[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Proposed Rules]
[Pages 23202-23211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10978]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD99


Endangered and Threatened Wildlife and Plants: Proposed 
Establishment of a Nonessential Experimental Population of Black-footed 
Ferrets in Northwestern Colorado and Northeastern Utah

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service), in cooperation 
with the Bureau of Land Management (Bureau), the Colorado Division of 
Wildlife (Colorado Division), and the Utah Division of Wildlife 
Resources (Utah Division) proposes to introduce black-footed ferrets 
(Mustela nigripes) into northwestern Colorado and northeastern Utah. 
The purposes of this reintroduction are to implement the recovery 
action of the species and to evaluate release techniques. Surplus 
captive-raised black-footed ferrets will be released in 1997, or later 
and additional animals will be released annually for several years 
thereafter or until a self-sustaining population is established. If the 
northwestern Colorado/northeastern Utah program is successful, a wild 
population could be established within about 5 years. The northwestern 
Colorado/northeastern Utah population would be established as a 
nonessential experimental population in accordance with section 10(j) 
of the Endangered Species Act of 1973, as amended (Act). This 
population would be managed under the provisions of an accompanying 
special rule.

DATES: Comments from all interested parties must be received by June 
30, 1997.

ADDRESSES: Comments and materials concerning this proposal in 
northwestern Colorado or Wyoming should be sent to Mr. LeRoy Carlson, 
U.S. Fish and Wildlife Service, Ecological Services Office, 730 Simms 
Street, Room 290, Golden, Colorado, 80401. Comments and materials 
concerning this proposal in northeastern Utah should be sent to Mr. 
Robert Williams, U.S. Fish and Wildlife Service, Utah Field Office, 145 
East 1300 South, Suite 404, Salt Lake City, Utah, 84115. All comments 
and materials received will be available for public inspection, by 
appointment, during normal business hours at each of the above 
addresses, as well as at the Service's Ecological Service's office at 
764 Horizon Drive, South Annex A, Grand Junction, Colorado, 81506-3946.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Leachman at the Grand 
Junction address above, telephone: 970/243-2778; or Ms. Marilet A. 
Zablan at the Salt Lake City address above, telephone: 801/524-5001.

SUPPLEMENTARY INFORMATION:

Background

1. Legislative

    The Endangered Species Act of 1973, as amended (Act) was changed 
significantly when subsection 10(j) was added to allow for the 
designation of specific populations of listed species as ``experimental 
populations.'' Previously, 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, local citizens often opposed 
these reintroductions because they were concerned about restrictions 
and prohibitions being placed on Federal and private activities. Under 
section 10(j), the Service can designate reintroduced populations 
established outside the species' current range but within its 
historical range as ``experimental.'' This designation allows the 
Service flexibility in managing reintroduced populations of endangered 
species. Experimental populations are treated as threatened species 
under the Act, affording the Service greater discretion in devising 
management programs and special regulations for listed species. Section 
4(d) of the Act allows the Service to adopt whatever regulations are 
necessary to provide for the conservation of a threatened species. 
These regulations are usually less restrictive than those for 
endangered species and are more compatible with routine human 
activities in the reintroduction area.
    The Service can designate experimental populations to be either 
essential or nonessential and based on the best available information, 
determine whether such populations are essential to the continued 
existence of the species. Nonessential experimental populations located 
outside of the National Wildlife Refuge System or National Park System 
are treated, under section 7 of the Act, as if they were species 
proposed for listing. Thus, only two provisions of section 7 apply to 
experimental populations found outside the above two systems: 1) 
section 7(a)(1)--which requires all Federal agencies to use their 
authority to conserve listed species; and 2) section 7(a)(4)--which 
requires Federal agencies to confer with the Service on actions that 
are likely to jeopardize the continued existence of a proposed species 
throughout its range. 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), specimens used to establish 
an experimental population may be removed from a donor population, 
provided their removal is not likely to jeopardize the continued 
existence of the species and that appropriate permits have been issued 
in accordance with 50 CFR 17.22.

