Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Contiguous United States Distinct Population Segment of the Canada Lynx

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[Federal Register: February 16, 2006 (Volume 71, Number 32)]
[Proposed Rules]
[Page 8258-8264]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16fe06-18]

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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AU52

Endangered and Threatened Wildlife and Plants; Proposed
Designation of Critical Habitat for the Contiguous United States
Distinct Population Segment of the Canada Lynx

AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of public comment period and
clarification of proposed critical habitat designation.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
reopening of the public comment period for the proposal to designate
critical habitat for the contiguous United States distinct population
segment of the Canada lynx (Lynx canadensis) under the Endangered
Species Act of 1973, as amended, which was published on November 9,
2005 (70 FR 68294). This will allow all interested parties the
opportunity to comment on the proposed critical habitat designation.
The public comment period is being reopened with this notice until
April 30, 2006. In addition, we provide information and maps clarifying
the areas proposed for critical habitat designation in the November 9,
2005 (70 FR 68294) publication.

DATES: Comments on the proposed designation of critical habitat for the
Canada lynx are due by April 30, 2006. Comments must be submitted
directly to the Service (see ADDRESSES) on or before the deadline. Any
comments received after the closing date may not be considered in the
final determination on the proposal.

ADDRESSES: If you wish to comment, you may submit your comments and
materials by any one of several methods:
1. You may submit written comments and information by mail or hand-
delivery to Field Supervisor, U.S. Fish and Wildlife Service, Montana
Ecological Services Office, 585 Shepard Way, Helena, Montana 59601.
2. You may send comments by electronic mail (e-mail) to
fw6_lynx@fws.gov. Please see the Public Comments Solicited section below
for file format and other information about electronic filing.
The critical habitat proposal and supportive maps are available for
viewing by appointment during regular business hours at the above
address. All comments and materials received, as well as supporting
documentation used in preparation of the proposed rule, will be
available for public inspection, by appointment, during normal business
hours at the above address. Information regarding this proposal is
available on the Internet:
http://mountain-prairie.fws.gov/species/mammals/lynx/.

FOR FURTHER INFORMATION CONTACT: Lori Nordstrom, Montana Ecological
Services Office (see ADDRESSES), telephone 406-449-5225 extension 208.

SUPPLEMENTARY INFORMATION:

Background

We have received a number of requests to reopen the comment period
for the proposal to designate critical habitat for the contiguous
United States distinct population segment of the Canada lynx (Lynx
canadensis) (lynx) pursuant to the Endangered Species Act of 1973, as
amended (Act), which was published in the Federal Register on November
9, 2005 (70 FR 68294). The original comment period closed on February
7, 2006.
The areas proposed for designation as critical habitat occur within
four units in the States of Idaho (ID), Maine, Minnesota, Montana (MT),
and Washington (WA). Because of difficulties obtaining accurate
delineations of National Forest boundaries in the Northern Rocky
Mountains (ID and MT) and Northern Cascades (WA) units in a timely
manner, the area estimates for these two units in the proposed rule
included National Forest lands although National Forest lands were not
proposed as critical habitat for these two units. Tables 1 and 2 are
provided below to correct the information in the November 9, 2005,
proposed rule; these tables reflect our best estimate of the area and
land ownership within these two proposed units. In total, approximately
18,031 square miles (mi\2\) (46,699 square kilometers (km\2\)) fall
within the boundaries of the proposed critical habitat designation.

Table 1.--Area of the Four Critical Habitat Units Proposed for the
Canada Lynx
------------------------------------------------------------------------
Critical habitat unit Miles\2\ Kilometers\2\
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1. Maine................................ 10,633 27,539
2. Minnesota............................ 3,546 9,183
3. Northern Rocky Mountains (ID/MT)..... 3,549 9,192
4. Northern Cascades (WA)............... 303 785
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Total............................... 18,031 46,699
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Table 2.--Critical Habitat Proposed for the Canada Lynx by Land Ownership and State (mi\2\/km\2\)
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Federal State Private Tribal Other
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Idaho.................................................... 0.02/0.05 1/2.6 0/0 0/0 0/0
Maine.................................................... 13/337 758/1,963 9,741/25,229 86/223 35/91
Minnesota................................................ 440/1140 1,355/3,509 1,661/4,302 74/192 15/39
Montana.................................................. 1,428/3,699 365/945 1,691/4,380 0/0 113/293
Washington............................................... 135/350 164/425 2/5 0/0 2/5
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Total................................................ 2,016/5,221 2,643/6,845 13,095/33,916 160/414 165/427
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To further clarify the proposed critical habitat designation, in
this notice we are republishing maps of each proposed unit. Map 1
depicts Unit 1 (Maine); Map 2 depicts Unit 2 (Minnesota); Map 3 depicts
Unit 3 (Northern Rockies); and Map 4 depicts Unit 4 (North Cascades).
For the proposed critical habitat unit in Minnesota, our intention is
that the proposed critical habitat boundary reflect Lynx Analysis Unit
boundaries. Our narrative description of the

