Save the Canada Lynx
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Lynx kittens' lag worries experts
By Jeremy P. Meyer
Denver Post Staff Writer
Article Launched: 08/09/2006 01:00:00 AM MDT
The number of lynx kittens born in the wild in this year dropped 75 percent, leading state wildlife officials to halt the animal's reintroduction program until they figure out why.
This spring, biologists found four dens with 11 kittens, compared with 18 litters with 50 kittens in 2005 and 14 litters with 39 kittens in 2004.
"There is no way that we can say what the issue is," said Tanya Shenk, researcher with the Colorado Division of Wildlife. "It could just be an off year. It could be as simple as that."
The lynx program has been among the most successful in reintroducing endangered species to the wild.
The cat with the distinctive tuft of hair on its ears had disappeared from the southern Rocky Mountains by the early 1970s.
In 1999, lynx began to be relocated in remote areas of the San Juan Mountains. More than 200 lynx from Alaska and Canada have been released.
Researchers have found 116 kittens in winter and spring searches from 2003 to 2006.
This spring a lynx born in Colorado in 2004 produced kittens - a first since the reintroduction program began, according to the Division of Wildlife.
"When you're getting into wildlife biology, it's a very dynamic
situation up
there," said Joe Lewandowski, a division spokesman. "It takes a lot of years
to know what is going on."
In the first year, many of the cats were dying after being released
and the protocol was changed, allowing the lynx to feed, be released later
in the
spring and acclimate to the environment, Lewandowski said.
"Mortality went way down," he said. "They were finding plenty of prey, and reproduction shot up substantially."
Now, researchers want to know whether the lack of kittens is an aberration or a real problem.
Mortality rates haven't increased, and most cats are staying in their established territories, wildlife officials say.
Examinations of dead lynx show the cats had lived healthy lives and were getting enough to eat.
One theory on the decline in kittens is that newly reintroduced cats are interfering with established social structures, said Shenk.
"We have a high number of lynx in the state, and as we put new
adults in the spring, they have to find a territory," she said. "They may be interrupting
the social structure."
Eventually, any species may level off in numbers because their habitat only supports so many, she said.
Jacob Smith, executive director of the Center for Native Ecosystems, said a key for the animal's survival was protecting more lynx habitat.
"We all know and the biologists know that the missing piece in this is the habitat protection," he said.
Staff writer Jeremy P. Meyer may be reached at 303-820-1201 or jpmeyer@denverpost.com.
http://www.denverpost.com/news/ci_4153333
5/25/05
MINNESOTA LEGISLATURE PASSES BILL
PLACING ENDANGERED LYNX IN HARM'S WAY
Recovery of Federally Protected Species Jeopardized by Unrestricted Trapping
Washington, DC - A bill passed by Minnesota's state legislature authorizes snaring of the federally threatened lynx without even a permit, in violation of the federal Endangered Species Act, according to Defenders of Wildlife.
"A small population of lynx was just recently verified in Minnesota, yet the Minnesota legislature has already moved to allow these beautiful wildcats to be trapped" stated Mike Leahy, Staff Attorney for Defenders of Wildlife. "This misguided bill completely ignores the fact that it is illegal to kill or harass federally endangered and threatened species." In addition to failing to protect lynx, confusion over this law could easily misinform the public that this illegal activity is permissible.
The legislation, HF 847, specifically allows trappers to "use a snare to take lynx or bobcat . . . without a permit." The bill also allows fox to be snared without a permit. The state permit is the mechanism by which the state monitors and manages trapping of these species.
"Any lynx removed from the population under this law - by being illegally targeted or caught in traps targeting bobcat and fox - could severely jeopardize the ongoing federal recovery efforts to stabilize the population," stated Leahy. "Lynx are no match for snares because they are, like most cats, curious creatures and therefore highly susceptible to getting caught in traps.
Lynx were listed as a federally threatened species in 2000 because their numbers declined sharply in recent decades. Causes for the decline include over-trapping, logging and fragmentation of their habitats, and a lack of legal protections.
"Why Minnesota's legislature approved Senator Pariseau's plan to eliminate permits for trapping the state's wildcats is unclear, but what is clear is that it is now up to Minnesota's governor to veto this bill," Leahy continued.
Lynx are a beautiful and reclusive wildcat, a relative of both the bobcat and the housecat, with long tufts of hair coming off their ears, wide facial hair, and long rear legs. They are most known for their defining feature, however - huge paws, which act like snowshoes allowing them to stay on top of the snow when hunting prey in winter.
The bill was passed by both houses and was delivered to the governor on Tuesday.
###
Defenders of Wildlife is a leading nonprofit conservation organization recognized as one of the nation's most progressive advocates for wildlife and its habitat. With more than 480,000 members and supporters, Defenders of Wildlife is an effective leader on endangered species
issues.
