Endangered and Threatened Wildlife and Plants: Proposed Establishment of a Nonessential Experimental Population of Black-Footed Ferrets in Aubrey Valley, Arizona

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DEPARTMENT OF THE INTERIOR

50 CFR Part 17

RIN 1018-AD29

Endangered and Threatened Wildlife and Plants: Proposed

Establishment of a Nonessential Experimental Population of Black-Footed

Ferrets in Aubrey Valley, Arizona

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service), in cooperation

with the Arizona Game and Fish Department (Department), proposes to

introduce black-footed ferrets (Mustela nigripes) into Aubrey Valley,

Arizona. This reintroduction is proposed to implement a primary

recovery action for this federally listed endangered species and to

evaluate release techniques. Provided conditions are acceptable,

captive-raised black-footed ferrets that are surplus to the captive

population will be released in 1995, or later, and surplus animals will

be released annually thereafter for several years or until a self-

sustaining population is established. Releases will utilize and refine

reintroduction techniques used at other reintroduction areas. If the

Aubrey Valley program is successful, it is expected that a wild

population will be established within about 5 years. The Aubrey Valley

ferret population is proposed to be designated as a nonessential

experimental population in accordance with section 10(j) of the

Endangered Species Act of 1973, as amended (Act). This population will

be managed in accordance with the provisions of the accompanying

proposed special rule.

DATES: Comments from all interested parties must be received by:

January 2, 1996.

A public hearing on this proposal will be held from 7:00 P.M. to

10:00 P.M., on December 12, 1995, at Seligman, Arizona.

dance with section 10(j) of the

Endangered Species Act of 1973, as amended (Act). This population will

be managed in accordance with the provisions of the accompanying

proposed special rule.

DATES: Comments from all interested parties must be received by:

January 2, 1996.

A public hearing on this proposal will be held from 7:00 P.M. to

10:00 P.M., on December 12, 1995, at Seligman, Arizona.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the State Supervisor, Arizona Ecological Services Field Office,

U.S. Fish and Wildlife Service, 2321 West Royal Palm Road, Suite 103,

Phoenix, Arizona 85021. Comments and materials received will be

available for public inspection, by appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: William Austin, at the above address,

or telephone 602/640-2720.

SUPPLEMENTARY INFORMATION:

Background

1. Legislative: Among the significant changes made in the

Endangered Species Act (Act) by the Amendments of 1982 (Public Law No.

97-304) was the creation of a new section 10(j), which provides for the

designation of specific populations of listed species as ``experimental

populations.'' Under previous authorities in the Endangered Species Act

of 1973, as amended (16 U.S.C. 1531 et seq.), the U.S. Fish and

Wildlife Service (Service) was authorized to reintroduce populations

into unoccupied portions of a listed species' historical range when it

would foster the conservation and recovery of the species. However,

opposition to reintroduction efforts by local citizens, concerned about

the restrictions and prohibitions on Federal and private activities

contained in sections 7 and 9 of the Act, severely handicapped the

effectiveness of reintroductions as a management tool

unoccupied portions of a listed species' historical range when it

would foster the conservation and recovery of the species. However,

opposition to reintroduction efforts by local citizens, concerned about

the restrictions and prohibitions on Federal and private activities

contained in sections 7 and 9 of the Act, severely handicapped the

effectiveness of reintroductions as a management tool. Under section

10(j), reintroduced populations established outside the species'

current range but within its historical range may be designated, at the

discretion of the Service, as ``experimental.'' This designation

increases the Service's flexibility to manage reintroduced populations

of endangered species because experimental populations are treated as

threatened species under the Act, thereby permitting the Service

greater discretion in devising management programs and special

regulations. Per section 4(d) of the Act, such programs and regulations

may be necessary and advisable to provide for the conservation of the

species. In addition, per section 4(d) of the Act, these regulations

may be less restrictive than those for endangered species, and more

compatible with current or planned human activities in the

reintroduction area. For example, for the purposes of the proposed

Aubrey Valley reintroduction, a person may take a ferret in the wild

within the Aubrey Valley Experimental Population Area provided such

take is incidental as defined under the Act, and if any resulting

injury or mortality was unintentional, and not due to negligent

conduct. The Act defines ``incidental take'' as take that is incidental

to, and not the purpose of, the carrying out of an otherwise lawful

activity. Such conduct will not be considered ``intentional take'' and

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

knowing take of a black-footed ferret will result in the referral of

the incident to the appropriate authorities for prosecution

ct defines ``incidental take'' as take that is incidental

to, and not the purpose of, the carrying out of an otherwise lawful

activity. Such conduct will not be considered ``intentional take'' and

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

knowing take of a black-footed ferret will result in the referral of

the incident to the appropriate authorities for prosecution.

Experimental populations can be determined to be ``essential'' or

``nonessential.'' Nonessential populations are not essential to the

continued existence of the species. The proposed Aubrey Valley

population of black-footed ferrets, if reintroduction is undertaken,

will be designated as a nonessential experimental population according

to the provisions of section 10(j) of the Act.

