[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Proposed Rules]
[Pages 19263-19275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08271]


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

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: Proposed rule; notice of availability.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in 
coordination with the State of Wyoming and other partners, propose to 
reestablish additional populations of the black-footed ferret (Mustela 
nigripes), a federally listed endangered mammal, into occupied prairie 
dog (Cynomys spp.) habitat in Wyoming. We propose to reestablish the 
black-footed ferret under section 10(j) of the Endangered Species Act 
of 1973, as amended (Act), and to classify any reestablished population 
as a nonessential experimental population (NEP). This approach would 
provide relaxed management rules to facilitate reintroductions. We are 
seeking comments on this proposal and on our draft environmental 
assessment, prepared pursuant to the National Environmental Policy Act 
of 1969, as amended (NEPA), which analyzes the potential environmental 
impacts associated with the proposed reintroduction.
    We are also notifying the public that we are amending the List of 
Endangered and Threatened Wildlife (List) to reflect the scientifically 
accepted historical range of the black-footed ferret. The revised 
historical range description includes Mexico. The historical range 
information in the List is informational, not regulatory.

DATES: We will accept comments received or postmarked on or before

[[Page 19264]]

June 9, 2015. Please note that if you are using the Federal eRulemaking 
Portal (see ADDRESSES), the deadline for submitting an electronic 
comment is 11:59 p.m. Eastern Time on this date.

ADDRESSES: Written Comments: You may submit comments by one of the 
following methods:
    <bullet> Electronically: Go to the Federal eRulemaking Portal: 
http://www.regulations.gov. In the Search box, enter Docket No. FWS-R6-
ES-2015-0013, which is the docket number for this rulemaking. Then, 
click the Search button. In the Search panel on the left side of the 
screen, under the Document Type heading, click on the box next to 
Proposed Rules to locate this document. You may submit a comment by 
clicking on ``Comment Now!''
    <bullet> By hard copy: Submit by U.S. mail or hand-delivery to: 
Public Comments Processing, Attn: FWS-R6-ES-2015-0013; U.S. Fish and 
Wildlife Service, MS: BPHC; 5275 Leesburg Pike; Falls Church, VA 22041-
3803.
    We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see the Public Comments section, below, for more information).
    Copies of Documents: The proposed rule and draft environmental 
assessment are available on http://www.regulations.gov. In addition, 
the supporting file for this proposed rule will be available for public 
inspection, by appointment, during normal business hours, at the 
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 1-800-877-8339.

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: 

Public Comments

    We want any final rule resulting from this proposal to be as 
effective as possible. Therefore, we invite Tribal and governmental 
agencies, the scientific community, industry, and other interested 
parties to submit comments or recommendations concerning any aspect of 
this proposed rule. Comments should be as specific as possible.
    To issue a final rule to implement this proposed action, we will 
take into consideration all comments and any additional information we 
receive. Such communications may lead to a final rule that differs from 
this proposal. All comments, including commenters' names and addresses, 
if provided to us, will become part of the supporting record.
    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in the ADDRESSES section. Comments 
must be submitted to http://www.regulations.gov before 11:59 p.m. 
(Eastern Time) on the date specified in the DATES section. We will not 
consider hand-delivered comments that we do not receive, or mailed 
comments that are not postmarked, by the date specified in the DATES 
section.
    We will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. If you provide 
personal identifying information in your comment, you may request at 
the top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as some of the 
supporting documentation we used in preparing this proposed rule, will 
be available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours at the U.S. Fish and Wildlife 
Service, Wyoming Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).
    We are specifically seeking comments concerning:
    <bullet> The appropriateness of designating reintroduced 
populations of black-footed ferrets in Wyoming as NEPs;
    <bullet> Threats to black-footed ferrets in the proposed NEP area 
that have not been considered in this proposed rule and that might 
affect a reintroduced population;
    <bullet> The suitability of the proposed boundaries for this NEP;
    <bullet> The effects of reintroducing black-footed ferrets on 
public and private land management activities such as ranching, 
recreation, energy development, and residential development; and
    <bullet> The compatibility of this proposal and ongoing efforts to 
implement the black-footed ferret safe harbor agreement (SHA) in 
cooperation with non-federal landowners.