2. Biological

    The black-footed ferret has a black facemask, black legs, and a 
black-tipped tail; is nearly 60 centimeters (2 feet) in length and 
weighs up to 1.1 kilograms (2.5 pounds). It is the only ferret species 
native to North America. The historical range of the species, based on 
specimen collections, 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. Prehistoric evidence indicates that ferrets once occurred 
from the Yukon Territory in Canada to New Mexico and Texas (Anderson et 
al. 1986).
    Black-footed ferrets depend almost exclusively on prairie dog 
colonies for food, shelter, and denning (Henderson et al. 1969, Forrest 
et al. 1985). The range of the ferret coincides with that of prairie 
dogs (Anderson et al. 1986), and ferrets with young have never been 
sighted outside of prairie dog colonies. Black-footed ferrets have been 
reported from black-tailed prairie dog (Cynomys ludovicianus), white-
tailed prairie dog (Cynomys leucurus), and Gunnison's prairie dog 
(Cynomys gunnisoni) towns (Anderson et al. 1986).
    In the last century, widespread poisoning of prairie dogs, the 
conversion of native prairie to farmlands, and sylvatic plague have 
drastically reduced prairie dog numbers;

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particularly in the southern portions of their range. This severe 
reduction in prairie dog numbers could have caused the near extinction 
of the black-footed ferret, although other factors such as secondary 
poisoning from prairie dog toxicants and canine distemper could also 
have caused this decline.
    In 1964, a population of ferrets was discovered in South Dakota, 
but disappeared from the wild in 1974. The species was then thought to 
be extinct until in 1981 when a small population was discovered near 
Meeteetse, Wyoming. In 1985-1986, the Meeteetse population was 
drastically reduced in numbers due to an outbreak of canine distemper. 
In 1986-87, 18 animals were taken into captivity to serve as founders 
for a captive propagation program. Today, the captive population exists 
of approximately 400 animals held at 7 separate facilities.

3. Recovery Efforts

    The recovery plan for the black-footed ferret (U.S. Fish and 
Wildlife Service 1988) establishes a national recovery objective to 
ensure the 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 then be downlisted to threatened status, assuming that the 
extinction rate of established populations remains at or below the rate 
at which new populations are established. Cooperative efforts to rear 
black-footed ferrets in captivity have been successful and in 8 years, 
the captive population has increased from 18 to over 400 animals. In 
1988, the single captive population was divided into three 
subpopulations to avoid the possibility of a catastrophic event 
eliminating the entire captive population. Presently, there are 7 
separate subpopulations in captivity. Recovery efforts are now focusing 
on the reintroduction of animals back into the wild since a captive 
population of 240 breeding adults has been achieved.

