Judge upholds trapping laws in lynx case
courts

Judge upholds trapping laws in lynx case


By Kevin Miller
BDN Staff
John A. Woodcock Jr.

AUGUSTA, Maine — A federal judge has rejected a case filed by two animal welfare groups claiming that Maine’s recreational trapping policies could cause irreparable harm to the state’s population of Canada lynx.

U.S. District Court Judge John Woodcock essentially upheld the current trapping laws on the books in Maine after a lengthy court battle focusing on whether the Department of Inland Fisheries and Wildlife was doing enough to protect the lynx.

Two organizations, the Wildlife Alliance of Maine and the Animal Welfare Institute, filed a lawsuit in August 2008 alleging that DIF&W was violating the Endangered Species Act by authorizing trapping practices that resulted in lynx being captured and sometimes killed.

The lawsuit, if successful, likely would have canceled the fur-trapping season for most larger animals throughout northern Maine. As a federally protected threatened species, lynx are prohibited from being caught, harassed, injured or killed.

But in a 28-page ruling released Tuesday evening, Woodcock wrote that the Animal Welfare Institute “has simply not proven its case” that Maine’s trapping regulations pose a threat to the welfare of the overall lynx population in the state.

“Moreover, even if the court found that some lynx suffer debilitating injuries from being captured in leghold traps, it cannot take the next step and conclude that those injuries represent a threat to the species as a whole,” Woodcock wrote.

Woodcock did, however, agree that DIF&W remains liable under the Endangered Species Act for trapped lynx. The state has applied for an “incidental take permit” from federal officials that would protect DIF&W for accidental trappings.

State officials and trappers said they were pleased with the ruling.

“Just because you accidentally trap and release a handful of lynx every year, that doesn’t justify shutting down the whole trapping season,” said Skip Trask, a trapper and lobbyist for the Maine Trappers Association.

Daryl DeJoy with the Wildlife Alliance of Maine said he and the other plaintiffs were reviewing the ruling and assessing their appeal options. But DeJoy pointed out that three lynx already have been caught in traps so far this year.

“Of course, those are just the reported takes,” DeJoy said.

DIF&W officials estimate that there are perhaps 1,000 or more lynx in Maine, which is home to the only self-sustaining population of medium-sized cats in the eastern U.S. But the plaintiffs question those figures.

The lawsuit was the latest attempt by animal rights groups angered over recurrent incidences of lynx being caught and even killed by Maine trappers. An earlier lawsuit forced the state to change its regulations, but more than a dozen lynx have subsequently been caught in traps.

Although nearly all of the trappings appeared to be accidental, the groups argued that DIF&W was at fault for allowing trapping techniques that put lynx at risk of injury or death.

Sportsmen contend that the organizations were merely using the lynx as a way to ban all trapping.

Since 1999, at least 47 lynx have been caught in traps in Maine, including three since trapping began in October. The vast majority of the cats, including two of the three this fall, were released alive.

However, state and federal agencies are investigating the case of a lynx that was caught in a trap near Rangeley and subsequently shot and killed by a bird hunter.

Expert witnesses appearing on the plaintiffs’ behalf pointed to studies suggesting the padded traps used throughout Maine could cause leg injuries that increased the likelihood of lynx starving or becoming easier prey for predators.

But in his ruling, Woodcock wrote he found the plaintiff’s “generic evidence and speculative inferences much less convincing than IF&W’s specific records.” Woodcock also put much more stock in the testimony offered by Kenneth Elowe, director resource management for DIF&W, than in the plaintiffs’ witnesses.

“I was very pleased with the process the judge used,” Elowe said Thursday. “He allowed extensive testimony … I think he did a good job of really sorting out the complexities of the case.”

Although they lost the larger case, the Wildlife Alliance of Maine and the Animal Welfare Institute claimed partial victories in the lawsuit. Woodcock reiterated his earlier finding that DIF&W remains legally liable for trapped lynx, although he did not agree the incidences rose to the level of shutting down Maine’s trapping season.

Camilla Fox, wildlife consultant for the Animal Welfare Institute, also pointed out that Woodcock ordered DIF&W to make additional changes to its regulations involving body-gripper or killer-type traps after two lynx were killed in such traps late last year.

Fox said that the department has not taken any steps on its own to protect lynx since the species was listed on the Endangered Species List in 2000.

“Every regulatory change implemented by IF&W to protect lynx has been a direct result of litigation,” Fox said.

Not registered? Click here
E-mail this
Print this
Guidelines for posting on bangordailynews.com

Bangordailynews.com is pleased to offer a forum for readers to react to our stories, discuss them and provide additional information. We are reluctant to delete comments, but do reserve that right for those who abuse our forum. For more on using this site, please see our terms of service.

The primary rule here is pretty simple: Treat others with the same respect you'd want for yourself. What does that mean specifically? Here are some guidelines (see more):

Comments
20 comments on this item

my dog has been caught in a foothold trap. she was fine. Im not a trapper.

Good! Finally a logical decision by a federal judge with some common sense. Judge Woodcock could have said this though, "the Canadian Lynx is not an endangered species to begin with. Here in Maine the Canadian Lynx is in it's southern range leaving some to believe that their numbers are low when in fact in Canada lynx may be hunted and trapped on a regular basis, therefore to institute the endangered species act on this species in this location is quite frankly a big waste of tax-payer dollars." That is something he should have said as well.

