Canada Lynx Conservation Agreement
Bureau
of Land Management
and
U.S. Fish and Wildlife Service
I. INTRODUCTION
On July 8, 1998, the U.S. Fish and Wildlife
Service (FWS) published a proposed rule to list the Canada lynx in the
conterminous United States as a threatened species under the Endangered Species
Act of 1973, as amended (ESA) (Federal Register, Volume 63, Number 130).
Thereafter, the normal 12 month rule-making process was extended for an
additional six months to allow for consideration of new scientific information
and additional public comments on the proposed rule.
In response to the emerging awareness of the
uncertain status of lynx populations and habitat in the conterminous United
States and the onset of the listing process, an interagency lynx coordination
effort was initiated in March 1998. The
FWS, USDA Forest Service (FS), the Bureau of Land Management (BLM), and the
National Park Service (NPS) have participated in this effort. Several products
important to the conservation of lynx on federally managed lands have been
produced through this effort: "The
Scientific Basis for Lynx Conservation" (Ruggiero et. al., 2000),
hereafter referred to as the "Science Report"; the Lynx Conservation
Assessment and Strategy (LCAS); and this Lynx Conservation Agreement (CA),
along with the Conservation Agreement between the FWS and the FS (FSCA). NPS is also in the process of developing a
Conservation Agreement with FWS. Several
States within the range of the lynx have contributed to this effort through
interactions with participants and review of draft products.
The Science Report, prepared by an
international team of experts in lynx biology and ecology, is a compendium and
interpretation of current scientific knowledge about the Canada lynx, its
primary prey and habitat relationships.
This document serves as the scientific foundation for the various lynx
activities of the cooperating Federal Agencies. The LCAS builds upon this scientific base and identifies the
risks to the species that may occur as a result of federal land
management. It recommends conservation
measures that could be taken to remove or minimize the identified risks. It was developed to provide a consistent and
effective approach to conservation of Canada lynx on federal lands in the
conterminous United States.
On March 24, 2000, the FWS issued a final
rule determining that the contiguous U.S. Distinct Population Segment of the
lynx is threatened by a number of factors (Federal Register, Volume 65, Number
58). The effective date of the final
rule is April 24, 2000. The final rule
states that “current Forest Service Land and Resource Management Plans include
programs, practices, and activities within the authority and jurisdiction of
Federal land management agencies that may threaten lynx or lynx habitat. The
lack of protection for lynx in these Plans render them inadequate to protect
the species.” Though the language of
the Final Rule determination is specific to FS Land and Resource Management
Plans (LRMP), the Biological Assessment of the Effects of National Forest Land
and Resource Management Plans and Bureau of Land Management Land Use Plans on
Canada Lynx (BA) that evaluated those plans applied identical criteria to both
FS LRMPs and BLM Land Use Plans (LUP).
The BA analysis of the FS and BLM Plans within the range of Canada lynx
in the conterminous 48 states showed that some adverse effects exist on each
administrative unit and in each geographic area (discussed below). The BA recommended amending or revising all
of the subject Plans to incorporate conservation measures that would reduce or
eliminate the identified adverse effects to lynx.
II. OBJECTIVE AND INTENT
This Agreement has been initiated to promote
the conservation of the Canada lynx and its habitat on federal lands managed by
the signatories. It identifies actions
the signatories agree to take to reduce or eliminate adverse effects or risks
to the species and its habitat, and to maintain the ecosystems on which this
species depends. These actions are a result of considering the new information
about the Canada lynx contained in the Lynx Science Report and the LCAS. The
LCAS is appended to this Agreement as Exhibit A. Specifically, the signatories
agree and intend:
·
to coordinate
assessment and planning efforts between the two agency signatories and with
other appropriate entities (e.g. USDA Forest Service, National Park Service,
State and Tribal agencies) to assure a comprehensive approach to conserving
lynx;
·
to use the
Science Report and LCAS, together with locally specific information as
appropriate, as the basis for these actions;
·
to use the
Science Report and LCAS, together with locally specific information as
appropriate, as the basis for streamlining ESA Section 7 consultation between
the BLM and FWS;
·
to utilize the
best available scientific and commercial data during the Section 7 consultation
process.
