Law and Large Carnivore Conservation in the Rocky Mountains of the U.S. and Canada

Abstract

The law governing large carnivores in the western U.S. and western Canada abounds in jurisdictional complexity. In the U.S., different federal and state laws govern large carnivore conservation efforts; species listed under the Endangered Species Act are generally protected, whereas those subject to state regulation can be hunted, trapped, or otherwise taken. Neither federal nor state environmental or land management laws specifically protect large carnivores, though these laws can be used to protect habitat. A similar situation prevails in Canada. Canadian federal law does not address large carnivore conservation, although the national parks provide some secure habitat. Provincial laws vary widely; none of these laws specifically protect large carnivores, but some provisions can be invoked to protect habitat. Although the two nations have not entered any bilateral treaties to protect large carnivores, several species receive limited protection under multilateral treaty obligations. Despite these jurisdictional complexities, the existing legal framework can be built upon to promote large carnivore conservation efforts, primarily through a legally protected reserve system. Whether the political will exists to utilize fully the available legal authorities remains to be seen.