[[Page 8259]]

proposed critical habitat boundary may not precisely match the
boundaries of the Lynx Analysis Units, which, in some areas, were based
on relatively obscure biogeographic boundaries. Furthermore, there have
been minor changes in the boundary descriptions for the Minnesota unit
that we are not republishing here but are available on our Web site:
http://mountain-prairie.fws.gov/species/mammals/lynx/.
We hereby solicit data and comments from the public on all aspects
of the proposed critical habitat designation, including data on
economic and other potential impacts of the designation. We are also
soliciting public comments on inclusion of certain lands in the
designation, the appropriateness of excluding lands from this
designation that are covered by management plans that provide for the
conservation of lynx, and our determination as to whether existing
management plans provide special management and protection for lynx
habitat.
Critical habitat identifies specific areas that are essential to
the conservation of a listed species and that may require special
management considerations or protection. If the proposed rule is made
final, section 7 of the Act will prohibit adverse modification of
critical habitat by any activity funded, authorized, or carried out by
any Federal agency. Federal agencies proposing actions affecting areas
designated as critical habitat must consult with us on the effects of
their proposed actions, pursuant to section 7(a)(2) of the Act.
On the basis of public comment, during the development of the final
rule we may find, among other things, that areas proposed are not
essential to the conservation of the species or do not require special
management considerations or protection, are appropriate for exclusion
under section 4(b)(2) of the Act, or are not appropriate for exclusion,
and in all of these cases, this information will be incorporated into
the final designation. Final management plans and data supporting their
effectiveness that address the conservation of the lynx must be submitted
to us during the public comment period so that we can take them into
consideration when making our final critical habitat determination.
Comments are invited specifically concerning:
(1) The reasons any habitat should or should not be determined to
be critical habitat as provided by section 4 of the Act, including, but
not limited to, whether the benefit of designation will outweigh any
threats to the species due to designation;
(2) Specific information on the amount and distribution of lynx
habitat in the contiguous United States, and whether or not occupied
habitat proposed for designation has features that are essential to the
conservation of the species and why and what unoccupied habitat is
essential to the conservation of the species and why;
(3) Comments or information that may assist us with identifying or
clarifying the Primary Constituent Elements (PCEs);
(4) Land use designations and current or planned activities in
areas proposed as critical habitat and their possible impacts on
proposed critical habitat;
(5) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed designation and, in particular, any
impacts on small entities;
(6) As discussed in the proposed rule, we are considering whether
some of the lands we have identified as having features essential for
the conservation of the lynx should not be included in the final
designation of critical habitat if, prior to the final critical habitat
designation, they are covered by final management plans that
incorporate conservation measures for the lynx (i.e., the LCAS
(Ruediger et al. 2000), or comparable). In particular, seven National
Forests and one Bureau of Land Management (BLM) district are in the
process of revising or amending their Land and Resource Management
Plans (LRMP) to provide measures for lynx conservation. It is
anticipated that all of these plans will be complete prior to
promulgation of the final critical habitat designation. As a result,
all National Forest and BLM plans would have measures that provide for
conservation of lynx, and consequently will not be in need of special
management or protection.
Currently, National Forests that have not revised or amended their
LRMPs operate under a Conservation Agreement with the Service in which
the parties agree to take measures to reduce or eliminate adverse
effects or risks to lynx and its occupied habitat pending amendments to
LRMPs. The LCAS is a basis for implementing this Agreement.
In addition, we will be evaluating the adequacy of existing
management plans to conserve lynx on lands that are designated
wilderness areas or National Parks, as discussed in the proposed rule.
We specifically solicit comment on whether such areas meet the
definition of critical habitat based on:
(A) Whether these areas contain features essential to the
conservation of the lynx;
(B) The adequacy of these management plans or the Conservation
Agreement to provide special management and protection to lynx habitat;
Any of these lands identified above may, if appropriate, be
included in the final critical habitat designation, even if not
proposed for designation in this notice.
(7) Our proposal to not include tribal lands in the Maine and
Minnesota units under the Secretarial Order Number 3206. The size of
the individual reservation lands in the Maine and Minnesota units is
relatively small. As a result, we believe conservation of the lynx can
be achieved by limiting the designation to the other lands in the
proposed units (see ``Relationship of Critical Habitat to Tribal
Lands'' below).
(8) Whether lands in three areas are essential for the conservation
of the species and the basis for why they might be essential. These
areas are: (a) The Greater Yellowstone Ecosystem (Wyoming, Montana, and
Idaho); (b) the ``Kettle Range'' in Ferry County, Washington; and (c)
the Southern Rocky Mountains,
(9) How the proposed boundaries of critical habitat units could be
refined to more closely conform to the boreal forest types occupied by
lynx. Maps that accurately depict the specific vegetation types on all
land ownerships were not readily available. Additionally, even if
accurate, detailed vegetation maps were available, we were unsure how
to delineate and describe critical habitat boundaries that solely
encompassed lands containing the features essential to the conservation
of the lynx.
(10) Whether our approach to designating critical habitat could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments.
If you wish to comment, you may submit your comments and materials
concerning the proposal by any one of several methods (see ADDRESSES
section). Please submit Internet comments to fw6_lynx@fws.gov in ASCII
file format and avoid the use of special characters or any form of
encryption. Please also include ``Attn: lynx comments'' in your e-mail
subject header and your name and return address in the body of your
message. If you do not receive a confirmation from the system that we
have received your Internet message, contact us directly by calling our
Montana Ecological Services Office at telephone number 406-449-5225.

[[Page 8260]]

Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address, which we will honor to the extent allowable by law.
If you wish us to withhold your name or address, you must state this
request prominently at the beginning of your comments. However, we will
not consider anonymous comments. To the extent consistent with
applicable law, we will make all submissions from organizations or
businesses, and from individuals identifying themselves as
representatives or officials of organizations or businesses, available
for public inspection in their entirety.
Comments and materials received, as well as supporting
documentation used in preparation of the proposal to designate critical
habitat, will be available for public inspection, by appointment,
during normal business hours at the Montana Ecological Services Office
(see ADDRESSES section).

Author

The primary author of this notice is Lori Nordstrom, Montana
Ecological Services Office (see ADDRESSES).

Authority

The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).

Dated: February 9, 2006.
Matt Hogan,
Acting Assistant Secretary for Fish and Wildlife and Parks.
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[FR Doc. 06-1443 Filed 2-15-06; 8:45 am]
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Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Contiguous United States Distinct Population Segment of the Canada Lynx

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