Has Judge Already Made Up His Mind In Maine Lynx Trapping Case?

Isn’t it judicial protocol for a judge to hear evidence before voicing and/or rendering a decision? That doesn’t seem to be the case in Maine where U.S. District Court Judge John Woodcock will be presiding over an Endangered Species Act case involving the inadvertent trapping of the Canada lynx by licensed trappers in Maine.

The suit was filed against the State of Maine and in particular the Maine Department of Inland Fisheries and Wildlife by the Animal Protection Institute based out of California. The state is also represented in its defense by the Maine Trappers Association, the Sportsman’s Alliance of Maine and the U.S. Sportsmen’s Alliance.

According to an article by Kevin Miller of the Bangor Daily News, Woodcock, having heard virtually no evidence in this case, made a bold statement and prediction.

“I don’t think anyone here is accusing anybody of deliberately trapping lynx, but if trappers are going out … and they accidentally or inadvertently take lynx, then that is a violation of the Endangered Species Act,” Woodcock told the two teams of attorneys at the beginning of Friday’s hearing.

“I sympathize very much with the state of Maine on this but that is a personal sympathy, not a judicial one,” Woodcock added.

It’s got to be tough to continue in defense of a lawsuit where it already appears the judge has made up his mind. One would think that there is much to consider before rendering such a decision. First, Woodcock should consider the facts. According to figures from the U.S. Fish and Wildlife Service, since 1999, 34 lynx have been inadvertently trapped. Of the 34 trapped, only two have died. The rest have been released successfully. Any intelligent person with common sense can clearly see this is in no way harming the species.

A judge it seems would also want to consider how many lynx have be killed over the same period of time by other means, like driving a car or the destruction of wildlife habitat by development and logging operations. Any wildlife scientist will tell you that the biggest threat to a lynx is loss of habitat. We must also consider that during the decades the bald eagle was protected by the Endangered Species Act, trapping continued in Maine. There were a few reported cases of inadvertent trapping of eagles because they are scavengers, yet the species has flourished, despite the trapping and has been removed from the ESA list.

If find it quite disturbing that a judge would have such a black and white approach before even hearing any evidence presented in a case. Is this grounds for dismissal or can they seek a new judge? Once again he makes his intent quite clear.

“It is the law,” he said. “I don’t think there is any question about it, and I am obligated to follow the law.”

Where is precedence? Do cases exist that a common to this suit? Hasn’t trapping continued all over this country in areas where endangered species exist without jeopardizing the restoration of the species? Has any wildlife agency and in particular the USFWS ever taken issue with this practice before?

The state will attempt to show that the U.S. Fish and Wildlife Service has never indicated that inadvertent trapping of the lynx posed any problem in dealing with the protection of the species and that two lynx trapped and killed in 8 years is no danger to the animal.

It is extremely disturbing and unfortunate that a U.S. District Court judge has already made up his mind in this case without first hearing evidence. Another indication of legislating from the bench and making rulings based on personal agenda. It’s sad. A black and white ruling like this will set a precedence that could effectively put an end to trapping in areas where any endangered species exist. This act in itself could actually put some endangered species at higher risk because of some trapped species growing unchecked. This is further reason that the ESA should be overhauled or even tossed out, at least challenged in court as being unconstitutional.

Is there no common sense anywhere, anymore?

Tom Remington

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Hiring an asbestos attorney who is specialized in the field of mesothelioma would probably be more helpful than hiring any lawyer you’d find in the phonebook. Trained mesothelioma attorneys are better equipped to deal with any mesothelioma law suits than most others.

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Alaska Governor Fires Back At Rep. Miller On Aerial Wolf Management Practice

Alaska Governor Sarah Palin decided not to sit quietly by while California Congressman George Miller, filed a bill to stop the use of aerial wolf management practices. According to KTUU News, Palin told Miller to stop listening to the lies of the special interests.

In her letter sent Thursday, Palin accuses Miller of not doing his homework about Alaska’s predator control program. The letter urges Miller, “…not to swallow the rhetoric of special interest advocacy groups trying to raise money for their inaccurate campaigns.”

Palin went on to explain the state’s efforts to control wolf populations.

“Scientifically based predator control programs will continue in Alaska because we want to increase moose and caribou populations, especially for those rural Alaskans who are so reliant on that game to fill their freezers and feed their families,”

Miller continues to see this as a federal government issue.

“People of the country, last time they visited this issue made it very clear that they wanted it outlawed. They saw this as inhumane, they saw it as inconsistent with standards of hunting,”

Tom Remington

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Idaho Elk Rancher Cleared Of Any Wrongdoing

Mike Ferguson, owner of Velvet Elk Ranch near Island Park, Idaho has been cleared of any wrongdoing in the way he disposed of his animal’s gut piles. Because of increased bear activity as the result of drought and summer heat, some wanted to blame this on Ferguson.

After an investigation by the Department of Agriculture, which handles elk ranching, Ferguson was found to have been disposing of his remains within the laws that govern the industry.

However, I would like to point out one slightly misleading thing that LocalNews8 reported in their Associated Press mini article.

Mark Hyndman is the state livestock investigator charged with inspecting operations at Velvet Ranch … specifically the burial grounds for elk carcasses, guts and organs. His report found nothing wrong with burial procedures.

However, Ferguson has agreed to alter his methods, including burying guts daily closer to the kill site.(emboldening is mine)

This report makes it sound as if Mr. Ferguson agreed to this after the fact, which is not the case. He took it upon himself before the investigation because of the reports of increased bear activity, to dispose of his remains as soon as was feasible in order to reduce any chances of exacerbating the bear problems.

