29394 Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Proposed Rules

DEPARTMENT OF THE INTERIOR The second hearing will be in Baton Executive Summary Rouge, LA on June 25, 2015, from 7:00 Purpose of the Regulatory Action Fish and Wildlife Service to 9:00 p.m. (Central Time) (see ADDRESSES). We propose to remove the Louisiana 50 CFR Part 17 black bear from the Federal List of ADDRESSES: You may submit comments Endangered and Threatened Wildlife [Docket No. FWS–R4–ES–2015–0014; on this proposed rule and draft PDM FXES11130900000C2–156–FF09E32000] plan by one of the following methods: (50 CFR 17.11) due to recovery. This • Electronically: Go to the Federal proposed action is based on a thorough RIN 1018–BA44 eRulemaking Portal: http:// review of the best available and commercial information. This document Endangered and Threatened Wildlife www.regulations.gov. In the Search box, enter the Docket Number for this proposes to delist this threatened bear and Plants; Removal of the Louisiana and announces the availability of a draft Black Bear From the Federal List of proposed rule which is: FWS–R4–ES– 2015–0014. You may submit a comment post delisting monitoring (PDM1) plan. Endangered and Threatened Wildlife We are also proposing to remove the and Removal of Similarity-of- by clicking on ‘‘Comment now!’’ Please ensure that you have found the correct similarity of appearance protections for Appearance Protections for the the American black bear. American Black Bear rulemaking before submitting your comment. Basis for Action AGENCY: Fish and Wildlife Service, • By hard copy: Submit by U.S. mail Interior. or hand-delivery to: Public Comments We may delist a species if the best scientific and commercial data indicate ACTION: Processing, Attn: Docket Number, FWS– Proposed rule; availability of the species is neither a threatened draft post-delisting monitoring plan. R4–ES–2015–0014; U.S. Fish and Wildlife Service; Headquarters, ABHC– species nor an endangered species for SUMMARY: We, the U.S. Fish and PPM, 5275 Leesburg Pike, Falls Church, one or more of the following reasons: Wildlife Service (Service), propose to VA 22041–3803. (1) The species is extinct; remove the Louisiana black bear (Ursus We request that you send comments (2) the species has recovered and is no americanus luteolus) from the Federal only by the methods described above. longer threatened or endangered; or List of Endangered and Threatened We will post all comments on http:// (3) the original data used at the time Wildlife (List) due to recovery. This www.regulations.gov. This generally the species was classified were in error. proposed action is based on a thorough means that we will post any personal Here, we have determined that the review of the best available scientific information you provide us (see the species may be considered for delisting and commercial data, which indicate Information Requested section below for based on recovery: • The Louisiana black bear was listed that this subspecies has recovered and more information). as a threatened species primarily no longer meets the definition of a Document availability: A copy of the because of the historical modification threatened or endangered species under draft PDM plan can be viewed at and reduction of habitat, the reduced the Endangered Species Act of 1973, as http://www.regulations.gov under quality of remaining habitat due to amended (Act). Our review of the status Docket No. FWS–R4–ES–2015–0014, or fragmentation, and the threat of future of this subspecies shows that the threats at the Louisiana Ecological Services habitat conversion and human-related to the subspecies have been eliminated Field Office’s Web site at http:// mortality (57 FR 588, January 7, 1992). or reduced, and adequate regulatory www.fws.gov/lafayette/. A companion At that time, the Louisiana black bear mechanisms exist. The subspecies is guide that lists acronyms for this rule population consisted of three breeding now viable over the next 100 years with also can be found at these Web sites. subpopulations, the Tensas River, sufficient protected habitat to support Public hearing: We will hold public Upper Atchafalaya River, and Lower breeding and movement of individuals hearings on the proposed rule, at the Atchafalaya River Basins (TRB, UARB, between subpopulations so that the following locations: Tallulah, LA on and LARB, respectively). An indirect subspecies is not currently, and is not June 23, 2015, from 7:00 to 9:00 p.m. result of habitat fragmentation was likely to again become, a threatened (Central Time) at the Tallulah isolation of the already small bear species within the foreseeable future in Community Center, 800 North Beech populations, subjecting them to threats all or a significant portion of its range. Street, Tallulah, LA 71282 and Baton from such factors as demographic We also propose to remove from the List Rouge, LA on June 25, 2015, from 7:00 stochasticity 2 and inbreeding. However, the American black bear, which is listed to 9:00 p.m. (Central Time) at the key demographic attributes (e.g., within the historic range of the Louisiana Department of Wildlife and survival, fecundity 3, population growth Louisiana black bear due to similarity of Fisheries Headquarters, 2000 Quail rates, home ranges) for the Louisiana appearance. Finally, we announce the Drive, Baton Rouge, LA 70898. black bear were not known at the time availability of a draft post-delisting Comments will be accepted at the of listing. monitoring (PDM) plan for the hearings orally or in writing. • In February 2014, we completed a Louisiana black bear. We seek FOR FURTHER INFORMATION CONTACT: 5-year status review. The review information, data, and comments from Jeffrey Weller, Field Supervisor, U.S. indicated that habitat restoration and the public regarding this proposal to Fish and Wildlife Service, Louisiana protection, designed to facilitate delist this subspecies and on the draft Ecological Services Field Office, 646 population expansion, movement of PDM plan. Cajundome Boulevard, Suite 400, bears between subpopulations, and DATES: To allow us adequate time to Lafayette, Louisiana 70506; telephone (337) 291–3100. Individuals who are consider your comments on this 1 See list of commonly used acronyms at proposed rule, we must receive your hearing-impaired or speech-impaired www.regulations.gov (Docket No. FWS–R4–ES– comments on or before July 20, 2015. may call the Federal Information Relay 2015–0014) and www.fws.gov/lafayette. We will hold two public hearings on Service at (800) 877–8339 for TTY 2 ‘‘Demographic stochasticity’’ is defined as the variability in population growth rates arising from this proposed rule. The first hearing will assistance 24 hours a day, 7 days a week. random differences among individuals in survival be in Tallulah, LA on June 23, 2015, and reproduction within a season. from 7:00 to 9:00 p.m. (Central Time). SUPPLEMENTARY INFORMATION: 3 the reproductive rate of an organism.

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genetic exchange between female mortality (due to anthropogenic individuals between those subpopulations, had increased the and natural sources of mortality, subpopulations has been achieved. amount of habitat protected and existing dispersal barriers, and other • A large proportion of habitat (an reduced habitat fragmentation; trends in threats to the LARB subpopulation). A increase of over 430 percent since the habitat conversion and loss were metapopulation (a group of time of listing) supporting breeding reduced and in some instances appeared subpopulations that interact (i.e., subpopulations and interconnecting to have reversed. As identified in the 5- movement of individuals)) now exists those subpopulations has been year review, the TRB, UARB, and LARB among the TRB, UARB, and the TRC protected and restored through breeding subpopulations had increased subpopulation as a result of bear management on publicly owned lands, in numbers and range and appeared to movements among them. Other or through private landowner be stable or increasing. Additionally, interactions have been documented restoration efforts with permanent non- one new breeding subpopulation, the among these and newly forming developmental easements. The threat of Three Rivers Complex (TRC), had subpopulations in Louisiana and significant habitat loss and conversion formed in Louisiana, and three more Mississippi, as well as movement of that was present at listing has been breeding subpopulations were forming individuals from subpopulations in significantly reduced and in many cases on adjacent lands in Mississippi. The Arkansas, has been documented. The reversed. These habitat restoration and extent of movement of individuals current potential for movement of protection activities are expected to between subpopulations and the limits individuals between the LARB and continue due to their value to many to that interchange had not been other subpopulations is low other species. Since the listing of the Louisiana black bear in 1992, voluntary documented at the time of the 5-year (nonexistent for female bears), and landowner-incentive based habitat review. We described in the review that immigration into this subpopulation has restoration programs and environmental we anticipated making additional not been documented (Laufenberg and regulations have not only stopped the progress with partners and believed Clark 2014, p. 85). However, reports of net loss of forested lands in the Lower delisting could be considered for this bear live-captures, known natal dens, Mississippi River Alluvial Valley subspecies in the near future. However, and confirmed sightings indicate bears (LMRAV), but have resulted in the review did not include a can and do move out (at least significant habitat gains within both the recommendation to reclassify or delist temporarily) of this subpopulation LMRAV and the Louisiana black bear this subspecies. (Figure 1, Davidson et al. 2015, p. 24). • habitat restoration planning area Since completion of the 5-year Dispersal by male bears of more than (HRPA). A substantial portion of those review, the Louisiana black bear 100 miles is not unusual and combined restored habitats are protected with population now consists of four main with the documented occurrences of perpetual non-development easements subpopulations in Louisiana and several bears (likely males) on the higher (through the NRCS’s Wetland Reserve additional satellite subpopulations in portions (levees and ridges) of the Program [WRP] or wetland mitigation Louisiana and Mississippi. Research has Atchafalaya Basin spanning the area banking programs) (see the Factor D documented that the four main between the UARB and LARB evaluation below). Public management Louisiana subpopulations (TRB, TRC, subpopulations, the movement of areas such as National Wildlife Refuges UARB, and LARB) are stable or individuals between the other (NWRs), Wildlife Management Areas increasing (Hooker 2010, O’Connell subpopulations cannot be ruled out. (WMAs), and Corps of Engineers (Corps) 2013, Troxler 2013, Laufenberg and Overall, the Louisiana black bear lands supporting Louisiana black bear Clark 2014, entire documents metapopulation (TRB, UARB, and TRC) subpopulations are also protected and respectively). The Louisiana black bear has an estimated probability of long- managed in a way that benefits the recovery plan defines a minimum viable term persistence (more than 100 years) Louisiana black bear. Remnant and subpopulation as one that has a 95 of 0.996 under even the most restored forested wetlands are provided percent or better chance of persistence conservative scenario (Laufenberg and protection through applicable over 100 years, despite the foreseeable Clark 2014, p. 82). The current conservation regulations (e.g., Section effects of four stochastic factors: movement of individuals between the 404 of the Clean Water Act of 1972 demography, environment, genetics, additional subpopulations elsewhere in [CWA]). and natural catastrophe (Service 1995, Louisiana and Mississippi would only Taking into consideration the current p. 14). According to the most recent improve metapopulation’s chance for long-term viability of the Louisiana research and modeling efforts, the TRB persistence (Laufenberg and Clark 2014, black bear metapopulation (TRB, TRC, subpopulation has a 96 to 100 percent p. 94). The opportunity for movement of and UARB), the protection of suitable probability of persistence over 100 individuals between the TRB–TRC– habitat, and the lack of significant years; similarly, the UARB UARB metapopulation and the LARB threats to the Louisiana black bear or its subpopulation has an 85 to 99 percent subpopulation is currently low; habitat, our conclusion is that this probability of persistence over the next however, the presence of the relatively subspecies no longer meets the 100 years (Laufenberg and Clark 2014, large LARB subpopulation and definition of a threatened species under pp. 66–67) and the TRC subpopulation projections for improving habitat the Act. persistence probabilities were greater conditions (refer to Factor A and D than or equal to 95 percent only for discussions below) between it and the Public Comments projections based on the most optimistic more northerly UARB subpopulation We intend that any final action set of assumptions (Laufenberg and contributes to the persistence of the resulting from this proposed rule will be Clark 2014, p. 67). Although the long- Louisiana black bear population as a as accurate and effective as possible. term viability of the LARB whole. Furthermore, results of these Therefore, we request data, comments, subpopulation is not known, it remains studies indicate that sufficient and new information on this proposed the second largest Louisiana black bear restoration and protection of habitat rule from other governmental agencies, subpopulation and has approximately supporting breeding subpopulations is Tribes, the scientific community, doubled in size in just the last 10 years, in place and is expected to continue to industry, or other interested parties. The in spite of a relatively high rate of adult expand in the future, and movement of comments that will be most useful and

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likely to influence our decisions are comment—including any personal Written comments submitted during those that are supported by data or peer- identifying information—will be posted the comment period receive equal reviewed studies and those that include on the Web site. While you can ask us consideration with comments presented citations to, and analyses of, applicable in your comment to withhold your at a public hearing. All comments we laws and regulations. Please make your personal identifying information from receive at the public hearing, both oral comments as specific as possible and public review, we cannot guarantee that and written, will be considered in explain the basis for them. In addition, we will be able to do so. making our final decision. please include sufficient information Similarly, if you mail or hand-deliver Previous Federal Actions with your comments to allow us to a hardcopy comment that includes authenticate any scientific or personal identifying information, you On January 7, 1992, we published a commercial data you reference or may request at the top of your document final rule in the Federal Register (57 FR provide. In particular, we seek that we withhold this information from 588) listing the Louisiana black bear as comments concerning the following: public review. However, we cannot threatened within its historic range (east (1) Biological data regarding the guarantee that we will be able to do so. Texas, Louisiana, and southwestern Louisiana black bear including locations To ensure that the electronic docket for Mississippi). The final rule identified of any additional breeding this rulemaking is complete and all the following threats to the Louisiana subpopulations. comments we receive are publicly black bear: The threat of habitat (2) Relevant data concerning any available, we will post all hardcopy conversion to non-timber uses in threats (or lack thereof) to the Louisiana submissions on http:// addition to past losses (historical black bear, as well as the extent of www.regulations.gov. modification and reduced quality of Federal and State protection and Comments and materials we receive, habitat, primarily as a result of management, if this rule is finalized, as well as supporting documentation conversion to agriculture); the lack of that would be provided to the Louisiana used in preparing this proposed rule protection of privately owned black bear as a delisted species. will be available for public inspection in woodlands in the UARB and TRB areas; (3) Current or planned activities two ways: the potential effects of human-related within the geographic range of the (1) You can view them on http:// mortality (illegal killing); and the Louisiana black bear that may impact or www.regulations.gov. In the Search box, inadequacy of existing regulatory benefit the species (e.g., restoration of enter FWS–R4–ES–2015–0014, which is mechanisms to protect Louisiana black prior-converted lands to natural habitat, the docket number for this proposed bear habitat. To address one of those conversion of habitat to non-habitat rule. Then, in the Search panel on the threats (human-related mortality), in the conditions through development or left side of the screen, select the type of 1992 final rule we also listed the clearing, etc.). documents you want to view under the American black bear in § 17.11(h) due to (4) The draft post-delisting monitoring Document Type heading. similarity of appearance to the plan and the methods and approaches (2) You can make an appointment, Louisiana black bear. The final listing detailed in it. during normal business hours, to view rule included a special rule under Please note that submissions merely the comments and materials in person at section 4(d) of the Act allowing normal stating support for or opposition to the the U.S. Fish and Wildlife Service, forest management practices in action under consideration without Louisiana Field Office (see FOR FURTHER occupied bear habitat, with certain providing supporting information, INFORMATION CONTACT). limitations. The List of Endangered and although noted, will not be considered Public Hearing Threatened Wildlife is found in the in making a determination, as section Code of Federal Regulations (CFR) in We have scheduled formal public 4(b)(1)(A) of the Act directs that a title 17 (50 CFR 17.11(h)), and the hearings to afford all interested parties determination as to whether any species section 4(d) rule for the Louisiana black with an opportunity to make formal oral is a threatened or endangered species bear is found at 50 CFR 17.40(i). must be made ‘‘solely on the basis of the comments on the proposed delisting of On September 27, 1995, we published best scientific and commercial data the Louisiana black bear. We will hold the Louisiana Black Bear Recovery Plan available.’’ two public informational open houses (Service 1995, 59 pp.). On August 2, In issuing a final determination on from 6:00 p.m. to 7:00 p.m., followed by 2007, we initiated a 5-year status review this proposed action, we will take into public hearings from 7:00 p.m. to 9:00 of this species (72 FR 42425). On March consideration all comments and any p.m., on the dates specified above in 10, 2009, we published a final rule in additional information we receive. Such DATES, at the locations identified in the Federal Register (74 FR 10350) information may lead to a final rule that ADDRESSES. A public information open designating 1,195,821 acres (483,932 differs from this proposal. All comments house will take place prior to each hectares) of critical habitat in Avoyelles, and recommendations, including names public hearing to provide an additional East Carroll, Catahoula, Concordia, and addresses, will become part of the opportunity for the public to gain Franklin, Iberia, Iberville, Madison, administrative record. information and ask questions about the Pointe Coupee, Richland, St. Martin, St. You may submit your comments and proposed rule. This open house session Mary, Tensas, West Carroll, and West materials concerning this proposed rule should assist interested parties in Feliciana Parishes, Louisiana. The by one of the methods listed in preparing substantive comments on the critical habitat designation is at 50 CFR ADDRESSES. Before including your proposed rule. Persons needing 17.95(a). We completed a 5-year status address, phone number, email address, reasonable accommodations in order to review on February 18, 2014 (Service or other personal identifying attend and participate in the public 2014, 74 pp). The review indicated the information in your comment, you hearings should contact the Louisiana individual Louisiana black bear Field Office at (337) 291–3100 or should be aware that your entire subpopulations (TRB 4, TRC, UARB, and [email protected] as soon as comment—including your personal LARB) had exhibited substantial identifying information—may be made possible. In order to allow sufficient publicly available at any time. time to process requests, please contact 4 See list of commonly used acronyms at If you submit information via http:// us for assistance no later than one week www.regulations.gov (Docket No. FWS–R4–ES– www.regulations.gov, your entire before the hearing. 2015–0014) and www.fws.gov/lafayette.

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improvement. For a summary of the existed, we did not include those Minnesota bears. However, the level of findings of that 5-year status review, see counties as part of the historical range genetic affinity or differentiation the Executive Summary of this proposed for the listed entity because there were between the Louisiana black bear rule. no specimens to support doing so (57 subpopulations and the WRB For additional details on previous FR 588). subpopulation and Minnesota bears is Federal actions, see discussion under The validity of the Louisiana black not sufficient evidence for determining the Recovery section below. Also, see bear as a subspecies has been debated taxonomic status (Laufenberg and Clark http://www.fws.gov/endangered/ during and since listing, primarily 2014, p. 85). focusing on potential genetic effects to species/us-species.html for this species’ Species Description profile. Louisiana black bear subpopulations from the translocation of bears from The Louisiana black bear is a large, Species Information Minnesota during the 1960s and the bulky mammal with long, coarse black Distribution and Taxonomy subspecific status of southern Arkansas hair and a short, well-haired tail. The facial profile is blunt, the eyes small, The Louisiana black bear is one of 16 bears. Based on Pelton’s (1989, pp. 13– 15) blood protein, electrophoresis, and the nose pad broad with large subspecies of the American black bear nostrils. The muzzle is yellowish brown (Ursus americanus). Historically black mitochondrial DNA analysis and Kennedy’s (1989, pp. 9–10) analysis of with a white patch sometimes present bears were widely distributed in the on the lower throat and chest. Black forested areas of North America, skull measurements, the Service concluded that the evidence, although bear color varies between black, blonde, including Mexico (Pelton 2003, p. 547). cinnamon, and brown; but in Louisiana, Today, the status and density of bears not overwhelming, did support the validity of the subspecies (55 FR 25341, bears have only been documented as varies throughout their range with some black (Davidson et al. 2015, p. 8). areas having large populations and June 21, 1990) and subsequently listed the Louisiana black bear recognizing its Louisiana black bears are not readily others with smaller populations and visually distinguishable from other restricted numbers (Pelton 2003, p. 547). subspecies status and distribution based on morphometric 5 characters. black bear subspecies. Black bears have Hall (1981, pp. 948–951) recognized five toes with short, curved claws on the three black bear subspecies ocurring in Continued interest in the taxonomic status of this subspecies resulted in front and hind feet. The median the southeastern United States. These estimated weight for male and female included: numerous additional studies (examining morphometric and genetic data) relevant Louisiana black bears in north Louisiana (1) The American black bear (U.a. is 292 lb (133 kg) and 147 lb (67 kg), americanus), historically occuring in to the Louisiana black bear. Those studies have produced differing respectively (Weaver 1999, p. 26). This the eastern United States and Canada is similar to that reported for black bears west to the Rocky Mountains, south to interpretations of the effects of the (intentional) introductions of bears from throughout their range by Pelton (2003, central Texas, southern Arkansas, and p. 547). northern Mississippi, Alabama and Minnesota and the interchange with Georgia, but now in the Southeast American black bears in southern Reproduction primarily restricted to the Appalachian Arkansas on the taxonomy and Average age at first reproduction mountains and small populations in distribution of bears in Louisiana varies widely across black bear studies; Arkansas and the Atlantic coast (Pelton (Warrilow et al. 2001, Csiki et al. 2003, however, most reports involve bears 2003, p. 547); Kennedy 2006, Van Den Bussche et al. between 3 years and 5 years of age (2) the Florida black bear (U.a. 2009, entire documents respectively). (Weaver 1990a, p. 5). Weaver (1999, p. floridanus) whose range is restricted to Due to varying sample sizes, 28) reported that all adult females small populations in Florida and methodologies, and sample population (greater than or equal to 4 years old) in southern Alabama and Georgia (Pelton distributions, no definitive the TRB subpopulation had evidence of 2003, p. 547); and determination or conclusion has been previous lactation or were with cubs. (3) the Louisiana black bear (U.a. accepted (Service 2014, pp. 21–27). Breeding occurs in summer and the luteolus) that historically occurred from Most recently, Laufenberg and Clark’s gestation period for black bears is 7 to eastern Texas, throughout Louisiana and (2014, pp. 60, 84) unified analyses of 8 months. Delayed implantation occurs southwest Mississippi (Hall 1981, pp. genetic data from Louisiana, in the black bear (blastocysts float free 950–951) (See Figure 1 for a map Mississippi, Arkansas, and Minnesota in the uterus and do not implant until detailing the known locations of the indicate that the three subpopulations of late November or early December) Louisiana black bear). Louisiana black bears in Louisiana are (Pelton 2003, p. 547). Observations of At the time of listing, known genetically distinct as a result of the Louisiana black bears indicate that they Louisiana black bear breeding following three factors: enter dens primarily from late subpopulations were restricted to the (1) restricted gene flow between November to early December and LMRAV in Louisiana (Service 1995, p. subpopulations due to habitat loss and emerge in March and April (Weaver 2) with small numbers of bears reported fragmentation; 1999, p. 125, Table 4.4). Adult in Mississippi. When we listed the (2) accelerated genetic drift related to Louisiana black bears generally den Louisiana black bear, we primarily past reductions in subpopulation longer than subadults, and females relied on Hall’s (1981, pp. 950–951) abundances; and longer than males (Weaver 1999, p. (3) differing levels of genetic depiction of the historical distribution; 123). Cubs are born in winter dens at the introgression as a result of the however, Hall (1981, pp. 950–951) end of January or the beginning of Minnesota introductions. February (Pelton 2003, p. 548). The included the southernmost counties of Louisiana black bear subpopulations normal litter sizes range from one to Arkansas as part of the historical range. show some affinities to the White River four cubs (Laufenberg and Clark 2014, p. While acknowledging that the Louisiana Basin (WRB) subpopulation and black bear was not a geographic isolate 35), and occasionally litters of five have and that movement of individuals 5 ‘‘Morphometric’’ is defined as the use of been documented (Davidson et al. 2015, between American black bears in measurements of the form of organisms in p. 11). Cubs are altricial (helpless) at southern Arkansas and Louisiana bears taxonomic analysis. birth (Weaver 1990a, p. 5; Pelton 2003,