4. Reintroduction Sites

    The Service, in cooperation with 11 western State wildlife 
agencies, identified potential ferret reintroduction sites within the 
historical range of the species. The Service selects these 
reintroduction sites in coordination with the Black Footed Ferret 
Interstate Coordinating Committee. The Northwestern Colorado/
Northeastern Utah Black-footed Ferret Experimental Population Area 
(ExPA), the site selected for the fifth release of ferrets, is located 
in portions of Rio Blanco and Moffat counties, Colorado; Sweetwater 
County, Wyoming; and Uintah and Duchesne counties, Utah.
    In Colorado, the ExPA occupies all of Moffat and Rio Blanco 
counties west of Colorado State Highway 13, west to the Utah State 
line, and north to the Wyoming State line. In Wyoming, the ExPA runs 
between Range 96 and 97 West (eastern edge), Range 102 and 103 West 
(western edge), and Township 14 and 15 North (northern edge). In Utah, 
the ExPA occupies all of Uintah and Duchesne counties in northeastern 
Utah. The eastern border of Uintah County adjoins the western borders 
of Moffat and Rio Blanco counties in Colorado. Coyote Basin, located on 
the Utah/Colorado border is a relatively flat valley surrounded by low 
hills and ridges. It is bordered on the south by the White River and 
the west by Kennedy Wash. The Coyote Basin Primary Management Zone 
(Coyote Basin) is bounded by the Utah-Colorado State line on the east, 
by the east-west line separating Townships 7 and 8 South on the north, 
by the north-south line separating Ranges 23 and 24 East on the west, 
and by the east-west Section line 1.6 kilometers (1 mile) south of 
Township 8 South on the south.
    The ExPA is made up of a complex of white-tailed prairie dog 
colonies that extend from southwestern Wyoming, south to Elk Springs, 
Colorado, and west to Vernal, Utah. The dispersal of ferrets outside 
the proposed experimental area is highly unlikely due to its large size 
(3,218,907 hectares or 7,953,920 acres), the absence of suitable 
surrounding habitat (lack of prairie dog towns), and the presence of 
vegetative and topographical barriers. There are approximately 69,834 
hectares (172,560 acres) of white-tailed prairie dog colonies in the 
ExPA that could potentially support at least 139 families of ferrets.
    Contiguous prairie dog colonies and the lack of any physical 
barriers between the White River Resource Area in Colorado and Coyote 
Basin in Utah should provide for the movement of ferrets between the 
two areas. Ferrets released in Coyote Basin are likely to disperse to 
suitable contiguous habitats in Colorado. Due to the presence of 
physical barriers and less suitable prairie dog towns, the dispersal of 
ferrets from the Little Snake Management Area release site to other 
areas within the ExPA is less likely. Any ferret found within the 
boundaries of the ExPA will be treated as experimental and 
nonessential.
a. Northwestern Colorado Experimental Population Sub-Area
    In 1987, the Colorado Prairie Dog Management Group and the Black-
footed Ferret Recovery Working Group selected northwestern Colorado as 
a potential release site because of: (1) the historical presence of 
ferrets in the area, (2) the abundance of prairie dogs, (3) the 
extensive amount of lands under management by the Bureau of Land 
Management (Bureau), and (4) the area's relative isolation from human 
activities.
    The Northwestern Colorado Experimental Population Sub-Area includes 
lands in northwestern Colorado and southwestern Wyoming and this sub-
area was historically occupied by black-footed ferrets. Recently, 
numerous surveys have been conducted in this area without locating 
ferrets. The Wyoming Black-footed Ferret Advisory Team endorses the 
experimental population area as defined in this rule (Bob Luce, Wyoming 
Game and Fish Department, in litt. 1993). The Colorado sub-area is 
about 12,186 kilometers (4,705 square miles) in size, and consists of 
approximately 49.5 percent Bureau lands, 38 percent private lands, 6 
percent State school lands, 5 percent National Park Service lands, 1 
percent Colorado Division of Wildlife lands, and 0.5 percent National 
Wildlife Refuge lands. Prairie dog towns cover approximately 65,620 
hectares (162,146 acres) of this sub-area and they occur primarily on 
Bureau lands that are administered by the Little Snake Resource Area 
(Little Snake), the White River Resource Area (White River), and the 
Green River Resource Area (Green River).
b. Northeastern Utah Experimental Population Sub-Area
    The Northeastern Utah Experimental Population Sub-Area, containing 
2,001,101 hectares (4,942,720 acres) of habitat, includes all of Uintah 
and Duchesne counties in Utah. This sub-area lies within the historic 
range of the species. The Utah Black-footed Ferret Working Group 
selected Coyote Basin as the preferred reintroduction site because of 
its prairie dog numbers and their distribution. The Bureau and the Utah 
School and Institutional Trust Lands Administration (Utah Trust) manage 
most of the lands in Coyote Basin.
    Black-footed ferrets will be released in the management areas only 
if certain

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biological conditions are suitable, and meet the management framework 
that has been developed with the Colorado Division of Wildlife, the 
Utah Division of Wildlife Resources, the Service, and private 
landowners. The Service will reevaluate this reintroduction effort 
should any of the following conditions occur:
    (a) Failure to maintain sufficient habitat to support at least 30 
breeding adults after five years.
    (b) Failure to maintain at least 90 percent of prairie dog habitat 
that was available in 1993.
    (c) A wild ferret population is found within the ExPA following the 
initial reintroduction and prior to the first breeding season.
    (d) An active case of canine distemper or any other contagious 
disease is discovered in any animal on or near the reintroduction area 
six months prior to the scheduled release.
    (e) Less than 20 captive black-footed ferrets are available for the 
first release.
    (f) Funding is not available to implement the reintroduction phase 
of the project in northwestern Colorado/northeastern Utah.
    (g) Land ownership changes or cooperators withdraw from the 
project.