Tom Remington

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A Hunting Trip to Remember

This morning I was going back over the list of stories I have written over the last 4 or 5 years and decided it would be a good idea to bring back to life some of these. Below is one of the first stories I wrote for Maine Hunting Today a few years ago now. I hope you enjoy it.

Father and son experience the ultimate in whitetail adventure.
By: Thomas K. Remington

One of the things that make hunting special is when a dad can share it with his son or on the flip side, when a son can share it with his dad. The excitement of hunting whitetail deer in the State of Maine is insurmountable. Add to that an opportunity for a father and his son to spend a day in the woods with each other is a formula for an event that lasts a life time. It is far too infrequent these days when a father and son spend time together hunting or doing much of anything as a matter of fact. A day in the woods for Dennis and Joel Doyon of Bethel, Maine in November of 2002 would culminate in a way that only a good fiction writer could pen into a best selling drama full of adrenalin pumping anticipation and an ending that would surprise even the veteran reader. It was a day that will be remembered for generations to come. This is that story.

Joel Doyon was in Cape May, New Jersey finishing up his boot camp with the United States Coast Guard. I’m sure that many nights Joel would dream about getting out of the long days and short nights that boot camp can bring and getting back home to Maine to spend a little bit of time hunting before he headed for Seattle, Washington to be united with his ice breaker duty with the Coast Guard. Many times I am sure Joel found it a bit difficult to concentrate on his studies and pulling his duties knowing that in a few days he would be headed back to Maine with his parents to visit friends and family before shipping out.

Graduation day for Joel was on Friday, November1, 2002. His parents had made the 10 to 12 hour trip south to attend his graduation; a sacrifice every child should have the pleasure of witnessing. I am sure both Dennis and his lovely bride Betsy swelled with pride as they watched their son so boldly wear the uniform of the United States Coast Guard and parade through his graduation ceremonies. The schedule for them would be a bit on the hectic side to say the least. When Joel completed his graduation ceremonies, they were going to hop in their car early the next morning and head directly for Maine. What was the hurry? Well, Saturday was opening day of deer season for Maine residents, of which Dennis and Joel were going to miss and Sunday was the day everyone checked in at hunting camp for the first week of hunting. They needed to rush home, grab a little bit of sleep and then awaken Sunday morning, pack their gear and head for camp.

Hunting camp for most of us was a chance to relax and get away from it all. None of us were what I would call serious, hard core hunters when it came to the week at hunting camp. There was though a lot of knowledge and years and years of experience there. Over the years the deer population in certain areas of the State of Maine has become sparse. The area where our hunting camp is located is one of those regions that is hard hit with severe winters and it has an ample population of coy dogs or coyotes or brush wolves; whatever you prefer to call them. The mortality rate for deer was high without the pressure of hunting season There were usually about eight of us who would spend the entire week at camp and during that time if one person was lucky enough to bag a deer we considered that a success.

It was a cold Tuesday morning with a biting breeze coming from the northwest. Some of us were going to hunt around the pond and check out the swamps. Others had their favorite spots that they planned to sit and watch but Joel opted to take the high point up on the power lines that run through that area. In the years prior to this deer season, Joel hunted with a single shot 30-30 that his father had gotten for him. Dennis felt that this would be a good rifle for Joel to learn with. This day though he had borrowed a lever action, 300 Savage from our close friend, Gary Inman.

Joel found his perch up high on a knoll and he tucked himself nicely back against the backdrop of the surrounding forest. His sight distance was probably more than the 300 Savage with peep sights was practical for but it is always nice to see great distances. The direction that he was facing looked somewhat downhill and toward the pond outlet. Just slightly to his left and he was looking more in the direction of the swamp. I have sat many times on that same power line and often in the same general area where Joel sat and I know how difficult it is to sit there and remain focused. For one thing, the wind usually will blow right in your face and chill every bone in your body. Another, the view is panoramic toward the west with fantastic mountain views and it is easy to just sit and gaze in that direction and soak up the vastness and raw beauty of the Presidential Range. Finally, there is just plain a whole lot of territory to cover with the naked eye. The power line cornered nearly 90 degrees further up from where Joel sat and from that corner it was only a short distance through mostly hardwood and some softwood trees to a small bog area just below the outlet of the pond. Joel was actually sitting in a good location to catch sight of deer making a run across the power line to escape danger from down around the bog. In the area around the hunting camp the deer are extremely intelligent. They know where the posted land is and when they get into trouble that’s where they head. Joel sat with his back to the posted land. He was no dummy either. He sat quietly hoping to see some action and as the frigid air penetrated his clothing he hoped for a chance at a deer to get some blood circulating and warm up.

It was nearly 9:30 am now and a time when that early morning “get em on the way back into the thickets” had passed. Becoming restless now, Joel scanned to his right and then to his left wanting to stand or walk around but he knew that wouldn’t be a wise choice until he had decided the hunt was over. He saw nothing but the same dried golden rod waving in the breeze, the same half rotten tree stumps and boulders of every conceivable size scattered over the viewable terrain. As he returned his glance back to the right, his eyes caught some movement and when he looked completely around just off his right shoulder it was happening. Coming straight at him was a beautiful 8 point buck with steam flowing freely from his wide spread nostrils. The deer was headed for high ground and nobody was going to stop him now. Joel took his safety off and raised his rifle to shoot. The loud crack permeated the morning air and the sound could be heard from a long distance away. I was on the back side of the swamp and I remember the sound very clearly. I knew it had come from the direction of the power line and I just smiled knowingly.

