Federal Register / Vol. 69, No. 159 / Wednesday, August 18, 2004 / Proposed Rules 51217

Dated: July 19, 2004. (see ADDRESSES section above), by species were completed February 7, Norman Niedergang, telephone at (605) 224–8693, extension 2001, (66 FR 54808, October 30, 2001) Acting Regional Administrator, Region 5. 24, by facsimile at (605) 224–9974, or by and March 18, 2002 (67 FR 40657, June _ [FR Doc. 04–18765 Filed 8–17–04; 8:45 am] e-mail Pete [email protected]. 13, 2002) (2001 Candidate Assessment, BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: and 2002 Candidate Assessment respectively). These assessments are Background available at http://mountain- Section 4(b)(3)(B) of the Act requires prairie.fws.gov/btprairiedog/. In our DEPARTMENT OF THE INTERIOR that within 12 months after receiving a most recent Notice of Findings on Fish and Wildlife Service petition to revise the List of Endangered Resubmitted Petitions, we noted that we and Threatened Wildlife that contains had not yet updated our finding with 50 CFR Part 17 substantial information indicating that regard to the black-tailed prairie dog (69 the petitioned action may be warranted, FR 24876, May 4, 2004). We noted that, Endangered and Threatened Wildlife the Secretary shall make one of the since our 2002 assessment, we had and Plants; Finding for the following findings—(a) The petitioned received significant new information Resubmitted Petition To List the Black- action is not warranted, (b) the about this species from the NWF, Forest Tailed Prairie Dog as Threatened petitioned action is warranted, or (c) the Guardians, and the States of Arizona, petitioned action is warranted but Colorado, , Montana, , AGENCY: Fish and Wildlife Service, precluded by pending proposals. Such New , , , Interior. 12-month findings are to be published , , and Wyoming. We ACTION: Finding on a resubmitted promptly in the Federal Register. The stated that we were considering this petition. Act also requires that when a warranted new information and intended to but precluded finding is made, a publish a finding for this species upon SUMMARY: We, the Fish and Wildlife petition is treated as resubmitted and completing our new assessment. This Service (Service), announce our the Service is required to publish a new resubmitted 12-month finding is based resubmitted 12-month petition finding petition finding on an annual basis. on consideration of all new information for the black-tailed prairie dog On July 31, 1998, the Service received that we have received since 2002. It (Cynomys ludovicianus). We conclude a petition dated July 30, 1998, from the presents evaluations of this new that the black-tailed prairie dog is not National Wildlife Federation (NWF) information and re-evaluations of likely to become an endangered species (1998). The petitioner requested that the previously acquired information. In within the foreseeable future throughout Service list the black-tailed prairie dog accordance with section 4(b)(3)(B) of the all or a significant portion of its range, (Cynomys ludovicianus) as threatened Act, we have now completed a status pursuant to the Endangered Species Act throughout its range. On August 26, review of the best available scientific (Act) of 1973, as amended. Therefore, 1998, the Service received another and commercial information on the we find that proposing a rule to list the petition regarding the black-tailed species, and have reached a species is not warranted, and we no prairie dog from the Biodiversity Legal determination regarding the petitioned longer consider it to be a candidate Foundation, the Predator Project, and action. species for listing. We make this Jon C. Sharps (Biodiversity Legal Species Information determination because recent Foundation et al. 1998). The Service distribution, abundance, and trend data accepted this second petition as Prairie dogs occur only in North indicate that the threats to the species supplemental information to the NWF America. They are rodents within the identified in the 12-month finding are petition. A notice of a 90-day finding for squirrel family (Sciuridae) and include not as serious as earlier believed. the petition was published in the five species—the black-tailed prairie DATES: This finding was made on Federal Register on March 25, 1999 (64 dog; the white-tailed prairie dog (C. August 12, 2004. Although no further FR 14425), indicating that it and other leucurus); the Gunnison’s prairie dog (C. action will result from this finding, we readily available scientific and gunnisoni); the Utah prairie dog (C. request that you submit new commercial information presented parvidens); and the Mexican prairie dog information concerning the status of, or substantial information that the (C. mexicanus) (Pizzimenti 1975). The threats to, this species, whenever it petitioned action may be warranted. On Utah and Mexican prairie dogs are currently listed as threatened (49 FR becomes available. February 4, 2000, the Service announced a 12-month finding that 22339, May 29, 1984) and endangered ADDRESSES: The complete file for this listing the black-tailed prairie dog as a (35 FR 8495, June 2, 1970), respectively. finding is available for inspection, by threatened species was warranted but Generally, the black-tailed prairie dog appointment, during normal business precluded by other higher priority occurs east of the other four species in hours, at the South Dakota Field Office, actions (65 FR 5476). When we find that more mesic habitat. Based upon the U.S. Fish and Wildlife Service, 420 S. a petition to list a species is warranted information currently available, the Garfield Avenue, Suite 400, Pierre, but precluded, we refer to the species as Service concurs with Pizzimenti’s South Dakota 57501. Submit new being a candidate for listing. (1975) assessment of the black-tailed information, materials, comments, or Section 4(b)(3)(B) of the Act directs prairie dog as monotypic. questions concerning this species to us that, when we make a ‘‘warranted but Prairie dogs are small, stout ground at the above address. You may obtain a precluded’’ finding on a petition, we are squirrels. The total length of an adult copy of our species assessment for the to treat the petition as being one that is black-tailed prairie dog is approximately black-tailed prairie dog on the Internet resubmitted annually on the date of the 37 to 43 centimeters (14 to 17 inches) at http://mountain-prairie.fws.gov/ finding; thus the Act requires us to and the weight of an individual ranges species/mammals/btprairiedog/ or by reassess the petitioned actions and to from 0.5 to 1.4 kilograms (1 to 3 contacting the South Dakota Field Office publish a finding on the resubmitted pounds). Individual appearances within at the above address. petition on an annual basis. Two the species vary in mixed colors of FOR FURTHER INFORMATION CONTACT: Pete previous candidate assessments and brown, black, gray, and white. The Gober, at the South Dakota Field Office, resubmitted petition findings for this black-tipped tail is characteristic

VerDate jul<14>2003 14:27 Aug 17, 2004 Jkt 203001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1 51218 Federal Register / Vol. 69, No. 159 / Wednesday, August 18, 2004 / Proposed Rules