If you are a resident of Minnesota, you can speak out for the Canada Lynx here: http://capwiz.com/bigcatrescue/issues/alert/?alertid=8357146
Minnesota Lynx
June 07, 2005 — By Associated Press
BRIMSON, Minn. — Lynx No. 13 growled a warning at the researchers
who came to weigh and tag her four kittens. The mother lynx watched from
20 feet away, never coming closer but never leaving, as the
scientists poked and prodded the 3-week-old kittens, who received ear
tags as part of a study that could determine the fate of her species
in Minnesota.
The researchers then placed the spotted-gray kittens back under the
fallen tree their mother had picked for their den, and quietly walked
away.
"We try to keep our time in here to a minimum, keep the intrusion as
little as possible. ... But they really don't seem to have any long-
term reaction to us," said Ron Moen, lead researcher for the lynx
project for the Natural Resources Research Institute of the
University of Minnesota Duluth.
It was only five years ago that some biologists declared lynx all but
eliminated from Minnesota. But when they started looking hard,
researchers found lynx across St. Louis, Lake and Cook counties of
northeastern Minnesota. Last year, a lynx den was discovered in
Minnesota for the first time in more than 20 years.
Moen said it's possible that there were indeed no lynx or perhaps
just a few in Minnesota in the 1990s. But there's no question the
wildcat is making a comeback now.
The presence of more than 60 individual lynx has been confirmed in
the state through DNA testing. More lynx DNA samples await laboratory
confirmation. And at least four female lynx are currently raising
kittens to add to the numbers.
All those confirmations have come in just the three northeasternmost
counties. Researchers now have money to expand their search westward
across the state and will start looking later this year.
"They've been found as far west as Red Lake for sure, and one was hit
by a vehicle near Hinckley. Their range is fairly broad now," said Ed
Lindquist, biologist for the Superior National Forest.
Lynx were once common in Minnesota's northern forests. Their numbers
rose and fell, apparently following the cycles of their favorite
food, snowshoe hares. The cats were heavily trapped until the 1970s.
But after a relative peak in the 1970s, lynx numbers crashed. The
decline appeared to coincide with the fall of hare numbers and other
factors, including heavy lynx trapping in Canada. That trapping may
have reduced lynx populations in southern Manitoba and Ontario, from
which new lynx could stage a push back into Minnesota.
But lynx didn't rebound even when hares did. The state ended trapping
in 1984. In 2000, the federal government added lynx to the threatened
species list across the United States because lynx numbers also had
crashed in the mountain west and in Maine.
One factor might be competition from other predators, especially
bobcats. Another theory was that global climate change, which is
pushing animals such as opossums and raccoons farther north into
northern Minnesota, may also be pushing lynx north, out of the state.
Lynx have an advantage over other hare predators with their ability
to run on deep snow. But in years of little snow, a lynx has less of
a competitive advantage.
None of those theories seems consistent with the lynx rebound in
Minnesota, researchers say.
"I don't think we really know why we're finding so many now,"
Lindquist said. "We have more hares. But that's not all of it."
The federal government is paying for research and developing a plan
to protect lynx to ensure lynx won't become extinct in Minnesota. The
government is under court order to put a habitat plan in place later
this year to foster the cat's recovery. The current lynx research
will probably be the basis of that plan.
Global positioning system collars put on 30 lynx over the past three
years have given researchers more than 10,000 location points where
lynx have spent time in Minnesota. Four times a day the GPS collars
reveal the location of each collared lynx.
Researchers now know that lynx hunt hares in thick stands of young
forest that have been logged or burned in recent years. But lynx also
spend ample time, especially when having litters, in woods with big,
old trees that block the sun.
Determining how much of each habitat is needed will be critical, Moen
said.
Lynx No. 13 settled into tangled patch of blown-down spruce and
balsam in the Superior National Forest near Brimson, a town about 20
miles northwest of Two Harbors.
It was trapped and fitted with a radio transmitter collar in March
2004. It had a litter of five kittens last summer and now has four
more. Three of last year's kittens are still alive. Researchers guess
the 25-pound female is now about 4 years old.
Because they're living in a thick pile of downed trees, and because
the newborns are nearly odorless, the kittens have a good chance for
survival.
Trains, trucks and traps have been the largest cause of death for
radio-collared lynx in the project. Only one has been verified as
killed by another animal, a fisher, a mammal related to the weasel.
That makes people the biggest threat.
"They are notoriously easy for trappers to trap. And they seem to
spend a lot of time around roads ... and at some point they're going
to get unlucky," Moen said.