Nonessential experimental populations located outside of the

National Wildlife Refuge System or National Park System lands are

treated, under section 7 of the Act, as if they were species proposed

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

experimental population outside of National Wildlife Refuge System and

National Park System lands: Section 7(a)(1), which requires all Federal

agencies to use their authority to conserve listed species; and section

7(a)(4), which requires Federal agencies to confer with the Service on

actions that are likely to jeopardize the continued existence of a

proposed

species throughout its range. Section 7 (a)(2) of the Act, which

requires Federal agencies to ensure that their activities are not

likely to jeopardize the continued existence of a listed species, would

not apply except on National Wildlife Refuge System and National Park

System lands. Activities undertaken on private lands are not affected

by section 7 of the Act unless they are authorized, funded or carried

out by a Federal agency

)(2) of the Act, which

requires Federal agencies to ensure that their activities are not

likely to jeopardize the continued existence of a listed species, would

not apply except on National Wildlife Refuge System and National Park

System lands. Activities undertaken on private lands are not affected

by section 7 of the Act unless they are authorized, funded or carried

out by a Federal agency.

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

comprising the designated experimental population may be removed from

an existing source or donor population only after it has been

determined that such removal is not likely to jeopardize the continued

existence of the species. Moreover, removal must be conducted in

accordance with the permitting requirements of 50 CFR 17.22.

2. Biological: The species addressed by this rulemaking is the

black-footed ferret (Mustela nigripes), an endangered carnivore with a

black face mask, black legs, and a black-tipped tail. Black-footed

ferrets are nearly 60 centimeters (2 feet) in length and weigh up to

1.1 kilogram (2.5 pounds). It is the only ferret species native to

North America.

Historically, the black-footed ferret was found over a wide area,

but it is difficult to make a conclusive statement on its historical

abundance due to its nocturnal and secretive habits. The historical

range of the species, based on specimen collections, includes 12 States

(Arizona, Colorado, Kansas, Montana, Nebraska, New Mexico, North

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

Canadian Provinces of Alberta and Saskatchewan. There is prehistoric

evidence of this ferret occurring from the Yukon Territory in Canada to

New Mexico and Texas (Anderson et al. 1986).

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

burrows for shelter and denning and depend almost exclusively on

prairie dogs for food and shelter (Henderson et al. 1969, Forrest et

al. 1985). Ferret range is coincident with that of prairie dogs

(Anderson et al

idence of this ferret occurring from the Yukon Territory in Canada to

New Mexico and Texas (Anderson et al. 1986).

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

burrows for shelter and denning and depend almost exclusively on

prairie dogs for food and shelter (Henderson et al. 1969, Forrest et

al. 1985). Ferret range is coincident with that of prairie dogs

(Anderson et al. 1986), with no documentation of black-footed ferrets

breeding outside of prairie dog colonies. There are specimen records of

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

black-tailed prairie dog (Cynomys ludovicianus), white-tailed prairie

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

(Anderson et al. 1986).

Widespread poisoning of prairie dogs and agricultural cultivation

of their habitat drastically reduced prairie dog abundance and

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

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

decimated prairie dog numbers, particularly in the southern portions of

their range. The severe decline of prairie dogs nearly resulted in the

extinction of black-footed ferrets. The ferret's decline may be

partially attributable to other factors such as secondary poisoning

from prairie dog toxicants and canine distemper. The black-footed

ferret was listed as an endangered species on March 11, 1967.

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

Dakota and studied intensively. This population disappeared from the

wild in 1974, and its last member died in captivity in 1979. The

species was then thought to be extinct until a small population was

discovered in 1981, near Meeteetse, Wyoming. The Meeteetse population

underwent a severe decline in 1985-1986 due to canine distemper

1964, a wild population of ferrets was discovered in South

Dakota and studied intensively. This population disappeared from the

wild in 1974, and its last member died in captivity in 1979. The

species was then thought to be extinct until a small population was

discovered in 1981, near Meeteetse, Wyoming. The Meeteetse population

underwent a severe decline in 1985-1986 due to canine distemper.

Eighteen survivors were taken into captivity in 1986-1987 to prevent

the species' extinction and to serve as founder animals for a captive

propagation program for reintroducing the species back into the wild.

Today, the captive population numbers 400 animals in 7 separately

maintained locations.

3. Recovery Efforts: The national recovery objective in the

recovery plan for the black-footed ferret (U.S. Fish and Wildlife

Service 1988) is to ensure immediate survival of the species by--(a)

Increasing the captive population of ferrets to 200 breeding adults by

1991, which has been achieved, (b) Establishing a prebreeding census

population of 1,500 free-ranging breeding adults in 10 or more

different populations, with no fewer than 30 breeding adults in each

population by the year 2010; and (c) Encouraging the widest possible

distribution of reintroduced animals throughout their historic range.

When this national objective is achieved, the black-footed ferret

will be downlisted to a threatened status, assuming that the extinction

rate of established populations remains at or below the rate at which

new populations are established for at least 5 years. Cooperative

efforts to rear black-footed ferrets in captivity have been successful.

In 5 years, the captive population has increased from 18 to over 400

animals. In 1988, this single captive population was divided into five

separate captive subpopulations to prevent the possibility of a single

catastrophic event eliminating the entire captive population. In 1991

and 1992, two additional captive subpopulations were established

footed ferrets in captivity have been successful.