5. Reintroduction Protocol

    The reintroduction protocol calls for the release of 20 or more 
captive ferrets in the first year of the program, and up to 50 or more 
animals annually for the following 2 to 4 years. Released animals must 
be excess to the needs for the continuation of the captive breeding 
program and any loss of animals will not affect the overall genetic 
diversity of the captive population. Since captive breeding of ferrets 
will continue, any animal lost in the reintroduction effort can be 
replaced. In future releases, it may be necessary to obtain ferrets 
from established reintroduced populations in order to enhance the 
genetic diversity of future released animals.
    Two methods (hard and soft release) have been successfully employed 
for releasing captive ferrets into the wild. A hard release is when 
animals which are not conditioned are released into the wild a short 
time after arrival. A soft release is when the animals are supplied 
food, shelter, and protection from predators for an extended period of 
time before their release. In both methods, ferrets are released from 
cages above ground with access to underground nest boxes. Captive-bred 
ferrets are preconditioned by placing them in large pens that enclose a 
portion of a prairie-dog colony. It may also be necessary to surround 
each above-ground cage with an electric fence to prevent damage from 
livestock or access by predators. The Service, along with its 
cooperators (collectively referred to as the Service), will decide 
which reintroduction method is best suited for the release. The Service 
is currently developing a specific release protocol that will become a 
condition of the endangered species permit authorizing the northwestern 
Colorado/northeastern Utah release. To enhance reintroduction success, 
pregnant females will be allowed to whelp on site and after 
acclimation, the family groups will then be released into the wild.
    Released animals will be vaccinated against certain diseases 
(including canine distemper) and measures will be taken to reduce 
predation from coyotes, badgers, and raptors. All released ferrets will 
be marked (with passive integrated transponder tags (PIT tags)) and 
several animals will be radio-collared to monitor their behavior and 
movements. Other monitoring will include spotlight surveys, snow 
tracking surveys, and visual surveillance.
    Since captive-born ferrets are more susceptible to predation, 
starvation, and environmental conditions than wild animals, up to 90 
percent of the animals could die during the first year of release. 
Mortality is usually the highest during the first month of release. In 
the first year of the program, a realistic goal is to have at least 10 
percent of the animals survive the first winter.
    The goal of the Colorado/Utah reintroduction is to establish a 
free-ranging population of at least 30 adults within the ExPA after 
five years of release. At the release site, the Service will monitor 
population demographics and all sources of mortality on an annual basis 
(for up to five years). The Service does not expect to change the 
nonessential designation for this experimental population unless it 
deems this reintroduction a failure or the black-footed ferret is fully 
recovered in the wild.

6. Status of Reintroduced Population

    This reintroduction is determined to be nonessential to the 
continued existence of the species for the following reasons:
    (a) The captive population (founder population of the species) has 
been protected against the threat of extinction from a single 
catastrophic event by dividing it into seven separate subpopulations. 
Hence, any loss of an experimental population in the wild will not 
threaten the survival of the species as a whole.
    (b) The primary repository of genetic diversity for the species are 
the 240 adults in the captive breeding population. Animals selected for 
reintroduction purposes are not needed to maintain the captive 
population. Hence, any loss of animals in reintroduction will not 
affect the overall genetic diversity of the species.
    (c) Any animals lost during this reintroduction attempt will be 
replaced through captive breeding. Juvenile ferrets are being produced 
in excess of the numbers needed to maintain the breeding population in 
captivity.
    This will be the fifth release of ferrets back into the wild. The 
other reintroductions were in Wyoming, southwestern South Dakota, 
north-central Montana, and Arizona. These reintroductions are necessary 
for the recovery of the species so it can eventually be downlisted. The 
nonessential experimental population designation alleviates landowner 
concerns about possible land use restrictions that would otherwise 
apply under the provisions of the Act. This nonessential designation 
provides a more flexible management framework for protecting and 
recovering black-footed ferrets while ensuring that the daily 
activities of landowners can continue.

7. Location of Reintroduced Population

    Section 10(j) of the Act requires that an experimental population 
be geographically separate from other wild populations of the same 
species. Since 1991, extensive surveys have been conducted for black-
footed ferrets at the proposed relocation sites. No ferrets or their 
sign (skulls, feces, trenches) were located. Therefore, the Service has 
concluded that wild ferrets are no longer present in the ExPA, and that 
this reintroduction will not overlap with any wild population.
    Before the first breeding season, the nonessential experimental 
population will include all marked ferrets in the ExPA. After the first 
breeding season, the nonessential experimental population will include 
all ferrets located in the ExPA, including any unmarked offspring. All 
released ferrets and their offspring should remain in the ExPA because 
of prime prairie dog colonies and the surrounding geographic barriers. 
The Service will capture any ferret that leaves the ExPA and will 
either return it to the release site, translocate it to another site, 
place it in captivity, or leave it. If a ferret leaves the 
reintroduction area (but remains within the ExPA) and takes up 
residence on private property, the landowner can request its removal. 
If the landowner has no objection to its presence on his/her property, 
the animal will not be removed.