The shot missed and the deer really paid little attention to it or to Joel except that he altered his direction slightly and passed on Joel’s left and was headed for the woods in rapid form. Having mostly only hunted with a single shot rifle in the past, Joel thought his chances were over until he realized that he could jack in another round. Jacking in another round is what Joel did. He took quick aim knowing this would be his only chance and squeezed the trigger one more time. I have been in that position many times myself and it does sound good to say I “squeezed” that trigger. It somehow makes the entire episode seem precise, exact and planned. It is more like yanking the trigger to get the bullet to come out quicker to hasten the anticipation of the ultimate demise of your prey. The deer fled into the woods and disappeared. At first Joel didn’t know what he should do but he began to think things through in his head and knew he should see if there was a blood trail. He searched several times before finally spotting a tiny bit of blood on the ground but sizing up the situation his fears grew. He was thinking he had only slightly wounded the deer and would probably never find it. He followed the sparse blood trail only a few yards into the woods and there he found his prize. Oh, man! He was a handsome beast. A great rack of horns, a thick coat of hair and what appeared to be an ample supply of fat for the upcoming winter season. It wasn’t long after I heard that second shot that I heard a voice yelling, coming from the same direction. It was a loud exclamation of joy and excitement over what had transpired. I knew that voice and it belonged to Dennis. I had heard it echoing from mountain tops and side hills in that area in the past. He may have been more excited than Joel but somehow I don’t think so.

Several of us made our way out of the woods to come and be witness to the historic event. Second to arrive on the scene was Gregg Inman whom we so affectionately refer to as the “Gut Master”. He acquired the nickname for his eagerness to indulge himself into the art of field dressing a deer. As I stood back and observed the proceedings, I think there was a real possibility that Joel was hoping that the “Gut Master” would take over. Well, true to form the “Gut Master” did take over, but today he became the teacher instead of the entertainer. Joel got his hands dirty and Gregg gave him the blow by blow directions on the proper way to field dress a deer and then he became the entertainer we all enjoy.

As is the case no matter who does the shooting, whether it be the seasoned hunter or the first time novice, the story is told several times and often the story gets a little better with age. It was Joel’s lucky day in more ways than one. Josh, one of our other hunting buddies, drove his pick-up truck right up the power line and we loaded the deer into the back and headed for camp.

Now that’s a great story! But that is far from the end of it. Tradition at camp has it that each hunter contributes a certain amount of money to a deer pool and the total dollars are split up at the end of the week between the first person to bag a deer and the one who brings down the biggest. Usually both portions of the pot are won by the same person. It was obvious that Joel would win the first half. Who would get the second?

After our lunch of famous red hot dogs and a side of some seriously sharp cheddar cheese, we headed up behind camp to do some investigating. To be honest I think most of us figured that would be the end of our excitement at camp for one year judging from past history. Again some of us went high and some stayed low. Some of us walked a lot and some sat all afternoon. Dennis went up high to make a swing under the ledges that overhung the east side of the mountain. I was somewhere below him and moving at a snail’s pace. It was just about 2:30 pm when I heard a shot ring out that seemed not that far away but with the ledges nearby and some big hardwood trees on an east sloping mountain side, it was difficult to tell where it came from. I assumed above me and that it must be Dennis.

My assumption was correct. While Dennis was slowly making his way across the side slope, he heard a noise off to his left. When he looked up, he was greeted by a nice buck coming straight downhill toward him. He raised his TC 54 muzzleloader and took aim. He pulled the hammer back in preparation to fire that 50 caliber round ball at his target. Dennis has been known to get a little excited from time to time and I’m sure he wasn’t the cool cucumber he would like everyone to think he was. Did he squeeze or did he yank the trigger? It didn’t really matter because when the hammer hit the cap nothing happened. He lowered the gun to see what was up and that’s when he discovered that his custom made patch made out of florescent surveyors ribbon and electrical tape he used to protect his hammer from hitting the cap accidentally, didn’t function the way the theory implied that it would. The not so well thought out plan was when he pulled the hammer back the patch would just fall off exposing the cap for a direct hit from the hammer. The only problem was when he pulled the hammer back the patch remained firmly in place. It had sort of molded itself to the cap. I think it is a family thing but while all this is taking place the deer has not changed course and as Dennis put it, “I think that deer was snickering as he continued to approach me”. He manually pulled the patch off, cocked the hammer back, took aim and yanked (I’m sure) the trigger. When all the smoke cleared, the deer was gone. Before doing anything else, Dennis reloaded his muzzleloader and then he began to look for a blood trail. He hit pay dirt! The deer hadn’t gone but only a few yards and fell dead only feet from an old logging road. It was but just a few seconds after he located the deer that I came along. It was a sight to behold and I know you would have to know Dennis to appreciate this but when I looked up through the trees where he was standing with his deer he was trying to lean up against a tree and act like he wasn’t excited. He was Mr. Cool! I think it was more like a fish trying to pretend he didn’t miss the water. I nearly fell over laughing.

The story continues to get better. As the crow flies, we were perhaps only a half a mile from where Joel shot his deer only 5 hours earlier. We back tracked Joel’s deer and determined where it must have come from would have been about half that distance. It was rare for us hunting in this area to see two deer in one day say nothing about shooting two. They were both nice bucks and the debating began. Which deer was bigger and which one had the bigger rack of horns. No one knew for sure but we all agreed they were very similar in size and age.

