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.
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