80_FR_67031 80 FR 66821 - Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population of Black-footed Ferrets in Wyoming

80 FR 66821 - Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population of Black-footed Ferrets in Wyoming

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 80, Issue 210 (October 30, 2015)

Page Range66821-66838
FR Document2015-27639

We, the U.S. Fish and Wildlife Service (Service), in coordination with the State of Wyoming and other partners, will reestablish additional populations of the black-footed ferret (Mustela nigripes), a federally listed endangered mammal, into prairie dog (Cynomys spp.) occupied habitat in Wyoming and classify any reestablished population as a nonessential experimental population (NEP) under section 10(j) of the Endangered Species Act of 1973, as amended (Act). This final rule establishes the NEP area and provides for allowable legal incidental taking of the black-footed ferret within the defined NEP area. The best available data indicate the reintroduction of black-footed ferrets to Wyoming is biologically feasible and will promote conservation and recovery of the species. This NEP area and two previously designated NEPs in Wyoming collectively cover the entire State of Wyoming and provide consistent management flexibility Statewide. We are also amending the historical range column for the species within the List of Endangered and Threatened Wildlife (List) to include Mexico; the historical range information in the List is informational, not regulatory.

Federal Register, Volume 80 Issue 210 (Friday, October 30, 2015)
[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Rules and Regulations]
[Pages 66821-66838]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27639]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R6-ES-2015-0013; FXES11130900000C6-145-FF09E42000]
RIN 1018-BA42


Endangered and Threatened Wildlife and Plants; Establishment of a 
Nonessential Experimental Population of Black-footed Ferrets in Wyoming

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in 
coordination with the State of Wyoming and other partners, will 
reestablish additional populations of the black-footed ferret (Mustela 
nigripes), a federally listed endangered mammal, into prairie dog 
(Cynomys spp.) occupied habitat in Wyoming and classify any 
reestablished population as a nonessential experimental population 
(NEP) under section 10(j) of the Endangered Species Act of 1973, as 
amended (Act). This final rule establishes the NEP area and provides 
for allowable legal incidental taking of the black-footed ferret within 
the defined NEP area. The best available data indicate the 
reintroduction of black-footed ferrets to Wyoming is biologically 
feasible and will promote conservation and recovery of the species. 
This NEP area and two previously designated NEPs in Wyoming 
collectively cover the entire State of Wyoming and provide consistent 
management flexibility Statewide. We are also amending the historical 
range column for the species within the List of Endangered and 
Threatened Wildlife (List) to include Mexico; the historical range 
information in the List is informational, not regulatory.

DATES: This rule becomes effective November 30, 2015.

ADDRESSES: This final rule, along with the public comments, 
environmental assessment (EA), and finding of no significant impact 
(FONSI), is available on the Internet at http://www.regulations.gov, 
Docket No. FWS-R6-ES-2015-0013. Comments and materials received, as 
well as supporting documentation used in the preparation of this rule, 
will also be available for public inspection, by appointment, during 
normal business hours at: U.S. Fish and Wildlife Service, Wyoming 
Ecological Services Field Office, 5353 Yellowstone Road, Suite 308A, 
Cheyenne, WY 82009; telephone 307-772-2374. Persons who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Services (FIRS) at 800-877-8339.

FOR FURTHER INFORMATION CONTACT: Mark Sattelberg, Field Supervisor, 
Telephone: 307-772-2374. Direct all questions or requests for 
additional information to: BLACK-FOOTED FERRET QUESTIONS, U.S. Fish and 
Wildlife Service, Wyoming Ecological Services Field Office, 5353 
Yellowstone Road, Suite 308A, Cheyenne, WY 82009. Individuals who are 
hearing-impaired or speech-impaired may call the Federal Relay Service 
at 1-800-877-8337 for TTY assistance.

SUPPLEMENTARY INFORMATION: 

Executive Summary

Purpose of the Regulatory Action

    This is a final rule to designate the black-footed ferret (Mustela 
nigripes) nonessential experimental population (NEP) area in the State 
of Wyoming in accordance with section 10(j) of the Endangered Species 
Act (Act). This designation increases the Service's flexibility and 
discretion in managing reintroduced endangered species and allows 
promulgation of regulations deemed appropriate for conservation of the 
reintroduced species. We have determined that the issuance of this rule 
will advance the recovery of the endangered black-footed ferret. 
Specifically, this rulemaking will facilitate the establishment of 
free-ranging populations of ferrets within the species' historical 
range in Wyoming, thereby contributing to the numerical and 
distributional population targets laid out in the recovery plan's 
delisting and downlisting (reclassifying from endangered to threatened) 
criteria (U.S. Fish and Wildlife Service 2013a, p. 6)

Summary of the Major Provisions of the Regulatory Action In Question

    Under section 10(j) of the Act and our regulations at 50 CFR 17.81, 
the Service may establish an NEP, outside of the current range of the 
species, but within its historical range, for the purposes of 
reintroducing the species into formerly occupied habitat. Under this 
10(j) rule, the Service is classifying any reestablished black-footed 
ferret population in the State of Wyoming as an NEP. The Service has 
determined that this NEP designation meets the requirements of the Act; 
the population is wholly geographically separate from other 
populations, and the experimental population is not essential to the

[[Page 66822]]

continued existence of the black-footed ferret in the wild.
    This NEP designation will apply to all ferrets reintroduced to 
Wyoming, with the exception of animals found on lands managed by the 
National Park Service or U.S. Fish and Wildlife Service. Under a 
section 10(j) designation as an NEP, both the take prohibitions and 
consultation requirements of the Act are relaxed, easing regulatory 
burden associated with endangered species and facilitating acceptance 
by local landowners and managers.
    Once this rule takes effect, the Service, the Wyoming Game and Fish 
Department (WGFD), and other partners propose to reintroduce the black-
footed ferret at one or more additional sites within the species' 
historical range in Wyoming. The WGFD will serve as the lead agency in 
the reintroduction and subsequent management of black-footed ferret in 
Wyoming; however, WGFD will continue to coordinate closely with the 
Service on these restoration efforts.

Costs and Benefits

    Costs and benefits of a Statewide NEP designation in Wyoming will 
depend upon the number and type of reintroduction efforts initiated. 
The Black-footed Ferret Recovery Plan estimates that 35,000 acres (ac) 
(14,000 hectares (ha)) of purposefully managed prairie dog occupied 
habitat will be needed to meet Wyoming's portion of the rangewide 
habitat goal for downlisting, and 70,000 ac (28,000 ha) to meet their 
portion of the rangewide habitat goal for delisting (USFWS 2013a, Table 
8). This equates to purposeful management of approximately 2 percent of 
prairie dog occupied habitat in Wyoming to meet their portion of the 
rangewide habitat goal for delisting. We completed an environmental 
assessment for this action, which analyzes potential impacts of 
reestablishing black-footed ferrets in Wyoming under section 10(j) of 
the Act. Participation in this recovery effort is entirely voluntary 
and would not occasion any substantive change in land use by 
participants; consequently, we anticipate that the benefits of 
reintroduction will off-set the costs incurred for any recovery 
partners who choose to participate.

Background

Statutory and Regulatory Framework

    The black-footed ferret was listed as endangered throughout its 
range on March 11, 1967 (32 FR 4001), and again on June 2, 1970 (35 FR 
8491), under early endangered species legislation and was 
``grandfathered'' under the Endangered Species Act of 1973, as amended 
(Act; 16 U.S.C. 1531 et seq.) without critical habitat. The Act 
provides that species listed as endangered are afforded protection 
primarily through the prohibitions of section 9 and the requirements of 
section 7. Section 9 of the Act, among other things, prohibits the take 
of endangered wildlife. ``Take'' is defined by the Act as harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt 
to engage in any such conduct. Section 7 of the Act outlines the 
procedures for Federal interagency cooperation to conserve federally 
listed species and protect designated critical habitat. It mandates 
that all Federal agencies use their existing authorities to further the 
purposes of the Act by carrying out programs for the conservation of 
listed species. It also states that Federal agencies must, in 
consultation with the Service, ensure that any action they authorize, 
fund, or carry out is not likely to jeopardize the continued existence 
of a listed species or result in the destruction or adverse 
modification of designated critical habitat. Section 7 of the Act does 
not affect activities undertaken on private land unless they are 
authorized, funded, or carried out by a Federal agency.
    The 1982 amendments to the Act (16 U.S.C. 1531 et seq.) included 
the addition of section 10(j), which allows for the designation of 
reintroduced populations of listed species as ``experimental 
populations.'' Under section 10(j) of the Act and our regulations at 50 
CFR 17.81, the Service may designate as an experimental population a 
population of endangered or threatened species that has been or will be 
released into suitable natural habitat outside the species' current 
natural range (but within its probable historical range, absent a 
finding by the Director of the Service in the extreme case that the 
primary habitat of the species has been unsuitable and irreversibly 
altered or destroyed). With the experimental population designation, 
the relevant population is treated as threatened for purposes of 
section 9 of the Act, regardless of the species' designation elsewhere 
in its range. Threatened designation allows us discretion in devising 
management programs and special regulations for such a population. 
Section 4(d) of the Act allows us to adopt whatever regulations are 
necessary and advisable to provide for the conservation of a threatened 
species. In these situations, the general regulations that extend most 
section 9 prohibitions to threatened species do not apply to that 
species, and the rule issued under section 10(j) of the Act (hereafter 
referred to as a 10(j) rule) contains the prohibitions and exemptions 
necessary and appropriate to conserve that species.
    Before authorizing the release as an experimental population of any 
population (including eggs, propagules, or individuals) of an 
endangered or threatened species, and before authorizing any necessary 
transportation to conduct the release, the Service must find, by 
regulation, that such release will further the conservation of the 
species. In making such a finding, the Service uses the best scientific 
and commercial data available to consider: (1) Any possible adverse 
effects on extant populations of a species as a result of removal of 
individuals, eggs, or propagules for introduction elsewhere; (2) the 
likelihood that any such experimental population will become 
established and survive in the foreseeable future; (3) the relative 
effects that establishment of an experimental population will have on 
the recovery of the species; and (4) the extent to which the introduced 
population may be affected by existing or anticipated Federal or State 
actions or private activities within or adjacent to the experimental 
population area.
    Furthermore, as set forth in 50 CFR 17.81(c), all regulations 
designating experimental populations under section 10(j) must provide: 
(1) Appropriate means to identify the experimental population, 
including, but not limited to, its actual or proposed location, actual 
or anticipated migration, number of specimens released or to be 
released, and other criteria appropriate to identify the experimental 
population(s); (2) a finding, based solely on the best scientific and 
commercial data available, and the supporting factual basis, on whether 
the experimental population is, or is not, essential to the continued 
existence of the species in the wild; (3) management restrictions, 
protective measures, or other special management concerns of that 
population, which may include but are not limited to, measures to 
isolate and/or contain the experimental population designated in the 
regulation from natural populations; and (4) a process for periodic 
review and evaluation of the success or failure of the release and the 
effect of the release on the conservation and recovery of the species.
    Under 50 CFR 17.81(d), the Service must consult with appropriate 
State fish and wildlife agencies, local governmental entities, affected 
Federal agencies, and affected private landowners in developing and

[[Page 66823]]

implementing experimental population rules. To the maximum extent 
practicable, section 10(j) rules represent an agreement between the 
Service, the affected State and Federal agencies, and persons holding 
any interest in land which may be affected by the establishment of an 
experimental population.
    Based on the best scientific and commercial data available, we must 
determine whether the experimental population is essential or 
nonessential to the continued existence of the species. The regulations 
(50 CFR 17.80(b)) state that an experimental population is considered 
essential if its loss would be likely to appreciably reduce the 
likelihood of survival of that species in the wild. All other 
populations are considered nonessential. We have determined that any 
future experimental populations of black-footed ferrets in Wyoming 
would not be essential to the continued existence of the species in the 
wild. This determination has been made because loss of an experimental 
population in Wyoming will not affect the captive population or the 24 
existing reintroduction sites in Arizona, Colorado, Kansas, Montana, 
New Mexico, South Dakota, Utah, and Wyoming; in Chihuahua, Mexico; and 
in Saskatchewan, Canada. Therefore, loss of an experimental population 
in Wyoming will not appreciably reduce the likelihood of future 
survival of the ferret rangewide.
    For the purposes of section 7 of the Act, we treat an NEP as a 
threatened species only when the NEP is located within a National 
Wildlife Refuge or unit of the National Park Service. In these areas, 
the Federal agency conservation requirements under section 7(a)(1) and 
the Federal agency consultation requirements of section 7(a)(2) of the 
Act apply. Section 7(a)(1) requires all Federal agencies to use their 
authorities to carry out programs for the conservation of listed 
species. Section 7(a)(2) requires that Federal agencies, in 
consultation with the Service, ensure that any action authorized, 
funded, or carried out is not likely to jeopardize the continued 
existence of a listed species or adversely modify its critical habitat.
    When NEPs are located outside a National Wildlife Refuge or 
National Park Service unit, then, for the purposes of section 7, we 
treat the population as proposed for listing and only section 7(a)(1) 
and section 7(a)(4) apply. In these instances, NEPs provide additional 
flexibility because Federal agencies are not required to consult with 
us under section 7(a)(2). Section 7(a)(4) requires Federal agencies to 
confer (rather than consult) with the Service on actions that are 
likely to jeopardize the continued existence of a species proposed to 
be listed. The results of a conference are in the form of conservation 
recommendations that are optional as the agencies carry out, fund, or 
authorize activities. Because the NEP is, by definition, not essential 
to the continued existence of the species, the effects of proposed 
actions affecting the NEP will generally not rise to the level of 
jeopardizing the continued existence of the species. As a result, a 
formal conference will likely never be required for black-footed 
ferrets established within the NEP area. Nonetheless, some agencies 
voluntarily confer with the Service on actions that may affect a 
proposed species. Activities that are not carried out, funded, or 
authorized by Federal agencies are not subject to provisions or 
requirements in section 7.
    On April 10, 2015, the Service published a proposed rule in the 
Federal Register to establish a nonessential experimental population of 
black-footed ferrets in Wyoming, and announced the availability of a 
draft environmental assessment (EA) in accordance with the National 
Environmental Policy Act of 1969, as amended (NEPA) (80 FR 19263). This 
EA analyzed the potential environmental impacts associated with the 
proposed reintroduction of ferrets in Wyoming. We contacted interested 
parties including Federal and State agencies, local governments, 
scientific organizations, interest groups, and private landowners 
through a press release and related fact sheets, and emails. In 
addition, we notified the public and invited comments through news 
releases to local media outlets. The public comment period for the 
proposed rule and the draft EA closed on June 9, 2015. Prior to the 
April 10, 2015, publication of the proposed rule, we also held a series 
of informational public meetings across the State in concert with 
Wyoming Game and Fish Department.
    Section 10(j)(2)(C)(ii) of the Act states that critical habitat 
shall not be designated for any experimental population that is 
determined to be nonessential. Accordingly, we cannot designate 
critical habitat in areas where we establish an NEP.

Biological Information

    The endangered black-footed ferret is the only ferret species 
native to the Americas (Anderson et al. 1986, p. 24). It is a medium-
sized mustelid, typically weighing 1.4 to 2.5 pounds (645 to 1,125 
grams) and measuring 19 to 24 inches (479 to 600 millimeters) in total 
length; upper body parts are yellowish buff, occasionally whitish, feet 
and tail tip are black, and a black ``mask'' occurs across the eyes 
(Hillman and Clark 1980, p. 30).
    The black-footed ferret depends almost exclusively on prairie dogs 
for food and on prairie dog burrows for shelter (Hillman 1968, p. 438; 
Biggins 2006, p. 3). Historical habitat of the ferret coincided with 
the ranges of the black-tailed prairie dog (Cynomys ludovicianus), 
white-tailed prairie dog (C. leucurus), and Gunnison's prairie dog (C. 
gunnisoni), which collectively occupied approximately 100 million ac 
(40 million ha) of intermountain and prairie grasslands extending from 
Canada to Mexico (Anderson et al. 1986, pp. 25-50; Biggins et al. 1997, 
p. 420). This amount of prairie dog habitat could have supported 
500,000 to 1,000,000 ferrets (Anderson et al. 1986, p. 58). Since the 
late 1800s, ferret specimens have been collected from Arizona, 
Colorado, Kansas, Montana, Nebraska, New Mexico, North Dakota, 
Oklahoma, South Dakota, Texas, Utah, and Wyoming in the United States 
and Saskatchewan and Alberta in Canada (Anderson et al. 1986, pp. 25-
50). In the 1990s, we concluded that the ferret's historical range also 
included Mexico, which is within the contiguous range of the black-
tailed prairie dog as previously noted (Biggins et al. 1997, p. 420). 
This inclusion of Mexico in the ferret's historical range is described 
in more detail in the recovery plan and resulted in a ferret 
reintroduction initiated in 2001 (USFWS 2013a, pp. 16-17). This final 
rule also corrects the historical range of the species at 50 CFR 
17.11(h); this action has no regulatory impact as this column is 
strictly informational.
    Black-footed ferrets historically occurred throughout most of 
Wyoming. Specifically, black-footed ferrets occurred within black-
tailed prairie dog habitat in the eastern portion of the State and 
white-tailed prairie dog habitat in the west; black-footed ferrets did 
not occur in the extreme northwest corner of the State (Anderson et al. 
1986, p. 48). The last wild population of ferrets (from which all 
surviving black-footed ferrets descend) was discovered near Meeteetse, 
Wyoming, in 1981, after the species was presumed extinct (Clark et al. 
1986, p. 8; Lockhart et al. 2006, p. 8). Following disease outbreaks at 
Meeteetse, all surviving wild ferrets were removed from the wild 
between 1985 and 1987, to initiate a captive-breeding program (Lockhart 
et al. 2006, p. 8). No wild populations have been found since the 
capture of the last

[[Page 66824]]

Meeteetse ferret despite extensive and intensive rangewide searches; it 
is unlikely that any undiscovered wild populations remain. Therefore, 
the Service considers the State of Wyoming unoccupied by wild ferrets, 
with the exception of reintroduced populations, which alleviates the 
requirement for project proponents to conduct presence/absence surveys 
for ferrets under section 7 of the Act prior to developing projects 
(USFWS 2013c).
    In 1991, a reintroduced population of ferrets was established in 
Shirley Basin, Wyoming as an NEP in accordance with section 10(j) of 
the Act. In 2001, the Wolf Creek, Colorado, reintroduction site was 
also established as an NEP under section 10(j), and includes a small 
portion of Sweetwater County, Wyoming, in the experimental population 
area. However, no evidence of ferrets from the Wolf Creek 
reintroduction effort has been found in Sweetwater County or elsewhere 
in Wyoming. The Shirley Basin NEP persists today. The map at the 
conclusion of this rule identifies the existing NEPs in Wyoming.

Relationship of the Experimental Population to Recovery Efforts

    All known black-footed ferrets in the wild are the result of 
reintroduction efforts. There have been 24 ferret reintroduction 
projects, beginning in 1991, at Shirley Basin in the southeastern 
portion of Wyoming. Shirley Basin contains the only ferret population 
currently in Wyoming.
    The downlisting criteria for the black-footed ferret include 
establishing at least 1,500 free-ranging breeding adults in 10 or more 
populations, in at least 6 of 12 States within the historical range of 
the species, with no fewer than 30 breeding adult ferrets in any 
population; delisting criteria include establishing at least 3,000 
free-ranging breeding adults in 30 or more populations, in at least 9 
of 12 States within the historical range of the species, with no fewer 
than 30 breeding adults in any population (USFWS 2013a, pp. 61-62). In 
our recovery plan for the ferret, we suggest recovery guidelines for 
the States that are proportional to the amount of prairie dog habitat 
historically present. A proportional share for Wyoming would include 
approximately 171 free-ranging breeding adult ferrets to meet their 
portion of the rangewide numerical goal for downlisting and 341 
breeding adults to meet their portion of the rangewide numerical goal 
for delisting (USFWS 2013a, Table 8).
    Approximately 100 breeding adult black-footed ferrets have been 
established at Shirley Basin, Wyoming (USFWS 2013a, Table 8). Shirley 
Basin is one of four currently successful ferret reintroduction sites--
other successful sites include two in South Dakota and one in Arizona 
(USFWS 2013a, p. 73). We are confident that Wyoming can support 
additional successful reintroduction sites, based on the amount of 
available habitat (see the following section on Likelihood of 
Population Establishment and Survival) and a history of successful 
ferret management at Shirley Basin since 1991. Additional viable ferret 
populations within Wyoming will aid recovery of the species.

Location of the Nonessential Experimental Population Area

    The NEP area for Wyoming is Statewide, with the exception of the 
two areas where a NEP designation for black-footed ferret already 
exists (see below). In combination, these three NEPs collectively cover 
the entire State of Wyoming. Suitable habitat for ferret reintroduction 
will likely be limited to Albany, Big Horn, Campbell, Carbon, Converse, 
Crook, Fremont, Goshen, Hot Springs, Johnson, Laramie, Lincoln, 
Natrona, Niobrara, Park, Platte, Sheridan, Sublette, Sweetwater, Uinta, 
Washakie, and Weston Counties because these counties have sufficient 
prairie dog habitat to support viable ferret populations. We are not 
aware of any prairie dog complexes suitable for ferret reintroduction 
on or adjacent to Tribal lands in Wyoming. The nearest potential 
reintroduction sites to Tribal lands are two white-tailed prairie dog 
complexes--Fifteen-mile Complex near Worland in Hot Springs County and 
Sweetwater Complex near Sweetwater Station in Fremont County (Luce 
2008, pp. 29-30). Both sites are of intermediate potential for ferret 
reintroduction and are located approximately 19 miles (30 kilometers) 
from any reservation boundaries.
    Any ferrets found in Wyoming would be considered part of an NEP. 
There are many historical records of ferrets in Wyoming (Anderson et 
al. 1986, pp. 36-37). However, the species has been extirpated from the 
State since 1987, with the exception of a reintroduced ferret 
population in the Shirley Basin. As previously noted, a 10(j) 
designation already exists for the Shirley Basin ferret population in 
Albany County and portions of Carbon and Natrona Counties that are east 
of the North Platte River. A 10(j) designation also exists for the Wolf 
Creek, Colorado, ferret reintroduction site, which includes a small 
portion of Sweetwater County in Wyoming. Both of these reintroduction 
sites would remain outside the boundary of this newly designated NEP 
area and would continue to operate under their respective management 
plans. Any new reintroduction sites within this newly designated NEP 
area would require development of a new management plan approved by the 
Service.
    Several sites in Wyoming are suitable for reintroduction of black-
footed ferrets in addition to the Shirley Basin site. The main 
requirements for ferret reintroduction are: (1) An area of occupied 
prairie dog habitat that is purposefully managed and of sufficient size 
to support a viable population of ferrets (a minimum of 1,500 ac (608 
ha) of black-tailed prairie dog occupied habitat or 3,000 ac (1,215 ha) 
of white-tailed or Gunnison's prairie dog occupied habitat); (2) a 
willing landowner; and (3) a management plan that addresses sylvatic 
plague. Recent estimates of prairie dog occupied habitat in Wyoming 
include 2,893,487 ac (1,171,862 ha) in the white-tailed prairie dog 
range and 229,607 ac (92,991 ha) in the black-tailed prairie dog range 
(Van Pelt 2013, pp. 8, 14). Luce (2008, pp. 28-31) identified several 
sites in Wyoming with potential for ferret reintroduction including one 
site with potential for reintroduction within less than 3 years, 24 
sites with potential for reintroduction within 3 to 10 years, and two 
sites with long-term potential for reintroduction.

Likelihood of Population Establishment and Survival

    The Service and its partners have initiated 24 black-footed ferret 
reintroduction projects since 1991. These projects have experienced 
varying degrees of success. However, all reintroduction efforts have 
contributed to our understanding of the species' needs. Recovery of the 
species is a dynamic process that requires adaptive management.
    Some transfers of individual black-footed ferrets between 
populations will likely be necessary in perpetuity to maintain genetic 
diversity in the face of habitat fragmentation and as a management tool 
for sylvatic plague (until additional plague vaccines can be adapted 
for field use). Nevertheless, we believe that recovery can be achieved 
through a combination of expansion of ferret populations at existing 
reintroduction sites and reintroduction of ferrets at new sites, both 
of which are possible if conservation of prairie dog occupied habitat 
and disease management are aggressively pursued.
    Participation by all States within the historical range of the 
black-footed ferret is important to maximize resilience of

[[Page 66825]]

ferret populations in the wild and to allow for an equitable 
distribution of the responsibility for achieving recovery goals. 
Federal, State, and local agencies in Wyoming have been active 
participants in ferret recovery since the last wild population was 
found at Meeteetse in 1981. We estimate 100 breeding adult ferrets are 
already established at Shirley Basin. The suggested numerical recovery 
guidelines for Wyoming are 171 breeding adults to support the State's 
share of the rangewide downlisting target and 341 breeding adults to 
support the State's share of the rangewide delisting target. Meeting 
their portion of the rangewide numerical goal for downlisting would 
require establishing one additional large reintroduction site similar 
to Shirley Basin or two to three smaller sites. Meeting their portion 
of the rangewide numerical goal for delisting would require 
establishing two large sites, six small sites, or a combination of 
large, medium, and small sites, in addition to the sites previously 
established for meeting their portion of the rangewide numerical goal 
for downlisting. The Recovery Plan estimates that 35,000 ac (14,000 ha) 
of purposefully managed prairie dog occupied habitat will be needed to 
meet Wyoming's portion of the rangewide habitat goal for downlisting 
and 70,000 ac (28,000 ha) to meet their portion of the rangewide 
habitat goal for delisting (USFWS 2013a, Table 8). This equates to 
purposeful management of approximately 2 percent of prairie dog 
occupied habitat in Wyoming to meet their portion of the rangewide 
habitat goal for delisting.
    Sustaining black-footed ferret numbers during periodic outbreaks of 
sylvatic plague will require ongoing management, potentially including 
dusting prairie dog burrows with flea control powder and vaccinating 
ferrets prior to release. Additionally, research is currently underway 
investigating the potential for supporting ferrets at reintroduction 
sites by providing a vaccine to wild prairie dogs via oral bait.
    Based upon the past history of successful management at Shirley 
Basin, Wyoming, and the substantial amount of prairie dog occupied 
habitat available for additional reintroduction of black-footed 
ferrets, we believe there is a high likelihood of population 
establishment and survival in Wyoming.