What a day father and son had in the woods that day. We returned to camp that afternoon with Dennis’s deer and put the two deer side by side. They could easily have been twins. The debating and guessing continued well into the night until the next day when it was decided to take the deer from camp, get them weighed and tagged and take them to Dennis’s house. Both deer were weighed on the same set of scales at the same tagging station. Joel’s eight point buck weighed in at exactly 200 lbs. Dennis’s was hoisted up onto the scale and his eight-pointer topped out at 203 lbs. Joel tried several times to see if something was wrong with the scales but to no avail. He claimed that the reason his father’s deer weighed three pounds more was because the 50 caliber round ball was still in it and that weighed 3 lbs. I think Joel really just wanted the other half of the pot of money.

They had the deer heads mounted and they now hang proudly on the wall of their den at home. Many stories have been told and many more will follow. When the taxidermist engraved the brass plates he had them both weighing 200 lbs. Dennis decided to leave the plates that way in hopes that it would help to quiet Joel down about whose deer really weighed more. This past summer for Dennis’s birthday Joel bought him a new buck knife with both of their names, the date and 200lbs etched into the blade. And to add another irony to the story, Joel came home this summer for a visit and as he was getting ready to head out the door to go bike riding with his Uncle, Dennis’s mount pulled out away from the wall pulling the bolts that held it up part way out. Dennis’s explanation to Joel was because his deer weighed more.

I am a firm believer in the strength that lies in father and son bonding experiences. There are many things that families can do to create traditions and have bonding experiences of their own but I think there is no comparison to that of a father and son sharing the outdoors and the excitement of the hunt as Dennis and Joel did last November. This truly will be a day they will both remember and a story that will be passed on for generations to come. I just hope they can get all the facts straight!!

Thomas K. Remington
Copyright September 2003
All rights reserved

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Last Home Baseball Game Of The Season

I just thought I would take a minute to share something with readers. I attended the last home baseball game of the season at Tropicana Field last night and watched the New York Yankees beat the Tampa Bay Devil Rays, 3 – 1. So what’s the big deal? Most wouldn’t understand considering that the Devil Rays, once again, have the worst record in baseball with a record as of last night of 65 wins against 94 losses. Turn those numbers around and that’s what the league leading Boston Red Sox have for a record, 94 wins and 65 losses.

But here’s something interesting and exciting that baseball fans may not be aware of. Here is a team that has struggled throughout the year to compile 65 wins. That’s nothing to brag about but the Rays do have something to brag about. In last night’s game, I was witness to a young and very talented pitcher by the name of Scott Kazmir, start and pitch 6 innings. He’s a lefty and managed to strike out 10 Yankee batters through the 6 innings. Big deal you say? After his 7th strike out of the game, Kazmir took the Major League Baseball lead in strike outs with 236, finishing the game with 239. He has a future but unfortunately it won’t be the Devil Rays. They have no money.

The other event I was witness to was the 44th home run of the season by rookie first baseman, Carlos Pena, a very likable guy with natural ability. His 44th home run far surpasses any Devil Rays’ record book and keeps Pena solidly in second place in the American League home run lead behind Alex Rodriguez of the New York Yankees. Pena is arguably the number one selection for rookie of the year honors.

The Rays have some very young and very talented players but have big holes that need filling if they are to be taken seriously but Rays fans have learned not to hold their breaths because of a franchise unwilling to spend money to make the team competitive. But, if you like good baseball, just forget about the scoreboard and win-loss records and go out to the park like I did, meet some fun people and have a good time.

We’ll get em next year, for sure!

Tom Remington

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“Open Air With Tom Remington” Broadcast

If you missed the show on Skinny Moose Radio today at 3 p.m., you can now listen by streaming the audio right here or going to the Skinny Moose Radio website and downloading it as a podcast or saving it to your computer and listen at your leisure.

My guest today was Kristine Shreve, Director of Marketing for Gun Safety Innovations. We talked extensively about hunting safety and in particular tree stand safety. Gun Safety Innovations has developed a product that will not only allow you to safely raise and lower your weapon from your tree stand and to secure it and prevent it from falling out of your stand.

In addition to tree stand safety, we also discussed outdoor industry networking including bloggers and the impact this is having on hunting and the outdoor sports industry.

Click on the player below to listen to the show or go to the website to download.

[AUDIO:http://www.skinnymoose.com/downloads/openair9-27.mp3]

Tom Remington

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New Jersey Appeal Court Sides With Jackson. No More Bear Hunts

Proof that anti-hunting in New Jersey has pretty much made a clean sweep of the state, an appeals court has ruled that the bear management plan that a lower court approved before Gov. Jon Corzine was elected and his puppet Lisa Jackson was appointed head of the Environmental Protection Department, was invalid because the Fish and Game didn’t follow the rules.

In effect, right now, New Jersey has no bear management plan. The state requires one, that is if those in charge who seem to turn a blind eye to laws, and the Fish and Game Council along with Jackson, still have to come up with a plan.

For those who still think that New Jersey and those behind the bear hunt ban are only interested in protecting the bear, read what the lawyer who argued against the hunt had to say.

“Our victory today shows that the Fish and Game Council cares nothing for laws and procedures,” said Doris Lin, a lawyer who argued in front of the court against the hunt. “Instead of managing wildlife for all of us, the Council abuses their power to satisfy the recreational hunting desires of the few.”

This clearly shows the continued lies being told by the anti-hunting crowd. Because they are opposed to the sane, rational and ethical use of hunting as the only proven viable wildlife management tool, they have to accuse the Fish and Game Council of abusing their power in order to cater to hunters.

