[Federal Register Volume 59, Number 247 (Tuesday, December 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31740]


[[Page Unknown]]

[Federal Register: December 27, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

 

Endangered and Threatened Wildlife and Plants; 12-Month Finding 
for a Petition to List As Endangered or Threatened the Contiguous 
United States Population of the Canada Lynx

agency: Fish and Wildlife Service, Interior.

action: Notice of 12-month petition finding.

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summary: The U.S. Fish and Wildlife Service (Service) announces a 12-
month finding for a petition to add the contiguous United States 
population of the Canada lynx (Lynx canadensis) to the List of 
Threatened and Endangered Species. The Service finds the petitioned 
action of listing the Canada lynx in the 48 contiguous States is not 
warranted.

dates: The finding announced in this document was made on December 20, 
1994.

addresses: Information, comments, or questions concerning this petition 
should be submitted to the Regional Director, P.O. Box 25486, Denver 
Federal Center, Denver, Colorado 80225. The petition, 12-month finding, 
supporting data, and comments are available for public inspection, by 
appointment, during normal business hours at the above address.

for further information contact: Ralph Morgenwick, Regional Director, 
Region 6, telephone (303) 236-8189.

SUPPLEMENTARY INFORMATION:

Background

    Section4(b)(3)(B) of the Endangered Species Act (Act) of 1973 as 
amended (16 U.S.C. 1531 et seq.), requires that, for any petition to 
revise the List of Threatened and Endangered Species that contains 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted, a finding must be made within 12 
months of the date of receipt of the petition on whether the petitioned 
action is (i) not warranted, (ii) warranted, or (iii) warranted but 
precluded by the efforts to revise the list and expeditious progress is 
being made in listing and delisting species. Upon making the finding, a 
notice shall be promptly published in the Federal Register. With this 
notice, the Service announces its 12-month finding on the petition to 
list the Canada lynx is not warranted. This finding is based on various 
documents, including published and unpublished studies, agency files, 
field survey records, and consultations with other Federal and State 
agencies. This notice summarizes information contained in the 12-month 
finding and represents the conclusion of the Service's status review.
    In August 1991, the U.S. Fish And Wildlife Service (Service) 
received a petition from several conservation organizations requesting 
that the Service list the lynx of the North Cascades ecosystem as an 
endangered species and designate critical habitat.
    On October 6, 1992, the Service published a notice of a petition 
finding indicating that there was not substantial information to 
indicate that listing the North Cascades population of the Canada lynx 
as endangered may be warranted (57 FR 46007). On July 9, 1993, the 
Service published a notice of a second finding on the North Cascades 
petition after evaluating new information and again found that there 
was not substantial information to indicate that listing the population 
may be warranted (58 FR 36924).
    Following publication of the notice, the petitioners filed suit 
challenging the finding. A settlement agreement was reached on November 
30, 1993, where the Service agreed to conduct a full status review of 
the lynx throughout its range in the lower 48 States and to determine 
whether it qualified as endangered or threatened pursuant to 16 U.S.C. 
Part 1533(a). On February 2, 1994, the Service published a notice (59 
FR 4887) announcing continuation of a status review initiated in 1982. 
The Service reviewed and considered public comments during its 
evaluation of the status of the lynx in the contiguous U.S.
    A petition dated April 23, 1994, was received by the Service from 
the Biodiversity Legal Foundation on April 27, 1994. The petition 
requested that the conterminous U.S. population of the North American 
lynx (Felis lynx canadensis) be listed as a threatened or endangered 
species. The petition provided numerous reasons for why the Canada lynx 
population in the contiguous U.S. should be added to the List of 
Threatened and Endangered Species. The petitioners also requested that 
the southern Rocky Mountain population of the lynx be protected by 
emergency listing because it is severely imperiled, the population 
level is low, and it is reproductively isolated.
    Notice of a 90-day finding published in the August 26, 1994, 
Federal Register (59 FR 44123) found that there was substantial 
information to indicate that listing the contiguous population of the 
Canada lynx may be warranted. However, the notice also indicated that 
the petition did not present substantial information to indicate the 
emergency listing of the Canada lynx in the southern Rockies is 
warranted.
    The lynx, generally considered rare because of its secretive 
nature, is actually common throughout its Northern American range. Lynx 
occupy the boreal regions of North America, commonly referred to as the 
Canadian and Hudsonian Life Zones. These habitats are characterized by 
dense coniferous forests and wet bogs. Cold climates, deep snow, and 
wildfire are major influences on these habitats. Lynx are found within 
these habitats from Newfoundland, Labrador, and Quebec on the east to 
Alaska and British Columbia on the west; from the Arctic treeline south 
into portions of the contiguous U.S. (Brittell et al. 1989).
    Specific to the U.S., lynx distribution represents the fringe of 
the population occurring in its historic range. Consequently, the lynx 
does not commonly occur within this southern limit of its range due to 
the lack of favorable habitats. Favorable habitat conditions for the 
lynx dissipate with decreasing latitude. Thus, the lynx is restricted 
to higher elevations the more southern the latitude. The most southern 
range extensions for the species are found in the Rocky Mountains and 
associated high elevations. The distribution and population numbers of 
the lynx closely follow that of the snowshoe hare, its primary food 
item. During population highs, snowshoe hare may occupy marginal 
habitats thereby, allowing the lynx to widen their distribution 
(Brittell et al. 1989). During years of abundance, lynx may extend 
their distribution and occur in higher densities along the southern 
extension of their range. This fluctuation of population size and 
distribution is attributed to dispersal of predominately young animals 
from the resident Canadian population. Local ``irruptions'' or 
invasions of lynx have been reported in the northern U.S. following 
population highs further north in Canada. Population cycles may not be 
as noticeable in the southern extremes of the lynx range because such 
habitat is not an important part of its range and U.S. resident 
populations are initially low.
    The historic range of the lynx in the contiguous U.S. has generally 
been recognized as including New England (Maine, New Hampshire, Vermont 
and New York), the Great Lakes (Michigan, Wisconsin and Minnesota), the 
Rocky Mountains (Idaho, Montana, Wyoming, Utah, and Colorado) and the 
Northwest Region (Washington and Oregon). There is evidence that 
presence of lynx in the contiguous U.S. corresponded to cyclic 
dispersals from Canada (particularly in the Great Lakes region). Thus, 
the Service believes that some of these States within the species' 
historic range never supported viable resident populations of lynx over 
time.
    The Northeastern and Great Lakes forests are sub-boreal forests and 
therefore fire regimes, important for the creation of snowshoe hare 
habitat, do not function as in true boreal forests. Most of these 
original sub-boreal forests were destroyed by lumbering and 
agricultural activities by the late 1880's and early 1900's. The lynx 
was already extirpated from the New England States (except for Maine) 
by the turn of the century.
    Lynx were extremely scarce in the first half of the century in 
Montana. By 1979, the population was estimated to be between 1800 and 
2500 animals. Lumbering activities and wildfire of the early 1920's, 
has affected Montana's present population of lynx which is the largest 
in the contiguous U.S. Montana also has the largest amount of available 
habitat (Giddings 1994). In the Cascades (Northwest Region), lynx 
benefit from relative isolation of large undisturbed tracts of habitat 
(approximately 3,673 square miles) and in the State of Washington, 
there is about 6,500 square miles of lynx habitat (Brittell et al. 
1989).
    The Canada lynx (Lynx canadensis) is one and the same species (a 
monotypic species) throughout its entire range in North America. The 
term ``species'' under the Act includes any subspecies of fish, 
wildlife, and plants, and any distinct population segment of any 
species of vertebrate fish and wildlife which interbreeds when mature. 
The Service limited it status review of the lynx to the 48 contiguous 
States, as directed in the settlement agreement and requested in the 
petition.

