Environmentalists fear lynx may lose protection under the ESA

• Fish and Wildlife Service won't be completing a recovery plan for the lynx

Officials with the U.S. Fish and Wildlife Service last month announced the completion of a scientific review of the Canada lynx in the contiguous United States that concludes the secretive feline may no longer warrant protection under the Endangered Species Act and should be considered for delisting, because of its recovery.

The recommendation is the result of an extensive review of the best available scientific information and almost 20 years of working in partnership with state, federal, tribal, industry and other land managers on the conservation of this species, official said. As a result of this status review, service officials will begin development of a proposed rule to delist the species.

While some viewed the news as good, at least two environmental agencies, WildEarth Guardians and the Western Environmental Law Centery, saw the possible delisting as leading to the eventual extinction of the feline in the lower 48 states.

“This move by one of the most anti-wildlife, anti-science, climate-denying administrations in American history shows a vicious indifference toward this iconic North American big cat’s continued existence in the lower 48 states,” a news release from the organizations stated. “Stripping protections would be extremely risky for the survival of Canada lynx in the contiguous U.S. in the face of ongoing and emerging threats. Scientists estimate the lynx population across the lower 48 states at a perilously low 2,000 individuals.

“The species and its habitat are threatened by climate change, logging, development, motorized access and trapping, which disturb and fragment the snow cat’s habitat. Canada lynx rely heavily on snowshoe hare, and like their preferred prey, are specially adapted to living in mature boreal forests with dense cover and deep snowpack.”

According to information from the fish and wildlife service, the recommendation resulted after a peer-reviewed Species Status Assessment for the lynx, which evaluated the best available scientific information on the historical, current and possible future conditions for the Canada lynx. Over a two-year process, service officials worked closely with federal, state and academic subject matter experts to evaluate relevant scientific information on snowshoe hare population dynamics, climate change, forest ecology and other issues.

“Although climate change remains an important factor for the conservation of the Canada lynx, neither the service nor the experts we consulted conclude that the lynx is at risk of extinction from climate change within the foreseeable future,” service officials stated.

The Canada lynx was listed as threatened in 2000, largely tied to a lack of regulatory mechanisms on federal public lands, which is where a majority of the habitat for Canada lynx was believed to be located in the lower 48 states. Since receiving ESA protection, federal land managers throughout the lynx’s range have formally amended their management plans and implemented conservation measures to conserve the species.

A cousin of the more common bobcat, the Canada lynx is similar in size but can be distinguished by its black-tipped tail, long tufts of black hair at the tips of its ears, and long legs with large, furry paws for hunting snowshoe hares in deep snow. In the contiguous U.S., Canada lynx populations are found in Maine, northeastern Minnesota, northwestern Montana, northeastern Idaho, north-central Washington and western Colorado.

Providing the Canada lynx protection under the ESA also prompted an increase in scientific understanding of lynx biology, service officials stated. Research, monitoring and conservation efforts conducted by state and federal agencies, tribes and academic institutions helped refine biologists’ understanding of habitat needs, distributions, population characteristics and potential stressors, according to the service.

Given the outcome of the analysis, service officials will not at this time be complete a recovery plan for the Canada lynx. The recommendation does not remove or negate the Endangered Species Act protections currently in place for the Canada lynx, they pointed out. To delist a species, the Service must follow a process similar to what is used in considering whether to list species. The next step is for the Service to publish a proposed rule in the Federal Register, receive public comments, review and analyze those comments, conduct a peer review and then, announce a final decision.

In 2014, the U.S. District Court for the District of Montana ruled that the Service violated the Endangered Species Act by failing to prepare a recovery plan for lynx after a delay of more than 12 years. The court ordered the Service to complete a recovery plan or make a determination that a recovery plan will not promote lynx conservation by Jan. 15, 2018.

Bethany Cotton with WildEarth Guardians and Matthew Bishop with the Western Environmental Law Center wrote that the final Species Status Assessment was significantly altered from the Service’s December 2016 draft, which outlined the persistent threats and pointed to an increased need for protections for threatened Canada lynx.

The new version that waffles on the conclusions is based on political, not scientific considerations, they contended.

“This is a political decision - pure and simple. This administration is throwing science out the window,” Bishop said. “The best science tells us that lynx are worse off than they were when originally listed in 2000. We’re seeing lower numbers, more range contraction, and now understand the significant threats posed by climate change. This, however, was all papered-over by the administration just in time to shirk its legal obligation to issue a lynx recovery plan on Jan. 15.”

The report identified declined or declining habitat in five of six Canada lynx population centers.

If the Service moves forward with delisting Canada lynx in the contiguous U.S., the Western Environmental Law Center, WildEarth Guardians, and their partners are prepared to challenge the move in court, the two spokesman said.

When the service first listed lynx as threatened under the ESA, it failed to protect any lynx habitat, impeding the species’ survival and recovery, they pointed out. Lynx habitat received no protection until 2006, and that initial critical habitat designation fell short of meeting the rare cat’s needs and the ESA’s standards. After two additional lawsuits brought by conservationists challenging the service’s critical habitat designations culminated in 2008 and 2010, a district court in Montana left the agency’s lynx habitat protection in place while remanding it to the service for improvement. This resulted in the most recent and still inadequate habitat designation, they stated in a release.

Studies show species with designated critical habitat under the Endangered Species Act are more than twice as likely to have increasing populations than those species without. Similarly, species with adequate habitat protection are less likely to suffer declining populations and more likely to be stable. The Endangered Species Act allows designation of both occupied and unoccupied habitat key to the recovery of listed species, and provides an extra layer of protection especially for animals like lynx that have an obligate relationship with a particular landscape type.