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p. 547) and generally exit the den site dominance and co-dominance (Black and grubs in fallen logs and rotting with the female in April or May. Young Bear Conservation Coalition (BBCC) wood. bears stay with the female through 1997, p. 15). Other habitat types may be Home Range and Dispersal summer and fall, and den with her the used by Louisiana black bears including next winter (Pelton 2003, p. 548). The marsh, upland forested areas, forested The size of the area necessary to young disperse in their second spring or spoil areas along bayous, brackish and support black bears may differ summer, prior to the female’s becoming freshwater marsh, salt domes, and depending on population density, physiologically capable of reproducing agricultural fields (Nyland 1995, p. 48; habitat quality, conservation goals, and again (Pelton 2003, p. 548). Weaver 1999, p. 157). Bears have the assumptions regarding minimum viable Adult females normally breed every ability to climb and large-cavity trees populations (Rudis and Tansey 1995, p. other year (Pelton 2003, p. 548). Not all (especially bald cypress (Taxodium 172, Pelton 2003, p. 549). Maintaining females produce cubs every other distichum) or water tupelo gum (Nyssa and enhancing key habitat patches winter; reproduction is related to aquatic) that are commonly found along within breeding habitat is a critical physiological condition (i.e., female water courses are important for denning; conservation strategy for black bears bears that do not reach an optimal however, Louisiana black bears have (Hellgren and Vaughan 1994, p. 276). weight or fat level may not reproduce in been observed to use a variety of den Areas should be large enough to a given year) (Rogers 1987, p. 51). If a types, including ground nests, cavities maintain female survival rates above the female’s litter is lost prior to late at the base and in the top of hollow minimum rate necessary to sustain a summer, she may breed again producing trees, and brush piles (Crook and population (Hellgren and Vaughan cubs in consecutive years (Young 2006, Chamberlain 2010, p. 1645). 1994, p. 280). Weaver (1999, pp. 105– p. 16). An important factor affecting Den trees may be an important 106) documented that bear home ranges black bear populations appears to be component for female reproductive and movements were centered in variation in food supply and its effect success in areas subject to flooding forested habitat and noted that actions on physiological status and (Hellgren and Vaughan 1989, p. 352). to conserve, enhance, and restore that reproduction (Rogers 1987, pp. 436– Den trees located in cypress swamps habitat would promote population 437). Nutrition may have an impact on would also appear to increase the recovery, although no recommendations the age of reproductive maturity and security (e.g., decrease the susceptibility on minimum requirements were subsequent female fecundity (Pelton to disturbance) of bears utilizing these provided. Hellgren and Vaughn (1994, p. 283) concluded that large, contiguous 2003, p. 547). Black bear cub survival dens compared to ground dens; forests are a critical conservation need and development are closely associated however, the availability of den trees for black bears. The home ranges of with the physical condition of the does not appear to be a limiting factor Louisiana black bears appear to be mother (Rogers 1987, p. 434). Cub in reproductive success as bears closely linked to forest cover mortality rates and female infertility are demonstrate flexibility in den use (Marchinton 1995, p. 48, Anderson typically greater in years of poor mast 6 (Weaver and Pelton 1994, p. 431; Crook and Chamberlain 2010, p. 1644). For 1997, p. 35). production or failure (Rogers 1987, p. Female range size may be partly 53; Eiler et al. 1989, p. 357; Elowe and instance, bears typically excavate open ground/brushpile nests. Shallow determined by habitat quality (Amstrup Dodge 1989, p. 964). Litter size may be and Beecham 1976, p. 345), while male affected by food availability prior to depressions that are either bare or are lined with vegetation gathered in the home range size may be determined by denning (Rogers 1987, p. 53). vicinity of the nest (Weaver and Pelton the distribution of females (i.e., to allow Reproduction may occur as early as 2 1994, p. 430). These nests are located in for a male’s efficient monitoring of a years of age for black bears in high- thick vegetation, usually in areas logged maximum number of females) (Rogers quality habitat; in poor or marginal within the past 1 to 5 years (Crook and 1987, p. 19). Male black bears habitat, reproduction may not occur Chamberlain 2010, p. 1643) and are commonly disperse, and adult male until 7 years of age (Rogers 1987, pp. typically found within felled tops and bears can be wide-ranging with home 51–52). other logging slash (Crook and ranges generally three to eight times Habitats Used by the Louisiana Black Chamberlain 2010, p. 1646). larger than those of adult females Bear (Pelton 2003, p. 549) and that may Diet encompass several female home ranges Like other black bears, the Louisiana Bear activity revolves primarily (Rogers 1987, p. 19). Dispersal by female black bear is a habitat generalist. Large around the search for food, water, cover, black bears is uncommon and typically tracts of bottomland hardwood (BLH) and mates during the breeding season. involves short distances (Rogers 1987, p. forest communities having high species Though classified as a carnivore by 43). In their studies of dispersal, and age class diversity can provide for taxonomists, black bears are not active Laufenberg and Clark (2014, p. 85) the black bear’s life requisites (e.g., predators and only prey on vertebrates found no evidence of natural female escape cover, denning sites, and hard when the opportunity arises; most dispersion in Louisiana black bears. and soft mast supplies) without vertebrates are consumed as carrion Females without cubs generally had intensive management (Pelton 2003, pp. (Pelton 2003, p. 551). Bears are best larger home ranges than females with 549–550). We use the term BLH forest described as opportunistic feeders, as newborn cubs (Benson 2005, p. 46), community with no particular inference they eat almost anything that is although this difference was observed to to hydrologic influence; we use this available; thus, they are typically vary seasonally, with movements more term to mean forests within omnivorous. Their diet varies restricted in the spring (Weaver 1999, p. southeastern United States floodplains, seasonally, and includes primarily 99). Following separation of the mother which can consist of a number of woody succulent vegetation during spring, and yearling offspring, young female species occupying positions of fruits and grains in summer, and hard black bears commonly establish a home mast (such as acorns and pecans) during range partially within or adjacent to 6 Hard mast refers to nuts (especially those of beech and oaks); soft mast refers to seeds and fall. Bears utilize all levels of forest for their mother’s home range (Rogers 1987, berries of shrubs and trees that are eaten by feeding; they can gather foods from tree p. 39). Young males, however, generally wildlife. tops and vines, but also collect beetles disperse from their maternal home

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range. Limited information suggests that such as fields (Anderson 1997, p. 45). River Basin in Mississippi (St. Amant subadult males may disperse up to 136 Tracking the dispersal of translocated 1959, p. 32; Nowak 1986, p. 4). miles (219 kilometers) (Rogers 1987, p. females demonstrated that bears can Exploitation of Louisiana black bears 44). disperse through fragmented landscapes due to hunting and large-scale Home range estimates, calculated as (Benson 2005, p. 98). The results of destruction of forests from the 1700s to the minimum convex polygon (MCP), genetic analyses indicated the early 1800s resulted in low numbers vary for the Louisiana black bear. The differentiation between the three of bears that were confined to the BLH MCP is a way to represent animal Louisiana subpopulations present at forests of Madison and Tensas Parishes movement data and is calculated as the listing (TRB, UARB, and LARB) and the LARB BLH forests in Louisiana smallest (convex) polygon that contains partially as the result of restricted gene (St. Amant 1959, pp. 32, 44); black bears all the points a group of animals has flow (Laufenberg and Clark 2014, p. 84). in Mississippi were similarly affected visited. Mean MCP home range Laufenberg and Clark (2014, p. 24) (Shropshire 1996, pp. 25–33). At the estimates for the Tensas River NWR analyzed connectivity between time of listing, additional extensive land subpopulation were 35,736 ac (14,462 Louisiana black bear subpopulations clearing, mainly for agricultural ha) and 5,550 ac (2,426 ha) for males using a combination of genetic markers purposes, had further reduced its and females, respectively (Weaver 1999, (differentiating resident from immigrant habitat by more than 80 percent p. 70). Male home ranges (MCP) in the bears and within-population genetic (Gosselink et al. 1990, p. 592), and the UARB population may be as high as structure) and actual bear movements as remaining habitat quality had been 80,000 ac (32,375 ha), while female recorded by global positioning system degraded by fragmentation. That home ranges are approximately 8,000 ac (GPS) data and step-selection function fragmentation caused isolation of the (3,237 ha) (Wagner 1995, p. 12). LARB (SSF) models. Tools like SSF models are already small subpopulations, population home ranges (MCP) were relatively new powerful models used to subjecting them to threats from such estimated to be 10,477 ac (4,200 ha) for quantify and to simulate the routes and factors as demographic stochasticity and males, and 3,781 ac (1,530 ha) for rates of interchange selected by animals inbreeding. Known breeding females (Wagner 1995, p. 12). moving through the landscape. The SSF subpopulations were known to occur in Barriers to Movement models can be used to identify fragmented BLH forest communities of landscape features that may facilitate or the TRB, LARB, and UARB of Louisiana Habitat fragmentation can create impede interchange or dispersal. The (Weaver 1990a, p. 2; Service 1992, p. 2) barriers to immigration and emigration results of connectivity modeling (Figure 1), and were believed to be that can affect population demographics indicated that in general, the bears demographically isolated (BBCC 1997, and genetic integrity (Clark et al. 2006, selected a movement direction as p. 10). No reliable estimates of p. 12). Fragmentation was identified as distance to natural cover and agriculture population numbers were known at the a threat to the Louisiana black bear at decreased and distance to roads time of listing, but only 80 to 120 the time of its listing because it limits increased (Laufenberg and Clark 2014, Louisiana black bears were estimated to the potential for the existing Louisiana pp. 70–71). Those models also predicted remain in Louisiana in the 1950s black bear subpopulations to expand occasional crossing of habitat gaps (even (Nowak 1986, p. 4). Bears had their breeding range (Service 1995, p. 8). large ones) by both males and females. occasionally been reported in Louisiana Habitat fragmentation can restrict bear When Laufenberg and Clark examined outside of these areas, but it was movements both within and between the potential effect of continuous unknown if those bears were populations (Marchinton 1995, p. 53: corridors on bear dispersal, they reproducing females or only wandering Beausoleil et al. 2005, p. 403). Even concluded that while such corridors subadult and adult males (Service 1992, though Louisiana black bears are may be important, they were not more p. 2). capable of traveling long distances, effective than the presence of a broken Black bears were also known to exist including swimming across rivers, open habitat matrix such as that currently in Mississippi along the Mississippi areas, roads, large waterways, surrounding Louisiana black bear River and smaller areas in the Lower development, and large expanses of subpopulations (Laufenberg and Clark East Pearl River and Lower Pascagoula agricultural land may affect habitat 2014, p. 85). The genetic and GPS data River Basins of southern Mississippi contiguity, and such features tend to used in Laufenberg and Clark’s study (Weaver 1990a, p. 2). Fewer than 25 impede the movement of bears (Clark (2014, p. 86) generally agreed with the bears were estimated to reside in 1999, p. 107). Laufenberg and Clark connectivity model results, which Mississippi at the time of listing (2014, p. 84) detected evidence of indicated interchange was occurring (Shropshire 1996, p. 35 citing Jones possible gene flow restriction in the between some Louisiana black bear 1984). The last known Mississippi TRB associated with U.S. Interstate 20 subpopulations and unlikely to occur breeding subpopulation occurred in (I–20). Such barriers can result in between others (see discussion below Issaquena County in 1976 (Shropshire increased mortality as bears are forced where emigration and immigration is 1996, p. 38 citing Jones 1984). Similarly, to forage on less protected sites, travel discussed). Laufenberg and Clark black bears were exterminated from farther to forage, or cross roads concluded that a patchwork of natural southeastern Texas during the period (Hellgren and Maehr 1992, pp. 154–156, land cover between Louisiana black bear from 1900 to 1940 largely as a result of Pelton 2003, p. 549; Laufenberg and breeding subpopulations may be overhunting (Schmidley 1983, p. 1); Clark 2014, p. 84). sufficient for movement of individuals and, except for wanderers, the resident Even bear populations in a relatively to occur between subpopulations (at bear populations had not been observed large habitat patch are not necessarily least for males) (Laufenberg and Clark in eastern Texas for many years (Nowak ensured of long-term survival without 2014, p. 90). 1986, p. 7). Key demographic attributes recolonization by bears from adjacent Historically, the Louisiana black bear (e.g., survival, fecundity, population patches (Clark 1999, p. 111). Anderson was believed to be common or growth rates, home ranges) for the (1997, p. 73) observed that males may numerous in bottomland hardwood Louisiana black bear were not known at not be as affected by fragmentation as (BLH) forests such as the Big Thicket the time of listing. females. Louisiana black bears have area of Texas, the TRB, ARB, and Currently, the Louisiana black bear been observed to occur in open areas LMRAV in Louisiana, and the Yazoo remains in the BLH forests of the

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LMRAV in Louisiana and western 85). Several additional new breeding 2014, pp. 91–94). The areas supporting Mississippi; however, based on the subpopulations, indirectly resulting Louisiana black bear breeding number and distribution of confirmed from those translocations (i.e., female subpopulations have increased over 430 Louisiana Department of Wildlife and dispersal), are forming in Louisiana and percent from an estimated 340,000 acres Fisheries (LDWF) and Mississippi three new breeding subpopulations are [ac] (138,000 hectares [ha]) in Louisiana Department of Wildlife, Fisheries, and forming in Mississippi, partially as an in 1993, to the present estimated Parks (MDWFP) sighting reports (Simek indirect effect of the Louisiana 1,424,000 ac (576,000 ha) and 382,703 et al. 2012, p. 165; Davidson et al. 2015, translocation project and from the ac (154,875 ha), in Louisiana and p. 22), the geographic distribution of immigration of WRB bears (Figure 1). Mississippi, respectively, for a total of bears has expanded; the number and Demographic attributes including 1,806,556 ac (731,087 ha) (Table 1). In size of resident breeding subpopulations subpopulation abundance estimates, addition, approximately 148,400 ac and the habitat they occupy have also growth rates, and adult survival rates (60,055 ha) of private lands have been increased (Table 1; Figure 1) resulting in have been obtained for the three original restored and permanently protected in a more scattered distribution of breeding Louisiana breeding subpopulations the Louisiana black bear HRPA since it females between the original TRB and (TRB, UARB, LARB) (Hooker 2010, pp. was listed (Table 2, Figure 2; and see UARB subpopulation areas. The TRC is 26–27; Lowe 2011, pp. 28–30; Troxler Factor A below). When combined with a new breeding subpopulation (i.e., it 2013, pp. 30–37; Laufenberg and Clark permanently protected habitat on public was not present at the time of listing) 2014, pp. 76–82). lands (Table 3), there are now 638,000 located at the confluence of the Based on the best available data, all ac (258,200 ha) of permanently Mississippi and Red Rivers in Louisiana three original breeding subpopulations protected habitat within the HRPA (formed as a result of a multiyear appear to be stable or increasing, and versus the 227,200 ac (91,945 ha) reintroduction project (2001–2009) emigration and immigration (i.e., gene estimated to exist in 1991 (Service 2014, (Figure 1), and serves to facilitate flow) has been documented among p. 74, Table 6), an estimated increase of movement of bears from the UARB to several of the Louisiana and Mississippi more than 280 percent in protected the TRB (Laufenberg and Clark 2014, p. subpopulations (Laufenberg and Clark habitat status.

TABLE 17—ESTIMATED AREA SUPPORTING LOUISIANA BLACK BEAR BREEDING SUBPOPULATIONS (SHOWN IN ACRES AND [HECTARES]) IN 1993 AND 2014.

Upper Lower Breeding habitat Tensas Atchafalaya Atchafalaya Louisiana Mississippi Total River Basin 1 total total 3 River Basin 2 River Basin 3

1993 ...... 84,402 111,275 144,803 340,480 0 340,480 [34,156] [45,031 ] [58,600] [137,787 ] ...... [137,787] 2014 ...... 1,002,750 290,263 130,839 1,423,853 382,703 1,806,556 [405,798 ] [117,465 ] [52,949] [576,213 ] [154,875 ] [731,087 ] 1 Includes the TRC subpopulation and the Louisiana black bear subpopulation in north-central Louisiana near the Arkansas State line. 2 Includes the Louisiana black bear subpopulation found in the Florida parishes of Louisiana (east of the Mississippi River). 3 Although the LARB subpopulation area appears to have decreased in acreage over time; the decrease is due to more detailed mapping in 2014 that excluded many non-habitat areas that were included in the more general 1993 boundary. In fact, spatially, the distribution appears to have increased over time. In 1993, we did not have the data to support including breeding bears on Avery Island (at the western end of this area) even though we knew bears occurred there. We now have that data to support and delineate breeding habitat on Avery Island and, there- fore, have included that area in the 2014 mapping updates. The actual area and spatial distribution of this breeding population has likely not changed over time.

7 For all tables, habitat is listed in acres and hectares. In addition, numbers in each table may not total due to rounding.

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Subpopulations NWR, and 24 to 72 bears in the adjacent 20 indicate that bears are attempting to Tensas River Basin Subpopulation: Deltic tracts, respectively. disperse (Benson 2005, p. 97) and The TRB subpopulation is the largest At the time of listing, there was no current radio-collar data and genetic Louisiana black bear breeding evidence that interchange was occuring evidence supports some successful subpopulation and occurs in the TRB of between the two TRB subgroups. They interchange (Laufenberg 2015, personal Louisiana. It consists of groups of bears were thought to be isolated and disjunct communication). Furthermore, the located on lands north (privately owned from each other (BBCC 1997, p. 99) until current genetic structure of Louisiana tracts formerly known as the Deltic Anderson (1997, p. 82) reported one of black bear subpopulations groups bears subpopulation/tracts) and south (Tensas the first instances of a bear moving in those two areas as one subpopulation River NWR, Big Lake WMA, Buckhorn between these two areas. Evidence of (Laufenberg and Clark 2014, p. 60). WMA, and adjacent private lands) of I– that historical separation in the recent Hooker (2010, p. 26) estimated a 20 and U.S. Highway 80 (Hwy 80). genetic history of sampled bears was population abundance (for both genders Population numbers have steadily detected by Laufenburg and Clark (2014, averaged across years) of 294 bears increased since listing as described p. 54). Though the two subgroups are (standard error [SE] = 31) for the below. Nowak (1986, p. 7) speculated separated by I–20 and Hwy 80, a combined Tensas River NWR and that the TRB subpopulation consisted of significant amount of habitat between nearby Deltic and State-owned tracts 40 to 50 bears at that time. Subsequent those subgroups has been restored with an apparent annual survival rate of population studies by Beausoleil (1999, primarily within the last 10 years. 0.91 (SE = 0.08), which did not differ by p. 51) and Boersen et al. (2003, p. 202) Increased sightings and vehicular gender. The pooled population annual estimated 119 bears in the Tensas River mortality of bears in the vicinity of I– growth rate for both genders was 1.04

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(SE = 0.18), and the mean realized (range = 0.88–1.06) to 1.02 (range = Laufenberg and Clark (2014, p. 90) population growth estimate ranged from 0.98–1.09), depending on model suggested that the establishment of 0.99 to 1.06 (Hooker 2010, p. 26) assumptions (Laufenberg and Clark satellite populations of resident indicating a stable to increasing 2014, p. 45), which indicates a stable to breeding bears between subpopulations population. Hooker (2010, p. 26) increasing population. may be a more effective measure to link estimated density to be 0.66 bears per Early studies suggested that the TRB populations than the establishment of square kilometer (km2) (SE = 0.07). subpopulation had low genetic diversity continous habitat corridors. Laufenberg Similar results were obtained by (Boersen et al. 2003, p. 204). The recent and Clark 2014, pp. 22–24) developed a Laufenberg and Clark (2014, p. 45) with study by Laufenberg and Clark (2014, series of population persistence models mean realized population growth pp. 84–85) indicate that genetic to assess the long-term viability of estimates ranging from 0.97 to 1.02. exchange with other subpopulations has Louisiana black bear subpopulations. According to the most recent study occurred at a level substantial enough to Those models were developed using results (Laufenburg and Clark 2014, p. increase genetic diversity at TRB multiple methods to address the 31), the estimated mean annual survival (Davidson et al. 2015, pp. 26), primarily treatment of bears with unknown fates. rate for radio-collared adult female bears as a result of bear emigration from the Model 1 uses censored fates (assumed in the TRB subpopulation was 0.99 (95 WRB subpopulation of Arkansas into alive), and Model 2 assumes mortality. percent confidence interval [CI] 0.96– the TRB subpopulation. The results of In addition, because there is uncertainty 1.00) when data for bears with unknown recent population structure analyses, in various (i.e., variation) model fates were censored (assumed alive) and however, show evidence of bear parameters that may affect the outcome, was 0.97 (95 percent CI = 0.93–0.99) emigration from the WRB subpopulation three population projections were when unknown fates were treated as of Arkansas into the TRB subpopulation analyzed for Model 1 and Model 2 mortalities. Detection heterogeneity (Laufenberg and Clark 2014, p. 85). resulting in 6 separate population (differences in detectability among Nearly 30 bears sampled in the TRB had projections (Laufenberg and Clark 2014, individuals from such things as size, a probability greater than or equal to pp. 22–23) developed as follows. The behavior, etc.) is a well known issue in 0.10 of originating from the WRB first projection accounted for estimating black bear vital rates. subpopulation in Arkansas (6 bears environmental variation for survival and Mathematical models can be used to were identified as WRB migrants), and recruitment and also included density account for those differences; however, 1 had a 0.48 probability of coming from dependence (process-only model). it is impossible to identify the the UARB (Laufenberg and Clark 2014, Process-only models produced the least appropriate group of distributions (a p. 63). Additionally, ten bears sampled conservative (i.e., protective) estimates. distribution describes the numbers of in northwestern Mississippi were The second and third projection models times each possible outcome occurs in determined to have a probability greater (all-uncertainty projections and the a sample) to use in a model because the than or equal to 0.90 of originating from most conservative) included the same same distribution could result from the TRB. The analysis of genetic data sources of variation as the process-only several different sets of circumstances identified five bears in the TRB as projection, but also included an (Laufenberg and Clark (2014, pp. 18). migrants from the WRB subpopulation estimation of uncertainty for survival Therefore, Laufenberg and Clark (2014, (Laufenberg and Clark 2014, p. 67). and recruitment; they differ only in the pp. 18–19) used two models to estimate Three males captured in the TRB had conservativeness (i.e., worst-case population numbers. Model 1 assumed CMR histories that indicated they had scenario for maximum protection of detection heterogeneity followed a dispersed from the TRC subpopulation, bears, with the 50 percent confidence logistic-normal distribution, and Model and an additional male was identified as interval being less conservative than the 2 assumed a 2-point finite mixture a second generation migrant from the 95 percent confidence interval distribution 8. We will report results for UARB subpopulation (Laufenberg and projection). We will report the range of both models. The current estimated Clark 2014, p. 67). One male detected in values obtained for all models in the number of females from those two the TRB subpopulation was following discussions. Based on CMR models ranged from 133 to 163 subsequently live-captured in estimates from Model 1, the estimated (Laufenberg and Clark 2014, p. 39). Mississippi (Laufenberg and Clark 2014, probability of persistence over 100 years Assuming a one to one ratio of males to p. 67). for the TRB subpopulation ranged from females and using the most conservative Laufenberg and Clark (2014, p. 85) 1.00 and 0.96 for process-only and all- figures, we estimate that the current suggested genetic interchange by bears uncertainty projections, respectively total population size ranges from 266 to from outside the range of the Louisiana (Laufenberg and Clark 2014, p. 46, Table 321 bears. black bear (that is, Arkansas) probably 4). Similarly, based on the more Mean cub and yearling litter size for should be considered as a positive conservative projections, the probability the TRB subpopulation were an genetic and demographic contribution of persistence was 1.00 and 0.96 based estimated 1.85 and 1.40 respectively, to the Louisiana black bear. on Model 2 estimates for process-only and fecundity and yearling recruitment Connectivity modeling analyses by and all-uncertainty projections for the TRB were 0.47 and 0.15, Laufenberg and Clark (2014, p. 90) (Laufenberg and Clark 2014, p. 46, Table respectively (Laufenberg and Clark indicated that, without the presence of 4). 2014, p. 35). Annual per-capita the TRC subpopulation, there was low recruitment estimates ranged from 0.00 potential for dispersal of either sex We estimated there were to 0.22, and estimates of female between TRB and UARB. Recent LDWF approximately 400,000 to 500,000 ac apparent survival rates (these included capture records (USGS et al. 2014) have (161,875 to 202,343 ha) of forested emigration) ranged from 0.87 to 0.93 documented the presence of additional habitat in the TRB in the early 1990s based on capture-mark-recapture (CMR) resident breeding females between the (Service 2014, p. 33). Comparing the data. The estimated mean of the TRC and the TRB subpopulations, small-scale National Land Cover population growth rate ranged from 0.97 which may significantly increase the Database (NLCD) estimates of habitat for probabilities for interchange (M. 2001 and 2011, there has been an 8 For a detailed description of how this modeling Davidson and S. Murphy, LDWF, 2015, increase of 1,312 ac (531 ha) in the TRB was done, see Laufenberg and Clark 2014. unpublished data). HRPA (Table 8). Currently, based on

