Thursday, February 28, 2008 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised Critical Habitat for the Contiguous United States Distinct Population Segment of the Canada Lynx (Lynx canadensis); Proposed Rule VerDate Aug<31>2005 18:58 Feb 27, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\28FEP2.SGM 28FEP2 sroberts on PROD1PC70 with PROPOSALS 10860 Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Proposed Rules DEPARTMENT OF THE INTERIOR Wildlife Service; 4401 N. Fairfax Drive, refined to more closely circumscribe the Suite 222; Arlington, VA 22203. boreal forest landscapes occupied by Fish and Wildlife Service We will not accept e-mail or faxed lynx. Refined maps that accurately comments. We will post all comments depict the specific vegetation types on 50 CFR Part 17 on http://www.regulations.gov. This all land ownerships are not readily generally means that we will post any available. We are especially interested [FWS–R6–ES–2008–0026] personal information you provide us in this information for the Greater 92210–1117–0000-B4] (see the Public Comments section below Yellowstone Area unit. RIN 1018–AV78 for more information). (9) Whether our proposed revised FOR FURTHER INFORMATION CONTACT: critical habitat for the lynx should be Endangered and Threatened Wildlife Mark Wilson, Field Supervisor, altered in any way to account for and Plants; Revised Critical Habitat for Montana Ecological Services Office, 585 climate change. the Contiguous United States Distinct Shepard Way, Helena, MT, 59601; (10) Whether the proposed revised critical habitat designation for the lynx Population Segment of the Canada telephone 406–449–5225. If you use a should include private lands, or Lynx (Lynx canadensis) telecommunications device for the deaf whether the proposed Federal lands are (TDD), call the Federal Information AGENCY: Fish and Wildlife Service, sufficient to conserve lynx. Relay Service (FIRS) at 800–877–8339. Interior. (11) Whether U.S. Forest Service SUPPLEMENTARY INFORMATION: ACTION: Proposed rule. (USFS) lands that occur in the wildland- Public Comments urban-interface (WUI) should be SUMMARY: We, the U.S. Fish and excluded from critical habitat under Wildlife Service (Service), propose to We intend that any final action section 4(b)(2) of the Act so that fuels- revise designated critical habitat for the resulting from this proposal will be as reduction projects designed to protect contiguous United States distinct accurate and as effective as possible. human life and property from wildfire population segment of the Canada lynx Therefore, we request comments or would not be impeded in any way in (Lynx canadensis) (lynx) under the suggestions on this proposed rule. We these areas. Endangered Species Act of 1973, as particularly seek comments concerning: (12) Whether the Greater Yellowstone amended (Act). In the contiguous (1) The reasons why we should or Area is essential to the conservation of United States, the lynx generally should not designate specific habitat as lynx. Lynx in this proposed unit occur inhabits cold, moist boreal forests. ‘‘critical habitat’’ under section 4 of the at lower densities than in other Approximately 42,753 square miles Act (16 U.S.C. 1531 et seq.). proposed units, and the population is 2 2 (2) Specific information on: not connected to Canada, which is an (mi ) (110,727 square kilometers (km )) • fall within the boundaries of the The amount and distribution of important source of lynx in the United lynx habitat, States. proposed revised critical habitat • designation. The proposed revised What areas occupied at the time of (13) Any foreseeable economic, designation would add an additional listing and that contain features national security, or other potential 40,913 mi2 (105,959 km2) to the existing essential for the conservation of the impacts resulting from the proposed critical habitat designation of 1,841 mi2 species we should include in the designation and, in particular, any (4,768 km2). The proposed revised designation and why that might be so, impacts on small entities, and the and benefits of including or excluding areas critical habitat is located in Boundary • County, Idaho; Aroostook, Franklin, What areas not occupied at the time that exhibit these impacts. Penobscot, Piscataquis, and Somerset of listing are essential to the (14) Whether we could improve or Counties in Maine; Cook, Koochiching, conservation of the species and why modify our approach to designating Lake, and St. Louis Counties in that might be so. critical habitat in any way to provide for Minnesota; Flathead, Glacier, Granite, (3) Comments or information that may greater public participation and Lake, Lewis and Clark, Lincoln, assist us with identifying or clarifying understanding, or to better Missoula, Pondera, Powell, Teton, the primary constituent element. accommodate public concerns and Gallatin, Park, Sweetgrass, Stillwater, (4) Land use designations and current