III. PARTIES TO THE CONSERVATION AGREEMENT
USDI Bureau of Land Management (BLM),
including Colorado, Idaho, Montana, Oregon/Washington, Utah and Wyoming. USDI Fish and Wildlife Service (FWS),
including Regions 1 and 6. Additional
parties (e.g. National Park Service, State agencies, and/or Tribal entities)
may join in this lynx conservation effort through amendment to this CA or use
of separate agreements.
IV. AUTHORITY FOR CONSERVATION AGREEMENTS
The actions in this Conservation Agreement
are within existing authorities of the signatories. The authority for the U.S.
Fish and Wildlife Service to enter into this voluntary Conservation Agreement
derives from the Endangered Species Act of 1973, as amended; the Fish and
Wildlife Act of 1956, as amended; and the Fish and Wildlife Coordination Act,
as amended. The primary purpose of the
ESA (Section 2 (b)) is to provide a means whereby ecosystems upon which endangered
and threatened species depend may be conserved. Further under Section 7,
federal agencies "...shall, in consultation with and with the assistance
of the Secretary, utilize their authorities in furtherance of the purposes of
this Act by carrying out programs for the conservation of endangered species
and threatened species...." Each federal agency "... shall, in
consultation with and with the assistance of the Secretary, insure that any
action authorized, funded or carried out by such agency... is not likely to
jeopardize the continued existence of any endangered species or threatened
species or result in the destruction or adverse modification of habitat of such
species which is determined by the Secretary... to be critical...." Under
the ESA, federal agencies must utilize their authorities to meet the purposes
of the Act by carrying out programs for the conservation of threatened and
endangered species. Section 5 of the Endangered Species Act specifically
authorizes and requires the Secretaries of the Interior and Agriculture to
"establish and implement a program to conserve fish, wildlife, and plants,
including those which are listed as endangered species or threatened species
....."
The authority for the BLM to enter into this
voluntary Conservation Agreement also derives from the Endangered Species Act
of 1973, as amended, and from the Federal Land Policy and Management Act
(FLPMA, Sec 307, 43 USC 1737), which provides overall direction to the Bureau
of Land Management for conservation and management of the public lands. The BLM manual, section 6840 (Special
Status Species Management), provides overall policy direction to BLM managers
to conserve listed threatened or endangered species on BLM administered lands,
and to ensure actions authorized on BLM administered lands do not contribute to
the need to list federal candidate, state‑listed or BLM sensitive
species.
V. STATUS AND DISTRIBUTION OF THE SPECIES
The U.S. Fish and Wildlife Service considers
the lynx to have been historically resident within 16 states: Maine, New
Hampshire, Vermont, New York, Pennsylvania, Massachusetts, Michigan, Wisconsin,
Minnesota, Montana, Wyoming, Idaho, Washington, Oregon, Utah, and
Colorado. In the Lynx Science Report, McKelvey
et. al. (1999) reported finding records of lynx occurrence in 24 states. Lynx occur primarily in boreal, sub-boreal,
and western montane forests in North America that support their primary prey,
snowshoe hares.
In addition to its federal threatened species
status, the lynx is classified as endangered by four states (Vermont, New
Hampshire, Michigan, and Colorado), threatened by Washington, sensitive by
Utah, extirpated by Massachusetts, presumed extirpated by Pennsylvania, a
species of special concern in Maine, a protected species in Wisconsin, and as
small game or furbearer with no harvest allowed in New York, Minnesota,
Wyoming, Idaho, and Montana.
The Lynx Conservation Assessment and Strategy
identifies 17 lynx risk factors in 4 different categories-- factors affecting lynx
productivity, lynx mortality, lynx movements, and other large-scale risk
factors. The risk factors identify activities or existing conditions that could
adversely affect either individual lynx or groups of lynx. Factors identified include timber management;
wildland fire management; recreation; forest/back country roads and trails;
livestock grazing; other human developments; trapping; predator control;
incidental or illegal shooting; competition and predation as influenced by
human activities; highways (vehicular collisions); highway, railroad and
utility corridors; land ownership patterns; ski areas and large resorts;
fragmentation and degradation of lynx refugia; lynx movement and dispersal
across shrub-steppe habitats; and habitat degradation by non-native invasive
plant species. The Science Report, the
LCAS and the FWS’s listing process documents (proposed rule and final rule) are
sources of more complete descriptions of the status and distribution of this species.