(Hoogland 1995). Black-tailed prairie migrate between colonies. However, because of the associated effort and cost. dogs are diurnal, burrowing animals. only a very few individuals are required The Service believes that estimates of They do not hibernate as do white- for useful genetic exchange. black-tailed prairie dog occupied habitat tailed, Gunnison’s, and Utah prairie provide the best available and most Distribution, Abundance, and Trends dogs (Hoogland 1995, Tileston and reasonable means of gauging Lechleitner 1966). The black-footed The historic range of the black-tailed populations and the status of the species ferret (Mustela nigripes), swift fox prairie dog included portions of 11 across the extensive range of the (Vulpes velox), mountain plover States, , and Mexico. The species species. (Charadrius montanus), ferruginous is currently present in 10 States— Since the 12-month finding in 2000, hawk (Buteo regalis), burrowing owl Colorado, Kansas, Montana, Nebraska, all States, with the exception of (Athene cunicularia), and numerous New Mexico, North Dakota, Oklahoma, Montana, have completed Statewide other species are dependent upon South Dakota, Texas, and Wyoming. It surveys based on occupied habitat. prairie dogs to varying degrees. has been extirpated from Arizona. These efforts were systematically Several biological factors determine Black-tailed prairie dogs occur from designed and implemented, although the reproductive potential of the extreme south-central Canada to methodologies varied between States. species. Females may breed in their first northeastern Mexico and from We believe that the current Statewide year, but usually do not breed until their approximately the 98th west estimates are likely more accurate than second year, live 3 to 4 years, and to the Rocky Mountains. Range those provided in the 12-month finding, produce a single litter, usually four to contractions have occurred in the which were largely based on earlier five pups, annually (Hoogland 1995; southwestern portion of the species’ data, extrapolation of partial surveys, Hoogland 2001; King 1955; Knowles range in Arizona, western New Mexico, telephone surveys, and desktop and Knowles 1994). Therefore, 1 female and western Texas through conversion exercises. Collectively, the recent may produce 0 to 20 young in its of grasslands to desert shrub lands estimates represent the first broad lifetime. While the species is not (Pidgeon et al. 2001). Range benchmark of comparison for black- prolific in comparison to many other contractions are largely due to habitat tailed prairie dog populations since the rodents, the species is capable of rapid destruction through cropland early 1960s (Bureau of Sport Fisheries population increases subsequent to development in the eastern portion of and Wildlife (BSFW) 1961). substantial reductions (Seery, U.S. the species’ range in Kansas, Nebraska, ARIZONA—The black-tailed prairie Forest Service (USFS), in litt. 2001). Oklahoma, South Dakota, and Texas dog has been extirpated from Arizona. Historically, black-tailed prairie dogs (Black-footed Ferret Recovery No additional information regarding generally occurred in large colonies that Foundation, in litt. 1999a). distribution, abundance, and trends of contained thousands of individuals, Populations in Canada represent the species in Arizona has been covered hundreds or thousands of acres, approximately 0.1 percent of the current obtained since the 12-month finding. and extended for miles (Bailey 1905). At North American populations. The COLORADO—The Colorado Division present, most colonies are much Committee on the Status of Endangered of Wildlife (CDOW) reported a smaller. Colonial behavior offers an Wildlife in Canada (COSEWIC) has Statewide estimate of 256,000 hectares effective defense mechanism by aiding considered the black-tailed prairie dog (631,000 acres) of black-tailed prairie in the detection of predators and by vulnerable since 1978 due to its dog occupied habitat based on an aerial deterring predators through mobbing restricted distribution. This status was inventory (Pusateri, CDOW, in litt. 2002; behavior. It increases reproductive reconfirmed in 1998 (COSEWIC 1998). Russell, CDOW, in litt. 2003). Thirty- success through cooperative rearing of Populations in Mexico represent eight complexes were identified juveniles and aids parasite removal via approximately 2.7 percent of the current Statewide. The methodology employed shared grooming. Colonial behavior also North American populations. These by CDOW is comprehensive and based can play an important role in the populations have been reduced, largely on an aerial transect method developed transmission of disease (Antolin et al. due to control efforts and agricultural by Sidle et al. (2001) and modified by 2002; Biggins and Kosoy 2001; conversion (Ceballos et al. 1993). The White (CDOW 2003). The Service Hoogland 1995; Olsen 1981). The role of species is considered threatened in estimate (based upon a sum of site- colonial behavior in the transmission of Mexico (Secretaria del Medio Ambiente, specific estimates and extrapolations) in disease is discussed in more detail Recursos Naturales y Pesca the 2000 12-month finding was 38,000 below (see Factor C). (SEMARNAP) (Environment, Natural hectares (93,000 acres) of occupied Black-tailed prairie dog colonies can Resources and Fishing Secretary) 1994). habitat. The 1961 BSFW estimate was combine to form a complex, or Most estimates of prairie dog about 39,000 hectares (96,000 acres). A metapopulation, with interchange populations are not based on numbers mail survey estimate reported by occurring between colonies. Typical of individual animals, but on estimates Colorado Department of Agriculture dispersal is usually between established of the amount of occupied habitat. The (1990) was about 394,000 hectares colonies and limited to approximately 5 actual number of animals present (973,000 acres) of occupied habitat. kilometers (3 miles) or less (Garrett and depends upon the prevailing density of The CDOW (2003) identifies 18 extant Franklin 1988, Hoogland 1995); animals in that locality. Estimates of complexes greater than 2,000 hectares although Knowles (1985) noted black-tailed prairie dog density vary (5,000 acres). More than 10 percent of occasional long-distance dispersal depending upon the season, region, and the total occupied acreage in Colorado distances as high as 10 kilometers (6 climatic conditions; but typically range occurs in complexes greater than 400 miles). Black-tailed prairie dog from 5 to 45 individuals per hectare (2 hectares (1,000 acres). The most recent complexes or metapopulations expand to 18 individuals per acre) (Fagerstone inventory indicates that the black-tailed or contract depending upon various and Ramey 1996; Hoogland 1995; King prairie dog remains widely distributed intrinsic factors (e.g., reproductive 1955; Koford 1958; Miller et al. 1996). in Colorado with 100 percent of the capabilities) and extrinsic factors (e.g., Density also can vary temporally, due to counties within the historic range still chemical control). In order to chemical control and plague, as containing prairie dogs (CDOW 2003). substantially augment or replace discussed in later sections. Most prairie Trend information at some Colorado populations, several individuals must dog surveys do not estimate density sites indicates declines due to plague

VerDate jul<14>2003 14:27 Aug 17, 2004 Jkt 203001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 69, No. 159 / Wednesday, August 18, 2004 / Proposed Rules 51219