Source: Associated Press
If you are a resident of Minnesota, you can speak out for the Canada Lynx here: http://capwiz.com/bigcatrescue/issues/alert/?alertid=8357146
Conservation Groups Ask Minnesota To Protect Threatened Lynx
From State Trapping Program
New Law Eliminating Trapping Permits Greatly Increases Risks
To Critically Threatened Species 10/28/05
Washington, DC - Conservation groups today formally asked the Minnesota Department of Natural Resources (MN DNR ) to take immediate steps to reduce the likelihood that lynx will be killed or injured in traps sanctioned by the state. Since the lynx was listed as “threatened” in March of 2000, numerous lynx have been either killed or injured in traps authorized by the state.
“We are concerned that Minnesota is failing to address known risks to this threatened species, and instead has made the situation worse by supporting the elimination of permit requirements for snares and traps,” stated Mike Leahy, Staff Attorney for Defenders of Wildlife. “In light of these new, looser trapping requirements, the Minnesota Department of Natural Resources needs to take immediate action to reduce the likelihood that more lynx will be killed by state-sanctioned trapping.”
Highlighting the agency's neglectful treatment of lynx, MN DNR actively supported passage of a state law which lifted the long-standing requirement to obtain a permit for certain trapping activities. The new law, passed on June 3, 2005 , explicitly allow trappers to “use a snare to take lynx…without a permit.” The law directly conflicts with federal law prohibiting trapping of lynx as a threatened species under the Endangered Species Act, so any person who traps a lynx under the state law would still be subject to federal prosecution. But it sends a confusing signal to trappers, who may read the state law as allowing them to snare lynx without attempting to obtain a permit from the state. The law also means that if federal protections are eliminated, the state could immediately change its regulations to allow for the kind of unchecked trapping that nearly wiped out Minnesota 's lynx population in the first place.
The permit requirement was an important way for the MN DNR to monitor trapping. Without this requirement it will be much harder for the agency to know how many traps are being set where, and what the trapping intensity is in lynx habitat and elsewhere, making it more difficult for the agency to gauge and minimize the risks to the lynx. Too much trapping is the main reason Minnesota 's lynx population was nearly wiped out in the first place.
DEFENDERS OF WILDLIFE
FRIENDS OF THE BOUNDARY WATERS WILDERNESS
SIERRA CLUB – NORTH STAR CHAPTER
October 28, 2005
Via First Class Mail/Return Receipt Requested
Gene Merriam
Commissioner
Minnesota Department of Natural Resources
500 Lafayette Road
St. Paul, MN 55155-4040
RE: TRAPPING AND TAKE OF LYNX IN MINNESOTA
Dear Commissioner Merriam,
We are writing to request that you take immediate action to remedy the Minnesota Department of Natural Resource’s (MN DNR) ongoing violations of the Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq, resulting from take of Canada lynx directly
arising out of MN DNR’s trapping program. Since being listed under the ESA as a threatened species, numerous lynx have been taken in traps authorized by the state’s trapping program. These lynx are significant in the context of the small population of lynx the MN DNR has recognized in the state, yet your agency has not taken action to stop or reduce this ongoing take. By authorizing activities that result in lynx take, MN DNR is in violation of ESA Section 9, which prohibits the taking of listed species. We are hopeful that MN DNR will take immediate action to remedy this situation.
BACKGROUND
The lynx is one of the most imperiled mammals in the continental United States. The species lives in coniferous forests of North America where, with the help of its thick fur and wide paws, it is superbly adapted to pursue prey such as snowshoe hare amidst deep snow. Wide swaths of the upper Great Lakes—northern Minnesota in particular—provide the type of forests suitable to lynx for cover, denning, and foraging.
MN DNR’s extensive allowance of trapping at the low end of a lynx population cycle was likely the major factor in pushing lynx below a population level from which they could readily rebound. The State was eventually forced to implement a ban on hunting and trapping of lynx in 1984, although intentional illegal trapping continued at least through 1986. Similar declines nationwide forced the Fish and Wildlife Service to list the lynx as a threatened species under the ESA on March 24, 2000. 50 C.F.R. Part 17.
As a result of recent surveys, lynx have now been verified in Minnesota. Through DNA testing, the presence of more than 60 lynx (not including the discovery of at least four female lynx with kittens) has been confirmed by wildlife biologists of the Superior National Forest. Over the past three years, global positioning system collars put on 30 lynx have provided researchers with more than 10,000 location points where lynx have frequented Minnesota. At the beginning of June, wildlife biologists with the Natural Resources Research Institute of the University of Minnesota-Duluth found 13 lynx kittens in four dens on the Superior National Forest.
STATUTORY FRAMEWORK
Under Section 9 of the ESA, it is unlawful for any person to “take” any endangered species except under circumstances that involve a conservation plan. Id. at §1538(a)(1)(B). The ESA definition of “take” includes to: “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” Id. §1532 (19) (emphasis added).