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ownership boundaries, there are As discussed previously, Laufenberg for bears. When the Louisiana black bear 255,899 ac (103,559 ha) of State and and Clark’s connectivity models (2014, was listed, the estimated amount of Federal management areas, and p. 90) indicated there was no potential forested habitat remaining north of U.S. approximately 136,870 ac (55,389 ha) of for dispersal of either sex between the 190 had been reduced 40 to 50 percent private lands that have been restored TRB and UARB subpopulations without (100,000 to 128,000 ac [40,469–51,800 and permanently protected, in the TRB the current presence of the TRC ha] (57 FR 588)). Based on the analyses HRPA (Tables 2, 5). We estimated that subpopulation. The modeled potential used for listing, we estimated there were there were approximately 85,000 ac for natural interchange between the approximately 600,000 ac to 700,000 ac (34,398 ha) in the TRB HRPA at the time UARB and TRC subpopulations is high (242,812–283,280 ha) of forested habitat of listing (Service 2014, p. 74, Table 6). based on the genetic and capture data in the UARB area in the early 1990s In 1993, we estimated that the breeding (Laufenberg and Clark 2014, p. 85), and (Service 2014, p. 33). Comparing small- subpopulation occupied approximately genetics data show that gene flow has scale NLCD estimates of habitat for 2001 84,400 ac (34,156 ha). Today, an occurred. Twenty of the 35 TRC cubs and 2011, there has been an increase of estimated 1,002,750 ac (405,798 ha) is showed evidence of having been sired 2,676 ac (1,083 ha) in the UARB HRPA occupied by the TRB breeding by UARB males. A 2-year-old male (Table 8). Currently, based on subpopulation (Table 1). tagged as a cub in the UARB was later ownership boundaries, there are Upper Atchafalaya River Basin captured at the TRC, and a second 226,037 ac (91,476 ha) of State and Subpopulation: Nowak (1986, p. 6) generation migrant from the UARB was Federal management areas and suggested that UARB population later captured in the TRB subpopulation approximately 11,530 ac (4,666 ha) of numbers were extremely low or (Laufenberg and Clark 2014, p. 67). The private lands that have been restored believed to be nonexistent before the step-selection model (as discussed and permanently protected in the UARB introduction of Minnesota bears to under Barriers to movement above) HRPA (Tables 2, 5). We estimated that Louisiana in the 1960s and speculated predicted that dispersals between the there were approximately 141,000 ac that the population consisted of 30 to 40 LARB and UARB subpopulations were (57,060 ha) of protected lands in the individuals (based on a LDWF 1981 infrequent but possible for males but UARB HRPA at the time of listing nearly nonexistent for females report). Pelton (1989, p. 9) speculated (Service 2014, p. 74, Table 6). Today, an (Laufenberg and Clark 2014, p. 85). the UARB subpopulation size ranged estimated 130,839 ac (52,949 ha) is Three cubs sampled in west central from 30 to 50 bears. Triant et al. (2004, occupied by the UARB breeding Mississippi, east of the TRC p. 653) estimated 41 bears in the UARB subpopulation (Table 1), an increase subpopulation, showed evidence of population at that time. Lowe (2011, p. over the 111,275 ac (45,031 ha) mixed ancestry between TRB and UARB 28) estimated a UARB population of 56 estimated around the time of listing. (Laufenberg and Clark 2014, p. 63). No bears with an annual survival rate of Lower Atchafalaya River Basin migrants from the UARB into the WRB 0.91. More recently, O’Connell-Goode et Subpopulation: Nowak (1986, p. 7) or LARB were detected by Laufenberg al. (2014, p. 7) estimated a mean speculated that there were and Clark (2014, p. 85). Recent LDWF approximately 30 bears in the LARB population abundance of 63 bears and capture records, however, verify the mean average male and female presence of at least one WRB migrant in subpopulation. Until recently, the only survivorship to be 0.77 (SE = 0.08) and the TRC subpopulation (M. Davidson, quantitative estimate for this 0.89 (SE = 0.04), respectively. The most LDWF, unpublished data). Finally, subpopulation was Triant et al.’s (2004, recent research (Laufenberg and Clark genetic diversity of the UARB p. 653) population estimate of 77 bears 2014, p. 46) estimated female subpopulation is the highest among the (95 percent CI = 68–86). Similar to their abundance ranging from 25 to 44 during three original Louisiana black bear UARB population estimate, the authors the study period (50 to 88 total subpopulations, and second highest of felt this may underestimate the actual population of males and females, all extant subpopulations. Results from population number (Triant et al. 2004, combined), regardless of treatment of Laufenberg and Clark (2014, pp. 53–54) p. 655). Troxler (2013, p. 30) estimated capture heterogeneity (or capture indicated this increase may be the result a population of 138 bears (95 percent CI differences among individuals). Their of the persistence of genetic material = 118.9–157.9) (which represents a estimated annual per-capita recruitment from bears sourced from Minnesota substantial increase over Triant’s was between 0.00 and 0.41, and during the 1960s. estimate) and an estimated growth rate apparent female survival was between The Atchafalaya basin, located of 1.08 indicating that the 0.88 and 0.99 during that time period between the UARB and LARB, is subpopulation is growing. Laufenberg (Laufenberg and Clark 2014, p. 46, Table currently believed to be too wet to and Clark’s (2014, p. 43) recent LARB 4). The estimated mean growth rate support breeding females. Elevations population abundance estimate ranged ranged from 1.08 (range = 0.93–1.29) to within the Atchafalaya Basin are between 78 (95 percent CI = 69–103) 1.09 (range = 0.90–1.35) indicating a increasing due to sedimentation (Hupp and 97 females (95 percent CI = 85–128) stable to increasing population et al. 2008, p. 139), and as a result, in from 2010 to 2012 based on Model 1 (Laufenberg and Clark 2014, p. 46). The the long term, habitat conditions and between 68 (95 percent CI = 64–80) estimated probabilities of the UARB between this subpopulation and the and 84 (95 percent CI = 79–104) based subpopulation persistence (i.e., UARB subpopulation may improve over on Model 2 (we estimate the total viability) over 100 years were greater time (LeBlanc 1981, p. 65). combined population of 156–194 or than 0.99 for all process-only Historical reports do not break the 136–168, respectively). Estimates of projections, and greater than 0.96 for Atchafalaya River Basin into the two apparent female survival ranged from model 1 all-uncertainty projections. areas that we use in terms of bear 0.81 to 0.84 (Laufenberg and Clark 2014, Persistence probabilities were lowest for recovery and habitat restoration p. 43), which are the lowest of all the the most conservative estimation planning (i.e., UARB and LARB) but subpopulations. The reason for this is methods (Model 2, all uncertainty make delineations based on the Corps’ this area is experiencing a high degree projections) at 0.93 and 0.85, Atchafalaya Basin Floodway (Floodway) of mortality associated with vehicular respectively (Laufenberg and Clark delineation. The Floodway is roughly collision, and nuisance-related removals 2014, p. 46, Table 4). equivalent to the UARB as we define it Troxler 2013, pp. 37–38); Davidson et

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al. 2015, pp. 29–30). In spite of this acreage of suitable habitat for the LARB pp. 27–28). The subpopulation occurs in relatively high rate of adult female and UARB subpopulations, and improve the TRC located primarily on the mortality (which has persisted for habitat linkages and genetic exchange Richard K. Yancey WMA. The objective decades), the LARB subpopulation between those groups. of the reintroduction, initiated in 2001, remains the second largest Louisiana We were not able to estimate the was to establish a new group of black bear subpopulation and has amount of forested Louisiana black bear reproducing Louisiana black bears in approximately doubled in size in just habitat in the LARB around the time of east-central Louisiana (primarily in the last 10 years. The overall size of that listing based on internal maps and Avoyelles and Concordia Parishes) that subpopulation, coupled with the current reports, nor were we able to tease it out would facilitate the interchange of positive growth rate (Laufenberg and from the above-mentioned studies. individuals between the subpopulations Clark 2014, p. 46), strongly suggests that Nyland (1995, p. 58), based on his currently existing within the Tensas and anthropogenic and natural sources of trapping data, estimated that bears Atchafalaya River Basins, within the LARB mortality, existing dispersal occupied approximately 140,000 ac historic range of the Louisiana black barriers, and other threats to the LARB (56,656 ha) in Iberia and St. Mary bear, but the area in east-central have not resulted in long-term negative Parishes. This is probably a slight Louisiana was not known to be effects to that subpopulation. underestimate of forested and occupied occupied by reproducing females when Although the LARB subpopulation habitat at that time since it was based this effort began. Until 2001, recovery has occasionally been characterized as a primarily on trapping data and did not actions had focused on habitat genetically unique subpopulation, include Avery Island to the west, a restoration and protections; reduction of recent research (Csiki et al. 2003; forested salt dome 9 known to be used illegal poaching; conflict management; Troxler 2013; Laufenberg and Clark by bears (Service 2014, p. 34). research on Louisiana black bear biology 2014) has identified a genetic bottleneck Comparing NLCD estimates of habitat and habitat requirements; and educating (i.e., isolation resulting in restricted for 2001 and 2011, there has been an the public. No actions, however, had gene flow and genetic drift) as a cause increase of 3,685 ac (1,491 ha) in the been taken to expedite expansion into of that uniqueness rather than a true LARB HRPA (Table 8). We estimated unoccupied habitats. genetic difference. That genetic that there were approximately 9,921 ac Range expansion of breeding females bottleneck likely resulted from low (4015 ha) of conservation lands is a slow process, even when bear immigration potential that is restricted (permanently protected) in the LARB habitat is in large contiguous blocks by the poor habitat quality found along HRPA at the time of listing (Service since females typically only disperse the northern periphery of the LARB 2014, p. 73, Table 4). Currently, based very short distances. When the recovery subpopulation. U.S. Highway 90 serves on ownership boundaries, there are an plan was written, translocations (i.e., as an additional barrier to movement. estimated 11,573 ac (ha) of conservation capture and release) of adult bears, The genetic structure analyses found lands in the LARB HRPA (Table 5). termed a ‘‘hard’’ release, were not evidence of historic genetic isolation In 1993, we estimated approximately deemed to be effective, as evidenced associated with Highway 317 within 144,803 ac (58,600) supported the LARB with the wide dispersals of the this subpopulation (Troxler 2013, p. 33; breeding population (Table 1). Today, Minnesota reintroductions (Taylor 1971, Laufenberg and Clark 2014, p. 54). we estimate 130,839 ac (52,949 ha) are p. 79). The method of winter However, recent data indicate that this occupied by the LARB breeding translocations of adult females and their has been alleviated and movement of subpopulation (Table 1). The LARB young (termed ‘‘soft’’ release), however, individuals has been occurring within breeding area appears to have decreased proved to be successful in Arkansas and the LARB on both sides of Highway 317 in acreage over time; however, the was recommended as the preferred (Troxler 2013, p. 39). As discussed decrease is due to a more detailed method for translocations (Eastridge previously, based on the step selection mapping in 2014 that excluded many 2000, p. 100). The site chosen for the models, the current potential for non-habitat areas that were included in releases was at the Richard K. Yancy interchange between this and other the more general 1993 boundary. In fact, WMA (formerly known as the Red River subpopulations is low (nonexistent for spatially, the distribution appears to and Three Rivers WMAs), located about female bears), and immigration into this have increased over time (Figure 1) 80 miles south of the TRB and 30 to 40 subpopulation has not been because we did not have the data in miles north of the UARB. In addition to documented (Laufenberg and Clark 1993 to support including breeding the geographic location, the amount of 2014, p. 85). bears at the western edge on Avery publicly owned land and potential Currently, bears have been observed Island, even though we knew bears were habitat in that area (179,604 ac (72,714 on the higher portions (levees and present. We now have the data and, ha)) encompassing several NWRs, ridges) of the Atchafalaya Basin (Figure therefore, included breeding bears in the WMAs, and more than 12,000 ac (4,858 1, Davidson et al. 2015, p. 23), between 2014 mapping. Based on the inclusion ha) of privately owned land in WRP the UARB and LARB subpopulations, of the Avery island area and exclusion made it the logical site for establishment but the Basin is believed to be too wet of non-habitat, the actual area and of an additional breeding to support breeding females. However, spatial distribution of this breeding subpopulation. LeBlanc et al. (1981, p. 65) projected population has likely not changed The success of those translocations in the formation of the TRC breeding that by 2030, over 35,000 ac (14,000 ha) significantly over time. of lakes and cypress–tupelo (Taxodium Three Rivers Complex Subpopulation: subpopulation represents a significant distichum—Nyssa aquatic) swamps A new breeding subpopulation, not improvement in Louisiana black bear would be converted to cypress swamp present at listing, currently exists in population demographic conditions and early successional hardwood; Louisiana as a result of reintroduction since listing. Abundance estimates for habitat types more suitable for black efforts (Benson and Chamberlain 2007, the TRC subpopulation are currently bear use. Studies by Hupp et al. (2008, pp. 2393–2403; Davidson et al. 2015, unknown. The mean annual estimated p. 139) confirm the continued female survival rate (2002–2012) for the sedimentation (filling in) of wet areas 9 A forested salt dome is a dome that is formed TRC subpopulation ranged from 0.93 within the Atchafalaya Basin. Such beneath the surface when a mass of salt pushes up (95 percent CI = 0.85–0.97) to 0.97 (95 changes could ultimately expand the into the rock layers. percent CI = 0.91–0.99) (Laufenberg and

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Clark 2014, p. 31). Mean cub and migrant) was captured on the TRB, County, Mississippi, subpopulations yearling litter size for the same time indicating gene flow likely facilitated by and from TRC to the Wilkinson County, period were 2.15 and 1.84 in the TRC the presence of the TRC subpopulation Mississippi, subpopulation (Laufenberg subpopulation, respectively (Laufenberg (Laufenberg and Clark 2014, p. 84). and Clark 2014, pp. 63–67). and Clark 2014, p. 35). Fecundity and Recent LDWF capture records verify the Shropshire (1996, p. 64) found that yearling recruitment for the TRC presence of at least one WRB migrant in Adams County contained the most subpopulation were 0.37 and 0.18 the TRC subpopulation (Laufenberg and suitable habitat in Mississippi and that (Laufenberg and Clark 2014, p. 31), low Clark 2014, p. 83). Delta National Forest was comparable in compared to the TRB subpopulation, The TRC contains some of the largest habitat quality to Tensas River NWR. but possibly an artifact of small sample contiguous blocks of publicly owned Habitat suitability models based on size. The estimated asymptotic growth land in Louisiana. It encompasses landscape characteristics, human rates (growth rate estimates calculated approximately 179,600 ac (72,700 ha) of attitudes, and habitat quality found the from population matrix models) for the potential bear habitat and roughly highest habitat suitability was in TRC ranged from 0.99 to 1.02, for Model 100,000 ac (40,500 ha) of publicly southern Mississippi and the lowest was 1 and Model 2 respectively (Laufenberg owned, forested land (Richard K. in the Delta region (Bowman 1999, p. and Clark 204, p. 45). As male cubs born Yancey, Grassy Lake, Pomme de Terre 180). at TRC reach maturity and more males and Spring Bayou WMAs, and Lake Similar to the trend for the TRB area, emigrate from the UARB, growth rates of Ophelia NWR). The location of this in the Lower Mississippi River Valley of this subpopulation may increase population and its surrounding Mississippi the total forested area (Laufenberg ad Clark 2014, pp. 70–80). patchwork of habitat are essential in increased by 11 percent between 1987 TRC persistence probabilities ranged maintaining connectivity and movement and 1994, and reforestation of former from 0.295 to 0.999 depending on of individuals between the existing TRB agricultural lands accounted for nearly estimated carrying capacity, the strength and UARB populations. 40 percent of that increase (King and of the density dependence, level of Mississippi Subpopulations: Black Keeland 1999, p. 350). Approximately uncertainty, and the treatment of bear numbers are increasing in 110,000 ac (41,000 ha) of private land in unresolved fates (i.e., deaths or lost Mississippi (Simek et al. 2012, p. 165). Mississippi counties adjacent to the collars) (Laufenberg and Clark 2014, p. Shropshire indicated that the most Mississippi River have been enrolled in 47). Using the telemetry and reliable bear sighting reports occurred in WRP 99-year and permanent easements reproductive data from the TRC, nine Mississippi counties (Bolivar, within the Mississippi Alluvial Valley probabilities of persistence were greater Coahoma, Issaquena, Warren, Adams, Black Bear Priority Units (MAVU). than or equal to 0.95 only for Wilkinson, Hancock, Stone, and Jackson When WRP permanent easement lands (Shropshire 1996, page 55, Table 4.1), are added to the habitat protected on projections based on the most optimistic and bear sightings are concentrated in Federal and State NWRs or WMAs, set of assumptions (i.e., Models 1 and 2, three physiographic regions of other Federal- and State-protected process only) and under the most Mississippi: Southern Mississippi lands, and privately owned protected conservative model (i.e., unresolved Valley Alluvium [Delta], the Lower lands, approximately 868,000 ac fates were assumed dead and more Coastal Plain, and the Coastal Flatwoods (440,000 ha) have been permanently uncertainty was included in model (Shropshire 1996, p. 57, Table 4.2). The protected and/or restored within the variable estimates), probabilities ranged Mississippi population is currently MAVU in Mississippi. Although not from 0.34 to .90 (Laufenberg and Clark estimated to be about 120 bears, with permanently protected, approximately 2014, pp. 48–49, Tables 5 and 6). approximately 75 percent occurring 328,000 ac (132,737 ha) were enrolled in Based on step selection function within Louisiana black bear range (B. the Conservation Reserve Program (CRP) modeling, the least potential for Young, Mississippi Wildlife Federation, within the MAVU. Approximately 68 interchange was between the TRB and personal communication, 2013). Most of percent of breeding habitat in the TRC subpopulations, and the greatest the sightings occur along the MAVU is under permanent protection. proportion of successful projections was Mississippi River and in the lower East East Texas: At the time of listing, between the UARB and the TRC Pearl River and lower Pascagoula River populations of bears had not been (Laufenberg and Clark 2014, p. 74). As basins (Simek et al. 2012). Three new reported in east Texas for many years, discussed previously, the TRC has resident breeding populations have with the exception of the occasional experienced and possibly facilitated formed (first documented in 2005) in wandering animal (Nowak 1986, p. 7). gene flow with other subpopulations north west-central (Sharkey-Issaquena Keul (2007, p. 1) reviewed historical (Laufenberg and Clark 2014, p. 84). Counties), west-central (Warren County) literature on the black bear in East Texas Three males were captured in the TRB and south west-central (Wilkinson and concluded that while habitat loss that had dispersed from the TRC, and 20 County) Mississippi (Figure 1). Genetic did occur, the primary reason for loss of of 35 cubs sampled in the TRC showed studies and LDWF CMR studies have bears was due to aggressive and evidence of having been sired by UARB documented bear immigration from the uncontrolled sport hunting. The last males (Laufenberg and Clark 2014, p. WRB and TRB to the northern known areas supporting bears in east 67). One TRC female dispersed to a Mississippi breeding subpopulation and Texas was the Big Thicket area of location southwest of the TRB from TRC to the southern Mississippi Hardin County and forested areas in subpopulation and apparently bred with breeding subpopulation (Laufenberg and Matagorda County, which may have an Arkansas bear (Laufenberg and Clark Clark 2014, p. 67). Six bears from supported a few individuals up to the 2014, p. 63). Laufenberg and Clark northwestern Mississippi (sampled east mid-1940s (Barker et al. 2005, p. 6; (2014, p. 83) detected direct evidence of of the TRB and across the Mississippi Schmidley 1983. p. 1). There was an interchange by bears from the UARB to River) had mixed ancestry between episode of black bear sightings in east the TRB subpopulation via the TRC WRB and TRB (Laufenberg and Clark Texas in the 1960s following the subpopulation; however, they did not 2014, p. 63). Genetic studies and LDWF reintroduction of Minnesota bears into have any direct evidence of reverse CMR studies have documented bear Louisiana, but by 1983 Schmidley movements. A male bear with UARB emigration from the WRB and TRB to (1983, p. 1) stated there were no ancestry (possibly a second generation the Sharkey-Issaquena and Warren resident bears remaining in east Texas.

