5476 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules

As required by section 3507(d) of the § 96.122 Application content and DEPARTMENT OF THE INTERIOR PRA, the Secretary has submitted a copy procedure. of this proposed rule to OMB for its * * * * * Fish and Wildlife Service review. Comments on the information (d) The application (in substantial collection requirements are specifically 50 CFR Part 17 compliance with the statutory and solicited in order to: (1) Evaluate regulatory provisions for the Block whether the proposed collection of Endangered and Threatened Wildlife information is necessary for the proper Grant) shall for fiscal years through and Plants; 12-Month Finding for a performance of HHS functions, fiscal year 2000, be submitted no later Petition To List the Black-Tailed Prairie including whether the information will than March 31 of the fiscal year for Dog as Threatened have practical utility; (2) evaluate the which the State is applying. Beginning with the fiscal year 2001 application, all AGENCY: Fish and Wildlife Service, accuracy of the HHS estimate of the Interior. burden of the proposed collection of required components for a complete information, including the validity of application must be submitted no later ACTION: Notice of 12-month petition the methodology and assumptions used; than October 1 of the fiscal year for finding. (3) enhance the quality, utility, and which Block Grant funding is being SUMMARY: We, the Fish and Wildlife clarity of the information to be requested. The submission date for the Service, announce a 12-month finding collected; and (4) minimize the burden report required by § 96.130(e) to be for a petition to list the black-tailed of the collection of information on those submitted with the application and/or prairie dog (Cynomys ludovicianus) as who are to respond, including the use the information required by § 96.134(b) threatened throughout its range under of appropriate automated, electronic, may be extended for good cause shown the Endangered Species Act of 1973, as mechanical, or other technological in a request signed by the official amended (Act). After reviewing all collection techniques or other forms of authorized to apply for the Block Grant available scientific and commercial information technology. funding on behalf of the State, or the information, we have determined that OMB is required to make a decision Governor. The State should request an listing this species is warranted but concerning the collection of information extension for only the amount of time precluded by other higher priority contained in these proposed regulations necessary. In no event will an extension actions to amend the Lists of between 30 and 60 days after be granted past December 31 of the Endangered and Threatened Wildlife publication of this document in the fiscal year for which application is and Plants. Upon publication of this Federal Register. Therefore, a comment made. All requests to extend the due notice of 12-month petition finding, the to OMB is best assured of having its full date must be submitted no later than black-tailed prairie dog will be added to effect if OMB receives it within 30 days September 1 of the prior fiscal year and our candidate species list. of publication. This does not affect the addressed to the same address as This decision is based on—the deadline for the public to comment to specified for the grant application. number, variety, and significance of HHS on the proposed regulations. Extension requests must state for which threats affecting the species, especially Organizations and individuals requirement an extension is sought, the sylvatic plague (an exotic disease to desiring to submit comments on the date of submission sought, why the which the species has no resistance) and information collection requirements State is unable to meet the October 1 inadequate regulatory mechanisms should direct them to the Office of due date, and discuss if there are steps (some areas mandate eradication); Information and Regulatory Affairs, the State will be able to take to avoid evidence of recent general population OMB. (address above). requiring an extension in future years, declines in a significant portion of the List of Subjects in 45 CFR Part 96 or if not, why not. Extension requests species’ range; and cumulative complying with these requirements will rangewide population data indicating Administrative practice and be acted upon no later than September overall population declines since 1980. procedure, Grant programs—health, 20 of the fiscal year prior to the year for DATES: The finding announced in this Health care. which application is to be made. Due document was made on February 4, Dated: January 31, 2000. date extensions regarding the § 96.130(e) 2000. Donna E. Shalala, report and regarding the § 96.134(d) ADDRESSES: You may submit data, Secretary. information shall only be granted in information, comments, or questions writing. In order for an applicant to concerning this finding to the Field For the reasons set forth in the have complied with the requirements of Supervisor, U.S. Fish and Wildlife preamble, the Department proposes to section 1932(a)(1) of the Public Health Service, 420 South Garfield, Suite 400, amend Subpart L of Part 96 of Title 45 Service Act (42 U.S.C. 300x-32(a)(2)), it Pierre, South Dakota 57501. You may of the Code of Federal Regulations as is necessary that the components of the inspect the petition finding, supporting follows: application have been submitted by the data, and comments by appointment PART 96ÐBLOCK GRANTS date indicated or as extended pursuant during normal business hours at the to the above. above address. The petition finding also Subpart LÐSubstance Abuse * * * * * will be available at the Service’s Region Prevention and Treatment Block Grant 6 website at . 1. The authority citation for Subpart BILLING CODE 4162±20±P FOR FURTHER INFORMATION CONTACT: L of Part 96 continues to read as follows: Pete Gober, Field Supervisor, South Dakota Authority: 42 U.S.C. 300x–21 to 300x–35 Field Office (see ADDRESSES section), and 300x–51 to 300x–64. telephone (605) 224–8693, extension 24, 2. Section 96.122 (d) is revised to read or facsimile (605) 224–9974. as follows: SUPPLEMENTARY INFORMATION:

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Background black-tailed prairie dog. This collection period closed November 3, On July 31, 1998, we received a information included a description of 1999. petition dated July 30, 1998, from the the species and its range, as well as We received approximately 14,500 comment letters during the National Wildlife Federation (National comments related to its population development of this finding. The Wildlife Federation 1998). The biology and trend. The Petitioner noted following summarizes the sources and Petitioner requested that we list the that the species still occurs general content of information we black-tailed prairie dog as threatened intermittently throughout most of its received. throughout its range. The Petitioner also historic range, although much reduced in numbers and in the amount of habitat All State wildlife agencies within the requested that the species be afforded historic range of the black-tailed prairie emergency listing. Section 4 of the Act that it occupies. The Petitioner contrasted reports that the black-tailed dog provided written comments on the and regulations at 50 CFR 424 do not prairie dog once occupied as much as petition. Two State agriculture provide for petitions to request the 100–200 million acres (ac) (40–80 departments (New Mexico and listing of species on an emergency basis. million hectares (ha)) of the western Wyoming) and two State Legislatures However, section (4)(b)(7) of the Act and North American prairie with current (North Dakota and Wyoming) also the Service’s Listing Priority Guidance estimates of occupied habitat and provided comments. In general, the (63 FR 25502) direct that all petitions concluded that the species’ habitat has States opposed listing the black-tailed are to be reviewed to determine if an been reduced by at least 99 percent. The prairie dog but supported the emergency listing is appropriate. We Petitioner attributed reductions in development of conservation measures determined and advised the Petitioner occupied habitat to habitat loss and for the species. Most information by letter dated August 27, 1998, that it degradation related to the conversion of provided by the States focused on would be inappropriate to list this prairie grasslands to farmland, extensive policy and jurisdictional concerns species on an emergency basis given its control, disease, urban development, rather than on information related to the then known status. On September 16, unregulated shooting, and other factors. biological status of the species. 1999, the Petitioner requested that we On August 26, 1998, we received State wildlife agencies and other readdress this issue based on reports of another petition regarding the black- interested parties also developed a increased control efforts (Graber, tailed prairie dog from the Biodiversity Strategy for conservation of the black- National Wildlife Federation, in litt. Legal Foundation, the Predator Project, tailed prairie dog (Van Pelt in prep.). 1999). We have reevaluated information and Jon C. Sharps (Biodiversity Legal The actions identified in the current available regarding this subject and Foundation et al. 1998). They requested draft of this Strategy remain tentative determined that emergency listing of the that we list the black-tailed prairie dog and do not at this time confer any species is not appropriate at this time. as threatened throughout its known improved status for the species. Eight of Section 4(b)(3)(A) of the Act requires historic range in the contiguous United the 11 participating State wildlife that, for any petition to revise the List States. We accepted this second request agencies have signed a Memorandum of of Threatened and Endangered Species as supplemental information to the Understanding for the purpose of containing substantial scientific and National Wildlife Federation petition. implementing the States’ Strategy for commercial information that listing may The Biodiversity Legal Foundation et al. the black-tailed prairie dog. At this time, be warranted, we make a positive 90- (1998) provided estimates of historic the strategy does not include day finding and initiate a status review and current distribution of the black- participation by the States of New of the species. We published a notice of tailed prairie dog, both regionally and Mexico, North Dakota, and Colorado, a positive 90-day finding on the subject by State. They noted that the species’ other State (non-wildlife) agencies, petition in the Federal Register on populations are impacted by eradication Federal agencies, Tribal agencies, or any March 25, 1999 (64 CFR 14425). programs, sylvatic plague, recreational private interests. We recognize the Accordingly, the subject petition shooting, land conversion, and natural significant effort that went into the requires a 12-month administrative predation. The Biodiversity Legal development of this strategy, and we finding pursuant to section 4(b)(3)(B) on Foundation (1999) also developed and believe that the strategy is a positive whether the petitioned action is—(I) not submitted a potential plan for black- step in addressing the conservation warranted, (ii) warranted, or (iii) tailed prairie dog conservation. needs of the black-tailed prairie dog. At warranted but precluded from The notice of a 90-day finding that a this early stage in development of the immediate proposal by other higher petition to list the black-tailed prairie strategy, the document lacks priority efforts to revise the List of dog presented substantial information commitments to specific immediate Threatened and Endangered Species. that appeared in the Federal Register on actions that would affect the status of When we find