These prohibitions also apply to threatened species. 50 CFR §17.31(a). Moreover, it is unlawful for any person to “cause [an ESA violation] to be committed.” 16 U.S.C. §1539 (g). The ESA “not only prohibits the acts of those parties that directly exact the taking, but also bans those acts of a third party that bring about the acts exacting a taking. . . a governmental third party pursuant to whose authority an actor directly exacts a taking. . . may be deemed to have violated the provisions of the ESA” Strahan v. Coxe, 127 F.3d 155, 163 (1st Cir. 1997) (emphasis added); see also Palila v. Hawaii Department of Land and Natural Resources, 639 F.2d 495, 497-98 (9th Cir. 1981) (holding state liable for take caused by its practice of maintaining a population of nonnative feral goats in an endangered species habitat); Defenders of Wildlife v. Administrator, EPA, 688 F.Supp. 1334 (EPA registration of strychnine administered by ranchers leading to poisoning of endangered species a taking under the ESA); National Wildlife Fed'n v. Hodel, 23 Env't Rep.Cas. (BNA) 1089, 1092-93 (E.D.Cal.1985) (USFWS authorization of lead shot resulting in secondary poisoning of bald eagles held to be a taking.).
DISCUSSION
MN DNR IS IN VIOLATION OF ESA SECTION 9 FOR AUTHORIZING ACTIVITIES TAKING LYNX
MN DNR is disregarding the documented taking of lynx in traps it has authorized. Lynx are being killed and injured in traps set for such target animals as fox, bobcat, fisher, and marten. Since November 7, 2002, there have been at least 11 documented lynx takes resulting from MN DNR-authorized trapping. These occurrences have resulted in at least 4 confirmed lynx deaths as well as multiple injuries. The location of these incidents are far-reaching throughout Minnesota, ranging through St. Louis, Lake, Cook, Koochiching, and Clearwater counties. For example, on May 5, 2005, a lynx was found dead in an advanced state of decomposition in a trap 10 miles Northwest of Lutsen in Cook County. These are documented accounts only. The number of lynx taken in traps in Minnesota is likely much higher due to a failure to report each incident.
Should MN DNR continue to refuse to adopt preventative measures, future take of lynx will likely worsen due to the elimination of trapping permit requirements as discussed below. This will inhibit the conservation and recovery of the lynx population in Minnesota. The near certainty that additional lynx will be taken as a result of state-sanctioned trapping is a further violation of the ESA’s prohibition on take. It is “clearly conceivable that one can inflict great harm on a protected species by creating an imminent threat of harm to that species . . . such a threat therefore falls easily within the broad scope of Congress’ definition of ‘take.’” Forest Conservation Council v. Rosboro Lumber Co., 50 F.3d 781, 783 (9th Cir. 1995). “[A] showing of future harm to a protected species creates an irrefutable presumption that the threatened harm is irreparable.” Loggerhead Turtle v. County Council of Volusia County, 896 F. Supp. 1170, 1180 (M.D. Fla. 1995).
REASONABLE TRAPPING METHODS CAN REDUCE AND POSSIBLY AVOID FURTHER TAKING OF LYNX
A majority of the incidental lynx take occurrences involve lynx that get entangled
in traps set for other animals, most commonly bobcat, fox, fisher, and marten. MN DNR can significantly reduce lynx take if these lethal devices are restricted and altered toward more targeted trapping methods.
For example, a MN DNR requirement that trappers use only species-specific traps in lynx habitat will reduce, if not eliminate, incidental lynx take. The #220 body-grip trap often used for taking fisher, bobcat, and marten has taken lynx at ground sets in Minnesota. Using a #220 as an all-purpose set that will trap anything and everything is irresponsible, especially because, according to Minnesota’s 2005 Hunting and Trapping Regulations, “[a]ny trap capable of capturing a protected animal…must be tended at least once each calendar day, except for body-gripping or conibear-type traps” (emphasis added). This exemption from the daily check requirement poses extra risks to captured animals, including lynx.
A trap of this size is not needed at ground sets to take the targeted animals. A smaller trap, such as a #120, will more likely ensure that lynx take will not occur, as lynx are much less likely to get caught in these smaller traps. A requirement that trappers set #120s in trees at bait boxes when appropriate will further decrease the chance that these sets will take lynx. Additional strategies for eliminating lynx take include reducing trapping seasons in order to reduce lynx exposure to traps, and increasing the ability of Conservation Officers to monitor traps and remove inappropriately trapped animals.
We have particular concerns about the use of snares as an alternative to traps, as they pose risks above and beyond traps due to lack of oversight and low cost. Snares are so cheap and easy to use that we understand many are simply set and abandoned, posing ongoing deadly threats to lynx and other animals. We further understand that trappers do not check snares on a legal schedule, often leave snares unattended for extended periods, and do not generally report and treat by-catch as legally required. Even more so than with other traps, when implemented irresponsibly, snares cause considerable suffering and death to many non-targeted species. Not enough information exists to confidently develop ways to minimize the risk that snares pose.
