[Federal Register Volume 60, Number 220 (Wednesday, November 15, 1995)]
[Proposed Rules]
[Pages 57387-57396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28078]



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


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.

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

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.

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. 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.
    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 

[[Page 57388]]
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.
    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. 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. 
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. 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. 
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 

[[Page 57389]]
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. 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. 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. 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. 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. 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 

[[Page 57390]]
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. 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. 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. 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. 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 

[[Page 57391]]
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. 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.
    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.
    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. 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.

[[Page 57392]]

    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

    The Service intends that any action resulting from this proposed 
rulemaking to designate the AVEPA population as a nonessential 
experimental population be as effective as possible. Therefore, 
comments or recommendations concerning any aspect of this proposed rule 
are hereby invited (see ADDRESSES section) from State, public, and 
government agencies, the scientific community, industry, or any other 
interested party. Comments should be as specific as possible. Final 
promulgation of a rule to implement this proposed action will take into 
consideration all comments and any additional information received by 
the Service. Such communications may lead to a final rule that differs 
from this proposal.

Public Hearings

    The Act provides for at least one public hearing on this proposal, 
if requested within 45 days from date of publication of the proposal. 
The Service has arranged for a public hearing to be held on December 
12, 1995, from 7:00 P.M. to 10:00 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. 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.

* * * * *
    (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.                                                                                

[[Page 57393]]
                                                                                                                                                        
    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 
(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;
    (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 
population area must be reported to the Field Supervisor, Ecological 
Services, Fish and Wildlife Service, Cheyenne, Wyoming (telephone: 307/
772-2374).
    (ii) Such taking in the Conata Basin/Badlands experimental 
population area must be reported to the Field Supervisor, Ecological 
Services, Fish and Wildlife Service, Pierre, South Dakota (telephone: 
605/224-8693).
    (iii) Such taking in the north-central Montana experimental 
population area must be reported to the Field Supervisor, Ecological 
Services, Fish and Wildlife Service, Helena, Montana (telephone: 406/
449-5225).
    (iv) Such taking in the Aubrey Valley experimental population area 
must be reported to the State Supervisor, Ecological Services, Fish and 
Wildlife Service, Phoenix, Arizona (telephone: 602/640-2730).
    (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 population 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 of Wyoming and will be considered the core recovery area 
for this species in southeastern Wyoming. The boundaries of the 
nonessential experimental population will be that part of Wyoming south 
and east of the North Platte River within Natrona, Carbon, and Albany 
Counties (see Wyoming map). All marked ferrets found in the wild within 
these boundaries prior to the first breeding season following the first 
year of releases will constitute the nonessential experimental 
population during this period. All ferrets found in the wild within 
these boundaries during and after the first breeding season following 
the first year of releases will comprise the nonessential experimental 
population thereafter.
    (ii) The Conata Basin/Badlands Reintroduction Area is shown on the 
attached map for South Dakota and will be considered the core recovery 
area for this species in southwestern South Dakota. The boundaries of 
the nonessential experimental population area will be north of State 
Highway 44 and BIA Highway 2 east of the Cheyenne River and BIA Highway 
41, south of I-90, and west of State Highway 73 within Pennington, 
Shannon, and Jackson Counties, South Dakota. Any black-footed ferret 
found in the wild within these boundaries will be considered part of 
the nonessential experimental population after the first breeding 
season following the first year of releases of black-footed 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 