a petition to list a species March 25, 1999 (64 FR 14424). In this the species. We will continue working is warranted but precluded, the species notice, we requested that any additional with the States and other interested is designated a candidate species. scientific information relevant to a parties to support the coordinated We believe that sufficient information proposed 12-month administrative conservation efforts of the States. is currently available to support a finding be submitted to us by May 24, Three Tribes in South Dakota finding that listing the black-tailed 1999. We published a notice in the provided written comments on the prairie dog as threatened is warranted, Federal Register on June 4, 1999 (64 FR petition—the Cheyenne River Sioux but that a proposed rule at this time is 29983), that reopened this period for an Tribe, the Crow Creek Sioux Tribe, and precluded by work on other higher additional 45 days, through July 19, the Rosebud Sioux Tribe. Information priority listing actions. We will 1999. On October 4, 1999, we again was provided by these Tribes regarding reevaluate the status of the species in 1 published a notice that we would accept distribution and abundance and existing year. The information contained in this additional information, especially regulatory mechanisms on and notice is a summary of the information pertaining to a draft black-tailed prairie adjoining their respective Tribal lands. in the 12-month finding. dog Conservation Assessment and Several Federal agencies provided The National Wildlife Federation Strategy (Strategy) developed by various written comments on the petition. The petition presented extensive States and its effect on the status of the Bureau of Indian Affairs (BIA) information regarding the biology of the species (64 FR 53655). This information supported conservation measures and

VerDate 272000 00:38 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM pfrm12 PsN: 04FEP1 5478 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules acknowledged a possible need to list the Strategy, most expressing the view that individual ranges from 1 to 3 pounds. species. The U.S. Forest Service the proposed measures were sufficient Individual appearances within the provided supplemental information to avoid listing and that State species vary in mixed colors of brown, regarding the current status of black- management was preferable to Federal black, gray, and white. The black-tipped tailed prairie dogs on National management. The remaining 3 of the 84 tail is characteristic (Hoogland 1995). Grasslands (Sidle, U.S. Forest Service, commenters did not express a position. Black-tailed prairie dogs are diurnal, in litt. 1999). The National Park Service burrowing animals and spend most of Taxonomy provided information on its control the day above ground. They do not efforts and noted its preference for the Five species of prairie dogs occur in hibernate as do white-tailed, development and implementation of North America. Prairie dogs are rodents Gunnison’s, and Utah prairie dogs cooperative management strategies within the squirrel family (Sciuridae) (Hoogland 1995, Tileston and among State, Tribal, and Federal and include the black-tailed prairie dog, Lechleitner 1966). The species is very agencies rather than a listing of the the white-tailed prairie dog (Cynomys social, living in population aggregations species. The Corps of Engineers Omaha leucurus), the Gunnison’s prairie dog (C. called colonies, towns, or villages (King District also reviewed information gunnisoni), the Utah prairie dog (C. 1955). Groups of colonies comprise a provided in the petition, but had no parvidens), and the Mexican prairie dog complex. Historically, they generally specific comments. (C. mexicanus) (Pizzimenti 1975). The occurred in large colonies that Twenty-three county agencies (county Utah and Mexican prairie dogs are contained thousands of individuals, commissions and weed/pest councils) currently listed as threatened (49 FR covered hundreds of thousands of acres, in Colorado, Montana, Nebraska, South 22339) and endangered (35 FR 8495), and extended for miles (Bailey 1905). Dakota, and Wyoming provided written respectively. Generally the black-tailed This description is no longer accurate comments on the petition. All county prairie dog occurs east and north of the for existing black-tailed prairie dog agencies were opposed to listing the other four species in less arid habitat. populations; most colonies are now species. Economic considerations were Some scientific literature describes a much smaller. a common concern in these comment subspecies (Cynomys ludovicianus The colonial behavior of prairie dogs, letters. Because the Act directs that only arizonensis) of the black-tailed prairie especially the black-tailed prairie dog, is biological considerations are to be dog. This subspecies, found in a significant characteristic of the addressed in the listing process, we northeastern Mexico (Ceballos et al. species. Colonial behavior offers an cannot address economic considerations 1993), is extirpated in Arizona effective defense mechanism by aiding in review of this petition. (Alexander 1932; Bureau of Sport in the detection of predators and One hundred forty-four organizations Fisheries and Wildlife 1961; Van Pelt, deterring predators through mobbing (wildlife/conservation or livestock/land Arizona Game and Fish Department, in behavior. It increases reproductive management organizations) provided litt. 1998) and has a remnant population success through cooperative rearing of written comments on the petition. in southwestern New Mexico (Hall and juveniles and aids parasite removal via Forty-two wildlife/conservation Kelson 1959) and in the Trans-Pecos shared grooming. However, it also has organizations supported listing of the region of Texas (Davis 1974, Hall and been noted that this behavior promotes black-tailed prairie dogs. Eighty-seven Kelson 1959). A complex of this the transmission of disease, which can livestock/land management subspecies in Chihuahua, Mexico, significantly suppress populations organizations were opposed to listing comprises the largest remaining prairie (Olsen 1981, Hoogland 1995). the species. Fifteen organizations dog complex of any prairie dog species Several biological factors determine provided recommendations but did not (Ceballos and Pacheco 1997). the reproductive potential of the black- indicate a position. The remainder of the species is found tailed prairie dog. Females usually do Over 14,300 individuals provided in eastern Montana, eastern Wyoming, not breed until their second year and written comments on the petition. eastern Colorado, eastern New Mexico, live 3–4 years (Hoogland 1995, King Approximately 90 percent of all southwestern North Dakota, western 1955, Knowles and Knowles 1994). individuals supported listing the black- and central South Dakota, western and Females of the species produce a single tailed prairie dog as threatened. The central Nebraska, western and central litter, usually 4–5 pups, annually issues most frequently noted in these Kansas, western and central Oklahoma, (Hoogland 1995, Knowles and Knowles letters were impacts from the loss of 99 northwestern Texas, and southwestern 1994). Prairie dog dispersal is usually percent of the species’ habitat, Canada. Although some literature limited to approximately 3 miles (5 recreational shooting, control, and describes a subspecies, the research that kilometers) or less, and individuals disease. Individuals opposed to listing has focused on evolutionary divergence dispersing from home colonies generally the species most frequently expressed (genetic segregation and differentiation move into an established colony rather the view that adequate numbers of the within a taxon) supports categorizing than attempting to initiate a new colony species exist, the species is able to the black-tailed prairie dog as a (Garrett and Franklin 1988, Hoogland reproduce rapidly in response to monotypic species. Based on this 1995). These limitations could restrict adverse impacts, sport shooting does not research we do not consider this recruitment of animals into small and impact the species, and adverse subspecies separation to be valid. We declining isolated populations and favor economic impacts can occur if the consider the species as being the reestablishment of individuals in species is not controlled. monotypic. For the remainder of this nearby, recently abandoned colonies We received approximately 9,000 notice, the use of the common name over the establishment of new, more letters during the third comment period ‘‘black-tailed prairie dog’’ includes both distantly located colonies. (October 4 to November 3, 1999). Of varieties discussed above. these, 84 mentioned the States’ Strategy, Ecology 25 of which opposed the States’ Biology The extent to which the black-tailed Strategy, mostly due to a perceived lack Prairie dogs are small, stout ground prairie dog is affected by other species, of specific conservation measures and squirrels. The total length of an adult particularly ungulates, is largely reliance on future, voluntary actions. black-tailed prairie dog is approximately unknown. The black-footed ferret Fifty-six letters supported the States’ 14–17 inches. The weight of an (Mustela nigripes), swift fox (Vulpes

VerDate 272000 00:38 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM pfrm12 PsN: 04FEP1 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules 5479 velox), mountain plover (Charadrius United States. Seton (1953) estimated cost involved. We believe that a review montanus), ferruginous hawk (Buteo that, in the late 1800s, 5 billion black- of various estimates of occupied habitat regalis), burrowing owl (Athene tailed prairie dogs existed over their area provides the best available and cunicularia), and numerous other entire range of 600,000 square miles most reasonable means of determining species are dependent upon prairie dogs (384 million ac or 155.5 million ha). population trends for the species. to varying degrees. Although reports Miller et al. (1996) and Mulhern and The U.S. Geological Survey estimated vary as to those species that require Knowles (1995) provided a range for that the black-tailed prairie dog may prairie dogs for their survival, at least 9 historic occupied habitat by all species occupy less than 0.5 percent of its species depend directly on prairie dogs of prairie dogs of 99 million-247 million original range and has experienced an or their activities to some extent, and ac (40 million-100 million ha). estimated 98 percent decline in another 137 species are associated Anderson et al. (1986) noted that, as a population abundance throughout North opportunistically (Kotliar et al. 1999). conservative estimate for the early America (Mac et al. 1998). It notes that The most obligatory species of this 1900s, 104 million ac (42 million ha) of the amount of occupied habitat has group is the endangered black-footed rangeland may have been occupied by declined from approximately 100 ferret. Probably no other species has a all species of prairie dogs. Black-tailed million ac (40.5 million ha) in the late more clearly documented dependence prairie dogs had the most extensive 1800s to less than 1 million ac (0.4 on another species than does the black- range of all the species of prairie dogs million ha) at present; a decline of over footed ferret on the prairie dog and probably occupied more area than 99 percent. Barko (1997), Fagerstone (Anderson et al. 1986, Biggins et al. all other species combined (Hoogland and Ramey (1996), Knowles (1998), 1986, Clark 1989, Forrest et al. 1988, 1995). Estimates of historic black-tailed Mulhern and Knowles (1995), and Henderson et al. 1974, Hillman 1968, prairie dog occupied habitat of Wuerthner (1997) concluded that a Miller et al. 1996). approximately 79 million ac (32 million reduction of approximately 94–99 ha) in the United States by the Black- percent in the amount of occupied