VI. CONSERVATION ACTIONS THAT WILL BE CARRIED
OUT
PART 1 - IDENTIFYING SPECIFIC AREAS SUBJECT
TO THIS AGREEMENT
The BLM will map lynx habitat, and designate
lynx analysis units and key linkage areas within the BLM administrative units
listed in the BA within twelve (12) months of the execution of this agreement
by the parties. BLM will coordinate
mapping with the FWS and FS and use the habitat descriptions from the LCAS in
these mapping activities. Lynx habitat,
as used later in this document, refers to the designations resulting from this
effort.
Within each lynx geographic area (refer to
the LCAS for geographic area definitions), BLM and Forest Service will
coordinate mapping to achieve a level of map consistency sufficient to support
programmatic and project planning, consultation and other lynx-related
activities. State and Tribal
governments may participate in these mapping activities.
This Conservation Agreement applies to all
BLM lands mapped as lynx habitat in the administrative units listed in the
BA. As information from the national
lynx survey (see Part 4B, below), lynx research and other sources (including
State and Tribal) becomes available the lynx habitat maps will be refined. As a result, the areas subject to this
agreement may change. Such refinements
will be fully coordinated between the signatories.
PART 2 - PROGRAMMATIC PLANNING
The BLM agrees that BLM LUPs should include
measures necessary to conserve lynx for all administrative units identified as
having lynx habitat. Any necessary changes in these plans will
be made through amendments, plan revisions,
or other appropriate mechanisms consistent with BLM policy direction, the
Federal Land Policy and Management Act (FLPMA), and the Council for
Environmental Quality regulations for implementing the National Environmental
Policy Act (NEPA). Any amendments to
LUP’s would include NEPA analysis and be conducted according to NEPA
procedures. The following are key
principles to guide these programmatic planning processes:
·
Where
appropriate the process will consider multiple scales of analysis as described
in the LCAS.
·
The process of
amending or revising a LUP will include consideration of the Science Report,
the LCAS and the FWS’s final listing decision document. Any new data or information developed is
incorporated into the LCAS, and will be considered in a LUP amendment or
revision.
·
The BLM
administrative units with lynx habitat have plans of varying ages and are in
various stages of being amended or revised. Consequently, the specific strategy
for updating lynx management direction can also vary, including revisions,
broad scale analysis and amendment processes, amendments of groups of LUPs, and
amendment of an individual LUP. The
process will maximize use of ongoing efforts.
Once the lynx habitat, lynx analysis units, and key linkage areas are
identified, the BLM agrees to coordinate with the FWS on approaches to the
programmatic planning process for lynx.
The objective is to coordinate assessment and planning efforts to assure
a comprehensive approach to conserving lynx on BLM public lands. This
coordination will be completed within three (3) months after the key linkage
areas are identified.
A schedule for amendments or revisions will
be provided to the public. Where the programmatic planning processes have
already been initiated for a geographic area (see below), they can proceed
while considering the LCAS and Science Report.
A general description of the approach to
amending or revising LUPs follows for each of the geographic areas utilized in
the LCAS. The BLM and FWS agree to
coordinate the planning efforts described here with any concurrent planning by
the National Park Service or USDA Forest Service and other appropriate entities
for adjacent lynx habitat.
Northern Rockies Geographic Area
The Northern Rockies Geographic Area (GA)
includes 27 BLM administrative offices in Idaho, Montana, Oregon, Utah and
Wyoming that are responsible for a total of 37 LUPs with identified lynx
habitat. This geographic area offers
the most complex administrative and geographic challenge for programmatic
planning. Many of the units in Idaho,
Montana and Oregon are covered by the Interior Columbia Basin Ecosystem
Management Project (ICBEMP). The ICBEMP
was initiated in 1994 to, among other things, address population viability and
the long-term sustainability of threatened, endangered and sensitive species
for agency administrative units in the Basin (59 Federal Register 234, p.
