted during March 1992 revealed signs of six

to eight black-footed ferrets. Spotlight surveys conducted during July

and August 1992 confirmed the presence of a minimum of four adult

black-footed ferrets and two litters. One litter contained two young,

and the second litter contained four young black-footed ferrets. During

September and October 1992, an additional 90 black-footed ferrets were

released at the Shirley Basin site. Forty-eight ferrets were released

at the Shirley Basin site in September and October 1993. Currently, the

only known populations of black-footed ferrets are the experimental

population at the Shirley Basin site and those animals in captivity.

In addition to this reintroduction, the Service and state wildlife

agencies in 11 western states are identifying potential black-footed

ferret reintroduction sites within the species' historical range.

Potential reintroduction sites have been identified in Wyoming (two

sites), Montana (one site), South Dakota (one site), Colorado (one

site), Utah (one site), and Arizona (one site).

On May 19, 1993, the Service published a proposed rule in the

Federal Register (58 FR 29176) to reintroduce black-footed ferrets into

the Conata Basin/Badlands Reintroduction Area in southwestern South

Dakota as a nonessential experimental population. This area is located

in eastern Pennington County, South Dakota, and was historically

occupied by black-footed ferrets. The Reintroduction Area is within the

larger Experimental Population Area, which includes portions of

Pennington, Jackson, and Shannon Counties. Numerous black-footed ferret

surveys have been conducted in the Experimental Population Area and

have not turned up any evidence of live black-footed ferrets. The

latest physical evidence that black-footed ferrets occupied

southwestern South Dakota occurred in 1974.

To the best of our knowledge, any reintroduced population of black-

footed ferrets in the Experimental Population Area would be wholly

separate and distinct from other black-footed ferret populations.

Conata Basin/Badlands Reintroduction Area: The Conata Basin/

Badlands Reintroduction Area encompasses approximately 17,000 hectares

(42,000 acres) of primarily Federal land administered either by the

National Park Service (NPS) or the U.S. Forest Service (USFS). Mapping

conducted in 1990 indicates that approximately 3,200 hectares (8,000

acres) of prairie dog towns exist at the Conata Basin/Badlands

Reintroduction Area. Approximately, 3,000 hectares (7,400 acres) had

prairie dog densities that would be considered good ferret habitat; the

remaining hectares were recovering from previous control efforts. Using

the method outlined in Biggins et al. (1991), this acreage has a

present black-footed ferret habitat index of about 160. When additional

parameters, such as spacial requirements, were incorporated into the

indexing system, this area had a ferret habitat index of approximately

100.

Reintroduction and black-footed ferret management will occur in

specifically delineated areas designated as the ``Conata Basin/Badlands

Reintroduction Area.'' The Reintroduction Area is centered within the

larger Experimental Population Area which includes portions of eastern

Pennington, western Jackson, and northern Shannon Counties. Any black-

footed ferret occurring within the Experimental Population Area will

have experimental status.

Specifics on the location and boundaries of the Conata Basin/

Badlands Reintroduction Area and Experimental Population Area are

provided in the map accompanying the special rule. Current plans are to

begin releasing black-footed ferrets into a subportion of the Conata

Basin/Badlands Reintroduction Area considered best for release and

initial management. If reintroduction is successful, black-footed

ferrets eventually will disperse from the initial Reintroduction Area.

Black-footed ferrets may be released into other portions of the Conata

Basin/Badlands Reintroduction Area at a later date.

Black-footed ferrets will be released into the Reintroduction Area

only if biological conditions are suitable and an acceptable management

framework has been developed. Reintroduction will be re-evaluated if

one or more of the following conditions specified in the ``Draft

Cooperative Black-Footed Ferret Management Plan For The Conata Basin/

Badlands Area In South Dakota'' (USFWS, USFS, and NPS 1993) occur:

(1) Failure to maintain a black-footed ferret habitat rating index

(Biggins et al. 1991) of at least 26 (i.e., carrying capacity for 40

adult black-footed ferrets) or a strong indication that such will be

the case within 5 years.

(2) Failure to acquire or maintain a nonessential experimental

population designation for the Reintroduction Area through the Federal

rulemaking process.

(3) Wild black-footed ferret populations are discovered within the

Experimental Population Area prior to the first breeding season

following the first reintroduction.

(4) A significant number of cases of canine distemper or other

diseases determined to be detrimental to black-footed ferrets is

documented in any wild mammal in or near the Reintroduction Area within

6 months of the scheduled reintroduction.

(5) Fewer than 20 black-footed ferrets are available for the first

release.

(6) Funding is not available to implement the reintroduction

program.

Reintroduction protocol: In general, the reintroduction protocol

will involve releasing a minimum of 20 captive-raised black-footed

ferrets in the first year of reintroduction and releasing ferrets

annually thereafter, as needed, for 2-4 years or until a wild

population is established. Captive animals selected for release will be

as genetically redundant as possible with the gene pool in the captive

breeding population; hence, any loss of released animals is unlikely to

appreciably affect existing genetic diversity in the species. Moreover,

because breeding black-footed ferrets in captivity is not a problem,

any animals lost in the reintroduction effort could be replaced. To

enhance genetic diversity in the reintroduced population, it may be

necessary to release black-footed ferrets from other established,

reintroduced populations (e.g., the Shirley Basin site).

Several strategies for releasing captive-raised black-footed

ferrets will be utilized during the reintroduction: (1) Hard release

with no pre-release conditioning (i.e., release without an acclimation

period); (2) soft release (release with an acclimation period and

gradual reduction in supplied food and shelter); and (3) pre-release

conditioning in a quasi-natural environment followed by hard release

(this technique may be used when sufficient numbers of black-footed

ferrets are available). Ferrets will be released in September and

October, when wild juvenile ferrets typically become independent and

exhibit dispersal tendencies and are physically capable of killing

prey, avoiding predators, and adjusting to environmental extremes.

The hard release with no pre-release conditioning will utilize

neither release cages or any preconditioning in a contained prairie dog

colony. Ferrets will be transported to the release site and held for a

minimum of 12 hours to ensure general health. Subsequently, the ferrets

will be released into the prairie dog colonies from the transport

container and will receive no supplementary care.

The soft release technique is similar to that used in the initial

releases in Wyoming. Release cages are situated at the release site,

and black-footed ferrets are maintained in the cages for a few days to

acclimate to the surroundings. After a few days, a tunnel (tube) is

opened to allow the black-footed ferrets free egress and ingress. Food

is supplied even after departure in case the black-footed ferrets need

to return to a known food supply.