Rangewide Distribution footed Ferret Recovery Foundation (in habitat within this range has occurred The historic range of the black-tailed litt. 1999) and of approximately 111 since about 1900. State wildlife agencies prairie dog included portions of 11 million ac (45 million ha ) by Knowles generally confirm this decline, but some States, Canada, and Mexico. Today it (1998) provide a reasonable historic point out that disproportionately more occurs from extreme southern Canada to range for black-tailed prairie dog occupied habitat remains in some areas northeastern Mexico and from occupied habitat. It is apparent that than in others. approximately the 100th meridian west regardless of which estimate is Some increases in the amount of to the Rocky Mountains. The species is considered, tens of millions of acres of occupied habitat in some areas occurred currently present in 10 States including occupied habitat once existed in the subsequent to the Executive Order Colorado, Kansas, Montana, Nebraska, United States. banning the use of compound 1080 (a New Mexico, North Dakota, Oklahoma, At present, the black-tailed prairie toxicant) in 1972. These increases South Dakota, Texas, and Wyoming. It dog may be found scattered in remnant appear to have been limited in later has been extirpated in Arizona since as populations throughout much of the years by the use of other toxicants such early as 1932 (Alexander 1932). We range that it once occupied. A as zinc phosphide, the continuing believe that significant range significant portion of existing occupied spread of sylvatic plague, and other contractions have occurred in the habitat rangewide occurs in a few large factors (Knowles 1998). Moreover, the southwestern portion of the species’ complexes. Approximately 36 percent of majority of these increases historic range in Arizona, western New the remaining occupied habitat for the (approximately 85 percent) occurred in Mexico and western Texas, and in the species in North America occurs in areas (Montana, South Dakota, and eastern portion of the species’ historic seven complexes, each larger than Wyoming) where significant impacts range in Kansas, Nebraska, Oklahoma, 10,000 ac (4,000 ha). We believe that due to disease had not yet occurred. South Dakota, and Texas. These range approximately 768,000 ac (311,000 ha) Survey efforts in some areas have contractions represent approximately 20 of occupied habitat currently exists noted significant declines in the amount percent of the species’ original range. rangewide. This estimate is based on the of black-tailed prairie dog occupied Only a few individuals or none remain sum of Service estimates from various habitat over the last few decades. For in these areas. Approximately 37 States, from Canada, and from Mexico, example, the U.S. Forest Service has percent of the species’ potential habitat as discussed under the ‘‘Statewide mapped black-tailed prairie dog in the United States has been converted Distribution, Trends, and Abundance’’ colonies within the Northern Great to cropland (Black-footed Ferret section of this document. Plains National Grasslands in North Recovery Foundation, in litt. 1999). This Dakota, South Dakota, Wyoming, and Rangewide Trends habitat loss is essentially permanent and Nebraska. These grasslands, covering not considered a range contraction in Most estimates of prairie dog approximately 3.7 million ac (1.5 the usual sense occurring at the population trends are not based on million ha), included a maximum of periphery of a species’ range. Although numbers of individuals, but on the 86,220 ac (34,890 ha) of black-tailed the species will occupy abandoned amount of occupied habitat for the prairie dog occupied habitat in the tilled ground, these lands are generally species. The actual number of animals 1970s to the 1990s. In 1997, the U.S. unavailable for use by the species present depends upon the density of Forest Service mapped 39,420 ac because the land is continuously animals in that locality. Estimates of (15,965 ha) of occupied habitat in the disturbed and thus the habitat is lost black-tailed prairie dog density across same areas, indicating a 54 percent permanently. the species’ range vary seasonally, but decline (U.S. Forest Service 1998). Data range from 2 to 18 individuals per ac (5 provided by the U.S. Forest Service in Rangewide Abundance to 45 individuals per ha) (Fagerstone 1999 confirmed losses in occupied Historically, black-tailed prairie dogs and Ramey 1996, Hoogland 1995, King habitat for the National Grasslands with were one of the most conspicuous and 1955, Koford 1958, Miller 1996). Most a 58 percent decline from the 1970s to characteristic residents of the short- prairie dog surveys do not estimate the present (Sidle, U.S. Forest Service, grass and mixed-grass prairies of the density because of the high effort and in litt. 1999).

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Lockhart (U.S. Fish and Wildlife noted after 1972. However, in most of remnant occupied habitat. However, Service, in litt. 1998) reported that the western States, populations have we believe that trends at specific recovery program for the black-footed declined since the 1980s, most likely locations within the State (a 50 percent ferret has identified large prairie dog due to sylvatic plague. In the eastern decline in Denver Metropolitan Area complexes potentially useful for part of the range, where plague has not from 1994 to 1998 (Seery, U.S. Fish and reintroduction of the ferret. Both black- yet occurred, similar declines have not Wildlife Service, pers. comm. 1998), a tailed and other prairie dog species are been observed. These trends are 70 percent decline at Rocky Mountain considered. One necessary criteria for discussed below by State. We have Arsenal National Wildlife Refuge from these sites is that they contain evaluated all historic and current data 1988–1999 (Seery and Matiatos, in approximately 10,000 ac (4,000 ha) of and information available on the press), and a 90 percent decline at occupied habitat. In the late 1980s, the species’ abundance and trends. Several Comanche National Grasslands from Black-footed Ferret Interstate estimates of black-tailed prairie dog 1995 to 1998 (Cully 1998), indicate that Coordinating Committee identified occupied habitat were available for each there has likely been a statewide decline dozens of potential sites that may have State. The dates, methodologies, and in recent years (despite periodic limited qualified as suitable for ferret recovery. ultimately the reliability of these recovery) and that these declines may Black-tailed prairie dog populations at estimates varied. Generally, our estimate continue. These declines have largely these sites appear to have been reduced of current occupied habitat for each been attributed to sylvatic plague. We by as much as 90 percent within the last State is the most recently reported estimate that 93,000 ac (43,000 ha) of 15 years. By 1994 only 16 sites were estimate with the most reliable black-tailed prairie dog occupied habitat identified, and by 1998 this number was methodology (Arizona, Montana, currently exist statewide. reduced to 10 sites (7 being black-tailed Nebraska, North Dakota, Oklahoma, In Kansas, black-tailed prairie dogs prairie dog sites). Although the overall South Dakota, Canada, and Mexico). For historically occurred on suitable habitat trend is a large-scale reduction, States where a range (Wyoming) or two throughout the western two-thirds of the population increases have been reliable estimates were available State (Hall and Kelson 1959, Smith observed at some locales. These (Kansas), we used the midpoint. For 1958). Presently, the species appears to declines have occurred largely in the States where no recent estimate with be scattered throughout generally the western portion of the species’ range adequate methodology was available same area, except that the eastern limit and are generally attributed to sylvatic (Colorado, New Mexico, and Texas), we of the range appears to have shifted plague. These declines may be extrapolated from older estimates. We westward approximately 30–50 miles representative of the overall population rounded all our estimates to the nearest (50–80 kilometers) (Vanderhoof and dynamics of the species in many areas. 1,000 ac. Robel 1992). Statewide estimates of However, populations in some other In Arizona, black-tailed prairie dogs occupied habitat for Kansas range from areas in the eastern portion of the existed in the southeastern portion of 2.5 million ac (1 million ha) historically species’ range where plague is mostly the State prior to eradication efforts to 36,000 ac (15,000 ha) in 1998 absent have increased marginally or (Hall and Kelson 1959). The species is (Knowles 1998). We estimate that remained generally constant during the extirpated at present in the State. 42,000 ac (17,000 ha) of black-tailed same period. Approximately 2 percent of occupied prairie dog occupied habitat currently Approximately 66 percent, or 300 habitat in the United States may have exist statewide. million ac (122 million ha), of the black- existed in Arizona historically. We We believe that occupied habitat in tailed prairie dog range in the United believe that intensive grazing at the turn Kansas has declined significantly from States is affected by sylvatic plague of the last century may have caused historic estimates, but has likely been (Black-footed Ferret Recovery occupied habitat to expand in Arizona stable to slightly declining in recent Foundation, in litt. 1999). This area and that control may have been the years. The most recent statewide survey includes the western portions of the principal factor that subsequently is from 1992 (Vanderhoof and Robel species’ range. Another important factor suppressed populations. Shrub invasion 1992). However, in 1996 sylvatic plague that has affected the species is the also may have limited recovery. The was documented in Kansas on the conversion of rangeland to cropland, species largely disappeared from the Cimarron National Grasslands (Cully, especially in the eastern portion of the State prior to the documented U.S. Geological Survey, Biological species’ range. Conversion of native occurrence of sylvatic plague in the Resources Division, pers. comm. 1998). prairie to cropland has largely State (Shroufe, Arizona Game and Fish Therefore, occupied habitat may decline progressed across the species’ range Department, in litt. 1999). However, if sylvatic plague impacts continue and/ from east to west with more cropland plague is an additional factor that could or spread to other areas of the State. occurring in the eastern portion of the affect the future viability of the species In Montana, black-tailed prairie dogs species’ range. In the plague-free portion in Arizona. historically occurred on suitable habitat of the species’ range, less than 33 In Colorado, black-tailed prairie dogs in the eastern two-thirds of the State percent of the species’ historic range is historically occurred on suitable habitat (Flath and Clark 1986), with the available to the species (Black-footed east of the Rocky Mountain foothills exception of the northeastern corner of Ferret Recovery Foundation, in litt. (Hall and Kelson 1959, Torres 1973). the State (Hall and Kelson 1959). One of 1999). Therefore, only approximately 10 Presently, the species appears to be the seven large remaining black-tailed percent of the black-tailed prairie dog scattered in remnant populations prairie dog complexes occurs in historic range is both plague-free and throughout the same area. Statewide Montana. Statewide estimates of available (not cropland) to the species. estimates of occupied habitat noted for occupied habitat for Montana range The majority of plague-free, suitable Colorado range from 7 million ac (2.8 from 6 million ac (2.4 million ha) range occurs in South Dakota. million ha) historically to 44,000 ac historically (Knowles 1998) to 28,286 ac (18,000 ha) in 1998 (Knowles 1998). (11,456 ha) in 1961 (Bureau of Sport Statewide Distribution, Abundance, We believe that occupied habitat in Fisheries and Wildlife 1961). The and Trends Colorado has declined significantly Montana Department of Fish, Wildlife, In some parts of the species’ range, from historic estimates. There is a large and Parks believes that historic statewide population increases were disparity in recent statewide estimates estimates are inaccurate (Graham,