63071, December 7, 1994). The LCAS will
be provided to the ICBEMP for consideration, as appropriate at the broad scale,
in its final decision. A biological
evaluation or assessment that addresses lynx will be prepared for the ICBEMP
decision. Any additional finer scale
protection measures needed within the Interior Columbia Basin to reflect the
findings and recommendations of the LCAS would be addressed through BLM LUP
amendments or revisions. The BLM LUPs
being amended by the ICBEMP will include management direction for lynx
habitat.
For the remaining units in the Northern
Rockies GA, the BLM will address lynx through either ongoing revision efforts
or by amending the LUPs. The number and
timing of amendments
or revisions will be determined after the
coordination described in Part 2,
above. Amendments of LUPs could
be through a single process for multiple units, or perhaps by individual units,
if appropriate. If the lynx plan
amendment process is completed, such decision may be subsequently modified as
part of individual LUP revisions. Whether or not a lynx amendment is completed,
the scope of future revisions will include management direction for lynx
habitat. By October 31, 2000, the BLM
will identify a process and timetable to amend or revise all remaining LUPs
with lynx habitat in the Northern Rockies Geographic Area.
Cascade Mountains Geographic Area
The Cascade Mountains Geographic Area
includes five BLM administrative offices in Oregon and Washington that are
responsible for a total of five LUPs with identified lynx habitat. The 1994 Northwest Forest Plan (NFP) and the
Supplemental Final Environmental Impact Statement for Amendment to the Survey
and Manage, Protection Buffer, and Other Mitigating Measures Standards and
Guidelines (SFEIS), recognize the rarity of lynx. Through the SFEIS, Canada lynx standards and guidelines for
management have been developed to fully consider the findings and
recommendations of the LCAS. For BLM
Field Offices outside the NFP area in the Cascade Mountains GA, by October 31,
2000, the BLM shall identify a process and timetable to amend or revise all
remaining LUPs with lynx habitat.
Southern Rockies Geographic Area
The Southern Rockies Geographic Area includes
four BLM administrative offices in Colorado that are responsible for ten LUPs
with identified lynx habitat. The BLM
has initiated a region -wide mapping effort to ensure the conservation of lynx
is incorporated in the appropriate land use plans. By October 31, 2000, the BLM shall identify a process and
timetable to amend or revise all LUPs with lynx habitat in the Southern Rocky
Mountain Ecosystem.
Great Lakes Geographic Area
There is no lynx habitat on BLM public lands
within the Great Lakes Geographic Area, therefore no programmatic planning
actions are necessary.
Northeast Geographic Area
There is no lynx habitat on BLM public lands
within the Northeast Geographic Area, therefore no programmatic planning
actions are necessary.
PART 3 - PROJECT PLANNING AND IMPLEMENTATION
The agencies agree that the LCAS includes a
set of recommendations that are based on the best currently available
scientific information about lynx, risks to the species and/or individuals
posed by management activities, current habitat conditions, and measures that
are likely needed to conserve the species.
The signatories agree to the following
actions and considerations associated with project planning and
implementation. All agency actions will
comply with the Endangered Species Act
and the regulations that implement it.
For proposed agency actions, decision documents will not be signed until
the decision maker has determined the action will be in compliance with the
ESA. If habitat needs of threatened or
endangered species conflict with the habitat needs for lynx, the BLM and the
FWS shall discuss the prudent alternative courses of action during consultation
on the listed species.
The BLM and FWS agree to enter into an
interagency coordination agreement(s) and/or process(es) to ensure that joint
ESA responsibilities are fully met and to allow for the agencies to efficiently
undertake Section 7 consultation on all actions that may affect any listed
species or designated critical habitat.
Such interagency coordination agreement(s)/process(es) will be based on
the agreement of the agencies to utilize the LCAS as a primary source of
information to base all ESA Section 7 consultations and will be used to develop
a streamlined and coordinated approach to analyzing and documenting the effects
of actions on lynx. This process will
allow agencies to prepare and/or receive Biological Assessments, concurrence
letters and Biological Opinions in a timely manner. The LCAS will also be considered as a primary source of
information for species recovery planning.