Peer Review

    In accordance with our Interagency Cooperative Policy for Peer 
Review in Endangered Species Act Activities, which was published on 
July 1, 1994 (59 FR 34270), we will seek the expert opinion of at least 
three appropriate and independent specialists regarding scientific data 
and interpretations contained in this proposed rule. We will send 
copies of this proposed rule to the peer reviewers immediately 
following publication in the Federal Register. The purpose of such 
review is to ensure that our decisions are based on scientifically 
sound data, assumptions, and analysis. Accordingly, the final decision 
may differ from this proposal.

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 Act (16 U.S.C. 1531 et seq.) without 
critical habitat. The Act provides that species listed as endangered 
are afforded protection primarily through section 9 prohibitions and 
the consultation requirements of section 7. Section 9 of the Act, among 
other things, prohibits the taking of endangered wildlife. ``Take'' is 
defined by the Act as to 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.
    Congress amended the Act in 1982, because species' reintroductions 
were difficult to achieve due to concerns over the rigid protection and 
prohibitions surrounding listed species (U.S. Fish and Wildlife Service 
2010). Although the Secretary of the U.S. Department of the Interior 
(Secretary) already had authority to conserve a species by

[[Page 19265]]

introducing it in areas outside its current range, Congress enacted the 
provisions of section 10(j) to mitigate fears that reintroduced 
populations would negatively impact landowners and other private 
parties. Congress recognized that more flexible reintroduction rules 
could encourage recovery partners to host such populations on their 
lands (H.R. Rep. No. 97-567, at 8 (1982)). Congress designed section 
10(j) to provide the Secretary regulatory flexibility and discretion in 
managing the reintroduction of endangered species. This flexibility 
allows the Secretary to better conserve and recover endangered species 
(H.R. Rep. No. 97-567, at 33 (1982)).
    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. This 
approach allows us to develop tailored take prohibitions under section 
4(d) of the Act that are necessary and advisable to provide for the 
conservation of the species. In these situations, the general 
regulations that extend most section 9 prohibitions to threatened 
species do not apply to that species, and the 10(j) rule that already 
exists for the black-footed ferret contains the prohibitions and 
exemptions necessary and appropriate to conserve that species.
    Authorities under section 10(j) of the Act have been successfully 
used to reintroduce black-footed ferrets in other portions of their 
range, which historically included portions of Arizona, Colorado, 
Kansas, Montana, Nebraska, New Mexico, North Dakota, Oklahoma, South 
Dakota, Texas, Utah, and Wyoming, as well as Saskatchewan, Canada, and 
Chihuahua, Mexico. Eleven of 24 reintroduction efforts, including the 
first ferret reintroduction at Shirley Basin, Wyoming, were established 
pursuant to section 10(j); seven reintroduction efforts were authorized 
via scientific recovery permits issued by the Service under section 
10(a)(1)(A); and four sites were established via the SHA. Ferrets 
reintroduced at sites in Canada and Mexico are regulated under other 
authorities by their respective governments.
    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 will use the best 
scientific and commercial data available to consider the following 
factors (see 49 FR 33893, August 27, 1984).
(1) Any Possible Adverse Effects on Extant Populations of a Species as 
a Result of Removal of Individuals, Eggs, or Propagules for 
Introduction Elsewhere
    The captive-breeding population of black-footed ferrets is the 
primary repository of genetic diversity for the species. Ferrets are 
dispersed among six facilities, protecting the species from a single 
catastrophic event. Approximately 250 juvenile ferrets are produced 
annually through the captive breeding program; approximately 80 
juveniles are retained annually for future captive breeding purposes, 
and the remaining juveniles are considered excess and are allocated for 
reintroduction or occasionally for research (U.S. Fish and Wildlife 
Service 2013a, p. 81). Ferrets selected for reintroduction under this 
proposed rule will be genetically redundant to animals maintained for 
captive-breeding; hence any loss of reintroduced animals 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.
(2) The Likelihood That Any Such Experimental Population Will Become 
Established and Survive in the Foreseeable Future
    The best available data indicate that reintroduction of black-
footed ferrets into occupied prairie dog habitat in Wyoming is 
biologically feasible and will promote conservation of the species. 
Currently, we estimate a minimum of 102 breeding adult ferrets at 
Shirley Basin, Wyoming (U.S. Fish and Wildlife Service 2013a, Table 2). 
Shirley Basin is one of four currently successful ferret reintroduction 
sites (U.S. Fish and Wildlife Service 2013a, pp. 22 and 73). We are 
confident that Wyoming can support additional successful reintroduction 
sites, based on the amount of available habitat and a history of 
successful ferret management at Shirley Basin since 1991.
(3) The Relative Effects That Establishment of an Experimental 
Population Will Have on the Recovery of the Species
    Participation by as many of the States and Tribes within the black-
footed ferret's historical range as possible is important to achieving 
recovery of the species. We consider occupied prairie dog habitat to be 
potential habitat for ferrets. Tribes have played an important role in 
ferret recovery in several areas of the species' historical range. 
However, 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 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. Wyoming currently contains more than 3 
million acres (ac) (1,215,000 hectares (ha)) of prairie dog occupied 
habitat (Van Pelt 2013, pp. 8 and 14). Consequently, Wyoming has the 
potential to play a significant role in recovery of the ferret.
(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
    We conclude that the effects of Federal, State, and private actions 
will not pose a substantial threat to black-footed ferret establishment 
and persistence in Wyoming because the best available information, 
including the past history of ferret reintroductions at other sites 
rangewide, indicates that activities currently occurring or likely to 
occur at prospective reintroduction sites in occupied prairie dog 
habitat within the proposed NEP area are compatible with ferret 
recovery (see subsequent discussion on management).
    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,