THE RECENT ELIMINATION OF PERMIT REQUIREMENTS WILL INCREASE LYNX TAKE
With the active support of MN DNR, revisions to Minnesota’s snaring bill - HF 847, Chapter no. 146 - were approved on June 3, 2005. This law now explicitly allows snaring of bobcat, fox, and lynx without a permit. This legislation effectively preempts Minnesota Rule 6234:1500, which would otherwise have prohibited taking lynx. While MN DNR still administratively prohibits trapping of lynx according to the 2005 Minnesota hunting and trapping regulations, these administrative protections can be lifted at any time, threatening the lynx with unpermitted trapping as soon as federal protections are removed. Further, trapping of bobcat and fox without any DNR oversight through permits immediately threatens lynx with increased incidental losses in unpermitted traps set for bobcat and fox. Finally, the law’s explicit allowance of permit-free lynx trapping may lead some trappers to conclude lynx trapping is now allowed.
Permit requirements are one of the few tools MN DNR has to monitor and manage trapping activities. Implemented correctly, permits allow MN DNR to monitor where trapping occurs and at what intensity, and assist with documentation of by-catch. At a time when take from trapping is affecting the already limited lynx population in Minnesota, elimination of the permit requirements on similarly situated species will plainly lead to more take of lynx.
Similarly, MN DNR’s ability to monitor untagged snares is currently nonexistent, allowing trappers to violate the required daily snare check and leave snares unattended but still lethal after the trapping season, resulting in the almost certain death of any animal that stumbles into a snare after it has ceased being checked. This, coupled with the fact that most snares cost less than a dollar and are widely accessible, results in take of unknown numbers of target and non-target species. To reduce the use of untagged illegal snares, MN DNR should impose heavier fines for a violation of using (or possessing) snares without identification tags. Many other states have completely banned the use of snares, including Arizona, Connecticut, New Hampshire, New York, Oklahoma, Rhode Island, and Vermont. Several other states, such as Colorado, Maine, Illinois, North Carolina, and South Carolina have placed a number of restrictions upon the use of snares. It is time for Minnesota to join these states and protect its wildlife in a proactive manner.
REQUESTED ACTION
We ask that MN DNR take immediate action to remedy take of lynx by restricting trapping practices that are taking lynx, and promoting active protection measures to protect and maintain a viable lynx population in Minnesota. Specifically, we request that MN DNR:
Eliminate use of #220 body-grip traps, approving instead smaller traps such as #120s, and require these traps be set in trees at bait boxes where appropriate;
Provide greater incentives for trappers to report lynx take, and strengthen penalties for unreported lynx take;
Enforce trap and snare identification requirements (as published in the 2005 trapping regulations, p. 51) for taking all wildlife, protected and unprotected;
Destroy existing traps and snares that are untagged;
Implement lynx conservation plans for forest and wildlife areas in MN; and
Uphold the new requirement that all trappers attend trapper education courses before licenses are issued.
We are hopeful that your agency will remedy the situation of lynx take due to the MN DNR’s trapping program. Please contact us if you wish to discuss this letter further.
Sincerely,
Michael T. Leahy
Staff Attorney
Defenders of Wildlife
202-772-0263
Lindsay Melissa
Executive Director
Friends of the Boundary Waters Wilderness
Joshua Davis
Conservation Organizer
Sierra Club
North Star Chapter
cc: John Guenther
Director, Division of Fish and Wildlife
Minnesota Department of Natural Resources
Michael R. Hamm
Director, Division of Enforcement
Minnesota Department of Natural Resources
Lee Pfannmueller
Director of Ecological Services
Minnesota Department of Natural Resources
Dan Stinnett
Field Supervisor
Minnesota Field Office, U.S. Fish and Wildlife Service
Robyn Thorson
Regional Director, Great Lakes-Big Rivers Region
U.S. Fish and Wildlife Service
Duluth , MN http://www.duluthsuperior.com/
If you are a resident of Minnesota, you can speak out for the Canada Lynx here: http://capwiz.com/bigcatrescue/issues/alert/?alertid=8357146
You can be a voice for the lynx
by sending a similar letter to your congressmen and women at CatLaws.com :
December 27, 2005
Jim Sanders, Forest Supervisor
USDA Forest Service
Superior National Forest
8901 Grand Ave. Pl
Duluth , MN 55808
Re: Request to Protect Lynx from Snares and Traps on Minnesota National Forests.
Dear Mr. Sanders:
I'm writing on behalf of Help Our Wolves Live (HOWL) 1 to ask the USDA Forest Service (FS) to focus its attention on a problem that faces the Canada lynx in Minnesota . Based on the Science Report and the Lynx Conservation Assessment Strategy, which were written in part by FS scientists and biologists, HOWL understands that FS is heavily involved with lynx conservation in the west and we acknowledge that FS has played a large role in lynx conservation since listing was proposed in 1998.