[[Page 23205]]

    All released ferrets will be marked and the Service will attempt to 
determine the source of any unmarked animals found at the release site. 
Any ferret found outside the ExPA will be considered endangered, and 
may be captured for genetic testing. If the animal is genetically 
unrelated to members of the experimental population (possibly a wild 
animal), it will be retained for use in the captive breeding program. 
Under existing contingency plans, up to nine such ferrets can be 
captured for the captive population. If a landowner outside the 
experimental population area wishes black footed ferrets to remain on 
his/her property, the Service will develop a conservation agreement in 
cooperation with the landowner.

8. Management

    This reintroduction will be undertaken in cooperation with the 
Bureau, the Colorado Division of Wildlife, and the Utah Division of 
Wildlife Resources and in accordance with the Cooperative Management 
Plan for Black-footed Ferrets-Little Snake Management Area and the 
Cooperative Plan for the Reintroduction and Management of Black-footed 
Ferrets in Coyote Basin, Uintah County, Utah. Copies of the respective 
plans can be obtained from the District Manager, Bureau of Land 
Management, 455 Emerson Street, Craig, Colorado, 81625, and the 
Regional Manager, Utah Division of Wildlife Resources, Northern Region, 
152 East 100 North, Vernal, Utah 84078.
    Additional considerations pertinent to the reintroduction are 
discussed below:
a. Monitoring
    Several monitoring efforts are planned during the first 5 years of 
the program. The Service will monitor prairie dog distribution and 
numbers, and the occurrence of sylvatic plague annually. Testing for 
canine distemper will be conducted on an annual basis starting prior to 
the release. Reintroduced ferrets and their offspring will be surveyed 
annually by use of spotlight surveys, snowtracking, and other visual 
surveys. Several ferrets will be radio-collared for more intensive 
tracking. Surveys will be conducted to monitor breeding success and 
juvenile survival rates.
    Through public outreach programs, the Service will inform the 
public and other State and Federal agencies about the presence of 
ferrets in the ExPA and the handling of any sick or injured animals. 
The Service has requested that the Colorado Division of Wildlife and 
the Utah Division of Wildlife Resources serve as the primary contacts 
for governmental agencies and private landowners whose jurisdictions 
are within the reintroduction area. These agencies will also serve as 
the primary contacts to report any injured or dead ferrets. All reports 
of any injured or dead animals should be referred to the appropriate 
Service Field Supervisor in each respective State (see ADDRESSES 
section). The Field Supervisor will also notify the Service's Division 
of Law Enforcement concerning any dead or injured ferret. Any ferret 
carcass found should not be disturbed so the cause of death may be 
determined.
b. Disease Considerations
    Should canine distemper be reported in any mammal on or near the 
reintroduction site, the Service will reevaluate the reintroduction 
program. At least 10 coyotes (and possibly a few badgers) from the 
release site will be tested for canine distemper before ferrets are 
released. The Service will attempt to limit the spread of distemper by 
discouraging people from bringing unvaccinated pets into the ExPA. 
People will be requested to report any dead mammal or any unusual 
behavior observed in animals 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 take place before and during the reintroduction efforts.
c. Genetic Considerations
    Ferrets selected for the reintroduction are excess to the needs of 
the captive population. Experimental populations of ferrets are usually 
less genetically diverse than the overall captive populations. 
Selecting and reestablishing breeding ferrets that compensate for any 
genetic biases in earlier releases can correct this disparity. The 
ultimate goal is to establish wild ferret populations with the maximum 
genetic diversity as it is possible to attain with the founder 
individuals.
d. Prairie Dog Management
    The Service will work with landowners and Federal and State 
agencies in the ExPA to resolve any management conflicts in order to: 
(1) maintain sufficient prairie dog colonies to support up to 30 adult 
black-footed ferrets and (2) to maintain at least 90 percent of the 
prairie dog habitat that was available in 1993.
e. Mortality
    Only animals which are not needed for the captive breeding program 
will be used for this reintroduction. Predator control, prairie dog 
management, vaccination, supplemental feeding, and/or improved release 
methods should partially offset any natural mortality. Public education 
will help reduce potential sources of human-related mortality.
    The Act defines ``incidental take'' as take that is incidental to, 
and not the purpose of, the carrying out of an otherwise lawful 
activity. A person may take a ferret within the ExPA provided that any 
resulting injury or mortality to a ferret is unintentional, and was not 
due to negligence or malicious conduct. Such conduct will not be 
considered ``knowingly taking'' and the Service will not pursue any 
legal recourse. However, knowingly taking a ferret will be referred to 
the appropriate authorities for prosecution. The Service requests that 
any take, whether incidental or not, of a black-footed ferret be 
reported immediately to the Service's Field Supervisor (see ADDRESSES 
section). The Service expects a low level of incidental take since the 
reintroduction is compatible with traditional land use practices in the 
area.
    It is anticipated that annual incidental take will be about 12 
percent of all reintroduced ferrets and their offspring. If this level 
is exceeded in any given year, the Service will develop and implement 
measures to reduce the level of incidental take.
f. Special Handling
    Under special regulations that apply to experimental populations, 
Service employees and agents acting on their behalf may handle black-
footed ferrets for scientific purposes, relocation efforts to avoid 
conflict with human activities, recovery efforts, relocation to other 
reintroductions sites, and in aiding sick, injured, and orphaned 
animals, or salvaging dead animals. Any ferret not fit to remain in the 
wild will be placed in captivity. The Service will also determine 
disposition of all sick, injured, orphaned, and dead animals.
g. Coordination With Landowners and Land Managers
    The Service and its cooperators tried to identify all major issues 
associated with this reintroduction before the development of the 
proposed rule. This proposed reintroduction was discussed with State 
agencies and landowners within the release site. They indicated their 
support for the project as long as--(1) the animals released in the 
ExPA are designated as a nonessential experimental population, and (2) 
that land use activities in the ExPA are not restrained without the 
knowledge and consent of the landowners.

