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

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]

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