In 5 years, the captive population has increased from 18 to over 400

animals. In 1988, this single captive population was divided into five

separate captive subpopulations to prevent the possibility of a single

catastrophic event eliminating the entire captive population. In 1991

and 1992, two additional captive subpopulations were established. Since

a captive population of 240 breeding adults has been achieved, recovery

efforts have advanced to the reintroduction phase of establishing

animals back into the wild.

4. Reintroduction Sites

a. Site Selection Process: The Service, in cooperation with 11

western State wildlife agencies has identified potential ferret

reintroduction sites within the historical range of the species. To

date, reintroductions have occurred in Wyoming, Montana, and South

Dakota. Utah and Colorado are currently identifying potential

reintroduction sites while other western States are in the process of

evaluating additional potential reintroduction sites. Sites are

selected for reintroduction by the Service in coordination with the

Black Footed Ferret Interstate Coordinating Committee.

b. Northwest Arizona/Aubrey Valley Site: The area selected for

reintroduction of the nonessential experimental population of black-

footed ferrets in Arizona is designated as the Aubrey Valley

Experimental Population Area (AVEPA). The AVEPA is located in Coconino

and Yavapai counties in northwestern Arizona. The AVEPA includes the

Aubrey Valley west of the Aubrey Cliffs, from Chino Point, north along

the crest of the Aubrey Cliffs to the southeast boundary of the

Hualapai Indian Reservation. The area's boundary continues southwest

along the Reservation boundary to U.S. Highway Route 66; then southeast

along Route 66 for approximately 5.2 km (3.5 miles) to mile post 116;

then along the 5,300-foot elevation contour east and north of the

Juniper Mountains and then back to the point of origin at Chino Point

e Aubrey Cliffs to the southeast boundary of the

Hualapai Indian Reservation. The area's boundary continues southwest

along the Reservation boundary to U.S. Highway Route 66; then southeast

along Route 66 for approximately 5.2 km (3.5 miles) to mile post 116;

then along the 5,300-foot elevation contour east and north of the

Juniper Mountains and then back to the point of origin at Chino Point.

This area encompasses 25,598 hectares (ha) (63,253 acres) of deeded

land and 18,536 ha (45,802 acres) of State trust land for a total of

44,134 ha (109,055 acres). A detailed map showing the location and

delineating the boundaries of the AVEPA accompanies this special rule.

Surveys conducted in 1992 indicate that approximately 6,969 ha

(17,196 acres) of prairie dog towns exist within the AVEPA. Using an

index outlined in Biggins et al. (1989), this area has a current black-

footed ferret family rating of 35, which means that about 35 black-

footed ferrets could potentially be supported at the AVEPA site. The

ferret family rating is a numerical value derived from the acreage and

density of prairie dogs and is used to estimate ferret carrying

capacity of a prairie dog complex. Since 1990, 10 surveys have been

conducted in the Aubrey Valley by Federal agencies for activities

authorized, funded, or carried out by the

Federal agency that may affect prairie dog colonies deemed capable of

supporting black-footed ferrets. These surveys did not discover any

evidence of extant black-footed ferrets and it is unlikely that any

wild ferrets exist within the AVEPA. Consequently, the Service

concludes that the reintroduction of ferrets into the site will be

separate and distinct from other existing populations.

Current plans call for releasing ferrets into a subportion of the

AVEPA (within the area considered best for the release). If this

reintroduction is successful, black-footed ferrets will probably

disperse into other areas of the AVEPA

the AVEPA. Consequently, the Service

concludes that the reintroduction of ferrets into the site will be

separate and distinct from other existing populations.

Current plans call for releasing ferrets into a subportion of the

AVEPA (within the area considered best for the release). If this

reintroduction is successful, black-footed ferrets will probably

disperse into other areas of the AVEPA. Other individuals will be

released into selected portions of the AVEPA at a later date. Black-

footed ferrets will be released only if biological conditions are

suitable and meet the management framework that has been developed. The

Service will reevaluate the reintroduction efforts in the AVEPA should

any of the following conditions occur:

(1) Failure to maintain black-footed ferret habitat sufficient to

support 30 breeding adults after five years.

(2) Failure to maintain at least 90 percent of prairie dog acreage

known in 1992.

(3) A wild black-footed ferret population is found within the AVEPA

prior to the first breeding season following the initial

reintroduction.

(4) Any active case of canine distemper or other disease is found

in any animal in or near the reintroduction area within six months

prior to the scheduled release.

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

release.

(6) Funding is not available to implement the reintroduction plan

in Arizona.

(7) Land ownership changes or cooperators withdraw from the

project.

5. Reintroduction Protocol: The reintroduction protocol involves

releasing approximately 20 or more captive-raised black-footed ferrets

in the first year of the program, and up to 50 or more animals annually

for the next 2 to 4 years. Released animals should be excess to the

needs of the captive breeding program. Hence, the loss of released

animals would unlikely have any impact on the genetic diversity of the

species. Since captive breeding of ferrets will continue, any animal

loss in the reintroduction effort can be replaced

n the first year of the program, and up to 50 or more animals annually

for the next 2 to 4 years. Released animals should be excess to the

needs of the captive breeding program. Hence, the loss of released

animals would unlikely have any impact on the genetic diversity of the

species. Since captive breeding of ferrets will continue, any animal

loss in the reintroduction effort can be replaced. It may be necessary

to release ferrets from other sources, including established

reintroduced populations, to enhance the genetic diversity of the

population.