Pre-release conditioning prior to hard release will utilize black-

footed ferrets raised from birth in a large, seminatural, enclosed

prairie dog colony. In this design, the captive environment should

allow a natural expression of genetically influenced behaviors, or, if

behaviors are learned, the captive environment should provide

appropriate stimuli to learning during the critical period. Presenting

juvenile captive animals with stimuli resembling those prevalent in

their natural environment may help individuals retain efficient use of

adaptive traits and, subsequently, increase post-release survival by

reinforcing inherent survival skills in natural ways at natural periods

of development.

Other types of release methods also could be tested. The rationale

is to compare release techniques that are different from one another

but to use techniques that seem reasonable.

Most releases will occur in September and October when the black-

footed ferrets are about 18 weeks of age. However, releases during

other times of the year remain an option. Once independent of

artificial support, all black-footed ferrets will be managed in a

similar manner.

Prior to release, ferrets will be vaccinated against disease, as

appropriate, including canine distemper, if an effective vaccine is

developed for black-footed ferret use (an experimental vaccine is now

being tested). In areas other than Badlands National Park, preventative

and, where necessary, corrective measures to reduce predation by

coyotes (Canis latrans), badgers (Taxidea taxus), raptors, or other

predators may be undertaken in the initial phases of the release but

should not be necessary in the long term. Habitat conditions will be

monitored continually during the reintroduction effort.

All black-footed ferrets released will be marked [e.g., with

Passive Integrated Transponder (PIT) tags or non-toxic paints]. A

sample of released ferrets may be radio-tagged and their behavior

monitored. Other monitoring would include the use of spotlighting, snow

surveys, or visual sighting techniques.

Realistically, the Service expects high natural mortality (up to 90

percent) among released black-footed ferrets in the first year of the

reintroduction. Despite pre-release conditioning, captive-bred animals

will be relatively naive in terms of avoiding predators, securing prey,

and withstanding environmental rigors. Mortality is expected to be

highest within the first month of release. A realistic goal for the

first year would be to work toward enabling a few black-footed ferrets

to survive at least 1 month after release with perhaps 10 percent of

the released animals surviving the winter.

Intensive studies conducted on the wild Meeteetse population during

the 1982-1986 period will provide a natural baseline against which the

South Dakota reintroduction effort can be compared to determine how

well the reintroduction experiments are proceeding. These baseline data

will be supplemented with baseline biological and behavioral data taken

from the South Dakota population in the 1960's and 1970's.

If successful, this reintroduction effort is expected to result in

the establishment of a free-ranging population of at least 40 adult

black-footed ferrets within the Conata Basin/Badlands Reintroduction

Area by a target date of 1997 or 1998. The Service will evaluate

project progress annually, including sources of mortality. The

biological status of the population at this site will be re-evaluated

within the first 5 years to determine future management needs. However,

this 5-year evaluation will not include an evaluation to determine

whether the nonessential experimental designation for the Conata Basin/

Badlands population should be changed. The Service anticipates that the

nonessential experimental designation for this population will not be

changed unless the experiment is determined to be a failure (and this

rulemaking is terminated) or until the species is determined to be

recovered (and is delisted). Once recovery goals for delisting are met,

a proposed rule to delist will be prepared.

The revised Black-footed Ferret Recovery Plan (Recovery Plan)

(USFWS 1988) establishes objectives and outlines steps for recovery

that, when accomplished, will provide for viable black-footed ferret

populations in captivity and within its historical range. Recovery Plan

objectives include:

(1) increasing the captive population of black-footed ferrets to a

census size of 200 breeding adults by 1991 (this recovery goal

subsequently was changed to 240 breeding adults and has been achieved);

(2) establishing a pre-breeding census population of 1,500 free-

ranging black-footed ferret breeding adults in 10 or more populations

with no fewer than 30 breeding adults in any population by the year

2010; and

(3) encouraging the widest possible distribution of reintroduced

black-footed ferret populations.

Status of Reintroduced Population

The Conata Basin/Badlands population of black-footed ferrets will

be designated a nonessential experimental population according to the

provisions of Section 10(j) of the Act. The basis for this designation

is explained below.

The 1988 Recovery Plan states as one of its goals the development

of a captive population containing a minimum of 200 breeding adults.

This number was chosen to maintain the maximum genetic variability and

to have enough animals to protect the species from a stochastic event;

however, it has since been revised to 240 by the Species Survival Plan

Group of the American Zoological and Aquarium Association, which

manages the captive ferret population. To date, the captive program

contains over 300 black-footed ferrets separated geographically into 7

different breeding facilities. With the recovery goal of 240 animals

achieved, the captive population can now supply surplus ferrets for

reintroduction efforts. As described in the Wyoming final rule (56 FR

41473), the captive population will be the donor population from which

surplus ferrets will be taken for reintroduction activities. Without

the protection of the donor or captive population, reintroduction

efforts could not occur. Therefore, the captive donor population is

essential to the recovery of the species by supplying surplus ferrets

for reintroduction.

The ``experimental population'' designation means the reintroduced

ferret population will be treated as a threatened species rather than

an endangered species. Under section 4(d) of the Act, this designation

enables the Service to develop special regulations for management of

the population that are less restrictive than the mandatory

prohibitions covering endangered species. Thus, the experimental

designation allows the management flexibility needed to ensure that

reintroduction is compatible with current or planned human activities

in the Reintroduction Area and to permit biological manipulation of the

population for recovery purposes.

Experimental populations can be determined as either ``essential''

or ``nonessential.'' An essential experimental population means a

population ``whose loss would be likely to appreciably reduce the

likelihood of the survival of the species in the wild'' (50 CFR 17.80,

Subpart H--Experimental Populations). All other experimental

populations are treated as ``nonessential.'' For purposes of section

7(a)(2) of the Act, nonessential experimental populations are treated

as though they are proposed for listing, except on National Wildlife

Refuge System and National Park System lands, where they are treated as

a species listed as threatened under the Act.

The captive black-footed ferret population is the primary species

population. It has been protected against the threat of extinction from

a single catastrophic event by splitting the captive population into

seven widely separated subpopulations.

The primary repository of genetic diversity for the species is the

approximately 240 adult breeders in the captive population. Animals

selected for reintroduction purposes will be as genetically redundant

as possible with the captive population. Hence, any loss of

reintroduced animals in the Montana experimental population would not

significantly impact species survival or the goal of preserving maximum

genetic diversity in the species.