Addressing Causes of Extirpation

    The black-footed ferret rangewide population declined for three 
principal reasons: (1) A major conversion of native rangeland to 
cropland, particularly in the eastern portion of the species' range, 
beginning in the late 1800s; (2) poisoning of prairie dogs to reduce 
competition with domestic livestock for forage, beginning in the early 
1900s; and (3) the inadvertent introduction of sylvatic plague, which 
causes mortality to both ferrets and prairie dogs, beginning in the 
1930s. The combined effects of these three factors resulted in a 
rangewide decrease in the amount of habitat occupied by prairie dogs 
from approximately 100 million ac (40.5 million ha) historically to 1.4 
million ac (570,000 ha) in the 1960s (USFWS 2013a, pp. 23-24). This 
habitat loss and fragmentation resulted in a corresponding decrease in 
ferrets, which require relatively large areas of prairie dog occupied 
habitat to maintain viable populations. By the 1960s, only two remnant 
ferret populations remained--in Mellette County, South Dakota, and in 
Meeteetse, Wyoming (Lockhart et al. 2006, pp. 7-8).
    Wyoming has had less rangeland converted to cropland than most 
other States within the historical range of the black-footed ferret 
(U.S. Department of Agriculture 2005, Table 1). Consequently, prairie 
dog poisoning and sylvatic plague are likely the two primary reasons 
for extirpation of ferrets from the State. Extensive poisoning of 
prairie dogs had begun in Wyoming by 1916 (Clark 1973, p. 89), and 
plague was present in Wyoming by 1936 (Eskey and Haas 1940, p. 4). 
Occupied prairie dog habitat reached a low in Wyoming in the early 
1960s when approximately 64,336 ac (26,056 ha) were reported (U.S. 
Bureau of Sport Fisheries and Wildlife 1961, Table 1). However, large-
scale poisoning of prairie dogs no longer occurs, and the use of 
poisons is more closely regulated than it was historically. Improved 
plague management, including dusting prairie dog burrows with 
insecticide to control fleas (the primary vector for plague 
transmission), is also being used, and the development of vaccines that 
prevent plague in prairie dogs and black-footed ferrets is underway. 
The most recent surveys estimate 3,123,094 ac (1,264,853 ha) of 
occupied prairie dog habitat in Wyoming (Van Pelt 2013, pp. 8, 14). 
This considerable increase over the past 50 years indicates that there 
has been a reduction in threats and improved management of prairie 
dogs. This increases the likelihood of successful reintroduction of 
ferrets in Wyoming.

Release Procedures

    The Service will cooperate with other Federal agencies, WGFD, 
Tribes, landowners, and other stakeholders to develop, implement, and 
maintain long-term site management before, during, and after releases. 
Partners will collect habitat data for site evaluation and 
documentation of baseline conditions and develop management plans for 
prairie dogs and plague prior to any release of black-footed ferrets. 
All applicable laws regulating the protection of ferrets will be 
followed (see section on Management Considerations and Protective 
Measures, below). Partners will develop annual site-specific 
reintroduction plans and submit them to the Service by mid-March as 
part of an annual ferret allocation process (which allocates available 
captive ferrets for release in specific numbers for specific sites). 
Reintroduction plans will include current estimates of prairie dog 
numbers and density, disease prevalence and management, and proposed 
reintroduction and monitoring methods. If the reintroduction plan 
covers years subsequent to the initial releases, it will also include a 
recent description of the status of ferrets on the site.
    All reintroduction efforts will follow techniques described in 
Roelle et al. (2006) as appropriate, which presents recommendations for 
managing captive populations, evaluating potential habitat, 
reestablishing populations, and managing disease. Captive-reared black-
footed ferrets exposed to prairie dog burrows and natural prey in 
outdoor preconditioning pens prior to their release survive in the wild 
at significantly higher rates than cage-reared, non-preconditioned 
ferrets (Biggins et al. 1998, pp. 651-652; Vargas et al. 1998, p. 77). 
Therefore, all captive-reared ferrets released within the Wyoming NEP 
area will receive adequate preconditioning in outdoor pens at the 
National Black-footed Ferret Conservation Center or at another facility 
approved by the Service. We will vaccinate all ferrets for canine 
distemper and sylvatic plague, and mark them with passive integrated 
transponder tags prior to release. We will transport ferrets to the 
reintroduction site and release them directly from transport cages into 
prairie dog burrows. In conformance with standard ferret reintroduction 
protocol, no fewer than 20 captive-raised or wild-translocated ferrets 
will be released at any reintroduction site in Wyoming during the first 
year of the project. Twenty or more additional animals will be released 
annually for the next 2 to 4 years. Released ferrets will be excess to 
the needs of the captive-breeding program.

[[Page 66826]]

Donor Stock Assessment and Effects on Captive or Wild-Born Donor 
Populations

    Eighteen black-footed ferrets were captured from the last wild 
population at Meeteetse, Wyoming in 1985-1987, and used to initiate a 
captive-breeding program (Lockhart et al. 2006, pp. 11-12). Of the 18 
captured ferrets, 15 individuals, representing the genetic equivalent 
of 7 distinct founders, produced a captive population that is the 
foundation of present recovery efforts (Garelle et al. 2006, p. 4). 
Extant populations, both captive and reintroduced, descend from these 
``founder'' animals. The purpose of the captive-breeding program is to 
provide animals for reintroduction to achieve recovery of the species, 
while maintaining maximum genetic diversity in the captive population 
(USFWS 2013a, p. 81).
    Black-footed ferrets used to establish any experimental population 
in the Wyoming NEP area will either be translocated wild-born kits from 
another self-sustaining reintroduced population (such as Shirley Basin) 
or come from one of six captive-breeding populations currently housed 
at the U.S. Fish and Wildlife Service National Black-footed Ferret 
Conservation Center near Wellington, Colorado; the Cheyenne Mountain 
Zoological Park, Colorado Springs, Colorado; the Louisville Zoological 
Garden, Louisville, Kentucky; the Smithsonian Biology Conservation 
Institute, Front Royal, Virginia; the Phoenix Zoo, Phoenix, Arizona; or 
the Toronto Zoo, Toronto, Ontario.
    The Service and its partners maintain a captive-breeding population 
of approximately 280 breeding adult black-footed ferrets in order to 
provide a sustainable source of ferrets for reintroduction. The 
captive-breeding facilities produce approximately 120 to 240 juvenile 
ferrets annually. Approximately 80 juveniles are retained annually at 
these facilities for future captive-breeding purposes. The remaining 
juveniles are allocated annually for reintroduction, or occasionally 
for research (USFWS 2013a, p. 81). Ferrets selected for reintroduction 
under this final rule will be genetically redundant to animals 
maintained for captive-breeding. Consequently, any loss of reintroduced 
ferrets will not impact the genetic diversity of the species. Only 
ferrets that are surplus to the needs of the captive-breeding program 
are used for reintroduction into the wild. Therefore, any loss of an 
experimental population in the wild will not threaten the survival of 
the species as a whole. Therefore, there will be no effects on donor 
populations beyond those which are intended and accounted for in the 
management of wild or captive populations.

Status of Proposed Population

    The effects of using black-footed ferrets from any captive or wild-
born donor populations for releases into the Wyoming NEP area will be 
examined through our section 10 permitting authority and section 7 
consultation process to ensure that their use is not likely to 
jeopardize the continued existence of the species in the wild. We based 
this determination on the following: (1) As an NEP, black-footed 
ferrets utilized for reintroductions are not essential to the survival 
of the species; (2) The 10(j) rule is expected to result in the 
creation of additional reintroduction areas in Wyoming; (3) Measures to 
avoid and minimize the incidental take of black-footed ferrets will be 
implemented within reintroduced populations; (4) The 10(j) rule will 
likely constitute a beneficial effect for the black-tailed and white-
tailed prairie dog, as it includes measures to reduce the incidence of 
sylvatic plague, the primary factor responsible for the decline of 
these two species. This will result in an increase in the reproduction, 
numbers and distribution of the black-footed ferret, and therefore not 
resulting in reducing appreciably the likelihood of survival and 
recovery.
    Additional successful reintroductions of ferrets are necessary for 
recovery of the species. Once this rule takes effect (see DATES, 
above), any releases of ferrets in Wyoming will be part of an NEP 
because of the need for increased management flexibility, which will 
encourage landowner participation and alleviate concerns regarding 
possible land use restrictions.
    This 10(j) rule is designed to broadly exempt from the section 9 
take prohibitions any take of black-footed ferrets that is incidental 
to otherwise lawful activities. We provide this exemption because we 
believe that such incidental take of members of the NEP associated with 
otherwise lawful activities is necessary and advisable for the 
conservation of the species.
    This designation is justified because no adverse effects to extant 
wild or captive black-footed ferret populations will result from 
release of progeny from either a wild or captive donor population onto 
a new reintroduction site. We also expect that any reintroduction 
efforts in Wyoming will result in the successful establishment of a 
self-sustaining population, which will contribute to the recovery of 
the species.

Management Considerations and Protective Measures

    We conclude that the effects of Federal, State, or private actions 
and activities will not pose a substantial threat to black-footed 
ferret establishment and persistence in Wyoming because most activities 
currently occurring in the NEP area are compatible with ferret recovery 
and there is no information to suggest that future activities would be 
incompatible with ferret recovery. We base this conclusion on 
experience at previous reintroduction sites, where incidental take 
associated with otherwise lawful activities such as ranching and energy 
development has been low. Poisoning of prairie dogs can occur in 
prairie dog habitat and could result in habitat loss or incidental take 
of ferrets. However, poisoning within a reintroduction site is very 
restricted, occurring only in specific instances where protection of 
residences, resources, or infrastructure on participating farm and 
ranch lands becomes necessary. These considerations are planned for in 
cooperation with participating landowners and stakeholders and 
documented in site-specific management plans that must be approved by 
the Service before ferrets are allocated to any reintroduction sites. 
Poisoning with the anticoagulant Rozol[supreg] at current and future 
reintroduction sites, however, is prohibited by Environmental 
Protection Agency label that governs use of Rozol (USFWS 2013a, p. 50). 
Prairie dog control programs may also be necessary at the boundary 
between ferret reintroduction sites and adjacent properties in order to 
maintain local support for the reintroduction. If boundary control is 
necessary because prairie dogs have encroached onto adjacent properties 
where prairie dogs are not wanted, it is carefully managed. Lethal 
control of prairie dogs should not be employed at a level that would 
reduce prairie dog occupied habitat to the extent that the viability of 
any potential ferret population is compromised--a minimum of 1,500 ac 
(608 ha) of black-tailed prairie dog occupied habitat or 3,000 ac 
(1,215 ha) of white-tailed or Gunnison's prairie dog occupied habitat 
is needed to sustain a viable ferret population.
    The Service will coordinate closely with WGFD and other partners in 
the management of any black-footed ferrets in Wyoming that are 
reintroduced under section 10(j) authorities. Management of ferret 
populations in the Wyoming NEP

[[Page 66827]]

area will be guided by provisions in site-specific management plans 
developed by partners (WGFD) with input from any affected landowners 
and stakeholders such as U.S Animal and Plant Health Inspection 
Service, U.S. Bureau of Land Management (BLM), U.S. Forest Service 
(USFS), Natural Resources Conservation Service, Wyoming Department of 
Agriculture, or potentially affected Tribes. The responsibilities and 
commitments of the participating agencies will be documented in the 
management plan. As mentioned above, management plans must be approved 
by the Service before ferrets are allocated to any reintroduction 
sites.
    Management plans will be site-specific with management strategies 
based on site-specific characteristics (e.g., prairie dog distribution 
and expansion potential, sylvatic plague history, ferret movement 
barriers) and land use patterns (e.g., livestock grazing, recreational 
use, mineral development potential). Management plans are tailored to 
achieve conservation objectives using management strategies compatible 
with existing ranch, livestock, and mineral extraction operations so 
that neither lifestyles nor income potential are negatively affected. 
We expect that future management plans under this 10(j) rule will have 
many similarities to past plans for other reintroduction sites. Some 
examples of management strategies for Shirley Basin in Wyoming include: 
(1) Attempting to schedule ferret releases so overlap with hunting 
opening weekends does not occur; (2) allowing landowners and land 
managers the opportunity to cooperatively decide the number and 
distribution of prairie dogs (and correspondingly ferrets) that may 
occur on privately owned and leased lands; (3) annually obtaining 
landowner approval of human activity necessary for actions specified in 
this plan; (4) biannual review of the progress of ongoing activities by 
all concerned parties. Other management plans may contain provisions 
similar to these, although the specific content and details will vary 
by site.
    Most of the area containing suitable release sites with high 
potential for ferret establishment is managed by the BLM, the USFS, or 
private landowners, and is currently protected through the following 
mechanisms.
    (1) Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 
et seq.)--The BLM's mission is set forth under the Federal Land Policy 
and Management Act, which mandates that BLM manage public land 
resources for a variety of uses, such as energy development, livestock 
grazing, recreation, and timber harvesting, while protecting the 
natural, cultural, and historical resources on those lands. The BLM 
manages listed and sensitive species under guidance provided in the BLM 
MS-6840 Manual--Special Status Species Management. The Manual directs 
BLM to proactively conserve species listed under the Act and the 
ecosystems upon which they depend, ensure that all actions authorized 
or carried out by BLM are in compliance with the Act, and cooperate 
with the planning and recovery of listed species. The BLM has 
experience in managing the black-footed ferret at four reintroduction 
sites in four States that occur at least in part on lands it manages, 
including Shirley Basin, Wyoming, and Wolf Creek, Colorado, which 
includes a small portion of Sweetwater County, Wyoming. Therefore, we 
anticipate appropriate management by BLM on any future ferret 
reintroduction sites that include BLM lands.
    (2) National Forest Management Act of 1976, as amended (16 U.S.C. 
1600 et seq.)--The National Forest Management Act instructs the USFS to 
strive to provide for a diversity of plant and animal communities when 
managing national forest lands. The USFS identifies species listed as 
endangered or threatened under the Act, including the black-footed 
ferret, as Category 1 species at risk based on rangewide and national 
imperilment. The USFS has experience in managing the black-footed 
ferret at one reintroduction site in South Dakota that occurs at least 
in part on USFS lands. Therefore, we anticipate appropriate management 
by the USFS on any future ferret reintroduction sites that include USFS 
lands.
    (3) Wyoming State Law--The responsibilities of WGFD are defined in 
Wyoming Statute section 23-1-103, which instructs the WGFD to provide 
an adequate and flexible system for the control, management, 
protection, and regulation of all Wyoming wildlife. The Statute defines 
the black-footed ferret as a protected animal. The WGFD also defines 
the ferret as a ``species of greatest conservation need'' (Wyoming Game 
and Fish Department 2010, pp. IV-2-10-IV-2-13). This final rule has 
been developed in cooperation with the State to address any concerns 
and initiate additional ferret reintroductions in Wyoming. The WGFD has 
successfully managed the ferret at the Shirley Basin Reintroduction 
site since 1991. Therefore, we anticipate appropriate management by 
WGFD on any future ferret reintroduction sites in Wyoming.
    Management issues related to the black-footed ferret Wyoming NEP 
area that have been considered include:
    (a) Incidental Take: The regulations implementing the Act define 
``incidental take'' as take that is incidental to, and not the purpose 
of, carrying out an otherwise lawful activity (50 CFR 17.3), such as 
agricultural activities and other rural development, and other 
activities that are in accordance with Federal, State, Tribal, and 
local laws and regulations. Experimental population rules contain 
specific prohibitions and exceptions regarding the taking of individual 
animals. Once this 10(j) rule becomes effective, incidental take of 
black-footed ferrets within the Wyoming NEP area will not be 
prohibited, provided that the take is unintentional and is in 
accordance with this 10(j) rule. However, if there is evidence of 
intentional take of this species within the NEP area that is not 
authorized by the 10(j) rule, we would refer the matter to the 
appropriate law enforcement entities for investigation.
    (b) Special handling: In accordance with 50 CFR 17.21(c)(3), any 
employee or agent of the Service or of a State wildlife agency may in 
the course of their official duties, handle black-footed ferrets to aid 
sick or injured ferrets, or to salvage dead ferrets. Employees or 
agents of other Federal, Tribal, or State agencies would need to 
acquire the necessary permits from the Service for these activities.
    (c) Coordination with landowners and land managers: This NEP 
designation under section 10(j) of the Act was discussed with 
potentially affected State and Federal agencies, Tribes, local 
governments, and other stakeholders within the expected reestablishment 
area. These agencies, landowners, and land managers have either 
indicated support for, or no opposition to, the establishment of future 
populations, provided an NEP is designated and a rule is promulgated to 
exempt incidental take from the section 9 take prohibitions. The 
Service and the WGFD will continue to coordinate to ensure local 
communities are fully engaged in any future black-footed ferret 
reintroduction efforts.
    (d) Public awareness and cooperation: We informed the general 
public of the importance of this reintroduction project for the overall 
recovery of the black-footed ferret through the proposed rule and 
associated public meetings. We notified a comprehensive list of 
stakeholders of the meetings including affected Federal and State 
agencies, Tribal entities, local governments, landowners, nonprofit 
organizations,

[[Page 66828]]

and other interested parties. The comments we received are listed in 
the final EA, were included in the formulation of alternatives 
considered in the NEPA process, and are considered in this final rule 
designating an NEP area for reintroduced black-footed ferrets in 
Wyoming. Designation of the NEP area will increase reintroduction 
opportunities and provide greater flexibility in management of the 
reintroduced ferret. The NEP designation is necessary to secure needed 
cooperation of the State, landowners, and other interests in the 
affected area.
    (e) Potential impacts to other federally listed species: There are 
several federally listed, proposed (any species of fish, wildlife, or 
plant that is proposed in the Federal Register to be listed), and 
candidate (the Service has concluded that they should be proposed for 
listing) species in Wyoming. These species are identified in the 
following table.

  Table 1--Federally Listed, Proposed, and Candidate Species in Wyoming
------------------------------------------------------------------------
                                             Current status in Wyoming
                 Species                           under the act
------------------------------------------------------------------------
Black-footed ferret (Mustela nigripes)..  Shirley Basin NEP.
Gray wolf (Canis lupus).................  NEP in Wyoming.
Whooping crane (Grus americana).........  Endangered.
Interior least tern (Sterna antillarum).  Endangered.
Piping plover (Charadrius melodus)......  Threatened.
Wyoming toad (Bufo baxteri).............  Endangered.
Bonytail (Gila elegans).................  Endangered.
Colorado pikeminnow (Ptychocheilus        Endangered.
 lucius).
Humpback chub (Gila cypha)..............  Endangered.
Razorback sucker (Xyrauchen texamus)....  Endangered.
Kendall Warm Springs dace (Rhinichthys    Endangered.
 osculus thermalis).
Pallid sturgeon (Scaphirhynchus albus)..  Endangered.
Blowout penstemon (Penstemon haydenii)..  Endangered.
Canada lynx (Lynx canadensis)...........  Threatened, with critical
                                           habitat.
Grizzly bear (Ursus arctos horribilis)..  Threatened.
Preble's meadow jumping mouse (Zapus      Threatened.
 hudsonius preblei).
Yellow-billed cuckoo (Coccyzus            Threatened, with critical
 americanus).                              habitat proposed.
Colorado butterfly plant (Gaura           Threatened, with critical
 neomexicana coloradensis).                habitat.
Desert yellowhead (Yermo xanthocephalus)  Threatened, with critical
                                           habitat.
Western prairie fringed orchid            Threatened.
 (Platanthera praeclara).
Ute ladies'-tresses (Spiranthes           Threatened.
 diluvialis).
Northern long-eared bat (Myotis           Threatened.
 septentrionalis).
Greater sage-grouse (Centrocercus         Candidate at the time of the
 urophasianus).                            proposed 10(j) rule, recently
                                           found to be not warranted for
                                           listing.
Fremont County rockcress (Boechera        Candidate.
 pusilla).
Whitebark pine (Pinus albicaulis).......  Candidate.
------------------------------------------------------------------------

    Nearly all of the aforementioned species have habitat requirements 
such as forests, dunes, wetlands, or river systems that differ from the 
grassland prairie habitat requirements for the black-footed ferret. The 
only species that may be affected by reintroduction projects for the 
ferret in the Wyoming NEP area, other than the ferret, is the greater 
sage-grouse. At the time of the proposed 10(j) rule, the greater sage-
grouse was a candidate species. Recently, the Service determined that 
the greater sage-grouse is no longer warranted for listing under the 
Act (80 FR 59858; October 2, 2015). The greater sage-grouse requires 
large, interconnected expanses of sagebrush (Connelly et al. 2004, p. 
3-2; Stiver et al. 2006, p. I-2; Knick and Connelly 2011, p. 1). 
Habitat loss, degradation, and fragmentation are the primary stressors 
to the greater sage-grouse. A detailed description of the species' 
natural history, seasonal habitats, threats, and population trends can 
be found in the Service's recent 12-month not warranted finding (80 FR 
59858; October 2, 2015). The ferret also requires large expanses of 
intact habitat, although it is dependent on prairie dogs, not 
sagebrush. However, some prairie dog habitat, particularly white-tailed 
prairie dog habitat, contains sagebrush.
    Direct adverse effects to greater sage-grouse can occur from the 
application of zinc phosphide-based pesticides to manage expanding 
prairie dog colonies at reintroduction sites. Because the application 
of zinc phosphide will occur in July through February, greater sage-
grouse (males, hens, and broods) may ingest zinc phosphide and become 
sickened or die. We determined that the issuance of this Federal rule 
to designate the black-footed ferret as a nonessential experimental 
population in the State of Wyoming in accordance with section 10(j) of 
the Act is not likely to jeopardize the continued existence of the 
greater sage-grouse based on the following: (1) The use of zinc 
phosphide is anticipated to be relatively rare at reintroduction sites, 
which minimizes exposure risk; (2) zinc phosphide can only be applied 
by a certified pesticide applicator, which minimizes misapplication and 
exposure risk to non-targeted species; and (3) there are approximately 
43,000,000 acres of estimated greater sage-grouse habitat in Wyoming. 
To meet delisting guidelines in the Black-footed Ferret Recovery Plan, 
there must be 70,000 acres of prairie dog habitat. Thus, most greater 
sage-grouse habitat in Wyoming would not be impacted by the proposed 
action.
    (f) Monitoring and Evaluation: Monitoring is a required element of 
all black-footed ferret reintroduction projects. The following types of 
monitoring will be conducted.
    Reintroduction Effectiveness Monitoring: Partners will monitor 
population demographics and potential sources of mortality, including 
plague, annually for 5 years following the last release using spotlight 
surveys, snow tracking, other visual survey techniques, and possibly 
radio-telemetry of some individuals. Thereafter, demographic and 
genetic surveys will be completed periodically to track population 
status. Surveys will incorporate methods to monitor breeding success 
and long-term survival rates. In general, the Service anticipates that 
monitoring will be

[[Page 66829]]

conducted by the lead for each reintroduction site, which in Wyoming 
will be the WGFD and participating partners. The WGFD will present 
monitoring results in their annual reports.
    Donor Population Monitoring: Ferrets used for reintroduction will 
either be from the captive-breeding population or translocated from 
another viable reintroduction site. Ferrets in the captive-breeding 
population are managed and monitored in accordance with the Association 
of Zoos and Aquariums (AZA) Black-footed Ferret Species Survival Plan 
(SSP[supreg]). A breeding population of 280 animals will be maintained 
to provide a sustainable source of ferrets for reintroduction. The AZA 
SSP[supreg] Husbandry Manual provides up-to-date protocols for the 
care, propagation, preconditioning, and transportation of captive 
ferrets, and is used at all participating captive-breeding facilities. 
Ferrets may also be translocated from other reintroduction sites (which 
also originated from captive sources), provided their removal will not 
create adverse impacts upon the donor population and provided 
appropriate permits are issued in accordance with our regulations (50 
CFR 17.22) prior to their removal. Population monitoring will be 
conducted at all donor sites.
    Monitoring Impacts to Other Listed Species: We do not expect 
impacts to other federally listed species (see discussion under (e), 
above). The greater sage-grouse is the only species with habitat that 
might overlap with the black-footed ferret. However, we do not expect 
ferret reintroduction efforts to adversely impact greater sage-grouse 
for the reasons previously discussed. The WGFD conducts annual 
monitoring of the greater sage-grouse statewide. Additional monitoring 
will occur on non-federal lands enrolled in the Wyoming Candidate 
Conservation Agreement with Assurances for the greater sage-grouse and 
on Federal lands enrolled in the Wyoming Candidate Conservation 
Agreement for the greater sage-grouse.

Summary of Comments and Responses

    In the proposed rule published on April 10, 2015 (80 FR 19263), we 
requested that all interested parties submit written comments on the 
proposal by June 9, 2015. We also contacted appropriate federal and 
state agencies, Tribes, scientific experts and organizations, and other 
interested parties and invited them to comment on the proposal.
    During the public comment period on the proposed rule, we received 
a total of 29 comment letters addressing the proposed rule and several 
comments that were not relevant to the proposed rule. All substantive 
information provided during comment periods has either been 
incorporated directly into this final determination or addressed below.

Peer Review

    In accordance with our peer review policy published on July 1, 1994 
(59 FR 34270), we solicited expert opinion from three knowledgeable 
individuals with scientific expertise that included familiarity with 
the black-footed ferret and its habitat, biological needs, recovery 
efforts, and threats. We received responses from all three of the peer 
reviewers.
    We reviewed all comments we received from the peer reviewers for 
substantive issues and new information regarding the establishment of a 
nonessential experimental population designation for black-footed 
ferret in the State of Wyoming. In general, the peer reviewers stated 
that the proposed rule provided an accurate summation of the best 
available scientific information on the biology, current status, and 
recovery efforts for black-footed ferret, and that the proposed 
establishment of an NEP area in Wyoming to facilitate black-footed 
ferret reintroduction is well supported by the best available 
scientific information. The peer reviewers generally concurred with our 
methods and conclusions, and provided additional information, 
clarifications, and suggestions to improve the final rule. Peer 
reviewer comments are addressed in the following summary and 
incorporated into the final rule as appropriate.

