Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60879

efforts in order to resolve or mitigate

any potential interference problem with

the Arecibo Observatory. If the

Commission determines that an operator

has satisfied its responsibility to make

reasonable efforts to protect the

Observatory from interference, the unit

may be allowed to operate.

§ 95.1305 Station identification.

A MURS station is not required to

transmit a station identification

announcement.

§ 95.1307 Permissible communications.

(a) MURS stations may transmit voice,

data or image signals as permitted in

this subpart.

(b) A MURS station may transmit any

emission type, subject to the limitations

contained in § 90.207 of this chapter.

(c) MURS frequencies may be used for

remote control and telemetering

functions. Emission types A1D, A2D,

F1D, F2D are authorized and stations

used to control remote objects or

devices may be operated on the

continuous carrier transmit mode,

except on frequency 154.600 MHz.

§ 95.1309 Channel use policy.

(a) The channels authorized to MURS

systems by this part are available on a

shared basis only and will not be

assigned for the exclusive use of any

entity.

(b) Those using MURS transmitters

must cooperate in the selection and use

of channels in order to reduce

interference and make the most effective

use of authorized facilities. Channels

must be selected in an effort to avoid

interference to other MURS

transmissions.

[FR Doc. 00–25276 Filed 10–12–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AG26

Endangered and Threatened Wildlife

and Plants; Establishment of a

Nonessential Experimental Population

of Black-Footed Ferrets in NorthCentral South Dakota

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: We, the Fish and Wildlife

Service (Service), in cooperation with

the Cheyenne River Sioux Tribe, the

Forest Service, and the Bureau of Indian

Affairs (BIA), will reintroduce blackfooted ferrets (Mustela nigripes) into

north-central South Dakota on the

Cheyenne River Sioux Reservation. The

purposes of this reintroduction are to

implement actions required for recovery

of the species and to evaluate and

improve reintroduction techniques and

management applications. We will

release surplus captive-raised blackfooted ferrets in October 2000, and

release additional animals annually for

several years thereafter until we

establish a self-sustaining population. If

this reintroduction program is

successful, a wild population could be

established in 5 years or less. The

Cheyenne River Sioux Reservation

population is established as a

nonessential experimental population in

accordance with section 10(j) of the

Endangered Species Act of 1973, as

amended. We will manage this

population under provisions of this

final special rule.

DATES: The effective date of this rule is

October 13, 2000.

ADDRESSES: You may inspect the

complete file for this rule during normal

business hours at the U.S. Fish and

Wildlife Service, Ecological Services

Office, 420 South Garfield Avenue,

Suite 400, Pierre, South Dakota 57501 or

telephone 605/224–8693. You must

make an appointment in advance if you

wish to inspect the file.

FOR FURTHER INFORMATION CONTACT:

Mike Lockhart at 307/721–8805.

SUPPLEMENTARY INFORMATION:

Background

1. Legislative

Congress made significant changes to

the Endangered Species Act of 1973

(Act), as amended, with the addition of

section 10(j) to allow for the designation

of specific populations of listed species

as ‘‘experimental populations.’’

Previously, we had authority to

reintroduce populations into

unoccupied portions of a listed species’

historical range when doing so would

foster the conservation and recovery of

the species. However, local citizens

often opposed these reintroductions

because they were concerned about the

placement of restrictions and

prohibitions on Federal and private

activities. Under section 10(j), the

Secretary of the Department of the

Interior can designate reintroduced

populations established outside the

species’ current range but within its

historical range as ‘‘experimental.’’

Based on the best available information,

the Secretary will determine whether

such populations are ‘‘essential,’’ or

‘‘nonessential,’’ to the continued

existence of the species. Regulatory

restrictions are considerably reduced

under a Nonessential Experimental

Population (NEP) designation.

Species listed as endangered or

threatened are afforded protection

primarily through the prohibitions of

section 9 and the requirements of

section 7. Section 9 of the Act prohibits

the take of a listed species. ‘‘Take’’ is

defined by the Act as harass, harm,

pursue, hunt, shoot, wound, 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 designated

critical habitats. It mandates all Federal

agencies to determine how to use their

existing authorities to further the

purposes of the Act to aid in recovering

listed species. It also states that Federal

agencies will, 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 lands unless they

are authorized, funded, or carried out by

a Federal agency.

For the purposes of section 9 of the

Act, a population designated as

experimental is treated as threatened

regardless of the species’ designation

elsewhere in its range. Threatened

designation allows us greater discretion

in devising management programs and

allows us to adopt whatever regulations

are necessary to provide for the

conservation of a threatened species. In

these situations, the general regulations

applying most section 9 prohibitions to

threatened species do not apply to that

species, and the special rule contains

the prohibitions and exceptions

necessary and appropriate to conserve

that species. Regulations for NEP’s are

usually more compatible with human

activities in the reintroduction area.

For the purposes of section 7 of the

Act, we treat NEP’s as if the population

is proposed for listing, but we treat

NEP’s as threatened species when they

are located within a National Wildlife

Refuge or National Park. When NEP’s

occur outside of such refuges or parks,

Federal agencies are required to confer

with the Service, in accordance with

section 7(a)(4) of the Act, on their

actions that are likely to jeopardize the

continued existence of a proposed

species. The results of a conference are

advisory in nature, and agencies are not

restricted from committing resources to

projects regardless of conference

findings and recommendations.

60880 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

Individuals used to establish an

experimental population may come

from a donor population, provided their

removal is not likely to jeopardize the

continued existence of the species, and

appropriate permits are issued in

accordance with our regulations (50

CFR 17.22) prior to their removal. In

this case, the donor ferret population is

a captive-bred population, which was

propagated with the intention of

reestablishing wild populations to

achieve recovery goals. In addition, wild

progeny from other NEP areas (and also

which originated from captive sources)

may be directly translocated to the

reintroduction site.

2. Biological

The black-footed ferret is a member of

the Mustelid or weasel family; has a

black facemask, black legs, and a blacktipped tail; is nearly 60 centimeters (2

feet) in length; and weighs up to 1.1

kilograms (2.5 pounds). It is the only

ferret species native to North America.

The historical range of the species,

based on specimen collections, extends

over 12 western States (Arizona,

Colorado, Kansas, Montana, Nebraska,

New Mexico, North Dakota, Oklahoma,

South Dakota, Texas, Utah, and

Wyoming) and the Canadian Provinces

of Alberta and Saskatchewan.

Prehistoric evidence indicates that

ferrets once occurred from the Yukon

Territory in Canada to Mexico and

Texas (Anderson et al. 1986).