Summary of Factors Affecting the Species

    The following is a summary and discussion of the five factors set 
forth in section 4(a)(1) of the Act and their applicability to the 
current status of the Canada lynx in the contiguous 48 States.

A. Present or Threatened Destruction, Modification, or Curtailment of 
Its Habitat or Range

    The Canada lynx is widely distributed throughout the northern 
boreal forests of Canada and Alaska. Its extreme southern limits are 
the U.S./Canada border areas with the southern-most extensions found in 
the Rocky Mountains. Historically, lynx populations were minimal in the 
contiguous U.S. due to a lack of suitable habitat. During years of lynx 
abundance in Canada increased densities of resident populations 
resulted along the southern boundary of its range. There is evidence 
that the increased presence of lynx in the contiguous U.S. corresponds 
to cyclic dispersals from Canada. At the turn of the century and 
especially in the Northeastern portion of the U.S., habitat loss due to 
human settlement and forest clearing reduced the southern range of the 
lynx. Since the 1970's, this trend has reversed in some States. 
Presently, Maine, Montana and Washington have resident lynx 
populations. In Montana prior to 1950, lynx were considered to be 
extremely rare. Today, however, an estimated 700 to 1,050 lynx could 
occupy approximately 37,000 square miles of montane forest habitat in 
Montana (Giddings 1994).