I live in Aroostook County and am proud to be a trapper. My phone has been ringing since August from people asking me to trap beaver off of their property that are destroying their trees. I don't have a lot of time as I work, but am trapping now and making a few land owners very happy that thier trees are being saved.

Why would you want to trap any animal, there would have to be something wrong with you.

Well Coolfusion your comment just goes to show you that you might not be as educated as you think, my husband traps, has a college degree, upholds his family life and works 60 hours a week

Looks like the kooks in PETA didn't get their way.

For any PETA types reading I have this to tell you. This morning I had bacon from a DEAD PIG. I had an egg from a CAGED CHICKEN.

For lunch I'm having a hamburger from a FEEDLOT STEER. For supper I am considering thawing out some fish that I caught by HOOKING THEM IN THE MOUTH.

As I am munching out on all this ANIMAL PROTEIN I'll be giving cursory thought to the PETA heads eating their beans and lentils.

Johnnycakemtn and coolfusion show their extreme ignorance in the scheme of things. Allowing emotions to govern logic has done more damage in this country than can ever be corrected.

Trap, release the Lynx if cought, we need to get to yote population in control ASAP.

I'm not against trapping, but I still would like to know HOW do you release a pi$$ed off lynx from a trap without getting torn to shreds ? ? ? ?

To answer the question of how you release one, they have a booklet on IFW's site and here is the portion that explains that:

"A catchpole should be used to allow safe release of any unintended animal captures. Care should be taken to approach any trapped animals slowly and avoid excessive movement. A trapped lynx will allow the catchpole loop to be placed over its head, but it can be expected to react when the loop is tightened. Tighten the catchpole loop sufficiently to hold the lynx without cutting off its air supply. Once the loop is around the lynx head, pin the end of catchpole against the ground to restrain the head. Once the head is down, quickly place a foot, with light pressure only, on the hindquarters to restrain the rear legs. Remove the trap with your remaining free hand and foot. Securely hold the catchpole until the loop is relaxed and the animal has been freed.

If a catchpole is not available, an alternative method to release lynx is to cut a strong forked stick to allow the pinning of the lynx’s neck and shoulder to the ground while the trap is removed. Never attempt to render a trapped lynx unconscious with a blow to the nose or head or by any other means. Life threatening injury to the lynx may result. Care should be taken at all times when releasing a lynx because they are capable of injuring the trapper with their teeth or claws. Always be aware a trapped lynx may try to kick at you with claws extended on any foot. Wearing thick gloves to release trapped animals is always wise

johnny and cool fushion what happened to you guys wanting people to mind there own business. its people like u that when it comes to issues like gay married and rights you want people like me to stay out of it. but when people like me enjoy things that dont suit you you try to ruin it so i cant do that. so it seems to me that you want people to stay out of things that you agree with but in return u cant keep you nose out of things that you dont agree with

Good. Now DeJoy and the rest of the PETA crowd can spend some more money, and taxpayer dollars in defense, for their appeal. I suggest at some point costs and fees of defense might be considered. That might make the flatlanders reconsider their bunny-hugging positions beforehand. And don't believe for a minute DeJoy and his cronies are considering the Lynx. They're after ALL trapping, then hunting, then fishing. They're aligned with the protectors of the "sea kitten." Sound ridiculous? Convince me otherwise.

I would like to tip my fur hat to U.S. District Court Judge John Woodcock. I wish that this would put this to fight to rest, but we know PETA has deep pockets and will return to fight again. So as trappers we still need to keep a watchful eye out for their return. We need to protect ourself and make sure we do not provide any ammo for PETA. These laws and regulations set to protect the lynx need to be followed. I want to end by saying thank you to everyone that fought for the trappers. Without your hard work the trapping in Maine would of changed forever, SO THANK YOU.

Fear tactics about trapping will never work. Leghold traps are a safe and effective method for holding animals until someone arrives to release or kill them, as the case may be.

Don't understand why I say this? How do you think state biologists catch and release nuisance bears? Usually, with a leghold trap that simply holds the animal in the proper spot on the foot without causing injury. If it's good enough for biologists, it should be good enough for PETA!

Daryl Dejoys attempt at furthering his radical animal rights agenda through the misuse of the ESA has failed. Facts and science have overcome rhetoric and emotional arguments. Maybe there is hope for our State.

I will be requesting that our State attempt to re-coup the expenses this foolish lawsuit has brought upon the Maine taxpayers. I encourage others to do as well.

BOBDUB...Thanks!

why dont all you damn special interests groups take your suitcases and go back out of state where you belong-you cannot stop evolution and change. Maybe you all are endangering the rest of us hardworking folks by being allowed to breed -- who do we contact to see about stopping that? Enough idiocritcies leave your neighbors alone.

I have recently emailed my local represnitive Bernard Ayotte, about passing a bill to make hunting fishing and trapping a RIGHT here in the state of Maine. I urge others to follow, contact your represnitive, and help me push the same issuse. If we as Mainers can make this a right, then it will be that much harder for outside left wing influences to try and take away our, what they call "privledges", but in essensce it is our RIGHT!, nobody stoped hunters, trappers and fishermen from doing what they do for centrys,, why stop it now? help me to help you make hunting, traping, and fishing a state RIGHT in maine.

You must be logged in to post a comment. click here to log in.

Powered by: Creative Circle Advertising Solutions, Inc.