Peer Reviewer Comments

    (1) Comment: One reviewer and several commenters were concerned 
with the statement in the proposed rule that the WGFD would have 
primary management responsibilities for ferret reintroduction in 
Wyoming. The reviewer stated that ``[t]urning primary authority for 
management of a federally endangered species over to a state, even 
under 10(j), would be unprecedented as far as I can determine''.
    Our Response: The Service will maintain authority for black-footed 
ferrets under the Act until the species is recovered and subsequently 
delisted. That said, as is true for nearly every endangered species 
recovery effort, recovery is a collaborative effort with success 
depending on the coordination and collaboration of a multitude of 
partners working towards a common goal. The WGFD is anticipated to play 
a lead role in recovery for the black-footed ferret in Wyoming under 
this 10(j) rule, likely conducting the actual on-the-ground ferret 
reintroduction and management work. This situation is in no way 
unprecedented, as on-the-ground reintroduction efforts under 10(j) are 
often managed by non-Service groups, including state agencies, non-
governmental organizations, and Tribes. The Service considers 
participation by the WGFD invaluable to this recovery effort given 
their long history with black-footed ferret conservation and recovery, 
leadership in successful reintroductions in Shirley Basin (also under a 
10(j) rule), intimate knowledge of local biological conditions, and 
familiarity with local landowners and other stakeholders.
    This cooperative approach is consistent with our 2013 Memorandum Of 
Uderstanding (MOU), which committed the Service, the State of Wyoming, 
and other Federal partners (``Parties'') to work collaboratively to 
develop and implement the NEP area designation (WGFD and USFWS 2013). 
This MOU includes the following guiding principles, among others: (1) 
The Parties agree that they will collaboratively identify, and 
prioritize, prospective ferret reintroduction sites in Wyoming outside 
of the current 10(j) areas (i.e., Shirley Basin and Wolf Creek); and 
(2) the Parties agree that future reintroductions of the ferret will be 
based on mutually affirmed prioritization of prospective reintroduction 
sites (WGFD and USFWS 2013, pp. 5-6).
    The Service will continue to play an active role in black-footed 
ferret recovery in Wyoming as outlined in the MOU and through the 
Service's oversight of the black-footed ferret allocation process. The 
Service determines, based on reintroduction proposals, which 
reintroduction sites receive captive born ferrets (i.e., kits) for 
release into the wild. Ferret allocation decisions made by the Service 
are based on the biological and scientific merit of the proposals, the 
suitability of proposed reintroduction sites, management capabilities 
of reintroduction programs, comprehensiveness of site work plans, the 
overall contribution to species recovery each project represents, and 
other considerations that may be unforeseen. Furthermore, the Service 
must be kept apprised of any post allocation changes in project design, 
direction, management, or field implementation of ferret reintroduction 
projects. No ferrets may be translocated, relocated, or removed from 
the wild (except for emergency health concerns)

[[Page 66830]]

without prior Service notification and authorization.
    (2) Comment: One peer reviewer stated that our determination of 
``nonessential'' is misleading and erroneous, as it is was based on the 
conclusion that a loss of the proposed NEP in Wyoming will not 
appreciably reduce the likelihood of future survival of the ferret 
rangewide (i.e., at the 23 reintroduction sites outside of Wyoming). 
This reviewer further stated that ``it is not whether the loss of a 
future population in Wyoming will affect the survival of another 
population somewhere else, but whether that population is intended to 
contribute to the recovery of the species.'' Another peer reviewer and 
several commenters also questioned how all populations in Wyoming could 
be designated as nonessential despite the anticipated future 
``essential'' role of such populations for the recovery of the species. 
In other words, some collection of reintroduction sites will 
necessarily comprise an ``essential'' part of the future recovered 
population.
    Our Response: We agree with the contention that successfully 
reintroduced populations under this 10(j) rule will be a central part 
of black-footed ferret recovery. This is consistent with the Act's 
requirements for 10(j) experimental populations. Specifically, the Act 
requires that experimental populations further the conservation of the 
species. Conservation is defined by the Act as the use of all methods 
and procedures which are necessary to bring any endangered or 
threatened species to the point at which the measures provided pursuant 
to the Act are no longer necessary (16 U.S.C. 1532(3)). In short, 
experimental populations must further the species' recovery.
    Under the revised Black-footed Ferret Recovery Plan, the species 
may be downlisted from endangered to threatened when at least 10 ferret 
populations, each with at least 30 breeding adults, are established. 
Thus, downlisting is based on biological parameters (e.g., number of 
breeding adults, number of successful sites). The recovery plan makes 
no distinction as to how these populations are designated once 
biological criteria are satisfied; each population will contribute 
toward recovery of the species whether it is designated as endangered, 
essential experimental, or nonessential experimental. The importance of 
future reintroduction sites to recovery, however, does not mean these 
populations are ``essential'' under section 10(j) of the Act. All 
reintroduction efforts are undertaken with the primary goal to move a 
species toward recovery. If importance to recovery was equated with 
essentiality, no reintroductions would qualify for nonessential status. 
This interpretation would conflict with Congress' expectation that ``in 
most cases, experimental populations will not be essential'' (H.R. 
Conference Report No. 835, supra at 34; USFWS 1984) and our 1984 
implementing regulations, which indicated an essential population will 
be a special case and not the general rule (USFWS 1984).
    (3) Comment: Two reviewers and one commenter expressed concern over 
the reliance of the black-footed ferret recovery program on the captive 
population. Selection acts on captive populations, potentially 
resulting in animals adapted for survival in captivity and maladapted 
for life in the wild.
    Our Response: We agree that reliance on captive populations for 
species conservation is never ideal for numerous reasons, including 
those noted by the reviewers. Unfortunately, there are few alternatives 
for the black-footed ferret at this time. Thus, we recognize that it is 
vitally important for species persistence to expedite the establishment 
of reintroduction sites and wild populations whenever possible. For 
this reason, our recovery strategy emphasizes the rapid expansion of 
ferret recovery in the wild (USFWS 2013a, p. 68). Working in close 
coordination with the WGFD and other stakeholders, we fully expect 
establishment of additional wild populations in Wyoming under this 
10(j) rule. An increase in successful reintroductions will result in a 
reduced reliance on the captive population in the future and allow for 
translocations of wild individuals to more fully support recovery 
efforts.
    (4) Comment: One reviewer stated that due to a potential for 
genetic adaptation to the captive environment, the assumption by the 
Service that replacing wild animals with captive animals is equivalent 
to maintaining wild populations is biologically and legally flawed. The 
reviewer further stated that this assertion should be clarified and/or 
deleted entirely.
    Our Response: Both in our proposal and this final rule, we state 
that animals lost during reintroduction efforts can be readily replaced 
through captive breeding, which produces juvenile ferrets in excess of 
the numbers needed to maintain the captive-breeding population. We do 
not make the assumption that replacement of wild animals with captive 
animals is equivalent to maintaining wild populations. It is always the 
Service's goal for reintroductions to be successful and contribute to 
recovery, which means the establishment of secure, self-sustaining 
populations in the wild. We recognize, however, that reintroductions 
are, by their nature, experiments whose outcome is uncertain. The point 
we are making with the above statement that ``animals lost during 
reintroduction can be readily replaced through captive breeding'' 
reflects the very real conservation status of the black-footed ferret; 
at this time, loss of the captive population could be catastrophic to 
the species, whereas the reverse is not true. The captive population of 
ferrets has been responsible for establishment of every wild ferret 
population in existence today, either wholly or primarily. Animals lost 
at reintroduction sites can be replaced by reintroduction of captive-
bred individuals. We expect this trend will continue for the 
foreseeable future. Specifically, the captive population will remain 
important until establishment of the at least 30 wild populations 
needed for recovery is accomplished; both as a source of animals for 
reintroduction and as insurance against stochastic environmental events 
in wild populations (e.g., plague epizootics). Conversely, the 
populations in the Wyoming NEP can be established or re-established 
from the captive population. Thus, until the species is recovered, the 
Service considers the captive population to be far more important to 
the survival of the species in the wild than the planned Wyoming NEP. 
Whether the Wyoming NEP is essential to recovery of the species ``in 
the wild'' was discussed in more detail under Comment 2.
    (5) Comment: One reviewer suggested that instead of giving reasons 
why the NEP is not ``essential'' the Service should indicate its 
intentions for the experimental population as follows: ``Once the 
ferret population reaches its delisting goal this 10(j) rule will be 
mooted, as the species will no longer require protection of the [Act]. 
The FWS will then enter into post-delisting monitoring and management 
agreements with Wyoming to ensure adequate persistence of and 
protection for reintroduced populations of ferrets to ensure that 
ferrets are no longer subject to relisting under the [Act].''
    Our Response: We are required under the Act to designate any 
experimental population as either ``essential'' or ``nonessential.'' 
Our nonessential determination is based on the best scientific and 
commercial data available and thus meets the requirements under the 
Act. This population satisfies all requirements for a 10(j) population 
and meets the standards for a nonessential

[[Page 66831]]

population under this section of the Act. Although post-delisting 
management agreements are beyond the scope of this 10(j) rule, we do 
anticipate reintroductions authorized by this rule to advance the 
conservation of the species and that this progress may contribute to an 
eventual reclassification to threatened or full species recovery and 
delisting. Prior to delisting, it is likely we would pursue management 
agreements to provide us adequate confidence that recovery progress 
achieved will be maintained. This is consistent with the Black-footed 
Ferret Recovery Plan, which calls for the completion and implementation 
of a post-delisting monitoring and management plan, in cooperation with 
the states and Tribes, to ensure recovery goals are maintained (USFWS 
2013a, p.6).
    (6) Comment: Two reviewers and several commenters were concerned 
about the potential use of anticoagulant poisons like Rozol[supreg] to 
control prairie, dogs due to the potential for secondary toxicities to 
predators like black-footed ferrets. While they recognized that details 
on anticoagulant poison use may be more appropriately addressed in 
site-specific plans, they thought a framework for how the Service 
intends to approach this issue needed to be set out in this rule.
    Our Response: Anticoagulant poisons can result in secondary impacts 
to any wildlife that consumes a poisoned prairie dog. In 2012, the 
Service completed formal consultation with the Environmental Protection 
Agency (EPA) to evaluate potential impacts to endangered and threatened 
species, including the black-footed ferret, from the use of the 
anticoagulant Rozol[supreg] to poison prairie dogs. Label restrictions 
resulting from this process prohibit application of Rozol[supreg] 
within current and future ferret recovery sites. It is a violation of 
Federal law to use a pesticide in a manner inconsistent with its 
labeling.
    The Service would have no additional section 7 consultation role 
regarding the use of Rozol[supreg] at reintroduction sites in Wyoming, 
except in National Parks and National Wildlife Refuges. However, 
through the allocation process of providing captive ferrets to 
reintroduction sites, we determine which sites will receive ferrets. We 
do not support the use of Rozol[supreg] or other anticoagulants for 
control of prairie dogs, particularly at black-footed ferret 
reintroduction sites. Boundary control of prairie dogs at 
reintroduction sites is sometimes necessary because prairie dogs have 
encroached onto adjacent properties where prairie dogs are not wanted. 
If boundary control becomes necessary to maintain relations with 
neighboring landowners, we support the use of zinc phosphide in these 
instances. In comparison with Rozol[supreg], which has a high risk of 
secondary poisoning of wildlife, zinc phosphide-based pesticides pose 
fewer risks to non-target wildlife when properly applied by a certified 
pesticide applicator as required by label.
    (7) Comment: One reviewer expressed concern over WGFD management of 
future reintroductions, noting that WGFD has not consistently conducted 
annual monitoring for the Shirley Basin black-footed ferret population.
    Our Response: Long-term wildlife management and monitoring programs 
seldom are able to achieve 100 percent success when it comes to meeting 
monitoring goals. Potential impediments to meeting monitoring goals 
include such things as changing staff workloads and turnover, budget 
limitations, inclement weather, and equipment failures, among many 
others. Overall, we believe that during the last 20 years, WGFD has 
demonstrated a meaningful commitment to black-footed ferret 
conservation in Shirley Basin through data reporting, multiple 
scientific publications on the black-footed ferret, plague management, 
and the release of over 500 ferrets into the area. Therefore, we are 
confident in their ability to manage future reintroduction efforts in 
Wyoming.
    (8) Comment: One reviewer and several commenters requested we 
provide a specific timeline for completion of the identification and 
evaluation of reintroduction sites.
    Our Response: Stakeholders in Wyoming essentially viewed the 
implementation of a Statewide 10(j) rule as a prerequisite to 
participation in any ferret recovery actions in the State of Wyoming. 
Thus, implementation of this rule is only a first step in advancing 
black-footed ferret recovery in Wyoming. Under the 2013 MOU guiding 
principles, the WGFD and the Service will collaboratively identify and 
prioritize prospective reintroduction sites in the Wyoming NEP area. 
The steps that must be taken before a site can receive ferrets are 
substantial and calculated with the goal of selecting sites with the 
best potential of success. Steps include, but are not limited to: (1) 
Identification of interested and willing landowners; (2) biological 
evaluation of each site's potential to support at least 30 ferrets; and 
(3) creation of site-specific management plans (see Location of the 
Nonessential Experimental Population Area). At this time we do not have 
precise information on locations of all suitable habitat, nor have any 
prospective reintroduction sites been approved yet for allocation of 
captive-bred ferrets. Therefore, we believe reporting a specific 
timeline would be arbitrary and premature.
    Implementation of this Statewide 10(j) rule will significantly 
reduce the administrative burden that would have been associated with 
development of multiple site-specific rules. In this case, the WGFD is 
not precluded from coordinating simultaneously with multiple landowners 
and evaluating sites for potential reintroduction. We believe under 
this Statewide 10(j) rule, the process for black-footed ferret 
reintroductions in Wyoming will be effectively streamlined. 
Encouragingly, following publication of the proposed rule in the 
Federal Register, WGFD has reported that a number of landowners have 
approached them expressing interest in establishing a ferret population 
on their land following implementation of the 10(j) rule.
    (9) Comment: One reviewer and several commenters wanted greater 
detail on specific reintroduction and sylvatic plague management plans.
    Our Response: Many of the specific questions raised in the comments 
are answered under Release Procedures, above. Development of management 
plans for reintroductions and sylvatic plague are a cooperative effort 
between the Service, WGFD, other federal agencies, landowners, and 
affected stakeholders. Final plans must be approved by the Service as 
part of the ferret allocation process. Ferret allocation decisions are 
based on the considerations mentioned in our response to Comment 1. We 
expect that future site-specific management plans will have many 
similarities to past plans for other reintroduction sites.
    (10) Comment: One reviewer and several commenters wondered if the 
public would have an opportunity to comment on potential reintroduction 
sites in the future.
    Our Response: There is no formal public comment period for 
potential reintroduction sites or site-specific management plans, but 
there will be opportunities for public involvement. The Service and the 
WGFD recognize that local involvement is important to the success of 
recovery efforts and the long-term conservation of the black-footed 
ferret in Wyoming. Consequently, as required in the 2013 MOU, the 
Service and WGFD will coordinate to ensure local communities, including 
potentially affected landowners, stakeholder groups, local governments, 
and Tribes are fully engaged in any future black-footed ferret 
reintroduction

[[Page 66832]]

efforts. Future management plans may contain provisions similar to the 
following, although the specific content and details will vary by 
reintroduction site. Public involvement may include but is not limited 
to the following: (1) Public meetings to outreach to all interested 
parties on determining potential reintroduction sites; (2) Coordination 
with all interested parties after a reintroduction site is determined; 
(3) Direct involvement of management plan development which could 
include state and federal agencies, County Commissioners, landowners, 
companies, academia, and other stakeholders, and tribes; (4) Allowing 
landowners and land managers the opportunity to cooperatively decide 
the number and distribution of prairie dogs (and correspondingly black-
footed ferrets) that may occur on privately owned and leased lands; (5) 
Annually obtaining landowner approval of human activity necessary for 
actions specified in a plan; (6) Biannual review of the progress of 
ongoing activities by all concerned parties; (7) Direct involvement any 
interested parties in monitoring activities on reintroduction sites.
    (11) Comment: Two reviewers questioned whether the estimates for 
the number of black-footed ferrets currently in the wild were the most 
current estimates available.
    Our Response: As is true for many species, and particularly with 
one that is largely fossorial (i.e., lives mostly underground) and 
nocturnal like the black-footed ferret, determining precise population 
numbers is challenging. Black-footed ferret populations are difficult 
to count due to their remote locations, difficult accessibility, 
nocturnal habits, small population sizes, and logistical problems and 
costs associated with the requisite field work. More importantly, 
ferret populations can also fluctuate significantly from one year to 
the next depending on the presence or absence of plague and active 
plague management, or due to other environmental factors like drought. 
Accordingly, a tally of adult ferret numbers at any one point in time 
is likely a poor indicator of recovery progress. We view ferret 
population estimates at most sites as minimum numbers because of the 
aforementioned issues.
    We stated in the EA and proposed rule that there are approximately 
418 breeding adult ferrets in the wild, including approximately 102 
breeding adults in the reintroduced population at Shirley Basin, 
Wyoming, as was reported in the 2013 Black-footed Ferret Recovery Plan 
(USFWS 2013a, Table 2). The reviewers are correct that the value for 
Shirley Basin is an estimate derived from surveys conducted in 2010. A 
more recent report gives the same estimate of approximately 100 
breeding adults in Shirley Basin based on the 2010 survey and 
approximately 295 breeding adults rangewide (Black-footed ferret 
Recovery and Implementation Team Conservation Subcommittee Report 2014, 
Table 1). The current Shirley Basin estimate is based on the best 
available science and is meant to provide the most accurate assessment 
of the magnitude of the population size rather than the precise number 
of individuals, which can fluctuate considerably for the reasons given 
above.
    (12) Comment: One reviewer questioned the meaning of the phrase 
``occupied prairie dog habitat,'' noting that one could ask ``occupied 
by what?''
    Our Response: When we use the phrase ``occupied prairie dog 
habitat,'' we mean areas that are occupied by prairie dogs. A review of 
the scientific literature on prairie dogs shows both ``occupied prairie 
dog habitat'' and ``prairie dog occupied habitat'' are commonly used 
terms to indicate habitat that is occupied by prairie dogs. While we 
agree with the comment in general as prairie dog colonies can and 
typically are ``occupied'' by a number of other species, in this case 
we believe, however, it is clear by the context that what is being 
referenced in this rule is occupancy by prairie dogs.
    (13) Comment: One reviewer questioned the criteria for evaluating 
potential reintroduction sites. The reviewer stated that occupancy of 
habitat by prairie dogs is a simplistic criterion considering prairie 
dog populations can fluctuate significantly over time, expanding and 
contracting for a number of reasons, including plague.
    Our Response: Determining occupancy by prairie dogs is simply a 
first step in determining the potential for reintroduction site. A 
large number of other factors are considered for determining the 
suitability of proposed reintroduction sites. Foremost in consideration 
for prioritizing black-footed ferret allocations (i.e., young ferrets 
available for release into the wild) is the size, density, health, and 
overall stability of potential ferret habitat. Additional non-
biological requirements for ferret allocations include a willing 
landowner and a management plan that addresses sylvatic plague.
    (14) Comment: One reviewer agreed with our identification of plague 
as a major impediment to the recovery of black-footed ferret, but noted 
that the management of plague only ``during periodic outbreaks of 
sylvatic plague'' understates the problem. Recent research has shown 
that plague has serious negative effects on prairie dog populations not 
only during major ``outbreaks'' but also when present at lower levels.
    Our Response: Currently, management for sylvatic plague is carried 
out largely by dusting the impacted area with pesticides meant to kill 
the fleas that host the plague bacteria. This type of management can be 
effective. We agree, however, that this approach is not ideal, as it is 
typically only applied after plague has been detected, which is often 
too late, as mortality of ferrets and prairie dogs has already been 
significant. A new oral vaccine, currently being field tested, could 
provide a more effective, less expensive way to protect prairie dogs.
    The Service recognizes that understanding how to control or 
preferably eradicate sylvatic plague is critical to black-footed ferret 
conservation. The complex dynamics of sylvatic plague are not fully 
understood. As scientific knowledge of sylvatic plague advances, that 
information will be incorporated into management plans that address 
sylvatic plague. Although research projects are not required program 
elements for ferret allocations to reintroduction sites, the Service 
encourages, supports, and may give greater priority to projects that 
incorporate research elements addressing specific ferret recovery 
problems or questions.
    (15) Comment: One reviewer wanted to see affirmation that the Wind 
River Tribes concur with the application of 10(j) to tribal lands 
within the Wind River Indian Reservation. The reviewer stated that 
Tribes may have an interest in maintaining full protection for ferrets 
within their boundaries.
    Our Response: We contacted the Eastern Shoshone and Northern 
Arapaho Tribes of the Wind River Indian Reservation and invited them to 
comment on the proposal. We did not receive comments from either Tribe. 
It is unlikely that these two Tribes have adequate prairie dog occupied 
habitat that would be suitable for a future reintroduction of the 
black-footed ferret. This does not preclude coordination with the 
Tribes in the future if circumstances change.

Comments From the State of Wyoming

    (16) Comment: The State of Wyoming and several commenters were 
concerned that the Service could change the NEP designation to 
experimental essential,

[[Page 66833]]

endangered, or threatened in the future. The Service should clarify 
under what conditions a change in designation could occur.
    Our Response: We do not foresee the need to change the NEP 
designation for any reintroduced black-footed ferret population. One of 
the benefits of an NEP designation is that it provides flexibility in 
the regulatory requirements in the area where the reintroduction 
occurs. This regulatory relief is important because, prior to 
reintroduction, these sites had no regulation related to the subject 
species because the species was not present. Thus, State, tribal, and 
private landowners typically resist endangered species reintroductions 
that bring with them new Federal regulation. This resistance can be 
nearly insurmountable. Fewer black-footed ferret reintroductions would 
have been initiated during the past 20 years without the added 
flexibility of nonessential experimental designations. To date, 11 
black-footed ferret reintroductions have occurred through use of 
section 10(j) designated NEP areas in the United States, including in 
the Shirley Basin in Wyoming (USFWS 2013a, pp. 38-39). We do not 
believe ferrets would likely exist today in Wyoming if not for their 
nonessential experimental designation in Shirley Basin and the 
resulting reduced regulatory burden.
    All determinations on essentiality are made prior to any 
reintroduction action being taken. It is instructive that Congress did 
not put requirements in section 10(j) to reevaluate the classification 
after a reintroduction has occurred. While our regulations require a 
``periodic review and evaluation of the success or failure of the 
release and the effect of the release on the conservation and recovery 
of the species'' (50 CFR 17.81(c)(4)), this has not been interpreted as 
requiring reevaluation and reconsideration of sites' nonessential 
experimental status (USFWS 1991, 1994, and 1996). We believe 
Congressional intent was to ensure that our partners could rely upon 
the original rules promulgated for the reintroduction effort. We also 
contend that retracting the nonessential experimental designation 
following implementation of this 10(j) rule would be extremely 
detrimental to ferrets in Wyoming and the partnerships that sustain 
them. Furthermore, such an alteration of the regulatory framework post-
reintroduction would undermine future reintroduction efforts.
    Typically, endangered species recovery efforts, including those for 
ferrets, depend on a myriad of partners working together to accomplish 
a common goal. In most cases, and particularly for ferrets, recovery 
would not be possible without substantial partner efforts. In looking 
back on ferret recovery over the last 25 years, we have gone from no 
ferret populations known in the wild to having 24 ferret reintroduction 
sites in the wild, with 17 of those sites continuing to have ferrets 
through 2015. Hundreds of partners have made this possible. We believe 
these are not trivial accomplishments. At nearly all the 24 ferret 
reintroduction sites, it is our partners who accomplish the actual on-
the-ground ferret reintroduction and management work. The same will be 
true in this case, with WGFD taking the lead on implementation of 
reintroductions. Absent those partnerships, there would be far fewer 
reintroductions and likely no ferrets in Wyoming. Accordingly, the 
Service highly values those local partnerships that accomplish ferret 
recovery and is understandably cautious about undertaking actions that 
disrupt those partnerships.
    In 2009, the Service received a petition to reclassify three 
reintroduced black-footed ferret populations from nonessential 
experimental to endangered, including the Shirley Basin NEP in Wyoming. 
This petition was submitted pursuant to section 553 of the 
Administrative Procedure Act (5 U.S.C. 553) (WildEarth Guardians et al. 
2009). The Service strongly believed and continues to believe that the 
ramifications of such an action would be detrimental to ferrets at 
these sites and the partnerships that sustain them. As we anticipated, 
the petition had immediate negative impacts to ferret recovery, 
prompting landowners to withdraw support for another planned 
reintroduction in Wyoming. The Service denied the petition in 2010 
(USFWS 2010).
    As mentioned above, we do not foresee the need to change the NEP 
designation for any wild black-footed ferret population. The captive 
population is crucial to survival of the species in the wild at this 
time, and likely for the foreseeable future. However, a substantial 
loss of the captive population is highly improbable, as captive ferrets 
have been purposefully dispersed among six facilities, protecting the 
species from a single catastrophic event. In any circumstance, any 
change in the 10(j) listing would require a new proposed rule, a public 
comment period (including, if requested, public hearings), public 
meetings, NEPA compliance, and other documentation prior to publication 
of a final rule to change or abandon the NEP designation.
    (17) Comment: The State of Wyoming and several commenters requested 
that the Service provide assurance that if the 10(j) designation 
changed in any respect, the Service would remove the ferrets.
    Our Response: Under 50 CFR 17.84(g)(12), the following will apply 
to any reintroduced ferret populations under this 10(j) rule:

    ``We will not include a reevaluation of the ``nonessential 
experimental'' designation for these populations during our review 
of the initial five year reintroduction program. We do not foresee 
any likely situation justifying alteration of the nonessential 
experimental status of these populations. 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 may rescind their consent, and at their request, we 
will relocate the ferrets pursuant to paragraph (g)(4)(iii) of this 
section.''

    (18) Comment: The State of Wyoming requested assurance from the 
Service that there will be thorough and appropriate consultation before 
any ferrets are brought into Wyoming under this rule.
    Our Response: We fully expect that all reintroductions efforts 
under this 10(j) rule will be conducted in close coordination with the 
WGFD, landowners, and affected stakeholders. This coordination will 
take place under previsions in the 2013 MOU and as part of the ferret 
allocation process.

Public Comments

    (19) Comment: Two commenters stated that the Service's current 
prairie dog range estimate is not based on the best available science 
and information. Specifically the commenters point out that the Service 
claims there to be nearly 3.1 million acres of prairie dog occupied 
habitat in Wyoming, but previously (in USFWS 2009) has stated that the 
prairie dog occupies 2.4 million acres across its entire range.
    Our Response: It is important to clarify that the 2.4 million acres 
of occupied habitat estimated in USFWS 2009 is a rangewide estimate for 
black-tailed prairie dogs (one of four species of prairie dog) only. 
Our estimate in the proposed rule and above of the amount of prairie 
dog occupied habitat in Wyoming includes estimates for both species of 
prairie dog that occur in Wyoming. We cite recent estimates of prairie 
dog occupied habitat in Wyoming at 2,893,487 ac (1,171,862 ha) in the 
white-tailed prairie dog range and 229,607 ac (92,991 ha) in the black-

[[Page 66834]]

tailed prairie dog range (Van Pelt 2013, pp. 8, 14). Black-tailed 
prairie dogs have a much smaller estimated range in the State of 
Wyoming while the estimated white-tailed prairie dog habitat in Wyoming 
is much larger. The combined estimate for both species of prairie dog 
in Wyoming is based on the best available scientific information.
    (20) Comment: Two commenters noted that aerial surveys overestimate 
occupied prairie dog habitat by as much as 94 percent (Sidle et al. 
2012). One commenter stated that if the estimate of prairie dog habitat 
is inaccurate then the area to which black-footed ferrets may be 
introduced is exaggerated. The commenter also alleged that the Service 
has used inaccurate data to formulate population goals of both the 
black-footed ferret and black tailed prairie dogs.
    Our Response: We acknowledge that aerial surveys can overestimate 
the extent of active or occupied prairie dog habitat and that there is 
some degree of error attached to any such estimate. Overestimates of 
prairie dog colonies result because observers may have difficulty 
distinguishing active, occupied burrows from unoccupied burrows from 
the air. Researchers continue working to refine methods for accurately 
assessing active prairie dog populations from the air.
    It is important to note, however, that in the case of black-footed 
ferret reintroductions, aerial surveys are used only as a rough guide 
for identifying potential black-footed ferret habitat for 
reintroductions. Measurable fluctuations in prairie dog occupancy are a 
part of the natural dynamics of prairie dog populations, but 
fluctuations can be especially pronounced in areas experiencing plague 
or subjected to poisoning. The presence of unoccupied burrows 
conclusively indicates that prairie dogs occupied the area sometime in 
the recent past. Thus, while we may use aerial surveys as rough 
estimate of prairie dog habitat, we do not rely on aerial surveys to 
identify areas with the highest biological potential for black-footed 
ferret reintroductions. Reintroduction sites are chosen instead based 
on a number of other factors including the size, density, health, and 
overall stability of the prairie dog occupied habitat, information that 
is gathered from ground surveys and local knowledge of prairie dog 
colonies in a given area.
    States are encouraged to contribute to recovery goals in proportion 
to the amount of historical ferret habitat (i.e., prairie dog colonies) 
that once occurred on these lands. The Black-footed Ferret Recovery 
Plan estimates that 35,000 ac (14,000 ha) of purposefully managed 
prairie dog occupied habitat will be needed to meet Wyoming's portion 
of the rangewide habitat goal for downlisting and 70,000 ac (28,000 ha) 
to meet their portion of the rangewide habitat goal for delisting 
(USFWS 2013a, Table 8). For the State of Wyoming, this equates to 
purposeful management of approximately 2 percent of the estimated 
prairie dog habitat in Wyoming to meet their portion of the rangewide 
habitat goals for delisting. The best available science supports our 
estimates of occupied prairie dog habitat and potentially suitable 
habitat for black-footed ferret reintroductions.
    (21) Comment: Several commenters were concerned with potential 
impacts of black-footed ferret reintroductions on federal oil and gas 
lessees. They asserted that because federal oil and gas leases are 
interests in real property, the holder of a federal oil and gas lease 
is no different than a private surface owner.
    Our Response: We concluded in the proposed rule and the EA that the 
most prevalent land use activities, including energy development, 
currently occurring in the NEP area are compatible with ferret recovery 
and that there is no information to suggest that future activities 
would be incompatible with ferret recovery. Federal oil and gas leases 
will certainly be considered and lessees likely consulted during 
development of reintroduction proposals for the ferret allocation 
process. Current and future land management, principal land uses, and 
potential for change or land management conflicts are serious 
considerations for all potential reintroduction sites. Reintroduction 
allocation decisions are made based on a potential reintroduction 
site's probability for long-term success. We have little interest in 
allocating ferrets, an exceptionally limited resource, to areas where 
land management conflicts will be an obvious problem, either currently 
or in the future.
    (22) Comment: One commenter stated that black-footed ferrets are 
believed to be predators of sage-grouse nests and therefore will have 
negative impacts on sage-grouse.
    Our Response: Based on our extensive experience with both species 
in the wild and our review of the scientific literature, we are not 
aware of any evidence that black-footed ferrets are predators on sage-
grouse at any life stage, including nests (eggs), adults, or chicks. 
Black-footed ferrets depend almost exclusively on prairie dogs for 
food.