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h. Potential for Conflict With Oil, Gas and Mineral Development 
Activities
    Development of minerals, oil and gas in the Little Snake Resource 
Area, could reduce available ferret habitat by approximately 3 percent 
(890 hectares, or 2,200 acres), if oversight is not provided. Within 
Coyote Basin in Utah, mineral extraction is the primary land use. 
However, the development of existing oil, gas, and mineral resources 
will not jeopardize the establishment of ferrets in the release area. 
The Service will work with exploration companies to avoid any adverse 
impacts to ferrets and their habitat, should any new oil or gas fields 
be developed in the Coyote Basin. The Service encourages land 
management agencies and landowners within the management area to adopt 
the Coyote Basin Management Plan mineral extraction guidelines. 
Additionally, the Service is currently developing new oil and gas 
guidelines for any future leases that will be issued in existing 
prairie dog ecosystems now being managed for black-footed ferret 
recovery.
i. Potential for Conflict With Grazing and Recreational Activities
    The Service does not expect conflicts between livestock grazing and 
ferret management. As a result of this reintroduction, no additional 
restrictions will be placed on grazing or prairie dog control on 
private lands within the ExPA . If proposed prairie dog control on 
private or State trust lands locally affect ferret prey base within a 
specific area, State and Federal biologists will determine whether 
ferrets could be impacted. Big game hunting, prairie dog shooting, and 
trapping of furbearers or predators on the ExPA are not expected to 
adversely affect ferrets. If private activities impede the 
establishment of ferrets, the Service will work closely with landowners 
to develop appropriate procedures to minimize the conflicts.
j. Protection of Black-footed Ferrets
    Ferrets will be released in a manner that provides short-term 
protection from natural (predators, disease, lack of prey base) and 
human related sources of mortality. Improved release methods, 
vaccination, predator control, and the management of prairie dog 
populations should help reduce natural mortality. Human sources of 
mortality will be minimized by releasing ferrets in areas with little 
human activity and development. The Service will work with landowners 
to help avoid certain activities that could impair ferret recovery.
k. Public Awareness and Cooperation
    Educational efforts will be undertaken to inform the general public 
of the importance of this reintroduction project in the overall 
recovery of the black-footed ferret. This program should increase 
public awareness of the significance of the ExPA program and the 
habitats upon which ferrets depend.
l. Overall
    The designation of the northwestern Colorado/northeastern Utah 
population as a nonessential experimental population should encourage 
local cooperation since it allows greater flexibility in conducting 
normal activities within the release site. This designation is 
necessary in order to receive full cooperation from landowners, 
Federal, State and local governmental agencies, and recreational 
interests within the release site. 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 ExPA will further the conservation and recovery 
of the species.

