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.

Minnesota Ordered to Avoid Incidental Trapping of Lynx

After a brief intermission, the Canada lynx issue is back to the forefront of outdoor politics in the state of Minnesota. This past Monday, a federal judged ruled that the Minnesota DNR “promptly take all action necessary to [ensure] no further taking of threatened Canada lynx”. Basically, this means that the state must apply for an “incidental take permit” (ITP) from the federal government, which would protect the state against any further lawsuits resulting from lynx killed as a result of state regulated trapping.

This new ruling comes at the heels of two recent federal lawsuits regarding the taking of lynx: one in Minnesota and one in Maine. Both lawsuits were filed by animal rights groups, and both were settled with the agreement that the respective states file for ITP’s with the feds. Minnesota reached their agreement with very little compromise in trapping regulations, while the Maine settlement resulted in some very significant changes in the way trappers were able to operate.

Now, just months later, the Center for Biological Diversity and the Animal Protection Agency are back in Minnesota and are demanding that additional regulations be placed on trappers to prevent the taking of lynx. A simple look into the history of actions by such groups indicates that they do not back down until they achieve their view of success.

The likely result of the new lawsuit is that Minnesota will have to significantly change their trapping regulations similar to the changes implemented by the Maine Department of Inland Fisheries and Wildlife. Temporary regulations that both sides can agree on will be put in place while the ITP is filed, and ITP regulations will be at least as strict, if not stricter than the temporary regulations. The ITP process is supposed to take about a year, but as we all know, dealing with the federal government almost always takes more time that expected.

This new lawsuit raises a number of questions that we, as concerned trappers, should be asking ourselves. For instance, do lawsuit settlements work, and should trappers compromise their rights? How far are these groups willing to go? Is their goal really to protect lynx, or will they continue to use the Endangered Species Act to further regulate trappers and hunters until these activities are all but eliminated?

A recent quote in the Duluth News Tribune may provide some of the answer to these questions:

“If they (DNR) can’t demonstrate another way to avoid trapping lynx, it could prohibit all trapping in the lynx range. We’d be very much in favor of that,’’ said Nicole Paquette, attorney for California-based Animal Protection Institute which filed the suit against the DNR.

I think it’s safe to say that the API and other groups are determined to eliminate trapping and will use all of the legal and financial resources available until they accomplish this goal. The lynx battle will not stop in Minnesota and Maine, either. Other states that have small lynx populations, like Utah, Montana and Idaho will likely be subject to future lawsuits to influence trapping and other outdoor activities. Maine and Minnesota were likely chosen to set a precedent for future lawsuits because they provide political environments that are less hostile toward animal rights groups and provided such groups with better chances for success.

Despite their relatively small numbers and meager financial resources, trappers and other hunting/fishing/outdoor groups are not backing down from these suits without a fight. Groups like the Minnesota Trappers Association, National Trappers Association, Fur Takers of America, Minnesota Outdoor Heritage Alliance and Safari Club International are all working to fight this battle to the best of their capacity.

There’s little question that the trappers and sportsmen have science on their side. Only a handful of Canada lynx, which are at the southern tip of their geographic range in Maine and Minnesota, have been killed in traps over the past few years, which pales in comparison to the number that die of natural causes, the greatest of which is usually starvation due to lack of food resources. If the number of lynx killed incidentally by trappers were significant, the states would undoubtedly implement their own measures to protect these lynx populations. A plethora of data collected over the years shows that factors influencing lynx numbers are independent of and not influenced by trapping activities. However, the Federal Endangered Species Act can sometimes trump sound science, and groups using the ESA to restrict the activities of others often know or care little about wildlife management and populations dynamics.

If you’re interested in supporting trapping and sporting groups in the fight against lawsuits like these, I would encourage you to join and become active in your local and national trapping associations and other groups that work to preserve this unique heritage while ensuring the long term viability and health of furbearer populations.

See a list of trapping organizations here.

See the news stories below:

Judge orders Minnesota DNR to reduce accidental lynx trappings

Minnesota DNR told to put a stop to trapping Canada lynx