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    In the contiguous U.S., lynx inhabit fairly remote, isolated areas. 
Before 1977, pelt prices were low, approximately $12.00 a piece and 
lynx were harvested incidental to other furbearers. In 1977, all 
felids, including lynx, were listed in Appendix II of the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES). Appendix II species may be internationally traded provided 
CITES export permits are issued. The issuance of permits provides a 
means of monitoring trade and determining if it is having a significant 
impact on the species. In conjunction with CITES, States are required 
to have a management program and a harvest season for the species. 
Presently only five States have a trapping season for lynx--Alaska, 
Idaho, Minnesota, Montana, and Washington. In 1984, Minnesota closed 
its lynx season and Washington followed suit in 1990. Presently only 
Idaho and Montana of the lower 48 States allow a limited annual harvest 
of two and three animals, respectively. These quotas include the 
incidental take of lynx by bobcat trappers. From 1982 to 1992, only 
three lynx were trapped in Idaho. From 1993 to 1994, only four animals 
were taken in Montana. These low harvest levels are contributed to the 
low level of hunting and trapping occurring in the remote areas 
inhabited by lynx. Hunting and trapping pressure on the lynx has been 
historically low in the U.S. and there is little evidence that these 
activities pose a threat to the continued existence of this species in 
the wild.

C. Disease or Predation

    The Canada lynx could be displaced or eliminated by expansion of 
competitors such as the bobcat (Lynx rufus) or coyote (Canis latrans) 
into their present range. However, lynx are more restricted to areas 
that receive deep snow cover where they are more highly adapted than 
are bobcats. Neither disease nor predation is known to be a threat to 
the lynx.

D. The Inadequacy of Existing Regulatory Mechanism

    The lynx is protected in each State where it occurs in the lower 48 
contiguous States. Seven States classify it as threatened or endangered 
or a species of concern. Idaho and Montana have a trapping season with 
annual Statewide harvest quotas of two and three animals, respectively. 
Hunting and trapping with dogs and taking with firearms is illegal in 
every State except one in which the lynx occurs. Few if any States ever 
had a bounty system for the species. In addition to State protection, 
the lynx has been listed in Appendix II of CITES since 1977, and its 
status and harvest levels have been monitored by the Service's Office 
of Scientific Authority.

E. Other Natural or Manmade Factors Affecting its Continued Existence

    Lynx distribution has not significantly changed from historic 
ranges except for periodic peripheral shifts of distribution with 
cyclical changes of its chief prey, the snowshoe or varying hare (Lepus 
americanus), and local losses due to loss of habitat in southern-most 
areas. Fire suppression in the contiguous 48 States has had some effect 
on lynx numbers, since early successional habitats are important to 
lynx due to a greater abundance of snowshoe hares in these areas. 
Although early regeneration stages of habitat are preferred by hares, 
lynx hunt primarily in more open mature and later successional stages 
of forest.

Finding

    The Act requires the Service to make determinations regarding 
listings solely on the basis of the best available scientific and 
commercial data after conducting a review of the status of the species 
and after taking into account those efforts being made by State and 
Federal agencies to protect the species. The Act also allows for the 
Service to list ``distinct population segments'' of vertebrate fish and 
wildlife.
    The Service was petitioned to list the Canada lynx in the 40 
contiguous States as a vertebrate population pursuant to the Endangered 
Species Act. The Service conducted a status review of the Canada lynx 
in the contiguous U.S. After carefully evaluating the best available 
scientific and commercial information regarding the past, present and 
future threats faced by this species, the Service finds that listing of 
the Canada lynx in the contiguous U.S. is not warranted. The Service 
also finds that the petition did not present substantial information 
that the southern Rocky Mountain population of the Canada lynx meets 
the definition of a ``species'' under section 3(15) of the Act.
    The Canada lynx is naturally low density-occurring carnivore 
throughout the northern boreal forests of Canada and Alaska with its 
extreme southern limits occurring south of the U.S./Canada border. It 
was never a common species in the contiguous U.S. because of limited 
suitable habitat and, except for in Maine, Montana and Washington, 
little evidence of breeding populations south of the border exists. 
Presence of the species in most of the contiguous 48 States corresponds 
to cyclic dispersals from Canada.
    At the turn of the century, habitat loss due to human settlement 
and forest clearing reduced the range of lynx in southern areas. 
However, the lynx currently occupies much of its original historic 
range. The Service is unable to substantiate that trapping, hunting, 
poaching, and present habitat destruction threaten the continued 
existence of the lynx in the wild in the contiguous U.S. Consequently, 
the Service finds that listing the Canada lynx in the contiguous U.S. 
is not warranted. The Service's 12-month finding contains more detailed 
information regarding the above decisions. A copy may be obtained from 
the Division of Endangered Species (see ADDRESSES section).
    A draft notice of our finding is attached for your review and 
prompt publication in the Federal Register. The petitioners will be 
notified of our finding upon its publication.

Author

    This document was prepared by (see ADDRESSES section).

Authority

    The authority for this action is the Endangered Species Act (16 
U.S.C. 1531 et seq.).
    Dated: December 20, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-31740 Filed 12-23-94; 8:45 am]
BILLING CODE 4310-55-M