However, FS hasn't addressed an issue threatening lynx here in Minnesota . HOWL is asking FS to protect Canada lynx by closing its two National Forests to snaring and other trapping devices and methods that may be used during the trapping season. We ask this because we believe the U.S. Fish and Wildlife Service and the Minnesota Department of Natural Resources (MNDNR) are not adequately protecting the Canada lynx – a protected species under the Endangered Species Act (ESA) listed as Threatened on March 24, 2000. 50 C.F.R. Part 17.
During the 2005 Minnesota legislative session, a bill was passed and signed into law that repealed the prohibition of bobcat snaring in the state (bobcat snaring had been closed for many years). The bill also eliminated the permit previously required to snare fox, bobcat, and lynx. In addition, this bill opened snaring of fox in the farmland zone, which had previously been closed. As a result, Minnesota Statute 97B.625, subdivision 2, read: “A person may use a snare to take lynx or bobcat, as prescribed by the commissioner, without a permit.” This new snaring law clearly demonstrated that the Minnesota legislature and MNDNR were not only ignoring their responsibilities, but also violating ESA law. (Under Section 9 of the ESA, it is unlawful for any person to “take” any endangered species except under circumstances that involve a conservation plan. Id. at §1538(a)(1)(B). The ESA definition of “take” includes to: “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” Id. §1532 (19).
HOWL worked against this bill. While the bill was being heard in a committee hearing on March 8, 2004, a MNDNR staffer, Conrad Christianson, testified on behalf of the snaring bill. I lobbied the authors of the bill on behalf of HOWL, stating that this bill could lead a person to violate the ESA. The new snaring bill became law on June 3, 2005.
During the 2005 Minnesota legislative 1 st special session, likely as a result of attention focused on this new law, all laws involving the taking of lynx were amended, finally providing adequate statutory protection for lynx on August 1, 2005. However, snaring of bobcats and fox without permits still immediately threatens lynx by increasing the risk of accidental take, in addition to traps and/or snares that are set for fisher and marten. Furthermore, legislative protection can be removed, threatening the lynx with even greater snaring and trapping losses as soon as federal protections are removed.
Many lynx have been taken in traps that are authorized within the framework of the state's trapping season. The Canada lynx was listed as a threatened species, under ESA over five years ago. Given that the MNDNR recently supported this snaring bill, which formerly included the lynx, HOWL believes it is critical that FS close all snaring and trapping on its two National Forests in Minnesota to protect lynx, wolves, eagles, and other protected species. Moreover, FS is obligated to take action to protect species listed under ESA.
The lynx population has been suppressed by human-caused mortality for decades. As a result, lynx were nearly extirpated. HOWL's concern is that snares and traps that are intentionally set for bobcats and fox within the two National Forests are a significant danger and threat to Canada lynx recovery. In addition, bobcat snaring will kill more lynx because lynx often use the same habitats as bobcats. Lynx are already subjected to human-caused mortality in Minnesota through the regulated trapping season and use of leg-hold and body-gripping traps. Also, snares and traps set for unprotected coyotes are a potential year around source of lynx mortality.
HOWL is aware that since November 2002 at least 15 snaring, trapping, or shooting incidents involving lynx have been documented in Minnesota , nearly half occurred on the Superior National Forest . Of 6 snaring incidents, 3 were fatal. Two of these incidents occurred on the Superior National Forest and in both cases the trappers involved were warned that snares they had set at certain sites posed an especially high risk to lynx that also used these sites, yet in October 2004 a lynx was killed in one of the trappers' snares. There is also the issue of unattended snare sets, which can kill an animal months after they are set, as appeared to be the case after the 2002 trapping season when a lynx was found dead in a snare. At least 6 lynx have been caught in leg-hold or body-grip traps, 4 on the Superior National Forest ; one died. Three lynx have been shot in Minnesota ; one near Aurora on the first day of the deer season this past November. Undoubtedly, many other trapping, snaring, and shooting incidents have occurred but were not reported and therefore not documented.
A brief history: Bounty payments on lynx were enacted by the Minnesota legislature from 1951 to 1965. Lynx numbers were decimated during this period and if it hadn't been for the immigration of lynx from the Canadian Provinces, the lynx would have been extirpated in Minnesota . Even after the bounty was repealed in 1965, the lynx remained unprotected in Minnesota until 1977 when a regulated season was finally established. (Harriet Lykken of HOWL was instrumental in finally achieving this legislative protection for lynx. 2 ) In 1983, the limit for lynx was reduced from five to two. In 1984 the season was closed. However, those measures were not enough to provide adequate protection since the population had already been over harvested. In addition, snaring and trapping continued during the low end of the lynx population cycle and the population declined to a level from which it could not readily rebound. During low snowshoe hare periods, lynx must be fully protected from human take in order for them to persist at a viable level.