with at least partial recovery in the 2000 12-month finding was 26,000 There are no extant complexes greater subsequent years. At the Rocky hectares (65,000 acres). The 1961 BSFW than 2,000 hectares (5,000 acres) in Mountain Arsenal, plague has resulted estimate was about 11,000 hectares Nebraska. One complex is greater than in a substantial overall decline in (28,000 acres). In 2003, Hagener 400 hectares (1,000 acres). Less than 10 occupied habitat from 250 hectares (MDFWP, in litt. 2003) noted that most percent of the total occupied acreage in (1,646 acres) in 2000 to 127 hectares areas in Montana show expansion of Nebraska occurs in complexes greater (314 acres) in 2002 (Seery, Service, in black-tailed prairie dog occupied than 400 hectares (1,000 acres). The litt. 2002). However, at Comanche habitat. black-tailed prairie dog appears to be National Grasslands (NG), occupied There are three extant complexes largely absent from eastern portions of habitat appears to have returned to pre- greater than 2,000 hectares (5,000 acres). its historic range in Nebraska. plague levels following epizootics. Cully More than 10 percent of the total Nevertheless, more than 75 percent of and Johnson (2002) estimated 2,382 acreage in Montana occurs in complexes the counties within the historic range of hectares (5,886 acres) of occupied greater than 400 hectares (1,000 acres). the species contain prairie dogs (Luce, habitat at Comanche NG, a 42 percent Black-tailed prairie dog populations Prairie Dog Conservation Team increase from 2001. Occupied habitat at appear to be widely distributed in Interstate Coordinator, in litt. 2003). Pawnee NG in 2002 was reported at Montana with 90 percent of the historic For specific sites in Nebraska, 40 about 730 hectares (1,800 acres), a 65 range occupied by the species (Montana hectares (100 acres) of black-tailed percent increase from 2001 (Cully and Prairie Dog Working Group 2001). prairie dog occupied habitat were Johnson 2002). Hoefert (U.S. Army, in For specific sites, Vosburgh estimated at Enders Wildlife litt. 2002) reported 1,418 hectares (3,500 (Intertribal Consortium, in litt. 2003) Management Area in Chase County and acres) of occupied habitat at Fort estimated about 3,000 hectares (7,000 350 hectares (863 acres) at Oglala NG in Carson, a 109 percent increase from acres) of black-tailed prairie dog Sioux County (Fritz, NGPC, in litt. 2001. Estimates for Pueblo and Pinon occupied habitat at Crow Reservation in 2002). Thompson (USFS, in litt. 2002) Canyon in 2002 were similar to those in Montana. Approximately 80 percent of provided a more recent estimate for 2001 with 1,066 hectares (2,632 acres) at Reservation lands have been mapped, so Oglala NG of 516 hectares (1,275 acres) Pueblo Army Depot and 143 hectares the actual amount of occupied habitat of occupied habitat. This estimate (353 acres) at Pinon Canyon Maneuver may be larger. Vosburgh (Intertribal represents an increase of 47 percent Site. Consortium, in litt. 2002) and Hagener from the previous estimate in 2001. KANSAS—Based on recent aerial (MDFWP, in litt. 2002) both noted a NEW MEXICO—Based upon surveys, Kansas Department of Wildlife 1,200 to 1,600 hectares (3,000 to 4,000 evaluations of remote sensing data, and Parks (KDWP) estimated there are acres) reduction in occupied habitat on about 24,000 hectares (60,000 acres) of about 53,000 hectares (130,000 acres) of Crow Reservation lands during 2002 black-tailed prairie dog occupied habitat black-tailed prairie dog occupied habitat due to plague. Both sources also existed Statewide in 2002 (Bell, New in Kansas (Mitchener, KDWP, in litt. estimated nearly 5,300 hectares (13,000 Mexico Department of Game and Fish 2003). The Service estimate (based upon acres) of occupied habitat at Fort (NMDGF), in litt 2002 and Thompson, a mean of previous estimates) in the Belknap Reservation, a decrease of NMDGF, in litt. 2003). Ground-truthing 2000 12-month finding was 17,000 about 600 hectares (1,200 acres) from of this estimate is currently under way hectares (42,000 acres). The 1961 BSFW the 1999 estimate due to plague. (Johnson et al. 2003). The Service estimate was about 20,000 hectares Additionally, Vosburgh (Intertribal estimate (based upon a sum of site- (50,000 acres). Consortium, in litt. 2003) estimated specific estimates) in the 12-month There are no extant complexes greater 1,585 hectares (3,913 acres) of occupied finding was 16,000 hectares (39,000 than 2,000 hectares (5,000 acres) in habitat at the Northern Cheyenne acres) of occupied habitat. The 1961 Kansas. One complex is greater than 400 Reservation, an increase of about 240 BSFW estimate was about 7,000 hectares (1,000 acres). Less than 10 hectares (600 acres) from the previous hectares (17,000 acres). percent of the total occupied acreage in estimate in 2002. Hagener (MDFWP, in There are no extant complexes greater Kansas occurs in complexes greater than litt. 2003) estimated 2,600 hectares than 400 hectares (1,000 acres) in New 400 hectares (1,000 acres). The black- (6,300 acres) on Charles M. Russell Mexico. The black-tailed prairie dog tailed prairie dog appears to be largely National Wildlife Refuge in 2002. Trend appears to be largely absent from absent from eastern portions of its information over the last 10 to 20 years western portions of its historic range in historic range in Kansas. Nevertheless, at most large sites in the State continues New Mexico. Nevertheless, more than more than 75 percent of the counties to indicate declines due to plague, with 75 percent of the counties within the within the historic range of the species partial recovery in subsequent years, but historic range of the species contain contain prairie dogs (Luce, Prairie Dog without complete recovery to pre-plague prairie dogs (Luce, Prairie Dog Conservation Team Interstate levels. Conservation Team Interstate Coordinator, in litt. 2002c). NEBRASKA—Statewide, the Nebraska Coordinator, in litt. 2002c). For specific sites, Cully and Johnson Game and Parks Commission (NGPC) For specific sites, the U.S. Army (2002) estimated 1,344 hectares (3,321 estimated 55,000 hectares (137,000 provided an estimate of 130 hectares acres) at Cimarron NG. This was an acres) of black-tailed prairie dog (330 acres) of black-tailed prairie dog increase of 26 percent from 2001. occupied habitat in 2003 (Fritz, NGPC, occupied habitat at a Fort Bliss facility MONTANA—The Montana pers. comm. 2004). This estimate is in New Mexico (Hoefert, U.S. Army, in Department of Fish, Wildlife and Parks derived from aerial surveys employing litt. 2002). This estimate is the same as (MDFWP) provided a Statewide the same methodology used by CDOW. that reported in 2001. estimate (including Tribal lands) of The Service estimate (based upon NORTH DAKOTA—Based upon aerial 36,000 hectares (90,000 acres) of black- Amack, NGPC, in litt. 1998 and surveys and ground-truthing, a tailed prairie dog occupied habitat in Knowles 1998) in the 2000 12-month minimum of 8,000 hectares (20,000 2002 (Hagener, MDFWP, in litt. 2002). finding was 24,000 hectares (60,000 acres) of black-tailed prairie dog This estimate is the same as that in the acres) of occupied habitat. The 1961 occupied habitat existed Statewide 2002 candidate assessment. The Service BSFW estimate was about 12,000 (including on Tribal lands) in 2003 estimate (based upon Knowles 1998) in hectares (30,000 acres). (McKenna, NDGFD, in litt. 2003). The

VerDate jul<14>2003 14:27 Aug 17, 2004 Jkt 203001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1 51220 Federal Register / Vol. 69, No. 159 / Wednesday, August 18, 2004 / Proposed Rules