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Montana Department of Fish, Wildlife, prairie dog occupied habitat currently the State has experienced a slow, steady and Parks, in litt. 1998). The most recent exist statewide. decline (Shackford et al. 1990). estimate of occupied habitat is 66,000 ac We believe that occupied habitat in Statewide, populations have been (26,000 ha) (Montana Department of New Mexico has declined significantly reduced by 50 percent in the last 10 Fish, Wildlife and Parks in prep.). We from historic estimates. Following the years (Lomolino, in litt. 1999). estimate that 65,000 ac (26,000 ha) of toxicant ban in 1972, increases in In South Dakota, black-tailed prairie black-tailed prairie dog occupied habitat occupied habitat appear to have dogs historically were found throughout currently exist statewide. occurred. However, declines in all but the eastern one-fourth of the We believe that occupied habitat in occupied habitat have likely occurred in State (Hall and Kelson 1959, Linder et Montana has declined significantly from more recent years (Maracchini, New al. 1972). Presently the species appears historic estimates. Following a major Mexico Department of Game and Fish, to be scattered throughout the same reduction in occupied habitat from in litt. 1998). area, with the majority of occupied approximately 1900 to 1961, black- In North Dakota, black-tailed prairie habitat on Tribal or Federal lands west tailed prairie dog populations in the dogs historically occurred on suitable of the Missouri River and small State apparently expanded from 1961 to habitat in the southwestern third of the scattered populations elsewhere. Four of 1986 and then experienced significant State, west of the Missouri River (Hall the seven remaining large black-tailed declines due to sylvatic plague. The and Kelson 1959). Presently, the species prairie dog complexes occur in South Montana Department of Fish, Wildlife, appears to be scattered throughout the Dakota. Statewide estimates of occupied and Parks (1998) noted that occupied same area. Statewide estimates of habitat for South Dakota range from habitat declined by approximately 50 occupied habitat for North Dakota range more than 1,757,000 ac (712,000 ha) percent from the estimates of the late from 2 million ac (810,000 ha) historically, following the initiation of 1980s, largely due to sylvatic plague. historically (Knowles 1998) to intensive control efforts in 1918 (Linder In Nebraska, black-tailed prairie dogs approximately 7,000 ac (2,800 ha) as a et al. 1972), to 33,000 ac (13,000 ha) in historically occurred on suitable habitat conservative estimate in 1973 (Grondahl 1961 (Bureau of Sport Fisheries and throughout most of the State west of the 1973). The most recent estimate of Wildlife 1961). The most recent estimate 97th meridian (Hall and Kelson 1959, occupied habitat is a preliminary of occupied habitat in the State is a Knowles 1995). Presently, the species estimate of approximately 25,000 ac preliminary estimate of 147,000 ac appears to be scattered throughout the (10,000 ha), based on aerial surveys (60,000 ha), based on aerial surveys same area, but at much reduced (Sidle, U.S. Forest Service, pers. comm. (Sidle, U.S. Forest Service, pers. comm. numbers, especially east of the 99th 1999). We estimate that 25,000 ac 1999). We estimate that 147,000 ac meridian. Statewide estimates of (10,000 ha) of black-tailed prairie dog (60,000 ha) of black-tailed prairie dog occupied habitat noted for Nebraska occupied habitat currently exist occupied habitat currently exist range from 6 million ac (2.4 million ha) Statewide. Statewide. historically (Knowles 1998) to 30,000 ac We believe that occupied habitat in We believe that occupied habitat in (12,000 ha) in 1961 (Bureau of Sport North Dakota has declined significantly South Dakota has declined significantly Fisheries and Wildlife 1961). The most from historic estimates, but has likely from historic estimates, with notable recent estimate of occupied habitat is been fairly stable to increasing recovery from 1961–1980 (Bureau of 60,000 ac (24,000 ha) (Knowles 1998). (McKenna, North Dakota Game and Fish Sport Fisheries and Wildlife 1961, We estimate that 60,000 ac (24,000 ha) Department, in litt. 1999) in recent Tschetter 1988). Thereafter, extensive of black-tailed prairie dog occupied years. The amount of occupied habitat control efforts at Pine Ridge Reservation habitat currently exist statewide. in North Dakota is relatively small and elsewhere in the 1980s resulted in We believe that occupied habitat in compared to other States in the northern a significant decline in occupied Nebraska has declined significantly Great Plains. habitat. Subsequently, occupied habitat from historic estimates and has likely In Oklahoma, black-tailed prairie dogs has remained fairly stable. More been stable to slightly declining in historically occurred on suitable habitat unoccupied, but available, habitat recent years (Amack, Nebraska Game in the western two-thirds of the State appears to remain in South Dakota than and Parks Commission, in litt. 1999). (Hall and Kelson 1959). Presently, the in other States. This stability may be due to the fact that species is largely limited to the In Texas, black-tailed prairie dogs sylvatic plague does not appear to be panhandle (Shaw et al. 1993, Tyler historically occurred on suitable habitat widespread in the State, although it has 1968, Wuerthner 1997), although throughout the northwestern one-third been documented in the northwestern scattered remnant populations occur in of the State (Bailey 1905, Hall and portion of the State where it has the western half of the State outside of Kelson 1959). Presently, the species impacted some black-tailed prairie dog the panhandle (Shackford et al. 1990). occurs largely in the western portion of populations (Virchow et al. 1992). Statewide estimates of occupied habitat the panhandle. Some scattered remnant In New Mexico, black-tailed prairie noted for Oklahoma range from 950,000 populations exist in the Trans-Pecos dogs historically occurred on suitable ac (385,000 ha) historically (Knowles Region of western Texas. Statewide habitat throughout the southern and 1998) to less than 8,600 ac (3,500 ha) in estimates of occupied habitat range from eastern two-thirds of the State (Bailey 1998 (Lomolino, University of 58 million ac (23 million ha) historically 1932, Hall and Kelson 1959). Presently, Oklahoma, in litt. 1999). We estimate to 23,000 ac (9,000 ha ) in 1998 the species appears to exist in remnant that 9,000 ac (3,600 ha) of black-tailed (Knowles 1998). We estimate that populations in scattered locations, prairie dog occupied habitat currently 71,000 ac (29,000 ha) of black-tailed generally east of the Pecos River exist Statewide. prairie dog occupied habitat currently (Findley et al. 1975). Statewide Populations in the panhandle have exist Statewide. estimates of occupied habitat noted for experienced significant declines in the We believe that occupied habitat in New Mexico range from over 6,640,000 past 10 years, although with limited Texas has declined significantly from ac (2,690,000 ha) historically (Bailey recovery (Lomolino, University of historic estimates. However, based upon 1932) to 15,000 ac (6,000 ha) in 1998 Oklahoma, in litt. 1999). These declines the limited amount of information (Knowles 1998). We estimate that were likely due to plague. The amount available, we believe that occupied 39,000 ac (16,000 ha) of black-tailed of occupied habitat in the remainder of habitat increased following the toxicant

VerDate 272000 00:38 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM pfrm12 PsN: 04FEP1 5482 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules ban in 1972 and that populations may small region in northern Chihuahua. Montana (Knowles et al. 1996, Lessica have remained fairly stable since the The largest remaining black-tailed 1995) and irrigated croplands in Mexico late 1970s (Cheatheam 1977, Lair and prairie dog complex occurs in Mexico. (List et al. 1997). List et al. (1997) Mecham 1991). Estimates of occupied habitat in Mexico reported that occupied habitat in In Wyoming, black-tailed prairie dogs range from 1,384,000 ac (560,000 ha) Mexico declined by 34 percent between historically occurred on suitable habitat historically (Mearns 1907 as cited in 1988 and 1996, in part due to east of the Rocky Mountain foothills Ceballos et al. 1993) to 90,000 ac conversion to cropland. (Clark 1973, Hall and Kelson 1959) (36,000 ha) in 1996 (List et al. 1997). We Habitat loss also has occurred due to below approximately 5,500 feet (1,676 believe that the List et al. (1997) urbanization. One example of the meters) elevation (Van Pelt in prep.). estimate of 90,000 ac (36,000 ha) of present and threatened destruction of Presently, the species appears to be currently existing black-tailed prairie black-tailed prairie dog occupied habitat scattered throughout the same area. One dog occupied habitat in Mexico is due to urban development is apparent of the seven remaining large black-tailed accurate. along the Front Range of Colorado near prairie dog complexes occurs in We believe that occupied habitat in Denver. In 1994, 42,500 ac (17,200 ha) Wyoming. Statewide estimates of Mexico has declined significantly from of occupied habitat were mapped in the occupied habitat for Wyoming range historic estimates and that this decline Denver/Boulder/Fort Collins from 16 million ac (6.5 million ha) continues. Decline appears to be due metropolitan area (Skiba, Colorado historically (Knowles 1998) to 49,000 ac primarily to cropland conversion. From Division of Wildlife, pers. comm. 1999). (20,000 ha) in 1961 (Bureau of Sport 1988 to 1996, the geographic range of Knowles (1998) estimated that occupied Fisheries and Wildlife 1961). The most the species in Mexico contracted 80 habitat has declined by approximately recent estimate is 70,000–180,000 ac percent and the amount of occupied 8,000 ac (3,200 ha) since the initial (28,000–73,000 ha) in 1998 (Knowles habitat decreased by 34 percent (List et mapping effort, due to urbanization. An 1998). We estimate that 125,000 ac al. 1997). Colony fragmentation has evaluation of the specific impact of (51,000 ha) of black-tailed prairie dog occurred in previously surveyed black- urbanization is difficult because sylvatic occupied habitat currently exist tailed prairie dog colonies, reducing the plague also has significantly affected Statewide. size of towns and increasing their populations in this area in recent years We believe that occupied habitat in isolation. (Weber, Colorado Division of Wildlife, Wyoming has declined significantly pers. comm. 1998). Summary of Factors Affecting the from historic estimates. Increases in Habitat modification and loss due to Species occupied habitat occurred following the the absence of black-tailed prairie dogs toxicant ban in 1972. However, we Section 4 of the Act and regulations can be anticipated in the prairie believe that recent declines, largely due (50 CFR part 424) promulgated to ecosystem where populations have been to impacts from sylvatic plague, are implement the listing provisions of the extirpated or significantly reduced in likely to continue. Act set forth the procedures for adding number. Weltzin et al. (1997) species to the Federal lists. A species determined that black-tailed prairie Canada Distribution, Abundance, and may be determined to be an endangered dogs, and the herbivores and granivores Trends or threatened species due to one or more associated