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Environmental Law

: ESA Blawg

FWS proposes revised Lynx habitat

By Keith Rizzardi

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73 Fed. Reg. 10860 (Feb. 28, 2008)(Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Contiguous United States Distinct Population Segment of the Canada Lynx (Lynx canadensis))
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to revise designated critical habitat for the contiguous United States distinct population segment of the Canada lynx (Lynx canadensis) (lynx) under the Endangered Species Act of 1973, as amended (Act). In the contiguous United States, the lynx generally inhabits cold, moist boreal forests. Approximately 42,753 square miles (mi2) (110,727 square kilometers (km2)) fall within the boundaries of the proposed revised critical habitat designation. The proposed revised designation would add an additional 40,913 mi2 (105,959 km2) to the existing critical habitat designation of 1,841 mi2 (4,768 km2).

Canada lynx photo from Bureau of Land Management

COMMENTARY: The need to revisit the Canada lynx decision relates to the legacy (and eventual resignation) of a former DOI official. See ESAblawg After the Big Mac Attack: Interior's mea culpa.

OTHER RESOURCES:

AP Wire story from Seattle Intelligencer: "Federal wildlife managers said Thursday they want to increase by more than 20-fold the amount of land designated as critical habitat for the threatened Canada lynx, to nearly 43,000 square miles in six states."
FWS information page on the Canada lynx. See also final listing rule published in the Federal Register on March 24, 2000 (65 FR 16052), and the clarification of findings published in the Federal Register on July 3, 2003 (68 FR 40076).
An Endangered Species Coalition press release calls the Canada Lynx proposed rule "welcome news" and declares prior actions "purely political."

FROM THE FEDERAL REGISTER NOTICE:

The proposed revised critical habitat is located in Boundary County, Idaho; Aroostook, Franklin, Penobscot, Piscataquis, and Somerset Counties in Maine; Cook, Koochiching, Lake, and St. Louis Counties in Minnesota; Flathead, Glacier, Granite, Lake, Lewis and Clark, Lincoln, Missoula, Pondera, Powell, Teton, Gallatin, Park, Sweetgrass, Stillwater, and Carbon Counties in Montana; Chelan and Okanogan Counties in Washington; and Park, Teton, Fremont, Sublette, and Lincoln Counties in Wyoming...

Through the rulemaking process, FWS requested comments on 14 different topics, including: (1) The reasons why we should or should not designate specific habitat as ‘‘critical habitat’’ under section 4 of the Act (16 U.S.C. 1531 et seq.); (2) Specific information on the amount and distribution of lynx habitat; (3) Comments or information that may assist us with identifying or clarifying the primary constituent elements... (9) Whether our proposed revised critical habitat for the lynx should be altered in any way to account for climate change... (10) Whether the proposed revised critical habitat designation for the lynx should include private lands, or whether the proposed Federal lands are sufficient to conserve lynx... (13) Any foreseeable economic, national security, or other potential impacts resulting from the proposed designation and, in particular, any impacts on small entities, and the benefits of including or excluding areas that exhibit these impacts... and (14) Whether we could improve or modify our approach to designating critical habitat in any way to provide for greater public participation and understanding, or to better accommodate public concerns and comments.

Full post as published by ESA Blawg on February 28, 2008 (boomark / email).