All animals lost during the reintroduction attempt can be readily

replaced through captive breeding, as demonstrated by the rapid

increase in the captive population over the past 6 years. Based on

current population dynamics, 100 juvenile ferrets will likely be

produced each year in excess of numbers needed to maintain 240 breeding

adults in captivity.

The concept of experimental populations and classifying them as

nonessential was amended into the Act by Congress in 1982 to make it

easier to reintroduce individuals of an endangered or threatened

species in areas where there was local opposition to the

reintroduction. This is discussed in greater detail later in this

document under Issue 1.

The Experimental Population Area does not currently contain

ferrets; the proposed nonessential experimental population will include

all ferrets taken from captivity and released into the Experimental

Population Area and all their progeny.

This reintroduction effort will be the Service's second attempt to

reintroduce the black-footed ferret into the wild. The biological and

logistical problems of reintroducing and recovering this species that

remain to be addressed are significant. However, reintroduction

attempts must continue or the captive population may become overly

adapted to captivity. In the long run, exclusive captivity likely would

increase the risk of ferrets losing important wild survival instincts

and reduce the likelihood of successful reintroduction and ultimately

recovery of the species.

Virtually all of the habitat in the Conata Basin/Badlands

Reintroduction Area is federally owned. The nonessential experimental

population designation will facilitate re-establishment of the species

in the wild by easing adjacent landowner concerns about protective

measures for reintroduced ferrets that might otherwise be taken. This

designation will relax the regulations that protect each individual

ferret of the reintroduced population, while promoting the conservation

of the reintroduced population as a whole. The nonessential designation

provides a more flexible management framework for protecting and

recovering black-footed ferrets, such that adjacent private landowners

may continue their current lifestyles.

First attempts to reintroduce the black-footed ferret into the wild

(including the Shirley Basin and South Dakota reintroductions) will

place great emphasis on developing and improving reintroduction

techniques. This applied research will lay the groundwork for a general

reintroduction and management protocol for re-establishing black-footed

ferrets in other parts of their historical range, which the Service

expects to develop after initial reintroductions have occurred.

As ferret reintroduction efforts progress, the Service will

evaluate each potential site to determine whether released ferret

populations should be proposed as nonessential experimental or

essential experimental, or should retain their endangered status. The

Service believes that at least 10 or more wild populations are needed

to ensure the immediate survival and downlisting of this species to

threatened status (U.S. Fish and Wildlife Service 1988).

Location of Reintroduced Population

Under Section 10(j) of the Act, an experimental population must be

wholly separate geographically from nonexperimental populations of the

same species. Since the last known member of the original Meeteetse

black-footed ferret population was captured for inclusion in the

captive population in 1987, no ferrets other than those released in

Wyoming in 1991, 1992, and 1993 have been confirmed anywhere in the

wild. There is a chance that black-footed ferrets still exist outside

the Shirley Basin site. However, survey work for black-footed ferrets

in the Experimental Population Area has been extensive because of the

interspersion of Federal and tribal lands, and no ferrets have been

found. Since 1982, the USFS has conducted over 760 surveys for black-

footed ferrets on more than 20,200 hectares (50,000 acres) of prairie

dog colonies in the Experimental Population Area. This included prairie

dog complexes on both Federal and neighboring private lands when the

complex covered both land ownerships.

The NPS has conducted 24 black-footed ferret surveys on over 800

hectares (2,000 acres) of prairie dog colonies since 1988. During the

period 1985-1989, the Pine Ridge Indian Reservation undertook a $6.2

million prairie dog control program and treated over 121,000 hectares

(300,000 acres) of prairie dog habitat on the reservation. All treated

acres were surveyed prior to treatment and part of this acreage lies

within the Experimental Population Area.

In addition to actual black-footed ferret surveys, numerous hours

have been spent on prairie dog colonies in the Experimental Population

Area conducting a variety of research and land management practices. No

black-footed ferrets or black-footed ferret sign was observed during

these activities. Based on these data, the Service believes that the

reintroduced population will not overlap with any wild population of

the species. Consequently, barring strong evidence to the contrary

(such as a wild black-footed ferret being found in the Experimental

Population Area before the first breeding season), with this final

rulemaking, the Service administratively determines that wild black-

footed ferrets no longer exist in the Experimental Population Area

prior to this release.

The Conata Basin/Badlands Reintroduction Area lies on USFS and NPS

land in three irregularly shaped areas. The Conata Basin/Badlands

Reintroduction Area lies entirely in eastern Pennington County. The

Experimental Population Area extends southward into Shannon County and

eastward into Jackson County.

The Conata Basin/Badlands Experimental Population Area is that area

bounded on the north by Interstate Highway 90 (I-90) beginning where it

crosses the Cheyenne River; then east following I-90 to State Highway

73; then south along Highway 73 to Highway 44; then west along Highway

44 to where it meets Bureau of Indian Affairs (BIA) Highway 2 and

continues west along BIA Highway 2 to BIA Highway 41; then north along

BIA Highway 41 to the Cheyenne River; and then northeast along the

Cheyenne River to the point of origin at I-90. While none of these

features absolutely preclude black-footed ferret movement, the

deterrent they represent, coupled with the distance from the

Reintroduction Area, makes it unlikely that a black-footed ferret would

emigrate outside the Experimental Population Area. Sufficient black-

footed ferret surveys have been conducted in the Experimental

Population Area over the last 10 years to indicate that no wild black-

footed ferret population exists in the area.

The Conata Basin/Badlands Reintroduction Area will serve as the

core recovery area. Prior to the first breeding season following the

first releases, all marked black-footed ferrets in the wild in the

Experimental Population Area will comprise the nonessential

experimental population. During and after the first breeding season,

all black-footed ferrets in the wild located east of the Cheyenne River

and Bureau of Indian Affairs (BIA) Highway 41, south of I-90, west of

State Highway 73, and north of State Highway 44 and BIA Highway 2 in

Pennington, Shannon, and Jackson Counties, South Dakota, will comprise

the nonessential experimental population. Reintroduced black-footed

ferrets are expected to remain in the Conata Basin/Badlands

Reintroduction Area because of the prime prairie dog populations

present and the limited home range of black-footed ferrets. In the

unlikely event that a black-footed ferret leaves the Conata Basin/

Badlands Reintroduction Area but stays within the boundaries of the

Experimental Population Area, the Service will have the authority to

capture the emigrant and place it back into the Reintroduction Area,

translocate it to another reintroduction site, or place it in

captivity. However, black-footed ferrets on Federal lands in the

Experimental Population Area generally will not be removed. If a black-

footed ferret is found on private land outside the Reintroduction Area

but within the Experimental Population Area, the landowner will be

consulted and the black-footed ferret will be removed if the landowner

so requests.