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Sightings of bears in east Texas have bordering Louisiana, Arkansas, and (3) A new breeding subpopulation, gradually increased since 1977, the time Oklahoma may increase bear occurrence the TRC, that was not present at listing, period when the Texas Parks and and activity in east Texas in future now exists between the TRB and UARB Wildlife Department (TPWD) started years. Habitat restoration activities subpopulations and facilitates collecting data (Chappell 2011, p. 11). continue in Texas. interchange between those Most of those sightings were believed to The TPWD field analyses of subpopulations. be juvenile or sub-adult males that had remaining potential black bear habitats (4) There is evidence that TRB and wandered into the northeastern part of within east Texas (using habitat UARB bears have emigrated to the listed range from expanding suitability models) found that the Mississippi and have contributed to the populations in Oklahoma, Arkansas, Sulphur River Bottom, Middle and formation of three resident breeding and Louisiana (Barker et al. 2005, p. 7). Lower Neches River Corridors, and Big subpopulations that were not present at Observations in the 1990s indicate the Thicket National Preserve areas in east listing. return of a few black bears to the remote Texas were all suitable for black bears (5) There is evidence of interchange of forests of east Texas, primarily transient, and that the Middle Neches River bears between the TRB, UARB, TRC, solitary males that are believed to be Corridor provided the most suitable WRB, and Mississippi subpopulations; dispersing from Arkansas and location for any bear restoration or however, the current potential for Oklahoma (D. Holdermann, TPWD, management efforts in east Texas interchange between the LARB and personal communication, 2014). (Garner and Willis 1998, p. 5). Between other subpopulations is low. Kaminski (2011, entire document) 2008 and 2011, more than 500 ac (200 (6) The overall probability of conducted a region-wide hair snare ha) have been restored and 1,550 ac (630 persistence for the Louisiana black bear survey in east and southeast Texas in ha) have been enhanced in east Texas metapopulation comprised of the TRB, areas assumed to have the highest via the Hardwood Habitat Cooperative TRC, and UARB subpopulations is likelihood of bear occurrence and where program. estimated to be 0.996, assuming sightings had been reported. According Louisiana Black Bear Population: dynamics of those subpopulations were to the genetic analysis and based on the Since listing there have been many independent and using the most estimated effectiveness of their studies of the Louisiana black bear’s conservative population-specific sampling method, it was determined it biology, taxonomy, denning ecology, persistence probabilities (i.e., 0.958, was highly unlikely there were nuisance behavior, movements, habitat 0.295, and 0.849, respectively) established black bear populations in needs, reintroduction efforts, and public (Laufenberg and Clark 2014, p. 47). If the region (Kaminski 2011, p. 34). Since attitudes (primarily in Louisiana, but subpopulations are not independent 1990, there have been 37 verified black also Mississippi and Texas). See (some environmental processes would bear sightings in 13 east Texas counties, Laufenberg and Clark (2014, p. 5) for a affect all populations similarly), the and preliminary examination of these list of that research, and, additionally, long-term viability of the data suggest that some observations may much of that work was summarized in metapopulation could be reduced. represent duplicate sightings of the 5-year review for this species However, the high persistence individual bears (D. Holdermann, (Service 2014). More recent studies have probabilities for the TRB and UARB TPWD, personal communication, 2014). focused on population vital statistics for subpopulations would offset that Kaminski (2011, p. 50) used Habitat individual subpopulations such as reduction because the probability that at Suitability Indices (HSI) for black bears abundance (e.g., Hooker 2010; Lowe least one subpopulation would persist in east and southeast Texas to identify 2011, O’Connell 2013, Troxler 2013). would be as great as that for the 4 recovery units (ranging in size from Laufenberg and Clark (2014, entire subpopulation with the greater 74,043 to 183,562 ac (31,583 to 74,285 document) expanded the results of those probability of persistence (which was ha) capable of sustaining viable back studies and also conducted genetic greater than 95 percent) (Laufenberg and bear populations. Estimated HSI scores structure connectivity studies to Clark 2014, p. 80). for each were comparable to other examine the viability and connectivity Recovery estimates for the occupied range of of the Louisiana black bear. black bears in the southeast, and the In summary, considering Laufenberg Section 4(f) of the Act directs us to estimated acreage of suitable habitat for and Clark’s recent work (2014, entire develop and implement recovery plans all units exceeded those estimated to document) and prior research, the for the conservation and survival of support existing Louisiana black bear following conditions exist for the threatened and endangered species populations (Kaminski 2011). Louisiana black bear population: unless we determine that such a plan Approximately 11.8 million ac (477,530 (1) The population sizes of the TRB, will not promote the conservation of the ha) of the Pineywoods area of east Texas UARB, and LARB subpopulations have species. Recovery plans are not is classified as forest, of which increased since listing, their average regulatory documents and are instead approximately 61 percent is non- population growth rates are stable to intended to establish goals for long-term industrial private timberland (Barker et increasing, and the probability of long- conservation of a listed species; define al. 2005, pp. 25–26). Habitat term persistence for the TRB and UARB criteria that are designed to indicate fragmentation may become a concern in subpopulations (except for one UARB when the threats facing a species have east Texas as timberland owners modeling scenario) was greater than 95 been removed or reduced to such an dissolve their holdings over much of percent. The probability of long term extent that the species may no longer southeast Texas lands (Barker et al. persistence for the LARB is unknown. need the protections of the Act; and 2005, p. 26). Future water reservoir (2) The habitat occupied by the TRB, provide guidance to our Federal, State, developments further threaten the UARB, and LARB breeding and other governmental and non- highest quality habitat remaining in East subpopulations has increased; there is a governmental partners on methods to Texas (Barker et al. 2005, p. 26). more scattered distribution of breeding minimize threats to listed species. There Although there is currently no females between the original TRB and are many paths to accomplishing evidence of a resident breeding UARB subpopulation areas; and new recovery of a species, and recovery may population of black bears in east Texas, satellite breeding populations are be achieved without all criteria being bear recovery and range expansion in forming in Louisiana (Figure 1). fully met. For example, one or more

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criteria may have been exceeded while protected, including 126,417 ac (51,159 to conduct a translocation program other criteria may not have been ha) that have been purchased or put (based on new methodology of being accomplished, yet the Service may under non-development easements in able to use soft releases) from 2001 judge that, overall, the threats have been the Atchafalaya Basin (see the Factor through 2009 resulted in the successful minimized sufficiently, and the species Analysis below for additional details). formation of the TRC breeding is robust enough, to reclassify the Information and Education Programs: subpopulation. species from endangered to threatened The BBCC, which implemented the first Conduct Research on Population or perhaps delist the species. In other public education efforts, developed a Viability, Corridors, and Bear Biology: cases, recovery opportunities may have landowner habitat management guide More than 25 research studies on been recognized that were not known at and continues to present informational Louisiana black bear biology and habitat the time the recovery plan was and educational materials about bears requirements, subpopulation vital finalized. These opportunities may be and how to live in areas where they statistics, taxonomy and genetics, and used instead of methods identified in occur. The Bear Education and public attitudes in Louisiana, the recovery plan. Restoration (BEaR) group of Mississippi, Mississippi, and Texas have been Likewise, information on the species and the East Texas Black Bear Task conducted (see Laufenberg and Clark may be learned that was not known at Force, are additional organizations that 2014, p. 5 for a partial listing). The the time the recovery plan was actively conduct public education LDWF will continue monitoring (using finalized. The new information may activities through events such as hair snare and mark recapture efforts) change the extent that criteria need to be workshops, public talks, and brochures. the TRB, UARB, TRC, and LARB met for recognizing recovery of the There are two annual black bear subpopulations (Davidson et al, 2015, p. species. Recovery of species is a festivals, one each in Mississippi and 33, Table 3.1). Data from these studies dynamic process requiring adaptive Louisiana, to promote public education are being used to monitor and manage management that may, or may not, fully and awareness of bears. Louisiana, the bear population. follow the guidance provided in a Mississippi, and Texas have all Additionally, all four of these recovery plan. developed and are distributing public recovery actions have been identified The following discussion provides a education and safety informational for continued implementation in the brief review of recovery planning and material. LDWF regularly sponsors LDWF Black Bear Management Plan implementation for the Louisiana black hunter safety and teacher workshops. (Davidson et al. 2015), the Mississippi bear, as well as an analysis of the Protecting and Managing Bear Conservation and Management of Black recovery criteria and goals as they relate Populations: The BBCC developed the Bears in Mississippi Plan (Young 2006, to evaluating the status of the taxon. black bear restoration plan in 1997. All Appendix A), and the East Texas Black The Louisiana Black Bear Recovery three States (LA, MS, TX) now have Bear Conservation and Management Plan was approved by the Service on black bear management plans in place Plan (Barker et al. 2005, pp. 30–41). September 27, 1995 (Service 1995, 59 that guide their restoration and Substantial progress has been pp.). It was developed in coordination management activities. LDWF and achieved in alleviating known threats to with the BBCC and its Black Bear MDWFP have nuisance response the Louisiana black bear through Restoration Plan (BBCC 1997, entire protocols in place and actively manage increased habitat protection and document). The objective of the human–bear conflicts in coordination restoration, improved population recovery plan is to sufficiently alleviate with the U.S. Department of demographics by reduction of habitat the threats to the Louisiana black bear Agriculture’s (USDA) Wildlife Services fragmentations, increased knowledge of metapopulation, and the habitat that program. The LDWF initiated a program key population attributes (e.g., survival, supports it, so that the protection with St. Mary Parish to reduce bear fecundity, population growth rates, afforded by the Endangered Species Act human conflict in the LARB by home ranges) necessary to manage this is no longer warranted. providing an employee dedicated to species, responsive conflict The four primary recovery actions reduce bear access to anthropogenic management, and increased public outlined in the Louisiana black bear food sources (e.g. garbage, pet foods) in education. Many public and private recovery plan are: conjunction with purchasing and partners have contributed to the current (1) Restoring and protecting bear deploying bear-resistant waste cans improved status of the Louisiana black habitat; (Davidson et al. 2015, p. 51). The LDWF bear population by implementing these (2) developing and implementing continues providing financial support recovery actions. information and education programs; for the Parish to maintain this program (3) protecting and managing bear and has worked with adjacent parishes Recovery Criteria populations; and to implement similar programs. The The Recovery Plan includes the (4) conducting research on population LDWF and Service have worked with following criteria to consider the viability, corridors, and bear biology. the Louisiana Department of Louisiana black bear for delisting: Significant accomplishments have been Transportation and Development to (1) At least two viable made on all of the primary actions for provide bear crossing signs on Hwy 90 subpopulations, one each in the Tensas this subspecies (Service 2014, entire in the LARB subpopulation and to focus and Atchafalaya River Basins; document). Below are examples: habitat restoration and protection efforts (2) immigration and emigration Habitat Restoration and Protection: for future bear crossings (i.e., under corridors between the two viable Habitat Restoration Planning maps have passes). Similar efforts are underway to subpopulations; and been used to focus our conservation address the same concern along I–20 in (3) long-term protection of the habitat efforts resulting in approximately the TRB subpopulation. The LDWF, in and interconnecting corridors that 148,400 ac (60,055 ha) of privately coordination with the Service and U.S. support each of the two viable owned lands being restored and Geological Survey (USGS), has subpopulations used as justification for protected under the Service’s Partners developed a database that is used to delisting. for Fish and Wildlife program and the track bear occurrences, captures, and The recovery plan defines a minimum WRP program. Approximately 480,836 mortalities to better manage viable subpopulation as one that has a ac (194,588 ha) have been permanently subpopulations. A multi-partner effort 95 percent or better chance of

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persistence over 100 years, despite the (see Criterion 2) to form a reproductive data from the TRC, foreseeable effects of four factors: metapopulation would increase the probabilities of persistence were greater Demography, environment, genetics, likelihood of two or more than or equal to 0.95 only for and natural catastrophe (Schaffer 1981, subpopulations persisting for 100 years projections based on the most optimistic p. 133). Long-term protection was (BBCC 1997, p. 54). In terms of set of assumptions (Laufenberg and defined in the recovery plan as having achieving recovery criteria, the UARB Clark 2014, p. 47). sufficient voluntary conservation subpopulation is located approximately Estimates of long-term viability of the agreements with private landowners 110 miles south of the TRB and, thus, TRB and the UARB subpopulations and public land managers in the Tensas the Louisiana black bear breeding were greater than 95 percent except for and Atchafalaya River Basins (in subpopulation nearest the one in Tensas the two most conservative models for Louisiana) so that habitat degradation is River Basin. The LARB subpopulation is the UARB (long-term viability estimates unlikely to occur over 100 years. The located approximately 70 miles south of of 85 percent and 92 percent). Taken recovery plan (Service 1995, p. 14) also the UARB (therefore, approximately 180 together as a system, and assuming that noted that the requirements for delisting miles south of TRB). When these those subpopulations were were preliminary and could change as recovery criteria were developed, there independent, the combined viability more information about the biology of were no successful methods for analysis of the TRB, UARB, and TRC the species was known. We continue to establishing new breeding (using the most conservative estimates believe the recovery criteria outlined in subpopulations other than relying on obtained for all three subpopulations) the 1995 Service recovery plan (Service habitat restoration and natural indicated that the Louisiana black bear 1995) are valid (see our published 5- population expansion. Thus, habitat metapopulation (TRB, TRC, and UARB) year review for the bear at http:// restoration was and still is focused on has an overall long-term probability of www.fws.gov for more detail and our surrounding all breeding persistence of approximately 100 evaluation of the latest information as it subpopulations. Currently, there is one percent (0.996) (Laufenberg and Clark relates to the criteria). new breeding subpopulation, the TRC 2014, p. 92). The current movement of All of these criteria have been met, as (formed in Louisiana as a result of individuals between the additional described below. Additionally, the level reintroductions), between the TRB and subpopulations elsewhere in Louisiana of protection currently afforded to the UARB. This location was chosen for and Mississippi would only improve species and its habitat, as well as the reintroductions in order to facilitate metapopulation’s chance for persistence current status of threats, are outlined movement of individuals between the (Laufenberg and Clark 2014, p. 94). The below in the Summary of Factors UARB and TRB subpopulations. Recent opportunity for movement of Affecting the Species section. In documentation of bear movement individuals between the TRB–TRC– addition, we are issuing a draft PDM between the TRC and UARB and UARB metapopulation and the LARB plan at the same time as this proposed between the UARB and TRB via the TRC subpopulation is currently low; rule (see Post Delisting Monitoring subpopulation demonstrates the success however, the presence of the relatively section). A primary goal of post- of this effort. In addition, several large LARB subpopulation and delisting monitoring is to monitor the smaller breeding areas indirectly projections for improving habitat species to ensure the status does not resulting from those reintroductions are conditions (refer to Factor A and D deteriorate, and if a substantial decline forming in Louisiana. Additionally, discussions below) between it and the more northerly UARB subpopulation in the species (numbers of individuals three naturally forming (and indirectly or populations) or an increase in threats contributes to the persistence of the resulting from the Louisiana is identified, to enact measures to halt Louisiana black bear population as a reintroductions) breeding populations the decline so that re-proposing the whole. are establishing themselves in species as threatened or endangered is This recovery criterion, as described Mississippi, all evidence of increased not needed. We may delist a species in the recovery plan, calls for two viable interchange of bears. according to 50 CFR 424.11(d) if the best subpopulations, one each in the Tensas available scientific and commercial data The estimated probability of and Atchafalaya River Basins. The indicate that the species is neither persistence over 100 years for the TRB overall goal of the recovery plan was to endangered nor threatened for the subpopulation was 1.00 and 0.96 for protect the Louisiana black bear following reasons: (1) The species is process-only Model 1 estimates and was metapopulation and the habitat that extinct; (2) the species has recovered 1.00 and 0.96 for Model 2 estimates supports it so that the protection and is no longer endangered or (Laufenberg and Clark 2014, p. 46). The afforded by the Act is no longer threatened; and/or (3) the original probability of persistence of the UARB warranted. Based on the above analysis, scientific data used at the time the subpopulation met the 95 percent we believe the Tensas subpopulation is species was classified was in error. probability of long-term persistence viable and we believe the UARB Criterion (1): At least two viable except under the two most conservative subpopulation is viable based on three subpopulations, one each in the Tensas sets of assumptions (Model 2, all model scenarios. We have high and Atchafalaya River Basins. Historic uncertainty) (Laufenberg and Clark confidence in these three model habitat fragmentation, and the potential 2014. p. 82). The estimated asymptotic scenarios. The long term persistence of for continued loss and fragmentation, growth rates for the TRC ranged from the Louisiana black bear threatened the ability of the bear to 0.99 to 1.02, for Model 1 and Model 2, metapopulation (TRB, TRC, and UARB) survive as a population and also respectively (Laufenberg and Clark is estimated to be at least 0.996 under potentially affected the demographic 2014, p. 45). TRC persistence the most conservative (i.e., using the integrity of the subsequently isolated probabilities ranged from 0.29 to 0.99 lowest estimates of viability) model subpopulations. Based on Shaffer’s depending on carrying capacity, the assumptions; therefore, we believe this discussion (1981, p. 133), the strength of the density dependence, criterion to be met. We believe that requirement for two viable Louisiana level of uncertainty, and the treatment these conservative assumptions black bear subpopulations (one each in of unresolved fates (i.e., deaths or lost identified in these scenarios will likely the Tensas and Atchafalaya River collars) (Laufenberg and Clark 2014, p. be present post-delisting as the Basins) with exchange of individuals 47). Using the telemetry and Louisiana black bear PDM plan is

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implemented. Additionally, we will pay range of the Louisiana black bear). He release site (creating a new close attention to UARB and LARB also discussed anecdotal evidence subpopulation that reduced the distance subpopulation parameters as post- which suggested that ‘‘adult male bears between existing subpopulations), a few delisting monitoring progresses. The would cross open fields’’ (Marchinton dispersed to various habitat patches TRC subpopulation located between 1995, p. 59). We believe those early creating the satellite populations that TRB and UARB provides a mechanism studies not only challenged the now facilitate interchange between the for exchange between the TRB and continuous-habitat-linkage perception larger subpopulations. UARB subpopulations. In addition, this of a corridor, but also described the As part of the recovery process, HRPA recovery plan criterion did not include need for additional research to clearly maps were developed by a collaborative the possibility of other populations characterize the qualities and functions multi-agency and organization group forming on the landscape because of such corridors. (Federal, State, local government female range expansion is very slow and The Black Bear Restoration Plan states partners, and nonprofit organizations there was no acceptable methodology at that ‘‘the criteria for measuring corridor including but not limited to the Natural the time to expedite that expansion (e.g., effectiveness should also consider Resources Conservation Service (NRCS), soft release translocations). However, corridor function’’ and ‘‘research is LDWF, BBCC, Louisiana State this assumption was proven wrong. In urgently needed to determine the University, the Louisiana Nature addition to the populations described corridor functions, their size and shape, Conservancy, and the Service) to design above, we have documented new and their actual effectiveness’’ (BBCC and create landscape features to support breeding populations established in 1997, p. 58). To assess the function and the habitat-block/satellite-population Louisiana and Mississippi (Figure 1). role of corridors in Louisiana black bear corridor concept that facilitates such Criterion (2): Establishment of dispersal and genetic exchange, interchange. The Louisiana black bear immigration and emigration corridors Laufenberg and Clark (2014, pp. 24–31) HRPA maps are regularly updated; the between the two subpopulations. This conducted a movement, or step most recent update was in the spring of criterion and Criterion 3 (below) are selection, study throughout a large 2011. Those maps are designed for use addressed in the recovery plan Action 1: portion of the range of the Louisiana with conservation programs Restore and Protect Bear Habitat. To black bear. In regard to facilitating administered by NRCS) (e.g., WRP) and reach an accurate conclusion regarding Louisiana black bear movement between the Service (e.g., Partners for Fish and the achievement of this criterion, it is subpopulations, their findings indicated Wildlife (PFW)), which primarily essential to fully understand the term that, while contiguous forested habitat encourage reforestation of marginal and ‘‘corridor’’ in light of the advances in linkages can be beneficial to bears nonproductive cropland in Louisiana. Louisiana black bear research moving through a fragmented The maps, using a 3-tiered point system, methodology (and the knowledge gained landscape, hypothetical forested establish higher point zones (indicating regarding Louisiana black bear dispersal corridors ‘‘were not more effective than higher importance for bear recovery and and interchange) that has occurred since the broken habitat matrix that thus providing landowners competing the listing of the Louisiana black bear surrounded many of the for this conservation funding with a more than 20 years ago. Although the subpopulations’’ (Laufenberg and Clark higher ranking) around breeding bear Louisiana black bear Recovery Plan does 2014, p. 85). Their study also habitat, large forested areas, and various not specifically define the term documented interchange occurring habitat patches that may facilitate ‘‘corridor’’, it does present the future ‘‘from the UARB to the TRB by way of interchange between Louisiana black objective of developing corridor the TRC’’ (Laufenberg and Clark 2014, bear subpopulations. Areas that would requirements and guidelines from pp. 2, 84). Such interchange supports benefit breeding subpopulations and available research studies and the assertion by Laufenberg and Clark corridors thus receive the highest incorporating pertinent findings and (2014, p. 90) that the presence of priority and landowners competing for knowledge into practical management multiple satellite populations of WRP enrollment would receive higher guidelines (Service 1995, p. 18). breeding bears on the landscape may be rankings in those areas. Most WRP tracts The Black Bear Restoration Plan states more effective in establishing and/or are encumbered by permanent that little was known about Louisiana maintaining connectivity between the easements that protect the land from black bear corridor use and larger subpopulations than the presence future conversion or development (refer requirements at that time (BBCC 1997, of contiguous forested linkages. to discussion in Factor D). p. 58). Research studies conducted near Most such satellite populations exist Similar conservation priority maps the time of the Louisiana black bear today as a result of a multi-agency have been developed and are currently listing were primarily inconclusive project undertaken specifically to in use in Mississippi (Ginger et al. regarding the identification and reduce demographic isolation of the 2007). The TPWD and its partners have function of corridors. Weaver et al. existing TRB and UARB developed Land Conservation Priority (1990b, p. 347) determined that the subpopulations. That translocation Maps for East Texas and a Hardwood Louisiana black bear will use tree-lined project, initiated in 2001, was based on Habitat Cooperative that offers a cost- drainages in agricultural areas to travel the assumption that relocated females share program to landowners seeking to between larger forested tracts. They also with cubs would remain at a new restore or enhance hardwood habitat on stated, however, that ‘‘research is location (not currently supporting a their lands. In East Texas, more than needed to document the characteristics Louisiana black bear subpopulation) 500 ac (200 ha) have been restored and a corridor must possess to make it and adult females would be discovered 1,550 ac (630 ha) were enhanced via the suitable for use by bears as a habitat by males traveling through the area. Hardwood Habitat Cooperative program link.’’ Marchinton (1995, pp. 53, 64) From 2001 through 2009, 48 females between 2008 and 2011. speculated that male Louisiana black and 104 cubs were moved (primarily The Louisiana Black Bear Recovery bear movements, though influenced by from the TRB) to a complex of public Plan states that corridors providing habitat fragmentation patterns, were not lands located between the TRB and the cover may facilitate the movement of inhibited by the level of fragmentation UARB subpopulations. Though most bears between highly fragmented forest within his study area (which was relocated females and their offspring tracts. It also states, however, that the typical of the landscape throughout the remained within the vicinity of their Louisiana black bear has been known to