Summary of Changes From Proposed Rule

    In our proposed rule, the language under paragraph (g)(9)(viii) 
stated that ``Any black-footed ferret found within the Wyoming 
Experimental Population Area will be considered part of the 
nonessential experimental population after the first breeding season 
following the first year of black-footed ferret release. A black-footed 
ferret occurring outside of the State of Wyoming would initially be 
considered as endangered, but may be captured for genetic testing.''
    As noted by one reviewer, this language was included in earlier 
10(j) rules at a time when the discovery of other extant wild ferret 
populations was still considered plausible. There have been no verified 
reports of any extant black-footed ferret individuals or populations in 
any prairie dog complex since the discovery of the last known wild 
black-footed ferret population near Meeteetse, Wyoming, in 1981. 
Recently, the Service issued a `block clearance' letter for the ferret 
in the State of Wyoming (Service 2013c). Block clearance provides an 
acknowledgement that the likelihood of identifying ferrets in Wyoming, 
outside of those resulting from reintroductions, is distinctly minimal. 
Our revision of paragraph (g)(9)(viii) reflects this determination. 
Thus, once this 10(j) rule becomes effective, any black-footed ferret 
found within the Wyoming NEP Experimental Population Area will be 
considered part of the nonessential experimental population. A black-
footed ferret that disperses beyond the boundaries of the nonessential 
experimental population takes on the status of that area (endangered, 
unless within another nonessential experimental population area).

Finding

    We followed the procedures required by the Act, NEPA, and the 
Administrative Procedure Act during this Federal rulemaking process. We 
solicited public comment on the proposed NEP designation. We have 
considered all comments we received on the proposed rule and the draft 
EA before making this final determination. Based on the above 
information, and using the best scientific and commercial data 
available (in accordance with 50 CFR 17.81), we find that establishing 
this Wyoming NEP area will further conservation of the species, but 
that any future experimental populations of black-footed ferrets in 
Wyoming would not be essential to the continued existence of the 
species in the wild.

[[Page 66835]]

    Therefore, we are finalizing our proposal to designate most of 
Wyoming (the remainder of the State of Wyoming not covered under past 
NEPs) as an NEP area under section 10(j) of Act. The result of this 
designation and the two previous designations is that all black-footed 
ferrets found within the entire State of Wyoming are considered as an 
NEP. Black-footed ferrets will be managed under the associated NEP 
regulations, allowing greater management flexibility. We anticipate 
this will encourage partners to undertake new reintroductions, 
advancing the conservation and recovery of the species.

Required Determinations

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. The Office 
of Information and Regulatory Affairs has determined that this rule is 
not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. E.O. 13563 emphasizes further 
that regulations must be based on the best available science and that 
the rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

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

    Under the Regulatory Flexibility Act (as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA) of 1996; 5 U.S.C. 
801 et seq.), whenever a Federal agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare, and make 
available for public comment, a regulatory flexibility analysis that 
describes the effect of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
an agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. The SBREFA amended 
the Regulatory Flexibility Act to require Federal agencies to provide a 
statement of the factual basis for certifying that a rule will not have 
a significant economic impact on a substantial number of small 
entities. We certify that this rule will not have a significant 
economic effect on a substantial number of small entities. The 
following discussion explains our rationale.
    The area that will be affected by this rule includes release sites 
in Wyoming and adjacent areas in Wyoming into which black-footed 
ferrets may disperse. Because of the regulatory flexibility for Federal 
agency actions provided by the NEP designation and the exemption for 
incidental take in the 10(j) rule, we do not expect this rule to have 
significant effects on any activities within Federal, State, or private 
lands within the NEP. When NEPs are located outside a National Wildlife 
Refuge or National Park Service unit, then, for the purposes of section 
7, we treat the population as proposed for listing and only section 
7(a)(1) and section 7(a)(4) apply. In these instances, NEPs provide 
additional flexibility because Federal agencies are not required to 
consult with us under section 7(a)(2). Section 7(a)(4) requires Federal 
agencies to confer (rather than consult) with the Service on actions 
that are likely to jeopardize the continued existence of a species 
proposed to be listed. However, because the NEP is, by definition, not 
essential to the survival of the species, conferring will likely never 
be required for the black-footed ferret populations within the NEP 
area. Furthermore, the results of a conference are advisory in nature 
and do not restrict agencies from carrying out, funding, or authorizing 
activities. In addition, section 7(a)(1) requires Federal agencies to 
use their authorities to carry out programs to further the conservation 
of listed species, which would apply on any lands within the NEP area. 
As a result, and in accordance with these regulations, some 
modifications to proposed Federal actions within the NEP area may occur 
to benefit the black-footed ferret, but we do not expect projects to be 
halted or substantially modified as a result of these regulations.
    This 10(j) rule will broadly authorize incidental take of the 
black-footed ferret within the NEP area. The regulations implementing 
the Act define ``incidental take'' as take that is incidental to, and 
not the purpose of, the carrying out of an otherwise lawful activity 
such as, agricultural activities and other rural development, camping, 
hiking, hunting, vehicle use of roads and highways, and other 
activities in the NEP area that are in accordance with Federal, Tribal, 
State, and local laws and regulations. Intentional take for purposes 
other than authorized data collection or recovery purposes would not be 
permitted. Intentional take for research or recovery purposes would 
require a section 10(a)(1)(A) recovery permit under the Act.
    The principal activities on private property in the NEP area are 
livestock grazing and associated ranch management practices (e.g., 
fencing, weed treatments). We believe the presence of the black-footed 
ferret would not affect the use of lands for these purposes because 
there would be no new or additional economic or regulatory restrictions 
imposed upon states, non-federal entities, or members of the public due 
to the presence of the black-footed ferret, and federal agencies would 
only have to comply with sections 7(a)(1) and 7(a)(4) of the Act in 
these areas. Therefore, this rulemaking is not expected to have any 
significant adverse impacts to activities on private lands within the 
NEP area.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.):
    (1) This rule will not ``significantly or uniquely'' affect small 
governments. We have determined and certify pursuant to the Unfunded 
Mandates Reform 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. A Small Government Agency Plan 
is not required. Small governments will not be affected because the NEP 
designation does not place additional requirements on any city, county, 
or other local municipalities.
    (2) This rule will not produce a Federal mandate of $100 million or 
greater in any year (i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act). This NEP designation 
for the black-footed ferret will not impose any additional management 
or protection requirements on the States or other entities.

Takings (E.O. 12630)

    In accordance with Executive Order 12630, this final rule does not 
have significant takings implications. This rule allows for the take of 
reintroduced black-footed ferret when such take is incidental to an 
otherwise legal activity, such as recreation (e.g., hiking, hunting,

[[Page 66836]]

fishing, bird watching), forestry, agriculture, and other activities 
that are in accordance with Federal, State, and local laws and 
regulations. Therefore, we do not believe that establishment of this 
NEP will conflict with existing or proposed human activities or hinder 
public use of ferret habitat in Wyoming.
    A takings implication assessment is not required because this rule: 
(1) Will not effectively compel a property owner to suffer a physical 
invasion of property, and (2) will not deny any economically beneficial 
or productive use of the land or aquatic resources. This rule will 
substantially advance a legitimate public interest (conservation and 
recovery of a listed species) and will not present a barrier to all 
reasonable and expected beneficial use of private property.

Federalism (E.O. 13132)

    In accordance with Executive Order 13132 (70 FR 23775), we have 
considered whether this final rule has significant Federalism effects 
and have determined that a federalism summary impact statement is not 
required. This rule will not have substantial direct effects on the 
states, on the relationship between the Federal government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government. In keeping with Department of the 
Interior policy, we requested information from and coordinated 
development of this final rule with the affected resource agencies in 
Wyoming. Achieving the recovery goals for this species will contribute 
to its eventual delisting and return to state management. No intrusion 
on state policy or administration is expected, roles or 
responsibilities of Federal or State governments will not change, and 
fiscal capacity will not be substantially directly affected. The final 
10(j) rule operates to maintain the existing relationship between the 
State and the Federal governments and is being undertaken in 
coordination with the State of Wyoming. We have cooperated with WGFD in 
the preparation of this final rule. Therefore, this final rule does not 
have significant Federalism effects or implications to warrant the 
preparation of a federalism summary impact statement pursuant to the 
provisions of Executive Order 13132.

Civil Justice Reform (E.O. 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections (3)(a) and 
(3)(b)(2) of the Order.

Paperwork Reduction Act

    Office of Management and Budget (OMB) regulations at 5 CFR 1320, 
which implement provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), require that Federal agencies obtain OMB approval 
before collecting information from the public. This final rule does not 
include any new collections of information that require OMB approval 
under the Paperwork Reduction Act. OMB has approved our collection of 
information associated with reporting the taking of experimental 
populations (50 CFR 17.84) and assigned OMB Control Number 1018-0095, 
which expires on October 31, 2017. We may not conduct or sponsor and a 
person is not required to respond to a collection of information unless 
it displays a currently valid OMB control number.

National Environmental Policy Act

    In compliance with all provisions of the National Environmental 
Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), we have analyzed the 
impact of this rule. Based on this analysis and information resulting 
from public comment on the proposed action, we determined that this 
action will not have significant impacts or effects. We have prepared a 
final EA and finding of no significant impact on this action, which are 
available for public inspection: (1) In person at the Wyoming 
Ecological Services Field Office (see ADDRESSES) and (2) online at 
http://www.regulations.gov. All appropriate NEPA documents were 
finalized before this rule was finalized.

Government-to-Government Relationship With Tribes

    In accordance with the presidential memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 229511), Executive Order 13175 (65 FR 67249), and 
the Department of the Interior Manual Chapter 512 DM 2, we have 
considered possible effects on federally recognized Indian Tribes and 
have determined that Tribal lands overlap the Wyoming NEP in portions 
of Fremont and Hot Springs Counties. However, participation in black-
footed ferret recovery is entirely voluntary. If suitable habitat for 
ferret recovery is available, non-Federal landowners, including Tribes, 
may choose to either not participate, or to participate through 
authorities under 10(j), 10(a)(1)(A), or the Safe Harbor Agreement 
(USFWS 2013b). If ferrets were reintroduced on non-tribal lands 
adjacent to Tribal lands and subsequently dispersed onto Tribal lands, 
the aforementioned authorities will provide a more relaxed regulatory 
situation under the Act through allowances for incidental take. 
However, as stated previously, we are not aware of any prairie dog 
complexes suitable for ferret reintroduction on or adjacent to Tribal 
lands. The nearest potential reintroduction sites are two white-tailed 
prairie dog complexes--Fifteen-mile Complex near Worland in Hot Springs 
County, and Sweetwater Complex near Sweetwater Station in Fremont 
County (Luce 2008, pp. 29-30). Both sites are of intermediate potential 
for ferret reintroduction and are located approximately 19 miles (30 
kilometers) from reservation boundaries. We sent letters, describing 
our proposed action and requesting input, to the Northern Arapaho and 
Eastern Shoshone Tribes of the Wind River Reservation on September 4, 
2014. We did not receive a response from either Tribe.

Energy Supply, Distribution, or Use (E.O. 13211)

    Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This rule is not 
expected to significantly affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action, and no 
Statement of Energy Effects is required.

References Cited

    A complete list of all references cited in this rule is available 
on the Internet at http://www.regulations.gov at Docket No. FWS-R6-ES-
2015-0013, or upon request from the Wyoming Ecological Services Field 
Office (see ADDRESSES).

Authors

    The authors of this final rule are staff members of the Wyoming 
Ecological Services Field Office (see ADDRESSES).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, we hereby amend part 17, subchapter B of chapter I, 
title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.


[[Page 66837]]



0
2. Amend Sec.  17.11(h) by revising the entry for ``Ferret, black-
footed'' under MAMMALS in the List of Endangered and Threatened 
Wildlife to read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                  Vertebrate population
--------------------------------------------------------    Historic range        where endangered or      Status     When listed    Critical   Special
           Common name                Scientific name                                 threatened                                     habitat     rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Mammals
 
                                                                      * * * * * * *
Ferret, black-footed.............  Mustela nigripes....  Western U.S.A.,       Entire, except where              E      1, 3, 433,         NA         NA
                                                          Western Canada,       listed as an                        545, 546, 582,
                                                          Mexico.               experimental population.            646, 703, 737,
                                                                                                                               860
Ferret, black-footed.............  Mustela nigripes....  Western U.S.A.,       U.S.A. (WY and specified         XN  433, 545, 546,         NA   17.84(g)
                                                          Western Canada,       portions of AZ, CO, MT,             582, 646, 703,
                                                          Mexico.               SD, and UT, see                           737, 860
                                                                                17.84(g)(9)).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Amend Sec.  17.84 by:
0
a. Revising paragraphs (g)(1) and (g)(6)(i);
0
b. Adding paragraph (g)(9)(viii); and
0
c. Adding a map entitled ``Wyoming Nonessential Experiment Population 
(NEP) Area for the Black-footed Ferret'' immediately following the map 
entitled ``Rosebud Sioux Tribe ITOPA SAPA KIN (Black-footed Ferret) 
Experimental Population Area--South Dakota.''
    The revisions and additions read as follows:


Sec.  17.84  Special rules--vertebrates.

* * * * *
    (g) * * *
    (1) The black-footed ferret populations identified in paragraphs 
(g)(9)(i) through (viii) of this section are nonessential experimental 
populations. We will manage each of these populations, and each 
reintroduction site within the Wyoming Experimental Population Area, in 
accordance with their respective management plans.
* * * * *
    (6) * * *
    (i) Report such taking in Wyoming, including the Shirley Basin/
Medicine Bow experimental population area, to the Field Supervisor, 
Ecological Services, Fish and Wildlife Service, Cheyenne, Wyoming 
(telephone: 307/772-2374).
* * * * *
    (9) * * *
    (viii) The Wyoming Experimental Population Area encompasses most of 
the State of Wyoming. The boundaries of the nonessential experimental 
population include all areas in the State of Wyoming outside of the 
Shirley Basin/Medicine Bow Management Area (see paragraph (g)(9)(i) of 
this section) and the small portion of Wyoming included as part of the 
Northwestern Colorado/Northeastern Utah Experimental Population Area 
(see paragraph (g)(9)(v) of this section). Collectively, however, these 
three 10(j) areas cover the entire State of Wyoming. Any black-footed 
ferret found within the Wyoming NEP Experimental Population Area will 
be considered part of a nonessential experimental population. A black-
footed ferret that disperses beyond the boundaries of the nonessential 
experimental population area takes on the status of that area 
(endangered, unless within another nonessential experimental population 
area). Such animals may be captured for genetic testing and relocation. 
If necessary, disposition of the captured animal may occur in the 
following ways:
    (A) If an animal is genetically determined to have originated from 
the experimental population, we may return it to the reintroduction 
area or to a captive-breeding facility.
    (B) If an animal is determined to be genetically unrelated to the 
experimental population, we will place it in captivity under an 
existing contingency plan.
* * * * *

[[Page 66838]]

[GRAPHIC] [TIFF OMITTED] TR30OC15.016

* * * * *

    Dated: October 21, 2015.
Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-27639 Filed 10-29-15; 8:45 am]
BILLING CODE 4333-15-P



                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                         66821

                                           may visit http://www.regulations.gov/                   DEPARTMENT OF THE INTERIOR                            Yellowstone Road, Suite 308A,
                                           search/footer/privacyanduse.jsp                                                                               Cheyenne, WY 82009; telephone 307–
                                                                                                   Fish and Wildlife Service                             772–2374. Persons who use a
                                           List of Subjects in 49 CFR Part 175                                                                           telecommunications device for the deaf
                                                                                                   50 CFR Part 17                                        (TDD) may call the Federal Information
                                              Air carriers, Hazardous materials
                                           transportation, Radioactive materials,                  [Docket No. FWS–R6–ES–2015–0013;                      Relay Services (FIRS) at 800–877–8339.
                                           Reporting and recordkeeping                             FXES11130900000C6–145–FF09E42000]                     FOR FURTHER INFORMATION CONTACT:
                                           requirements.                                           RIN 1018–BA42                                         Mark Sattelberg, Field Supervisor,
                                                                                                                                                         Telephone: 307–772–2374. Direct all
                                             In consideration of the foregoing, we                                                                       questions or requests for additional
                                                                                                   Endangered and Threatened Wildlife
                                           amend 49 CFR Chapter I as follows:                      and Plants; Establishment of a                        information to: BLACK–FOOTED
                                                                                                   Nonessential Experimental Population                  FERRET QUESTIONS, U.S. Fish and
                                           PART 175—CARRIAGE BY AIRCRAFT                                                                                 Wildlife Service, Wyoming Ecological
                                                                                                   of Black-footed Ferrets in Wyoming
                                                                                                                                                         Services Field Office, 5353 Yellowstone
                                           ■ 1. The authority citation for part 175                AGENCY:   Fish and Wildlife Service,                  Road, Suite 308A, Cheyenne, WY
                                           continues to read as follows:                           Interior.                                             82009. Individuals who are hearing-
                                             Authority: 49 U.S.C. 5101–5128, 44701; 49             ACTION: Final rule.                                   impaired or speech-impaired may call
                                           CFR 1.81 and 1.97.                                      SUMMARY:   We, the U.S. Fish and                      the Federal Relay Service at 1–800–877–
                                                                                                   Wildlife Service (Service), in                        8337 for TTY assistance.
                                           ■ 2. In § 175.10, redesignate paragraphs                coordination with the State of Wyoming                SUPPLEMENTARY INFORMATION:
                                           (a)(19) through (a)(24) as paragraphs                   and other partners, will reestablish
                                           (a)(20) through (a)(25) and add new                                                                           Executive Summary
                                                                                                   additional populations of the black-
                                           paragraph (a)(19) to read as follows:                   footed ferret (Mustela nigripes), a                   Purpose of the Regulatory Action
                                           § 175.10 Exceptions for passengers,                     federally listed endangered mammal,                      This is a final rule to designate the
                                           crewmembers, and air operators.                         into prairie dog (Cynomys spp.)                       black-footed ferret (Mustela nigripes)
                                                                                                   occupied habitat in Wyoming and                       nonessential experimental population
                                              (a) * * *                                            classify any reestablished population as              (NEP) area in the State of Wyoming in
                                              (19) Except as provided in § 173.21 of               a nonessential experimental population                accordance with section 10(j) of the
                                           this subchapter, battery-powered                        (NEP) under section 10(j) of the                      Endangered Species Act (Act). This
                                           portable electronic smoking devices                     Endangered Species Act of 1973, as                    designation increases the Service’s
                                           (e.g., e-cigarettes, e-cigs, e-cigars, e-               amended (Act). This final rule                        flexibility and discretion in managing
                                           pipes, e-hookahs, personal vaporizers,                  establishes the NEP area and provides                 reintroduced endangered species and
                                           electronic nicotine delivery systems)                   for allowable legal incidental taking of              allows promulgation of regulations
                                           when carried by passengers or                           the black-footed ferret within the                    deemed appropriate for conservation of
                                           crewmembers for personal use must be                    defined NEP area. The best available                  the reintroduced species. We have
                                                                                                   data indicate the reintroduction of                   determined that the issuance of this rule
                                           carried on one’s person or in carry-on
                                                                                                   black-footed ferrets to Wyoming is                    will advance the recovery of the
                                           baggage only. Spare lithium batteries
                                                                                                   biologically feasible and will promote                endangered black-footed ferret.
                                           must be individually protected so as to                 conservation and recovery of the
                                           prevent short circuits (by placement in                                                                       Specifically, this rulemaking will
                                                                                                   species. This NEP area and two                        facilitate the establishment of free-
                                           original retail packaging or by otherwise               previously designated NEPs in
                                           insulating terminals, e.g., by taping over                                                                    ranging populations of ferrets within the
                                                                                                   Wyoming collectively cover the entire                 species’ historical range in Wyoming,
                                           exposed terminals or placing each                       State of Wyoming and provide
                                           battery in a separate plastic bag or                                                                          thereby contributing to the numerical
                                                                                                   consistent management flexibility                     and distributional population targets
                                           protective pouch). Each lithium battery                 Statewide. We are also amending the
                                           must be of a type which meets the                                                                             laid out in the recovery plan’s delisting
                                                                                                   historical range column for the species               and downlisting (reclassifying from
                                           requirements of each test in the UN                     within the List of Endangered and                     endangered to threatened) criteria (U.S.
                                           Manual of Tests and Criteria, Part III,                 Threatened Wildlife (List) to include                 Fish and Wildlife Service 2013a, p. 6)
                                           Sub-section 38.3. Recharging of the                     Mexico; the historical range information
                                           devices and/or the batteries on board                   in the List is informational, not                     Summary of the Major Provisions of the
                                           the aircraft is not permitted. Each                     regulatory.                                           Regulatory Action In Question
                                           battery must not exceed the following:                  DATES: This rule becomes effective                       Under section 10(j) of the Act and our
                                              (i) For lithium metal batteries, a                   November 30, 2015.                                    regulations at 50 CFR 17.81, the Service
                                           lithium content of 2 grams; or                          ADDRESSES: This final rule, along with                may establish an NEP, outside of the
                                              (ii) For lithium ion batteries, a Watt-              the public comments, environmental                    current range of the species, but within
                                           hour rating of 100 Wh.                                  assessment (EA), and finding of no                    its historical range, for the purposes of
                                                                                                   significant impact (FONSI), is available              reintroducing the species into formerly
                                           *       *     *    *      *                             on the Internet at http://                            occupied habitat. Under this 10(j) rule,
                                             Issued in Washington, DC, on October 23,              www.regulations.gov, Docket No. FWS–                  the Service is classifying any
                                           2015 under authority delegated in 49 CFR                R6–ES–2015–0013. Comments and                         reestablished black-footed ferret
                                           part 1.97                                               materials received, as well as supporting             population in the State of Wyoming as
Lhorne on DSK5TPTVN1PROD with RULES




                                           Marie Therese Dominguez,                                documentation used in the preparation                 an NEP. The Service has determined
                                           Administrator.                                          of this rule, will also be available for              that this NEP designation meets the
                                           [FR Doc. 2015–27622 Filed 10–29–15; 8:45 am]
                                                                                                   public inspection, by appointment,                    requirements of the Act; the population
                                                                                                   during normal business hours at: U.S.                 is wholly geographically separate from
                                           BILLING CODE 4910–60–P
                                                                                                   Fish and Wildlife Service, Wyoming                    other populations, and the experimental
                                                                                                   Ecological Services Field Office, 5353                population is not essential to the


                                      VerDate Sep<11>2014   14:41 Oct 29, 2015   Jkt 238001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\30OCR1.SGM   30OCR1