with their colonies, probably Historically, black-tailed prairie dogs of the five factors described in section maintained grassland and savanna occurred on suitable habitat in 4(a)(1). These factors and their historically by preventing woody southernmost Saskatchewan (Hall and application to the black-tailed prairie species such as mesquite from Kelson 1959). Presently the species is dog are as follows: establishing or attaining dominance. found in a small area along the List et al. (1997) reported that control of A. The Present or Threatened Frenchman River Valley. Many of these black-tailed prairie dogs in Mexico Destruction, Modification, or colonies are in Canada’s Grasslands resulted in the invasion of mesquite Curtailment of the Species’ Habitat or National Park (Laing 1986). Canada shrubs that rendered the landscape Range represents a very small percentage unsuitable for reoccupation by the (approximately 0.3 percent) of the We believe that habitat loss due to species. Davis (1974) also noted that the rangewide population. Estimates of cropland conversion, urbanization, removal of the species from some sites occupied habitat in Canada range from habitat modification, and fragmentation in Texas resulted in the invasion of 1,244 ac (503 ha) in 1970 (Millson 1976) is a factor adversely affecting black- brush. The fragmented nature of to 2,318 ac (938 ha) in 1996 (Fargey, tailed prairie dog populations remaining prairie dog colonies, barriers Grasslands National Park, pers. comm. rangewide. to immigration and emigration, and the 1998). We estimate that 2,000 ac (800 In the United States, approximately lack of fire and native ungulate herds ha) of black-tailed prairie dog occupied 37 percent of the suitable habitat within that historically denuded the landscape habitat currently exists in Canada. the range of the black-tailed prairie dog and provided opportunities for prairie We believe that occupied habitat in has been converted to cropland (Black- dog colonies to expand (Miller et al. Canada has remained at approximately footed Ferret Recovery Foundation, in 1994) accentuate habitat loss due to 2,000 ac (800 ha) and, in the absence of litt. 1999). This land use change resulted vegetative succession. The degree to sylvatic plague, will likely remain in significant destruction of black-tailed which this type of grassland change and stable. prairie dog habitat, particularly in other landscape alterations affect black- eastern portions of the species’ range tailed prairie dog populations across Mexico Distribution, Abundance, and where adequate precipitation favors their range is unknown. Nevertheless, Trends farming. Cropland conversion these subtle habitat changes may be a Historically, black-tailed prairie dogs continues, but the amount of occupied major factor in precluding the occurred on suitable habitat throughout habitat converted annually is unknown. utilization of habitat or recolonization of the northern portion of the Mexican In some areas cropland conversion former habitat by the species. States of Chihuahua and Sonora (Hall occurs due to continuing improvements North American grasslands have and Kelson 1959). Presently, most in intensive agricultural techniques, for suffered among the most extensive individuals appear to be limited to a example, dryland wheat farming in fragmentation and transformation of any

VerDate 272000 00:38 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM pfrm12 PsN: 04FEP1 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules 5483 biome on the continent (Groombridge reported that shooting on two black- (Gage, Center for Disease Control, pers. 1992). More fragmented, more isolated, tailed prairie dog colonies removed 69 comm. 1999, Miles et al. 1952). Black- and less connected populations usually percent of the adults. He thought that tailed prairie dogs show neither have higher extinction rates (Clark 1989, the reduction of prairie dog populations effective antibodies nor immunity to the Gilpin and Soule 1986, MacArthur and below a certain threshold number might disease. This disease is caused by the Wilson 1967, Shaffer 1981, Wilcove et have a further negative consequence bacterium Yersinia pestis, which fleas al. 1986, Wilcox and Murphy 1985). List because fewer prairie dogs were acquire from biting infected rodents and et al. (1997) suggested that fragmented available to watch for predators and other species and then transmit via a black-tailed prairie dog colonies in keep the vegetation clipped around bite. Plague also can be transmitted Mexico were prone to extirpation. burrows to improve detection of directly between animals. Cully (1989) Miller et al. (1996) described existing predators. Vosburgh (1996) reported that summarized plague reports in 76 prairie dog populations as small, intensive shooting can have a species of 5 mammalian orders in the disjunct, and geographically isolated. statistically significant impact on the United States, although plague is Dispersal has been limited by barriers density of local black-tailed prairie dog primarily a rodent disease. It can created by human development that colonies. He observed that during the seriously affect humans, although it preclude immigration or emigration. summer, species density declined 33 responds well to modern treatment Fragmentation and extirpation of small, percent on colonies with shooting and (Center for Disease Control 1997). isolated colonies will result in the loss 15 percent on colonies without Rodent species vary in their of additional genotypes, as occurred shooting. Prairie dogs also spent more susceptibility to plague, with some with the complete extirpation of the time in alert postures and less time species acting as hosts or carriers of the species in portions of the eastern and foraging on colonies where shooting disease or infected fleas and showing southwestern areas of its historic range. occurred. little or no symptoms. Black-tailed and Lost genetic diversity will inherently be Large, healthy populations appear to Gunnison’s prairie dog populations detrimental to the long-term survival of be able to withstand considerable demonstrate nearly 100 percent the species. removal by shooting and remain viable mortality when exposed to plague (Bourland and Dupris, Cheyenne River (Barnes 1993, Cully 1993) and cannot be B. Overutilization for Commercial, Sioux Tribe, in litt. 1998; Finnegan et considered carriers. Recreational, Scientific, or Educational al., Rosebud Sioux Tribe, in litt. 1998). Plague, once established in an area, Purposes Accordingly, the shooting of hundreds becomes persistent and periodically We believe that overutilization of the of thousands of individuals across the erupts, with the potential to extirpate black-tailed prairie dog via the pet trade extensive range of the black-tailed local black-tailed prairie dog is not a significant factor affecting black- prairie dog where millions of populations. After several epizootics (an tailed prairie dog populations individuals occur will not likely eruption of the disease that attacks a rangewide. Herron (Texas Parks and adversely impact the overall population large number of animals at the same Wildlife Department, pers. comm. 1999) of a species where each female can time), black-tailed prairie dogs at the and others have reported that black- produce an average of four young Rocky Mountain Arsenal National tailed prairie dogs are removed from the annually. Conversely, small local Wildlife Refuge have neared extirpation wild for sale as pets. Herron was aware populations already depressed by (Seery, U.S. Fish and Wildlife Service, of 3 commercial operators who disease and other adverse influences pers. comm. 1998). This phenomenon collectively removed approximately may suffer additive losses from shooting may be occurring at other formerly large 5,000 individuals from the Texas impacts. Shooting impacts also may black-tailed prairie dog complexes panhandle and other States annually in contribute to population fragmentation across much of the western portion of recent years. Miscellaneous reports and preclude or delay recovery of the species’ range. At Northern indicate that this practice occurs colonies reduced by other factors, such Cheyenne Reservation in southeastern elsewhere in the species’ range, but the as sylvatic plague. Montana, a plague epizootic started in extent of removal of individuals from 1991 and continued through 1996 C. Disease or Predation the wild for use as pets is unknown. (Young 1997), removing 97 percent of Recreational (sport or varmint) We believe that sylvatic plague is the black-tailed prairie dog population shooting is impacting black-tailed likely the most important factor in (Fourstar, Bureau of Indian Affairs, pers. prairie dog populations in some local recent reductions of many black-tailed comm. 1998). The population has begun areas. At present, we do not believe that prairie dog populations throughout a to recover and has increased from a low this factor is responsible for significant significant portion of the range of the of 378 ac (153 ha) of occupied habitat rangewide declines in the species’ species. Approximately 66 percent of to 963 ac (390 ha). However, Young population; however, it may be the species’ range has been affected by (University of Arizona, pers. comm. important locally. The popularity of plague (Black-footed Ferret Recovery 1998) does not believe that this complex shooting has increased appreciably in Foundation, in litt. 1999). Plague is an will recover to its former status. The recent years. Many States do not require exotic disease foreign to the effects of plague on prairie dogs may be hunting licenses and have no bag limits evolutionary history of North American exacerbated in smaller, isolated colonies or seasonal restrictions for taking prairie species (Gage, Center for Disease where populations are not buffered by dogs. Some areas administered by the Control, pers. comm. 1999). Plague was large numbers (where some individuals Bureau of Land Management and the U. first observed in wild rodents in North may escape infection by chance) and S. Forest Service have been closed to America near San Francisco, California, where recovery may be hampered by recreational shooting over the past two in 1908 (Eskey and Haas 1940). It spread limited immigration from other years, but recreational shooting is still eastward across the continent in colonies. allowed on other areas administered by subsequent years and still appears to be We believe that predation is not likely these agencies. Recreational shooting is expanding its range, although not as a major factor affecting overall black- not allowed on on lands administered rapidly as in its early years. The first tailed prairie dog populations, but it by the National Park Service or the Fish reported incidences of plague in black- may be important locally or contribute and Wildlife Service. Knowles (1988) tailed prairie dogs occurred in the 1940s to the effects of other factors. Little

