WildEarth Guardians

Wednesday, December 17, 2008
Lynx in New Mexico Move Closer to Protection

U.S. Fish and Wildlife Service, Under the Newly Appointed Interior Secretary Will Have the Opportunity to Protect the Rare Cats
Contact: WildEarth Guardians

SANTA FE, N.M. - Conservationists today hailed a decision by the U.S. Fish & Wildlife Service (“Service”) on their petition to federally protect Canadian lynx inhabiting the mountains of northern New Mexico. At present, lynx are protected elsewhere in the lower 48 states under the Endangered Species Act (ESA), but are stripped of their protections once they enter the mountainous regions of New Mexico.

The agency’s finding states that the petition presents “substantial scientific or commercial information indicating that changing the listing status of . . . Canada lynx to include New Mexico may be warranted.”

This decision directs the Service to further study the issue and to make a final finding within 12 months. The Service is an agency under the Department of the Interior. President-elect Barack Obama today named Ken Salazar, a prominent Colorado senator, as Secretary of the Interior.

In 2007, Matthew Bishop of the Western Environmental Law Center filed a petition in 2007 on behalf of WildEarth Guardians, Center for Native Ecosystems, Born Free USA, Animal Protection of New Mexico, and Carson Forest Watch to ensure that the highly imperiled cats do not lose their legal protection once they cross from Colorado into New Mexico. The Service denied the petition, prompting Bishop to file the lawsuit that resulted in today’s decision.

“Lynx need the freedom to roam throughout the Southern Rockies, and this important finding brings them a step closer to that freedom,” said Rob Edward of WildEarth Guardians. “This is a ray of hope for lynx in the Southern Rockies,” said Edward.

Lynx reintroduced in southern Colorado-where the cats are listed as threatened under the ESA-face significant risks when crossing into north-central New Mexico, where they enjoy no legal safeguards.

“We aim to give lynx in New Mexico the same protections that they are afforded in Colorado and other parts of their range,” said Josh Pollock, Executive Director of the Center for Native Ecosystems. “This finding is an encouraging sign that the Service is ready to be a good steward of these rare cats.”

“The Service did the right thing,” said Matthew Bishop, an attorney with the Western Environmental Law Center representing the groups. “There is absolutely no basis in law, fact, or science for the Service to use artificial state boundaries to deprive lynx of protections in the Southern Rockies” added Bishop.

Lynx consistently roam into New Mexico. The number of cats entering the State has increased since reintroduction efforts in Colorado began back in 1999. Maps and data from the Colorado Division of Wildlife indicate that approximately 60 lynx have wandered into north-central New Mexico from Colorado since 1999. Without federal protection, at least 14 lynx have been killed in New Mexico. Given the high mortality rate for lynx traveling in New Mexico, ESA protections for lynx in New Mexico are imperative to their long-term survival.

View finding here.