Recent surveys have verified lynx occurrence in Minnesota . Through DNA testing, wildlife biologists from the Superior National Forest have confirmed more than 60 lynx in the state. In June of this year, lynx researchers with the Natural Resources Research Institute of the University of Minnesota-Duluth found 13 kittens in four dens on the Superior National Forest .
HOWL is concerned for lynx that have died and will die in snares and traps that go unnoticed and un-recovered, as well as for lynx that are involved in take incidents that are not reported. If preventative measures are not taken to stop illegal killing of lynx, many more lynx will die and our lynx population will perish. In closing, I again ask the FS to close its two National Forests in Minnesota to snaring and trapping. In doing so it will protect the vulnerable and fragile lynx population, as well as other federally protected species.
Sincerely,
Linda Hatfield
Executive Director, HOWL
1 HOWL is a non-profit charitable organization incorporated in 1971 in the State of Minnesota with its principle place of business in Minneapolis , Minnesota . HOWL is a grassroots advocacy group whose purpose is to work for the protection and preservation of the gray wolf and other endangered or threatened species.
2 Harriet Lykken, HOWL's founder, led HOWL until her retirement in 2002. Harriet Lykken was also the Wildlife Chair for the Sierra Club during the 1970s, ‘80s, and ‘90s. Among many other accomplishments, in 1975, Harriet promoted the bill that first protected lynx in Minnesota . Her efforts in subsequent years led to legislation protecting bobcats, eagles, badgers, and bears.
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Randy Moore, Regional Forester, Eastern Region
Rick Duncan, Faegre and Benson, LLP
Mike Leahy, Staff Attorney, Defenders of Wildlife
Ray Fenner, Executive Director, Superior Wilderness Action Network (SWAN)
Howard Goldman, Director, Friends of Animal and Their Environment (FATE)
U.S. Representative Martin Sabo
MN Senator Scott Dibble
MN Senator John Marty
MN Senator John Hottinger
MN Representative Michael Paymer
If you are a resident of Minnesota , you can speak out for the Canada Lynx here: http://capwiz.com/bigcatrescue/issues/alert/?alertid=8357146
Group wants trapping ban for sake of lynx
1/17/06 Group says trapping aimed at other animals in the Superior and Chippewa forests kills lynx.
BY JOHN MYERS NEWS TRIBUNE STAFF WRITER
Minnesota-based animal welfare group has asked the federal government to ban trapping in Minnesota 's two national forests to stop the accidental killing of lynx. Help Our Wolves Live -- which has taken up the cause of the lynx -- says the ban is needed in the Chippewa and Superior national forests to protect lynx, listed as threatened under the Endangered Species Act. According to HOWL, humans are the leading cause of lynx deaths in Minnesota and may be holding lynx numbers down. Several lynx have been shot, trapped and hit by vehicles in recent months.
Linda Hatfield, executive director of HOWL, said a review of research data shows at least 15 lynx have been trapped, snared or shot in Minnesota over the last 36 months -- nearly half of those within the Superior National Forest .
Of six snaring incidents, three were fatal to lynx. "HOWL's concern is that snares and traps that are intentionally set for bobcat and fox within the two national forests are a significant danger and threat to Canada lynx recovery," Hatfield wrote in a letter to Jim Sanders, supervisor of the Superior National Forest .
The letter also was sent to regional Forest Service officials and state and federal lawmakers.
HOWL noted that Minnesota law was changed last year to allow snaring of bobcats, which the group says may lead to even more lynx killed.
Phil Delphey, endangered species biologist for the U.S. Fish and Wildlife Service, said HOWL's numbers appear accurate. "They're close. It's within one or two animals. And the mortality of those (trapped lynx) is somewhere between six to 10 animals," Delphey said Monday.
Delphey acknowledged that more lynx probably have been killed by traps and not reported or discovered. With an estimated 200 lynx now in the state, it's not clear what effect trapping has on the overall population and species recovery.
Sanders said it's not clear whether the Forest Service has any authority to ban trapping on federal land in the forest.
Wildlife management is the purview of the state Department of Natural Resources and, if the species has federal protection, the U.S. Fish and Wildlife Service.
Sanders is preparing a response to HOWL's letter but said no action is pending." The key here is that all three agencies have the recovery of the lynx as a priority," Sanders said. "We're working cooperatively on the issue, and that's the best way to proceed."
Dan Croke, a Duluth trapper and former officer of the Minnesota Trappers Association, said he hears of few lynx being trapped
across the north woods. "It's not happening as much as they think. I'm
not hearing about (trapped lynx) at all," Croke said. "And if they are
accidentally taken, lynx often can be released. They don't fight the trap."Croke said that further restrictions on trapping in Northeastern Minnesota would be strongly opposed by the trappers association.