[[Page 19266]]

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. 
Detailed information on each of these required elements is provided in 
the following sections.
    Under 50 CFR 17.81(d), the Service must consult with appropriate 
State fish and wildlife agencies, Tribes, local governmental entities, 
affected Federal agencies, and affected private landowners in 
developing and implementing experimental population rules. To the 
maximum extent practicable, section 10(j) rules represent an agreement 
between the Service; the affected State, Tribal, 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 this 
proposed experimental population would not be essential to survival of 
the black-footed ferret in the wild because loss of an experimental 
population in Wyoming will not affect the 23 reintroduction sites 
outside of Wyoming in Arizona, Colorado, Kansas, Montana, New Mexico, 
South Dakota, and Utah; 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.
    All reintroduction efforts are undertaken to move a species toward 
recovery. Recovery of the black-footed ferret will require 
participation by at least 9 of the 12 States within the species' 
historical range (U.S. Fish and Wildlife Service 2013a, p. 6). Wyoming 
contains 10 percent of the species' historical range in the United 
States (Ernst et al. 2006, table 1) and an even higher percentage of 
habitat that is currently available--more than 3 million ac (1,215,000 
ha) of prairie dog occupied habitat (Van Pelt 2013, pp. 8 and 14). 
Therefore, the State could play a significant role in the species' 
recovery. However, this does not mean that ferret populations in 
Wyoming are ``essential'' under section 10(j) of the Act.
    The potential future loss of black-footed ferrets from Wyoming 
would not affect the species' survival throughout the remaining 90 
percent of its range in the wild, or in captivity. We estimate that 
there are approximately 418 breeding adult ferrets in the wild, 
including approximately 102 breeding adults in the reintroduced 
population at Shirley Basin, Wyoming (24 percent of ferrets in the 
wild); there are a minimum of 280 breeding adults in captivity (U.S. 
Fish and Wildlife Service 2013a, pp. 22 and 68). 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. Captive-breeding 
and reintroduction of surplus ferrets have occurred since 1991, with no 
apparent loss of reproductive capability in the wild observed to date. 
The loss of an experimental population in Wyoming will not appreciably 
reduce the likelihood of future survival of the ferret rangewide. 
Therefore, the Service is proposing to designate an NEP for the ferret 
throughout Wyoming.
    For the purposes of section 7 of the Act, we treat an NEP as a 
threatened species when the NEP is located within a National Wildlife 
Refuge or unit of the National Park Service, and Federal agency 
conservation requirements under section 7(a)(1) and 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 they authorize, fund, or carry 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 not be required for black-footed ferrets 
established within the proposed NEP area in Wyoming. Nonetheless, some 
agencies voluntarily confer with the Service on actions that may affect 
a species proposed for listing. Activities that are not carried out, 
funded, or authorized by Federal agencies are not subject to provisions 
or requirements in section 7.
    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 for a reintroduced species 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 1.4-2.5 pounds (645-1125 grams) and 
measuring 19-24 inches (479-600 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