All black-footed ferrets released in the Reintroduction Area will

be appropriately marked (e.g., with PIT tags, non-toxic paints, or

radio collars). In the unlikely event that unmarked black-footed

ferrets are found in the Experimental Population Area before the first

breeding season following the first fall release, a concerted effort

will be initiated to determine the location of the source population.

This search will ascertain whether a wild population exists and

determine the need for appropriate cooperative conservation actions.

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. If an animal is genetically

determined to be from the experimental population, it may be returned

to the Reintroduction Area, held in captivity, or released at another

reintroduction site.

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.

Management

The Conata Basin/Badlands reintroduction will be undertaken by the

Service, the USFS, and the NPS in accordance with the Management Plan

(USFWS, USFS, and NPS 1993). This Management Plan will be updated as

necessary. General reintroduction protocols were discussed under

``Background.'' Additional considerations pertinent to reintroduction

are discussed here.

1. Monitoring: Various monitoring efforts are planned over the

first 5 years. Prairie dog numbers and distribution will be monitored

annually. Monitoring for sylvatic plague will be conducted. Presence of

canine distemper will be monitored prior to and during reintroduction.

Reintroduced black-footed ferrets and their offspring will be monitored

every year using spotlight surveys and/or snow tracking surveys done on

foot. Some black-footed ferrets may be radio-collared and all will be

marked. Assuming some black-footed ferrets survive the winter and enter

the courtship and breeding season the next year, monitoring of breeding

success and recruitment will take priority. Black-footed ferret

behavior will be monitored throughout the duration of the

reintroduction effort.

The Service will request that the USFS's and the NPS's

Reintroduction Area supervisor/manager assign a primary black-footed

ferret program contact for agencies, private landowners, and public

users in the affected area, who will follow up on reports of injured or

killed black-footed ferrets and immediately notify the U.S. Fish and

Wildlife Field Supervisor, Ecological Services, Pierre, South Dakota,

(605) 224-8693. The Field Supervisor will notify the Service's Law

Enforcement Division. Discussions and actions to follow up these

notifications and collection and determination of the disposition of

any live or dead specimens will follow as soon as possible.

The Service will assist in ensuring that governmental agencies and

the public are informed about the presence of black-footed ferrets in

the affected area via public information, education, and media

programs. These information programs also will address the precautions

and care that should be taken in handling sick and injured black-footed

ferrets. This will enhance effective treatment and care in handling

specimens and, when dead black-footed ferrets are located, will ensure

proper preservation of black-footed ferret remains. The finder or

investigator will be requested to ensure that evidence pertinent to the

specimen is not unnecessarily disturbed.

The Service will require that persons locating dead, injured, or

sick black-footed ferrets immediately notify the Field Supervisor, Fish

and Wildlife Service, Ecological Services, Pierre, South Dakota.

2. Disease Considerations: Reintroduction will be re-evaluated if a

significant number of cases of canine distemper are documented in any

wild mammal within 6 months prior to the scheduled reintroduction.

Samples from coyotes and badgers will be obtained prior to the

reintroduction to determine if canine distemper exists in the

Reintroduction Area. Visitors and biologists will be discouraged from

bringing dogs into the Reintroduction Area. Residents and hunters will

be encouraged to report sick wildlife. Efforts are continuing to

develop an effective canine distemper vaccine for black-footed ferrets.

Although there is no history of sylvatic plague in the area,

sampling for sylvatic plague will occur on a regular basis prior to and

during the reintroduction effort.

3. Genetic Considerations: While the ultimate genetic goal of the

reintroduction program is to establish wild reintroduced populations

that embody the maximum level of genetic diversity available from the

captive population, individuals used for reintroduction will be chosen

so that the level of genetic diversity and demographic stability (e.g.,

stable age and sex structure) of the captive population is not

compromised (reduced) by their removal.

4. Prairie Dog Management: Prairie dog management in the

Reintroduction Area will be in accordance with the USFS's Prairie Dog

Management Plan on USFS land and according to the NPS's Resource

Management Plan on NPS land. While both plans may be subject to change,

the proposed black-footed ferret reintroduction is based on current

versions of these plans, and no change in present plans is sought

because of black-footed ferret reintroduction. Prairie dog management

on private land is at the discretion of the landowners.

5. Mortality: Though efforts will be made to reduce mortality,

significant mortality will inevitably occur as captive-raised animals

adapt to the wild. Natural mortality from predators, fluctuating food

availability, disease, hunting inexperience, etc., will be reduced

though predator and prairie dog management, vaccination, supplemental

feeding, and pre-release conditioning. Human-caused mortality will be

reduced through information and education efforts.

A low level of mortality from ``incidental take'' (defined by the

Act as take that is incidental to, but not the purpose of, an otherwise

lawful activity) is expected during the reintroduction program as a

result of designing the black-footed ferret reintroduction program to

work within the context of traditional land uses in the Reintroduction

Area.

Incidental take (e.g., ferret injury or mortality) will be required

to be reported immediately to the Service. The Service will investigate

each case. If it is determined that a ferret injury or mortality was

unavoidable, unintentional, and did not result from negligent conduct

lacking reasonable due care, such conduct will not be considered

``knowing take'' for the purpose of this regulation. Therefore, the

Service will not take legal action for such conduct. However, knowing

take will be referred to the appropriate authorities for prosecution.

The biological opinion prepared on the reintroduction anticipates

an incidental take level of 12 percent per year. If this level of

incidental take is exceeded at any time within any year, the Service,

in cooperation with the USFS and the NPS, will conduct an evaluation of

incidental take and cooperatively develop and implement with the

landowners and land users measures to reduce incidental take.

Even if all released animals were to succumb to natural and human-

caused mortality factors, this would not threaten the continued

existence of the species, because the captive population is the

species' primary population and could readily replace any animals lost

in the reintroduction effort. This is consistent with the designation

of the reintroduced population as a nonessential experimental

population. The choice for wildlife managers is either to risk excess

captive black-footed ferrets in reintroduction efforts in order to re-

establish the species in the wild, or to keep all black-footed ferrets

in relative safety in captivity. The Service believes the long-term

benefits to the species of establishing individual wild ferret

populations outweighs the relatively minor risks associated with losses

of surplus ferrets during reintroduction efforts.