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cross open, agricultural fields even habitat degradation is unlikely to occur proportion of the remaining forested when forested corridors were available, over 100 years (Service 1995, p. 14). habitat that is not encumbered by and that ‘‘habitat blocks (large blocks of Additionally, the Black Bear Restoration perpetual conservation servitudes or land) may provide more effective Plan states that criteria for determining public ownership and management are corridors’’ (Service 1995, p. 6). This whether long-term habitat and corridor occasionally to frequently flooded and type of habitat-block/satellite- protection has been achieved could would not be suitable for conversion to population corridor occurs throughout include ‘‘data projecting future habitat agriculture or development without the the range of the Louisiana black bear in trend according to historical trend in construction of significant flood control the form of remnant forested patches acreage and habitat type/quality’’ (BBCC features. The construction of such and tracts of restored habitat (on private 1997, p. 58). It further states that other features or other activities would and public lands), and has been metrics to consider may include the eliminate or reduce existing wetland augmented by the relocation of bears extent of cooperating private habitat (including forested wetlands) into east-central Louisiana. Laufenberg landowners and the nature of their and would be regulated via The Food and Clark (2014, p. 90) concluded, respective conservation agreements, as Security Act of 1985 and/or Section 404 based on the result of their work, that well as ‘‘federal legislation restricting of the CWA. Although the CWA was a patchwork of natural land cover agricultural conversion of wetlands, and initially considered insufficient to between Louisiana black bear breeding the nature of conservation easements ensure the long-term protection of subpopulations may be sufficient for such as those being obtained from Louisiana black bear corridors, movement of individuals between private landowners by the Corps in the significant changes have occurred in the subpopulations (at least for males). Atchafalaya Floodway’’ (BBCC 1997, p. legal interpretation and authoritative Laufenberg and Clark (2014, p. 85) 58). Employing those criteria, and based limits of the CWA. As the result of postulated that, while such corridors on the genetic and connectivity studies multiple court cases and revised legal may be important, they were not more by Laufenberg and Clark (2014), it is interpretations, the regulatory scope and evident that not only are corridors effective than the presence of a broken- enforcement authority of the Corps and between the UARB and the TRB habitat matrix such as what is the Environmental Protection Agency subpopulations present and functional, surrounding current Louisiana black (EPA) under the CWA was substantially they are afforded long-term protection bear subpopulations. As described broadened (see discussion under Factor through a combination of conservation above, research supports this corridor D for additional information). With the concept and the documented evidence easements and environmental regulations. institution of those regulatory changes, of interchange between the UARB and the trajectory of BLH forest loss in the the TRB subpopulations (and additional Habitat Protection Through Ownership or Permanent Easements: An LMRAV has not only improved, but has interchange with subpopulations in also been reversed. This trend reversal Arkansas and Mississippi) provides estimated 450,000 to 550,000 ac (182,000 to 222,000 ha) of BLH forest is heavily supported by published further validation. The Louisiana black accounts (Haynes 2004, p. 173), natural bear recovery plan indicates ‘‘key habitat were restored in the LMRAV within 12 years of the Louisiana black resource management agency records corridors or habitat blocks need to be (Table 2), and our analysis of classified identified and will be required to ease bear being listed as a threatened species (Haynes 2004, p. 173). Since 1992, more imagery within the Louisiana black bear fragmentation within and between than 148,000 ac (60,000 ha) of land has HRPA (Tables 7 and 8). The habitat loss occupied habitat for the Louisiana black been permanently protected and/or trend reversal is further supported by an bear.’’ We have clearly documented restored in the HRPA via the WRP analysis of data obtained from the evidence of interchange between the program (mostly in the TRB and UARB Corps’ wetland regulatory program, TRB and UARB subpopulations by way areas) (Table 2). It should also be noted which demonstrates that substantially of the TRC, and, therefore, we have met that, in Louisiana, there are more forested habitat is restored through this criterion. approximately 480,000 ac (195,000 ha) compensatory wetland mitigation than Criterion (3): Long-term protection of of public lands within the HRPA that is eliminated via permitted wetland habitat and interconnecting corridors are managed or maintained in a manner development projects (Table 10). that support each of the two viable that provides benefits to bears (Table 5). Furthermore, the Corps’ wetland subpopulations used as justification for Approximately 460,000 ac (186,000 ha) regulatory program data indicate that delisting. The recovery plan states that of public lands in Louisiana and the ratio of wetland habitat gains from long-term protection is defined as Mississippi directly support Louisiana compensatory mitigation to wetland having sufficient voluntary conservation black bear breeding populations (Table habitat losses attributed to permitted agreements with private landowners 6, Figure 2). projects is 6:1 (R.M. Stewart, Vicksburg and public land managers in the Tensas Habitat Protection Through District Corps, personal communication, and Atchafalaya River Basins so that Regulations and Mitigation: A large 2014).

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In summary, the current distribution bear corridor system. In fact, relating to voluntary landowner-incentive based of habitat patches and breeding the Louisiana black bear, data clearly programs and environmental regulations subpopulations have been documented demonstrate that the CWA regulatory would not continue for the foreseeable to provide sufficient connectivity for program not only provides adequate future (Tables 2, 3, 7, 8, and 10). A interchange to occur between the UARB protection for its habitat, but has also substantial acreage of the habitat that and the TRB subpopulations as detailed resulted in habitat gains due to supports the main breeding in Criterion 2 (Laufenberg and Clark compensatory mitigation requirements subpopulations in the TRB and UARB is 2014, pp. 83–84). A substantial amount (see Table 11 and discussion under in public ownership (e.g., Tensas River of forested habitat within the Louisiana Factor A, below). The ‘‘Swampbuster’’ NWR, Big Lake WMA, Buckhorn WMA, black bear HRPA system is perpetually provisions of the Food Security Act of Richard K. Yancey WMA, Sherburne protected through conservation 1985 provide additional protections WMA, and Bayou Teche NWR) and easements (on private lands) and fee- against the conversion of forested managed to provide habitat for a variety title purchases (public lands) for the wetlands for agricultural purposes. of wildlife including the Louisiana purpose of providing wildlife habitat There is no available information to black bear (see State-owned lands and (which includes Louisiana black bear suggest that either of these regulatory U.S. Fish and Wildlife National Wildlife habitat (Figure 2). All available data protections would be weakened or Refuges sections of Factor D). indicate that current environmental eliminated in the foreseeable future. Accordingly, we believe that the habitat laws and regulations (in particular, the We have no information to suggest within the Louisiana black bear corridor CWA) are sufficient to provide long- that the current trend of habitat gains system is functional, and is afforded term protection of the Louisiana black within the LMRAV and the HRPA from long-term and adequate protection from

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existing regulatory mechanisms and geographic information system (GIS) to a significant removal of land from through the management efforts of our technology at the time of listing of the agricultural production for the purpose State, Federal, and non-governmental Louisiana black bear. GIS technology of hardwood forest establishment partners. was in its infancy in the 1990s, so our (Gardiner and Oliver 2005, p. 243; and ability to accurately delineate the extent Oswalt 2013, p. 6). In some areas, these Summary of Factors Affecting the and distribution of Louisiana black bear gains have been especially noteworthy. Species habitat at the time of listing was For example, West Carroll Parish, Section 4 of the Act and its determined from a best professional Louisiana, experienced a 92 percent loss implementing regulations (50 CFR part estimate based on hand-drawn maps. In of forested area from 1950 (45 percent 424) set forth the procedures for listing, addition, the geographic areas used for forest) to 1980 (8 percent forest), and in reclassifying, or removing species from those initial estimates were not often 2013, the parish was approximately 18 the Federal Lists of Endangered and well described and varied by study, percent forested (Oswalt 2013, p. 4). Threatened Wildlife and Plants. To list making successive temporal As stated in Table 1, breeding habitat a species, we must first evaluate comparisons quite difficult. Advances for the bear at the time of listing was whether that species may be an in technology, including GIS and roughly 340,400 acres. The total has endangered species or a threatened remotely sensed data (e.g., aerial and grown based on implementation of species because of one or more of the satellite imagery), currently allow for recovery actions with numerous five factors described in section 4(a)(1) highly accurate identification and partners to more than 1,800,000 acres by of the Act. We must consider these same delineation of habitat based on specified the end of 2014. This is approximately five factors in reclassifying or delisting characteristics. This, subsequently, five times the amount of area occupied a species. The Act does not define the provides for a more consistent and by breeding subpopulations than was term ‘‘foreseeable future.’’ For the reproducible estimate of Louisiana black occupied at the time of listing. purpose of this rule, we define the bear habitat distribution and trend. Examples of actions that have helped foreseeable future to be the extent to According to Haynes (2004, p. 172), reduce habitat loss or improve suitable which, given the amount and substance the forested wetlands of the LMRAV habitat for the Louisiana black bear are of available data, we can anticipate have been reduced from historic discussed below. events or effects, or reliably extrapolate estimates of 21 to 25 million acres (8.5 A major factor in this positive habitat threat trends, such that we reasonably to 10 million ha) to a remnant 5 to 6.5 trend is the success of incentive-based believe that reliable predictions can be million acres (2 to 2.6 million ha). private land restoration programs, such made concerning the future as it relates Significant increases in soybean prices as WRP, which was established by the to the status of the Louisiana black bear. in the late 1960s and early 1970s Food Security Act of 1990. The WRP A recovered species is one that no provided the impetus for the large-scale has been ‘‘perhaps the most significant longer meets the Act’s definition of a conversion of forested habitat to and effective wetland restoration threatened or an endangered species. agriculture, which was facilitated by program in the world’’ (Haynes 2004, p. The following analysis examines all improved flood control, drainage, and 173). According to Haynes (2004, p. five factors currently affecting, or that technology (Wilson et al. 2007, pp. 7– 173), within 12 years of the Louisiana are likely to affect, the Louisiana black 8). Allen et al. (2004, p. 4) concurred black bear being listed as a threatened bear within the foreseeable future. that the primary cause of bottomland species, an estimated 450,000 to 550,000 ac (182,000 to 222,000 ha) of BLH forest Factor A. The Present or Threatened hardwood loss has been conversion to had been restored in the LMRAV. Since Destruction, Modification, or agricultural production. According to 1992, more than 148,000 ac (60,000 ha) Curtailment of Its Habitat or Range Creasman et al. (1992) as cited by Haynes (2004, p. 170), approximately 78 of land has been permanently protected The final rule that listed the Louisiana percent of the bottomland forests in and/or restored in the HRPA via the black bear as a threatened subspecies Arkansas, Louisiana, and Mississippi WRP program (mostly in the TRB and states that it ‘‘meets the criteria for had been lost to conversion at the time UARB areas) (Table 2). The entire protection under the Act on the basis of of listing. When the bear was listed in 148,000 ac (60,000 ha) of restored land past habitat loss alone’’ (57 FR 588). It 1992, the Service recognized that the benefits movement between also identified the threat of further rate of loss of bear habitat had leveled populations, with approximately 97,000 habitat loss of occupied habitats due to off (Service 1992, p. 592). Since that ac (39,000 ha) directly benefitting conversion to agriculture or other non- time (1990–2010), forested habitat breeding populations (Table 2). The use timber uses on top of past severe losses within the LMRAV has increased of the Louisiana Black Bear Habitat that occurred (historical modification (Oswalt 2013, p. 4). Restoration Planning Maps in and reduction and reduced quality of The Black Bear Restoration Plan states conjunction with the WRP has not only habitat, primarily as a result of that the delisting criteria standard of increased the total amount of available conversion to agriculture), the lack of long-term habitat and corridor Louisiana black bear habitat, but has protection of privately owned protection could involve a projection of also allowed us and our partners to woodlands in the north Atchafalaya and future habitat trend based on historical directly focus on addressing the Tensas River Basins, and inadequacy of trends in acreage and habitat type/ recovery criteria. When WRP permanent existing regulatory protections to protect quality (BBCC 1997, p. 58). In that easement lands are added to the habitat Louisiana black bear habitat (see Factor regard, Schoenholtz et al. (2001, p. 612; protected on Federal and State NWRs or D for regulatory mechanism discussion). 2005, p. 413) described a ‘‘promising or WMAs, mitigation banks, and the We present multiple habitat encouraging’’ trend in the annual numerous Corps fee title and easements assessment metrics to establish trends increase of afforestation (planting of (as discussed in detail under the Factor within the LMRAV and the Louisiana trees to create forested habitat) in the D section), approximately 638,000 ac black bear HRPA. This relatively high LMRAV. Available data indicates that (258,000 ha) have been permanently level of redundancy is provided to over the past three decades, forest protected and/or restored within the demonstrate that habitat trends have restoration in the LMRAV portions of HRPA in Louisiana (Table 3). Although been accurately identified, and to Louisiana, Mississippi, and Arkansas not permanently protected, an compensate for the limitations in has increased dramatically, and has led additional 122,000 ac (49,000 ha) of

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lands currently enrolled in 10- to 15- lands did not exist or were not as large contracts), which also provides benefits year agreements via the CRP program of in the early 1990s as they are today (e.g., to the Louisiana black bear. the Farm Service Agency (FSA) within Bayou Teche NWR, Tensas River NWR, Forested wetlands throughout the the HRPA (Table 4) provide short-term Buckhorn WMA). Approximately range of the Louisiana black bear habitat habitat that can be used by bears for 460,000 ac (186,000 ha) of public lands that are not protected through direct foraging/denning and travel. (inside and outside of the HRPA) in public ownership or easements on Many of the remaining forested Louisiana and Mississippi directly private lands will continue to receive wetland areas (as we have detailed) support Louisiana black bear breeding protection through Section 404 of the have been protected within our National populations (Table 6). CWA and the ‘‘Swampbuster’’ Wildlife Refuge System, in National provisions of the Food Security Act of In summary, there are about 460,000 Forests, in State WMAs, and on U.S. 1985. Forested habitat trends in the ac (186,000 ha) of Federal- and State- Department of Agriculture WRP or other LMRAV indicate that those regulations owned conservation lands managed for conservation easement sites (King et al. have provided adequate long-term wildlife in Louisiana and Mississippi 2006). The Partners for Fish and protection of Louisiana black bear Wildlife Program focuses on that directly support Louisiana black habitat since the listing of the Louisiana conservation delivery adjacent to or bear subpopulations. If this proposed black bear in 1992. The trajectory of nearby such protected areas to help delisting is finalized, those areas would BLH forest loss in the LMRAV has been meet our strategy of expanding main continue to remain permanently reversed with substantial gains in conservation areas and linking habitat protected. Since listing, we have gained forested habitat being realized within by reducing fragmentation. Numerous more than 4,000 ac (1,600 ha) of Federal both the LMRAV and the more projects administered through this land in Mississippi that benefit bears, restrictive HRPA. program have provided direct habitat acquired new NWRs (such as Bayou To further evaluate forested wetland benefits for the Louisiana black bear. Teche NWR in Louisiana in 2001), and habitat trends within the HRPA, we Additional details regarding the expanded others. In addition to the employed a digital GIS analysis of effectiveness of this program can be permanently protected habitat in public landscape changes in which classified found in the Factor D section, titled ownership, we have worked with States habitat types were monitored over time. Partners for Fish and Wildlife Act and landowners to secure 148,000 ac To increase the confidence level of that Regulations. (60,000 ha) of permanent WRP analysis, we evaluated two independent It should also be noted that in easements. Regardless of whether the sets of imagery (image dates were based Louisiana there are approximately bear is delisted, these voluntary on availability). The results of both 480,000 ac (195,000 ha) of public lands permanent easements protect wetlands methodologies (shown in Tables 7 and (e.g., NWRs, WMAs, and Corps lands) and ensure that habitat will be 8 below) demonstrate significant gains that are managed or maintained in a maintained (see Factor D for associated in potential bear habitat within the way to benefit wildlife (including bears) regulatory protections). In addition to Louisiana black bear HRPA in recent in the HRPA (Table 5). A description of the approximately 638,000 ac (258,000 decades. Those results are consistent the formal guidance and/or legal ha) of permanently protected habitat with government agency records for documents that direct those (refer to Table 3), there are roughly forested habitat restoration through management actions is provided in 122,000 ac (49,000 ha) of habitat programs such as WRP, CRP, and Factor D below. Several of these public enrolled in CRP (with 10- to 15-year wetland mitigation banking.

TABLE 2—PRIVATE LANDS ENROLLED IN THE USDA NATURAL RESOURCES CONSERVATION SERVICE WETLAND RESERVE PROGRAM (PERMANENT EASEMENTS) SUPPORTING BREEDING HABITAT AND WITHIN THE LOUISIANA BLACK BEAR HABITAT RESTORATION PLANNING AREAS (HRPA), LA (ac [ha])

Tensas River Upper Lower 1 Atchafalaya Atchafalaya Total Basin River Basin River Basin

Breeding Habitat 2 ...... 90,198 6,500 0 96,698 [36,502] [2,630 ] 0 [39,132] HRPA ...... 136,870 11,530 0 148,400 [55,389 ] [4,666 ] 0 [60,055] 1 Includes the TRC subpopulation. 2 Breeding habitat is primarily contained within the HRPA, but has expanded beyond it in some areas.

TABLE 3—TOTAL AREA (NWRS, WMAS, WRPS, CORPS LANDS, FARMERS HOME ADMINISTRATION [FmHA] EASEMENT TRACTS, AND WETLAND MITIGATION BANKS) WITHIN LOUISIANA BLACK BEAR BREEDING HABITAT AND THE LOUISIANA BLACK BEAR HRPA WITHIN LOUISIANA (ac [ha])

Tensas River Upper Lower Atchafalaya Atchafalaya Total 3 Basin 1 River Basin 3 River Basin 3

Louisiana black bear breeding habitat ...... 1,002,750 290,263 130,839 1,423,853 [405,799 ] [117,465 ] [52,949] [576,213 ] Permanently protected Louisiana black bear breeding habitat 2 ...... 493,639 91,880 7,614 593,133 [199,769 ] [37,182] [3,081 ] [240,032 ] Percent of Louisiana black bear breeding habitat that is permanently protected 2 ...... 49.2 31.7 5.8 41.7

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TABLE 3—TOTAL AREA (NWRS, WMAS, WRPS, CORPS LANDS, FARMERS HOME ADMINISTRATION [FmHA] EASEMENT TRACTS, AND WETLAND MITIGATION BANKS) WITHIN LOUISIANA BLACK BEAR BREEDING HABITAT AND THE LOUISIANA BLACK BEAR HRPA WITHIN LOUISIANA (ac [ha])—Continued

Tensas River Upper Lower Atchafalaya Atchafalaya Total 3 Basin 1 River Basin 3 River Basin 3

Louisiana black bear HRPA ...... 2,054,811 1,200,844 366,001 3,621,656 [831,553] [485,964 ] [148,115 ] [1,465,632] Permanently protected habitat within the Louisiana black bear HRPA .. 408,400 217,936 11,573 637,909 [165,274 ] [88,195] [4,683 ] [258,152 ] Percent of the Louisiana black bear HRPA that is permanently pro- tected ...... 19.9 18.1 3.2 17.6 1 Includes the TRC subpopulation. 2 Breeding habitat is primarily contained within the HRPA but has expanded beyond it in some areas. 3 Figures shown in this table are based on currently available spatial data and represent the most accurate estimates to date. Certain protected habitat estimations presented here are lower than the figures provided in the Louisiana black bear 5-year status review document due to im- proved data availability and associated methodology, and not to actual reductions in protected habitat.

TABLE 4—CRP WITHIN THE LOUISIANA BLACK BEAR BREEDING HABITAT AND LOUISIANA BLACK BEAR HABITAT RESTORATION PLANNING AREAS, LA (ac [ha]) [Numbers may not total due to rounding]

Tensas River Upper Lower 1 Atchafalaya Atchafalaya Total Basin River Basin River Basin

Breeding Habitat 23 ...... 44,766 21,770 0 66,536 [18,116] [8,810 ] [0 ] [26,926 ] HRPA ...... 120,793 1,344 11 122,149 [48,883 ] [544] [5 ] [49,432] 1 Includes the TRC subpopulation. 2 Breeding habitat area is largely a subset of (i.e., contained within) the total HRPA. 3 Breeding habitat areas have expanded beyond the HRPA boundary.

TABLE 5—STATE AND FEDERAL MANAGEMENT AREAS WITHIN THE LOUISIANA BLACK BEAR HABITAT RESTORATION PLANNING AREAS, LA (ac [ha]) [Numbers may not total due to rounding]

Tensas River Upper Lower Atchafalaya Atchafalaya Total 2 Basin 12 River Basin 2 River Basin 2

NWRs ...... 111,966 17,614 7,426 137,006 [45,311 ] [7,128 ] [3,005 ] [55,444] WMAs ...... 143,933 59,423 1,474 204,830 [58,248] [24,048] [597] [82,892 ] Atchafalaya Basin Floodway Master Plan Easements and Acquisi- tions 3 ...... 126,417 ...... 126,417 [51,159] [51,159]

Total ...... 255,899 226,037 8,900 480,836 [103,559 ] [91,476] [3,602 ] [194,588 ] 1 Includes the TRC subpopulation. 2 Some acreage figures are less than that presented in the Louisiana Black Bear 5-Year Status Review due to property boundary refinements and corrections for certain NWRs and WMAs. 3 This acreage (126,417) does not equal the 141,400 ac estimated by the Corps (Lacoste 2014). The reason for the apparent discrepancy is that the LDWF has been granted management authority over portions of the 141,400 ac (which include both fee title and easement properties). In our analysis, the management-transfer acreage was credited to LDWF (in the form of WMA acreage) rather than to the Corps. However, the total calculated protected-habitat acreage remains consistent (and accurate) regardless of that management authority reassignment.