Black-footed ferrets depend almost

exclusively on prairie dogs for food,

shelter, and denning (Henderson et al.

1969, Forrest et al. 1985). The range of

the ferret coincides with that of three

prairie dog species (Anderson et al.

1986), and ferrets with young have been

documented only in the vicinity of

active prairie dog colonies. Historically,

black-footed ferrets have been reported

in association with black-tailed prairie

dog (Cynomys ludovicianus), whitetailed prairie dog (Cynomys leucurus),

and Gunnison’s prairie dog (Cynomys

gunnisoni) towns (Anderson et al.

1986).

Significant reductions in both prairie

dog numbers and distribution occurred

during the last century due to

widespread poisoning of prairie dogs,

the conversion of native prairie to

farmland, and outbreaks of sylvatic

plague, particularly in the southern

portions of prairie dog ranges in North

America. Sylvatic plague arrived from

Asia in approximately 1900. It is an

exotic disease foreign to the

evolutionary history of prairie dogs,

which have little or no immunity to it.

Black-footed ferrets also are highly

susceptible to sylvatic plague. This

severe reduction in the availability of

the ferret’s principal prey, in

combination with other factors such as

secondary poisoning from prairie dog

toxicants, resulted in the near extinction

of the black-footed ferret in the wild by

1980.

In 1974, a remnant wild population of

ferrets in South Dakota, originally

discovered in 1964, abruptly

disappeared. Afterwards, we believed

the species to be extinct; however, in

1981 a small population of ferrets was

discovered near Meeteetse, Wyoming. In

1985–1986, the Meeteetse population

declined to only 18 animals due to

outbreaks of sylvatic plague and canine

distemper. Following this critical

decline, the remaining individuals were

taken into captivity in 1986–1987 to

serve as founders for a captivepropagation program. Since that time,

captive-breeding efforts have been

highly successful and have facilitated

ferret reintroductions in several areas of

formerly occupied range. Today, the

captive population of juveniles and

adults fluctuates annually between 300

and 600 animals depending on the time

of year and on annual reproductive

success and mortality. The captive ferret

population is currently divided among

six captive-breeding facilities

throughout the United States and

Canada, with a small number of live

animals on display for educational

purposes at several zoos and other

facilities. Also, 65 to 90 ferrets are

located at field-based captive-breeding

sites in Arizona, Colorado, New Mexico,

and Montana.

3. Recovery Efforts

The recovery plan for the black-footed

ferret (U.S. Fish and Wildlife Service

1988) contains the following recovery

objectives for reclassification:

(a) Increasing the captive population

of ferrets to 200 breeding adults by 1991

(which has been achieved);

(b) Establishing a prebreeding

population of 1,500 free-ranging

breeding adults in 10 or more different

populations, with no fewer than 30

breeding adults in each population by

the year 2010 (not achieved); and

(c) Encouraging the widest possible

distribution of reintroduced animals

throughout their historical range.

Although several reintroduction efforts

have occurred throughout the ferret’s

range, populations may have become

self-sufficient at only one site in South

Dakota.

We can reclassify the black-footed

ferret to threatened status when the

recovery objectives listed above have

been achieved, assuming that the

mortality rate of established populations

remains at or below a rate at which new

populations become established or

increase. We have been successful in

rearing black-footed ferrets in captivity,

and in 1997 we reached captivebreeding program objectives.

In 1988, we divided the single captive

population into three subpopulations to

avoid the possibility of a catastrophic

event eliminating the entire captive

population (e.g., contagious disease).

Additional breeding centers were added

later, and presently there are six

separate subpopulations in captivebreeding facilities. Current recovery

priorities emphasize the reintroduction

of animals back into the wild from the

captive source stock. Surplus

individuals produced in captivity are

now available for release into

reintroduction areas.

4. Reintroduction Sites

The Service, in cooperation with

western State and Federal agencies,

Tribal representatives, and conservation

groups, evaluates potential black-footed

ferret reintroduction sites and has

previously initiated ferret

reintroduction projects at several sites

within the historical range of the blackfooted ferret. The first reintroduction

project occurred in Wyoming in 1991,

and subsequent efforts have taken place

in South Dakota and Montana in 1994,

in Arizona in 1996, a second effort in

Montana in 1997, and in Colorado/Utah

in 1999. The Service and the BlackFooted Ferret Recovery Implementation

Team (composed of 27 State and Federal

agencies, Indian Tribes, and

conservation organizations) have

identified the Cheyenne River Sioux

Reservation as a priority black-footed

ferret reintroduction site due to its

extensive black-tailed prairie dog

habitat and the absence of sylvatic

plague.

(a) Cheyenne River Sioux Reservation

Experimental Population

Reintroduction Area

The area designated as the Cheyenne

River Sioux Reservation Black-Footed

Ferret Experimental Population Area

(Experimental Population Area)

overlays all of Dewey and Ziebach

Counties in South Dakota. The

boundaries of these Counties also are

the boundaries of the Cheyenne River

Sioux Reservation. Within the

Experimental Population Area, the

primary reintroduction area will be in

large black-tailed prairie dog complexes

located along the Moreau River. The

approximate center of the Experimental

Population Area is the town of Eagle

Butte, the location of Cheyenne River

Sioux Tribal offices. Eagle Butte is

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60881

approximately 160 kilometers (100

miles) northwest of Pierre, the capital of

South Dakota.

The Experimental Population Area

supports two large complexes of blacktailed prairie dog colonies located

within the two-county area. These two

counties encompass approximately

1,141,558 hectares (2,820,751 acres).

Approximately half or 574,752 hectares

(1,420,193 acres) of the Experimental

Population Area is Tribal Trust and

Allotted lands. The majority of this

Tribal Trust and Allotted land,

approximately 90 percent or 505,875

hectares (1,250,000 acres), is native

rangeland used for grazing.

Some lands within the Experimental

Population Area are owned by private

landowners (approximately 50 percent,

although much less in the primary

reintroduction area). No ferrets will be

released on private lands. The Tribe and

other Cooperators have agreed that if

any ferrets disperse onto private lands

they will capture and translocate them

to Tribal lands if requested by the

landowner or if necessary for protection

of the ferrets.

Black-footed ferret dispersal into areas

outside of the Experimental Population

Area is unlikely due to the large size of

the Experimental Population Area, the

absence of suitable nearby habitat (few

if any prairie dogs can be found to the

south and west), cropland barriers (e.g.,

expansive cultivation over the northern

portion of the Experimental Population

Area), and physical barriers (e.g., the

Missouri River to the east). The Tribe

estimates a total of approximately 8,408

hectares (20,777 acres) of black-tailed

prairie dog colonies are potentially

available to black-footed ferrets in the

Experimental Population Area and

could support over 200 ferret families

(characterized as an adult female, three

kits, and one-half an adult male; i.e., one

adult male for every two adult females).