The Service has implemented several protocols for releasing

captive-reared ferrets back into the wild. There are many factors that

must be considered when determining which reintroduction methodology to

use. A ``hard'' release is when animals are released shortly after

arrival at the release site. A ``soft'' release is when the animals are

supplied with food, shelter, and protection from predators for a period

of time before being released. In either method, ferrets are released

from above ground cages with access to nest boxes underground.

Reintroduction also may be accomplished by releasing preconditioned or

nonconditioned young or adult animals into the wild.

``Preconditioning'' is where captive-bred ferrets are exposed to living

within prairie dog towns which mimic natural conditions. In addition,

it may be necessary to surround each above-ground cage with an electric

fence to prevent damage by livestock or large mammals. The Service will

determine and use the reintroduction method best suited for the

proposed ferret release at the AVEPA.

Released animals will be vaccinated against diseases, including

canine distemper, when a vaccine for distemper is developed for black-

footed ferret use. Measures to reduce predation by coyotes, badgers,

raptors, and other predators will be taken during the initial

reintroduction stage. Habitat conditions will also be monitored during

the reintroduction phase

osed ferret release at the AVEPA.

Released animals will be vaccinated against diseases, including

canine distemper, when a vaccine for distemper is developed for black-

footed ferret use. Measures to reduce predation by coyotes, badgers,

raptors, and other predators will be taken during the initial

reintroduction stage. Habitat conditions will also be monitored during

the reintroduction phase. All released ferrets will be marked and

monitored. Radiotelemetry, spotlight and snow surveys, and visual

sighting techniques will be employed to locate and track released

ferrets.

High mortality (up to 90 percent) is expected among animals during

the first year of release. Captive-bred animals are more susceptible to

predation, starvation, and environmental conditions than wild born

individuals. Mortality is highest during the first month of release. In

the first year of the program, a realistic goal is to have some ferrets

survive the first month in the wild with at least 10 percent of the

animals surviving winter.

From 1982 to 1986, intensive studies were conducted on the

Meeteetse population to establish baseline data to aid future

reintroduction efforts. This baseline data has been supplemented with

biological and behavioral data observed from the South Dakota

population in the 1960's and 1970's. The Wyoming, South Dakota, and

Montana reintroduction programs will also provide additional data for

future releases.

The goal of the Arizona reintroduction effort is the establishment

of a free-ranging population of at least 30 adult animals within the

AVEPA by the year 2000. The Service will monitor the progress of the

project on an annual basis, including all determinable sources of

mortality. The status of the population and the information gained at

this site will be evaluated annually for the first 5 years to determine

future ferret management needs

the establishment

of a free-ranging population of at least 30 adult animals within the

AVEPA by the year 2000. The Service will monitor the progress of the

project on an annual basis, including all determinable sources of

mortality. The status of the population and the information gained at

this site will be evaluated annually for the first 5 years to determine

future ferret management needs. This 5-year evaluation will not include

an evaluation on whether the ``nonessential experimental'' designation

for the Aubrey Valley population should be changed. The nonessential

designation for this experimental population will remain unchanged

unless the experiment is deemed by the Service to be a failure and the

designation and the animals are withdrawn.

Status of Reintroduced Population

The Aubrey Valley proposed reintroduction is ``nonessential'' to

the continued existence of the black-footed ferret for the following

reasons:

1. The captive breeding population is the primary population and it

has been protected against the threat of extinction from a single

catastrophic event by dividing the population into seven widely

separated subpopulations. Hence, any loss of an experimental population

will not threaten the survival of the species as a whole.

2. Presently, the primary repository of genetic diversity for the

species is the 240 breeding adults in the captive breeding population.

Animals selected for reintroduction purposes should be excess to the

needs of the captive population. Hence, any loss of animals for an

experimental population will not impact the overall genetic diversity

of the species.

3. All animals lost during this reintroduction attempt will be

replaced through captive breeding. Based on current population

dynamics, juvenile ferrets are being produced in excess of the numbers

needed to maintain 240 breeding adults in captivity.

This will be the fourth experimental population of black-footed

ferrets released back into the wild

e overall genetic diversity

of the species.

3. All animals lost during this reintroduction attempt will be

replaced through captive breeding. Based on current population

dynamics, juvenile ferrets are being produced in excess of the numbers

needed to maintain 240 breeding adults in captivity.

This will be the fourth experimental population of black-footed

ferrets released back into the wild. The other reintroduction efforts

are in Wyoming, southwestern South Dakota, and north-central Montana.

Reintroduction of ferrets is important to help ensure the survival of

the species in the wild. Ferrets held in captivity are at risk of

losing behaviorial aspects critical to their survival in the wild.

Consequently, it is important to reintroduce captive-held ferrets as

soon as possible to

increase the likelihood of successful reintroductions.

