[Federal Register Volume 64, Number 142 (Monday, July 26, 1999)]
[Proposed Rules]
[Pages 40333-40334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18962]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AF03


Endangered and Threatened Wildlife and Plants; Canada Lynx; 
Special Rule Record of Compliance

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: On July 8, 1998, we published a proposed rule to list the 
United States (lower 48 States) population segment of the Canada lynx 
as threatened under the Endangered Species Act of 1973, as amended 
(Act). The listing included a special rule regulation issued under 
section 4(d) of the Act that would allow the export under the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES) of live captive-bred Canada lynx, and skins derived 
from the captive-bred population of Canada lynx. This notice announces 
the availability of the Record of Compliance with the various 
statutory, Executive Order, and Departmental requirements applicable to 
the special rule regulation and invites comments on the Record of 
Compliance.

ADDRESSES: To request a copy of the Record of Compliance, contact the 
U.S. Fish and Wildlife Service, Montana

[[Page 40334]]

Field Office, 100 N. Park Ave., Suite 320, Helena, Montana 59601. Send 
your comments on the Record of Compliance to this same address.

FOR FURTHER INFORMATION CONTACT: Kemper McMaster, Field Supervisor, 
U.S. Fish and Wildlife Service, Montana Field Office, at the address 
above.

SUPPLEMENTARY INFORMATION:
    On July 8, 1998, we published a proposed rule to list the United 
States population (lower 48 States) segment of the Canada lynx (Lynx 
canadensis) as threatened, and the captive-bred population of Canada 
lynx within the lower 48 States as threatened due to similarity of 
appearance.
    The proposed listing rule included a special rule regulation under 
section 4(d) of the Act that would allow the export under the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES)(50 CFR part 23) of live captive-bred Canada lynx, and 
skins derived from the United States captive-bred population (lower 48 
States) of Canada lynx, accompanied by a valid CITES export tag and 
permit. CITES is an international treaty for the regulation of 
international trade in certain animal and plant species. We would 
authorize such export in accordance with the permit requirements at 50 
CFR 17.32.
    The range of the United States population (lower 48 States) segment 
of the Canada lynx includes the States of Washington, Oregon, Idaho, 
Montana, Utah, Wyoming, Colorado, Minnesota, Wisconsin, Michigan, 
Maine, New Hampshire, Vermont, New York, Pennsylvania, and 
Massachusetts. Currently within the lower 48 States there are 
facilities in Idaho, Minnesota, Montana, North Dakota, and Utah that 
raise captive-bred Canada lynx for commercial purposes.
    The Department of the Interior Manual Part 318 DM, Federal Register 
Documents, guides the Federal Register rulemaking process. A key 
component of 318 DM is the preparation of a Record of Compliance (ROC). 
The ROC certifies that a rulemaking action complies with the various 
statutory, Executive Order, and Departmental Manual requirements 
applicable to rulemaking. The contents of the ROC include certification 
of compliance with the requirements of: Executive Order 12866-
Regulatory Planning and Review; the Regulatory Flexibility Act, (5 
U.S.C. 601 et seq.); the Small Business Regulatory Enforcement Fairness 
Act, (5 U.S.C. 804(2)); the Unfunded Mandates Reform Act,(2 U.S.C. 1501 
et seq.); Executive Order 12630-Government Actions and Interference 
With Constitutionally Protected Property Rights; Executive Order 12612-
Federalism; Executive Order 12988-Civil Justice Reform; the Paperwork 
Reduction Act of 1995 (44 U.S.C. 350); the National Environmental 
Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.); the 
President's memorandum of April 29, 1994, ``Government-to-Government 
Relations with the Native American Tribal Governments'' (59 FR 22951); 
and the Department of Interior Manual, Departmental Responsibilities 
for Indian Trust Resources (512 DM 2). In accordance with the 
restrictions of section 4(b)(1)(A) of the Act regarding the basis for 
listing determinations, the economic determinations contained in the 
ROC are not applicable to the listing decision for the Canada lynx and 
pertain only to the operation of the special rule regulation under 
section 4(d) of the Act if the species is listed. You can obtain a copy 
of this ROC by request (see ADDRESSES section).

    Dated: May 6, 1999.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 99-18962 Filed 7-23-99; 8:45 am]
BILLING CODE 4310-55-P