It is really a sad state of affairs for the state of New Jersey and the people who reside there. The state is now in the control of anti-hunting socialists who will cost the taxpayers millions of dollars in damages because they refuse to do the right thing in order to promote their personal agendas.

I’m sure this isn’t the end of it but should this end up being the final word for New Jersey’s bear management policy, many residents will regret the day this decision was rendered in the New Jersey Appeals Court.

Tom Remington

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Hunters Can Help New Hampshire Food Bank Feed The Hungry

From the New Hampshire Department of Fish and Game:

CONCORD, N.H. — New Hampshire’s hunters can help the less fortunate by sharing all or part of their fall harvest with the “Hunt for the Hungry” program.Once again this year, the New Hampshire Food Bank, based in Manchester, is collecting donations of whole or processed game animals for distribution to more than 350 food pantries, soup kitchens, homeless shelters and group homes statewide.

Last year (2006), the Hunt for the Hungry program took in 1,280 pounds of donated deer, bear, moose, duck and other game meat – up from nearly 900 pounds donated by hunters in 2005.The program offers packaging instructions and can pick up your meat donation.To donate game, call Food Bank Operations Manager Michele Garron at (603) 669-9725.

If you’re donating a whole deer or moose, you can bring it to Lemay & Sons Beef in Goffstown (603-622-0022), and they will process it for the food bank at no charge.

“Hunt for the Hungry is a great way for hunters to share the harvest to help needy families get through the winter,” said Donald S. Clarke, Acting Executive Director of the New Hampshire Fish and Game Department.”Wild game is a local renewable resource that is high in protein, low in fat and 100% organic – not to mention delicious.”

“We are really counting on hunters and backyard farmers to support the Food Bank,” said Garron.”This year has been particularly difficult for us because there has been a trend over the past two years of decreasing donations.We are really struggling.”Corporate donations to the Food Bank have been down in recent years because increased efficiencies leave less product left over to pass along, Garron explained.Donations of protein foods have been especially hard to come by.

A hunter herself, Garron hopes to be successful in the field this season so she can contribute some venison to the program.

For more information on the New Hampshire Food Bank, visit http://nhfoodbank.org.

For information on hunting seasons in New Hampshire or to purchase a hunting license, visit http://www.HuntNH.com.

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–
Copyright 2007 New Hampshire Fish and Game Department, 11 Hazen Drive,
Concord, NH 03301. Comments or questions concerning this list should
be directed to liza.w.poinier@wildlife.nh.gov.

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Tune In To Today’s Open Air With Tom Remington Broadcast

I want to take a moment to remind readers that a brand new broadcast of “Open Air With Tom Remington” will air today at 3 p.m. on Skinny Moose Radio.

Today’s show features an in depth interview with Kristine Shreve, Director of Marketing for Gun Safety Innovations, maker of the new tree stand safety device the Gun Slinger. Kristine and I discuss hunter safety with a focus on tree stand safety.

Following that, we spend some time talking about the importance of the outdoor blogoshere and how this is becoming a rapidly growing resource for all outdoor sportsmen. I hope you tune in.

If you can’t listen to the show at 3 p.m., as always we will provide a link to our website so you can listen to the show and all the shows at your leisure. I hope you will join me today at 3.

Tom Remington

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Plaintiffs In “Scent-Lok” Case Claim Facts Hidden And Conspiracy

In a class action lawsuit filed in the state of Minnesota by Mike Buetow of Shakopee, Theodore Carlson of Edina, Gary Richardson Jr. of St. Paul and Joe Rohrbach of Shakopee, Plaintiffs claim that there was no way for anyone who was interested in the odor eliminating clothing to investigate to find facts. They also claim that ALS Enterprises, Inc. of Muskegon, Michigan as well as Gander Mountain Co., Cabela’s Inc., Bass Pro Shops Inc. and Browning Arms Co., conspired to keep the truth from consumers.

2. Since 1992, Defendants have uniformly misrepresented to consumers that their odor eliminating clothing “innovation” would not only eliminate 100% of human odors, but could also be reactivated or regenerated in a household dryer after the clothing has become saturated with odors. Defendant’ representations regarding the ability of their so-called innovative odor eliminating clothing are false. Defendants’ odor eliminating clothing has very little, if any, odor eliminating capabilities and cannot be reactivated or regenerated in a household dryer.

3. By making false, fraudulent and misleading statements to consumers, Defendants have deceived thousands of consumers into purchasing odor eliminating clothing. Hunters buy Defendants’ odor eliminating clothing only for its purported ability to eliminate all human odors and to be regenerated for repeated use. Consumers have been duped into spending significant amounts of money on a product that does not work as represented and as a result, Plaintiffs have been harmed by Defendants’ fraudulent misrepresentations.

This clearly lays out the strategy I believe of the Plaintiffs in regards to proving the public was duped. Their claim that the clothing eliminated human odors 100% and that it could be “reactivated” or “regenerated” in a dryer was deliberately false and that the manufacturers of the clothing knew it.

This is still not going to be an easy case to prove. This kind of false advertising saturates the consumer markets today and has for years. I think the Plaintiffs are going to have to show how this case is really any different.

The other part of their case involves the conspiracy theory. Plaintiffs are claiming that ALS Enterprise, Inc. along with Gander Mountain, Bass Pro Shops, Cabela’s and Browning Arms, knew the products did not work and they worked together to keep this information from the public.

In the filed lawsuit, the Plaintiffs make their initial accusations for a conspiracy theory this way.