It's not the first time environmental groups have claimed trapping aimed at other animals is taking too many lynx. The News Tribune reported in November that Defenders of Wildlife, a national conservation group, along with the North Star Chapter of the Sierra Club and the Friends of the Boundary Waters Wilderness, sent a letter to DNR commissioner Gene Merriam.
The groups asked the DNR to take immediate steps to prevent accidental lynx trapping.
Defenders suggested the DNR require trappers to use smaller traps that are less likely to take lynx, and to ban snares in areas that lynx favor. The groups also called for the DNR to offer greater incentives for trappers to report lynx taken by accident and to improve trapper education.
So far, the DNR has not changed any trapping policy. But DNR officials note that, in conjunction with the U.S. Fish and Wildlife Service, wildlife managers mailed brochures to all licensed trappers in the state explaining how to avoid trapping lynx by accident.
At least five of 32 radio-collared lynx have been trapped in the last three years, researchers report. Two of those were found dead and the others were released or escaped. Some biologists note that such a high percentage of study animals trapped could indicate a major problem.
Lynx were common in northern Minnesota through the early 1980s, although their population fluctuated in cycles that appeared to follow the population of snowshoe hares. Thousands of lynx were legally trapped in Minnesota through the 1970s until their population crashed and didn't rebound.
The state ended trapping in 1984 and the federal government, forced by court orders, added lynx to the threatened species list in 2000.As recently as 2000, DNR biologists said no lynx lived in the state and that any seen here were migrants from Canada . But DNA tests confirm that more than 60 lynx now inhabit the state, with at least three times that many believed to be here.
Duluth News Tribune Tuesday, Jan 17, 2006
Duluth, MN http://www.duluthsuperior.com/
If you are a resident of Minnesota, you can speak out for the Canada Lynx here: http://capwiz.com/bigcatrescue/issues/alert/?alertid=8357146
Defenders of Wildlife Offers $1500 Reward
for Information on Killing of Threatened Lynx
Young Radio-Collared Lynx Found Illegally Shot Near Twig, MN 1/26/06
Washington, DC -- Defenders of Wildlife announced today that it is offering a $1500 reward for information leading to the arrest of the person(s) responsible for illegally killing a Canada lynx near Twig, MN in November. The Canada lynx is listed as threatened under the Endangered Species Act and killing wild lynx is prohibited by federal law. The most recent killing is one of several that have taken place over the course of the last year, further jeopardizing the future of the threatened cat.
"The lynx is already struggling for survival in Minnesota," said Mike Leahy, spokesperson for Defenders of Wildlife. "Every lynx that is killed sets back the recovery of this rare wild cat."
In addition to illegal killing, Leahy pointed to the numerous other threats facing the lynx, including habitat loss and injury or death in traps set for bobcats, fox, and other animals. Defenders is working with state and federal agencies to address the trapping issue and protect vital lynx habitat.
"The lynx is one of the region's most important predators. It plays a vital role in the health of Minnesota's wilderness areas," said Leahy.
"We applaud the tenacious efforts of local Fish and wildlife Service authorities as they work to stop these senseless killings and bring the perpetrators to justice," added Leahy.
Defenders of Wildlife's $1500 reward is on top of a $500 reward being offered by the Fish and Wildlife Service, bringing the total reward to $2000. Defenders' contribution comes from their Imperiled Predator Reward Fund established in 1998 to bring illegal predator killers to justice.
If you are a resident of Minnesota, you can speak out for the Canada Lynx here: http://capwiz.com/bigcatrescue/issues/alert/?alertid=8357146
1841 square miles protected for Lynx
Wednesday, November 8, 2006 - Last updated 3:24 p.m. PT
HELENA, Mont. -- The U.S. Fish and Wildlife Service is designating 1,841 square miles in three states as critical habitat for the threatened Canada lynx.
The territory is far less than the service proposed originally.
A federal rule announced by the agency Wednesday applies to lynx habitat in 1,389 square miles in Montana's Glacier National Park; 317 square miles in Minnesota's Voyageurs National Park; and 135 square miles in Washington's North Cascades National Park.
The Endangered Species Act defines critical habitat as places with features essential for the conservation of a species threatened or endangered. A designation may bring special management of habitat.
The rule is to be published Thursday in the Federal Register.
Lynx, typically weighing 18 to 23 pounds, are on the federal list of threatened species. They prey on the snowshoe hare and occupy forested areas in the Northeast, the Great Lakes region, the Rocky Mountains and the Cascade Mountains.
Originally, the Fish and Wildlife Service wanted to place a critical- habitat designation on about 18,000 square miles in Maine, Minnesota, the northern Rocky Mountains and north-central Washington. The proposal was reduced after consideration of studies and public comment, the agency said.
Lands removed include those covered by plans for lynx management, property owned by American Indian tribes and lands not managed for commercial forestry.
The critical-habitat rule for lynx is in response to a court order stemming from a lawsuit by Defenders of Wildlife and others.
Read More About the Minnesota Lynx
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