Comment on FR Doc # E8-30110

February 17, 2009 First Class Mail and NPS Website Public Comments Processing Attn: [FWS – R6 – ES – 2008 – 0088] Division of Policy and Directives Management U.S. Fish and Wildlife Service 4401 N. Fairfax Drive, Suite 222 Arlington, VA. 22203 Re: Comments on 12-Month Status Review of Canada Lynx in New Mexico Dear Sir or Madam: Safari Club International and Safari Club International Foundation (“SCI and SCIF”) appreciate the opportunity to comment on the 12-month status review of the Canada Lynx in New Mexico. 73 Fed. Reg. 76990-76994 (Dec. 18, 2008) (“Status Review”). SCI and SCIF previously commented on critical habitat designation for the Canada lynx proposed in 2005 and adopted in 2006 and that proposed in 2007- 08. SCI and SCIF also have been involved as amici curiae in litigation involving Section 9 taking of Canada lynx in Minnesota and Maine through regulated trapping activities. SCI and SCIF oppose the listing of the Canada lynx in New Mexico as unwarranted at this time based on the current science, existing regulatory mechanisms, and other factors. Safari Club International, a nonprofit IRC § 501(c)(4) corporation, has approximately 55,000 members worldwide, including many who live and hunt in New Mexico. SCI’s missions include the conservation of wildlife, protection of the hunter, and education of the public concerning hunting and its use as a conservation tool. Safari Club International Foundation is a nonprofit IRC § 501(c) (3) corporation. Its missions are: (a) to support the conservation of the various species and populations of game animals and other wildlife and the habitats on which they depend; (b) to demonstrate the importance of hunting as a conservation and management tool in the development, funding and operation of wildlife conservation programs; c) to educate the public concerning conservation and the role of sustainable use management, including hunting; and d) to utilize the resources of the hunting community to aid those less fortunate by providing humanitarian services. Lynx Cannot be Legally Hunted and Shot in New Mexico SCI and SCIF’s review of New Mexico law indicates that it is illegal to shoot or hunt Canada lynx in New Mexico, contrary to the claim of the Petitioners. 73 Fed. Reg. at 76994 (“Petitioners indicate that lynx traveling into New Mexico could be legally shot or killed.”) In New Mexico, it is illegal to “take any animals that are protected by law but not listed as game species and those that are listed as endangered or threatened species.” New Mexico Big Game & Trapper Rules and Information, 2008-09 License Year, page 9, http://www.wildlife.state.nm.us/publications/documents/rib/2008/BigGame.pdf. “P rotected furbearers that may be taken during open season are raccoon, badger, weasel, fox, ringtail, bobcats, muskrats, beaver, and nutra. There are other protected furbearers, but their take is prohibited. These include, but are not limited to pine marten, river otter, black-footed ferret, and coatimundi.” Id. at 54. This publication goes on to say that “Lynx are a federally protected species and may occur in parts of New Mexico” and includes information for telling “the difference between a Bobcat and Lynx.” Id. at 55. The New Mexico Department of Fish and Game (“NMDFG”) reports that no lynx were taken in 2007-08. 2007-08 New Mexico Hunter Harvest Report Program Summary of Results—Furbearers http://www.wildlife.state.nm.us/recreation/hunting/harvest/documents/07- 08furbearerharvestreport.html. Although the FWS should confirm these facts with the NMDFG, it appears that it is illegal to hunt or kill Canada lynx in New Mexico and no lynx have been killed in New Mexico recently. New Mexico law, a current regulatory mechanism, already protects this species in New Mexico. The FWS’s Concern Over Listing in Colorado Appear to be Even Stronger in New Mexico, Where there is no Historical Range The Status Review notice states that “Lynx disperse primarily when snowshoe hare populations decline.” 73 Fed. Reg. at 76992. If the lynx in Colorado are dispersing into New Mexico because of unfavorable snowshoe hare conditions in Colorado, what will happen to those lynx in New Mexico, which is even more of a fringe area for lynx, when there are fluctuations in snowshoe hare populations in New Mexico? The FWS anticipates “that because of natural fluctuations in snowshoe hare populations [in the contiguous United States], there will be periods when lynx densities are extremely low.” Id. It would appear that this concern would be greatest in the southern-most fringes of the lynx’s range (i.e., New Mexico). In addition, the FWS appears to continue to have concerns about the ability of the habitat in Colorado to support a sustained population of lynx in that state. “What is yet to be determined is whether current conditions in Colorado can support the recruitment necessary to offset annual mortality in order to sustain the population.” 73 Fed. Reg. at 76993, quoting Shenk, 2007 Wildlife Research Report, page 18. No documentation supports that the population reintroduced in Colorado has reproduced in New Mexico. Id. Thus, any population in New Mexico could very well be temporary and listing it is not warranted until it is clear any lynx in New Mexico constitute a permanent population. The FWS Should Carefully Assess the Status of Snowshoe Hares in the Proposed Listing Area As the Service knows, the existence of Canada lynx in any area is highly dependent on the existence of snowshoe hares (and the habitat that supports that species). 73 Fed. Reg. at 76992. The areas in which the hares exist in sufficient numbers moves from year to year, and can radically change in the timeframe of decades. See 73 Fed. Reg. at 10862. New Mexico lists the snowshoe hare as a “Species of Greatest Conservation Need” because of “loss of dense forest through logging, development, wildfire.” New Mexico Comprehensive Wildlife Conservation Strategy, page 595, http://www.wildlife.state.nm.us/conservation/comp_wildlife_cons_strategy/cwcs.ht m. These factors suggest a conservative approach to listing the lynx in an area that is not historical range. More time may tell whether the lynx is really in New Mexico to stay or is a temporary resident due to transient snowshoe hare conditions in New Mexico. All these facts indicate that a listing in New Mexico is unwarranted or at least premature. Any lynx that current reside in New Mexico are adequately protected by New Mexico law from taking by humans. The ESA was not designed to preserve species that might naturally fluctuate, especially in fringe, non- historical range. The resources of the FWS and New Mexico are better spent on other deserving species. Thank you for the opportunity to comment on this matter. Sincerely, Merle Shepard President, Safari Club International Safari Club International Foundation