Approximately 58 percent of the land in the AVEPA is deeded land

and State trust lands make up the other 42 percent. The nonessential

experimental population designation will facilitate reestablishment of

the species in the wild by alleviating landowner concerns about

possibly restrictive measures that could be taken under the Act. The

nonessential experimental designation is intended to relax regulations

that protect reintroduced populations of endangered species, while

promoting the conservation of this population. The nonessential

designation provides a more flexible management framework for

protecting and recovering black-footed ferrets so that private

landowners can continue their current daily activities.

Attempts to reintroduce ferrets into the wild (in Wyoming, South

Dakota, and Montana) have placed emphasis on developing and improving

reintroduction techniques. This research will lay the groundwork for

ferret reintroduction and management protocol at future release sites.

Thus, failure to establish an Arizona population in the first few years

of the program will not reduce the likelihood of the survival of the

species in the wild

wild (in Wyoming, South

Dakota, and Montana) have placed emphasis on developing and improving

reintroduction techniques. This research will lay the groundwork for

ferret reintroduction and management protocol at future release sites.

Thus, failure to establish an Arizona population in the first few years

of the program will not reduce the likelihood of the survival of the

species in the wild. The data obtained from this reintroduction effort

will be used to improve ferret reintroduction techniques in Gunnison's

prairie dog towns. All previous releases have occurred in black-tailed

or white-tailed prairie dog towns.

Location of Reintroduced Population

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

geographically separate from other nonexperimental populations of the

same species. Since 1987, when the last members of the Meeteetse

population were captured for inclusion in the captive population, no

ferrets have been reported from the wild. There is still the

possibility that ferrets exist in the wild today. Extensive surveys for

black-footed ferrets in the AVEPA were conducted. In addition to these

surveys, many hours were spent surveying prairie dog colonies at the

proposed relocation site; no ferrets or sign have been observed.

Therefore, the Service believes that the reintroduced population will

not overlap with any wild ferrets.

The AVEPA is located in northwestern Arizona and includes the

Aubrey Valley west of the Aubrey Cliffs. The area has geographic

features that may hinder, but not prevent black-footed ferrets from

moving outside of the AVEPA. However, it is unlikely that ferrets would

migrate outside the designated area.

The AVEPA will serve as one of the core recovery areas described in

the Black-footed Ferret Recovery Plan

cated in northwestern Arizona and includes the

Aubrey Valley west of the Aubrey Cliffs. The area has geographic

features that may hinder, but not prevent black-footed ferrets from

moving outside of the AVEPA. However, it is unlikely that ferrets would

migrate outside the designated area.

The AVEPA will serve as one of the core recovery areas described in

the Black-footed Ferret Recovery Plan. Following the first release and

prior to the first breeding season, all marked ferrets in the

reintroduction site, but still within the designated experimental

population area, will be considered as the nonessential experimental

population. During and following the first breeding season, all ferrets

located in the AVEPA, including offspring of released ferrets, will be

considered as the nonessential experimental population. It is expected

that all animals will remain in the AVEPA because of prime prairie dog

habitat, their limited home range, and surrounding geographic barriers.

Should any animal leave the AVEPA, the Service and its cooperators may

capture the stray and either return it to the management area,

translocate it to another reintroduction site, or place it in

captivity. If a ferret is found on private lands outside the

reintroduction area (but still within the experimental population

site), the landowner will be contacted and the animal will be removed

at the request of the landowner. If the landowner has no objection to

the ferret remaining on his/her property, the animal will not be

removed. Black-footed ferrets dispersing into areas outside of the

experimental area will receive full protection under the Act.

All ferrets released in the AVEPA will be marked. If any unmarked

animals are found following the first release and prior to the first

breeding season, a concerted effort will be made to determine the

source of such ferrets. A search will be undertaken to determine

whether a wild population exists in the area

areas outside of the

experimental area will receive full protection under the Act.

All ferrets released in the AVEPA will be marked. If any unmarked

animals are found following the first release and prior to the first

breeding season, a concerted effort will be made to determine the

source of such ferrets. A search will be undertaken to determine

whether a wild population exists in the area. Any ferret occurring

outside the AVEPA would be considered as endangered, but it could be

captured for genetic testing. If the animal is determined to be from

the experimental population, it will either be returned to the AVEPA,

held in captivity, or released at another reintroduction site. If the

captured animal is determined to be genetically unrelated to ferrets

from the experimental population (possibly a wild animal), it can be

captured for use in the captive breeding program. Under the existing

contingency plan, up to nine such ferrets can be captured for the

captive population. If a landowner outside the experimental population

area wishes to retain the black-footed ferret(s) on his or her

property, a conservation agreement or easement will be arranged.

Management

The AVEPA reintroduction will be undertaken by the Service in

cooperation with the Arizona Game and Fish Department, the Navajo

Nation, and the Arizona State Land Department (in accordance with the

Cooperative Reintroduction Plan For Black-footed Ferrets--Aubrey

Valley, Arizona (Belitsky et al. 1994)). Additional considerations

pertinent to reintroduction are discussed below.