                                           66822             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

                                           continued existence of the black-footed                 amended (Act; 16 U.S.C. 1531 et seq.)                 the rule issued under section 10(j) of the
                                           ferret in the wild.                                     without critical habitat. The Act                     Act (hereafter referred to as a 10(j) rule)
                                             This NEP designation will apply to all                provides that species listed as                       contains the prohibitions and
                                           ferrets reintroduced to Wyoming, with                   endangered are afforded protection                    exemptions necessary and appropriate
                                           the exception of animals found on lands                 primarily through the prohibitions of                 to conserve that species.
                                           managed by the National Park Service or                 section 9 and the requirements of                        Before authorizing the release as an
                                           U.S. Fish and Wildlife Service. Under a                 section 7. Section 9 of the Act, among                experimental population of any
                                           section 10(j) designation as an NEP,                    other things, prohibits the take of                   population (including eggs, propagules,
                                           both the take prohibitions and                          endangered wildlife. ‘‘Take’’ is defined              or individuals) of an endangered or
                                           consultation requirements of the Act are                by the Act as harass, harm, pursue,                   threatened species, and before
                                           relaxed, easing regulatory burden                       hunt, shoot, wound, kill, trap, capture,              authorizing any necessary
                                           associated with endangered species and                  or collect, or attempt to engage in any               transportation to conduct the release,
                                           facilitating acceptance by local                        such conduct. Section 7 of the Act                    the Service must find, by regulation,
                                           landowners and managers.                                outlines the procedures for Federal                   that such release will further the
                                             Once this rule takes effect, the                      interagency cooperation to conserve                   conservation of the species. In making
                                           Service, the Wyoming Game and Fish                      federally listed species and protect                  such a finding, the Service uses the best
                                           Department (WGFD), and other partners                   designated critical habitat. It mandates              scientific and commercial data available
                                           propose to reintroduce the black-footed                 that all Federal agencies use their                   to consider: (1) Any possible adverse
                                           ferret at one or more additional sites                  existing authorities to further the                   effects on extant populations of a
                                           within the species’ historical range in                 purposes of the Act by carrying out                   species as a result of removal of
                                           Wyoming. The WGFD will serve as the                     programs for the conservation of listed               individuals, eggs, or propagules for
                                           lead agency in the reintroduction and                   species. It also states that Federal                  introduction elsewhere; (2) the
                                           subsequent management of black-footed                   agencies must, in consultation with the               likelihood that any such experimental
                                           ferret in Wyoming; however, WGFD will                   Service, ensure that any action they                  population will become established and
                                           continue to coordinate closely with the                 authorize, fund, or carry out is not likely           survive in the foreseeable future; (3) the
                                           Service on these restoration efforts.                   to jeopardize the continued existence of              relative effects that establishment of an
                                                                                                   a listed species or result in the                     experimental population will have on
                                           Costs and Benefits                                                                                            the recovery of the species; and (4) the
                                                                                                   destruction or adverse modification of
                                              Costs and benefits of a Statewide NEP                designated critical habitat. Section 7 of             extent to which the introduced
                                           designation in Wyoming will depend                      the Act does not affect activities                    population may be affected by existing
                                           upon the number and type of                             undertaken on private land unless they                or anticipated Federal or State actions or
                                           reintroduction efforts initiated. The                   are authorized, funded, or carried out by             private activities within or adjacent to
                                           Black-footed Ferret Recovery Plan                       a Federal agency.                                     the experimental population area.
                                           estimates that 35,000 acres (ac) (14,000                                                                         Furthermore, as set forth in 50 CFR
                                                                                                      The 1982 amendments to the Act (16                 17.81(c), all regulations designating
                                           hectares (ha)) of purposefully managed                  U.S.C. 1531 et seq.) included the
                                           prairie dog occupied habitat will be                                                                          experimental populations under section
                                                                                                   addition of section 10(j), which allows               10(j) must provide: (1) Appropriate
                                           needed to meet Wyoming’s portion of                     for the designation of reintroduced
                                           the rangewide habitat goal for                                                                                means to identify the experimental
                                                                                                   populations of listed species as                      population, including, but not limited
                                           downlisting, and 70,000 ac (28,000 ha)                  ‘‘experimental populations.’’ Under
                                           to meet their portion of the rangewide                                                                        to, its actual or proposed location,
                                                                                                   section 10(j) of the Act and our                      actual or anticipated migration, number
                                           habitat goal for delisting (USFWS 2013a,                regulations at 50 CFR 17.81, the Service
                                           Table 8). This equates to purposeful                                                                          of specimens released or to be released,
                                                                                                   may designate as an experimental                      and other criteria appropriate to identify
                                           management of approximately 2 percent                   population a population of endangered
                                           of prairie dog occupied habitat in                                                                            the experimental population(s); (2) a
                                                                                                   or threatened species that has been or                finding, based solely on the best
                                           Wyoming to meet their portion of the                    will be released into suitable natural
                                           rangewide habitat goal for delisting. We                                                                      scientific and commercial data
                                                                                                   habitat outside the species’ current                  available, and the supporting factual
                                           completed an environmental assessment                   natural range (but within its probable
                                           for this action, which analyzes potential                                                                     basis, on whether the experimental
                                                                                                   historical range, absent a finding by the             population is, or is not, essential to the
                                           impacts of reestablishing black-footed                  Director of the Service in the extreme                continued existence of the species in the
                                           ferrets in Wyoming under section 10(j)                  case that the primary habitat of the                  wild; (3) management restrictions,
                                           of the Act. Participation in this recovery              species has been unsuitable and                       protective measures, or other special
                                           effort is entirely voluntary and would                  irreversibly altered or destroyed). With              management concerns of that
                                           not occasion any substantive change in                  the experimental population                           population, which may include but are
                                           land use by participants; consequently,                 designation, the relevant population is               not limited to, measures to isolate and/
                                           we anticipate that the benefits of                      treated as threatened for purposes of                 or contain the experimental population
                                           reintroduction will off-set the costs                   section 9 of the Act, regardless of the               designated in the regulation from
                                           incurred for any recovery partners who                  species’ designation elsewhere in its                 natural populations; and (4) a process
                                           choose to participate.                                  range. Threatened designation allows us               for periodic review and evaluation of
                                           Background                                              discretion in devising management                     the success or failure of the release and
                                                                                                   programs and special regulations for                  the effect of the release on the
                                           Statutory and Regulatory Framework                      such a population. Section 4(d) of the                conservation and recovery of the
                                             The black-footed ferret was listed as                 Act allows us to adopt whatever                       species.
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                                           endangered throughout its range on                      regulations are necessary and advisable                  Under 50 CFR 17.81(d), the Service
                                           March 11, 1967 (32 FR 4001), and again                  to provide for the conservation of a                  must consult with appropriate State fish
                                           on June 2, 1970 (35 FR 8491), under                     threatened species. In these situations,              and wildlife agencies, local
                                           early endangered species legislation and                the general regulations that extend most              governmental entities, affected Federal
                                           was ‘‘grandfathered’’ under the                         section 9 prohibitions to threatened                  agencies, and affected private
                                           Endangered Species Act of 1973, as                      species do not apply to that species, and             landowners in developing and


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                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                       66823

                                           implementing experimental population                    confer (rather than consult) with the                 (479 to 600 millimeters) in total length;
                                           rules. To the maximum extent                            Service on actions that are likely to                 upper body parts are yellowish buff,
                                           practicable, section 10(j) rules represent              jeopardize the continued existence of a               occasionally whitish, feet and tail tip
                                           an agreement between the Service, the                   species proposed to be listed. The                    are black, and a black ‘‘mask’’ occurs
                                           affected State and Federal agencies, and                results of a conference are in the form               across the eyes (Hillman and Clark
                                           persons holding any interest in land                    of conservation recommendations that                  1980, p. 30).
                                           which may be affected by the                            are optional as the agencies carry out,                  The black-footed ferret depends
                                           establishment of an experimental                        fund, or authorize activities. Because                almost exclusively on prairie dogs for
                                           population.                                             the NEP is, by definition, not essential              food and on prairie dog burrows for
                                              Based on the best scientific and                     to the continued existence of the                     shelter (Hillman 1968, p. 438; Biggins
                                           commercial data available, we must                      species, the effects of proposed actions              2006, p. 3). Historical habitat of the
                                           determine whether the experimental                      affecting the NEP will generally not rise             ferret coincided with the ranges of the
                                           population is essential or nonessential                 to the level of jeopardizing the                      black-tailed prairie dog (Cynomys
                                           to the continued existence of the                       continued existence of the species. As a              ludovicianus), white-tailed prairie dog
                                           species. The regulations (50 CFR                        result, a formal conference will likely               (C. leucurus), and Gunnison’s prairie
                                           17.80(b)) state that an experimental                    never be required for black-footed                    dog (C. gunnisoni), which collectively
                                           population is considered essential if its               ferrets established within the NEP area.              occupied approximately 100 million ac
                                           loss would be likely to appreciably                     Nonetheless, some agencies voluntarily                (40 million ha) of intermountain and
                                           reduce the likelihood of survival of that               confer with the Service on actions that               prairie grasslands extending from
                                           species in the wild. All other                          may affect a proposed species. Activities             Canada to Mexico (Anderson et al. 1986,
                                           populations are considered                              that are not carried out, funded, or                  pp. 25–50; Biggins et al. 1997, p. 420).
                                           nonessential. We have determined that                   authorized by Federal agencies are not                This amount of prairie dog habitat could
                                           any future experimental populations of                  subject to provisions or requirements in              have supported 500,000 to 1,000,000
                                           black-footed ferrets in Wyoming would                   section 7.                                            ferrets (Anderson et al. 1986, p. 58).
                                           not be essential to the continued                          On April 10, 2015, the Service                     Since the late 1800s, ferret specimens
                                           existence of the species in the wild.                   published a proposed rule in the                      have been collected from Arizona,
                                           This determination has been made                        Federal Register to establish a                       Colorado, Kansas, Montana, Nebraska,
                                           because loss of an experimental                         nonessential experimental population of               New Mexico, North Dakota, Oklahoma,
                                           population in Wyoming will not affect                   black-footed ferrets in Wyoming, and                  South Dakota, Texas, Utah, and
                                           the captive population or the 24 existing               announced the availability of a draft                 Wyoming in the United States and
                                           reintroduction sites in Arizona,                        environmental assessment (EA) in                      Saskatchewan and Alberta in Canada
                                           Colorado, Kansas, Montana, New                          accordance with the National                          (Anderson et al. 1986, pp. 25–50). In the
                                           Mexico, South Dakota, Utah, and                         Environmental Policy Act of 1969, as                  1990s, we concluded that the ferret’s
                                           Wyoming; in Chihuahua, Mexico; and                      amended (NEPA) (80 FR 19263). This                    historical range also included Mexico,
                                           in Saskatchewan, Canada. Therefore,                     EA analyzed the potential                             which is within the contiguous range of
                                           loss of an experimental population in                   environmental impacts associated with                 the black-tailed prairie dog as
                                           Wyoming will not appreciably reduce                     the proposed reintroduction of ferrets in             previously noted (Biggins et al. 1997, p.
                                           the likelihood of future survival of the                Wyoming. We contacted interested                      420). This inclusion of Mexico in the
                                           ferret rangewide.                                       parties including Federal and State                   ferret’s historical range is described in
                                              For the purposes of section 7 of the                 agencies, local governments, scientific               more detail in the recovery plan and
                                           Act, we treat an NEP as a threatened                    organizations, interest groups, and                   resulted in a ferret reintroduction
                                           species only when the NEP is located                    private landowners through a press                    initiated in 2001 (USFWS 2013a, pp.
                                           within a National Wildlife Refuge or                    release and related fact sheets, and                  16–17). This final rule also corrects the
                                           unit of the National Park Service. In                   emails. In addition, we notified the                  historical range of the species at 50 CFR
                                           these areas, the Federal agency                         public and invited comments through                   17.11(h); this action has no regulatory
                                           conservation requirements under                         news releases to local media outlets.                 impact as this column is strictly
                                           section 7(a)(1) and the Federal agency                  The public comment period for the                     informational.
                                           consultation requirements of section                    proposed rule and the draft EA closed                    Black-footed ferrets historically
                                           7(a)(2) of the Act apply. Section 7(a)(1)               on June 9, 2015. Prior to the April 10,               occurred throughout most of Wyoming.
                                           requires all Federal agencies to use their              2015, publication of the proposed rule,               Specifically, black-footed ferrets
                                           authorities to carry out programs for the               we also held a series of informational                occurred within black-tailed prairie dog
                                           conservation of listed species. Section                 public meetings across the State in                   habitat in the eastern portion of the
                                           7(a)(2) requires that Federal agencies, in              concert with Wyoming Game and Fish                    State and white-tailed prairie dog
                                           consultation with the Service, ensure                   Department.                                           habitat in the west; black-footed ferrets
                                           that any action authorized, funded, or                     Section 10(j)(2)(C)(ii) of the Act states          did not occur in the extreme northwest
                                           carried out is not likely to jeopardize the             that critical habitat shall not be                    corner of the State (Anderson et al.
                                           continued existence of a listed species                 designated for any experimental                       1986, p. 48). The last wild population of
                                           or adversely modify its critical habitat.               population that is determined to be                   ferrets (from which all surviving black-
                                              When NEPs are located outside a                      nonessential. Accordingly, we cannot                  footed ferrets descend) was discovered
                                           National Wildlife Refuge or National                    designate critical habitat in areas where             near Meeteetse, Wyoming, in 1981, after
                                           Park Service unit, then, for the purposes               we establish an NEP.                                  the species was presumed extinct (Clark
                                           of section 7, we treat the population as                                                                      et al. 1986, p. 8; Lockhart et al. 2006,
                                           proposed for listing and only section                   Biological Information                                p. 8). Following disease outbreaks at
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                                           7(a)(1) and section 7(a)(4) apply. In                      The endangered black-footed ferret is              Meeteetse, all surviving wild ferrets
                                           these instances, NEPs provide                           the only ferret species native to the                 were removed from the wild between
                                           additional flexibility because Federal                  Americas (Anderson et al. 1986, p. 24).               1985 and 1987, to initiate a captive-
                                           agencies are not required to consult                    It is a medium-sized mustelid, typically              breeding program (Lockhart et al. 2006,
                                           with us under section 7(a)(2). Section                  weighing 1.4 to 2.5 pounds (645 to 1,125              p. 8). No wild populations have been
                                           7(a)(4) requires Federal agencies to                    grams) and measuring 19 to 24 inches                  found since the capture of the last


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                                           66824             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

                                           Meeteetse ferret despite extensive and                  (USFWS 2013a, Table 8). Shirley Basin                 boundary of this newly designated NEP
                                           intensive rangewide searches; it is                     is one of four currently successful ferret            area and would continue to operate
                                           unlikely that any undiscovered wild                     reintroduction sites—other successful                 under their respective management
                                           populations remain. Therefore, the                      sites include two in South Dakota and                 plans. Any new reintroduction sites
                                           Service considers the State of Wyoming                  one in Arizona (USFWS 2013a, p. 73).                  within this newly designated NEP area
                                           unoccupied by wild ferrets, with the                    We are confident that Wyoming can                     would require development of a new
                                           exception of reintroduced populations,                  support additional successful                         management plan approved by the
                                           which alleviates the requirement for                    reintroduction sites, based on the                    Service.
                                           project proponents to conduct presence/                 amount of available habitat (see the                     Several sites in Wyoming are suitable
                                           absence surveys for ferrets under section               following section on Likelihood of                    for reintroduction of black-footed ferrets
                                           7 of the Act prior to developing projects               Population Establishment and Survival)                in addition to the Shirley Basin site. The
                                           (USFWS 2013c).                                          and a history of successful ferret                    main requirements for ferret
                                              In 1991, a reintroduced population of                management at Shirley Basin since                     reintroduction are: (1) An area of
                                           ferrets was established in Shirley Basin,               1991. Additional viable ferret                        occupied prairie dog habitat that is
                                           Wyoming as an NEP in accordance with                    populations within Wyoming will aid                   purposefully managed and of sufficient
                                           section 10(j) of the Act. In 2001, the                  recovery of the species.                              size to support a viable population of
                                           Wolf Creek, Colorado, reintroduction                                                                          ferrets (a minimum of 1,500 ac (608 ha)
                                           site was also established as an NEP                     Location of the Nonessential                          of black-tailed prairie dog occupied
                                           under section 10(j), and includes a small               Experimental Population Area                          habitat or 3,000 ac (1,215 ha) of white-
                                           portion of Sweetwater County,                              The NEP area for Wyoming is                        tailed or Gunnison’s prairie dog
                                           Wyoming, in the experimental                            Statewide, with the exception of the two              occupied habitat); (2) a willing
                                           population area. However, no evidence                   areas where a NEP designation for                     landowner; and (3) a management plan
                                           of ferrets from the Wolf Creek                          black-footed ferret already exists (see               that addresses sylvatic plague. Recent
                                           reintroduction effort has been found in                 below). In combination, these three                   estimates of prairie dog occupied habitat
                                           Sweetwater County or elsewhere in                       NEPs collectively cover the entire State              in Wyoming include 2,893,487 ac
                                           Wyoming. The Shirley Basin NEP                          of Wyoming. Suitable habitat for ferret               (1,171,862 ha) in the white-tailed prairie
                                           persists today. The map at the                          reintroduction will likely be limited to              dog range and 229,607 ac (92,991 ha) in
                                           conclusion of this rule identifies the                  Albany, Big Horn, Campbell, Carbon,                   the black-tailed prairie dog range (Van
                                           existing NEPs in Wyoming.                               Converse, Crook, Fremont, Goshen, Hot                 Pelt 2013, pp. 8, 14). Luce (2008, pp.
                                                                                                   Springs, Johnson, Laramie, Lincoln,                   28–31) identified several sites in
                                           Relationship of the Experimental                        Natrona, Niobrara, Park, Platte,                      Wyoming with potential for ferret
                                           Population to Recovery Efforts                          Sheridan, Sublette, Sweetwater, Uinta,                reintroduction including one site with
                                              All known black-footed ferrets in the                Washakie, and Weston Counties because                 potential for reintroduction within less
                                           wild are the result of reintroduction                   these counties have sufficient prairie                than 3 years, 24 sites with potential for
                                           efforts. There have been 24 ferret                      dog habitat to support viable ferret                  reintroduction within 3 to 10 years, and
                                           reintroduction projects, beginning in                   populations. We are not aware of any                  two sites with long-term potential for
                                           1991, at Shirley Basin in the                           prairie dog complexes suitable for ferret             reintroduction.
                                           southeastern portion of Wyoming.                        reintroduction on or adjacent to Tribal
                                           Shirley Basin contains the only ferret                  lands in Wyoming. The nearest                         Likelihood of Population Establishment
                                           population currently in Wyoming.                        potential reintroduction sites to Tribal              and Survival
                                              The downlisting criteria for the black-              lands are two white-tailed prairie dog                   The Service and its partners have
                                           footed ferret include establishing at least             complexes––Fifteen-mile Complex near                  initiated 24 black-footed ferret
                                           1,500 free-ranging breeding adults in 10                Worland in Hot Springs County and                     reintroduction projects since 1991.
                                           or more populations, in at least 6 of 12                Sweetwater Complex near Sweetwater                    These projects have experienced varying
                                           States within the historical range of the               Station in Fremont County (Luce 2008,                 degrees of success. However, all
                                           species, with no fewer than 30 breeding                 pp. 29–30). Both sites are of                         reintroduction efforts have contributed
                                           adult ferrets in any population; delisting              intermediate potential for ferret                     to our understanding of the species’
                                           criteria include establishing at least                  reintroduction and are located                        needs. Recovery of the species is a
                                           3,000 free-ranging breeding adults in 30                approximately 19 miles (30 kilometers)                dynamic process that requires adaptive
                                           or more populations, in at least 9 of 12                from any reservation boundaries.                      management.
                                           States within the historical range of the                  Any ferrets found in Wyoming would                    Some transfers of individual black-
                                           species, with no fewer than 30 breeding                 be considered part of an NEP. There are               footed ferrets between populations will
                                           adults in any population (USFWS                         many historical records of ferrets in                 likely be necessary in perpetuity to
                                           2013a, pp. 61–62). In our recovery plan                 Wyoming (Anderson et al. 1986, pp. 36–                maintain genetic diversity in the face of
                                           for the ferret, we suggest recovery                     37). However, the species has been                    habitat fragmentation and as a
                                           guidelines for the States that are                      extirpated from the State since 1987,                 management tool for sylvatic plague
                                           proportional to the amount of prairie                   with the exception of a reintroduced                  (until additional plague vaccines can be
                                           dog habitat historically present. A                     ferret population in the Shirley Basin.               adapted for field use). Nevertheless, we
                                           proportional share for Wyoming would                    As previously noted, a 10(j) designation              believe that recovery can be achieved
                                           include approximately 171 free-ranging                  already exists for the Shirley Basin                  through a combination of expansion of
                                           breeding adult ferrets to meet their                    ferret population in Albany County and                ferret populations at existing
                                           portion of the rangewide numerical goal                 portions of Carbon and Natrona                        reintroduction sites and reintroduction
                                           for downlisting and 341 breeding adults                 Counties that are east of the North Platte            of ferrets at new sites, both of which are
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                                           to meet their portion of the rangewide                  River. A 10(j) designation also exists for            possible if conservation of prairie dog
                                           numerical goal for delisting (USFWS                     the Wolf Creek, Colorado, ferret                      occupied habitat and disease
                                           2013a, Table 8).                                        reintroduction site, which includes a                 management are aggressively pursued.
                                              Approximately 100 breeding adult                     small portion of Sweetwater County in                    Participation by all States within the
                                           black-footed ferrets have been                          Wyoming. Both of these reintroduction                 historical range of the black-footed ferret
                                           established at Shirley Basin, Wyoming                   sites would remain outside the                        is important to maximize resilience of


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                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                          66825

                                           ferret populations in the wild and to                   species’ range, beginning in the late                 term site management before, during,
                                           allow for an equitable distribution of the              1800s; (2) poisoning of prairie dogs to               and after releases. Partners will collect
                                           responsibility for achieving recovery                   reduce competition with domestic                      habitat data for site evaluation and
                                           goals. Federal, State, and local agencies               livestock for forage, beginning in the                documentation of baseline conditions
                                           in Wyoming have been active                             early 1900s; and (3) the inadvertent                  and develop management plans for
                                           participants in ferret recovery since the               introduction of sylvatic plague, which                prairie dogs and plague prior to any
                                           last wild population was found at                       causes mortality to both ferrets and                  release of black-footed ferrets. All
                                           Meeteetse in 1981. We estimate 100                      prairie dogs, beginning in the 1930s.                 applicable laws regulating the
                                           breeding adult ferrets are already                      The combined effects of these three                   protection of ferrets will be followed
                                           established at Shirley Basin. The                       factors resulted in a rangewide decrease              (see section on Management
                                           suggested numerical recovery guidelines                 in the amount of habitat occupied by                  Considerations and Protective
                                           for Wyoming are 171 breeding adults to                  prairie dogs from approximately 100                   Measures, below). Partners will develop
                                           support the State’s share of the                        million ac (40.5 million ha) historically
                                                                                                                                                         annual site-specific reintroduction plans
                                           rangewide downlisting target and 341                    to 1.4 million ac (570,000 ha) in the
                                                                                                                                                         and submit them to the Service by mid-
                                           breeding adults to support the State’s                  1960s (USFWS 2013a, pp. 23–24). This
                                           share of the rangewide delisting target.                habitat loss and fragmentation resulted               March as part of an annual ferret
                                           Meeting their portion of the rangewide                  in a corresponding decrease in ferrets,               allocation process (which allocates
                                           numerical goal for downlisting would                    which require relatively large areas of               available captive ferrets for release in
                                           require establishing one additional large               prairie dog occupied habitat to maintain              specific numbers for specific sites).
                                           reintroduction site similar to Shirley                  viable populations. By the 1960s, only                Reintroduction plans will include
                                           Basin or two to three smaller sites.                    two remnant ferret populations                        current estimates of prairie dog numbers
                                           Meeting their portion of the rangewide                  remained—in Mellette County, South                    and density, disease prevalence and
                                           numerical goal for delisting would                      Dakota, and in Meeteetse, Wyoming                     management, and proposed
                                           require establishing two large sites, six               (Lockhart et al. 2006, pp. 7–8).                      reintroduction and monitoring methods.
                                           small sites, or a combination of large,                    Wyoming has had less rangeland                     If the reintroduction plan covers years
                                           medium, and small sites, in addition to                 converted to cropland than most other                 subsequent to the initial releases, it will
                                           the sites previously established for                    States within the historical range of the             also include a recent description of the
                                           meeting their portion of the rangewide                  black-footed ferret (U.S. Department of               status of ferrets on the site.
                                           numerical goal for downlisting. The                     Agriculture 2005, Table 1).                              All reintroduction efforts will follow
                                           Recovery Plan estimates that 35,000 ac                  Consequently, prairie dog poisoning and
                                                                                                                                                         techniques described in Roelle et al.
                                           (14,000 ha) of purposefully managed                     sylvatic plague are likely the two
                                                                                                                                                         (2006) as appropriate, which presents
                                           prairie dog occupied habitat will be                    primary reasons for extirpation of ferrets
                                                                                                   from the State. Extensive poisoning of                recommendations for managing captive
                                           needed to meet Wyoming’s portion of
                                                                                                   prairie dogs had begun in Wyoming by                  populations, evaluating potential
                                           the rangewide habitat goal for
                                           downlisting and 70,000 ac (28,000 ha) to                1916 (Clark 1973, p. 89), and plague was              habitat, reestablishing populations, and
                                           meet their portion of the rangewide                     present in Wyoming by 1936 (Eskey and                 managing disease. Captive-reared black-
                                           habitat goal for delisting (USFWS 2013a,                Haas 1940, p. 4). Occupied prairie dog                footed ferrets exposed to prairie dog
                                           Table 8). This equates to purposeful                    habitat reached a low in Wyoming in                   burrows and natural prey in outdoor
                                           management of approximately 2 percent                   the early 1960s when approximately                    preconditioning pens prior to their
                                           of prairie dog occupied habitat in                      64,336 ac (26,056 ha) were reported                   release survive in the wild at
                                           Wyoming to meet their portion of the                    (U.S. Bureau of Sport Fisheries and                   significantly higher rates than cage-
                                           rangewide habitat goal for delisting.                   Wildlife 1961, Table 1). However, large-              reared, non-preconditioned ferrets
                                              Sustaining black-footed ferret                       scale poisoning of prairie dogs no longer             (Biggins et al. 1998, pp. 651–652; Vargas
                                           numbers during periodic outbreaks of                    occurs, and the use of poisons is more                et al. 1998, p. 77). Therefore, all captive-
                                           sylvatic plague will require ongoing                    closely regulated than it was                         reared ferrets released within the
                                           management, potentially including                       historically. Improved plague                         Wyoming NEP area will receive
                                           dusting prairie dog burrows with flea                   management, including dusting prairie                 adequate preconditioning in outdoor
                                           control powder and vaccinating ferrets                  dog burrows with insecticide to control               pens at the National Black-footed Ferret
                                           prior to release. Additionally, research                fleas (the primary vector for plague                  Conservation Center or at another
                                           is currently underway investigating the                 transmission), is also being used, and                facility approved by the Service. We
                                           potential for supporting ferrets at                     the development of vaccines that                      will vaccinate all ferrets for canine
                                           reintroduction sites by providing a                     prevent plague in prairie dogs and                    distemper and sylvatic plague, and mark
                                           vaccine to wild prairie dogs via oral                   black-footed ferrets is underway. The                 them with passive integrated
                                           bait.                                                   most recent surveys estimate 3,123,094                transponder tags prior to release. We
                                              Based upon the past history of                       ac (1,264,853 ha) of occupied prairie                 will transport ferrets to the
                                           successful management at Shirley Basin,                 dog habitat in Wyoming (Van Pelt 2013,
                                                                                                                                                         reintroduction site and release them
                                           Wyoming, and the substantial amount of                  pp. 8, 14). This considerable increase
                                                                                                                                                         directly from transport cages into prairie
                                           prairie dog occupied habitat available                  over the past 50 years indicates that
                                                                                                                                                         dog burrows. In conformance with
                                           for additional reintroduction of black-                 there has been a reduction in threats
                                                                                                                                                         standard ferret reintroduction protocol,
                                           footed ferrets, we believe there is a high              and improved management of prairie
                                           likelihood of population establishment                  dogs. This increases the likelihood of                no fewer than 20 captive-raised or wild-
                                           and survival in Wyoming.                                successful reintroduction of ferrets in               translocated ferrets will be released at
                                                                                                   Wyoming.                                              any reintroduction site in Wyoming
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                                           Addressing Causes of Extirpation                                                                              during the first year of the project.
                                             The black-footed ferret rangewide                     Release Procedures                                    Twenty or more additional animals will
                                           population declined for three principal                   The Service will cooperate with other               be released annually for the next 2 to 4
                                           reasons: (1) A major conversion of                      Federal agencies, WGFD, Tribes,                       years. Released ferrets will be excess to
                                           native rangeland to cropland,                           landowners, and other stakeholders to                 the needs of the captive-breeding
                                           particularly in the eastern portion of the              develop, implement, and maintain long-                program.