Public Comments Solicited

    The Service intends that any action resulting from this proposed 
rulemaking to establish a northwestern Colorado/northeastern Utah 
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 
Federal, State, and local governmental agencies, the scientific 
community, industry, and any other interested party. 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, if requested, 
within 45 days from the date of publication of the proposal. Such 
requests for a hearing must be made in writing and addressed to the 
appropriate Field Supervisor for each State (see ADDRESSES section).

National Environmental Policy Act

    The Service has prepared a draft environmental assessment as 
defined under the authority of the National Environmental Policy Act of 
1969. It is available from the Service Offices identified in the 
ADDRESSES section.

Required Determinations

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements.
    Reintroduction of ferrets as proposed in this rulemaking would not 
have any significant effect on recreational activities in the 
experimental area. No closures of roads, trails or other recreational 
areas are expected, and only voluntary reductions in prairie dog 
shooting activities are expected. Because present regulations require 
that oil, gas and other mineral operations within the effected area 
comply with restrictions associated with wildlife, special status plant 
species, and livestock lambing grounds, ferret reintroduction is not 
expected to cause any significant change in these activities. Current 
mining projects would proceed as planned and any conflicts with future 
projects would be worked out in the early planning stages. No changes 
in current BLM grazing allotments are expected as a result of ferret 
reintroduction, and only temporary grazing restrictions within one 
quarter mile of release cages or other equipment are expected. Because 
only voluntary participation in ferret reintroduction by private 
landowners is proposed, this rulemaking is not expected to have any 
significant impact on private activities in the affected area. Due to 
the minimal effects anticipated, this rulemaking is not subject to 
review by the Office of Management and Budget under Executive Order 
12866. Similarly, review under the Regulatory Flexibility Act of 1980 
(5 U.S.C. 601 et seq.) has revealed that this rulemaking would not have 
a significant effect on a substantial number of small entities, which 
include businesses, organizations, or governmental jurisdictions, 
because no substantial changes in economic activity are expected. 
Because this rulemaking does not require that any action be taken by 
local or state governments or private entities, the Service has 
determined and certifies pursuant to the Unfunded Mandates Act, 2 
U.S.C. 1502 et seq., that this rulemaking will not impose a cost of 
$100 million or more in any given year on local or state governments or 
private entities.

[[Page 23207]]

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.
Forrest, S.C., T.W. Clark, L. Richardson, and T.M. Campbell III. 
1985. Black-footed ferret habitat: some management and 
reintroduction considerations. Wyoming Bureau of Land Management, 
Wildlife Technical Bulletin, No. 2. 49 pages.
Henderson, F.R., P.F. Springer, and R. Adrian. 1969. The black-
footed ferret in South Dakota. South Dakota Department of Game, Fish 
and Parks, Technical Bulletin 4:1-36.
U.S. Fish and Wildlife Service. 1988. Black-footed ferret recovery 
plan. U.S. Fish and Wildlife Service, Denver, Colorado. 154 pages.

Authors

    The primary authors of this rule are Robert Leachman (see FOR 
FURTHER INFORMATION CONTACT section) and Marilet A. Zablan (see 
ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Proposed Regulation 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. Section 17.11(h) is amended by revising the existing entry for 
the ``Ferret, black-footed'' under Mammals to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Species                                              Vertebrate                                                                    
--------------------------------------------------                     population where                                        Critical                 
                                                     Historic range     endangered or       Status         When listed         habitat     Special rules
          Common name            Scientific name                          threatened                                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
            Mammals                                                                                                                                     
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Ferret, black-footed..........  Mustela nigripes.  Western U.S.A.,    Entire, except     E            1, 3, 343,______.....           NA  NA            
                                                    Western Canada.    where listed as                                                                  
                                                                       an experimental                                                                  
                                                                       population.                                                                      
    Do........................  ......do.........  ......do.........  U.S.A. [specific   XN           433,______                      NA  17.84(g)      
                                                                       portions of WY,                                                                  
                                                                       SD, MT, AZ, CO,                                                                  
                                                                       and UT, see                                                                      
                                                                       17.84(g)(9)].                                                                    
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 population identified in paragraph 
(g)(9)(i), (g)(9)(ii), and (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 area, 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 Little Snake 
Black-footed Ferret Management Area/Coyote Basin Primary Management 
Zone 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 area 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 Supervisor, who will determine the disposition of any 
live or dead specimens.