The results of effects determinations for
lynx will be documented in (a) Biological Assessment(s) or Biological
Evaluation(s) as part of ESA consultation with the U.S. Fish and Wildlife
Service.
A.
Proposed actions
The BLM agrees to review and consider the
recommendations in the LCAS prior to making any new decision to undertake
actions in lynx habitat. A proposed or
new action is one for which a federal agency has no documented agency decision
(does not yet have a decision notice, record of decision, or decision memo).
For actions on BLM lands, before LUP amendments or revisions are completed, a
Biological Assessment of the proposed action will be prepared by the initiating
BLM office using the best available scientific and commercial data, including
relevant new information, the LCAS, and the Science Report, to determine
whether the activity may affect the lynx.
If the evaluation indicates an activity is likely to adversely affect
the lynx, the agency will not authorize the activity until one of the following
conditions are met: 1) plans are revised or amended as indicated in Part 2; 2)
either formal or informal Section 7 consultation, as appropriate, has been
completed; or 3) it has been determined that plans do not need to be amended or
revised to incorporate additional measures for lynx.
After completion of any necessary revisions
or amendments of BLM LUPs to incorporate additional measures for lynx, projects
may be authorized provided they are consistent with the LUPs and comply with
ESA and other applicable laws and regulations.
This section does not change current plan direction but will affect
priorities for selecting and implementing particular management actions until
such revisions and amendments are completed.
The BLM and FWS will also look for
opportunities to undertake pro-active management actions to benefit lynx, based
on the LCAS, to the extent they are consistent with current LUPs.
Nothing in this section of the Conservation
Agreement is intended to alter existing laws and regulations. In particular, Public Laws 105-277 (FY 1999
Appropriations) and 106-113 (FY 2000 Appropriations) require that grazing
permits which expire during Fiscal Year 1999 and 2000 shall be renewed on the
same terms and conditions as contained in the expiring permits unless the
Bureau of Land Management completes the necessary assessments and permit
modifications prior to the expiration of the permits. As such, permits expiring in Fiscal Year 1999 and 2000 may be
re-issued without the modification necessary to bring them into compliance with
this agreement.
B.
Ongoing actions
This category includes all actions that have
gone through the agency planning process and have a documented agency decision
(decision memo, decision notice or record of decision). Consistent with agency policy, new
information on the lynx, including that in the LCAS and Science Report, will be
reviewed and considered, as appropriate, for all ongoing actions to ensure
compliance with applicable federal laws including but not limited to ESA, NEPA
and FLPMA.
C.
Determination of Effect.
The parties agree to use the definition of
"likely to adversely affect" found in the Endangered Species
Consultation Handbook (NMFS/USFWS, March 1998, p.3-13): "any adverse
effect to listed species or critical habitat that may occur as a direct or
indirect result of the proposed action or its interrelated or interdependent
actions" and such adverse effects are not discountable or insignificant.
The Lynx LCAS will be used and referenced in
all determinations of effect for lynx. It will be used as described in the LCAS
in the section entitled "Approach to Development of Conservation
Measures," and as provided for in current and future LCAS implementation
guidance.
Because the LCAS represents the most
up-to-date distillation of what is known about lynx ecology and also presents
comprehensive recommendations for managing for lynx conservation, the LCAS will
be the primary reference to be used for making determinations of effect, but
not the only one. Effects determination
will also include consideration and knowledge of local conditions by biologists
using the LCAS and other relevant information sources. Effects determinations will also take into
account modifications made to projects or plans that reduce or eliminate
potential adverse effects to lynx.
Documentation of effects determinations would occur in accordance with
regulatory and agency policy for sensitive species or species listed or
proposed for listing as endangered or threatened.
Administrative units in each lynx geographic
area (as defined in the LCAS) should consider working together to supplement
the guidance in this section with more specific tools, such as project screens,
that could help insure consistency and accuracy in determination of effects.
