Lynx Killed in Northern Maine Could Affect Lawsuit

Talk about bad timing for Maine trappers.  Just when it looked like trappers were making headway defending a lawsuit by animal rights groups to ban land trapping in northern Maine, a lynx was reportedly killed in a trap set for other furbearing species this week.  The dead lynx will undoubtably be used by animal rights groups to show that Maine’s trapping activities are harming lynx.

Trappers are required to immediately report any captured lynx to the Maine Department of Inland Fisheries and Wildlife.  The Department is now investigating the incident, in which the lynx was apparently killed in a conibear trap.  Maine law states that these traps, which are humane, quick-killing body grippers, must be set a minimum of four feet off the ground on a pole less than 4″ in diameter and at a minimum 45 degree angle from the ground.  These recently adopted regulations are complicating, but make it virtually impossible for a trapper to capture a lynx in a fatal set, while still allowing marten, weasels, and fishers to be caught.

This incident is still under investigation, so we still don’t know if the trap was set legally, or if there was foul play involved.  Let’s hope the Department conducts a very thorough investigation before anyone jumps to conclusions.  I find it really hard to believe the set was a legal one, but if so, it isn’t good news for trappers since the Maine Department of Inland Fisheries and Wildlife still hasn’t received an Incidental Take Permit from the U.S. Fish and Wildlife Service.

To be issued an incidental take permit, the state has to prove to the U.S. Fish and Wildlife Service that the trapping practices it permits minimize the potential to harm lynx, which are listed as threatened under the Endangered Species Act.  The permit would allow for the occasional incidental lynx capture without federal consequences.

To me, this lynx kill appears highly suspicious, considering the difficulty for a lynx to get caught in such a trap if set legally following Maine trapping regulations.  Because of this, I wouldn’t rule out the possibility that the lynx was caught in an illegal set, or that environmentalists may have planted the lynx in the trap.  Instead of jumping to conclusions, though, we should wait until more information is available.

To put the lynx trapping issue into perspective, the number of confirmed lynx kills in traps over the past decade can be counted on one hand.  Far more lynx have been killed in vehicle collisions, and many, many more have died of starvation, which is naturally a high source of mortality, as lynx numbers cycle with their prey base, the snowshoe hare.  The state conducts extensive research on lynx, following them throughout the winter.  The majority of deaths occur due to starvation, and some are even killed by fishers!  Finally, just across the nearly invisible border in Canada, lynx are as common as they are in northern Maine, and are a legal species to trap.

Regardless of actual population status, however, the fact that lynx are listed under the Endangered Species Act, and animal rights groups strongly oppose trapping, may make it difficult for people to continue trapping in northern Maine.

Maine Lynx Lawsuit Update

Skip Trask, of the Maine Trappers Association, put together this update on the Maine lynx lawsuit hearing held in Bangor this week:

 UPDATE 11/10/2008 -  First of all, I wish to extend my heartfelt thanks to each of you that suspended your trapline activities to attend the hearing in Bangor this afternoon.  The hearing was held in a very small courtroom, and there was not enough room for every trapper to be seated.  The debate continued for more than two hours.  The judge was clearly impressed with the number of trappers that gave up a day on the trapline to attend these oral arguments.  I think each of us in attendance learned a great deal, and we got a lot of insight into what we are up against.  I think we were also somewhat encouraged by several remarks made by Judge Woodcock during the proceedings.  The judge, however, did not render a decision today on the plaintiff’s motion to ban footholds and body-grippers at land sets in Wildlife Manage-ment Districts 1 through 11 and 18.  It is anybody’s guess as to when his decision will be announced – it could be a week, a month, or even longer.  The good news is that the judge gave no indication whatsoever that he might consider implementing changes during the current season.  As a result, I think we can reasonably expect that the 2008 trapping season will continue without interruption.  I’ll send out a notice the minute we hear anything further.  We are deeply indebted to attorney Jim Lister, employed by the US Sportsmen’s Alliance to represent us, who did a fantastic job arguing our position.  Chris Taub from the AGs office also did an outstanding job representing the interests of the F&W Department.  In my estimation, their combined efforts should result in a decision that is favorable to trappers.  I’ll keep you posted. In the meantime, enjoy the remainder of the trapping season. 

Skip

You can find this and other updates on the Maine Trappers Association website.

Judge Hears Arguments in Lawsuit to Restrict Trapping in Maine

Yet another lawsuit aimed at ending trapping in Maine is being battled in court this week.  On Monday, a federal judge heard arguments from animal rights activists suing the State of Maine for allowing trapping practices that resulted in the capture of the ‘threatened’ Canada lynx.