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                                           66826             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

                                           Donor Stock Assessment and Effects on                   Therefore, there will be no effects on                a self-sustaining population, which will
                                           Captive or Wild-Born Donor Populations                  donor populations beyond those which                  contribute to the recovery of the species.
                                              Eighteen black-footed ferrets were                   are intended and accounted for in the
                                                                                                                                                         Management Considerations and
                                           captured from the last wild population                  management of wild or captive
                                                                                                                                                         Protective Measures
                                           at Meeteetse, Wyoming in 1985–1987,                     populations.
                                                                                                                                                            We conclude that the effects of
                                           and used to initiate a captive-breeding                 Status of Proposed Population                         Federal, State, or private actions and
                                           program (Lockhart et al. 2006, pp. 11–                                                                        activities will not pose a substantial
                                           12). Of the 18 captured ferrets, 15                        The effects of using black-footed
                                                                                                   ferrets from any captive or wild-born                 threat to black-footed ferret
                                           individuals, representing the genetic                                                                         establishment and persistence in
                                           equivalent of 7 distinct founders,                      donor populations for releases into the
                                                                                                   Wyoming NEP area will be examined                     Wyoming because most activities
                                           produced a captive population that is                                                                         currently occurring in the NEP area are
                                           the foundation of present recovery                      through our section 10 permitting
                                                                                                   authority and section 7 consultation                  compatible with ferret recovery and
                                           efforts (Garelle et al. 2006, p. 4). Extant                                                                   there is no information to suggest that
                                           populations, both captive and                           process to ensure that their use is not
                                                                                                   likely to jeopardize the continued                    future activities would be incompatible
                                           reintroduced, descend from these                                                                              with ferret recovery. We base this
                                           ‘‘founder’’ animals. The purpose of the                 existence of the species in the wild. We
                                                                                                   based this determination on the                       conclusion on experience at previous
                                           captive-breeding program is to provide                                                                        reintroduction sites, where incidental
                                           animals for reintroduction to achieve                   following: (1) As an NEP, black-footed
                                                                                                   ferrets utilized for reintroductions are              take associated with otherwise lawful
                                           recovery of the species, while                                                                                activities such as ranching and energy
                                           maintaining maximum genetic diversity                   not essential to the survival of the
                                                                                                   species; (2) The 10(j) rule is expected to            development has been low. Poisoning of
                                           in the captive population (USFWS                                                                              prairie dogs can occur in prairie dog
                                           2013a, p. 81).                                          result in the creation of additional
                                                                                                   reintroduction areas in Wyoming; (3)                  habitat and could result in habitat loss
                                              Black-footed ferrets used to establish                                                                     or incidental take of ferrets. However,
                                           any experimental population in the                      Measures to avoid and minimize the
                                                                                                   incidental take of black-footed ferrets               poisoning within a reintroduction site is
                                           Wyoming NEP area will either be                                                                               very restricted, occurring only in
                                           translocated wild-born kits from another                will be implemented within
                                                                                                   reintroduced populations; (4) The 10(j)               specific instances where protection of
                                           self-sustaining reintroduced population                                                                       residences, resources, or infrastructure
                                           (such as Shirley Basin) or come from                    rule will likely constitute a beneficial
                                                                                                   effect for the black-tailed and white-                on participating farm and ranch lands
                                           one of six captive-breeding populations                                                                       becomes necessary. These
                                           currently housed at the U.S. Fish and                   tailed prairie dog, as it includes
                                                                                                                                                         considerations are planned for in
                                           Wildlife Service National Black-footed                  measures to reduce the incidence of
                                                                                                                                                         cooperation with participating
                                           Ferret Conservation Center near                         sylvatic plague, the primary factor
                                                                                                                                                         landowners and stakeholders and
                                           Wellington, Colorado; the Cheyenne                      responsible for the decline of these two
                                                                                                                                                         documented in site-specific
                                           Mountain Zoological Park, Colorado                      species. This will result in an increase
                                                                                                                                                         management plans that must be
                                           Springs, Colorado; the Louisville                       in the reproduction, numbers and
                                                                                                                                                         approved by the Service before ferrets
                                           Zoological Garden, Louisville,                          distribution of the black-footed ferret,
                                                                                                                                                         are allocated to any reintroduction sites.
                                           Kentucky; the Smithsonian Biology                       and therefore not resulting in reducing
                                                                                                                                                         Poisoning with the anticoagulant Rozol®
                                           Conservation Institute, Front Royal,                    appreciably the likelihood of survival
                                                                                                                                                         at current and future reintroduction
                                           Virginia; the Phoenix Zoo, Phoenix,                     and recovery.
                                                                                                                                                         sites, however, is prohibited by
                                           Arizona; or the Toronto Zoo, Toronto,                      Additional successful reintroductions              Environmental Protection Agency label
                                           Ontario.                                                of ferrets are necessary for recovery of              that governs use of Rozol (USFWS
                                              The Service and its partners maintain                the species. Once this rule takes effect              2013a, p. 50). Prairie dog control
                                           a captive-breeding population of                        (see DATES, above), any releases of                   programs may also be necessary at the
                                           approximately 280 breeding adult black-                 ferrets in Wyoming will be part of an                 boundary between ferret reintroduction
                                           footed ferrets in order to provide a                    NEP because of the need for increased                 sites and adjacent properties in order to
                                           sustainable source of ferrets for                       management flexibility, which will                    maintain local support for the
                                           reintroduction. The captive-breeding                    encourage landowner participation and                 reintroduction. If boundary control is
                                           facilities produce approximately 120 to                 alleviate concerns regarding possible                 necessary because prairie dogs have
                                           240 juvenile ferrets annually.                          land use restrictions.                                encroached onto adjacent properties
                                           Approximately 80 juveniles are retained                    This 10(j) rule is designed to broadly             where prairie dogs are not wanted, it is
                                           annually at these facilities for future                 exempt from the section 9 take                        carefully managed. Lethal control of
                                           captive-breeding purposes. The                          prohibitions any take of black-footed                 prairie dogs should not be employed at
                                           remaining juveniles are allocated                       ferrets that is incidental to otherwise               a level that would reduce prairie dog
                                           annually for reintroduction, or                         lawful activities. We provide this                    occupied habitat to the extent that the
                                           occasionally for research (USFWS                        exemption because we believe that such                viability of any potential ferret
                                           2013a, p. 81). Ferrets selected for                     incidental take of members of the NEP                 population is compromised—a
                                           reintroduction under this final rule will               associated with otherwise lawful                      minimum of 1,500 ac (608 ha) of black-
                                           be genetically redundant to animals                     activities is necessary and advisable for             tailed prairie dog occupied habitat or
                                           maintained for captive-breeding.                        the conservation of the species.                      3,000 ac (1,215 ha) of white-tailed or
                                           Consequently, any loss of reintroduced                     This designation is justified because              Gunnison’s prairie dog occupied habitat
                                           ferrets will not impact the genetic                     no adverse effects to extant wild or                  is needed to sustain a viable ferret
                                           diversity of the species. Only ferrets that             captive black-footed ferret populations               population.
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                                           are surplus to the needs of the captive-                will result from release of progeny from                 The Service will coordinate closely
                                           breeding program are used for                           either a wild or captive donor                        with WGFD and other partners in the
                                           reintroduction into the wild. Therefore,                population onto a new reintroduction                  management of any black-footed ferrets
                                           any loss of an experimental population                  site. We also expect that any                         in Wyoming that are reintroduced under
                                           in the wild will not threaten the                       reintroduction efforts in Wyoming will                section 10(j) authorities. Management of
                                           survival of the species as a whole.                     result in the successful establishment of             ferret populations in the Wyoming NEP


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                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                        66827

                                           area will be guided by provisions in                    development, livestock grazing,                          Management issues related to the
                                           site-specific management plans                          recreation, and timber harvesting, while              black-footed ferret Wyoming NEP area
                                           developed by partners (WGFD) with                       protecting the natural, cultural, and                 that have been considered include:
                                           input from any affected landowners and                  historical resources on those lands. The                 (a) Incidental Take: The regulations
                                           stakeholders such as U.S Animal and                     BLM manages listed and sensitive                      implementing the Act define
                                           Plant Health Inspection Service, U.S.                   species under guidance provided in the                ‘‘incidental take’’ as take that is
                                           Bureau of Land Management (BLM),                        BLM MS–6840 Manual—Special Status                     incidental to, and not the purpose of,
                                           U.S. Forest Service (USFS), Natural                     Species Management. The Manual                        carrying out an otherwise lawful activity
                                           Resources Conservation Service,                         directs BLM to proactively conserve                   (50 CFR 17.3), such as agricultural
                                           Wyoming Department of Agriculture, or                   species listed under the Act and the                  activities and other rural development,
                                           potentially affected Tribes. The                        ecosystems upon which they depend,                    and other activities that are in
                                           responsibilities and commitments of the                 ensure that all actions authorized or                 accordance with Federal, State, Tribal,
                                           participating agencies will be                          carried out by BLM are in compliance                  and local laws and regulations.
                                           documented in the management plan.                      with the Act, and cooperate with the                  Experimental population rules contain
                                           As mentioned above, management plans                    planning and recovery of listed species.              specific prohibitions and exceptions
                                           must be approved by the Service before                  The BLM has experience in managing                    regarding the taking of individual
                                           ferrets are allocated to any                            the black-footed ferret at four                       animals. Once this 10(j) rule becomes
                                           reintroduction sites.                                   reintroduction sites in four States that              effective, incidental take of black-footed
                                              Management plans will be site-                       occur at least in part on lands it                    ferrets within the Wyoming NEP area
                                           specific with management strategies                     manages, including Shirley Basin,                     will not be prohibited, provided that the
                                           based on site-specific characteristics                  Wyoming, and Wolf Creek, Colorado,                    take is unintentional and is in
                                           (e.g., prairie dog distribution and                     which includes a small portion of                     accordance with this 10(j) rule.
                                           expansion potential, sylvatic plague                    Sweetwater County, Wyoming.                           However, if there is evidence of
                                           history, ferret movement barriers) and                  Therefore, we anticipate appropriate                  intentional take of this species within
                                           land use patterns (e.g., livestock grazing,             management by BLM on any future                       the NEP area that is not authorized by
                                           recreational use, mineral development                   ferret reintroduction sites that include              the 10(j) rule, we would refer the matter
                                           potential). Management plans are                        BLM lands.                                            to the appropriate law enforcement
                                           tailored to achieve conservation                          (2) National Forest Management Act                  entities for investigation.
                                           objectives using management strategies                  of 1976, as amended (16 U.S.C. 1600 et                   (b) Special handling: In accordance
                                           compatible with existing ranch,                         seq.)—The National Forest Management                  with 50 CFR 17.21(c)(3), any employee
                                           livestock, and mineral extraction                       Act instructs the USFS to strive to                   or agent of the Service or of a State
                                           operations so that neither lifestyles nor               provide for a diversity of plant and                  wildlife agency may in the course of
                                           income potential are negatively affected.               animal communities when managing                      their official duties, handle black-footed
                                           We expect that future management                        national forest lands. The USFS                       ferrets to aid sick or injured ferrets, or
                                           plans under this 10(j) rule will have                   identifies species listed as endangered               to salvage dead ferrets. Employees or
                                           many similarities to past plans for other               or threatened under the Act, including                agents of other Federal, Tribal, or State
                                           reintroduction sites. Some examples of                  the black-footed ferret, as Category 1                agencies would need to acquire the
                                           management strategies for Shirley Basin                 species at risk based on rangewide and                necessary permits from the Service for
                                           in Wyoming include: (1) Attempting to                   national imperilment. The USFS has                    these activities.
                                           schedule ferret releases so overlap with                experience in managing the black-footed                  (c) Coordination with landowners and
                                           hunting opening weekends does not                       ferret at one reintroduction site in South            land managers: This NEP designation
                                           occur; (2) allowing landowners and land                 Dakota that occurs at least in part on                under section 10(j) of the Act was
                                           managers the opportunity to                             USFS lands. Therefore, we anticipate                  discussed with potentially affected State
                                           cooperatively decide the number and                     appropriate management by the USFS                    and Federal agencies, Tribes, local
                                           distribution of prairie dogs (and                       on any future ferret reintroduction sites             governments, and other stakeholders
                                           correspondingly ferrets) that may occur                 that include USFS lands.                              within the expected reestablishment
                                           on privately owned and leased lands; (3)                  (3) Wyoming State Law—The                           area. These agencies, landowners, and
                                           annually obtaining landowner approval                   responsibilities of WGFD are defined in               land managers have either indicated
                                           of human activity necessary for actions                 Wyoming Statute section 23–1–103,                     support for, or no opposition to, the
                                           specified in this plan; (4) biannual                    which instructs the WGFD to provide an                establishment of future populations,
                                           review of the progress of ongoing                       adequate and flexible system for the                  provided an NEP is designated and a
                                           activities by all concerned parties. Other              control, management, protection, and                  rule is promulgated to exempt
                                           management plans may contain                            regulation of all Wyoming wildlife. The               incidental take from the section 9 take
                                           provisions similar to these, although the               Statute defines the black-footed ferret as            prohibitions. The Service and the
                                           specific content and details will vary by               a protected animal. The WGFD also                     WGFD will continue to coordinate to
                                           site.                                                   defines the ferret as a ‘‘species of                  ensure local communities are fully
                                              Most of the area containing suitable                 greatest conservation need’’ (Wyoming                 engaged in any future black-footed ferret
                                           release sites with high potential for                   Game and Fish Department 2010, pp.                    reintroduction efforts.
                                           ferret establishment is managed by the                  IV–2–10–IV–2–13). This final rule has                    (d) Public awareness and cooperation:
                                           BLM, the USFS, or private landowners,                   been developed in cooperation with the                We informed the general public of the
                                           and is currently protected through the                  State to address any concerns and                     importance of this reintroduction
                                           following mechanisms.                                   initiate additional ferret reintroductions            project for the overall recovery of the
                                              (1) Federal Land Policy and                          in Wyoming. The WGFD has                              black-footed ferret through the proposed
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                                           Management Act of 1976 (43 U.S.C.                       successfully managed the ferret at the                rule and associated public meetings. We
                                           1701 et seq.)—The BLM’s mission is set                  Shirley Basin Reintroduction site since               notified a comprehensive list of
                                           forth under the Federal Land Policy and                 1991. Therefore, we anticipate                        stakeholders of the meetings including
                                           Management Act, which mandates that                     appropriate management by WGFD on                     affected Federal and State agencies,
                                           BLM manage public land resources for                    any future ferret reintroduction sites in             Tribal entities, local governments,
                                           a variety of uses, such as energy                       Wyoming.                                              landowners, nonprofit organizations,


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                                           66828                   Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

                                           and other interested parties. The                                      reintroduction opportunities and                                   federally listed, proposed (any species
                                           comments we received are listed in the                                 provide greater flexibility in                                     of fish, wildlife, or plant that is
                                           final EA, were included in the                                         management of the reintroduced ferret.                             proposed in the Federal Register to be
                                           formulation of alternatives considered                                 The NEP designation is necessary to                                listed), and candidate (the Service has
                                           in the NEPA process, and are                                           secure needed cooperation of the State,                            concluded that they should be proposed
                                           considered in this final rule designating                              landowners, and other interests in the                             for listing) species in Wyoming. These
                                           an NEP area for reintroduced black-                                    affected area.                                                     species are identified in the following
                                           footed ferrets in Wyoming. Designation                                    (e) Potential impacts to other federally                        table.
                                           of the NEP area will increase                                          listed species: There are several

                                                                             TABLE 1—FEDERALLY LISTED, PROPOSED, AND CANDIDATE SPECIES IN WYOMING
                                                                                                   Species                                                                         Current status in Wyoming under the act

                                           Black-footed ferret (Mustela nigripes) ..............................................................................           Shirley Basin NEP.
                                           Gray wolf (Canis lupus) ...................................................................................................     NEP in Wyoming.
                                           Whooping crane (Grus americana) .................................................................................               Endangered.
                                           Interior least tern (Sterna antillarum) ...............................................................................         Endangered.
                                           Piping plover (Charadrius melodus) ................................................................................             Threatened.
                                           Wyoming toad (Bufo baxteri) ...........................................................................................         Endangered.
                                           Bonytail (Gila elegans) .....................................................................................................   Endangered.
                                           Colorado pikeminnow (Ptychocheilus lucius) ..................................................................                   Endangered.
                                           Humpback chub (Gila cypha) ..........................................................................................           Endangered.
                                           Razorback sucker (Xyrauchen texamus) .........................................................................                  Endangered.
                                           Kendall Warm Springs dace (Rhinichthys osculus thermalis) .........................................                             Endangered.
                                           Pallid sturgeon (Scaphirhynchus albus) ..........................................................................               Endangered.
                                           Blowout penstemon (Penstemon haydenii) .....................................................................                    Endangered.
                                           Canada lynx (Lynx canadensis) ......................................................................................            Threatened, with critical habitat.
                                           Grizzly bear (Ursus arctos horribilis) ...............................................................................          Threatened.
                                           Preble’s meadow jumping mouse (Zapus hudsonius preblei) ........................................                                Threatened.
                                           Yellow-billed cuckoo (Coccyzus americanus) .................................................................                    Threatened, with critical habitat proposed.
                                           Colorado butterfly plant (Gaura neomexicana coloradensis) ..........................................                            Threatened, with critical habitat.
                                           Desert yellowhead (Yermo xanthocephalus) ...................................................................                    Threatened, with critical habitat.
                                           Western prairie fringed orchid (Platanthera praeclara) ...................................................                      Threatened.
                                           Ute ladies’-tresses (Spiranthes diluvialis) ........................................................................            Threatened.
                                           Northern long-eared bat (Myotis septentrionalis) ............................................................                   Threatened.
                                           Greater sage-grouse (Centrocercus urophasianus) ........................................................                        Candidate at the time of the proposed 10(j) rule, recently
                                                                                                                                                                             found to be not warranted for listing.
                                           Fremont County rockcress (Boechera pusilla) ................................................................                    Candidate.
                                           Whitebark pine (Pinus albicaulis) ....................................................................................          Candidate.



                                              Nearly all of the aforementioned                                    requires large expanses of intact habitat,                         non-targeted species; and (3) there are
                                           species have habitat requirements such                                 although it is dependent on prairie dogs,                          approximately 43,000,000 acres of
                                           as forests, dunes, wetlands, or river                                  not sagebrush. However, some prairie                               estimated greater sage-grouse habitat in
                                           systems that differ from the grassland                                 dog habitat, particularly white-tailed                             Wyoming. To meet delisting guidelines
                                           prairie habitat requirements for the                                   prairie dog habitat, contains sagebrush.                           in the Black-footed Ferret Recovery
                                           black-footed ferret. The only species                                     Direct adverse effects to greater sage-                         Plan, there must be 70,000 acres of
                                           that may be affected by reintroduction                                 grouse can occur from the application of                           prairie dog habitat. Thus, most greater
                                           projects for the ferret in the Wyoming                                 zinc phosphide-based pesticides to                                 sage-grouse habitat in Wyoming would
                                           NEP area, other than the ferret, is the                                manage expanding prairie dog colonies                              not be impacted by the proposed action.
                                           greater sage-grouse. At the time of the                                at reintroduction sites. Because the                                  (f) Monitoring and Evaluation:
                                           proposed 10(j) rule, the greater sage-                                 application of zinc phosphide will                                 Monitoring is a required element of all
                                           grouse was a candidate species.                                        occur in July through February, greater                            black-footed ferret reintroduction
                                           Recently, the Service determined that                                  sage-grouse (males, hens, and broods)                              projects. The following types of
                                           the greater sage-grouse is no longer                                   may ingest zinc phosphide and become                               monitoring will be conducted.
                                           warranted for listing under the Act (80                                sickened or die. We determined that the                               Reintroduction Effectiveness
                                           FR 59858; October 2, 2015). The greater                                issuance of this Federal rule to                                   Monitoring: Partners will monitor
                                           sage-grouse requires large,                                            designate the black-footed ferret as a                             population demographics and potential
                                           interconnected expanses of sagebrush                                   nonessential experimental population in                            sources of mortality, including plague,
                                           (Connelly et al. 2004, p. 3–2; Stiver et                               the State of Wyoming in accordance                                 annually for 5 years following the last
                                           al. 2006, p. I–2; Knick and Connelly                                   with section 10(j) of the Act is not likely                        release using spotlight surveys, snow
                                           2011, p. 1). Habitat loss, degradation,                                to jeopardize the continued existence of                           tracking, other visual survey techniques,
                                           and fragmentation are the primary                                      the greater sage-grouse based on the                               and possibly radio-telemetry of some
                                           stressors to the greater sage-grouse. A                                following: (1) The use of zinc phosphide                           individuals. Thereafter, demographic
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                                           detailed description of the species’                                   is anticipated to be relatively rare at                            and genetic surveys will be completed
                                           natural history, seasonal habitats,                                    reintroduction sites, which minimizes                              periodically to track population status.
                                           threats, and population trends can be                                  exposure risk; (2) zinc phosphide can                              Surveys will incorporate methods to
                                           found in the Service’s recent 12-month                                 only be applied by a certified pesticide                           monitor breeding success and long-term
                                           not warranted finding (80 FR 59858;                                    applicator, which minimizes                                        survival rates. In general, the Service
                                           October 2, 2015). The ferret also                                      misapplication and exposure risk to                                anticipates that monitoring will be


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                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                           66829

                                           conducted by the lead for each                          29 comment letters addressing the                     a lead role in recovery for the black-
                                           reintroduction site, which in Wyoming                   proposed rule and several comments                    footed ferret in Wyoming under this
                                           will be the WGFD and participating                      that were not relevant to the proposed                10(j) rule, likely conducting the actual
                                           partners. The WGFD will present                         rule. All substantive information                     on-the-ground ferret reintroduction and
                                           monitoring results in their annual                      provided during comment periods has                   management work. This situation is in
                                           reports.                                                either been incorporated directly into                no way unprecedented, as on-the-
                                              Donor Population Monitoring: Ferrets                 this final determination or addressed                 ground reintroduction efforts under
                                           used for reintroduction will either be                  below.                                                10(j) are often managed by non-Service
                                           from the captive-breeding population or                                                                       groups, including state agencies, non-
                                           translocated from another viable                        Peer Review
                                                                                                                                                         governmental organizations, and Tribes.
                                           reintroduction site. Ferrets in the                        In accordance with our peer review                 The Service considers participation by
                                           captive-breeding population are                         policy published on July 1, 1994 (59 FR               the WGFD invaluable to this recovery
                                           managed and monitored in accordance                     34270), we solicited expert opinion                   effort given their long history with
                                           with the Association of Zoos and                        from three knowledgeable individuals                  black-footed ferret conservation and
                                           Aquariums (AZA) Black-footed Ferret                     with scientific expertise that included               recovery, leadership in successful
                                           Species Survival Plan (SSP®). A                         familiarity with the black-footed ferret              reintroductions in Shirley Basin (also
                                           breeding population of 280 animals will                 and its habitat, biological needs,                    under a 10(j) rule), intimate knowledge
                                           be maintained to provide a sustainable                  recovery efforts, and threats. We                     of local biological conditions, and
                                           source of ferrets for reintroduction. The               received responses from all three of the              familiarity with local landowners and
                                           AZA SSP® Husbandry Manual provides                      peer reviewers.                                       other stakeholders.
                                           up-to-date protocols for the care,                         We reviewed all comments we                           This cooperative approach is
                                           propagation, preconditioning, and                       received from the peer reviewers for                  consistent with our 2013 Memorandum
                                           transportation of captive ferrets, and is               substantive issues and new information                Of Uderstanding (MOU), which
                                           used at all participating captive-                      regarding the establishment of a                      committed the Service, the State of
                                           breeding facilities. Ferrets may also be                nonessential experimental population                  Wyoming, and other Federal partners
                                           translocated from other reintroduction                  designation for black-footed ferret in the            (‘‘Parties’’) to work collaboratively to
                                           sites (which also originated from captive               State of Wyoming. In general, the peer                develop and implement the NEP area
                                           sources), provided their removal will                   reviewers stated that the proposed rule               designation (WGFD and USFWS 2013).
                                           not create adverse impacts upon the                     provided an accurate summation of the                 This MOU includes the following
                                           donor population and provided                           best available scientific information on              guiding principles, among others: (1)
                                           appropriate permits are issued in                       the biology, current status, and recovery             The Parties agree that they will
                                           accordance with our regulations (50                     efforts for black-footed ferret, and that             collaboratively identify, and prioritize,
                                           CFR 17.22) prior to their removal.                      the proposed establishment of an NEP                  prospective ferret reintroduction sites in
                                           Population monitoring will be                           area in Wyoming to facilitate black-                  Wyoming outside of the current 10(j)
                                           conducted at all donor sites.                           footed ferret reintroduction is well                  areas (i.e., Shirley Basin and Wolf
                                              Monitoring Impacts to Other Listed                   supported by the best available                       Creek); and (2) the Parties agree that
                                           Species: We do not expect impacts to                    scientific information. The peer                      future reintroductions of the ferret will
                                           other federally listed species (see                     reviewers generally concurred with our                be based on mutually affirmed
                                           discussion under (e), above). The greater               methods and conclusions, and provided                 prioritization of prospective
                                           sage-grouse is the only species with                    additional information, clarifications,               reintroduction sites (WGFD and USFWS
                                           habitat that might overlap with the                     and suggestions to improve the final                  2013, pp. 5–6).
                                           black-footed ferret. However, we do not                 rule. Peer reviewer comments are                         The Service will continue to play an
                                           expect ferret reintroduction efforts to                 addressed in the following summary                    active role in black-footed ferret
                                           adversely impact greater sage-grouse for                and incorporated into the final rule as               recovery in Wyoming as outlined in the
                                           the reasons previously discussed. The                   appropriate.                                          MOU and through the Service’s
                                           WGFD conducts annual monitoring of                                                                            oversight of the black-footed ferret
                                                                                                   Peer Reviewer Comments                                allocation process. The Service
                                           the greater sage-grouse statewide.
                                           Additional monitoring will occur on                       (1) Comment: One reviewer and                       determines, based on reintroduction
                                           non-federal lands enrolled in the                       several commenters were concerned                     proposals, which reintroduction sites
                                           Wyoming Candidate Conservation                          with the statement in the proposed rule               receive captive born ferrets (i.e., kits) for
                                           Agreement with Assurances for the                       that the WGFD would have primary                      release into the wild. Ferret allocation
                                           greater sage-grouse and on Federal lands                management responsibilities for ferret                decisions made by the Service are based
                                           enrolled in the Wyoming Candidate                       reintroduction in Wyoming. The                        on the biological and scientific merit of
                                           Conservation Agreement for the greater                  reviewer stated that ‘‘[t]urning primary              the proposals, the suitability of
                                           sage-grouse.                                            authority for management of a federally               proposed reintroduction sites,
                                                                                                   endangered species over to a state, even              management capabilities of
                                           Summary of Comments and Responses                       under 10(j), would be unprecedented as                reintroduction programs,
                                             In the proposed rule published on                     far as I can determine’’.                             comprehensiveness of site work plans,
                                           April 10, 2015 (80 FR 19263), we                          Our Response: The Service will                      the overall contribution to species
                                           requested that all interested parties                   maintain authority for black-footed                   recovery each project represents, and
                                           submit written comments on the                          ferrets under the Act until the species is            other considerations that may be
                                           proposal by June 9, 2015. We also                       recovered and subsequently delisted.                  unforeseen. Furthermore, the Service
                                           contacted appropriate federal and state                 That said, as is true for nearly every                must be kept apprised of any post
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                                           agencies, Tribes, scientific experts and                endangered species recovery effort,                   allocation changes in project design,
                                           organizations, and other interested                     recovery is a collaborative effort with               direction, management, or field
                                           parties and invited them to comment on                  success depending on the coordination                 implementation of ferret reintroduction
                                           the proposal.                                           and collaboration of a multitude of                   projects. No ferrets may be translocated,
                                             During the public comment period on                   partners working towards a common                     relocated, or removed from the wild
                                           the proposed rule, we received a total of               goal. The WGFD is anticipated to play                 (except for emergency health concerns)


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                                           66830             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