VerDate 272000 00:38 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM pfrm12 PsN: 04FEP1 5484 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules information is available to quantify the a resident or nonresident hunting to aid prairie dog shooters in finding impact of predators on prairie dog license is required and established colonies (North Dakota Game and Fish populations. methods of take are listed (Williams, Department undated). The State of Kansas Department of Wildlife and North Dakota considers the black-tailed D. The Inadequacy of Existing Parks, in litt. 1998). prairie dog a pest, although the Game Regulatory Mechanisms In Montana, the Department of Fish, and Fish Department considers it a We believe that inadequate regulatory Wildlife, and Parks requires no license nongame species. The North Dakota mechanisms are a contributing factor to shoot prairie dogs, and no limits on Department of Agriculture and the affecting overall black-tailed prairie dog take or season exist. Prairie dogs are county weed boards have regulatory populations. Many States, Tribes, and protected on two State parks as authority over control efforts (Van Pelt Federal agencies recognize the historic important features of those parks in prep.). decline and ecological significance of (Graham, Montana Department of Fish, In Oklahoma, the Department of the black-tailed prairie dog, but few use Wildlife and Parks, in litt. 1998). The Wildlife Conservation classifies the available regulatory mechanisms to Department of Fish, Wildlife, and Parks black-tailed prairie dog as a Category II conserve the species. At least one identifies the black-tailed prairie dog as Mammal Species of Special Concern. government entity in most States a State ‘‘species of special concern’’ Prairie dog eradication is no longer promotes their reduction. However, (Flath 1998). The Department of Fish, mandatory in Oklahoma but is assisted some limited regulatory mechanisms Wildlife, and Parks is developing a by some State agencies and local exist for conservation of the species. species conservation plan for black- and governments. Control and recreational States white-tailed prairie dogs in Montana shooting of the species can occur on (Montana Department of Fish, Wildlife private land, but the Department of In Arizona, the Game and Fish and Parks in prep.). However, the Wildlife Conservation does not promote Department classifies all prairie dogs Montana Department of Agriculture either activity (Duffy, Oklahoma native to the State as nongame classifies prairie dogs as ‘‘rodents’’ and Department of Wildlife Conservation, in mammals. Although the species has ‘‘vertebrate pests.’’ The Montana litt. 1998). A license for recreational been extirpated in Arizona, a hunting Department of Agriculture assists shooting is required by residents and season was open until 1999, when it landowners in control of prairie dogs if nonresidents. The Department of was closed (Shroufe, Arizona Game and requested, but such assistance is not Wildlife Conservation requires that a Fish Department, in litt. 1999). Arizona mandated (Sullins, Montana permit be obtained prior to any control. does not require the eradication of Department of Agriculture, pers. comm. Prairie dogs cannot be reduced in any prairie dogs for agricultural purposes or 1999). county to fewer than 1,000 individuals, promote recreational shooting of prairie In Nebraska, the Game and Parks and control is not permitted on public dogs (Shroufe, Arizona Game and Fish Commission currently considers the lands (Van Pelt in prep.). Department, in litt. 1998). The black- black-tailed prairie dog an unprotected In South Dakota, the Department of tailed prairie dog is listed as endangered nongame species that can be taken in Game, Fish, and Parks classifies the on the Arizona Game and Fish any manner, without restrictions on black-tailed prairie dog as a predator/ Department ‘‘Threatened Native shooting or control activities. Permits varmint and requires that a resident or Wildlife’’ list (Arizona Game and Fish are not required for residents; nonresident acquire a license to shoot Department 1988). nonresidents must have a small-game prairie dogs. No seasons or bag limits In Colorado, the Division of Wildlife hunting permit. The Game and Parks have been established. The South requires a resident or nonresident Commission recognizes prairie dog Dakota Weed and Pest Control Statute hunting license for prairie dog shooting shooting as an acceptable recreational designates the species as a statewide unless the animals are on land owned activity, but suggests that shooting be declared pest. Therefore, the existence by the shooter. The season is year- avoided when prairie dogs have of prairie dogs constitutes an round, with no bag or possession limit. dependent young and that shooters take infestation, giving the State authority to However, for hunt contests, no responsible measures to avoid enter private land and exterminate the participant may take more than five disturbance of other wildlife species animals. If a county declares an prairie dogs during the contest. In 1999, that use prairie dog colonies (Amack, infestation, landowners are responsible the Colorado State Legislature passed a Nebraska Game and Parks Commission, for the costs to control prairie dogs on bill prohibiting the translocation of in litt. 1998). their land whether they want control or prairie dogs and other species into a In New Mexico, the Department of not (Van Pelt in prep.). county without the consent of the Game and Fish requires a license to In Texas, the Parks and Wildlife county’s commissioners (Van Pelt in shoot prairie dogs, but there are no bag Department designates black-tailed prep.). limits or restrictions (Knowles 1998). prairie dogs as a nongame species and The State of Kansas considers black- The Petitioner reports that New Mexico is prohibited by State statute from tailed prairie dogs as agricultural pests considers the prairie dog as a ‘‘rodent listing them as a State endangered and mandates control if an adjoining pest’’ and mandates that landowners species. A license is required to hunt landowner files a complaint (Knowles destroy prairie dogs on notice (National prairie dogs, but no season or bag limits 1995). In recent years, some counties Wildlife Federation 1998). have been established. In 1999, the State have invoked ‘‘Home Rule’’ to take over In North Dakota, the Game and Fish established a regulation that requires a authority for prairie dog control from Department classifies the black-tailed nongame collection or dealer’s permit to the townships and impose mandatory prairie dog as a nongame wildlife possess more than 10 live prairie dogs control requirements on landowners. species. A resident is not required to or to sell prairie dogs (Van Pelt in The landowner is given the opportunity purchase a hunting license to shoot prep.). This law does not regulate the to control prairie dogs on his land and prairie dogs; however, nonresidents are killing of prairie dogs for recreational, if he fails to do so it is done by the required to purchase one. The State sets agricultural, or nuisance purposes county at the landowner’s expense (Van no bag limits or seasons for prairie dogs. (Sansom, Texas Parks and Wildlife Pelt in prep.). Shooting of prairie dogs The North Dakota Game and Fish Department, in litt. 1998). The Texas in Kansas is somewhat restricted since Department has published a guidebook Health and Safety Code authorizes

VerDate 272000 00:38 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM pfrm12 PsN: 04FEP1 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules 5485 counties to control prairie dogs and 2,000 licenses in 1998 (Finnegan, refuges, primarily as a measure to gives the Texas Department of Rosebud Sioux Tribe, pers. comm. prevent the spread of prairie dogs onto Agriculture responsibility for providing 1999). adjacent private lands. At this time, all information regarding control to control efforts regarding the species Federal Agencies requesting counties (Van Pelt in prep.). have been suspended on Service lands The Wyoming Game and Fish The BIA has a trust responsibility to (Clark, U.S. Fish and Wildlife Service, Department regards the black-tailed oversee management of Tribal lands. in litt. 1999). prairie dog as a nongame wildlife The BIA’s involvement in prairie dog The U.S. Forest Service manages species and has listed it as a Species of control efforts has been principally approximately 3.7 million ac (1.5 Special Concern. No license is required through management of funding for million ha) of National Grasslands, to hunt prairie dogs, and no seasons, bag prairie dog control programs on Tribal which support approximately 42,460 ac limits, or restrictions on method of take lands. In the northern Great Plains, from (17,200 ha) of black-tailed prairie dog have been established (Van Pelt in 1978–1992, BIA funding was occupied habitat, approximately 1.1 prep.). The Game and Fish Department responsible for the control of more percent of the National Grasslands supports development of seasons and prairie dog habitat than any other (Sidle, U.S. Forest Service, in litt. 1999). bag limits for the black-tailed prairie Federal agency in the country (Roemer In response to a request from the dog (Wichers, Wyoming Game and Fish and Forrest 1996). National Wildlife Federation and the The Bureau of Land Management Department, in litt. 1998). The Wyoming positive 90-day finding, the U.S. Forest (BLM) manages prairie dogs to meet Department of Agriculture lists the Service issued a moratorium on control multiple-use resource objectives species as a pest. The Wyoming Weed of black-tailed prairie dogs during the including production of livestock forage and Pest Control Act of 1973 authorizes current status review period on all lands and preventing prairie dog movement to counties to enter private property to administered by the U.S. Forest Service. adjacent State or private lands. control prairie dogs if damage has been The U.S. Forest Service also noted their Although BLM no longer actively documented to neighboring landowners intention to manage for larger prairie (Knowles 1995). conducts control, it still allows control to occur by other agencies on its lands dog populations via new planning Tribal and it still allows significant levels of efforts subject to completion and Mulhern and Knowles (1995) unregulated sport shooting (Knowles approval (Manning, U.S. Forest Service, estimated that 30 percent of black-tailed 1995). In a memorandum dated June 23, in litt. 1999). prairie dog colonies occur on Tribal 1999, and expiring September 30, 2000, The National Park Service is involved lands. Four of the seven remaining large the BLM instructed all of its State with prairie dog control programs complexes (those with 10,000 acres or Directors within the range of the black- through integrated pest management more) (Cheyenne River, Fort Belknap, tailed prairie dog to ‘‘ensure that all guidelines. During 1982–1992, four Pine Ridge, and Rosebud) occur on actions authorized, funded or carried National Parks in the northern Great Tribal lands. Two Tribes (Cheyenne out by their respective field offices do Plains were involved in prairie dog River Sioux Tribe in South Dakota and not contribute to the need to list this control—Badlands National Park, South Fort Belknap in Montana) have prairie species’’ (Colby, Bureau of Land Dakota; Wind Cave National Park, South dog management plans in place Management, in litt. 1999). The BLM Dakota; Theodore Roosevelt National (Knowles 1995). No extensive control of also anticipates implementing a Park, North Dakota; and Devils Tower prairie dogs has occurred on Cheyenne mandatory restriction on prairie dog National Monument, Wyoming (Roemer River Sioux Tribe, Fort Belknap, or hunting in portions of south Phillips and Forrest 1996). In a memorandum Rosebud Sioux Tribe (in South Dakota) County, Montana, due to the lack of dated January 14, 1999, the National in recent years due to concerns related success of current voluntary closures in Park Service instructed Superintendents to the conservation of black-footed the area (October 18, 1999; 64 FR of National Parks within the Midwest ferrets. However, active recreational 56213). Region where prairie dogs occur shooting programs on these and other We manage over 500 National (Badlands, Fort Larned, Scotts Bluff, Tribal lands exist. The Cheyenne River Wildlife Refuges and their satellites, but Theodore Roosevelt, and Wind Cave Sioux Tribe does not classify the prairie only about 15 refuges, satellites, or units) to suspend further treatment of dog as a pest and does not require or Waterfowl Production Areas have black- prairie dog colonies (with few encourage their eradication; however, tailed prairie dogs. Only two refuges exceptions) until a final determination shooting of black-tailed prairie dogs have any significant amount of occupied is made on their status (Schenk, occurs year-round