Large, contiguous prairie dog colonies

and the absence of physical barriers

between prairie dog colonies along the

Moreau River (the primary ferret release

area) should facilitate ferret distribution

throughout the Moreau River

Reintroduction Area.

(b) Primary Reintroduction Areas

In the early 1990s, the Tribe began

development of a Prairie Management

Plan as a framework for managing the

natural resources of 574,752 hectares

(1,420,193 acres) of Tribal Trust lands

within the Cheyenne River Sioux

Reservation boundaries (Cheyenne River

Sioux Tribe 1992). The Prairie

Management Plan included

development of prairie dog and blackfooted ferret management strategies.

Phase I of the Prairie Management Plan

accomplished initial prairie dog surveys

along the Moreau River in areas

believed to be well-suited for ferret

reintroduction. Phase II surveys

confirmed that prairie dog colonies

along the Moreau River are highly

suitable for ferret releases due to the

number and size of prairie dog colonies,

the spatial relationships of prairie dog

towns to each other, their location on

Tribal Trust and Allotted lands, their

remoteness, and their distance from

human settlements (Cheyenne River

Sioux Tribe 1999).

Recent surveys revealed 5,739

hectares (14,156 acres) of prairie dog

colonies within the Moreau River

complex. In addition to the Moreau

River prairie dog complex, a secondary

black-footed ferret release area was

identified to the south in the Southeast

Parade Management Area, an area that

supports 2,280 hectares (6,621 acres) of

black-tailed prairie dog towns. This area

requires further evaluation to ensure

appropriate conditions exist for future

reintroductions of black-footed ferrets.

The Tribe selected the Moreau River

prairie dog complex as the primary

ferret reintroduction area because of its

location within the historical range of

the black-footed ferret, our

determination that ferrets are no longer

present, the abundance of suitable ferret

habitat (lands containing active prairie

dog colonies), the extensive amount of

land managed by the Tribe, and the

area’s isolation from human activities.

The primary reintroduction area

within the Experimental Population

Area generally includes lands along the

Moreau River in Dewey and Ziebach

Counties in north-central South Dakota.

Extensive ferret surveys were conducted

in this area in the 1980s and 1990s, but

no evidence of ferrets was found. There

are no confirmed records of ferrets

occurring within the boundaries of the

Experimental Population Area since the

early 1960s.

Black-footed ferrets will be released

only if biological conditions are suitable

and meet the management framework

developed by the Tribe, in cooperation

with the BIA, the Service, private

landowners, and Federal and State land

managers. The Service will reevaluate

ferret reintroduction efforts in the

Experimental Population Area should

any of the following conditions occur:

(i) Failure to maintain sufficient

habitat on specific reintroduction areas

to support at least 30 breeding adults

after 5 years.

(ii) Failure to maintain suitable prairie

dog habitat available within specific

reintroduction areas.

(iii) A wild ferret population is found

within the Experimental Population

Area following the initial reintroduction

and prior to the first breeding season.

The only black-footed ferrets currently

occurring in the wild result from

reintroductions in Wyoming, Montana,

Arizona, Utah/Colorado, and elsewhere

in South Dakota over 100 miles from the

reintroduction site on Cheyenne River

Tribal lands. Consequently, the

discovery of a black-footed ferret on the

experimental population area prior to

the reintroduction would confirm the

presence of a new population and

prevent designation of an experimental

population in the area.

(iv) Discovery of an active case of

canine distemper or other disease

contagious to black-footed ferrets on or

near the reintroduction area prior to the

scheduled release.

(v) Fewer than 20 captive black-footed

ferrets are available for release.

(vi) Funding is not available to

implement the reintroduction phase of

the project on the Cheyenne River Sioux

Reservation.

(vii) Land ownership changes

significantly, or cooperators withdraw

from the project.

All of the above conditions will be

based on information routinely

collected by us or the Tribe.

5. Reintroduction Procedures

The standard reintroduction protocol

calls for the release of 20 or more

captive-raised, or wild-translocated

black-footed ferrets in the Experimental

Population Area in the first year of the

program, and 20 or more animals

released annually for the next 2 to 4

years. Biologists expect to release 50 or

more ferrets in the first year and believe

a self-sustaining wild population could

be established on the Cheyenne River

Sioux Reservation within 5 years.

Released ferrets will be excess to the

needs of the captive-breeding program,

and their use will not affect the genetic

diversity of the captive ferret population

(ferrets used for reintroduction efforts

can be replaced through captive

breeding). In the future, it may be

necessary to interchange ferrets from

established, reintroduced populations to

enhance the genetic diversity of the

population on the Experimental

Population Area.

Recent studies (Biggins et al. 1998,

Vargas et al. 1998) have documented the

importance of outdoor ‘‘preconditioning’’ experience on captive-reared

ferrets prior to release in the wild.

Ferrets exposed to natural prairie dog

burrows in outdoor pens and natural

prey prior to release survive in the wild

at significantly higher rates than do

60882 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

cage-reared, non-preconditioned ferrets.

The Forest Service will participate in

the reestablishment of ferrets on the

Cheyenne River Sioux Reservation by

preconditioning captive-raised ferrets in

large open-air pens on the Conata Basin

District of the Buffalo Gap National

Grasslands in southwestern South

Dakota. In these pens, young ferrets are

exposed to live prairie dogs, burrows,

and other natural stimuli. In addition,

biologists may translocate up to 25

ferrets born in the wild on the Buffalo

Gap National Grasslands to the

Cheyenne River Sioux Reservation (if

annual production levels of wild ferrets

on Conata Basin are sufficient to allow

translocation of excess young).

The Tribe will develop specific

reintroduction plans and submit them to

the Service as part of an established,

annual black-footed ferret allocation

process. Ferret reintroduction

cooperators submit proposals by midMarch of each year, and the Service

makes preliminary allocation decisions

(numbers of ferrets provided to specific

projects) by May. Proposals submitted to

the Service include updated information

on habitat, disease, project/ferret status,

proposed reintroduction and monitoring

methods, and predator management. In

this manner, the Service and

reintroduction cooperators evaluate the

success of prior year efforts and apply

current knowledge to various aspects of

reintroduction efforts, thereby providing

greater assurance of long-range

reintroduction success.

We will transport ferrets to identified

reintroduction areas within the

Experimental Population Area and

release them directly from transport

cages into prairie dog burrows.