[[Page 19267]]

have supported 500,000-1,000,000 ferrets historically (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). We conclude that the ferret's historical range 
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 (U.S. Fish and Wildlife Service 2013a, 
pp. 16-17).
    Black-footed ferrets historically occurred throughout Wyoming 
(except for the extreme northwest corner of the State) within black-
tailed prairie dog habitat in the eastern portion of the State and 
white-tailed prairie dog habitat in the west (Anderson et al. 1986, p. 
48). The last wild population of ferrets 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 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 (U.S. Fish and Wildlife Service 2013c). In 
Shirley Basin, Wyoming, a reintroduced population of ferrets was 
established as an NEP in accordance with section 10(j) of the Act. 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 this reintroduction effort has been found in 
Sweetwater County or elsewhere in Wyoming. The map at the conclusion of 
this proposed rule identifies the existing NEPs in Wyoming.

Relationship of the Experimental Population to Recovery Efforts

    All currently known black-footed ferrets in the wild are the result 
of reintroduction efforts. As previously discussed, only ferrets that 
are surplus to the needs of the captive-breeding program are used for 
reintroduction into the wild. 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 
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 (U.S. Fish and Wildlife 
Service 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; each ferret population should 
contain at least 30 breeding adults to be considered viable (U.S. Fish 
and Wildlife Service 2013a, Table 8).
    Currently, we estimate a minimum of 102 breeding adult black-footed 
ferrets at Shirley Basin, Wyoming (U.S. Fish and Wildlife Service 
2013a, Table 2). Shirley Basin is one of four currently successful 
ferret reintroduction sites--other successful sites include two in 
South Dakota and one in Arizona (U.S. Fish and Wildlife Service 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) and a history of successful ferret management at 
Shirley Basin since 1991. Additional viable ferret populations within 
Wyoming will aid recovery of the species.
    In 2013, the Service developed a programmatic SHA to encourage non-
federal landowners to voluntarily undertake conservation activities on 
their properties that would benefit the black-footed ferret (U.S. Fish 
and Wildlife Service 2013b). This SHA is applicable across the 12 
States in the ferret's historical range, including Wyoming. Landowners 
are provided assurances that additional restrictions will not be 
required, as long as the landowner complies with provisions outlined in 
the SHA and detailed in a Reintroduction Plan developed for the 
enrolled lands. The goals of the SHA and the proposed 10(j) are 
similar--achieve recovery of the ferret. However, conservation 
activities are more tailored to the specific site under the SHA. There 
are also differences between SHA and 10(j) regarding regulations under 
the Act (statutory and regulatory framework are discussed in the 
Background section, above). The decision of whether to use 10(j) or the 
SHA is at the landowner's discretion.

Location of the Proposed Nonessential Experimental Population

    The proposed NEP for Wyoming would be Statewide, with the exception 
of the two areas where an NEP designation for black-footed ferret 
already exists (see below). Furthermore, suitable habitat for black-
footed ferret reintroduction in the proposed NEP would likely be 
limited to 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. If this rule is finalized 
as proposed, any ferrets found in Wyoming would be considered part of 
an NEP. There are many historical records of ferrets within the 
proposed NEP (Anderson et al. 1986, pp. 36-37). However, the species 
has been extirpated throughout the State since 1987, with the exception 
of a reintroduced ferret population in the Shirley Basin. 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 and includes a very small 
portion of Sweetwater County in Wyoming. Both of these NEPs would 
remain outside the boundary of the proposed NEP under 10(j) of the Act, 
and would continue to operate under their respective management plans. 
Any new reintroduction sites within the proposed NEP would require 
development of a management plan specific to that site.
    Several sites in Wyoming are suitable for reintroduction of black-
footed ferrets

[[Page 19268]]

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 
and 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 3-10 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 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. 
With an estimated 102 breeding adult ferrets already established at 
Shirley Basin, suggested numerical recovery guidelines for Wyoming of 
171 breeding adults to support rangewide downlisting and 341 breeding 
adults to support rangewide delisting are achievable. 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 (U.S. Fish and Wildlife Service 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 of supporting ferrets at reintroduction 
sites by providing vaccine to wild prairie dogs via oral bait.
    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. These 
reintroduced populations would be managed as a NEP. If this proposed 
rule is finalized, the WGFD, in cooperation with the Service, would 
have primary management responsibilities for ferret reintroductions in 
Wyoming. Based upon the past history of successful management at 
Shirley Basin, Wyoming, and the substantial amount of occupied prairie 
dog habitat available for additional reintroduction of 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 (U.S. Fish and Wildlife Service 
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 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 the 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 poisoning 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) and the development of 
vaccines that prevent plague in prairie dogs and black-footed ferrets, 
is also being used.
    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 and 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.