Defendants conspired to uniformly deceive consumers. Defendants’ fraud could not have been as pervasive or remained undetected for as long as it did in the absence of Defendants’ conspiracy to misrepresent the efficacy and attributes of their odor eliminating clothing. Each Defendant manufactured and sold the exact same odor eliminating clothing as a licensee of Defendant ALS. The misrepresentations of each Defendant are dependent on the uniform misrepresentations of the other Defendants- if one Defendant had exposed the lie of its competitor’s clothing, it would have revealed its own lies. Defendants agreed to uniformly, and as a group, misrepresent to consumers that their odor eliminating clothing eliminates human odors and can be reactivated or regenerated in a household dryer. Defendants also conspired to suppress and conceal the truth about the odor eliminating clothing sold by the other Defendants – the same clothing they were also selling. Defendants failed to disclose material facts to consumers about their own and their competitor’s odor eliminating clothing. As a result of Defendants’ agreement to suppress the truth and maintain a uniform lie, the conspiracy is able to achieve the deception that any one Defendant could not have achieved individually.

Proving conspiracies is a very difficult thing to do. Making a claim about the prospects of conspiracy among these retail giants and proving it is some different. I would have to assume that the Plaintiffs have substantial evidence to prove their accusations.

Further along in the filed lawsuit, the Plaintiffs get into more specifics about the conspiracy. Plaintiffs say that any Defendants could not have discovered that the scent blocking clothing did not work “despite reasonable and diligent investigation”. They further claim that this effort would have been hampered “because of Defendants’ failure to disclose and active concealment of their fraud”.

Once again the suit is claiming that all the Defendant’s named in the suit were not only aware that the clothing didn’t work but that they all actively participated in covering it up making it impossible for consumers to find out the truth.

The suit then gets into more specifics about the actions taken by different Defendants to cover up.

52. Defendant ALS has published in national publications articles responding to criticism of Defendants’ odor eliminating clothing. Defendant ALS defends the purported science behind Defendants’ odor eliminating clothing and provides other Defendants with the same information to respond to doubters and critics. Defendant ALS employed numerous outdoor writers and hunters to promote its odor eliminating clothing and to provide misinformation about its efficacy. Defendant ALS relies heavily on
testimonials from hunters purporting to have had success while employing Defendants’ odor eliminating clothing and raving about its odor eliminating capabilities.

53. Defendant ALS also instructed its employees to respond to messages posted in internet chat rooms that questioned Defendants’ representations regarding the ability of their odor eliminating clothing to eliminate all human odors. To certain individuals who have complained about or questioned the ability of Defendants’ odor eliminating clothing, Defendant ALS has consistently responded by citing to scientific testing, by stating that many factors can contribute to an unsuccessful hunt, and by suggesting that the clothing may not have been properly cared for or handled – not by disclosing the truth that the claims regarding the ability of its odor eliminating clothing were false. Defendant ALS’s founder himself, Greg Sesselman, has responded in writing to doubters by citing to scientific studies and testimonials as evidence of the efficacy of Defendant ALS’s clothing in eliminating human odors and being regenerated or reactivated.

The Plaintiffs make claims of active conspiracy against Cabela’s.

54. On its website chat rooms, Defendant Cabela’s also removed postings by some users who questioned Defendants’ odor eliminating clothing and challenged the ability of Defendants’ odor eliminating clothing to eliminate odor and be regenerated or reactivated in household dryers.

While I understand that I am only looking at the full lawsuit filed in the state of Minnesota, I would still have to say that the Plaintiffs are going to have their hands full proving their claims in a court of law unless they have substantial proof. Proving conspiracy is difficult to do and I might even suggest they would need witnesses at a level other than those whose duty it is to manage a message board, to prove malicious intent to defraud the public as a group.

None of us can blame a company for promoting and standing up for their product, however there are limits, many of which we as consumers are subject to all day and everyday. In my opinion, from the information that I have looked at in this lawsuit, perhaps the strongest evidence the Plaintiffs have is in the Defendants’ marketing that their clothing blocks human odor 100%. Any product making a claim to 100% certainly opens the door to challenges of accuracy.

The other issue is the reactivation of the charcoal within the clothing. Their case may be enhanced if they can bring solid reports from the military that their use of such clothing for handling chemicals is limited in use and disposed of after saturation because it is rendered useless or ineffective.

While these things may not be accurate advertising and marketing, one has to question whether it is in line with a class action lawsuit and certainly whether all these companies conspired to dupe the consumers.

It will be an interesting case that will have a broad and sweeping effect on all of us.

For those interested in viewing the entire lawsuit, may do so at this link (pdf) provided by the staff of Skinny Moose Media.

Tom Remington

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Keep The Feds And Animal Rights Groups Out Of Alaska Wildlife Management

At the behest of the Defenders of Wildlife, Rep. George Miller (D-CA), introduced legislation to the U.S. House of Representatives that specifically targets Alaska’s wildlife management practices and in particular their wolf management program. Defenders of Wildlife and other animal activists have been trying to prohibit the state of Alaska from keeping wolf numbers in check in order to preserve the moose and caribou populations in certain areas of the state. At times this has involved going into the back country and shooting wolves using helicopters and fixed-wing aircraft.

Alaska Congressman Don Young opposes this legislation.

In defiance of the Tenth Amendment of the United States Constitution, as well as the Alaska Statehood Act, legislation was introduced this afternoon by Rep. George Miller (D-CA) to specifically target Alaska and the wolf management program; a program governed under the State of Alaska’s Office of Fish and Game, Predator Control Program.