Depending on the availability of suitable

vaccine, we will vaccinate released

animals against certain diseases

(especially canine distemper) and take

appropriate measures to reduce

predation from coyotes, badgers, and

raptors, where warranted. All ferrets we

release will be marked with

individually coded passive integrated

transponder tags, and we may promote

use of radio-telemetry studies to

document ferret behavior and

movements. Other monitoring will

include spotlight surveys, snow tracking

surveys, and visual surveillance.

Since captive-born ferrets are more

susceptible to predation, starvation, and

environmental conditions than wild

animals, up to 90 percent of the released

ferrets could die during the first year of

release. Mortality is usually highest

during the first month following release.

In the first year of the program, a

realistic goal is to have at least 25

percent of the animals survive the first

winter.

The goal of the Cheyenne River Sioux

Reservation reintroduction project is to

establish a free-ranging population of at

least 30 adults within the Experimental

Population Area within 5 years of

release. At the release site, population

demographics and potential sources of

mortality will be monitored on an

annual basis (for up to 5 years). We do

not intend to change the nonessential

designation for this experimental

population unless we deem this

reintroduction a failure or the blackfooted ferret is recovered in the wild.

6. Status of Reintroduced Population

We determine this reintroduction to

be nonessential to the continued

existence of the species for the

following reasons:

(a) The captive population (founder

population of the species) is protected

against the threat of extinction from a

single catastrophic event by housing

ferrets in six separate subpopulations.

As a result, any loss of an experimental

population in the wild will not threaten

the survival of the species as a whole.

(b) The primary repository of genetic

diversity for the species is 240 adult

ferrets maintained in the captivebreeding population. Animals selected

for reintroduction purposes are surplus

to the captive population. Hence, any

use of animals for reintroduction efforts

will not affect the overall genetic

diversity of the species.

(c) Captive breeding can replace any

ferrets lost during this reintroduction

attempt. Juvenile ferrets produced in

excess of the numbers needed to

maintain the captive-breeding

population are available for

reintroduction.

This reintroduction will be the

seventh release of ferrets back into the

wild in six experimental population

areas. The other experimental

populations occur in Wyoming,

southwestern South Dakota, northcentral Montana (with two separate

reintroduction efforts), Arizona, and

Colorado/Utah (a single reintroduction

area that overlays both States).

Reintroductions are necessary to further

the recovery of this species. The NEP

designation alleviates landowner

concerns about possible land use

restrictions. This nonessential

designation provides a flexible

management framework for protecting

and recovering black-footed ferrets

while ensuring that the daily activities

of landowners are unaffected.

7. Location of Reintroduced Population

Section 10(j) of the Act requires that

an experimental population be

geographically separate from other wild

populations of the same species. Since

the mid-1980s, the BIA and the Tribe

conducted black-footed ferret surveys in

the Experimental Population Area. In

addition to these surveys, they spent

many hours surveying prairie dog

colonies at the reintroduction site. No

ferrets or ferret sign (skulls, feces,

trenches) were located. Therefore, we

conclude that wild ferrets are no longer

present on the Experimental Population

Area and that this reintroduction will

not overlap with any wild population.

All released ferrets and their offspring

are expected to remain in the

Experimental Population Area due to

the presence of prime habitat (lands

occupied by prairie dog colonies) and

surrounding geographic barriers. We

will attempt to capture any ferret that

leaves the Experimental Population

Area (in an attempt to identify its origin)

and will either return it to the release

site, translocate it to another site, or

place it in captivity. If a ferret leaves the

reintroduction area, but remains within

the Experimental Population Area, and

occupies private property, the

landowner can request its removal.

Ferrets will remain on private lands

only when the landowner does not

object to their presence.

We will mark all released ferrets and

will attempt to determine the source of

any unmarked animals found. Any

ferret found outside the Experimental

Population Area is considered

endangered, as provided under the Act.

We will undertake efforts to confirm

whether any ferret found outside the

Experimental Population Area

originated from captive stock. If the

animal is unrelated to members of this

or other experimental populations (i.e.,

it is from noncaptive stock), we will

place it in captivity as part of the

breeding population to improve the

overall genetic diversity of the captive

population. Existing contingency plans

allow for the capture and retention of up

to nine ferrets that are not from captive

stock. In the highly unlikely event that

a ferret from captive stock is found

outside the Experimental Population

Area, we will move the ferret back to

habitats that would support the primary

population(s) of ferrets.

8. Management

This reintroduction will be

undertaken in cooperation with the

Cheyenne River Sioux Tribe, the BIA,

and the Forest Service in accordance

with the ‘‘Cooperative Management Plan

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60883

for Black-Footed Ferrets, Moreau River

or Southeast Parade Reintroduction

Areas‘‘Cheyenne River Sioux

Reservation. Copies of the Cooperative

Management Plan may be obtained from

the Prairie Management Program

Coordinator, P.O. Box 590, Eagle Butte,

South Dakota 57625. In the future, we

will evaluate whether additional blackfooted ferret reintroductions are feasible

within the Experimental Population

Area (over 45,000 total acres of

occupied prairie dog habitat exist

within the Experimental Population

Area). Cooperating agencies and private

landowners would be involved in the

selection of any additional sites.

Management considerations of the

reintroduction project include:

(a) Monitoring

Several monitoring efforts will occur

during the first 5 years of the program.

We will annually monitor prairie dog

distribution and numbers, and test for

the occurrence of sylvatic plague.

Testing resident carnivores (e.g.,

coyotes) for canine distemper will begin

prior to the first ferret release and

continue each year. We will monitor

released ferrets and their offspring

annually using spotlight surveys,

snowtracking, other visual survey

techniques, and possibly radiotelemetry on some individuals. The

surveys will incorporate methods to

monitor breeding success and long-term

survival rates.

Through public outreach programs,

we will inform the public and other

appropriate State and Federal agencies

about the presence of ferrets in the

Experimental Population Area and the

handling of any sick or injured animals.

To meet our responsibilities to treat the

Tribe on a Government to Government

basis, we will request that the Tribe

inform Tribal members of the presence

of ferrets on Cheyenne River Sioux

Reservation lands, and the proper

handling of any sick or injured ferrets

that are found. The Tribe will serve as

the primary point of contact to report

any injured or dead ferrets. Reports of

injured or dead ferrets also must be

provided to the Service Field Supervisor

(see ADDRESSES section). It is important

that we determine the cause of death for

any ferret carcass found. Therefore, we

request that discovered ferret carcasses

not be disturbed, but reported as soon

as possible to appropriate Tribal and

Service offices.