Service estimate (based upon Sidle, For specific sites, 5,477 hectares representatives reported approximately USFS, pers. comm. 1999) in the 12- (13,523 acres) of black-tailed prairie dog 40,500 hectares (100,000 acres) of month finding was 10,000 hectares occupied habitat were estimated to exist occupied habitat at Pine Ridge/Oglala (25,000 acres) of occupied habitat. The in Cimarron County (Luce, Prairie Dog Sioux Reservation and 20,250 hectares 1961 BSFW estimate was about 8,000 Conservation Team Interstate (50,000 acres) of occupied habitat at hectares (20,000 acres). Coordinator, in litt. 2002b). Rosebud Sioux Reservation in 2003 North Dakota has the smallest recent SOUTH DAKOTA—In 2003, a partial (Miller 2004). The South Dakota Black- State-occupied habitat estimate with estimate was provided for South Dakota Tailed Prairie Dog Management Plan about 8,000 hectares (20,000 acres) in of more than 81,000 hectares (200,000 estimates approximately 36,000 hectares 540 active colonies (Knowles 2003). acres) of black-tailed prairie dog (89,000 acres) of occupied habitat at Knowles (2003) describes two occupied habitat, including Tribal lands Pine Ridge/Oglala Sioux Reservation complexes or metapopulations—one (Cooper and Gabriel, South Dakota and approximately 16,000 hectares being connected to metapopulations in Department of Game, Fish, and Parks (39,000 acres) of occupied habitat at South Dakota, and the other quite (SDDGFP) and South Dakota Rosebud Sioux Reservation in 2004 disjunct from other populations. Department of Agriculture, in litt. 2004). (South Dakota Department of According to Luce (Prairie Dog Subsequently, a draft management plan Agriculture and SDDGFP 2004). Conservation Team Interstate was released that estimated, based on Thompson (USFS, in litt. 2002) Coordinator, in litt. 2003), there are no aerial surveys, 165,000 hectares estimated 7,327 hectares (18,105 acres) extant complexes greater than 2,000 (407,000 acres) of black-tailed prairie of occupied habitat at Buffalo Gap NG, hectares (5,000 acres) in North Dakota. dog occupied habitat Statewide (South 260 hectares (642 acres) at Fort Pierre One complex is greater than 400 Dakota Department of Agriculture and NG, and 723 hectares (1,787 acres) at hectares (1,000 acres), but less than 10 SDDGFP 2004). This included an Grand River NG in 2002. percent of the total occupied acreage in estimated 87,000 hectares (215,000 TEXAS—The Texas Parks and North Dakota occurs in complexes acres) of occupied habitat on Tribal Wildlife Department (TPWD) provided a greater than 400 hectares (1,000 acres). lands and 78,000 hectares (192,000 preliminary Statewide estimate in 2002 Black-tailed prairie dog populations acres) on non-Tribal lands. The Service of 96,000 hectares (236,000 acres) of appear to be widely distributed in North estimate (based upon Sidle, USFS, pers. black-tailed prairie dog occupied habitat Dakota with 81 percent of the counties comm. 1999) provided in the 2000 12- based upon 1996–97 digital ortho-photo within the historic range of the species month finding was 60,000 hectares quadrangle interpretation (Young, containing prairie dogs (Knowles 2003). (147,000 acres) of occupied habitat. The TPWD, in litt. 2002). The TPWD For specific sites, 117 hectares (290 1961 BSFW estimate was about 13,000 proposed to review 2003 satellite acres) of black-tailed prairie dog hectares (33,000 acres). imagery for select counties to determine occupied habitat were estimated at Fort There are four extant complexes any changes in occupied habitat from Berthold Reservation, following greater than 2,000 hectares (5,000 acres). 1996–97 to 2003. Ground-truthing has mapping in 2003 (Vosburgh, Intertribal More than 10 percent of the total been completed for 70 out of 78 Consortium, in litt. 2003). There was an acreage in South Dakota occurs in counties for a current minimum of estimated 821 hectares (2,026 acres) of complexes greater than 400 hectares 72,000 hectares (178,000 acres) of occupied habitat on the Little Missouri (1,000 acres). The black-tailed prairie occupied habitat (Holdstock, TPWD, in NG (Luce, Prairie Dog Conservation dog appears to be widely distributed in litt. 2003). The Service estimate Team Interstate Coordinator, in litt. South Dakota with at least 91 percent of (modified from Cheatheam 1977) in the 2003). the counties within the historic range of 2000 12-month finding was 29,000 OKLAHOMA—Based upon aerial the species containing prairie dogs hectares (71,000 acres) of occupied surveys, the Oklahoma Department of (South Dakota Department of habitat. The 1961 BSFW estimate was Wildlife Conservation (ODWC) Agriculture and SDDGFP 2004). about 11,000 hectares (26,000 acres). estimated 26,000 hectares (64,000 acres) For specific sites, 1,900 hectares There are no extant complexes greater of black-tailed prairie dog occupied (4,800 acres) of black-tailed prairie dog than 400 hectares (1,000 acres) in Texas. habitat Statewide in 2003 (Hoagland, occupied habitat were mapped at The black-tailed prairie dog appears to ODWC, pers. comm. 2003). Badlands National Park in 2002 be distributed throughout most of its Approximately 50 percent of the area (Albertson, National Park Service (NPS), historic range in Texas. More than 75 has been ground-truthed to date, with in litt. 2002) and 2,300 hectares (5,600 percent of the counties within the 15,700 hectares (38,700 acres) verified acres) in 2003 (Albertson, NPS, in litt. historic range of the species contain as active (Duffy, ODWC, in litt. 2003). 2003). This represents a 17 percent prairie dogs (Luce, Prairie Dog The Service estimate (based upon increase from 2002 to 2003. Turner Conservation Team Interstate Lomolino and Smith 2001) in the 12- Endangered Species personnel Coordinator, in litt. 2002c). month finding was 3,600 hectares (9,000 estimated 584 hectares (1,443 acres) of For specific sites, about 284 hectares acres) of occupied habitat. The 1961 occupied habitat at Bad River Ranch in (700 acres) of occupied habitat were BSFW estimate was about 6,000 2003 (Bly Honness, Turner Endangered estimated at the City of Lubbock Land hectares (15,000 acres). Species Fund, in litt. 2003), an 11 Application Site (Fuquay 2004). County There do not appear to be any percent increase from 2002. estimates are under development by the complexes greater than 400 hectares Morgenstern (Ellsworth Air Force Base, TPWD. (1,000 acres) in Oklahoma. The black- in litt. 2003) reported 38 hectares (95 WYOMING—Luce (Prairie Dog tailed prairie dog appears to be largely acres) of occupied habitat on Ellsworth Conservation Team Interstate absent from eastern portions of its Air Force Base and 320 hectares (800 Coordinator, in litt. 2003) estimated historic range in Oklahoma. acres) on the Badlands Bomb Range in 51,000 hectares (125,000 acres) of black- Nevertheless, more than 75 percent of 2003. The Lower Brule Sioux Tribe tailed prairie dog occupied habitat the counties within the historic range of estimated 1,190 hectares (2,940 acres) of Statewide in 2003. This estimate is the species contain prairie dogs (Luce, occupied habitat in 2003 (Lewis, Lower equal to the Service estimate (based Prairie Dog Conservation Team Brule Sioux Tribe, in litt. 2003). upon a projected decline from Wyoming Interstate Coordinator, in litt. 2002c). Newspaper interviews of Tribal Game and Fish Department’s (WGFD)

VerDate jul<14>2003 14:27 Aug 17, 2004 Jkt 203001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 69, No. 159 / Wednesday, August 18, 2004 / Proposed Rules 51221

1987 estimate) in the 12-month finding. been provided since 2001. The most changes regarding the magnitude or The 1961 BSFW estimate was about recent estimate is more than 20,000 immediacy of threat from this factor 20,000 hectares (49,000 acres). The hectares (49,000 acres) of occupied were made in our assessment of the WGFD is currently mapping towns from habitat, almost all of it at one site near species and resubmitted petition finding 2001 color infrared aerial photos and Janos, Chihuahua (List in litt. 2001). The in 2001 (66 FR 54808, October 30, field checking a significant portion of Service estimate in the 12-month 2001). Our 2002 assessment and the towns mapped (Rothwell, WGFD, in finding was 36,000 hectares (90,000 resubmitted petition finding (67 FR litt. 2003). acres) of occupied habitat. List (in litt. 40657, June 13, 2002) addressed habitat There is one extant complex greater 2001) also noted that 1,170 hectares threats individually. We concluded that than 2,000 hectares (5,000 acres) in (2,889 acres) of occupied habitat had the present or threatened destruction of Wyoming. We are unaware of any been lost (50 percent of that due to habitat from agricultural conversion and additional complexes greater than 400 conversion of rangeland to cropland), other factors was no longer a threat. We hectares (1,000 acres). It appears that but that the large difference from earlier concluded that the present or threatened less than 10 percent of the total estimates for the site was due to earlier modification of habitat due to the occupied acreage in Wyoming occurs in mapping errors and did not represent an presence of plague was a moderate, complexes greater than 400 hectares actual loss of occupied habitat. In imminent threat. We concluded that the (1,000 acres). The black-tailed prairie general, population estimates of the present curtailment of habitat due to dog appears to be widely distributed black-tailed prairie dog in Mexico chemical control was no longer a threat throughout most of its historic range in appear to be stable in recent decades. and the threatened curtailment of Wyoming. More than 75 percent of the The species appears to be absent from habitat was a low magnitude, non- counties within the historic range of the much of its historic range in Mexico. imminent threat. species contain prairie dogs (Luce, State agencies now estimate Historically as many as 40 million Prairie Dog Conservation Team approximately 745,400 hectares hectares (100 million acres) of occupied Interstate Coordinator, in litt. 2002c). (1,842,000 acres) of occupied habitat black-tailed prairie dog colonies Plague has resulted in notable across the as opposed to occurred across a landscape of declines in the State’s largest identified an estimate of 364,000 acres in 1961. As approximately 162 million hectares (400 complex at Thunder Basin NG. Thunder noted above, evaluation of prairie dog million acres) of potential habitat Basin NG was estimated to contain population status is based on amount of (Black-footed Ferret Recovery about 3,600 hectares (9,000 acres) of occupied habitat, not numbers of Foundation, in litt. 1999a; Fagerstone occupied habitat in 2003 following a individual animals. However, many and Ramey 1996; Knowles 1998; Seton plague epizootic (Byer, USFS, pers. people are interested in the estimated 1953). At present, there are an estimated comm. 2003). Approximately 7,300 numbers of prairie dogs. Estimates of 745,400 hectares (1,842,000 acres) of hectares (18,000 acres) of occupied black-tailed prairie dog density typically occupied habitat in the United States. habitat existed in 2000 prior to plague range from between 2 to 18 animals per Habitat destruction resulted from (Thompson, USFS, in litt. 2002). acre, with an average of 10 per acre. cropland development, urbanization, Another way to evaluate the impacts of Applying these density estimates to the changes in vegetative communities, plague at this site is to examine the acreage figures generates an estimated burrow deterioration, and number of colonies impacted. In 2002, population of black-tailed prairie dogs fragmentation. The most substantial the WGFD reported that only 11 percent ranging between 3,684,000 and cause of habitat destruction that we are of the colonies surveyed at Thunder 33,156,000, with the average density able to quantify is cropland Basin NG were still active (Wichers, figure yielding an estimated population development. Conversion of the native WGFD, in litt. 2002). of 18,420,000 black-tailed prairie dogs prairie to cropland has largely For other specific sites, the U.S. Army in the United States. This estimate of progressed across the species’ range provided an estimate of 280 hectares the abundance of the black-tailed prairie from east to west, with the more (700 acres) of black-tailed prairie dog dog has implications for our analysis of intensive agricultural use in the eastern occupied habitat at the Sheridan the threats faced by the black-tailed portion of the species’ range. Black- Training Area in 2002 (Hoefert, U.S. prairie dog described below. tailed prairie dog use of potential Army, in litt. 2002). This was the same habitat is somewhat, but not completely, as the estimate provided in 2001. Discussion of Listing Factors limited by this conversion. Cheatham (NPS, in litt. 2003) reported Section 4 of the Act (16 U.S.C. 1533) Approximately 37 percent of the 16 hectares (40 acres) of occupied and implementing regulations at 50 CFR suitable habitat within its range has habitat at Devils Tower National part 424 set forth procedures for adding been converted to cropland uses (Black- Monument in 2003. species to the Federal List of footed Ferret Recovery Foundation, in CANADA—No new estimates of Endangered and Threatened Wildlife. A litt. 1999b). However, the 12-month black-tailed prairie dog occupied habitat species may be determined to be an finding noted that the current threat of have been provided since 2001. The endangered or threatened species due to habitat loss through cropland most recent estimate is 1,049 hectares one or more of the five factors described conversion is much less than in the (2,589 acres) of occupied habitat in section 4(a)(1). These factors and early days of agricultural development (Fargey, Grasslands National Park, in their application to black-tailed prairie in the Great Plains and that a litt. 2001). This estimate is similar to the dog are evaluated below. considerable amount of potential Service estimate in the 12-month unoccupied habitat remains. finding of 800 hectares (2,000 acres) of A. The Present or Threatened The Natural Resources Conservation occupied habitat, all at Grasslands Destruction, Modification, or Service quantified land cover/land use National Park in Saskatchewan. In Curtailment of Its Habitat or Range changes from 1982 to 1997 (U.S. general, population estimates of the In the 2000 12-month finding, we Department of Agriculture 2000). The 11 black-tailed prairie dog in Canada concluded that effects due to the present States within the historic range of the appear to be stable, but small. or threatened destruction, modification, black-tailed prairie dog experienced a MEXICO—No new estimates of black- or curtailment of habitat or range were 10 percent loss of cropland and a 2 tailed prairie dog occupied habitat have a moderate, imminent threat. No percent loss of rangeland during this

