[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Proposed Rules]
[Pages 36836-36837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17246]
[[Page 36836]]
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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; Notice of 6-month
Extension on the Proposed Rule to List the Contiguous United States
Distinct Population Segment of the Canada Lynx as Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of extension of deadline.
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SUMMARY: We (the U.S. Fish and Wildlife Service) extend for not more
than 6 months the time to make a decision on the proposal to list the
contiguous United States distinct population segment of the Canada lynx
(Lynx canadensis) as a threatened species. The new deadline for final
action on the proposed rule to list the contiguous United States
population segment of the Canada lynx is extended from July 8, 1999, to
January 8, 2000. We will use the 6-month extension to obtain and review
new information anticipated to be forthcoming in a scientific report on
the Canada lynx from the U.S. Forest Service's Rocky Mountain Research
Station.
DATES: We intend to reopen the public comment period to accept comment
on the science report when it becomes available and will soon announce
the dates of the new public comment period in the Federal Register.
ADDRESSES: The complete file for this notice is available for
inspection, by appointment, during normal business hours at the Montana
Field Office, U.S. Fish and Wildlife Service, 100 N. Park Avenue, Suite
320, Helena, Montana 59601.
FOR FURTHER INFORMATION CONTACT: Kemper McMaster, Field Supervisor at
the above address, or telephone 406/449-5225; facsimile 406/449-5339.
SUPPLEMENTARY INFORMATION:
Background
Within the timeframes established under the Endangered Species Act
of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), a final
determination of whether or not to list the contiguous United States
distinct population segment of the Canada lynx is due by July 8, 1999.
The proposed listing of the Canada lynx was a result of a settlement
agreement between the U.S. Fish and Wildlife Service and the
plaintiffs, Defenders of Wildlife et al., on February 12, 1998. This
agreement required the publication of a proposed rule to list the
Canada lynx in the contiguous United States. The proposed rule to list
this population segment as threatened was published in the Federal
Register on July 8, 1998 (63 FR 36994).
If there is substantial disagreement regarding the sufficiency or
accuracy of the available data, the Act allows for a 6-month extension
of a final listing determination for the purpose of soliciting
additional data. We are extending for 6 months the deadline for the
final determination to list the lynx. The new deadline for a final
listing determination is extended from July 8, 1999, to January 8,
2000.
The scientific basis for our findings and conclusions in the
proposed rule have been questioned by many of the 14 affected State
wildlife agencies that responded during the public comment period.
These State wildlife agencies have expertise and historical knowledge
of lynx biology within their respective jurisdictions and dispute the
accuracy of our assessment of the status and/or threats to the lynx.
The information challenged by the State agencies included our
assessment of the effects on lynx populations of forestry practices,
past overharvesting, and competition with other species. They also
disputed our assessment of the lynx population's status within the
individual states. Additionally, we received comments from professional
societies similarly disputing the assessment of status and threats.
Subsequent to the 1998 settlement agreement, the U.S. Forest
Service's Rocky Mountain Research Station assembled a team of
scientists to prepare a scientific report on the Canada lynx. This
``science report'' will be a comprehensive compilation and assessment
of historic and current lynx occurrence records and distribution,
scientific literature, lynx and prey ecology, habitat correlations, and
threats to the continued existence of lynx in the contiguous United
States. The science report will be the only comprehensive assessment of
lynx in the contiguous United States, besides the Service's proposed
rule. The science report will undergo scientific peer review prior to
release. The science report is anticipated to be finalized by late July
1999.
Given the serious concerns expressed by the States and scientists
with expertise in the field of lynx biology questioning our assessment
of the status and threats to the lynx in the proposed rule, and our
assessment of preliminary information from the Science Team that may
cause us to reconsider some of the conclusions on status and threats in
the proposed rule, we conclude that there is substantial scientific
disagreement regarding the sufficiency and accuracy of the available
data relevant to a final determination of whether or not to list the
lynx. The additional time we need to adequately address these issues is
not anticipated to appreciably impact the lynx.
We have reason to believe the forthcoming science report will
represent significant new and important information critical to helping
resolve ongoing substantial scientific disagreement regarding the
status of lynx and the presence and magnitude of threats facing its
continued existence in the contiguous United States. Therefore, we are
using the provision in section 4(b)(6)(B)(i) of the Act to extend for a
period of 6 months the deadline for a final listing determination for
the lynx.
The 6-month extension will enable us to receive and evaluate the
new information in the science report, allow time for public comment on
the science report, assess the public comments received, and integrate
this information into the final listing decision. The extension will
enable us to make a sound final determination using the best available
scientific and commercial data, within the legal mandates of the Act
and the Administrative Procedure Act.
This report is expected to be an important contribution to the best
scientific and commercial data available and may strengthen the
biological basis for making a final listing determination for the
Canada lynx. The public comment period will be reopened to receive both
the science report and accept public comments on the report. The
opening of the public comment period will be announced in the Federal
Register when the availability of the science report is known. At that
time, instructions for obtaining a copy of the science report also will
be announced.
Author. The author of this document is Lori H. Nordstrom (see
ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
[[Page 36837]]
Dated: June 30, 1999.
John G. Rogers,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 99-17246 Filed 7-7-99; 8:45 am]
BILLING CODE 4310-55-P