                                           without prior Service notification and                  toward recovery. If importance to                     and contribute to recovery, which
                                           authorization.                                          recovery was equated with essentiality,               means the establishment of secure, self-
                                              (2) Comment: One peer reviewer                       no reintroductions would qualify for                  sustaining populations in the wild. We
                                           stated that our determination of                        nonessential status. This interpretation              recognize, however, that reintroductions
                                           ‘‘nonessential’’ is misleading and                      would conflict with Congress’                         are, by their nature, experiments whose
                                           erroneous, as it is was based on the                    expectation that ‘‘in most cases,                     outcome is uncertain. The point we are
                                           conclusion that a loss of the proposed                  experimental populations will not be                  making with the above statement that
                                           NEP in Wyoming will not appreciably                     essential’’ (H.R. Conference Report No.               ‘‘animals lost during reintroduction can
                                           reduce the likelihood of future survival                835, supra at 34; USFWS 1984) and our                 be readily replaced through captive
                                           of the ferret rangewide (i.e., at the 23                1984 implementing regulations, which                  breeding’’ reflects the very real
                                           reintroduction sites outside of                         indicated an essential population will                conservation status of the black-footed
                                           Wyoming). This reviewer further stated                  be a special case and not the general                 ferret; at this time, loss of the captive
                                           that ‘‘it is not whether the loss of a                  rule (USFWS 1984).                                    population could be catastrophic to the
                                           future population in Wyoming will                          (3) Comment: Two reviewers and one                 species, whereas the reverse is not true.
                                           affect the survival of another population               commenter expressed concern over the                  The captive population of ferrets has
                                           somewhere else, but whether that                        reliance of the black-footed ferret                   been responsible for establishment of
                                           population is intended to contribute to                 recovery program on the captive                       every wild ferret population in
                                           the recovery of the species.’’ Another                  population. Selection acts on captive                 existence today, either wholly or
                                           peer reviewer and several commenters                    populations, potentially resulting in                 primarily. Animals lost at
                                           also questioned how all populations in                  animals adapted for survival in captivity             reintroduction sites can be replaced by
                                           Wyoming could be designated as                          and maladapted for life in the wild.                  reintroduction of captive-bred
                                           nonessential despite the anticipated                       Our Response: We agree that reliance               individuals. We expect this trend will
                                           future ‘‘essential’’ role of such                       on captive populations for species                    continue for the foreseeable future.
                                           populations for the recovery of the                     conservation is never ideal for                       Specifically, the captive population will
                                           species. In other words, some collection                numerous reasons, including those                     remain important until establishment of
                                           of reintroduction sites will necessarily                noted by the reviewers. Unfortunately,                the at least 30 wild populations needed
                                           comprise an ‘‘essential’’ part of the                   there are few alternatives for the black-             for recovery is accomplished; both as a
                                           future recovered population.                            footed ferret at this time. Thus, we                  source of animals for reintroduction and
                                              Our Response: We agree with the                      recognize that it is vitally important for            as insurance against stochastic
                                           contention that successfully                            species persistence to expedite the                   environmental events in wild
                                           reintroduced populations under this                     establishment of reintroduction sites                 populations (e.g., plague epizootics).
                                           10(j) rule will be a central part of black-             and wild populations whenever                         Conversely, the populations in the
                                           footed ferret recovery. This is consistent              possible. For this reason, our recovery               Wyoming NEP can be established or re-
                                           with the Act’s requirements for 10(j)                   strategy emphasizes the rapid expansion               established from the captive population.
                                           experimental populations. Specifically,                 of ferret recovery in the wild (USFWS                 Thus, until the species is recovered, the
                                           the Act requires that experimental                      2013a, p. 68). Working in close                       Service considers the captive
                                           populations further the conservation of                 coordination with the WGFD and other                  population to be far more important to
                                           the species. Conservation is defined by                 stakeholders, we fully expect                         the survival of the species in the wild
                                           the Act as the use of all methods and                   establishment of additional wild                      than the planned Wyoming NEP.
                                           procedures which are necessary to bring                 populations in Wyoming under this                     Whether the Wyoming NEP is essential
                                           any endangered or threatened species to                 10(j) rule. An increase in successful                 to recovery of the species ‘‘in the wild’’
                                           the point at which the measures                         reintroductions will result in a reduced              was discussed in more detail under
                                           provided pursuant to the Act are no                     reliance on the captive population in                 Comment 2.
                                           longer necessary (16 U.S.C. 1532(3)). In                the future and allow for translocations                  (5) Comment: One reviewer suggested
                                           short, experimental populations must                    of wild individuals to more fully                     that instead of giving reasons why the
                                           further the species’ recovery.                          support recovery efforts.                             NEP is not ‘‘essential’’ the Service
                                              Under the revised Black-footed Ferret                   (4) Comment: One reviewer stated                   should indicate its intentions for the
                                           Recovery Plan, the species may be                       that due to a potential for genetic                   experimental population as follows:
                                           downlisted from endangered to                           adaptation to the captive environment,                ‘‘Once the ferret population reaches its
                                           threatened when at least 10 ferret                      the assumption by the Service that                    delisting goal this 10(j) rule will be
                                           populations, each with at least 30                      replacing wild animals with captive                   mooted, as the species will no longer
                                           breeding adults, are established. Thus,                 animals is equivalent to maintaining                  require protection of the [Act]. The FWS
                                           downlisting is based on biological                      wild populations is biologically and                  will then enter into post-delisting
                                           parameters (e.g., number of breeding                    legally flawed. The reviewer further                  monitoring and management agreements
                                           adults, number of successful sites). The                stated that this assertion should be                  with Wyoming to ensure adequate
                                           recovery plan makes no distinction as to                clarified and/or deleted entirely.                    persistence of and protection for
                                           how these populations are designated                       Our Response: Both in our proposal                 reintroduced populations of ferrets to
                                           once biological criteria are satisfied;                 and this final rule, we state that animals            ensure that ferrets are no longer subject
                                           each population will contribute toward                  lost during reintroduction efforts can be             to relisting under the [Act].’’
                                           recovery of the species whether it is                   readily replaced through captive                         Our Response: We are required under
                                           designated as endangered, essential                     breeding, which produces juvenile                     the Act to designate any experimental
                                           experimental, or nonessential                           ferrets in excess of the numbers needed               population as either ‘‘essential’’ or
                                           experimental. The importance of future                  to maintain the captive-breeding                      ‘‘nonessential.’’ Our nonessential
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                                           reintroduction sites to recovery,                       population. We do not make the                        determination is based on the best
                                           however, does not mean these                            assumption that replacement of wild                   scientific and commercial data available
                                           populations are ‘‘essential’’ under                     animals with captive animals is                       and thus meets the requirements under
                                           section 10(j) of the Act. All                           equivalent to maintaining wild                        the Act. This population satisfies all
                                           reintroduction efforts are undertaken                   populations. It is always the Service’s               requirements for a 10(j) population and
                                           with the primary goal to move a species                 goal for reintroductions to be successful             meets the standards for a nonessential


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                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                         66831

                                           population under this section of the Act.               wanted. If boundary control becomes                   on locations of all suitable habitat, nor
                                           Although post-delisting management                      necessary to maintain relations with                  have any prospective reintroduction
                                           agreements are beyond the scope of this                 neighboring landowners, we support the                sites been approved yet for allocation of
                                           10(j) rule, we do anticipate                            use of zinc phosphide in these                        captive-bred ferrets. Therefore, we
                                           reintroductions authorized by this rule                 instances. In comparison with Rozol®,                 believe reporting a specific timeline
                                           to advance the conservation of the                      which has a high risk of secondary                    would be arbitrary and premature.
                                           species and that this progress may                      poisoning of wildlife, zinc phosphide-                   Implementation of this Statewide 10(j)
                                           contribute to an eventual                               based pesticides pose fewer risks to                  rule will significantly reduce the
                                           reclassification to threatened or full                  non-target wildlife when properly                     administrative burden that would have
                                           species recovery and delisting. Prior to                applied by a certified pesticide                      been associated with development of
                                           delisting, it is likely we would pursue                 applicator as required by label.                      multiple site-specific rules. In this case,
                                           management agreements to provide us                        (7) Comment: One reviewer expressed                the WGFD is not precluded from
                                           adequate confidence that recovery                       concern over WGFD management of                       coordinating simultaneously with
                                           progress achieved will be maintained.                   future reintroductions, noting that                   multiple landowners and evaluating
                                           This is consistent with the Black-footed                WGFD has not consistently conducted                   sites for potential reintroduction. We
                                           Ferret Recovery Plan, which calls for the               annual monitoring for the Shirley Basin               believe under this Statewide 10(j) rule,
                                           completion and implementation of a                      black-footed ferret population.                       the process for black-footed ferret
                                           post-delisting monitoring and                              Our Response: Long-term wildlife                   reintroductions in Wyoming will be
                                           management plan, in cooperation with                    management and monitoring programs                    effectively streamlined. Encouragingly,
                                           the states and Tribes, to ensure recovery               seldom are able to achieve 100 percent                following publication of the proposed
                                           goals are maintained (USFWS 2013a,                      success when it comes to meeting                      rule in the Federal Register, WGFD has
                                           p.6).                                                   monitoring goals. Potential                           reported that a number of landowners
                                              (6) Comment: Two reviewers and                       impediments to meeting monitoring                     have approached them expressing
                                           several commenters were concerned                       goals include such things as changing                 interest in establishing a ferret
                                           about the potential use of anticoagulant                staff workloads and turnover, budget                  population on their land following
                                           poisons like Rozol® to control prairie,                 limitations, inclement weather, and                   implementation of the 10(j) rule.
                                           dogs due to the potential for secondary                 equipment failures, among many others.                   (9) Comment: One reviewer and
                                           toxicities to predators like black-footed               Overall, we believe that during the last              several commenters wanted greater
                                           ferrets. While they recognized that                     20 years, WGFD has demonstrated a                     detail on specific reintroduction and
                                           details on anticoagulant poison use may                 meaningful commitment to black-footed                 sylvatic plague management plans.
                                           be more appropriately addressed in site-                ferret conservation in Shirley Basin                     Our Response: Many of the specific
                                           specific plans, they thought a                          through data reporting, multiple                      questions raised in the comments are
                                           framework for how the Service intends                   scientific publications on the black-                 answered under Release Procedures,
                                           to approach this issue needed to be set                 footed ferret, plague management, and                 above. Development of management
                                           out in this rule.                                       the release of over 500 ferrets into the              plans for reintroductions and sylvatic
                                              Our Response: Anticoagulant poisons                  area. Therefore, we are confident in                  plague are a cooperative effort between
                                           can result in secondary impacts to any                  their ability to manage future                        the Service, WGFD, other federal
                                           wildlife that consumes a poisoned                       reintroduction efforts in Wyoming.                    agencies, landowners, and affected
                                           prairie dog. In 2012, the Service                          (8) Comment: One reviewer and                      stakeholders. Final plans must be
                                           completed formal consultation with the                  several commenters requested we                       approved by the Service as part of the
                                           Environmental Protection Agency (EPA)                   provide a specific timeline for                       ferret allocation process. Ferret
                                           to evaluate potential impacts to                        completion of the identification and                  allocation decisions are based on the
                                           endangered and threatened species,                      evaluation of reintroduction sites.                   considerations mentioned in our
                                           including the black-footed ferret, from                    Our Response: Stakeholders in                      response to Comment 1. We expect that
                                           the use of the anticoagulant Rozol® to                  Wyoming essentially viewed the                        future site-specific management plans
                                           poison prairie dogs. Label restrictions                 implementation of a Statewide 10(j) rule              will have many similarities to past plans
                                           resulting from this process prohibit                    as a prerequisite to participation in any             for other reintroduction sites.
                                           application of Rozol® within current                    ferret recovery actions in the State of                  (10) Comment: One reviewer and
                                           and future ferret recovery sites. It is a               Wyoming. Thus, implementation of this                 several commenters wondered if the
                                           violation of Federal law to use a                       rule is only a first step in advancing                public would have an opportunity to
                                           pesticide in a manner inconsistent with                 black-footed ferret recovery in                       comment on potential reintroduction
                                           its labeling.                                           Wyoming. Under the 2013 MOU guiding                   sites in the future.
                                              The Service would have no additional                 principles, the WGFD and the Service                     Our Response: There is no formal
                                           section 7 consultation role regarding the               will collaboratively identify and                     public comment period for potential
                                           use of Rozol® at reintroduction sites in                prioritize prospective reintroduction                 reintroduction sites or site-specific
                                           Wyoming, except in National Parks and                   sites in the Wyoming NEP area. The                    management plans, but there will be
                                           National Wildlife Refuges. However,                     steps that must be taken before a site                opportunities for public involvement.
                                           through the allocation process of                       can receive ferrets are substantial and               The Service and the WGFD recognize
                                           providing captive ferrets to                            calculated with the goal of selecting                 that local involvement is important to
                                           reintroduction sites, we determine                      sites with the best potential of success.             the success of recovery efforts and the
                                           which sites will receive ferrets. We do                 Steps include, but are not limited to: (1)            long-term conservation of the black-
                                           not support the use of Rozol® or other                  Identification of interested and willing              footed ferret in Wyoming. Consequently,
                                           anticoagulants for control of prairie                   landowners; (2) biological evaluation of              as required in the 2013 MOU, the
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                                           dogs, particularly at black-footed ferret               each site’s potential to support at least             Service and WGFD will coordinate to
                                           reintroduction sites. Boundary control                  30 ferrets; and (3) creation of site-                 ensure local communities, including
                                           of prairie dogs at reintroduction sites is              specific management plans (see                        potentially affected landowners,
                                           sometimes necessary because prairie                     Location of the Nonessential                          stakeholder groups, local governments,
                                           dogs have encroached onto adjacent                      Experimental Population Area). At this                and Tribes are fully engaged in any
                                           properties where prairie dogs are not                   time we do not have precise information               future black-footed ferret reintroduction


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                                           66832             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

                                           efforts. Future management plans may                    The reviewers are correct that the value              black-footed ferret, but noted that the
                                           contain provisions similar to the                       for Shirley Basin is an estimate derived              management of plague only ‘‘during
                                           following, although the specific content                from surveys conducted in 2010. A                     periodic outbreaks of sylvatic plague’’
                                           and details will vary by reintroduction                 more recent report gives the same                     understates the problem. Recent
                                           site. Public involvement may include                    estimate of approximately 100 breeding                research has shown that plague has
                                           but is not limited to the following: (1)                adults in Shirley Basin based on the                  serious negative effects on prairie dog
                                           Public meetings to outreach to all                      2010 survey and approximately 295                     populations not only during major
                                           interested parties on determining                       breeding adults rangewide (Black-footed               ‘‘outbreaks’’ but also when present at
                                           potential reintroduction sites; (2)                     ferret Recovery and Implementation                    lower levels.
                                           Coordination with all interested parties                Team Conservation Subcommittee                           Our Response: Currently,
                                           after a reintroduction site is determined;              Report 2014, Table 1). The current                    management for sylvatic plague is
                                           (3) Direct involvement of management                    Shirley Basin estimate is based on the                carried out largely by dusting the
                                           plan development which could include                    best available science and is meant to                impacted area with pesticides meant to
                                           state and federal agencies, County                      provide the most accurate assessment of               kill the fleas that host the plague
                                           Commissioners, landowners,                              the magnitude of the population size                  bacteria. This type of management can
                                           companies, academia, and other                          rather than the precise number of                     be effective. We agree, however, that
                                           stakeholders, and tribes; (4) Allowing                  individuals, which can fluctuate                      this approach is not ideal, as it is
                                           landowners and land managers the                        considerably for the reasons given                    typically only applied after plague has
                                           opportunity to cooperatively decide the                 above.                                                been detected, which is often too late,
                                           number and distribution of prairie dogs                    (12) Comment: One reviewer                         as mortality of ferrets and prairie dogs
                                           (and correspondingly black-footed                       questioned the meaning of the phrase                  has already been significant. A new oral
                                           ferrets) that may occur on privately                    ‘‘occupied prairie dog habitat,’’ noting              vaccine, currently being field tested,
                                           owned and leased lands; (5) Annually                    that one could ask ‘‘occupied by what?’’              could provide a more effective, less
                                           obtaining landowner approval of human                      Our Response: When we use the                      expensive way to protect prairie dogs.
                                           activity necessary for actions specified                phrase ‘‘occupied prairie dog habitat,’’                 The Service recognizes that
                                           in a plan; (6) Biannual review of the                   we mean areas that are occupied by                    understanding how to control or
                                           progress of ongoing activities by all                   prairie dogs. A review of the scientific              preferably eradicate sylvatic plague is
                                           concerned parties; (7) Direct                           literature on prairie dogs shows both                 critical to black-footed ferret
                                           involvement any interested parties in                   ‘‘occupied prairie dog habitat’’ and                  conservation. The complex dynamics of
                                           monitoring activities on reintroduction                 ‘‘prairie dog occupied habitat’’ are                  sylvatic plague are not fully understood.
                                           sites.                                                  commonly used terms to indicate                       As scientific knowledge of sylvatic
                                              (11) Comment: Two reviewers                          habitat that is occupied by prairie dogs.             plague advances, that information will
                                           questioned whether the estimates for the                While we agree with the comment in                    be incorporated into management plans
                                           number of black-footed ferrets currently                general as prairie dog colonies can and               that address sylvatic plague. Although
                                           in the wild were the most current                       typically are ‘‘occupied’’ by a number of             research projects are not required
                                           estimates available.                                    other species, in this case we believe,               program elements for ferret allocations
                                              Our Response: As is true for many                    however, it is clear by the context that              to reintroduction sites, the Service
                                           species, and particularly with one that                 what is being referenced in this rule is              encourages, supports, and may give
                                           is largely fossorial (i.e., lives mostly                occupancy by prairie dogs.                            greater priority to projects that
                                           underground) and nocturnal like the                        (13) Comment: One reviewer                         incorporate research elements
                                           black-footed ferret, determining precise                questioned the criteria for evaluating                addressing specific ferret recovery
                                           population numbers is challenging.                      potential reintroduction sites. The                   problems or questions.
                                           Black-footed ferret populations are                     reviewer stated that occupancy of                        (15) Comment: One reviewer wanted
                                           difficult to count due to their remote                  habitat by prairie dogs is a simplistic               to see affirmation that the Wind River
                                           locations, difficult accessibility,                     criterion considering prairie dog                     Tribes concur with the application of
                                           nocturnal habits, small population sizes,               populations can fluctuate significantly               10(j) to tribal lands within the Wind
                                           and logistical problems and costs                       over time, expanding and contracting                  River Indian Reservation. The reviewer
                                           associated with the requisite field work.               for a number of reasons, including                    stated that Tribes may have an interest
                                           More importantly, ferret populations                    plague.                                               in maintaining full protection for ferrets
                                           can also fluctuate significantly from one                  Our Response: Determining                          within their boundaries.
                                           year to the next depending on the                       occupancy by prairie dogs is simply a                    Our Response: We contacted the
                                           presence or absence of plague and active                first step in determining the potential               Eastern Shoshone and Northern
                                           plague management, or due to other                      for reintroduction site. A large number               Arapaho Tribes of the Wind River
                                           environmental factors like drought.                     of other factors are considered for                   Indian Reservation and invited them to
                                           Accordingly, a tally of adult ferret                    determining the suitability of proposed               comment on the proposal. We did not
                                           numbers at any one point in time is                     reintroduction sites. Foremost in                     receive comments from either Tribe. It
                                           likely a poor indicator of recovery                     consideration for prioritizing black-                 is unlikely that these two Tribes have
                                           progress. We view ferret population                     footed ferret allocations (i.e., young                adequate prairie dog occupied habitat
                                           estimates at most sites as minimum                      ferrets available for release into the                that would be suitable for a future
                                           numbers because of the aforementioned                   wild) is the size, density, health, and               reintroduction of the black-footed ferret.
                                           issues.                                                 overall stability of potential ferret                 This does not preclude coordination
                                              We stated in the EA and proposed                     habitat. Additional non-biological                    with the Tribes in the future if
                                           rule that there are approximately 418                   requirements for ferret allocations                   circumstances change.
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                                           breeding adult ferrets in the wild,                     include a willing landowner and a
                                           including approximately 102 breeding                    management plan that addresses                        Comments From the State of Wyoming
                                           adults in the reintroduced population at                sylvatic plague.                                        (16) Comment: The State of Wyoming
                                           Shirley Basin, Wyoming, as was                             (14) Comment: One reviewer agreed                  and several commenters were concerned
                                           reported in the 2013 Black-footed Ferret                with our identification of plague as a                that the Service could change the NEP
                                           Recovery Plan (USFWS 2013a, Table 2).                   major impediment to the recovery of                   designation to experimental essential,


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                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                            66833

                                           endangered, or threatened in the future.                working together to accomplish a                      prior to publication of a final rule to
                                           The Service should clarify under what                   common goal. In most cases, and                       change or abandon the NEP designation.
                                           conditions a change in designation                      particularly for ferrets, recovery would                (17) Comment: The State of Wyoming
                                           could occur.                                            not be possible without substantial                   and several commenters requested that
                                              Our Response: We do not foresee the                  partner efforts. In looking back on ferret            the Service provide assurance that if the
                                           need to change the NEP designation for                  recovery over the last 25 years, we have              10(j) designation changed in any
                                           any reintroduced black-footed ferret                    gone from no ferret populations known                 respect, the Service would remove the
                                           population. One of the benefits of an                   in the wild to having 24 ferret                       ferrets.
                                           NEP designation is that it provides                     reintroduction sites in the wild, with 17               Our Response: Under 50 CFR
                                           flexibility in the regulatory                           of those sites continuing to have ferrets             17.84(g)(12), the following will apply to
                                           requirements in the area where the                      through 2015. Hundreds of partners                    any reintroduced ferret populations
                                           reintroduction occurs. This regulatory                  have made this possible. We believe                   under this 10(j) rule:
                                           relief is important because, prior to                   these are not trivial accomplishments.                   ‘‘We will not include a reevaluation of the
                                           reintroduction, these sites had no                      At nearly all the 24 ferret reintroduction            ‘‘nonessential experimental’’ designation for
                                           regulation related to the subject species               sites, it is our partners who accomplish              these populations during our review of the
                                           because the species was not present.                    the actual on-the-ground ferret                       initial five year reintroduction program. We
                                           Thus, State, tribal, and private                        reintroduction and management work.                   do not foresee any likely situation justifying
                                           landowners typically resist endangered                  The same will be true in this case, with              alteration of the nonessential experimental
                                           species reintroductions that bring with                 WGFD taking the lead on                               status of these populations. Should any such
                                           them new Federal regulation. This                       implementation of reintroductions.                    alteration prove necessary and it results in a
                                           resistance can be nearly                                                                                      substantial modification to black-footed ferret
                                                                                                   Absent those partnerships, there would                management on non-Federal lands, any
                                           insurmountable. Fewer black-footed                      be far fewer reintroductions and likely               private landowner who consented to the
                                           ferret reintroductions would have been                  no ferrets in Wyoming. Accordingly, the               introduction of black footed ferrets on their
                                           initiated during the past 20 years                      Service highly values those local                     lands may rescind their consent, and at their
                                           without the added flexibility of                        partnerships that accomplish ferret                   request, we will relocate the ferrets pursuant
                                           nonessential experimental designations.                 recovery and is understandably cautious               to paragraph (g)(4)(iii) of this section.’’
                                           To date, 11 black-footed ferret                         about undertaking actions that disrupt
                                           reintroductions have occurred through                                                                           (18) Comment: The State of Wyoming
                                                                                                   those partnerships.                                   requested assurance from the Service
                                           use of section 10(j) designated NEP                        In 2009, the Service received a
                                           areas in the United States, including in                                                                      that there will be thorough and
                                                                                                   petition to reclassify three reintroduced             appropriate consultation before any
                                           the Shirley Basin in Wyoming (USFWS
                                                                                                   black-footed ferret populations from                  ferrets are brought into Wyoming under
                                           2013a, pp. 38–39). We do not believe
                                                                                                   nonessential experimental to                          this rule.
                                           ferrets would likely exist today in
                                                                                                   endangered, including the Shirley Basin                 Our Response: We fully expect that all
                                           Wyoming if not for their nonessential
                                                                                                   NEP in Wyoming. This petition was                     reintroductions efforts under this 10(j)
                                           experimental designation in Shirley
                                                                                                   submitted pursuant to section 553 of the              rule will be conducted in close
                                           Basin and the resulting reduced
                                                                                                   Administrative Procedure Act (5 U.S.C.                coordination with the WGFD,
                                           regulatory burden.
                                              All determinations on essentiality are               553) (WildEarth Guardians et al. 2009).               landowners, and affected stakeholders.
                                           made prior to any reintroduction action                 The Service strongly believed and                     This coordination will take place under
                                           being taken. It is instructive that                     continues to believe that the                         previsions in the 2013 MOU and as part
                                           Congress did not put requirements in                    ramifications of such an action would                 of the ferret allocation process.
                                           section 10(j) to reevaluate the                         be detrimental to ferrets at these sites
                                                                                                   and the partnerships that sustain them.               Public Comments
                                           classification after a reintroduction has
                                           occurred. While our regulations require                 As we anticipated, the petition had                     (19) Comment: Two commenters
                                           a ‘‘periodic review and evaluation of the               immediate negative impacts to ferret                  stated that the Service’s current prairie
                                           success or failure of the release and the               recovery, prompting landowners to                     dog range estimate is not based on the
                                           effect of the release on the conservation               withdraw support for another planned                  best available science and information.
                                           and recovery of the species’’ (50 CFR                   reintroduction in Wyoming. The Service                Specifically the commenters point out
                                           17.81(c)(4)), this has not been                         denied the petition in 2010 (USFWS                    that the Service claims there to be
                                           interpreted as requiring reevaluation                   2010).                                                nearly 3.1 million acres of prairie dog
                                           and reconsideration of sites’                              As mentioned above, we do not                      occupied habitat in Wyoming, but
                                           nonessential experimental status                        foresee the need to change the NEP                    previously (in USFWS 2009) has stated
                                           (USFWS 1991, 1994, and 1996). We                        designation for any wild black-footed                 that the prairie dog occupies 2.4 million
                                           believe Congressional intent was to                     ferret population. The captive                        acres across its entire range.
                                           ensure that our partners could rely upon                population is crucial to survival of the                 Our Response: It is important to
                                           the original rules promulgated for the                  species in the wild at this time, and                 clarify that the 2.4 million acres of
                                           reintroduction effort. We also contend                  likely for the foreseeable future.                    occupied habitat estimated in USFWS
                                           that retracting the nonessential                        However, a substantial loss of the                    2009 is a rangewide estimate for black-
                                           experimental designation following                      captive population is highly                          tailed prairie dogs (one of four species
                                           implementation of this 10(j) rule would                 improbable, as captive ferrets have been              of prairie dog) only. Our estimate in the
                                           be extremely detrimental to ferrets in                  purposefully dispersed among six                      proposed rule and above of the amount
                                           Wyoming and the partnerships that                       facilities, protecting the species from a             of prairie dog occupied habitat in
                                           sustain them. Furthermore, such an                      single catastrophic event. In any                     Wyoming includes estimates for both
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                                           alteration of the regulatory framework                  circumstance, any change in the 10(j)                 species of prairie dog that occur in
                                           post-reintroduction would undermine                     listing would require a new proposed                  Wyoming. We cite recent estimates of
                                           future reintroduction efforts.                          rule, a public comment period                         prairie dog occupied habitat in
                                              Typically, endangered species                        (including, if requested, public                      Wyoming at 2,893,487 ac (1,171,862 ha)
                                           recovery efforts, including those for                   hearings), public meetings, NEPA                      in the white-tailed prairie dog range and
                                           ferrets, depend on a myriad of partners                 compliance, and other documentation                   229,607 ac (92,991 ha) in the black-