VerDate jul<14>2003 14:27 Aug 17, 2004 Jkt 203001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1 51222 Federal Register / Vol. 69, No. 159 / Wednesday, August 18, 2004 / Proposed Rules

time period. However, when the amount B. Overutilization for Commercial, C. Disease or Predation of current occupied habitat is contrasted Recreational, Scientific, or Educational In the 2000 12-month finding, we with the amount of remaining rangeland Purposes concluded that predation was not a (potential habitat), estimated in the In the 2000 12-month finding, we threat. This conclusion was reaffirmed hundreds of millions of acres, it is concluded that effects due to scientific in our 2001 and 2002 Candidate evident that sufficient potential habitat or educational purposes and Assessments. We continue to believe still occurs in each of the 11 States commercial use of the species via the this factor is not a threat pursuant to the within the historic range of the species pet trade were not threats to the species. definitions of the Act. to accommodate large expansions of These conclusions were reaffirmed in The 2000 12-month finding black-tailed prairie dog populations our assessments of the species in 2001 concluded that disease was a moderate, (U.S. Department of Agriculture 2000). and 2002. We continue to believe these imminent threat. No changes regarding This conclusion is supported by Sidle et factors are not threats pursuant to the the magnitude or immediacy of threat al. (2001), who noted that, although definitions of the Act. from disease were made in our 2001 or substantial areas of grassland have been The 2000 12-month finding also 2002 assessments. converted to cropland in the northern concluded that recreational shooting Although plague is likely the most Great Plains, vast areas of suitable could be a low, imminent threat in some important factor adversely influencing habitat for colonization and expansion circumstances. No changes regarding black-tailed prairie dogs, recent of black-tailed prairie dogs remain. the magnitude or immediacy of threat information indicates the populations Rosmarino (Forest Guardians et al., in from this factor were made in our 2001 are not as vulnerable to the disease as litt. 2003a and 2003b) expressed Candidate Assessment. In the 2002 previously thought. Plague is an exotic concern regarding the substantial loss of Candidate Assessment we determined disease foreign to the evolutionary habitat due to urbanization along the that recreational shooting did not rise to history of North American species. It is caused by the bacterium Yersinia pestis, Colorado Front Range. We acknowledge the level of a threat to the species. Knowles (2003) noted extensive which fleas acquire from biting infected that urbanization is an ongoing factor in recreational shooting in North Dakota, animals and can then transmit via a bite habitat loss along the Front Range. In but found no clear evidence that to other animals. The disease also can the 12-month finding, we noted that shooting controlled prairie dog be transmitted pneumonically directly urbanization represents a locally populations. Rosmarino (Forest among infected animals. Some rodent substantial loss of occupied habitat, but Guardians et al., in litt. 2003a and species may act as carriers of the disease in a range-wide context it is not 2003b) suggested that density is or infected fleas with little or no significant. We continue to believe that, reduced, that small colonies have been symptoms. Black-tailed prairie dogs given population estimates in Colorado extirpated by shooting, and that larger cannot be considered carriers because of and elsewhere, urbanization cannot be colonies could be reduced. Reeve and their high mortality rate (Barnes 1993, considered a threat at present or in the Vosburgh (in draft) concluded that Cully and Williams 2001). foreseeable future, either in Colorado or interest in and intensity of recreational Plague was first observed in wild rangewide. shooting has increased dramatically rodents in near San Gilpin (University of California, in over the past decade and that shooting Francisco, California, in 1908 (Eskey litt. 2001) considered habitat can cause changes in prairie dog and Haas 1940). The first reported fragmentation, which decreases colony behavior and reproductive success. incidences of plague in black-tailed and metapopulation size, a serious However, they also noted that prairie prairie dogs occurred in the 1940s threat that could impact future viability dog populations are capable of (Gage, Center for Disease Control, pers. of the black-tailed prairie dog. However, recovering from shooting. comm. 1999, Miles et al. 1952). Luce (Prairie Dog Conservation Team Some of the States with substantial Evidently, plague spread from the west Interstate Coordinator, in litt. 2002c) amounts of public lands are coast to its present easterly limit in suggested that fragmentation of habitat experiencing greater shooting pressure about 50 years. Plague is currently and scattered distribution may have on prairie dogs in some areas than limited to the western two-thirds of the isolated black-tailed prairie dog previously estimated, and are black-tailed prairie dog range (perhaps populations and prevented plague from implementing regulations to better due to some unknown ecological impacting them. He noted that it is monitor and control this activity. These limitations) (Barnes 1993). Black-tailed important to recognize the presence and regulations are described under Factor prairie dog habitat in all of Montana, value of ‘‘small, remnant populations.’’ D. Wyoming, Colorado, New Mexico, and This issue is more thoroughly discussed We are aware that recreational Arizona is impacted by plague. Portions under Factor C. shooting can reduce black-tailed prairie of western North Dakota, Nebraska, dog population densities at specific Kansas, Oklahoma, and Texas have We continue to conclude that present sites, and acknowledge the possibility records of plague in black-tailed prairie or threatened habitat destruction is not that extirpation may have occurred in dogs. Black-tailed prairie dog habitat in a threat to the species, although isolated circumstances (Knowles 1988), the eastern portions of these same States considerable effects due to this factor but we believe black-tailed prairie dog and all of South Dakota are free of have occurred in the past. Additionally, populations can recover from very low plague. we now conclude that present or numbers following intensive The major effects of plague on black- threatened habitat modification as it recreational shooting (Knowles 1988, tailed prairie dogs are to reduce colony relates to plague is not a significant Reeve and Vosburgh in draft). Therefore, size, increase variance in colony threat to the species given the analysis we continue to conclude that effects due populations, and increase inter-colony that follows under Factor C. Threatened to recreational shooting do not rise to distances within complexes (Brand habitat curtailment as it relates to the level of a threat pursuant to the 2002). Recently documented plague chemical control is not a significant definitions of the Act. Recent Statewide outbreaks include Bent County, Fort threat to the species given the analysis and range-wide estimates of occupied Carson, Pinon Canyon, and Rocky that follows under Factor E. habitat further reinforce this conclusion. Mountain Arsenal in Colorado; Crow