(b) Disease

The presence of canine distemper in

any mammal on or near the

reintroduction site will cause us to

reevaluate the reintroduction program.

Prior to releasing ferrets, we will

establish the presence or absence of

canine distemper in the release area by

collecting at least 20 coyotes or other

carnivores. Sampled predators will be

tested for canine distemper and other

diseases.

We will attempt to limit the spread of

distemper by discouraging people from

bringing unvaccinated pets into core

ferret release areas. Any dead mammal

or any unusual behavior observed in

animals found within the area should be

reported to us. Efforts are under way to

develop an effective canine distemper

vaccine for black-footed ferrets. Routine

sampling for sylvatic plague in prairie

dog towns will take place before and

during the reintroduction effort, and

annually thereafter.

(c) Genetics

Ferrets selected for reintroduction are

excess to the needs of the captive

population. Experimental populations

of ferrets are usually less genetically

diverse than overall captive

populations. Selecting and

reestablishing breeding ferrets that

compensate for any genetic biases in

earlier releases can correct this

disparity. The ultimate goal is to

establish wild ferret populations with

the maximum genetic diversity possible

from founder ferrets. The eventual

interchange of ferrets between

established populations found

elsewhere in the western United States

will ensure that genetic diversity is

maintained to the maximum extent

possible.

(d) Prairie Dog Management

We will work with the Tribe, affected

landowners, and other Federal and State

agencies to resolve any management

conflicts in order to maintain suitable

prairie dog habitat on core release areas

at or above 90 percent of the habitat

levels as determined by the 1999 survey.

(e) Mortality

We will reintroduce only ferrets that

are surplus to the captive-breeding

program. Predator control, prairie dog

management, vaccination, ferret

preconditioning, and improved release

methods should reduce mortality.

Public education will help reduce

potential sources of human-caused

mortality.

The Act defines ‘‘incidental take’’ as

take that is incidental to, and not the

purpose of, the carrying out of an

otherwise lawful activity. A person may

take a ferret within the Experimental

Population Area provided that the take

is unavoidable, unintentional, and was

not due to negligent conduct. Such

conduct will not constitute ‘‘knowing

take,’’ and we will not pursue legal

action. However, when we have

evidence of knowing (i.e., intentional)

take of a ferret, we will refer matters to

the appropriate authorities for

prosecution. Any take of a black-footed

ferret, whether incidental or not, must

be reported to the local Service Field

Supervisor (see ADDRESSES section). We

expect a low level of incidental take

since the reintroduction is compatible

with existing land use practices for the

area.

Based on studies of wild black-footed

ferrets at Meeteetse, Wyoming, blackfooted ferrets can be killed by motor

vehicles and dogs. We expect a rate of

mortality similar to what was

documented at Meeteetse, and,

therefore, we estimate a human-related

annual mortality rate of about 12

percent of all reintroduced ferrets and

their offspring. If this level is exceeded

in any given year, we will develop and

implement measures to reduce the level

of mortality.

(f) Special Handling

Service employees and authorized

agents acting on their behalf may handle

black-footed ferrets for scientific

purposes; to relocate ferrets to avoid

conflict with human activities; for

recovery purposes; to relocate ferrets to

other reintroduction sites; to aid sick,

injured, and orphaned ferrets; and

salvage dead ferrets. We will return to

captivity any ferret we determine to be

unfit to remain in the wild. We also will

determine the disposition of all sick,

injured, orphaned, and dead ferrets.

(g) Coordination With Landowners and

Land Managers

The Service and cooperators

identified issues and concerns

associated with the ferret reintroduction

before preparing this rule. The

reintroduction also has been discussed

with potentially affected State agencies

and landowners within the release area.

Affected State agencies, landowners,

and land managers have indicated

support for the reintroduction of ferrets

in the Experimental Population Area as

a NEP, if land use activities in the

Experimental Population Area are not

constrained without the consent of

affected landowners.

(h) Potential for Conflict With Grazing

and Recreational Activities

We do not expect conflicts between

livestock grazing and ferret

management. Grazing and prairie dog

management on private lands within the

Experimental Population Area will

continue without additional restriction

60884 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

from implementation of ferret recovery

activities. With proper management, we

do not expect adverse impacts to ferrets

from hunting, prairie dog shooting,

prairie dog control, and trapping of

furbearers or predators within the

Experimental Population Area. If

proposed prairie dog shooting or control

will locally affect ferret prey base within

a specific area, project biologists will

determine whether ferrets could be

impacted and, if necessary, take steps to

avoid such impacts. If private activities

impede the establishment of ferrets, we

will work closely with the Tribe and

landowners to develop appropriate

procedures to minimize conflicts.

(i) Protection of Black-Footed Ferrets

We will release ferrets in a manner

that provides short-term protection from

natural (predators, disease, lack of prey

base) and human-related sources of

mortality. Improved release methods,

vaccination, predator control, and

management of prairie dog populations

should help reduce natural mortality.

Releasing ferrets in areas with little

human activity and development will

minimize human-related sources of

mortality. We will work with the Tribe

and landowners to help avoid certain

activities that could impair ferret

recovery.

(j) Public Awareness and Cooperation

We will inform the general public of

the importance of this reintroduction

project in the overall recovery of the

black-footed ferret. The designation of

the NEP on the Cheyenne River Sioux

Reservation will provide greater

flexibility in the management of

reintroduced ferrets. The NEP

designation is necessary to secure

needed cooperation of the Tribe,

landowners, agencies, and recreational

interests in the affected area. Based on

the above information, and using the

best scientific and commercial data

available (in accordance with 50 CFR

17.81), the Service finds that releasing

black-footed ferrets into the

Experimental Population Area will

further the conservation of the species.

Summary of Comments

In the July 18, 2000, proposed rule

and associated notifications, we

requested all interested parties to

submit factual reports or information

that might contribute to the

development of a final rule. Appropriate

Federal and State agencies, Tribes,

county governments, environmental and

agricultural organizations, and other

interested parties were contacted and

requested to comment. Articles

providing information about the

proposed rule and the opportunity for

public comment were published in

South Dakota in the ‘‘Midwest News,’’

the ‘‘Capitol Journal,’’ the ‘‘Timberlake

Topic,’’ the ‘‘Eagle Butte News,’’ the

‘‘West River Progress,’’ and the ‘‘Rapid

City Journal.’’ Information regarding the

publication of the proposed rule as well

as the text of the rule itself was made

available on the Region 6 website

>www.r6.fws.gov< during the public

comment period. A news interview with

South Dakota Public Radio was

conducted by a representative of the

Cheyenne River Sioux Tribe.