6. Special Handling: Under the special regulation [promulgated

under authority of Section 4(d) of the Act] that will accompany the

experimental population designation, Service employees and agents will

be authorized to handle black-footed ferrets for scientific purposes;

relocate black-footed ferrets to avoid conflict with human activities;

relocate ferrets within the Experimental Population Area to improve

ferret survival and recovery prospects; relocate black-footed ferrets

to future reintroduction sites; aid animals that are sick, injured, or

orphaned; and salvage and dispose of dead ferrets. If a ferret is

determined to be unfit to remain in the wild, it will be placed in

captivity. The Service will determine the disposition of sick, injured,

orphaned, or dead black-footed ferrets.

7. Coordination with Landowners and Land Management Agencies: The

South Dakota black-footed ferret reintroduction program was discussed

with potentially affected State and Federal agencies in the proposed

Reintroduction Area. An effort to identify issues and concerns

associated with reintroduction into the Conata Basin/Badlands Area was

conducted through a Coordinated Resource Management process. A Local

Level Committee (LLC) was selected consisting of Federal Agencies,

State agencies, environmental interests, grazing and land-use

interests, and local landowners to discuss concerns about ferret

reintroduction over a period of 16 months.

The LLC did not reach a consensus on a plan for black-footed ferret

restoration. However, the issues raised during the six LLC meetings

provided valuable input to the Federal agencies responsible for

developing the Environmental Impact Statement (EIS). The LLC members

also provided their individual comments to the Governor of South

Dakota, who indicated in letters to the Secretaries of Agriculture and

Interior his willingness to support a black-footed ferret restoration

program, provided property rights of private individuals could be

protected.

8. Potential for Conflict with Grazing and Recreational Activities:

USFS lands in the Conata Basin/Badlands Reintroduction Area are

included in grazing allotments. Conflicts between grazing and black-

footed ferret management are not anticipated on USFS lands as current

USFS prairie dog management plans have assigned reduced Animal Unit

Months to areas that are designated untreated areas for prairie dogs.

No additional grazing restrictions will be placed on USFS lands with

grazing allotments in the Conata Basin/Badlands Reintroduction Area as

a result of black-footed ferret reintroduction. No commercial grazing

occurs on NPS land.

No restrictions in addition to existing requirements will be placed

on landowners regarding prairie dog control on private lands in the

Experimental Population Area.

Recreational activities currently practiced in the Conata Basin/

Badlands Reintroduction Area (e.g., antelope hunting, prairie dog

shooting, rabbit hunting using greyhound dogs, furbearer or predator

trapping, and off-road vehicle recreation) are either unlikely to

impact black-footed ferrets or, if negative impacts are demonstrated,

will be managed to avoid or minimize such impacts.

9. Protection of Black-Footed Ferrets: Released black-footed

ferrets will initially need protection from natural sources of

mortality (predators, disease, inadequate prey, etc.) and from human-

caused sources of mortality. Natural mortality will be reduced through

pre-release conditioning, vaccination, predator control, management of

prairie dog populations, etc. Human-caused mortality will be minimized

by placing black-footed ferrets in an area with low human population

density; by working with landowners, Federal land managers, and

recreationists to develop means for conducting existing and planned

activities in a manner compatible with ferret recovery; and by

conferring with developers on proposed actions and providing

recommendations that will reduce likely adverse impacts to ferrets.

A final biological opinion was prepared on this action to

reintroduce black-footed ferrets into the Experimental Population Area;

it concluded that this action is not likely to jeopardize any listed

species.

10. Public Awareness and Cooperation: Extensive information sharing

about the program and the species, via educational efforts targeted

toward the public in the region and nationally, will enhance public

awareness of this species and this reintroduction.

11. Overall: The designation of the Conata Basin/Badlands

population as a nonessential experimental population and its associated

management flexibility should encourage local acceptance of and

cooperation with the reintroduction effort. The Service considers the

nonessential experimental population designation, the accompanying

special rule, and the Management Plan necessary to obtain the

cooperation of landowners, agencies, citizens, grazing interests, and

recreational interests in the area.

12. Effective Date: The provisions of 5 U.S.C. 533 provide that at

least 30 days shall be allowed before a rule becomes effective unless

an agency has good reason to make it effective sooner. It is essential

to the success of the reintroduction effort that releases commence in

the fall of the year, when wild young ferrets typically would become

independent of natal care and disperse. The Service plans to begin

initial ferret releases in the South Dakota Reintroduction Area in

early September 1994. Therefore, this rule is effective immediately

upon publication in the Federal Register.

Summary of Comments and Recommendations

In the May 19, 1993, proposed rule and associated notifications,

all interested parties were invited to submit comments or

recommendations concerning any aspect of the proposed rule that might

contribute to the development of a final rule. On May 21, 1993, the

Service mailed copies of the proposed rule, the Draft Environmental

Impact Statement (DEIS), and a draft management plan to appropriate

Federal Agencies, tribal governments, State agencies, county

governments, business and conservation organizations, and other

interested parties. Approximately 300 of these packets were mailed.

Legal notices inviting public comment were published in the Rapid

City Journal on June 5, 1993, and the Sioux Falls Argus Leader on June

4, 1993. In early May and again in early June, news releases were

mailed to over 200 media outlets in South Dakota, including newspapers,

television stations, and radio stations. Two public hearings on the

proposed rule were held. On June 9, 1993, a hearing was held in Pierre,

South Dakota, and on June 10, 1993, a hearing was held in Rapid City,

South Dakota.

The Service received 54 letters and 28 oral comments on the entire

proposed rule and DEIS package. Only 13 of the letters were determined

to be direct comments on the proposed rule.

Most environmental groups and some individuals pointed out the same

concern--that is, that the designation of the captive population as the

essential one is incorrect and that some portion of the Reintroduction

Area should be designated as an essential population. One commenter

supported the nonessential designation.

Two different commenters made numerous comments on the proposed

rule. They felt that the experimental population option was used too

broadly; it should be used on private land only and not on public land.

They felt no evidence was presented that section 7 and section 9 of the

Act were impediments to black-footed ferret releases. They felt that

the proposed rule could be construed to mean that the Service would

invite or condone indiscriminate killing of black-footed ferrets and

wanted no hunting, trapping, or off-road vehicle (ORV) use in the

Reintroduction Area.