[[Page 19269]]

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 Management, 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, proposed 
reintroduction and monitoring methods, and predator management. 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 proposed 
Wyoming NEP 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 2-4 years. Released 
ferrets will be excess to the needs of the captive-breeding program.

Donor Stock Assessment and Effects on 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 ferret populations, both captive and reintroduced, descend from 
these seven founders. 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 
(U.S. Fish and Wildlife Service 2013a, p. 81).
    Black-footed ferrets used to establish any experimental population 
in the proposed Wyoming NEP 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 250 juvenile ferrets 
annually. Currently, 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 (U.S. Fish and Wildlife Service 2013a, p. 81). 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

    Additional successful reintroductions of black-footed ferrets are 
necessary for recovery of the species. We propose that any future 
releases of ferrets in Wyoming be designated as 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. The existing 10(j) rules for the ferret exempt from 
the section 9 take prohibitions any take of ferrets that is accidental 
and incidental to otherwise lawful activities. We provide this 
exemption to this proposed 10(j) because we believe, based upon 
experience at previous reintroduction sites, that incidental take 
associated with otherwise lawful activities such as ranching and energy 
development will be low. Poisoning of prairie dogs can occur in black-
tailed prairie dog habitat and could result in incidental take of 
ferrets. However, economic constraints have typically minimized the 
extent of poisoning in recent years compared to what occurred 
historically. We will ensure, as confirmed through our section 10 
permitting authority and the section 7 consultation process, that the 
use of ferrets from the donor population (either the captive-breeding 
population or a self-sustaining wild population) for release into the 
proposed Wyoming NEP is not likely to jeopardize the continued 
existence of the species in the wild.
    This NEP 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 population onto a new 
reintroduction site. The only potential adverse effect would be to 
ferrets at a new reintroduction site, if a ferret population proves 
difficult to establish. However, we expect that reintroduction efforts 
into the proposed Wyoming NEP will result in the successful 
establishment of one or more self-sustaining populations, which will 
contribute to the recovery of the species.

Management

    If this rule is finalized as proposed, 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 proposed Wyoming 
NEP area would be guided by provisions in management plans developed in 
cooperation with partners (WGFD) and stakeholders such as U.S. 
Department of Agriculture'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.

[[Page 19270]]

    We conclude that the effects of Federal, State, and private actions 
will not pose a substantial threat to black-footed ferret establishment 
and persistence in Wyoming because management activities--primarily 
ranching and energy development--currently occurring at prospective 
reintroduction sites in occupied prairie dog habitat within the 
proposed NEP area are compatible with ferret recovery, provided lethal 
control of prairie dogs does not 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). This conclusion is based upon our past 
experience at ferret reintroduction sites in Wyoming and elsewhere 
throughout the species' range. The best available information indicates 
that future ranching activities and energy development also would be 
compatible with ferret recovery. 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 its lands, 
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). The Wyoming State 
Wildlife Action Plan states that the current legal designation for the 
ferret (endangered) precludes the ability to initiate additional 
reintroduction attempts outside of the existing 10(j) at Shirley Basin; 
however, cooperative approaches to eliminate legal hurdles that 
preclude additional reintroduction sites should be developed (Wyoming 
Game and Fish Department 2010, pp. IV-2-10--IV-2-11). This proposed 
rule is being developed in cooperation with the State to address those 
legal barriers and initiate additional ferret reintroductions in 
Wyoming. The WGFD has experience in managing the ferret at the Shirley 
Basin Reintroduction site. Therefore, we anticipate appropriate 
management by WGFD on any future ferret reintroduction sites in 
Wyoming.
    Management issues related to the black-footed ferret proposed 
Wyoming NEP 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 that are developed under section 4(d) of the Act. If this 10(j) 
rule is finalized, incidental take of black-footed ferrets within the 
proposed NEP area would not be prohibited, provided that the take is 
unintentional and is in accordance with the existing 10(j) regulation. 
However, if there is evidence of intentional take of this species 
within the proposed NEP area, we would refer the matter to the 
appropriate law enforcement entities for investigation. This would be 
consistent with how we currently manage lands enrolled in the SHA where 
intentional take is also not allowed.
    (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 proposed 
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 proposed population 
establishment, provided an NEP is designated and a 10(j) rule is 
promulgated to allow incidental take under the section 9 take 
prohibitions.
    (d) Public awareness and cooperation: We will inform the general 
public of the importance of this reintroduction project for the overall 
recovery of the black-footed ferret through this proposed rule and 
associated public meetings, if requested. Designation of the NEP under 
a 10(j) for Wyoming would increase reintroduction opportunities and 
provide greater flexibility in the 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 for listing (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.