VerDate jul<14>2003 14:27 Aug 17, 2004 Jkt 203001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 69, No. 159 / Wednesday, August 18, 2004 / Proposed Rules 51223

and Fort Belknap Reservations in 2001 (Cully and Johnson 2002), and density or isolated populations is Montana; Kiowa NG and Rita Blanca NG 2,380 hectares (5,886 acres) in 2002 facilitated by the necessity of high in Texas and Oklahoma; and Thunder (Cully and Johnson 2002). Cully and exposure rates for individuals to Basin NG in Wyoming. The plague Johnson (2002) noted that ‘‘colony area contract the disease. Single or even epizootic at Thunder Basin was on the Comanche NG is similar to what multiple flea bites do not always have particularly notable because the location was present before the die-off there in a high enough dose for infection to was one of the few remaining complexes 1994–95.’’ occur (Rocke, USGS, pers. comm. 2002). greater than 4,000 hectares (10,000 At Cimarron NG in Kansas, plague In contrast, if plague is spread acres), and the epizootic brought plague was documented in 1949, 1997, and pneumonically from animal to animal, a close to some of the last remaining large 1999 (Cully and Williams 2001). much larger dose is transferred than plague-free complexes found in South Nevertheless, populations appear to be from a flea bite. In such situations, the Dakota. increasing in recent years, with impact on a large, densely populated In our 2000 12-month finding, we occupied habitat estimates of 520 complex could be substantial. A focused attention on a few large black- hectares (1,287 acres) in 1998 (Sidle, population dynamic may have tailed prairie dog populations impacted USFS, in litt. 1999), 680 hectares (1,688 developed that somewhat protects low by plague and extrapolated population acres) in 1999 (Thompson, USFS, in litt. density, isolated black-tailed prairie dog losses at these sites across the species’ 2002), 1,070 hectares (2,639 acres) in populations from extirpation, even with entire range. Based on generally 2001 (Thompson, USFS, in litt. 2002) infected fleas resident in the habitat of accepted conservation biology and 1,345 hectares (3,321 acres) in 2002 surviving prairie dogs. principles (Gilpin and Soule 1986; (Cully and Johnson 2002). Cully and Lomolino et al. (2003) postulated that Hanski and Gilpin 1997; MacArthur and Johnson (2002) noted that ‘‘colony area habitat fragmentation may benefit some Wilson 1967; Miller et al. 1996; Shaffer on the Cimarron NG is the highest ever prairie dog populations by protecting 1981; Wilcove et al. 1986; and Wilcox recorded.’’ Other examples of them from plague through isolation. and Murphy 1985), we presumed that population recovery are discussed in the Historically, black-tailed prairie dogs smaller black-tailed prairie dog Distribution, Abundance, and Trends were typically found in large complexes populations had been and would be section of this document. The severity that consisted of many colonies that similarly or more adversely impacted. of plague outbreaks may vary, with were close enough to each other to An approximate 50 percent decline per severe outbreaks and limited recovery allow frequent dispersal between decade was predicted for the foreseeable occurring at some complexes (Rocky colonies. Currently, due to a future. Much better information is now Mountain Arsenal, Colorado, and Ft. combination of factors including habitat available. Given recent population Belknap and Northern Cheyenne fragmentation, plague, and poisoning, estimates across a majority of the Reservations in Montana) and less many prairie dogs exist in much smaller species’ range, it appears the previously severe outbreaks with apparently complexes or in isolated colonies where hypothesized projections were invalid. complete or near complete recovery at the possibility for interchange is While occupied habitat at specific large other sites (Cimarron NG and Comanche reduced. Smaller populations also may complexes may experience dramatic NG). be protected by limiting exposure via fluctuations due to plague epizootics, Recent laboratory research indicates direct animal-to-animal contact (Cully they do not appear to be influencing the that at low levels of exposure a small and Williams 2001, Roach et al. 2001). species’ range-wide persistence. percentage of black-tailed prairie dogs Influences other than plague likely will Recent data indicate that, in some show some immune response and still adversely affect small black-tailed portions of the species’ range, some consequently some resistance to plague prairie dog populations, but they have colonies recover and may approach pre- (Rocke, U.S. Geological Survey (USGS), not been demonstrated to be as serious plague population levels following pers. comm. 2002), similar to what has as plague. plague epizootics. At Comanche NG in been reported in Gunnison’s (Cully et Trudeau (2002) noted that ‘‘sylvatic Colorado, approximately 1,820 hectares al. 1997) and white-tailed prairie dogs plague epizootics have the potential to (4,500 acres) of black-tailed prairie dog (Biggins, USGS, pers. comm. 2002). The cause severe population bottlenecks in occupied habitat were estimated to exist Center for Disease Control recently black-tailed prairie dog colonies on the Carrizo Unit of Comanche NG in reported that seroconversion (evidence contributing to losses of alleles and 1995. In 1996, all of the towns inspected of some immune response) occurred in decreases in heterozygosity. Plague had experienced total or near total 2 out of 65 black-tailed prairie dogs could potentially devastate genetic extirpation. No fleas were collected to collected following a plague event at variability in affected prairie dog facilitate plague surveillance, but the Pawnee NG in Colorado (Antolin, colonies, causing inbreeding depression pattern of widespread elimination of Colorado State University, pers. comm. in the short-term and inability to adapt prairie dog colonies was the pattern 2002). Nevertheless, an individual to environmental change in the long- expected from sylvatic plague. Plague black-tailed prairie dog exposed to term.’’ However, the author also noted was documented the following year in plague is at high risk due to a that ‘‘even though a significant a nearby colony. In 1998, approximately combination of low resistance and high reduction in heterozygosity was 200 hectares (500 acres) of occupied sociality (Biggins and Kosoy 2001). observed in plagued colonies, gene flow habitat were found on the grassland’s It has been suggested that the may balance the effects of the sylvatic Carrizo Unit (Cully 1998). Data are not responses of black-tailed prairie dog plague by reintroducing levels of available from the Carrizo Unit for populations to plague may vary based variation in genetically depauperate subsequent years, but throughout the on their population density (Cully, post-plague colonies. * * * Given time, entire Comanche NG, 560 hectares USGS, pers. comm. 2002). The gene flow should erase the effects of (1,374 acres) of occupied habitat were likelihood of plague transmission in plague on genetic variability assuming present in 1998 (Sidle, USFS, in litt. prairie dogs from flea bites versus that colonies receive an adequate 1999). Occupied habitat at Comanche pneumonically from other prairie dogs number of migrants to reintroduce NG increased to 800 hectares (1,974 already infected is unknown, but is genetic variability and population size acres) in 1999 (Thompson, USFS, in litt. being investigated. It may be that is stable following recovery.’’ Roach et 2002), 1,760 hectares (4,342 acres) in survival of some individuals in low- al. (2001) noted that extinction and