and without limits habitat. On the Charles M. Russell and National Park Service, in litt. 1999). (Bourland and Dupris, Cheyenne River UL Bend National Wildlife Refuges in The U.S. Department of Agriculture’s Sioux Tribe, in litt. 1998). Recreational Montana, we manage 5,150 ac (2,090 ha) Animal and Plant Health Inspection shooting is also allowed on the Crow of black-tailed prairie dog occupied Service-Wildlife Services influences Creek Sioux Tribe in South Dakota, but habitat. We have treated burrows with prairie dog control programs through its chemical control is not allowed. The insecticide in an attempt to reduce fleas grant-in-aid program to States, which Tribe states that shooting appears to and disease transmission, and we have provides technical assistance to other have no effect on black-tailed prairie moved prairie dogs to recolonize vacant State, Tribal, and Federal agencies, and dog numbers, and they report the or low-density towns (Matchett 1997). private landowners, and its distribution species as abundant (Miller, Crow Creek The Rocky Mountain Arsenal National of prairie dog toxicants. Roemer (1997) Sioux Tribe, in litt. 1998). In 1998, the Wildlife Refuge in Colorado is reported that during 1990–1994, the Rosebud Sioux Tribe Department of attempting to recover its populations Animal and Plant Health Inspection Natural Resources implemented a new subsequent to repeated plague Service-Wildlife Services was involved licensing system for black-tailed prairie epizootics (U.S. Fish and Wildlife in control of prairie dogs over 101,660 dogs in an attempt to reduce the number Service 1998). Shooting of prairie dogs ac (41,140 ha). Additionally, they were of shooters. License sales were reduced is currently prohibited on all National involved in control programs in the by approximately 50 percent from Wildlife Refuges and satellites. Limited early 1980s at the Pine Ridge Indian approximately 4,000 licenses in 1997 to control has occurred on a few wildlife Reservation (Oglala Sioux Tribe), South

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Dakota. The Animal and Plant Health Prairie dog control occurred Belknap Reservation in Montana were Inspection Service-Wildlife Services has repeatedly in most areas, and figures halted due to concerns regarding the directed and conducted research related cited for acreage controlled may include lack of available black-footed ferret to the efficiency of prairie dog and other retreatment of the same areas in reintroduction sites. rodent control. subsequent years. Therefore, annual Vulnerability of the Species in The Environmental Protection Agency estimates of lands treated do not always Perspective deals indirectly with prairie dog control equate to total loss of habitat. However, through pesticide labeling programs control (usually in conjunction with Three major impacts have had a including restrictions to protect other factors) has led to the complete substantial influence on black-tailed wildlife. Presently, labeling does not loss of occupied habitat in many areas. prairie dog populations. The first major restrict prairie dog control, but does Organized prairie dog control gained impact on the species was the initial address concerns for the endangered momentum from 1916 to 1920 when conversion of prairie grasslands to black-footed ferret. prairie dogs were controlled on tens of cropland in the eastern portion of its In Canada, the black-tailed prairie dog millions of acres of western rangeland range from approximately the 1880s– is designated as vulnerable by the (Bell 1921). Federal programs were 1920s. The conversion of native prairie Committee on the Status of Endangered responsible for much of this effort (Cain to cropland likely reduced black-tailed Wildlife in Canada. Control is et al. 1972). From 1937 to 1968, prairie dog occupied habitat in the prohibited, and only private landowners 30,447,355 ac (12,331,178 ha) of prairie United States from about 80 million ac are permitted to shoot prairie dogs dog occupied habitat were controlled (32 million ha) to about 50 million ac (Fargey, Grasslands National Park, pers. (Cain et al. 1972). In the 1960s, several (20 million ha) or less. The second comm. 1998). States reached their lowest estimates of major impact on the species was large- In Mexico, the black-tailed prairie dog occupied habitat (Bureau of Sport scale control efforts conducted from is listed as threatened by the Lista de las Fisheries and Wildlife 1961). In 1972, approximately 1918–1972 in efforts to Especies Amerzadas, the official Compound 1080, which was used reduce competition between prairie threatened and endangered species list extensively in prairie dog control dogs and domestic livestock. Repeated of the Mexican Government efforts, was banned by Presidential control efforts likely reduced black- (SEMARNAP 1994). List et al. (1997) Executive Order II 11643. Although tailed prairie dog occupied habitat in reported that in Mexico, laws exist to prairie dog control continued via other the United States from about 50 million ac (20 million ha) to approximately stop control, but are often not enforced, toxicants, it was at a reduced rate. 364,000 ac (147,000 ha) by 1961 (Bureau and extensive control occurs. There are The most extensive control efforts in no protected areas for the black-tailed of Sport Fisheries and Wildlife 1961). recent years have been conducted in the Some limited recovery and subsequent prairie dog in Mexico (Ceballos et al. Northern Great Plains (U.S. Forest 1993). declines have since occurred in these Service 1998). Roemer and Forrest remnant populations. The third major E. Other Natural or Manmade Factors (1996) summarized recent Federal and impact on the species was the Affecting the Species’ Continued State control efforts on approximately inadvertent introduction of an exotic Existence 1,045,524 ac (423,437 ha) in South disease from the Old World, sylvatic Dakota, Montana, and Wyoming. From Control Effort plague, into North American ecosystems 1978 to 1992, an average of 69,701 ac in 1908, with the first recorded impacts We believe that control efforts have (28,229 ha) were treated annually in on the black-tailed prairie dog in the limited black-tailed prairie dog these three States. These estimates did 1940s. These three factors, as well as populations, especially large-scale, well- not include estimates for private control other additional factors impacting the organized efforts conducted early in the or control involving indirect State or species, are discussed below. century. These control programs were Federal assistance. Forrest and Proctor We believe that many factors, alone, conducted in response to concerns (in prep.) estimated that in recent years in combination with each other, and regarding potential forage competition control conducted at the local level synergistically, have influenced and with domestic livestock. Current control probably affected ‘‘tens of thousands’’ of continue to influence black-tailed efforts are limited compared to historic black-tailed prairie dog occupied habitat prairie dog populations. Historically, efforts, but still impact a significant on an annual basis. The BIA large black-tailed prairie dog portion of occupied habitat annually. A administered the last large-scale control populations successfully coped with well-documented control effort has effort for black-tailed prairie dogs on the various depressant factors, except occurred over most of the range of the Pine Ridge Reservation in South Dakota plague, on a different scale; populations black-tailed prairie dog (Anderson et al. in the early 1980s. This effort resulted were large and robust, while threats 1986, Bell 1921, Cain et al. 1972, Forrest in the eradication of most prairie dogs were few with only short-term effects. and Proctor in prep., Hanson 1993, on approximately 458,618 ac (185,740 Presently, most populations are Hubbard and Schmitt 1983, Lantz 1903, ha) from 1980 to 1984. From 1985 to significantly reduced and must cope Lewis and Hassien 1973, Linder et al. 1986, 240,000 ac (97,000 ha) were with many persistent influences that 1972, Merriam 1902, Roemer and retreated (Roemer and Forrest 1996). In depress populations, both temporally Forrest 1996, Shriver 1965). Control 1987, after these efforts, 57,281 ac and permanently. Based upon our efforts resulted in extirpation of the (23,199 ha) of occupied habitat review of the available information, we black-tailed prairie dog in Arizona remained (Tschetter 1988). Current conclude that a general long-term, (Alexander 1932). Similar control efforts estimates of occupied habitat range from rangewide decline has occurred, in in Texas resulted in the persistence of 20,000 to 30,000 ac (8,000 to 12,000 ha) addition to more recent population only remnant populations in areas (Yellowhair, Pine Ridge Sioux Tribe, declines in some areas. where, historically, the largest known pers. comm. 1999). Following control The persistence of the black-tailed populations of the species occurred efforts on Pine Ridge, three additional prairie dog as a species may appear (Bureau of Sport Fisheries and Wildlife extensive control efforts targeted for the secure to some observers because it is 1961, Cheatheam 1977, Cottam and Cheyenne River and Rosebud relatively abundant in absolute numbers Caroline 1965). Reservations in South Dakota and Fort when compared with many other

VerDate 272000 00:38 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM pfrm12 PsN: 04FEP1 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules 5487 species with smaller populations that to the number of colonies in which it appear to be indicative of a general are not thought to be vulnerable. Many exists, their size, their geospatial population decline. The overall decline wildlife species in North America that relationship, existing barriers to may be similar to the specific decline have experienced significant population immigration and emigration, and observed across the State of Montana declines remain viable (e.g., various ultimately the number and nature of the from 1986 to 1998 when approximately game species such as the pronghorn remaining direct threats to the species. 50 percent of all occupied habitat was (Antilocapra americana)). However, the lost, largely due to plague (Montana Finding black-tailed prairie dog is a highly social Department of Fish, Wildlife, and Parks species that, for the most part, responds After a thorough review of the best 1998). Plague has incrementally to major factors causing population available scientific and commercial extended its range and impacts on reductions (e.g., plague and control) on information, we find that sufficient black-tailed prairie dogs since it was the basis of entire colonies rather than information is currently available to first documented in the species. It may on an individual basis. Additionally, support a determination that listing the likely continue to expand into the adequate regulatory mechanisms are not black-tailed prairie dog as threatened is eastern portions of the species’ range in in place to protect or manage warranted. This action is appropriate the immediate future, as evidenced by populations of the black-tailed prairie because of the number and variety of recent reports of predator species’ dog, as they are with most game species. threats that act in concert to adversely exposure to plague in previously Therefore, populations are likely not as affect the species. A significant recent unaffected portions of the black-tailed viable as their absolute numbers might decline in occupied habitat has prairie dog range. A decline of similar suggest. occurred due to several factors, the most magnitude has occurred with A significant portion of existing black- influential of which is the widespread populations in Mexico (12 percent of tailed prairie dog occupied habitat occurrence of plague, an exotic and current occupied habitat); however, the rangewide occurs in a few large lethal disease to