[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31740]
[[Page Unknown]]
[Federal Register: December 27, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 12-Month Finding
for a Petition to List As Endangered or Threatened the Contiguous
United States Population of the Canada Lynx
agency: Fish and Wildlife Service, Interior.
action: Notice of 12-month petition finding.
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summary: The U.S. Fish and Wildlife Service (Service) announces a 12-
month finding for a petition to add the contiguous United States
population of the Canada lynx (Lynx canadensis) to the List of
Threatened and Endangered Species. The Service finds the petitioned
action of listing the Canada lynx in the 48 contiguous States is not
warranted.
dates: The finding announced in this document was made on December 20,
1994.
addresses: Information, comments, or questions concerning this petition
should be submitted to the Regional Director, P.O. Box 25486, Denver
Federal Center, Denver, Colorado 80225. The petition, 12-month finding,
supporting data, and comments are available for public inspection, by
appointment, during normal business hours at the above address.
for further information contact: Ralph Morgenwick, Regional Director,
Region 6, telephone (303) 236-8189.
SUPPLEMENTARY INFORMATION:
Background
Section4(b)(3)(B) of the Endangered Species Act (Act) of 1973 as
amended (16 U.S.C. 1531 et seq.), requires that, for any petition to
revise the List of Threatened and Endangered Species that contains
substantial scientific or commercial information indicating that the
petitioned action may be warranted, a finding must be made within 12
months of the date of receipt of the petition on whether the petitioned
action is (i) not warranted, (ii) warranted, or (iii) warranted but
precluded by the efforts to revise the list and expeditious progress is
being made in listing and delisting species. Upon making the finding, a
notice shall be promptly published in the Federal Register. With this
notice, the Service announces its 12-month finding on the petition to
list the Canada lynx is not warranted. This finding is based on various
documents, including published and unpublished studies, agency files,
field survey records, and consultations with other Federal and State
agencies. This notice summarizes information contained in the 12-month
finding and represents the conclusion of the Service's status review.
In August 1991, the U.S. Fish And Wildlife Service (Service)
received a petition from several conservation organizations requesting
that the Service list the lynx of the North Cascades ecosystem as an
endangered species and designate critical habitat.
On October 6, 1992, the Service published a notice of a petition
finding indicating that there was not substantial information to
indicate that listing the North Cascades population of the Canada lynx
as endangered may be warranted (57 FR 46007). On July 9, 1993, the
Service published a notice of a second finding on the North Cascades
petition after evaluating new information and again found that there
was not substantial information to indicate that listing the population
may be warranted (58 FR 36924).
Following publication of the notice, the petitioners filed suit
challenging the finding. A settlement agreement was reached on November
30, 1993, where the Service agreed to conduct a full status review of
the lynx throughout its range in the lower 48 States and to determine
whether it qualified as endangered or threatened pursuant to 16 U.S.C.
Part 1533(a). On February 2, 1994, the Service published a notice (59
FR 4887) announcing continuation of a status review initiated in 1982.
The Service reviewed and considered public comments during its
evaluation of the status of the lynx in the contiguous U.S.
A petition dated April 23, 1994, was received by the Service from
the Biodiversity Legal Foundation on April 27, 1994. The petition
requested that the conterminous U.S. population of the North American
lynx (Felis lynx canadensis) be listed as a threatened or endangered
species. The petition provided numerous reasons for why the Canada lynx
population in the contiguous U.S. should be added to the List of
Threatened and Endangered Species. The petitioners also requested that
the southern Rocky Mountain population of the lynx be protected by
emergency listing because it is severely imperiled, the population
level is low, and it is reproductively isolated.
Notice of a 90-day finding published in the August 26, 1994,
Federal Register (59 FR 44123) found that there was substantial
information to indicate that listing the contiguous population of the
Canada lynx may be warranted. However, the notice also indicated that
the petition did not present substantial information to indicate the
emergency listing of the Canada lynx in the southern Rockies is
warranted.
The lynx, generally considered rare because of its secretive
nature, is actually common throughout its Northern American range. Lynx
occupy the boreal regions of North America, commonly referred to as the
Canadian and Hudsonian Life Zones. These habitats are characterized by
dense coniferous forests and wet bogs. Cold climates, deep snow, and
wildfire are major influences on these habitats. Lynx are found within
these habitats from Newfoundland, Labrador, and Quebec on the east to
Alaska and British Columbia on the west; from the Arctic treeline south
into portions of the contiguous U.S. (Brittell et al. 1989).