The Protect America’s Wildlife (PAW) Act, a bill written by the Defenders of Wildlife in one of their greatest fundraising schemes to date, trades dollars for the food out of the mouths of Alaska’s rural residents. Controlling the wolf population in Alaska is essential to maintaining a healthy and viable caribou and moose herd; herds that rural residents are dependant upon to feed themselves and their families. Should the wolves’ numbers increase past a certain point, the direct result is a significant decrease in these herds, and a serious threat to Alaska Native subsistence hunting.

Congressman Young says the tactics being used by Defenders of Wildlife to influence public opinion are dangerously misleading.

“The aerial wolf hunt is not about hunting,” said Rep. Young, “it’s about wildlife management. The ads and information that the groups behind this bill are pushing are dangerously misleading and absurdly inaccurate. Those who have never had to hunt to maintain their survival are significantly crossing the boundaries when they try to dictate to those that do.

Alaska state officials say there are 10,000 wolves there. Fish and Game seeks to kill 140 wolves each year. Bounties on wolves are not allowed and in places where the wolves are decimating the moose and caribou herds, it is remote wilderness and it is next to impossible to get hunters to go to these parts just to hunt or trap wolves.

According to the same figures from the governor’s office, bears and wolves kill more than 80 percent of the moose and caribou that die each year. Man kills less than ten percent.

“This bill is another deliberate attempt by radicals to federalize our country and defy the core principles upon which it was founded,” Rep. Young continued. States have the inherent right to manage their own wildlife populations. For the federal government to step in to one particular state is on par with a selective dictatorship, and as a population, we should be fearful that those in power are actively working to make this a reality.”

Few people understand wildlife management. It’s a science. Sometimes necessary and unpopular steps are taken for what scientists believe are in the best interest of the species. The last thing Alaska or any other state needs is for the federal government to step in and begin micromanaging our individual state wildlife programs. They have done enough damage already through the often dictatorial strong arming of the U.S. Fish and Wildlife Service.

Defenders of Wildlife and other radical animal rights groups have no longterm interest in the best welfare of all wildlife. They main goal is to stop hunting, trapping and fishing and will accomplish that task anyway that they can. This legislation can affect every U.S. citizen. If this is allowed to pass, there is nothing that will stop these groups, along with our own representatives of government from forcing their ideals onto every state in the Union.

I agree with Congressman Young. We should be fearful. Big government is a threat to our freedom. The idea that one congressman is attempting to dictate wildlife management tactics to one state at the urging of a radical so-called animal rights group, is very scary.

Call your congressman today and tell them to mind their own business and not cater to another radical special interest group that is way out of touch with reality.

Tom Remington

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Texas Big Horn Sheep Growing In Numbers

The last known native Texas big horn sheep was spotted in October of 1958. Today, with the help of many, big horn sheep number 991 in the far western reaches of the Lone Star state. The Jasper Newsboy is reporting that the census tallied a one-year increase in sheep of 169.

“It’s still kind of hard to believe,” said Mike Pittman, who oversees the three state wildlife management areas that form the nucleus of Texas’ bighorn sheep program. “We used to bust our tails trying to see 100 sheep in the Sierra Diablo Mountains because that meant we had what we considered a viable population.”

This year’s survey recorded more than 400 bighorn sheep in the Sierra Diablos, birthplace of the restoration effort more than 60 years ago after more than 11,000 acres were acquired by the state as a sanctuary for the last remaining bighorn.

Once protective measures were put in place, efforts got underway to see about the possibility of restoring the big horn sheep to the west Texas area.

With the help of private landowners willing to protect bighorns and their habitat on their ranches, support from the Texas Bighorn Society and hunters, the desert bighorn sheep has made a comeback. Stocking of sheep obtained from other western states during the last two decades and transplanting animals into suitable habitat have nudged the natural recovery process.

As part of the overall management of the sheep, officials will issue hunting permits to target what they call surplus sheep. A surplus ram is one that is older and “He becomes more reclusive from the herd and his physical appearance may be deteriorating. We know that he’s already contributed to the herd for several years. That’s what we consider a surplus animal.”

This year 13 permits will be issued, most of them going to private landowners.

Tom Remington

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Getting One’s Point Across…..New York Style

Posted by Tom Remington

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Some Science About Weakening The Big Buck Gene Pool

Over the past weekend, I posted a brief article along with a link to a story in a Pennsylvania publication about whether archery hunters were destroying our deer herds. Some believed that to blame archery hunters was simply a matter of being jealous because archery hunters got to go first. I have no idea whether that had anything to do with the writer’s thought process but from what I understood, his gripe was two-fold with bow hunters.

One was that bow hunters tend to hunt for only the larger trophy bucks and by taking the big bucks out early, they are not around to breed the does during rutting season, therefore leaving the breeding duties to the younger bucks.

Is there credibility to this claim? I asked readers to log in and leave comments and some did. I was also prompted to seek out some expert advice and so I turned to Lee Kantar, deer biologist for the Maine Department of Inland Fisheries and Wildlife. This is what I asked of Mr. Kantar.

Can you answer a question for me? I read an article this weekend from a person who is claiming that archery hunters are ruining the big buck deer pool by taking out only trophy bucks. I’m not sure why he picked on archery hunters other than perhaps he is jealous that their season comes before rifle in most states. I have heard this argument before that with the mindset of the hunter searching for only the “trophy”, it is reducing the average size of the deer, etc.