Just last year, the Maine Department of Inland Fisheries and Wildlife settled with the Animal Protection Institute to allow trapping practices to continue in the state while working to avoid the taking of Canada lynx.  This meant that Maine trappers had to give up a lot of their traditional practices in order to avoid incidentally capturing lynx, which the API argued was a violation of the Endangered Species Act.  After the new rules were implemented, trappers caught and safely released eight lynx, which spurred the new lawsuit, claiming that the new rules didn’t go far enough.

Basically, the Animal Welfare Institute, the Wildlife Alliance of Maine, and the API want to see all trapping cease in the state.  And the federal judge involved in both lawsuits appears to more fully understand their motives this time around.

On Monday, federal judge John Woodcock showed some real common sense and put the animal rights groups’ arguments into perspective:

Woodcock pressed Brawer for evidence that lynx are harmed when they are accidentally trapped and then released.

“All I’ve got is eight lynx that get caught in foothold traps and walk away ultimately, one a little gimpy,” Woodcock said. “Where is the irreparable harm?”

Of course the plaintiffs then argued that the state failed to follow up on possible injuries that couldn’t be identified at the time of capture.  What they failed to mention was that the state routinely attaches radio collars to lynx that are trapped using these methods, and follow the critters throughout their lives.

And more importantly, Judge Woodcock pointed out the obvious persistence and apparent hidden agenda these groups all share.  Their goal is to end all trapping.  There’s no doubt about it, and outside of court, they will openly state the fact.

Woodcock also pressed Brawer for assurances that another group won’t be back with an identical lawsuit next year if more lynx turn up in traps.

Woodcock pointed out that Daryl DeJoy, executive director of the Wildlife Alliance of Maine, is a member of another group that has filed similar lawsuits over lynx in Minnesota. Additionally, wildlife consultant Camilla Fox with the Animal Welfare Institute testified as an independent expert witness in last year’s suit.

“Are we going to get suit upon suit until trapping is made illegal in the state of Maine? Is that your goal?” Woodcock asked.

Who knows where this case will end up, but thankfully the judge seems to see through some of the lies and hidden agendas at play.  And he seems to be losing a bit of patience with these groups.  Let’s hope Woodcock rules in the favor of common sense.  If catching and releasing (unharmed) eight lynx constitutes a violation of the Endangered Species Act, then the ESA is in serious need of repair.

Finally, though, one might argue that this case wouldn’t even be in court if it weren’t for state and federal bureaucracy.  Maine trappers were told that the state was going to apply for an Incidental Take Permit (allowing incidental lynx captures) with the U.S. Fish and Wildlife Service as part of a special predator control program about 6 years ago.  The feds never saw an application.  And even if the state’s current application (regarding the revised trapping rules) is in, it may sit on desks at the USFWS for quite some time.

DIF&W could protect itself as well as trappers licensed by the state by acquiring a permit that allows for the limited “take” of protected species through lawful activities. DIF&W recently applied for such an “incidental take permit.” However, it typically takes the U.S. Fish and Wildlife Service 10 months or longer to process and approve an application.

As trappers, we all need to put pressure on the state to take more aggressive action, and we should support the Maine Trappers Association, the U.S. Sportsman’s Alliance, and other groups working so hard to keep Maine’s trapping heritage alive.

Fur Price Forecast: No One Really Knows!

It’s a busy time of year.  Hunting and trapping seasons are in full swing in most areas, and many of us are finding little time to get on the computer in between work and time chasing critters in God’s great outdoors.

One of the biggest things on many trappers’ minds at the onset of this season is the price of furs.  While many of us trap for fun, fur prices do play a huge part in deciding where, what, when, and how much we’ll trap each season.

The fur price forecast for the upcoming season is probably about as uncertain as it’s been in recent history.  With the recent economic downturn, it’s hard to say what demand will be like in Russia, China, Greece and other fur consuming areas.

North American Fur Auctions recently released it’s Wild Fur Forecast for 2009, questioning whether last year’s record high fur prices could be maintained.  Expectations are high, but as NAFA president Herman Jansen states,

At this time we don’t really know and we will have to wait to see what happens in the retail markets of Russia and China. In both markets, retail spending up until now has been increasing, however, both markets have experienced losses in the stock market.

In addition to questions about the economic crisis, other factors are important in determining fur market performance.  NAFA points out that the weather in Russia and China should also play an important factor in fur sales.  Fur sales typically do better during more severe winters.

You can see the entire NAFA forecast here.

More recently, NAFA came out with a Wild Fur Market Update for November.  This one page summary basically stated that it’s still uncertain how the economic downturn will affect fur prices, and that weather in Russia and China over the next month should impact sales.

To sum it all up, nobody is really certain what will happen in the fur market in the coming months.  It looks like we’ll just have to wait and see.  One thing’s for certain, though – die hard trappers won’t be sitting at home waiting to hear about fur prices.  They’ll be out catching fur!