VerDate jul<14>2003 14:27 Aug 17, 2004 Jkt 203001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1 51224 Federal Register / Vol. 69, No. 159 / Wednesday, August 18, 2004 / Proposed Rules

recolonization by black-tailed prairie considered a threat (since regulatory and synergistic effects were moderate, dogs in the presence of plague has not shooting was not considered a threat). imminent threats. No changes regarding increased genetic differentiation among The regulatory concerns as they the magnitude or immediacy of threat prairie dog colonies in north-central pertained to chemical control were from this factor were made in the 2001 Colorado. Dispersal has been adequate considered low, non-imminent threats. Candidate Assessment. In the 2002 to prevent genetic isolation. The regulatory concerns as they Candidate Assessment we concluded In 2003, monkeypox was detected in pertained to disease were considered a that chemical control was a moderate, pet prairie dogs in Wisconsin, Illinois, moderate, non-imminent threat. non-imminent threat. We concluded and Indiana. The source of the infection In this finding we have addressed the that synergistic effects likely impact the was a shipment of rodents from Africa. regulatory concerns as they relate to species; however, we were unable to The disease was never found in any disease in factor C. We have discussed quantify those effects and consequently wild prairie dogs or other wild rodents chemical control under factor E, and we described the effects as not a threat due (Center for Disease Control 2003). have dealt with recreational shooting to a lack of information. Consequently, we do not consider this under factor B. We have found disease Organized prairie dog control from disease to be a threat to black-tailed to be a low-level, non-imminent threat, 1916 to 1920 included the poisoning of prairie dogs. chemical control not to be a threat, and tens of millions of acres of western We continue to conclude that effects recreational shooting not to be a rangeland (Bell 1921). From 1937 to on black-tailed prairie dog populations significant threat. Given that these 1968, 12,331,178 hectares (30,447,355 due to predation are not a threat to the issues have not been identified as acres) of prairie dog occupied habitat persistence of the species. Our previous significant threats, there is no were controlled (Cain et al. 1972). Of the conclusions regarding the perceived immediate need to consider whether lands controlled from 1937 to 1968, 75 effects of plague on the persistence of efforts to regulate them are adequate. percent were treated by 1950, with an the species have been altered by We have considered the current status average of more than 650,000 hectares information indicating that—(1) High of State, Tribal, and Federal regulatory (1.6 million acres) treated annually. exposure doses of plague bacilli may be mechanisms, as well as any proposed From 1951 to 1968, the average amount necessary for disease contraction in changes. A description of these of prairie dog occupied habitat some individuals; (2) limited immune regulatory measures with a specific controlled annually decreased to response has been observed in some focus on recreational shooting, chemical approximately 174,000 hectares individuals; (3) a population dynamic control, and management goals designed (430,000 acres) per year. In the 1960s, may have developed in low-density, to ameliorate the influences of plague several States reached their lowest isolated populations that contributes to and other lesser impacts is included in estimates of black-tailed prairie dog the persistence of these populations; (4) the revised candidate assessment. occupied habitat. According to Cain et the apparent ability of some sites to During the past few years some States al. (1972), in the late 1960s the public recover to pre-plague levels after a and Tribes have made substantial became interested in Federal animal plague epizootic; and (5) approximately progress in initiating management control programs, including prairie dog one-third of the species’ historic range efforts for the black-tailed prairie dog, control, and this interest resulted in has not been affected by plague. Based including completing surveys to provide increased attention to ecological on both the new information above and more accurate estimates of occupied considerations. Several toxicants recent State-by-State range-wide habitat, drafting management plans, previously used for pest or predator estimates of occupied habitat that enacting laws that change the status of control were banned. In 1972, indicate species abundance, plague no the species from pest to a designation Compound 1080, which was used longer appears to be as significant a that recognizes the need for extensively in early prairie dog control threat as previously thought. We predict management, establishing regulations efforts, was banned by Presidential that plague will continue to influence that allow for better management of Executive Order 11643 for use on black-tailed prairie dog population recreational shooting, and setting future Federal lands, in Federal programs, or dynamics to a degree. However, we now goals for occupied habitat that will on private lands (Barko 1997). Although conclude that plague in combination address population management needs prairie dog control continued via other with other factors is not likely to cause for disease and other threats. While toxicants (zinc phosphide), it was at a the black-tailed prairie dog to become these efforts are important to black- reduced rate and with less effective an endangered species within the tailed prairie dog management, the poisons that required pre-baiting. foreseeable future. distribution, abundance, and trends data The last large-scale chemical control effort for black-tailed prairie dogs D. The Inadequacy of Existing indicate that inadequate regulatory occurred on the Pine Ridge/Oglala Regulatory Mechanisms mechanisms are not limiting black- tailed prairie dog populations at Sioux Reservation in South Dakota in In the 2000 12-month finding, we present, nor are they likely to within the the 1980s. This effort resulted in the concluded that the inadequacy of foreseeable future. Therefore, we now eradication of most prairie dogs on existing regulatory mechanisms was a conclude that these concerns do not rise approximately 185,740 hectares moderate, imminent threat. No changes to the level of a threat. (458,618 acres) of occupied habitat from regarding the magnitude or immediacy 1980 to 1984. From 1985 to 1986, 97,000 of threat from this factor were made in E. Other Natural or Manmade Factors hectares (240,000 acres) were re-treated our 2001 Candidate Assessment. In our Affecting the Continued Existence of the (Roemer and Forrest 1996). Estimates of 2002 Candidate Assessment, the threats Species occupied habitat have increased at Pine due to inadequate regulatory We consider chemical control of Ridge/Oglala Sioux Reservation from mechanisms were addressed separately black-tailed prairie dogs and synergistic approximately 8,000 to 12,000 hectares as they related to habitat curtailment, effects from all threats under this factor. (20,000 to 30,000 acres) in 1999 recreational shooting, disease, and Chemical control also is influenced by (Yellowhair, Pine Ridge Sioux Tribe, chemical control. The regulatory adequacy of regulatory mechanisms. pers. comm. 1999) to approximately concerns as they pertained to In the 2000 12-month finding we 36,000 to 40,000 hectares (89,000 to recreational shooting were not concluded that both chemical control 100,000 acres) in 2003 (South Dakota

VerDate jul<14>2003 14:27 Aug 17, 2004 Jkt 203001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1 Federal Register / Vol. 69, No. 159 / Wednesday, August 18, 2004 / Proposed Rules 51225