1. Monitoring: Various monitoring efforts are planned during the

first 5 years of the program. Prairie dog numbers and their

distribution and monitoring for sylvatic plague will be conducted on an

annual basis. Monitoring for canine distemper will be conducted before

and during the reintroduction. Reintroduced ferrets and their offspring

will be monitored each year, using spotlight surveys and/or

snowtracking surveys

itoring efforts are planned during the

first 5 years of the program. Prairie dog numbers and their

distribution and monitoring for sylvatic plague will be conducted on an

annual basis. Monitoring for canine distemper will be conducted before

and during the reintroduction. Reintroduced ferrets and their offspring

will be monitored each year, using spotlight surveys and/or

snowtracking surveys. Assuming a few ferrets survive the first winter,

surveys will be conducted to monitor breeding success and the

recruitment of surviving animals . All behaviorial aspects will also be

investigated during the reintroduction phase.

The Service has requested that the Arizona Game and Fish Department

serve as the primary contact for governmental agencies, private

landowners, and the public within the area affected by the black-footed

ferret reintroduction. The Department will also serve as the primary

contact for any reports on injured or dead ferrets. All reports of any

injured or dead animals should be referred to the State Supervisor,

U.S. Fish and Wildlife Service, Ecological Services, Phoenix, Arizona,

telephone (602) 640-2720. The State Supervisor also will notify the

Service's Division of Law Enforcement concerning any dead or injured

ferret.

Ferret populations and their habitat will be monitored annually by

the Service and/or its authorized cooperators to document any hazards

or ongoing activities which would impact black-footed ferrets. When

appropriate, strategies and contingencies to minimize harm to ferrets

will be included in the management plan and implemented by the Service.

The Service and its cooperators will keep other agencies and the

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

through public outreach programs. Such educational programs will

address the handling of sick or injured ferrets. When dead black-footed

ferrets are found, the carcass should be preserved. The Service

requests that any individual finding a dead ferret not disturb

rvice and its cooperators will keep other agencies and the

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

through public outreach programs. Such educational programs will

address the handling of sick or injured ferrets. When dead black-footed

ferrets are found, the carcass should be preserved. The Service

requests that any individual finding a dead ferret not disturb

potential evidence that may be used to determine cause of death.

Any person locating a dead, injured, or sick black-footed ferret,

or witnessing anyone causing harm or death to a ferret, should

immediately notify the State Supervisor, U.S. Fish and Wildlife

Service, Ecological Services, Phoenix, Arizona, telephone (602) 640-

2720.

2. Disease Considerations: If an active case of canine distemper is

documented in any wild mammal found in proximity to or within the

reintroduction site (within 6 months prior to the reintroduction), the

reintroduction program will be reevaluated. At least 10 coyotes, and

possibly badgers, will be tested for canine distemper before ferrets

are released at the AVEPA. All persons will be discouraged from

bringing dogs into the AVEPA. Residents and hunters will be encouraged

to vaccinate pets and to report any unusual behavior witnessed in wild

animals or any dead animals that are found within the area. Efforts are

underway to develop an effective canine distemper vaccine for black-

footed ferrets. Routine sampling for sylvatic plague within prairie dog

towns will occur before and during the release.

3. Genetic Considerations: Ferrets selected for the initial

reintroduction will be animals excess to the needs of the captive

populations in order to preserve the genetic diversity of the captive

populations. The genetic diversity found within experimental ferret

reintroductions is usually less than that of the captive populations.

This disparity can be corrected by selecting and reestablishing

breeding ferrets that compensate for any genetic biases in earlier

releases

be animals excess to the needs of the captive

populations in order to preserve the genetic diversity of the captive

populations. The genetic diversity found within experimental ferret

reintroductions is usually less than that of the captive populations.

This disparity can be corrected by selecting and reestablishing

breeding ferrets that compensate for any genetic biases in earlier

releases. The ultimate goal is to establish wild ferret populations

that represent the maximum level of genetic diversity.

4. Prairie Dog Management: The Service will work cooperatively with

landowners and land management agencies in the AVEPA to maintain

sufficient prairie dog habitat to support 30 breeding adult

black-footed ferrets, as well as to maintain at least 90 percent of the

prairie dog habitat known in 1992. In areas where prairie dogs are a

nuisance, control programs compatible with ferret recovery objectives

will be implemented. The Service will work cooperatively with the

affected landowners and land management agencies to resolve any prairie

dog management conflicts.

5. Mortality: Only animals surplus to the needs of the captive

breeding program will be used in this reintroduction attempt.

Significant mortality is expected to occur since captive-reared animals

must adapt to the wild. Natural mortality, resulting from predation, a

fluctuating food supply, disease, and the lack of any hunting

experience on the part of the released animals, will be compensated for

through predator and prairie dog management, vaccination, supplemental

feeding, and improved release methods. Human-related mortality may be

reduced through public education efforts. A low level of mortality from

incidental take is expected as a result of designing the reintroduction

program to coincide with traditional land use practices in the

reintroduction site. The Act defines ``incidental take'' as take that

is incidental to, and not the purpose of, the carrying out of an

otherwise lawful activity

n-related mortality may be

reduced through public education efforts. A low level of mortality from

incidental take is expected as a result of designing the reintroduction

program to coincide with traditional land use practices in the

reintroduction site. The Act defines ``incidental take'' as take that

is incidental to, and not the purpose of, the carrying out of an

otherwise lawful activity.