We informed the Cheyenne River

Sioux Tribe of the publication of the

proposal and the opportunity for public

comment. Throughout development of

the proposal we maintained regular

coordination with the Cheyenne River

Sioux Tribe and have received their full

support in this reintroduction. Public

meetings were held by the Cheyenne

River Sioux Tribe on June 19 and 22,

2000, in Eagle Butte, South Dakota.

Contacts were made with the South

Dakota Department of Game, Fish, and

Parks regarding the publication of the

reintroduction proposal and the public

comment period. On July 15, 2000, a

presentation about the proposal,

including the public comment period,

was given to the South Dakota Prairie

Dog Working Group, a consortium of

Federal and State agencies,

environmental organizations, and local

agricultural groups interested in blacktailed prairie dog and black-footed ferret

conservation issues. No requests for

public hearings were made and no

public comments were received on this

proposal.

Required Determinations

Regulatory Planning and Review

In accordance with the criteria in

Executive Order 12866, the rule to

designate NEP status for the blackfooted ferret reintroduction into northcentral South Dakota is not a significant

regulatory action subject to Office of

Management and Budget review. This

rule will not have an annual economic

effect of $100 million and will not have

an adverse effect upon any economic

sector, productivity, jobs, the

environment, or other units of

government. Therefore, a cost-benefit

and economic analysis is not required.

All the lands within the NEP area are

within the Cheyenne River Sioux

Reservation, and the specific lands

where ferrets will actually be released

are Tribal Trust and Allotted lands.

Other public areas in the NEP include

South Dakota school lands, South

Dakota Department of Game, Fish, and

Parks lands, and U.S. Army Corps of

Engineers lands. Most of the prairie

dogs within the NEP area occur on

Tribal Trust and Allotted lands, and

those occurring on other lands are not

needed for a successful ferret release.

Land uses on private, Tribal, and State

school lands will not be hindered by the

reintroduction, and only voluntary

participation by private landowners will

occur.

This rule will not create

inconsistencies with other agencies’

actions or otherwise interfere with an

action taken or planned by another

agency. Federal agencies most interested

in this rulemaking are primarily other

Department of the Interior bureaus (i.e.,

Bureau of Land Management and BIA)

and the Department of Agriculture

(Forest Service). The action allowed by

this rulemaking is consistent with the

policies and guidelines of the other

Interior bureaus. Because of the

substantial regulatory relief provided by

the NEP designation, we believe the

reintroduction of the black-footed ferret

in the areas described will not conflict

with existing human activities or hinder

public utilization of the area.

This rule will not materially affect

entitlements, grants, user fees, loan

programs, or the rights and obligations

of their recipients. This rule will not

raise novel legal or policy issues. The

Service has previously designated

experimental populations of blackfooted ferrets at five other locations (in

Colorado/Utah, Montana, South Dakota,

Arizona, and Wyoming) and for other

species at numerous locations

throughout the nation.

Regulatory Flexibility Act

The Department of the Interior

certifies that this document will not

have a significant economic effect on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The area affected by

this rule consists of Dewey and Ziebach

Counties, South Dakota. A majority of

the area affected by this rule is within

the Cheyenne River Sioux Reservation,

which is administered by the Tribe.

Reintroduction of ferrets allowed by

this rule will not have any significant

effect on recreational activities in the

experimental area. We do not expect

any closures of roads, trails, or other

recreational areas. Suspension of prairie

dog shooting for ferret management

purposes will be localized and

prescribed by the Tribe. We do not

expect ferret reintroduction activities to

affect grazing operations, resource

development actions, or the status of

any other plant or animal species within

the release area.

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60885

Because participation in ferret

reintroduction by private landowners is

voluntary, this rulemaking is not

expected to have any significant impact

on private activities in the affected area.

The designation of a NEP in this rule

will significantly reduce the regulatory

requirements regarding the

reintroduction of ferrets on the

Cheyenne River Sioux Reservation, will

not create inconsistencies with other

agency actions, and will not conflict

with existing or proposed human

activity, or Tribal and public uses of the

land.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule will not have an annual effect

on the economy of $100 million or more

for reasons outlined above. It will not

cause a major increase in costs or prices

for consumers, individual industries,

Federal, State, or local government

agencies, or geographic regions. The

rule does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of United States-based

enterprises to compete with foreignbased enterprises.

Unfunded Mandates Reform Act

The nonessential experimental

population designation will not place

any additional requirements on any city,

county, or other local municipalities.

The site designated for release of the

experimental population is

predominantly Cheyenne River Sioux

Tribal Trust and Allotted land

administered by the Cheyenne River

Sioux Tribe, who support this project.

Some South Dakota State school lands

may also be affected.

The State of South Dakota has

expressed support for accomplishing the

reintroduction through a nonessential

experimental designation. Accordingly,

this rule will not ‘‘significantly or

uniquely’’ affect small governments. A

Small Government Agency Plan is not

required.

Because this rulemaking does not

require any action be taken by local or

State government or private entities, 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

(i.e., it is not a ‘‘significant regulatory

action’’ under the Act).

Takings

In accordance with Executive Order

12630, the rule does not have significant

takings implications.

Designating reintroduced populations

of federally listed species as NEP’s

significantly reduces the Act’s

regulatory requirements with respect to

the reintroduced listed species within

the NEP. Regulatory relief can be

provided regarding take of reintroduced

species within NEP areas, and a special

rule has been developed stipulating that

unavoidable and unintentional take

(including killing or injuring) of the

reintroduced black-footed ferrets would

not be a violation of the Act, when such

take is nonnegligent and incidental to a

legal activity (e.g., livestock

management, mineral development) and

the activity is in accordance with State

laws and regulations.

Most of the lands within the

Experimental Population Area are

administered by the Cheyenne River

Sioux Tribe. Multiple-use management

of these lands by industry and

recreation interests will not change as a

result of the experimental designation.

Private landowners within the

Experimental Population Area will still

be allowed to conduct lawful control of

prairie dogs, and may elect to have

black-footed ferrets removed from their

land should ferrets move onto private

lands.

Because of the substantial regulatory

relief provided by NEP designations, we

do not believe the reintroduction of

ferrets would conflict with existing

human activities or hinder public use of

the area. A takings implication

assessment is not required.

Federalism

In accordance with Executive Order

13132, the rule does not have significant

Federalism implications to warrant the

preparation of a Federalism Assessment.