TABLE 6—FEDERAL AND STATE NATURAL RESOURCE MANAGEMENT AREAS THAT SUPPORTS LOUISIANA BLACK BEAR BREEDING SUBPOPULATIONS (ac [ha]).

Upper Lower Tensas River Atchafalaya Atchafalaya Louisiana total Mississippi Total Basin 1 total 4 River Basin 23 River Basin

NWRs ...... 160,815 16,030 7,355 184,199 4,383 188,582 [65,079 ] [6,487 ] [2,976 ] [74,543] [1,774 ] [76,316 ]

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TABLE 6—FEDERAL AND STATE NATURAL RESOURCE MANAGEMENT AREAS THAT SUPPORTS LOUISIANA BLACK BEAR BREEDING SUBPOPULATIONS (ac [ha]).—Continued

Upper Lower Tensas River Atchafalaya Atchafalaya Louisiana total Mississippi Total Basin 1 total 4 River Basin 23 River Basin

WMAs ...... 223,926 49,042 0 272,968 0 272,968 [90620] [19,846 ] [110,466 ] [110,466 ]

Total ...... 384,741 65,071 7,355 457,167 4,383 461,550 [155,699 ] [26,333] [2,976 ] [185,009 ] [1,774 ] [186,783 ] 1 Includes the TRC subpopulation and the Louisiana black bear subpopulation in north-central Louisiana near the Arkansas State line. 2 Includes the Louisiana black bear subpopulation found in the Florida parishes of Louisiana (east of the Mississippi River). 3 These figures do not include Atchafalaya Basin Floodway Master Plan easements and acquisitions purchased by the Corps, or lands not managed as part of a Federal or State natural resource management area. 4 Although there are Louisiana black bear breeding subpopulations in Warren, Wilkinson, Issaqueena, and Sharkey Counties, only the Issaqueena/Sharkey subpopulation is currently located by State and Federal lands.

In 1992, when the Louisiana black that ‘‘privately owned lands of the ‘‘privately owned and under no bear was listed, the lack of habitat Atchafalaya River Basin south of U.S. protection through conservation protection within the Atchafalaya River 190 may remain exposed to threat from easements or acquisition’’ (Service 1992, Basin was considered a significant clearing and conversion to agricultural p. 591). The Corps’ Feasibility Study for component of the overall habitat loss uses’’ (Service 1992, p. 591). It further the Atchafalaya Basin Floodway System threat to Louisiana black bears. The states that approximately one-half of the projected the ‘‘conversion of about final rule that listed the Louisiana black forests in the northern Atchafalaya River 200,000 ac [81,000 ha] of forestland to bear as a threatened subspecies states Basin and the Tensas River Basin are agricultural land’’ within the Lower

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Atchafalaya Basin Floodway (Corps Service estimated that more than 35,000 population trend projections for all of 1982, p. 29). Partly in response to that ac (14,000 ha) of lakes and cypress- the parishes within the Louisiana black threat, when the Corps’ Atchafalaya tupelo swamps would convert to higher bear HRPA. Population projections are Basin Multi-Purpose Plan was elevation forests within the Basin by the available through year 2030; see Table 9. approved, it authorized the acquisition year 2030 (LeBlanc et al. 1981, p. 65). The Louisiana Parish Population of more than 300,000 ac (121,000 ha) of This prediction is supported by more Projections Series (2010–2030) were non-developmental easements on recent studies documenting increased developed by Louisiana State private lands and the fee-title purchase and ‘‘substantial’’ sedimentation within University–Department of Sociology for of more than 50,000 ac (20,000 ha) of the Basin, to the extent that certain areas the State of Louisiana, Office of land for conservation purposes within exhibit ‘‘the highest documented Information Technology, Division of the Atchafalaya Basin covering a sedimentation rates in forested wetlands Administration (http://louisiana.gov/ substantial amount of land between the of the United States’’ (Hupp et al. 2008, Explore/Population_Projections/). UARB and the LARB subpopulations p. 139). Sedimentation results in (Corps 1983, p. 3). According to the increased forest floor elevation, and Of the 17 parishes included within most current Corps’ data, approximately areas currently subject to frequent our Louisiana Black Bear Habitat 94,000 ac (38,000 ha) of environmental inundation will eventually reach Restoration Planning Area, 15 were easements have been purchased and elevations that are significantly less projected to experience human 47,400 ac (19,000 ha) of land have been prone to flooding. Such elevation and population declines, including several purchased in fee title for conservation hydrology changes are typically that may experience substantial purposes within the Basin (Lacoste accompanied by a shift in vegetative reductions (population declines of 10– 2014). community (reflective of the hydrologic 23 percent). St. Landry and St. Martin Developmental and environmental conditions) resulting in habitats that are Parishes were the only parishes within provisions of those easements prohibit more suitable for bear foraging and our analysis polygon with projected the conversion of land from existing habitation. Such changes could population growth over the next 15 uses (e.g., conversion of forested lands ultimately expand the acreage of years (though increases of only 3.88 and to cropland). Camp development and suitable habitat for the UARB and LARB 5.07 percent, respectively, are timber harvests within the easement subpopulations, and improve habitat expected). It should be noted that area must be conducted in compliance linkage and genetic exchange between significant portions of those parishes, with associated easement restrictions. those groups. including their largest urban areas The current and future acquisition of Although trends related to where most future population growth land (via easement and fee-title agricultural conversion of forested land and associated development would be purchase) for environmental purposes have been reversed since the listing of expected, occur outside of the HRPA. In within the Basin have substantially the Louisiana black bear, another summary, based on our review of the reduced, and will continue to possible source of future habitat loss available human population projections, substantially reduce, the threat of may be development associated with it appears that there is an extremely low habitat loss within this region of the increased urbanization. To assess threat of future Louisiana black bear State. In addition to those protections potential future habitat losses associated habitat loss from urban expansion or afforded to existing forested lands, the with development, we acquired other types of development.

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Summary of Factor A: Under current that those lands largely consist of Factor B. Overutilization for landscape conditions and forested forested habitats that are occasionally to Commercial, Recreational, Scientific, or habitat extent, the subpopulations frequently flooded and would not be Educational Purposes within the Tensas and Upper suitable for conversion to agriculture or Atchafalaya River Basins [specifically development without the construction Hunting During the Past 23 Years: In the TRB, UARB, and TRC]) have an of significant flood control features. The addition to habitat loss, prior to listing, overall probability of persistence of construction of such features or other Louisiana black bear numbers had been reduced throughout its range due to approximately 100 percent (0.996; activities that would eliminate or reduce historical overexploitation (Barker et al. Laufenberg and Clark 2014, p. 2). This existing wetland habitat (including 2005, p. 3; Davidson et al. 2015, p. 3; St. indicates that current available habitat forested wetlands), and would be Amant 1959, p. 42; Shropshire 1996, p. is sufficient in quality and quantity to regulated via The Food Security Act of 20). For example, Keul (2007, p. i) meet long-term survival requirements of 1985 and/or Section 404 of the CWA the Louisiana black bear. Much of that reviewed historical literature on the (refer to the Factor D section for further habitat is protected and the extent of black bear in East Texas and concluded discussions on long-term protections protected habitat continues to increase. the primary reason for loss of bears was Since the listing of the Louisiana black afforded to private land through existing due to aggressive and uncontrolled sport bear in 1992, voluntary landowner- regulatory mechanisms). Due to the hunting. Currently, there are no legal incentive based programs and increase in available and restored commercial or recreational consumptive environmental regulations have not only habitat following the listing of the uses of Louisiana black bears. In the stopped the net loss of forested lands in Louisiana black bear, including more mid-1950s, the bear hunting season in the LMRAV, but have resulted in than 460,000 ac (186,000 ha) held in Louisiana was temporarily closed due to significant habitat gains within both the Federal and State ownership, the low bear numbers (Davidson et al. 2015, LMRAV and the Louisiana black bear protection of a substantial portion of p. 5). In spite of low numbers, bear HRPA. We do not have any data restored habitats with perpetual non- hunting remained legal for short time indicating that future enrollment in developmental easements (through the periods in restricted areas of Louisiana voluntary landowner-incentive based WRP or wetland mitigation banking until 1988, when the season was once programs would deviate significantly programs), and the protection of again closed; it has not since reopened from recent historic trends. remnant and restored forested wetlands (Davidson et al. 2015, p. 5; Murphy, There is also a substantial amount of through applicable conservation 2015, personal communication). private land that supports Louisiana regulations (e.g., Section 404 of the Additional protection was provided by black bears, but that is not encumbered CWA), we find that the present or the State listing of the Louisiana black by conservation easements. To threatened destruction, modification, or bear (listed as threatened in Louisiana conservatively estimate long-term curtailment of its habitat or range is no in 1992, as endangered in Mississippi in habitat availability for the Louisiana longer a threat to the Louisiana black 1984, and as threatened in Texas in black bear, those lands were excluded bear. 1987) (refer to the Factor D section for from much of our analyses (Tables 2, 3, further discussions on regulatory 5, and 6). It should be noted, however, mechanisms).

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Hunting in the Future: Should the and 15 euthanizations due to they had been killed or scavenged and Louisiana black bear be delisted and the conditioning to anthropogenic food noted that small bears in poor condition accompanying protection afforded sources and subsequent human would be more susceptible to predation. under the Act removed, the bear would habitation (Davidson et al. 2015, p. 15). Cannibalism rates are not likely to remain protected under State law and In Mississippi, two research-related regulate population growth (Rogers the State penalties for poaching or deaths have occurred since listing 1987, p. 55). It is unknown how many harming a Louisiana black bear would (Rummel 2015, personal juvenile males are killed (rather than remain in place (see Factor D communication). dispersed from the area) by adults, but discussion) (Davidson et al. 2015, p. 57). Summary of Factor B: The small that mortality probably has little effect This includes protection that would number of mortalities occurring from population growth due to the remain in place for all bear species. research activities or removal due to polygamous (having more than one After the bear is no longer protected by public safety concerns does not mate) mating system of bears (Rogers the ESA, however, the legal harvest of represent a significant threat to the 1987, p. 55). O’Brian’s (2010, p. 17), bears, with approval from the Louisiana Louisiana black bear population. In literature review of black bear disease Wildlife and Fisheries Commission, addition, recreational hunting is not a indicated bears may be susceptible to a could occur in Louisiana based on threat because there has been no number of parasitic, bacterial, and viral demographic monitoring data (Davidson existing functional mechanism to hunt diseases but none are likely to cause et al. 2015, p. 55). Based on the 2015 or take bears in the States in its range high morbidity or mortality. Similarly, Louisiana black bear management plan, since 1984 (refer to Factor E discussion Pelton (1982, p. 511) listed the LDWF has the authority, capability, and for a discussion of mortality due to following diseases of black bears— biological data to implement careful poaching). Also if this rule is finalized, liposarcoma and unidentified tumors, hunting restrictions and population bear species would remain protected in Elokomin fluke, rabies, and several management (Davidson et al. 2015, p. the States where the Louisiana black bacterial and parasitic infestations— 55). If this rule is finalized, the LDWF bear occurs through State regulations so noting that none appeared to have would only consider the possibility of a there is no identified threat to the significant effects on population limited hunt through a quota system, Louisiana black bear (refer to Factor D regulation and LeCount (1987, p. 79) did allocated by management area, based on discussion for a discussion of not believe disease represented a harvest models accounting for such regulations that will remain in place). substantial mortality factor for bear things as demographics, reproductive Therefore, the associated protections populations. Disease vectors are vital rates, genetic characteristics, and afforded to the American black bear due monitored by the LDWF whenever bears the magnitude of human-caused to similarity of appearance will no are handled. mortality (Davidson et al. 2015, pp. 55– longer be necessary. The potential for a Summary of Factor C: We have no 56). Baseline estimates would be regulated restricted harvest of the evidence or data indicating that disease established for every Louisiana black Louisiana black bear population exists. or predation present a threat to the bear subpopulation, and population The LDWF would not consider a harvest Louisiana black bear population. if existing data and simulated monitoring would be conducted Factor D. The Inadequacy of Existing population dynamics models indicate a (Davidson et al. 2015, p. 55). The Regulatory Mechanisms baseline estimates and population restricted hunt could potentially compromise Louisiana black bear Louisiana: Overharvest was identified monitoring would be based on the sustainability. Louisiana’s State as one of the factors that resulted in low extensive data and monitoring methods management plan has measures in place Louisiana black bear numbers. developed by LDWF and described in to ensure the Louisiana black bear Currently, in addition to protections the PDM. The LDWF management plan population would not be impacted. afforded by the Act, Louisiana black states that no regulated hunt would be Based on this, we do not have any bears are protected from take (‘‘Take’’ is allowed if it compromises Louisiana evidence to suggest that overutilization defined in Louisiana law at Title black bear sustainability (Davidson et al. is a threat to the Louisiana black bear. 56:8(131): In its different tenses, as the 2015, p. 55). Harvest seasons cannot be attempt or act of hooking, pursuing, set without Louisiana Wildlife and Factor C. Disease or Predation netting, capturing, snaring, trapping, Fisheries Commission approval and a When we listed the Louisiana black shooting, hunting, wounding, or killing public review and comment period. If bear in 1992, we did not consider by any means or device.), possession, approved, the harvest would be disease or predation to be limiting or and trade by State laws throughout its monitored by the LDWF, who would threatening to the Louisiana black bear historical range (Louisiana: Title 56, also reserve the right to revoke tags and/ (57 FR 588). Several diseases and Chapter 8, Part IV. Threatened or or cancel harvest seasons at any time parasites have been reported for black Endangered Species; Mississippi: Title (Davidson et al. 2015, p. 55). bears but are not considered to have 49, Chapter 5—Fish, Game and Bird Scientific Research and Public Safety: significant population impacts (Pelton Protections and Refuges, Nongame Bears are routinely captured and 2003, p. 552). Limited information has Endangered Species Conservation); monitored for scientific and public been collected in the wild on diseases Texas: Title 5. Wildlife and Plant safety purposes. During scientific or parasites of black bears and causes of Conservation, Subtitle B. Hunting and research activities, there is a rare chance cub mortality (LeCount 1987, p. 75). Fishing, Chapter 68. Endangered a bear could be accidentally killed Natural predation has been documented Species). The LDWF will be the sole during the capture process, but these as a result of cannibalism by other bears agency responsible for Louisiana black activities are conducted via State and cub predation by other animals bear management in Louisiana if the permits and closely monitored by the (LeCount 1987, pp. 77–78; Rogers 1987, bear is delisted. The potential removal State agencies to reduce the likelihood p. 54; Pelton 2003, p. 552). Rogers of the Louisiana black bear from of such events. Since listing in 1992, in (1987, pp. 53–54) documented four protection under the Act would not alter Louisiana there have been at least 8 yearling bears that had been eaten or negate State laws or penalties documented mortalities incidental to (including one that had been eaten by protecting the bear. In Louisiana, there research activities (USGS et al. 2014) its mother) but could not determine if are nine laws and regulations

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authorized under Louisiana Title 56 and implement: (1) Continued public HRPA include Big Lake WMA (19,587 Louisiana Title 76 regulating and setting education and outreach; (2) minimizing ac (7,927 ha)), Buckhorn WMA (11,238 violation classes for such things as human–bear conflicts; and (3) bear ac (4,548 ha)), Richard K. Yancy WMA taking, possessing, and feeding harvest as a management action if such (73,433 ac (29,717 ha)), and Grassy Lake (Davidson et al. 2015, pp. 57–59). The actions do not impede sustainability of WMA (13,214 ac (5,348 ha)), Sherburne LDWF Law Enforcement Division (LED) bears (as determined by the ongoing WMA and the adjacent (State-managed) is responsible for enforcing State and population monitoring program as Corps-owned Bayou Des Ourses Area Federal laws relative to fish and wildlife described in the LDWF Black Bear (29,883 ac (12,093 ha)), and Attakapas resources. In fiscal year 2012–2013, the Management Plan (Davidson et al. 2015, Island WMA (26,819 ac (10,854 ha)). LED conducted 226,427 patrol hours on p. 32–33, 55–56). Those areas are managed according to land and made 730,942 contacts with Mississippi: The Mississippi the LDWF Master Plan for Wildlife the public, the majority of whom were Department of Wildlife, Fisheries, and Areas and Refuges (LDWF 2014a). The in compliance with State and Federal Parks will be the agency responsible for vision identified is to build an wildlife and fisheries regulations black bear management in Mississippi if interconnected system of natural areas (LDWF 2014a, p. 2). Agents issued more the bear is delisted. MDWFP developed and open spaces (a green infrastructure) than 20,000 criminal citations and 5,700 a management plan entitled consisting of core areas (e.g., NWRs and warnings during this period, with the ‘‘Conservation and Management of WMAs), and corridors to provide most common related to actions like Black bears in Mississippi’’ in 2006 essential habitat to endangered and fishing without a license, or not abiding (Young 2006). The purpose of that plan threatened species as well as other by rules and regulations on wildlife was to: (1) Serve as a basis for species important to ecosystem function management areas (see Factor E for a information about black bears in (LDWF 2014b, p. 18). Implementation of discussion of documented illegal Mississippi; and (2) outline protocols the strategic plan includes potential poaching). In the last 10 years, the and guidelines for dealing with the land acquisition in support of LDWF enforcement division has continued growth of black bear threatened and endangered species, prosecuted seven black bear cases (M. populations in Mississippi (Young 2006, cooperating with the Service in the Davidson, 2015, LDWF, personal p. 6). That plan covered black bear recovery of listed species, and communication). Operation Game Thief habitat management and restoration restoration of BLH forest habitat (LDWF (OGT) is a non-profit corporation needs, public education, conflict 2014b, p. 16). program that provides cash awards to management, and research needs The MDWFP is responsible for individuals who provided LDWF with (Young 2006, pp. 25–36). administering the many State-owned information regarding a wildlife Texas: The TPWD will be the agency wildlife management areas in violation that result in an arrest. Since responsible for black bear management Mississippi. The WMAs within the its inception in 1984, over 700 violators, in Texas if the bear is delisted. An East MAVU include Leroy Percy WMA convicted of numerous State and Texas Black Bear Conservation and (2,664 ac (1,078 ha)), Shipland WMA Federal charges, have been apprehended Management Plan was developed in (4,269 ac (1,728 ha)), Copiah County as a result of information provided by 2005 (Barker et al. 2005). Its purpose is WMA (6,830 ac (2,764 ha)), and O’Keefe OGT informants (LDWF 2015, http:// to facilitate the conservation and WMA (5,918 ac (2,395 ha)). Those areas www.wlf.louisiana.gov/enforcement/ management of black bears in East are managed according to the MDWFP operation-game-thief). Texas through cooperative efforts. Strategic Plan (MDWFP undated, p. 17) The LDWF Louisiana Black Bear Broadly described components of the and are actively managed to provide for Management Plan (Plan) was finalized plan include: Habitat management and a diversity of wildlife species. The in 2015 (Davidson et al. 2015). The enhancement, public education, conflict management goals are to manage management objective for that Plan is to management, and research needs agency-owned lands for the long-term maintain a sustainable black bear (Barker 2005, pp. 31–41). Louisiana conservation of wildlife habitat and for population in suitable habitat and has black bears currently do not exist in multiple user groups to enjoy diverse the following key requirements: Texas; however, this Plan contains a outdoor recreational opportunities that Sufficient habitat available within framework to improve habitat and are consistent with natural resource dispersal distance, maintaining provide possibilities for future bear management goals. connectivity among subpopulations, conservation in the State. U.S. Fish and Wildlife National and continued monitoring of State-owned Lands: The LDWF is Wildlife Refuges: The NWRs shown in subpopulation demographics (Davidson responsible for administering the many the following table (see Table 10) occur et al. 2015, p. 2). The LDWF identified State-owned wildlife management areas within the Louisiana HRPA and the three bear management actions it will in Louisiana. The WMAs within the Mississippi MAVU.