[[Page 23208]]

    (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 Field Supervisor, Ecological Services, Fish and 
Wildlife Service, Phoenix, Arizona (telephone: 602/640-2720).
    (v) Such taking in the northwestern Colorado/northeastern Utah 
experimental population area must be reported to the appropriate Field 
Supervisor, Ecological Services, U.S. Fish and Wildlife Service, 
Golden, Colorado (telephone: 303/231-5280), or Salt Lake City, Utah 
(telephone: 801/524-5001).
    (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 for 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 ferret 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.
    (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 comprise the 
nonessential experimental population thereafter. 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 take the following action 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 is shown on the 
attached map for Arizona and 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, Mohave, 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 Supai Road (State Route 18), 
southwest along the Supai Road to township 26 North, then west to Range 
11 west, then south to the Hualapai Indian Reservation boundary, then 
east and northeast along the Hualapai Indian Reservation boundary to 
U.S. Highway Route 66; then southeast along Route 66 for approximately 
6 km (2.3 miles) to a point intercepting the east boundary of Section 
27, Township 25 North, Range 9 West; then south along a line to where 
the Atchison-Topeka Railroad enters Yampa Divide Canyon; then southeast 
along the Atchison-Topeka Railroad alignment to the intersection of the 
Range 9 West/Range 8 West boundary; then south to the SE corner of 
Section 12, Township 24 North, Range 9 West; then southeast to SE 
corner Section 20, Township 24 West, Range 8 West; then south to the SE 
corner Section 29, Township 24 North, Range 8 West; then southeast to 
the half section point on the east boundary line of Section 33, 
Township 24 North, Range 8 West; then northeast to the SE corner of 
Section 27, Township 24 North, Range 8 West; then southeast to the SE 
corner Section 35, Township 24 North, Range 8 West; then

[[Page 23209]]

southeast to the half section point on the east boundary line of 
Section 12, Township 23 North, Range 8 West; then southeast to the SE 
corner of Section 8, Township 23 North, Range 7 West; then southeast to 
the SE corner of Section 16, Township 23 North, Range 7 West; then east 
to the half section point of the north boundary line of Section 14, 
Township 23 North, Range 7 West; then south to the half section point 
on the north boundary line of Section 26, Township 23 North, Range 7 
West; then east along section line to route 66; then southeast along 
route 66 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 determined to have originated from the 
experimental population, either genetically or through tagging devices, 
it may be returned to the reintroduction area or to a captive facility. 
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.
    (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.
    (v) The Little Snake Black-footed Ferret Management Area in 
Colorado and the Coyote Basin Black-footed Ferret Primary Management 
Zone in Utah will be considered the initial recovery sites for this 
species within the Northwestern Colorado/Northeastern Utah Experimental 
Population Area (see Colorado/Utah map). The boundaries of the 
nonessential Experimental Population Area will be all of Moffat and Rio 
Blanco counties in Colorado west of Colorado State Highway 13; all of 
Uintah and Duchesne counties in Utah; and in Sweetwater County, 
Wyoming, the line between Range 96 and 97 West (eastern edge), Range 
102 and 103 West (western edge), and Township 14 and 15 North (northern 
edge). All marked ferrets found in the wild within these boundaries 
prior to the first breeding season following the first year of release 
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 of ferrets into the reintroduction area will comprise the 
nonessential experimental population thereafter. A black-footed ferret 
occurring outside the Experimental Population Area 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 would 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 used 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 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 its 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 the experimental population will be reevaluated 
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 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.
* * * * *

BILLING CODE 4310-55-P

[[Page 23210]]

Sec. 17.84  [Amended]

    4. It is proposed to amend section 17.84 by adding a map to follow 
the existing maps at the end of this paragraph (g).
[GRAPHIC] [TIFF OMITTED] TP29AP97.000



[[Page 23211]]


    Dated: March 23, 1997.
Don Barry,
Deputy Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 97-10978 Filed 4-28-97; 8:45 am]
BILLING CODE 4310-55-C