Department of Agriculture and SDDGFP to a central location (Roybal, U.S. APHIS to treat an estimated 1,000 2004; Miller 2004). Following control Environmental Protection Agency, in hectares (2,463 acres) (Leland, APHIS, efforts on Pine Ridge, three additional litt. 2002). We received limited in litt. 2002). APHIS was not the only extensive control efforts targeted for the information regarding sales of toxicants source of toxicants in Texas (Young, Cheyenne River Sioux and Rosebud from APHIS and from some State TPWD, in litt. 2002). Green (APHIS, in Sioux Reservations in South Dakota and agencies. This information is provided litt. 2002) reported that in 2002, APHIS Fort Belknap Reservation in Montana below. sold 127 kilograms (280 pounds) of zinc were halted due to concerns regarding APHIS provides technical assistance phosphide in North Dakota, 331 the lack of available black-footed ferret and conducts operational work in kilograms (730 pounds) in New Mexico, reintroduction sites. several States within the historic range and 590 kilograms (1,300 pounds) in The potential for future large-scale of the black-tailed prairie dog. While Montana. APHIS was not the only control efforts on Tribal lands may APHIS is only one avenue available to source of zinc phosphide in these affect the black-tailed prairie dog in landowners seeking chemical control States. In Oklahoma, the ODWC has South Dakota. The BIA is currently and provides only a partial picture of issued permits to control approximately considering some chemical control of control activities, some perspective 28 hectares (70 acres) (Duffy, ODWC, in rapidly expanding colonies on Tribal regarding general trends can be gained litt. 2003). Rosmarino (Forest Guardians lands. Black-tailed prairie dog from their records. For example, sales of et al. in litt. 2003a) reported on numbers populations at several of these sites are zinc phosphide oats in Colorado, of prairie dogs poisoned in urban areas the last remaining large complexes Montana, Nebraska, New Mexico, North along the Front Range of Colorado in (greater than 4,000 hectares/10,000 Dakota, Oklahoma, Texas, and Wyoming 2001 and 2002. If a density of 10 prairie acres) that have not experienced plague. totaled 2,062 kilograms (4,545 pounds) dogs per acre is assumed for this report The suggested intent of these proposed in 1998, 3,445 kilograms (7,595 pounds) and a number of 500 individuals is efforts would be to control some prairie in 1999, 3,647 kilograms (8,040 pounds) assumed where a quantity of dogs, particularly where they encroach in 2000, 3,223 kilograms (7,105 pounds) ‘‘hundreds’’ is given, approximately 570 on private lands, but allow core areas in 2001, and 5,933 kilograms (13,080 hectares (1,400 acres) were poisoned in that are suitable for potential black- pounds) in 2002 (Green, APHIS, in litt. 2001 and 900 hectares (2,200 acres) in footed ferret reintroduction efforts to 2002). APHIS has no operational 2002. Both of these estimates equate to remain intact. This approach is more programs in Kansas or South Dakota. less than 0.5 percent of the Statewide flexible and much less problematic than Statewide estimates of toxicant sales population of the species in Colorado at historic attempts to completely extirpate are available for Nebraska, South that time. populations. As noted earlier, the most Dakota, and Wyoming. The South When grain zinc phosphide bait is recent estimate of occupied habitat for Dakota Department of Agriculture sold applied according to directions, it can South Dakota for 2003 was 165,000 approximately 12,247 kilograms (27,000 result in an 80 to 90 percent reduction hectares (407,000 acres) with pounds) of zinc phosphide oat bait to in prairie dog numbers. The approximately 87,000 hectares (215,000 South Dakota and Nebraska in 2000, recommended application rate is 0.15 acres) occurring on tribal lands. 19,505 kilograms (43,000 pounds) in kilogram/0.4 hectare (0.33 pound/1 Recent chemical control efforts have 2001, 44,452 kilograms (98,000 pounds) acre) (Hygnstrom et al. 1994). When often been less successful than historic in 2002, and 61,235 kilograms (135,000 applied properly, aluminum phosphide efforts for a variety of reasons. Early pounds) in 2003 (Fridley, South Dakota can provide greater than 90 percent chemical control efforts were well- Department of Agriculture, in litt. 2004). control. Thus, some of the above funded, federally-directed efforts that At least 7,343 kilograms (16,189 numbers may indicate the potential for utilized efficient toxicants. Many pounds) of zinc phosphide bait was significant impacts to the species. For current control efforts are small-scale, purchased from South Dakota and example, if all of the product were privately funded and privately directed applied in Nebraska in 2002 (Hobbs, applied within the year of purchase at efforts. The result is localized effects APHIS, pers. comm. 2003). In addition the recommended application rate, without significant impacts on to legal control, numerous anecdotal approximately 164,000 hectares population dynamics range wide. reports have been received regarding (405,000 acres) would have been treated Available chemicals also are less illegal control activities; however, no in South Dakota and Nebraska in 2003. effective than early toxicants that are data are available to evaluate the scope In Wyoming, approximately 76,486 now banned. of these activities (Fritz, NGPC, in litt. hectares (189,000 acres) would have It is difficult to obtain accurate 2002). In Wyoming, sales of toxicants been treated in Wyoming in 2001 if all information regarding the use of were reported as ‘‘greatly increased of the oat bait were applied within the toxicants to control black-tailed prairie between 2000 and 2001, especially in year of purchase at the recommended dogs. The Environmental Protection counties such as Campbell, Weston, and application rate. It is unclear to what Agency, the Federal agency responsible Niobrara.’’ Statewide sales of zinc extent consumers are effectively for establishing labeling requirements phosphide increased from 3,643 to applying the toxicant they have on all pesticides, has been unable to 28,579 kilograms (8,031 to 63,007 available. provide any information regarding pounds). Aluminum phosphide Furthermore, site-specific and range- distribution or use. They have noted fumotoxin sales increased from 126 to wide data indicate the species’ that distribution and sale of a 713 flasks over the same period. Sales resiliency to the impacts of chemical proprietary pesticide is considered trends for 2002 also appeared to be on control. In the Pine Ridge/Oglala Sioux confidential trade information and the increase for most counties (Wichers, Reservation example discussed above, cannot be disclosed except in unusual WGFD, in litt. 2002). estimates occupied habitat increased circumstances. They also note that their Little information regarding the extent from approximately 8,000 to 12,000 offices do not have information on the of chemical control is available for other hectares (20,000 to 30,000 acres) in 1999 amount of bait sold or the acreage States. In Texas, it was reported that in to approximately 36,000 to 40,000 controlled. Applicators are required to 2002, 20,500 aluminum phosphide hectares (89,000 to 100,000 acres) in keep records for 3 years; however, they tablets and 295 kilograms (650 pounds) 2003. Other site-specific examples of are not required to submit these records of zinc phosphide oat bait were used by populations rebounding are discussed

VerDate jul<14>2003 14:27 Aug 17, 2004 Jkt 203001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1 51226 Federal Register / Vol. 69, No. 159 / Wednesday, August 18, 2004 / Proposed Rules

in the distribution, abundance, and 2000), and the 2001 and 2002 candidate does not meet the Act’s definition of a trends section of this document. Recent assessments and resubmitted petition threatened species. As a result we find range-wide data also show little findings (66 FR 54808, October 30, that the species is not in danger of evidence of permanent impacts from 2001, and 67 FR 40657, June 13, 2002, extinction in the foreseeable future and, chemical control. It is possible that respectively). On the basis of the best therefore, the petitioned action is not population densities may have been scientific and commercial information warranted. Thus we also no longer reduced on some lands due to chemical available, we find that the petitioned consider the species to be a candidate control. Additionally, black-tailed action to list the black-tailed prairie dog for listing. prairie dogs may have been extirpated under the provisions of the Endangered We will continue to monitor the from some specific sites. Although we Species Act is not warranted. status of the species, and to accept acknowledge extant and potentially State agencies now estimate additional information and comments significant local effects on some approximately 745,400 hectares from all concerned governmental populations, based on the new (1,842,000 acres) of occupied habitat agencies, the scientific community, information above and recent State-by- across 10 western States. This estimate industry, or any other interested party State range-wide estimates of occupied of the occupied habitat of black-tailed concerning this finding. We will habitat, we now conclude that impacts prairie dog has played a substantial role reconsider this determination in the on the black-tailed prairie dog due to in this decision. Previously, we focused event that new information indicates chemical control are not a threat to the attention on a few large black-tailed that the threats to the species are of a extent that the species could become prairie dog populations impacted by considerably greater magnitude or endangered in the foreseeable future. plague and extrapolated population imminence than identified here. We believe that synergistic effects losses at these sites across the species’ likely impact the black-tailed prairie entire range. Based on the updated References dog; however, we are unable to distribution, abundance, and trends A complete list of all references cited adequately describe and quantify these data, it appears that these extrapolations herein is available upon request from effects. Additionally, we are unaware of were not correct. Dramatic fluctuations the South Dakota Fish and Wildlife data from similar species in similar in the amount of black-tailed prairie dog Office, U.S. Fish and Wildlife Service ecological circumstances that would occupied habitat at specific large (see ADDRESSES). infer that similar influences would complexes may occur due to plague cause the status of the black-tailed epizootics or chemical control, but they Author prairie dog to meet the Act’s definition do not appear to influence range-wide The primary author of this finding is of a threatened species. species persistence. the South Dakota Fish and Wildlife The magnitude and immediacy of the Revised Petition Finding Office, U.S. Fish and Wildlife Service threat should be viewed pursuant to the staff (see ADDRESSES). We have carefully assessed the best definitions of the Act. To be considered scientific and commercial information a threat, a factor should be shown to Authority available regarding the past, present, play a significant role in the population The authority for this action is the and future threats faced by this species. dynamics of the species such that it is Endangered Species Act of 1973 (16 We reviewed the petition, information likely to become an endangered species U.S.C. 1531 et seq.). available in our files, other published within the foreseeable future throughout and unpublished information, and all or a significant portion of the range. Dated: August 12, 2004. information submitted to us following None of the five listing factors as Marshall P. Jones, Jr., our 90-day petition finding (64 FR described in section 4(a) of the Act and Acting Director, Fish and Wildlife Service. 14425, March 25, 1999)), the original 12- further described at 50 CFR 424.11 rise [FR Doc. 04–18872 Filed 8–17–04; 8:45 am] month finding (65 FR 5476, February 4, to this level of threat. Thus, the species BILLING CODE 4310–55–P

VerDate jul<14>2003 14:27 Aug 17, 2004 Jkt 203001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1