First of all, is there real evidence that indicates that hunters are more fixated with taking only trophy deer, more so than in previous years? Secondly, if that were true, is there scientific evidence to suggest that this is weakening the genetics?

I have heard counter argument that if a hunter takes a mature buck, meaning perhaps as old as 5,6,7 or older, that buck has mated with many does and has already spread his genetics. I think it is a fascinating subject and one I don’t have many answers for. Any help or directions to find reading resources on this subject would be kindly appreciated.

I provided Mr. Kantar with the link to the article I referred to in my previous post. Initially, I was going to post only bits and pieces of his response to me but then I realized any interested readers should be able to easily digest everything that he said.

For the record, I have a great deal of respect of Mr. Kantar. He has always been helpful in answering so many of my questions. I appreciate him taking time out of a busy schedule in order to help me. I personally believe him to be one of best deer biologists around. Here’s what his response was.

Hi Tom,
There are a number of things going on here. This article is from PA which certainly has its share of controversy regarding whitetail management and represents something much, much different from deer hunting in Maine. Lets look at our archers as a comparison. Last year we estimated archer participation at about 15,000 hunters (based on license sales-so probably lower). Of these a total of about 2,500 deer were registered by them or about 8% of the total harvest spread out across the state. Of the deer taken by bowhunters 830 were bucks or about 33% of the total archery harvest. So if we harvest 830 bucks pre-rut out of a population of about 260,000 total animals with about 66,000 yearling and older bucks that is 1%. The point here is archers in Maine are removing 1% of the yearling and older bucks from the population of bucks yet to breed in the fall. That alone would sufficiently explain the lack of impact archers have on the buck population.

Now trophy bucks…let’s assume that this guys start looking really nice at 4.5 years and older (although I am sure many of us would be happy with 2.5 or 3.5 year olds as well). Now each year our harvest of yearlings changes, this is influenced primarily by overwinter survival. But during the last 5 year increment from 2001-2005 our average annual yearling harvest was about 43%. That essentially indicates that 57% of the 2.5 year and older bucks escaped or survived for another year. IF you compare these numbers to other states it will tell you that Maine is looking pretty good as far as herd age structure and annual survival. Much of this has to do with our hunter force and moderate amount of hunting pressure compared to other jurisdictions. Now this isn’t to say that there may be pockets where the herd structure looks different, but statewide it is pretty good. Many states remove as much as 70% of the yearlings which can alter a good age structure.

Now hunter behavior is a tough one. Are hunters today more fixed on getting a trophy animal versus a young one? We do think that the age of our hunter force has changed-the so-called graying of the hunter, if that is true do older hunters hunt differently than younger hunters? Are they more apt to wait for a trophy or take the next deer that comes along? We do know that overall the structure of the hunt itself (#of doe permits, season length), as well as the local herd structure and hunting conditions has much to do with the outcome of these questions regarding hunter behavior. We all know that trophy bucks didn’t survive because they were dumb. As tough of a life as it is for bucks they do have a few things going for them. Physiologically their large body size over females means that they can subsist on poorer forages by eating larger volumes of food. This means that instead of tempting fate at the edge of a beautiful meadow, bucks can hang back in the woods in better cover to forage, thereby increasing there ability to stay concealed and run for even thicker cover when sensing danger. In addition when eating lower quality forage a buck can cover larger distances and not have to focus on a smaller patch of high quality food. Older bucks also start to travel solo more in the fall and it is far easier to see a group of deer (a doe with fawns) than it is to detect a single deer.

Now genetics. Good question. As you pointed out the bulk of the bucks that are harvested are killed during the firearms season, combined with muzzleloader about 93% of the bucks are taken in November-December and therefore have most likely had the opportunity to breed. Behaviorally these trophy bucks are covering a lot of ground during the rut and because of their social dominance they are having the first crack at does coming into estrus. Past research in Maine has shown most females come into estrus during the 3rd week of November. Although does are coming into estrus probably in the beginning of November well into December. Last year about 45% of the bucks were harvested after November 13th when the height of the rut was coming on, this provides ample opportunity for mature bucks to breed does. Does that come into estrus earlier will most likely be bred my mature bucks earlier in the season based on social dominance. In the big game management world researchers have been looking more at potential consequences of trophy hunting and how it affects social hierarchies as well as the genetic structure of a particular herd. In order for real effects to take place, a significant number of older age class animals would need to be removed from the herd consistently over a number of years to start to have effects. In isolated herds with low total population numbers this could certainly be of concern and researchers have looked at some bighorn sheep populations to identify how these issues effect things, I do not know of such studies on whitetails, perhaps down south in areas where harvest is much more intensive.

Let me know if you have more questions and best of luck this fall!
-Lee

Lee Kantar
Deer Biologist-Mammal Group
Maine Department of Inland Fisheries and Wildlife
650 State St.
Bangor, Maine 04401-5654
207-941-4477

Tom Remington

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N.D. Fish And Game Makes Suggestions For Thinning Elk In Teddy Roosevelt National Park

As the debate continues over the best ways to thin out a ballooned elk population in Theodore Roosevelt National Park, the state Fish and Game Department is making some suggestions.

Game and Fish director Terry Steinwand says the National Park Service should allow volunteer hunters a chance to go after the elk. He says they`ll need to have taken a hunter safety course and get special training for the elk hunt. They`ll need a hunting license. The licenses would be distributed by a lottery system, and the hunting season would run from November to February.

Now it’s beginning to make some sense. Let’s hope the U.S. Fish and Wildlife Service and the National Parks Service begin to see things in this light as well.

Tom Remington

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