[[Page 19271]]



 Table 1--Federally Listed, Proposed for Listing, and Candidate Species
                               in Wyoming
------------------------------------------------------------------------
                                         Current status in Wyoming under
                Species                              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).....  Endangered.
Wyoming toad (Anaxyrus baxteri)........  Endangered.
Bonytail chub (Gila elegans)...........  Endangered.
Colorado pikeminnow (Ptychocheilus       Endangered.
 lucius).
Humpback chub (Gila cypha).............  Endangered.
Razorback sucker (Xyrauchen texanus)...  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                 Threatened, with critical
 xanthocephalus).                         habitat.
Western prairie fringed orchid           Threatened.
 (Platanthera praeclara).
Ute Ladies'-tresses (Spiranthes          Threatened.
 diluvialis).
Northern long-eared bat (Myotis          Proposed endangered.
 septentrionalis).
Greater sage-grouse (Centrocercus        Candidate.
 urophasianus).
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 proposed Wyoming NEP, other than the ferret, is the 
greater sage-grouse. 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 threats 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 12-month finding (75 FR 13910, March 23, 2010). 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. Prairie dogs may clip shrubs, including sagebrush, within 
their colonies (Johnson-Nistler et al. 2004, p. 644). Ferrets prey upon 
prairie dogs; however, in the large prairie dog colonies required to 
maintain a viable ferret population we do not expect the predator-prey 
relationship between ferrets and prairie dogs to be altered inasmuch as 
predators do not limit their prey in a functioning ecosystem. 
Therefore, we do not expect the ecological dynamics between prairie 
dogs and sagebrush to be altered. Consequently, we do not expect ferret 
reintroduction efforts to adversely impact greater sage-grouse.
    (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 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 section (e) discussion, 
above). The greater sage-grouse, a candidate species, 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

[[Page 19272]]

Conservation Agreement for the greater sage-grouse.

Findings

    Based on the above information, and using the best scientific and 
commercial data available (in accordance with 50 CFR 17.81), we find 
that releasing black-footed ferrets into the proposed Wyoming NEP will 
further the conservation of the species, but that this population is 
not essential to the continued existence of the species in the wild.

Peer Review

    In accordance with our policy on peer review, published on July 1, 
1994 (59 FR 34270), we will provide copies of this proposed rule to 
three or more appropriate and independent specialists in order to 
solicit comments on the scientific data and assumptions relating to the 
supportive biological and ecological information for this proposed NEP 
designation. The purpose of such review is to ensure that the proposed 
NEP designation is based on the best scientific information available. 
We will invite these peer reviewers to comment during the public 
comment period and will consider their comments and information on this 
proposed rule during preparation of a final determination.

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. 601 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 (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. 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 are certifying 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 would be affected if this proposed rule is adopted 
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, we do not expect this rule to 
have significant effects on any activities on Federal, State, Tribal, 
or private lands within the NEP. In regard to section 7(a)(2), the 
population is treated as proposed for listing, and Federal action 
agencies are not required to consult on their activities, unless the 
ferret is located within a National Wildlife Refuge or unit of the 
National Park Service. 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 proposed species. 
However, because the proposed NEP is, by definition, not essential to 
the survival of the species, conferring will likely not be required for 
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 ferret, but we do not 
expect projects to be halted or substantially modified as a result of 
these regulations.
    If adopted, this proposal would 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, State, Tribal, 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 near the NEP area are 
ranching and energy development. 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 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) If adopted, this proposal would not ``significantly or 
uniquely'' affect small governments. We have determined and certify 
under the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that 
this proposed rulemaking would 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. As explained 
above, small governments would not be affected because the proposed NEP 
designation would not place additional requirements on any city, 
county, or other local municipalities.
    (2) This rule would not produce a Federal mandate of $100 million 
or greater in any year (i.e., it is not a

