Judge Declines To Intercede
In Scheme To Introduce Lynx

DENVER — A federal judge refused last Thursday to block the artificial introduction of the lynx in Colorado, ruling that the federal government had no power over state wildlife officials.

That argument, supported in this case by the federals who want no part of restricting the reintroduction scheme, is exactly contrary to what the same government officials have successfully insisted in scores of cases where unrestrained federal power has been exercised other state agencies.

William Pendley, attorney for a coalition of outfitters, farmers and ranchers, called the state's plan to reintroduce the lynx on private property near the San Juan Mountains a subterfuge to avoid federal regulations governing release of the predators.

State officials said they are planning to release the 20-pound animals on a half-mile by three-mile stretch of private meadowland, and will monitor the animals using radio collars with help from federal wildlife officials. The private property is surrounded by the Weminuche Wilderness Area, a national forest.

``Federal officials know the lynx is not going to stay in the meadowland. The natural land it will go to is Forest Service land,'' Pendley argued.

But U.S. District Judge Wiley Daniel said the federal government has no power to block the release. He said the ranchers and outfitters had no power to challenge the decision in federal court, and even if they did, it wouldn't be enough to force the federal government to do an environmental impact study before proceeding.

He granted a motion by state and federal agencies, and dismissed the motion for a temporary restraining order.

State biologists planned to bring in 15 lynx from Canada to be released into the wilderness area north of Pagosa Springs next Friday, but have had trouble catching them.

``As far as we're concerned, we're moving forward. Lynx are coming back to Colorado,'' Division of Wildlife biologist Rick Kahn said in a news release after the decision. ``Our hangup now is we don't have the animals available.''

The plan calls for up to 200 of the furry, tufted-eared, bobcat-like animals to be released in Colorado over the next two years.

Pendley said the cats are dangerous predators for cattle and sheep, and endanger natural wildlife such as ptarmigans and snowshoe hares. They also bring in coyotes and other animals that feed on lynx.

``The predator species will prey on wildlife,'' he said.

He said a similar program to reintroduce wolves to Wyoming failed because wildlife officials reintroduced the wolf before a judge ruled that the reintroduction was illegal. He said the decision to block reintroduce the wolves touched off a firestorm of criticism, because Canada didn't want them back and they were ordered to be shot.

But Daniel said that was a federal program governed by federal rules, while this plan was not subject to federal oversight. He said the state is paying for the reintroduction, and will monitor their activities.

Pendley told the judge it was impossible to evaluate the impact of the state program on the environment because no study has been done.

``We don't know, because they haven't done the Environmental Impact Statement,'' he said.

That assessment is supported by the Alaska Trappers Association, which also objects to the reintroduction scheme.

A letter from the trappers' group points out that the lynx are "dependent on snowshoe hares" for their survival, and that the hares, in turn, require "early successional habitat types that follow disturbances such as fire, floods or logging."

However, the letter notes, Colorado authorities propose locating lynx in "high elevation sites of protected 'old growth' forest.

"Common sense," the group concludes, "as well as the literature and data, tells you our lynx will be doomed."

The trappers accuse the Colorado Division of Wildlife of pursuing a "political, not biological" agenda, "given (its) track record of working hand in hand with animal rights activists to stop trapping in Colorado." To "protect" the transplanted lynx, the agency would soon ban trapping in the release area and then wherever the lynx might roam.

In its conclusion, the Alaskan group wrote, "We in Alaska have too much respect for our wildlife to support this boondoggle."