[Federal Register Volume 64, Number 142 (Monday, July 26, 1999)]
[Proposed Rules]
[Pages 40333-40334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18962]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AF03
Endangered and Threatened Wildlife and Plants; Canada Lynx;
Special Rule Record of Compliance
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: On July 8, 1998, we published a proposed rule to list the
United States (lower 48 States) population segment of the Canada lynx
as threatened under the Endangered Species Act of 1973, as amended
(Act). The listing included a special rule regulation issued under
section 4(d) of the Act that would allow the export under the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES) of live captive-bred Canada lynx, and skins derived
from the captive-bred population of Canada lynx. This notice announces
the availability of the Record of Compliance with the various
statutory, Executive Order, and Departmental requirements applicable to
the special rule regulation and invites comments on the Record of
Compliance.
ADDRESSES: To request a copy of the Record of Compliance, contact the
U.S. Fish and Wildlife Service, Montana
[[Page 40334]]
Field Office, 100 N. Park Ave., Suite 320, Helena, Montana 59601. Send
your comments on the Record of Compliance to this same address.
FOR FURTHER INFORMATION CONTACT: Kemper McMaster, Field Supervisor,
U.S. Fish and Wildlife Service, Montana Field Office, at the address
above.
SUPPLEMENTARY INFORMATION:
On July 8, 1998, we published a proposed rule to list the United
States population (lower 48 States) segment of the Canada lynx (Lynx
canadensis) as threatened, and the captive-bred population of Canada
lynx within the lower 48 States as threatened due to similarity of
appearance.
The proposed listing rule included a special rule regulation under
section 4(d) of the Act that would allow the export under the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES)(50 CFR part 23) of live captive-bred Canada lynx, and
skins derived from the United States captive-bred population (lower 48
States) of Canada lynx, accompanied by a valid CITES export tag and
permit. CITES is an international treaty for the regulation of
international trade in certain animal and plant species. We would
authorize such export in accordance with the permit requirements at 50
CFR 17.32.
The range of the United States population (lower 48 States) segment
of the Canada lynx includes the States of Washington, Oregon, Idaho,
Montana, Utah, Wyoming, Colorado, Minnesota, Wisconsin, Michigan,
Maine, New Hampshire, Vermont, New York, Pennsylvania, and
Massachusetts. Currently within the lower 48 States there are
facilities in Idaho, Minnesota, Montana, North Dakota, and Utah that
raise captive-bred Canada lynx for commercial purposes.
The Department of the Interior Manual Part 318 DM, Federal Register
Documents, guides the Federal Register rulemaking process. A key
component of 318 DM is the preparation of a Record of Compliance (ROC).
The ROC certifies that a rulemaking action complies with the various
statutory, Executive Order, and Departmental Manual requirements
applicable to rulemaking. The contents of the ROC include certification
of compliance with the requirements of: Executive Order 12866-
Regulatory Planning and Review; the Regulatory Flexibility Act, (5
U.S.C. 601 et seq.); the Small Business Regulatory Enforcement Fairness
Act, (5 U.S.C. 804(2)); the Unfunded Mandates Reform Act,(2 U.S.C. 1501
et seq.); Executive Order 12630-Government Actions and Interference
With Constitutionally Protected Property Rights; Executive Order 12612-
Federalism; Executive Order 12988-Civil Justice Reform; the Paperwork
Reduction Act of 1995 (44 U.S.C. 350); the National Environmental
Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.); the
President's memorandum of April 29, 1994, ``Government-to-Government
Relations with the Native American Tribal Governments'' (59 FR 22951);
and the Department of Interior Manual, Departmental Responsibilities
for Indian Trust Resources (512 DM 2). In accordance with the
restrictions of section 4(b)(1)(A) of the Act regarding the basis for
listing determinations, the economic determinations contained in the
ROC are not applicable to the listing decision for the Canada lynx and
pertain only to the operation of the special rule regulation under
section 4(d) of the Act if the species is listed. You can obtain a copy
of this ROC by request (see ADDRESSES section).
Dated: May 6, 1999.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 99-18962 Filed 7-23-99; 8:45 am]
BILLING CODE 4310-55-P
