Maine Judge Knocks Animal Rights Activists Back A Peg In Lynx Lawsuit
November 12, 2009
Many of you have probably already heard that Judge Woodcock ruled on the side of trappers in the recent and drawn out lawsuit brought against Maine trappers by the Wildlife Alliance of Maine and the Animal Welfare Institute. The suit was aimed at halting all trapping in order to further protect the Canada lynx, a species protected under the Endangered Species Act.
It is my intention to further elaborate on the ruling once I get back to my desk next week. In the meantime, Jeremiah at Trapping Today has a story.
Skip Trask, spokesman for the Maine Trappers Association, shared a few initial words with his fellow trappers and all those who have followed and been interested in this lawsuit. Here are his words:
Good morning – By this time of day in early November I’m usually several miles upstream in my canoe checking traps. Not today! I’ve spent the early morning hours reviewing the thirty page decision that Judge Woodcock handed down late yesterday on the lynx related lawsuit – ending more than a year of litigation, including a six day trial. Although I will not go into much detail about the decision this morning, I wanted to make you all aware that the lawsuit is over, and the results couldn’t be better. Here are just a few quotes from the 30-page decision that pretty much tell the story:
“Each trapping season, the current state of regulation in Maine has the effect of tolerating the incidental takes of a certain number of lynx, an intolerable state of affairs to animal rights advocates. Twice in the last three years, they have come to federal court seeking declaratory relief and injunctions against Maine laws and regulations.”
“To prevent further incidental takes of Canada lynx, AWI sought the issuance of a permanent injunction against the state of Maine, and in mid-April and late June, 2009, the Court held six days of hearing in which the parties presented exhaustive testimonial and documentary evidence. Following the hearing, AWI expressly asked for injunctive relief that would “(1) prohibit the use of leghold traps on land in the identified lynx WMDs as well as in WMD 7 where . . . lynx have been identified as present and have been trapped; and (2) prohibit the use of killer-type traps with an opening of more than four inches in both ground and elevated sets.”
“To the extent the case has been a battle of the experts, the Court has relied on Dr. Elowe’s testimony over the testimony of both Dr. Paquet and Ms. Fox.”
“The Court finds AWI’s generic evidence and speculative inferences much less convincing than IF&W’s specific records and finds Dr. Elowe’s testimony more convincing than the opinions of either Dr. Paquet or Ms. Fox.”
“The Court denies the Plaintiffs’ request for permanent injunction against the state of Maine’s current trapping regulations because it finds that the Plaintiffs have failed to prove the Canada lynx as a species will suffer irreparable harm if the injunction is not granted.”
I’ll provide more detail in future newsletter reports. Have a great day. I’m going trapping! (I’m sending this message to several of my email lists so you may receive it more than once.)Skip
The U.S. Sportsmen’s Alliance Foundation released the following statement in regards to the ruling.
(Columbus, Ohio) – Trappers in Maine won a major victory as the state’s Federal District Court upheld the state’s trapping practices and blocked the establishment of a precedent that could be used by anti-hunting and anti-trapping groups nationwide.
In 2008, the Animal Welfare Institute and the Wildlife Alliance of Maine filed a lawsuit against the Maine Department of Inland Fisheries and Wildlife (DIFW) seeking a permanent injunction that would have essentially prohibited trapping in the state. The lawsuit claimed that Maine’s trapping regulations violated the Endangered Species Act (ESA) because Canada lynx, a threatened species under the ESA, could be incidentally caught in traps causing “irreparable harm” to the population.
Throughout the case, the U.S. Sportsmen’s Alliance Foundation (USSAF), along with the Maine Trappers’ Association, Fur Takers of America, National Trappers’ Association, and several individual sportsmen, argued that the anti-trapping plaintiffs had to show that Maine’s trapping practices were a threat to the Canada lynx population as a whole. The plaintiffs insisted that harm to one individual lynx was sufficient for the Court to prohibit trapping in the state.
On November 10th, Federal District Court Judge John A. Woodcock, Jr. ruled that Maine’s trapping practices did not irreparably harm the Canada lynx and denied the injunction sought by the anti-trappers. Further, the Judge agreed with the state and the USSAF that “irreparable harm” is harm to a species as a whole and not simply one individual member.
“Although the plaintiffs may appeal the ruling, the Federal Court’s decision is a monumental victory for the trappers in Maine and sets an excellent precedent that will make it harder for the antis to misuse the ESA in their attempts to ban hunting and trapping in other states,” states USSAF Vice President for Government Affairs Rob Sexton.
“We knew the evidence was on our side and are thrilled with outcome,” said Skip Trask, executive director of the Maine Trappers Association. “The USSAF’s legal assistance was invaluable to the favorable outcome.”
Chick Andres, President of the Fur Takers of America commented, “Trappers nationwide should be grateful that the court saw through what the anti’s were trying to do.”
In 2008 the USSAF’s legal arm, the U.S. Sportsmen’s Legal Defense Fund, was granted permission to intervene in the lawsuit. The case came on the heels of similar case, also in Maine, that was settled in late 2007 when the DIFW agreed to restrict trap sizes in areas where Canada lynx exist.
The U.S. Sportsmen’s Alliance Foundation protects and defends America’s wildlife conservation programs and the pursuits – hunting, fishing and trapping – that generate the money to pay for them. The U.S. Sportsmen’s Alliance Foundation is responsible for public education, legal defense and research. Its mission is accomplished through several distinct programs coordinated to provide the most complete defense capability possible. For more information about the U.S. Sportsmen’s Alliance Foundation and its work, call (614) 888-4868 or visit its website, www.ussafoundation.org.
Tom Remington
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