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                                           66834             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

                                           tailed prairie dog range (Van Pelt 2013,                (14,000 ha) of purposefully managed                   Summary of Changes From Proposed
                                           pp. 8, 14). Black-tailed prairie dogs have              prairie dog occupied habitat will be                  Rule
                                           a much smaller estimated range in the                   needed to meet Wyoming’s portion of
                                           State of Wyoming while the estimated                    the rangewide habitat goal for                           In our proposed rule, the language
                                           white-tailed prairie dog habitat in                     downlisting and 70,000 ac (28,000 ha) to              under paragraph (g)(9)(viii) stated that
                                           Wyoming is much larger. The combined                    meet their portion of the rangewide                   ‘‘Any black-footed ferret found within
                                           estimate for both species of prairie dog                habitat goal for delisting (USFWS 2013a,              the Wyoming Experimental Population
                                           in Wyoming is based on the best                         Table 8). For the State of Wyoming, this              Area will be considered part of the
                                           available scientific information.                       equates to purposeful management of                   nonessential experimental population
                                              (20) Comment: Two commenters                         approximately 2 percent of the                        after the first breeding season following
                                           noted that aerial surveys overestimate                  estimated prairie dog habitat in                      the first year of black-footed ferret
                                           occupied prairie dog habitat by as much                 Wyoming to meet their portion of the                  release. A black-footed ferret occurring
                                           as 94 percent (Sidle et al. 2012). One                  rangewide habitat goals for delisting.                outside of the State of Wyoming would
                                           commenter stated that if the estimate of                The best available science supports our               initially be considered as endangered,
                                           prairie dog habitat is inaccurate then the              estimates of occupied prairie dog habitat             but may be captured for genetic testing.’’
                                           area to which black-footed ferrets may                  and potentially suitable habitat for                     As noted by one reviewer, this
                                           be introduced is exaggerated. The                       black-footed ferret reintroductions.                  language was included in earlier 10(j)
                                           commenter also alleged that the Service                    (21) Comment: Several commenters                   rules at a time when the discovery of
                                           has used inaccurate data to formulate                   were concerned with potential impacts                 other extant wild ferret populations was
                                           population goals of both the black-                     of black-footed ferret reintroductions on             still considered plausible. There have
                                           footed ferret and black tailed prairie                  federal oil and gas lessees. They                     been no verified reports of any extant
                                           dogs.                                                   asserted that because federal oil and gas             black-footed ferret individuals or
                                              Our Response: We acknowledge that                    leases are interests in real property, the            populations in any prairie dog complex
                                           aerial surveys can overestimate the                     holder of a federal oil and gas lease is              since the discovery of the last known
                                           extent of active or occupied prairie dog                no different than a private surface                   wild black-footed ferret population near
                                           habitat and that there is some degree of                owner.                                                Meeteetse, Wyoming, in 1981. Recently,
                                           error attached to any such estimate.                                                                          the Service issued a ‘block clearance’
                                                                                                      Our Response: We concluded in the
                                           Overestimates of prairie dog colonies                                                                         letter for the ferret in the State of
                                                                                                   proposed rule and the EA that the most
                                           result because observers may have                                                                             Wyoming (Service 2013c). Block
                                                                                                   prevalent land use activities, including
                                           difficulty distinguishing active,                                                                             clearance provides an acknowledgement
                                                                                                   energy development, currently
                                           occupied burrows from unoccupied                                                                              that the likelihood of identifying ferrets
                                                                                                   occurring in the NEP area are
                                           burrows from the air. Researchers                                                                             in Wyoming, outside of those resulting
                                           continue working to refine methods for                  compatible with ferret recovery and that
                                                                                                   there is no information to suggest that               from reintroductions, is distinctly
                                           accurately assessing active prairie dog
                                                                                                   future activities would be incompatible               minimal. Our revision of paragraph
                                           populations from the air.
                                                                                                   with ferret recovery. Federal oil and gas             (g)(9)(viii) reflects this determination.
                                              It is important to note, however, that
                                           in the case of black-footed ferret                      leases will certainly be considered and               Thus, once this 10(j) rule becomes
                                           reintroductions, aerial surveys are used                lessees likely consulted during                       effective, any black-footed ferret found
                                           only as a rough guide for identifying                   development of reintroduction                         within the Wyoming NEP Experimental
                                           potential black-footed ferret habitat for               proposals for the ferret allocation                   Population Area will be considered part
                                           reintroductions. Measurable                             process. Current and future land                      of the nonessential experimental
                                           fluctuations in prairie dog occupancy                   management, principal land uses, and                  population. A black-footed ferret that
                                           are a part of the natural dynamics of                   potential for change or land                          disperses beyond the boundaries of the
                                           prairie dog populations, but fluctuations               management conflicts are serious                      nonessential experimental population
                                           can be especially pronounced in areas                   considerations for all potential                      takes on the status of that area
                                           experiencing plague or subjected to                     reintroduction sites. Reintroduction                  (endangered, unless within another
                                           poisoning. The presence of unoccupied                   allocation decisions are made based on                nonessential experimental population
                                           burrows conclusively indicates that                     a potential reintroduction site’s                     area).
                                           prairie dogs occupied the area sometime                 probability for long-term success. We                 Finding
                                           in the recent past. Thus, while we may                  have little interest in allocating ferrets,
                                           use aerial surveys as rough estimate of                 an exceptionally limited resource, to                   We followed the procedures required
                                           prairie dog habitat, we do not rely on                  areas where land management conflicts                 by the Act, NEPA, and the
                                           aerial surveys to identify areas with the               will be an obvious problem, either                    Administrative Procedure Act during
                                           highest biological potential for black-                 currently or in the future.                           this Federal rulemaking process. We
                                           footed ferret reintroductions.                             (22) Comment: One commenter stated                 solicited public comment on the
                                           Reintroduction sites are chosen instead                 that black-footed ferrets are believed to             proposed NEP designation. We have
                                           based on a number of other factors                      be predators of sage-grouse nests and                 considered all comments we received
                                           including the size, density, health, and                therefore will have negative impacts on               on the proposed rule and the draft EA
                                           overall stability of the prairie dog                    sage-grouse.                                          before making this final determination.
                                           occupied habitat, information that is                      Our Response: Based on our extensive               Based on the above information, and
                                           gathered from ground surveys and local                  experience with both species in the wild              using the best scientific and commercial
                                           knowledge of prairie dog colonies in a                  and our review of the scientific                      data available (in accordance with 50
                                           given area.                                             literature, we are not aware of any                   CFR 17.81), we find that establishing
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                                              States are encouraged to contribute to               evidence that black-footed ferrets are                this Wyoming NEP area will further
                                           recovery goals in proportion to the                     predators on sage-grouse at any life                  conservation of the species, but that any
                                           amount of historical ferret habitat (i.e.,              stage, including nests (eggs), adults, or             future experimental populations of
                                           prairie dog colonies) that once occurred                chicks. Black-footed ferrets depend                   black-footed ferrets in Wyoming would
                                           on these lands. The Black-footed Ferret                 almost exclusively on prairie dogs for                not be essential to the continued
                                           Recovery Plan estimates that 35,000 ac                  food.                                                 existence of the species in the wild.


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                                                             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                          66835

                                              Therefore, we are finalizing our                     have a significant economic impact on                 hiking, hunting, vehicle use of roads
                                           proposal to designate most of Wyoming                   a substantial number of small entities.               and highways, and other activities in
                                           (the remainder of the State of Wyoming                  The SBREFA amended the Regulatory                     the NEP area that are in accordance with
                                           not covered under past NEPs) as an NEP                  Flexibility Act to require Federal                    Federal, Tribal, State, and local laws
                                           area under section 10(j) of Act. The                    agencies to provide a statement of the                and regulations. Intentional take for
                                           result of this designation and the two                  factual basis for certifying that a rule              purposes other than authorized data
                                           previous designations is that all black-                will not have a significant economic                  collection or recovery purposes would
                                           footed ferrets found within the entire                  impact on a substantial number of small               not be permitted. Intentional take for
                                           State of Wyoming are considered as an                   entities. We certify that this rule will              research or recovery purposes would
                                           NEP. Black-footed ferrets will be                       not have a significant economic effect                require a section 10(a)(1)(A) recovery
                                           managed under the associated NEP                        on a substantial number of small                      permit under the Act.
                                           regulations, allowing greater                           entities. The following discussion                       The principal activities on private
                                           management flexibility. We anticipate                   explains our rationale.                               property in the NEP area are livestock
                                           this will encourage partners to                            The area that will be affected by this             grazing and associated ranch
                                           undertake new reintroductions,                          rule includes release sites in Wyoming                management practices (e.g., fencing,
                                           advancing the conservation and                          and adjacent areas in Wyoming into                    weed treatments). We believe the
                                           recovery of the species.                                which black-footed ferrets may disperse.              presence of the black-footed ferret
                                                                                                   Because of the regulatory flexibility for             would not affect the use of lands for
                                           Required Determinations                                 Federal agency actions provided by the                these purposes because there would be
                                           Regulatory Planning and Review                          NEP designation and the exemption for                 no new or additional economic or
                                           (Executive Orders 12866 and 13563)                      incidental take in the 10(j) rule, we do              regulatory restrictions imposed upon
                                                                                                   not expect this rule to have significant              states, non-federal entities, or members
                                             Executive Order 12866 provides that                   effects on any activities within Federal,             of the public due to the presence of the
                                           the Office of Information and Regulatory                State, or private lands within the NEP.               black-footed ferret, and federal agencies
                                           Affairs (OIRA) will review all significant              When NEPs are located outside a                       would only have to comply with
                                           rules. The Office of Information and                    National Wildlife Refuge or National                  sections 7(a)(1) and 7(a)(4) of the Act in
                                           Regulatory Affairs has determined that                  Park Service unit, then, for the purposes             these areas. Therefore, this rulemaking
                                           this rule is not significant.                           of section 7, we treat the population as              is not expected to have any significant
                                             Executive Order 13563 reaffirms the                   proposed for listing and only section                 adverse impacts to activities on private
                                           principles of E.O. 12866 while calling                  7(a)(1) and section 7(a)(4) apply. In                 lands within the NEP area.
                                           for improvements in the nation’s                        these instances, NEPs provide
                                           regulatory system to promote                            additional flexibility because Federal                Unfunded Mandates Reform Act (2
                                           predictability, to reduce uncertainty,                  agencies are not required to consult                  U.S.C. 1501 et seq.)
                                           and to use the best, most innovative,                   with us under section 7(a)(2). Section                   In accordance with the Unfunded
                                           and least burdensome tools for                          7(a)(4) requires Federal agencies to                  Mandates Reform Act (2 U.S.C. 1501 et
                                           achieving regulatory ends. The                          confer (rather than consult) with the                 seq.):
                                           executive order directs agencies to                     Service on actions that are likely to                    (1) This rule will not ‘‘significantly or
                                           consider regulatory approaches that                     jeopardize the continued existence of a               uniquely’’ affect small governments. We
                                           reduce burdens and maintain flexibility                 species proposed to be listed. However,               have determined and certify pursuant to
                                           and freedom of choice for the public                    because the NEP is, by definition, not                the Unfunded Mandates Reform Act, 2
                                           where these approaches are relevant,                    essential to the survival of the species,             U.S.C. 1502 et seq., that this rulemaking
                                           feasible, and consistent with regulatory                conferring will likely never be required              will not impose a cost of $100 million
                                           objectives. E.O. 13563 emphasizes                       for the black-footed ferret populations               or more in any given year on local or
                                           further that regulations must be based                  within the NEP area. Furthermore, the                 state governments or private entities. A
                                           on the best available science and that                  results of a conference are advisory in               Small Government Agency Plan is not
                                           the rulemaking process must allow for                   nature and do not restrict agencies from              required. Small governments will not be
                                           public participation and an open                        carrying out, funding, or authorizing                 affected because the NEP designation
                                           exchange of ideas. We have developed                    activities. In addition, section 7(a)(1)              does not place additional requirements
                                           this rule in a manner consistent with                   requires Federal agencies to use their                on any city, county, or other local
                                           these requirements.                                     authorities to carry out programs to                  municipalities.
                                           Regulatory Flexibility Act (5 U.S.C. 601                further the conservation of listed                       (2) This rule will not produce a
                                           et seq.)                                                species, which would apply on any                     Federal mandate of $100 million or
                                                                                                   lands within the NEP area. As a result,               greater in any year (i.e., it is not a
                                             Under the Regulatory Flexibility Act                  and in accordance with these                          ‘‘significant regulatory action’’ under
                                           (as amended by the Small Business                       regulations, some modifications to                    the Unfunded Mandates Reform Act).
                                           Regulatory Enforcement Fairness Act                     proposed Federal actions within the                   This NEP designation for the black-
                                           (SBREFA) of 1996; 5 U.S.C. 801 et seq.),                NEP area may occur to benefit the black-              footed ferret will not impose any
                                           whenever a Federal agency is required                   footed ferret, but we do not expect                   additional management or protection
                                           to publish a notice of rulemaking for                   projects to be halted or substantially                requirements on the States or other
                                           any proposed or final rule, it must                     modified as a result of these regulations.            entities.
                                           prepare, and make available for public                     This 10(j) rule will broadly authorize
                                           comment, a regulatory flexibility                       incidental take of the black-footed ferret            Takings (E.O. 12630)
                                           analysis that describes the effect of the               within the NEP area. The regulations                    In accordance with Executive Order
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                                           rule on small entities (i.e., small                     implementing the Act define                           12630, this final rule does not have
                                           businesses, small organizations, and                    ‘‘incidental take’’ as take that is                   significant takings implications. This
                                           small government jurisdictions).                        incidental to, and not the purpose of,                rule allows for the take of reintroduced
                                           However, no regulatory flexibility                      the carrying out of an otherwise lawful               black-footed ferret when such take is
                                           analysis is required if the head of an                  activity such as, agricultural activities             incidental to an otherwise legal activity,
                                           agency certifies that the rule will not                 and other rural development, camping,                 such as recreation (e.g., hiking, hunting,


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                                           66836             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

                                           fishing, bird watching), forestry,                      Paperwork Reduction Act                               and subsequently dispersed onto Tribal
                                           agriculture, and other activities that are                 Office of Management and Budget                    lands, the aforementioned authorities
                                           in accordance with Federal, State, and                  (OMB) regulations at 5 CFR 1320, which                will provide a more relaxed regulatory
                                           local laws and regulations. Therefore,                  implement provisions of the Paperwork                 situation under the Act through
                                           we do not believe that establishment of                 Reduction Act of 1995 (44 U.S.C. 3501                 allowances for incidental take.
                                           this NEP will conflict with existing or                 et seq.), require that Federal agencies               However, as stated previously, we are
                                           proposed human activities or hinder                                                                           not aware of any prairie dog complexes
                                                                                                   obtain OMB approval before collecting
                                           public use of ferret habitat in Wyoming.                                                                      suitable for ferret reintroduction on or
                                                                                                   information from the public. This final
                                              A takings implication assessment is                                                                        adjacent to Tribal lands. The nearest
                                                                                                   rule does not include any new
                                           not required because this rule: (1) Will                                                                      potential reintroduction sites are two
                                                                                                   collections of information that require
                                           not effectively compel a property owner                                                                       white-tailed prairie dog complexes—
                                                                                                   OMB approval under the Paperwork
                                           to suffer a physical invasion of property,                                                                    Fifteen-mile Complex near Worland in
                                                                                                   Reduction Act. OMB has approved our
                                           and (2) will not deny any economically                                                                        Hot Springs County, and Sweetwater
                                                                                                   collection of information associated
                                           beneficial or productive use of the land                                                                      Complex near Sweetwater Station in
                                                                                                   with reporting the taking of
                                           or aquatic resources. This rule will                                                                          Fremont County (Luce 2008, pp. 29–30).
                                                                                                   experimental populations (50 CFR
                                           substantially advance a legitimate                                                                            Both sites are of intermediate potential
                                                                                                   17.84) and assigned OMB Control                       for ferret reintroduction and are located
                                           public interest (conservation and                       Number 1018–0095, which expires on
                                           recovery of a listed species) and will not                                                                    approximately 19 miles (30 kilometers)
                                                                                                   October 31, 2017. We may not conduct                  from reservation boundaries. We sent
                                           present a barrier to all reasonable and                 or sponsor and a person is not required
                                           expected beneficial use of private                                                                            letters, describing our proposed action
                                                                                                   to respond to a collection of information             and requesting input, to the Northern
                                           property.                                               unless it displays a currently valid OMB              Arapaho and Eastern Shoshone Tribes
                                           Federalism (E.O. 13132)                                 control number.                                       of the Wind River Reservation on
                                              In accordance with Executive Order                   National Environmental Policy Act                     September 4, 2014. We did not receive
                                           13132 (70 FR 23775), we have                                                                                  a response from either Tribe.
                                                                                                      In compliance with all provisions of
                                           considered whether this final rule has                  the National Environmental Policy Act                 Energy Supply, Distribution, or Use
                                           significant Federalism effects and have                 of 1969 (NEPA; 42 U.S.C. 4321 et seq.),               (E.O. 13211)
                                           determined that a federalism summary                    we have analyzed the impact of this                     Executive Order 13211 requires
                                           impact statement is not required. This                  rule. Based on this analysis and                      agencies to prepare Statements of
                                           rule will not have substantial direct                   information resulting from public                     Energy Effects when undertaking certain
                                           effects on the states, on the relationship              comment on the proposed action, we                    actions. This rule is not expected to
                                           between the Federal government and                      determined that this action will not                  significantly affect energy supplies,
                                           the states, or on the distribution of                   have significant impacts or effects. We               distribution, or use. Therefore, this
                                           power and responsibilities among the                    have prepared a final EA and finding of               action is not a significant energy action,
                                           various levels of government. In keeping                no significant impact on this action,                 and no Statement of Energy Effects is
                                           with Department of the Interior policy,                 which are available for public                        required.
                                           we requested information from and                       inspection: (1) In person at the
                                           coordinated development of this final                   Wyoming Ecological Services Field                     References Cited
                                           rule with the affected resource agencies                Office (see ADDRESSES) and (2) online at                 A complete list of all references cited
                                           in Wyoming. Achieving the recovery                      http://www.regulations.gov. All                       in this rule is available on the Internet
                                           goals for this species will contribute to               appropriate NEPA documents were                       at http://www.regulations.gov at Docket
                                           its eventual delisting and return to state              finalized before this rule was finalized.             No. FWS–R6–ES–2015–0013, or upon
                                           management. No intrusion on state                                                                             request from the Wyoming Ecological
                                           policy or administration is expected,                   Government-to-Government
                                                                                                                                                         Services Field Office (see ADDRESSES).
                                           roles or responsibilities of Federal or                 Relationship With Tribes
                                           State governments will not change, and                                                                        Authors
                                                                                                      In accordance with the presidential
                                           fiscal capacity will not be substantially               memorandum of April 29, 1994,                           The authors of this final rule are staff
                                           directly affected. The final 10(j) rule                 ‘‘Government-to-Government Relations                  members of the Wyoming Ecological
                                           operates to maintain the existing                       with Native American Tribal                           Services Field Office (see ADDRESSES).
                                           relationship between the State and the                  Governments’’ (59 FR 229511),                         List of Subjects in 50 CFR Part 17
                                           Federal governments and is being                        Executive Order 13175 (65 FR 67249),
                                           undertaken in coordination with the                     and the Department of the Interior                      Endangered and threatened species,
                                           State of Wyoming. We have cooperated                    Manual Chapter 512 DM 2, we have                      Exports, Imports, Reporting and
                                           with WGFD in the preparation of this                    considered possible effects on federally              recordkeeping requirements,
                                           final rule. Therefore, this final rule does             recognized Indian Tribes and have                     Transportation.
                                           not have significant Federalism effects                 determined that Tribal lands overlap the              Regulation Promulgation
                                           or implications to warrant the                          Wyoming NEP in portions of Fremont
                                                                                                                                                           Accordingly, we hereby amend part
                                           preparation of a federalism summary                     and Hot Springs Counties. However,
                                                                                                                                                         17, subchapter B of chapter I, title 50 of
                                           impact statement pursuant to the                        participation in black-footed ferret
                                                                                                                                                         the Code of Federal Regulations, as set
                                           provisions of Executive Order 13132.                    recovery is entirely voluntary. If suitable
                                                                                                                                                         forth below:
                                                                                                   habitat for ferret recovery is available,
                                           Civil Justice Reform (E.O. 12988)
                                                                                                   non-Federal landowners, including                     PART 17—[AMENDED]
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                                             In accordance with Executive Order                    Tribes, may choose to either not
                                           12988, the Office of the Solicitor has                  participate, or to participate through                ■ 1. The authority citation for part 17
                                           determined that this rule does not                      authorities under 10(j), 10(a)(1)(A), or              continues to read as follows:
                                           unduly burden the judicial system and                   the Safe Harbor Agreement (USFWS                        Authority: 16 U.S.C. 1361–1407; 1531–
                                           meets the requirements of sections (3)(a)               2013b). If ferrets were reintroduced on               1544; and 4201–4245, unless otherwise
                                           and (3)(b)(2) of the Order.                             non-tribal lands adjacent to Tribal lands             noted.



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                                                               Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                                       66837

                                           ■ 2. Amend § 17.11(h) by revising the                     and Threatened Wildlife to read as                          § 17.11 Endangered and threatened
                                           entry for ‘‘Ferret, black-footed’’ under                  follows:                                                    wildlife.
                                           MAMMALS in the List of Endangered                                                                                     *       *   *          *    *
                                                                                                                                                                     (h) * * *

                                                            Species
                                                                                                                   Vertebrate population where                                               Critical       Special
                                                                                           Historic range                                                     Status        When listed
                                                                      Scientific                                    endangered or threatened                                                 habitat         rules
                                            Common name                name

                                               MAMMALS

                                                     *                         *                   *                         *                   *                                  *                   *
                                           Ferret, black-         Mustela             Western U.S.A.,             Entire, except where listed as                       E   1, 3, 433, 545,         NA            NA
                                             footed.               nigripes.           Western Canada,              an experimental population.                            546, 582, 646,
                                                                                       Mexico.                                                                              703, 737, 860
                                           Ferret, black-         Mustela             Western U.S.A.,             U.S.A. (WY and specified                           XN    433, 545, 546,          NA       17.84(g)
                                             footed.               nigripes.           Western Canada,              portions of AZ, CO, MT,                                582, 646, 703,
                                                                                       Mexico.                      SD, and UT, see                                               737, 860
                                                                                                                    17.84(g)(9)).

                                                      *                        *                       *                          *                       *                         *                   *



                                           *      *       *       *      *                           Population Area, in accordance with                         areas cover the entire State of Wyoming.
                                                                                                     their respective management plans.                          Any black-footed ferret found within the
                                           ■  3. Amend § 17.84 by:
                                                                                                     *     *     *    *      *                                   Wyoming NEP Experimental Population
                                           ■  a. Revising paragraphs (g)(1) and                        (6) * * *                                                 Area will be considered part of a
                                           (g)(6)(i);                                                  (i) Report such taking in Wyoming,                        nonessential experimental population.
                                           ■ b. Adding paragraph (g)(9)(viii); and                   including the Shirley Basin/Medicine                        A black-footed ferret that disperses
                                                                                                     Bow experimental population area, to                        beyond the boundaries of the
                                           ■ c. Adding a map entitled ‘‘Wyoming
                                                                                                     the Field Supervisor, Ecological                            nonessential experimental population
                                           Nonessential Experiment Population
                                                                                                     Services, Fish and Wildlife Service,                        area takes on the status of that area
                                           (NEP) Area for the Black-footed Ferret’’
                                                                                                     Cheyenne, Wyoming (telephone: 307/                          (endangered, unless within another
                                           immediately following the map entitled
                                                                                                     772–2374).                                                  nonessential experimental population
                                           ‘‘Rosebud Sioux Tribe ITOPA SAPA
                                                                                                     *     *     *    *      *                                   area). Such animals may be captured for
                                           KIN (Black-footed Ferret) Experimental
                                                                                                       (9) * * *                                                 genetic testing and relocation. If
                                           Population Area—South Dakota.’’
                                                                                                       (viii) The Wyoming Experimental                           necessary, disposition of the captured
                                              The revisions and additions read as                                                                                animal may occur in the following
                                                                                                     Population Area encompasses most of
                                           follows:                                                                                                              ways:
                                                                                                     the State of Wyoming. The boundaries
                                           § 17.84    Special rules—vertebrates.                     of the nonessential experimental                               (A) If an animal is genetically
                                                                                                     population include all areas in the State                   determined to have originated from the
                                           *      *     *    *      *                                                                                            experimental population, we may return
                                                                                                     of Wyoming outside of the Shirley
                                              (g) * * *                                              Basin/Medicine Bow Management Area                          it to the reintroduction area or to a
                                              (1) The black-footed ferret                            (see paragraph (g)(9)(i) of this section)                   captive-breeding facility.
                                           populations identified in paragraphs                      and the small portion of Wyoming                               (B) If an animal is determined to be
                                           (g)(9)(i) through (viii) of this section are              included as part of the Northwestern                        genetically unrelated to the
                                           nonessential experimental populations.                    Colorado/Northeastern Utah                                  experimental population, we will place
                                           We will manage each of these                              Experimental Population Area (see                           it in captivity under an existing
                                           populations, and each reintroduction                      paragraph (g)(9)(v) of this section).                       contingency plan.
                                           site within the Wyoming Experimental                      Collectively, however, these three 10(j)                    *      *     *    *     *
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                                                                                                                                                                                                                                                                                                        66838
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                                                                                                                                                       U.S . Fish & Wildlife Service                                                                                    V'Jymning Ecological Services


                                                                                                                                *
                                                                                                                                                       wyoming Nonessential Experimental Population (NEP} Area for the Black-footed Ferret
16:35 Oct 29, 2015




                                                                                                                                                                                                                                                                                                        Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations
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                      BILLING CODE 4333–15–P
                                               [FR Doc. 2015–27639 Filed 10–29–15; 8:45 am]
                                                                                              and Wildlife and Parks.
                                                                                              Principal Deputy Assistant Secretary for Fish
                                                                                              Michael J. Bean,




                                                                                                                                                                                                                                                                -      Oller BFF NEPsin W'f
                                                                                                Dated: October 21, 2015.




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                                                                                                                                                                                                                     -
                                                                                                                                              Created By: US FWS WYES
                                                                                                                                              Map Date: 2124.2015
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Document Created: 2015-12-14 15:29:47
Document Modified: 2015-12-14 15:29:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule becomes effective November 30, 2015.
ContactMark Sattelberg, Field Supervisor, Telephone: 307-772-2374. Direct all questions or requests for additional information to: BLACK-FOOTED FERRET QUESTIONS, U.S. Fish and Wildlife Service, Wyoming Ecological Services Field Office, 5353 Yellowstone Road, Suite 308A, Cheyenne, WY 82009. Individuals who are hearing-impaired or speech-impaired may call the Federal Relay Service at 1-800-877-8337 for TTY assistance.
FR Citation80 FR 66821 
RIN Number1018-BA42
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

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