Maine Lynx Case: “Capture Myopathy” Can Kill A Lynx?
November 16, 2009
I am only in the beginning stages of examining the court ruling in Animal Welfare Institute v. Roland D. Martin, in which the AWI and others sued for a permanent injunction to stop trapping because “incidental” takings of Canada lynx by trappers of coyote and other species, are harming the lynx population. Judge John A. Woodcock, Jr. ruled against the AWI stating they failed to show that a continuation of the rules for trapping in place now would cause irreparable harm to the lynx population.
In examining the 32-page ruling, I came across one specific gem that needs sharing and brought to light. In a six-day hearing there was extensive testimony given from both sides of the case. One such expert testimony for the AWI came from Dr. Paul Paquet, a controversial figure in wildlife related issues.
Dr. Paquet’s argument, in part, was that the incidental taking of a lynx in a leg-hold trap (not harmful) causes post traumatic stress not dissimilar to human cases of post traumatic shock. He even went so far as to call it capture myopathy, which he also stated would lead to death.
It’s a stress – - capture myopathy is a noninfectious disease of muscles that’s precipitated by stress or a stressful event, trapping being one of those stressful – - stressful events that can precipitate myopathy. It results in excess production of lactic acid because of a hyper[-]response or reaction to the trapping event so the metabolic function of the muscles becomes anaerobic – - that meaning without oxygen, right – - and the byproduct of that is lactic acid, and then the lactic acid begins to accumulate, and the blood becomes acidic, and as a consequence of the acidic blood affects, again, the breathing and the oxygenation, which leads to the deterioration of the muscle and then the release of myoglobin in the muscle, which then can have broader effects, including kidney failure and dysfunction, as well as congestive lung problems. I mean, there are a variety of outcomes, and as I said, can result in death.
Judge Woodcock didn’t buy any of it, which is quite clear in his written response to this declaration.
The Court is not convinced. AWI’s position anthropomorphizes the lynx. It is not beyond the realm of imagination that the Canada lynx possesses human-like sensitivities and horrible memories about traumatic events in the past, which cause systemic deterioration, leading to debilitation and death. But, the daily life of a mid-size predator in the woods of Maine is inherently stressful, one most humans would find overwhelmingly so, including the imperative to catch and eat elusive prey, the risk of being caught and eaten by more powerful, aggressive predators, and the exposure to harsh elements. Where along the lynx stress scale being trapped and released by a human would compare to being chased and nearly caught, killed and eaten by a fisher or coyote is speculative, but if such stressful events caused a “cascade of deterioration,” leading to death, it is a wonder the species has survived.
AWI’s contentions were further crumbled by Dr. Ken Elowe’s testimony that some Canada lynx can become, what is called in the trapping world, “Trap Happy”. Being caught “incidentally” in a leg-hold trap isn’t so bad as the prize they get from the bait in the trap…..a free meal. They keep returning to the same trap knowing they will get a free meal and early release, unharmed. Certainly if the stress was so horrific for the lynx, that is the “capture myopathy”, are we to also assume that the animal is so stupid it would keep returning only to succumb to the death throes of the stress?
I have yet to read through and grasp the entire text of the 32-page ruling but having read this tidbit and others by Judge Woodcock, it is refreshing to see glimpses that we still have some judges who are using a bit of common sense when interpreting the law.
More to follow.
Tom Remington
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[...] In an earlier post, I shared with readers about the Plaintiffs’ attempt at convincing Judge Woodcock that the stress placed on a lynx by merely being captured in a trap could easily result in death. The Plaintiffs referred to this stress as “capture myopathy”. [...]
[...] In an earlier post, I shared with readers about the Plaintiffs’ attempt at convincing Judge Woodcock that the stress placed on a lynx by merely being captured in a trap could easily result in death. The Plaintiffs referred to this stress as “capture myopathy”. [...]
[...] In an earlier post, I shared with readers about the Plaintiffs’ attempt at convincing Judge Woodcock that the stress placed on a lynx by merely being captured in a trap could easily result in death. The Plaintiffs referred to this stress as “capture myopathy”. [...]