comments. and Carbon Counties in Montana; or planned activities in the areas The size of the individual Indian Chelan and Okanogan Counties in proposed as critical habitat and their reservation lands in the Northern Washington; and Park, Teton, Fremont, possible impacts on proposed revised Rockies, Maine, and Minnesota units is Sublette, and Lincoln Counties in critical habitat. relatively small. As a result, we believe Wyoming. (5) Whether Tribal lands in the conservation of the lynx can be Northern Rockies, Maine, and achieved by limiting the designation to DATES: We will accept comments Minnesota units need to be included as the other lands in the proposal without received or postmarked on or before critical habitat pursuant to Secretarial including Tribal lands (see April 28, 2008. We must receive Order Number 3206. ‘‘Relationship of Critical Habitat to requests for public hearings, in writing, (6) Whether lands the Southern Rocky Tribal Lands’’ below). at the address shown in the ADDRESSES Mountains contain the physical and The southern Rocky Mountains in section by April 14, 2008. biological features that are essential for Colorado, Utah, and southern Wyoming ADDRESSES: You may submit comments the conservation of the species and the are disjunct from other lynx habitats in by one of the following methods: basis for why that might be so the United States and Canada. The • Federal eRulemaking Portal: http:// (7) Whether lands in any unoccupied nearest lynx population occurs in the www.regulations.gov. Follow the areas, such as the ‘‘Kettle Range’’ in Greater Yellowstone Area (GYA), which instructions for submitting comments. Ferry County, Washington, are essential is a small, low density population also • U.S. mail or hand-delivery: Public to the conservation of lynx and the basis disjunct from other lynx populations Comments Processing, Attn: [FWS–R6– for why that might be so. and is unlikely to regularly supply ES–2008–0026]; Division of Policy and (8) How the proposed boundaries of dispersing lynx to the Southern Rockies. Directives Management; U.S. Fish and the revised critical habitat could be Native lynx were functionally extirpated VerDate Aug<31>2005 18:58 Feb 27, 2008 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\28FEP2.SGM 28FEP2 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Proposed Rules 10861 from their historic range in Colorado Hick 2007) that may provide insight on CONTACT). Maps of the proposed revised and southern Wyoming by the time the changes to lynx habitat. If necessary and critical habitat are also available on the lynx was listed as a threatened species appropriate, revisions to this proposed Internet at http://mountain-prairie. under the Act in 2000. In 1999, the State rule will be made to address this fws.gov/species/mammals/lynx/. of Colorado began an intensive effort to information. We will also be revising Background reintroduce lynx. Although it is too the economic analysis and early to determine whether the environmental assessment prepared for It is our intent to discuss only those introduction will result in a self- the previous designation and providing topics directly relevant to the sustaining population, the reintroduced drafts of the new economic analysis and designation of critical habitat in this lynx have produced kittens and now are environmental assessment to the public proposed rule. For more information on distributed throughout the lynx habitat before finalizing this proposal. the lynx refer to the final listing rule in Colorado and southern Wyoming. On the basis of public comment, published in the Federal Register on These animals are not designated as an during the development of the revised March 24, 2000 (65 FR 16052), and the experimental population under section final rule we may find, among other clarification of findings published in the 10(j) of the Act. Although Colorado’s things, that areas proposed are not Federal Register on July 3, 2003 (68 FR reintroduction effort is an important essential to the conservation of the 40076). step toward the recovery of lynx, we are species, are appropriate for exclusion Canada lynx are medium-sized cats, not proposing revised critical habitat in under section 4(b)(2) of the Act, or are generally measuring 30 to 35 inches (in) the Southern Rockies because of the not appropriate for exclusion. In all of (75 to 90 centimeters (cm)) long and current uncertainty that a self-sustaining these cases, this information will be weighing 18 to 23 pounds (8 to 10.5 lynx population will become incorporated into the revised final kilograms) (Quinn and Parker 1987, established. designation. Further, we may find as a Table 1). They have large, well-furred The Kettle Range in Washington result of public comments that areas not feet and long legs for traversing snow; historically supported lynx populations proposed should also be designated as tufts on the ears; and short, black-tipped (Stinson 2001).