The Daily Inter Lake

The U.S. Fish and Wildlife Service announced a final designation of 1,841 square miles as critical habitat for lynx, roughly 10 percent of the 18,000 square miles that originally were proposed.

The designation effectively excludes national forest lands, and over the objections of environmental groups it excludes lands managed for commercial forestry in Maine, Minnesota and Montana.

That includes lands managed by Plum Creek Timber Co., Montana's largest private forest land owner and a company that owns land in Maine. It excludes state lands in Maine, Montana and Washington that are covered by policies that direct management for

listed species, and it excludes tribal lands in

inin several states. It also excludes small land tracts and lands not managed for commercial forestry "because of their small size compared to the large spatial scale required by lynx."

So what was left to include in the designation? About 317 square miles in Minnesota's Voyageurs National Park; about 135 square miles in Washington's North Cascades National Park and 317 square miles in Glacier National Park.

"It's really pretty astounding that they only designated critical habitat in three national parks where there is probably the least amount of impacts to lynx," said Arlene Montgomery of Friends of the Wild Swan, one of several groups that recently urged the Service not to exclude Plum Creek lands from the designation.

"Plum Creek got a free pass without having to have a habitat conservation plan," Montgomery said.

The environmental groups were particularly concerned about the exclusion of Plum Creek lands because of the company's recent activity in converting forest land for real estate development.

The Service explained why private, tribal, state and federal forests were excluded from the designation.

"The Service believes management of these lands has created habitat that supports lynx populations," according to a press release announcing the designation. "The preservation of partnerships with these landowners is essential because of their cooperation and funding of ongoing research regarding lynx, snowshoe hare, and lynx habitat relationships, which is greater than any protections or conservation benefits that would result from the designation of critical habitat."

The Service also maintains that past and current commercial forestry practices "have created habitat supporting lynx and snowshoe hares," according to the release.

The critical-habitat designation was compelled by a court order resulting from a lawsuit. Fish and Wildlife Service officials have claimed that the designations do not provide additional protections for species listed as threatened or endangered.

That's because the Forest Service and other land-management agencies still must "consult" with the Service on any activities that may affect lynx. Owners of private lands outside critical habitat still must consult with the Service as they undertake land management activities with potential impacts to lynx, "if proposed activities require a federal permit, authorization or funding."

Montgomery said the lynx critical-habitat designation may be challenged in court.

"It seems like they've excluded a lot of places where there is the best chance to recover lynx," Montgomery said. "Given that there have been groups that have been on the lynx issue for listing and for critical habitat, I imagine people will be taking a close look at that. I would hate to see it go without a challenge."

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com.