A person may take a ferret in the wild within the AVEPA provided

such take is incidental as defined under the Act, and if any resulting

injury or mortality was unintentional, and not due to negligent

conduct. Such conduct will not be considered ``intentional take'' and

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

knowing take of a black-footed ferret will result in the referral of

the incident to the appropriate authorities for prosecution. Any take

of black-footed ferrets must be reported immediately to the Service's

State Supervisor (see ADDRESSES section).

The draft biological opinion prepared for the reintroduction

anticipates an incidental take level of about 12 percent of all

reintroduced ferrets and their offspring. If this level of incidental

take is reached at any time within a given year, the Service in

cooperation with landowners and land managing agencies will conduct an

evaluation of the incidental take and will implement the necessary

measures to reduce the level of incidental take.

6. Special Handling: Under the proposed special rule, Service

employees and their acting agents will be authorized to handle black-

footed ferrets for various reasons: scientific purposes, relocation to

avoid conflict with human activities, recovery efforts, relocation to

future reintroduction sites, aiding sick, injured, or orphaned animals,

and salvaging of dead animals. If a ferret is deemed not fit to remain

in the wild, it will be placed in captivity. The Service will also

determine the placement of all sick, injured, orphaned, and dead

animals.

s: scientific purposes, relocation to

avoid conflict with human activities, recovery efforts, relocation to

future reintroduction sites, aiding sick, injured, or orphaned animals,

and salvaging of dead animals. If a ferret is deemed not fit to remain

in the wild, it will be placed in captivity. The Service will also

determine the placement of all sick, injured, orphaned, and dead

animals.

7. Coordination with Landowners and Land Management: An effort to

identify issues and concerns associated with this proposed ferret

reintroduction was conducted prior to the development of the proposed

rule. The proposed reintroduction has also been discussed with those

potentially affected State agencies and landowners located within the

proposed release site. These affected State agencies and landowners/

managers indicate that they will support the reintroduction if the

released animals are considered to be a nonessential experimental

population.

8. Potential for Conflict with Grazing and Recreational Activities:

Under the current management scheme developed for the AVEPA, conflicts

between grazing and black-footed ferret management are not anticipated.

There will be no additional grazing restrictions other than those

contained in the ``Cooperative Reintroduction Plan for Black-footed

Ferrets in Aubrey Valley, Arizona'' placed on landowners. The

reintroduction plan states that all lands in the management area are

subject to livestock grazing and, to date, no grazing practices have

been observed that will adversely affect ferret habitat. However, the

reintroduction plan does call for working cooperatively with landowners

in the experimental area to maintain at least 90 percent of the prairie

dog habitat known to exist in 1992. No restrictions will be placed on

landowners regarding prairie dog control on private lands within the

experimental population area

actices have

been observed that will adversely affect ferret habitat. However, the

reintroduction plan does call for working cooperatively with landowners

in the experimental area to maintain at least 90 percent of the prairie

dog habitat known to exist in 1992. No restrictions will be placed on

landowners regarding prairie dog control on private lands within the

experimental population area. In the event that prairie dog control

efforts proposed for private or State trust lands might eliminate the

prey base for established black-footed ferrets in a specific problem

area, State and Federal biologists will determine whether black-footed

ferrets are negatively impacted. Any agent of the Service or the

appropriate State wildlife agency may translocate animals from a

problem area to other areas with less conflict. Big game hunting,

prairie dog shooting, and trapping of furbearers or predators in the

AVEPA are not likely to impact ferrets.

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

ferrets will need to be protected from natural mortality (predators,

disease, lack of prey base) and from human-related sources of

mortality. Natural mortality will be reduced through improved release

methods, vaccination, predator control, and the management of prairie

dog populations. Human causes of mortality will be minimized by

releasing ferrets in areas with low human population densities and with

little development.

A draft biological opinion was prepared on this proposal for the

reintroduction of black-footed ferrets into the AVEPA. It concluded

that this action is not likely to jeopardize the continued existence of

the species. A final biological opinion will be prepared for the final

rulemaking.

minimized by

releasing ferrets in areas with low human population densities and with

little development.

A draft biological opinion was prepared on this proposal for the

reintroduction of black-footed ferrets into the AVEPA. It concluded

that this action is not likely to jeopardize the continued existence of

the species. A final biological opinion will be prepared for the final

rulemaking.

10. Public Awareness and Cooperation: An extensive educational

effort will be undertaken to inform the public in the region and

nationally about the importance of this reintroduction in the recovery

of the black-footed ferret. This should enhance public awareness of the

significance of the project and gain its support.

11. Overall: The designation of the AVEPA population as a

nonessential experimental population will encourage local cooperation

since this designation will allow for greater flexibility while

conducting normal activities within the release site. The Service

considers the nonessential experimental population designation to be

necessary in order to receive full cooperation from landowners,

agencies, and recreational interests in the affected area. Based on the

above information, and utilizing the best scientific and commercial

data available, (in accordance with 50 CFR 17.81), the Service finds

that releasing black-footed ferrets into the AVEPA will further the

conservation and recovery of the species.

Public Comments Solicited

P.M. with registration beginning at

6:00 P.M. at the Cafetorium, Seligman High School, 500 N. Main Street,

Seligman, Arizona.