One commenter objected to provisions that would allow landowners to

request removal of black-footed ferrets without a clear demonstration

of harm.

One commenter questioned the need for greater management

flexibility because they felt that the return of the black-footed

ferret does not present any risk to land use. This commenter also saw

no need to reduce the requirements of section 7 and section 9 of the

Act from the proposal, thought the proposed rule was biased toward

protecting human activities and that management priority should be

placed on protecting black-footed ferrets, and thought that captive

breeding efforts should be reduced in favor of placing priority on wild

populations.

Two commenters questioned if a list of parameters had been

developed that would move the program from a nonessential to essential

reintroduction. They also were concerned that the South Dakota

reintroduction was remarkably similar to the Montana reintroduction and

suggested that a national plan be developed.

One commenter thought it was unclear whether the incidental take

allowance by nonagency persons within the Experimental Population Area

includes take occurring in the Reintroduction Area.

Comments of a similar nature or point are grouped into a number of

general issues. These issues, and the Service's response to each, are

discussed below:

Issue 1: Should the reintroduced population be designated as an

essential experimental population as opposed to a nonessential

experimental population?

Response: The Service's rationale for designating the South Dakota

ferret reintroduction as a nonessential experimental population was

explained above under ``Status of Reintroduced Population.''

Establishment of a wild population in the Experimental Population Area

is not essential to the continued existence of the species in the wild.

The donor captive population, which is the population whose loss would

appreciably affect the likelihood of survival of the species in the

wild, is secure and other reintroduction sites are being identified and

readied.

The captive population is the primary species population. It has

been protected against the threat of extinction from a single

catastrophic event through splitting the captive population into seven

widely separated subpopulations. Hence, loss of the experimental

population would not threaten the species' survival.

The primary repository of genetic diversity for the species is the

240 adult breeders in the captive population. Animals selected for

reintroduction purposes will be as genetically redundant as possible

with the captive population; hence, any loss of reintroduced animals in

this experimental population will not significantly impact the goal of

preserving maximum genetic diversity in the species.

All animals lost during the reintroduction attempt can readily be

replaced through captive breeding, as demonstrated by the rapid

increase in the captive population over the past 6 years. Based on

current population dynamics, 100 juvenile ferrets will likely be

produced each year in excess of numbers needed to maintain 240 breeding

adults in captivity.

There are no known populations of ferrets in the wild except for

the nonessential experimental population reintroduced into the Shirley

Basin area in Wyoming. The only other ferrets known to exist are in

captive breeding facilities. Because the breeding program has been so

successful, there are more ferrets in captivity than are needed for the

breeding program or for ensuring the survival of the species. Ferrets

that are the subject of this rule are surplus animals that the Service

has determined are not needed for these purposes. Having a sufficient

number of black-footed ferrets in the breeding program means that the

Service will be able to continue to produce surplus ferrets for

reintroductions and thus bring about the survival of the species in the

wild.

Consequently, the captive breeding population is the population

that is essential to the survival of the species in the wild. The

nonessential designation is based on the Service's conclusion that

those ferrets to be removed from captivity and reintroduced into South

Dakota are not needed for the survival of the species in the wild. If

the released animals are lost, they can be replaced with other black-

footed ferrets produced in captivity.

The Service's position is supported by the preamble to the final

rule for establishing experimental populations published in the Federal

Register on August 27, 1984 (49 FR 33885). It explains that the

organisms that will be reclassified as experimental are those which are

to be removed from an existent source or donor population.

Additionally, one commenter on the proposed rule that preceded the

final rule on experimental populations stated that no species

classified as endangered could have populations biologically

nonessential to their survival. In its final rule, the Service

disagreed with this comment and stated ``* * * there can be situations

where the status of the extant population is such that individuals can

be removed to provide a donor source for reintroduction without

creating adverse impacts upon the parent population. This is especially

true if the captive propagation efforts are providing individuals for

release into the wild.''

Furthermore, the Service referred to the Conference Report, which

is especially significant because the definition of ``essential

population'' in the experimental population final rule is virtually

identical to the language in the Conference Report. Congress explained,

``* * * (T)he level of reduction necessary to constitute `essentiality'

is expected to vary among listed species and, in most cases,

experimental populations will not be essential'' [H.R. Conf. Rep. No.

835, 97th Cong., 2d Sess., 34 (1982)].

The Senate report explains that the special regulations designating

experimental populations are to be designed to address the ``particular

needs'' of each experimental population and that the Secretary is

``granted broad flexibility'' in promulgating the special regulations

[S. Rep. No. 97-418, 97th Cong., 2d Sess. 8 (1982)].

Issue 2: Should the reintroduced population be fully endangered

rather than experimental?

Response: The Service has not decided that black-footed ferrets in

captivity are the only ferrets that will ever retain endangered status

under the Act. It is important to recognize that one of the reasons

Congress amended the Act in 1982 was to provide for experimental

populations. The House Report is instructive on this point. It states

that reintroduction efforts had encountered strong opposition from the

states and areas where species were to be reintroduced. Opponents were

concerned that, if reintroduced species were fully protected under the

Act, then conflicts with existing uses would result and new development

would be curtailed. Congress amended the Act to mitigate and alleviate

such fears.

Because of the flexibility provided by Congress as discussed under

Issue 1, the Service maintains that it has the authority under the Act

to designate this population as experimental if such action will

further the conservation of the species, and if the decision is based

on the best scientific and commercial data available.

Issue 3: Should the proposed reintroduction provide greater

protection for black-footed ferrets from impacts such as grazing,

trapping, prairie dog hunting, and oil and gas development than is

proposed?

Response: The Service, working with the NPS and the USFS, developed

the Management Plan that will guide how these types of activities are

carried out within the Reintroduction Area. The Service believes the

Management Plan provides adequate protection from these activities.

Both the NPS and the USFS have authority to restrict access if

additional protection proves necessary.

Issue 4: Should black-footed ferrets be removed from private land

in the Experimental Population Area without clear demonstration of

harm?

Response: The Reintroduction Area has been identified as an

adequate area for a black-footed ferret population to survive. The

surrounding Experimental Population Area has been identified as an area

that acts as a buffer zone. The purpose of the nonessential

experimental population designation was to alleviate local landowner

concerns over restrictions that would otherwise occur with the presence

of black-footed ferrets. Removal of a black-footed ferret at the

landowner's request will allow for the relocation of the animal into

high quality habitat areas in the Reintroduction Area, and also would

keep released ferrets concentrated in the Reintroduction Area, which

may aid in the recovery of the species. The Service does not view the

removal of black-footed ferrets from private lands as detrimental to

the reintroduction effort.

