Killing lynx to save them

In December 1994, farm bureaus in Wyoming, Idaho, and Montana were in Wyoming federal district court to bar Secretary Babbitt from releasing Canadian wolves in their states.

During the testimony of Babbitt's wolf expert, the judge asked what would happen if he permitted the reintroduction to take place and then decided it was illegal and ordered the removal of the wolves. "We would have to round up the wolves and kill them," testified the expert, "because Canadians don't want them back."

Had Babbitt and his attorneys cared about the wolves, that news would have compelled them to put their plan on hold. Environmental groups, which had been passionate in their advocacy for the wolf, should have done the same.

Babbitt, his lawyers, and the environmental groups said nothing; the wolves were introduced. Then, in December 1997, the judge declared the program illegal and ordered the wolves removed. Then, and only then, did Babbitt, his lawyers, and environmental groups worry about the wolf's fate.

A year later, in December 1998, Colorado agricultural groups were in federal district court objecting to a similar plan by federal agencies and the Colorado Division of Wildlife. This time the plan involved the lynx, which has not been spotted in Colorado for more than 25 years. The groups objected to the lynx plan because the agencies, both federal and state, admitted they knew "almost nothing . . . about lynx ecology and biology in Colorado."

Judge Let Plan

Go Forward

They did not know if there were sufficient prey to eat or if the lynx would extirpate the populations of some prey animals, such as the ptarmigan and the mink. They did not know if the lynx could survive other predators, such as the bobcat, the mountain lion and the coyote. They did not know if the lynx could survive in southern Colorado, which they admitted was in the extreme southern part of its range.

Worst of all, they had not done an environmental study to publicize the facts. One such fact: New York State's lynx program has failed; after 10 years, all 83 lynx imported by New York are gone, killed by bobcats or cars.

The groups had fears, not only for the lynx, but also for themselves. They feared that if the lynx were brought in, they would be wiped out, or they would wipe out other wildlife, and people who use federal land in Colorado would be blamed. As a result, access to federal land would be restricted to "save the lynx."

On New Year's Eve of 1998, a Colorado judge let the lynx plan go forward. There was no requirement for an environmental study, ruled the judge, because the federal government wasn't involved, even though the lynx would live on federal land and even though the federal government had been involved in the development and implementation of the plan.

Despite the fact that information is required before agencies commit funds and resources, the judge said the plan was necessary so the agencies could "acquire information on . . . Canada lynx in Colorado."

Four Lynx Died Of Starvation

Well, now Colorado has its "information." Three of the original four lynx are dead of starvation, the fourth has been recaptured, and the fate of the others is unknown. Animal rights activists protested in Boulder, Colo.

What the Rock., Mountain News calls "the politics of dead lynx" drew rebukes from throughout Colorado. And the Colorado legislature is finalizing a statute to deny authority for such projects.

Incredibly, one Colorado wildlife spokesman admitted that the agencies had rushed the lynx into the wild to frustrate thoughtful consideration of the program. "We felt if lynx were on the ground, there would be less point for an appeal." In other words, lynx plan officials behaved just like Babbitt four years before.

The next time someone waxes emotional about the fate of animals and who cares about whether they live or die, tell them this story about dogs and cats in the West

Mr Pendly is president and chief legal officer of the Mountain States Legal Foundation.

Copyright Human Events Publishing, Inc. May 21, 1999
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