Specific to the U.S., lynx distribution represents the fringe of
the population occurring in its historic range. Consequently, the lynx
does not commonly occur within this southern limit of its range due to
the lack of favorable habitats. Favorable habitat conditions for the
lynx dissipate with decreasing latitude. Thus, the lynx is restricted
to higher elevations the more southern the latitude. The most southern
range extensions for the species are found in the Rocky Mountains and
associated high elevations. The distribution and population numbers of
the lynx closely follow that of the snowshoe hare, its primary food
item. During population highs, snowshoe hare may occupy marginal
habitats thereby, allowing the lynx to widen their distribution
(Brittell et al. 1989). During years of abundance, lynx may extend
their distribution and occur in higher densities along the southern
extension of their range. This fluctuation of population size and
distribution is attributed to dispersal of predominately young animals
from the resident Canadian population. Local ``irruptions'' or
invasions of lynx have been reported in the northern U.S. following
population highs further north in Canada. Population cycles may not be
as noticeable in the southern extremes of the lynx range because such
habitat is not an important part of its range and U.S. resident
populations are initially low.
The historic range of the lynx in the contiguous U.S. has generally
been recognized as including New England (Maine, New Hampshire, Vermont
and New York), the Great Lakes (Michigan, Wisconsin and Minnesota), the
Rocky Mountains (Idaho, Montana, Wyoming, Utah, and Colorado) and the
Northwest Region (Washington and Oregon). There is evidence that
presence of lynx in the contiguous U.S. corresponded to cyclic
dispersals from Canada (particularly in the Great Lakes region). Thus,
the Service believes that some of these States within the species'
historic range never supported viable resident populations of lynx over
time.
The Northeastern and Great Lakes forests are sub-boreal forests and
therefore fire regimes, important for the creation of snowshoe hare
habitat, do not function as in true boreal forests. Most of these
original sub-boreal forests were destroyed by lumbering and
agricultural activities by the late 1880's and early 1900's. The lynx
was already extirpated from the New England States (except for Maine)
by the turn of the century.
Lynx were extremely scarce in the first half of the century in
Montana. By 1979, the population was estimated to be between 1800 and
2500 animals. Lumbering activities and wildfire of the early 1920's,
has affected Montana's present population of lynx which is the largest
in the contiguous U.S. Montana also has the largest amount of available
habitat (Giddings 1994). In the Cascades (Northwest Region), lynx
benefit from relative isolation of large undisturbed tracts of habitat
(approximately 3,673 square miles) and in the State of Washington,
there is about 6,500 square miles of lynx habitat (Brittell et al.
1989).
The Canada lynx (Lynx canadensis) is one and the same species (a
monotypic species) throughout its entire range in North America. The
term ``species'' under the Act includes any subspecies of fish,
wildlife, and plants, and any distinct population segment of any
species of vertebrate fish and wildlife which interbreeds when mature.
The Service limited it status review of the lynx to the 48 contiguous
States, as directed in the settlement agreement and requested in the
petition.
Summary of Factors Affecting the Species
The following is a summary and discussion of the five factors set
forth in section 4(a)(1) of the Act and their applicability to the
current status of the Canada lynx in the contiguous 48 States.
A. Present or Threatened Destruction, Modification, or Curtailment of
Its Habitat or Range
The Canada lynx is widely distributed throughout the northern
boreal forests of Canada and Alaska. Its extreme southern limits are
the U.S./Canada border areas with the southern-most extensions found in
the Rocky Mountains. Historically, lynx populations were minimal in the
contiguous U.S. due to a lack of suitable habitat. During years of lynx
abundance in Canada increased densities of resident populations
resulted along the southern boundary of its range. There is evidence
that the increased presence of lynx in the contiguous U.S. corresponds
to cyclic dispersals from Canada. At the turn of the century and
especially in the Northeastern portion of the U.S., habitat loss due to
human settlement and forest clearing reduced the southern range of the
lynx. Since the 1970's, this trend has reversed in some States.
Presently, Maine, Montana and Washington have resident lynx
populations. In Montana prior to 1950, lynx were considered to be
extremely rare. Today, however, an estimated 700 to 1,050 lynx could
occupy approximately 37,000 square miles of montane forest habitat in
Montana (Giddings 1994).
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
In the contiguous U.S., lynx inhabit fairly remote, isolated areas.
Before 1977, pelt prices were low, approximately $12.00 a piece and
lynx were harvested incidental to other furbearers. In 1977, all
felids, including lynx, were listed in Appendix II of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES). Appendix II species may be internationally traded provided
CITES export permits are issued. The issuance of permits provides a
means of monitoring trade and determining if it is having a significant
impact on the species. In conjunction with CITES, States are required
to have a management program and a harvest season for the species.