the species. In concert decline in Mexico is due to cropland complexes. Approximately 36 percent of with plague, the loss of suitable habitat conversion, not plague. the remaining occupied habitat for the and inadequate regulatory mechanisms At present, occupied habitat has species in North America occurs in have adversely affected remnant decreased over the past century by two seven complexes, each larger than fragmented populations. The available orders of magnitude (or 99 percent, from 10,000 ac (4,000 ha). These complexes information indicates that the species is approximately 100 million ac to less include—Buffalo Gap National likely to become endangered throughout than 1 million ac). If the magnitude of Grassland/Conata Basin, South Dakota; all or a significant portion of its range decline that we have observed due to Cheyenne River Reservation, South in the foreseeable future. plague or cropland conversion persists Dakota; Fort Belknap Reservation, A major decline in historic black- in western portions of the species’ Montana; Janos Nuevo Casas Grandes, tailed prairie dog occupied habitat has range, and manifests itself in eastern Mexico; Pine Ridge Reservation, South occurred (perhaps as much as 99 portions of the species’ range, over the Dakota; Rosebud Reservation, South percent). Sixty percent of the species’ next 30 years existing occupied habitat Dakota; and Thunder Basin National remnant occupied habitat is vulnerable could decline another order of Grassland, Wyoming. These complexes or very vulnerable to the effects of magnitude to as low as approximately are potentially vulnerable to control habitat loss or modification, disease, 10 percent of current estimates, or efforts or plague. inadequate regulatory mechanisms, and approximately 0.1 percent of historic Extant populations of black-tailed other factors (Black-footed Ferret estimates. prairie dogs may or may not be large Recovery Foundation, in litt. 1999). We have evaluated the magnitude and enough to be resilient to ongoing or Based on our review of the available immediacy of threats to the black-tailed future environmental challenges and distribution data, we estimate that prairie dog. The following provides a related potential declines. Quammen approximately 30 percent of the historic summary of these evaluations. (1996) provided examples of species range no longer supports any Habitat loss and fragmentation are that were abundant, but suddenly appreciable number of black-tailed considered a threat of moderate became very rare. For example, he prairie dogs, and that these reductions magnitude. The species has lost an reported that the passenger pigeon occurred at the periphery of the historic estimated 99 percent of its historic (Ectopistes migratorius) numbered in range. However, reductions in occupied occupied habitat, much of it through the billions around 1810 and in the low habitat have also occurred throughout cropland conversion, largely in the millions by the 1880s, yet was extinct in the historic range; approximately 37 eastern portion of the species’ range. the wild by 1900. Habitat destruction percent of the suitable habitat within However, a considerable amount of and over-harvesting depressed the historic range in the United States potential unoccupied habitat remains, passenger pigeon numbers to a few has been fundamentally modified via especially in the western portion of the million, a level too low for a highly conversion to cropland and is not species’ range. This unoccupied habitat social and colonial species to function available for use by the species (Black- could be utilized if other factors such as (Halliday 1980). The black-tailed prairie footed Ferret Recovery Foundation, in disease and control efforts were not dog numbered in the billions around litt. 1999). Additionally, habitat in present or were carefully managed via 1900, exists as a few million at present, approximately 66 percent of the historic adequate regulatory mechanisms. This and appears to be declining in a range of the species has been degraded threat is considered imminent because significant portion of its range. The by the occurrence of plague (Black- habitat loss continues at present in advantages of sociality (e.g., breeding, footed Ferret Recovery Foundation, in various parts of the species’ range from feeding, predator defense) may no litt. 1999). These estimates are not a variety of activities, including longer offset its modern disadvantages additive inasmuch as several factors can cropland conversion, urbanization, (e.g., vulnerability to an exotic disease affect any given portion of the range. change in vegetative communities, and and control efforts). Accordingly, the Recent, widely separated, site-specific fragmentation. vulnerability of the black-tailed prairie declines across the area where 60 Overutilization via commercial use of dog to population reductions is likely percent of the current occupied black- the species as a pet is not considered a related less to its absolute numbers than tailed prairie dog habitat now exists threat because of the apparent low

VerDate 272000 00:38 Feb 04, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM pfrm12 PsN: 04FEP1 5488 Federal Register / Vol. 65, No. 24 / Friday, February 4, 2000 / Proposed Rules number of individuals utilized. ongoing. Control efforts in some areas Statement (SEIS) and notice of scoping Overutilization via recreational shooting could likely be accommodated if process; request for comments. is considered a threat of low magnitude. adequate regulatory mechanisms were Local populations may be impacted by in place that balanced agricultural and SUMMARY: The New England Fishery shooting; however, significant wildlife conservation interests. Management Council (Council) rangewide population declines due to We conclude that the overall announces its intention to prepare this factor are not likely. This threat is magnitude of threats to the black-tailed Amendment 10 to the Atlantic Sea considered imminent because it is prairie dog throughout its range is Scallop Fishery Management Plan ongoing. moderate and the overall immediacy of (FMP) to develop an area based Disease is considered a threat of these threats is imminent. The black- management system that would, among moderate magnitude. Plague has tailed prairie dog is considered a species other things, close areas with high markedly reduced some populations, without subspecies classification. concentrations of small scallops and but has not affected all populations at Pursuant to the Service’s Listing Priority open them later when the scallops are once. Some population recovery may Guidance (48 FR 43098), a species for bigger. The Council also announces its occur, largely via unaffected adjacent which threats are moderate and intent to prepare an SEIS for the populations, before plague imminent is assigned a Listing Priority Atlantic Sea Scallop FMP in accordance reoccurrence. Plague has impacted the Number of 8. Region 6 currently has with the National Environmental Policy species and its conspecifics throughout nine Candidate species or subspecies Act of 1969 to analyze the impacts of a significant portion of their ranges. that have lower Listing Priority any management alternatives. The Black-tailed prairie dog populations Numbers and, therefore, are in more Council will hold public scoping demonstrate nearly 100 percent immediate need of protection. Region 6 meetings in Fairhaven, MA; Virginia mortality when exposed to plague. An also has four species proposed as Beach, VA; and Cape May, NJ; to epizootic may affect an entire complex endangered or threatened, and two determine the scope of issues to be similar to a pathogen affecting an species for which proposed rules are addressed and for identifying the individual animal. The spread of plague under review. Therefore, while we have significant issues related to the in black-tailed prairie dog populations concluded that the listing of the black- management alternatives. underscores the likelihood that areas as tailed prairie dog as threatened is DATES: Written comments on the intent yet unaffected may experience warranted, an immediate proposal to list to prepare the SEIS must be received on outbreaks in the future. This threat is is precluded by other, higher priority or before 5:00 p.m., local time, March 1, considered imminent because it is actions to amend the Lists of 2000. The meetings will held between ongoing. Predation is not considered a Endangered and Threatened Wildlife Tuesday, February 15, 2000, and threat. and Plants. Thursday, February 18, 2000. See Existing regulatory mechanisms are SUPPLEMENTARY INFORMATION for specific inadequate and considered a threat of References Cited dates and times. moderate magnitude. All States within A complete list of references cited in ADDRESSES: Written comments should the current range of the black-tailed this notice is available upon request be sent to Paul J. Howard, Executive prairie dog classify the species as a pest from the South Dakota Field Office (see Director, New England Fishery for agricultural purposes and either ADDRESSES section). Management Council, 50 Water Street, allow or require its eradication Author: The primary author of this Mill 2, Newburyport, MA 01950. (Mulhern and Knowles 1995). Few document is Pete Gober (see ADDRESSES Comments may also be sent via fax to regulatory mechanisms exist to aid in section). (978) 465–0492. The meetings will be conserving the species. This threat is held in Fairhaven, MA; Virginia Beach, considered imminent because it is Authority: The authority for this action is VA; and Cape May, NJ. See ongoing. State wildlife agencies and the Endangered Species Act of 1973 as amended (16 U.S.C. 1532 et seq.). SUPPLEMENTARY INFORMATION for specific other interested parties are developing a locations. Comments will not be conservation plan for the species. While Dated: February 1, 2000. accepted if submitted via e-mail or we support the States’ efforts and will Jamie Rappaport Clark, Internet. cooperate in conservation actions for the Director, Fish and Wildlife Service. black-tailed prairie dog, at this early [FR Doc. 00–2593 Filed 2–3–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: Paul stage of development, the conservation BILLING CODE 4310±55±U J. Howard, Executive Director, New assessment and strategy document lacks England Fishery Management Council commitments to specific immediate (978) 465–0492. Requests for special actions that would affect the status of DEPARTMENT OF COMMERCE accommodations should be addressed to the species. the New England Fishery Management Control programs conducted largely National Oceanic and Atmospheric Council, 50 Water St., Mill 2, in response to concerns related to Administration Newburyport, MA 01950; telephone: potential forage competition with (978) 465–0492. domestic livestock are considered a 50 CFR Part 648 SUPPLEMENTARY INFORMATION: threat of moderate magnitude. Control [I.D. 012400B] programs have had significant impacts Background on population levels in the past. Control Fisheries of the Northeastern United Amendment 4 to the Atlantic Sea efforts resulted in extirpation of the States; Atlantic Sea Scallop Fishery Scallop FMP established a limited black-tailed prairie dog from Arizona access program and a schedule of and significant reductions in other AGENCY: National Marine Fisheries annual day-at-sea (DAS) allocations for States. Current control efforts may Service (NMFS), National Oceanic and full-time, part-time, and occasional impact 10–20 percent of the species’ Atmospheric Administration (NOAA), vessels with limited access permits. overall population annually (Forrest and Commerce. Although Amendment 4 changed the Proctor, in prep.). This threat is ACTION: Notice of intent to prepare a restrictions on fishing gear and limited considered imminent because it is Supplemental Environmental Impact the number of crew aboard limited

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