As stated above, most of the lands

within the Experimental Population

Area are Tribal Trust and Allotted

lands, and multiple-use management of

these lands will not change to

accommodate black-footed ferrets. The

designation will not impose any new

restrictions on the State of South

Dakota. The Service has coordinated

extensively with the Tribe and State of

South Dakota, and they endorse the NEP

designation as the only feasible way to

pursue ferret recovery in the area. A

Federalism Assessment is not required.

Civil Justice Reform

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

This regulation contains collection of

information requiring Office of

Management and Budget (OMB)

approval under the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.

This information collection has been

approved by OMB and has been

assigned OMB control number 1018–

0095. An agency 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

We have analyzed this rule in

accordance with the criteria of the

National Environmental Policy Act of

1969 (NEPA). We have prepared an

Environmental Assessment (EA) as

defined under the authority of NEPA,

which is available from Service offices

identified in the ADDRESSES section. In

that EA we determined that this rule

does not constitute a major Federal

action significantly affecting the quality

of the human environment.

Government-to-Government

Relationship With Tribes

In accordance with the President’s

memorandum of April 29, 1994,

‘‘Government-to-Government Relations

with Native American Tribal

Governments’’ (59 FR 22951) and 512

DM 2, we have closely coordinated this

rule with the Cheyenne River Sioux.

Throughout development of this rule,

we maintained regular contact with the

Cheyenne River Sioux Tribe and have

received their full support in this

reintroduction.

Effective Date

We have waived the 30-day delay

between publication of this final rule

and its effective date as provided in the

Administrative Procedure Act (5 U.S.C.

533(d)(3)). This is necessary to ensure

that ferret kits are released on the

Cheyenne River Sioux Reservation at

the most biologically favorable time

possible. Previous ferret releases and

scientific study have demonstrated that

ferret survival is markedly enhanced by

adequate preconditioning of kits in

outdoor pens between 60–90 days of age

and subsequent release into the wild

from about 120–140 days of age.

The bulk of the annual production of

captive-reared ferrets for the year 2000

was completed between mid-May to

mid-June. To facilitate the

reintroduction of ferrets on the

60886 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

Cheyenne River Sioux Reservation site

in 2000, we have allocated ferrets from

later litters. However, in order to ensure

that ferrets are reintroduced as close to

optimal age as possible, it will be

necessary to release allocated ferrets by

October 2000.

A substantial delay of releasing ferrets

at optimal ages would necessitate the

transfer of allocated ferrets to other

reintroduction sites and would

postpone reintroduction efforts on the

Cheyenne River Sioux Reservation until

2001. Such an action would

substantially impact our ferret

reintroduction efforts for the year 2000

and would retard overall species

recovery. Good cause exists under 5

U.S.C. 553(d) for the rule to be effective

immediately upon publication.

References Cited

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

Richardson. 1986. Paleobiology,

biogeography, and systematics of the

black-footed ferret Mustela nigripes

(Audubon and Bachman), 1851. Great

Basin Naturalist Memoirs 8:11–62.

Biggins, D.E., J.L. Godbey, L.R. Hanebury, B.

Luce, P.E. Marinari, M.R. Matchett, A.

Vargas. 1998. The effects of rearing

methods on survival of reintroduced

black-footed ferrets. Journal of Wildlife

Management 62:643–653.

Cheyenne River Sioux Tribe. 1992. Prairie

Management Plan for the Cheyenne

River Sioux Reservation. 54 pages.

Cheyenne River Sioux Tribe. 1999. Prairie

Management Plan: Phase II for the

Cheyenne River Sioux Reservation. 37

pages.

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

T.M. Campbell III. 1985. Black-footed

ferret habitat: some management and

reintroduction considerations. Wyoming

Bureau of Land Management, Wildlife

Technical Bulletin, No. 2. 49 pages.

Henderson, F.R., P.F. Springer, and R.

Adrian. 1969. The black-footed ferret in

South Dakota. South Dakota Department

of Game, Fish and Parks, Technical

Bulletin 4:1–36.

U.S. Fish and Wildlife Service. 1988. Blackfooted ferret recovery plan. Denver,

Colorado. 154 pages.

Vargas, A., M. Lockhart, P. Marinari, and P.

Gober. 1998. Preparing captive-raised

black-footed ferrets (Mustela nigripes) for

survival after release. Jersey Wildlife

Preservation Trust 34:76–83.

Authors

The primary authors of this rule are

Mike Lockhart at telephone 307/721–

8805 and Scott Larson (see ADDRESSES

section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Special Regulations Promulgation

Accordingly, we amend part 17,

subchapter B of chapter I, title 50 of the

U.S. Code of Federal Regulations, as set

forth below:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C.

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted.

2. Amend section 17.11(h) by revising

the existing entry for ‘‘Ferret, blackfooted’’ under ‘‘MAMMALS’’ to read as

follows:

§ 17.11 Endangered and threatened

wildlife.

* * * * *

(h) * * *

Species

Historic range

Vertebrate population where endangered or threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

MAMMALS

*******

Ferret, black-footed ... Mustela nigripes ....... Western U.S.A.,

Western Canada.

Entire, except where

listed as an experimental population.

E 1, 3, 433,

545, 546,

582, 646,

703

NA NA

Do...... ................ ......do ....................... ......do ....................... U.S.A. (specified

portions of AZ,

CO, MT, SD, UT,

and WY, see

17.84(g)(9)).

XN 433, 545,

546, 582,

646, 703

NA 17.84(g)

*******

3. Amend section 17.84 as follows:

Revise the text of paragraph (g)(1) and

add paragraphs (g)(6)(vi), (g)(9)(vi), and

a new map to follow the five existing

maps at the end of paragraph (g):

§ 17.84 Special rules—vertebrates.

* * * * *

(g) Black-footed ferret (Mustela

nigripes).

(1) The black-footed ferret

populations identified in paragraphs

(g)(9)(i) through (vi) of this section are

nonessential experimental populations.

We will manage each of these

populations in accordance with their

respective management plans.

* * * * *

(6) * * *

(vi) Report such taking in the

Cheyenne River Sioux Tribe

Experimental Population Area to the

Field Supervisor, Ecological Services,

U.S. Fish and Wildlife Service, Pierre,

South Dakota (telephone 605/224–

8693).

* * * * *

(9) * * *

(vi) The Cheyenne River Sioux Tribe

Reintroduction Area is shown on the

map of north-central South Dakota at

the end of paragraph (g) of this section.

The boundaries of the nonessential

experimental population area are the

exterior boundaries of the Cheyenne

River Sioux Reservation which includes

all of Dewey and Ziebach Counties,

South Dakota. Any black-footed ferret

found in the wild within these counties

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 the Experimental Population

Area in north-central South Dakota

would initially be considered as

endangered but may be captured for

genetic testing. When a ferret is found

outside the Experimental Population

Area, the following may occur:

(A) If an animal is genetically

determined to have originated from the

experimental population, we may return

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60887

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. Up to nine blackfooted ferrets may be taken for use in

the captive-breeding program.