[[Page 19273]]

``significant regulatory action'' under the Unfunded Mandates Reform 
Act). This proposed NEP designation for the black-footed ferret would 
not impose any additional management or protection requirements on the 
State or other entities.

Takings (E.O. 12630)

    In accordance with Executive Order 12630, the proposed rule does 
not have significant takings implications. This rule would allow for 
the take of reintroduced black-footed ferrets when such take is 
incidental to an otherwise legal activity, such as recreation (e.g., 
hiking, hunting, bird watching), forestry, agriculture, hydroelectric 
power generation, 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 would 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 all economically beneficial 
or productive use of the land or aquatic resources. This rule would 
substantially advance a legitimate government interest (conservation 
and recovery of a listed species) and would not present a barrier to 
all reasonable and expected beneficial use of private property.

Federalism (E.O. 13132)

    In accordance with Executive Order 13132, we have considered 
whether this proposed rule has significant Federalism effects and have 
determined that a federalism summary impact statement is not required. 
This rule would 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 proposed 
rule with the affected resource agencies in Wyoming. Achieving the 
recovery goals for this species would contribute to its eventual 
delisting and its return to State management. No intrusion on State 
policy or administration is expected; roles or responsibilities of 
Federal or State governments would not change; and fiscal capacity 
would not be substantially directly affected. The proposed rule 
operates to maintain the existing relationship between the State and 
the Federal Government and is being undertaken in coordination with the 
State of Wyoming. Therefore, this rule does not have significant 
Federalism effects or implications to warrant the preparation of a 
federalism summary impact statement under 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 would not unduly burden the 
judicial system and would meet 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 approval 
from OMB before collecting information from the public. This proposed 
rule does not contain any new information collections that require 
approval. 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 collect or sponsor and you are 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 NEPA, we have prepared a draft 
environmental assessment on this action, which is available for public 
review: (1) in person at the Wyoming Ecological Services Field Office 
(see ADDRESSES) and (2) online at http://www.regulations.gov under 
Docket No. FWS-R6-ES-2015-0013, or at http://www.fws.gov/wyominges/.

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 proposed 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 SHA (U.S. Fish and 
Wildlife Service 2013b). If ferrets were reintroduced on non-tribal 
lands adjacent to Tribal lands and subsequently dispersed onto Tribal 
lands, the aforementioned authorities would 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 have communicated 
this information to the Northern Arapaho and Eastern Shoshone Tribes in 
Wyoming in letters offering government-to-government consultation.

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 
because energy development is compatible with black-footed ferret 
recovery. Because this action is not a significant energy action, no 
Statement of Energy Effects is required.

Clarity of This Rule

    We are required by E.O. 12866, E.O. 12988, and the Presidential 
Memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
and paragraphs that are

[[Page 19274]]

unclearly written, which sections or sentences are too long, or the 
sections where you feel lists and tables would be useful.

References Cited

    A complete list of all references cited in this final rule is 
available 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 proposed rule are staff members of the 
Service's Mountain-Prairie Region and 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.

Proposed Regulation Promulgation

    Accordingly, we propose to 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.

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

0
3. Amend Sec.  17.84(g) by:
0
a. Revising paragraphs (g)(1) and (g)(6)(i);
0
b. By adding paragraph (g)(9)(viii); and
0
c. By adding a map entitled ``Wyoming Black-footed Ferret NEP'' 
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 NEP, 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)) 
and the small portion of Wyoming included as part of the Northwestern 
Colorado/Northeastern Utah Experimental Population Area (see paragraph 
(g)(9)(v)). 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. 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 19275]]

[GRAPHIC] [TIFF OMITTED] TP10AP15.004

* * * * *

    Dated: April 2, 2015.
 Michael J. Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-08271 Filed 4-9-15; 8:45 am]
 BILLING CODE 4310-55-P