Federal Register, Volume 59 Issue 159 (Thursday, August 18, 1994)

[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20036]

[[Page Unknown]]

[Federal Register: August 18, 1994]

_______________________________________________________________________

Part III

Department of the Interior

_______________________________________________________________________

Fish and Wildlife Service

_______________________________________________________________________

50 CFR Part 17

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.

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

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