National Environmental Policy Act

A draft environmental assessment as defined under the authority of

the National Environmental Policy Act of 1969 has been prepared and is

available from the Service office identified in the ADDRESSES section.

Required Determinations

This proposed rule has been reviewed under Executive Order 12866.

The Department of the Interior has determined that this rule will not

have a significant economic effect on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Based on the information discussed in this rule concerning public

projects and private activities within the experimental population

area, significant economic impacts will not result from this action.

Also, no direct costs, enforcement costs, information collection, or

recordkeeping requirements are imposed on small entities by this

action, and the rule contains no recordkeeping requirements as defined

under the Paperwork Reduction Act of 1995 (Pub. L. 104-13).

References Cited

Anderson, E., S.C. Forrest, T.W. Clark, and L. Richardson. 1986.

Paleobiology, biogeography, and systematics of the black-footed

ferret (Mustela nigripes) (Audubon and Bachman), 1851. Great Basin

Naturalist Memoirs 8:11-62.

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

Bulletin of the American Museum of Natural History 148(2):280-281.

Belitsky, D.W., W.E. Van Pelt, and J.D. Hanna. 1994. A cooperative

reintroduction plan for black-footed ferrets, Aubrey Valley,

Arizona. Arizona Game and Fish Department, Phoenix, Arizona. 33 pp.

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

Crete, and A. Dood. 1989. A system for evaluating black-footed

ferret habitat. Unpubl. Rept. for the Black-footed Ferret Interstate

Coordinating Committee. USFWS, Fort Collins, Colorado. 25 pp.

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

rrets, Aubrey Valley,

Arizona. Arizona Game and Fish Department, Phoenix, Arizona. 33 pp.

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

Crete, and A. Dood. 1989. A system for evaluating black-footed

ferret habitat. Unpubl. Rept. for the Black-footed Ferret Interstate

Coordinating Committee. USFWS, Fort Collins, Colorado. 25 pp.

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

1985. Black-footed ferret habitat: some management and

reintroduction considerations. Wyoming Bureau of Land Management,

Wildlife Technical Bulletin, No. 2. 49 pp.

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

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

and Parks, Tech. Bull. 4:1-36.

U.S. Fish and Wildlife Service. 1988. Black-footed ferret recovery

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

Author

The primary author of this rule is Lorena L.L. Wada (see ADDRESSES

section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulations Promulgation

PART 17--[AMENDED]

Accordingly, it is hereby proposed to amend Part 17, Subchapter B

of Chapter I, Title 50 of the U.S. Code of Federal Regulations, as set

forth below:

1. The authority citation for Part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. It is proposed that Sec. 17.11(h) be amended by revising the

existing entries for the ``Ferret, black-footed'' under ``MAMMALS'' to

read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

y citation for Part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. It is proposed that Sec. 17.11(h) be amended by revising the

existing entries for the ``Ferret, black-footed'' under ``MAMMALS'' to

read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

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

Species Vertebrate

----------------------------------------------- population

Historic range where Status When listed Critical habitat Special rules

Common name Scientific name endangered or

threatened

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

Mammals

* * * * * * *

Ferret, black-footed......... Mustela Western U.S.A., Entire, except E 1, 3, 433, 545, NA.............. NA

nigripes. Western Canada. where listed 546, ______.

as an

experimental

population

below.

Do....................... ......do....... ......do....... U.S.A. XN 433, 545, 546, NA.............. 17.84(g)

(specified ______.

portions of

WY, MT, SD,

and AZ).

* * * * * * *

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

3. It is proposed that 50 CFR 17.84 be amended by revising the text

of paragraph (g) to read as follows:

Sec. 17.84 Special rules--vertebrates.

* * * * *

(g) Black-footed ferret (Mustela nigripes).

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

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

3. It is proposed that 50 CFR 17.84 be amended by revising the text

of paragraph (g) to read as follows:

Sec. 17.84 Special rules--vertebrates.

* * * * *

(g) Black-footed ferret (Mustela nigripes).

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

(g)(9)(i), (g)(9)(ii), (g)(9)(iii), and (g)(9)(iv) of this section are

nonessential experimental populations. Each of these populations will

be managed in accordance with their respective management plans.

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

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

(10) of this section.

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

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

ferrets in the wild in the experimental population areas.

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

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

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

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

(i) For scientific purposes;

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

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

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

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

is requested pursuant to paragraph (g)(13) of this section;

(iv) To relocate ferrets within the experimental population areas

to improve ferret survival and recovery prospects;

h human activities;

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

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

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

is requested pursuant to paragraph (g)(13) of this section;

(iv) To relocate ferrets within the experimental population areas

to improve ferret survival and recovery prospects;

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

other ferret reintroduction areas or captivity;

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

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

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

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

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

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

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

``knowing take'' for the purposes of this regulation, and the Service

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

be referred to the appropriate authorities for prosecution.

(6) Any taking pursuant to paragraphs (g)(3), (4)(vi) and (vii),

and (5) of this section must be reported immediately to the appropriate

Service Field or State Supervisor, who will determine the disposition

of any live or dead specimens.

(i) Such taking in the Shirley Basin/Medicine Bow experimental