* * * * *

BILLING CODE 4310–55–P

60888 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60889

* * * * *

Dated: September 28, 2000.

Kenneth L. Smith,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 00–26349 Filed 10–12–00; 8:45 am]

BILLING CODE 4310–55–C

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 635

[Docket No. 000928277-0277-01; I.D.

091100A]

RIN 0648-AO67

Atlantic Highly Migratory Species;

Pelagic Longline Fishery; Sea Turtle

Protection Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency rule; request for

comments.

SUMMARY: NMFS issues emergency

regulations to implement a time and

area closure for pelagic longline fishing,

within the Northeast Distant Statistical

Sampling (NED) Area. Additionally, this

rule requires all pelagic longline vessels

that have been issued Federal highly

migratory species (HMS) fishing permits

and that fish in the Atlantic Ocean,

including the Gulf of Mexico and

Caribbean Sea, to carry on board dipnets

and line clippers meeting NMFS design

and performance standards. These

regulations are necessary to reduce the

bycatch and bycatch mortality of

loggerhead and leatherback sea turtles

by the Atlantic pelagic longline fishery.

DATES: This emergency rule is effective

October 10, 2000, through April 9, 2001,

except that the amendment to

§ 635.21(c)(5) is effective November 24,

2000, through April 9, 2001. Comments

must be received no later than 5 p.m. on

January 8, 2001.

ADDRESSES: Written comments on this

action must be mailed to Christopher

Rogers, Acting Chief, NMFS Highly

Migratory Species Management

Division, 1315 East-West Highway,

Silver Spring, MD 20910; or faxed to

301-713-1917. Comments will not be

accepted if submitted via email or the

Internet. Copies of the environmental

assessment and regulatory impact

review prepared for this action may be

obtained from Christopher Rogers.

FOR FURTHER INFORMATION CONTACT:

Margo Schulze-Haugen, Karyl BrewsterGeisz, or Tyson Kade at 301-713-2347.

SUPPLEMENTARY INFORMATION: The

Atlantic swordfish and tuna fisheries

are managed under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) and the

Atlantic Tunas Convention Act. The

Fishery Management Plan for Atlantic

Tunas, Swordfish, and Sharks (HMS

FMP) is implemented by regulations at

50 CFR part 635.

Pelagic Longline Fishery

Pelagic longline gear is the dominant

commercial fishing gear used by U.S.

fishermen in the Atlantic Ocean to

target HMS. The gear consists of a

mainline, often many miles long,

suspended in the water column by floats

and from which baited hooks are

attached on leaders (gangions). Though

not completely selective, longline gear

can be modified (e.g., gear

configuration, hook depth, timing of

sets) to target preferentially yellowfin

tuna, bigeye tuna, or swordfish.

Observer data and vessel logbook data

indicate that pelagic longline fishing for

Atlantic swordfish and tunas results in

catch of such non-target finfish species,

as bluefin tuna, billfish, undersized

swordfish, and of protected species,

including threatened and endangered

sea turtles. The bycatch of fish that are

hooked but not retained due to

economic or regulatory factors

contributes to overall fishing mortality.

Such bycatch mortality may

significantly impair the rebuilding of

overfished finfish stocks. Additionally,

the bycatch of protected species (sea

turtles or marine mammals) may

significantly impair the recovery of

these species.

Consistent with national standard 9 of

the Magnuson-Stevens Act, NMFS has

implemented measures to reduce

bycatch and bycatch mortality to the

extent practicable in the Atlantic pelagic

longline fishery. In 1999, NMFS

implemented a time and area closure in

the Mid-Atlantic bight for the month of

June to reduce bycatch of Atlantic

bluefin tuna (64 FR 29090, May 28,

1999). Additionally, NMFS

implemented a year-round time and

area closure in the northeastern Gulf of

Mexico (DeSoto Canyon), effective

November 1, 2000; a year-round time

and area closure along the east coast of

Florida, effective February 1, 2001; and

a 3-month time and area closure off

Georgia, South Carolina, and a portion

of North Carolina (Charleston Bump),

effective February 1, 2001 (65 FR 47214,

August 1, 2000).

Sea Turtle Bycatch Reduction

Under the Endangered Species Act

(ESA), NMFS is required to address

fishery-related take of sea turtles that are

listed as threatened or endangered.

Although a high percentage of hooked

sea turtles are released alive, NMFS

remains concerned about serious

injuries of turtles taken by pelagic

longline gear. On November 19, 1999,

NMFS re-initiated consultation under

section 7 of the ESA based on

preliminary reports observing that

incidental take of loggerhead sea turtles

by the Atlantic pelagic longline fishery

during 1999 had exceeded levels

anticipated in the Incidental Take

Statement previously issued for the

HMS FMP. Additionally, the

consultation considered the impacts of

the pelagic longline rulemaking that was

in preparation because it was

recognized that certain time and area

closures, if implemented, could affect

the overall interaction rates of the

pelagic longline fleet with sea turtles.

National standard 9 of the MagnusonStevens Act requires that conservation

and management measures, ‘‘to the

extent practicable, (A) minimize bycatch

and (B) to the extent bycatch cannot be

avoided, minimize the mortality of such

bycatch.’’ Sea turtles are defined as

bycatch in the Magnuson-Stevens Act

because they may not be retained and

must be released. In certain times and

areas, the Atlantic pelagic longline

fishery has relatively high rates of sea

turtle bycatch, with associated

mortality.

In its most recent Biological Opinion

(BO) on management of the Atlantic

HMS fisheries, completed June 30, 2000,

NMFS concluded that operation of the

pelagic longline fishery jeopardized the

continued existence of threatened

loggerhead and endangered leatherback

sea turtles. This conclusion was based

on the current status of the loggerhead

and leatherback sea turtle populations

in the Atlantic Ocean, Caribbean Sea,

and Gulf of Mexico, the status of the

northern subpopulation of loggerhead

sea turtles, and the anticipated

continuation of current levels of injury

and mortality of both species described

in the environmental baseline and

cumulative effects section of the BO.

The future trend of species abundance

considers the current rate of bycatch in

HMS fisheries and the potential shifts in

effort estimated in the Final

Supplemental Environmental Impact

Statement on the Regulatory

Amendment to the Atlantic Tunas,

Swordfish, and Sharks Fishery

Management Plan.