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A lawsuit brought by the Center of Biological Diversity asking the Minnesota Department of Natural Resources (DNR) to find ways of better protecting Canada lynx from being caught in fur traps can move forward, said the federal judge who issued the ruling.
State and federal agencies have documented that 16 lynx have been caught in traps set for other wildlife over the last decade, with six of those large cats dying.
The primary counties where lynx are found in Minnesota are east of Highway 53 in the Arrowhead region.
The judge who looked at the case cited 2008 a Minnesota federal court held the state liable for harm caused to lynx by trapping. That court ordered the state to apply to the U.S. Fish and Wildlife Service for a permit to cover the fur trapping program. Unfortunately, the state never got a permit, and lynx continue to be accidentally caught in fur traps.
In 2000 the Canada lynx was placed in protected status under the federal Endangered Species Act.
Violations of the Endangered Species Act can result in criminal penalties of up to one year in prison and $50,000 in fines. In addition, civil penalties of up to $25,000 for each violation may be imposed. But, said Collette Adkins, the Center’s carnivore conservation program director and lead attorney, “I can confidently say that the U.S. Fish and Wildlife Service would not go after individuals unless they killed instead of released a captured still-living lynx. The U.S. Fish and Wildlife Service has also not been willing to go after the Minnesota Department of Natural Resources for its state-permitted trapping that kills lynx. That’s why the Center for Biological Diversity brought its own lawsuit to hold the DNR accountable and get changes in place.”
Adkins pointed out that states like Vermont and Maine require fur trappers to use traps equipped with lynx exclusion devices. A Canada lynx exclusive device for body-gripping traps looks like a long cage/ box with an opening not to exceed 50 inches. If a lynx enters the trap and goes for the bait, it will get squeezed but not killed. A trapper can release the squeezing mechanism and the lynx will go free.
Adkins said she hoped this win would convince Minnesota’s wildlife managers to protect the Canada lynx by making common-sense changes to the state’s trapping program. “The Minnesota Department of Natural Resources knows how to prevent most captures of these rare wild cats. There’s no reason these precious animals should continue to suffer agonizing injuries and deaths in strangulation snares and other traps.”
In ruling for the Center, the court explained that the “prior judgment rested on an assumption that certain changes would come, but they never did.” It, therefore, rejected arguments by the Minnesota Department of Natural Resources that the judgment in the 2008 case meant the Center could not bring the current lawsuit.
“This ruling is a win for Canada lynx and for all of us who care about these beautiful wild cats,” said Adkins. “I’m hoping this ruling persuades the Minnesota Department of Natural Resources to stop fighting us in court and instead do the right thing by further restricting trapping in places where Canada lynx are living.”
The Center’s lawsuit seeks additional measures to prevent trappers from hurting Canada lynx, such as requiring placement of certain traps within exclusion devices that avoid lynx deaths. For example, Conibear traps snap shut in a viselike grip and have killed lynx numerous times, but the Department does not require trappers to place the traps within exclusion devices. The lawsuit also seeks a ban on the use of neck snares in northeastern Minnesota, home to most of the state’s Canada lynx.
“We’re celebrating this court victory, but the real work comes now in convincing the Minnesota Department of Natural Resources to prioritize protecting lynx,” Adkins told the News-Herald.
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