PART 4 - MONITORING AND REPORTING
The BLM and FWS agree to the following
actions subject to the availability of funding.
A.
Research
As applicable on BLM’s mapped lynx habitat,
the BLM will cooperate in lynx research that emphasizes the needs discussed in
the LCAS section entitled "Inventory, Monitoring, and Research Needs"
and in the Science Report, Chapter 17;
B.
Inventory and Monitoring
1. As
further described in the LCAS, the BLM and FWS will cooperate with other
agencies, the states and tribes in the inventory and monitoring of lynx
distribution on BLM lynx habitat.
2. As
recommended in the LCAS, the BLM will cooperate in appropriate actions, including
research, administrative studies, and monitoring undertaken to verify the
effectiveness of the lynx conservation measures on mapped lynx habitat on BLM
lands.
C.
Conservation Agreement Implementation Monitoring and Assistance
The agencies agree to a joint, semi-annual
review and documentation of the progress in implementing this CA. This review could lead to the modification
and exceptions discussed in part VII below.
Whenever possible, the review should be coordinated with the Forest
Service review process.
The agencies agree to use the Interagency
Lynx Steering Committee and the interagency Biological Team that developed the
LCAS to the extent necessary to ensure the consistent application of this
Conservation Agreement and the LCAS, and to help resolve detailed questions
that surface as implementation proceeds.
VII.
AMENDMENTS, EXCEPTIONS AND DURATION OF AGREEMENT
Exceptions or amendments to this agreement
may be jointly agreed to by the signatories on a case-by-case basis, where such
deviations would better provide for protection and conservation of the lynx,
where conflicts must be resolved between the needs of lynx and other listed or
candidate species, or when new, relevant scientific information becomes
available. Such exceptions or
amendments shall be agreed to by modification.
All modifications within the scope of this agreement shall be made by
issuance of a written modification executed by all parties prior to any changes
being performed.
Additional parties (e.g. National Park
Service, state agencies and tribal entities) may join in this lynx conservation
effort through amendment to this CA or development of separate agreements. Any of the parties to this agreement may terminate
the agreement in whole, or in part, with five days notification. This agreement shall be considered fully
executed when all signatories have signed. The agreement shall expire on
December 31, 2004, at which time it will be reviewed for possible renewal.
VIII. QUALIFICATIONS AND CONTACTS
This agreement in no way restricts any of the
signatories from participating in similar activities with other public or
private agencies, organizations, and individuals.
This agreement is neither a fiscal nor a
funds obligation document. Any endeavor
involving reimbursement or contribution of funds between the parties to this
agreement will be handled in accordance with applicable laws, regulations, and
procedures including those for Government procurement and printing. Such endeavors will be outlined in separate
agreements that shall be made in writing by representatives of the parties and
shall be independently authorized by appropriate statutory authority. This agreement does not provide such
authority. Specifically, this agreement
does not establish authority for noncompetitive awards to the cooperator of any
contract or other agreement. Any
contract or agreement for training or other services must fully comply with all
applicable requirements for competition.
The principal contacts for this agreement
are:
Chris Jauhola, Group Manager
Field Supervisor, Montana Field Office Bureau of Land
Management
U.S. Fish and Wildlife Service Fish, Wildlife and Forests Group
100 North Park, Suite 320 1849 C. Street N.W.
Helena, Montana 59601 Washington,
D.C. 20240
(406) 449-5225 (202)
452-7761
IX. SIGNATURES
Bureau of Land Management
/s/ Henri R Bisson Date:____8/11/2000______
Assistant Director, Renewable Resources and
Planning
USDI Bureau of Land Management
1849 C Street, NW
Washington, D.C. 20240
U.S. Fish and Wildlife Service
John A. Blankenship Date: _______8/22/00_____
Regional Director, Region 6
U.S. Fish and Wildlife Service
134 Union Blvd.
Lakewood, Colorado 80228
U.S. Fish and Wildlife Service
_____Don Weathers______ Date: ______8/29/00______
Regional Director, Region 1
U.S. Fish and Wildlife Service
911 Northeast 11th Avenue
Portland, Oregon 97232-4181