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The National Wildlife Refuge System pp. 78–79); and St. Catherine Creek opportunity to address wetland, wildlife Improvement Act of 1997 requires that NWR (Service 2006b, p. 58). habitat, soil, water, and related natural every refuge develop a Comprehensive Morganza and Atchafalaya Basins: resource concerns on private lands in an Conservation Plan (CCP) and revise it The lands in the Atchafalaya Basin and environmentally beneficial and cost- every 15 years, as needed. CCPs identify Morganza Floodway are prominent effective manner. The WRP is management actions necessary to fulfill features of the Mississippi River and authorized by 16 U.S.C. 3837 et seq., the purpose for which an NWR was Tributaries flood control project and the implementing regulations are enacted. CCPs allow refuge managers to authorized by the Flood Control Act of found at 7 CFR part 1467. The first and take actions that support State Wildlife May 15, 1928. In 1985, the Corps foremost emphasis of the WRP is to Action Plans, improve the condition of enacted the Atchafalaya Basin protect, restore, and enhance the habitats, and benefit wildlife. The Multipurpose Plan with the purpose to functions and values of wetland current generation of CCPs will focus on protect south Louisiana from ecosystems to attain habitat for individual refuge actions that contribute Mississippi River floods and to retain migratory birds and wetland-dependent to larger, landscape-level goals and restore the unique environmental wildlife, including threatened and identified through the Landscape features and long-term productivity of endangered species. The WRP is Conservation Design process. CCPs the Basin. The purpose of the Morganza administered by the Natural Resources address conservation of fish, wildlife, Floodway is to provide a controlled Conservation Service (NRCS) (in and plant resources and their related floodway to divert Mississippi River agreement with the Farm Service habitats, while providing opportunities flood waters into the Atchafalaya basin Agency) and in consultation with the for compatible wildlife-dependent during major floods on the Mississippi Service and other cooperating agencies recreation uses. River. The Corps has acquired fee title and organizations. The Service An overriding consideration reflected ownership and permanent easements of participates in several ways, including in these plans is that fish and wildlife approximately 600,000 ac (200,000 ha) assisting NRCS with land eligibility conservation has first priority in refuge for perpetual flowage, developmental determinations; providing the biological management, and that public use be control and environmental protection information for determining allowed and encouraged as long as it is rights. The developmental control and environmental benefits; assisting in compatible with, or does not detract environmental protection easement restoration planning such that easement from, the Refuge System mission and prohibits conversion of land from lands achieve maximum wildlife refuge purpose(s). Each NWR within the existing uses (e.g., conversion of benefits and wetland values and Louisiana black bear range addresses forested lands to cropland). Landowners functions; and providing management actions for maintaining may harvest timber only in compliance recommendations regarding the timing, appropriate bear habitat on their lands with specified diameter-limit and duration, and intensity of landowner- as follows: Tensas River NWR (Service species restrictions. The construction or requested compatible uses. 2009a, pp. 77–78); Bayou Teche NWR placement of new, permanently Participating landowners may request (Service 2009b, p. 34); Atchafalaya NWR habitable dwellings or other new other prohibited uses such as haying, (Service 2011, pp. 68–75); Grand Cote structures, including camps, except as grazing, or harvesting timber. When NWR (Service 2006a, p. 54); Upper approved by a Corps real estate camp evaluating compatible uses, the NRCS Ouachita NWR (Service 2008, pp. 85– consent and in accordance with Corps evaluates whether that proposed use is 86); Lake Ophelia NWR (Service 2005a, restrictions, is prohibited on the consistent with the long-term protection pp. 49–50); Bayou Cocodrie NWR easement lands in the Atchafalaya and enhancement of the wetland (Service 2004, p. 40); Hillside, Matthews Basin. resources for which the easement was Brake, Morgan Brake, Panther Swamp, NRCS Administered Permanent established and Federal funds Theodore Roosevelt, and Yazoo NWRs Conservation Easements on Private expended. Requests may be approved if (Service, 2006c, pp. 92–93); Coldwater Lands: The WRP is a voluntary program the NRCS determines that the activity and Tallahatchie NWRs (Service 2005b, that provides eligible landowners the both enhances and protects the

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purposes for which the easement was assessment of these requirements, the Floodway (which is encumbered with a acquired and would not adversely affect termination of an entire WRP easement, Corps flowage easement), the site was habitat for migratory birds and or a reduction in the total acreage of ineligible for most other habitat threatened and endangered species. WRP lands via authorized restoration programs such as WRP. Prior NRCS retains the right to cancel an modifications, appears highly to enrollment into the Partners for Fish approved compatible use authorization improbable. In addition, we have and Wildlife Program, that site was at any time if it is deemed necessary to partnered with NRCS to administer maintained as a marginally productive protect the functions and values of the WRP in Louisiana since the inception of agricultural field. In 2002, through the easement. According to the authorizing that program in 1992. Following a planting of a diverse mixture of over language (16 U.S.C. 3837a(d)), comprehensive review of our local files 36,000 native seedlings, the entire site compatible economic uses, including and a search of national WRP records, was restored to a bottomland hardwood forest management, are permitted if they we have been unable to find a single forest, reducing fragmentation and are consistent with the long-term instance of a WRP easement being providing habitat benefits for a variety protection and enhancement of the terminated in the history of that of species including the Louisiana black wetland resources for which the program (which includes nearly 10,000 bear. easement was established. Should such projects on approximately 2 million ac Clean Water Act Regulations: For the a modification be considered, NRCS (800,000 ha) of land nationwide). first several years following the passage would consult with the Service prior to Food Security Act Regulations: The of the CWA (enacted as the Federal making any changes. Food Security Act of 1985 included Water Pollution Control Act According to the WRP Manual, prior Highly Erodible Land Conservation and Amendments of 1972), the Corps only to making a decision regarding easement Wetland Conservation Compliance (i.e., regulated activities that clearly modification, the Natural Resources ‘‘Swampbuster’’) provisions to deter constituted a deposition of dredge and Conservation Service (NRCS) must: forested wetland loss by withholding fill material in wetlands or other waters (1) Consult with the Service; many Federal farm program benefits of the United States. Subsequently, (2) evaluate any modification request from producers who convert wetland large-scale clearing of BLH wetlands under the National Environmental areas to agricultural purposes. Persons was largely unregulated during this era Policy Act (NEPA); who convert a wetland and make the (Houck 2012, pp. 1495–1503). (3) investigate whether reasonable production of an agricultural In response to the considerable alternatives to the proposed action exist; commodity possible are ineligible for wetland habitat conversion throughout and NRCS program benefits until the the LMRAV, and fueled by the ongoing (4) determine whether the easement functions of that wetland were restored clearing of the Lake Long tract, the modification is appropriate considering or mitigated. According to the NRCS, Avoyelles Sportsmen’s League and the purposes of WRP and the facts those wetland conservation provisions partnering organizations sued the Corps surrounding the request for easement have sharply reduced wetland and EPA for allegedly failing to properly modification or termination. conversion for agricultural uses (http:// enforce Section 404 of the CWA. On Any WRP easement modification, www.nrcs.usda.gov/wps/portal/nrcs/ March 12, 1981, a U.S. District Court must: detailfull/national/programs/ (Western District of Louisiana– (1) Be approved by the Director of the alphabetical/camr/ Alexandria Division) ruled in favor of NRCS in consultation with the Service ?cid=stelprdb1043554). the plaintiffs with a decision that would (the National WRP Program Manager Partners for Fish and Wildlife Act substantially alter the regulatory scope must coordinate the consultation with Regulations: The Partners for Fish and and enforcement authority of the Corps the Service at the national level); Wildlife Act of 2006 provides for the and EPA under the CWA. The decision (2) not adversely affect the wetland restoration, enhancement, and noted: (1) The term ‘‘wetland functions and values for which the management of fish and wildlife vegetation’’ was more broadly defined easement was acquired; habitats on private land through the which would ultimately result in the (3) offset any adverse impacts by Partners for Fish and Wildlife Program, reclassification of many areas that were enrolling and restoring other lands that a program that works with private previously considered non-wetland provide greater wetland functions and landowners to conduct cost-effective (such as the Lake Long tract), and (2) the values at no additional cost to the habitat projects for the benefit of fish Corps’ and EPA’s jurisdiction were government; and wildlife resources in the United expanded beyond the limited scope of (3) result in equal or greater ecological States. This program provides technical dredge and fill regulation to include all (and economic) values to the U.S. and financial assistance to private activities that may result in the Government; landowners for the conduct of voluntary placement or redistribution of earthen (4) further the purposes of the projects to benefit Federal trust species material, such as mechanized land program and address a compelling by promoting habitat improvement, clearing (Avoyelles Sportsmen’s League, public need; and habitat restoration, habitat Inc. v. Alexander, 511 F. Supp. 278, (5) comply with applicable Federal enhancement, and habitat (W.D. La. 1981)). requirements, including the Act, NEPA establishment, as well as technical To summarize, though the CWA was (42 U.S.C. 4321 et seq.), Executive Order assistance to other public and private enacted in 1972, it was a full decade 11990 (Protection of Wetlands), and entities regarding fish and wildlife later before the authority and associated related requirements. habitat restoration on private lands. protection that it affords to forested The WRP manual states that ‘‘NRCS Numerous projects providing direct wetlands was legally recognized. In the will not terminate any of its easements, habitat benefits for the Louisiana black interim, and in the decade prior, the except for a partial termination that may bear have been accomplished via the BLH forests of the LMRAV were be authorized as part of an easement Partners for Fish and Wildlife Program. decimated (Creasman et al. 1992; modification request. . .in which One such example involves a 120-acre Haynes 2004, pp. 170, 172) ultimately additional land will be enrolled in the site within Louisiana black bear constituting the primary threat that program in exchange for the partial breeding and critical habitat. Because it warranted the listing of the Louisiana termination.’’ Therefore, based on our is also located within the Morganza black bear (Service 1992, p. 592). After

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the new legal protection of forested project, in complying with those coupled with typical compensatory wetlands defined via the Avoyelles mitigation requirements. The design and mitigation ratios, outweighs any loss Sportsmen’s League rulings on CWA implementation of compensatory resulting from individual development authority, the trajectory of BLH forest wetland mitigation projects (particularly projects. loss in the LMRAV was reversed. wetland mitigation banks) are Our analysis of impacts and Available data regarding the extent of accomplished through a coordinated mitigation associated with the Corps’ forested wetlands in the LMRAV (e.g. effort among the Corps, the Service, and wetland regulatory program suggests image classification of digital other State and Federal environmental that substantially more forested habitat orthophoto quarter quadrangles resource management agencies, and are is restored through compensatory [DOQQs], analysis of NLCD data, and individually authorized by a mitigation wetland mitigation than is eliminated government agency records for forested banking instrument (MBI). With a high via permitted wetland development habitat restoration in the LMRAV [via degree of specificity, MBIs mandate projects (Table 11). That analysis was programs such as WRP, CRP, and restoration practices, contingencies and wetland mitigation banking (see below)] remedial actions, long-term monitoring conducted over a 5-year period clearly demonstrate that trend reversal and maintenance, adherence to spanning July 1, 2009 through July 31, and suggest that the long-term performance standards, financial 2014. According to personnel within the protection of forested wetlands (largely assurances, and the establishment of Corps wetland regulatory program, a absent prior to the Avoyelles perpetual conservation servitudes. standardized electronic database to Sportsmen’s League rulings of the early Without exception, wetland mitigation track permitted projects was not 1980s) are now being realized (See banks are restored and managed with developed until 2004, and was not discussion under Factor A above). the intent of providing the full array of reliably used by permit analysts until Mitigation banking has been an wetland functions and values (such as 2009. Therefore, there is no reliable additional factor responsible for providing habitat for a multitude of database for which to query such alleviating wetland losses associated wildlife species, which typically records prior to that time. It should also with the Corps’ wetland regulatory includes the Louisiana black bear). be noted that the corresponding table program. Persons obtaining a wetland For permitted projects that would displays permitted wetland losses and development permit from the Corps impact Louisiana black bear habitat, the approved wetland mitigation banks that (pursuant to Section 404 of the CWA Service routinely requests that any would be available to offset those losses. and/or Section 10 of the Rivers and associated wetland mitigation project We were unable to obtain the baseline Harbors Act) that authorizes impacts to (or wetland mitigation bank option) be data necessary to calculate a loss-to-gain waters of the United States, including sited in a location, and conducted in a wetland habitat ratio. However, wetlands, are typically required to manner, that would result in the personnel within the Corp’s wetland compensate for wetland losses in a restoration of suitable Louisiana black regulatory program evaluated their manner that ensures project bear habitat including all of the various records for specific mitigation implementation would result in no net functions that would be potentially requirements associated with each loss of wetlands. Mitigation banks are impacted by the corresponding permitted activity and estimated that intended to provide a mechanism to development project (e.g., travel the ratio of wetland habitat gains from assist permit applicants, who may be corridors or breeding habitat). The compensatory mitigation to wetland unable or unwilling to implement an quality/functionality of habitat restored habitat losses attributed to permitted individual compensatory mitigation through such conservation efforts, projects is 6:1 (Stewart 2014).

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The results of our GIS landscape extent of forested habitat further Endangered Species Conservation); analysis indicate that the recent (post validate the assertion that existing Texas: Title 5. Wildlife and Plant 1990) positive trends in forested habitat environmental regulatory mechanisms Conservation, Subtitle B. Hunting and extent within the LMRAV (as and conservation measures are Fishing, Chapter 68. Endangered documented above) have also been sufficient for the Louisiana black bear. Species). realized within our more focused HRPA. We do not have any other data Regulatory mechanisms that currently Regardless of our methodology (1-meter indicating that current regulatory protect Louisiana black bear habitat DOQQ analysis or 30-meter NLCD mechanisms are inadequate to provide through conservation easements or analysis), the analyses yielded similar long-term protection of the Louisiana ownership by State and Federal results. There has been a significant gain black bear and its habitat. Accordingly, agencies will remain in place (e.g., WRP in the acreage of potential Louisiana we conclude that existing regulatory tracts, WMAs, NWRs, FmHAs, and black bear habitat within the HRPA mechanisms are adequate to address the Corps easements in the Atchafalaya and since the 1992 listing of the Louisiana threats to the Louisiana black bear Morganza Floodways). Forested black bear (Tables 7 and 8). Our review posed by the other listing factors, wetlands throughout the range of the of available literature and research, in especially habitat loss. Louisiana black bear habitat that are not conjunction with our own analyses, Summary of Factor D: Louisiana black publicly owned or encumbered by suggest that those gains are the result of bears are currently, and will continue to conservation easements will continue to both voluntary private land restoration be, protected from taking, possession, receive protection through Section 404 programs (mainly CRP and WRP) and and trade by State laws throughout their of the CWA and the ‘‘Swampbuster’’ wetland regulatory mechanisms historical range (Louisiana: Title 56, provisions of the Food Security Act of (primarily Section 404 of the CWA). Chapter 8, Part IV. Threatened or 1985. Forested habitat trends in the The documented trends in Louisiana Endangered Species; Mississippi: Title LMRAV indicate that those regulations black bear population growth, 49, Chapter 5—Fish, Game and Bird have provided adequate long-term population viability, and increase in the Protections and Refuges, Nongame protection of Louisiana black bear

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habitat since the listing of the Louisiana Louisiana black bear subpopulations The listing rule for the Louisiana black bear in 1992. Specifically, the and the WRB subpopulation and black bear (57 FR 588) identified illegal trajectory of BLH forest loss in the Minnesota bears is not sufficient kill as a potential threat to this species LMRAV has not only improved, but has evidence for determining taxonomic that could not be ruled out until better been reversed with substantial gains in status (Laufenberg and Clark 2014, p. data could be obtained. The majority of forested habitat being realized within 85). Thus, while recent genetic analyses illegal kills have been the result of both the LMRAV and the more results did indicate the existence of direct poaching; however, there have restrictive HRPA. Therefore, we find some effects of the Minnesota been 3 documented mortalities that existing regulatory mechanisms are reintroductions (as postulated at listing), incidental to the use of snares in adequate to address the threats to the those effects do not seem to be great Louisiana for nuisance animal control Louisiana black bear posed by the other enough to pose a significant threat to (Davidson, M. 2015, LDWF, personal listing factors. this subspecies’ genetic integrity by communication). Since 1992, there have Factor E. Other Natural or Manmade hybridization as speculated at listing. In been 32 documented illegal bear killings Factors Affecting Its Continued fact, genetic exchange that is occurring in Louisiana (Davidson et al. 2015, p. Existence among bears from Louisiana, 15) and 9 documented in Mississippi Mississippi, and Arkansas can be (Rummel 2015, personal When we listed the Louisiana black considered a positive genetic and communication). If all other bear, the Service discussed what at the demographic contibution to the documented deaths of unknown causes time appeared to be a threat from Louisiana black bear (Laufenberg and are assumed to be the result of illegal hybridization resulting from the Clark 2014, p. 85) (see the Distribution taking, a total of 75 bears have been introduction of bears from Minnesota and Taxonomy discussion of the documented as killed since listing (57 CFR part 588). We noted that the Species Information Section). (USGS et al. 2014). Taken altogether, threat from hybridization at the Davidson et al. (2015, p. 15) described since Federal listing, approximately 300 subspecies level might not be a cause for the Louisiana black bear as susceptible individual Louisiana black bears are significant concern and acknowledged to drowning, maternal abandonment of known to have been killed as a result of that the subpopulations in the TRB and cubs, and climbing accidents; but the anthropogenic conflicts in Louisiana UARB were possibly intraspecifically remaining leading cause of black bear (USGS et al. 2014), and in Mississippi, hybridized and mostly unchanged mortalities is human-related (Pelton 22 bears have been reported killed (genetically) because of the low 2003, p. 552; Simek et al. 2012, p. 164; (Rummel 2015, personal probablitity of reproductive isolation communication), or approximately 13 since they were relatively close Laufenberg and Clark 2014, p. 76). bears per year have succumbed to geographically. Reproductive isolation Increased movement during food anthropogenic causes of mortality since is required for an extended period for shortages substantially increases their 1992 in Louisiana (Davidson et al. 2015, the evolutionary process of chances for human encounters and p. 16) and approximately 1 bear per year differentiation to operate (57 CFR part human-related mortality (Rogers 1987, in Mississippi (Rummel 2015, personal 588). At that time, genetic investigations p. 436; Pelton 2003, p. 549). These communication). did not identify real differences in mortality rates are suspected to be subpopulations and the Service noted greater for yearling and subadult black Hurricanes and tropical storms can that, to the extent a pure genetic bear males dispersing from the family affect forested habitat throughout the heritage is a realistic concept when unit, and are probably the result of LMARV. The potential effects of any applied to a subspecies not likely to be starvation, accidents (e.g., vehicular tropical storm event will depend on reproductively isolated, the threat may collisions), and poaching. where it makes landfall and what area have existed. Subsequent studies have Since listing in 1992, at least 246 is receiving the brunt of the wind and revealed differing results on the extent black bears have been killed in force of the cyclone. They can also have of hybridization. The most recent vehicular collisions in Louisiana (USGS additional negative effects to the LARB unified analyses of genetic data by et al. 2014) and 11 bears killed in subpopulation due to its proximity to Laufenberg and Clark (2014, pp. 50–58) Mississippi (Rummel 2015, personal the coast; however, they are deemed to found varying levels of genetic structure communication) making this the leading be a low magnitude because of the among pairs of subpopulations and known cause of death for Louisiana Louisiana black bear’s ability to quickly identified five genetically distinct black bears (Davidson et al. 2015, p. 15). adapt and move while using a variety of groups (Laufenberg and Clark 2014, p. In spite of these numbers, black bear habitats. Murrow and Clark (2012) 60) and an affinity between Minnesota populations have increased over this studied the impacts of Hurricanes and UARB subpopulations (Laufenberg same time period. Black bear population Katrina and Rita on habitat of the LARB and Clark 2014, p. 84). growth in conjunction with urban subpopulation. They did not detect in The analyses concluded that expansion and habitat fragmentation has their research any significant direct differentiation between the Louisiana resulted in the increased availability of impacts to forested habitat. For black bear subpopulations within the anthropogenic foods sources (Davidson example, suitable bear habitat was LMRAV can be explained as the result et al. 2015, p. 15). Conflict management found to have decreased only by 0.9 of restricted gene flow, accelerated of black bears exhibiting nuisance percent (from 348 to 345 square genetic drift, and differing levels of behavior can result in mortality and, in kilometers (km2)) within the occupied genetic introgression as a result of the the rare case where a bear cannot be left study area and only 1.4 percent (from Minnesota introductions (Laufenberg in the wild (as a result of nuisance 34,383 to 33,891 km2) in the and Clark 2014, p. 84). The results also behavior resulting in a demonstrable unoccupied study area following the show some interchange of Louisiana threat to human safety), it may be hurricanes. The analysis showed that black bear subpopulations with captured and placed into permanent bear habitat was not significantly Arkansas populations and found captivity by management agencies or degraded by the hurricanes and the affinities to the WRB subpopulation and humanely euthanized. LDWF personnel effects of wind and storm surge that Minnesota bears. The level of genetic have euthanized 15 black bear since came with them. Hurricane Katrina affinity or differentiation between the 1992 (Davidson et al. 2015, p. 15). represents the highest recorded storm

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surge in the Southeast. If hurricane a comparison to the Louisiana black storm surge data, geology, elevation, events occur during the seven year PDM bear’s capability to use many habitat soils, vegetation, predicted subsidence/ monitoring period, we will assist our types, American black bears (in the sea level rise, and boundaries of existing State partners in monitoring the other portions of the United States and coastal programs (LDNR–OCM 2010, pp. possible effects of these hurricanes (e.g., Canada) are known to inhabit vast 54–60). Based on the current sea level vegetation changes from flooding, mountainous areas, coastal plains, rise estimates (http://tidesandcurrents. introduction of toxic chemicals, or chaparral and pinyon-juniper noaa.gov/sltrends/sltrends.shtml), we water quality changes). woodlands (Pinus spp., Juniperus spp.), do not anticipate a complete and The Intergovernmental Panel on oak-hickory forests (Quercus spp., Carya persistent inundation of the coastal zone Climate Change (IPCC) concluded that spp.), upland and bottomland hardwood of Louisiana within the next 100 years. warming of the climate system is forests, redwood-sitka spruce-hemlock Any such sea level rise impacts are unequivocal (IPCC 2014, p. 3). The more woodlands (Sequoia sempervirens— likely to be ameliorated to some extent extreme impacts from recent climate Picea sitchensis-Tsuga spp.), and by the projected successional changes in change include heat waves, droughts, ponderosa pine forests (Pinus the Atchafalaya Basin that would accelerated snow and ice melt including ponderosa), to name only a few (Pelton eventually convert many of its swamps permafrost warming and thawing, 2003, pp. 549–550). There is a vast array to BLH forest, thus improving the floods, cyclones, wildfires, and of habitats and associated food sources suitability of that habitat for the widespread changes in precipitation available for black bears throughout Louisiana black bear (e.g., facilitating its amounts (IPCC 2014, pp. 4, 6). Due to their current range, and bears have dispersal to higher elevation habitats if projected climate-change associated sea demonstrated adaptability and mobility necessary for survival). level rise, coastal systems and low-lying in finding such areas. Therefore, it is The Service estimated that more than areas will increasingly experience highly unlikely that currently predicted 35,000 ac (14,000 ha) of lakes and adverse impacts such as submergence, climate change scenarios would impact cypress-tupelo swamps would convert coastal flooding, and coastal erosion black bear habitat to the extent that the to higher elevation forests within the (IPCC 2014, p. 17). In response to Louisiana black bear would be unable to ARB by the year 2030 (LeBlanc et al. ongoing climate change, many locate suitable habitats (in both quality 1981, p. 65). This prediction is terrestrial, freshwater, and marine and quantity) to maintain a viable supported by studies documenting species have shifted their geographic population for the foreseeable future. increased sedimentation within the ranges, seasonal activities, and The Louisiana black bear is capable of Basin (Hupp et al. 2008, p. 139). migration patterns (IPCC 2014, p. 4). efficiently traversing the landscape, and Sedimentation increases elevation, and Species that are dependent on individual bears incorporate relatively areas that were once wet will be specialized habitat types or are limited large expanses of habitat within their naturally colonized with vegetation that in distribution will be most susceptible respective home ranges (which varies will ultimately result in upland forests to future impacts of climate change. based on gender and subpopulation). (Hupp et al. 2008, p. 127) that are more Many species will be unable to relocate Home ranges vary from approximately suitable for bear foraging and habitation. rapidly enough to keep up with their 1,000 ac [400 ha] to 84,000 ac [34,000 Even if the most conservative models climate niche under mid- and high- ha] (Beausoleil 1999, p. 60; Wagner were exceeded and the entire coastal range rates of climate change. The 1995, p. 12). Numerous long-distance zone of Louisiana were subject to climate velocity (the rate of movement movements of the Louisiana black bear permanent inundation in the future of the climate across the landscape) will have been confirmed, and there is (prior to projected habitat changes in the exceed the maximum velocity at which documented evidence of dispersal Atchafalaya Basin), only a relatively many groups of organisms, in many throughout most of their current range small proportion of Louisiana black situations, can disperse or migrate, (Figure 1, Davidson et al. 2015, p. 24). bears and their habitat would be under certain climate scenarios. In the event habitat is lost due to affected. Specifically, more than 80 Populations of species that cannot climate change effects (such as extreme percent of the Louisiana black bear migrate at effective speeds will find flooding or drought), Louisiana black HRPA, more than 90 percent of themselves in unfavorable climates, bears have demonstrated the ability not Louisiana black bear breeding habitat, unable to reach areas of potentially only to move at a relatively rapid pace 85 percent of Louisiana black bear suitable climate. Species with low to more suitable areas, but also to adapt critical habitat, and 70 percent of the dispersal capacity (such as plants, to a wide range of potential habitats and Louisiana black bear population occur amphibians, and some small mammals) food sources. outside of the Louisiana Coastal Zone. could be especially vulnerable (IPCC Habitat supporting the LARB A specific illustration of the resilience 2014, p. 275). subpopulation (population range from of the Louisiana black bear to survive Biological and historical evidence 136 to 194 adult bears (Laufenberg and and adapt to extreme climatic events suggests that the Louisiana black bear is Clark 2014, p. 45)) of the Louisiana occurred during the recent operation of well-adapted to endure the predicted black bear is more vulnerable to the the Morganza Floodway. The UARB effects of climate change throughout its impacts of global climate change than subpopulation occupies a 175-square- range. As stated above, Louisiana black other subpopulations due to its mile (453-square-km) area within and bears inhabit more than 1.4 million ac occurrence within low-elevation coastal adjacent to the Morganza Floodway. (approximately 576,000 ha) of habitat in habitats that are susceptible to flooding Much of the area inhabited by the UARB all or portions of 21 Louisiana parishes from extreme rainfall events, significant subpopulation is subject to extreme and 6 Mississippi counties. It is a tidal surges (including those associated flooding, especially when Mississippi generalist that uses a variety of habitat with tropical weather systems), and River stages rise to levels that warrant types within and adjacent to the riverine flooding. That subpopulation the Corps’ operation of the Morganza LMRAV, including forested wetlands, occurs entirely within the Louisiana Floodway (which has only occurred scrub-shrub, marsh, spoil banks, and Coastal Zone which was delineated by twice, in 1973 and 2011). The 2011 upland forests (including upland the Louisiana Department of Natural operation of the Morganza Flood hardwoods and mixed pine-hardwood Resources–Office of Coastal Control Structure coincidentally forests). On a larger scale and to make Management (LDNR–OCM) based on occurred during an ongoing 6-year