Presently only five States have a trapping season for lynx--Alaska,
Idaho, Minnesota, Montana, and Washington. In 1984, Minnesota closed
its lynx season and Washington followed suit in 1990. Presently only
Idaho and Montana of the lower 48 States allow a limited annual harvest
of two and three animals, respectively. These quotas include the
incidental take of lynx by bobcat trappers. From 1982 to 1992, only
three lynx were trapped in Idaho. From 1993 to 1994, only four animals
were taken in Montana. These low harvest levels are contributed to the
low level of hunting and trapping occurring in the remote areas
inhabited by lynx. Hunting and trapping pressure on the lynx has been
historically low in the U.S. and there is little evidence that these
activities pose a threat to the continued existence of this species in
the wild.
C. Disease or Predation
The Canada lynx could be displaced or eliminated by expansion of
competitors such as the bobcat (Lynx rufus) or coyote (Canis latrans)
into their present range. However, lynx are more restricted to areas
that receive deep snow cover where they are more highly adapted than
are bobcats. Neither disease nor predation is known to be a threat to
the lynx.
D. The Inadequacy of Existing Regulatory Mechanism
The lynx is protected in each State where it occurs in the lower 48
contiguous States. Seven States classify it as threatened or endangered
or a species of concern. Idaho and Montana have a trapping season with
annual Statewide harvest quotas of two and three animals, respectively.
Hunting and trapping with dogs and taking with firearms is illegal in
every State except one in which the lynx occurs. Few if any States ever
had a bounty system for the species. In addition to State protection,
the lynx has been listed in Appendix II of CITES since 1977, and its
status and harvest levels have been monitored by the Service's Office
of Scientific Authority.
E. Other Natural or Manmade Factors Affecting its Continued Existence
Lynx distribution has not significantly changed from historic
ranges except for periodic peripheral shifts of distribution with
cyclical changes of its chief prey, the snowshoe or varying hare (Lepus
americanus), and local losses due to loss of habitat in southern-most
areas. Fire suppression in the contiguous 48 States has had some effect
on lynx numbers, since early successional habitats are important to
lynx due to a greater abundance of snowshoe hares in these areas.
Although early regeneration stages of habitat are preferred by hares,
lynx hunt primarily in more open mature and later successional stages
of forest.
Finding
The Act requires the Service to make determinations regarding
listings solely on the basis of the best available scientific and
commercial data after conducting a review of the status of the species
and after taking into account those efforts being made by State and
Federal agencies to protect the species. The Act also allows for the
Service to list ``distinct population segments'' of vertebrate fish and
wildlife.
The Service was petitioned to list the Canada lynx in the 40
contiguous States as a vertebrate population pursuant to the Endangered
Species Act. The Service conducted a status review of the Canada lynx
in the contiguous U.S. After carefully evaluating the best available
scientific and commercial information regarding the past, present and
future threats faced by this species, the Service finds that listing of
the Canada lynx in the contiguous U.S. is not warranted. The Service
also finds that the petition did not present substantial information
that the southern Rocky Mountain population of the Canada lynx meets
the definition of a ``species'' under section 3(15) of the Act.
The Canada lynx is naturally low density-occurring carnivore
throughout the northern boreal forests of Canada and Alaska with its
extreme southern limits occurring south of the U.S./Canada border. It
was never a common species in the contiguous U.S. because of limited
suitable habitat and, except for in Maine, Montana and Washington,
little evidence of breeding populations south of the border exists.
Presence of the species in most of the contiguous 48 States corresponds
to cyclic dispersals from Canada.
At the turn of the century, habitat loss due to human settlement
and forest clearing reduced the range of lynx in southern areas.
However, the lynx currently occupies much of its original historic
range. The Service is unable to substantiate that trapping, hunting,
poaching, and present habitat destruction threaten the continued
existence of the lynx in the wild in the contiguous U.S. Consequently,
the Service finds that listing the Canada lynx in the contiguous U.S.
is not warranted. The Service's 12-month finding contains more detailed
information regarding the above decisions. A copy may be obtained from
the Division of Endangered Species (see ADDRESSES section).
A draft notice of our finding is attached for your review and
prompt publication in the Federal Register. The petitioners will be
notified of our finding upon its publication.
Author
This document was prepared by (see ADDRESSES section).
Authority
The authority for this action is the Endangered Species Act (16
U.S.C. 1531 et seq.).
Dated: December 20, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-31740 Filed 12-23-94; 8:45 am]
BILLING CODE 4310-55-M