Issue 5: Is there a need for less management flexibility than that

described in the proposed rule (e.g., no reduction in section 7 and

section 9 responsibilities)?

Response: Designation of an experimental population provides

flexibility in management outside the Reintroduction Area as well as

within the Reintroduction Area. While the experimental designation will

help relieve some restrictions on landowners relating to the presence

of black-footed ferrets, the designation also is important to

biologists by allowing them to directly manage released ferrets (e.g.,

by capture and relocation), which will benefit the reintroduction

effort and the species. The nonessential experimental designation does

change the status of black-footed ferrets with respect to section 7 and

section 9 of the Act. Nevertheless, ferrets under this designation

still retain significant protections under the Act, and the Service

does not believe an experimental designation will be detrimental to the

establishment of a sustained black-footed ferret population.

Issue 6: Is there a list of parameters that would change the status

of black-footed ferrets from nonessential to essential? Should a

national plan be developed?

Response: Once this final rule goes into effect, changing the

nonessential experimental designation of the South Dakota ferret

population would require a new rulemaking process, which would include

a proposed rule, a public comment period, public meetings, National

Environmental Policy Act compliance, and other documentation before a

final rule to change the designation could be published. Under the

experimental population regulations (50 CFR 17 Subpart H), any rule

designating an experimental population must provide ``* * * a process

for periodic review and evaluation of the success or failure of the

release and the effect of the release on the conservation and recovery

of the species.'' The 5-year evaluation noted in section 17.84(g)(10)

of the proposed rule is intended to be a milestone in this required

periodic review and evaluation process, and will be a review of the

biological success of the reintroduction effort. If determined to be

less than successful, the Service, USFS, and NPS will modify the

reintroduction protocol and/or the strategies within the Management

Plan to improve ferret survival and/or recruitment, with the

involvement of affected landowners and land managers. If the experiment

is extremely unsuccessful, the Service, USFS, and NPS may consider a

temporary hold on releasing ferrets into the Reintroduction Area until

better release or management techniques are developed. The 5-year

evaluation will not include an evaluation to determine whether the

population should be reclassified.

The Service does not foresee any likely situation, except for

eventual delisting of the species, that would call for altering the

nonessential experimental status of the South Dakota ferret population.

However, the Service is working toward development of a national

strategy that will address the goals and objectives outlined in the

Black-footed Ferret Recovery Plan developed in 1978 and revised in

1988.

Issue 7: Is clarification needed on whether incidental take allowed

under the special rule would include take occurring in the

Reintroduction Area?

Response: The take statement which appears in Section 17.84(g)(5)

applies to the Experimental Population Area as defined by the rule;

this includes the Reintroduction Area. The Reintroduction Area is

entirely on Federal land, and Federal land management agencies within

the area have authority over land-use practices on their lands and have

agreed to abide by the Management Plan. Thus, incidental take allowed

by the special rule will apply to the Reintroduction Area but will be

regulated by adequate Federal authority.

Issue 8: Were the boundaries of the Experimental Population Area

appropriate--that is, why was a larger area not considered for the

Reintroduction Area?

Response: Black-footed ferrets were historically found throughout

western South Dakota. The Experimental Population Area boundaries were

drawn to include all potential black-footed ferret habitat (prairie dog

colonies) within the Conata Basin/Badlands Prairie Dog Complex--that

is, prairie dog colonies within 7 kilometers of another colony (and

that were not being treated with rodenticides). Black-footed ferrets

traveling beyond the Reintroduction Area will be exposed to areas of

less suitable habitat. The proposed Reintroduction Area, according to

available modeling information, contains sufficient acreage and

densities of prairie dogs to support a viable population of black-

footed ferrets for a 100-year period.

Issue 9: How does the Service plan to address impacts on long-term

black-footed ferret viability?

Response: The Service has addressed the long-term viability of

ferrets in the wild through recovery goals and objectives described in

the 1988 revised Black-footed Ferret Recovery Plan. This plan

identifies objectives that must be met to downlist the species to

threatened, which in turn would ensure the long-term viability of the

species in the wild. The revised recovery plan reflects current

information and recovery objectives, and outlines steps for recovery

that, when accomplished, will provide for viable black-footed ferret

populations in captivity and within its historical range. These

objectives include:

(1) Increasing the captive population of black-footed ferrets to a

census size of 200 breeding adults by 1991 (this goal was subsequently

changed to 240 and has been achieved);

(2) Establishing a pre-breeding census population of 1,500 free

ranging black-footed ferret breeding adults in 10 or more populations

with no fewer than 30 breeding adults in any population by the year

2010; and

(3) Encouraging the widest possible distribution of reintroduced

black-footed ferret populations.

It is the Service's opinion that the Recovery Plan will continue to

be revised to reflect future requirements and direction to ensure

recovery of the black-footed ferret in the wild. In addition, the

Service plans to develop a national strategy for implementing the

ferret reintroduction program, based in part on initial reintroduction

efforts. This strategy would outline the specific methods and means

necessary to achieve recovery objectives cited in the Recovery Plan.

National Environmental Policy Act

A final EIS, as defined under the authority of the National

Environmental Policy Act of 1969, has been prepared and is available

from the Service offices identified in the ADDRESSES section.

Required Determinations

This rule was not subject to Office of Management and Budget review

under Executive Order 12866. The rule will not have a significant

economic effect on a substantial number of small entities as described

in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The rule does

not contain any information collection or recordkeeping requirements as

defined in the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et

seq.).

Effective Date

The provisions of 5 U.S.C. provide for no less that 30 days for a

rule to become effective unless an agency, for good reason, makes it

sooner. Due to the need to release black-footed ferrets to the wild

immediately in order to allow them as much time as possible to become

established before winter sets in, this final rule is effective

immediately.

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

Nat. Mem. 8:11-62.

Anderson, S. 1972. Mammals of Chihuahua--taxonomy and distribution.

Bull. Amer. Mus. Nat. Hist. 148(2):280-281.

Biggins, D., B. Miller, L. Hanebury, B. Oakleaf, A. Farmer, R.

Crete, and A. Dood. 1991. A system for evaluating black-footed

ferret habitat. Report prepared for the Black-Footed Ferret ICC.