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Louisiana black bear genetics and change are not threats based on the partners and States will continue past population dynamics study that species’ adaptability, mobility, and delisting to implement programs and included both radio telemetry and mark- demonstrated resiliency in regard to conservation actions (e.g., habitat recapture (via hair snares and genetics extreme climatic events. Based on all restoration, protection and management) analyses) methods within and adjacent these factors, we find that there are no that will directly and indirectly to the Morganza Floodway (O’Connell et other natural or manmade factors that contribute to the conservation of the al. 2014, pp. 479–482). Approximately are threats to the Louisiana black bear. Louisiana black bear across its range. 60 percent of the breeding habitat that Conclusion of the 5-Factor Analysis Significant Portion of the Range supports the UARB subpopulation was Analysis covered in floodwaters ranging in depth Under section 3 of the Act, a species from approximately 10 to 20 feet (3 to is endangered if it is ‘‘in danger of Under the Act and our implementing 6 meters; O’Connell et al. 2014, p. 477). extinction throughout all or a significant regulations, a species may warrant Study results indicate that most bears portion of its range’’ and threatened if listing if it is in danger of extinction or (88.7 percent) maintained residence it is ‘‘likely to become endangered in the likely to become so throughout all or a within the Morganza Floodway foreseeable future throughout all or a significant portion of its range. Having (presumably in the remaining 40 significant portion of its range.’’ We determined that the Louisiana black percent of available habitat that was less have carefully assessed the best bear is not endangered or threatened severely flooded) throughout the 56-day scientific and commercial information throughout all of its range, we next operational period of the Morganza available regarding the threats faced by consider whether there are any Flood Control Structure (O’Connell et the Louisiana black bear in developing significant portions of its range in which al. 2014, p. 482). A small number of this proposed rule. Research has the Louisiana black bear is in danger of bears did temporarily disperse to higher documented that the four main extinction or likely to become so. We elevation forests, but most returned to Louisiana subpopulations (TRB, TRC, published a final policy interpreting the their original home ranges following UARB, and LARB) are stable or phrase ‘‘Significant Portion of its floodwater recession. The study increasing (Hooker 2010, O’Connell Range’’ (SPR) (79 FR 37578; July 1, concluded that the 2011 operation of the 2013, Troxler 2013, Laufenberg and 2014). The final policy states that (1) if Morganza Flood Control Structure had Clark 2014, entire documents a species is found to be endangered or ‘‘no negative biological effects’’ on adult respectively). Emigration and threatened throughout a significant immigration (i.e., gene flow) has been portion of its range, the entire species is Louisiana black bears within the UARB documented among several of the listed as endangered or threatened, subpopulation (O’Connell et al. 2014, p. Louisiana and Mississippi respectively, and the Act’s protections 483). Based on their adaptability, subpopulations (Laufenberg and Clark apply to all individuals of the species mobility, and demonstrated resiliency, 2014, pp. 91–94). Overall, the Louisiana wherever found; (2) a portion of the and the lack of evidence suggesting that black bear metapopulation (TRB, UARB, range of a species is ‘‘significant’’ if the previous and ongoing climate change and TRC) has an estimated probability species is not currently endangered or has had any adverse impact on the of long-term persistence (more than 100 threatened throughout all of its range, Louisiana black bear or its habitats, we years) of 0.996 under even the most but the portion’s contribution to the conclude that climate change is not a conservative scenario (Laufenberg and viability of the species is so important threat to the Louisiana black bear now Clark 2014, p. 82). The areas supporting that, without the members in that or within the foreseeable future. Louisiana black bear breeding portion, the species would be in danger Summary of Factor E: Based on recent subpopulations have also increased over of extinction, or likely to become so in genetic analyses, the effects of 430 percent, for a total of 1,806,556 ac the foreseeable future, throughout all of Minnesota bear reintroductions, while (731,087 ha) (Table 1). Based on the its range; (3) the range of a species is evident to some extent in the UARB analysis in this rule and given the considered to be the general subpopulation do not represent a threat reduction in some threats and evidence geographical area within which that to the Louisiana black bear. Other that other factors are not threats, we species can be found at the time the potential threats such as anthropogenic conclude that the Louisiana black bear Service makes any particular status sources of mortality (e.g., poaching, is not in danger of extinction throughout determination; and (4) if a vertebrate vehicle strikes, and nuisance bear all of its range or likely to become species is endangered or threatened management) and potential effects of endangered within the foreseeable throughout a significant portion of its hurricanes or climate change do not future throughout all of its range. With range, and the population in that represent significant threats to the the detailed monitoring and significant portion is a valid Distinct Louisiana black bear. In spite of ongoing management actions described in our Population Segment (DPS), we will list mortality from those anthropogenic PDM plan (see Post-Delisting the DPS rather than the entire sources, recent research concludes that Monitoring section) and the referenced taxonomic species or subspecies. the Louisiana black bear within the Louisiana Black Bear Management Plan, The procedure for analyzing whether Tensas and Upper Atchafalaya River we believe that if this rule is finalized, any portion is a SPR is similar, Basins [specifically the metapopulation the Louisiana black bear regardless of the type of status composed of the TRB, UARB, and TRC metapopulation will continue to remain determination we are making. The first subpopulations] has an overall viable for at least the next century step in our analysis of the status of a probability of persistence in the wild for (Laufenberg and Clark 2014, entire species is to determine its status the next 100 years in spite of any document). As the PDM plan is throughout all of its range. If we random demographic, genetic, implemented, we will monitor determine that the species is in danger environmental, or natural catastrophic subpopulations and threat levels to of extinction, or likely to become effects, of approximately 100 percent ensure that no triggers are reached that endangered in the foreseeable future, (0.996; Laufenberg and Clark 2014, p. 2) would require instituting ESA throughout all of its range, we list the and population numbers in the LARB protection for this bear. In addition, if species as an endangered species or subpopulation have nearly doubled this rule is finalized and the bear is threatened species and no SPR analysis since listing. The effects of climate ultimately delisted, the Service, other will be required. If the species is neither

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in danger of extinction nor likely to could be considered a significant 93); however, reports of bear live- become so throughout all of its range, as portion of its range. One way to identify captures, known natal dens, and we have found here, we next determine portions for further analyses is to confirmed sightings indicate bears can whether the species is in danger of identify any natural divisions within the and do move out (at least temporarily) extinction or likely to become so range that might be of biological or of this subpopulation (Figure 1, throughout a significant portion of its conservation importance. While there is Davidson et al. 2015, p. 24). Dispersal range. If it is, we will continue to list the some minor variability in the habitats by male bears of more than 100 miles by species as an endangered species or occupied by the Louisiana black bear males is not unusual and combined threatened species, respectively; if it is across its range, the basic ecological with the documented occurrences of not, we conclude that listing the species components required for the species to bears (likely males) on the higher is no longer warranted. complete its life cycle (e.g., BLH or portions (levees and ridges) of the When we conduct an SPR analysis, upland forest habitat having a high Atchafalaya Basin spanning the area we first identify any portions of the species and age class diversity that between the UARB and LARB species’ range that warrant further provides for hard and soft mast subpopulations, movement of consideration. The range of a species supplies, denning sites, and escape individuals among other subpopulations can theoretically be divided into cover) are present throughout the cannot be ruled out. Increased portions in an infinite number of ways. habitats occupied by this species. No sedimentation is occurring in the However, there is no purpose in specific location within the current interconnecting habitat in the analyzing portions of the range that range of the species provides a unique Atchafalaya Basin (Hupp et al. 2008, p. have no reasonable potential to be or biologically significant function that 139) as predicted by LeBlanc et al. significant or in analyzing portions of is not found in other portions of the (1981, p. 65). The increase in the range in which there is no range. sedimentation is resulting in higher reasonable potential for the species to be We next examined whether any elevations within the Basin that will endangered or threatened. To identify threats are geographically concentrated produce suitable bear habitat (e.g., less only those portions that warrant further in some way that would indicate the wet and more food sources). consideration, we determine whether Louisiana black bear would be in danger Additionally, range expansion by substantial information indicates that: of extinction, or likely to become so in bears from the northern subpopulations (1) The portions may be ‘‘significant’’ that area. In Louisiana, both the would take advantage of the improved and (2) the species may be in danger of Louisiana and Mississippi black bear Atchafalaya Basin habitats. At the extinction there or likely to become so breeding populations occur in the current time, the LARB subpopulation is within the foreseeable future. LMRAV. These subpopulations make up stable to increasing, although we did not Depending on the biology of the species, the majority of the overall Louisiana have data to determine its long-term its range, and the threats it faces, it black bear bear population and all face viability. The LARB has been might be more efficient for us to address the same type of potential threats— characterized by some, based on its the significance question first or the primarily habitat conversion. We have genetic uniqueness, as more status question first. Thus, if we already discussed that trends in that representative of the Louisiana black determine that a portion of the range is threat have been significantly reduced bear and thus should be given special not ‘‘significant,’’ we do not need to and in some cases reversed (see Factors consideration for its integrity (Triant et determine whether the species is A and D). Estimates of long-term al. 2003, p. 647). However, Csiki et al. endangered or threatened there; if we viability of the TRB and the UARB (2003, p. 699) suggested that the determine that the species is not subpopulations were greater than 95 distinctness of the Louisiana black bear endangered or threatened in a portion of percent except for the two most was the result of a genetic bottleneck its range, we do not need to determine conservative models for the UARB rather than a true genetic difference. if that portion is ‘‘significant.’’ In (long-term viability estimates of 85 Since 2003, our understanding of practice, a key part of the determination percent and 92 percent). genetic markers has improved. Studies that a species is in danger of extinction Through our review of potential by Troxler (2013) and Laufenberg and in a significant portion of its range is threats we identified the LARB Clark (2014) reached similar whether the threats are geographically subpopulation as one that that may be conclusions (e.g., that distinctness is concentrated in some way. If the threats at greater risk of extinction due to its likely due to isolation resulting in to the species are affecting it uniformly additional threats from future restricted gene flow and genetic drift) as throughout its range, no portion is likely anticipated development and sea level Csiki et al. (2003) concluded. to have a greater risk of extinction, and rise. We thus considered whether this Habitat supporting the LARB thus would not warrant further subpopulation may warrant further subpopulation (population range from consideration. Moreover, if any consideration as a significant portion of 136 to 194 adult bears (Laufenberg and concentration of threats apply only to the Louisiana black bear range. The Clark 2014, p. 45)) of the Louisiana portions of the range that clearly do not LARB is located within the coastal area black bear is more vulnerable to one of meet the biologically based definition of of Louisiana in St. Mary, Iberia, and the particular effects of global climate ‘‘significant’’ (i.e., the loss of that Vermillion Parishes in forested habitat change, the long term threat of sea level portion clearly would not be expected to similar to other Louisiana black bear rise, than other subpopulations due to increase the vulnerability to extinction subpopulations. That subpopulation is its occurrence within low-elevation of the entire species), those portions separated from the other subpopulations coastal habitats. However, as discussed would not warrant further and the habitat between them within the above, in the event of coastal bear consideration. Basin is believed to be too wet currently habitat loss due to climate change Applying the process described to support breeding females, although effects, bears have demonstrated the above, we have already determined that bears have been observed along the ability to adapt and move to more the species is no longer endangered or higher areas on both sides of the Basin. suitable areas and would likely move threatened throughout its range. We The probability of interchange between into suitable areas. Additionally, any next evaluated the range of this the LARB and the other subpopulations long-term threat of sea level rise would subspecies to determine if any areas is low (Laufenberg and Clark 2014, p. likely be ameliorated to some extent by

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the projected successional changes in action authorized, funded, or carried out americanus luteolus) (Service 2015). the Atchafalaya Basin that would by them is not likely to jeopardize the This plan is designed to detect eventually convert many of its swamps bear’s continued existence. The significant declines in Louisiana black to BLH forest, thus improving the prohibitions under section 9(a)(1) of the bear populations with reasonable suitability of that habitat for the Act would no longer make it illegal for certainty and precision. The draft Plan: Louisiana black bear. It is unlikely that any person subject to the jurisdiction of (1) Summarizes the species’ status at such changes would cause the loss of the United States to import or export, the time of delisting; this subpopulation or appreciably transport in interstate or foreign (2) Defines thresholds or triggers for reduce the long-term viability of the commerce, or take, possess, sell, deliver, potential monitoring outcomes and Louisiana black bear. carry, transport, or ship Louisiana black conclusions; We also evaluated whether the other bears. Finally, this rule would also (3) Lays out frequency and duration of occurrences that we cannot currently remove the Federal regulations related monitoring; consider self-sustaining in Mississippi to the Louisiana black bear listing: The (4) Articulates monitoring methods and northern Louisiana could be special rule provisions at 50 CFR including sampling considerations; considered a significant portion of the 17.40(i) and the critical habitat (5) Outlines data compilation and species’ range. However, those designation at 50 CFR 17.95(a). reporting procedures and subpopulations have formed as the responsibilities; and result of emigration from nearby Post-Delisting Monitoring (6) Proposes a PDM implementation subpopulations. Therefore, based on Section 4(g)(1) of the Act requires us schedule including timing and examination of information on the to implement a system in cooperation responsible parties. biology and life history of the Louisiana with the States to monitor effectively, Concurrent with this proposed black bear, we determined that there are for not less than 5 years the status of all delisting rule, we announce the draft no separate areas of the range that are species that have recovered and been plan’s availability for public review. significantly different from others or removed from the Federal List of The draft PDM plan can be viewed in its that are likely to be of greater biological Endangered and Threatened Wildlife entirety at: http://www.fws.gov/ or conservation importance than any and Plants (List). Section 4(g)(2) of the lafayette/ or at http:// other areas. Act directs us to make prompt use of its www.regulations.gov under Docket In conclusion, we have determined emergency listing authorities under Number FWS–R4–ES–2015–0014. that none of the existing or potential section (4)(b)(7) to prevent significant Copies can also be obtained from the threats, either alone or in combination risk to the well-being of any recovered U.S. Fish and Wildlife Service, with others, are likely to cause the species. PDM refers to activities Louisiana Ecological Services Field Louisiana black bear to be in danger of undertaken to verify that a species Office, Lafayette, Louisiana (see FOR extinction throughout all or a significant delisted due to recovery remains secure FURTHER INFORMATION CONTACT section). portion of its range, nor is it likely to from the risk of extinction after the We seek information, data, and become endangered within the protections of the Act no longer apply. comments from the public regarding the foreseeable future throughout all or a The primary goal of PDM is to ensure Louisiana black bear and the PDM significant portion of its range. On the that the species’ status does not strategy. We are also seeking peer basis of this evaluation, we conclude the deteriorate, and if a decline is detected, review of this draft plan concurrently Louisiana black bear no longer requires to take measures to halt the decline so with this comment period. We the protection of the Act, and propose that proposing it as threatened or anticipate finalizing this plan, to remove the Louisiana black bear from endangered is not again needed. If at considering all public and peer review the Federal List of Endangered and any time during the monitoring period, comments, prior to making a final Threatened Wildlife (50 CFR 17.11(h)). data indicate that protective status determination on the proposed delisting under the Act should be reinstated, we rule. Effects of This Proposed Rule can initiate listing procedures, Peer Review This rule, if finalized, would revise 50 including, if appropriate, emergency CFR 17.11(h) to remove Louisiana black listing. At the conclusion of the In accordance with our policy bear from the List of Endangered and monitoring period, we will review all published in the Federal Register on Threatened Wildlife. In addition, the available information to determine if July 1, 1994 (59 FR 34270), and the rule would revise § 17.11(h) to remove relisting, the continuation of OMB’s Final Information Quality similarity of appearance protections for monitoring, or the termination of Bulletin for Peer Review, dated the American black bear, which are in monitoring is appropriate. December 16, 2004, we will solicit the effect within the historical range of the Section 4(g) of the Act explicitly expert opinions of at least three Louisiana black bear. This designation requires that we cooperate with the appropriate and independent specialists is assigned for law enforcement States in development and regarding the science in this proposed purposes to an unlisted species that so implementation of PDM programs. rule and the draft PDM plan. The closely resembles the listed species that However, we remain ultimately purpose of such review is to ensure that its taking represented an additional responsible for compliance with section we base our decisions on scientifically threat to the Louisiana black bear at the 4(g) and, therefore, must remain actively sound data, assumptions, and analyses. time of listing. With the delisting of the engaged in all phases of PDM. We also We will send peer reviewers copies of Louisiana black bear, such a designation seek active participation of other this proposed rule and the draft PDM would no longer be necessary. entities that are expected to assume plan immediately following publication If this proposed rule is finalized, the responsibilities for the species’ of this proposed rule in the Federal prohibitions and conservation measures conservation after delisting. In August Register. We will invite peer reviewers provided by the Act would no longer 2013, LDWF and the Service agreed to to comment, during the public comment apply to the Louisiana black bear. be cooperators in the PDM of the period, on the specific assumptions and Federal agencies would no longer be Louisiana black bear. conclusions regarding the proposed required to consult with us under We have prepared a Draft PDM Plan delisting rule and draft PDM plan. We section 7 of the Act to ensure that any for the Louisiana black bear (Ursus will summarize the opinions of these

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reviewers in the final decision requirements on state or local Office (see FOR FURTHER INFORMATION documents, and we will consider their governments, individuals, businesses, or CONTACT section). input and any additional information organizations. We may not conduct or List of Subjects in 50 CFR Part 17 we receive as part of our process of sponsor, and a person is not required to making a final decision on this proposal respond to, a collection of information Endangered and threatened species, and the draft PDM plan. Such unless it displays a currently valid OMB Exports, Imports, Reporting and communication may lead to a final control number. recordkeeping requirements, decision that differs from this proposal. National Environmental Policy Act Transportation. Clarity of This Proposed Rule We have determined that we do not Proposed Regulation Promulgation We are required by Executive Orders need to prepare an Environmental 12866 and 12988 and by the Assessment or Environmental Impact Accordingly, we propose to amend Presidential Memorandum of June 1, Statement, as defined in the National part 17, subchapter B of chapter I, title 1998, to write all rules in plain Environmental Policy Act of 1969 (42 50 of the Code of Federal Regulations, language. This means that each rule we U.S.C. 4321 et seq.), in connection with as set forth below: publish must: regulations adopted pursuant to section PART 17—[AMENDED] (a) Be logically organized; 4(a) of the Endangered Species Act. We (b) Use the active voice to address published a notice outlining our reasons readers directly; for this determination in the Federal ■ 1. The authority citation for part 17 (c) Use clear language rather than Register on October 25, 1983 (48 FR continues to read as follows: jargon; 49244). Authority: 16 U.S.C. 1361–1407; 1531– (d) Be divided into short sections and Government-to-Government 1544; and 4201–4245, unless otherwise sentences; and Relationship With Tribes noted. (e) Use lists and tables wherever possible. In accordance with the President’s § 17.11 [Amended] memorandum of April 29, 1994, If you feel that we have not met these ■ 2. Amend § 17.11(h) by removing the ‘‘Government-to-Government Relations requirements, send us comments by one entries for ‘‘Bear, American black’’ and with Native American Tribal of the methods listed in ADDRESSES. To ‘‘Bear, Louisiana black’’ under Governments’’ (59 FR 22951), Executive better help us revise the rule, your ‘‘MAMMALS’’ from the List of Order 13175, and the Department of the comments should be as specific as Endangered and Threatened Wildlife. possible. For example, you should tell Interior’s manual at 512 DM 2, we us the numbers of the sections or readily acknowledge our responsibility § 17.40 [Amended] paragraphs that are unclearly written, to communicate meaningfully with ■ 3. Amend § 17.40 by removing and which sections or sentences are too recognized Federal Tribes on a reserving paragraph (i). long, the sections where you feel lists or government-to-government basis. We tables would be useful, etc. have determined that no tribal lands or § 17.95 [Amended] interests are affected by this proposal. Required Determinations ■ 4. Amend § 17.95(a) by removing the References Cited Paperwork Reduction Act of 1995 entry for ‘‘Louisiana Black Bear (Ursus A complete list of references cited is americanus luteolus)’’. This proposed rule does not contain available on http://www.regulations.gov Dated: May 5, 2015. collections of information that require under Docket Number FWS–R4–ES– approval by the Office of Management 2015–0014. Stephen Guertin, and Budget under the Paperwork Acting Director, U.S. Fish and Wildlife Reduction Act of 1995 (44 U.S.C. 3501 Author Service. et seq.). This proposed rule will not The primary author of this document [FR Doc. 2015–11748 Filed 5–20–15; 8:45 am] impose recordkeeping or reporting is Deborah Fuller, Louisiana Field BILLING CODE 4310–55–P

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