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Legal Status of Canada Lynx at the Federal Level

The final rule designating the contiguous United States Distinct Population Segment (DPS) of Canada lynx as a Federally Threatened species (Fed. Reg. 65(58):16052-16086) concludes that there is a lack of adequate information on the status and distribution of lynx in the Great Lakes Region. Threatened Species status created a legal obligation to increase understanding of the ecology and natural history of the species throughout its conterminous U.S. range. Federal agencies, including the U.S. Forest Service (USFS), the U.S. Fish and Wildlife Service (USFWS), and the National Park Service (NPS) work within the Endangered Species Act (ESA), the National Forest Management Act (NFMA), and the National Environmental Policy Act (NEPA) while making management decisions that could impact Canada lynx. The Endangered Species Act (ESA) provides for the conservation and recovery of listed species. The Act directs all Federal agencies to utilize their resources to carry out programs for the conservation of listed species, and to consult with FWS to ensure that their actions do not jeopardize the continued existence of any listed species. The National Forest Management Act (NFMA) Regulations mandate the USDA-Forest Service to maintain viable populations of all plant and animal species on each National Forest. The National Environmental Policy Act (NEPA) provides a means by which the actions of all Federal agencies are analyzed in order to fully disclose the expected impacts to the environment such that an informed decision can be made. The interagency Lynx Conservation and Assessment Strategy (LCAS) by Ruediger et al. (2000) serves in lieu of a Recovery Plan for Canada lynx.

Additional Information:

Memorandum opinion on the status of Canada lynx in the lower 48 states being threatened or endangered, 12/26/02 (2.5 MB pdf)

Federal Register Notice of Remanded Determination of Status for the Contiguous United States Distinct Population Segment of the Canada Lynx; Clarification of Findings; Final Rule, 7/3/03 (204 KB pdf)

USFWS website with current and archival legal documents

Legal Status of Canada Lynx at the State Level (Minnesota)

The Canada lynx is currently considered a furbearer under Minnesota law. Harvest of lynx is prohibited under Minnesota DNR regulations because Federal ESA listing takes precedence over state status. Just as a species can be listed under the ESA at the federal level, Minnesota has a process to list species as threatened or endangered at the state level. Unlike the federal listing process, in Minnesota every species is considered when the state list of the status of plant and animal species is revised.  This process is a major undertaking that occurs approximately every decade.

One such revision is underway now. Native species in Minnesota are considered for classification as endangered, threatened, or a species of special concern in the state. Endangered species are threatened with extinction throughout all or a significant portion of their range in Minnesota and Threatened species are likely to become endangered in the foreseeable future throughout all or a significant portion of their range in Minnesota. The italics emphasize that the listing decision is made solely based on a species range in Minnesota, even if the population of the species is high in adjacent states or provinces. Lynx are a species where this clause may apply: although rare in Minnesota lynx are managed as a furbearer in Ontario and Manitoba.

Species of Special Concern (SSC) is the final category of listed species in Minnesota. Species of Special Concern can be extremely uncommon in this state, but do not meet the definition of an Endangered or Threatened species. SSC may also have unique or highly specific habitat requirements and may need careful monitoring of status. Species on the periphery of their range that are not listed as threatened may be included in the SSC category, as can species that were once threatened or endangered but now have increasing populations or protected, stable populations. The DNR proposes a status for a species at the end of the review process, but the public can also recommend or petition for a change in status.