U.S. Fish and Wildlife Service, 1300 Blue Spruce Drive, Fort

Collins, CO. 58 pp.

Forrest, S.C., T.W. Clark, L. Richardson, and T.M. Campbell III.

1985. Black-footed ferret habitat: some management and

reintroduction considerations. Wyoming BLM, Wildl. Tech. Bull. No.

2. 49 pp.

Henderson, F.R., P.F. Springer, and R. Adrian. 1969. The black-

footed ferret in South Dakota. South Dakota Department of Game, Fish

and Parks, Technical Bulletin 4:1-36.

Messing, H.J. 1986. A late Pleistocene-Holocene fauna of Chihuahua,

Mexico. The Southwestern Naturalist 31(3):277-288.

U.S. Fish and Wildlife Service. 1988. Revised black-footed ferret

recovery plan. U.S. Fish and Wildlife Service, Denver, Colorado. 154

pages.

U.S. Fish and Wildlife Service, U.S. Forest Service, and National

Park Service. 1993. Draft cooperative management plan for black-

footed ferrets, Conata Basin/Badlands Complex, South Dakota. U.S.

Fish and Wildlife Service, Pierre, South Dakota. 46 pp.

Authors

The principal authors of this rule are Douglas Searls, South

Dakota Field Office and Ronald Naten, Regional Office (see FOR

FURTHER INFORMATION CONTACT section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Regulations Promulgation

Part 17, subchapter B of chapter I, title 50 of the U.S. Code of

Federal Regulations, is amended 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. Section 17.11(h) is amended by revising the existing two entries

for the ``Ferret, black-footed'' under ``MAMMALS'' to read as shown

below:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species Vertebrate population

--------------------------------------------------- Historic range where endangered or Status When listed Critical Special

Common name Scientific name threatened habitat rules

--------------------------------------------------------------------------------------------------------------------------------------------------------

Mammals

* * * * * * *

Ferret, black-footed.... Mustela nigripes........ Western U.S.A., Western Entire, except where E 1, 3, 433, NA NA

Canada. listed as an 543

experimental

population below.

Do...................... ......do................ ......do................ U.S.A. (specified XN 433, 543 NA 17.84(g)

portions of Wyoming

and South Dakota).

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

3. Section 17.84 is amended by revising the text of paragraph (g)

to read as follows:

Sec. 17.84 Special rules--vertebrates

* * * * *

(g) Black-footed ferret (Mustela nigripes)

(1) The black-footed ferret populations identified in paragraphs

(g)(9)(i) and (g)(9)(ii) of this section are nonessential experimental

populations. Each of these populations will be managed in accordance

with their respective management plans.

(2) No person may take this species in the wild in the experimental

population areas except as provided in paragraphs (g)(3), (4), (5), and

(10) of this section.

(3) Any person with a valid permit issued by the U.S. Fish and

Wildlife Service (Service) under Sec. 17.32 may take black-footed

ferrets in the wild in the experimental population areas.

(4) Any employee or agent of the Service or appropriate State

wildlife agency, who is designated for such purposes, when acting in

the course of official duties, may take a black-footed ferret from the

wild in the experimental population areas if such action is necessary:

(i) For scientific purposes;

(ii) To relocate a ferret to avoid conflict with human activities;

(iii) To relocate a ferret that has moved outside the

Reintroduction Area when removal is necessary to protect the ferret, or

is requested by an affected landowner or land manager, or whose removal

is requested pursuant to paragraph (g)(12) of this section;

(iv) To relocate ferrets within the experimental population areas

to improve ferret survival and recovery prospects;

(v) To relocate ferrets from the experimental population areas into

other ferret reintroduction areas or captivity;

(vi) To aid a sick, injured, or orphaned animal; or

(vii) To salvage a dead specimen for scientific purposes.

(5) A person may take a ferret in the wild within the experimental

population areas provided such take is incidental to, and not the

purpose of, the carrying out of an otherwise lawful activity and if

such ferret injury or mortality was unavoidable, unintentional, and did

not result from negligent conduct. Such conduct will not be considered

``knowing take'' for 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.

(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).

(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 and will be considered the core recovery area for the

species in southeastern Wyoming. The boundaries of the nonessential

experimental population will be that part of Wyoming south and east of

the North Platte River within Natrona, Carbon, and Albany Counties (see

Wyoming map). All marked ferrets found in the wild within these

boundaries prior to the first breeding season following the first year

of releases will constitute the nonessential experimental population

during this period. All ferrets found in the wild within these

boundaries during and after the first breeding season following the

first year of releases will comprise the nonessential experimental

population thereafter.

(ii) The Conata Basin/Badlands Reintroduction Area is shown on the

attached map for South Dakota and will be considered the core recovery

area for this species in southwestern South Dakota. The boundaries of

the nonessential experimental population area will be north of State

Highway 44 and BIA Highway 2 east of the Cheyenne River and BIA Highway

41, south of I-90, and west of State Highway 73 within Pennington,

Shannon, and Jackson Counties, South Dakota. Any black-footed ferret

found in the wild within these boundaries will be considered part of

the nonessential experimental population after the first breeding

season following the first year of releases of black-footed ferrets in

the Reintroduction Area. A black-footed ferret occurring outside the

experimental population area in South Dakota would initially be

considered as endangered but may be captured for genetic testing.

Disposition of the captured animal may take the following actions if

necessary:

(A) If an animal is genetically determined to have originated from

the 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.

(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 which is sick, injured, or

otherwise in need of special care may be captured by authorized

personnel of the Service or the Department or their agents and given

appropriate care. Such an animal may be released back to its respective

reintroduction area or another authorized site as soon as possible,

unless physical or behavioral problems make it necessary to return the

animal to captivity.

(11) The status of each experimental population will be re-

evaluated 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 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 re-evaluation 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 his lands will be permitted to terminate his consent and the

ferrets will be, at his request, relocated pursuant to paragraph

(g)(4)(iii) of this rule.

* * * * *

4. Section 17.84 is amended by adding a map to follow the existing

map at the end of paragraph (g).

BILLING CODE 4310-55-P

TR18AU94.001

BILLING CODE 4310-55-C

Dated: August 9, 1994.

Robert P. Davison,

Acting Assistant Secretary, Fish, Wildlife and Parks.

[FR Doc. 94-20036 Filed 8-17-94; 8:45 am]

BILLING CODE 4310-55-P