Endangered and Threatened Wildlife and Plants; Notice of Remanded Determination of Status for the Contiguous United States Distinct Population Segment of the Canada Lynx

The Fish and Wildlife Service (Service), in response to the December 26, 2002, memorandum opinion and order of the United States District Court for the District of Columbia, in the case of Defenders of Wildlife v. Norton (Civil Action No. 00-2996 (GK)) and pursuant to the Endangered Species Act of 1973, as amended (ESA or Act), provides a clarification to the findings we made in support of the final rule that listed Canada lynx (Lynx canadensis) (lynx) as threatened. The lynx is currently listed as threatened in the contiguous United States as a Distinct Population Segment (DPS) that includes the States of Colorado, Idaho, Maine, Michigan, Minnesota, Montana, New Hampshire, New York, Oregon, Utah, Vermont, Washington, Wisconsin, and Wyoming. As a result of our reanalysis of the basis for that final rule, which was directed by the Court, we find that the lynx is not endangered throughout a significant portion of its range. This finding does not affect the status of the lynx as currently set forth in 50 CFR 17.11; the lynx continues to be listed as threatened in the States listed above. This finding also does not affect the special rule pursuant to section 4(d) of the Act for the Canada lynx set forth in 50 CFR 17.40(k).