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On behalf of PETA, the Animal Legal Defense Fund, and several accredited wildlife sanctuaries, the Harvard Law School Animal Law and Policy Petition has petitioned the US Fish and Wildlife Service (FWS) for rulemaking, urging the agency to provide Canadian lynxes in captivity. with full protection under the Endangered Species Act (ESA). The petition argues that a “special rule” issued in 2000 that exempts captive Canadian lynxes from ESA protection is not only illegal but also causes animal suffering.
The petition asks the FWS to amend the rules for the inclusion of the Canadian lynx to remove the captive exception as soon as possible so that they can no longer be legally exploited, harmed, harassed or killed.
All Canadian lynxes need full ESA protection
Hundreds of Canadian lynxes (sometimes called “Yukon lynxes” or “Highland lynxes”) are currently kept in captivity in the United States. However, due to the special FWS rule, they do not have any protection against abuse under the ESA.
Canadian lynxes suffer in fur farms as “pets” and in roadside zoos, where they are sometimes used in dangerous hands-on photo sessions with people. Many of these animals are killed for their fur, claws cut off, thrown as adults, or mistreated. Accredited sanctuaries cite numerous examples of lynxes coming to their doors undernourished, sick, disfigured and exhibiting behavioral stress caused by years of abuse or neglect.
“[T]The complete exclusion of captive members of the listed species is an unprecedented and illegal departure from decades of Fisheries and Wildlife Service Agency policies and practices, and should not be tolerated. These beautiful animals deserve the full protection that the Endangered Species Act gives them. ”
– Elizabeth Melampy, Harvard Law School graduate.
A “special rule” allowing such abuse
In 2000, the FWS listed the Canadian lynx as an “endangered” species under the ESA. However, at that time, the agency issued a “special rule” that clarified that while wild species of this species would be fully protected under the law, captive members could be “captured” —that is, persecuted, harmed, and even killed — without any legal consequences.
The petition explains that such “special rules” may Only will be issued if necessary to further “preserve” the species as a whole – meaning that they help the species recover to the point where ESA protection is no longer needed. The petition also explains that authorization to exploit and abuse Canadian lynxes in captivity does nothing to “preserve” the species in their natural habitat and is incompatible with other government regulations in recent years to protect captive members of other ESA protected species. … Noting that the ESA does not allow economic considerations to play any role in listing decisions, the petition also argues that permission to cut for pelts is also illegal.
“Canadian lynxes, locked in dilapidated cages, are entitled to the same protection as their free cousins. Moving away from illegal listing would be a step forward in preventing tourist traps from turning these wonderful animals into sideshow props and preventing fur factories from killing them for their skins. ”
—Brittany Peet, Deputy General Counsel, PETA Foundation for Enforcement of Captive Animals
Take Action: Help Protect Big Cats
To help end public contact with large cats, private breeding, and ownership of big cats, inform your U.S. representative that you support the Big Cats Public Safety Act (HR 263), which will end private ownership of dangerous large cats while protecting both wild animals … and communities across the US Using your phone or computer only takes a minute – so what are you waiting for?
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