[[Page 57394]]
experimental population, it may be returned to the Reintroduction Area 
or to a captive facility.
    (B) If an animal is determined to be genetically unrelated to the 
experimental population, then under an existing contingency plan, up to 
nine black-footed ferrets may be taken for use in the captive-breeding 
program. If a landowner outside the experimental population area wishes 
to retain black-footed ferrets on his property, a conservation 
agreement or easement may be arranged with the landowner.
    (iii) The North-central Montana Reintroduction Area is shown on the 
attached map for Montana and will be considered the core recovery area 
for this species in north-central Montana. The boundaries of the 
nonessential experimental population will be those parts of Phillips 
and Blaine Counties, Montana, described as the area bounded on the 
north beginning at the northwest corner of the Fort Belknap Indian 
Reservation on the Milk River; east following the Milk River to the 
east Phillips County line; then south along said line to the Missouri 
River; then west along the Missouri River to the west boundary of 
Phillips County; then north along said county line to the west boundary 
of Fort Belknap Indian Reservation; then further north along said 
boundary to the point of origin at the Milk River. All marked ferrets 
found in the wild within these boundaries prior to the first breeding 
season following the first year of releases will constitute the 
nonessential experimental population during this period. All ferrets 
found in the wild within these boundaries during and after the first 
breeding season following the first year of releases will thereafter 
comprise the nonessential experimental population. A black-footed 
ferret occurring outside the experimental area in Montana would 
initially be considered as endangered but may be captured for genetic 
testing. Disposition of the captured animal may be done in the 
following manner if necessary.
    (A) If an animal is genetically determined to have originated from 
the experimental population, it would be returned to the Reintroduction 
Area or to a captive facility.
    (B) If an animal is determined not to be genetically related to the 
experimental population, then under an existing contingency plan, up to 
nine ferrets may be taken for use in the captive breeding program.
    (iv) The Aubrey Valley Experimental Population Area (see Arizona 
map) will be considered the core recovery area for this species in 
northwestern Arizona. The boundary of the nonessential experimental 
population area will be those parts of Coconino and Yavapai Counties 
that include the Aubrey Valley west of the Aubrey Cliffs, starting from 
Chino Point, north along the crest of the Aubrey Cliffs to the 
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. Any black-footed ferrets found in the 
wild within these boundaries will be considered part of the 
nonessential experimental population after the first breeding season 
following the first year of releases of ferrets into the reintroduction 
area. A black-footed ferret occurring outside the experimental area in 
Arizona would initially be considered as endangered but may be captured 
for genetic testing. Disposition of the captured animal may take the 
following action if necessary:
    (A) If an animal is 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 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 disease prevalent in mustelids, as 
appropriate, prior to release. Any animal that is sick, injured, or 
otherwise in need of special care may be captured by authorized 
personnel of the Service or appropriate State wildlife agency or their 
agents, and given appropriate care. Such an animal may be released back 
to the appropriate reintroduction area or another authorized site as 
soon as possible, unless physical or behavioral problems make it 
necessary to return the animal to captivity.
    (11) The status of each experimental population will be reevaluated 
within the first 5 years after the first year of releases of black-
footed ferrets to determine future management needs. This review will 
take into account the reproductive success and movement patterns of the 
individuals released into the area, as well as the overall health of 
the experimental population and the prairie dog ecosystem in the above 
described areas. Once recovery goals are met for delisting the species, 
a rule will be proposed to address delisting.
    (12) This 5-year evaluation will not include a reevaluation of the 
``nonessential experimental'' designation for these populations. The 
Service does not foresee any likely situation which would call for 
altering the nonessential experimental status of any population. Should 
any such alteration prove necessary and it results in a substantial 
modification to black-footed ferret management on non-Federal lands, 
any private landowner who consented to the introduction of black-footed 
ferrets on their lands will be permitted to terminate their consent, 
and at their request, the ferrets will be relocated pursuant to 
paragraph (g)(4)(iii) of this section.
* * * * *


Sec. 17.84  [Amended]

    4. It is proposed to amend Sec. 17.84 by adding a map to follow the 
existing map at the end of paragraph (g).

BILLING CODE 4310-55-P

[[Page 57395]]
[GRAPHIC][TIFF OMITTED]TP15NO95.000



[[Page 57396]]

    Dated: October 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary, Fish, Wildlife and Parks.
[FR Doc. 95-28078 Filed 11-14-95; 8:45 am]
BILLING CODE 4310-55-C