Canada Lynx Survey: Unauthorized Hair Samples Submitted for	 
Analysis (06-MAR-02, GAO-02-496T).				 
								 
The National Interagency Canada Lynx Survey (Protocol) was	 
designed to determine the presence of Canada lynx through	 
deoxyribonucleic acid (DNA) analysis of hair samples recovered	 
from scratch pads located in forests in the northern United	 
States. Beginning in January 2002, GAO investigated the 	 
submission of unauthorized samples to the University of 	 
Montanta's laboratory as part of the National Survey and	 
investigated whether the biologists involved had communications  
about their submissions. There were four instances in which	 
unauthorized hair samples, not obtained from the Wenatchee and	 
Gifford Pinchot National Forests, were submitted for DNA testing 
as part of the National Survey for those forests. These included 
one submission on bobcat hair in 1999, and three submissions of  
lynx hair in September and October 2000. These biologists	 
maintain that they submitted these samples to test the accuracy  
of the work performed by the laboratory, although they knew that 
the Protocol for the National Survey did not provide for such	 
action. They also stated that they did not have the authority to 
make these submissions and that they were aware that they had	 
alternatives for testing the laboratory other than submitting	 
samples as part of the survey. This testimony summarizes a March 
report (GAO-02-488R).						 
-------------------------Indexing Terms------------------------- 
REPORTNUM:   GAO-02-496T					        
    ACCNO:   A02857						        
  TITLE:     Canada Lynx Survey: Unauthorized Hair Samples Submitted  
for Analysis							 
     DATE:   03/06/2002 
  SUBJECT:   Biological research				 
	     Endangered animals 				 
	     Endangered species 				 
	     Investigations into federal agencies		 
	     National forests					 
	     Testing						 
	     Wildlife conservation				 
	     Gifford Pinchot National Forest (WA)		 
	     National Interagency Canada Lynx Survey		 
	     Wenatchee National Forest (WA)			 

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GAO-02-496T
     
United States General Accounting Office

GAO Testimony

Before the Committee on Resource, U.S. House of Representatives

For Release on Delivery

Expected at 10:00 a.m., EST CANADA LYNX SURVEY

Wednesday, March 6, 2002

Unauthorized Hair Samples Submitted for Analysis

Statement of Ronald Malfi, Acting Managing Director, Office of Special
Investigations

GAO-02-496T

Mr. Chairman and Members of the Committee:

We are here today to discuss the investigation you asked us to undertake
concerning allegations that biologists with both federal and state agencies
submitted or participated in the submission of unauthorized hair samples
purportedly from the Gifford Pinchot and Wenatchee National Forests, in
response to the National Interagency Canada Lynx Survey (National Survey).

The report titled, Canada Lynx Survey: Unauthorized Hair Samples Submitted
for Analysis, dated Mar. 3, 2002, (GAO-02-338R) released today details our
investigation, and I ask that it be made a part of the hearing record.
Accompanying me today is Assistant Director Patrick Sullivan.

The National Interagency Canada Lynx Survey (Protocol) was designed to
determine the presence of Canada lynx through deoxyribonucleic acid (DNA)
analysis of hair samples recovered from scratch pads located in forests of
the northern United States. Included in the survey were the Gifford Pinchot
and Wenatchee National Forests, in Washington. This survey covered a
three-year period from 1999 through 2001, was sponsored by the U. S. Forest
Service, with the assistance of the U. S. Fish and Wildlife and the
Washington Department of Fish and Wildlife. The University of Montana's
laboratory performed the DNA testing of hair samples collected under the
survey. If the National Survey had detected Canada lynx in an area not
previously recognized as a known lynx habitat, a follow-up survey would have
been conducted in that area to determine whether or not a lynx population
was present.

Beginning in January 2002, we investigated the facts and circumstances
surrounding the submission of the unauthorized samples to the laboratory as
part of the National Survey and focused the investigation on whether the
biologists involved had communications about their submissions.

In summary, there were four instances in which unauthorized hair samples not
obtained from the Wenatchee and Gifford Pinchot National Forests, were
submitted for DNA testing as part of the National Survey for those forests.
These included one submission of bobcat hair in 1999, and three submissions
of lynx hair in September and October 2000. The Forest Service, Fish and
Wildlife Service, and Washington Department of Fish and Wildlife employed
the biologists who made those submissions. These biologists maintain that
they submitted these samples to test the accuracy of the work performed by
the laboratory, although they knew that the Protocol for the National Survey
did not provide for such action. They also

                   Page 1 GAO-02-496T Canada Lynx Survey

stated that they did not have the authority to make these submissions and
that they were aware that they had alternatives for testing the laboratory
other than submitting samples as part of the survey.

The Protocol under which the survey was conducted describes the method for
detecting lynx, obtaining lynx hair samples, and submitting the samples to
the laboratory for analysis. The Protocol did not provide procedures to
submit hair samples collected outside the survey to test the accuracy of
laboratory results. Further, the director of the laboratory told us that
there was no procedure whereby the biologists who submitted samples would
receive preliminary results, so that they could subsequently notify the
laboratory of their unauthorized submissions.

In 2000, one of the participants, a biologist with the Forest Service,
notified the field coordinator for the National Survey that a control sample
had been submitted in connection with the survey for the Gifford Pinchot
National Forest. However, he did not identify which sample was the control.
As a result, the laboratory and the Forest Service decided not to analyze
the hair samples submitted as part of the 2000 survey for the region that
included the Gifford Pinchot and Wenatchee National Forests until the Forest
Service completed an investigation and identified all of the unauthorized
submissions. None of the other biologists who made unauthorized submissions
disclosed their actions until after the Forest Service commenced its
investigation.

After the unauthorized samples were identified, the laboratory completed its
analysis of the 2000 survey samples, including the three unauthorized
samples. These three samples were determined to be Canada lynx, and were the
only samples submitted for analysis for the Gifford Pinchot and Wenatchee
National Forests that tested positive for Canada lynx.

We found that some of the individuals who participated in the unauthorized
submissions had discussions about submitting unauthorized samples both prior
to and after the submissions. For example, a biologist with the Fish &
Wildlife Service had prior discussions with two of the three biologists who
made unauthorized submissions in 2000. This biologist did not make any
submission, but participated in the collection of hair collected from
captive lynx, which was the source of the unauthorized samples submitted by
both a Forest Service biologist with the Gifford Pinchot National Forest and
another Fish and Wild Life Service biologist with the Wenatchee National
Forest.

                   Page 2 GAO-02-496T Canada Lynx Survey

Further, the employees of the Washington Department of Fish and Wildlife who
made the unauthorized submissions did not discuss those submissions in
advance with persons outside their Department. They did, however, subsequent
to the submissions, discuss their actions with employees of both the Forest
Service and Fish and Wildlife Service, some of whom also made unauthorized
submissions.

We also found that other employees of the Forest Service, Fish and Wildlife,
and Washington Department of Fish and Wildlife knew of and/or participated
in the unauthorized submissions, including some supervisors.

Mr. Chairman, that completes my prepared statement. We would be happy to
respond to any questions you or other members of the Committee may have at
this time.

               (601027) Page 3 GAO-02-496T Canada Lynx Survey
*** End of document. ***